14-10.0011: General Provisions
14-10.0022: Outdoor Advertising Sign Inventory
14-10.003: Licenses
14-10.004: Permits
14-10.0041: Annual Renewal Billing - Licenses and Permits
14-10.0042: Denial or Revocation of Licenses or Permits
14-10.0052: Zoning Enacted Primarily to Permit Outdoor Advertising Signs
14-10.006: Additional Permitting Criteria
PURPOSE AND EFFECT: Rule Chapter 14-10, F.A.C., is being amended to repeal Rule 14-10.0042, F.A.C., update existing language, and clarify the requirements for obtaining and maintaining outdoor advertising sign permits.
SUBJECT AREA TO BE ADDRESSED: Amendments to Rule Chapter 14-10, F.A.C., pertain to outdoor advertising sign permit regulations.
SPECIFIC AUTHORITY: 334.044(2), 479.02 FS.
LAW IMPLEMENTED: 215.34, 334.044(28), 339.05, 479.02, 479.04, 479.05, 479.07, 479.08, 479.106, 479.111, 479.24 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
14-10.0011 General Provisions.
(1) Definitions. All terms in this rule chapter shall have the same meanings as those defined in Section 479.01, F.S. Additionally, the following terms are defined:
(a) “Applicant” means the person or entity seeking permission for an outdoor advertising sign under this rule chapter. “Address of Record” means the mailing address submitted by the licensee or permittee with the initial application for license, the first permit applied for, the transfer affidavit when a permit is transferred to a new permit holder, or the amended address if amended pursuant to paragraph (2)(c), below.
(b) “Charitable Organizations” means those institutions defined by Section 212.08(7)(o)2.b., F.S.
(b)(c) “Completed Sign,” for purposes of Section 479.07(5)(a), F.S., means an erected sign structure with attached facing and a posted message.
(c)(d) “Crown” means the highest point of elevation on the road pavement of the main traveled way immediately adjacent to the outdoor advertising sign.
(d)(e) “Embellishment” means a temporary extension of a the sign face which contains a portion of the message or informative contents, and which is added, modified, or removed when the message is changed.
(e)(f) “Height Above Ground Level (HAGL)” means the distance between the ground and the bottom of the sign face, excluding any border and trim, as measured from the point on the sign facing closest to the main-traveled way.
(f)(g) “Location or site” means the specific place or position of a proposed or existing sign. Location is generally identified by specifying a milepost on which is fixed reference to the Roadway Characteristics Inventory (RCI) system together with an offset distance from the edge of the pavement or the right of way line, by specifying reference to the State Plane Coordinates system, or by specifying the reference to latitude and longitude.
(g)(h) “Permitted Sign” means a sign, whether erected or not, for which an Outdoor Advertising Permit, Form 575-070-30, Rev. 07/01, incorporated herein by reference, has been issued, which permit has not been revoked, canceled, or declared void. Form 575-070-030 may be obtained from the State Outdoor Advertising and Permit Office, Florida Department of Transportation, 605 Suwannee Street, Mail Station 22, Tallahassee, Florida 32399-0450.
(h)(i) “Public or Court Officer Official” means as defined in Section 112.3173, F.S. for purposes of Section 479.16(4), Florida Statutes, shall means a person holding a position created by the Constitution or Legislature, or authorized by the Governor.
(i)(j) “Rest Area” means a publicly owned, controlled, and designated place for emergency stops, relaxation, and recreation, including with sanitary and other facilities within or adjacent to the highway right of way., reasonably necessary to accommodate the traveling public.
(j)(k) “Sign Structure Height” means the total vertical distance from the crown of the main-traveled way to the top of the highest sign face, including any border or trim, excluding but not including embellishments.
(l) “Working Day” means each regular period when Department offices are open for official business.
(2) Names and Addresses.
(a) For consideration of a license or permit under this rule chapter, completed forms must be sent to:
Outdoor Advertising License and Permit Office
Florida Department of Transportation
605 Suwannee Street, MS 22
Tallahassee, Florida 32399-0450
Forms referenced in this rule may be obtained at the above address or at the website: dot.state.fl.us/right-of-way.
