Florida Senate - 2013               CS for CS for CS for SB 1632
       
       
       
       By the Committees on Rules; Appropriations; and Transportation;
       and Senator Latvala
       
       
       
       595-03974-13                                          20131632c3
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 163.01,
    3         F.S.; modifying the definition of the term “public
    4         agency” to include a public transit provider; amending
    5         s. 337.25, F.S.; authorizing the Department of
    6         Transportation to use auction services in the
    7         conveyance of certain property or leasehold interests;
    8         revising certain inventory requirements; revising
    9         provisions and providing criteria for the department
   10         to dispose of certain excess property; providing such
   11         criteria for the disposition of donated property,
   12         property used for a public purpose, or property
   13         acquired to provide replacement housing for certain
   14         displaced persons; providing value offsets for
   15         property that requires significant maintenance costs
   16         or exposes the department to significant liability;
   17         providing procedures for the sale of property to
   18         abutting property owners; deleting provisions to
   19         conform to changes made by the act; providing monetary
   20         restrictions and criteria for the conveyance of
   21         certain leasehold interests; providing exceptions to
   22         restrictions for leases entered into for a public
   23         purpose; providing criteria for the preparation of
   24         estimates of value prepared by the department;
   25         providing that the requirements of s. 73.013, F.S.,
   26         relating to eminent domain, are not modified;
   27         providing that certain programs approved by the
   28         Federal Government relating to the maintenance of
   29         highway roadside rights-of-way must be submitted to
   30         the Legislature for approval; amending s. 373.618,
   31         F.S.; providing that certain public information
   32         systems operated by water management districts must be
   33         approved by the Department of Transportation and the
   34         Federal Highway Administration if such approval is
   35         required by certain laws and regulations; amending
   36         provisions of ch. 479, F.S., relating to outdoor
   37         advertising signs; amending s. 479.01, F.S.; revising
   38         and deleting definitions; amending s. 479.02, F.S.;
   39         revising powers of the department relating to
   40         nonconforming signs; deleting a requirement that the
   41         department adopt certain rules; creating s. 479.024,
   42         F.S.; limiting the placement of signs in commercial or
   43         industrial zones; defining the terms “parcel” and
   44         “utilities”; providing mandatory criteria for local
   45         governments to use in determining zoning for
   46         commercial or industrial parcels; providing that
   47         certain parcels are considered unzoned commercial or
   48         industrial areas; providing that specified uses may
   49         not be independently recognized as commercial or
   50         industrial areas; providing an appeal process for an
   51         applicant whose permit is denied; requiring an
   52         applicant whose application is denied to remove an
   53         existing sign pertaining to the application; requiring
   54         the department to reduce certain transportation
   55         funding in certain circumstances; amending s. 479.03,
   56         F.S.; providing for notice to owners of intervening
   57         privately owned lands before entering upon such lands
   58         to remove an illegal sign; amending s. 479.04, F.S.;
   59         providing that an outdoor advertising license is not
   60         required solely to erect outdoor signs or structures;
   61         amending s. 479.05, F.S.; authorizing the department
   62         to suspend a license for certain offenses and
   63         specifying activities that the licensee may engage in
   64         during the suspension; amending s. 479.07, F.S.;
   65         revising requirements for obtaining sign permits;
   66         conforming and clarifying provisions; requiring an
   67         application fee; revising sign placement requirements
   68         for signs on certain highways; deleting provisions
   69         that establish a pilot program relating to placement
   70         and removing a permit reinstatement fee; amending s.
   71         479.08, F.S.; clarifying provisions relating to the
   72         denial or revocation of a permit because of false or
   73         misleading information in the permit application;
   74         amending s. 479.10, F.S.; providing for cancellation
   75         of a permit; amending s. 479.105, F.S.; revising
   76         notice requirements to owners and advertisers relating
   77         to signs erected or maintained without a permit;
   78         revising procedures providing for the department to
   79         issue a permit as a conforming or nonconforming sign
   80         to the owner of an unpermitted sign; amending s.
   81         479.106, F.S.; increasing an administrative penalty
   82         for illegally removing certain vegetation; amending s.
   83         479.107, F.S.; deleting fines for certain signs on
   84         highway rights-of-way; amending s. 479.111, F.S.;
   85         clarifying provisions relating to signs allowed on
   86         certain highways; amending s. 479.15, F.S.; deleting a
   87         definition; clarifying and conforming provisions
   88         related to permitted signs on property that is the
   89         subject of public acquisition; amending s. 479.156,
   90         F.S.; clarifying provisions related to the regulation
   91         of wall murals; amending s. 479.16, F.S.; providing
   92         that certain provisions relating to the regulation of
   93         signs may not be implemented or continued if such
   94         actions will adversely affect the allocation of
   95         federal funds to the department; exempting from permit
   96         requirements certain signs placed by tourist-oriented
   97         businesses, certain farm signs during harvest season,
   98         acknowledgement signs on publicly funded school
   99         premises, and certain displays on specific sports
  100         facilities; providing for the removal of signs if
  101         certain exemptions do not apply because the allocation
  102         of federal funds to the department will be adversely
  103         impacted; amending s. 479.24, F.S.; clarifying
  104         provisions relating to compensation paid for the
  105         department’s acquisition of lawful signs; amending s.
  106         479.25, F.S.; requiring a local government to grant a
  107         variance or waiver to a local ordinance or regulation
  108         to allow the owner of a lawfully permitted sign to
  109         increase the height of the sign if a noise-attenuation
  110         barrier is permitted by or erected by a governmental
  111         entity in a way that interferes with the visibility of
  112         the sign; deleting provisions to conform; amending s.
  113         479.261, F.S.; conforming provisions related to a logo
  114         sign program on limited access highways; amending s.
  115         479.313, F.S.; requiring a permittee to pay the cost
  116         of removing certain signs following the cancellation
  117         of the permit for the sign; repealing s. 76 of chapter
  118         2012-174, Laws of Florida, relating to authorizing the
  119         department to seek Federal Highway Administration
  120         approval of a tourist-oriented commerce sign pilot
  121         program and directing the department to submit the
  122         approved pilot program for legislative approval;
  123         providing an effective date.
  124  
  125  Be It Enacted by the Legislature of the State of Florida:
  126  
  127         Section 1. Paragraph (b) of subsection (3) of section
  128  163.01, Florida Statutes, is amended to read:
  129         163.01 Florida Interlocal Cooperation Act of 1969.—
  130         (3) As used in this section:
  131         (b) “Public agency” means a political subdivision, agency,
  132  or officer of this state or of any state of the United States,
  133  including, but not limited to, state government, county, city,
  134  school district, single and multipurpose special district,
  135  single and multipurpose public authority, metropolitan or
  136  consolidated government, a separate legal entity or
  137  administrative entity created under subsection (7), a public
  138  transit provider as defined in s. 341.031, an independently
  139  elected county officer, any agency of the United States
  140  Government, a federally recognized Native American tribe, and
  141  any similar entity of any other state of the United States.
  142         Section 2. Section 337.25, Florida Statutes, is amended to
  143  read:
  144         337.25 Acquisition, lease, and disposal of real and
  145  personal property.—
  146         (1)(a) The department may purchase, lease, exchange, or
  147  otherwise acquire any land, property interests, or buildings or
  148  other improvements, including personal property within such
  149  buildings or on such lands, necessary to secure or utilize
  150  transportation rights-of-way for existing, proposed, or
  151  anticipated transportation facilities on the State Highway
  152  System, on the State Park Road System, in a rail corridor, or in
  153  a transportation corridor designated by the department. Such
  154  property shall be held in the name of the state.
  155         (b) The department may accept donations of any land or
  156  buildings or other improvements, including personal property
  157  within such buildings or on such lands with or without such
  158  conditions, reservations, or reverter provisions as are
  159  acceptable to the department. Such donations may be used as
  160  transportation rights-of-way or to secure or utilize
  161  transportation rights-of-way for existing, proposed, or
  162  anticipated transportation facilities on the State Highway
  163  System, on the State Park Road System, or in a transportation
  164  corridor designated by the department.
  165         (c) When lands, buildings, or other improvements are needed
  166  for transportation purposes, but are held by a federal, state,
  167  or local governmental entity and utilized for public purposes
  168  other than transportation, the department may compensate the
  169  entity for such properties by providing functionally equivalent
  170  replacement facilities. The providing of replacement facilities
  171  under this subsection may only be undertaken with the agreement
  172  of the governmental entity affected.
  173         (d) The department may contract pursuant to s. 287.055 for
  174  auction services used in the conveyance of real or personal
  175  property or the conveyance of leasehold interests under the
  176  provisions of subsections (4) and (5). The contract may allow
  177  for the contractor to retain a portion of the proceeds as
  178  compensation for the contractor’s services.
  179         (2) A complete inventory shall be made of all real or
  180  personal property immediately upon possession or acquisition.
  181  Such inventory shall include a statement of the location or site
  182  of each piece of realty, structure, or severable item an
  183  itemized listing of all appliances, fixtures, and other
  184  severable items; a statement of the location or site of each
  185  piece of realty, structure, or severable item; and the serial
  186  number assigned to each. Copies of each inventory shall be filed
  187  in the district office in which the property is located. Such
  188  inventory shall be carried forward to show the final disposition
  189  of each item of property, both real and personal.
  190         (3) The inventory of real property which was acquired by
  191  the state after December 31, 1988, which has been owned by the
  192  state for 10 or more years, and which is not within a
  193  transportation corridor or within the right-of-way of a
  194  transportation facility shall be evaluated to determine the
  195  necessity for retaining the property. If the property is not
  196  needed for the construction, operation, and maintenance of a
  197  transportation facility, or is not located within a
  198  transportation corridor, the department may dispose of the
  199  property pursuant to subsection (4).
  200         (4) The department may convey sell, in the name of the
  201  state, any land, building, or other property, real or personal,
  202  which was acquired under the provisions of subsection (1) and
  203  which the department has determined is not needed for the
  204  construction, operation, and maintenance of a transportation
  205  facility. With the exception of any parcel governed by paragraph
  206  (c), paragraph (d), paragraph (f), paragraph (g), or paragraph
  207  (i), the department shall afford first right of refusal to the
  208  local government in the jurisdiction of which the parcel is
  209  situated. When such a determination has been made, property may
  210  be disposed of through negotiations, sealed competitive bids,
  211  auctions, or any other means the department deems to be in its
  212  best interest, with due advertisement for property valued by the
  213  department at greater than $10,000. A sale may not occur at a
  214  price less than the department’s current estimate of value,
  215  except as provided in paragraphs (a)-(d). The department may
  216  afford a right of first refusal to the local government or other
  217  political subdivision in the jurisdiction in which the parcel is
  218  situated, except in conveyances transacted under paragraph (a),
  219  paragraph (c), or paragraph (e). in the following manner:
  220         (a) If the value of the property has been donated to the
  221  state for transportation purposes and a facility has not been
  222  constructed for a period of at least 5 years, plans have not
  223  been prepared for the construction of such facility, and the
  224  property is not located in a transportation corridor, the
  225  governmental entity may authorize reconveyance of the donated
  226  property for no consideration to the original donor or the
  227  donor’s heirs, successors, assigns, or representatives is
  228  $10,000 or less as determined by department estimate, the
  229  department may negotiate the sale.
