Florida Senate - 2014 CS for SB 1048
By the Committee on Transportation; and Senator Latvala
596-02948-14 20141048c1
1 A bill to be entitled
2 An act relating to the Department of Transportation;
3 creating s. 339.041, F.S.; providing legislative
4 findings and intent; authorizing the department to
5 seek certain investors for certain leases; prohibiting
6 the department from pledging the credit, general
7 revenues, or taxing power of the state or any
8 political subdivision of the state; specifying the
9 collection and deposit of lease payments by agreement
10 with the department; amending s. 373.618, F.S.;
11 providing that a public information system is subject
12 to the requirements of the Highway Beautification Act
13 of 1965 and all federal laws and agreements when
14 applicable; deleting an exemption; amending s. 479.01,
15 F.S., relating to outdoor advertising signs; revising
16 and deleting definitions; amending s. 479.02, F.S.;
17 revising duties of the Department of Transportation
18 relating to signs; deleting a requirement that the
19 department adopt certain rules; creating s. 479.024,
20 F.S.; limiting the placement of signs to commercial or
21 industrial zones; defining the terms “parcel” and
22 “utilities”; requiring a local government to use
23 specified criteria to determine zoning for commercial
24 or industrial parcels; providing that certain parcels
25 are considered unzoned commercial or industrial areas;
26 authorizing a permit for a sign in an unzoned
27 commercial or industrial area in certain
28 circumstances; prohibiting specified uses and
29 activities from being independently recognized as
30 commercial or industrial; providing an appeal process
31 for an applicant whose permit is denied; requiring an
32 applicant whose application is denied to remove an
33 existing sign pertaining to the application; requiring
34 the department to reduce certain transportation
35 funding in certain circumstances; amending s. 479.03,
36 F.S.; requiring notice to owners of intervening
37 privately owned lands before the department enters
38 upon such lands to remove an illegal sign; amending s.
39 479.04, F.S.; providing that an outdoor advertising
40 license is not required solely to erect or construct
41 outdoor signs or structures; amending s. 479.05, F.S.;
42 authorizing the department to suspend a license for
43 certain offenses and specifying activities that the
44 licensee may engage in during the suspension;
45 prohibiting the department from granting a transfer of
46 an existing permit or issuing an additional permit
47 during the suspension; amending s. 479.07, F.S.;
48 revising requirements for obtaining sign permits;
49 conforming and clarifying provisions; revising permit
50 tag placement requirements for signs; deleting a
51 provision that allows a permittee to provide its own
52 replacement tag; increasing the permit transfer fee
53 for any multiple transfers between two outdoor
54 advertisers in a single transaction; revising the
55 permit reinstatement fee; revising requirements for
56 permitting certain signs visible to more than one
57 highway; deleting provisions limiting a pilot program
58 to specified locations; deleting redundant provisions
59 relating to certain new or replacement signs; deleting
60 provisions requiring maintenance of statistics on the
61 pilot program; amending s. 479.08, F.S.; revising
62 provisions relating to the denial or revocation of a
63 permit because of false or misleading information in
64 the permit application; amending s. 479.10, F.S.;
65 authorizing the cancellation of a permit; amending s.
66 479.105, F.S.; revising notice requirements to owners
67 and advertisers relating to signs erected or
68 maintained without a permit; revising procedures for
69 the department to issue a permit as a conforming or
70 nonconforming sign to the owner of an unpermitted
71 sign; providing a penalty; amending s. 479.106, F.S.;
72 revising provisions relating to the removal, cutting,
73 or trimming of trees or vegetation to increase sign
74 face visibility; providing that a specified penalty is
75 applied per sign facing; amending s. 479.107, F.S.;
76 deleting a fine for specified violations; amending s.
77 479.11, F.S.; prohibiting signs on specified portions
78 of the interstate highway system; amending s. 479.111,
79 F.S.; clarifying a reference to a certain agreement;
80 amending s. 479.15, F.S.; deleting a definition;
81 revising provisions relating to relocation of certain
82 signs on property subject to public acquisition;
83 amending s. 479.156, F.S.; clarifying provisions
84 relating to the regulation of wall murals; amending s.
85 479.16, F.S.; exempting certain signs from ch. 479,
86 F.S.; exempting from permitting certain signs placed
87 by tourist-oriented businesses, certain farm signs
88 placed during harvest seasons, certain acknowledgment
89 signs on publicly funded school premises, and certain
90 displays on specific sports facilities; prohibiting
91 certain permit exemptions from being implemented or
92 continued if the implementations or continuations will
93 adversely impact the allocation of federal funds to
94 the Department of Transportation; directing the
95 department to notify a sign owner that the sign must
96 be removed if federal funds are adversely impacted;
97 authorizing the department to remove the sign and
98 assess costs to the sign owner under certain
99 circumstances; amending s. 479.24, F.S.; clarifying
100 provisions relating to compensation paid for the
101 department’s acquisition of lawful signs; amending s.
102 479.25, F.S.; revising provisions relating to local
103 government action with respect to erection of noise
104 attenuation barriers that block views of lawfully
105 erected signs; deleting provisions to conform to
106 changes made by the act; amending s. 479.261, F.S.;
107 expanding the logo program to the limited access
108 highway system; conforming provisions related to a
109 logo sign program on the limited access highway
110 system; amending s. 479.262, F.S.; clarifying
111 provisions relating to the tourist-oriented
112 directional sign program; limiting the placement of
113 such signs to intersections on certain rural roads;
114 prohibiting such signs in urban areas or at
115 interchanges on freeways or expressways; amending s.
116 479.313, F.S.; requiring a permittee to pay the cost
117 of removing certain signs following the cancellation
118 of the permit for the sign; repealing s. 76 of chapter
119 2012-174, Laws of Florida, relating to authorizing the
120 department to seek Federal Highway Administration
121 approval of a tourist-oriented commerce sign pilot
122 program and directing the department to submit the
123 approved pilot program for legislative approval;
124 providing an effective date.
125
126 Be It Enacted by the Legislature of the State of Florida:
127
128 Section 1. Section 339.041, Florida Statutes, is created to
129 read:
130 339.041 Factoring of revenues from leases for wireless
131 communication facilities.—
132 (1) The Legislature finds that efforts to increase funding
133 for capital expenditures for the transportation system are
134 necessary for the protection of the public safety and general
135 welfare and for the preservation of transportation facilities in
136 this state. Therefore, it is the intent of the Legislature to:
137 (a) Create a mechanism for factoring future revenues
138 received by the department from leases for wireless
139 communication facilities on department property on a nonrecourse
140 basis;
141 (b) Fund fixed capital expenditures for the statewide
142 transportation system from proceeds generated through this
143 mechanism; and
144 (c) Maximize revenues from factoring by ensuring that such
145 revenues are exempt from income taxation under federal law in
146 order to increase funds available for capital expenditures.
147 (2) For the purposes of factoring future revenues under
148 this section, department property includes real property located
149 within the department’s limited access rights-of-way, real
150 property located outside the current operating right-of-way
151 limits which is not needed to support current transportation
152 facilities, other property owned by the Board of Trustees of the
153 Internal Improvement Trust Fund and leased by the department,
154 space on department telecommunications facilities, and space on
155 department structures.
156 (3) The department may seek investors willing to enter into
157 agreements to purchase the revenue stream from one or more
158 existing department leases for wireless communication facilities
159 on property owned or controlled by the department. Such
160 agreements are exempt from chapter 287 and, in order to provide
161 the largest possible payout, shall be structured as tax-exempt
162 financings for federal income tax purposes.
163 (4) The department may not pledge the credit, the general
164 revenues, or the taxing power of the state or of any political
165 subdivision of the state. The obligations of the department and
166 investors under the agreement do not constitute a general
167 obligation of the state or a pledge of the full faith and credit
168 or taxing power of the state. The agreement is payable from and
169 secured solely by payments received from department leases for
170 wireless communication facilities on property owned or
171 controlled by the department, and neither the state nor any of
172 its agencies has any liability beyond such payments.
173 (5) The department may make any covenant or representation
174 necessary or desirable in connection with the agreement,
175 including a commitment by the department to take whatever
176 actions are necessary on behalf of investors to enforce the
177 department’s rights to payments on property leased for wireless
178 communications facilities. However, the department may not
179 guarantee that actual revenues received in a future year will be
180 those anticipated in its leases for wireless communication
181 facilities. The department may agree to use its best efforts to
182 ensure that anticipated future-year revenues are protected. Any
183 risk that actual revenues received from department leases for
184 wireless communications facilities are lower than anticipated
185 shall be borne exclusively by investors.
186 (6) Subject to annual appropriation, investors shall
187 collect the lease payments on a schedule and in a manner
188 established in the agreements entered into by the department and
189 investors pursuant to this section. The agreements may provide
190 for lease payments to be made directly to investors by lessees
191 if the lease agreements entered into by the department and the
192 lessees pursuant to s. 365.172(12)(f) allow direct payment.
193 (7) Proceeds received by the department from leases for
194 wireless communication facilities shall be deposited in the
195 State Transportation Trust Fund created under s. 206.46 and used
196 for fixed capital expenditures for the statewide transportation
197 system.