(b)(a) Licenses and permits may only be issued in the current legal name or registered fictitious name of the applicant licensee or permittee, whether an individual, business, or corporation. Any notice issued by the Department to a fictitious name filed with the Department shall have the same effect as if issued in the legal name of the permittee or licensee.
(c)(b) Aall The Address of Record shall be considered the official address for correspondence from the Department to the licensee or permittee including. Such correspondence may include billing, notices of violation, or other information provided or issued by the Department will be sent to the address provided on the application, unless the licensee or permittee has updated the information in accordance with paragraph (d) below.
(d)(c) A licensee or permittee shall notify the Department, in writing, within 30 calendar days of any change in address. This notification shall include:
1. The date the change of name or address becomes effective;
2. The account name as listed on the Department billing;
3. The (typed or printed) name of the individual authorized to sign the notice; and
4. The authorized signature.
(e)(d) Notices or any other correspondence issued by the Department to the address addresses on file prior to receipt of such written notification of an address change are valid and shall be considered received by the licensee or permittee.
(f)(e) License Applications, Permit Applications, Replacement Requests, Transfer Requests, and Cancellation Certifications must contain a statement by the signatory that he/she is the authorized representative and has the authority to sign for the applicant.
Rulemaking Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 334.044(28), 479.02 FS. History–New 6-28-98, Amended 8-19-01,________.
14-10.0022 Outdoor Advertising Sign Inventory.
Pursuant to Section 479.02(8), F.S. Florida Statutes, the Department shall update its outdoor advertising database inventory information for all permitted signs no less than every two years. This inventory shall provide, as a minimum, the following current information derived from field review and historical information contained in the Department’s files:
(1) Location of the sign;
(2) Original permit issue date;
(3) Date the sign was erected;
(4) Height, width and square footage of each sign facing;
(5) Number and type of support structures used;
(6) Height above ground level of the sign facing;
(7) Sign structure height;
(8) Whether the sign is lighted or not lighted;
(9) Whether the sign is in conformance with local land use requirements;
(10) Whether the sign is in an urban area;
(11) Whether the sign is in an incorporated area;
(12) Status of the sign, whether conforming, nonconforming, or illegal;
(13) Permittee’s name and address;
(14) Permit number(s), current and previous, assigned to the sign facing;
(15) Status of the permit, whether active or canceled, revoked, expired, or void; and
(16) Date the sign was removed, when applicable.
Changes made to the Department’s previous inventory records to reflect physical characteristics of a sign or sign facing existing at the time of an inventory update shall not create a waiver or constitute forgiveness of any violation of the provisions of Chapter 479, F.S.
Rulemaking Specific Authority 334.044(2), 479.02(7), (8) FS. Law Implemented 339.05, 479.01, 479.02, 479.03, 479.07(9) FS. History– New 6-28-98, Amended________.
14-10.003 Licenses.
(1) Outdoor Advertising License Required. A person or entity is considered to be in the business of outdoor advertising and is required to have an outdoor advertising license if that person or entity receives compensation from constructing, erecting, operating, using, maintaining, leasing, or selling outdoor advertising structures, outdoor advertising signs, or outdoor advertisements. Persons or entities solely advertising their own businesses and general contractors who construct signs under contract to outdoor advertising licensees or permittees, are exempt from the licensing requirement.
(2) Application Form. An application for a license to engage in the business of outdoor advertising shall be made on an Outdoor Advertising License Application, Form 575-070-02, Rev. 10/06, incorporated herein by reference. Form 575-070-02 may be obtained from the State Outdoor Advertising License and Permit Office, Florida Department of Transportation, 605 Suwannee Street, Mail Station 22, Tallahassee, Florida 32399-0450.
Rulemaking Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 120.60, 215.34(2), 334.044(28), 339.05, 479.02, 479.04, 479.05, 479.07 FS. History–New 3-28-76, Amended 4-21-77, 12-10-77, 1-1-86, Formerly 14-10.03, Amended 6-28-98, 8-19-01, 1-25-04, 12-31-06,________.
14-10.004 Permits.
