HB 5013

1
A bill to be entitled
2An act relating to transportation; amending s. 479.261,
3F.S.; revising requirements for the logo sign program of
4the interstate highway system; revising the definition of
5the term "attraction"; removing provisions for permits to
6be awarded to the highest bidders; authorizing the
7department to implement a rotation-based logo program;
8revising contract provisions for related services;
9requiring the department to adopt rules that set
10reasonable rates based on certain factors for annual
11permit fees; requiring that such fees not exceed a certain
12amount for certain sign locations; providing for
13distribution of proceeds from such fees; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsections (1), (3), (4), and (5) of section
19479.261, Florida Statutes, are amended to read:
20     479.261  Logo sign program.--
21     (1)  The department shall establish a logo sign program for
22the rights-of-way of the interstate highway system to provide
23information to motorists about available gas, food, lodging, and
24camping, attractions, and other services, as approved by the
25Federal Highway Administration, at interchanges, through the use
26of business logos, and may include additional interchanges under
27the program. A logo sign for nearby attractions may be added to
28this program if allowed by federal rules.
29     (a)  As used in this chapter, the term An "attraction"
30means as used in this chapter is defined as an establishment,
31site, facility, or landmark that which is open a minimum of 5
32days a week for 52 weeks a year; that which charges an admission
33for entry; which has as its principal focus family-oriented
34entertainment, cultural, educational, recreational, scientific,
35or historical activities; and that which is publicly recognized
36as a bona fide tourist attraction. However, the permits for
37businesses seeking to participate in the attractions logo sign
38program shall be awarded by the department annually to the
39highest bidders, notwithstanding the limitation on fees in
40subsection (5), which are qualified for available space at each
41qualified location, but the fees therefor may not be less than
42the fees established for logo participants in other logo
43categories.
44     (b)  The department shall incorporate the use of RV-
45friendly markers on specific information logo signs for
46establishments that cater to the needs of persons driving
47recreational vehicles. Establishments that qualify for
48participation in the specific information logo program and that
49also qualify as "RV-friendly" may request the RV-friendly marker
50on their specific information logo sign. An RV-friendly marker
51must consist of a design approved by the Federal Highway
52Administration. The department shall adopt rules in accordance
53with chapter 120 to administer this paragraph, including rules
54setting forth the minimum requirements that establishments must
55meet in order to qualify as RV-friendly. These requirements
56shall include large parking spaces, entrances, and exits that
57can easily accommodate recreational vehicles and facilities
58having appropriate overhead clearances, if applicable.
59     (c)  The department may implement a 3-year, rotation-based
60logo program providing for the removal and addition of
61participating businesses in the program.
62     (3)  Logo signs may be installed upon the issuance of an
63annual permit by the department or its agent and payment of a an
64application and permit fee to the department or its agent.
65     (4)  The department may contract pursuant to s. 287.057 for
66the provision of services related to the logo sign program,
67including recruitment and qualification of businesses, review of
68applications, permit issuance, and fabrication, installation,
69and maintenance of logo signs. The department may reject all
70proposals and seek another request for proposals or otherwise
71perform the work. If the department contracts for the provision
72of services for the logo sign program, the contract must
73require, unless the business owner declines, that businesses
74that previously entered into agreements with the department to
75privately fund logo sign construction and installation be
76reimbursed by the contractor for the cost of the signs which has
77not been recovered through a previously agreed upon waiver of
78fees. The contract also may allow the contractor to retain a
79portion of the annual fees as compensation for its services.
80     (5)  At a minimum, permit fees for businesses that
81participate in the program must be established in an amount
82sufficient to offset the total cost to the department for the
83program, including contract costs. The department shall provide
84the services in the most efficient and cost-effective manner
85through department staff or by contracting for some or all of
86the services. The department shall adopt rules that set
87reasonable rates based upon factors such as population, traffic
88volume, market demand, and costs for annual permit fees.
89However, annual permit fees for sign locations inside an urban
90area, as defined in s. 334.03(32), may not exceed $5,000 and
91annual permit fees for sign locations outside an urban area, as
92defined in s. 334.03(32), may not exceed $2,500. After
93recovering program costs, the proceeds from the annual permit
94fees shall be deposited into the State Transportation Trust Fund
95and used for transportation purposes. Such annual permit fee
96shall not exceed $1,250.
97     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.