198 Section 2. Section 373.618, Florida Statutes, is amended to
199 read:
200 373.618 Public service warnings, alerts, and
201 announcements.—The Legislature believes it is in the public
202 interest that all water management districts created pursuant to
203 s. 373.069 own, acquire, develop, construct, operate, and manage
204 public information systems. Public information systems may be
205 located on property owned by the water management district, upon
206 terms and conditions approved by the water management district,
207 and must display messages to the general public concerning water
208 management services, activities, events, and sponsors, as well
209 as other public service announcements, including watering
210 restrictions, severe weather reports, amber alerts, and other
211 essential information needed by the public. Local government
212 review or approval is not required for a public information
213 system owned or hereafter acquired, developed, or constructed by
214 the water management district on its own property. A public
215 information system is subject to exempt from the requirements of
216 the Highway Beautification Act of 1965 and all federal laws and
217 agreements when applicable chapter 479. Water management
218 district funds may not be used to pay the cost to acquire,
219 develop, construct, operate, or manage a public information
220 system. Any necessary funds for a public information system
221 shall be paid for and collected from private sponsors who may
222 display commercial messages.
223 Section 3. Section 479.01, Florida Statutes, is amended to
224 read:
225 479.01 Definitions.—As used in this chapter, the term:
226 (1) “Allowable uses” means the intended uses identified in
227 a local government’s land development regulations which those
228 uses that are authorized within a zoning category as a use by
229 right, without the requirement to obtain a variance or waiver.
230 The term includes conditional uses and those allowed by special
231 exception if such uses are a present and actual use, but does
232 not include uses that are accessory, ancillary, incidental to
233 the allowable uses, or allowed only on a temporary basis.
234 (2) “Automatic changeable facing” means a facing that is
235 capable of delivering two or more advertising messages through
236 an automated or remotely controlled process.
237 (3) “Business of outdoor advertising” means the business of
238 constructing, erecting, operating, using, maintaining, leasing,
239 or selling outdoor advertising structures, outdoor advertising
240 signs, or outdoor advertisements.
241 (4) “Commercial or industrial zone” means a parcel of land
242 designated for commercial or industrial uses under both the
243 future land use map of the comprehensive plan and the land use
244 development regulations adopted pursuant to chapter 163. If a
245 parcel is located in an area designated for multiple uses on the
246 future land use map of a comprehensive plan and the zoning
247 category of the land development regulations does not clearly
248 designate that parcel for a specific use, the area will be
249 considered an unzoned commercial or industrial area if it meets
250 the criteria of subsection (26).
251 (4)(5) “Commercial use” means activities associated with
252 the sale, rental, or distribution of products or the performance
253 of services. The term includes, but is not limited to without
254 limitation, such uses or activities as retail sales; wholesale
255 sales; rentals of equipment, goods, or products; offices;
256 restaurants; food service vendors; sports arenas; theaters; and
257 tourist attractions.
258 (5)(6) “Controlled area” means 660 feet or less from the
259 nearest edge of the right-of-way of any portion of the State
260 Highway System, interstate, or federal-aid primary highway
261 system and beyond 660 feet of the nearest edge of the right-of
262 way of any portion of the State Highway System, interstate
263 highway system, or federal-aid primary system outside an urban
264 area.
265 (6)(7) “Department” means the Department of Transportation.
266 (7)(8) “Erect” means to construct, build, raise, assemble,
267 place, affix, attach, create, paint, draw, or in any other way
268 bring into being or establish. The term; but it does not include
269 such any of the foregoing activities when performed as an
270 incident to the change of advertising message or customary
271 maintenance or repair of a sign.
272 (8)(9) “Federal-aid primary highway system” means the
273 federal-aid primary highway system in existence on June 1, 1991,
274 and any highway that was not a part of such system as of that
275 date but that is, or became after June 1, 1991, a part of the
276 National Highway System, including portions that have been
277 accepted as part of the National Highway System but are unbuilt
278 or unopened existing, unbuilt, or unopened system of highways or
279 portions thereof, which shall include the National Highway
280 System, designated as the federal-aid primary highway system by
281 the department.
282 (9)(10) “Highway” means any road, street, or other way open
283 or intended to be opened to the public for travel by motor
284 vehicles.
285 (10)(11) “Industrial use” means activities associated with
286 the manufacture, assembly, processing, or storage of products or
287 the performance of related services relating thereto. The term
288 includes, but is not limited to without limitation, such uses or
289 activities as automobile manufacturing or repair, boat
290 manufacturing or repair, junk yards, meat packing facilities,
291 citrus processing and packing facilities, produce processing and
292 packing facilities, electrical generating plants, water
293 treatment plants, sewage treatment plants, and solid waste
294 disposal sites.
295 (11)(12) “Interstate highway system” means the existing,
296 unbuilt, or unopened system of highways or portions thereof
297 designated as the national system of interstate and defense
298 highways by the department.
299 (12)(13) “Main-traveled way” means the traveled way of a
300 highway on which through traffic is carried. In the case of a
301 divided highway, the traveled way of each of the separate
302 roadways for traffic in opposite directions is a main-traveled
303 way. The term It does not include such facilities as frontage
304 roads, turning roadways which specifically include on-ramps or
305 off-ramps to the interstate highway system, or parking areas.
306 (13)(14) “Maintain” means to allow to exist.
307 (14)(15) “Motorist services directional signs” means signs
308 providing directional information about goods and services in
309 the interest of the traveling public where such signs were
310 lawfully erected and in existence on or before May 6, 1976, and
311 continue to provide directional information to goods and
312 services in a defined area.
313 (15)(16) “New highway” means the construction of any road,
314 paved or unpaved, where no road previously existed or the act of
315 paving any previously unpaved road.
316 (16)(17) “Nonconforming sign” means a sign which was
317 lawfully erected but which does not comply with the land use,
318 setback, size, spacing, and lighting provisions of state or
319 local law, rule, regulation, or ordinance passed at a later date
320 or a sign which was lawfully erected but which later fails to
321 comply with state or local law, rule, regulation, or ordinance
322 due to changed conditions.
323 (17)(18) “Premises” means all the land areas under
324 ownership or lease arrangement to the sign owner which are
325 contiguous to the business conducted on the land except for
326 instances where such land is a narrow strip contiguous to the
327 advertised activity or is connected by such narrow strip, the
328 only viable use of such land is to erect or maintain an
329 advertising sign. If When the sign owner is a municipality or
330 county, the term means “premises” shall mean all lands owned or
331 leased by the such municipality or county within its
332 jurisdictional boundaries as set forth by law.
333 (18)(19) “Remove” means to disassemble all sign materials
334 above ground level and, transport such materials from the site,
335 and dispose of sign materials by sale or destruction.
336 (19)(20) “Sign” means any combination of structure and
337 message in the form of an outdoor sign, display, device, figure,
338 painting, drawing, message, placard, poster, billboard,
339 advertising structure, advertisement, logo, symbol, or other
340 form, whether placed individually or on a V-type, back-to-back,
341 side-to-side, stacked, or double-faced display or automatic
342 changeable facing, designed, intended, or used to advertise or
343 inform, any part of the advertising message or informative
344 contents of which is visible from any place on the main-traveled
345 way. The term does not include an official traffic control sign,
346 official marker, or specific information panel erected, caused
347 to be erected, or approved by the department.
348 (20)(21) “Sign direction” means the that direction from
349 which the message or informative contents are most visible to
350 oncoming traffic on the main-traveled way.
351 (21)(22) “Sign face” means the part of a the sign,
352 including trim and background, which contains the message or
353 informative contents, including an automatic changeable face.
354 (22)(23) “Sign facing” includes all sign faces and
355 automatic changeable faces displayed at the same location and
356 facing the same direction.
357 (23)(24) “Sign structure” means all the interrelated parts
358 and material, such as beams, poles, and stringers, which are
359 constructed for the purpose of supporting or displaying a
360 message or informative contents.
361 (24)(25) “State Highway System” has the same meaning as in
362 s. 334.03 means the existing, unbuilt, or unopened system of
363 highways or portions thereof designated as the State Highway
364 System by the department.
365 (26) “Unzoned commercial or industrial area” means a parcel
366 of land designated by the future land use map of the
367 comprehensive plan for multiple uses that include commercial or
368 industrial uses but are not specifically designated for
369 commercial or industrial uses under the land development
370 regulations, in which three or more separate and distinct
371 conforming industrial or commercial activities are located.
372 (a) These activities must satisfy the following criteria:
373 1. At least one of the commercial or industrial activities
374 must be located on the same side of the highway and within 800
375 feet of the sign location;
376 2. The commercial or industrial activities must be within
377 660 feet from the nearest edge of the right-of-way; and
378 3. The commercial industrial activities must be within
379 1,600 feet of each other.
380
381 Distances specified in this paragraph must be measured from the
382 nearest outer edge of the primary building or primary building
383 complex when the individual units of the complex are connected
384 by covered walkways.
385 (b) Certain activities, including, but not limited to, the
386 following, may not be so recognized as commercial or industrial
387 activities:
388 1. Signs.
389 2. Agricultural, forestry, ranching, grazing, farming, and
390 related activities, including, but not limited to, wayside fresh
391 produce stands.
392 3. Transient or temporary activities.
393 4. Activities not visible from the main-traveled way.
394 5. Activities conducted more than 660 feet from the nearest
395 edge of the right-of-way.
396 6. Activities conducted in a building principally used as a
397 residence.
398 7. Railroad tracks and minor sidings.
399 8. Communication towers.
400 (25)(27) “Urban area” has the same meaning as defined in s.
401 334.03(31).
402 (26)(28) “Visible commercial or industrial activity” means
403 a commercial or industrial activity that is capable of being
404 seen without visual aid by a person of normal visual acuity from
405 the main-traveled way and that is generally recognizable as
406 commercial or industrial.
