Notice of Proposed Rule

DEPARTMENT OF TRANSPORTATION
RULE NO: RULE TITLE
14-10.004: Permits
14-10.0043: Outdoor Advertising License and Permit Fees
PURPOSE AND EFFECT: Rule 14-10.0043, F.A.C., is amended to increase the annual fee from $44.00 to $56.00 for each sign facing 200 square feet or less and from $64.00 to $76.00 for each sign facing more than 200 square feet. The pro rata fees for partial year renewals also are revised based upon the full year annual fees. The application form also is being amended.
The fee structure previously listed in the rule development notice and form were adjusted downward based upon actual revenues received.
SUMMARY: Rule 14-10.0043, F.A.C., is being amended to increase annual permit fees and Rule 14-10.004, F.A.C., is being amended to incorporate a revised permit application form.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2), 479.02(7), 479.07(3)(c) FS.
LAW IMPLEMENTED: 339.05, 479.02, 479.07(9) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 8, 2008, 9:00 a.m.
PLACE: Department of Transportation, Suwannee Room (Room 250), 605 Suwannee Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE FULL TEXT OF THE PROPOSED RULE IS:

14-10.004 Permits.

(1) An application for a new sign permit is made by completing and submitting an Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 06/08 10/06, incorporated herein by reference, to the address listed in subsection 14-10.003(2). Applications may be obtained from the State Outdoor Advertising License and Permit Office.

(a) through (e) No change.

(f) For purposes of (c), above, when a valid permit is being conditionally canceled pursuant to Rule subsection 14-10.004(9), F.A.C., the Outdoor Advertising Permit Cancellation Certification, Form 575-070-12, Rev. 10/06, incorporated herein by reference, and Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 06/08 10/06, must be submitted simultaneously to the Department. Form 575-070-12 may be obtained from the address listed in Rule subsection 14-10.003(2), F.A.C. The date the Department receives the cancellation and complete application documents shall be considered the date the application is received.

(g) through (2)(d) No change.

(3) Notwithstanding any other provisions of this rule chapter, an outdoor advertising sign existing at a location which previously was not subject to the permitting requirements of this chapter, but which has become subject to the requirements of this chapter due to changes in the jurisdictional designation of highways, shall be granted a state permit in accordance with the process outlined below:

(a) through (c) No change.

(d) The Department shall issue an Outdoor Advertising Permit, Form 575-070-30, Rev. 07/01, to the sign owner upon receipt of a complete Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 06/08 10/06, together with all items required by Section 479.07(3)(b), F.S. For existing signs, the written statement required by Section 479.07(3)(b), F.S., shall be any written document from the appropriate local governmental official indicating compliance with local requirements as of the date of the permit application. A previously issued building permit shall be accepted as the statement from an appropriate local governmental official, except in cases where the local government has provided notice to the sign owner that the sign is illegal or has undertaken action to cause the sign to be removed. When a building permit is submitted as the statement of the local government, the applicant shall certify in writing that the local government has not provided notice that the sign is illegal, and that the local government has taken no action to cause the sign to be removed.

(4) through (12)(b) No change.

Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 215.34, 334.044(28), 339.05, 479.01(14), 479.02, 479.04, 479.07, 479.106(5), 479.24 FS. History–(Formerly part of Rule 14-10.04, Permits; 14-15.05, Right of Way Bureau Operating Procedures), New 3-28-76, Amended 4-21-77, 12-10-77, 6-26-78, 12-31-78, 1-1-86, Formerly 14-10.04, Amended 7-7-92, 6-28-98, 8-10-99, 8-19-01, 1-25-04, 3-15-05, 12-31-06,________.

 

14-10.0043 Outdoor Advertising License and Permit Fees.

(1) The annual fee for an Outdoor Advertising License is $300.00. Licenses expire on January 15 of each year.

(2) The annual permit fee for each sign facing is $56.00 $44.00 for 200 square feet or less, and $76.00 $64.00 for more than 200 square feet. A permittee shall notify the Department in writing prior to making any changes in the dimensions of a conforming sign which would increase the area of the sign facing to over 200 square feet, and shall submit an additional $20.00.

(3) Permit fees for the year in which application is made may be prorated by paying one-fourth of the annual fee for each whole or partial quarter remaining in that year. Applications received after September 30 must include fees for the last quarter plus fees for the following year. The fee schedule is based on the date the application is received by the Department as follows:

(a) January 16 through April 15: $56.00 $44.00 for each sign facing of 200 square feet or less; $76.00 $64.00 for each facing greater than 200 square feet;

(b) April 16 through July 15: $42.00 $33.00 for each sign facing of 200 square feet or less; $57.00 $48.00 for each facing greater than 200 square feet;

(c) July 16 through September 30: $28.00 $22.00 for each sign facing of 200 square feet or less; $38.00 $32.00 for each facing greater than 200 square feet;

(d) October 1 through January 15: $70.00 $55.00 for each sign facing of 200 square feet or less; $95.00 $80.00 for each facing greater than 200 square feet.

(4) All payment instruments must be made out to the Department of Transportation. Payment of fees may be made by cash, postal money order, bank draft, cashier’s check, or a personal or business check. In the event a payment document is not honored for any reason by the bank on which it is drawn, a service fee of $15.00 or five percent of the amount payable, whichever is greater will be assessed. If an individual or company issues two checks to the Department which are not honored, no further personal or business checks will be accepted regardless of whether restitution has been made on previous checks.

Specific Authority 334.044(2), 479.02(7), 479.07(3)(c) FS. Law Implemented 215.34, 479.04, 479.07 FS. History–New 1-25-04,          Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: John Garner, Director, Office of Right of Way
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: William F. Thorp, Interim Assistant Secretary for Finance and Administration, for Stephanie C. Kopelousos, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 27, 2008