The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 479
OUTDOOR ADVERTISING

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F.S. 479.01

479.01 Definitions.—As used in this chapter, the term:

(1) “Allowable uses” means the intended uses identified in a local government’s land development regulations which are authorized within a zoning category as a use by right, without the requirement to obtain a variance or waiver. The term includes conditional uses and those allowed by special exception if such uses are a present and actual use, but does not include uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis.

(2) “Automatic changeable facing” means a facing that is capable of delivering two or more advertising messages through an automated or remotely controlled process.

(3) “Business of outdoor advertising” means the business of operating, maintaining, leasing, or selling outdoor advertising structures, outdoor advertising signs, or outdoor advertisements.

(4) “Commercial use” means activities associated with the sale, rental, or distribution of products or the performance of services. The term includes, but is not limited to, such uses or activities as retail sales; wholesale sales; rentals of equipment, goods, or products; offices; restaurants; food service vendors; sports arenas; theaters; and tourist attractions.

(5) “Controlled area” means 660 feet or less from the nearest edge of the right-of-way of any portion of the State Highway System, interstate, or federal-aid primary highway system and beyond 660 feet of the nearest edge of the right-of-way of any portion of the State Highway System, interstate highway system, or federal-aid primary system outside an urban area.

(6) “Department” means the Department of Transportation.

(7) “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. The term does not include such activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

(8) “Federal-aid primary highway system” means the federal-aid primary highway system in existence on June 1, 1991, and any highway that was not a part of such system as of that date but that is, or became after June 1, 1991, a part of the National Highway System, including portions that have been accepted as part of the National Highway System but are unbuilt or unopened.

(9) “Highway” means any road, street, or other way open or intended to be opened to the public for travel by motor vehicles.

(10) “Industrial use” means activities associated with the manufacture, assembly, processing, or storage of products or the performance of related services. The term includes, but is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites.

(11) “Interstate highway system” means the existing, unbuilt, or unopened system of highways or portions thereof designated as the national system of interstate and defense highways by the department.

(12) “Main-traveled way” means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. The term does not include such facilities as frontage roads, turning roadways which specifically include on-ramps or off-ramps to the interstate highway system, or parking areas.

(13) “Maintain” means to allow to exist.

(14) “Motorist services directional signs” means signs providing directional information about goods and services in the interest of the traveling public where such signs were lawfully erected and in existence on or before May 6, 1976, and continue to provide directional information to goods and services in a defined area.

(15) “New highway” means the construction of any road, paved or unpaved, where no road previously existed or the act of paving any previously unpaved road.

(16) “Nonconforming sign” means a sign which was lawfully erected but which does not comply with the land use, setback, size, spacing, and lighting provisions of state or local law, rule, regulation, or ordinance passed at a later date or a sign which was lawfully erected but which later fails to comply with state or local law, rule, regulation, or ordinance due to changed conditions.

(17) “Premises” means all the land areas under ownership or lease arrangement to the sign owner which are contiguous to the business conducted on the land except for instances where such land is a narrow strip contiguous to the advertised activity or is connected by such narrow strip, the only viable use of such land is to erect or maintain an advertising sign. If the sign owner is a municipality or county, the term means all lands owned or leased by the municipality or county within its jurisdictional boundaries.

(18) “Remove” means to disassemble all sign materials above ground level and transport such materials from the site.

(19) “Sign” means any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form, whether placed individually or on a V-type, back-to-back, side-to-side, stacked, or double-faced display or automatic changeable facing, designed, intended, or used to advertise or inform, any part of the advertising message or informative contents of which is visible from any place on the main-traveled way. The term does not include an official traffic control sign, official marker, or specific information panel erected, caused to be erected, or approved by the department.

(20) “Sign direction” means the direction from which the message or informative contents are most visible to oncoming traffic on the main-traveled way.

(21) “Sign face” means the part of a sign, including trim and background, which contains the message or informative contents, including an automatic changeable face.

(22) “Sign facing” includes all sign faces and automatic changeable faces displayed at the same location and facing the same direction.

(23) “Sign structure” means all the interrelated parts and material, such as beams, poles, and stringers, which are constructed for the purpose of supporting or displaying a message or informative contents.

(24) “State Highway System” has the same meaning as provided in s. 334.03.

(25) “Urban area” has the same meaning as provided in s. 334.03.

(26) “Visible commercial or industrial activity” means a commercial or industrial activity that is capable of being seen without visual aid by a person of normal visual acuity from the main-traveled way and that is generally recognizable as commercial or industrial.

(27) “Visible sign” means that the advertising message or informative contents of a sign, whether or not legible, can be seen without visual aid by a person of normal visual acuity.

(28) “Wall mural” means a sign that is a painting or an artistic work composed of photographs or arrangements of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similarly flexible material that is held in place flush or flat against the surface of the building. The term excludes a painting or work placed on a structure that is erected for the sole or primary purpose of signage.

(29) “Zoning category” means the designation under the land development regulations or other similar ordinance enacted to regulate the use of land as provided in s. 163.3202(2)(b), which designation sets forth the allowable uses, restrictions, and limitations on use applicable to properties within the category.

History.—s. 1, ch. 20446, 1941; s. 1, ch. 65-397; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 175, ch. 71-377; s. 1, ch. 71-971; s. 1, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 1, ch. 78-8; ss. 2, 3, ch. 81-318; ss. 1, 25, 26, ch. 84-227; s. 6, ch. 90-136; s. 67, ch. 91-220; s. 4, ch. 91-429; ss. 6, 50, ch. 93-164; s. 32, ch. 94-237; ss. 37, 120, ch. 99-385; s. 28, ch. 2000-266; s. 61, ch. 2007-196; s. 21, ch. 2009-85; s. 38, ch. 2010-225; s. 38, ch. 2011-4; s. 94, ch. 2012-174; s. 3, ch. 2014-215; s. 24, ch. 2014-223.

F.S. 479.01 on Google Scholar

F.S. 479.01 on Casetext

Amendments to 479.01

Arrestable Offenses / Crimes under Fla. Stat. 479.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 479.01.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CBS OUTDOOR INC. SLG LLC, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 124 So. 3d 383 (Fla. