Florida Senate - 2013                                    SB 1632
       
       
       
       By Senator Latvala
       
       
       
       
       20-01515B-13                                          20131632__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending provisions
    3         of ch. 479 F.S., relating to outdoor advertising
    4         signs; amending s. 479.01, F.S.; revising and deleting
    5         definitions; amending s. 479.02, F.S.; revising powers
    6         of the Department of Transportation relating to
    7         nonconforming signs; deleting a requirement that the
    8         department adopt certain rules; creating s. 479.024,
    9         F.S.; limiting the placement of signs in commercial or
   10         industrial zones; defining the terms “parcel” and
   11         “utilities”; providing mandatory criteria for local
   12         governments to use in determining zoning for
   13         commercial or industrial parcels; providing that
   14         certain parcels are considered unzoned commercial or
   15         industrial areas; providing that specified uses may
   16         not be independently recognized as commercial or
   17         industrial areas; providing an appeal process for an
   18         applicant whose permit is denied; requiring an
   19         applicant whose application is denied to remove an
   20         existing sign pertaining to the application; requiring
   21         the department to reduce certain transportation
   22         funding in certain circumstances; amending s. 479.03,
   23         F.S.; providing for notice to owners of intervening
   24         privately owned lands before entering upon such lands
   25         to remove an illegal sign; amending s. 479.04, F.S.;
   26         providing that an outdoor advertising license is not
   27         required solely to erect outdoor signs or structures;
   28         amending s. 479.05, F.S.; authorizing the department
   29         to suspend a license for certain offenses and
   30         specifying activities that the licensee may engage in
   31         during the suspension; amending s. 479.07, F.S.;
   32         revising requirements for obtaining sign permits;
   33         conforming and clarifying provisions; increasing the
   34         allowable permit fee and requiring an application fee;
   35         revising sign placement requirements for signs on
   36         certain highways; deleting provisions that establish a
   37         pilot program relating to placement and removing a
   38         permit reinstatement fee; amending s. 479.08, F.S.;
   39         clarifying provisions relating to the denial or
   40         revocation of a permit because of false or misleading
   41         information in the permit application; amending s.
   42         479.10, F.S.; providing for cancellation of a permit;
   43         amending s. 479.105, F.S.; revising notice
   44         requirements to owners and advertisers relating to
   45         signs erected or maintained without a permit; revising
   46         procedures providing for the department to issue a
   47         permit as a conforming or nonconforming sign to the
   48         owner of an unpermitted sign; amending s. 479.106,
   49         F.S.; deleting limits on application fees for permits
   50         to remove vegetation on public rights-of-way;
   51         increasing an administrative penalty for illegally
   52         removing certain vegetation; amending s. 479.107,
   53         F.S.; deleting fines for certain signs on highway
   54         rights-of-way; amending s. 479.111, F.S.; clarifying
   55         provisions relating to signs allowed on certain
   56         highways; amending s. 479.15, F.S.; deleting a
   57         definition; clarifying and conforming provisions
   58         related to permitted signs on property that is the
   59         subject of public acquisition; amending s. 479.156,
   60         F.S.; clarifying provisions related to the regulation
   61         of wall murals; amending s. 479.16, F.S.; providing
   62         that certain provisions relating to the regulation of
   63         signs may not be implemented or continued if such
   64         actions will adversely affect the allocation of
   65         federal funds to the department; exempting from permit
   66         requirements certain signs placed by tourist-oriented
   67         businesses, certain farm signs during harvest season,
   68         acknowledgement signs on publicly funded school
   69         premises, certain displays on specific sports
   70         facilities, and certain signs at welcome centers;
   71         amending s. 479.24, F.S.; clarifying provisions
   72         relating to compensation paid for the department’s
   73         acquisition of lawful signs; amending s. 479.25, F.S.;
   74         requiring a local government to grant a variance or
   75         waiver to a local ordinance or regulation to allow the
   76         owner of a lawfully permitted sign to increase the
   77         height of the sign if a noise-attenuation barrier is
   78         permitted by or erected by a governmental entity in a
   79         way that interferes with the visibility of the sign;
   80         deleting provisions to conform; amending s. 479.261,
   81         F.S.; conforming provisions related to a logo sign
   82         program on limited access highways; amending s.
   83         479.313, F.S.; requiring a permittee to pay the cost
   84         of removing certain signs following the cancellation
   85         of the permit for the sign; providing an effective
   86         date.
   87  
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. Section 479.01, Florida Statutes, is amended to
   91  read:
   92         479.01 Definitions.—As used in this chapter, the term:
   93         (1) “Allowable uses” means those uses that are authorized
   94  within a zoning category without the requirement to obtain a
   95  variance or waiver. The term includes conditional uses and those
   96  allowed by special exception, but does not include uses that are
   97  accessory, incidental to the allowable uses, or allowed only on
   98  a temporary basis.
   99         (2) “Automatic changeable facing” means a facing that is
  100  capable of delivering two or more advertising messages through
  101  an automated or remotely controlled process.
  102         (3) “Business of outdoor advertising” means the business of
  103  constructing, erecting, operating, using, maintaining, leasing,
  104  or selling outdoor advertising structures, outdoor advertising
  105  signs, or outdoor advertisements.
  106         (4) “Commercial or industrial zone” means a parcel of land
  107  designated for commercial or industrial uses under both the
  108  future land use map of the comprehensive plan and the land use
  109  development regulations adopted pursuant to chapter 163. If a
  110  parcel is located in an area designated for multiple uses on the
  111  future land use map of a comprehensive plan and the zoning
  112  category of the land development regulations does not clearly
  113  designate that parcel for a specific use, the area will be
  114  considered an unzoned commercial or industrial area if it meets
  115  the criteria of subsection (26).
  116         (4)(5) “Commercial use” means activities associated with
  117  the sale, rental, or distribution of products or the performance
  118  of services. The term includes, without limitation, such uses or
  119  activities as retail sales; wholesale sales; rentals of
  120  equipment, goods, or products; offices; restaurants; food
  121  service vendors; sports arenas; theaters; and tourist
  122  attractions.
  123         (5)(6) “Controlled area” means 660 feet or less from the
  124  nearest edge of the right-of-way of any portion of the State
  125  Highway System, interstate, or federal-aid primary system and
  126  beyond 660 feet of the nearest edge of the right-of-way of any
  127  portion of the State Highway System, interstate, or federal-aid
  128  primary system outside an urban area.
  129         (6)(7) “Department” means the Department of Transportation.
  130         (7)(8) “Erect” means to construct, build, raise, assemble,
  131  place, affix, attach, create, paint, draw, or in any other way
  132  bring into being or establish; but it does not include any of
  133  the foregoing activities when performed as an incident to the
  134  change of advertising message or customary maintenance or repair
  135  of a sign.
  136         (8)(9) “Federal-aid primary highway system” means the
  137  federal-aid primary highway system in existence on June 1, 1991,
  138  and any highway that was not a part of such system as of that
  139  date, but that is, or became after June 1, 1991, a part of the
  140  National Highway System, including portions that have been
  141  accepted as part of the National Highway System but are unbuilt
  142  or unopened existing, unbuilt, or unopened system of highways or
  143  portions thereof, which shall include the National Highway
  144  System, designated as the federal-aid primary highway system by
  145  the department.
  146         (9)(10) “Highway” means any road, street, or other way open
  147  or intended to be opened to the public for travel by motor
  148  vehicles.
  149         (10)(11) “Industrial use” means activities associated with
  150  the manufacture, assembly, processing, or storage of products or
  151  the performance of services relating thereto. The term includes,
  152  without limitation, such uses or activities as automobile
  153  manufacturing or repair, boat manufacturing or repair, junk
  154  yards, meat packing facilities, citrus processing and packing
  155  facilities, produce processing and packing facilities,
  156  electrical generating plants, water treatment plants, sewage
  157  treatment plants, and solid waste disposal sites.
  158         (11)(12) “Interstate highway system” means the existing,
  159  unbuilt, or unopened system of highways or portions thereof
  160  designated as the national system of interstate and defense
  161  highways by the department.
  162         (12)(13) “Main-traveled way” means the traveled way of a
  163  highway on which through traffic is carried. In the case of a
  164  divided highway, the traveled way of each of the separate
  165  roadways for traffic in opposite directions is a main-traveled
  166  way. It does not include such facilities as frontage roads,
  167  turning roadways which specifically include on-ramps or off
  168  ramps to the interstate highway system, or parking areas.
  169         (13)(14) “Maintain” means to allow to exist.
  170         (14)(15) “Motorist services directional signs” means signs
  171  providing directional information about goods and services in
  172  the interest of the traveling public where such signs were
  173  lawfully erected and in existence on or before May 6, 1976, and
  174  continue to provide directional information to goods and
  175  services in a defined area.
