Florida Senate - 2014                      CS for CS for SB 1048
       
       
        
       By the Committees on Community Affairs; and Transportation; and
       Senator Latvala
       
       
       
       
       578-03587-14                                          20141048c2
    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; creating s. 339.70, F.S.;
   11         limiting the number of referenda that certain
   12         authorities may be subject to; specifying that a
   13         referendum applies to future bond issuances; amending
   14         s. 373.618, F.S.; providing that a public information
   15         system is subject to the requirements of the Highway
   16         Beautification Act of 1965 and all federal laws and
   17         agreements when applicable; deleting an exemption;
   18         amending s. 479.01, F.S., relating to outdoor
   19         advertising signs; revising and deleting definitions;
   20         amending s. 479.02, F.S.; revising duties of the
   21         Department of Transportation relating to signs;
   22         deleting a requirement that the department adopt
   23         certain rules; creating s. 479.024, F.S.; limiting the
   24         placement of signs to commercial or industrial zones;
   25         defining the terms “parcel” and “utilities”; requiring
   26         a local government to use specified criteria to
   27         determine zoning for commercial or industrial parcels;
   28         providing that certain parcels are considered unzoned
   29         commercial or industrial areas; authorizing a permit
   30         for a sign in an unzoned commercial or industrial area
   31         in certain circumstances; prohibiting specified uses
   32         and activities from being independently recognized as
   33         commercial or industrial; requiring the department to
   34         notify an applicant of the department’s determination
   35         to deny a sign permit; providing an appeal process for
   36         an applicant whose permit is denied; requiring an
   37         applicant whose application is denied to remove an
   38         existing sign pertaining to the application; providing
   39         that the applicant is responsible for all sign removal
   40         costs in certain circumstances; requiring the
   41         department to reduce certain transportation funding in
   42         certain circumstances; amending s. 479.03, F.S.;
   43         revising the conditions under which the department may
   44         enter intervening privately owned lands to remove an
   45         illegal sign; amending s. 479.04, F.S.; providing that
   46         an outdoor advertising license is not required solely
   47         to erect or construct outdoor signs or structures;
   48         amending s. 479.05, F.S.; authorizing the department
   49         to suspend a license for certain offenses and
   50         specifying activities that the licensee may engage in
   51         during the suspension; prohibiting the department from
   52         granting a transfer of an existing permit or issuing
   53         an additional permit during the suspension; amending
   54         s. 479.07, F.S.; revising requirements for obtaining
   55         sign permits; conforming and clarifying provisions;
   56         revising permit tag placement requirements for signs;
   57         deleting a provision that allows a permittee to
   58         provide its own replacement tag; increasing the permit
   59         transfer fee for any multiple transfers between two
   60         outdoor advertisers in a single transaction; revising
   61         the permit reinstatement fee; revising requirements
   62         for permitting certain signs visible to more than one
   63         highway; deleting provisions limiting a pilot program
   64         to specified locations; deleting redundant provisions
   65         relating to certain new or replacement signs; deleting
   66         provisions requiring maintenance of statistics on the
   67         pilot program; amending s. 479.08, F.S.; revising
   68         provisions relating to the denial or revocation of a
   69         permit because of false or misleading information in
   70         the permit application; amending s. 479.10, F.S.;
   71         authorizing the cancellation of a permit; amending s.
   72         479.105, F.S.; revising notice requirements to owners
   73         and advertisers relating to signs erected or
   74         maintained without a permit; revising procedures for
   75         the department to issue a permit as a conforming or
   76         nonconforming sign to the owner of an unpermitted
   77         sign; revising penalties; amending s. 479.106, F.S.;
   78         revising provisions relating to the removal, cutting,
   79         or trimming of trees or vegetation to increase sign
   80         face visibility; providing that a specified penalty is
   81         applied per sign facing; amending s. 479.107, F.S.;
   82         deleting a fine for specified violations; amending s.
   83         479.111, F.S.; clarifying a reference to a certain
   84         agreement; amending s. 479.15, F.S.; deleting a
   85         definition; revising provisions relating to relocation
   86         of certain signs on property subject to public
   87         acquisition; amending s. 479.156, F.S.; clarifying
   88         provisions relating to the regulation of wall murals;
   89         amending s. 479.16, F.S.; revising the exemptions of
   90         certain signs from the permit requirement under ch.
   91         479, F.S.; exempting from permitting certain signs
   92         placed by tourist-oriented businesses, certain farm
   93         signs placed during harvest seasons, certain
   94         acknowledgment signs on publicly funded school
   95         premises, and certain displays on specific sports
   96         facilities; prohibiting certain permit exemptions from
   97         being implemented or continued if the implementations
   98         or continuations will adversely impact the allocation
   99         of federal funds to the Department of Transportation;
  100         directing the department to notify a sign owner that
  101         the sign must be removed if federal funds are
  102         adversely impacted; authorizing the department to
  103         remove the sign and assess costs against the sign
  104         owner under certain circumstances; amending s. 479.24,
  105         F.S.; clarifying provisions relating to compensation
  106         paid for the department’s acquisition of lawful signs;
  107         amending s. 479.25, F.S.; revising provisions relating
  108         to local government action with respect to erection of
  109         noise-attenuation barriers that block views of
  110         lawfully erected signs; deleting provisions to conform
  111         to changes made by the act; amending s. 479.261, F.S.;
  112         expanding the logo sign program to the limited access
  113         highway system; conforming provisions related to a
  114         logo sign program on the limited access highway
  115         system; amending s. 479.262, F.S.; clarifying
  116         provisions relating to the tourist-oriented
  117         directional sign program; limiting the placement of
  118         such signs to intersections on certain roads;
  119         prohibiting such signs in urban areas or at
  120         interchanges on freeways or expressways; amending s.
  121         479.313, F.S.; requiring a permittee to pay the cost
  122         of removing certain signs following the cancellation
  123         of the permit for the sign; repealing s. 76 of chapter
  124         2012-174, Laws of Florida, relating to authorizing the
  125         department to seek Federal Highway Administration
  126         approval of a tourist-oriented commerce sign pilot
  127         program and directing the department to submit the
  128         approved pilot program for legislative approval;
  129         establishing a pilot program for the School District
  130         of Palm Beach County to recognize its business
  131         partners; providing for expiration of the program;
  132         providing an effective date.
  133          
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Section 339.041, Florida Statutes, is created to
  137  read:
  138         339.041 Factoring of revenues from leases for wireless
  139  communication facilities.—
  140         (1) The Legislature finds that efforts to increase funding
  141  for capital expenditures for the transportation system are
  142  necessary for the protection of the public safety and general
  143  welfare and for the preservation of transportation facilities in
  144  this state. Therefore, it is the intent of the Legislature to:
  145         (a) Create a mechanism for factoring future revenues
  146  received by the department from leases for wireless
  147  communication facilities on department property on a nonrecourse
  148  basis;
  149         (b) Fund fixed capital expenditures for the statewide
  150  transportation system from proceeds generated through this
  151  mechanism; and
  152         (c) Maximize revenues from factoring by ensuring that such
  153  revenues are exempt from income taxation under federal law in
  154  order to increase funds available for capital expenditures.
  155         (2) For the purposes of factoring future revenues under
  156  this section, department property includes real property located
  157  within the department’s limited access rights-of-way, real
  158  property located outside the current operating right-of-way
  159  limits which is not needed to support current transportation
  160  facilities, other property owned by the Board of Trustees of the
  161  Internal Improvement Trust Fund and leased by the department,
  162  space on department telecommunications facilities, and space on
  163  department structures.
  164         (3) The department may seek investors willing to enter into
  165  agreements to purchase the revenue stream from one or more
  166  existing department leases for wireless communication facilities
  167  on property owned or controlled by the department. Such
  168  agreements are exempt from chapter 287 and, in order to provide
  169  the largest possible payout, shall be structured as tax-exempt
  170  financings for federal income tax purposes.
  171         (4) The department may not pledge the credit, the general
  172  revenues, or the taxing power of the state or of any political
  173  subdivision of the state. The obligations of the department and
  174  investors under the agreement do not constitute a general
  175  obligation of the state or a pledge of the full faith and credit
  176  or taxing power of the state. The agreement is payable from and
  177  secured solely by payments received from department leases for
  178  wireless communication facilities on property owned or
  179  controlled by the department, and neither the state nor any of
  180  its agencies has any liability beyond such payments.
  181         (5) The department may make any covenant or representation
  182  necessary or desirable in connection with the agreement,
  183  including a commitment by the department to take whatever
  184  actions are necessary on behalf of investors to enforce the
  185  department’s rights to payments on property leased for wireless
  186  communications facilities. However, the department may not
  187  guarantee that actual revenues received in a future year will be
  188  those anticipated in its leases for wireless communication
  189  facilities. The department may agree to use its best efforts to
  190  ensure that anticipated future-year revenues are protected. Any
  191  risk that actual revenues received from department leases for
  192  wireless communications facilities are lower than anticipated
  193  shall be borne exclusively by investors.
  194         (6) Subject to annual appropriation, investors shall
  195  collect the lease payments on a schedule and in a manner
  196  established in the agreements entered into by the department and
  197  investors pursuant to this section. The agreements may provide
  198  for lease payments to be made directly to investors by lessees
  199  if the lease agreements entered into by the department and the
  200  lessees pursuant to s. 365.172(12)(f) allow direct payment.
  201         (7) Proceeds received by the department from leases for
  202  wireless communication facilities shall be deposited in the
  203  State Transportation Trust Fund created under s. 206.46 and used
  204  for fixed capital expenditures for the statewide transportation
  205  system.
  206         Section 2. Section 339.70, Florida Statutes, is created to
  207  read:
  208         339.70 Authority referendum.—Any authority created by
  209  special act of the Legislature which has authority over matters
  210  related to transportation, including matters concerning a public
  211  right-of-way, and which has the authority to issue bonds is
  212  subject to a referendum no more than once every 8 years. A
  213  referendum may apply only to future bond issuances and may not
  214  affect an existing bond issuance.
