Florida Senate - 2013 CS for SB 1632
By the Committee on Transportation; and Senator Latvala
596-02422-13 20131632c1
1 A bill to be entitled
2 An act relating to transportation; amending s. 337.25,
3 F.S.; authorizing the Department of Transportation to
4 use auction services in the conveyance of certain
5 property or leasehold interests; revising certain
6 inventory requirements; revising provisions and
7 providing criteria for the department to dispose of
8 certain excess property; providing such criteria for
9 the disposition of donated property, property used for
10 a public purpose, or property acquired to provide
11 replacement housing for certain displaced persons;
12 providing value offsets for property that requires
13 significant maintenance costs or exposes the
14 department to significant liability; providing
15 procedures for the sale of property to abutting
16 property owners; deleting provisions to conform to
17 changes made by the act; providing monetary
18 restrictions and criteria for the conveyance of
19 certain leasehold interests; providing exceptions to
20 restrictions for leases entered into for a public
21 purpose; providing criteria for the preparation of
22 estimates of value prepared by the department;
23 providing that the requirements of s. 73.013, F.S.,
24 relating to eminent domain, are not modified;
25 providing that certain programs approved by the
26 Federal Government relating to the maintenance of
27 highway roadside rights-of-way must be submitted to
28 the Legislature for approval; amending provisions of
29 ch. 479, F.S., relating to outdoor advertising signs;
30 amending s. 479.01, F.S.; revising and deleting
31 definitions; amending s. 479.02, F.S.; revising powers
32 of the department relating to nonconforming signs;
33 deleting a requirement that the department adopt
34 certain rules; creating s. 479.024, F.S.; limiting the
35 placement of signs in commercial or industrial zones;
36 defining the terms “parcel” and “utilities”; providing
37 mandatory criteria for local governments to use in
38 determining zoning for commercial or industrial
39 parcels; providing that certain parcels are considered
40 unzoned commercial or industrial areas; providing that
41 specified uses may not be independently recognized as
42 commercial or industrial areas; providing an appeal
43 process for an applicant whose permit is denied;
44 requiring an applicant whose application is denied to
45 remove an existing sign pertaining to the application;
46 requiring the department to reduce certain
47 transportation funding in certain circumstances;
48 amending s. 479.03, F.S.; providing for notice to
49 owners of intervening privately owned lands before
50 entering upon such lands to remove an illegal sign;
51 amending s. 479.04, F.S.; providing that an outdoor
52 advertising license is not required solely to erect
53 outdoor signs or structures; amending s. 479.05, F.S.;
54 authorizing the department to suspend a license for
55 certain offenses and specifying activities that the
56 licensee may engage in during the suspension; amending
57 s. 479.07, F.S.; revising requirements for obtaining
58 sign permits; conforming and clarifying provisions;
59 increasing the allowable permit fee and requiring an
60 application fee; revising sign placement requirements
61 for signs on certain highways; deleting provisions
62 that establish a pilot program relating to placement
63 and removing a permit reinstatement fee; amending s.
64 479.08, F.S.; clarifying provisions relating to the
65 denial or revocation of a permit because of false or
66 misleading information in the permit application;
67 amending s. 479.10, F.S.; providing for cancellation
68 of a permit; amending s. 479.105, F.S.; revising
69 notice requirements to owners and advertisers relating
70 to signs erected or maintained without a permit;
71 revising procedures providing for the department to
72 issue a permit as a conforming or nonconforming sign
73 to the owner of an unpermitted sign; amending s.
74 479.106, F.S.; deleting limits on application fees for
75 permits to remove vegetation on public rights-of-way;
76 increasing an administrative penalty for illegally
77 removing certain vegetation; amending s. 479.107,
78 F.S.; deleting fines for certain signs on highway
79 rights-of-way; amending s. 479.111, F.S.; clarifying
80 provisions relating to signs allowed on certain
81 highways; amending s. 479.15, F.S.; deleting a
82 definition; clarifying and conforming provisions
83 related to permitted signs on property that is the
84 subject of public acquisition; amending s. 479.156,
85 F.S.; clarifying provisions related to the regulation
86 of wall murals; amending s. 479.16, F.S.; providing
87 that certain provisions relating to the regulation of
88 signs may not be implemented or continued if such
89 actions will adversely affect the allocation of
90 federal funds to the department; exempting from permit
91 requirements certain signs placed by tourist-oriented
92 businesses, certain farm signs during harvest season,
93 acknowledgement signs on publicly funded school
94 premises, certain displays on specific sports
95 facilities, and certain signs at welcome centers;
96 amending s. 479.24, F.S.; clarifying provisions
97 relating to compensation paid for the department’s
98 acquisition of lawful signs; amending s. 479.25, F.S.;
99 requiring a local government to grant a variance or
100 waiver to a local ordinance or regulation to allow the
101 owner of a lawfully permitted sign to increase the
102 height of the sign if a noise-attenuation barrier is
103 permitted by or erected by a governmental entity in a
104 way that interferes with the visibility of the sign;
105 deleting provisions to conform; amending s. 479.261,
106 F.S.; conforming provisions related to a logo sign
107 program on limited access highways; amending s.
108 479.313, F.S.; requiring a permittee to pay the cost
109 of removing certain signs following the cancellation
110 of the permit for the sign; repealing s. 76 of chapter
111 2012-174, Laws of Florida, relating to authorizing the
112 department to seek Federal Highway Administration
113 approval of a tourist-oriented commerce sign pilot
114 program and directing the department to submit the
115 approved pilot program for legislative approval;
116 providing an effective date.
117
118 Be It Enacted by the Legislature of the State of Florida:
119
120 Section 1. Section 337.25, Florida Statutes, is amended to
121 read:
122 337.25 Acquisition, lease, and disposal of real and
123 personal property.—
124 (1)(a) The department may purchase, lease, exchange, or
125 otherwise acquire any land, property interests, or buildings or
126 other improvements, including personal property within such
127 buildings or on such lands, necessary to secure or utilize
128 transportation rights-of-way for existing, proposed, or
129 anticipated transportation facilities on the State Highway
130 System, on the State Park Road System, in a rail corridor, or in
131 a transportation corridor designated by the department. Such
132 property shall be held in the name of the state.
133 (b) The department may accept donations of any land or
134 buildings or other improvements, including personal property
135 within such buildings or on such lands with or without such
136 conditions, reservations, or reverter provisions as are
137 acceptable to the department. Such donations may be used as
138 transportation rights-of-way or to secure or utilize
139 transportation rights-of-way for existing, proposed, or
140 anticipated transportation facilities on the State Highway
141 System, on the State Park Road System, or in a transportation
142 corridor designated by the department.
143 (c) When lands, buildings, or other improvements are needed
144 for transportation purposes, but are held by a federal, state,
145 or local governmental entity and utilized for public purposes
146 other than transportation, the department may compensate the
147 entity for such properties by providing functionally equivalent
148 replacement facilities. The providing of replacement facilities
149 under this subsection may only be undertaken with the agreement
150 of the governmental entity affected.
151 (d) The department may contract pursuant to s. 287.055 for
152 auction services used in the conveyance of real or personal
153 property or the conveyance of leasehold interests under the
154 provisions of subsections (4) and (5). The contract may allow
155 for the contractor to retain a portion of the proceeds as
156 compensation for the contractor’s services.
157 (2) A complete inventory shall be made of all real or
158 personal property immediately upon possession or acquisition.
159 Such inventory shall include a statement of the location or site
160 of each piece of realty, structure, or severable item an
161 itemized listing of all appliances, fixtures, and other
162 severable items; a statement of the location or site of each
163 piece of realty, structure, or severable item; and the serial
164 number assigned to each. Copies of each inventory shall be filed
165 in the district office in which the property is located. Such
166 inventory shall be carried forward to show the final disposition
167 of each item of property, both real and personal.
168 (3) The inventory of real property which was acquired by
169 the state after December 31, 1988, which has been owned by the
170 state for 10 or more years, and which is not within a
171 transportation corridor or within the right-of-way of a
172 transportation facility shall be evaluated to determine the
173 necessity for retaining the property. If the property is not
174 needed for the construction, operation, and maintenance of a
175 transportation facility, or is not located within a
176 transportation corridor, the department may dispose of the
177 property pursuant to subsection (4).
178 (4) The department may convey sell, in the name of the
179 state, any land, building, or other property, real or personal,
180 which was acquired under the provisions of subsection (1) and
181 which the department has determined is not needed for the
182 construction, operation, and maintenance of a transportation
183 facility. With the exception of any parcel governed by paragraph
184 (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
185 (i), the department shall afford first right of refusal to the
186 local government in the jurisdiction of which the parcel is
187 situated. When such a determination has been made, property may
188 be disposed of through negotiations, sealed competitive bids,
189 auctions, or any other means the department deems to be in its
190 best interest. A sale may not occur at a price less than the
191 department’s current estimate of value, except as provided in
192 paragraphs (a)-(d). The department may afford a right of first
193 refusal to the local government or other political subdivision
194 in the jurisdiction in which the parcel is situated, except in
195 conveyances transacted under paragraph (a), paragraph (c), or
196 paragraph (e). in the following manner:
197 (a) If the value of the property has been donated to the
198 state for transportation purposes and a facility has not been
199 constructed for a period of at least 5 years, plans have not
200 been prepared for the construction of such facility, and the
201 property is not located in a transportation corridor, the
202 governmental entity may authorize reconveyance of the donated
203 property for no consideration to the original donor or the
204 donor’s heirs, successors, assigns, or representatives is
205 $10,000 or less as determined by department estimate, the
206 department may negotiate the sale.
207 (b) If the value of the property is to be used for a public
208 purpose, the property may be conveyed without consideration to a
209 governmental entity exceeds $10,000 as determined by department
210 estimate, such property may be sold to the highest bidder
211 through receipt of sealed competitive bids, after due
212 advertisement, or by public auction held at the site of the
213 improvement which is being sold.
214 (c) If the property was originally acquired specifically to
215 provide replacement housing for persons displaced by
216 transportation projects, the department may negotiate for the
217 sale of such property as replacement housing. As compensation,
218 the state shall receive no less than its investment in such
219 property or the department’s current estimate of value,
220 whichever is lower. It is expressly intended that this benefit
221 be extended only to persons actually displaced by the project.