  176         (16) “New highway” means the construction of any road,
  177  paved or unpaved, where no road previously existed or the act of
  178  paving any previously unpaved road.
  179         (15)(17) “Nonconforming sign” means a sign which was
  180  lawfully erected but which does not comply with the land use,
  181  setback, size, spacing, and lighting provisions of state or
  182  local law, rule, regulation, or ordinance passed at a later date
  183  or a sign which was lawfully erected but which later fails to
  184  comply with state or local law, rule, regulation, or ordinance
  185  due to changed conditions.
  186         (16)(18) “Premises” means all the land areas under
  187  ownership or lease arrangement to the sign owner which are
  188  contiguous to the business conducted on the land except for
  189  instances where such land is a narrow strip contiguous to the
  190  advertised activity or is connected by such narrow strip, the
  191  only viable use of such land is to erect or maintain an
  192  advertising sign. When the sign owner is a municipality or
  193  county, “premises” shall mean all lands owned or leased by such
  194  municipality or county within its jurisdictional boundaries as
  195  set forth by law.
  196         (17)(19) “Remove” means to disassemble all sign materials
  197  above ground level and, transport them from the site, and
  198  dispose of sign materials by sale or destruction.
  199         (18)(20) “Sign” means any combination of structure and
  200  message in the form of an outdoor sign, display, device, figure,
  201  painting, drawing, message, placard, poster, billboard,
  202  advertising structure, advertisement, logo, symbol, or other
  203  form, whether placed individually or on a V-type, back-to-back,
  204  side-to-side, stacked, or double-faced display or automatic
  205  changeable facing, designed, intended, or used to advertise or
  206  inform, any part of the advertising message or informative
  207  contents of which is visible from any place on the main-traveled
  208  way. The term does not include an official traffic control sign,
  209  official marker, or specific information panel erected, caused
  210  to be erected, or approved by the department.
  211         (19)(21) “Sign direction” means that direction from which
  212  the message or informative contents are most visible to oncoming
  213  traffic on the main-traveled way.
  214         (20)(22) “Sign face” means the part of the sign, including
  215  trim and background, which contains the message or informative
  216  contents, including an automatic changeable face.
  217         (21)(23) “Sign facing” includes all sign faces and
  218  automatic changeable faces displayed at the same location and
  219  facing the same direction.
  220         (22)(24) “Sign structure” means all the interrelated parts
  221  and material, such as beams, poles, and stringers, which are
  222  constructed for the purpose of supporting or displaying a
  223  message or informative contents.
  224         (23)(25) “State Highway System” has the same meaning as in
  225  s. 334.03 means the existing, unbuilt, or unopened system of
  226  highways or portions thereof designated as the State Highway
  227  System by the department.
  228         (26) “Unzoned commercial or industrial area” means a parcel
  229  of land designated by the future land use map of the
  230  comprehensive plan for multiple uses that include commercial or
  231  industrial uses but are not specifically designated for
  232  commercial or industrial uses under the land development
  233  regulations, in which three or more separate and distinct
  234  conforming industrial or commercial activities are located.
  235         (a) These activities must satisfy the following criteria:
  236         1. At least one of the commercial or industrial activities
  237  must be located on the same side of the highway and within 800
  238  feet of the sign location;
  239         2. The commercial or industrial activities must be within
  240  660 feet from the nearest edge of the right-of-way; and
  241         3. The commercial industrial activities must be within
  242  1,600 feet of each other.
  243  
  244  Distances specified in this paragraph must be measured from the
  245  nearest outer edge of the primary building or primary building
  246  complex when the individual units of the complex are connected
  247  by covered walkways.
  248         (b) Certain activities, including, but not limited to, the
  249  following, may not be so recognized as commercial or industrial
  250  activities:
  251         1. Signs.
  252         2. Agricultural, forestry, ranching, grazing, farming, and
  253  related activities, including, but not limited to, wayside fresh
  254  produce stands.
  255         3. Transient or temporary activities.
  256         4. Activities not visible from the main-traveled way.
  257         5. Activities conducted more than 660 feet from the nearest
  258  edge of the right-of-way.
  259         6. Activities conducted in a building principally used as a
  260  residence.
  261         7. Railroad tracks and minor sidings.
  262         8. Communication towers.
  263         (24)(27) “Urban area” has the same meaning as defined in s.
  264  334.03(31).
  265         (25)(28) “Visible commercial or industrial activity” means
  266  a commercial or industrial activity that is capable of being
  267  seen without visual aid by a person of normal visual acuity from
  268  the main-traveled way and that is generally recognizable as
  269  commercial or industrial.
  270         (26)(29) “Visible sign” means that the advertising message
  271  or informative contents of a sign, whether or not legible, is
  272  capable of being seen without visual aid by a person of normal
  273  visual acuity.
  274         (27)(30) “Wall mural” means a sign that is a painting or an
  275  artistic work composed of photographs or arrangements of color
  276  and that displays a commercial or noncommercial message, relies
  277  solely on the side of the building for rigid structural support,
  278  and is painted on the building or depicted on vinyl, fabric, or
  279  other similarly flexible material that is held in place flush or
  280  flat against the surface of the building. The term excludes a
  281  painting or work placed on a structure that is erected for the
  282  sole or primary purpose of signage.
  283         (28)(31) “Zoning category” means the designation under the
  284  land development regulations or other similar ordinance enacted
  285  to regulate the use of land as provided in s. 163.3202(2)(b),
  286  which designation sets forth the allowable uses, restrictions,
  287  and limitations on use applicable to properties within the
  288  category.
  289         Section 2. Section 479.02, Florida Statutes, is amended to
  290  read:
  291         479.02 Duties of the department.—It shall be the duty of
  292  The department shall to:
  293         (1) Administer and enforce the provisions of this chapter,
  294  and the 1972 agreement between the state and the United States
  295  Department of Transportation, relating to the size, lighting,
  296  and spacing of signs in accordance with Title I of the Highway
  297  Beautification Act of 1965 and Title 23, United States Code, and
  298  federal regulations, including, but not limited to, those
  299  pertaining to the maintenance, continuance, and removal of
  300  nonconforming signs in effect as of the effective date of this
  301  act.
  302         (2) Regulate size, height, lighting, and spacing of signs
  303  permitted on commercial and industrial parcels and in unzoned
  304  commercial or industrial areas in zoned and unzoned commercial
  305  areas and zoned and unzoned industrial areas on the interstate
  306  highway system and the federal-aid primary highway system.
  307         (3) Determine unzoned commercial and industrial parcels and
  308  unzoned commercial or areas and unzoned industrial areas in the
  309  manner provided in s. 479.024.
  310         (4) Implement a specific information panel program on the
  311  limited access interstate highway system to promote tourist
  312  oriented businesses by providing directional information safely
  313  and aesthetically.
  314         (5) Implement a rest area information panel or devices
  315  program at rest areas along the interstate highway system and
  316  the federal-aid primary highway system to promote tourist
  317  oriented businesses.
  318         (6) Test and, if economically feasible, implement
  319  alternative methods of providing information in the specific
  320  interest of the traveling public which allow the traveling
  321  public freedom of choice, conserve natural beauty, and present
  322  information safely and aesthetically.
  323         (7) Adopt such rules as it deems necessary or proper for
  324  the administration of this chapter, including rules that which
  325  identify activities that may not be recognized as industrial or
  326  commercial activities for purposes of determination of a an area
  327  as an unzoned commercial or industrial parcel or an unzoned
  328  commercial or industrial area in the manner provided in s.
  329  479.024.
  330         (8) Prior to July 1, 1998, Inventory and determine the
  331  location of all signs on the state, interstate and federal-aid
  332  primary highway systems to be used as. Upon completion of the
  333  inventory, it shall become the database and permit information
  334  for all permitted signs permitted at the time of completion, and
  335  the previous records of the department shall be amended
  336  accordingly. The inventory shall be updated no less than every 2
  337  years. The department shall adopt rules regarding what
  338  information is to be collected and preserved to implement the
  339  purposes of this chapter. The department may perform the
  340  inventory using department staff, or may contract with a private
  341  firm to perform the work, whichever is more cost efficient. The
  342  department shall maintain a database of sign inventory
  343  information such as sign location, size, height, and structure
  344  type, the permitholder’s name, and any other information the
  345  department finds necessary to administer the program.
  346         Section 3. Section 479.024, Florida Statutes, is created to
  347  read:
  348         479.024 Commercial and industrial parcels.—Signs shall only
  349  be permitted by the department in commercial or industrial
  350  zones, as determined by the local government, in compliance with
  351  chapter 163, unless otherwise provided in this chapter.
  352         (1) As used in this section, the term:
  353         (a) “Parcel” means the property where the sign is located
  354  or is proposed to be located.