  215         Section 3. Section 373.618, Florida Statutes, is amended to
  216  read:
  217         373.618 Public service warnings, alerts, and
  218  announcements.—The Legislature believes it is in the public
  219  interest that all water management districts created pursuant to
  220  s. 373.069 own, acquire, develop, construct, operate, and manage
  221  public information systems. Public information systems may be
  222  located on property owned by the water management district, upon
  223  terms and conditions approved by the water management district,
  224  and must display messages to the general public concerning water
  225  management services, activities, events, and sponsors, as well
  226  as other public service announcements, including watering
  227  restrictions, severe weather reports, amber alerts, and other
  228  essential information needed by the public. Local government
  229  review or approval is not required for a public information
  230  system owned or hereafter acquired, developed, or constructed by
  231  the water management district on its own property. A public
  232  information system is subject to exempt from the requirements of
  233  the Highway Beautification Act of 1965 and all federal laws and
  234  agreements when applicable chapter 479. Water management
  235  district funds may not be used to pay the cost to acquire,
  236  develop, construct, operate, or manage a public information
  237  system. Any necessary funds for a public information system
  238  shall be paid for and collected from private sponsors who may
  239  display commercial messages.
  240         Section 4. Section 479.01, Florida Statutes, is amended to
  241  read:
  242         479.01 Definitions.—As used in this chapter, the term:
  243         (1) “Allowable uses” means the intended uses identified in
  244  a local government’s land development regulations which those
  245  uses that are authorized within a zoning category as a use by
  246  right, without the requirement to obtain a variance or waiver.
  247  The term includes conditional uses and those allowed by special
  248  exception if such uses are a present and actual use, but does
  249  not include uses that are accessory, ancillary, incidental to
  250  the allowable uses, or allowed only on a temporary basis.
  251         (2) “Automatic changeable facing” means a facing that is
  252  capable of delivering two or more advertising messages through
  253  an automated or remotely controlled process.
  254         (3) “Business of outdoor advertising” means the business of
  255  constructing, erecting, operating, using, maintaining, leasing,
  256  or selling outdoor advertising structures, outdoor advertising
  257  signs, or outdoor advertisements.
  258         (4) “Commercial or industrial zone” means a parcel of land
  259  designated for commercial or industrial uses under both the
  260  future land use map of the comprehensive plan and the land use
  261  development regulations adopted pursuant to chapter 163. If a
  262  parcel is located in an area designated for multiple uses on the
  263  future land use map of a comprehensive plan and the zoning
  264  category of the land development regulations does not clearly
  265  designate that parcel for a specific use, the area will be
  266  considered an unzoned commercial or industrial area if it meets
  267  the criteria of subsection (26).
  268         (4)(5) “Commercial use” means activities associated with
  269  the sale, rental, or distribution of products or the performance
  270  of services. The term includes, but is not limited to without
  271  limitation, such uses or activities as retail sales; wholesale
  272  sales; rentals of equipment, goods, or products; offices;
  273  restaurants; food service vendors; sports arenas; theaters; and
  274  tourist attractions.
  275         (5)(6) “Controlled area” means 660 feet or less from the
  276  nearest edge of the right-of-way of any portion of the State
  277  Highway System, interstate, or federal-aid primary highway
  278  system and beyond 660 feet of the nearest edge of the right-of
  279  way of any portion of the State Highway System, interstate
  280  highway system, or federal-aid primary system outside an urban
  281  area.
  282         (6)(7) “Department” means the Department of Transportation.
  283         (7)(8) “Erect” means to construct, build, raise, assemble,
  284  place, affix, attach, create, paint, draw, or in any other way
  285  bring into being or establish. The term; but it does not include
  286  such any of the foregoing activities when performed as incidents
  287  an incident to the change of advertising message or customary
  288  maintenance or repair of a sign.
  289         (8)(9) “Federal-aid primary highway system” means the
  290  federal-aid primary highway system in existence on June 1, 1991,
  291  and any highway that was not a part of such system as of that
  292  date but that is, or became after June 1, 1991, a part of the
  293  National Highway System, including portions that have been
  294  accepted as part of the National Highway System but are unbuilt
  295  or unopened existing, unbuilt, or unopened system of highways or
  296  portions thereof, which shall include the National Highway
  297  System, designated as the federal-aid primary highway system by
  298  the department.
  299         (9)(10) “Highway” means any road, street, or other way open
  300  or intended to be opened to the public for travel by motor
  301  vehicles.
  302         (10)(11) “Industrial use” means activities associated with
  303  the manufacture, assembly, processing, or storage of products or
  304  the performance of related services relating thereto. The term
  305  includes, but is not limited to without limitation, such uses or
  306  activities as automobile manufacturing or repair, boat
  307  manufacturing or repair, junk yards, meat packing facilities,
  308  citrus processing and packing facilities, produce processing and
  309  packing facilities, electrical generating plants, water
  310  treatment plants, sewage treatment plants, and solid waste
  311  disposal sites.
  312         (11)(12) “Interstate highway system” means the existing,
  313  unbuilt, or unopened system of highways or portions thereof
  314  designated as the national system of interstate and defense
  315  highways by the department.
  316         (12)(13) “Main-traveled way” means the traveled way of a
  317  highway on which through traffic is carried. In the case of a
  318  divided highway, the traveled way of each of the separate
  319  roadways for traffic in opposite directions is a main-traveled
  320  way. The term It does not include such facilities as frontage
  321  roads, turning roadways which specifically include on-ramps or
  322  off-ramps to the interstate highway system, or parking areas.
  323         (13)(14) “Maintain” means to allow to exist.
  324         (14)(15) “Motorist services directional signs” means signs
  325  providing directional information about goods and services in
  326  the interest of the traveling public where such signs were
  327  lawfully erected and in existence on or before May 6, 1976, and
  328  continue to provide directional information to goods and
  329  services in a defined area.
  330         (15)(16) “New highway” means the construction of any road,
  331  paved or unpaved, where no road previously existed or the act of
  332  paving any previously unpaved road.
  333         (16)(17) “Nonconforming sign” means a sign which was
  334  lawfully erected but which does not comply with the land use,
  335  setback, size, spacing, and lighting provisions of state or
  336  local law, rule, regulation, or ordinance passed at a later date
  337  or a sign which was lawfully erected but which later fails to
  338  comply with state or local law, rule, regulation, or ordinance
  339  due to changed conditions.
  340         (17)(18) “Premises” means all the land areas under
  341  ownership or lease arrangement to the sign owner which are
  342  contiguous to the business conducted on the land except for
  343  instances where such land is a narrow strip contiguous to the
  344  advertised activity or is connected by such narrow strip, the
  345  only viable use of such land is to erect or maintain an
  346  advertising sign. If When the sign owner is a municipality or
  347  county, the term means “premises” shall mean all lands owned or
  348  leased by the such municipality or county within its
  349  jurisdictional boundaries as set forth by law.
  350         (18)(19) “Remove” means to disassemble all sign materials
  351  above ground level and, transport such materials from the site,
  352  and dispose of sign materials by sale or destruction.
  353         (19)(20) “Sign” means any combination of structure and
  354  message in the form of an outdoor sign, display, device, figure,
  355  painting, drawing, message, placard, poster, billboard,
  356  advertising structure, advertisement, logo, symbol, or other
  357  form, whether placed individually or on a V-type, back-to-back,
  358  side-to-side, stacked, or double-faced display or automatic
  359  changeable facing, designed, intended, or used to advertise or
  360  inform, any part of the advertising message or informative
  361  contents of which is visible from any place on the main-traveled
  362  way. The term does not include an official traffic control sign,
  363  official marker, or specific information panel erected, caused
  364  to be erected, or approved by the department.
  365         (20)(21) “Sign direction” means the that direction from
  366  which the message or informative contents are most visible to
  367  oncoming traffic on the main-traveled way.
  368         (21)(22) “Sign face” means the part of a the sign,
  369  including trim and background, which contains the message or
  370  informative contents, including an automatic changeable face.
  371         (22)(23) “Sign facing” includes all sign faces and
  372  automatic changeable faces displayed at the same location and
  373  facing the same direction.
  374         (23)(24) “Sign structure” means all the interrelated parts
  375  and material, such as beams, poles, and stringers, which are
  376  constructed for the purpose of supporting or displaying a
  377  message or informative contents.
  378         (24)(25) “State Highway System” has the same meaning as in
  379  s. 334.03 means the existing, unbuilt, or unopened system of
  380  highways or portions thereof designated as the State Highway
  381  System by the department.
  382         (26) “Unzoned commercial or industrial area” means a parcel
  383  of land designated by the future land use map of the
  384  comprehensive plan for multiple uses that include commercial or
  385  industrial uses but are not specifically designated for
  386  commercial or industrial uses under the land development
  387  regulations, in which three or more separate and distinct
  388  conforming industrial or commercial activities are located.
  389         (a) These activities must satisfy the following criteria:
  390         1. At least one of the commercial or industrial activities
  391  must be located on the same side of the highway and within 800
  392  feet of the sign location;
  393         2. The commercial or industrial activities must be within
  394  660 feet from the nearest edge of the right-of-way; and
  395         3. The commercial industrial activities must be within
  396  1,600 feet of each other.
  397  
  398  Distances specified in this paragraph must be measured from the
  399  nearest outer edge of the primary building or primary building
  400  complex when the individual units of the complex are connected
  401  by covered walkways.
  402         (b) Certain activities, including, but not limited to, the
  403  following, may not be so recognized as commercial or industrial
  404  activities:
  405         1. Signs.
  406         2. Agricultural, forestry, ranching, grazing, farming, and
  407  related activities, including, but not limited to, wayside fresh
  408  produce stands.
  409         3. Transient or temporary activities.
  410         4. Activities not visible from the main-traveled way.
  411         5. Activities conducted more than 660 feet from the nearest
  412  edge of the right-of-way.
  413         6. Activities conducted in a building principally used as a
  414  residence.
  415         7. Railroad tracks and minor sidings.
  416         8. Communication towers.
  417         (25)(27) “Urban area” has the same meaning as defined in s.
  418  334.03(31).
  419         (26)(28) “Visible commercial or industrial activity” means
  420  a commercial or industrial activity that is capable of being
  421  seen without visual aid by a person of normal visual acuity from
  422  the main-traveled way and that is generally recognizable as
  423  commercial or industrial.