  230         (b) If the value of the property is to be used for a public
  231  purpose, the property may be conveyed without consideration to a
  232  governmental entity exceeds $10,000 as determined by department
  233  estimate, such property may be sold to the highest bidder
  234  through receipt of sealed competitive bids, after due
  235  advertisement, or by public auction held at the site of the
  236  improvement which is being sold.
  237         (c) If the property was originally acquired specifically to
  238  provide replacement housing for persons displaced by
  239  transportation projects, the department may negotiate for the
  240  sale of such property as replacement housing. As compensation,
  241  the state shall receive no less than its investment in such
  242  property or the department’s current estimate of value,
  243  whichever is lower. It is expressly intended that this benefit
  244  be extended only to persons actually displaced by the project.
  245  Dispositions to any other person must be for no less than the
  246  department’s current estimate of value, in the discretion of the
  247  department, public sale would be inequitable, properties may be
  248  sold by negotiation to the owner holding title to the property
  249  abutting the property to be sold, provided such sale is at a
  250  negotiated price not less than fair market value as determined
  251  by an independent appraisal, the cost of which shall be paid by
  252  the owner of the abutting land. If negotiations do not result in
  253  the sale of the property to the owner of the abutting land and
  254  the property is sold to someone else, the cost of the
  255  independent appraisal shall be borne by the purchaser; and the
  256  owner of the abutting land shall have the cost of the appraisal
  257  refunded to him or her. If, however, no purchase takes place,
  258  the owner of the abutting land shall forfeit the sum paid by him
  259  or her for the independent appraisal. If, due to action of the
  260  department, the property is removed from eligibility for sale,
  261  the cost of any appraisal prepared shall be refunded to the
  262  owner of the abutting land.
  263         (d) If the department determines that the property will
  264  require significant costs to be incurred or that continued
  265  ownership of the property exposes the department to significant
  266  liability risks, the department may use the projected
  267  maintenance costs over the next 10 years to offset the
  268  property’s value in establishing a value for disposal of the
  269  property, even if that value is zero property acquired for use
  270  as a borrow pit is no longer needed, the department may sell
  271  such property to the owner of the parcel of abutting land from
  272  which the borrow pit was originally acquired, provided the sale
  273  is at a negotiated price not less than fair market value as
  274  determined by an independent appraisal, the cost of which shall
  275  be paid by the owner of such abutting land.
  276         (e) If, in the discretion of the department, a sale to
  277  anyone other than an abutting property owner would be
  278  inequitable, the property may be sold to the abutting owner for
  279  the department’s current estimate of value. If the department
  280  begins the process for disposing of the property on its own
  281  initiative, either by negotiation under the provisions of
  282  paragraph (a), paragraph (c), or paragraph (d), or paragraph
  283  (i), or by receipt of sealed competitive bids or public auction
  284  under the provisions of paragraph (b) or paragraph (i), a
  285  department staff appraiser may determine the fair market value
  286  of the property by an appraisal.
  287         (f) Any property which was acquired by a county or by the
  288  department using constitutional gas tax funds for the purpose of
  289  a right-of-way or borrow pit for a road on the State Highway
  290  System, State Park Road System, or county road system and which
  291  is no longer used or needed by the department may be conveyed
  292  without consideration to that county. The county may then sell
  293  such surplus property upon receipt of competitive bids in the
  294  same manner prescribed in this section.
  295         (g) If a property has been donated to the state for
  296  transportation purposes and the facility has not been
  297  constructed for a period of at least 5 years and no plans have
  298  been prepared for the construction of such facility and the
  299  property is not located in a transportation corridor, the
  300  governmental entity may authorize reconveyance of the donated
  301  property for no consideration to the original donor or the
  302  donor’s heirs, successors, assigns, or representatives.
  303         (h) If property is to be used for a public purpose, the
  304  property may be conveyed without consideration to a governmental
  305  entity.
  306         (i) If property was originally acquired specifically to
  307  provide replacement housing for persons displaced by
  308  transportation projects, the department may negotiate for the
  309  sale of such property as replacement housing. As compensation,
  310  the state shall receive no less than its investment in such
  311  properties or fair market value, whichever is lower. It is
  312  expressly intended that this benefit be extended only to those
  313  persons actually displaced by such project. Dispositions to any
  314  other persons must be for fair market value.
  315         (j) If the department determines that the property will
  316  require significant costs to be incurred or that continued
  317  ownership of the property exposes the department to significant
  318  liability risks, the department may use the projected
  319  maintenance costs over the next 5 years to offset the market
  320  value in establishing a value for disposal of the property, even
  321  if that value is zero.
  322         (5) The department may convey a leasehold interest for
  323  commercial or other purposes, in the name of the state, to any
  324  land, building, or other property, real or personal, which was
  325  acquired under the provisions of subsection (1). However, a
  326  lease may not be entered into at a price less than the
  327  department’s current estimate of value.
  328         (a) A lease may be through negotiations, sealed competitive
  329  bids, auctions, or any other means the department deems to be in
  330  its best interest The department may negotiate such a lease at
  331  the prevailing market value with the owner from whom the
  332  property was acquired; with the holders of leasehold estates
  333  existing at the time of the department’s acquisition; or, if
  334  public bidding would be inequitable, with the owner holding
  335  title to privately owned abutting property, if reasonable notice
  336  is provided to all other owners of abutting property. The
  337  department may allow an outdoor advertising sign to remain on
  338  the property acquired, or be relocated on department property,
  339  and such sign shall not be considered a nonconforming sign
  340  pursuant to chapter 479.
  341         (b) If, in the discretion of the department, a lease to a
  342  person other than an abutting property owner or tenant with a
  343  leasehold interest in the abutting property would be
  344  inequitable, the property may be leased to the abutting owner or
  345  tenant for no less than the department’s current estimate of
  346  value All other leases shall be by competitive bid.
  347         (c) No lease signed pursuant to paragraph (a) or paragraph
  348  (b) shall be for a period of more than 5 years; however, the
  349  department may renegotiate or extend such a lease for an
  350  additional term of 5 years as the department deems appropriate
  351  without rebidding.
  352         (d) Each lease shall provide that, unless otherwise
  353  directed by the lessor, any improvements made to the property
  354  during the term of the lease shall be removed at the lessee’s
  355  expense.
  356         (e) If property is to be used for a public purpose,
  357  including a fair, art show, or other educational, cultural, or
  358  fundraising activity, the property may be leased without
  359  consideration to a governmental entity or school board. A lease
  360  for a public purpose is exempt from the term limits in paragraph
  361  (c).
  362         (f) Paragraphs (c) and (e) (d) do not apply to leases
  363  entered into pursuant to s. 260.0161(3), except as provided in
  364  such a lease.
  365         (g) No lease executed under this subsection may be utilized
  366  by the lessee to establish the 4 years’ standing required by s.
  367  73.071(3)(b) if the business had not been established for the
  368  specified number of 4 years on the date title passed to the
  369  department.
  370         (h) The department may enter into a long-term lease without
  371  compensation with a public port listed in s. 403.021(9)(b) for
  372  rail corridors used for the operation of a short-line railroad
  373  to the port.
  374         (6) Nothing in this chapter prevents the joint use of
  375  right-of-way for alternative modes of transportation; provided
  376  that the joint use does not impair the integrity and safety of
  377  the transportation facility.
  378         (7) The department’s estimate of value, required by
  379  subsections (4) and (5), shall be prepared in accordance with
  380  department procedures, guidelines, and rules for valuation of
  381  real property. If the value of the property exceeds $50,000, as
  382  determined by the department estimate, the sale or lease must be
  383  at a negotiated price not less than the estimate of value as
  384  determined by an appraisal prepared in accordance with
  385  department procedures, guidelines, and rules for valuation of
  386  real property, the cost of which shall be paid by the party
  387  seeking the purchase or lease of the property appraisal required
  388  by paragraphs (4)(c) and (d) shall be prepared in accordance
  389  with department guidelines and rules by an independent appraiser
  390  who has been certified by the department. If federal funds were
  391  used in the acquisition of the property, the appraisal shall
  392  also be subject to the approval of the Federal Highway
  393  Administration.
  394         (8) A “due advertisement” under this section is an
  395  advertisement in a newspaper of general circulation in the area
  396  of the improvements of not less than 14 calendar days prior to
  397  the date of the receipt of bids or the date on which a public
  398  auction is to be held.
  399         (9) The department, with the approval of the Chief
  400  Financial Officer, is authorized to disburse state funds for
  401  real estate closings in a manner consistent with good business
  402  practices and in a manner minimizing costs and risks to the
  403  state.
  404         (10) The department is authorized to purchase title
  405  insurance in those instances where it is determined that such
  406  insurance is necessary to protect the public’s investment in
  407  property being acquired for transportation purposes. The
  408  department shall adopt procedures to be followed in making the
  409  determination to purchase title insurance for a particular
  410  parcel or group of parcels which, at a minimum, shall set forth
  411  criteria which the parcels must meet.
  412         (11) This section does not modify the requirements of s.
  413  73.013.
  414         Section 3. If the Federal Government approves a program
  415  that allows participation in the maintenance of highway roadside
  416  rights-of-way through monetary contributions in exchange for
  417  recognition of services provided in the form of organic
  418  corporate emblems placed in view of passing motorists, the
  419  Department of Transportation shall submit the program for
  420  legislative approval in the next regular legislative session.
  421         Section 4. Section 373.618, Florida Statutes, is amended to
  422  read:
  423         373.618 Public service warnings, alerts, and
  424  announcements.—The Legislature believes it is in the public
  425  interest that all water management districts created pursuant to
  426  s. 373.069 own, acquire, develop, construct, operate, and manage
  427  public information systems. Public information systems may be
  428  located on property owned by the water management district, upon
  429  terms and conditions approved by the water management district,
  430  and must display messages to the general public concerning water
  431  management services, activities, events, and sponsors, as well
  432  as other public service announcements, including watering
  433  restrictions, severe weather reports, amber alerts, and other
  434  essential information needed by the public. Local government
  435  review or approval is not required for a public information
  436  system owned or hereafter acquired, developed, or constructed by
  437  the water management district on its own property. A public
  438  information system is exempt from the requirements of chapter
  439  479. However, a public information system that is subject to the
  440  Highway Beautification Act of 1965 must be approved by the
  441  Department of Transportation and the Federal Highway
  442  Administration if such approval is required by federal law and
  443  federal regulation under the agreement between the state and the
  444  United States Department of Transportation and by federal
  445  regulations enforced by the Department of Transportation under
  446  s. 479.02(1). Water management district funds may not be used to
  447  pay the cost to acquire, develop, construct, operate, or manage
  448  a public information system. Any necessary funds for a public
  449  information system shall be paid for and collected from private
  450  sponsors who may display commercial messages.
