Bill Text: FL S1048 | 2014 | Regular Session | Comm Sub
Bill Title: Department of Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1161 (Ch. 2014-215), CS/CS/HB 7005 (Ch. 2014-216), HB 7175 (Ch. 2014-223), CS/CS/CS/SB 218 (Ch. 2014-169) [S1048 Detail]
Download: Florida-2014-S1048-Comm_Sub.html
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 toexempt fromthe requirements of 233 the Highway Beautification Act of 1965 and all federal laws and 234 agreements when applicablechapter 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 whichthose245usesthatare 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 255constructing, 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 land259designated for commercial or industrial uses under both the260future land use map of the comprehensive plan and the land use261development regulations adopted pursuant to chapter 163. If a262parcel is located in an area designated for multiple uses on the263future land use map of a comprehensive plan and the zoning264category of the land development regulations does not clearly265designate that parcel for a specific use, the area will be266considered an unzoned commercial or industrial area if it meets267the 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 towithout271limitation, 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 itdoes not include 286 suchany of the foregoingactivities when performed as incidents 287an incidentto 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 unopenedexisting, unbuilt, or unopened system of highways or296portions thereof, which shall include the National Highway297System, designated as the federal-aid primary highway system by298the 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 servicesrelating thereto. The term 305 includes, but is not limited towithout 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 termItdoes 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. IfWhenthe sign owner is a municipality or 347 county, the term means“premises” shall meanall lands owned or 348 leased by thesuchmunicipality or county within its 349 jurisdictional boundariesas 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,352and 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 thethatdirection 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 athesign, 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. 334.03means the existing, unbuilt, or unopened system of380highways or portions thereof designated as the State Highway381System by the department. 382(26) “Unzoned commercial or industrial area” means a parcel383of land designated by the future land use map of the384comprehensive plan for multiple uses that include commercial or385industrial uses but are not specifically designated for386commercial or industrial uses under the land development387regulations, in which three or more separate and distinct388conforming industrial or commercial activities are located.389(a) These activities must satisfy the following criteria:3901. At least one of the commercial or industrial activities391must be located on the same side of the highway and within 800392feet of the sign location;3932. The commercial or industrial activities must be within394660 feet from the nearest edge of the right-of-way; and3953. The commercial industrial activities must be within3961,600 feet of each other.397 398Distances specified in this paragraph must be measured from the399nearest outer edge of the primary building or primary building400complex when the individual units of the complex are connected401by covered walkways.402(b) Certain activities, including, but not limited to, the403following, may not be so recognized as commercial or industrial404activities:4051. Signs.4062. Agricultural, forestry, ranching, grazing, farming, and407related activities, including, but not limited to, wayside fresh408produce stands.4093. Transient or temporary activities.4104. Activities not visible from the main-traveled way.4115. Activities conducted more than 660 feet from the nearest412edge of the right-of-way.4136. Activities conducted in a building principally used as a414residence.4157. Railroad tracks and minor sidings.4168. Communication towers.417 (25)(27)“Urban area” has the same meaning asdefinedin 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 beis capable of beingseen 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 of446 The department shallto: 447 (1) Administer and enforcethe provisions ofthis chapter, 448andthe 1972 agreement between the state and the United States 449 Department of Transportationrelating to the size,lighting, and450spacing of signs in accordance with Title I of the Highway451Beautification Act of 1965 andTitle 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 signsin effect as of the effective date of this455act. 456 (2) Regulate size, height, lighting, and spacing of signs 457 permitted on commercial and industrial parcels and in unzoned 458 commercial or industrial areasin zoned and unzoned commercial459areas and zoned and unzoned industrial areason the interstate 460 highway system and the federal-aid primary highway system. 461 (3) Determineunzonedcommercial and industrial parcels and 462 unzoned commercial orareas and unzonedindustrial areas in the 463 manner provided in s. 479.024. 464 (4) Implement a specific information panel program on the 465 limited accessinterstatehighway 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 departmentitdeems necessary 478 or proper for the administration of this chapter, including 479 rules thatwhichidentify activities that may not be recognized 480 as industrial or commercial activities for purposes of 481 determination of aan area as an unzonedcommercial 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 assystems. Upon completion of the inventory, it shall488becomethe database and permit information for all permitted 489 signspermitted at the time of completion, and the previous490records of the department shall be amended accordingly. The 491 inventory shall be updated at leastno less thanevery 2 years. 492The department shall adopt rules regarding what information is493to be collected and preserved to implement the purposes of this494chapter.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 499permitholder’sname, 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 includesshall includeall 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 toAfter receiving consent by611 the landowner, operator, or person in charge of an intervening 612 privately owned land thator appropriate inspection warrant613issued by a judge of any county court or circuit court of this614state which has jurisdiction of the place or thing to be615removed, thatthe 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 618shall be authorized toenter upon any intervening privately 619 owned lands for the purposes of effectuating removal of illegal 620 signs., provided thatThe department may enter intervening 621 privately owned landsshallonlydo soin circumstances where it 622 has determined thatnoother 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 625shall beresponsible 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) ANoperson may notshallengage in the business of 634 outdoor advertising in this state without first obtaining a 635 licensethereforfrom 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 areshall bepayable as 638 provided for in s. 479.07. 639 (2) ANoperson is notshall berequired to obtain the 640 license provided for in this section solely to erect or 641 construct outdoor advertising signs or structuresas an642incidental 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 mayhas authority todeny, suspend, or revoke aany647 license requested or granted under this chapter in any case in 648 which it determines that the application for the license 649 containsknowinglyfalse 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 withthe656provisions ofthis 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. AAny660 person aggrieved by ananyaction of the department which 661 denies, suspends, or revokesin denying or revokinga license 662 under this chapter may, within 30 days afterfromthe 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.672334.03(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 she681has first obtained theWritten 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 ain the684application for thepermit. 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 certifyin a notarized signed691statementthat all information provided in the application is 692 true and correctand that, pursuant to subsection (2), he or she693has obtained the written permission of the owner or other person694in lawful possession of the site designated as the location of695the sign in the permit application. EachEverypermit 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, where700local governmental regulation of signs exists,a statement from 701 the appropriate local governmental official indicating that the 702 sign complies with all local governmentgovernmental703 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 710shallnot be greater thanexceed$100. TheA fee may not be711prorated for a period less than the remainder of the permit year712to accommodate short-term publicity features; however, afirst 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 applicationthe721departmentwithin 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 andsign facing or, if there is no facing, on the pole nearest729the highway; anditshall beattached in such a manner as to be 730 plainly visible from the main-traveled way.Effective July 1,7312012, the tag must be securely attached to the upper 50 percent732of the pole nearest the highway and must be attached in such a733manner as to be plainly visible from the main-traveled way.The 734 permitbecomes void unless the permittag must beisproperly 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 becomesbecamevoid. 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 own750replacement tag pursuant to department specifications that the751department shall adopt by rule at the time it establishes the752service 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 beforeprior tothe 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 thatwhichwere issued to 772 him or her beforeprior tothe date of the notice. Such notice 773 mustshalllist the permits and the permit fees due for each 774 sign facing. The permittee shall, no later than 45 days before 775prior tothe expiration date, advise the department of any 776 additions, deletions, or errors contained in the notice. Permit 777 tags thatwhichare not renewed shall be returned to the 778 department for cancellation by the expiration date. Permits that 779whichare 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 doesshallnot affect 786 the nonrenewal of a permit. BeforePrior tocancellation 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 thehis or hersign 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, thehis or herlicense or permit shallwillbe 802 automatically reinstated and such reinstatement iswill be803 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 ofup to$300based on the814size of the signis 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, whetherby the department 824 or an independent contractor,shall be assessed by the 825 department against the permittee. 826 (9)(a) A permit mayshallnot 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 840from the controlled area of more than one highway subject to the841jurisdiction of the department, the sign mustshallmeet the 842 permitting requirements of all highways,and, if the sign meets843the applicable permitting requirements,be permitted to,the 844 highway having the more stringent permitting requirements. 845 (b) A permit mayshallnot 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 is857established a pilot program in Orange, Hillsborough, and Osceola858Counties, and within the boundaries of the City of Miami, under859whichthe 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. 8734. The new or replacement sign to be erected on an874interstate highway within that jurisdiction is to be located on875a parcel of land specifically designated for commercial or876industrial use under both the future land use map of the877comprehensive plan and the land use development regulations878adopted pursuant to chapter 163, and such parcel shall not be879subject to an evaluation in accordance with the criteria set880forth in s. 479.01(26) to determine if the parcel can be881considered an unzoned commercial or industrial area.882 883The department shall maintain statistics tracking the use of the884provisions of this pilot program based on the notifications885received by the department from local governments under this886paragraph.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 thatwhichis not 890 comprehensively enacted or thatwhichis enacted primarily to 891 permit signs mayshallnot be recognized as commercial or 892 industrial zoning for purposes of this provision, and permits 893 mayshallnot be issued for signs in such areas. The department 894 shall adopt rules thatwithin 180 days after this act takes895effect which shallprovide 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 aanypermit requested or granted under this 902 chapter in any case in which it determines that the application 903 for the permit containsknowinglyfalse or misleading 904 information of material consequence. The department may revoke a 905anypermit granted under this chapter in any case in which the 906 permittee has violatedany of the provisions ofthis chapter, 907 unless such permittee, within 30 days after the receipt of 908 notice by the department, complies withthe provisions ofthis 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. AAnyperson 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) AAnysign thatwhichis 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,facea 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. 949However, if the sign bears the name of the licensee or the name950and 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 thatthe sign owner has a957right to requesta hearing may be requested and that the,which958 request must be filed with the department within 30 days after 959 receiptthe dateof 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 thesignowner 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.; and1001 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 the1009department that:10101. The sign has been unpermitted, structurally unchanged,1011and continuously maintained at the same location for a period of10127 years or more;10132. At any time during the period in which the sign has been1014erected, the sign would have met the criteria established in1015this chapter for issuance of a permit;10163. The department has not initiated a notice of violation1017or taken other action to remove the sign during the initial 71018year period described in subparagraph 1.; and10194. The department determines that the sign is not located1020on state right-of-way and is not a safety hazard,1021 1022the sign may be considered a conforming or nonconforming sign1023and may be issued a permit by the department upon application in1024accordance with this chapter and payment of a penalty fee of1025$300 and all pertinent fees required by this chapter, including1026annual permit renewal fees payable since the date of the1027erection 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 underthe provisions ofthis chapter, the department 1031 mayis authorizedtorequire that all work on the sign cease 1032 until the sign owner shows that the sign does not violatethe1033provisions ofthis chapter. The order to cease work shall be 1034 prominently posted on the sign structure, andnofurther notice 1035 is not requiredto be given. The failure of a sign owner or her 1036 or his agents to immediately comply with the order subjects 1037shall subjectthe 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 beforeprior tothe 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, whetherby 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 thatwhichrequires 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 permitfor 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 theshallbe grantedwhere suchtrees are 1067 or the vegetation isarepart of a beautification project 1068 implemented beforeprior tothe date of the original sign permit 1069 application and if, whenthe 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, whetherby the department 1083 or an independent contractor,shall be assessed by the 1084 department against the owner of the sign.Furthermore, the1085department shall assess a fine of $75 against the sign owner for1086any 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 1095whichconform 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) ANozoning board or commission or other public officer 1107 or agency may notshallissue a permit to erect aanysign that 1108whichis prohibited underthe provisions ofthis chapter or the 1109 rules of the department, andnor shallthe department may not 1110 issue a permit for aanysign thatwhichis 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, aanylawfully 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 aanylawfully 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 governmentalgovernmententity 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.As1131used in this subsection, the term “federal-aid primary highway1132system” means the federal-aid primary highway system in1133existence on June 1, 1991, and any highway that was not a part1134of such system as of that date but that is or becomes after June11351, 1991, a part of the National Highway System.This subsection 1136 mayshallnot 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 ofss. 1142 479.07 and 479.155 notwithstanding. Subject to approval by the 1143 Federal Highway Administration, ifwheneverpublic acquisition 1144 of land upon which is situated a lawful permittednonconforming1145 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 ifalongtheroadway within 1001149feet of the current location,provided the nonconformingsign is 1150 not relocated in an area inconsistent with s. 479.024.on a1151parcel zoned residential, and provided further thatSuch 1152 relocation isshall besubject to theapplicable setback1153 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 aany1156 sign under this subsection, andneitherthe state ornorany 1157 local government may notshallreimburse the sign owner for such 1158 costs, unless part of such relocation costs isarerequired by 1159 federal law. Ifnoadjacent property is not available for the 1160 relocation, the department isshall beresponsible for paying 1161 the owner of the sign just compensation for its removal. 1162 (4) For a nonconforming sign,Such relocation shall be1163adjacent to the current site andthe face of the sign mayshall1164 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) IfIn the event thatrelocation 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,provided1172thatthe local government assumesshall assumethe 1173 responsibility to provide the owner of the sign just 1174 compensation for its removal., but in no event shall1175 Compensation paid by the local government may not be greater 1176 thanexceedthe compensation required under state or federal 1177 law.Further, the provisions ofThis section doesshallnot 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 this1181section shall be deemed to cause a nonconforming sign to become1182conforming solely as a result of the relocation allowed in this1183section.1184 (6)The provisions ofSubsections (3), (4), and (5) doof1185this section shallnot apply within the jurisdiction of aany1186 municipality thatwhichis engaged inanylitigation concerning 1187 its sign ordinance on April 23, 1999, and the subsections do not 1188nor shallsuchprovisionsapply to aanymunicipality whose 1189 boundaries are identical to the county within which thesaid1190 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.andThe 1205 municipality or county shall establish and enforce regulations 1206 for such areas whichthat, 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. 131the Highway1209Beautification Act of 1965and with customary use. IfWhenevera 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 1218the Highway Beautification Act of 1965must 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 musts.1225479.01(30)shallnot be considered in determining whether a sign 1226 as defined in s. 479.01(20),eitherexisting 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 underthe provisions ofthis chapter but 1233 are required to comply withthe provisions ofs. 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 whichsignsconsist primarily of the name of the establishment 1240 orwhichidentify 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 1244department rule adopted pursuant tos. 479.11(5), or signs owned 1245 by a municipality or a county located on the premises of such 1246 municipality orsuchcounty which display information regarding 1247 governmentalgovernmentservices, activities, events, or 1248 entertainment. For purposes of this section, the following types 1249 of messages areshallnotbeconsidered information regarding 1250 governmentalgovernmentservices, activities, events, or 1251 entertainment: 1252 (a) Messages thatwhichspecifically reference any 1253 commercial enterprise. 1254 (b) Messages thatwhichreference 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,thenthe 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 thethatreal property, 1273thenit 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 ForestForestry1285 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 statestating1295 only the name of the owner, lessee, or occupant of the premises 1296and not exceeding8square feet in area. 1297 (9) Historical markers erected byduly constituted and1298 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 trespassingthereon. 1303 (12) Signsnot in excessof up to 8 square feet whichthat1304 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 thatSigns 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 fromall provisions ofthis chapter. 1311 (14) Signs relating exclusively to political campaigns. 1312 (15) Signs measuring up tonot in excess of16 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 incorporatedin a ruralarea 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 1318not in excess of16 square feet,denoting only the name of the 1319 business and the distance and direction to the business.The1320small-business-sign provision of this subsection does not apply1321to charter counties and may not be implemented if the Federal1322Government notifies the department that implementation will1323adversely affect the allocation of federal funds to the1324department.