Florida Statute 479.024 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 479
OUTDOOR ADVERTISING

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F.S. 479.024

479.024 Commercial and industrial parcels.—Signs shall be permitted by the department only in commercial or industrial zones, as determined by the local government, in compliance with chapter 163, unless otherwise provided in this chapter. Commercial and industrial zones are those areas appropriate for commerce, industry, or trade, regardless of how those areas are labeled.

(1) As used in this section, the term:

(a) “Parcel” means the property where the sign is located or is proposed to be located.

(b) “Utilities” includes all privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, and stormwater not connected with the highway drainage, and other similar commodities.

(2) The determination as to zoning by the local government for the parcel must meet all of the following criteria:

(a) The parcel is comprehensively zoned and includes commercial or industrial uses as allowable uses.

(b) The parcel can reasonably accommodate a commercial or industrial use under the future land use map of the comprehensive plan and land use development regulations, as follows:

1. Sufficient utilities are available to support commercial or industrial development; and

2. The size, configuration, and public access of the parcel are sufficient to accommodate a commercial or industrial use, given the requirements in the comprehensive plan and land development regulations for vehicular access, onsite circulation, building setbacks, buffering, parking, and other applicable standards or the parcel consists of railroad tracks or minor sidings abutting commercial or industrial property that meets the criteria of this subsection.

(3) If a local government has not designated zoning through land development regulations in compliance with chapter 163 but has designated the parcel under the future land use map of the comprehensive plan for uses that include commercial or industrial uses, the parcel shall be considered an unzoned commercial or industrial area. For a permit to be issued for a sign in an unzoned commercial or industrial area, there must be three or more distinct commercial or industrial activities within 1,600 feet of each other, with at least one of the commercial or industrial activities located on the same side of the highway as, and within 800 feet of, the sign location. Multiple commercial or industrial activities enclosed in one building shall be considered one use if all activities have only shared building entrances.

(4) For purposes of this section, certain uses and activities may not be independently recognized as commercial or industrial, including, but not limited to:

(a) Signs.

(b) Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands.

(d) Activities not visible from the main-traveled way, unless a department transportation facility is the only cause for the activity not being visible.

(e) Activities conducted more than 660 feet from the nearest edge of the right-of-way.

(f) Activities conducted in a building principally used as a residence.

(g) Railroad tracks and minor sidings, unless the tracks and sidings are abutted by a commercial or industrial property that meets the criteria in subsection (2).

(h) Communication towers.

(i) Public parks, public recreation services, and governmental uses and activities that take place in a structure that serves as the permanent public meeting place for local, state, or federal boards, commissions, or courts.

(5) If the local government has indicated that the proposed sign location is on a parcel that is in a commercial or industrial zone but the department finds that it is not, the department shall notify the sign applicant in writing of its determination.

(6) An applicant whose application for a permit is denied may request, within 30 days after the receipt of the notification of intent to deny, an administrative hearing pursuant to chapter 120 for a determination of whether the parcel is located in a commercial or industrial zone. Upon receipt of such request, the department shall notify the local government that the applicant has requested an administrative hearing pursuant to chapter 120.

(7) If the department determines in a final order that the parcel does not meet the permitting conditions in this section and a sign exists on the parcel, the applicant shall remove the sign within 30 days after the date of the order. The applicant is responsible for all sign removal costs.

(8) If the Federal Highway Administration reduces funds that would otherwise be apportioned to the department due to a local government’s failure to comply with this section, the department shall reduce transportation funding apportioned to the local government by an equivalent amount.

History.—s. 5, ch. 2014-215; s. 26, ch. 2014-223.

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Amendments to 479.024

Arrestable Offenses / Crimes under Fla. Stat. 479.024

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 479.024.

Annotations, Discussions, Cases:

Cases Citing Statute 479.024

Total Results: 20

CBS Outdoor Inc. v. Florida Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2013-10-23

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

Snippet: interstate as a property right. While Florida law in § 479.24(1), Florida Statutes, has provided that the owner

MAVERICK MEDIA GROUP v. Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 2001-06-26

Citation: 791 So. 2d 491, 2001 Fla. App. LEXIS 8774

Snippet: it was not lawfully erected or maintained. See § 479.24(1), Fla. Stat. (1999)("A sign will lose its nonconforming

DEPT. OF TRANSP., STATE v. Heathrow Land & Dev. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1991-04-11