(1) Applications. An application for a new sign permit is made by completing and submitting an Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 08/09 02/09, incorporated herein by reference, to the address listed in subsection 14-10.0011(2)(a) 14-10.003(2), F.A.C. Applications may be obtained from the State Outdoor Advertising License and Permit Office.
(a) A separate application is required for each permit requested (i.e. a back to back sign will require two applications). The applicant shall submit Sseparate payment instruments of for each application is recommended for a new permit, in order to avoid denial of multiple applications should for one application being denied.
(b) Prior to issuing a any permit, the Department will inspect the proposed sign site for to assure compliance with Chapter 479, F.S., and this rule chapter. To ensure that the site being inspected is the same site specified in the application, the applicant shall mark the proposed sign site in such a manner that the markings are visible from the main-traveled way. The markings shall be displayed upon from the time of submission of the application and shall be maintained by the applicant until the Department has approved or denied the application.
(c) The Department will act on permit applications in order of the date completed of receipt of complete applications are received.
1. An application will be considered complete when all items on the application form have been filled in, all required attachments have been received, and the correct permit fees have fee has been submitted. All information provided on the application by the applicant must be certified as being true and correct. Information required on the application from the local zoning official on allowable land use, and from the local government official providing local government approval, must have been issued within six months of the Department’s receipt of the application.
2. Applications containing incorrect information will be denied.
3. Incomplete permit applications will be returned to the applicant along with any permit fees which were submitted with the application.
4. Completion of, or corrections to, the original submitted document must be initialed by the applicant on the original application.
5. The written statement from the landowner required by Section 479.07(3)(b), F.S., must have been issued to the applicant, or on behalf of the applicant. If a lease document is submitted as the statement from the landowner, the applicant must be the named lessee, or the document must be accompanied by a properly executed transfer of the leasehold rights to the applicant. The written statement must:
a. Identify the property on which the sign is to be located;
b. Indicate that the person authorizing placement of the sign on the property is the owner or the person in lawful control of the property. If the person authorizing placement of the sign is not the owner of the property, the legal status which gives him or her lawful control of the property must be indicated;
c. Grant the permission to or on behalf of the applicant; and
d. Authorize placement of the sign on the subject property.
(2)(d) Application status. Complete applications will be either approved or denied within 30 calendar days of receipt by the Department, unless an earlier application for that site or a competing site is under review, or the applicant is seeking a vegetation management permit, or a conflicting sign removal is pending application falls within paragraph (g) or (h), below.
(a) A If denied, the application will remain in a pending status until the time to request an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. below Rule 14-10.002, F.A.C., has elapsed. If a hearing is requested, the application shall remain in a pending status until a final order has been issued and the time to request an appeal of the of a final order has elapsed. If an appeal is taken, the application will remain in a pending status until the mandate is issued by the appellate court. Subsequent applications for conflicting competing sites shall be held without action until the pending status of the earlier application is resolved.
(b)(e) If an application is approved, all subsequently received applications for conflicting competing sites shall be denied.
(f) For purposes of paragraph (c), above, when a valid permit is being conditionally canceled pursuant to 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. 02/09, must be submitted simultaneously to the Department. Form 575-070-12 may be obtained from the address listed in 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.
(c)(g) When a permit application is received for a new sign site where requiring vegetation management is required pursuant to Section 479.106, F.S., the permit application will not be considered complete until the applicant has been issued a vegetation management permit by the Department in accordance with Rule 14-40.030, F.A.C., and has removed two nonconforming signs, which the Department has approved as meeting the requirements of Section 479.106(5), F.S. A permit shall not be issued to an applicant for a location at which unpermitted cutting, removal, or trimming of vegetation has occurred until such time as payment of the administrative penalty and mitigation as required by Rule 14-40.030, F.A.C. and Section 479.106(7), F.S., respectively, have been accomplished and the applicant has surrendered two nonconforming signs for surrender in accordance with Section 479.106(5), F.S. If a permit is granted where the applicant has stated that no cutting, removal, or trimming of vegetation is required to create a view zone for the sign, the permittee may only maintain the view existing at the time the sign permit is issued.