  355         (b) “Utilities” includes all privately, publicly, or
  356  cooperatively owned lines, facilities, and systems for
  357  producing, transmitting, or distributing communications, power,
  358  electricity, light, heat, gas, oil, crude products, water,
  359  steam, waste, and stormwater not connected with the highway
  360  drainage, and other similar commodities.
  361         (2) The determination as to zoning by the local government
  362  for the parcel must meet the following criteria:
  363         (a) The parcel is comprehensively zoned and includes
  364  commercial or industrial uses as allowable uses.
  365         (b) The parcel can reasonably accommodate a commercial or
  366  industrial use under the future land use map of the
  367  comprehensive plan and land use development regulations, as
  368  follows:
  369         1. Sufficient utilities are available to support commercial
  370  or industrial development.
  371         2. The size, configuration, and public access of the parcel
  372  are sufficient to accommodate a commercial or industrial use,
  373  given requirements in the comprehensive plan and land
  374  development regulations for vehicular access, on-site
  375  circulation, building setbacks, buffering, parking, and other
  376  applicable standards or the parcel consists of railroad tracks
  377  or minor sidings abutting commercial or industrial property that
  378  meets the criteria of this subsection.
  379         (c) The parcel is not being used exclusively for
  380  noncommercial or nonindustrial uses.
  381         (3) If a local government has not designated zoning through
  382  land development regulations in compliance with chapter 163, but
  383  has designated the parcel under the future land use map of the
  384  comprehensive plan for uses that include commercial or
  385  industrial uses, the parcel shall be considered an unzoned
  386  commercial or industrial area. For a permit to be issued for a
  387  sign in an unzoned commercial or industrial area, there must be
  388  three or more distinct commercial or industrial activities
  389  within 1,600 feet of each other, with at least one of the
  390  commercial or industrial activities located on the same side of
  391  the highway as the sign location, and within 800 feet of the
  392  sign location. Multiple commercial or industrial activities
  393  enclosed in one building when all uses have only shared building
  394  entrances shall be considered one use.
  395         (4) For purposes of this section, certain uses and
  396  activities may not be independently recognized as commercial or
  397  industrial, including, but not limited to:
  398         (a)Signs.
  399         (b) Agricultural, forestry, ranching, grazing, farming, and
  400  related activities, including, but not limited to, wayside fresh
  401  produce stands.
  402         (c) Transient or temporary activities.
  403         (d) Activities not visible from the main-traveled way,
  404  unless a department transportation facility is the only cause
  405  for the activity not being visible.
  406         (e) Activities conducted more than 660 feet from the
  407  nearest edge of the right-of-way.
  408         (f) Activities conducted in a building principally used as
  409  a residence.
  410         (g) Railroad tracks and minor sidings, unless such use is
  411  immediately abutted by commercial or industrial property that
  412  meets the criteria in subsection (2).
  413         (h)Communication towers.
  414         (i) Governmental uses, unless those governmental uses would
  415  be industrial in nature if privately owned and operated. Such
  416  industrial uses must be the present and actual use, not merely
  417  be among the allowed uses.
  418         (5) If the local government has indicated that the proposed
  419  sign location is on a parcel that is in a commercial or
  420  industrial zone, but the department finds that it is not, the
  421  department shall notify the sign applicant in writing of its
  422  determination.
  423         (6) An applicant whose application for a permit is denied
  424  may, within 30 days after the receipt of the notification of
  425  intent to deny, request an administrative hearing pursuant to
  426  chapter 120 for a determination of whether the parcel is located
  427  in a commercial or industrial zone. Upon receipt of such
  428  request, the department shall notify the local government that
  429  the applicant has requested an administrative hearing pursuant
  430  to chapter 120.
  431         (7) If the department in a final order determines that the
  432  parcel does not meet the permitting conditions in this section
  433  and a sign structure exists on the parcel, the applicant shall
  434  remove the sign within 30 days after the date of the order and
  435  is responsible for all sign removal costs.
  436         (8) If the Federal Highway Administration reduces funds
  437  that would otherwise be apportioned to the department due to a
  438  local government’s failure to be compliant with this section,
  439  the department shall reduce apportioned transportation funding
  440  to the local government by an equivalent amount.
  441         Section 4. Section 479.03, Florida Statutes, is amended to
  442  read:
  443         479.03 Jurisdiction of the Department of Transportation;
  444  entry upon privately owned lands.—The territory under the
  445  jurisdiction of the department for the purpose of this chapter
  446  shall include all the state. Employees, agents, or independent
  447  contractors working for the department, in the performance of
  448  their functions and duties under the provisions of this chapter,
  449  may enter into and upon any land upon which a sign is displayed,
  450  is proposed to be erected, or is being erected and make such
  451  inspections, surveys, and removals as may be relevant. Upon
  452  written notice to After receiving consent by the landowner,
  453  operator, or person in charge of an intervening privately owned
  454  land that or appropriate inspection warrant issued by a judge of
  455  any county court or circuit court of this state which has
  456  jurisdiction of the place or thing to be removed, that the
  457  removal of an illegal outdoor advertising sign is necessary and
  458  has been authorized by a final order or results from an
  459  uncontested notice to the sign owner, the department may shall
  460  be authorized to enter upon any intervening privately owned
  461  lands for the purposes of effectuating removal of illegal signs,
  462  provided that the department shall only do so in circumstances
  463  where it has determined that no other legal or economically
  464  feasible means of entry to the sign site are reasonably
  465  available. Except as otherwise provided by this chapter, the
  466  department shall be responsible for the repair or replacement in
  467  a like manner for any physical damage or destruction of private
  468  property, other than the sign, incidental to the department’s
  469  entry upon such intervening privately owned lands.
  470         Section 5. Section 479.04, Florida Statutes, is amended to
  471  read:
  472         479.04 Business of outdoor advertising; license
  473  requirement; renewal; fees.—
  474         (1) A No person may not shall engage in the business of
  475  outdoor advertising in this state without first obtaining a
  476  license therefor from the department. Such license shall be
  477  renewed annually. The fee for such license, and for each annual
  478  renewal, is $300. License renewal fees shall be payable as
  479  provided for in s. 479.07.
  480         (2) A No person is not shall be required to obtain the
  481  license provided for in this section solely to erect or
  482  construct outdoor advertising signs or structures as an
  483  incidental part of a building construction contract.
  484         Section 6. Section 479.05, Florida Statutes, is amended to
  485  read:
  486         479.05 Denial, suspension, or revocation of license.—The
  487  department may has authority to deny, suspend, or revoke any
  488  license requested or granted under this chapter in any case in
  489  which it determines that the application for the license
  490  contains knowingly false or misleading information of material
  491  consequence, that the licensee has failed to pay fees or costs
  492  owed to the department for outdoor advertising purposes, or that
  493  the licensee has violated any of the provisions of this chapter,
  494  unless such licensee, within 30 days after the receipt of notice
  495  by the department, corrects such false or misleading
  496  information, pays the outstanding amounts, or complies with the
  497  provisions of this chapter. Suspension of a license allows the
  498  licensee to maintain existing sign permits, but the department
  499  may not grant a transfer of an existing permit or issue an
  500  additional permit to a licensee with a suspended license. Any
  501  person aggrieved by an any action of the department which
  502  denies, suspends, or revokes in denying or revoking a license
  503  under this chapter may, within 30 days after from the receipt of
  504  the notice, apply to the department for an administrative
  505  hearing pursuant to chapter 120.
  506         Section 7. Section 479.07, Florida Statutes, is amended to
  507  read:
  508         479.07 Sign permits.—
  509         (1) Except as provided in ss. 479.105(1) 479.105(1)(e) and
  510  479.16, a person may not erect, operate, use, or maintain, or
  511  cause to be erected, operated, used, or maintained, any sign on
  512  the State Highway System outside an urban area, as defined in s.
  513  334.03(31), or on any portion of the interstate or federal-aid
  514  primary highway system without first obtaining a permit for the
  515  sign from the department and paying the annual fee as provided
  516  in this section. As used in this section, the term “on any
  517  portion of the State Highway System, interstate, or federal-aid
  518  primary system” means a sign located within the controlled area
  519  which is visible from any portion of the main-traveled way of
  520  such system.
  521         (2) A person may not apply for a permit unless he or she
  522  has first obtained the Written permission of the owner or other
  523  person in lawful possession or control of the site designated as
  524  the location of the sign is required for issuance of a in the
  525  application for the permit.
  526         (3)(a) An application for a sign permit must be made on a
  527  form prescribed by the department, and a separate application
  528  must be submitted for each permit requested. A permit is
  529  required for each sign facing.