222 Dispositions to any other person must be for no less than the
223 department’s current estimate of value, in the discretion of the
224 department, public sale would be inequitable, properties may be
225 sold by negotiation to the owner holding title to the property
226 abutting the property to be sold, provided such sale is at a
227 negotiated price not less than fair market value as determined
228 by an independent appraisal, the cost of which shall be paid by
229 the owner of the abutting land. If negotiations do not result in
230 the sale of the property to the owner of the abutting land and
231 the property is sold to someone else, the cost of the
232 independent appraisal shall be borne by the purchaser; and the
233 owner of the abutting land shall have the cost of the appraisal
234 refunded to him or her. If, however, no purchase takes place,
235 the owner of the abutting land shall forfeit the sum paid by him
236 or her for the independent appraisal. If, due to action of the
237 department, the property is removed from eligibility for sale,
238 the cost of any appraisal prepared shall be refunded to the
239 owner of the abutting land.
240 (d) If the department determines that the property will
241 require significant costs to be incurred or that continued
242 ownership of the property exposes the department to significant
243 liability risks, the department may use the projected
244 maintenance costs over the next 10 years to offset the
245 property’s value in establishing a value for disposal of the
246 property, even if that value is zero property acquired for use
247 as a borrow pit is no longer needed, the department may sell
248 such property to the owner of the parcel of abutting land from
249 which the borrow pit was originally acquired, provided the sale
250 is at a negotiated price not less than fair market value as
251 determined by an independent appraisal, the cost of which shall
252 be paid by the owner of such abutting land.
253 (e) If, in the discretion of the department, a sale to
254 anyone other than an abutting property owner would be
255 inequitable, the property may be sold to the abutting owner for
256 the department’s current estimate of value. If the department
257 begins the process for disposing of the property on its own
258 initiative, either by negotiation under the provisions of
259 paragraph (a), paragraph (c), or paragraph (d), or paragraph
260 (i), or by receipt of sealed competitive bids or public auction
261 under the provisions of paragraph (b) or paragraph (i), a
262 department staff appraiser may determine the fair market value
263 of the property by an appraisal.
264 (f) Any property which was acquired by a county or by the
265 department using constitutional gas tax funds for the purpose of
266 a right-of-way or borrow pit for a road on the State Highway
267 System, State Park Road System, or county road system and which
268 is no longer used or needed by the department may be conveyed
269 without consideration to that county. The county may then sell
270 such surplus property upon receipt of competitive bids in the
271 same manner prescribed in this section.
272 (g) If a property has been donated to the state for
273 transportation purposes and the facility has not been
274 constructed for a period of at least 5 years and no plans have
275 been prepared for the construction of such facility and the
276 property is not located in a transportation corridor, the
277 governmental entity may authorize reconveyance of the donated
278 property for no consideration to the original donor or the
279 donor’s heirs, successors, assigns, or representatives.
280 (h) If property is to be used for a public purpose, the
281 property may be conveyed without consideration to a governmental
282 entity.
283 (i) If property was originally acquired specifically to
284 provide replacement housing for persons displaced by
285 transportation projects, the department may negotiate for the
286 sale of such property as replacement housing. As compensation,
287 the state shall receive no less than its investment in such
288 properties or fair market value, whichever is lower. It is
289 expressly intended that this benefit be extended only to those
290 persons actually displaced by such project. Dispositions to any
291 other persons must be for fair market value.
292 (j) If the department determines that the property will
293 require significant costs to be incurred or that continued
294 ownership of the property exposes the department to significant
295 liability risks, the department may use the projected
296 maintenance costs over the next 5 years to offset the market
297 value in establishing a value for disposal of the property, even
298 if that value is zero.
299 (5) The department may convey a leasehold interest for
300 commercial or other purposes, in the name of the state, to any
301 land, building, or other property, real or personal, which was
302 acquired under the provisions of subsection (1). However, a
303 lease may not be entered into at a price less than the
304 department’s current estimate of value, except as provided in
305 paragraphs (4)(a)-(d).
306 (a) A lease may be through negotiations, sealed competitive
307 bids, auctions, or any other means the department deems to be in
308 its best interest The department may negotiate such a lease at
309 the prevailing market value with the owner from whom the
310 property was acquired; with the holders of leasehold estates
311 existing at the time of the department’s acquisition; or, if
312 public bidding would be inequitable, with the owner holding
313 title to privately owned abutting property, if reasonable notice
314 is provided to all other owners of abutting property. The
315 department may allow an outdoor advertising sign to remain on
316 the property acquired, or be relocated on department property,
317 and such sign shall not be considered a nonconforming sign
318 pursuant to chapter 479.
319 (b) If, in the discretion of the department, a lease to a
320 person other than an abutting property owner or tenant with a
321 leasehold interest in the abutting property would be
322 inequitable, the property may be leased to the abutting owner or
323 tenant for no less than the department’s current estimate of
324 value All other leases shall be by competitive bid.
325 (c) No lease signed pursuant to paragraph (a) or paragraph
326 (b) shall be for a period of more than 5 years; however, the
327 department may renegotiate or extend such a lease for an
328 additional term of 5 years as the department deems appropriate
329 without rebidding.
330 (d) Each lease shall provide that, unless otherwise
331 directed by the lessor, any improvements made to the property
332 during the term of the lease shall be removed at the lessee’s
333 expense.
334 (e) If property is to be used for a public purpose,
335 including a fair, art show, or other educational, cultural, or
336 fundraising activity, the property may be leased without
337 consideration to a governmental entity or school board. A lease
338 for a public purpose is exempt from the term limits in paragraph
339 (c).
340 (f) Paragraphs (c) and (e) (d) do not apply to leases
341 entered into pursuant to s. 260.0161(3), except as provided in
342 such a lease.
343 (g) No lease executed under this subsection may be utilized
344 by the lessee to establish the 4 years’ standing required by s.
345 73.071(3)(b) if the business had not been established for the
346 specified number of 4 years on the date title passed to the
347 department.
348 (h) The department may enter into a long-term lease without
349 compensation with a public port listed in s. 403.021(9)(b) for
350 rail corridors used for the operation of a short-line railroad
351 to the port.
352 (6) Nothing in this chapter prevents the joint use of
353 right-of-way for alternative modes of transportation; provided
354 that the joint use does not impair the integrity and safety of
355 the transportation facility.
356 (7) The department’s estimate of value, required by
357 subsections (4) and (5), shall be prepared in accordance with
358 department procedures, guidelines, and rules for valuation of
359 real property. If the value of the property exceeds $50,000, as
360 determined by the department estimate, the sale or lease must be
361 at a negotiated price not less than the estimate of value as
362 determined by an appraisal prepared in accordance with
363 department procedures, guidelines, and rules for valuation of
364 real property, the cost of which shall be paid by the party
365 seeking the purchase or lease of the property appraisal required
366 by paragraphs (4)(c) and (d) shall be prepared in accordance
367 with department guidelines and rules by an independent appraiser
368 who has been certified by the department. If federal funds were
369 used in the acquisition of the property, the appraisal shall
370 also be subject to the approval of the Federal Highway
371 Administration.
372 (8) A “due advertisement” under this section is an
373 advertisement in a newspaper of general circulation in the area
374 of the improvements of not less than 14 calendar days prior to
375 the date of the receipt of bids or the date on which a public
376 auction is to be held.
377 (8)(9) The department, with the approval of the Chief
378 Financial Officer, is authorized to disburse state funds for
379 real estate closings in a manner consistent with good business
380 practices and in a manner minimizing costs and risks to the
381 state.
382 (9)(10) The department is authorized to purchase title
383 insurance in those instances where it is determined that such
384 insurance is necessary to protect the public’s investment in
385 property being acquired for transportation purposes. The
386 department shall adopt procedures to be followed in making the
387 determination to purchase title insurance for a particular
388 parcel or group of parcels which, at a minimum, shall set forth
389 criteria which the parcels must meet.
390 (10) This section does not modify the requirements of s.
391 73.013.
392 Section 2. If the Federal Government approves a program
393 that allows participation in the maintenance of highway roadside
394 rights-of-way through monetary contributions in exchange for
395 recognition of services provided in the form of organic
396 corporate emblems placed in view of passing motorists, the
397 Department of Transportation shall submit the program for
398 legislative approval in the next regular legislative session.
399 Section 3. Section 479.01, Florida Statutes, is amended to
400 read:
401 479.01 Definitions.—As used in this chapter, the term:
402 (1) “Allowable uses” means those uses that are authorized
403 within a zoning category without the requirement to obtain a
404 variance or waiver. The term includes conditional uses and those
405 allowed by special exception, but does not include uses that are
406 accessory, incidental to the allowable uses, or allowed only on
407 a temporary basis.
408 (2) “Automatic changeable facing” means a facing that is
409 capable of delivering two or more advertising messages through
410 an automated or remotely controlled process.
411 (3) “Business of outdoor advertising” means the business of
412 constructing, erecting, operating, using, maintaining, leasing,
413 or selling outdoor advertising structures, outdoor advertising
414 signs, or outdoor advertisements.
415 (4) “Commercial or industrial zone” means a parcel of land
416 designated for commercial or industrial uses under both the
417 future land use map of the comprehensive plan and the land use
418 development regulations adopted pursuant to chapter 163. If a
419 parcel is located in an area designated for multiple uses on the
420 future land use map of a comprehensive plan and the zoning
421 category of the land development regulations does not clearly
422 designate that parcel for a specific use, the area will be
423 considered an unzoned commercial or industrial area if it meets
424 the criteria of subsection (26).
425 (4)(5) “Commercial use” means activities associated with
426 the sale, rental, or distribution of products or the performance
427 of services. The term includes, without limitation, such uses or
428 activities as retail sales; wholesale sales; rentals of
429 equipment, goods, or products; offices; restaurants; food
430 service vendors; sports arenas; theaters; and tourist
431 attractions.
432 (5)(6) “Controlled area” means 660 feet or less from the
433 nearest edge of the right-of-way of any portion of the State
434 Highway System, interstate, or federal-aid primary system and
435 beyond 660 feet of the nearest edge of the right-of-way of any
436 portion of the State Highway System, interstate, or federal-aid
437 primary system outside an urban area.
438 (6)(7) “Department” means the Department of Transportation.