(d)(h) Applications for permits at for locations which conflict with spacing requirements relating to the location of an expired or canceled permit will not be processed until the sign for which the expired or canceled permit was issued is removed, except for unless a permit is being canceled as a condition for issuance of a new permit.
(i) A permit shall not be issued to an applicant for a location at which unpermitted cutting, removal, or trimming of vegetation has occurred until such time as payment of the administrative penalty and mitigation required by Rule 14-40.030, F.A.C., and Section 479.106(7), F.S., have been accomplished and the applicant has identified two nonconforming signs for surrender in accordance with Section 479.106(5), F.S.
(3)(2) Changeable messages – A permit shall be granted for an automatic changeable facing provided:
(a) The static display time for each message is at least a minimum of six seconds;
(b) The time to completely change from one message to the next is a maximum of two seconds;
(c) The change of message occurs simultaneously for the entire sign face; and
(d) The application meets all other permitting requirements.
(e) All signs with changeable messages Any such sign shall contain a default design that will ensure no flashing or intermittent message is displayed should hold the face of the sign in one position if a malfunction occurs.
(4)(3) Changes to Roadway Designations.
(a) A 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 subsequently 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:
1.(a) The Department shall conduct an inventory of outdoor advertising signs on the highway section subject to jurisdictional change and, within 60 calendar days of the effective date of the proposed change, advise all affected sign owners and local governments that the change is being considered, the regulatory effect of the change, and when the change may become effective.
2.(b) Upon approval of the jurisdictional change, the Department will provide a second notice to sign owners and local governments advising that the change in jurisdiction has become effective and that sign owners have 30 calendar days from receipt of the second notice to submit an application for a sign permit.
3.(c) When the Department is unable to provide the advance notice referenced in paragraph (a), above, the Department shall attempt to will advise the affected sign owners that they have 90 calendar days, from receipt of the notice, that the change in jurisdiction has become effective and to submit an application for a sign permit.
4.(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. 02/09, 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.
(b)(4) When a change in the designation of a highway removes that highway from the Department’s regulatory jurisdiction, a notice will be provided to all permittees owners of outdoor advertising permits on the affected roadway informing them their sign is no longer subject to the Department’s jurisdiction and their permit will not be renewed is cancelled. The notice will advise permit holders of the Department’s intent to revoke the permits, and will include a statement of the recipient’s right to appeal the Department’s action.
(c)(5) When a controlled road or any portion of a controlled road is designated as a scenic highway or scenic byway pursuant to Section 335.093, F.S., new permits will not be issued for outdoor advertising signs visible from the portion of the highway designated as a scenic highway or byway.
(5)(6) Posting of Tags. The permanent metal permit tag issued by the Department must be posted by the permittee at the sign site within 30 calendar days of issuance, and must remain in place at all times, whether or not a sign has been erected, or a previously erected sign has been removed. If a permit tag is lost, stolen, or destroyed, the permittee must apply to the Department for a replacement tag on Outdoor Advertising Permit Tag Replacement Request, Form 575-070-01, Rev. 06/09 10/06, incorporated herein by reference, and shall include a replacement fee of $12.00 3.00 per tag. Alternatively, the permittee may provide its own replacement tags pursuant to Section 479.07(5)(b), F.S., provided all of the fabrication specifications listed below are met. Form 575-070-01 may be obtained from the address listed in subsection 14-10.003(2), F.A.C.
(a) 6 inch x 12 inch constructed of durable material;
(b) Coated with 5-year white reflective sheeting;
(c) Embossed black text as follows:
1. The left vertical edge of the tag shall read FLA SIGN PERMIT in 5/8 inch characters;
2. The top horizontal alpha characters shall be embossed toward the FLA text and will be in 2 and 15/16 inch characters;
3. The vertical legend of three numbers located under the alpha characters shall be 2 and 15/16 inch characters.
(d) The letters and numbers of the replacement tag must be identical to the tag being replaced.
(e) When a permittee elects to provide its own tag, the permittee shall notify the Department that they will replace the tag within 30 days of notification that the tag is not properly displayed. The new tag shall be posted at the permitted location within 60 days of the department’s notification.