  451         Section 5. Section 479.01, Florida Statutes, is amended to
  452  read:
  453         479.01 Definitions.—As used in this chapter, the term:
  454         (1) “Allowable uses” means those uses that are authorized
  455  within a zoning category without the requirement to obtain a
  456  variance or waiver. The term includes conditional uses and those
  457  allowed by special exception, but does not include uses that are
  458  accessory, incidental to the allowable uses, or allowed only on
  459  a temporary basis.
  460         (2) “Automatic changeable facing” means a facing that is
  461  capable of delivering two or more advertising messages through
  462  an automated or remotely controlled process.
  463         (3) “Business of outdoor advertising” means the business of
  464  constructing, erecting, operating, using, maintaining, leasing,
  465  or selling outdoor advertising structures, outdoor advertising
  466  signs, or outdoor advertisements.
  467         (4) “Commercial or industrial zone” means a parcel of land
  468  designated for commercial or industrial uses under both the
  469  future land use map of the comprehensive plan and the land use
  470  development regulations adopted pursuant to chapter 163. If a
  471  parcel is located in an area designated for multiple uses on the
  472  future land use map of a comprehensive plan and the zoning
  473  category of the land development regulations does not clearly
  474  designate that parcel for a specific use, the area will be
  475  considered an unzoned commercial or industrial area if it meets
  476  the criteria of subsection (26).
  477         (4)(5) “Commercial use” means activities associated with
  478  the sale, rental, or distribution of products or the performance
  479  of services. The term includes, without limitation, such uses or
  480  activities as retail sales; wholesale sales; rentals of
  481  equipment, goods, or products; offices; restaurants; food
  482  service vendors; sports arenas; theaters; and tourist
  483  attractions.
  484         (5)(6) “Controlled area” means 660 feet or less from the
  485  nearest edge of the right-of-way of any portion of the State
  486  Highway System, interstate, or federal-aid primary system and
  487  beyond 660 feet of the nearest edge of the right-of-way of any
  488  portion of the State Highway System, interstate, or federal-aid
  489  primary system outside an urban area.
  490         (6)(7) “Department” means the Department of Transportation.
  491         (7)(8) “Erect” means to construct, build, raise, assemble,
  492  place, affix, attach, create, paint, draw, or in any other way
  493  bring into being or establish; but it does not include any of
  494  the foregoing activities when performed as an incident to the
  495  change of advertising message or customary maintenance or repair
  496  of a sign.
  497         (8)(9) “Federal-aid primary highway system” means the
  498  federal-aid primary highway system in existence on June 1, 1991,
  499  and any highway that was not a part of such system as of that
  500  date, but that is, or became after June 1, 1991, a part of the
  501  National Highway System, including portions that have been
  502  accepted as part of the National Highway System but are unbuilt
  503  or unopened existing, unbuilt, or unopened system of highways or
  504  portions thereof, which shall include the National Highway
  505  System, designated as the federal-aid primary highway system by
  506  the department.
  507         (9)(10) “Highway” means any road, street, or other way open
  508  or intended to be opened to the public for travel by motor
  509  vehicles.
  510         (10)(11) “Industrial use” means activities associated with
  511  the manufacture, assembly, processing, or storage of products or
  512  the performance of services relating thereto. The term includes,
  513  without limitation, such uses or activities as automobile
  514  manufacturing or repair, boat manufacturing or repair, junk
  515  yards, meat packing facilities, citrus processing and packing
  516  facilities, produce processing and packing facilities,
  517  electrical generating plants, water treatment plants, sewage
  518  treatment plants, and solid waste disposal sites.
  519         (11)(12) “Interstate highway system” means the existing,
  520  unbuilt, or unopened system of highways or portions thereof
  521  designated as the national system of interstate and defense
  522  highways by the department.
  523         (12)(13) “Main-traveled way” means the traveled way of a
  524  highway on which through traffic is carried. In the case of a
  525  divided highway, the traveled way of each of the separate
  526  roadways for traffic in opposite directions is a main-traveled
  527  way. It does not include such facilities as frontage roads,
  528  turning roadways which specifically include on-ramps or off
  529  ramps to the interstate highway system, or parking areas.
  530         (13)(14) “Maintain” means to allow to exist.
  531         (14)(15) “Motorist services directional signs” means signs
  532  providing directional information about goods and services in
  533  the interest of the traveling public where such signs were
  534  lawfully erected and in existence on or before May 6, 1976, and
  535  continue to provide directional information to goods and
  536  services in a defined area.
  537         (15)(16) “New highway” means the construction of any road,
  538  paved or unpaved, where no road previously existed or the act of
  539  paving any previously unpaved road.
  540         (16)(17) “Nonconforming sign” means a sign which was
  541  lawfully erected but which does not comply with the land use,
  542  setback, size, spacing, and lighting provisions of state or
  543  local law, rule, regulation, or ordinance passed at a later date
  544  or a sign which was lawfully erected but which later fails to
  545  comply with state or local law, rule, regulation, or ordinance
  546  due to changed conditions.
  547         (17)(18) “Premises” means all the land areas under
  548  ownership or lease arrangement to the sign owner which are
  549  contiguous to the business conducted on the land except for
  550  instances where such land is a narrow strip contiguous to the
  551  advertised activity or is connected by such narrow strip, the
  552  only viable use of such land is to erect or maintain an
  553  advertising sign. When the sign owner is a municipality or
  554  county, “premises” shall mean all lands owned or leased by such
  555  municipality or county within its jurisdictional boundaries as
  556  set forth by law.
  557         (18)(19) “Remove” means to disassemble all sign materials
  558  above ground level and, transport them from the site, and
  559  dispose of sign materials by sale or destruction.
  560         (19)(20) “Sign” means any combination of structure and
  561  message in the form of an outdoor sign, display, device, figure,
  562  painting, drawing, message, placard, poster, billboard,
  563  advertising structure, advertisement, logo, symbol, or other
  564  form, whether placed individually or on a V-type, back-to-back,
  565  side-to-side, stacked, or double-faced display or automatic
  566  changeable facing, designed, intended, or used to advertise or
  567  inform, any part of the advertising message or informative
  568  contents of which is visible from any place on the main-traveled
  569  way. The term does not include an official traffic control sign,
  570  official marker, or specific information panel erected, caused
  571  to be erected, or approved by the department.
  572         (20)(21) “Sign direction” means that direction from which
  573  the message or informative contents are most visible to oncoming
  574  traffic on the main-traveled way.
  575         (21)(22) “Sign face” means the part of the sign, including
  576  trim and background, which contains the message or informative
  577  contents, including an automatic changeable face.
  578         (22)(23) “Sign facing” includes all sign faces and
  579  automatic changeable faces displayed at the same location and
  580  facing the same direction.
  581         (23)(24) “Sign structure” means all the interrelated parts
  582  and material, such as beams, poles, and stringers, which are
  583  constructed for the purpose of supporting or displaying a
  584  message or informative contents.
  585         (24)(25) “State Highway System” has the same meaning as in
  586  s. 334.03 means the existing, unbuilt, or unopened system of
  587  highways or portions thereof designated as the State Highway
  588  System by the department.
  589         (26) “Unzoned commercial or industrial area” means a parcel
  590  of land designated by the future land use map of the
  591  comprehensive plan for multiple uses that include commercial or
  592  industrial uses but are not specifically designated for
  593  commercial or industrial uses under the land development
  594  regulations, in which three or more separate and distinct
  595  conforming industrial or commercial activities are located.
  596         (a) These activities must satisfy the following criteria:
  597         1. At least one of the commercial or industrial activities
  598  must be located on the same side of the highway and within 800
  599  feet of the sign location;
  600         2. The commercial or industrial activities must be within
  601  660 feet from the nearest edge of the right-of-way; and
  602         3. The commercial industrial activities must be within
  603  1,600 feet of each other.
  604  
  605  Distances specified in this paragraph must be measured from the
  606  nearest outer edge of the primary building or primary building
  607  complex when the individual units of the complex are connected
  608  by covered walkways.
  609         (b) Certain activities, including, but not limited to, the
  610  following, may not be so recognized as commercial or industrial
  611  activities:
  612         1. Signs.
  613         2. Agricultural, forestry, ranching, grazing, farming, and
  614  related activities, including, but not limited to, wayside fresh
  615  produce stands.
  616         3. Transient or temporary activities.
  617         4. Activities not visible from the main-traveled way.
  618         5. Activities conducted more than 660 feet from the nearest
  619  edge of the right-of-way.
  620         6. Activities conducted in a building principally used as a
  621  residence.
  622         7. Railroad tracks and minor sidings.
  623         8. Communication towers.
  624         (25)(27) “Urban area” has the same meaning as defined in s.
  625  334.03(31).
  626         (26)(28) “Visible commercial or industrial activity” means
  627  a commercial or industrial activity that is capable of being
  628  seen without visual aid by a person of normal visual acuity from
  629  the main-traveled way and that is generally recognizable as
  630  commercial or industrial.
  631         (27)(29) “Visible sign” means that the advertising message
  632  or informative contents of a sign, whether or not legible, is
  633  capable of being seen without visual aid by a person of normal
  634  visual acuity.
  635         (28)(30) “Wall mural” means a sign that is a painting or an
  636  artistic work composed of photographs or arrangements of color
  637  and that displays a commercial or noncommercial message, relies
  638  solely on the side of the building for rigid structural support,
  639  and is painted on the building or depicted on vinyl, fabric, or
  640  other similarly flexible material that is held in place flush or
  641  flat against the surface of the building. The term excludes a
  642  painting or work placed on a structure that is erected for the
  643  sole or primary purpose of signage.
  644         (29)(31) “Zoning category” means the designation under the
  645  land development regulations or other similar ordinance enacted
  646  to regulate the use of land as provided in s. 163.3202(2)(b),
  647  which designation sets forth the allowable uses, restrictions,
  648  and limitations on use applicable to properties within the
  649  category.
  650         Section 6. Section 479.02, Florida Statutes, is amended to
  651  read:
  652         479.02 Duties of the department.—It shall be the duty of
  653  The department shall to:
  654         (1) Administer and enforce the provisions of this chapter,
  655  and the 1972 agreement between the state and the United States
  656  Department of Transportation, relating to the size, lighting,
  657  and spacing of signs in accordance with Title I of the Highway
  658  Beautification Act of 1965 and Title 23, United States Code, and
  659  federal regulations, including, but not limited to, those
  660  pertaining to the maintenance, continuance, and removal of
  661  nonconforming signs in effect as of the effective date of this
  662  act.
  663         (2) Regulate size, height, lighting, and spacing of signs
  664  permitted on commercial and industrial parcels and in unzoned
  665  commercial or industrial areas in zoned and unzoned commercial
  666  areas and zoned and unzoned industrial areas on the interstate
  667  highway system and the federal-aid primary highway system.
  668         (3) Determine unzoned commercial and industrial parcels and
  669  unzoned commercial or areas and unzoned industrial areas in the
  670  manner provided in s. 479.024.
  671         (4) Implement a specific information panel program on the
  672  limited access interstate highway system to promote tourist
  673  oriented businesses by providing directional information safely
  674  and aesthetically.
  675         (5) Implement a rest area information panel or devices
  676  program at rest areas along the interstate highway system and
  677  the federal-aid primary highway system to promote tourist
  678  oriented businesses.