439 (7)(8) “Erect” means to construct, build, raise, assemble,
440 place, affix, attach, create, paint, draw, or in any other way
441 bring into being or establish; but it does not include any of
442 the foregoing activities when performed as an incident to the
443 change of advertising message or customary maintenance or repair
444 of a sign.
445 (8)(9) “Federal-aid primary highway system” means the
446 federal-aid primary highway system in existence on June 1, 1991,
447 and any highway that was not a part of such system as of that
448 date, but that is, or became after June 1, 1991, a part of the
449 National Highway System, including portions that have been
450 accepted as part of the National Highway System but are unbuilt
451 or unopened existing, unbuilt, or unopened system of highways or
452 portions thereof, which shall include the National Highway
453 System, designated as the federal-aid primary highway system by
454 the department.
455 (9)(10) “Highway” means any road, street, or other way open
456 or intended to be opened to the public for travel by motor
457 vehicles.
458 (10)(11) “Industrial use” means activities associated with
459 the manufacture, assembly, processing, or storage of products or
460 the performance of services relating thereto. The term includes,
461 without limitation, such uses or activities as automobile
462 manufacturing or repair, boat manufacturing or repair, junk
463 yards, meat packing facilities, citrus processing and packing
464 facilities, produce processing and packing facilities,
465 electrical generating plants, water treatment plants, sewage
466 treatment plants, and solid waste disposal sites.
467 (11)(12) “Interstate highway system” means the existing,
468 unbuilt, or unopened system of highways or portions thereof
469 designated as the national system of interstate and defense
470 highways by the department.
471 (12)(13) “Main-traveled way” means the traveled way of a
472 highway on which through traffic is carried. In the case of a
473 divided highway, the traveled way of each of the separate
474 roadways for traffic in opposite directions is a main-traveled
475 way. It does not include such facilities as frontage roads,
476 turning roadways which specifically include on-ramps or off
477 ramps to the interstate highway system, or parking areas.
478 (13)(14) “Maintain” means to allow to exist.
479 (14)(15) “Motorist services directional signs” means signs
480 providing directional information about goods and services in
481 the interest of the traveling public where such signs were
482 lawfully erected and in existence on or before May 6, 1976, and
483 continue to provide directional information to goods and
484 services in a defined area.
485 (15)(16) “New highway” means the construction of any road,
486 paved or unpaved, where no road previously existed or the act of
487 paving any previously unpaved road.
488 (16)(17) “Nonconforming sign” means a sign which was
489 lawfully erected but which does not comply with the land use,
490 setback, size, spacing, and lighting provisions of state or
491 local law, rule, regulation, or ordinance passed at a later date
492 or a sign which was lawfully erected but which later fails to
493 comply with state or local law, rule, regulation, or ordinance
494 due to changed conditions.
495 (17)(18) “Premises” means all the land areas under
496 ownership or lease arrangement to the sign owner which are
497 contiguous to the business conducted on the land except for
498 instances where such land is a narrow strip contiguous to the
499 advertised activity or is connected by such narrow strip, the
500 only viable use of such land is to erect or maintain an
501 advertising sign. When the sign owner is a municipality or
502 county, “premises” shall mean all lands owned or leased by such
503 municipality or county within its jurisdictional boundaries as
504 set forth by law.
505 (18)(19) “Remove” means to disassemble all sign materials
506 above ground level and, transport them from the site, and
507 dispose of sign materials by sale or destruction.
508 (19)(20) “Sign” means any combination of structure and
509 message in the form of an outdoor sign, display, device, figure,
510 painting, drawing, message, placard, poster, billboard,
511 advertising structure, advertisement, logo, symbol, or other
512 form, whether placed individually or on a V-type, back-to-back,
513 side-to-side, stacked, or double-faced display or automatic
514 changeable facing, designed, intended, or used to advertise or
515 inform, any part of the advertising message or informative
516 contents of which is visible from any place on the main-traveled
517 way. The term does not include an official traffic control sign,
518 official marker, or specific information panel erected, caused
519 to be erected, or approved by the department.
520 (20)(21) “Sign direction” means that direction from which
521 the message or informative contents are most visible to oncoming
522 traffic on the main-traveled way.
523 (21)(22) “Sign face” means the part of the sign, including
524 trim and background, which contains the message or informative
525 contents, including an automatic changeable face.
526 (22)(23) “Sign facing” includes all sign faces and
527 automatic changeable faces displayed at the same location and
528 facing the same direction.
529 (23)(24) “Sign structure” means all the interrelated parts
530 and material, such as beams, poles, and stringers, which are
531 constructed for the purpose of supporting or displaying a
532 message or informative contents.
533 (24)(25) “State Highway System” has the same meaning as in
534 s. 334.03 means the existing, unbuilt, or unopened system of
535 highways or portions thereof designated as the State Highway
536 System by the department.
537 (26) “Unzoned commercial or industrial area” means a parcel
538 of land designated by the future land use map of the
539 comprehensive plan for multiple uses that include commercial or
540 industrial uses but are not specifically designated for
541 commercial or industrial uses under the land development
542 regulations, in which three or more separate and distinct
543 conforming industrial or commercial activities are located.
544 (a) These activities must satisfy the following criteria:
545 1. At least one of the commercial or industrial activities
546 must be located on the same side of the highway and within 800
547 feet of the sign location;
548 2. The commercial or industrial activities must be within
549 660 feet from the nearest edge of the right-of-way; and
550 3. The commercial industrial activities must be within
551 1,600 feet of each other.
552
553 Distances specified in this paragraph must be measured from the
554 nearest outer edge of the primary building or primary building
555 complex when the individual units of the complex are connected
556 by covered walkways.
557 (b) Certain activities, including, but not limited to, the
558 following, may not be so recognized as commercial or industrial
559 activities:
560 1. Signs.
561 2. Agricultural, forestry, ranching, grazing, farming, and
562 related activities, including, but not limited to, wayside fresh
563 produce stands.
564 3. Transient or temporary activities.
565 4. Activities not visible from the main-traveled way.
566 5. Activities conducted more than 660 feet from the nearest
567 edge of the right-of-way.
568 6. Activities conducted in a building principally used as a
569 residence.
570 7. Railroad tracks and minor sidings.
571 8. Communication towers.
572 (25)(27) “Urban area” has the same meaning as defined in s.
573 334.03(31).
574 (26)(28) “Visible commercial or industrial activity” means
575 a commercial or industrial activity that is capable of being
576 seen without visual aid by a person of normal visual acuity from
577 the main-traveled way and that is generally recognizable as
578 commercial or industrial.
579 (27)(29) “Visible sign” means that the advertising message
580 or informative contents of a sign, whether or not legible, is
581 capable of being seen without visual aid by a person of normal
582 visual acuity.
583 (28)(30) “Wall mural” means a sign that is a painting or an
584 artistic work composed of photographs or arrangements of color
585 and that displays a commercial or noncommercial message, relies
586 solely on the side of the building for rigid structural support,
587 and is painted on the building or depicted on vinyl, fabric, or
588 other similarly flexible material that is held in place flush or
589 flat against the surface of the building. The term excludes a
590 painting or work placed on a structure that is erected for the
591 sole or primary purpose of signage.
592 (29)(31) “Zoning category” means the designation under the
593 land development regulations or other similar ordinance enacted
594 to regulate the use of land as provided in s. 163.3202(2)(b),
595 which designation sets forth the allowable uses, restrictions,
596 and limitations on use applicable to properties within the
597 category.
598 Section 4. Section 479.02, Florida Statutes, is amended to
599 read:
600 479.02 Duties of the department.—It shall be the duty of
601 The department shall to:
602 (1) Administer and enforce the provisions of this chapter,
603 and the 1972 agreement between the state and the United States
604 Department of Transportation, relating to the size, lighting,
605 and spacing of signs in accordance with Title I of the Highway
606 Beautification Act of 1965 and Title 23, United States Code, and
607 federal regulations, including, but not limited to, those
608 pertaining to the maintenance, continuance, and removal of
609 nonconforming signs in effect as of the effective date of this
610 act.
611 (2) Regulate size, height, lighting, and spacing of signs
612 permitted on commercial and industrial parcels and in unzoned
613 commercial or industrial areas in zoned and unzoned commercial
614 areas and zoned and unzoned industrial areas on the interstate
615 highway system and the federal-aid primary highway system.
616 (3) Determine unzoned commercial and industrial parcels and
617 unzoned commercial or areas and unzoned industrial areas in the
618 manner provided in s. 479.024.
619 (4) Implement a specific information panel program on the
620 limited access interstate highway system to promote tourist
621 oriented businesses by providing directional information safely
622 and aesthetically.
623 (5) Implement a rest area information panel or devices
624 program at rest areas along the interstate highway system and
625 the federal-aid primary highway system to promote tourist
626 oriented businesses.
627 (6) Test and, if economically feasible, implement
628 alternative methods of providing information in the specific
629 interest of the traveling public which allow the traveling
630 public freedom of choice, conserve natural beauty, and present
631 information safely and aesthetically.
632 (7) Adopt such rules as it deems necessary or proper for
633 the administration of this chapter, including rules that which
634 identify activities that may not be recognized as industrial or
635 commercial activities for purposes of determination of a an area
636 as an unzoned commercial or industrial parcel or an unzoned
637 commercial or industrial area in the manner provided in s.
638 479.024.
639 (8) Prior to July 1, 1998, Inventory and determine the
640 location of all signs on the state, interstate and federal-aid
641 primary highway systems to be used as. Upon completion of the
642 inventory, it shall become the database and permit information
643 for all permitted signs permitted at the time of completion, and
644 the previous records of the department shall be amended
645 accordingly. The inventory shall be updated no less than every 2
646 years. The department shall adopt rules regarding what
647 information is to be collected and preserved to implement the
648 purposes of this chapter. The department may perform the
649 inventory using department staff, or may contract with a private
650 firm to perform the work, whichever is more cost efficient. The
651 department shall maintain a database of sign inventory
652 information such as sign location, size, height, and structure
653 type, the permitholder’s name, and any other information the
654 department finds necessary to administer the program.