407 (27)(29) “Visible sign” means that the advertising message
408 or informative contents of a sign, whether or not legible, can
409 be is capable of being seen without visual aid by a person of
410 normal visual acuity.
411 (28)(30) “Wall mural” means a sign that is a painting or an
412 artistic work composed of photographs or arrangements of color
413 and that displays a commercial or noncommercial message, relies
414 solely on the side of the building for rigid structural support,
415 and is painted on the building or depicted on vinyl, fabric, or
416 other similarly flexible material that is held in place flush or
417 flat against the surface of the building. The term excludes a
418 painting or work placed on a structure that is erected for the
419 sole or primary purpose of signage.
420 (29)(31) “Zoning category” means the designation under the
421 land development regulations or other similar ordinance enacted
422 to regulate the use of land as provided in s. 163.3202(2)(b),
423 which designation sets forth the allowable uses, restrictions,
424 and limitations on use applicable to properties within the
425 category.
426 Section 4. Section 479.02, Florida Statutes, is amended to
427 read:
428 479.02 Duties of the department.—It shall be the duty of
429 The department shall to:
430 (1) Administer and enforce the provisions of this chapter,
431 and the 1972 agreement between the state and the United States
432 Department of Transportation relating to the size, lighting, and
433 spacing of signs in accordance with Title I of the Highway
434 Beautification Act of 1965 and Title 23 of the, United States
435 Code, and federal regulations, including, but not limited to,
436 those pertaining to the maintenance, continuance, and removal of
437 nonconforming signs in effect as of the effective date of this
438 act.
439 (2) Regulate size, height, lighting, and spacing of signs
440 permitted on commercial and industrial parcels and in unzoned
441 commercial or industrial areas in zoned and unzoned commercial
442 areas and zoned and unzoned industrial areas on the interstate
443 highway system and the federal-aid primary highway system.
444 (3) Determine unzoned commercial and industrial parcels and
445 unzoned commercial or areas and unzoned industrial areas in the
446 manner provided in s. 479.024.
447 (4) Implement a specific information panel program on the
448 limited access interstate highway system to promote tourist
449 oriented businesses by providing directional information safely
450 and aesthetically.
451 (5) Implement a rest area information panel or devices
452 program at rest areas along the interstate highway system and
453 the federal-aid primary highway system to promote tourist
454 oriented businesses.
455 (6) Test and, if economically feasible, implement
456 alternative methods of providing information in the specific
457 interest of the traveling public which allow the traveling
458 public freedom of choice, conserve natural beauty, and present
459 information safely and aesthetically.
460 (7) Adopt such rules as the department it deems necessary
461 or proper for the administration of this chapter, including
462 rules that which identify activities that may not be recognized
463 as industrial or commercial activities for purposes of
464 determination of a an area as an unzoned commercial or
465 industrial parcel or an unzoned commercial or industrial area in
466 the manner provided in s. 479.024.
467 (8) Prior to July 1, 1998, Inventory and determine the
468 location of all signs on the state highway system, interstate
469 highway system, and federal-aid primary highway system to be
470 used as systems. Upon completion of the inventory, it shall
471 become the database and permit information for all permitted
472 signs permitted at the time of completion, and the previous
473 records of the department shall be amended accordingly. The
474 inventory shall be updated at least no less than every 2 years.
475 The department shall adopt rules regarding what information is
476 to be collected and preserved to implement the purposes of this
477 chapter. The department may perform the inventory using
478 department staff, or may contract with a private firm to perform
479 the work, whichever is more cost efficient. The department shall
480 maintain a database of sign inventory information such as sign
481 location, size, height, and structure type, the permittee’s
482 permitholder’s name, and any other information the department
483 finds necessary to administer the program.
484 Section 5. Section 479.024, Florida Statutes, is created to
485 read:
486 479.024 Commercial and industrial parcels.—Signs shall be
487 permitted by the department only in commercial or industrial
488 zones, as determined by the local government, in compliance with
489 chapter 163, unless otherwise provided in this chapter.
490 Commercial and industrial zones are those areas appropriate for
491 commerce, industry, or trade, regardless of how those areas are
492 labeled.
493 (1) As used in this section, the term:
494 (a) “Parcel” means the property where the sign is located
495 or is proposed to be located.
496 (b) “Utilities” includes all privately, publicly, or
497 cooperatively owned lines, facilities, and systems for
498 producing, transmitting, or distributing communications, power,
499 electricity, light, heat, gas, oil, crude products, water,
500 steam, waste, and stormwater not connected with the highway
501 drainage, and other similar commodities.
502 (2) The determination as to zoning by the local government
503 for the parcel must meet all of the following criteria:
504 (a) The parcel is comprehensively zoned and includes
505 commercial or industrial uses as allowable uses.
506 (b) The parcel can reasonably accommodate a commercial or
507 industrial use under the future land use map of the
508 comprehensive plan and land use development regulations, as
509 follows:
510 1. Sufficient utilities are available to support commercial
511 or industrial development; and
512 2. The size, configuration, and public access of the parcel
513 are sufficient to accommodate a commercial or industrial use,
514 given the requirements in the comprehensive plan and land
515 development regulations for vehicular access, on-site
516 circulation, building setbacks, buffering, parking, and other
517 applicable standards or the parcel consists of railroad tracks
518 or minor sidings abutting commercial or industrial property that
519 meets the criteria of this subsection.
520 (c) The parcel is not being used exclusively for
521 noncommercial or nonindustrial uses.
522 (3) If a local government has not designated zoning through
523 land development regulations in compliance with chapter 163 but
524 has designated the parcel under the future land use map of the
525 comprehensive plan for uses that include commercial or
526 industrial uses, the parcel shall be considered an unzoned
527 commercial or industrial area. For a permit to be issued for a
528 sign in an unzoned commercial or industrial area, there must be
529 three or more distinct commercial or industrial activities
530 within 1,600 feet of each other, with at least one of the
531 commercial or industrial activities located on the same side of
532 the highway as, and within 800 feet of, the sign location.
533 Multiple commercial or industrial activities enclosed in one
534 building shall be considered one use if all activities have only
535 shared building entrances.
536 (4) For purposes of this section, certain uses and
537 activities may not be independently recognized as commercial or
538 industrial, including, but not limited to:
539 (a) Signs.
540 (b) Agricultural, forestry, ranching, grazing, farming, and
541 related activities, including, but not limited to, wayside fresh
542 produce stands.
543 (c) Transient or temporary activities.
544 (d) Activities not visible from the main-traveled way,
545 unless a department transportation facility is the only cause
546 for the activity not being visible.
547 (e) Activities conducted more than 660 feet from the
548 nearest edge of the right-of-way.
549 (f) Activities conducted in a building principally used as
550 a residence.
551 (g) Railroad tracks and minor sidings, unless the tracks
552 and sidings are abutted by a commercial or industrial property
553 that meets the criteria in subsection (2).
554 (h) Communication towers.
555 (i) Public parks, public recreation services, and
556 governmental uses and activities that take place in a structure
557 that serves as the permanent public meeting place for local,
558 state, or federal boards, commissions, or courts.
559 (5) If the local government has indicated that the proposed
560 sign location is on a parcel that is in a commercial or
561 industrial zone but the department finds that it is not, the
562 department shall notify the sign applicant in writing of its
563 determination.
564 (6) An applicant whose application for a permit is denied
565 may request, within 30 days after the receipt of the
566 notification of intent to deny, an administrative hearing
567 pursuant to chapter 120 for a determination of whether the
568 parcel is located in a commercial or industrial zone. Upon
569 receipt of such request, the department shall notify the local
570 government that the applicant has requested an administrative
571 hearing pursuant to chapter 120.
572 (7) If the department determines in a final order that the
573 parcel does not meet the permitting conditions in this section
574 and a sign exists on the parcel, the applicant shall remove the
575 sign within 30 days after the date of the order. The applicant
576 is responsible for all sign removal costs.
577 (8) If the Federal Highway Administration reduces funds
578 that would otherwise be apportioned to the department due to a
579 local government’s failure to comply with this section, the
580 department shall reduce transportation funding apportioned to
581 the local government by an equivalent amount.
582 Section 6. Section 479.03, Florida Statutes, is amended to
583 read:
584 479.03 Jurisdiction of the Department of Transportation;
585 entry upon privately owned lands.—The territory under the
586 jurisdiction of the department for the purpose of this chapter
587 includes shall include all the state. Employees, agents, or
588 independent contractors working for the department, in the
589 performance of their functions and duties under the provisions
590 of this chapter, may enter into and upon any land upon which a
591 sign is displayed, is proposed to be erected, or is being
592 erected and make such inspections, surveys, and removals as may
593 be relevant. Upon written notice to After receiving consent by
594 the landowner, operator, or person in charge of an intervening
595 privately owned land that or appropriate inspection warrant
596 issued by a judge of any county court or circuit court of this
597 state which has jurisdiction of the place or thing to be
598 removed, that the removal of an illegal outdoor advertising sign
599 is necessary and has been authorized by a final order or results
600 from an uncontested notice to the sign owner, the department may
601 shall be authorized to enter upon any intervening privately
602 owned lands for the purposes of effectuating removal of illegal
603 signs., provided that The department may enter intervening
604 privately owned lands shall only do so in circumstances where it
605 has determined that no other legal or economically feasible
606 means of entry to the sign site are not reasonably available.