  679         (6) Test and, if economically feasible, implement
  680  alternative methods of providing information in the specific
  681  interest of the traveling public which allow the traveling
  682  public freedom of choice, conserve natural beauty, and present
  683  information safely and aesthetically.
  684         (7) Adopt such rules as it deems necessary or proper for
  685  the administration of this chapter, including rules that which
  686  identify activities that may not be recognized as industrial or
  687  commercial activities for purposes of determination of a an area
  688  as an unzoned commercial or industrial parcel or an unzoned
  689  commercial or industrial area in the manner provided in s.
  690  479.024.
  691         (8) Prior to July 1, 1998, Inventory and determine the
  692  location of all signs on the state, interstate and federal-aid
  693  primary highway systems to be used as. Upon completion of the
  694  inventory, it shall become the database and permit information
  695  for all permitted signs permitted at the time of completion, and
  696  the previous records of the department shall be amended
  697  accordingly. The inventory shall be updated no less than every 2
  698  years. The department shall adopt rules regarding what
  699  information is to be collected and preserved to implement the
  700  purposes of this chapter. The department may perform the
  701  inventory using department staff, or may contract with a private
  702  firm to perform the work, whichever is more cost efficient. The
  703  department shall maintain a database of sign inventory
  704  information such as sign location, size, height, and structure
  705  type, the permitholder’s name, and any other information the
  706  department finds necessary to administer the program.
  707         Section 7. Section 479.024, Florida Statutes, is created to
  708  read:
  709         479.024 Commercial and industrial parcels.—Signs shall only
  710  be permitted by the department in commercial or industrial
  711  zones, as determined by the local government, in compliance with
  712  chapter 163, unless otherwise provided in this chapter.
  713         (1) As used in this section, the term:
  714         (a) “Parcel” means the property where the sign is located
  715  or is proposed to be located.
  716         (b) “Utilities” includes all privately, publicly, or
  717  cooperatively owned lines, facilities, and systems for
  718  producing, transmitting, or distributing communications, power,
  719  electricity, light, heat, gas, oil, crude products, water,
  720  steam, waste, and stormwater not connected with the highway
  721  drainage, and other similar commodities.
  722         (2) The determination as to zoning by the local government
  723  for the parcel must meet the following criteria:
  724         (a) The parcel is comprehensively zoned and includes
  725  commercial or industrial uses as allowable uses.
  726         (b) The parcel can reasonably accommodate a commercial or
  727  industrial use under the future land use map of the
  728  comprehensive plan and land use development regulations, as
  729  follows:
  730         1. Sufficient utilities are available to support commercial
  731  or industrial development.
  732         2. The size, configuration, and public access of the parcel
  733  are sufficient to accommodate a commercial or industrial use,
  734  given requirements in the comprehensive plan and land
  735  development regulations for vehicular access, on-site
  736  circulation, building setbacks, buffering, parking, and other
  737  applicable standards or the parcel consists of railroad tracks
  738  or minor sidings abutting commercial or industrial property that
  739  meets the criteria of this subsection.
  740         (c) The parcel is not being used exclusively for
  741  noncommercial or nonindustrial uses.
  742         (3) If a local government has not designated zoning through
  743  land development regulations in compliance with chapter 163, but
  744  has designated the parcel under the future land use map of the
  745  comprehensive plan for uses that include commercial or
  746  industrial uses, the parcel shall be considered an unzoned
  747  commercial or industrial area. For a permit to be issued for a
  748  sign in an unzoned commercial or industrial area, there must be
  749  three or more distinct commercial or industrial activities
  750  within 1,600 feet of each other, with at least one of the
  751  commercial or industrial activities located on the same side of
  752  the highway as the sign location, and within 800 feet of the
  753  sign location. Multiple commercial or industrial activities
  754  enclosed in one building when all uses have only shared building
  755  entrances shall be considered one use.
  756         (4) For purposes of this section, certain uses and
  757  activities may not be independently recognized as commercial or
  758  industrial, including, but not limited to:
  759         (a)Signs.
  760         (b) Agricultural, forestry, ranching, grazing, farming, and
  761  related activities, including, but not limited to, wayside fresh
  762  produce stands.
  763         (c) Transient or temporary activities.
  764         (d) Activities not visible from the main-traveled way,
  765  unless a department transportation facility is the only cause
  766  for the activity not being visible.
  767         (e) Activities conducted more than 660 feet from the
  768  nearest edge of the right-of-way.
  769         (f) Activities conducted in a building principally used as
  770  a residence.
  771         (g) Railroad tracks and minor sidings, unless such use is
  772  immediately abutted by commercial or industrial property that
  773  meets the criteria in subsection (2).
  774         (h)Communication towers.
  775         (i) Governmental uses, unless those governmental uses would
  776  be industrial in nature if privately owned and operated. Such
  777  industrial uses must be the present and actual use, not merely
  778  be among the allowed uses.
  779         (5) If the local government has indicated that the proposed
  780  sign location is on a parcel that is in a commercial or
  781  industrial zone, but the department finds that it is not, the
  782  department shall notify the sign applicant in writing of its
  783  determination.
  784         (6) An applicant whose application for a permit is denied
  785  may, within 30 days after the receipt of the notification of
  786  intent to deny, request an administrative hearing pursuant to
  787  chapter 120 for a determination of whether the parcel is located
  788  in a commercial or industrial zone. Upon receipt of such
  789  request, the department shall notify the local government that
  790  the applicant has requested an administrative hearing pursuant
  791  to chapter 120.
  792         (7) If the department in a final order determines that the
  793  parcel does not meet the permitting conditions in this section
  794  and a sign structure exists on the parcel, the applicant shall
  795  remove the sign within 30 days after the date of the order and
  796  is responsible for all sign removal costs.
  797         (8) If the Federal Highway Administration reduces funds
  798  that would otherwise be apportioned to the department due to a
  799  local government’s failure to be compliant with this section,
  800  the department shall reduce apportioned transportation funding
  801  to the local government by an equivalent amount.
  802         Section 8. Section 479.03, Florida Statutes, is amended to
  803  read:
  804         479.03 Jurisdiction of the Department of Transportation;
  805  entry upon privately owned lands.—The territory under the
  806  jurisdiction of the department for the purpose of this chapter
  807  shall include all the state. Employees, agents, or independent
  808  contractors working for the department, in the performance of
  809  their functions and duties under the provisions of this chapter,
  810  may enter into and upon any land upon which a sign is displayed,
  811  is proposed to be erected, or is being erected and make such
  812  inspections, surveys, and removals as may be relevant. Upon
  813  written notice to After receiving consent by the landowner,
  814  operator, or person in charge of an intervening privately owned
  815  land that or appropriate inspection warrant issued by a judge of
  816  any county court or circuit court of this state which has
  817  jurisdiction of the place or thing to be removed, that the
  818  removal of an illegal outdoor advertising sign is necessary and
  819  has been authorized by a final order or results from an
  820  uncontested notice to the sign owner, the department may shall
  821  be authorized to enter upon any intervening privately owned
  822  lands for the purposes of effectuating removal of illegal signs,
  823  provided that the department shall only do so in circumstances
  824  where it has determined that no other legal or economically
  825  feasible means of entry to the sign site are reasonably
  826  available. Except as otherwise provided by this chapter, the
  827  department shall be responsible for the repair or replacement in
  828  a like manner for any physical damage or destruction of private
  829  property, other than the sign, incidental to the department’s
  830  entry upon such intervening privately owned lands.
  831         Section 9. Section 479.04, Florida Statutes, is amended to
  832  read:
  833         479.04 Business of outdoor advertising; license
  834  requirement; renewal; fees.—
  835         (1) A No person may not shall engage in the business of
  836  outdoor advertising in this state without first obtaining a
  837  license therefor from the department. Such license shall be
  838  renewed annually. The fee for such license, and for each annual
  839  renewal, is $300. License renewal fees shall be payable as
  840  provided for in s. 479.07.
  841         (2) A No person is not shall be required to obtain the
  842  license provided for in this section solely to erect or
  843  construct outdoor advertising signs or structures as an
  844  incidental part of a building construction contract.
  845         Section 10. Section 479.05, Florida Statutes, is amended to
  846  read:
  847         479.05 Denial, suspension, or revocation of license.—The
  848  department may has authority to deny, suspend, or revoke any
  849  license requested or granted under this chapter in any case in
  850  which it determines that the application for the license
  851  contains knowingly false or misleading information of material
  852  consequence, that the licensee has failed to pay fees or costs
  853  owed to the department for outdoor advertising purposes, or that
  854  the licensee has violated any of the provisions of this chapter,
  855  unless such licensee, within 30 days after the receipt of notice
  856  by the department, corrects such false or misleading
  857  information, pays the outstanding amounts, or complies with the
  858  provisions of this chapter. Suspension of a license allows the
  859  licensee to maintain existing sign permits, but the department
  860  may not grant a transfer of an existing permit or issue an
  861  additional permit to a licensee with a suspended license. Any
  862  person aggrieved by an any action of the department which
  863  denies, suspends, or revokes in denying or revoking a license
  864  under this chapter may, within 30 days after from the receipt of
  865  the notice, apply to the department for an administrative
  866  hearing pursuant to chapter 120.
  867         Section 11. Section 479.07, Florida Statutes, is amended to
  868  read:
  869         479.07 Sign permits.—
  870         (1) Except as provided in ss. 479.105(1) 479.105(1)(e) and
  871  479.16, a person may not erect, operate, use, or maintain, or
  872  cause to be erected, operated, used, or maintained, any sign on
  873  the State Highway System outside an urban area, as defined in s.
  874  334.03(31), or on any portion of the interstate or federal-aid
  875  primary highway system without first obtaining a permit for the
  876  sign from the department and paying the annual fee as provided
  877  in this section. As used in this section, the term “on any
  878  portion of the State Highway System, interstate, or federal-aid
  879  primary system” means a sign located within the controlled area
  880  which is visible from any portion of the main-traveled way of
  881  such system.
  882         (2) A person may not apply for a permit unless he or she
  883  has first obtained the Written permission of the owner or other
  884  person in lawful possession or control of the site designated as
  885  the location of the sign is required for issuance of a in the
  886  application for the permit.
  887         (3)(a) An application for a sign permit must be made on a
  888  form prescribed by the department, and a separate application
  889  must be submitted for each permit requested. A permit is
  890  required for each sign facing.
  891         (b) As part of the application, the applicant or his or her
  892  authorized representative must certify in a notarized signed
  893  statement that all information provided in the application is
  894  true and correct and that, pursuant to subsection (2), he or she
  895  has obtained the written permission of the owner or other person
  896  in lawful possession of the site designated as the location of
  897  the sign in the permit application. Every permit application
  898  must be accompanied by the appropriate permit fee,; a signed
  899  statement by the owner or other person in lawful control of the
  900  site on which the sign is located or will be erected,
  901  authorizing the placement of the sign on that site,; and, where
  902  local governmental regulation of signs exists, a statement from
  903  the appropriate local governmental official indicating that the
  904  sign complies with all local government governmental
  905  requirements and, if a local government permit is required for a
  906  sign, that the agency or unit of local government will issue a
  907  permit to that applicant upon approval of the state permit
  908  application by the department.