(6)(7) Transfer of Permits. Requests Authorization to transfer a permit in accordance with Section 479.07(6), F.S., shall be submitted on an Outdoor Advertising Permit Transfer Request, Form 575-070-25, Rev. 10/06, incorporated herein by reference., to the State Outdoor Advertising License and Permit Office at the address listed in subsection 14-10.003(2), F.A.C. The request shall be made in accordance with Section 479.07(6), F.S. Form 575-070-25 may be obtained from the address listed in subsection 14-10.003(2), F.A.C.
(a) The recipient of the transferred permit transferee shall certify that written permission of the landowner, or other person in lawful control of the sign site, to maintain the sign on the site in accordance with Section 479.07(2), F.S., has been secured.
(b) If the transferee and transferor are on different billing cycles, Transfer requests will not be processed without payment of permit fees in the amount necessary to prevent permit expiration, if the transferee and transferor are on different billing cycles.
(b)(c) If a transfer of permit is made when the permit has been determined to be is in violation of Chapter 479, F.S., or in violation of this rule chapter, or if a revocation proceeding is pending, the permit is subject to conditions existing at the time of transfer. The Department’s approval of a permit transfer shall not constitute waiver of rights on the part of the Department, nor shall a permit transfer in any way prohibit the issuance of notices of violation or preclude the Department from revoking the transferee’s permit in accordance with Section 479.08, F.S., or this Rule Chapter.
(c)(d) The 270 days from permit issuance to erect a completed sign shall not be extended when the permit is transferred. If a transfer of permit is made during the initial 270 days from the date of permit issuance, the permit transferee receives the permit subject to all conditions which were applicable to the original applicant.
(7)(8) Cancellation of Permits. Permit cancellation notification must be submitted to the State Outdoor Advertising License and Permit Office at the address listed in subsection 14-10.003(2), F.A.C., on Outdoor Advertising Permit Cancellation Certification, Form 575-070-12, Rev. 10/06, incorporated herein by reference. All canceled tags must be returned to the Department with the certification, or otherwise be accounted for in writing. Pursuant to Section 479.07(8)(b), F.S., if the sign has not been removed by the former permittee, it shall be removed by the Department and the cost assessed against the former permittee.
(8)(9) Conditional Permit Cancellation. In instances Wwhere an applicant requests cancellation of one permit in order to obtain a new permit, the existing permit shall be canceled simultaneously with the issuance of the new permit. 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. 02/09, shall must be submitted simultaneously to the Department. If a new permit does not meet current permitting requirements and cannot be issued, the existing permit will not be canceled.
(9)(10) Permits Canceled, or Not Renewed, in Error – Petition for Reinstatement. Pursuant to Section 479.07(8)(b), F.S., a petition for reinstatement of permits canceled, or not renewed, in error by the permittee shall be submitted to the State Outdoor Advertising License and Permit Office at the address listed in subsection 14-10.003(2), F.A.C. The petition must be in writing, must list the affected permit(s), and shall must certify that:
(a) The permit was canceled, or not renewed, in error by the permittee;
(b) The permit tag for the canceled or expired permit was returned to the Department or otherwise accounted for;
(c) The sign has not been disassembled; and
(d) The local government has not declared the sign illegal or taken any other action to have it removed.
If the Reinstatement Petition is denied by the Department, a new permit may be issued for a sign only if the sign meets all current permitting requirements. The reinstatement fee is $200.00 for a sign facing of 200 square feet or less, and $300.00 for a sign facing greater than 200 square feet.
(11) Pursuant to the criteria set forth in Section 479.105(1)(e), F.S., the Department may issue a permit for an unpermitted sign, which has been structurally unchanged and continuously maintained for a period of seven or more years.
(10)(12) Reestablishment. Where the expansion or relocation of a transportation facility causes a sign to be located in the right of way, or within fifteen feet of the right of way, and the permittee permit holder desires to reestablish relocate the sign at to a conforming location perpendicular to the roadway from the site of the existing sign, the Department shall allow the reestablishment relocation of the permitted sign in conformance with the following:
(a) The permittee permit holder must submit a completed application for the reestablished relocated sign site in accordance with Section 479.07(3), F.S.