607 Except as otherwise provided by this chapter, the department is
608 shall be responsible for the repair or replacement in a like
609 manner for any physical damage or destruction of private
610 property, other than the sign, incidental to the department’s
611 entry upon such intervening privately owned lands.
612 Section 7. Section 479.04, Florida Statutes, is amended to
613 read:
614 479.04 Business of outdoor advertising; license
615 requirement; renewal; fees.—
616 (1) A No person may not shall engage in the business of
617 outdoor advertising in this state without first obtaining a
618 license therefor from the department. Such license shall be
619 renewed annually. The fee for such license, and for each annual
620 renewal, is $300. License renewal fees are shall be payable as
621 provided for in s. 479.07.
622 (2) A No person is not shall be required to obtain the
623 license provided for in this section solely to erect or
624 construct outdoor advertising signs or structures as an
625 incidental part of a building construction contract.
626 Section 8. Section 479.05, Florida Statutes, is amended to
627 read:
628 479.05 Denial, suspension, or revocation of license.—The
629 department may has authority to deny, suspend, or revoke a any
630 license requested or granted under this chapter in any case in
631 which it determines that the application for the license
632 contains knowingly false or misleading information of material
633 consequence, that the licensee has failed to pay fees or costs
634 owed to the department for outdoor advertising purposes, or that
635 the licensee has violated any of the provisions of this chapter,
636 unless such licensee, within 30 days after the receipt of notice
637 by the department, corrects such false or misleading
638 information, pays the outstanding amounts, or complies with the
639 provisions of this chapter. Suspension of a license allows the
640 licensee to maintain existing sign permits, but the department
641 may not grant a transfer of an existing permit or issue an
642 additional permit to a licensee with a suspended license. A Any
643 person aggrieved by an any action of the department which
644 denies, suspends, or revokes in denying or revoking a license
645 under this chapter may, within 30 days after from the receipt of
646 the notice, apply to the department for an administrative
647 hearing pursuant to chapter 120.
648 Section 9. Section 479.07, Florida Statutes, is amended to
649 read:
650 479.07 Sign permits.—
651 (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
652 person may not erect, operate, use, or maintain, or cause to be
653 erected, operated, used, or maintained, any sign on the State
654 Highway System outside an urban area, as defined in s.
655 334.03(31), or on any portion of the interstate or federal-aid
656 primary highway system without first obtaining a permit for the
657 sign from the department and paying the annual fee as provided
658 in this section. As used in this section, the term “on any
659 portion of the State Highway System, interstate highway system,
660 or federal-aid primary system” means a sign located within the
661 controlled area which is visible from any portion of the main
662 traveled way of such system.
663 (2) A person may not apply for a permit unless he or she
664 has first obtained the Written permission of the owner or other
665 person in lawful possession or control of the site designated as
666 the location of the sign is required for issuance of a in the
667 application for the permit.
668 (3)(a) An application for a sign permit must be made on a
669 form prescribed by the department, and a separate application
670 must be submitted for each permit requested. A permit is
671 required for each sign facing.
672 (b) As part of the application, the applicant or his or her
673 authorized representative must certify in a notarized signed
674 statement that all information provided in the application is
675 true and correct and that, pursuant to subsection (2), he or she
676 has obtained the written permission of the owner or other person
677 in lawful possession of the site designated as the location of
678 the sign in the permit application. Each Every permit
679 application must be accompanied by the appropriate permit fee; a
680 signed statement by the owner or other person in lawful control
681 of the site on which the sign is located or will be erected,
682 authorizing the placement of the sign on that site; and, where
683 local governmental regulation of signs exists, a statement from
684 the appropriate local governmental official indicating that the
685 sign complies with all local government governmental
686 requirements; and, if a local government permit is required for
687 a sign, a statement that the agency or unit of local government
688 will issue a permit to that applicant upon approval of the state
689 permit application by the department.
690 (c) The annual permit fee for each sign facing shall be
691 established by the department by rule in an amount sufficient to
692 offset the total cost to the department for the program, but may
693 shall not be greater than exceed $100. The A fee may not be
694 prorated for a period less than the remainder of the permit year
695 to accommodate short-term publicity features; however, a first
696 year fee may be prorated by payment of an amount equal to one
697 fourth of the annual fee for each remaining whole quarter or
698 partial quarter of the permit year. Applications received after
699 the end of the third quarter of the permit year must include
700 fees for the last quarter of the current year and fees for the
701 succeeding year.
702 (4) An application for a permit shall be acted on by
703 granting, denying, or returning the incomplete application the
704 department within 30 days after receipt of the application by
705 the department.
706 (5)(a) For each permit issued, the department shall furnish
707 to the applicant a serially numbered permanent metal permit tag.
708 The permittee is responsible for maintaining a valid permit tag
709 on each permitted sign facing at all times. The tag shall be
710 securely attached to the upper 50 percent of the sign structure,
711 and sign facing or, if there is no facing, on the pole nearest
712 the highway; and it shall be attached in such a manner as to be
713 plainly visible from the main-traveled way. Effective July 1,
714 2012, the tag must be securely attached to the upper 50 percent
715 of the pole nearest the highway and must be attached in such a
716 manner as to be plainly visible from the main-traveled way. The
717 permit becomes void unless the permit tag must be is properly
718 and permanently displayed at the permitted site within 30 days
719 after the date of permit issuance. If the permittee fails to
720 erect a completed sign on the permitted site within 270 days
721 after the date on which the permit was issued, the permit will
722 be void, and the department may not issue a new permit to that
723 permittee for the same location for 270 days after the date on
724 which the permit becomes became void.
725 (b) If a permit tag is lost, stolen, or destroyed, the
726 permittee to whom the tag was issued must apply to the
727 department for a replacement tag. The department shall adopt a
728 rule establishing a service fee for replacement tags in an
729 amount that will recover the actual cost of providing the
730 replacement tag. Upon receipt of the application accompanied by
731 the service fee, the department shall issue a replacement permit
732 tag. Alternatively, the permittee may provide its own
733 replacement tag pursuant to department specifications that the
734 department shall adopt by rule at the time it establishes the
735 service fee for replacement tags.
736 (6) A permit is valid only for the location specified in
737 the permit. Valid permits may be transferred from one sign owner
738 to another upon written acknowledgment from the current
739 permittee and submittal of a transfer fee of $5 for each permit
740 to be transferred. However, the maximum transfer fee for any
741 multiple transfer between two outdoor advertisers in a single
742 transaction is $1,000 $100.
743 (7) A permittee shall at all times maintain the permission
744 of the owner or other person in lawful control of the sign site
745 in order to have and maintain a sign at such site.
746 (8)(a) In order to reduce peak workloads, the department
747 may adopt rules providing for staggered expiration dates for
748 licenses and permits. Unless otherwise provided for by rule, all
749 licenses and permits expire annually on January 15. All license
750 and permit renewal fees are required to be submitted to the
751 department by no later than the expiration date. At least 105
752 days before prior to the expiration date of licenses and
753 permits, the department shall send to each permittee a notice of
754 fees due for all licenses and permits that which were issued to
755 him or her before prior to the date of the notice. Such notice
756 must shall list the permits and the permit fees due for each
757 sign facing. The permittee shall, no later than 45 days before
758 prior to the expiration date, advise the department of any
759 additions, deletions, or errors contained in the notice. Permit
760 tags that which are not renewed shall be returned to the
761 department for cancellation by the expiration date. Permits that
762 which are not renewed or are canceled shall be certified in
763 writing at that time as canceled or not renewed by the
764 permittee, and permit tags for such permits shall be returned to
765 the department or shall be accounted for by the permittee in
766 writing, which writing shall be submitted with the renewal fee
767 payment or the cancellation certification. However, failure of a
768 permittee to submit a permit cancellation does shall not affect
769 the nonrenewal of a permit. Before Prior to cancellation of a
770 permit, the permittee shall provide written notice to all
771 persons or entities having a right to advertise on the sign that
772 the permittee intends to cancel the permit.
773 (b) If a permittee has not submitted his or her fee payment
774 by the expiration date of the licenses or permits, the
775 department shall send a notice of violation to the permittee
776 within 45 days after the expiration date, requiring the payment
777 of the permit fee within 30 days after the date of the notice
778 and payment of a delinquency fee equal to 10 percent of the
779 original amount due or, in the alternative to these payments,
780 requiring the filing of a request for an administrative hearing
781 to show cause why the his or her sign should not be subject to
782 immediate removal due to expiration of his or her license or
783 permit. If the permittee submits payment as required by the
784 violation notice, the his or her license or permit shall will be
785 automatically reinstated and such reinstatement is will be
786 retroactive to the original expiration date. If the permittee
787 does not respond to the notice of violation within the 30-day
788 period, the department shall, within 30 days, issue a final
789 notice of sign removal and may, following 90 days after the date
790 of the department’s final notice of sign removal, remove the
791 sign without incurring any liability as a result of such
792 removal. However, if at any time before removal of the sign, the
793 permittee demonstrates that a good faith error on the part of
794 the permittee resulted in cancellation or nonrenewal of the
795 permit, the department may reinstate the permit if:
796 1. The permit reinstatement fee of up to $300 based on the
797 size of the sign is paid;
798 2. All other permit renewal and delinquent permit fees due
799 as of the reinstatement date are paid; and
800 3. The permittee reimburses the department for all actual
801 costs resulting from the permit cancellation or nonrenewal.
802 (c) Conflicting applications filed by other persons for the
803 same or competing sites covered by a permit subject to paragraph
804 (b) may not be approved until after the sign subject to the
805 expired permit has been removed.