  909         (c) The annual permit fee for each sign facing shall be
  910  established by the department by rule in an amount sufficient to
  911  offset the total cost to the department for the program, but
  912  shall not exceed $100. The A fee may not be prorated for a
  913  period less than the remainder of the permit year to accommodate
  914  short-term publicity features; however, a first-year fee may be
  915  prorated by payment of an amount equal to one-fourth of the
  916  annual fee for each remaining whole quarter or partial quarter
  917  of the permit year. Applications received after the end of the
  918  third quarter of the permit year must include fees for the last
  919  quarter of the current year and fees for the succeeding year. A
  920  nonrefundable application fee of $25 must accompany each permit
  921  application.
  922         (4) An application for a permit shall be acted on by
  923  granting, denying, or returning the incomplete application the
  924  department within 30 days after receipt of the application by
  925  the department.
  926         (5)(a) For each permit issued, the department shall furnish
  927  to the applicant a serially numbered permanent metal permit tag.
  928  The permittee is responsible for maintaining a valid permit tag
  929  on each permitted sign facing at all times. The tag shall be
  930  securely attached to the upper 50 percent of the sign structure
  931  sign facing or, if there is no facing, on the pole nearest the
  932  highway; and it shall be attached in such a manner as to be
  933  plainly visible from the main-traveled way. Effective July 1,
  934  2012, the tag must be securely attached to the upper 50 percent
  935  of the pole nearest the highway and must be attached in such a
  936  manner as to be plainly visible from the main-traveled way. The
  937  permit becomes void unless the permit tag must be is properly
  938  and permanently displayed at the permitted site within 30 days
  939  after the date of permit issuance. If the permittee fails to
  940  erect a completed sign on the permitted site within 270 days
  941  after the date on which the permit was issued, the permit will
  942  be void, and the department may not issue a new permit to that
  943  permittee for the same location for 270 days after the date on
  944  which the permit became void.
  945         (b) If a permit tag is lost, stolen, or destroyed, the
  946  permittee to whom the tag was issued must apply to the
  947  department for a replacement tag. The department shall adopt a
  948  rule establishing a service fee for replacement tags in an
  949  amount that will recover the actual cost of providing the
  950  replacement tag. Upon receipt of the application accompanied by
  951  the service fee, the department shall issue a replacement permit
  952  tag. Alternatively, the permittee may provide its own
  953  replacement tag pursuant to department specifications that the
  954  department shall adopt by rule at the time it establishes the
  955  service fee for replacement tags.
  956         (6) A permit is valid only for the location specified in
  957  the permit. Valid permits may be transferred from one sign owner
  958  to another upon written acknowledgment from the current
  959  permittee and submittal of a transfer fee of $5 for each permit
  960  to be transferred. However, the maximum transfer fee for any
  961  multiple transfer between two outdoor advertisers in a single
  962  transaction is $1,000 $100.
  963         (7) A permittee shall at all times maintain the permission
  964  of the owner or other person in lawful control of the sign site
  965  to have and maintain a sign at such site.
  966         (8)(a) In order to reduce peak workloads, the department
  967  may adopt rules providing for staggered expiration dates for
  968  licenses and permits. Unless otherwise provided for by rule, all
  969  licenses and permits expire annually on January 15. All license
  970  and permit renewal fees are required to be submitted to the
  971  department by no later than the expiration date. At least 105
  972  days before prior to the expiration date of licenses and
  973  permits, the department shall send to each permittee a notice of
  974  fees due for all licenses and permits that which were issued to
  975  him or her before prior to the date of the notice. Such notice
  976  shall list the permits and the permit fees due for each sign
  977  facing. The permittee shall, no later than 45 days before prior
  978  to the expiration date, advise the department of any additions,
  979  deletions, or errors contained in the notice. Permit tags which
  980  are not renewed shall be returned to the department for
  981  cancellation by the expiration date. Permits which are not
  982  renewed or are canceled shall be certified in writing at that
  983  time as canceled or not renewed by the permittee, and permit
  984  tags for such permits shall be returned to the department or
  985  shall be accounted for by the permittee in writing, which
  986  writing shall be submitted with the renewal fee payment or the
  987  cancellation certification. However, failure of a permittee to
  988  submit a permit cancellation does shall not affect the
  989  nonrenewal of a permit. Before Prior to cancellation of a
  990  permit, the permittee shall provide written notice to all
  991  persons or entities having a right to advertise on the sign that
  992  the permittee intends to cancel the permit.
  993         (b) If a permittee has not submitted his or her fee payment
  994  by the expiration date of the licenses or permits, the
  995  department shall send a notice of violation to the permittee
  996  within 45 days after the expiration date, requiring the payment
  997  of the permit fee within 30 days after the date of the notice
  998  and payment of a delinquency fee equal to 10 percent of the
  999  original amount due or, in the alternative to these payments,
 1000  requiring the filing of a request for an administrative hearing
 1001  to show cause why the his or her sign should not be subject to
 1002  immediate removal due to expiration of his or her license or
 1003  permit. If the permittee submits payment as required by the
 1004  violation notice, the his or her license or permit will be
 1005  automatically reinstated and such reinstatement will be
 1006  retroactive to the original expiration date. If the permittee
 1007  does not respond to the notice of violation within the 30-day
 1008  period, the department shall, within 30 days, issue a final
 1009  notice of sign removal and may, following 90 days after the date
 1010  of the department’s final notice of sign removal, remove the
 1011  sign without incurring any liability as a result of such
 1012  removal. However, if at any time before removal of the sign, the
 1013  permittee demonstrates that a good faith error on the part of
 1014  the permittee resulted in cancellation or nonrenewal of the
 1015  permit, the department may reinstate the permit if:
 1016         1. The permit reinstatement fee of up to $300 based on the
 1017  size of the sign is paid;
 1018         2. All other permit renewal and delinquent permit fees due
 1019  as of the reinstatement date are paid; and
 1020         3. The permittee reimburses the department for all actual
 1021  costs resulting from the permit cancellation or nonrenewal.
 1022         (c) Conflicting applications filed by other persons for the
 1023  same or competing sites covered by a permit subject to paragraph
 1024  (b) may not be approved until after the sign subject to the
 1025  expired permit has been removed.
 1026         (d) The cost for removing a sign, whether by the department
 1027  or an independent contractor, shall be assessed by the
 1028  department against the permittee.
 1029         (9)(a) A permit may shall not be granted for any sign for
 1030  which a permit had not been granted by the effective date of
 1031  this act unless such sign is located at least:
 1032         1. One thousand five hundred feet from any other permitted
 1033  sign on the same side of the highway, if on an interstate
 1034  highway.
 1035         2. One thousand feet from any other permitted sign on the
 1036  same side of the highway, if on a federal-aid primary highway.
 1037  
 1038  The minimum spacing provided in this paragraph does not preclude
 1039  the permitting of V-type, back-to-back, side-to-side, stacked,
 1040  or double-faced signs at the permitted sign site. If a sign is
 1041  visible to more than one highway subject to the jurisdiction of
 1042  the department and within the controlled area of the highways
 1043  from the controlled area of more than one highway subject to the
 1044  jurisdiction of the department, the sign must shall meet the
 1045  permitting requirements of all highways, and, if the sign meets
 1046  the applicable permitting requirements, be permitted to, the
 1047  highway having the more stringent permitting requirements.
 1048         (b) A permit may shall not be granted for a sign pursuant
 1049  to this chapter to locate such sign on any portion of the
 1050  interstate or federal-aid primary highway system, which sign:
 1051         1. Exceeds 50 feet in sign structure height above the crown
 1052  of the main-traveled way to which the sign is permitted, if
 1053  outside an incorporated area;
 1054         2. Exceeds 65 feet in sign structure height above the crown
 1055  of the main-traveled way to which the sign is permitted, if
 1056  inside an incorporated area; or
 1057         3. Exceeds 950 square feet of sign facing including all
 1058  embellishments.
 1059         (c) Notwithstanding subparagraph (a)1., there is
 1060  established a pilot program in Orange, Hillsborough, and Osceola
 1061  Counties, and within the boundaries of the City of Miami, under
 1062  which the distance between permitted signs on the same side of
 1063  an interstate highway may be reduced to 1,000 feet if all other
 1064  requirements of this chapter are met and if:
 1065         1. The local government has adopted a plan, program,
 1066  resolution, ordinance, or other policy encouraging the voluntary
 1067  removal of signs in a downtown, historic, redevelopment, infill,
 1068  or other designated area which also provides for a new or
 1069  replacement sign to be erected on an interstate highway within
 1070  that jurisdiction if a sign in the designated area is removed;
 1071         2. The sign owner and the local government mutually agree
 1072  to the terms of the removal and replacement; and
 1073         3. The local government notifies the department of its
 1074  intention to allow such removal and replacement as agreed upon
 1075  pursuant to subparagraph 2.
 1076         4. The new or replacement sign to be erected on an
 1077  interstate highway within that jurisdiction is to be located on
 1078  a parcel of land specifically designated for commercial or
 1079  industrial use under both the future land use map of the
 1080  comprehensive plan and the land use development regulations
 1081  adopted pursuant to chapter 163, and such parcel shall not be
 1082  subject to an evaluation in accordance with the criteria set
 1083  forth in s. 479.01(26) to determine if the parcel can be
 1084  considered an unzoned commercial or industrial area.
 1085  
 1086  The department shall maintain statistics tracking the use of the
 1087  provisions of this pilot program based on the notifications
 1088  received by the department from local governments under this
 1089  paragraph.
 1090         (d) This subsection does not cause a sign that was
 1091  conforming on October 1, 1984, to become nonconforming.
 1092         (10) Commercial or industrial zoning that which is not
 1093  comprehensively enacted or that which is enacted primarily to
 1094  permit signs may shall not be recognized as commercial or
 1095  industrial zoning for purposes of this provision, and permits
 1096  may shall not be issued for signs in such areas. The department
 1097  shall adopt rules that within 180 days after this act takes
 1098  effect which shall provide criteria to determine whether such
 1099  zoning is comprehensively enacted or enacted primarily to permit
 1100  signs.
 1101         Section 12. Section 479.08, Florida Statutes, is amended to
 1102  read:
 1103         479.08 Denial or revocation of permit.—The department may
 1104  deny or revoke any permit requested or granted under this
 1105  chapter in any case in which it determines that the application
 1106  for the permit contains knowingly false or misleading
 1107  information of material consequence. The department may revoke
 1108  any permit granted under this chapter in any case in which the
 1109  permittee has violated any of the provisions of this chapter,
 1110  unless such permittee, within 30 days after the receipt of
 1111  notice by the department, complies with the provisions of this
 1112  chapter. For the purpose of this section, the notice of
 1113  violation issued by the department must describe in detail the
 1114  alleged violation. Any person aggrieved by any action of the
 1115  department in denying or revoking a permit under this chapter
 1116  may, within 30 days after receipt of the notice, apply to the
 1117  department for an administrative hearing pursuant to chapter
 1118  120. If a timely request for hearing has been filed and the
 1119  department issues a final order revoking a permit, such
 1120  revocation shall be effective 30 days after the date of
 1121  rendition. Except for department action pursuant to s.