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 forremoval ofsigns; eminent domain; 1380 exceptions.— 1381 (1) Just compensation shall be paid by the department upon 1382 the department’s acquisitionremovalof 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 thatwhichis illegal at the time of its removal. A 1386 sign loseswill loseits nonconforming status and becomesbecome1387 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 thatwhichmakes it 1390 nonconforming. A legal nonconforming sign under state law or 1391 rule doeswillnot 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 mayis authorized touse the power of 1403 eminent domain when necessary to carry outthe provisions of1404 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 beforeprior tothe 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 mustshallcomply with the building standards 1425 and wind load requirements providedset forthin 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 constructionprior toerection of the noise1431attenuation barrier. Upon a determination that an increase in 1432 the height of a sign as permitted under this section will 1433 violatea provision contained inan ordinance or a land 1434 development regulation of the local government or local 1435 jurisdiction, the local government or local jurisdiction shall, 1436 before constructionso notify the department. When notice has1437been received from the local government or local jurisdiction1438prior to erection of the noise-attenuation barrier, the1439department shall: 1440 (a) Provide a variance or waiver to the local ordinance or 1441 land development regulations toConduct a written survey of all1442property owners identified as impacted by highway noise and who1443may benefit from the proposed noise-attenuation barrier. The1444written survey shall inform the property owners of the location,1445date, and time of the public hearing described in paragraph (b)1446and shall specifically advise the impacted property owners that:14471. Erection of the noise-attenuation barrier may block the1448visibility of an existing outdoor advertising sign;14492. The local government or local jurisdiction may restrict1450or prohibit increasing the height of the existing outdoor1451advertising sign to make it visible over the barrier; and14523. If a majority of the impacted property owners vote for1453construction of the noise-attenuation barrier, the local1454government or local jurisdiction will be required to:1455a.allow an increase in the height of the signin violation1456of 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 modificationsto the proposed noise-attenuation barrierto 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 mayshallnot be placed in that portion of a newspaper in 1477 which legal notices or classified advertisements appear. The 1478 notice mustshallspecifically 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 signto make it visible over the barrier; 1485 and 1486 (c)3.UponIf a majority of the impacted property owners1487vote forconstruction of the noise-attenuation barrier, the 1488 local government or local jurisdiction shallwill be required1489to: 1490 1.a.Allow an increase in the height of the sign through a 1491 waiver or variance toin violation ofa 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 mayshallnot 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 heldand until such time as the survey has been conducted and a1501majority of the impacted property owners have indicated approval1502to erect the noise-attenuation barrier.When the impacted1503property owners approve of the noise-attenuation barrier1504construction, the department shall notify the local governments1505or local jurisdictions. The local government or local1506jurisdiction shall, notwithstanding the provisions of a1507conflicting ordinance or land development regulation:1508(a) Issue a permit by variance or otherwise for the1509reconstruction of a sign under this section;1510(b) Allow the relocation of a sign, or construction of1511another sign, at an alternative location that is permittable1512under the provisions of this chapter, if the sign owner agrees1513to relocate the sign or construct another sign; or1514(c) Refuse to issue the required permits for reconstruction1515of a sign under this section and pay fair market value of the1516sign and its associated interest in the real property to the1517owner of the sign.1518 (4)(3)This section doesshallnot apply tothe provisions1519ofany 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 accessinterstatehighway 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 rulesin accordance with chapter 120to 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 setting1551forth the minimum requirements thatestablishments that wish 1552must meet in orderto qualify as RV-friendly.These requirements1553shall include large parking spaces, entrances, and exits that1554can easily accommodate recreational vehicles and facilities1555having 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 onlyin rural1563counties identified by criteria and population in s. 288.06561564 when approved and permitted by county or local governmental 1565governmententities within their respective jurisdictional areas 1566at intersections on rural and conventional state, county, or1567municipal roads. A county or local government thatwhichissues 1568 permits for a tourist-oriented directional sign program isshall1569beresponsible 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.