  530         (b) As part of the application, the applicant or his or her
  531  authorized representative must certify in a notarized signed
  532  statement that all information provided in the application is
  533  true and correct and that, pursuant to subsection (2), he or she
  534  has obtained the written permission of the owner or other person
  535  in lawful possession of the site designated as the location of
  536  the sign in the permit application. Every permit application
  537  must be accompanied by the appropriate permit fee,; a signed
  538  statement by the owner or other person in lawful control of the
  539  site on which the sign is located or will be erected,
  540  authorizing the placement of the sign on that site,; and, where
  541  local governmental regulation of signs exists, a statement from
  542  the appropriate local governmental official indicating that the
  543  sign complies with all local government governmental
  544  requirements and, if a local government permit is required for a
  545  sign, that the agency or unit of local government will issue a
  546  permit to that applicant upon approval of the state permit
  547  application by the department.
  548         (c) The annual permit fee for each sign facing shall be
  549  established by the department by rule in an amount sufficient to
  550  offset the total cost to the department for the program, but
  551  shall not exceed $200 $100. The A fee may not be prorated for a
  552  period less than the remainder of the permit year to accommodate
  553  short-term publicity features; however, a first-year fee may be
  554  prorated by payment of an amount equal to one-fourth of the
  555  annual fee for each remaining whole quarter or partial quarter
  556  of the permit year. Applications received after the end of the
  557  third quarter of the permit year must include fees for the last
  558  quarter of the current year and fees for the succeeding year. A
  559  nonrefundable application fee of $25 must accompany each permit
  560  application.
  561         (4) An application for a permit shall be acted on by
  562  granting, denying, or returning the incomplete application the
  563  department within 30 days after receipt of the application by
  564  the department.
  565         (5)(a) For each permit issued, the department shall furnish
  566  to the applicant a serially numbered permanent metal permit tag.
  567  The permittee is responsible for maintaining a valid permit tag
  568  on each permitted sign facing at all times. The tag shall be
  569  securely attached to the upper 50 percent of the sign structure
  570  sign facing or, if there is no facing, on the pole nearest the
  571  highway; and it shall be attached in such a manner as to be
  572  plainly visible from the main-traveled way. Effective July 1,
  573  2012, the tag must be securely attached to the upper 50 percent
  574  of the pole nearest the highway and must be attached in such a
  575  manner as to be plainly visible from the main-traveled way. The
  576  permit becomes void unless the permit tag must be is properly
  577  and permanently displayed at the permitted site within 30 days
  578  after the date of permit issuance. If the permittee fails to
  579  erect a completed sign on the permitted site within 270 days
  580  after the date on which the permit was issued, the permit will
  581  be void, and the department may not issue a new permit to that
  582  permittee for the same location for 270 days after the date on
  583  which the permit became void.
  584         (b) If a permit tag is lost, stolen, or destroyed, the
  585  permittee to whom the tag was issued must apply to the
  586  department for a replacement tag. The department shall adopt a
  587  rule establishing a service fee for replacement tags in an
  588  amount that will recover the actual cost of providing the
  589  replacement tag. Upon receipt of the application accompanied by
  590  the service fee, the department shall issue a replacement permit
  591  tag. Alternatively, the permittee may provide its own
  592  replacement tag pursuant to department specifications that the
  593  department shall adopt by rule at the time it establishes the
  594  service fee for replacement tags.
  595         (6) A permit is valid only for the location specified in
  596  the permit. Valid permits may be transferred from one sign owner
  597  to another upon written acknowledgment from the current
  598  permittee and submittal of a transfer fee of $5 for each permit
  599  to be transferred. However, the maximum transfer fee for any
  600  multiple transfer between two outdoor advertisers in a single
  601  transaction is $1,000 $100.
  602         (7) A permittee shall at all times maintain the permission
  603  of the owner or other person in lawful control of the sign site
  604  to have and maintain a sign at such site.
  605         (8)(a) In order to reduce peak workloads, the department
  606  may adopt rules providing for staggered expiration dates for
  607  licenses and permits. Unless otherwise provided for by rule, all
  608  licenses and permits expire annually on January 15. All license
  609  and permit renewal fees are required to be submitted to the
  610  department by no later than the expiration date. At least 105
  611  days before prior to the expiration date of licenses and
  612  permits, the department shall send to each permittee a notice of
  613  fees due for all licenses and permits that which were issued to
  614  him or her before prior to the date of the notice. Such notice
  615  shall list the permits and the permit fees due for each sign
  616  facing. The permittee shall, no later than 45 days before prior
  617  to the expiration date, advise the department of any additions,
  618  deletions, or errors contained in the notice. Permit tags which
  619  are not renewed shall be returned to the department for
  620  cancellation by the expiration date. Permits which are not
  621  renewed or are canceled shall be certified in writing at that
  622  time as canceled or not renewed by the permittee, and permit
  623  tags for such permits shall be returned to the department or
  624  shall be accounted for by the permittee in writing, which
  625  writing shall be submitted with the renewal fee payment or the
  626  cancellation certification. However, failure of a permittee to
  627  submit a permit cancellation does shall not affect the
  628  nonrenewal of a permit. Before Prior to cancellation of a
  629  permit, the permittee shall provide written notice to all
  630  persons or entities having a right to advertise on the sign that
  631  the permittee intends to cancel the permit.
  632         (b) If a permittee has not submitted his or her fee payment
  633  by the expiration date of the licenses or permits, the
  634  department shall send a notice of violation to the permittee
  635  within 45 days after the expiration date, requiring the payment
  636  of the permit fee within 30 days after the date of the notice
  637  and payment of a delinquency fee equal to 10 percent of the
  638  original amount due or, in the alternative to these payments,
  639  requiring the filing of a request for an administrative hearing
  640  to show cause why the his or her sign should not be subject to
  641  immediate removal due to expiration of his or her license or
  642  permit. If the permittee submits payment as required by the
  643  violation notice, the his or her license or permit will be
  644  automatically reinstated and such reinstatement will be
  645  retroactive to the original expiration date. If the permittee
  646  does not respond to the notice of violation within the 30-day
  647  period, the department shall, within 30 days, issue a final
  648  notice of sign removal and may, following 90 days after the date
  649  of the department’s final notice of sign removal, remove the
  650  sign without incurring any liability as a result of such
  651  removal. However, if at any time before removal of the sign, the
  652  permittee demonstrates that a good faith error on the part of
  653  the permittee resulted in cancellation or nonrenewal of the
  654  permit, the department may reinstate the permit if:
  655         1. The permit reinstatement fee of up to $300 based on the
  656  size of the sign is paid;
  657         2. All other permit renewal and delinquent permit fees due
  658  as of the reinstatement date are paid; and
  659         3. The permittee reimburses the department for all actual
  660  costs resulting from the permit cancellation or nonrenewal.
  661         (c) Conflicting applications filed by other persons for the
  662  same or competing sites covered by a permit subject to paragraph
  663  (b) may not be approved until after the sign subject to the
  664  expired permit has been removed.
  665         (d) The cost for removing a sign, whether by the department
  666  or an independent contractor, shall be assessed by the
  667  department against the permittee.
  668         (9)(a) A permit may shall not be granted for any sign for
  669  which a permit had not been granted by the effective date of
  670  this act unless such sign is located at least:
  671         1. One thousand five hundred feet from any other permitted
  672  sign on the same side of the highway, if on an interstate
  673  highway.
  674         2. One thousand feet from any other permitted sign on the
  675  same side of the highway, if on a federal-aid primary highway.
  676  
  677  The minimum spacing provided in this paragraph does not preclude
  678  the permitting of V-type, back-to-back, side-to-side, stacked,
  679  or double-faced signs at the permitted sign site. If a sign is
  680  visible to more than one highway subject to the jurisdiction of
  681  the department and within the controlled area of the highways
  682  from the controlled area of more than one highway subject to the
  683  jurisdiction of the department, the sign must shall meet the
  684  permitting requirements of all highways, and, if the sign meets
  685  the applicable permitting requirements, be permitted to, the
  686  highway having the more stringent permitting requirements.
  687         (b) A permit may shall not be granted for a sign pursuant
  688  to this chapter to locate such sign on any portion of the
  689  interstate or federal-aid primary highway system, which sign:
  690         1. Exceeds 50 feet in sign structure height above the crown
  691  of the main-traveled way to which the sign is permitted, if
  692  outside an incorporated area;
  693         2. Exceeds 65 feet in sign structure height above the crown
  694  of the main-traveled way to which the sign is permitted, if
  695  inside an incorporated area; or
  696         3. Exceeds 950 square feet of sign facing including all
  697  embellishments.