655 Section 5. Section 479.024, Florida Statutes, is created to
656 read:
657 479.024 Commercial and industrial parcels.—Signs shall only
658 be permitted by the department in commercial or industrial
659 zones, as determined by the local government, in compliance with
660 chapter 163, unless otherwise provided in this chapter.
661 (1) As used in this section, the term:
662 (a) “Parcel” means the property where the sign is located
663 or is proposed to be located.
664 (b) “Utilities” includes all privately, publicly, or
665 cooperatively owned lines, facilities, and systems for
666 producing, transmitting, or distributing communications, power,
667 electricity, light, heat, gas, oil, crude products, water,
668 steam, waste, and stormwater not connected with the highway
669 drainage, and other similar commodities.
670 (2) The determination as to zoning by the local government
671 for the parcel must meet the following criteria:
672 (a) The parcel is comprehensively zoned and includes
673 commercial or industrial uses as allowable uses.
674 (b) The parcel can reasonably accommodate a commercial or
675 industrial use under the future land use map of the
676 comprehensive plan and land use development regulations, as
677 follows:
678 1. Sufficient utilities are available to support commercial
679 or industrial development.
680 2. The size, configuration, and public access of the parcel
681 are sufficient to accommodate a commercial or industrial use,
682 given requirements in the comprehensive plan and land
683 development regulations for vehicular access, on-site
684 circulation, building setbacks, buffering, parking, and other
685 applicable standards or the parcel consists of railroad tracks
686 or minor sidings abutting commercial or industrial property that
687 meets the criteria of this subsection.
688 (c) The parcel is not being used exclusively for
689 noncommercial or nonindustrial uses.
690 (3) If a local government has not designated zoning through
691 land development regulations in compliance with chapter 163, but
692 has designated the parcel under the future land use map of the
693 comprehensive plan for uses that include commercial or
694 industrial uses, the parcel shall be considered an unzoned
695 commercial or industrial area. For a permit to be issued for a
696 sign in an unzoned commercial or industrial area, there must be
697 three or more distinct commercial or industrial activities
698 within 1,600 feet of each other, with at least one of the
699 commercial or industrial activities located on the same side of
700 the highway as the sign location, and within 800 feet of the
701 sign location. Multiple commercial or industrial activities
702 enclosed in one building when all uses have only shared building
703 entrances shall be considered one use.
704 (4) For purposes of this section, certain uses and
705 activities may not be independently recognized as commercial or
706 industrial, including, but not limited to:
707 (a) Signs.
708 (b) Agricultural, forestry, ranching, grazing, farming, and
709 related activities, including, but not limited to, wayside fresh
710 produce stands.
711 (c) Transient or temporary activities.
712 (d) Activities not visible from the main-traveled way,
713 unless a department transportation facility is the only cause
714 for the activity not being visible.
715 (e) Activities conducted more than 660 feet from the
716 nearest edge of the right-of-way.
717 (f) Activities conducted in a building principally used as
718 a residence.
719 (g) Railroad tracks and minor sidings, unless such use is
720 immediately abutted by commercial or industrial property that
721 meets the criteria in subsection (2).
722 (h) Communication towers.
723 (i) Governmental uses, unless those governmental uses would
724 be industrial in nature if privately owned and operated. Such
725 industrial uses must be the present and actual use, not merely
726 be among the allowed uses.
727 (5) If the local government has indicated that the proposed
728 sign location is on a parcel that is in a commercial or
729 industrial zone, but the department finds that it is not, the
730 department shall notify the sign applicant in writing of its
731 determination.
732 (6) An applicant whose application for a permit is denied
733 may, within 30 days after the receipt of the notification of
734 intent to deny, request an administrative hearing pursuant to
735 chapter 120 for a determination of whether the parcel is located
736 in a commercial or industrial zone. Upon receipt of such
737 request, the department shall notify the local government that
738 the applicant has requested an administrative hearing pursuant
739 to chapter 120.
740 (7) If the department in a final order determines that the
741 parcel does not meet the permitting conditions in this section
742 and a sign structure exists on the parcel, the applicant shall
743 remove the sign within 30 days after the date of the order and
744 is responsible for all sign removal costs.
745 (8) If the Federal Highway Administration reduces funds
746 that would otherwise be apportioned to the department due to a
747 local government’s failure to be compliant with this section,
748 the department shall reduce apportioned transportation funding
749 to the local government by an equivalent amount.
750 Section 6. Section 479.03, Florida Statutes, is amended to
751 read:
752 479.03 Jurisdiction of the Department of Transportation;
753 entry upon privately owned lands.—The territory under the
754 jurisdiction of the department for the purpose of this chapter
755 shall include all the state. Employees, agents, or independent
756 contractors working for the department, in the performance of
757 their functions and duties under the provisions of this chapter,
758 may enter into and upon any land upon which a sign is displayed,
759 is proposed to be erected, or is being erected and make such
760 inspections, surveys, and removals as may be relevant. Upon
761 written notice to After receiving consent by the landowner,
762 operator, or person in charge of an intervening privately owned
763 land that or appropriate inspection warrant issued by a judge of
764 any county court or circuit court of this state which has
765 jurisdiction of the place or thing to be removed, that the
766 removal of an illegal outdoor advertising sign is necessary and
767 has been authorized by a final order or results from an
768 uncontested notice to the sign owner, the department may shall
769 be authorized to enter upon any intervening privately owned
770 lands for the purposes of effectuating removal of illegal signs,
771 provided that the department shall only do so in circumstances
772 where it has determined that no other legal or economically
773 feasible means of entry to the sign site are reasonably
774 available. Except as otherwise provided by this chapter, the
775 department shall be responsible for the repair or replacement in
776 a like manner for any physical damage or destruction of private
777 property, other than the sign, incidental to the department’s
778 entry upon such intervening privately owned lands.
779 Section 7. Section 479.04, Florida Statutes, is amended to
780 read:
781 479.04 Business of outdoor advertising; license
782 requirement; renewal; fees.—
783 (1) A No person may not shall engage in the business of
784 outdoor advertising in this state without first obtaining a
785 license therefor from the department. Such license shall be
786 renewed annually. The fee for such license, and for each annual
787 renewal, is $300. License renewal fees shall be payable as
788 provided for in s. 479.07.
789 (2) A No person is not shall be required to obtain the
790 license provided for in this section solely to erect or
791 construct outdoor advertising signs or structures as an
792 incidental part of a building construction contract.
793 Section 8. Section 479.05, Florida Statutes, is amended to
794 read:
795 479.05 Denial, suspension, or revocation of license.—The
796 department may has authority to deny, suspend, or revoke any
797 license requested or granted under this chapter in any case in
798 which it determines that the application for the license
799 contains knowingly false or misleading information of material
800 consequence, that the licensee has failed to pay fees or costs
801 owed to the department for outdoor advertising purposes, or that
802 the licensee has violated any of the provisions of this chapter,
803 unless such licensee, within 30 days after the receipt of notice
804 by the department, corrects such false or misleading
805 information, pays the outstanding amounts, or complies with the
806 provisions of this chapter. Suspension of a license allows the
807 licensee to maintain existing sign permits, but the department
808 may not grant a transfer of an existing permit or issue an
809 additional permit to a licensee with a suspended license. Any
810 person aggrieved by an any action of the department which
811 denies, suspends, or revokes in denying or revoking a license
812 under this chapter may, within 30 days after from the receipt of
813 the notice, apply to the department for an administrative
814 hearing pursuant to chapter 120.
815 Section 9. Section 479.07, Florida Statutes, is amended to
816 read:
817 479.07 Sign permits.—
818 (1) Except as provided in ss. 479.105(1) 479.105(1)(e) and
819 479.16, a person may not erect, operate, use, or maintain, or
820 cause to be erected, operated, used, or maintained, any sign on
821 the State Highway System outside an urban area, as defined in s.
822 334.03(31), or on any portion of the interstate or federal-aid
823 primary highway system without first obtaining a permit for the
824 sign from the department and paying the annual fee as provided
825 in this section. As used in this section, the term “on any
826 portion of the State Highway System, interstate, or federal-aid
827 primary system” means a sign located within the controlled area
828 which is visible from any portion of the main-traveled way of
829 such system.
830 (2) A person may not apply for a permit unless he or she
831 has first obtained the Written permission of the owner or other
832 person in lawful possession or control of the site designated as
833 the location of the sign is required for issuance of a in the
834 application for the permit.
835 (3)(a) An application for a sign permit must be made on a
836 form prescribed by the department, and a separate application
837 must be submitted for each permit requested. A permit is
838 required for each sign facing.
839 (b) As part of the application, the applicant or his or her
840 authorized representative must certify in a notarized signed
841 statement that all information provided in the application is
842 true and correct and that, pursuant to subsection (2), he or she
843 has obtained the written permission of the owner or other person
844 in lawful possession of the site designated as the location of
845 the sign in the permit application. Every permit application
846 must be accompanied by the appropriate permit fee,; a signed
847 statement by the owner or other person in lawful control of the
848 site on which the sign is located or will be erected,
849 authorizing the placement of the sign on that site,; and, where
850 local governmental regulation of signs exists, a statement from
851 the appropriate local governmental official indicating that the
852 sign complies with all local government governmental
853 requirements and, if a local government permit is required for a
854 sign, that the agency or unit of local government will issue a
855 permit to that applicant upon approval of the state permit
856 application by the department.
857 (c) The annual permit fee for each sign facing shall be
858 established by the department by rule in an amount sufficient to
859 offset the total cost to the department for the program, but
860 shall not exceed $200 $100. The A fee may not be prorated for a
861 period less than the remainder of the permit year to accommodate
862 short-term publicity features; however, a first-year fee may be
863 prorated by payment of an amount equal to one-fourth of the
864 annual fee for each remaining whole quarter or partial quarter
865 of the permit year. Applications received after the end of the
866 third quarter of the permit year must include fees for the last
867 quarter of the current year and fees for the succeeding year. A
868 nonrefundable application fee of $25 must accompany each permit
869 application.
870 (4) An application for a permit shall be acted on by
871 granting, denying, or returning the incomplete application the
872 department within 30 days after receipt of the application by
873 the department.
874 (5)(a) For each permit issued, the department shall furnish
875 to the applicant a serially numbered permanent metal permit tag.
