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