  698         (c) Notwithstanding subparagraph (a)1., there is
  699  established a pilot program in Orange, Hillsborough, and Osceola
  700  Counties, and within the boundaries of the City of Miami, under
  701  which the distance between permitted signs on the same side of
  702  an interstate highway may be reduced to 1,000 feet if all other
  703  requirements of this chapter are met and if:
  704         1. The local government has adopted a plan, program,
  705  resolution, ordinance, or other policy encouraging the voluntary
  706  removal of signs in a downtown, historic, redevelopment, infill,
  707  or other designated area which also provides for a new or
  708  replacement sign to be erected on an interstate highway within
  709  that jurisdiction if a sign in the designated area is removed;
  710         2. The sign owner and the local government mutually agree
  711  to the terms of the removal and replacement; and
  712         3. The local government notifies the department of its
  713  intention to allow such removal and replacement as agreed upon
  714  pursuant to subparagraph 2.
  715         4. The new or replacement sign to be erected on an
  716  interstate highway within that jurisdiction is to be located on
  717  a parcel of land specifically designated for commercial or
  718  industrial use under both the future land use map of the
  719  comprehensive plan and the land use development regulations
  720  adopted pursuant to chapter 163, and such parcel shall not be
  721  subject to an evaluation in accordance with the criteria set
  722  forth in s. 479.01(26) to determine if the parcel can be
  723  considered an unzoned commercial or industrial area.
  724  
  725  The department shall maintain statistics tracking the use of the
  726  provisions of this pilot program based on the notifications
  727  received by the department from local governments under this
  728  paragraph.
  729         (d) This subsection does not cause a sign that was
  730  conforming on October 1, 1984, to become nonconforming.
  731         (10) Commercial or industrial zoning that which is not
  732  comprehensively enacted or that which is enacted primarily to
  733  permit signs may shall not be recognized as commercial or
  734  industrial zoning for purposes of this provision, and permits
  735  may shall not be issued for signs in such areas. The department
  736  shall adopt rules within 180 days after this act takes effect
  737  that which shall provide criteria to determine whether such
  738  zoning is comprehensively enacted or enacted primarily to permit
  739  signs.
  740         Section 8. Section 479.08, Florida Statutes, is amended to
  741  read:
  742         479.08 Denial or revocation of permit.—The department may
  743  deny or revoke any permit requested or granted under this
  744  chapter in any case in which it determines that the application
  745  for the permit contains knowingly false or misleading
  746  information of material consequence. The department may revoke
  747  any permit granted under this chapter in any case in which the
  748  permittee has violated any of the provisions of this chapter,
  749  unless such permittee, within 30 days after the receipt of
  750  notice by the department, complies with the provisions of this
  751  chapter. For the purpose of this section, the notice of
  752  violation issued by the department must describe in detail the
  753  alleged violation. Any person aggrieved by any action of the
  754  department in denying or revoking a permit under this chapter
  755  may, within 30 days after receipt of the notice, apply to the
  756  department for an administrative hearing pursuant to chapter
  757  120. If a timely request for hearing has been filed and the
  758  department issues a final order revoking a permit, such
  759  revocation shall be effective 30 days after the date of
  760  rendition. Except for department action pursuant to s.
  761  479.107(1), the filing of a timely and proper notice of appeal
  762  shall operate to stay the revocation until the department’s
  763  action is upheld.
  764         Section 9. Section 479.10, Florida Statutes, is amended to
  765  read:
  766         479.10 Sign removal following permit revocation or
  767  cancellation.—A sign shall be removed by the permittee within 30
  768  days after the date of revocation or cancellation of the permit
  769  for the sign. If the permittee fails to remove the sign within
  770  the 30-day period, the department shall remove the sign at the
  771  permittee’s expense with or without further notice and without
  772  incurring any liability as a result of such removal.
  773         Section 10. Section 479.105, Florida Statutes, is amended
  774  to read:
  775         479.105 Signs erected or maintained without required
  776  permit; removal.—
  777         (1) Any sign which is located adjacent to the right-of-way
  778  of any highway on the State Highway System outside an
  779  incorporated area or adjacent to the right-of-way on any portion
  780  of the interstate or federal-aid primary highway system, which
  781  sign was erected, operated, or maintained without the permit
  782  required by s. 479.07(1) having been issued by the department,
  783  is declared to be a public nuisance and a private nuisance and
  784  shall be removed as provided in this section.
  785         (a) Upon a determination by the department that a sign is
  786  in violation of s. 479.07(1), the department shall prominently
  787  post on the sign, or as close to the sign as possible for those
  788  locations where the sign is not easily accessible, face a notice
  789  stating that the sign is illegal and must be removed within 30
  790  days after the date on which the notice was posted. However, if
  791  the sign bears the name of the licensee or the name and address
  792  of the nonlicensed sign owner, The department shall,
  793  concurrently with and in addition to posting the notice on the
  794  sign, provide a written notice to the owner of the sign, the
  795  advertiser displayed on the sign, or the owner of the property,
  796  stating that the sign is illegal and must be permanently removed
  797  within the 30-day period specified on the posted notice. The
  798  written notice shall further state that a hearing may be
  799  requested, the sign owner has a right to request a hearing,
  800  which request must be filed with the department within 30 days
  801  after receipt the date of the written notice. However, the
  802  filing of a request for a hearing will not stay the removal of
  803  the sign.
  804         (b) If, pursuant to the notice provided, the sign is not
  805  removed by the sign owner of the sign, the advertiser displayed
  806  on the sign, or the owner of the property within the prescribed
  807  period, the department shall immediately remove the sign without
  808  further notice; and, for that purpose, the employees, agents, or
  809  independent contractors of the department may enter upon private
  810  property without incurring any liability for so entering.
  811         (c) However, the department may issue a permit for a sign,
  812  as a conforming or nonconforming sign, if the sign owner
  813  demonstrates to the department one of the following:
  814         1. If the sign meets the current requirements of this
  815  chapter for a sign permit, the sign owner may submit the
  816  required application package and receive a permit as a
  817  conforming sign, upon payment of all applicable fees.
  818         2. If the sign does not meet the current requirements of
  819  this chapter for a sign permit, the sign owner may receive a
  820  permit as a nonconforming sign if the department determines that
  821  the sign is not located on state right-of-way and is not a
  822  safety hazard and if the sign owner pays a penalty fee of $300
  823  and all pertinent fees required by this chapter, including
  824  annual permit renewal fees payable since the date of the
  825  erection of the sign, and attaches to the permit application
  826  package documentation that demonstrates that:
  827         a. The sign has been unpermitted, structurally unchanged,
  828  and continuously maintained at the same location for a period of
  829  7 years or more;
  830         b. During the entire period in which the sign has been
  831  erected, a permit was required but was not obtained;
  832         c. During the initial 7 years in which the sign has been
  833  erected, the sign would have met the criteria established in
  834  this chapter at that time for issuance of a permit; and
  835         d. The department has not initiated a notice of violation
  836  or taken other action to remove the sign during the initial 7
  837  year period.
  838         (d) This subsection does not cause a neighboring sign that
  839  is permitted and that is within the spacing requirements in s.
  840  479.07(9)(a) to become nonconforming.
  841         (e)(c) For purposes of this subsection, a notice to the
  842  sign owner, when required, constitutes sufficient notice; and
  843  notice is not required to be provided to the lessee, advertiser,
  844  or the owner of the real property on which the sign is located.
  845         (f)(d) If, after a hearing, it is determined that a sign
  846  has been wrongfully or erroneously removed pursuant to this
  847  subsection, the department, at the sign owner’s discretion,
  848  shall either pay just compensation to the owner of the sign or
  849  reerect the sign in kind at the expense of the department.
  850         (e) However, if the sign owner demonstrates to the
  851  department that:
  852         1. The sign has been unpermitted, structurally unchanged,
  853  and continuously maintained at the same location for a period of
  854  7 years or more;
  855         2. At any time during the period in which the sign has been
  856  erected, the sign would have met the criteria established in
  857  this chapter for issuance of a permit;
  858         3. The department has not initiated a notice of violation
  859  or taken other action to remove the sign during the initial 7
  860  year period described in subparagraph 1.; and
  861         4. The department determines that the sign is not located
  862  on state right-of-way and is not a safety hazard,
  863  
  864  the sign may be considered a conforming or nonconforming sign
  865  and may be issued a permit by the department upon application in
  866  accordance with this chapter and payment of a penalty fee of
  867  $300 and all pertinent fees required by this chapter, including
  868  annual permit renewal fees payable since the date of the
  869  erection of the sign.
  870         (2)(a) If a sign is under construction and the department
  871  determines that a permit has not been issued for the sign as
  872  required under the provisions of this chapter, the department is
  873  authorized to require that all work on the sign cease until the
  874  sign owner shows that the sign does not violate the provisions
  875  of this chapter. The order to cease work shall be prominently
  876  posted on the sign structure, and no further notice is required
  877  to be given. The failure of a sign owner or her or his agents to
  878  immediately comply with the order shall subject the sign to
  879  prompt removal by the department.
  880         (b) For the purposes of this subsection only, a sign is
  881  under construction when it is in any phase of initial
  882  construction prior to the attachment and display of the
  883  advertising message in final position for viewing by the
  884  traveling public. A sign that is undergoing routine maintenance
  885  or change of the advertising message only is not considered to
  886  be under construction for the purposes of this subsection.