(b) The reestablished sign site shall meet must determine that the relocated sign site is in conformance with all current requirements for permitting.
(11) Relocation. Where a Department project causes a nonconforming sign to be located in the right of way, the Department shall allow the relocation of the sign provided all the requirements of Section 479.15(3), (4), (5), (6), F.S., are met. The relocated sign must be of the same materials, size, and configuration as the original.
Rulemaking 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, 1210-77, 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, 4-2-09,________.
14-10.0041 Annual Renewal Billing – Licenses and Permits.
(1) All licenses and permits expire annually and shall be renewed in accordance with Section 479.07(8), F.S. Florida Statutes.
(2) Annual renewal of a license shall must include the annual license fee, and the fees for all permits being renewed by the that licensee. Acceptance by the Department of renewal fees for a permit against which a violation notice has been issued, or which may be issued, shall not constitute waiver by the Department of any right to pursue remedies for the violation.
(a) Any of the following shall result in the return of submitted fees to the applicant, and shall constitute nonpayment:
1. Payment of renewal fees for any amount less than the amount shown as due on the Department’s billing statement (or its adjusted billing statement prepared in response to a timely notice from the permittee of corrections, additions, or deletions). When an overpayment of renewal fees is submitted, the Department shall accept the fees due amount as shown on the billing statement (or the adjusted billing statement), and provide for the issuance of a refund to the payor in the amount of the overpayment. Acceptance of payment in an amount greater than the amount due shall not constitute acceptance of renewal fees for permits which have been declared invalid.
2. Failure to return or provide an accounting for the nonrenewed permit tags on the Cancellation Certification.
3. Failure to submit affidavits and transfer fees for any permits being transferred.
(b) Payment for permits being transferred at the time of permit renewal shall be submitted with the permit renewal payment, but must be in a separate payment instrument.
Rulemaking Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 479.02, 479.07 FS. History–New 6-28-98, Amended 8-19-01,________.
14-10.0042 Denial or Revocation of Licenses or Permits.
(1) If the Department intends to deny an application for a license or permit, deny reinstatement of a permit cancelled or not renewed in error, or intends to revoke a license or permit, the Department shall provide, by certified mail, return receipt requested, or by personal delivery with receipt, notice of the facts which warrant the such action. The written notice shall contain:
(a) The particular facts or bases for the Department’s action;
(b) The statute or rule relied upon;
(c) A statement that the applicant, licensee, or permittee has the right to an administrative hearing pursuant to Section 120.57, F.S. Florida Statutes.
(d) A statement that the Department’s action shall become conclusive and the final agency action and that the permit or license shall will be denied or revoked if no request for a hearing is filed within 30 calendar days of receipt of the notice of the Department’s intended action.
(2) If a licensee fails to renew its license, or its license is revoked, any permits owned by the licensee shall become subject to revocation, pursuant to Section 479.08, F.S. Florida Statutes.
(3) Requests for Administrative Hearings.
(a) All requests for administrative hearings shall be made in writing and shall be filed with the Clerk of Agency Proceedings, Florida Department of Transportation, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458. Requests for hearing filed in response to notices issued pursuant to Sections 479.08 479.07(8)(a), 479.105(1), or 479.107(1), Florida Statutes, must be filed within 30 calendar days of receipt of the notice of the Department’s action. Any request for hearing filed in response to a notice issued pursuant to Sections 479.07(8)(a), 479.105(1), or 479.107(1), F.S., must be filed within 30 calendar days of the date of the notice of the Department’s action. A request for hearing is filed when it is received by the Clerk of Agency Proceedings. A request for hearing is not timely filed unless it is received by the Clerk of Agency Proceedings within the specified time.
(b) A request for hearing shall conform to the requirements of Rule 28-106.201 or 28-106.301, F.A.C. If the sign owner, applicant, licensee, or permittee fails to file a timely request for a hearing, the Department’s action shall become conclusive and final agency action.
Rulemaking Specific Authority 334.044(2), 479.02 FS. Law Implemented 120.60, 479.05, 479.08 FS. History–New 6-28-98, Amended________.
(Substantial rewording of Rule 14-10.0052 follows. See Florida Administrative Code for present text.)
