Florida Statute 479.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 479
OUTDOOR ADVERTISING

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479.01 Definitions.—As used in this chapter, the term:

(1) “Allowable uses” means the intended uses identified in a local government’s land development regulations which are authorized within a zoning category as a use by right, without the requirement to obtain a variance or waiver. The term includes conditional uses and those allowed by special exception if such uses are a present and actual use, but does not include uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis.

(2) “Automatic changeable facing” means a facing that is capable of delivering two or more advertising messages through an automated or remotely controlled process.

(3) “Business of outdoor advertising” means the business of operating, maintaining, leasing, or selling outdoor advertising structures, outdoor advertising signs, or outdoor advertisements.

(4) “Commercial use” means activities associated with the sale, rental, or distribution of products or the performance of services. The term includes, but is not limited to, such uses or activities as retail sales; wholesale sales; rentals of equipment, goods, or products; offices; restaurants; food service vendors; sports arenas; theaters; and tourist attractions.

(5) “Controlled area” means 660 feet or less from the nearest edge of the right-of-way of any portion of the State Highway System, interstate, or federal-aid primary highway system and beyond 660 feet of the nearest edge of the right-of-way of any portion of the State Highway System, interstate highway system, or federal-aid primary system outside an urban area.

(6) “Department” means the Department of Transportation.

(7) “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. The term does not include such activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

(8) “Federal-aid primary highway system” means the federal-aid primary highway system in existence on June 1, 1991, and any highway that was not a part of such system as of that date but that is, or became after June 1, 1991, a part of the National Highway System, including portions that have been accepted as part of the National Highway System but are unbuilt or unopened.

(9) “Highway” means any road, street, or other way open or intended to be opened to the public for travel by motor vehicles.

(10) “Industrial use” means activities associated with the manufacture, assembly, processing, or storage of products or the performance of related services. The term includes, but is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites.

(11) “Interstate highway system” means the existing, unbuilt, or unopened system of highways or portions thereof designated as the national system of interstate and defense highways by the department.

(12) “Main-traveled way” means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. The term does not include such facilities as frontage roads, turning roadways which specifically include on-ramps or off-ramps to the interstate highway system, or parking areas.

(13) “Maintain” means to allow to exist.

(14) “Motorist services directional signs” means signs providing directional information about goods and services in the interest of the traveling public where such signs were lawfully erected and in existence on or before May 6, 1976, and continue to provide directional information to goods and services in a defined area.

(15) “New highway” means the construction of any road, paved or unpaved, where no road previously existed or the act of paving any previously unpaved road.

(16) “Nonconforming sign” means a sign which was lawfully erected but which does not comply with the land use, setback, size, spacing, and lighting provisions of state or local law, rule, regulation, or ordinance passed at a later date or a sign which was lawfully erected but which later fails to comply with state or local law, rule, regulation, or ordinance due to changed conditions.

(17) “Premises” means all the land areas under ownership or lease arrangement to the sign owner which are contiguous to the business conducted on the land except for instances where such land is a narrow strip contiguous to the advertised activity or is connected by such narrow strip, the only viable use of such land is to erect or maintain an advertising sign. If the sign owner is a municipality or county, the term means all lands owned or leased by the municipality or county within its jurisdictional boundaries.

(18) “Remove” means to disassemble all sign materials above ground level and transport such materials from the site.

(19) “Sign” means any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form, whether placed individually or on a V-type, back-to-back, side-to-side, stacked, or double-faced display or automatic changeable facing, designed, intended, or used to advertise or inform, any part of the advertising message or informative contents of which is visible from any place on the main-traveled way. The term does not include an official traffic control sign, official marker, or specific information panel erected, caused to be erected, or approved by the department.

(20) “Sign direction” means the direction from which the message or informative contents are most visible to oncoming traffic on the main-traveled way.

(21) “Sign face” means the part of a sign, including trim and background, which contains the message or informative contents, including an automatic changeable face.

(22) “Sign facing” includes all sign faces and automatic changeable faces displayed at the same location and facing the same direction.

(23) “Sign structure” means all the interrelated parts and material, such as beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a message or informative contents.

(24) “State Highway System” has the same meaning as provided in s. 334.03.

(25) “Urban area” has the same meaning as provided in s. 334.03.

(26) “Visible commercial or industrial activity” means a commercial or industrial activity that is capable of being seen without visual aid by a person of normal visual acuity from the main-traveled way and that is generally recognizable as commercial or industrial.

(27) “Visible sign” means that the advertising message or informative contents of a sign, whether or not legible, can be seen without visual aid by a person of normal visual acuity.

(28) “Wall mural” means a sign that is a painting or an artistic work composed of photographs or arrangements of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similarly flexible material that is held in place flush or flat against the surface of the building. The term excludes a painting or work placed on a structure that is erected for the sole or primary purpose of signage.