876 The permittee is responsible for maintaining a valid permit tag
877 on each permitted sign facing at all times. The tag shall be
878 securely attached to the upper 50 percent of the sign structure
879 sign facing or, if there is no facing, on the pole nearest the
880 highway; and it shall be attached in such a manner as to be
881 plainly visible from the main-traveled way. Effective July 1,
882 2012, the tag must be securely attached to the upper 50 percent
883 of the pole nearest the highway and must be attached in such a
884 manner as to be plainly visible from the main-traveled way. The
885 permit becomes void unless the permit tag must be is properly
886 and permanently displayed at the permitted site within 30 days
887 after the date of permit issuance. If the permittee fails to
888 erect a completed sign on the permitted site within 270 days
889 after the date on which the permit was issued, the permit will
890 be void, and the department may not issue a new permit to that
891 permittee for the same location for 270 days after the date on
892 which the permit became void.
893 (b) If a permit tag is lost, stolen, or destroyed, the
894 permittee to whom the tag was issued must apply to the
895 department for a replacement tag. The department shall adopt a
896 rule establishing a service fee for replacement tags in an
897 amount that will recover the actual cost of providing the
898 replacement tag. Upon receipt of the application accompanied by
899 the service fee, the department shall issue a replacement permit
900 tag. Alternatively, the permittee may provide its own
901 replacement tag pursuant to department specifications that the
902 department shall adopt by rule at the time it establishes the
903 service fee for replacement tags.
904 (6) A permit is valid only for the location specified in
905 the permit. Valid permits may be transferred from one sign owner
906 to another upon written acknowledgment from the current
907 permittee and submittal of a transfer fee of $5 for each permit
908 to be transferred. However, the maximum transfer fee for any
909 multiple transfer between two outdoor advertisers in a single
910 transaction is $1,000 $100.
911 (7) A permittee shall at all times maintain the permission
912 of the owner or other person in lawful control of the sign site
913 to have and maintain a sign at such site.
914 (8)(a) In order to reduce peak workloads, the department
915 may adopt rules providing for staggered expiration dates for
916 licenses and permits. Unless otherwise provided for by rule, all
917 licenses and permits expire annually on January 15. All license
918 and permit renewal fees are required to be submitted to the
919 department by no later than the expiration date. At least 105
920 days before prior to the expiration date of licenses and
921 permits, the department shall send to each permittee a notice of
922 fees due for all licenses and permits that which were issued to
923 him or her before prior to the date of the notice. Such notice
924 shall list the permits and the permit fees due for each sign
925 facing. The permittee shall, no later than 45 days before prior
926 to the expiration date, advise the department of any additions,
927 deletions, or errors contained in the notice. Permit tags which
928 are not renewed shall be returned to the department for
929 cancellation by the expiration date. Permits which are not
930 renewed or are canceled shall be certified in writing at that
931 time as canceled or not renewed by the permittee, and permit
932 tags for such permits shall be returned to the department or
933 shall be accounted for by the permittee in writing, which
934 writing shall be submitted with the renewal fee payment or the
935 cancellation certification. However, failure of a permittee to
936 submit a permit cancellation does shall not affect the
937 nonrenewal of a permit. Before Prior to cancellation of a
938 permit, the permittee shall provide written notice to all
939 persons or entities having a right to advertise on the sign that
940 the permittee intends to cancel the permit.
941 (b) If a permittee has not submitted his or her fee payment
942 by the expiration date of the licenses or permits, the
943 department shall send a notice of violation to the permittee
944 within 45 days after the expiration date, requiring the payment
945 of the permit fee within 30 days after the date of the notice
946 and payment of a delinquency fee equal to 10 percent of the
947 original amount due or, in the alternative to these payments,
948 requiring the filing of a request for an administrative hearing
949 to show cause why the his or her sign should not be subject to
950 immediate removal due to expiration of his or her license or
951 permit. If the permittee submits payment as required by the
952 violation notice, the his or her license or permit will be
953 automatically reinstated and such reinstatement will be
954 retroactive to the original expiration date. If the permittee
955 does not respond to the notice of violation within the 30-day
956 period, the department shall, within 30 days, issue a final
957 notice of sign removal and may, following 90 days after the date
958 of the department’s final notice of sign removal, remove the
959 sign without incurring any liability as a result of such
960 removal. However, if at any time before removal of the sign, the
961 permittee demonstrates that a good faith error on the part of
962 the permittee resulted in cancellation or nonrenewal of the
963 permit, the department may reinstate the permit if:
964 1. The permit reinstatement fee of up to $300 based on the
965 size of the sign is paid;
966 2. All other permit renewal and delinquent permit fees due
967 as of the reinstatement date are paid; and
968 3. The permittee reimburses the department for all actual
969 costs resulting from the permit cancellation or nonrenewal.
970 (c) Conflicting applications filed by other persons for the
971 same or competing sites covered by a permit subject to paragraph
972 (b) may not be approved until after the sign subject to the
973 expired permit has been removed.
974 (d) The cost for removing a sign, whether by the department
975 or an independent contractor, shall be assessed by the
976 department against the permittee.
977 (9)(a) A permit may shall not be granted for any sign for
978 which a permit had not been granted by the effective date of
979 this act unless such sign is located at least:
980 1. One thousand five hundred feet from any other permitted
981 sign on the same side of the highway, if on an interstate
982 highway.
983 2. One thousand feet from any other permitted sign on the
984 same side of the highway, if on a federal-aid primary highway.
985
986 The minimum spacing provided in this paragraph does not preclude
987 the permitting of V-type, back-to-back, side-to-side, stacked,
988 or double-faced signs at the permitted sign site. If a sign is
989 visible to more than one highway subject to the jurisdiction of
990 the department and within the controlled area of the highways
991 from the controlled area of more than one highway subject to the
992 jurisdiction of the department, the sign must shall meet the
993 permitting requirements of all highways, and, if the sign meets
994 the applicable permitting requirements, be permitted to, the
995 highway having the more stringent permitting requirements.
996 (b) A permit may shall not be granted for a sign pursuant
997 to this chapter to locate such sign on any portion of the
998 interstate or federal-aid primary highway system, which sign:
999 1. Exceeds 50 feet in sign structure height above the crown
1000 of the main-traveled way to which the sign is permitted, if
1001 outside an incorporated area;
1002 2. Exceeds 65 feet in sign structure height above the crown
1003 of the main-traveled way to which the sign is permitted, if
1004 inside an incorporated area; or
1005 3. Exceeds 950 square feet of sign facing including all
1006 embellishments.
1007 (c) Notwithstanding subparagraph (a)1., there is
1008 established a pilot program in Orange, Hillsborough, and Osceola
1009 Counties, and within the boundaries of the City of Miami, under
1010 which the distance between permitted signs on the same side of
1011 an interstate highway may be reduced to 1,000 feet if all other
1012 requirements of this chapter are met and if:
1013 1. The local government has adopted a plan, program,
1014 resolution, ordinance, or other policy encouraging the voluntary
1015 removal of signs in a downtown, historic, redevelopment, infill,
1016 or other designated area which also provides for a new or
1017 replacement sign to be erected on an interstate highway within
1018 that jurisdiction if a sign in the designated area is removed;
1019 2. The sign owner and the local government mutually agree
1020 to the terms of the removal and replacement; and
1021 3. The local government notifies the department of its
1022 intention to allow such removal and replacement as agreed upon
1023 pursuant to subparagraph 2.
1024 4. The new or replacement sign to be erected on an
1025 interstate highway within that jurisdiction is to be located on
1026 a parcel of land specifically designated for commercial or
1027 industrial use under both the future land use map of the
1028 comprehensive plan and the land use development regulations
1029 adopted pursuant to chapter 163, and such parcel shall not be
1030 subject to an evaluation in accordance with the criteria set
1031 forth in s. 479.01(26) to determine if the parcel can be
1032 considered an unzoned commercial or industrial area.
1033
1034 The department shall maintain statistics tracking the use of the
1035 provisions of this pilot program based on the notifications
1036 received by the department from local governments under this
1037 paragraph.
1038 (d) This subsection does not cause a sign that was
1039 conforming on October 1, 1984, to become nonconforming.
1040 (10) Commercial or industrial zoning that which is not
1041 comprehensively enacted or that which is enacted primarily to
1042 permit signs may shall not be recognized as commercial or
1043 industrial zoning for purposes of this provision, and permits
1044 may shall not be issued for signs in such areas. The department
1045 shall adopt rules that within 180 days after this act takes
1046 effect which shall provide criteria to determine whether such
1047 zoning is comprehensively enacted or enacted primarily to permit
1048 signs.
1049 Section 10. Section 479.08, Florida Statutes, is amended to
1050 read:
1051 479.08 Denial or revocation of permit.—The department may
1052 deny or revoke any permit requested or granted under this
1053 chapter in any case in which it determines that the application
1054 for the permit contains knowingly false or misleading
1055 information of material consequence. The department may revoke
1056 any permit granted under this chapter in any case in which the
1057 permittee has violated any of the provisions of this chapter,
1058 unless such permittee, within 30 days after the receipt of
1059 notice by the department, complies with the provisions of this
1060 chapter. For the purpose of this section, the notice of
1061 violation issued by the department must describe in detail the
1062 alleged violation. Any person aggrieved by any action of the
1063 department in denying or revoking a permit under this chapter
1064 may, within 30 days after receipt of the notice, apply to the
1065 department for an administrative hearing pursuant to chapter
1066 120. If a timely request for hearing has been filed and the
1067 department issues a final order revoking a permit, such
1068 revocation shall be effective 30 days after the date of
1069 rendition. Except for department action pursuant to s.
1070 479.107(1), the filing of a timely and proper notice of appeal
1071 shall operate to stay the revocation until the department’s
1072 action is upheld.
1073 Section 11. Section 479.10, Florida Statutes, is amended to
1074 read:
1075 479.10 Sign removal following permit revocation or
1076 cancellation.—A sign shall be removed by the permittee within 30
1077 days after the date of revocation or cancellation of the permit
1078 for the sign. If the permittee fails to remove the sign within
1079 the 30-day period, the department shall remove the sign at the
1080 permittee’s expense with or without further notice and without
1081 incurring any liability as a result of such removal.