806 (d) The cost for removing a sign, whether by the department
807 or an independent contractor, shall be assessed by the
808 department against the permittee.
809 (9)(a) A permit may shall not be granted for any sign for
810 which a permit had not been granted by the effective date of
811 this act unless such sign is located at least:
812 1. One thousand five hundred feet from any other permitted
813 sign on the same side of the highway, if on an interstate
814 highway.
815 2. One thousand feet from any other permitted sign on the
816 same side of the highway, if on a federal-aid primary highway.
817
818 The minimum spacing provided in this paragraph does not preclude
819 the permitting of V-type, back-to-back, side-to-side, stacked,
820 or double-faced signs at the permitted sign site. If a sign is
821 visible to more than one highway subject to the jurisdiction of
822 the department and within the controlled area of the highways
823 from the controlled area of more than one highway subject to the
824 jurisdiction of the department, the sign must shall meet the
825 permitting requirements of all highways, and, if the sign meets
826 the applicable permitting requirements, be permitted to, the
827 highway having the more stringent permitting requirements.
828 (b) A permit may shall not be granted for a sign pursuant
829 to this chapter to locate such sign on any portion of the
830 interstate or federal-aid primary highway system, which sign:
831 1. Exceeds 50 feet in sign structure height above the crown
832 of the main-traveled way to which the sign is permitted, if
833 outside an incorporated area;
834 2. Exceeds 65 feet in sign structure height above the crown
835 of the main-traveled way to which the sign is permitted, if
836 inside an incorporated area; or
837 3. Exceeds 950 square feet of sign facing including all
838 embellishments.
839 (c) Notwithstanding subparagraph (a)1., there is
840 established a pilot program in Orange, Hillsborough, and Osceola
841 Counties, and within the boundaries of the City of Miami, under
842 which the distance between permitted signs on the same side of
843 an interstate highway may be reduced to 1,000 feet if all other
844 requirements of this chapter are met and if:
845 1. The local government has adopted a plan, program,
846 resolution, ordinance, or other policy encouraging the voluntary
847 removal of signs in a downtown, historic, redevelopment, infill,
848 or other designated area which also provides for a new or
849 replacement sign to be erected on an interstate highway within
850 that jurisdiction if a sign in the designated area is removed;
851 2. The sign owner and the local government mutually agree
852 to the terms of the removal and replacement; and
853 3. The local government notifies the department of its
854 intention to allow such removal and replacement as agreed upon
855 pursuant to subparagraph 2.
856 4. The new or replacement sign to be erected on an
857 interstate highway within that jurisdiction is to be located on
858 a parcel of land specifically designated for commercial or
859 industrial use under both the future land use map of the
860 comprehensive plan and the land use development regulations
861 adopted pursuant to chapter 163, and such parcel shall not be
862 subject to an evaluation in accordance with the criteria set
863 forth in s. 479.01(26) to determine if the parcel can be
864 considered an unzoned commercial or industrial area.
865
866 The department shall maintain statistics tracking the use of the
867 provisions of this pilot program based on the notifications
868 received by the department from local governments under this
869 paragraph.
870 (d) This subsection does not cause a sign that was
871 conforming on October 1, 1984, to become nonconforming.
872 (10) Commercial or industrial zoning that which is not
873 comprehensively enacted or that which is enacted primarily to
874 permit signs may shall not be recognized as commercial or
875 industrial zoning for purposes of this provision, and permits
876 may shall not be issued for signs in such areas. The department
877 shall adopt rules that within 180 days after this act takes
878 effect which shall provide criteria to determine whether such
879 zoning is comprehensively enacted or enacted primarily to permit
880 signs.
881 Section 10. Section 479.08, Florida Statutes, is amended to
882 read:
883 479.08 Denial or revocation of permit.—The department may
884 deny or revoke a any permit requested or granted under this
885 chapter in any case in which it determines that the application
886 for the permit contains knowingly false or misleading
887 information of material consequence. The department may revoke a
888 any permit granted under this chapter in any case in which the
889 permittee has violated any of the provisions of this chapter,
890 unless such permittee, within 30 days after the receipt of
891 notice by the department, complies with the provisions of this
892 chapter. For the purpose of this section, the notice of
893 violation issued by the department must describe in detail the
894 alleged violation. A Any person aggrieved by any action of the
895 department in denying or revoking a permit under this chapter
896 may, within 30 days after receipt of the notice, apply to the
897 department for an administrative hearing pursuant to chapter
898 120. If a timely request for hearing has been filed and the
899 department issues a final order revoking a permit, such
900 revocation shall be effective 30 days after the date of
901 rendition. Except for department action pursuant to s.
902 479.107(1), the filing of a timely and proper notice of appeal
903 shall operate to stay the revocation until the department’s
904 action is upheld.
905 Section 11. Section 479.10, Florida Statutes, is amended to
906 read:
907 479.10 Sign removal following permit revocation or
908 cancellation.—A sign shall be removed by the permittee within 30
909 days after the date of revocation or cancellation of the permit
910 for the sign. If the permittee fails to remove the sign within
911 the 30-day period, the department shall remove the sign at the
912 permittee’s expense with or without further notice and without
913 incurring any liability as a result of such removal.
914 Section 12. Section 479.105, Florida Statutes, is amended
915 to read:
916 479.105 Signs erected or maintained without required
917 permit; removal.—
918 (1) A Any sign that which is located adjacent to the right
919 of-way of any highway on the State Highway System outside an
920 incorporated area or adjacent to the right-of-way on any portion
921 of the interstate or federal-aid primary highway system, which
922 sign was erected, operated, or maintained without the permit
923 required by s. 479.07(1) having been issued by the department,
924 is declared to be a public nuisance and a private nuisance and
925 shall be removed as provided in this section.
926 (a) Upon a determination by the department that a sign is
927 in violation of s. 479.07(1), the department shall prominently
928 post on the sign, or as close to the sign as possible for a
929 location in which the sign is not easily accessible, face a
930 notice stating that the sign is illegal and must be removed
931 within 30 days after the date on which the notice was posted.
932 However, if the sign bears the name of the licensee or the name
933 and address of the nonlicensed sign owner, The department shall,
934 concurrently with and in addition to posting the notice on the
935 sign, provide a written notice to the owner of the sign, the
936 advertiser displayed on the sign, or the owner of the property,
937 stating that the sign is illegal and must be permanently removed
938 within the 30-day period specified on the posted notice. The
939 written notice shall further state that the sign owner has a
940 right to request a hearing may be requested and that the, which
941 request must be filed with the department within 30 days after
942 receipt the date of the written notice. However, the filing of a
943 request for a hearing will not stay the removal of the sign.
944 (b) If, pursuant to the notice provided, the sign is not
945 removed by the sign owner of the sign, the advertiser displayed
946 on the sign, or the owner of the property within the prescribed
947 period, the department shall immediately remove the sign without
948 further notice; and, for that purpose, the employees, agents, or
949 independent contractors of the department may enter upon private
950 property without incurring any liability for so entering.
951 (c) However, the department may issue a permit for a sign,
952 as a conforming or nonconforming sign, if the sign owner
953 demonstrates to the department one of the following:
954 1. If the sign meets the current requirements of this
955 chapter for a sign permit, the sign owner may submit the
956 required application package and receive a permit as a
957 conforming sign, upon payment of all applicable fees.
958 2. If the sign does not meet the current requirements of
959 this chapter for a sign permit and has never been exempt from
960 the requirement that a permit be obtained, the sign owner may
961 receive a permit as a nonconforming sign if the department
962 determines that the sign is not located on state right-of-way
963 and is not a safety hazard, and if the sign owner pays a penalty
964 fee of $300 and all pertinent fees required by this chapter,
965 including annual permit renewal fees payable since the date of
966 the erection of the sign, and attaches to the permit application
967 package documentation that demonstrates that:
968 a. The sign has been unpermitted, structurally unchanged,
969 and continuously maintained at the same location for 7 years or
970 more;
971 b. During the initial 7 years in which the sign has been
972 subject to the jurisdiction of the department, the sign would
973 have met the criteria established in this chapter which were in
974 effect at that time for issuance of a permit; and
975 c. The department has not initiated a notice of violation
976 or taken other action to remove the sign during the initial 7
977 year period in which the sign has been subject to the
978 jurisdiction of the department.
979 (d) This subsection does not cause a neighboring sign that
980 is permitted and that is within the spacing requirements under
981 s. 479.07(9)(a) to become nonconforming.
982 (e)(c) For purposes of this subsection, a notice to the
983 sign owner, when required, constitutes sufficient notice.; and
984 Notice is not required to be provided to the lessee, advertiser,
985 or the owner of the real property on which the sign is located.
986 (f)(d) If, after a hearing, it is determined that a sign
987 has been wrongfully or erroneously removed pursuant to this
988 subsection, the department, at the sign owner’s discretion,
989 shall either pay just compensation to the owner of the sign or
990 reerect the sign in kind at the expense of the department.
991 (e) However, if the sign owner demonstrates to the
992 department that:
993 1. The sign has been unpermitted, structurally unchanged,
994 and continuously maintained at the same location for a period of
995 7 years or more;
996 2. At any time during the period in which the sign has been
997 erected, the sign would have met the criteria established in
998 this chapter for issuance of a permit;
999 3. The department has not initiated a notice of violation
1000 or taken other action to remove the sign during the initial 7
1001 year period described in subparagraph 1.; and
1002 4. The department determines that the sign is not located
1003 on state right-of-way and is not a safety hazard,
1004
1005 the sign may be considered a conforming or nonconforming sign
1006 and may be issued a permit by the department upon application in
1007 accordance with this chapter and payment of a penalty fee of
1008 $300 and all pertinent fees required by this chapter, including
1009 annual permit renewal fees payable since the date of the
1010 erection of the sign.