 1122  479.107(1), the filing of a timely and proper notice of appeal
 1123  shall operate to stay the revocation until the department’s
 1124  action is upheld.
 1125         Section 13. Section 479.10, Florida Statutes, is amended to
 1126  read:
 1127         479.10 Sign removal following permit revocation or
 1128  cancellation.—A sign shall be removed by the permittee within 30
 1129  days after the date of revocation or cancellation of the permit
 1130  for the sign. If the permittee fails to remove the sign within
 1131  the 30-day period, the department shall remove the sign at the
 1132  permittee’s expense with or without further notice and without
 1133  incurring any liability as a result of such removal.
 1134         Section 14. Section 479.105, Florida Statutes, is amended
 1135  to read:
 1136         479.105 Signs erected or maintained without required
 1137  permit; removal.—
 1138         (1) Any sign which is located adjacent to the right-of-way
 1139  of any highway on the State Highway System outside an
 1140  incorporated area or adjacent to the right-of-way on any portion
 1141  of the interstate or federal-aid primary highway system, which
 1142  sign was erected, operated, or maintained without the permit
 1143  required by s. 479.07(1) having been issued by the department,
 1144  is declared to be a public nuisance and a private nuisance and
 1145  shall be removed as provided in this section.
 1146         (a) Upon a determination by the department that a sign is
 1147  in violation of s. 479.07(1), the department shall prominently
 1148  post on the sign, or as close to the sign as possible for those
 1149  locations where the sign is not easily accessible, face a notice
 1150  stating that the sign is illegal and must be removed within 30
 1151  days after the date on which the notice was posted. However, if
 1152  the sign bears the name of the licensee or the name and address
 1153  of the nonlicensed sign owner, The department shall,
 1154  concurrently with and in addition to posting the notice on the
 1155  sign, provide a written notice to the owner of the sign, the
 1156  advertiser displayed on the sign, or the owner of the property,
 1157  stating that the sign is illegal and must be permanently removed
 1158  within the 30-day period specified on the posted notice. The
 1159  written notice shall further state that a hearing may be
 1160  requested, the sign owner has a right to request a hearing,
 1161  which request must be filed with the department within 30 days
 1162  after receipt the date of the written notice. However, the
 1163  filing of a request for a hearing will not stay the removal of
 1164  the sign.
 1165         (b) If, pursuant to the notice provided, the sign is not
 1166  removed by the sign owner of the sign, the advertiser displayed
 1167  on the sign, or the owner of the property within the prescribed
 1168  period, the department shall immediately remove the sign without
 1169  further notice; and, for that purpose, the employees, agents, or
 1170  independent contractors of the department may enter upon private
 1171  property without incurring any liability for so entering.
 1172         (c) However, the department may issue a permit for a sign,
 1173  as a conforming or nonconforming sign, if the sign owner
 1174  demonstrates to the department one of the following:
 1175         1. If the sign meets the current requirements of this
 1176  chapter for a sign permit, the sign owner may submit the
 1177  required application package and receive a permit as a
 1178  conforming sign, upon payment of all applicable fees.
 1179         2. If the sign does not meet the current requirements of
 1180  this chapter for a sign permit, the sign owner may receive a
 1181  permit as a nonconforming sign if the department determines that
 1182  the sign is not located on state right-of-way and is not a
 1183  safety hazard and if the sign owner pays a penalty fee of $300
 1184  and all pertinent fees required by this chapter, including
 1185  annual permit renewal fees payable since the date of the
 1186  erection of the sign, and attaches to the permit application
 1187  package documentation that demonstrates that:
 1188         a. The sign has been unpermitted, structurally unchanged,
 1189  and continuously maintained at the same location for a period of
 1190  7 years or more;
 1191         b. During the entire period in which the sign has been
 1192  erected, a permit was required but was not obtained;
 1193         c. During the initial 7 years in which the sign has been
 1194  erected, the sign would have met the criteria established in
 1195  this chapter at that time for issuance of a permit; and
 1196         d. The department has not initiated a notice of violation
 1197  or taken other action to remove the sign during the initial 7
 1198  year period.
 1199         (d) This subsection does not cause a neighboring sign that
 1200  is permitted and that is within the spacing requirements in s.
 1201  479.07(9)(a) to become nonconforming.
 1202         (e)(c) For purposes of this subsection, a notice to the
 1203  sign owner, when required, constitutes sufficient notice; and
 1204  notice is not required to be provided to the lessee, advertiser,
 1205  or the owner of the real property on which the sign is located.
 1206         (f)(d) If, after a hearing, it is determined that a sign
 1207  has been wrongfully or erroneously removed pursuant to this
 1208  subsection, the department, at the sign owner’s discretion,
 1209  shall either pay just compensation to the owner of the sign or
 1210  reerect the sign in kind at the expense of the department.
 1211         (e) However, if the sign owner demonstrates to the
 1212  department that:
 1213         1. The sign has been unpermitted, structurally unchanged,
 1214  and continuously maintained at the same location for a period of
 1215  7 years or more;
 1216         2. At any time during the period in which the sign has been
 1217  erected, the sign would have met the criteria established in
 1218  this chapter for issuance of a permit;
 1219         3. The department has not initiated a notice of violation
 1220  or taken other action to remove the sign during the initial 7
 1221  year period described in subparagraph 1.; and
 1222         4. The department determines that the sign is not located
 1223  on state right-of-way and is not a safety hazard,
 1224  
 1225  the sign may be considered a conforming or nonconforming sign
 1226  and may be issued a permit by the department upon application in
 1227  accordance with this chapter and payment of a penalty fee of
 1228  $300 and all pertinent fees required by this chapter, including
 1229  annual permit renewal fees payable since the date of the
 1230  erection of the sign.
 1231         (2)(a) If a sign is under construction and the department
 1232  determines that a permit has not been issued for the sign as
 1233  required under the provisions of this chapter, the department is
 1234  authorized to require that all work on the sign cease until the
 1235  sign owner shows that the sign does not violate the provisions
 1236  of this chapter. The order to cease work shall be prominently
 1237  posted on the sign structure, and no further notice is required
 1238  to be given. The failure of a sign owner or her or his agents to
 1239  immediately comply with the order shall subject the sign to
 1240  prompt removal by the department.
 1241         (b) For the purposes of this subsection only, a sign is
 1242  under construction when it is in any phase of initial
 1243  construction prior to the attachment and display of the
 1244  advertising message in final position for viewing by the
 1245  traveling public. A sign that is undergoing routine maintenance
 1246  or change of the advertising message only is not considered to
 1247  be under construction for the purposes of this subsection.
 1248         (3) The cost of removing a sign, whether by the department
 1249  or an independent contractor, shall be assessed against the
 1250  owner of the sign by the department.
 1251         Section 15. Subsections (5) and (7) of section 479.106,
 1252  Florida Statutes, are amended to read:
 1253         479.106 Vegetation management.—
 1254         (5) The department may only grant a permit pursuant to s.
 1255  479.07 for a new sign which requires the removal, cutting, or
 1256  trimming of existing trees or vegetation on public right-of-way
 1257  for the sign face to be visible from the highway when the sign
 1258  owner has removed at least two nonconforming signs of
 1259  approximate comparable size and surrendered the permits for the
 1260  nonconforming signs to the department for cancellation. For
 1261  signs originally permitted after July 1, 1996, the first
 1262  application, or application for a change of view zone, no permit
 1263  for the removal, cutting, or trimming of trees or vegetation
 1264  shall require, in addition to mitigation or contribution to a
 1265  plan of mitigation, the removal of two nonconforming signs. No
 1266  permits for the removal, cutting, or trimming of trees may be
 1267  granted for signs permitted after July 1, 1996 be granted where
 1268  such trees or vegetation are part of a beautification project
 1269  implemented before prior to the date of the original sign permit
 1270  application, when the beautification project is specifically
 1271  identified in the department’s construction plans, permitted
 1272  landscape projects, or agreements.
 1273         (7) Any person engaging in removal, cutting, or trimming of
 1274  trees or vegetation in violation of this section or benefiting
 1275  from such actions shall be subject to an administrative penalty
 1276  of up to $1,000 per sign facing and required to mitigate for the
 1277  unauthorized removal, cutting, or trimming in such manner and in
 1278  such amount as may be required under the rules of the
 1279  department.
 1280         Section 16. Subsection (5) of section 479.107, Florida
 1281  Statutes, is amended to read:
 1282         479.107 Signs on highway rights-of-way; removal.—
 1283         (5) The cost of removing a sign, whether by the department
 1284  or an independent contractor, shall be assessed by the
 1285  department against the owner of the sign. Furthermore, the
 1286  department shall assess a fine of $75 against the sign owner for
 1287  any sign which violates the requirements of this section.
 1288         Section 17. Section 479.111, Florida Statutes, is amended
 1289  to read:
 1290         479.111 Specified signs allowed within controlled portions
 1291  of the interstate and federal-aid primary highway system.—Only
 1292  the following signs shall be allowed within controlled portions
 1293  of the interstate highway system and the federal-aid primary
 1294  highway system as set forth in s. 479.11(1) and (2):
 1295         (1) Directional or other official signs and notices which
 1296  conform to 23 C.F.R. ss. 750.151-750.155.
 1297         (2) Signs in commercial-zoned and industrial-zoned areas or
 1298  commercial-unzoned and industrial-unzoned areas and within 660
 1299  feet of the nearest edge of the right-of-way, subject to the
 1300  requirements set forth in the 1972 agreement between the state
 1301  and the United States Department of Transportation.
 1302         (3) Signs for which permits are not required under s.
 1303  479.16.
 1304         Section 18. Section 479.15, Florida Statutes, is amended to
 1305  read:
 1306         479.15 Harmony of regulations.—
 1307         (1) No zoning board or commission or other public officer
 1308  or agency shall issue a permit to erect any sign which is
 1309  prohibited under the provisions of this chapter or the rules of
 1310  the department, nor shall the department issue a permit for any
 1311  sign which is prohibited by any other public board, officer, or
 1312  agency in the lawful exercise of its powers.
 1313         (2) A municipality, county, local zoning authority, or
 1314  other local governmental entity may not remove, or cause to be
 1315  removed, any lawfully erected sign along any portion of the
 1316  interstate or federal-aid primary highway system without first
 1317  paying just compensation for such removal. A local governmental
 1318  entity may not cause in any way the alteration of any lawfully
 1319  erected sign located along any portion of the interstate or
 1320  federal-aid primary highway system without payment of just
 1321  compensation if such alteration constitutes a taking under state
 1322  law. The municipality, county, local zoning authority, or other
 1323  local government entity that adopts requirements for such
 1324  alteration shall pay just compensation to the sign owner if such
 1325  alteration constitutes a taking under state law. This subsection
 1326  applies only to a lawfully erected sign the subject matter of
 1327  which relates to premises other than the premises on which it is
 1328  located or to merchandise, services, activities, or
 1329  entertainment not sold, produced, manufactured, or furnished on
 1330  the premises on which the sign is located. As used in this
 1331  subsection, the term “federal-aid primary highway system” means
 1332  the federal-aid primary highway system in existence on June 1,
 1333  1991, and any highway that was not a part of such system as of
 1334  that date but that is or becomes after June 1, 1991, a part of
 1335  the National Highway System. This subsection shall not be
 1336  interpreted as explicit or implicit legislative recognition that
 1337  alterations do or do not constitute a taking under state law.