1082 Section 12. Section 479.105, Florida Statutes, is amended
1083 to read:
1084 479.105 Signs erected or maintained without required
1085 permit; removal.—
1086 (1) Any sign which is located adjacent to the right-of-way
1087 of any highway on the State Highway System outside an
1088 incorporated area or adjacent to the right-of-way on any portion
1089 of the interstate or federal-aid primary highway system, which
1090 sign was erected, operated, or maintained without the permit
1091 required by s. 479.07(1) having been issued by the department,
1092 is declared to be a public nuisance and a private nuisance and
1093 shall be removed as provided in this section.
1094 (a) Upon a determination by the department that a sign is
1095 in violation of s. 479.07(1), the department shall prominently
1096 post on the sign, or as close to the sign as possible for those
1097 locations where the sign is not easily accessible, face a notice
1098 stating that the sign is illegal and must be removed within 30
1099 days after the date on which the notice was posted. However, if
1100 the sign bears the name of the licensee or the name and address
1101 of the nonlicensed sign owner, The department shall,
1102 concurrently with and in addition to posting the notice on the
1103 sign, provide a written notice to the owner of the sign, the
1104 advertiser displayed on the sign, or the owner of the property,
1105 stating that the sign is illegal and must be permanently removed
1106 within the 30-day period specified on the posted notice. The
1107 written notice shall further state that a hearing may be
1108 requested, the sign owner has a right to request a hearing,
1109 which request must be filed with the department within 30 days
1110 after receipt the date of the written notice. However, the
1111 filing of a request for a hearing will not stay the removal of
1112 the sign.
1113 (b) If, pursuant to the notice provided, the sign is not
1114 removed by the sign owner of the sign, the advertiser displayed
1115 on the sign, or the owner of the property within the prescribed
1116 period, the department shall immediately remove the sign without
1117 further notice; and, for that purpose, the employees, agents, or
1118 independent contractors of the department may enter upon private
1119 property without incurring any liability for so entering.
1120 (c) However, the department may issue a permit for a sign,
1121 as a conforming or nonconforming sign, if the sign owner
1122 demonstrates to the department one of the following:
1123 1. If the sign meets the current requirements of this
1124 chapter for a sign permit, the sign owner may submit the
1125 required application package and receive a permit as a
1126 conforming sign, upon payment of all applicable fees.
1127 2. If the sign does not meet the current requirements of
1128 this chapter for a sign permit, the sign owner may receive a
1129 permit as a nonconforming sign if the department determines that
1130 the sign is not located on state right-of-way and is not a
1131 safety hazard and if the sign owner pays a penalty fee of $300
1132 and all pertinent fees required by this chapter, including
1133 annual permit renewal fees payable since the date of the
1134 erection of the sign, and attaches to the permit application
1135 package documentation that demonstrates that:
1136 a. The sign has been unpermitted, structurally unchanged,
1137 and continuously maintained at the same location for a period of
1138 7 years or more;
1139 b. During the entire period in which the sign has been
1140 erected, a permit was required but was not obtained;
1141 c. During the initial 7 years in which the sign has been
1142 erected, the sign would have met the criteria established in
1143 this chapter at that time for issuance of a permit; and
1144 d. The department has not initiated a notice of violation
1145 or taken other action to remove the sign during the initial 7
1146 year period.
1147 (d) This subsection does not cause a neighboring sign that
1148 is permitted and that is within the spacing requirements in s.
1149 479.07(9)(a) to become nonconforming.
1150 (e)(c) For purposes of this subsection, a notice to the
1151 sign owner, when required, constitutes sufficient notice; and
1152 notice is not required to be provided to the lessee, advertiser,
1153 or the owner of the real property on which the sign is located.
1154 (f)(d) If, after a hearing, it is determined that a sign
1155 has been wrongfully or erroneously removed pursuant to this
1156 subsection, the department, at the sign owner’s discretion,
1157 shall either pay just compensation to the owner of the sign or
1158 reerect the sign in kind at the expense of the department.
1159 (e) However, if the sign owner demonstrates to the
1160 department that:
1161 1. The sign has been unpermitted, structurally unchanged,
1162 and continuously maintained at the same location for a period of
1163 7 years or more;
1164 2. At any time during the period in which the sign has been
1165 erected, the sign would have met the criteria established in
1166 this chapter for issuance of a permit;
1167 3. The department has not initiated a notice of violation
1168 or taken other action to remove the sign during the initial 7
1169 year period described in subparagraph 1.; and
1170 4. The department determines that the sign is not located
1171 on state right-of-way and is not a safety hazard,
1172
1173 the sign may be considered a conforming or nonconforming sign
1174 and may be issued a permit by the department upon application in
1175 accordance with this chapter and payment of a penalty fee of
1176 $300 and all pertinent fees required by this chapter, including
1177 annual permit renewal fees payable since the date of the
1178 erection of the sign.
1179 (2)(a) If a sign is under construction and the department
1180 determines that a permit has not been issued for the sign as
1181 required under the provisions of this chapter, the department is
1182 authorized to require that all work on the sign cease until the
1183 sign owner shows that the sign does not violate the provisions
1184 of this chapter. The order to cease work shall be prominently
1185 posted on the sign structure, and no further notice is required
1186 to be given. The failure of a sign owner or her or his agents to
1187 immediately comply with the order shall subject the sign to
1188 prompt removal by the department.
1189 (b) For the purposes of this subsection only, a sign is
1190 under construction when it is in any phase of initial
1191 construction prior to the attachment and display of the
1192 advertising message in final position for viewing by the
1193 traveling public. A sign that is undergoing routine maintenance
1194 or change of the advertising message only is not considered to
1195 be under construction for the purposes of this subsection.
1196 (3) The cost of removing a sign, whether by the department
1197 or an independent contractor, shall be assessed against the
1198 owner of the sign by the department.
1199 Section 13. Subsections (4), (5), and (7) of section
1200 479.106, Florida Statutes, are amended to read:
1201 479.106 Vegetation management.—
1202 (4) The department may establish an application fee by rule
1203 not to exceed $25 for each individual application to defer the
1204 costs of processing such application and a fee not to exceed
1205 $200 to defer the costs of processing an application for
1206 multiple sites.
1207 (5) The department may only grant a permit pursuant to s.
1208 479.07 for a new sign which requires the removal, cutting, or
1209 trimming of existing trees or vegetation on public right-of-way
1210 for the sign face to be visible from the highway when the sign
1211 owner has removed at least two nonconforming signs of
1212 approximate comparable size and surrendered the permits for the
1213 nonconforming signs to the department for cancellation. For
1214 signs originally permitted after July 1, 1996, the first
1215 application, or application for a change of view zone, no permit
1216 for the removal, cutting, or trimming of trees or vegetation
1217 shall require, in addition to mitigation or contribution to a
1218 plan of mitigation, the removal of two nonconforming signs. No
1219 permits for the removal, cutting, or trimming of trees may be
1220 granted for signs permitted after July 1, 1996 be granted where
1221 such trees or vegetation are part of a beautification project
1222 implemented before prior to the date of the original sign permit
1223 application, when the beautification project is specifically
1224 identified in the department’s construction plans, permitted
1225 landscape projects, or agreements.
1226 (7) Any person engaging in removal, cutting, or trimming of
1227 trees or vegetation in violation of this section or benefiting
1228 from such actions shall be subject to an administrative penalty
1229 of up to $1,000 per sign facing and required to mitigate for the
1230 unauthorized removal, cutting, or trimming in such manner and in
1231 such amount as may be required under the rules of the
1232 department.
1233 Section 14. Subsection (5) of section 479.107, Florida
1234 Statutes, is amended to read:
1235 479.107 Signs on highway rights-of-way; removal.—
1236 (5) The cost of removing a sign, whether by the department
1237 or an independent contractor, shall be assessed by the
1238 department against the owner of the sign. Furthermore, the
1239 department shall assess a fine of $75 against the sign owner for
1240 any sign which violates the requirements of this section.
1241 Section 15. Section 479.111, Florida Statutes, is amended
1242 to read:
1243 479.111 Specified signs allowed within controlled portions
1244 of the interstate and federal-aid primary highway system.—Only
1245 the following signs shall be allowed within controlled portions
1246 of the interstate highway system and the federal-aid primary
1247 highway system as set forth in s. 479.11(1) and (2):
1248 (1) Directional or other official signs and notices which
1249 conform to 23 C.F.R. ss. 750.151-750.155.
1250 (2) Signs in commercial-zoned and industrial-zoned areas or
1251 commercial-unzoned and industrial-unzoned areas and within 660
1252 feet of the nearest edge of the right-of-way, subject to the
1253 requirements set forth in the 1972 agreement between the state
1254 and the United States Department of Transportation.
1255 (3) Signs for which permits are not required under s.
1256 479.16.
1257 Section 16. Section 479.15, Florida Statutes, is amended to
1258 read:
1259 479.15 Harmony of regulations.—
1260 (1) No zoning board or commission or other public officer
1261 or agency shall issue a permit to erect any sign which is
1262 prohibited under the provisions of this chapter or the rules of
1263 the department, nor shall the department issue a permit for any
1264 sign which is prohibited by any other public board, officer, or
1265 agency in the lawful exercise of its powers.
1266 (2) A municipality, county, local zoning authority, or
1267 other local governmental entity may not remove, or cause to be
1268 removed, any lawfully erected sign along any portion of the
1269 interstate or federal-aid primary highway system without first
1270 paying just compensation for such removal. A local governmental
1271 entity may not cause in any way the alteration of any lawfully
1272 erected sign located along any portion of the interstate or
1273 federal-aid primary highway system without payment of just
1274 compensation if such alteration constitutes a taking under state
1275 law. The municipality, county, local zoning authority, or other
1276 local government entity that adopts requirements for such
1277 alteration shall pay just compensation to the sign owner if such
1278 alteration constitutes a taking under state law. This subsection
1279 applies only to a lawfully erected sign the subject matter of
1280 which relates to premises other than the premises on which it is
1281 located or to merchandise, services, activities, or
1282 entertainment not sold, produced, manufactured, or furnished on
1283 the premises on which the sign is located. As used in this
1284 subsection, the term “federal-aid primary highway system” means
1285 the federal-aid primary highway system in existence on June 1,
1286 1991, and any highway that was not a part of such system as of
1287 that date but that is or becomes after June 1, 1991, a part of
1288 the National Highway System. This subsection shall not be
1289 interpreted as explicit or implicit legislative recognition that
1290 alterations do or do not constitute a taking under state law.