  424         (27)(29) “Visible sign” means that the advertising message
  425  or informative contents of a sign, whether or not legible, can
  426  be is capable of being seen without visual aid by a person of
  427  normal visual acuity.
  428         (28)(30) “Wall mural” means a sign that is a painting or an
  429  artistic work composed of photographs or arrangements of color
  430  and that displays a commercial or noncommercial message, relies
  431  solely on the side of the building for rigid structural support,
  432  and is painted on the building or depicted on vinyl, fabric, or
  433  other similarly flexible material that is held in place flush or
  434  flat against the surface of the building. The term excludes a
  435  painting or work placed on a structure that is erected for the
  436  sole or primary purpose of signage.
  437         (29)(31) “Zoning category” means the designation under the
  438  land development regulations or other similar ordinance enacted
  439  to regulate the use of land as provided in s. 163.3202(2)(b),
  440  which designation sets forth the allowable uses, restrictions,
  441  and limitations on use applicable to properties within the
  442  category.
  443         Section 5. Section 479.02, Florida Statutes, is amended to
  444  read:
  445         479.02 Duties of the department.—It shall be the duty of
  446  The department shall to:
  447         (1) Administer and enforce the provisions of this chapter,
  448  and the 1972 agreement between the state and the United States
  449  Department of Transportation relating to the size, lighting, and
  450  spacing of signs in accordance with Title I of the Highway
  451  Beautification Act of 1965 and Title 23 of the, United States
  452  Code, and federal regulations, including, but not limited to,
  453  those pertaining to the maintenance, continuance, and removal of
  454  nonconforming signs in effect as of the effective date of this
  455  act.
  456         (2) Regulate size, height, lighting, and spacing of signs
  457  permitted on commercial and industrial parcels and in unzoned
  458  commercial or industrial areas in zoned and unzoned commercial
  459  areas and zoned and unzoned industrial areas on the interstate
  460  highway system and the federal-aid primary highway system.
  461         (3) Determine unzoned commercial and industrial parcels and
  462  unzoned commercial or areas and unzoned industrial areas in the
  463  manner provided in s. 479.024.
  464         (4) Implement a specific information panel program on the
  465  limited access interstate highway system to promote tourist
  466  oriented businesses by providing directional information safely
  467  and aesthetically.
  468         (5) Implement a rest area information panel or devices
  469  program at rest areas along the interstate highway system and
  470  the federal-aid primary highway system to promote tourist
  471  oriented businesses.
  472         (6) Test and, if economically feasible, implement
  473  alternative methods of providing information in the specific
  474  interest of the traveling public which allow the traveling
  475  public freedom of choice, conserve natural beauty, and present
  476  information safely and aesthetically.
  477         (7) Adopt such rules as the department it deems necessary
  478  or proper for the administration of this chapter, including
  479  rules that which identify activities that may not be recognized
  480  as industrial or commercial activities for purposes of
  481  determination of a an area as an unzoned commercial or
  482  industrial parcel or an unzoned commercial or industrial area in
  483  the manner provided in s. 479.024.
  484         (8) Prior to July 1, 1998, Inventory and determine the
  485  location of all signs on the State Highway System, interstate
  486  highway system, and federal-aid primary highway system to be
  487  used as systems. Upon completion of the inventory, it shall
  488  become the database and permit information for all permitted
  489  signs permitted at the time of completion, and the previous
  490  records of the department shall be amended accordingly. The
  491  inventory shall be updated at least no less than every 2 years.
  492  The department shall adopt rules regarding what information is
  493  to be collected and preserved to implement the purposes of this
  494  chapter. The department may perform the inventory using
  495  department staff, or may contract with a private firm to perform
  496  the work, whichever is more cost efficient. The department shall
  497  maintain a database of sign inventory information such as sign
  498  location, size, height, and structure type, the permittee’s
  499  permitholder’s name, and any other information the department
  500  finds necessary to administer the program.
  501         Section 6. Section 479.024, Florida Statutes, is created to
  502  read:
  503         479.024 Commercial and industrial parcels.—Signs shall be
  504  permitted by the department only in commercial or industrial
  505  zones, as determined by the local government, in compliance with
  506  chapter 163, unless otherwise provided in this chapter.
  507  Commercial and industrial zones are those areas appropriate for
  508  commerce, industry, or trade, regardless of how those areas are
  509  labeled.
  510         (1) As used in this section, the term:
  511         (a) “Parcel” means the property where the sign is located
  512  or is proposed to be located.
  513         (b) “Utilities” includes all privately, publicly, or
  514  cooperatively owned lines, facilities, and systems for
  515  producing, transmitting, or distributing communications, power,
  516  electricity, light, heat, gas, oil, crude products, water,
  517  steam, waste, and stormwater not connected with the highway
  518  drainage, and other similar commodities.
  519         (2)The determination as to zoning by the local government
  520  for the parcel must meet all of the following criteria:
  521         (a) The parcel is comprehensively zoned and includes
  522  commercial or industrial uses as allowable uses.
  523         (b) The parcel can reasonably accommodate a commercial or
  524  industrial use under the future land use map of the
  525  comprehensive plan and land use development regulations, as
  526  follows:
  527         1. Sufficient utilities are available to support commercial
  528  or industrial development; and
  529         2. The size, configuration, and public access of the parcel
  530  are sufficient to accommodate a commercial or industrial use,
  531  given the requirements in the comprehensive plan and land
  532  development regulations for vehicular access, on-site
  533  circulation, building setbacks, buffering, parking, and other
  534  applicable standards, or the parcel consists of railroad tracks
  535  or minor sidings abutting commercial or industrial property that
  536  meets the criteria of this subsection.
  537         (c) The parcel is not being used exclusively for
  538  noncommercial or nonindustrial uses.
  539         (3) If a local government has not designated zoning through
  540  land development regulations in compliance with chapter 163 but
  541  has designated the parcel under the future land use map of the
  542  comprehensive plan for uses that include commercial or
  543  industrial uses, the parcel shall be considered an unzoned
  544  commercial or industrial area. For a permit to be issued for a
  545  sign in an unzoned commercial or industrial area, there must be
  546  three or more distinct commercial or industrial activities
  547  within 1,600 feet of each other, with at least one of the
  548  commercial or industrial activities located on the same side of
  549  the highway as, and within 800 feet of, the sign location.
  550  Multiple commercial or industrial activities enclosed in one
  551  building shall be considered one use if all activities have only
  552  shared building entrances.
  553         (4) For purposes of this section, certain uses and
  554  activities may not be independently recognized as commercial or
  555  industrial, including, but not limited to:
  556         (a)Signs.
  557         (b) Agricultural, forestry, ranching, grazing, and farming,
  558  and related activities, including, but not limited to, wayside
  559  fresh produce stands.
  560         (c) Transient or temporary activities.                   
  561         (d) Activities not visible from the main-traveled way,
  562  unless a department transportation facility is the only cause
  563  for the activity not being visible.
  564         (e) Activities conducted more than 660 feet from the
  565  nearest edge of the right-of-way.
  566         (f) Activities conducted in a building principally used as
  567  a residence.
  568         (g) Railroad tracks and minor sidings, unless the tracks
  569  and sidings are abutted by a commercial or industrial property
  570  that meets the criteria in subsection (2).
  571         (h)Communication towers.
  572         (i) Public parks, public recreation services, and
  573  governmental uses and activities that take place in a structure
  574  that serves as the permanent public meeting place for local,
  575  state, or federal boards, commissions, or courts.
  576         (5) If the local government has indicated that the proposed
  577  sign location is on a parcel that is in a commercial or
  578  industrial zone but the department finds that it is not, the
  579  department shall notify the sign applicant in writing of its
  580  determination.
  581         (6) An applicant whose application for a permit is denied
  582  may request, within 30 days after the receipt of the
  583  notification of intent to deny, an administrative hearing
  584  pursuant to chapter 120 for a determination of whether the
  585  parcel is located in a commercial or industrial zone. Upon
  586  receipt of such request, the department shall notify the local
  587  government that the applicant has requested an administrative
  588  hearing pursuant to chapter 120.
  589         (7) If the department determines in a final order that the
  590  parcel does not meet the permitting conditions in this section
  591  and a sign exists on the parcel, the applicant shall remove the
  592  sign within 30 days after the date of the order. The applicant
  593  is responsible for all sign removal costs.
  594         (8) If the Federal Highway Administration reduces funds
  595  that would otherwise be apportioned to the department due to a
  596  local government’s failure to comply with this section, the
  597  department shall reduce transportation funding apportioned to
  598  the local government by an equivalent amount.
  599         Section 7. Section 479.03, Florida Statutes, is amended to
  600  read:
  601         479.03 Jurisdiction of the Department of Transportation;
  602  entry upon privately owned lands.—The territory under the
  603  jurisdiction of the department for the purpose of this chapter
  604  includes shall include all the state. Employees, agents, or
  605  independent contractors working for the department, in the
  606  performance of their functions and duties under the provisions
  607  of this chapter, may enter into and upon any land upon which a
  608  sign is displayed, is proposed to be erected, or is being
  609  erected and make such inspections, surveys, and removals as may
  610  be relevant. Upon written notice to After receiving consent by
  611  the landowner, operator, or person in charge of an intervening
  612  privately owned land that or appropriate inspection warrant
  613  issued by a judge of any county court or circuit court of this
  614  state which has jurisdiction of the place or thing to be
  615  removed, that the removal of an illegal outdoor advertising sign
  616  is necessary and has been authorized by a final order or results
  617  from an uncontested notice to the sign owner, the department may
  618  shall be authorized to enter upon any intervening privately
  619  owned lands for the purposes of effectuating removal of illegal
  620  signs., provided that The department may enter intervening
  621  privately owned lands shall only do so in circumstances where it
  622  has determined that no other legal or economically feasible
  623  means of entry to the sign site are not reasonably available.
  624  Except as otherwise provided by this chapter, the department is
  625  shall be responsible for the repair or replacement in a like
  626  manner for any physical damage or destruction of private
  627  property, other than the sign, incidental to the department’s
  628  entry upon such intervening privately owned lands.