1011 (2)(a) If a sign is under construction and the department
1012 determines that a permit has not been issued for the sign as
1013 required under the provisions of this chapter, the department
1014 may is authorized to require that all work on the sign cease
1015 until the sign owner shows that the sign does not violate the
1016 provisions of this chapter. The order to cease work shall be
1017 prominently posted on the sign structure, and no further notice
1018 is not required to be given. The failure of a sign owner or her
1019 or his agents to immediately comply with the order subjects
1020 shall subject the sign to prompt removal by the department.
1021 (b) For the purposes of this subsection only, a sign is
1022 under construction when it is in any phase of initial
1023 construction before prior to the attachment and display of the
1024 advertising message in final position for viewing by the
1025 traveling public. A sign that is undergoing routine maintenance
1026 or change of the advertising message only is not considered to
1027 be under construction for the purposes of this subsection.
1028 (3) The cost of removing a sign, whether by the department
1029 or an independent contractor, shall be assessed against the
1030 owner of the sign by the department.
1031 Section 13. Subsections (5) and (7) of section 479.106,
1032 Florida Statutes, are amended to read:
1033 479.106 Vegetation management.—
1034 (5) The department may only grant a permit pursuant to s.
1035 479.07 for a new sign that which requires the removal, cutting,
1036 or trimming of existing trees or vegetation on public right-of
1037 way for the sign face to be visible from the highway the sign
1038 will be permitted to when the sign owner has removed at least
1039 two nonconforming signs of approximate comparable size and
1040 surrendered the permits for the nonconforming signs to the
1041 department for cancellation. For signs originally permitted
1042 after July 1, 1996, the first application, or application for a
1043 change of view zone, no permit for the removal, cutting, or
1044 trimming of trees or vegetation along the highway the sign is
1045 permitted to shall require the removal of two nonconforming
1046 signs, in addition to mitigation or contribution to a plan of
1047 mitigation. The department may not grant a permit for the
1048 removal, cutting, or trimming of trees for a sign permitted
1049 after July 1, 1996, if the shall be granted where such trees are
1050 or the vegetation is are part of a beautification project
1051 implemented before prior to the date of the original sign permit
1052 application and if, when the beautification project is
1053 specifically identified in the department’s construction plans,
1054 permitted landscape projects, or agreements.
1055 (7) Any person engaging in removal, cutting, or trimming of
1056 trees or vegetation in violation of this section or benefiting
1057 from such actions shall be subject to an administrative penalty
1058 of up to $1,000 per sign facing and required to mitigate for the
1059 unauthorized removal, cutting, or trimming in such manner and in
1060 such amount as may be required under the rules of the
1061 department.
1062 Section 14. Subsection (5) of section 479.107, Florida
1063 Statutes, is amended to read:
1064 479.107 Signs on highway rights-of-way; removal.—
1065 (5) The cost of removing a sign, whether by the department
1066 or an independent contractor, shall be assessed by the
1067 department against the owner of the sign. Furthermore, the
1068 department shall assess a fine of $75 against the sign owner for
1069 any sign which violates the requirements of this section.
1070 Section 15. Section 479.111, Florida Statutes, is amended
1071 to read:
1072 479.111 Specified signs allowed within controlled portions
1073 of the interstate and federal-aid primary highway system.—Only
1074 the following signs shall be allowed within controlled portions
1075 of the interstate highway system and the federal-aid primary
1076 highway system as set forth in s. 479.11(1) and (2):
1077 (1) Directional or other official signs and notices that
1078 which conform to 23 C.F.R. ss. 750.151-750.155.
1079 (2) Signs in commercial-zoned and industrial-zoned areas or
1080 commercial-unzoned and industrial-unzoned areas and within 660
1081 feet of the nearest edge of the right-of-way, subject to the
1082 requirements set forth in the 1972 agreement between the state
1083 and the United States Department of Transportation.
1084 (3) Signs for which permits are not required under s.
1085 479.16.
1086 Section 16. Section 479.15, Florida Statutes, is amended to
1087 read:
1088 479.15 Harmony of regulations.—
1089 (1) A No zoning board or commission or other public officer
1090 or agency may not shall issue a permit to erect a any sign that
1091 which is prohibited under the provisions of this chapter or the
1092 rules of the department, and nor shall the department may not
1093 issue a permit for a any sign that which is prohibited by any
1094 other public board, officer, or agency in the lawful exercise of
1095 its powers.
1096 (2) A municipality, county, local zoning authority, or
1097 other local governmental entity may not remove, or cause to be
1098 removed, a any lawfully erected sign along any portion of the
1099 interstate or federal-aid primary highway system without first
1100 paying just compensation for such removal. A local governmental
1101 entity may not cause in any way the alteration of a any lawfully
1102 erected sign located along any portion of the interstate or
1103 federal-aid primary highway system without payment of just
1104 compensation if such alteration constitutes a taking under state
1105 law. The municipality, county, local zoning authority, or other
1106 local governmental government entity that adopts requirements
1107 for such alteration shall pay just compensation to the sign
1108 owner if such alteration constitutes a taking under state law.
1109 This subsection applies only to a lawfully erected sign the
1110 subject matter of which relates to premises other than the
1111 premises on which it is located or to merchandise, services,
1112 activities, or entertainment not sold, produced, manufactured,
1113 or furnished on the premises on which the sign is located. As
1114 used in this subsection, the term “federal-aid primary highway
1115 system” means the federal-aid primary highway system in
1116 existence on June 1, 1991, and any highway that was not a part
1117 of such system as of that date but that is or becomes after June
1118 1, 1991, a part of the National Highway System. This subsection
1119 may shall not be interpreted as explicit or implicit legislative
1120 recognition that alterations do or do not constitute a taking
1121 under state law.
1122 (3) It is the express intent of the Legislature to limit
1123 the state right-of-way acquisition costs on state and federal
1124 roads in eminent domain proceedings, the provisions of ss.
1125 479.07 and 479.155 notwithstanding. Subject to approval by the
1126 Federal Highway Administration, if whenever public acquisition
1127 of land upon which is situated a lawful permitted nonconforming
1128 sign occurs, as provided in this chapter, the sign may, at the
1129 election of its owner and the department, be relocated or
1130 reconstructed adjacent to the new right-of-way and in close
1131 proximity to the current site if along the roadway within 100
1132 feet of the current location, provided the nonconforming sign is
1133 not relocated in an area inconsistent with s. 479.024. on a
1134 parcel zoned residential, and provided further that Such
1135 relocation is shall be subject to the applicable setback
1136 requirements in the 1972 agreement between the state and the
1137 United States Department of Transportation. The sign owner shall
1138 pay all costs associated with relocating or reconstructing a any
1139 sign under this subsection, and neither the state or nor any
1140 local government may not shall reimburse the sign owner for such
1141 costs, unless part of such relocation costs is are required by
1142 federal law. If no adjacent property is not available for the
1143 relocation, the department is shall be responsible for paying
1144 the owner of the sign just compensation for its removal.
1145 (4) For a nonconforming sign, Such relocation shall be
1146 adjacent to the current site and the face of the sign may shall
1147 not be increased in size or height or structurally modified at
1148 the point of relocation in a manner inconsistent with the
1149 current building codes of the jurisdiction in which the sign is
1150 located.
1151 (5) If In the event that relocation can be accomplished but
1152 is inconsistent with the ordinances of the municipality or
1153 county within whose jurisdiction the sign is located, the
1154 ordinances of the local government shall prevail if, provided
1155 that the local government assumes shall assume the
1156 responsibility to provide the owner of the sign just
1157 compensation for its removal., but in no event shall
1158 Compensation paid by the local government may not be greater
1159 than exceed the compensation required under state or federal
1160 law. Further, the provisions of This section does shall not
1161 impair any agreement or future agreements between a municipality
1162 or county and the owner of a sign or signs within the
1163 jurisdiction of the municipality or county. Nothing in this
1164 section shall be deemed to cause a nonconforming sign to become
1165 conforming solely as a result of the relocation allowed in this
1166 section.
1167 (6) The provisions of Subsections (3), (4), and (5) do of
1168 this section shall not apply within the jurisdiction of a any
1169 municipality that which is engaged in any litigation concerning
1170 its sign ordinance on April 23, 1999, and the subsections do not
1171 nor shall such provisions apply to a any municipality whose
1172 boundaries are identical to the county within which the said
1173 municipality is located.
1174 (7) This section does not cause a neighboring sign that is
1175 already permitted and that is within the spacing requirements
1176 established in s. 479.07(9)(a) to become nonconforming.