(29) “Zoning category” means the designation under the land development regulations or other similar ordinance enacted to regulate the use of land as provided in s. 163.3202(2)(b), which designation sets forth the allowable uses, restrictions, and limitations on use applicable to properties within the category.

History.—s. 1, ch. 20446, 1941; s. 1, ch. 65-397; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 175, ch. 71-377; s. 1, ch. 71-971; s. 1, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 1, ch. 78-8; ss. 2, 3, ch. 81-318; ss. 1, 25, 26, ch. 84-227; s. 6, ch. 90-136; s. 67, ch. 91-220; s. 4, ch. 91-429; ss. 6, 50, ch. 93-164; s. 32, ch. 94-237; ss. 37, 120, ch. 99-385; s. 28, ch. 2000-266; s. 61, ch. 2007-196; s. 21, ch. 2009-85; s. 38, ch. 2010-225; s. 38, ch. 2011-4; s. 94, ch. 2012-174; s. 3, ch. 2014-215; s. 24, ch. 2014-223.

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Amendments to 479.01

Annotations, Discussions, Cases:

Cases Citing Statute 479.01

Total Results: 26

REPUBLIC MEDIA v. Department of Transp.

714 So. 2d 1203, 1998 Fla. App. LEXIS 9871, 1998 WL 453856

District Court of Appeal of Florida | Filed: Aug 7, 1998 | Docket: 1513775

Cited 7 times | Published

a sign based on the definition of a sign by section 479.01(17), which provides: [A]ny combination of structure

Hancock Advertising v. Dept. of Transp.

549 So. 2d 1086, 14 Fla. L. Weekly 2285, 1989 Fla. App. LEXIS 5309, 1989 WL 110924

District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 1719626

Cited 7 times | Published

the interstate highway system as defined in Section 479.01(7), Florida Statutes. 3. No State outdoor advertising

Henderson Signs v. Fla. Dept. of Transp.

397 So. 2d 769, 1981 Fla. App. LEXIS 19667

District Court of Appeal of Florida | Filed: May 4, 1981 | Docket: 1357103

Cited 7 times | Published

Section 479.11.[1] The term highway is defined in Section 479.01(4): "`highway' means every way or place of

Tri-State System v. Deppartment of Transportation

491 So. 2d 1192, 11 Fla. L. Weekly 1548

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 1721936

Cited 5 times | Published

commercial areas. The latter is defined by Section 479.01(10) as "an area within 660 feet of the nearest

Food'N Fun, Inc. v. Department of Transp.

493 So. 2d 23, 11 Fla. L. Weekly 1654, 1986 Fla. App. LEXIS 9028

District Court of Appeal of Florida | Filed: Jul 28, 1986 | Docket: 1247239

Cited 4 times | Published

Statutes. At the time these permits were issued, Section 479.01(10) provided that an unzoned commercial area

BILL SALTER OUTDOOR v. Department of Transp.

492 So. 2d 408, 11 Fla. L. Weekly 1469, 1986 Fla. App. LEXIS 8655

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 478172

Cited 4 times | Published

commercial or industrial area as delineated by section 479.01, Florida Statutes, contrary to the representations

BILL SALTER ADVERTISING, INC. v. Department of Transportation

974 So. 2d 548, 2008 Fla. App. LEXIS 1959, 2008 WL 373617

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1367588

Cited 3 times | Published

LEWIS, JJ., concur. NOTES [1] Pursuant to section 479.01(14), Florida Statutes (2005), a "nonconforming

T & L MANAGEMENT v. Dept. of Transp.

497 So. 2d 685, 11 Fla. L. Weekly 2279

District Court of Appeal of Florida | Filed: Oct 29, 1986 | Docket: 1242856

Cited 3 times | Published

cannot be considered unzoned commercial under Section 479.01(10)(f), Florida Statutes (1983), which excludes

Chancellor Media Whiteco Outdoor v. DEPT. OF TRANS.

795 So. 2d 991

District Court of Appeal of Florida | Filed: Jul 30, 2001 | Docket: 1252032

Cited 2 times | Published

regulation or ordinance due to changed conditions. § 479.01(14), Fla. Stat. (1997); accord 23 C.F.R. s. 750

MAVERICK MEDIA GROUP v. Dept. of Transp.

791 So. 2d 491, 2001 Fla. App. LEXIS 8774, 2001 WL 708801

District Court of Appeal of Florida | Filed: Jun 26, 2001 | Docket: 1229121

Cited 2 times | Published

the provision which makes it nonconforming."); § 479.01(14), Fla. Stat. (1999)(a "nonconforming sign"

McDonald's Corp. v. Dept. of Transp.

535 So. 2d 323, 13 Fla. L. Weekly 2663, 1988 Fla. App. LEXIS 5405, 1988 WL 130475

District Court of Appeal of Florida | Filed: Dec 9, 1988 | Docket: 1305865

Cited 2 times | Published

the sign is not exempt under this subsection. Section 479.01 (13) defines "premises" as: "Premises" means

Tri-State Systems v. Dept. of Transp.