  887         (3) The cost of removing a sign, whether by the department
  888  or an independent contractor, shall be assessed against the
  889  owner of the sign by the department.
  890         Section 11. Subsections (4), (5), and (7) of section
  891  479.106, Florida Statutes, are amended to read:
  892         479.106 Vegetation management.—
  893         (4) The department may establish an application fee by rule
  894  not to exceed $25 for each individual application to defer the
  895  costs of processing such application and a fee not to exceed
  896  $200 to defer the costs of processing an application for
  897  multiple sites.
  898         (5) The department may only grant a permit pursuant to s.
  899  479.07 for a new sign which requires the removal, cutting, or
  900  trimming of existing trees or vegetation on public right-of-way
  901  for the sign face to be visible from the highway when the sign
  902  owner has removed at least two nonconforming signs of
  903  approximate comparable size and surrendered the permits for the
  904  nonconforming signs to the department for cancellation. For
  905  signs originally permitted after July 1, 1996, the first
  906  application, or application for a change of view zone, no permit
  907  for the removal, cutting, or trimming of trees or vegetation
  908  shall require, in addition to mitigation or contribution to a
  909  plan of mitigation, the removal of two nonconforming signs. No
  910  permits for the removal, cutting, or trimming of trees may be
  911  granted for signs permitted after July 1, 1996 be granted where
  912  such trees or vegetation are part of a beautification project
  913  implemented before prior to the date of the original sign permit
  914  application, when the beautification project is specifically
  915  identified in the department’s construction plans, permitted
  916  landscape projects, or agreements.
  917         (7) Any person engaging in removal, cutting, or trimming of
  918  trees or vegetation in violation of this section or benefiting
  919  from such actions shall be subject to an administrative penalty
  920  of up to $1,000 per sign facing and required to mitigate for the
  921  unauthorized removal, cutting, or trimming in such manner and in
  922  such amount as may be required under the rules of the
  923  department.
  924         Section 12. Subsection (5) of section 479.107, Florida
  925  Statutes, is amended to read:
  926         479.107 Signs on highway rights-of-way; removal.—
  927         (5) The cost of removing a sign, whether by the department
  928  or an independent contractor, shall be assessed by the
  929  department against the owner of the sign. Furthermore, the
  930  department shall assess a fine of $75 against the sign owner for
  931  any sign which violates the requirements of this section.
  932         Section 13. Section 479.111, Florida Statutes, is amended
  933  to read:
  934         479.111 Specified signs allowed within controlled portions
  935  of the interstate and federal-aid primary highway system.—Only
  936  the following signs shall be allowed within controlled portions
  937  of the interstate highway system and the federal-aid primary
  938  highway system as set forth in s. 479.11(1) and (2):
  939         (1) Directional or other official signs and notices which
  940  conform to 23 C.F.R. ss. 750.151-750.155.
  941         (2) Signs in commercial-zoned and industrial-zoned areas or
  942  commercial-unzoned and industrial-unzoned areas and within 660
  943  feet of the nearest edge of the right-of-way, subject to the
  944  requirements set forth in the 1972 agreement between the state
  945  and the United States Department of Transportation.
  946         (3) Signs for which permits are not required under s.
  947  479.16.
  948         Section 14. Section 479.15, Florida Statutes, is amended to
  949  read:
  950         479.15 Harmony of regulations.—
  951         (1) No zoning board or commission or other public officer
  952  or agency shall issue a permit to erect any sign which is
  953  prohibited under the provisions of this chapter or the rules of
  954  the department, nor shall the department issue a permit for any
  955  sign which is prohibited by any other public board, officer, or
  956  agency in the lawful exercise of its powers.
  957         (2) A municipality, county, local zoning authority, or
  958  other local governmental entity may not remove, or cause to be
  959  removed, any lawfully erected sign along any portion of the
  960  interstate or federal-aid primary highway system without first
  961  paying just compensation for such removal. A local governmental
  962  entity may not cause in any way the alteration of any lawfully
  963  erected sign located along any portion of the interstate or
  964  federal-aid primary highway system without payment of just
  965  compensation if such alteration constitutes a taking under state
  966  law. The municipality, county, local zoning authority, or other
  967  local government entity that adopts requirements for such
  968  alteration shall pay just compensation to the sign owner if such
  969  alteration constitutes a taking under state law. This subsection
  970  applies only to a lawfully erected sign the subject matter of
  971  which relates to premises other than the premises on which it is
  972  located or to merchandise, services, activities, or
  973  entertainment not sold, produced, manufactured, or furnished on
  974  the premises on which the sign is located. As used in this
  975  subsection, the term “federal-aid primary highway system” means
  976  the federal-aid primary highway system in existence on June 1,
  977  1991, and any highway that was not a part of such system as of
  978  that date but that is or becomes after June 1, 1991, a part of
  979  the National Highway System. This subsection shall not be
  980  interpreted as explicit or implicit legislative recognition that
  981  alterations do or do not constitute a taking under state law.
  982         (3) It is the express intent of the Legislature to limit
  983  the state right-of-way acquisition costs on state and federal
  984  roads in eminent domain proceedings, the provisions of ss.
  985  479.07 and 479.155 notwithstanding. Subject to approval by the
  986  Federal Highway Administration, whenever public acquisition of
  987  land upon which is situated a lawful permitted nonconforming
  988  sign occurs, as provided in this chapter, the sign may, at the
  989  election of its owner and the department, be relocated or
  990  reconstructed adjacent to the new right-of-way and in close
  991  proximity to the current site along the roadway within 100 feet
  992  of the current location, provided the nonconforming sign is not
  993  relocated in an area inconsistent with s. 479.024 on a parcel
  994  zoned residential, and provided further that such relocation
  995  shall be subject to applicable setback requirements in the 1972
  996  agreement between the state and the United States Department of
  997  Transportation. The sign owner shall pay all costs associated
  998  with relocating or reconstructing any sign under this
  999  subsection, and neither the state nor any local government shall
 1000  reimburse the sign owner for such costs, unless part of such
 1001  relocation costs are required by federal law. If no adjacent
 1002  property is available for the relocation, the department shall
 1003  be responsible for paying the owner of the sign just
 1004  compensation for its removal.
 1005         (4) For a nonconforming sign, Such relocation shall be
 1006  adjacent to the current site and the face of the sign may shall
 1007  not be increased in size or height or structurally modified at
 1008  the point of relocation in a manner inconsistent with the
 1009  current building codes of the jurisdiction in which the sign is
 1010  located.
 1011         (5) In the event that relocation can be accomplished but is
 1012  inconsistent with the ordinances of the municipality or county
 1013  within whose jurisdiction the sign is located, the ordinances of
 1014  the local government shall prevail, provided that the local
 1015  government shall assume the responsibility to provide the owner
 1016  of the sign just compensation for its removal, but in no event
 1017  shall compensation paid by the local government exceed the
 1018  compensation required under state or federal law. Further, the
 1019  provisions of this section shall not impair any agreement or
 1020  future agreements between a municipality or county and the owner
 1021  of a sign or signs within the jurisdiction of the municipality
 1022  or county. Nothing in this section shall be deemed to cause a
 1023  nonconforming sign to become conforming solely as a result of
 1024  the relocation allowed in this section.
 1025         (6) This section does not cause a neighboring sign that is
 1026  already permitted and that is within the spacing requirements
 1027  outlined in s. 479.07(9)(a) to become nonconforming The
 1028  provisions of subsections (3), (4), and (5) of this section
 1029  shall not apply within the jurisdiction of any municipality
 1030  which is engaged in any litigation concerning its sign ordinance
 1031  on April 23, 1999, nor shall such provisions apply to any
 1032  municipality whose boundaries are identical to the county within
 1033  which said municipality is located.
 1034         Section 15. Section 479.156, Florida Statutes, is amended
 1035  to read:
 1036         479.156 Wall murals.—Notwithstanding any other provision of
 1037  this chapter, a municipality or county may permit and regulate
 1038  wall murals within areas designated by such government. If a
 1039  municipality or county permits wall murals, a wall mural that
 1040  displays a commercial message and is within 660 feet of the
 1041  nearest edge of the right-of-way within an area adjacent to the
 1042  interstate highway system or the federal-aid primary highway
 1043  system shall be located in an area that is zoned for industrial
 1044  or commercial use and the municipality or county shall establish
 1045  and enforce regulations for such areas that, at a minimum, set
 1046  forth criteria governing the size, lighting, and spacing of wall
 1047  murals consistent with the intent of 23 U.S.C. s. 131 the
 1048  Highway Beautification Act of 1965 and with customary use.
 1049  Whenever a municipality or county exercises such control and
 1050  makes a determination of customary use pursuant to 23 U.S.C. s.
