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: District Court of Appeal of Florida | Date Filed: 2002-10-23

Citation: 830 So. 2d 181, 2002 Fla. App. LEXIS 15490, 2002 WL 31373490

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: District Court of Appeal of Florida | Date Filed: 1992-06-02

Citation: 599 So. 2d 732, 1992 Fla. App. LEXIS 6208, 1992 WL 114652

Snippet: purpose of this chapter as provided for in s. 479.015." (Emphasis added.) The department presented no

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

Court: District Court of Appeal of Florida | Date Filed: 1988-12-09

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

Snippet: used in conjunction with that activity. Section 479.015 is a statement of the legislative intent behind

LABORERS'INTERN, L. 478 v. Burroughs

Court: District Court of Appeal of Florida | Date Filed: 1988-02-23

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

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

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: District Court of Appeal of Florida | Date Filed: 1985-07-24

Citation: 472 So. 2d 1336, 10 Fla. L. Weekly 1795, 1985 Fla. App. LEXIS 14461

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

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

Snippet: lawfully in existence on December 8, 1971. Section 479.15(2), Florida Statutes, provides: No municipality

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: sought by the City had been preempted by section 479.15(3), Florida Statutes (1979).[4] We sustain the

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: in the sense that they cannot coexist. Section 479.15, supra, clearly indicates that Chapter 479 was

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

Scavella v. Fernandez

Court: District Court of Appeal of Florida | Date Filed: 1979-05-29

Citation: 371 So. 2d 535

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