  629         Section 8. Section 479.04, Florida Statutes, is amended to
  630  read:
  631         479.04 Business of outdoor advertising; license
  632  requirement; renewal; fees.—
  633         (1) A No person may not shall engage in the business of
  634  outdoor advertising in this state without first obtaining a
  635  license therefor from the department. Such license shall be
  636  renewed annually. The fee for such license, and for each annual
  637  renewal, is $300. License renewal fees are shall be payable as
  638  provided for in s. 479.07.
  639         (2) A No person is not shall be required to obtain the
  640  license provided for in this section solely to erect or
  641  construct outdoor advertising signs or structures as an
  642  incidental part of a building construction contract.
  643         Section 9. Section 479.05, Florida Statutes, is amended to
  644  read:
  645         479.05 Denial, suspension, or revocation of license.—The
  646  department may has authority to deny, suspend, or revoke a any
  647  license requested or granted under this chapter in any case in
  648  which it determines that the application for the license
  649  contains knowingly false or misleading information of material
  650  consequence, that the licensee has failed to pay fees or costs
  651  owed to the department for outdoor advertising purposes, or that
  652  the licensee has violated any of the provisions of this chapter,
  653  unless such licensee, within 30 days after the receipt of notice
  654  by the department, corrects such false or misleading
  655  information, pays the outstanding amounts, or complies with the
  656  provisions of this chapter. Suspension of a license allows the
  657  licensee to maintain existing sign permits, but the department
  658  may not grant a transfer of an existing permit or issue an
  659  additional permit to a licensee with a suspended license. A Any
  660  person aggrieved by an any action of the department which
  661  denies, suspends, or revokes in denying or revoking a license
  662  under this chapter may, within 30 days after from the receipt of
  663  the notice, apply to the department for an administrative
  664  hearing pursuant to chapter 120.
  665         Section 10. Section 479.07, Florida Statutes, is amended to
  666  read:
  667         479.07 Sign permits.—
  668         (1) Except as provided in ss. 479.105(1)(e) and 479.16, a
  669  person may not erect, operate, use, or maintain, or cause to be
  670  erected, operated, used, or maintained, any sign on the State
  671  Highway System outside an urban area, as defined in s.
  672  334.03(31), or on any portion of the interstate or federal-aid
  673  primary highway system without first obtaining a permit for the
  674  sign from the department and paying the annual fee as provided
  675  in this section. As used in this section, the term “on any
  676  portion of the State Highway System, interstate highway system,
  677  or federal-aid primary system” means a sign located within the
  678  controlled area which is visible from any portion of the main
  679  traveled way of such system.
  680         (2) A person may not apply for a permit unless he or she
  681  has first obtained the Written permission of the owner or other
  682  person in lawful possession or control of the site designated as
  683  the location of the sign is required for issuance of a in the
  684  application for the permit.
  685         (3)(a) An application for a sign permit must be made on a
  686  form prescribed by the department, and a separate application
  687  must be submitted for each permit requested. A permit is
  688  required for each sign facing.
  689         (b) As part of the application, the applicant or his or her
  690  authorized representative must certify in a notarized signed
  691  statement that all information provided in the application is
  692  true and correct and that, pursuant to subsection (2), he or she
  693  has obtained the written permission of the owner or other person
  694  in lawful possession of the site designated as the location of
  695  the sign in the permit application. Each Every permit
  696  application must be accompanied by the appropriate permit fee; a
  697  signed statement by the owner or other person in lawful control
  698  of the site on which the sign is located or will be erected,
  699  authorizing the placement of the sign on that site; and, where
  700  local governmental regulation of signs exists, a statement from
  701  the appropriate local governmental official indicating that the
  702  sign complies with all local government governmental
  703  requirements; and, if a local government permit is required for
  704  a sign, a statement that the agency or unit of local government
  705  will issue a permit to that applicant upon approval of the state
  706  permit application by the department.
  707         (c) The annual permit fee for each sign facing shall be
  708  established by the department by rule in an amount sufficient to
  709  offset the total cost to the department for the program, but may
  710  shall not be greater than exceed $100. The A fee may not be
  711  prorated for a period less than the remainder of the permit year
  712  to accommodate short-term publicity features; however, a first
  713  year fee may be prorated by payment of an amount equal to one
  714  fourth of the annual fee for each remaining whole quarter or
  715  partial quarter of the permit year. Applications received after
  716  the end of the third quarter of the permit year must include
  717  fees for the last quarter of the current year and fees for the
  718  succeeding year.
  719         (4) An application for a permit shall be acted on by
  720  granting, denying, or returning the incomplete application the
  721  department within 30 days after receipt of the application by
  722  the department.
  723         (5)(a) For each permit issued, the department shall furnish
  724  to the applicant a serially numbered permanent metal permit tag.
  725  The permittee is responsible for maintaining a valid permit tag
  726  on each permitted sign facing at all times. The tag shall be
  727  securely attached to the upper 50 percent of the sign structure,
  728  and sign facing or, if there is no facing, on the pole nearest
  729  the highway; and it shall be attached in such a manner as to be
  730  plainly visible from the main-traveled way. Effective July 1,
  731  2012, the tag must be securely attached to the upper 50 percent
  732  of the pole nearest the highway and must be attached in such a
  733  manner as to be plainly visible from the main-traveled way. The
  734  permit becomes void unless the permit tag must be is properly
  735  and permanently displayed at the permitted site within 30 days
  736  after the date of permit issuance. If the permittee fails to
  737  erect a completed sign on the permitted site within 270 days
  738  after the date on which the permit was issued, the permit will
  739  be void, and the department may not issue a new permit to that
  740  permittee for the same location for 270 days after the date on
  741  which the permit becomes became void.
  742         (b)  If a permit tag is lost, stolen, or destroyed, the
  743  permittee to whom the tag was issued must apply to the
  744  department for a replacement tag. The department shall adopt a
  745  rule establishing a service fee for replacement tags in an
  746  amount that will recover the actual cost of providing the
  747  replacement tag. Upon receipt of the application accompanied by
  748  the service fee, the department shall issue a replacement permit
  749  tag. Alternatively, the permittee may provide its own
  750  replacement tag pursuant to department specifications that the
  751  department shall adopt by rule at the time it establishes the
  752  service fee for replacement tags.
  753         (6) A permit is valid only for the location specified in
  754  the permit. Valid permits may be transferred from one sign owner
  755  to another upon written acknowledgment from the current
  756  permittee and submittal of a transfer fee of $5 for each permit
  757  to be transferred. However, the maximum transfer fee for any
  758  multiple transfer between two outdoor advertisers in a single
  759  transaction is $1,000 $100.
  760         (7) A permittee shall at all times maintain the permission
  761  of the owner or other person in lawful control of the sign site
  762  in order to have and maintain a sign at such site.
  763         (8)(a) In order to reduce peak workloads, the department
  764  may adopt rules providing for staggered expiration dates for
  765  licenses and permits. Unless otherwise provided for by rule, all
  766  licenses and permits expire annually on January 15. All license
  767  and permit renewal fees are required to be submitted to the
  768  department by no later than the expiration date. At least 105
  769  days before prior to the expiration date of licenses and
  770  permits, the department shall send to each permittee a notice of
  771  fees due for all licenses and permits that which were issued to
  772  him or her before prior to the date of the notice. Such notice
  773  must shall list the permits and the permit fees due for each
  774  sign facing. The permittee shall, no later than 45 days before
  775  prior to the expiration date, advise the department of any
  776  additions, deletions, or errors contained in the notice. Permit
  777  tags that which are not renewed shall be returned to the
  778  department for cancellation by the expiration date. Permits that
  779  which are not renewed or are canceled shall be certified in
  780  writing at that time as canceled or not renewed by the
  781  permittee, and permit tags for such permits shall be returned to
  782  the department or shall be accounted for by the permittee in
  783  writing, which writing shall be submitted with the renewal fee
  784  payment or the cancellation certification. However, failure of a
  785  permittee to submit a permit cancellation does shall not affect
  786  the nonrenewal of a permit. Before Prior to cancellation of a
  787  permit, the permittee shall provide written notice to all
  788  persons or entities having a right to advertise on the sign that
  789  the permittee intends to cancel the permit.
  790         (b) If a permittee has not submitted his or her fee payment
  791  by the expiration date of the licenses or permits, the
  792  department shall send a notice of violation to the permittee
  793  within 45 days after the expiration date, requiring the payment
  794  of the permit fee within 30 days after the date of the notice
  795  and payment of a delinquency fee equal to 10 percent of the
  796  original amount due or, in the alternative to these payments,
  797  requiring the filing of a request for an administrative hearing
  798  to show cause why the his or her sign should not be subject to
  799  immediate removal due to expiration of his or her license or
  800  permit. If the permittee submits payment as required by the
  801  violation notice, the his or her license or permit shall will be
  802  automatically reinstated and such reinstatement is will be
  803  retroactive to the original expiration date. If the permittee
  804  does not respond to the notice of violation within the 30-day
  805  period, the department shall, within 30 days, issue a final
  806  notice of sign removal and may, following 90 days after the date
  807  of the department’s final notice of sign removal, remove the
  808  sign without incurring any liability as a result of such
  809  removal. However, if at any time before removal of the sign, the
  810  permittee demonstrates that a good faith error on the part of
  811  the permittee resulted in cancellation or nonrenewal of the
  812  permit, the department may reinstate the permit if:
  813         1. The permit reinstatement fee of up to $300 based on the
  814  size of the sign is paid;
  815         2. All other permit renewal and delinquent permit fees due
  816  as of the reinstatement date are paid; and
  817         3. The permittee reimburses the department for all actual
  818  costs resulting from the permit cancellation or nonrenewal.
  819         (c) Conflicting applications filed by other persons for the
  820  same or competing sites covered by a permit subject to paragraph
  821  (b) may not be approved until after the sign subject to the
  822  expired permit has been removed.
  823         (d) The cost for removing a sign, whether by the department
  824  or an independent contractor, shall be assessed by the
  825  department against the permittee.
  826         (9)(a) A permit may shall not be granted for any sign for
  827  which a permit had not been granted by the effective date of
  828  this act unless such sign is located at least:
  829         1. One thousand five hundred feet from any other permitted
  830  sign on the same side of the highway, if on an interstate
  831  highway.
