479.11
Specified signs prohibited.
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479.11 Specified signs prohibited.—No sign shall be erected, used, operated, or maintained:
(1) Within 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system or the federal-aid primary highway system, except as provided in ss. 479.111 and 479.16.
(2) Beyond 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system or the federal-aid primary highway system outside an urban area, which sign is erected for the purpose of its message being read from the main-traveled way of such system, except as provided in ss. 479.111(1) and 479.16.
(3) Within 15 feet of the outside boundary of the right-of-way of any highway on the State Highway System outside of an incorporated area or on the interstate or federal-aid primary highway system outside an incorporated area.
(4) Within 100 feet of any church, school, cemetery, public park, public reservation, public playground, or state or national forest, when such facility is located outside of an incorporated area, except as provided in s. 479.16.
(5)(a) Which displays intermittent lights not embodied in the sign, or any rotating or flashing light within 100 feet of the outside boundary of the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system or which is illuminated in such a manner so as to cause glare or to impair the vision of motorists or otherwise distract motorists so as to interfere with the motorists’ ability to safely operate their vehicles.
(b) If the sign is on the premises of an establishment as provided in s. 479.16(1), the local government authority with jurisdiction over the location of the sign shall enforce the provisions of this section as provided in chapter 162 and this section.
(6) Which uses the word “stop” or “danger,” or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official signs, and which is adjacent to the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.
(7) Which is placed on the inside of a curve or in any manner that may prevent persons using the highway from obtaining an unobstructed view of approaching vehicles and which is adjacent to the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.
(8) Which is located upon the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.
(9) Which is nailed, fastened, or affixed to any tree or is erected or maintained in an unsafe, insecure, or unsightly condition and which is adjacent to the right-of-way of any highway on the State Highway System outside of an incorporated area or on any portion of the interstate highway system or the federal-aid primary highway system.
(10) Which is on a new highway outside an urban area and otherwise would have been subject to the permit requirements of this chapter.
History.—s. 9, ch. 20446, 1941; s. 3, ch. 26959, 1951; s. 1, ch. 31413, 1956; s. 1, ch. 57-282; s. 2, ch. 61-151; s. 5, ch. 71-971; s. 2, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 12, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 44, ch. 94-237; s. 32, ch. 95-257; s. 4, ch. 2012-83.
Notes of Decisions
Cited in 24
cases, 1977–2002 · leading case: Hancock Advertising v. Dept. of Transp.
Hancock Advertising v. Dept. of Transp. (1989)
“See § 479.11(1), Fla. Stat. (1987). Accordingly, I would hold that DOT's interpretation of section 479.”
Café Erotica v. Florida Dept. of Transp. (2002)
“, § 479.11(5), Fla. Stat. (2001) (prohibiting signs displaying rotating or flashing lights in such a manner as to cause glare or to impair motorists' vision); § 479.”
Walker v. State, Dept. of Transp. (1979)
“Walker to his previous position, upon his tender of fees past due, by paying to replace the sign, which would remain subject to removal, upon payment of compensation, for its nonconformance to Section 479.11, implementing the Highway Beautification Act.”
Henderson Signs v. Fla. Dept. of Transp. (1981)
“" Section 479.11, Florida Statutes (1979) provides: "No advertisement, advertising sign or advertising structure shall be constructed, erected, used, operated or maintained: (1) Within 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or…”
Atlantic Outdoor Advertising v. Department of Transportation (1987)
“l: 1) whether the Department’s petition should have been dismissed as it failed to designate federal-aid primary highways by rule; 2) whether appellant was improperly found in violation of a statute not charged against it; 3) whether the department adhered to its rules in…”
Wainwright v. State Dept. of Transp. (1986)
“" To that end, Section 479.11(1), Florida Statutes, provides that "no sign shall be erected, used, operated, or maintained within 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system .”
Henderson Sign Service v. Dept. of Transp. (1980)
“The evidence as to the location of all three signs was essentially the same: All were well within the area prohibited by the 600-foot setback provisions of Section 479.11, Florida Statutes (1977), and none displayed permit tags.”
Hammond v. Department of Transp. (1986)
“Therefore, this sign being erected in a commercially zoned area, it falls within the above exception to the prohibition contained in Section 479.11(1), Florida Statutes, and thus is legally in place and should be permitted pursuant to Section 479.”
Nelson Richard Advertising v. DOT (1987)
“Section 479.11(1), Florida Statutes (1983), prohibits outdoor advertising "[w]ithin 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or the federal-aid primary system except as provided in s.”
City of Lake Wales v. LAMAR ADVER. (1981)
“See §§ 479.11,.16, Fla. Stat. (1979). The Third District Court of Appeal relied on Hav-A-Tampa Cigar Co.”
Department of Transportation v. Durden (1985)
“In August of that same year, the Department of Transportation notified appellees that these signs were in an unpermitted zone, in violation of section 479.11(1), Florida Statutes (1983), and were constructed without the requisite sign permits, in violation of section 479.”
Chancellor Media Whiteco Outdoor Corporation v. Dot (2001)
“See §§ 479.11(1) & 479.111(2), Fla. Stat. (1997).”
— 479.11(1) — 13 cases
Hancock Advertising v. Dept. of Transp. (1989)
“See § 479.11(1), Fla. Stat. (1987). Accordingly, I would hold that DOT's interpretation of section 479.”
Atlantic Outdoor Advertising v. Department of Transportation (1987)
“l: 1) whether the Department’s petition should have been dismissed as it failed to designate federal-aid primary highways by rule; 2) whether appellant was improperly found in violation of a statute not charged against it; 3) whether the department adhered to its rules in…”
Wainwright v. State Dept. of Transp. (1986)
“" To that end, Section 479.11(1), Florida Statutes, provides that "no sign shall be erected, used, operated, or maintained within 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system .”
Hammond v. Department of Transp. (1986)
“Therefore, this sign being erected in a commercially zoned area, it falls within the above exception to the prohibition contained in Section 479.11(1), Florida Statutes, and thus is legally in place and should be permitted pursuant to Section 479.”
Nelson Richard Advertising v. DOT (1987)
“Section 479.11(1), Florida Statutes (1983), prohibits outdoor advertising "[w]ithin 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or the federal-aid primary system except as provided in s.”
— 479.11(2) — 2 cases
Hancock Advertising v. Dept. of Transp. (1989)
“See § 479.11(1), Fla. Stat. (1987). Accordingly, I would hold that DOT's interpretation of section 479.”
— 479.11(4) — 1 case
— 479.11(5) — 1 case
Café Erotica v. Florida Dept. of Transp. (2002)
“, § 479.11(5), Fla. Stat. (2001) (prohibiting signs displaying rotating or flashing lights in such a manner as to cause glare or to impair motorists' vision); § 479.”
— 479.11(6) — 1 case
Café Erotica v. Florida Dept. of Transp. (2002)
“, § 479.11(5), Fla. Stat. (2001) (prohibiting signs displaying rotating or flashing lights in such a manner as to cause glare or to impair motorists' vision); § 479.”
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