Florida Statute 479.24 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 479
OUTDOOR ADVERTISING

View Entire Chapter

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.

F.S. 479.024 on Google Scholar

F.S. 479.024 on CourtListener

Amendments to 479.024

Annotations, Discussions, Cases:

Cases Citing Statute 479.024

Total Results: 18

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

415 So. 2d 1312

District Court of Appeal of Florida | Filed: Jun 9, 1982 | Docket: 459241

Cited 13 times | Published

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

Walker v. State, Dept. of Transp.

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

District Court of Appeal of Florida | Filed: Jan 4, 1979 | Docket: 1655442

Cited 12 times | Published

131. [4] 23 U.S.C. § 131(g), (n); Fla. Stat. § 479.24(1); Brazil v. DOA, 347 So.2d 755 (Fla. 1st DCA

Brazil v. DIV. OF ADMIN., STATE DOT

347 So. 2d 755

District Court of Appeal of Florida | Filed: Jun 21, 1977 | Docket: 1687310

Cited 10 times | Published

B's expense, and quotes the first sentence of Section 479.24(1), for support: "Compensation shall be paid

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

447 So. 2d 1383

District Court of Appeal of Florida | Filed: Mar 8, 1984 | Docket: 1311830

Cited 8 times | Published

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

Wainwright v. State Dept. of Transp.

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

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 1685424

Cited 6 times | Published

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

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

398 So. 2d 1370

Supreme Court of Florida | Filed: May 28, 1981 | Docket: 1326732

Cited 5 times | Published

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

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

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

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

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

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 140539

Cited 3 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 30, 1980 | Docket: 1255603

Cited 3 times | Published

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

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

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

City of Lake Wales v. LAMAR ADVER.

399 So. 2d 981

District Court of Appeal of Florida | Filed: May 11, 1981 | Docket: 1167397

Cited 2 times | Published

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

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

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

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

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

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

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

District Court of Appeal of Florida | Filed: Apr 19, 1984 | Docket: 1728996

Published

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

Empire Outdoor Advertising v. Department of Transportation

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

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 64599972

Published

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

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

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

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

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

Brazil v. Division of Administration, State Department of Transportation

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

District Court of Appeal of Florida | Filed: Jun 21, 1977 | Docket: 64559350

Published

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