  832         2. One thousand feet from any other permitted sign on the
  833  same side of the highway, if on a federal-aid primary highway.
  834  
  835  The minimum spacing provided in this paragraph does not preclude
  836  the permitting of V-type, back-to-back, side-to-side, stacked,
  837  or double-faced signs at the permitted sign site. If a sign is
  838  visible to more than one highway subject to the jurisdiction of
  839  the department and within the controlled area of the highways
  840  from the controlled area of more than one highway subject to the
  841  jurisdiction of the department, the sign must shall meet the
  842  permitting requirements of all highways, and, if the sign meets
  843  the applicable permitting requirements, be permitted to, the
  844  highway having the more stringent permitting requirements.
  845         (b) A permit may shall not be granted for a sign pursuant
  846  to this chapter to locate such sign on any portion of the
  847  interstate or federal-aid primary highway system, which sign:
  848         1. Exceeds 50 feet in sign structure height above the crown
  849  of the main-traveled way to which the sign is permitted, if
  850  outside an incorporated area;
  851         2. Exceeds 65 feet in sign structure height above the crown
  852  of the main-traveled way to which the sign is permitted, if
  853  inside an incorporated area; or
  854         3. Exceeds 950 square feet of sign facing including all
  855  embellishments.
  856         (c) Notwithstanding subparagraph (a)1., there is
  857  established a pilot program in Orange, Hillsborough, and Osceola
  858  Counties, and within the boundaries of the City of Miami, under
  859  which the distance between permitted signs on the same side of
  860  an interstate highway may be reduced to 1,000 feet if all other
  861  requirements of this chapter are met and if:
  862         1. The local government has adopted a plan, program,
  863  resolution, ordinance, or other policy encouraging the voluntary
  864  removal of signs in a downtown, historic, redevelopment, infill,
  865  or other designated area which also provides for a new or
  866  replacement sign to be erected on an interstate highway within
  867  that jurisdiction if a sign in the designated area is removed;
  868         2. The sign owner and the local government mutually agree
  869  to the terms of the removal and replacement; and
  870         3. The local government notifies the department of its
  871  intention to allow such removal and replacement as agreed upon
  872  pursuant to subparagraph 2.
  873         4. The new or replacement sign to be erected on an
  874  interstate highway within that jurisdiction is to be located on
  875  a parcel of land specifically designated for commercial or
  876  industrial use under both the future land use map of the
  877  comprehensive plan and the land use development regulations
  878  adopted pursuant to chapter 163, and such parcel shall not be
  879  subject to an evaluation in accordance with the criteria set
  880  forth in s. 479.01(26) to determine if the parcel can be
  881  considered an unzoned commercial or industrial area.
  882  
  883  The department shall maintain statistics tracking the use of the
  884  provisions of this pilot program based on the notifications
  885  received by the department from local governments under this
  886  paragraph.
  887         (d) This subsection does not cause a sign that was
  888  conforming on October 1, 1984, to become nonconforming.
  889         (10) Commercial or industrial zoning that which is not
  890  comprehensively enacted or that which is enacted primarily to
  891  permit signs may shall not be recognized as commercial or
  892  industrial zoning for purposes of this provision, and permits
  893  may shall not be issued for signs in such areas. The department
  894  shall adopt rules that within 180 days after this act takes
  895  effect which shall provide criteria to determine whether such
  896  zoning is comprehensively enacted or enacted primarily to permit
  897  signs.
  898         Section 11. Section 479.08, Florida Statutes, is amended to
  899  read:
  900         479.08 Denial or revocation of permit.—The department may
  901  deny or revoke a any permit requested or granted under this
  902  chapter in any case in which it determines that the application
  903  for the permit contains knowingly false or misleading
  904  information of material consequence. The department may revoke a
  905  any permit granted under this chapter in any case in which the
  906  permittee has violated any of the provisions of this chapter,
  907  unless such permittee, within 30 days after the receipt of
  908  notice by the department, complies with the provisions of this
  909  chapter. For the purpose of this section, the notice of
  910  violation issued by the department must describe in detail the
  911  alleged violation. A Any person aggrieved by any action of the
  912  department in denying or revoking a permit under this chapter
  913  may, within 30 days after receipt of the notice, apply to the
  914  department for an administrative hearing pursuant to chapter
  915  120. If a timely request for hearing has been filed and the
  916  department issues a final order revoking a permit, such
  917  revocation shall be effective 30 days after the date of
  918  rendition. Except for department action pursuant to s.
  919  479.107(1), the filing of a timely and proper notice of appeal
  920  shall operate to stay the revocation until the department’s
  921  action is upheld.
  922         Section 12. Section 479.10, Florida Statutes, is amended to
  923  read:
  924         479.10 Sign removal following permit revocation or
  925  cancellation.—A sign shall be removed by the permittee within 30
  926  days after the date of revocation or cancellation of the permit
  927  for the sign. If the permittee fails to remove the sign within
  928  the 30-day period, the department shall remove the sign at the
  929  permittee’s expense with or without further notice and without
  930  incurring any liability as a result of such removal.
  931         Section 13. Section 479.105, Florida Statutes, is amended
  932  to read:
  933         479.105 Signs erected or maintained without required
  934  permit; removal.—
  935         (1) A Any sign that which is located adjacent to the right
  936  of-way of any highway on the State Highway System outside an
  937  incorporated area or adjacent to the right-of-way on any portion
  938  of the interstate or federal-aid primary highway system, which
  939  sign was erected, operated, or maintained without the permit
  940  required by s. 479.07(1) having been issued by the department,
  941  is declared to be a public nuisance and a private nuisance and
  942  shall be removed as provided in this section.
  943         (a) Upon a determination by the department that a sign is
  944  in violation of s. 479.07(1), the department shall prominently
  945  post on the sign, or as close to the sign as possible for a
  946  location in which the sign is not easily accessible, face a
  947  notice stating that the sign is illegal and must be removed
  948  within 30 days after the date on which the notice was posted.
  949  However, if the sign bears the name of the licensee or the name
  950  and address of the nonlicensed sign owner, The department shall,
  951  concurrently with and in addition to posting the notice on the
  952  sign, provide a written notice to the owner of the sign, the
  953  advertiser displayed on the sign, or the owner of the property,
  954  stating that the sign is illegal and must be permanently removed
  955  within the 30-day period specified on the posted notice. The
  956  written notice shall further state that the sign owner has a
  957  right to request a hearing may be requested and that the, which
  958  request must be filed with the department within 30 days after
  959  receipt the date of the written notice. However, the filing of a
  960  request for a hearing will not stay the removal of the sign.
  961         (b) If, pursuant to the notice provided, the sign is not
  962  removed by the sign owner of the sign, the advertiser displayed
  963  on the sign, or the owner of the property within the prescribed
  964  period, the department shall immediately remove the sign without
  965  further notice; and, for that purpose, the employees, agents, or
  966  independent contractors of the department may enter upon private
  967  property without incurring any liability for so entering.
  968         (c) However, the department may issue a permit for a sign,
  969  as a conforming or nonconforming sign, if the sign owner
  970  demonstrates to the department one of the following:
  971         1. If the sign meets the current requirements of this
  972  chapter for a sign permit, the sign owner may submit the
  973  required application package and receive a permit as a
  974  conforming sign, upon payment of all applicable fees.
  975         2. If the sign does not meet the current requirements of
  976  this chapter for a sign permit and has never been exempt from
  977  the requirement that a permit be obtained, the sign owner may
  978  receive a permit as a nonconforming sign if the department
  979  determines that the sign is not located on state right-of-way
  980  and is not a safety hazard and if the sign owner pays a penalty
  981  fee of $300 and all pertinent fees required by this chapter,
  982  including annual permit renewal fees payable since the date of
  983  the erection of the sign, and attaches to the permit application
  984  package documentation that demonstrates that:
  985         a. The sign has been unpermitted, structurally unchanged,
  986  and continuously maintained at the same location for 7 years or
  987  more;
  988         b. During the initial 7 years in which the sign has been
  989  subject to the jurisdiction of the department, the sign would
  990  have met the criteria established in this chapter which were in
  991  effect at that time for issuance of a permit; and
  992         c. The department has not initiated a notice of violation
  993  or taken other action to remove the sign during the initial 7
  994  year period in which the sign has been subject to the
  995  jurisdiction of the department.
  996         (d) This subsection does not cause a neighboring sign that
  997  is permitted and that is within the spacing requirements under
  998  s. 479.07(9)(a) to become nonconforming.
  999         (e)(c) For purposes of this subsection, a notice to the
 1000  sign owner, when required, constitutes sufficient notice.; and
 1001  Notice is not required to be provided to the lessee, advertiser,
 1002  or the owner of the real property on which the sign is located.
 1003         (f)(d) If, after a hearing, it is determined that a sign
 1004  has been wrongfully or erroneously removed pursuant to this
 1005  subsection, the department, at the sign owner’s discretion,
 1006  shall either pay just compensation to the owner of the sign or
 1007  reerect the sign in kind at the expense of the department.
 1008         (e) However, if the sign owner demonstrates to the
 1009  department that:
 1010         1. The sign has been unpermitted, structurally unchanged,
 1011  and continuously maintained at the same location for a period of
 1012  7 years or more;
 1013         2. At any time during the period in which the sign has been
 1014  erected, the sign would have met the criteria established in
 1015  this chapter for issuance of a permit;
 1016         3. The department has not initiated a notice of violation
 1017  or taken other action to remove the sign during the initial 7
 1018  year period described in subparagraph 1.; and
 1019         4. The department determines that the sign is not located
 1020  on state right-of-way and is not a safety hazard,
 1021  
 1022  the sign may be considered a conforming or nonconforming sign
 1023  and may be issued a permit by the department upon application in
 1024  accordance with this chapter and payment of a penalty fee of
 1025  $300 and all pertinent fees required by this chapter, including
 1026  annual permit renewal fees payable since the date of the
 1027  erection of the sign.