 1338         (3) It is the express intent of the Legislature to limit
 1339  the state right-of-way acquisition costs on state and federal
 1340  roads in eminent domain proceedings, the provisions of ss.
 1341  479.07 and 479.155 notwithstanding. Subject to approval by the
 1342  Federal Highway Administration, whenever public acquisition of
 1343  land upon which is situated a lawful permitted nonconforming
 1344  sign occurs, as provided in this chapter, the sign may, at the
 1345  election of its owner and the department, be relocated or
 1346  reconstructed adjacent to the new right-of-way and in close
 1347  proximity to the current site along the roadway within 100 feet
 1348  of the current location, provided the nonconforming sign is not
 1349  relocated in an area inconsistent with s. 479.024 on a parcel
 1350  zoned residential, and provided further that such relocation
 1351  shall be subject to applicable setback requirements in the 1972
 1352  agreement between the state and the United States Department of
 1353  Transportation. The sign owner shall pay all costs associated
 1354  with relocating or reconstructing any sign under this
 1355  subsection, and neither the state nor any local government shall
 1356  reimburse the sign owner for such costs, unless part of such
 1357  relocation costs are required by federal law. If no adjacent
 1358  property is available for the relocation, the department shall
 1359  be responsible for paying the owner of the sign just
 1360  compensation for its removal.
 1361         (4) For a nonconforming sign, Such relocation shall be
 1362  adjacent to the current site and the face of the sign may shall
 1363  not be increased in size or height or structurally modified at
 1364  the point of relocation in a manner inconsistent with the
 1365  current building codes of the jurisdiction in which the sign is
 1366  located.
 1367         (5) In the event that relocation can be accomplished but is
 1368  inconsistent with the ordinances of the municipality or county
 1369  within whose jurisdiction the sign is located, the ordinances of
 1370  the local government shall prevail, provided that the local
 1371  government shall assume the responsibility to provide the owner
 1372  of the sign just compensation for its removal, but in no event
 1373  shall compensation paid by the local government exceed the
 1374  compensation required under state or federal law. Further, the
 1375  provisions of this section shall not impair any agreement or
 1376  future agreements between a municipality or county and the owner
 1377  of a sign or signs within the jurisdiction of the municipality
 1378  or county. Nothing in this section shall be deemed to cause a
 1379  nonconforming sign to become conforming solely as a result of
 1380  the relocation allowed in this section.
 1381         (6) The provisions of subsections (3), (4), and (5) of this
 1382  section shall not apply within the jurisdiction of any
 1383  municipality which is engaged in any litigation concerning its
 1384  sign ordinance on April 23, 1999, nor shall such provisions
 1385  apply to any municipality whose boundaries are identical to the
 1386  county within which said municipality is located.
 1387         (7) This section does not cause a neighboring sign that is
 1388  already permitted and that is within the spacing requirements
 1389  established in s. 479.07(9)(a) to become nonconforming.
 1390         Section 19. Section 479.156, Florida Statutes, is amended
 1391  to read:
 1392         479.156 Wall murals.—Notwithstanding any other provision of
 1393  this chapter, a municipality or county may permit and regulate
 1394  wall murals within areas designated by such government. If a
 1395  municipality or county permits wall murals, a wall mural that
 1396  displays a commercial message and is within 660 feet of the
 1397  nearest edge of the right-of-way within an area adjacent to the
 1398  interstate highway system or the federal-aid primary highway
 1399  system shall be located in an area that is zoned for industrial
 1400  or commercial use and the municipality or county shall establish
 1401  and enforce regulations for such areas that, at a minimum, set
 1402  forth criteria governing the size, lighting, and spacing of wall
 1403  murals consistent with the intent of 23 U.S.C. s. 131 the
 1404  Highway Beautification Act of 1965 and with customary use.
 1405  Whenever a municipality or county exercises such control and
 1406  makes a determination of customary use pursuant to 23 U.S.C. s.
 1407  131(d), such determination shall be accepted in lieu of controls
 1408  in the agreement between the state and the United States
 1409  Department of Transportation, and the department shall notify
 1410  the Federal Highway Administration pursuant to the agreement, 23
 1411  U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that
 1412  is subject to municipal or county regulation and 23 U.S.C. s.
 1413  131 the Highway Beautification Act of 1965 must be approved by
 1414  the Department of Transportation and the Federal Highway
 1415  Administration when required by federal law and federal
 1416  regulation under the agreement between the state and the United
 1417  States Department of Transportation and federal regulations
 1418  enforced by the Department of Transportation under s. 479.02(1).
 1419  The existence of a wall mural as defined in s. 479.01(28)
 1420  479.01(30) shall not be considered in determining whether a sign
 1421  as defined in s. 479.01(19) 479.01(20), either existing or new,
 1422  is in compliance with s. 479.07(9)(a).
 1423         Section 20. Section 479.16, Florida Statutes, is amended to
 1424  read:
 1425         479.16 Signs for which permits are not required.—The
 1426  following signs are exempt from the requirement that a permit
 1427  for a sign be obtained under the provisions of this chapter but
 1428  are required to comply with the provisions of s. 479.11(4)-(8),
 1429  and the provisions of subsections (15)-(19) may not be
 1430  implemented or continued if the Federal Government notifies the
 1431  department that implementation or continuation will adversely
 1432  affect the allocation of federal funds to the department:
 1433         (1) Signs erected on the premises of an establishment,
 1434  which signs consist primarily of the name of the establishment
 1435  or which identify the principal or accessory merchandise,
 1436  services, activities, or entertainment sold, produced,
 1437  manufactured, or furnished on the premises of the establishment
 1438  and which comply with the lighting restrictions under department
 1439  rule adopted pursuant to s. 479.11(5), or signs owned by a
 1440  municipality or a county located on the premises of such
 1441  municipality or such county which display information regarding
 1442  government services, activities, events, or entertainment. For
 1443  purposes of this section, the following types of messages shall
 1444  not be considered information regarding government services,
 1445  activities, events, or entertainment:
 1446         (a) Messages which specifically reference any commercial
 1447  enterprise.
 1448         (b) Messages which reference a commercial sponsor of any
 1449  event.
 1450         (c) Personal messages.
 1451         (d) Political campaign messages.
 1452  
 1453  If a sign located on the premises of an establishment consists
 1454  principally of brand name or trade name advertising and the
 1455  merchandise or service is only incidental to the principal
 1456  activity, or if the owner of the establishment receives rental
 1457  income from the sign, then the sign is not exempt under this
 1458  subsection.
 1459         (2) Signs erected, used, or maintained on a farm by the
 1460  owner or lessee of such farm and relating solely to farm
 1461  produce, merchandise, service, or entertainment sold, produced,
 1462  manufactured, or furnished on such farm.
 1463         (3) Signs posted or displayed on real property by the owner
 1464  or by the authority of the owner, stating that the real property
 1465  is for sale or rent. However, if the sign contains any message
 1466  not pertaining to the sale or rental of that real property, then
 1467  it is not exempt under this section.
 1468         (4) Official notices or advertisements posted or displayed
 1469  on private property by or under the direction of any public or
 1470  court officer in the performance of her or his official or
 1471  directed duties, or by trustees under deeds of trust or deeds of
 1472  assignment or other similar instruments.
 1473         (5) Danger or precautionary signs relating to the premises
 1474  on which they are located; forest fire warning signs erected
 1475  under the authority of the Florida Forest Service of the
 1476  Department of Agriculture and Consumer Services; and signs,
 1477  notices, or symbols erected by the United States Government
 1478  under the direction of the United States Forestry Service.
 1479         (6) Notices of any railroad, bridge, ferry, or other
 1480  transportation or transmission company necessary for the
 1481  direction or safety of the public.
 1482         (7) Signs, notices, or symbols for the information of
 1483  aviators as to location, directions, and landings and conditions
 1484  affecting safety in aviation erected or authorized by the
 1485  department.
 1486         (8) Signs or notices erected or maintained upon property
 1487  stating only the name of the owner, lessee, or occupant of the
 1488  premises and not exceeding 16 8 square feet in area.
 1489         (9) Historical markers erected by duly constituted and
 1490  authorized public authorities.
 1491         (10) Official traffic control signs and markers erected,
 1492  caused to be erected, or approved by the department.
 1493         (11) Signs erected upon property warning the public against
 1494  hunting and fishing or trespassing thereon.
 1495         (12) Signs not in excess of 16 8 square feet that are owned
 1496  by and relate to the facilities and activities of churches,
 1497  civic organizations, fraternal organizations, charitable
 1498  organizations, or units or agencies of government.
 1499         (13) Except that Signs placed on benches, transit shelters,
 1500  modular news racks, street light poles, public pay telephones,
 1501  and waste receptacles, within the right-of-way, as provided for
 1502  in s. 337.408 are exempt from all provisions of this chapter.
 1503         (14) Signs relating exclusively to political campaigns.
 1504         (15) Signs not in excess of 16 square feet placed at a road
 1505  junction with the State Highway System denoting only the
 1506  distance or direction of a residence or farm operation, or,
 1507  outside an incorporated in a rural area where a hardship is
 1508  created because a small business is not visible from the road
 1509  junction with the State Highway System, one sign not in excess
 1510  of 16 square feet, denoting only the name of the business and
 1511  the distance and direction to the business. The small-business
 1512  sign provision of this subsection does not apply to charter
 1513  counties and may not be implemented if the Federal Government
 1514  notifies the department that implementation will adversely
 1515  affect the allocation of federal funds to the department.
 1516         (16)Signs placed by a local tourist-oriented business
 1517  located within a rural area of critical economic concern, as
 1518  defined by s. 288.0656(2)(d)and(e), and are:
 1519         (a)Not more than 8 square feet in size or more than 4 feet
 1520  in height;
 1521         (b)Located only in rural areas, along non-limited access
 1522  highways;
 1523         (c)Located within 2 miles of the business location and are
 1524  not less than 500 feet apart;
 1525         (d)Located only in two directions leading to the business;
 1526  and
 1527         (e)Not located within the road right-of-way.
 1528  
 1529  A business placing such signs must be at least 4 miles from any
 1530  other business using this exemption and may not participate in
 1531  any other department directional signage program.
 1532         (17)Signs not in excess of 32 square feet placed
 1533  temporarily during harvest season of a farm operation for a
 1534  period of no more than 4 months at a road junction with the
 1535  State Highway System denoting only the distance or direction of
 1536  the farm operation.