492 So. 2d 1164, 11 Fla. L. Weekly 1757, 1986 Fla. App. LEXIS 9260

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 478279

Cited 2 times | Published

principally used as a residence" (e.s.) in section 479.01(10)(f), Florida Statutes. The orders here contain

Henderson Sign Service v. Dept. of Transp.

390 So. 2d 159

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 1750252

Cited 2 times | Published

interstate and federal-aid primary systems. [2] Section 479.01(13) defines interstate highway as "any highway

White Adver. International v. Fla. Dept. of Transp.

364 So. 2d 104

District Court of Appeal of Florida | Filed: Nov 15, 1978 | Docket: 461969

Cited 2 times | Published

right-of-way ... of the interstate system ..." Section 479.01(12) defines "erect" as follows: [T]o construct

Tri-State Systems, Inc. v. Dept. of Transp.

500 So. 2d 182, 11 Fla. L. Weekly 1946, 1986 Fla. App. LEXIS 9627

District Court of Appeal of Florida | Filed: Sep 11, 1986 | Docket: 1295225

Cited 1 times | Published

nearest edge of the right-of-way... . [3] Section 479.01(20)(d), Florida Statutes (1983), states that

CBS Outdoor Inc. v. Florida Department of Transportation

124 So. 3d 383, 2013 WL 5744443, 2013 Fla. App. LEXIS 16981

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235470

Published

the owner of a nonconforming sign, as defined in § 479.01(17), is entitled to just compensation “upon [FDOT’s]

Sun City Shell, Inc. v. Department of Transportation

626 So. 2d 1097, 1993 Fla. App. LEXIS 11635, 1993 WL 474123

District Court of Appeal of Florida | Filed: Nov 19, 1993 | Docket: 64744089

Published

appellant Sun City Shell, Inc. was a “sign” under section 479.-01(14), Florida Statutes. We reverse because the

Barnett v. Securities Groups (In re Monetary Group)

159 B.R. 964

District Court, M.D. Florida | Filed: Aug 31, 1990 | Docket: 65213649

Published

his possession.”); 5 A. Scott, The Law of Trusts § 479.1, at 3461 (3d ed. 1967) (Warner principle is applied

Eddy Corp. v. Department of Transportation

522 So. 2d 421, 13 Fla. L. Weekly 525, 1988 Fla. App. LEXIS 605

District Court of Appeal of Florida | Filed: Feb 25, 1988 | Docket: 64633654

Published

REVERSED. ORFINGER and COBB, JJ., concur. . Under section 479.01(13), Florida Statutes, “ ’premises’ means an

Atlantic Outdoor Advertising v. Department of Transportation

518 So. 2d 384, 13 Fla. L. Weekly 100, 1987 Fla. App. LEXIS 11848, 1987 WL 31971

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 64631984

Published

order in total and ordered the sign removed. Section 479.01(5), Florida Statutes, defines federal-aid primary

Tri-State Systems, Inc. v. Department of Transportation

507 So. 2d 613, 12 Fla. L. Weekly 604, 1987 Fla. App. LEXIS 6921

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 64627309

Published

found not to comport with the requirements of Section 479.01(10)(d), Florida Statutes (1977), which recently

Bill Salter Outdoor Advertising, Inc. v. Department of Transportation

497 So. 2d 695, 11 Fla. L. Weekly 2289, 1986 Fla. App. LEXIS 10434

District Court of Appeal of Florida | Filed: Oct 31, 1986 | Docket: 64622999

Published

*696commercial activity pursuant to the requirements of Section 479.01, Florida Statutes. As this court stated in

Fuqua & Davis, Inc. v. State, Department of Transportation

490 So. 2d 1010, 11 Fla. L. Weekly 1372, 1986 Fla. App. LEXIS 8425

District Court of Appeal of Florida | Filed: Jun 18, 1986 | Docket: 64620347

Published

integral part of the activity conducted_” See section 479.01(13). The appealed orders indicate that DOT

National Advertising Co. v. Florida Department of Transportation

418 So. 2d 1142, 1982 Fla. App. LEXIS 20978

District Court of Appeal of Florida | Filed: Aug 19, 1982 | Docket: 64591925

Published

December 1971. In view of the definition in Section 479.01(1), bare poles do not constitute a “sign” within

Wayfara, Inc. v. Florida Department of Transportation

370 So. 2d 858, 1979 Fla. App. LEXIS 15008

District Court of Appeal of Florida | Filed: May 15, 1979 | Docket: 64570111

Published

of changing the message from time to time. Section 479.01(12), Florida Statutes, the term “erect” is

Johnson & Johnson, Inc. v. Florida Department of Transportation

371 So. 2d 494, 1979 Fla. App. LEXIS 15109

District Court of Appeal of Florida | Filed: May 9, 1979 | Docket: 64570394

Published

court upheld the Department’s construction of Section 479.-01(12), finding that the appellant’s significant

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