 1028         (2)(a) If a sign is under construction and the department
 1029  determines that a permit has not been issued for the sign as
 1030  required under the provisions of this chapter, the department
 1031  may is authorized to require that all work on the sign cease
 1032  until the sign owner shows that the sign does not violate the
 1033  provisions of this chapter. The order to cease work shall be
 1034  prominently posted on the sign structure, and no further notice
 1035  is not required to be given. The failure of a sign owner or her
 1036  or his agents to immediately comply with the order subjects
 1037  shall subject the sign to prompt removal by the department.
 1038         (b) For the purposes of this subsection only, a sign is
 1039  under construction when it is in any phase of initial
 1040  construction before prior to the attachment and display of the
 1041  advertising message in final position for viewing by the
 1042  traveling public. A sign that is undergoing routine maintenance
 1043  or change of the advertising message only is not considered to
 1044  be under construction for the purposes of this subsection.
 1045         (3) The cost of removing a sign, whether by the department
 1046  or an independent contractor, shall be assessed against the
 1047  owner of the sign by the department.
 1048         Section 14. Subsections (5) and (7) of section 479.106,
 1049  Florida Statutes, are amended to read:
 1050         479.106 Vegetation management.—
 1051         (5) The department may only grant a permit pursuant to s.
 1052  479.07 for a new sign that which requires the removal, cutting,
 1053  or trimming of existing trees or vegetation on public right-of
 1054  way for the sign face to be visible from the highway the sign
 1055  will be permitted to when the sign owner has removed at least
 1056  two nonconforming signs of approximate comparable size and
 1057  surrendered the permits for the nonconforming signs to the
 1058  department for cancellation. For signs originally permitted
 1059  after July 1, 1996, the first application, or application for a
 1060  change of view zone, no permit for the removal, cutting, or
 1061  trimming of trees or vegetation along the highway the sign is
 1062  permitted to shall require the removal of two nonconforming
 1063  signs, in addition to mitigation or contribution to a plan of
 1064  mitigation. The department may not grant a permit for the
 1065  removal, cutting, or trimming of trees for a sign permitted
 1066  after July 1, 1996, if the shall be granted where such trees are
 1067  or the vegetation is are part of a beautification project
 1068  implemented before prior to the date of the original sign permit
 1069  application and if, when the beautification project is
 1070  specifically identified in the department’s construction plans,
 1071  permitted landscape projects, or agreements.
 1072         (7) Any person engaging in removal, cutting, or trimming of
 1073  trees or vegetation in violation of this section or benefiting
 1074  from such actions shall be subject to an administrative penalty
 1075  of up to $1,000 per sign facing and required to mitigate for the
 1076  unauthorized removal, cutting, or trimming in such manner and in
 1077  such amount as may be required under the rules of the
 1078  department.
 1079         Section 15. Subsection (5) of section 479.107, Florida
 1080  Statutes, is amended to read:
 1081         479.107 Signs on highway rights-of-way; removal.—
 1082         (5) The cost of removing a sign, whether by the department
 1083  or an independent contractor, shall be assessed by the
 1084  department against the owner of the sign. Furthermore, the
 1085  department shall assess a fine of $75 against the sign owner for
 1086  any sign which violates the requirements of this section.
 1087         Section 16. Section 479.111, Florida Statutes, is amended
 1088  to read:
 1089         479.111 Specified signs allowed within controlled portions
 1090  of the interstate and federal-aid primary highway system.—Only
 1091  the following signs shall be allowed within controlled portions
 1092  of the interstate highway system and the federal-aid primary
 1093  highway system as set forth in s. 479.11(1) and (2):
 1094         (1) Directional or other official signs and notices that
 1095  which conform to 23 C.F.R. ss. 750.151-750.155.
 1096         (2) Signs in commercial-zoned and industrial-zoned areas or
 1097  commercial-unzoned and industrial-unzoned areas and within 660
 1098  feet of the nearest edge of the right-of-way, subject to the
 1099  requirements set forth in the 1972 agreement between the state
 1100  and the United States Department of Transportation.
 1101         (3) Signs for which permits are not required under s.
 1102  479.16.
 1103         Section 17. Section 479.15, Florida Statutes, is amended to
 1104  read:
 1105         479.15 Harmony of regulations.—
 1106         (1) A No zoning board or commission or other public officer
 1107  or agency may not shall issue a permit to erect a any sign that
 1108  which is prohibited under the provisions of this chapter or the
 1109  rules of the department, and nor shall the department may not
 1110  issue a permit for a any sign that which is prohibited by any
 1111  other public board, officer, or agency in the lawful exercise of
 1112  its powers.
 1113         (2) A municipality, county, local zoning authority, or
 1114  other local governmental entity may not remove, or cause to be
 1115  removed, a any lawfully erected sign along any portion of the
 1116  interstate or federal-aid primary highway system without first
 1117  paying just compensation for such removal. A local governmental
 1118  entity may not cause in any way the alteration of a any lawfully
 1119  erected sign located along any portion of the interstate or
 1120  federal-aid primary highway system without payment of just
 1121  compensation if such alteration constitutes a taking under state
 1122  law. The municipality, county, local zoning authority, or other
 1123  local governmental government entity that adopts requirements
 1124  for such alteration shall pay just compensation to the sign
 1125  owner if such alteration constitutes a taking under state law.
 1126  This subsection applies only to a lawfully erected sign the
 1127  subject matter of which relates to premises other than the
 1128  premises on which it is located or to merchandise, services,
 1129  activities, or entertainment not sold, produced, manufactured,
 1130  or furnished on the premises on which the sign is located. As
 1131  used in this subsection, the term “federal-aid primary highway
 1132  system” means the federal-aid primary highway system in
 1133  existence on June 1, 1991, and any highway that was not a part
 1134  of such system as of that date but that is or becomes after June
 1135  1, 1991, a part of the National Highway System. This subsection
 1136  may shall not be interpreted as explicit or implicit legislative
 1137  recognition that alterations do or do not constitute a taking
 1138  under state law.
 1139         (3) It is the express intent of the Legislature to limit
 1140  the state right-of-way acquisition costs on state and federal
 1141  roads in eminent domain proceedings, the provisions of ss.
 1142  479.07 and 479.155 notwithstanding. Subject to approval by the
 1143  Federal Highway Administration, if whenever public acquisition
 1144  of land upon which is situated a lawful permitted nonconforming
 1145  sign occurs, as provided in this chapter, the sign may, at the
 1146  election of its owner and the department, be relocated or
 1147  reconstructed adjacent to the new right-of-way and in close
 1148  proximity to the current site if along the roadway within 100
 1149  feet of the current location, provided the nonconforming sign is
 1150  not relocated in an area inconsistent with s. 479.024. on a
 1151  parcel zoned residential, and provided further that Such
 1152  relocation is shall be subject to the applicable setback
 1153  requirements in the 1972 agreement between the state and the
 1154  United States Department of Transportation. The sign owner shall
 1155  pay all costs associated with relocating or reconstructing a any
 1156  sign under this subsection, and neither the state or nor any
 1157  local government may not shall reimburse the sign owner for such
 1158  costs, unless part of such relocation costs is are required by
 1159  federal law. If no adjacent property is not available for the
 1160  relocation, the department is shall be responsible for paying
 1161  the owner of the sign just compensation for its removal.
 1162         (4) For a nonconforming sign, Such relocation shall be
 1163  adjacent to the current site and the face of the sign may shall
 1164  not be increased in size or height or structurally modified at
 1165  the point of relocation in a manner inconsistent with the
 1166  current building codes of the jurisdiction in which the sign is
 1167  located.
 1168         (5) If In the event that relocation can be accomplished but
 1169  is inconsistent with the ordinances of the municipality or
 1170  county within whose jurisdiction the sign is located, the
 1171  ordinances of the local government shall prevail if, provided
 1172  that the local government assumes shall assume the
 1173  responsibility to provide the owner of the sign just
 1174  compensation for its removal., but in no event shall
 1175  Compensation paid by the local government may not be greater
 1176  than exceed the compensation required under state or federal
 1177  law. Further, the provisions of This section does shall not
 1178  impair any agreement or future agreements between a municipality
 1179  or county and the owner of a sign or signs within the
 1180  jurisdiction of the municipality or county. Nothing in this
 1181  section shall be deemed to cause a nonconforming sign to become
 1182  conforming solely as a result of the relocation allowed in this
 1183  section.
 1184         (6) The provisions of Subsections (3), (4), and (5) do of
 1185  this section shall not apply within the jurisdiction of a any
 1186  municipality that which is engaged in any litigation concerning
 1187  its sign ordinance on April 23, 1999, and the subsections do not
 1188  nor shall such provisions apply to a any municipality whose
 1189  boundaries are identical to the county within which the said
 1190  municipality is located.
 1191         (7) This section does not cause a neighboring sign that is
 1192  already permitted and that is within the spacing requirements
 1193  established in s. 479.07(9)(a) to become nonconforming.
 1194         Section 18. Section 479.156, Florida Statutes, is amended
 1195  to read:
 1196         479.156 Wall murals.—Notwithstanding any other provision of
 1197  this chapter, a municipality or county may permit and regulate
 1198  wall murals within areas designated by such government. If a
 1199  municipality or county permits wall murals, a wall mural that
 1200  displays a commercial message and is within 660 feet of the
 1201  nearest edge of the right-of-way within an area adjacent to the
 1202  interstate highway system or the federal-aid primary highway
 1203  system shall be located only in an area that is zoned for
 1204  industrial or commercial use pursuant to s. 479.024. and The
 1205  municipality or county shall establish and enforce regulations
 1206  for such areas which that, at a minimum, set forth criteria
 1207  governing the size, lighting, and spacing of wall murals
 1208  consistent with the intent of 23 U.S.C. s. 131 the Highway
 1209  Beautification Act of 1965 and with customary use. If Whenever a
 1210  municipality or county exercises such control and makes a
 1211  determination of customary use pursuant to 23 U.S.C. s. 131(d),
 1212  such determination shall be accepted in lieu of controls in the
 1213  agreement between the state and the United States Department of
 1214  Transportation, and the department shall notify the Federal
 1215  Highway Administration pursuant to the agreement, 23 U.S.C. s.
 1216  131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
 1217  subject to municipal or county regulation and 23 U.S.C. s. 131
 1218  the Highway Beautification Act of 1965 must be approved by the
 1219  Department of Transportation and the Federal Highway
 1220  Administration when required by federal law and federal
 1221  regulation under the agreement between the state and the United
 1222  States Department of Transportation and federal regulations
 1223  enforced by the Department of Transportation under s. 479.02(1).