 1537         (18)Acknowledgement signs erected upon publicly funded
 1538  school premises relating to a specific public school club, team,
 1539  or event placed no closer than 1,000 feet from another
 1540  acknowledgment sign on the same side of the roadway. All sponsor
 1541  information on an acknowledgement sign may constitute no more
 1542  than 100 square feet of the sign. As used in this subsection,
 1543  the term “acknowledgement signs” means signs that are intended
 1544  to inform the traveling public that a public school club, team,
 1545  or event has been sponsored by a person, firm, or other entity.
 1546         (19)Displays erected upon a sports facility which display
 1547  content directly related to the facility’s activities or where a
 1548  presence of the products or services offered on the property
 1549  exists. Displays are to be mounted flush or flat to the surface
 1550  of the sports facility and rely upon the building facade for
 1551  structural support. For purposes of this subsection, the term
 1552  “sports facility”, means any athletic complex, athletic arena,
 1553  or athletic stadium, including physically connected parking
 1554  facilities, which is open to the public and has a permanent
 1555  installed seating capacity of 15,000 or more.
 1556  
 1557  If the exemptions in subsections (15)-(19) are not implemented
 1558  or continued due to notification from the Federal Government to
 1559  the department that the allocation of federal funds to the
 1560  department will be adversely impacted, the department shall
 1561  provide notice to the sign owner that the sign must be removed
 1562  within 30 days after receiving the notice. If the sign is not
 1563  removed within the 30 days, the department may remove the sign
 1564  and all costs incurred in connection with the sign removal shall
 1565  be assessed against and collected from the sign owner.
 1566         Section 21. Section 479.24, Florida Statutes, is amended to
 1567  read:
 1568         479.24 Compensation for removal of signs; eminent domain;
 1569  exceptions.—
 1570         (1) Just compensation shall be paid by the department upon
 1571  the department’s acquisition removal of a lawful conforming or
 1572  nonconforming sign along any portion of the interstate or
 1573  federal-aid primary highway system. This section does not apply
 1574  to a sign which is illegal at the time of its removal. A sign
 1575  will lose its nonconforming status and become illegal at such
 1576  time as it fails to be permitted or maintained in accordance
 1577  with all applicable laws, rules, ordinances, or regulations
 1578  other than the provision which makes it nonconforming. A legal
 1579  nonconforming sign under state law or rule will not lose its
 1580  nonconforming status solely because it additionally becomes
 1581  nonconforming under an ordinance or regulation of a local
 1582  governmental entity passed at a later date. The department shall
 1583  make every reasonable effort to negotiate the purchase of the
 1584  signs to avoid litigation and congestion in the courts.
 1585         (2) The department is not required to remove any sign under
 1586  this section if the federal share of the just compensation to be
 1587  paid upon removal of the sign is not available to make such
 1588  payment, unless an appropriation by the Legislature for such
 1589  purpose is made to the department.
 1590         (3)(a) The department is authorized to use the power of
 1591  eminent domain when necessary to carry out the provisions of
 1592  this chapter.
 1593         (b) If eminent domain procedures are instituted, just
 1594  compensation shall be made pursuant to the state’s eminent
 1595  domain procedures, chapters 73 and 74.
 1596         Section 22. Section 479.25, Florida Statutes, is amended to
 1597  read:
 1598         479.25 Erection of noise-attenuation barrier blocking view
 1599  of sign; procedures; application.—
 1600         (1) The owner of a lawfully erected sign that is governed
 1601  by and conforms to state and federal requirements for land use,
 1602  size, height, and spacing may increase the height above ground
 1603  level of such sign at its permitted location if a noise
 1604  attenuation barrier is permitted by or erected by any
 1605  governmental entity in such a way as to screen or block
 1606  visibility of the sign. Any increase in height permitted under
 1607  this section may only be the increase in height which is
 1608  required to achieve the same degree of visibility from the
 1609  right-of-way which the sign had prior to the construction of the
 1610  noise-attenuation barrier, notwithstanding the restrictions
 1611  contained in s. 479.07(9)(b). A sign reconstructed under this
 1612  section shall comply with the building standards and wind load
 1613  requirements set forth in the Florida Building Code. If
 1614  construction of a proposed noise-attenuation barrier will screen
 1615  a sign lawfully permitted under this chapter, the department
 1616  shall provide notice to the local government or local
 1617  jurisdiction within which the sign is located prior to
 1618  construction erection of the noise-attenuation barrier. Upon a
 1619  determination that an increase in the height of a sign as
 1620  permitted under this section will violate a provision contained
 1621  in an ordinance or land development regulation of the local
 1622  government or local jurisdiction, prior to construction, the
 1623  local government or local jurisdiction shall so notify the
 1624  department. When notice has been received from the local
 1625  government or local jurisdiction prior to erection of the noise
 1626  attenuation barrier, the department shall:
 1627         (a) Provide a variance or waiver to the local ordinance or
 1628  land development regulations to Conduct a written survey of all
 1629  property owners identified as impacted by highway noise and who
 1630  may benefit from the proposed noise-attenuation barrier. The
 1631  written survey shall inform the property owners of the location,
 1632  date, and time of the public hearing described in paragraph (b)
 1633  and shall specifically advise the impacted property owners that:
 1634         1. Erection of the noise-attenuation barrier may block the
 1635  visibility of an existing outdoor advertising sign;
 1636         2. The local government or local jurisdiction may restrict
 1637  or prohibit increasing the height of the existing outdoor
 1638  advertising sign to make it visible over the barrier; and
 1639         3. If a majority of the impacted property owners vote for
 1640  construction of the noise-attenuation barrier, the local
 1641  government or local jurisdiction will be required to:
 1642         a. allow an increase in the height of the sign in violation
 1643  of a local ordinance or land development regulation;
 1644         (b)b. Allow the sign to be relocated or reconstructed at
 1645  another location if the sign owner agrees; or
 1646         (c)c. Pay the fair market value of the sign and its
 1647  associated interest in the real property.
 1648         (2)(b)The department shall hold a public hearing within
 1649  the boundaries of the affected local governments or local
 1650  jurisdictions to receive input on the proposed noise-attenuation
 1651  barrier and its conflict with the local ordinance or land
 1652  development regulation and to suggest or consider alternatives
 1653  or modifications to the proposed noise-attenuation barrier to
 1654  alleviate or minimize the conflict with the local ordinance or
 1655  land development regulation or minimize any costs that may be
 1656  associated with relocating, reconstructing, or paying for the
 1657  affected sign. The public hearing may be held concurrently with
 1658  other public hearings scheduled for the project. The department
 1659  shall provide a written notification to the local government or
 1660  local jurisdiction of the date and time of the public hearing
 1661  and shall provide general notice of the public hearing in
 1662  accordance with the notice provisions of s. 335.02(1). The
 1663  notice shall not be placed in that portion of a newspaper in
 1664  which legal notices or classified advertisements appear. The
 1665  notice shall specifically state that:
 1666         (a)1. Erection of the proposed noise-attenuation barrier
 1667  may block the visibility of an existing outdoor advertising
 1668  sign;
 1669         (b)2. The local government or local jurisdiction may
 1670  restrict or prohibit increasing the height of the existing
 1671  outdoor advertising sign to make it visible over the barrier;
 1672  and
 1673         (c)3.Upon If a majority of the impacted property owners
 1674  vote for construction of the noise-attenuation barrier, the
 1675  local government or local jurisdiction shall will be required
 1676  to:
 1677         1.a. Allow an increase in the height of the sign through a
 1678  waiver or variance to in violation of a local ordinance or land
 1679  development regulation;
 1680         2.b. Allow the sign to be relocated or reconstructed at
 1681  another location if the sign owner agrees; or
 1682         3.c. Pay the fair market value of the sign and its
 1683  associated interest in the real property.
 1684         (3)(2) The department may shall not permit erection of the
 1685  noise-attenuation barrier to the extent the barrier screens or
 1686  blocks visibility of the sign until after the public hearing is
 1687  held and until such time as the survey has been conducted and a
 1688  majority of the impacted property owners have indicated approval
 1689  to erect the noise-attenuation barrier. When the impacted
 1690  property owners approve of the noise-attenuation barrier
 1691  construction, the department shall notify the local governments
 1692  or local jurisdictions. The local government or local
 1693  jurisdiction shall, notwithstanding the provisions of a
 1694  conflicting ordinance or land development regulation:
 1695         (a) Issue a permit by variance or otherwise for the
 1696  reconstruction of a sign under this section;
 1697         (b) Allow the relocation of a sign, or construction of
 1698  another sign, at an alternative location that is permittable
 1699  under the provisions of this chapter, if the sign owner agrees
 1700  to relocate the sign or construct another sign; or
 1701         (c) Refuse to issue the required permits for reconstruction
 1702  of a sign under this section and pay fair market value of the
 1703  sign and its associated interest in the real property to the
 1704  owner of the sign.
 1705         (4)(3) This section does shall not apply to the provisions
 1706  of any existing written agreement executed before July 1, 2006,
 1707  between any local government and the owner of an outdoor
 1708  advertising sign.
 1709         Section 23. Subsection (1) of section 479.261, Florida
 1710  Statutes, is amended to read:
 1711         479.261 Logo sign program.—
 1712         (1) The department shall establish a logo sign program for
 1713  the rights-of-way of the limited access interstate highway
 1714  system to provide information to motorists about available gas,
 1715  food, lodging, camping, attractions, and other services, as
 1716  approved by the Federal Highway Administration, at interchanges
 1717  through the use of business logos and may include additional
 1718  interchanges under the program.
 1719         (a) As used in this chapter, the term “attraction” means an
 1720  establishment, site, facility, or landmark that is open a
 1721  minimum of 5 days a week for 52 weeks a year; that has as its
 1722  principal focus family-oriented entertainment, cultural,
 1723  educational, recreational, scientific, or historical activities;
 1724  and that is publicly recognized as a bona fide tourist
 1725  attraction.
 1726         (b) The department shall incorporate the use of RV-friendly
 1727  markers on specific information logo signs for establishments
 1728  that cater to the needs of persons driving recreational
 1729  vehicles. Establishments that qualify for participation in the
 1730  specific information logo program and that also qualify as “RV
 1731  friendly” may request the RV-friendly marker on their specific
 1732  information logo sign. An RV-friendly marker must consist of a
 1733  design approved by the Federal Highway Administration. The
 1734  department shall adopt rules in accordance with chapter 120 to
 1735  administer this paragraph, including rules setting forth the
 1736  minimum requirements that establishments must meet in order to
 1737  qualify as RV-friendly. These requirements shall include large
 1738  parking spaces, entrances, and exits that can easily accommodate
 1739  recreational vehicles and facilities having appropriate overhead
 1740  clearances, if applicable.
 1741         Section 24. Section 479.313, Florida Statutes, is amended
 1742  to read:
 1743         479.313 Permit revocation and cancellation; cost of
 1744  removal.—All costs incurred by the department in connection with
 1745  the removal of a sign located within a controlled area adjacent
 1746  to the State Highway System, interstate highway system, or
 1747  federal-aid primary highway system following the revocation or
 1748  cancellation of the permit for such sign shall be assessed
 1749  against and collected from the permittee.
 1750         Section 25. Section 76 of chapter 2012-174, Laws of
 1751  Florida, is repealed.
 1752         Section 26. This act shall take effect July 1, 2013.