Florida Statute 479.15 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 479
OUTDOOR ADVERTISING

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F.S. 479.15

479.15 Harmony of regulations.—

(1) A zoning board or commission or other public officer or agency may not issue a permit to erect a sign that is prohibited under this chapter or the rules of the department, and the department may not issue a permit for a sign that is prohibited by any other public board, officer, or agency in the lawful exercise of its powers.

(2) A municipality, county, local zoning authority, or other local governmental entity may not remove, or cause to be removed, a lawfully erected sign along any portion of the interstate or federal-aid primary highway system without first paying just compensation for such removal. A local governmental entity may not cause in any way the alteration of a lawfully erected sign located along any portion of the interstate or federal-aid primary highway system without payment of just compensation if such alteration constitutes a taking under state law. The municipality, county, local zoning authority, or other local governmental entity that adopts requirements for such alteration shall pay just compensation to the sign owner if such alteration constitutes a taking under state law. This subsection applies only to a lawfully erected sign the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services, activities, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located. This subsection may not be interpreted as explicit or implicit legislative recognition that alterations do or do not constitute a taking under state law.

(3) It is the express intent of the Legislature to limit the state right-of-way acquisition costs on state and federal roads in eminent domain proceedings, ss. 479.07 and 479.155 notwithstanding. Subject to approval by the Federal Highway Administration, if public acquisition of land upon which is situated a lawfully permitted sign occurs as provided in this chapter, the sign may, at the election of its owner and the department, be relocated or reconstructed adjacent to the new right-of-way and in close proximity to the current site if the sign is not relocated in an area inconsistent with s. 479.024. Such relocation is subject to the requirements in the 1972 agreement between the state and the United States Department of Transportation. The sign owner shall pay all costs associated with relocating or reconstructing a sign under this subsection, and the state or any local government may not reimburse the sign owner for such costs, unless part of such relocation costs is required by federal law. If adjacent property is not available for the relocation, the department is responsible for paying the owner of the sign just compensation for its removal.

(4) For a nonconforming sign, the face of the sign may not be increased in size or height or structurally modified at the point of relocation in a manner inconsistent with the current building codes of the jurisdiction in which the sign is located.

(5) If relocation can be accomplished but is inconsistent with the ordinances of the municipality or county within whose jurisdiction the sign is located, the ordinances of the local government shall prevail if the local government assumes the responsibility to provide the owner of the sign just compensation for its removal. Compensation paid by the local government may not be greater than the compensation required under state or federal law. This section does not impair any agreement or future agreements between a municipality or county and the owner of a sign or signs within the jurisdiction of the municipality or county.

(6) Subsections (3), (4), and (5) do not apply within the jurisdiction of a municipality that is engaged in litigation concerning its sign ordinance on April 23, 1999, and the subsections do not apply to a municipality whose boundaries are identical to the county within which the municipality is located.

(7) This section does not cause a neighboring sign that is already permitted and that is within the spacing requirements established in s. 479.07(9)(a) to become nonconforming.

History.—s. 13, ch. 20446, 1941; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 1, ch. 74-273; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 41, ch. 94-237; s. 65, ch. 99-385; s. 5, ch. 2002-13; s. 16, ch. 2014-215; s. 37, ch. 2014-223.

F.S. 479.15 on Google Scholar

F.S. 479.15 on Casetext

Amendments to 479.15

Arrestable Offenses / Crimes under Fla. Stat. 479.15

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 479.15.

Annotations, Discussions, Cases:

Cases Citing Statute 479.15

Total Results: 11

Café Erotica v. Florida Dept. of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-23T00:53:00-07:00

Citation: 830 So. 2d 181

Snippet: historic, cultural, and educational interest. § 479.015, Fla. Stat. (2001). Traffic safety and the appearance

Flamingo Lake RV Resort, Inc. v. Dept. of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-06-02T00:53:00-07:00

Citation: 599 So. 2d 732

Snippet: purpose of this chapter as provided for in s. 479.015." (Emphasis added.) The department presented…to the legislative intent contained in Section 479.015, Florida Statutes (1989). Moreover, we know of

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

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-08T23:53:00-08:00

Citation: 535 So. 2d 323

Snippet: used in conjunction with that activity. Section 479.015 is a statement of the legislative intent behind…signs in areas adjacent to state highways. Section 479.015 provides: The control of signs in areas adjacent

LABORERS'INTERN, L. 478 v. Burroughs

Court: Fla. Dist. Ct. App. | Date Filed: 1988-02-22T23:53:00-08:00

Citation: 522 So. 2d 852

Snippet: which dealt with billboard regulations: Section 479.15 ... clearly indicates that Chapter 479 was designed

T & L MANAGEMENT v. Dept. of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-28T23:53:00-08:00

Citation: 497 So. 2d 685

Snippet: pursuant to Section 479.15(2), Florida Statutes (Supp. 1984). We disagree. Sections 479.15(2) and 479.24(1

FLA. DEPT. OF TRANSP. v. ET Legg & Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-07-24T00:53:00-07:00

Citation: 472 So. 2d 1336

Snippet: requirement of the DOT. The court cited section 479.15(1), Florida Statutes (1977), which provided that

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

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-18T23:53:00-08:00

Citation: 450 So. 2d 1145

Snippet: lawfully in existence on December 8, 1971. Section 479.15(2), Florida Statutes, provides: No municipality…federal aid primary highway and hence under sections 479.15(2) and 479.24(1), Florida Statutes, compensation

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

Court: Fla. Dist. Ct. App. | Date Filed: 1982-06-09T00:53:00-07:00

Citation: 415 So. 2d 1312

Snippet: sought by the City had been preempted by section 479.15(3), Florida Statutes (1979).[4] We sustain the …later become nonconforming. In addition section 479.15(2) provides: No municipality, county, local zoning…that is less stringent than Chapter 479. Section 479.15(1) provides: *1321 No zoning board or commission… state law, because the final clause of section 479.15(1) prohibits the Department of Transportation from…regulations. It relied on the wording of section 479.15(3) which provides: (3) The removal of outdoor advertisements

City of Lake Wales v. LAMAR ADVER.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-05-11T00:53:00-07:00

Citation: 399 So. 2d 981

Snippet: in the sense that they cannot coexist. Section 479.15, supra, clearly indicates that Chapter 479 was …power. Id. at 1150 (citations omitted). Section 479.15(1), Florida Statutes (1979), provides: No zoning… within their boundaries. *989 In fact, section 479.15(1) indicates the opposite. We also agree with the…however, since the legislature provided in section 479.15(2), Florida Statutes (1979), that no municipality

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

Court: Fla. Dist. Ct. App. | Date Filed: 1980-04-30T00:53:00-07:00

Citation: 382 So. 2d 1347

Snippet: County permit does not change this result. Section 479.15(1), Florida Statutes (1977), provides: "no

Scavella v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 1979-05-29T00:53:00-07:00

Citation: 371 So. 2d 535

Snippet: court pointed out, at 425 F.2d 1150: "Section 479.15, supra, clearly indicates that Chapter 479 was