 1224  The existence of a wall mural as defined in s. 479.01 must s.
 1225  479.01(30) shall not be considered in determining whether a sign
 1226  as defined in s. 479.01(20), either existing or new, is in
 1227  compliance with s. 479.07(9)(a).
 1228         Section 19. Section 479.16, Florida Statutes, is amended to
 1229  read:
 1230         479.16 Signs for which permits are not required.—The
 1231  following signs are exempt from the requirement that a permit
 1232  for a sign be obtained under the provisions of this chapter but
 1233  are required to comply with the provisions of s. 479.11(4)-(8),
 1234  and the provisions of subsections (15)-(19) may not be
 1235  implemented or continued if the Federal Government notifies the
 1236  department that implementation or continuation will adversely
 1237  affect the allocation of federal funds to the department:
 1238         (1) Signs erected on the premises of an establishment,
 1239  which signs consist primarily of the name of the establishment
 1240  or which identify the principal or accessory merchandise,
 1241  services, activities, or entertainment sold, produced,
 1242  manufactured, or furnished on the premises of the establishment
 1243  and which comply with the lighting restrictions imposed under
 1244  department rule adopted pursuant to s. 479.11(5), or signs owned
 1245  by a municipality or a county located on the premises of such
 1246  municipality or such county which display information regarding
 1247  governmental government services, activities, events, or
 1248  entertainment. For purposes of this section, the following types
 1249  of messages are shall not be considered information regarding
 1250  governmental government services, activities, events, or
 1251  entertainment:
 1252         (a) Messages that which specifically reference any
 1253  commercial enterprise.
 1254         (b) Messages that which reference a commercial sponsor of
 1255  any event.
 1256         (c) Personal messages.
 1257         (d) Political campaign messages.
 1258  
 1259  If a sign located on the premises of an establishment consists
 1260  principally of brand name or trade name advertising and the
 1261  merchandise or service is only incidental to the principal
 1262  activity, or if the owner of the establishment receives rental
 1263  income from the sign, then the sign is not exempt under this
 1264  subsection.
 1265         (2) Signs erected, used, or maintained on a farm by the
 1266  owner or lessee of such farm and relating solely to farm
 1267  produce, merchandise, service, or entertainment sold, produced,
 1268  manufactured, or furnished on such farm.
 1269         (3) Signs posted or displayed on real property by the owner
 1270  or by the authority of the owner, stating that the real property
 1271  is for sale or rent. However, if the sign contains any message
 1272  not pertaining to the sale or rental of the that real property,
 1273  then it is not exempt under this section.
 1274         (4) Official notices or advertisements posted or displayed
 1275  on private property by or under the direction of any public or
 1276  court officer in the performance of her or his official or
 1277  directed duties, or by trustees under deeds of trust or deeds of
 1278  assignment or other similar instruments.
 1279         (5) Danger or precautionary signs relating to the premises
 1280  on which they are located; forest fire warning signs erected
 1281  under the authority of the Florida Forest Service of the
 1282  Department of Agriculture and Consumer Services; and signs,
 1283  notices, or symbols erected by the United States Government
 1284  under the direction of the United States Forest Forestry
 1285  Service.
 1286         (6) Notices of any railroad, bridge, ferry, or other
 1287  transportation or transmission company necessary for the
 1288  direction or safety of the public.
 1289         (7) Signs, notices, or symbols for the information of
 1290  aviators as to location, directions, and landings and conditions
 1291  affecting safety in aviation erected or authorized by the
 1292  department.
 1293         (8) Signs or notices measuring up to 8 square feet which
 1294  are erected or maintained upon property and which state stating
 1295  only the name of the owner, lessee, or occupant of the premises
 1296  and not exceeding 8 square feet in area.
 1297         (9) Historical markers erected by duly constituted and
 1298  authorized public authorities.
 1299         (10) Official traffic control signs and markers erected,
 1300  caused to be erected, or approved by the department.
 1301         (11) Signs erected upon property warning the public against
 1302  hunting and fishing or trespassing thereon.
 1303         (12) Signs not in excess of up to 8 square feet which that
 1304  are owned by and relate to the facilities and activities of
 1305  churches, civic organizations, fraternal organizations,
 1306  charitable organizations, or units or agencies of government.
 1307         (13) Except that Signs placed on benches, transit shelters,
 1308  modular news racks, streetlight poles, public pay telephones,
 1309  and waste receptacles, within the right-of-way, as provided for
 1310  in s. 337.408 are exempt from all provisions of this chapter.
 1311         (14) Signs relating exclusively to political campaigns.
 1312         (15) Signs measuring up to not in excess of 16 square feet
 1313  placed at a road junction with the State Highway System denoting
 1314  only the distance or direction of a residence or farm operation,
 1315  or, outside an incorporated in a rural area where a hardship is
 1316  created because a small business is not visible from the road
 1317  junction with the State Highway System, one sign measuring up to
 1318  not in excess of 16 square feet, denoting only the name of the
 1319  business and the distance and direction to the business. The
 1320  small-business-sign provision of this subsection does not apply
 1321  to charter counties and may not be implemented if the Federal
 1322  Government notifies the department that implementation will
 1323  adversely affect the allocation of federal funds to the
 1324  department.
 1325         (16)Signs placed by a local tourist-oriented business
 1326  located within a rural area of critical economic concern as
 1327  defined in s. 288.0656(2) which are:
 1328         (a)Not more than 8 square feet in size or more than 4 feet
 1329  in height;
 1330         (b)Located only in rural areas on a facility that does not
 1331  meet the definition of a limited access facility, as defined in
 1332  s. 334.03;
 1333         (c)Located within 2 miles of the business location and at
 1334  least 500 feet apart;
 1335         (d)Located only in two directions leading to the business;
 1336  and
 1337         (e)Not located within the road right-of-way.
 1338  
 1339  A business placing such signs must be at least 4 miles from any
 1340  other business using this exemption and may not participate in
 1341  any other directional signage program by the department.
 1342         (17)Signs measuring up to 32 square feet denoting only the
 1343  distance or direction of a farm operation which are erected at a
 1344  road junction with the State Highway System, but only during the
 1345  harvest season of the farm operation for up to 4 months.
 1346         (18)Acknowledgment signs erected upon publicly funded
 1347  school premises which relate to a specific public school club,
 1348  team, or event and which are placed at least 1,000 feet from any
 1349  other acknowledgment sign on the same side of the roadway. The
 1350  sponsor information on an acknowledgment sign may constitute no
 1351  more than 100 square feet of the sign. As used in this
 1352  subsection, the term “acknowledgment sign” means a sign that is
 1353  intended to inform the traveling public that a public school
 1354  club, team, or event has been sponsored by a person, firm, or
 1355  other entity.
 1356         (19)Displays erected upon a sports facility, the content
 1357  of which is directly related to the facility’s activities or to
 1358  the facility’s products or services. Displays must be mounted
 1359  flush to the surface of the sports facility and must rely upon
 1360  the building facade for structural support. As used in this
 1361  subsection, the term “sports facility” means an athletic
 1362  complex, athletic arena, or athletic stadium, including
 1363  physically connected parking facilities, which is open to the
 1364  public and has a seating capacity of 15,000 or more permanently
 1365  installed seats.
 1366  
 1367  If the exemptions in subsections (15)-(19) are not implemented
 1368  or continued due to notification from the Federal Government
 1369  that the allocation of federal funds to the department will be
 1370  adversely impacted, the department shall provide notice to the
 1371  sign owner that the sign must be removed within 30 days after
 1372  receipt of the notice. If the sign is not removed within 30 days
 1373  after receipt of the notice by the sign owner, the department
 1374  may remove the sign, and the costs incurred in connection with
 1375  the sign removal shall be assessed against and collected from
 1376  the sign owner.
 1377         Section 20. Section 479.24, Florida Statutes, is amended to
 1378  read:
 1379         479.24 Compensation for removal of signs; eminent domain;
 1380  exceptions.—
 1381         (1) Just compensation shall be paid by the department upon
 1382  the department’s acquisition removal of a lawful conforming or
 1383  nonconforming sign along any portion of the interstate or
 1384  federal-aid primary highway system. This section does not apply
 1385  to a sign that which is illegal at the time of its removal. A
 1386  sign loses will lose its nonconforming status and becomes become
 1387  illegal at such time as it fails to be permitted or maintained
 1388  in accordance with all applicable laws, rules, ordinances, or
 1389  regulations other than the provision that which makes it
 1390  nonconforming. A legal nonconforming sign under state law or
 1391  rule does will not lose its nonconforming status solely because
 1392  it additionally becomes nonconforming under an ordinance or
 1393  regulation of a local governmental entity passed at a later
 1394  date. The department shall make every reasonable effort to
 1395  negotiate the purchase of the signs to avoid litigation and
 1396  congestion in the courts.
 1397         (2) The department is not required to remove any sign under
 1398  this section if the federal share of the just compensation to be
 1399  paid upon removal of the sign is not available to make such
 1400  payment, unless an appropriation by the Legislature for such
 1401  purpose is made to the department.
 1402         (3)(a) The department may is authorized to use the power of
 1403  eminent domain when necessary to carry out the provisions of
 1404  this chapter.
 1405         (b) If eminent domain procedures are instituted, just
 1406  compensation shall be made pursuant to the state’s eminent
 1407  domain procedures, chapters 73 and 74.