 1051  131(d), such determination shall be accepted in lieu of controls
 1052  in the agreement between the state and the United States
 1053  Department of Transportation, and the department shall notify
 1054  the Federal Highway Administration pursuant to the agreement, 23
 1055  U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that
 1056  is subject to municipal or county regulation and 23 U.S.C. s.
 1057  131 the Highway Beautification Act of 1965 must be approved by
 1058  the Department of Transportation and the Federal Highway
 1059  Administration when required by federal law and federal
 1060  regulation under the agreement between the state and the United
 1061  States Department of Transportation and federal regulations
 1062  enforced by the Department of Transportation under s. 479.02(1).
 1063  The existence of a wall mural as defined in s. 479.01(27)
 1064  479.01(30) shall not be considered in determining whether a sign
 1065  as defined in s. 479.01(18) 479.01(20), either existing or new,
 1066  is in compliance with s. 479.07(9)(a).
 1067         Section 16. Section 479.16, Florida Statutes, is amended to
 1068  read:
 1069         479.16 Signs for which permits are not required.—The
 1070  following signs are exempt from the requirement that a permit
 1071  for a sign be obtained under the provisions of this chapter but
 1072  are required to comply with the provisions of s. 479.11(4)-(8),
 1073  and the provisions of subsections (15)-(20) may not be
 1074  implemented or continued if the Federal Government notifies the
 1075  department that implementation or continuation will adversely
 1076  affect the allocation of federal funds to the department:
 1077         (1) Signs erected on the premises of an establishment,
 1078  which signs consist primarily of the name of the establishment
 1079  or which identify the principal or accessory merchandise,
 1080  services, activities, or entertainment sold, produced,
 1081  manufactured, or furnished on the premises of the establishment
 1082  and which comply with the lighting restrictions under department
 1083  rule adopted pursuant to s. 479.11(5), or signs owned by a
 1084  municipality or a county located on the premises of such
 1085  municipality or such county which display information regarding
 1086  government services, activities, events, or entertainment. For
 1087  purposes of this section, the following types of messages shall
 1088  not be considered information regarding government services,
 1089  activities, events, or entertainment:
 1090         (a) Messages which specifically reference any commercial
 1091  enterprise.
 1092         (b) Messages which reference a commercial sponsor of any
 1093  event.
 1094         (c) Personal messages.
 1095         (d) Political campaign messages.
 1096  
 1097  If a sign located on the premises of an establishment consists
 1098  principally of brand name or trade name advertising and the
 1099  merchandise or service is only incidental to the principal
 1100  activity, or if the owner of the establishment receives rental
 1101  income from the sign, then the sign is not exempt under this
 1102  subsection.
 1103         (2) Signs erected, used, or maintained on a farm by the
 1104  owner or lessee of such farm and relating solely to farm
 1105  produce, merchandise, service, or entertainment sold, produced,
 1106  manufactured, or furnished on such farm.
 1107         (3) Signs posted or displayed on real property by the owner
 1108  or by the authority of the owner, stating that the real property
 1109  is for sale or rent. However, if the sign contains any message
 1110  not pertaining to the sale or rental of that real property, then
 1111  it is not exempt under this section.
 1112         (4) Official notices or advertisements posted or displayed
 1113  on private property by or under the direction of any public or
 1114  court officer in the performance of her or his official or
 1115  directed duties, or by trustees under deeds of trust or deeds of
 1116  assignment or other similar instruments.
 1117         (5) Danger or precautionary signs relating to the premises
 1118  on which they are located; forest fire warning signs erected
 1119  under the authority of the Florida Forest Service of the
 1120  Department of Agriculture and Consumer Services; and signs,
 1121  notices, or symbols erected by the United States Government
 1122  under the direction of the United States Forestry Service.
 1123         (6) Notices of any railroad, bridge, ferry, or other
 1124  transportation or transmission company necessary for the
 1125  direction or safety of the public.
 1126         (7) Signs, notices, or symbols for the information of
 1127  aviators as to location, directions, and landings and conditions
 1128  affecting safety in aviation erected or authorized by the
 1129  department.
 1130         (8) Signs or notices erected or maintained upon property
 1131  stating only the name of the owner, lessee, or occupant of the
 1132  premises and not exceeding 16 8 square feet in area.
 1133         (9) Historical markers erected by duly constituted and
 1134  authorized public authorities.
 1135         (10) Official traffic control signs and markers erected,
 1136  caused to be erected, or approved by the department.
 1137         (11) Signs erected upon property warning the public against
 1138  hunting and fishing or trespassing thereon.
 1139         (12) Signs not in excess of 16 8 square feet that are owned
 1140  by and relate to the facilities and activities of churches,
 1141  civic organizations, fraternal organizations, charitable
 1142  organizations, or units or agencies of government.
 1143         (13) Except that Signs placed on benches, transit shelters,
 1144  modular news racks, street light poles, public pay telephones,
 1145  and waste receptacles, within the right-of-way, as provided for
 1146  in s. 337.408 are exempt from all provisions of this chapter.
 1147         (14) Signs relating exclusively to political campaigns.
 1148         (15) Signs not in excess of 16 square feet placed at a road
 1149  junction with the State Highway System denoting only the
 1150  distance or direction of a residence or farm operation, or,
 1151  outside an incorporated in a rural area where a hardship is
 1152  created because a small business is not visible from the road
 1153  junction with the State Highway System, one sign not in excess
 1154  of 16 square feet, denoting only the name of the business and
 1155  the distance and direction to the business. The small-business
 1156  sign provision of this subsection does not apply to charter
 1157  counties and may not be implemented if the Federal Government
 1158  notifies the department that implementation will adversely
 1159  affect the allocation of federal funds to the department.
 1160         (16)Signs placed by a local tourist-oriented business
 1161  located within a rural area of critical economic concern, as
 1162  defined by s. 288.0656(2)(d)and(e), and are:
 1163         (a)Not more than 8 square feet in size or more than 4 feet
 1164  in height;
 1165         (b)Located only in rural areas, along non-limited access
 1166  highways;
 1167         (c)Located within 2 miles of the business location and are
 1168  not less than 500 feet apart;
 1169         (d)Located only in two directions leading to the business;
 1170  and
 1171         (e)Not located within the road right-of-way.
 1172  
 1173  A business placing such signs must be at least 4 miles from any
 1174  other business using this exemption and may not participate in
 1175  any other department directional signage program.
 1176         (17)Signs not in excess of 32 square feet placed
 1177  temporarily during harvest season of a farm operation for a
 1178  period of no more than 4 months at a road junction with the
 1179  State Highway System denoting only the distance or direction of
 1180  the farm operation.
 1181         (18)Acknowledgement signs erected upon publicly funded
 1182  school premises relating to a specific public school club, team,
 1183  or event placed no closer than 1,000 feet from another
 1184  acknowledgment sign on the same side of the roadway. All sponsor
 1185  information on an acknowledgement sign may constitute no more
 1186  than 100 square feet of the sign. As used in this subsection,
 1187  the term “acknowledgement signs” means signs that are intended
 1188  to inform the traveling public that a public school club, team,
 1189  or event has been sponsored by a person, firm, or other entity.
 1190         (19)Displays erected upon a sports facility which display
 1191  content directly related to the facility’s activities and where
 1192  a presence of the products or services offered on the property
 1193  exists. Displays are to be mounted flush or flat to the surface
 1194  of the sports facility and rely upon the building facade for
 1195  structural support. For purposes of this subsection, the term
 1196  “sports facility”, means any athletic complex, athletic arena,
 1197  or athletic stadium, including physically connected parking
 1198  facilities, which is open to the public and has a permanent
 1199  installed seating capacity of 15,000 or more.
 1200         (20) Signs related to Florida tourism, allowed by the
 1201  department at welcome centers operated pursuant to s. 288.12265.
 1202         Section 17. Section 479.24, Florida Statutes, is amended to
 1203  read:
 1204         479.24 Compensation for removal of signs; eminent domain;
 1205  exceptions.—
 1206         (1) Just compensation shall be paid by the department upon
 1207  the department’s acquisition removal of a lawful conforming or
 1208  nonconforming sign along any portion of the interstate or
 1209  federal-aid primary highway system. This section does not apply
 1210  to a sign which is illegal at the time of its removal. A sign
 1211  will lose its nonconforming status and become illegal at such
 1212  time as it fails to be permitted or maintained in accordance
 1213  with all applicable laws, rules, ordinances, or regulations
 1214  other than the provision which makes it nonconforming. A legal
 1215  nonconforming sign under state law or rule will not lose its
 1216  nonconforming status solely because it additionally becomes
 1217  nonconforming under an ordinance or regulation of a local
 1218  governmental entity passed at a later date. The department shall
 1219  make every reasonable effort to negotiate the purchase of the
 1220  signs to avoid litigation and congestion in the courts.