14-10.0052 Zoning Enacted Primarily to Permit outdoor Advertising Signs.
(1) A permit for a sign will only be issued if the property on which the sign is located or planned to be located, allows for commercial or industrial use under both the Future Land Use Map (FLUM) and the Land Development Regulations (LDRs). For purposes of this rule, the following terms apply:
(a) “Commercial use” means activities associated with the sale, rental or distribution of products or the performance of services for compensation, excluding the uses listed in Section 479.01(23)(b), F.S. and paragraph (3)(c), herein.
(b) “Industrial use” means activities associated with the manufacturing, assembly, processing, or storage of products, excluding the uses listed in Section 479.01(23)(b) and subsection (3)(c).
(c) “Primary uses” means those activities that are allowed within a zoning category without a variance, waiver, or other special exception.
(d) “Zoning category” means the designation under the LDR or other similarly enacted ordinance that provides the allowable uses, restrictions, and limitations on use, applicable to the properties within the category.
(2) No outdoor advertising permits shall be granted for signs on properties where the FLUM excludes all commercial uses and industrial uses as primary uses.
(3) If the FLUM allows for commercial or industrial uses as primary uses, either exclusively or in addition to other uses, the Department will examine the current zoning category to determine whether the sign’s proposed location is commercial or industrial in nature.
(a) If the primary uses allowed under the zoning category are exclusively commercial or industrial uses, the property will be considered commercially or industrially zoned.
(b) If the primary uses allowed under the zoning category exclude commercial or industrial uses, the property will not be considered commercially or industrially zoned.
(c) If no zoning is in effect, or if the primary uses allowed under the zoning category allow for some commercial or industrial uses in addition to other uses, the property shall be evaluated in accordance with the criteria set forth in Section 479.01(23), F.S., to determine if the property can be considered an unzoned commercial or industrial area. In addition to the activities listed in Section 479.01(23), F.S., the following uses shall not be considered commercial or industrial for purposes of this rule chapter:
1. Infrastructure, to mean the man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.
2. Activities that are proposed but not in operation.
3. Other activities that do not include the sale, rental, distribution, manufacturing, assembly, processing, or storage of products, or the performance of services for profit.
(4) Where properties are subject to zoning which is time-limited or the zoning is granted subject to the completion of a specified condition, the Department shall consider only the underlying permanent zoning category in determining whether the property is zoned for commercial or industrial uses.
(5) Zoning enacted primarily to permit signs, or spot zoning, is not recognized as commercial or industrial zoning for the purpose of permitting outdoor advertising signs. The Department will examine the following factors to determine if the property was zoned primarily to permit signs:
(a) Whether the uses allowed under the zoning category provide only limited commercial or industrial uses incident to other primary land uses.
(b) Whether the size of the property would be sufficient, given set back requirements and parking needs, to conduct the primary commercial or industrial use, other than signs allowed under the zoning category.
(c) Whether there is public access to the property sufficient for commercial vehicles.
(d) Whether the property is located contiguous to other properties zoned for commercial or industrial activities.
(e) Whether the public statements and materials received or created in connection with the zoning decision affecting the property, indicate the decision was taken primarily to permit the erection or maintenance of signs.
Rulemaking Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 479.01(3), 479.01(23), 479.02(1)(3)(7), 479.07(10), 479.111 FS. History–New 3-16-04, Amended 5-5-05,________.
14-10.006 Additional Permitting Criteria.
Each application for a an outdoor advertising sign permit shall meet the requirements of Sections 479.07(9) and 479.11, F.S. In addition, each an application must comply with the requirements of the agreement between the State of Florida state and the United States Department of Transportation referenced in Section 479.02(1), F.S., which have not been duplicated in Sections 479.07(9) and 479.11, F.S., or superseded by stricter provisions in those statutes. The requirements are:
(1) Size.
(a) The area of a sign facing shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire sign facing including all embellishments.
(b) The maximum allowable height of for a sign facing is 30 feet.
(c) The maximum allowable length of a sign facing is 60 feet.
(d) The maximum area size limitations shall apply to each sign facing.