1291 (3) It is the express intent of the Legislature to limit
1292 the state right-of-way acquisition costs on state and federal
1293 roads in eminent domain proceedings, the provisions of ss.
1294 479.07 and 479.155 notwithstanding. Subject to approval by the
1295 Federal Highway Administration, whenever public acquisition of
1296 land upon which is situated a lawful permitted nonconforming
1297 sign occurs, as provided in this chapter, the sign may, at the
1298 election of its owner and the department, be relocated or
1299 reconstructed adjacent to the new right-of-way and in close
1300 proximity to the current site along the roadway within 100 feet
1301 of the current location, provided the nonconforming sign is not
1302 relocated in an area inconsistent with s. 479.024 on a parcel
1303 zoned residential, and provided further that such relocation
1304 shall be subject to applicable setback requirements in the 1972
1305 agreement between the state and the United States Department of
1306 Transportation. The sign owner shall pay all costs associated
1307 with relocating or reconstructing any sign under this
1308 subsection, and neither the state nor any local government shall
1309 reimburse the sign owner for such costs, unless part of such
1310 relocation costs are required by federal law. If no adjacent
1311 property is available for the relocation, the department shall
1312 be responsible for paying the owner of the sign just
1313 compensation for its removal.
1314 (4) For a nonconforming sign, Such relocation shall be
1315 adjacent to the current site and the face of the sign may shall
1316 not be increased in size or height or structurally modified at
1317 the point of relocation in a manner inconsistent with the
1318 current building codes of the jurisdiction in which the sign is
1319 located.
1320 (5) In the event that relocation can be accomplished but is
1321 inconsistent with the ordinances of the municipality or county
1322 within whose jurisdiction the sign is located, the ordinances of
1323 the local government shall prevail, provided that the local
1324 government shall assume the responsibility to provide the owner
1325 of the sign just compensation for its removal, but in no event
1326 shall compensation paid by the local government exceed the
1327 compensation required under state or federal law. Further, the
1328 provisions of this section shall not impair any agreement or
1329 future agreements between a municipality or county and the owner
1330 of a sign or signs within the jurisdiction of the municipality
1331 or county. Nothing in this section shall be deemed to cause a
1332 nonconforming sign to become conforming solely as a result of
1333 the relocation allowed in this section.
1334 (6) The provisions of subsections (3), (4), and (5) of this
1335 section shall not apply within the jurisdiction of any
1336 municipality which is engaged in any litigation concerning its
1337 sign ordinance on April 23, 1999, nor shall such provisions
1338 apply to any municipality whose boundaries are identical to the
1339 county within which said municipality is located.
1340 (7) This section does not cause a neighboring sign that is
1341 already permitted and that is within the spacing requirements
1342 established in s. 479.07(9)(a) to become nonconforming.
1343 Section 17. Section 479.156, Florida Statutes, is amended
1344 to read:
1345 479.156 Wall murals.—Notwithstanding any other provision of
1346 this chapter, a municipality or county may permit and regulate
1347 wall murals within areas designated by such government. If a
1348 municipality or county permits wall murals, a wall mural that
1349 displays a commercial message and is within 660 feet of the
1350 nearest edge of the right-of-way within an area adjacent to the
1351 interstate highway system or the federal-aid primary highway
1352 system shall be located in an area that is zoned for industrial
1353 or commercial use and the municipality or county shall establish
1354 and enforce regulations for such areas that, at a minimum, set
1355 forth criteria governing the size, lighting, and spacing of wall
1356 murals consistent with the intent of 23 U.S.C. s. 131 the
1357 Highway Beautification Act of 1965 and with customary use.
1358 Whenever a municipality or county exercises such control and
1359 makes a determination of customary use pursuant to 23 U.S.C. s.
1360 131(d), such determination shall be accepted in lieu of controls
1361 in the agreement between the state and the United States
1362 Department of Transportation, and the department shall notify
1363 the Federal Highway Administration pursuant to the agreement, 23
1364 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that
1365 is subject to municipal or county regulation and 23 U.S.C. s.
1366 131 the Highway Beautification Act of 1965 must be approved by
1367 the Department of Transportation and the Federal Highway
1368 Administration when required by federal law and federal
1369 regulation under the agreement between the state and the United
1370 States Department of Transportation and federal regulations
1371 enforced by the Department of Transportation under s. 479.02(1).
1372 The existence of a wall mural as defined in s. 479.01(28)
1373 479.01(30) shall not be considered in determining whether a sign
1374 as defined in s. 479.01(19) 479.01(20), either existing or new,
1375 is in compliance with s. 479.07(9)(a).
1376 Section 18. Section 479.16, Florida Statutes, is amended to
1377 read:
1378 479.16 Signs for which permits are not required.—The
1379 following signs are exempt from the requirement that a permit
1380 for a sign be obtained under the provisions of this chapter but
1381 are required to comply with the provisions of s. 479.11(4)-(8),
1382 and the provisions of subsections (15)-(20) may not be
1383 implemented or continued if the Federal Government notifies the
1384 department that implementation or continuation will adversely
1385 affect the allocation of federal funds to the department:
1386 (1) Signs erected on the premises of an establishment,
1387 which signs consist primarily of the name of the establishment
1388 or which identify the principal or accessory merchandise,
1389 services, activities, or entertainment sold, produced,
1390 manufactured, or furnished on the premises of the establishment
1391 and which comply with the lighting restrictions under department
1392 rule adopted pursuant to s. 479.11(5), or signs owned by a
1393 municipality or a county located on the premises of such
1394 municipality or such county which display information regarding
1395 government services, activities, events, or entertainment. For
1396 purposes of this section, the following types of messages shall
1397 not be considered information regarding government services,
1398 activities, events, or entertainment:
1399 (a) Messages which specifically reference any commercial
1400 enterprise.
1401 (b) Messages which reference a commercial sponsor of any
1402 event.
1403 (c) Personal messages.
1404 (d) Political campaign messages.
1405
1406 If a sign located on the premises of an establishment consists
1407 principally of brand name or trade name advertising and the
1408 merchandise or service is only incidental to the principal
1409 activity, or if the owner of the establishment receives rental
1410 income from the sign, then the sign is not exempt under this
1411 subsection.
1412 (2) Signs erected, used, or maintained on a farm by the
1413 owner or lessee of such farm and relating solely to farm
1414 produce, merchandise, service, or entertainment sold, produced,
1415 manufactured, or furnished on such farm.
1416 (3) Signs posted or displayed on real property by the owner
1417 or by the authority of the owner, stating that the real property
1418 is for sale or rent. However, if the sign contains any message
1419 not pertaining to the sale or rental of that real property, then
1420 it is not exempt under this section.
1421 (4) Official notices or advertisements posted or displayed
1422 on private property by or under the direction of any public or
1423 court officer in the performance of her or his official or
1424 directed duties, or by trustees under deeds of trust or deeds of
1425 assignment or other similar instruments.
1426 (5) Danger or precautionary signs relating to the premises
1427 on which they are located; forest fire warning signs erected
1428 under the authority of the Florida Forest Service of the
1429 Department of Agriculture and Consumer Services; and signs,
1430 notices, or symbols erected by the United States Government
1431 under the direction of the United States Forestry Service.
1432 (6) Notices of any railroad, bridge, ferry, or other
1433 transportation or transmission company necessary for the
1434 direction or safety of the public.
1435 (7) Signs, notices, or symbols for the information of
1436 aviators as to location, directions, and landings and conditions
1437 affecting safety in aviation erected or authorized by the
1438 department.
1439 (8) Signs or notices erected or maintained upon property
1440 stating only the name of the owner, lessee, or occupant of the
1441 premises and not exceeding 16 8 square feet in area.
1442 (9) Historical markers erected by duly constituted and
1443 authorized public authorities.
1444 (10) Official traffic control signs and markers erected,
1445 caused to be erected, or approved by the department.
1446 (11) Signs erected upon property warning the public against
1447 hunting and fishing or trespassing thereon.
1448 (12) Signs not in excess of 16 8 square feet that are owned
1449 by and relate to the facilities and activities of churches,
1450 civic organizations, fraternal organizations, charitable
1451 organizations, or units or agencies of government.
1452 (13) Except that Signs placed on benches, transit shelters,
1453 modular news racks, street light poles, public pay telephones,
1454 and waste receptacles, within the right-of-way, as provided for
1455 in s. 337.408 are exempt from all provisions of this chapter.
1456 (14) Signs relating exclusively to political campaigns.
1457 (15) Signs not in excess of 16 square feet placed at a road
1458 junction with the State Highway System denoting only the
1459 distance or direction of a residence or farm operation, or,
1460 outside an incorporated in a rural area where a hardship is
1461 created because a small business is not visible from the road
1462 junction with the State Highway System, one sign not in excess
1463 of 16 square feet, denoting only the name of the business and
1464 the distance and direction to the business. The small-business
1465 sign provision of this subsection does not apply to charter
1466 counties and may not be implemented if the Federal Government
1467 notifies the department that implementation will adversely
1468 affect the allocation of federal funds to the department.
1469 (16) Signs placed by a local tourist-oriented business
1470 located within a rural area of critical economic concern, as
1471 defined by s. 288.0656(2)(d)and(e), and are:
1472 (a) Not more than 8 square feet in size or more than 4 feet
1473 in height;
1474 (b) Located only in rural areas, along non-limited access
1475 highways;
1476 (c) Located within 2 miles of the business location and are
1477 not less than 500 feet apart;
1478 (d) Located only in two directions leading to the business;
1479 and
1480 (e) Not located within the road right-of-way.
1481
1482 A business placing such signs must be at least 4 miles from any
1483 other business using this exemption and may not participate in
1484 any other department directional signage program.
1485 (17) Signs not in excess of 32 square feet placed
1486 temporarily during harvest season of a farm operation for a
1487 period of no more than 4 months at a road junction with the
1488 State Highway System denoting only the distance or direction of
1489 the farm operation.