 1221         (2) The department is not required to remove any sign under
 1222  this section if the federal share of the just compensation to be
 1223  paid upon removal of the sign is not available to make such
 1224  payment, unless an appropriation by the Legislature for such
 1225  purpose is made to the department.
 1226         (3)(a) The department is authorized to use the power of
 1227  eminent domain when necessary to carry out the provisions of
 1228  this chapter.
 1229         (b) If eminent domain procedures are instituted, just
 1230  compensation shall be made pursuant to the state’s eminent
 1231  domain procedures, chapters 73 and 74.
 1232         Section 18. Section 479.25, Florida Statutes, is amended to
 1233  read:
 1234         479.25 Erection of noise-attenuation barrier blocking view
 1235  of sign; procedures; application.—
 1236         (1) The owner of a lawfully erected sign that is governed
 1237  by and conforms to state and federal requirements for land use,
 1238  size, height, and spacing may increase the height above ground
 1239  level of such sign at its permitted location if a noise
 1240  attenuation barrier is permitted by or erected by any
 1241  governmental entity in such a way as to screen or block
 1242  visibility of the sign. Any increase in height permitted under
 1243  this section may only be the increase in height which is
 1244  required to achieve the same degree of visibility from the
 1245  right-of-way which the sign had prior to the construction of the
 1246  noise-attenuation barrier, notwithstanding the restrictions
 1247  contained in s. 479.07(9)(b). A sign reconstructed under this
 1248  section shall comply with the building standards and wind load
 1249  requirements set forth in the Florida Building Code. If
 1250  construction of a proposed noise-attenuation barrier will screen
 1251  a sign lawfully permitted under this chapter, the department
 1252  shall provide notice to the local government or local
 1253  jurisdiction within which the sign is located prior to
 1254  construction erection of the noise-attenuation barrier. Upon a
 1255  determination that an increase in the height of a sign as
 1256  permitted under this section will violate a provision contained
 1257  in an ordinance or land development regulation of the local
 1258  government or local jurisdiction, prior to construction, the
 1259  local government or local jurisdiction shall so notify the
 1260  department. When notice has been received from the local
 1261  government or local jurisdiction prior to erection of the noise
 1262  attenuation barrier, the department shall:
 1263         (a) Provide a variance or waiver to the local ordinance or
 1264  land development regulations to Conduct a written survey of all
 1265  property owners identified as impacted by highway noise and who
 1266  may benefit from the proposed noise-attenuation barrier. The
 1267  written survey shall inform the property owners of the location,
 1268  date, and time of the public hearing described in paragraph (b)
 1269  and shall specifically advise the impacted property owners that:
 1270         1. Erection of the noise-attenuation barrier may block the
 1271  visibility of an existing outdoor advertising sign;
 1272         2. The local government or local jurisdiction may restrict
 1273  or prohibit increasing the height of the existing outdoor
 1274  advertising sign to make it visible over the barrier; and
 1275         3. If a majority of the impacted property owners vote for
 1276  construction of the noise-attenuation barrier, the local
 1277  government or local jurisdiction will be required to:
 1278         a. allow an increase in the height of the sign in violation
 1279  of a local ordinance or land development regulation;
 1280         (b)b. Allow the sign to be relocated or reconstructed at
 1281  another location if the sign owner agrees; or
 1282         (c)c. Pay the fair market value of the sign and its
 1283  associated interest in the real property.
 1284         (2)(b)The department shall hold Hold a public hearing
 1285  within the boundaries of the affected local governments or local
 1286  jurisdictions to receive input on the proposed noise-attenuation
 1287  barrier and its conflict with the local ordinance or land
 1288  development regulation and to suggest or consider alternatives
 1289  or modifications to the proposed noise-attenuation barrier to
 1290  alleviate or minimize the conflict with the local ordinance or
 1291  land development regulation or minimize any costs that may be
 1292  associated with relocating, reconstructing, or paying for the
 1293  affected sign. The public hearing may be held concurrently with
 1294  other public hearings scheduled for the project. The department
 1295  shall provide a written notification to the local government or
 1296  local jurisdiction of the date and time of the public hearing
 1297  and shall provide general notice of the public hearing in
 1298  accordance with the notice provisions of s. 335.02(1). The
 1299  notice shall not be placed in that portion of a newspaper in
 1300  which legal notices or classified advertisements appear. The
 1301  notice shall specifically state that:
 1302         (a)1. Erection of the proposed noise-attenuation barrier
 1303  may block the visibility of an existing outdoor advertising
 1304  sign;
 1305         (b)2. The local government or local jurisdiction may
 1306  restrict or prohibit increasing the height of the existing
 1307  outdoor advertising sign to make it visible over the barrier;
 1308  and
 1309         (c)3.Upon If a majority of the impacted property owners
 1310  vote for construction of the noise-attenuation barrier, the
 1311  local government or local jurisdiction shall will be required
 1312  to:
 1313         1.a. Allow an increase in the height of the sign through a
 1314  waiver or variance to in violation of a local ordinance or land
 1315  development regulation;
 1316         2.b. Allow the sign to be relocated or reconstructed at
 1317  another location if the sign owner agrees; or
 1318         3.c. Pay the fair market value of the sign and its
 1319  associated interest in the real property.
 1320         (3)(2) The department may shall not permit erection of the
 1321  noise-attenuation barrier to the extent the barrier screens or
 1322  blocks visibility of the sign until after the public hearing is
 1323  held and until such time as the survey has been conducted and a
 1324  majority of the impacted property owners have indicated approval
 1325  to erect the noise-attenuation barrier. When the impacted
 1326  property owners approve of the noise-attenuation barrier
 1327  construction, the department shall notify the local governments
 1328  or local jurisdictions. The local government or local
 1329  jurisdiction shall, notwithstanding the provisions of a
 1330  conflicting ordinance or land development regulation:
 1331         (a) Issue a permit by variance or otherwise for the
 1332  reconstruction of a sign under this section;
 1333         (b) Allow the relocation of a sign, or construction of
 1334  another sign, at an alternative location that is permittable
 1335  under the provisions of this chapter, if the sign owner agrees
 1336  to relocate the sign or construct another sign; or
 1337         (c) Refuse to issue the required permits for reconstruction
 1338  of a sign under this section and pay fair market value of the
 1339  sign and its associated interest in the real property to the
 1340  owner of the sign.
 1341         (4)(3) This section does shall not apply to the provisions
 1342  of any existing written agreement executed before July 1, 2006,
 1343  between any local government and the owner of an outdoor
 1344  advertising sign.
 1345         Section 19. Subsection (1) of section 479.261, Florida
 1346  Statutes, is amended to read:
 1347         479.261 Logo sign program.—
 1348         (1) The department shall establish a logo sign program for
 1349  the rights-of-way of the limited access interstate highway
 1350  system to provide information to motorists about available gas,
 1351  food, lodging, camping, attractions, and other services, as
 1352  approved by the Federal Highway Administration, at interchanges
 1353  through the use of business logos and may include additional
 1354  interchanges under the program.
 1355         (a) As used in this chapter, the term “attraction” means an
 1356  establishment, site, facility, or landmark that is open a
 1357  minimum of 5 days a week for 52 weeks a year; that has as its
 1358  principal focus family-oriented entertainment, cultural,
 1359  educational, recreational, scientific, or historical activities;
 1360  and that is publicly recognized as a bona fide tourist
 1361  attraction.
 1362         (b) The department shall incorporate the use of RV-friendly
 1363  markers on specific information logo signs for establishments
 1364  that cater to the needs of persons driving recreational
 1365  vehicles. Establishments that qualify for participation in the
 1366  specific information logo program and that also qualify as “RV
 1367  friendly” may request the RV-friendly marker on their specific
 1368  information logo sign. An RV-friendly marker must consist of a
 1369  design approved by the Federal Highway Administration. The
 1370  department shall adopt rules in accordance with chapter 120 to
 1371  administer this paragraph, including rules setting forth the
 1372  minimum requirements that establishments must meet in order to
 1373  qualify as RV-friendly. These requirements shall include large
 1374  parking spaces, entrances, and exits that can easily accommodate
 1375  recreational vehicles and facilities having appropriate overhead
 1376  clearances, if applicable.
 1377         Section 20. Section 479.313, Florida Statutes, is amended
 1378  to read:
 1379         479.313 Permit revocation and cancellation; cost of
 1380  removal.—All costs incurred by the department in connection with
 1381  the removal of a sign located within a controlled area adjacent
 1382  to the State Highway System, interstate highway system, or
 1383  federal-aid primary highway system following the revocation or
 1384  cancellation of the permit for such sign shall be assessed
 1385  against and collected from the permittee.
 1386         Section 21. This act shall take effect July 1, 2013.