 1408         Section 21. Section 479.25, Florida Statutes, is amended to
 1409  read:
 1410         479.25 Erection of noise-attenuation barrier blocking view
 1411  of sign; procedures; application.—
 1412         (1) The owner of a lawfully erected sign that is governed
 1413  by and conforms to state and federal requirements for land use,
 1414  size, height, and spacing may increase the height above ground
 1415  level of such sign at its permitted location if a noise
 1416  attenuation barrier is permitted by or erected by any
 1417  governmental entity in such a way as to screen or block
 1418  visibility of the sign. Any increase in height permitted under
 1419  this section may only be the increase in height which is
 1420  required to achieve the same degree of visibility from the
 1421  right-of-way which the sign had before prior to the construction
 1422  of the noise-attenuation barrier, notwithstanding the
 1423  restrictions contained in s. 479.07(9)(b). A sign reconstructed
 1424  under this section must shall comply with the building standards
 1425  and wind load requirements provided set forth in the Florida
 1426  Building Code. If construction of a proposed noise-attenuation
 1427  barrier will screen a sign lawfully permitted under this
 1428  chapter, the department shall provide notice to the local
 1429  government or local jurisdiction within which the sign is
 1430  located before construction prior to erection of the noise
 1431  attenuation barrier. Upon a determination that an increase in
 1432  the height of a sign as permitted under this section will
 1433  violate a provision contained in an ordinance or a land
 1434  development regulation of the local government or local
 1435  jurisdiction, the local government or local jurisdiction shall,
 1436  before construction so notify the department. When notice has
 1437  been received from the local government or local jurisdiction
 1438  prior to erection of the noise-attenuation barrier, the
 1439  department shall:
 1440         (a) Provide a variance or waiver to the local ordinance or
 1441  land development regulations to Conduct a written survey of all
 1442  property owners identified as impacted by highway noise and who
 1443  may benefit from the proposed noise-attenuation barrier. The
 1444  written survey shall inform the property owners of the location,
 1445  date, and time of the public hearing described in paragraph (b)
 1446  and shall specifically advise the impacted property owners that:
 1447         1. Erection of the noise-attenuation barrier may block the
 1448  visibility of an existing outdoor advertising sign;
 1449         2. The local government or local jurisdiction may restrict
 1450  or prohibit increasing the height of the existing outdoor
 1451  advertising sign to make it visible over the barrier; and
 1452         3. If a majority of the impacted property owners vote for
 1453  construction of the noise-attenuation barrier, the local
 1454  government or local jurisdiction will be required to:
 1455         a. allow an increase in the height of the sign in violation
 1456  of a local ordinance or land development regulation;
 1457         (b)b. Allow the sign to be relocated or reconstructed at
 1458  another location if the sign owner agrees; or
 1459         (c)c. Pay the fair market value of the sign and its
 1460  associated interest in the real property.
 1461         (2)(b)The department shall hold a public hearing within
 1462  the boundaries of the affected local governments or local
 1463  jurisdictions to receive input on the proposed noise-attenuation
 1464  barrier and its conflict with the local ordinance or land
 1465  development regulation and to suggest or consider alternatives
 1466  or modifications to the proposed noise-attenuation barrier to
 1467  alleviate or minimize the conflict with the local ordinance or
 1468  land development regulation or minimize any costs that may be
 1469  associated with relocating, reconstructing, or paying for the
 1470  affected sign. The public hearing may be held concurrently with
 1471  other public hearings scheduled for the project. The department
 1472  shall provide a written notification to the local government or
 1473  local jurisdiction of the date and time of the public hearing
 1474  and shall provide general notice of the public hearing in
 1475  accordance with the notice provisions of s. 335.02(1). The
 1476  notice may shall not be placed in that portion of a newspaper in
 1477  which legal notices or classified advertisements appear. The
 1478  notice must shall specifically state that:
 1479         (a)1. Erection of the proposed noise-attenuation barrier
 1480  may block the visibility of an existing outdoor advertising
 1481  sign;
 1482         (b)2. The local government or local jurisdiction may
 1483  restrict or prohibit increasing the height of the existing
 1484  outdoor advertising sign to make it visible over the barrier;
 1485  and
 1486         (c)3.Upon If a majority of the impacted property owners
 1487  vote for construction of the noise-attenuation barrier, the
 1488  local government or local jurisdiction shall will be required
 1489  to:
 1490         1.a. Allow an increase in the height of the sign through a
 1491  waiver or variance to in violation of a local ordinance or land
 1492  development regulation;
 1493         2.b. Allow the sign to be relocated or reconstructed at
 1494  another location if the sign owner agrees; or
 1495         3.c. Pay the fair market value of the sign and its
 1496  associated interest in the real property.
 1497         (3)(2) The department may shall not permit erection of the
 1498  noise-attenuation barrier to the extent the barrier screens or
 1499  blocks visibility of the sign until after the public hearing is
 1500  held and until such time as the survey has been conducted and a
 1501  majority of the impacted property owners have indicated approval
 1502  to erect the noise-attenuation barrier. When the impacted
 1503  property owners approve of the noise-attenuation barrier
 1504  construction, the department shall notify the local governments
 1505  or local jurisdictions. The local government or local
 1506  jurisdiction shall, notwithstanding the provisions of a
 1507  conflicting ordinance or land development regulation:
 1508         (a) Issue a permit by variance or otherwise for the
 1509  reconstruction of a sign under this section;
 1510         (b) Allow the relocation of a sign, or construction of
 1511  another sign, at an alternative location that is permittable
 1512  under the provisions of this chapter, if the sign owner agrees
 1513  to relocate the sign or construct another sign; or
 1514         (c) Refuse to issue the required permits for reconstruction
 1515  of a sign under this section and pay fair market value of the
 1516  sign and its associated interest in the real property to the
 1517  owner of the sign.
 1518         (4)(3) This section does shall not apply to the provisions
 1519  of any existing written agreement executed before July 1, 2006,
 1520  between any local government and the owner of an outdoor
 1521  advertising sign.
 1522         Section 22. Subsection (1) of section 479.261, Florida
 1523  Statutes, is amended to read:
 1524         479.261 Logo sign program.—
 1525         (1) The department shall establish a logo sign program for
 1526  the rights-of-way of the limited access interstate highway
 1527  system to provide information to motorists about available gas,
 1528  food, lodging, camping, attractions, and other services, as
 1529  approved by the Federal Highway Administration, at interchanges
 1530  through the use of business logos and may include additional
 1531  interchanges under the program.
 1532         (a) As used in this chapter, the term “attraction” means an
 1533  establishment, site, facility, or landmark that is open a
 1534  minimum of 5 days a week for 52 weeks a year; that has as its
 1535  principal focus family-oriented entertainment, cultural,
 1536  educational, recreational, scientific, or historical activities;
 1537  and that is publicly recognized as a bona fide tourist
 1538  attraction.
 1539         (b) The department shall incorporate the use of RV-friendly
 1540  markers on specific information logo signs for establishments
 1541  that cater to the needs of persons driving recreational
 1542  vehicles. Establishments that qualify for participation in the
 1543  specific information logo program and that also qualify as “RV
 1544  friendly” may request the RV-friendly marker on their specific
 1545  information logo sign. An RV-friendly marker must consist of a
 1546  design approved by the Federal Highway Administration. The
 1547  department shall adopt rules in accordance with chapter 120 to
 1548  administer this paragraph. Such rules must establish minimum
 1549  requirements for parking spaces, entrances and exits, and
 1550  overhead clearance which must be met by, including rules setting
 1551  forth the minimum requirements that establishments that wish
 1552  must meet in order to qualify as RV-friendly. These requirements
 1553  shall include large parking spaces, entrances, and exits that
 1554  can easily accommodate recreational vehicles and facilities
 1555  having appropriate overhead clearances, if applicable.
 1556         Section 23. Subsection (1) of section 479.262, Florida
 1557  Statutes, is amended to read:
 1558         479.262 Tourist-oriented directional sign program.—
 1559         (1) A tourist-oriented directional sign program to provide
 1560  directions to rural tourist-oriented businesses, services, and
 1561  activities may be established at intersections on rural and
 1562  conventional state, county, or municipal roads only in rural
 1563  counties identified by criteria and population in s. 288.0656
 1564  when approved and permitted by county or local governmental
 1565  government entities within their respective jurisdictional areas
 1566  at intersections on rural and conventional state, county, or
 1567  municipal roads. A county or local government that which issues
 1568  permits for a tourist-oriented directional sign program is shall
 1569  be responsible for sign construction, maintenance, and program
 1570  operation in compliance with subsection (3) for roads on the
 1571  state highway system and may establish permit fees sufficient to
 1572  offset associated costs. A tourist-oriented directional sign may
 1573  not be used on roads in urban areas or at interchanges on
 1574  freeways or expressways.
 1575         Section 24. Section 479.313, Florida Statutes, is amended
 1576  to read:
 1577         479.313 Permit revocation and cancellation; cost of
 1578  removal.—All costs incurred by the department in connection with
 1579  the removal of a sign located within a controlled area adjacent
 1580  to the State Highway System, interstate highway system, or
 1581  federal-aid primary highway system following the revocation or
 1582  cancellation of the permit for such sign shall be assessed
 1583  against and collected from the permittee.
 1584         Section 25. Section 76 of chapter 2012-174, Laws of
 1585  Florida, is repealed.
 1586         Section 26. There is established a pilot program for the
 1587  School District of Palm Beach County to recognize its business
 1588  partners. The school district may recognize its business
 1589  partners by publicly displaying the names of the business
 1590  partners on school district property in the unincorporated areas
 1591  of the county. Recognitions of project graduation and athletic
 1592  sponsorships are examples of appropriate recognitions. The
 1593  school district shall make every effort to display the names of
 1594  its business partners in a manner that is consistent with the
 1595  county standards for uniformity in size, color, and placement of
 1596  the signs. If the provisions of this section are inconsistent
 1597  with county ordinances or regulations relating to signs in the
 1598  unincorporated areas of the county or inconsistent with chapter
 1599  125, Florida Statutes, or chapter 166, Florida Statutes, the
 1600  provisions of this section shall prevail. If the Federal Highway
 1601  Administration determines that the Department of Transportation
 1602  is not providing effective control of outdoor advertising as a
 1603  result of a business partner recognition by the school district
 1604  under this program, the department shall notify the school
 1605  district by certified mail of any nonconforming recognition, and
 1606  the school district shall remove the recognition specified in
 1607  the notice within 30 days after receiving the notification. The
 1608  pilot program expires June 30, 2015.
 1609         Section 27. This act shall take effect July 1, 2014.