1177 Section 17. Section 479.156, Florida Statutes, is amended
1178 to read:
1179 479.156 Wall murals.—Notwithstanding any other provision of
1180 this chapter, a municipality or county may permit and regulate
1181 wall murals within areas designated by such government. If a
1182 municipality or county permits wall murals, a wall mural that
1183 displays a commercial message and is within 660 feet of the
1184 nearest edge of the right-of-way within an area adjacent to the
1185 interstate highway system or the federal-aid primary highway
1186 system shall be located only in an area that is zoned for
1187 industrial or commercial use pursuant to s. 479.024. and The
1188 municipality or county shall establish and enforce regulations
1189 for such areas which that, at a minimum, set forth criteria
1190 governing the size, lighting, and spacing of wall murals
1191 consistent with the intent of 23 U.S.C. s. 131 the Highway
1192 Beautification Act of 1965 and with customary use. If Whenever a
1193 municipality or county exercises such control and makes a
1194 determination of customary use pursuant to 23 U.S.C. s. 131(d),
1195 such determination shall be accepted in lieu of controls in the
1196 agreement between the state and the United States Department of
1197 Transportation, and the department shall notify the Federal
1198 Highway Administration pursuant to the agreement, 23 U.S.C. s.
1199 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
1200 subject to municipal or county regulation and 23 U.S.C. s. 131
1201 the Highway Beautification Act of 1965 must be approved by the
1202 Department of Transportation and the Federal Highway
1203 Administration when required by federal law and federal
1204 regulation under the agreement between the state and the United
1205 States Department of Transportation and federal regulations
1206 enforced by the Department of Transportation under s. 479.02(1).
1207 The existence of a wall mural as defined in s. 479.01(30) must
1208 shall not be considered in determining whether a sign as defined
1209 in s. 479.01(20), either existing or new, is in compliance with
1210 s. 479.07(9)(a).
1211 Section 18. Section 479.16, Florida Statutes, is amended to
1212 read:
1213 479.16 Signs for which permits are not required.—The
1214 following signs are exempt from the requirement that a permit
1215 for a sign be obtained under the provisions of this chapter but
1216 are required to comply with the provisions of s. 479.11(4)-(8),
1217 and the provisions of subsections (15)-(19) may not be
1218 implemented or continued if the Federal Government notifies the
1219 department that implementation or continuation will adversely
1220 affect the allocation of federal funds to the department:
1221 (1) Signs erected on the premises of an establishment,
1222 which signs consist primarily of the name of the establishment
1223 or which identify the principal or accessory merchandise,
1224 services, activities, or entertainment sold, produced,
1225 manufactured, or furnished on the premises of the establishment
1226 and which comply with the lighting restrictions imposed under
1227 department rule adopted pursuant to s. 479.11(5), or signs owned
1228 by a municipality or a county located on the premises of such
1229 municipality or such county which display information regarding
1230 governmental government services, activities, events, or
1231 entertainment. For purposes of this section, the following types
1232 of messages are shall not be considered information regarding
1233 governmental government services, activities, events, or
1234 entertainment:
1235 (a) Messages that which specifically reference any
1236 commercial enterprise.
1237 (b) Messages that which reference a commercial sponsor of
1238 any event.
1239 (c) Personal messages.
1240 (d) Political campaign messages.
1241
1242 If a sign located on the premises of an establishment consists
1243 principally of brand name or trade name advertising and the
1244 merchandise or service is only incidental to the principal
1245 activity, or if the owner of the establishment receives rental
1246 income from the sign, then the sign is not exempt under this
1247 subsection.
1248 (2) Signs erected, used, or maintained on a farm by the
1249 owner or lessee of such farm and relating solely to farm
1250 produce, merchandise, service, or entertainment sold, produced,
1251 manufactured, or furnished on such farm.
1252 (3) Signs posted or displayed on real property by the owner
1253 or by the authority of the owner, stating that the real property
1254 is for sale or rent. However, if the sign contains any message
1255 not pertaining to the sale or rental of the that real property,
1256 then it is not exempt under this section.
1257 (4) Official notices or advertisements posted or displayed
1258 on private property by or under the direction of any public or
1259 court officer in the performance of her or his official or
1260 directed duties, or by trustees under deeds of trust or deeds of
1261 assignment or other similar instruments.
1262 (5) Danger or precautionary signs relating to the premises
1263 on which they are located; forest fire warning signs erected
1264 under the authority of the Florida Forest Service of the
1265 Department of Agriculture and Consumer Services; and signs,
1266 notices, or symbols erected by the United States Government
1267 under the direction of the United States Forest Forestry
1268 Service.
1269 (6) Notices of any railroad, bridge, ferry, or other
1270 transportation or transmission company necessary for the
1271 direction or safety of the public.
1272 (7) Signs, notices, or symbols for the information of
1273 aviators as to location, directions, and landings and conditions
1274 affecting safety in aviation erected or authorized by the
1275 department.
1276 (8) Signs or notices measuring up to 8 square feet in area
1277 which are erected or maintained upon property and which state
1278 stating only the name of the owner, lessee, or occupant of the
1279 premises and not exceeding 8 square feet in area.
1280 (9) Historical markers erected by duly constituted and
1281 authorized public authorities.
1282 (10) Official traffic control signs and markers erected,
1283 caused to be erected, or approved by the department.
1284 (11) Signs erected upon property warning the public against
1285 hunting and fishing or trespassing thereon.
1286 (12) Signs not in excess of up to 8 square feet which that
1287 are owned by and relate to the facilities and activities of
1288 churches, civic organizations, fraternal organizations,
1289 charitable organizations, or units or agencies of government.
1290 (13) Except that Signs placed on benches, transit shelters,
1291 modular news racks, street light poles, public pay telephones,
1292 and waste receptacles, within the right-of-way, as provided for
1293 in s. 337.408 are exempt from all provisions of this chapter.
1294 (14) Signs relating exclusively to political campaigns.
1295 (15) Signs measuring up to not in excess of 16 square feet
1296 placed at a road junction with the State Highway System denoting
1297 only the distance or direction of a residence or farm operation,
1298 or, outside an incorporated in a rural area where a hardship is
1299 created because a small business is not visible from the road
1300 junction with the State Highway System, one sign measuring up to
1301 not in excess of 16 square feet, denoting only the name of the
1302 business and the distance and direction to the business. The
1303 small-business-sign provision of this subsection does not apply
1304 to charter counties and may not be implemented if the Federal
1305 Government notifies the department that implementation will
1306 adversely affect the allocation of federal funds to the
1307 department.
1308 (16) Signs placed by a local tourist-oriented business
1309 located within a rural area of critical economic concern as
1310 defined in s. 288.0656(2) which are:
1311 (a) Not more than 8 square feet in size or more than 4 feet
1312 in height;
1313 (b) Located only in rural areas on a facility that does not
1314 meet the definition of a limited access facility, as defined in
1315 s. 334.03;
1316 (c) Located within 2 miles of the business location and at
1317 least 500 feet apart;
1318 (d) Located only in two directions leading to the business;
1319 and
1320 (e) Not located within the road right-of-way.
1321
1322 A business placing such signs must be at least 4 miles from any
1323 other business using this exemption and may not participate in
1324 any other directional signage program by the department.
1325 (17) Signs measuring up to 32 square feet denoting only the
1326 distance or direction of a farm operation which are erected at a
1327 road junction with the State Highway System, but only during the
1328 harvest season of the farm operation for up to 4 months.
1329 (18) Acknowledgment signs erected upon publicly funded
1330 school premises which relate to a specific public school club,
1331 team, or event and which are placed at least 1,000 feet from any
1332 other acknowledgment sign on the same side of the roadway. The
1333 sponsor information on an acknowledgment sign may constitute no
1334 more than 100 square feet of the sign. As used in this
1335 subsection, the term “acknowledgment sign” means a sign that is
1336 intended to inform the traveling public that a public school
1337 club, team, or event has been sponsored by a person, firm, or
1338 other entity.
1339 (19) Displays erected upon a sports facility, the content
1340 of which is directly related to the facility’s activities or to
1341 the facility’s products or services. Displays must be mounted
1342 flush to the surface of the sports facility and must rely upon
1343 the building facade for structural support. As used in this
1344 subsection, the term “sports facility” means an athletic
1345 complex, athletic arena, or athletic stadium, including
1346 physically connected parking facilities, which is open to the
1347 public and has a seating capacity of 15,000 or more permanently
1348 installed seats.
1349
1350 If the exemptions in subsections (15)-(19) are not implemented
1351 or continued due to notification from the Federal Government
1352 that the allocation of federal funds to the department will be
1353 adversely impacted, the department shall provide notice to the
1354 sign owner that the sign must be removed within 30 days after
1355 receipt of the notice. If the sign is not removed within 30 days
1356 after receipt of the notice by the sign owner, the department
1357 may remove the sign, and the costs incurred in connection with
1358 the sign removal shall be assessed against and collected from
1359 the sign owner.
1360 Section 19. Section 479.24, Florida Statutes, is amended to
1361 read:
1362 479.24 Compensation for removal of signs; eminent domain;
1363 exceptions.—
1364 (1) Just compensation shall be paid by the department upon
1365 the department’s acquisition removal of a lawful conforming or
1366 nonconforming sign along any portion of the interstate or
1367 federal-aid primary highway system. This section does not apply
1368 to a sign that which is illegal at the time of its removal. A
1369 sign loses will lose its nonconforming status and becomes become
1370 illegal at such time as it fails to be permitted or maintained
1371 in accordance with all applicable laws, rules, ordinances, or
1372 regulations other than the provision that which makes it
1373 nonconforming. A legal nonconforming sign under state law or
1374 rule does will not lose its nonconforming status solely because
1375 it additionally becomes nonconforming under an ordinance or
1376 regulation of a local governmental entity passed at a later
1377 date. The department shall make every reasonable effort to
1378 negotiate the purchase of the signs to avoid litigation and
1379 congestion in the courts.
