1 | A bill to be entitled |
2 | An act relating to transportation; amending s. 479.261, |
3 | F.S.; revising requirements for the logo sign program of |
4 | the interstate highway system; revising the definition of |
5 | the term "attraction"; removing provisions for permits to |
6 | be awarded to the highest bidders; authorizing the |
7 | department to implement a rotation-based logo program; |
8 | revising contract provisions for related services; |
9 | requiring the department to adopt rules that set |
10 | reasonable rates based on certain factors for annual |
11 | permit fees; requiring that such fees not exceed a certain |
12 | amount for certain sign locations; providing for |
13 | distribution of proceeds from such fees; providing an |
14 | effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsections (1), (3), (4), and (5) of section |
19 | 479.261, Florida Statutes, are amended to read: |
20 | 479.261 Logo sign program.-- |
21 | (1) The department shall establish a logo sign program for |
22 | the rights-of-way of the interstate highway system to provide |
23 | information to motorists about available gas, food, lodging, and |
24 | camping, attractions, and other services, as approved by the |
25 | Federal Highway Administration, at interchanges, through the use |
26 | of business logos, and may include additional interchanges under |
27 | the program. A logo sign for nearby attractions may be added to |
28 | this program if allowed by federal rules. |
29 | (a) As used in this chapter, the term An "attraction" |
30 | means as used in this chapter is defined as an establishment, |
31 | site, facility, or landmark that which is open a minimum of 5 |
32 | days a week for 52 weeks a year; that which charges an admission |
33 | for entry; which has as its principal focus family-oriented |
34 | entertainment, cultural, educational, recreational, scientific, |
35 | or historical activities; and that which is publicly recognized |
36 | as a bona fide tourist attraction. However, the permits for |
37 | businesses seeking to participate in the attractions logo sign |
38 | program shall be awarded by the department annually to the |
39 | highest bidders, notwithstanding the limitation on fees in |
40 | subsection (5), which are qualified for available space at each |
41 | qualified location, but the fees therefor may not be less than |
42 | the fees established for logo participants in other logo |
43 | categories. |
44 | (b) The department shall incorporate the use of RV- |
45 | friendly markers on specific information logo signs for |
46 | establishments that cater to the needs of persons driving |
47 | recreational vehicles. Establishments that qualify for |
48 | participation in the specific information logo program and that |
49 | also qualify as "RV-friendly" may request the RV-friendly marker |
50 | on their specific information logo sign. An RV-friendly marker |
51 | must consist of a design approved by the Federal Highway |
52 | Administration. The department shall adopt rules in accordance |
53 | with chapter 120 to administer this paragraph, including rules |
54 | setting forth the minimum requirements that establishments must |
55 | meet in order to qualify as RV-friendly. These requirements |
56 | shall include large parking spaces, entrances, and exits that |
57 | can easily accommodate recreational vehicles and facilities |
58 | having appropriate overhead clearances, if applicable. |
59 | (c) The department may implement a 3-year, rotation-based |
60 | logo program providing for the removal and addition of |
61 | participating businesses in the program. |
62 | (3) Logo signs may be installed upon the issuance of an |
63 | annual permit by the department or its agent and payment of a an |
64 | application and permit fee to the department or its agent. |
65 | (4) The department may contract pursuant to s. 287.057 for |
66 | the provision of services related to the logo sign program, |
67 | including recruitment and qualification of businesses, review of |
68 | applications, permit issuance, and fabrication, installation, |
69 | and maintenance of logo signs. The department may reject all |
70 | proposals and seek another request for proposals or otherwise |
71 | perform the work. If the department contracts for the provision |
72 | of services for the logo sign program, the contract must |
73 | require, unless the business owner declines, that businesses |
74 | that previously entered into agreements with the department to |
75 | privately fund logo sign construction and installation be |
76 | reimbursed by the contractor for the cost of the signs which has |
77 | not been recovered through a previously agreed upon waiver of |
78 | fees. The contract also may allow the contractor to retain a |
79 | portion of the annual fees as compensation for its services. |
80 | (5) At a minimum, permit fees for businesses that |
81 | participate in the program must be established in an amount |
82 | sufficient to offset the total cost to the department for the |
83 | program, including contract costs. The department shall provide |
84 | the services in the most efficient and cost-effective manner |
85 | through department staff or by contracting for some or all of |
86 | the services. The department shall adopt rules that set |
87 | reasonable rates based upon factors such as population, traffic |
88 | volume, market demand, and costs for annual permit fees. |
89 | However, annual permit fees for sign locations inside an urban |
90 | area, as defined in s. 334.03(32), may not exceed $5,000 and |
91 | annual permit fees for sign locations outside an urban area, as |
92 | defined in s. 334.03(32), may not exceed $2,500. After |
93 | recovering program costs, the proceeds from the annual permit |
94 | fees shall be deposited into the State Transportation Trust Fund |
95 | and used for transportation purposes. Such annual permit fee |
96 | shall not exceed $1,250. |
97 | Section 2. This act shall take effect upon becoming a law. |