Citation: 579 So. 2d 183, 1991 Fla. App. LEXIS 3329, 1991 WL 50594

Snippet: that Allen was predicated on language in section 479.24, Florida Statutes, as it existed prior to a 1984

T & L MANAGEMENT v. Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1986-10-29

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

Snippet: (Supp. 1984). We disagree. Sections 479.15(2) and 479.24(1) provide for just compensation for the removal

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

Court: District Court of Appeal of Florida | Date Filed: 1986-07-28

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

Snippet: requiring that the subject signs be removed. Section 479.24, Florida Statutes, makes clear provision for the

Wainwright v. State Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1986-04-22

Citation: 488 So. 2d 563, 11 Fla. L. Weekly 938, 1986 Fla. App. LEXIS 7378

Snippet: should receive compensation therefor under Section 479.24, since the signs were lawful when erected but later

LAMAR ADVERTISING ASSOCIATES OF EAST FLA., LTD. v. City of Daytona Beach

Court: District Court of Appeal of Florida | Date Filed: 1984-04-19

Citation: 450 So. 2d 1145, 1984 Fla. App. LEXIS 12767

Snippet: (1981), regulates outdoor advertising. Section 479.24(1), Florida Statutes, provides that: Compensation

DIV. OF ADMIN., STATE, DEPT OF TRANSP. v. Allen

Court: District Court of Appeal of Florida | Date Filed: 1984-03-08

Citation: 447 So. 2d 1383

Snippet: instant case, the applicable statute is section 479.24, Florida Statutes (1981), which provides in part:

Empire Outdoor Advertising v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1983-07-22

Citation: 438 So. 2d 851, 1983 Fla. App. LEXIS 19964

Snippet: displayed in. violation of this chapter.” Section 479.24 requires that compensation be paid upon the removal

National Advertising Co. v. Florida Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1982-08-19

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

Snippet: property in this case. Florida Statutes, Section 479.24, is susceptible of a construction that compensation

LAMAR-ORLANDO, ETC. v. City of Ormond Beach

Court: District Court of Appeal of Florida | Date Filed: 1982-06-09

Citation: 415 So. 2d 1312

Snippet: compensation must be paid appellants. Section 479.24(1) provides: Compensation shall be paid upon the

LaPointe Outdoor Advertising v. FLA. DEPT., ETC.

Court: Supreme Court of Florida | Date Filed: 1981-05-28

Citation: 398 So. 2d 1370

Snippet: compensate the owner of a billboard sign under section 479.24, Florida Statutes (1977), for requiring the sign's

City of Lake Wales v. LAMAR ADVER.

Court: District Court of Appeal of Florida | Date Filed: 1981-05-11

Citation: 399 So. 2d 981

Snippet: December 8, 1971, without paying compensation. Section 479.24(2) provides for payment of compensation pursuant

Henderson Sign Service v. Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1980-11-19

Citation: 390 So. 2d 159

Snippet: the materials in those signs pursuant to Section 479.24(1), which provides: (1) Compensation shall be paid

La Pointe Outdoor Advertising v. Florida Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1980-04-30

Citation: 382 So. 2d 1347, 1980 Fla. App. LEXIS 16109

Snippet: to compensation. Regarding compensation, Section 479.24(1), Florida Statutes (1977), provides: (1) Compensation

Wayfara, Inc. v. Florida Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1979-05-15

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

Snippet: relating to removal of the signs under Section 479.24, Florida Statutes). He testified that each of the

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

Court: District Court of Appeal of Florida | Date Filed: 1979-05-09

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

Snippet: nonconforming structures by Sections 479.23 and 479.-24, Florida Statutes (1977). In August, 1977, however

Walker v. State, Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1979-01-04

Citation: 366 So. 2d 96, 1979 Fla. App. LEXIS 14026

Snippet: Highway Beautification Act of 1965. Sections 479.11, 479.24, Florida Statutes (1977); Sections 14-10.19 et

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

Court: District Court of Appeal of Florida | Date Filed: 1978-11-15

Citation: 364 So. 2d 104

Snippet: the sign was grandfathered in under §§ 479.23 and 479.24 and allowed to remain in place as long as the use

Brazil v. Division of Administration, State Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1977-06-21

Citation: 347 So. 2d 755, 1977 Fla. App. LEXIS 16167

Snippet: expense, and quotes the first sentence of Section 479.24(1), for support: “Compensation shall be paid upon