1380 (2) The department is not required to remove any sign under
1381 this section if the federal share of the just compensation to be
1382 paid upon removal of the sign is not available to make such
1383 payment, unless an appropriation by the Legislature for such
1384 purpose is made to the department.
1385 (3)(a) The department may is authorized to use the power of
1386 eminent domain when necessary to carry out the provisions of
1387 this chapter.
1388 (b) If eminent domain procedures are instituted, just
1389 compensation shall be made pursuant to the state’s eminent
1390 domain procedures, chapters 73 and 74.
1391 Section 20. Section 479.25, Florida Statutes, is amended to
1392 read:
1393 479.25 Erection of noise-attenuation barrier blocking view
1394 of sign; procedures; application.—
1395 (1) The owner of a lawfully erected sign that is governed
1396 by and conforms to state and federal requirements for land use,
1397 size, height, and spacing may increase the height above ground
1398 level of such sign at its permitted location if a noise
1399 attenuation barrier is permitted by or erected by any
1400 governmental entity in such a way as to screen or block
1401 visibility of the sign. Any increase in height permitted under
1402 this section may only be the increase in height which is
1403 required to achieve the same degree of visibility from the
1404 right-of-way which the sign had before prior to the construction
1405 of the noise-attenuation barrier, notwithstanding the
1406 restrictions contained in s. 479.07(9)(b). A sign reconstructed
1407 under this section must shall comply with the building standards
1408 and wind load requirements provided set forth in the Florida
1409 Building Code. If construction of a proposed noise-attenuation
1410 barrier will screen a sign lawfully permitted under this
1411 chapter, the department shall provide notice to the local
1412 government or local jurisdiction within which the sign is
1413 located before construction prior to erection of the noise
1414 attenuation barrier. Upon a determination that an increase in
1415 the height of a sign as permitted under this section will
1416 violate a provision contained in an ordinance or a land
1417 development regulation of the local government or local
1418 jurisdiction, the local government or local jurisdiction shall,
1419 before construction so notify the department. When notice has
1420 been received from the local government or local jurisdiction
1421 prior to erection of the noise-attenuation barrier, the
1422 department shall:
1423 (a) Provide a variance or waiver to the local ordinance or
1424 land development regulations to Conduct a written survey of all
1425 property owners identified as impacted by highway noise and who
1426 may benefit from the proposed noise-attenuation barrier. The
1427 written survey shall inform the property owners of the location,
1428 date, and time of the public hearing described in paragraph (b)
1429 and shall specifically advise the impacted property owners that:
1430 1. Erection of the noise-attenuation barrier may block the
1431 visibility of an existing outdoor advertising sign;
1432 2. The local government or local jurisdiction may restrict
1433 or prohibit increasing the height of the existing outdoor
1434 advertising sign to make it visible over the barrier; and
1435 3. If a majority of the impacted property owners vote for
1436 construction of the noise-attenuation barrier, the local
1437 government or local jurisdiction will be required to:
1438 a. allow an increase in the height of the sign in violation
1439 of a local ordinance or land development regulation;
1440 (b)b. Allow the sign to be relocated or reconstructed at
1441 another location if the sign owner agrees; or
1442 (c)c. Pay the fair market value of the sign and its
1443 associated interest in the real property.
1444 (2)(b) The department shall hold a public hearing within
1445 the boundaries of the affected local governments or local
1446 jurisdictions to receive input on the proposed noise-attenuation
1447 barrier and its conflict with the local ordinance or land
1448 development regulation and to suggest or consider alternatives
1449 or modifications to the proposed noise-attenuation barrier to
1450 alleviate or minimize the conflict with the local ordinance or
1451 land development regulation or minimize any costs that may be
1452 associated with relocating, reconstructing, or paying for the
1453 affected sign. The public hearing may be held concurrently with
1454 other public hearings scheduled for the project. The department
1455 shall provide a written notification to the local government or
1456 local jurisdiction of the date and time of the public hearing
1457 and shall provide general notice of the public hearing in
1458 accordance with the notice provisions of s. 335.02(1). The
1459 notice may shall not be placed in that portion of a newspaper in
1460 which legal notices or classified advertisements appear. The
1461 notice must shall specifically state that:
1462 (a)1. Erection of the proposed noise-attenuation barrier
1463 may block the visibility of an existing outdoor advertising
1464 sign;
1465 (b)2. The local government or local jurisdiction may
1466 restrict or prohibit increasing the height of the existing
1467 outdoor advertising sign to make it visible over the barrier;
1468 and
1469 (c)3. Upon If a majority of the impacted property owners
1470 vote for construction of the noise-attenuation barrier, the
1471 local government or local jurisdiction shall will be required
1472 to:
1473 1.a. Allow an increase in the height of the sign through a
1474 waiver or variance to in violation of a local ordinance or land
1475 development regulation;
1476 2.b. Allow the sign to be relocated or reconstructed at
1477 another location if the sign owner agrees; or
1478 3.c. Pay the fair market value of the sign and its
1479 associated interest in the real property.
1480 (3)(2) The department may shall not permit erection of the
1481 noise-attenuation barrier to the extent the barrier screens or
1482 blocks visibility of the sign until after the public hearing is
1483 held and until such time as the survey has been conducted and a
1484 majority of the impacted property owners have indicated approval
1485 to erect the noise-attenuation barrier. When the impacted
1486 property owners approve of the noise-attenuation barrier
1487 construction, the department shall notify the local governments
1488 or local jurisdictions. The local government or local
1489 jurisdiction shall, notwithstanding the provisions of a
1490 conflicting ordinance or land development regulation:
1491 (a) Issue a permit by variance or otherwise for the
1492 reconstruction of a sign under this section;
1493 (b) Allow the relocation of a sign, or construction of
1494 another sign, at an alternative location that is permittable
1495 under the provisions of this chapter, if the sign owner agrees
1496 to relocate the sign or construct another sign; or
1497 (c) Refuse to issue the required permits for reconstruction
1498 of a sign under this section and pay fair market value of the
1499 sign and its associated interest in the real property to the
1500 owner of the sign.
1501 (4)(3) This section does shall not apply to the provisions
1502 of any existing written agreement executed before July 1, 2006,
1503 between any local government and the owner of an outdoor
1504 advertising sign.
1505 Section 21. Subsection (1) of section 479.261, Florida
1506 Statutes, is amended to read:
1507 479.261 Logo sign program.—
1508 (1) The department shall establish a logo sign program for
1509 the rights-of-way of the limited access interstate highway
1510 system to provide information to motorists about available gas,
1511 food, lodging, camping, attractions, and other services, as
1512 approved by the Federal Highway Administration, at interchanges
1513 through the use of business logos and may include additional
1514 interchanges under the program.
1515 (a) As used in this chapter, the term “attraction” means an
1516 establishment, site, facility, or landmark that is open a
1517 minimum of 5 days a week for 52 weeks a year; that has as its
1518 principal focus family-oriented entertainment, cultural,
1519 educational, recreational, scientific, or historical activities;
1520 and that is publicly recognized as a bona fide tourist
1521 attraction.
1522 (b) The department shall incorporate the use of RV-friendly
1523 markers on specific information logo signs for establishments
1524 that cater to the needs of persons driving recreational
1525 vehicles. Establishments that qualify for participation in the
1526 specific information logo program and that also qualify as “RV
1527 friendly” may request the RV-friendly marker on their specific
1528 information logo sign. An RV-friendly marker must consist of a
1529 design approved by the Federal Highway Administration. The
1530 department shall adopt rules in accordance with chapter 120 to
1531 administer this paragraph. Such rules must establish minimum
1532 requirements for parking spaces, entrances and exits, and
1533 overhead clearance which must be met by, including rules setting
1534 forth the minimum requirements that establishments that wish
1535 must meet in order to qualify as RV-friendly. These requirements
1536 shall include large parking spaces, entrances, and exits that
1537 can easily accommodate recreational vehicles and facilities
1538 having appropriate overhead clearances, if applicable.
1539 Section 22. Subsection (1) of section 479.262, Florida
1540 Statutes, is amended to read:
1541 479.262 Tourist-oriented directional sign program.—
1542 (1) A tourist-oriented directional sign program to provide
1543 directions to rural tourist-oriented businesses, services, and
1544 activities may be established at intersections on rural and
1545 conventional state, county, or municipal roads only in rural
1546 counties identified by criteria and population in s. 288.0656
1547 when approved and permitted by county or local governmental
1548 government entities within their respective jurisdictional areas
1549 at intersections on rural and conventional state, county, or
1550 municipal roads. A county or local government that which issues
1551 permits for a tourist-oriented directional sign program is shall
1552 be responsible for sign construction, maintenance, and program
1553 operation in compliance with subsection (3) for roads on the
1554 state highway system and may establish permit fees sufficient to
1555 offset associated costs. A tourist-oriented directional sign may
1556 not be used on roads in urban areas or at interchanges on
1557 freeways or expressways.
1558 Section 23. Section 479.313, Florida Statutes, is amended
1559 to read:
1560 479.313 Permit revocation and cancellation; cost of
1561 removal.—All costs incurred by the department in connection with
1562 the removal of a sign located within a controlled area adjacent
1563 to the State Highway System, interstate highway system, or
1564 federal-aid primary highway system following the revocation or
1565 cancellation of the permit for such sign shall be assessed
1566 against and collected from the permittee.
1567 Section 24. Section 76 of chapter 2012-174, Laws of
1568 Florida, is repealed.
1569 Section 25. This act shall take effect July 1, 2014.