(e) Embellishments shall may not extend more than five feet beyond the permanent sign face, and are included in any measurement of the height, width, or area of the sign facing.
(f) Signs containing both on-premise and off-premise advertising shall may not exceed 950 square feet, including all sign faces.
(2) Number of Sign Faces. There shall be no more than two faces showing at one time for to each sign facing showing at one time.
(3) Location. Signs shall may not be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device.
(4) Spacing. The minimum required distance between the location for which a permit is sought and the nearest permitted sign shall be measured along the edge of pavement of the main-traveled way from the location marked by the applicant in accordance with Rule 14-10.004, F.A.C., to the location of the permitted sign. In the case of a permitted sign that has not been constructed, the milepost location reflected on the application shall be used as the location of the permitted sign. Measurement along the edge of pavement shall be based on the point perpendicular to a tangent to the edge of the main-traveled way nearest the location of the sign.
(a) For V-type or back-to-back signs to be counted as one sign for spacing purposes, the sign facings on such signs shall must be connected by the same sign structure or cross-bracing, or the sign structures shall not be must be located not more than 15 feet apart at their nearest point.
(b) Official signs, signs exempt under Section 479.16, F.S., and structures that are not permitted signs shall not be considered for purposes of determining compliance with spacing requirements.
(c) When an intersection is encountered in determining measurements for spacing compliance, the width of such intersection is included in the measured distance. This distance is measured in a direct line from the points of intersection of the edges of the main-traveled ways.
(d) No permit shall be issued for a sign located on, or visible from, any portion of the interstate highway system, which is outside the boundaries of an incorporated municipality, and which is within 500 feet of an interchange, intersection at grade, or rest area. Said 500 feet shall be measured along the interstate in the direction leading away from the interchange, intersection at grade, or rest area, from the beginning at the pavement of payment widening of at the exit from the main-traveled way, or the end of pavement widening of at the entrance to the main-traveled way on an interstate highway. For the purposes of this subsection, all portions of the entrance and exit ramps ramp shall be considered part of an interchange.
(e) When a sign or a proposed sign is, or would be located within the controlled area and visible from any portion of the main-traveled way of more than one highway subject to the jurisdiction of the Department, pursuant to Section 479.07(1), F.S., the sign shall must meet the permitting requirements of and be permitted to, the roadway with the stricter controls both highways. If the sign is visible to more than one roadway with the same level of control, the location must meet the permitting requirements of each roadway.
(5) Sign Structure Height. The height of a sign structure shall be measured from a point on the sign structure which is at the same elevation as the crown of the main-traveled way to the top of the highest sign face, excluding embellishments.
(6) Lighting. Signs may be illuminated except those which contain, include, or are illuminated in any way by any flashing, intermittent, or moving light. Flashing, intermittent, or moving light or lights embodied in a sign may be used to provide public service information. Further, Nno sign shall be so illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal.
(7) For purposes of compliance with Section 479.11(4), F.S., the 100 feet shall be measured from the property line. When, except in cases where a school or church is the applicant for a permit, or has given written permission for the placement of a sign,. In such cases the 100 foot required distance shall be measured from the outer edges of the primary building, or primary building complex when the individual units of the complex are connected by covered walkways.
(8) For applications to be considered under the pilot program defined in Section 479.07(9)(c), F.S., the applicant must submit the following information in addition to the requirements of above Rule 14-10.004, F.A.C.:
(a) A copy of the local government adopted policy, ordinance, or other official document authorizing the placement of a new outdoor advertising sign on an interstate highway in exchange for the removal of an existing sign from areas specifically designated by the local government; and
(b) A copy of the agreement between the local government and the affected sign owner allowing such removal and replacement.
(9)(8) Copies of the agreement between the State of Florida state and the United States Department of Transportation, referenced in Section 479.02(1), F.S., may be obtained from the address listed in subsection 14-10.003(2), F.A.C.
Rulemaking Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.07(9), 479.08, 479.11 FS. History– New 3-28-77, Amended 12-10-77, 1-1-86, Formerly 14-10.06, Amended 12-26-95, 6-28-98, 8-19-01, 12-31-06,________.