1490 (18) Acknowledgement signs erected upon publicly funded
1491 school premises relating to a specific public school club, team,
1492 or event placed no closer than 1,000 feet from another
1493 acknowledgment sign on the same side of the roadway. All sponsor
1494 information on an acknowledgement sign may constitute no more
1495 than 100 square feet of the sign. As used in this subsection,
1496 the term “acknowledgement signs” means signs that are intended
1497 to inform the traveling public that a public school club, team,
1498 or event has been sponsored by a person, firm, or other entity.
1499 (19) Displays erected upon a sports facility which display
1500 content directly related to the facility’s activities and where
1501 a presence of the products or services offered on the property
1502 exists. Displays are to be mounted flush or flat to the surface
1503 of the sports facility and rely upon the building facade for
1504 structural support. For purposes of this subsection, the term
1505 “sports facility”, means any athletic complex, athletic arena,
1506 or athletic stadium, including physically connected parking
1507 facilities, which is open to the public and has a permanent
1508 installed seating capacity of 15,000 or more.
1509 (20) Signs related to Florida tourism, allowed by the
1510 department at welcome centers operated pursuant to s. 288.12265.
1511 Section 19. Section 479.24, Florida Statutes, is amended to
1512 read:
1513 479.24 Compensation for removal of signs; eminent domain;
1514 exceptions.—
1515 (1) Just compensation shall be paid by the department upon
1516 the department’s acquisition removal of a lawful conforming or
1517 nonconforming sign along any portion of the interstate or
1518 federal-aid primary highway system. This section does not apply
1519 to a sign which is illegal at the time of its removal. A sign
1520 will lose its nonconforming status and become illegal at such
1521 time as it fails to be permitted or maintained in accordance
1522 with all applicable laws, rules, ordinances, or regulations
1523 other than the provision which makes it nonconforming. A legal
1524 nonconforming sign under state law or rule will not lose its
1525 nonconforming status solely because it additionally becomes
1526 nonconforming under an ordinance or regulation of a local
1527 governmental entity passed at a later date. The department shall
1528 make every reasonable effort to negotiate the purchase of the
1529 signs to avoid litigation and congestion in the courts.
1530 (2) The department is not required to remove any sign under
1531 this section if the federal share of the just compensation to be
1532 paid upon removal of the sign is not available to make such
1533 payment, unless an appropriation by the Legislature for such
1534 purpose is made to the department.
1535 (3)(a) The department is authorized to use the power of
1536 eminent domain when necessary to carry out the provisions of
1537 this chapter.
1538 (b) If eminent domain procedures are instituted, just
1539 compensation shall be made pursuant to the state’s eminent
1540 domain procedures, chapters 73 and 74.
1541 Section 20. Section 479.25, Florida Statutes, is amended to
1542 read:
1543 479.25 Erection of noise-attenuation barrier blocking view
1544 of sign; procedures; application.—
1545 (1) The owner of a lawfully erected sign that is governed
1546 by and conforms to state and federal requirements for land use,
1547 size, height, and spacing may increase the height above ground
1548 level of such sign at its permitted location if a noise
1549 attenuation barrier is permitted by or erected by any
1550 governmental entity in such a way as to screen or block
1551 visibility of the sign. Any increase in height permitted under
1552 this section may only be the increase in height which is
1553 required to achieve the same degree of visibility from the
1554 right-of-way which the sign had prior to the construction of the
1555 noise-attenuation barrier, notwithstanding the restrictions
1556 contained in s. 479.07(9)(b). A sign reconstructed under this
1557 section shall comply with the building standards and wind load
1558 requirements set forth in the Florida Building Code. If
1559 construction of a proposed noise-attenuation barrier will screen
1560 a sign lawfully permitted under this chapter, the department
1561 shall provide notice to the local government or local
1562 jurisdiction within which the sign is located prior to
1563 construction erection of the noise-attenuation barrier. Upon a
1564 determination that an increase in the height of a sign as
1565 permitted under this section will violate a provision contained
1566 in an ordinance or land development regulation of the local
1567 government or local jurisdiction, prior to construction, the
1568 local government or local jurisdiction shall so notify the
1569 department. When notice has been received from the local
1570 government or local jurisdiction prior to erection of the noise
1571 attenuation barrier, the department shall:
1572 (a) Provide a variance or waiver to the local ordinance or
1573 land development regulations to Conduct a written survey of all
1574 property owners identified as impacted by highway noise and who
1575 may benefit from the proposed noise-attenuation barrier. The
1576 written survey shall inform the property owners of the location,
1577 date, and time of the public hearing described in paragraph (b)
1578 and shall specifically advise the impacted property owners that:
1579 1. Erection of the noise-attenuation barrier may block the
1580 visibility of an existing outdoor advertising sign;
1581 2. The local government or local jurisdiction may restrict
1582 or prohibit increasing the height of the existing outdoor
1583 advertising sign to make it visible over the barrier; and
1584 3. If a majority of the impacted property owners vote for
1585 construction of the noise-attenuation barrier, the local
1586 government or local jurisdiction will be required to:
1587 a. allow an increase in the height of the sign in violation
1588 of a local ordinance or land development regulation;
1589 (b)b. Allow the sign to be relocated or reconstructed at
1590 another location if the sign owner agrees; or
1591 (c)c. Pay the fair market value of the sign and its
1592 associated interest in the real property.
1593 (2)(b) The department shall hold Hold a public hearing
1594 within the boundaries of the affected local governments or local
1595 jurisdictions to receive input on the proposed noise-attenuation
1596 barrier and its conflict with the local ordinance or land
1597 development regulation and to suggest or consider alternatives
1598 or modifications to the proposed noise-attenuation barrier to
1599 alleviate or minimize the conflict with the local ordinance or
1600 land development regulation or minimize any costs that may be
1601 associated with relocating, reconstructing, or paying for the
1602 affected sign. The public hearing may be held concurrently with
1603 other public hearings scheduled for the project. The department
1604 shall provide a written notification to the local government or
1605 local jurisdiction of the date and time of the public hearing
1606 and shall provide general notice of the public hearing in
1607 accordance with the notice provisions of s. 335.02(1). The
1608 notice shall not be placed in that portion of a newspaper in
1609 which legal notices or classified advertisements appear. The
1610 notice shall specifically state that:
1611 (a)1. Erection of the proposed noise-attenuation barrier
1612 may block the visibility of an existing outdoor advertising
1613 sign;
1614 (b)2. The local government or local jurisdiction may
1615 restrict or prohibit increasing the height of the existing
1616 outdoor advertising sign to make it visible over the barrier;
1617 and
1618 (c)3. Upon If a majority of the impacted property owners
1619 vote for construction of the noise-attenuation barrier, the
1620 local government or local jurisdiction shall will be required
1621 to:
1622 1.a. Allow an increase in the height of the sign through a
1623 waiver or variance to in violation of a local ordinance or land
1624 development regulation;
1625 2.b. Allow the sign to be relocated or reconstructed at
1626 another location if the sign owner agrees; or
1627 3.c. Pay the fair market value of the sign and its
1628 associated interest in the real property.
1629 (3)(2) The department may shall not permit erection of the
1630 noise-attenuation barrier to the extent the barrier screens or
1631 blocks visibility of the sign until after the public hearing is
1632 held and until such time as the survey has been conducted and a
1633 majority of the impacted property owners have indicated approval
1634 to erect the noise-attenuation barrier. When the impacted
1635 property owners approve of the noise-attenuation barrier
1636 construction, the department shall notify the local governments
1637 or local jurisdictions. The local government or local
1638 jurisdiction shall, notwithstanding the provisions of a
1639 conflicting ordinance or land development regulation:
1640 (a) Issue a permit by variance or otherwise for the
1641 reconstruction of a sign under this section;
1642 (b) Allow the relocation of a sign, or construction of
1643 another sign, at an alternative location that is permittable
1644 under the provisions of this chapter, if the sign owner agrees
1645 to relocate the sign or construct another sign; or
1646 (c) Refuse to issue the required permits for reconstruction
1647 of a sign under this section and pay fair market value of the
1648 sign and its associated interest in the real property to the
1649 owner of the sign.
1650 (4)(3) This section does shall not apply to the provisions
1651 of any existing written agreement executed before July 1, 2006,
1652 between any local government and the owner of an outdoor
1653 advertising sign.
1654 Section 21. Subsection (1) of section 479.261, Florida
1655 Statutes, is amended to read:
1656 479.261 Logo sign program.—
1657 (1) The department shall establish a logo sign program for
1658 the rights-of-way of the limited access interstate highway
1659 system to provide information to motorists about available gas,
1660 food, lodging, camping, attractions, and other services, as
1661 approved by the Federal Highway Administration, at interchanges
1662 through the use of business logos and may include additional
1663 interchanges under the program.
1664 (a) As used in this chapter, the term “attraction” means an
1665 establishment, site, facility, or landmark that is open a
1666 minimum of 5 days a week for 52 weeks a year; that has as its
1667 principal focus family-oriented entertainment, cultural,
1668 educational, recreational, scientific, or historical activities;
1669 and that is publicly recognized as a bona fide tourist
1670 attraction.
1671 (b) The department shall incorporate the use of RV-friendly
1672 markers on specific information logo signs for establishments
1673 that cater to the needs of persons driving recreational
1674 vehicles. Establishments that qualify for participation in the
1675 specific information logo program and that also qualify as “RV
1676 friendly” may request the RV-friendly marker on their specific
1677 information logo sign. An RV-friendly marker must consist of a
1678 design approved by the Federal Highway Administration. The
1679 department shall adopt rules in accordance with chapter 120 to
1680 administer this paragraph, including rules setting forth the
1681 minimum requirements that establishments must meet in order to
1682 qualify as RV-friendly. These requirements shall include large
1683 parking spaces, entrances, and exits that can easily accommodate
1684 recreational vehicles and facilities having appropriate overhead
1685 clearances, if applicable.
1686 Section 22. Section 479.313, Florida Statutes, is amended
1687 to read:
1688 479.313 Permit revocation and cancellation; cost of
1689 removal.—All costs incurred by the department in connection with
1690 the removal of a sign located within a controlled area adjacent
1691 to the State Highway System, interstate highway system, or
1692 federal-aid primary highway system following the revocation or
1693 cancellation of the permit for such sign shall be assessed
1694 against and collected from the permittee.
1695 Section 23. Section 76 of chapter 2012-174, Laws of
1696 Florida, is repealed.
1697 Section 24. This act shall take effect July 1, 2013.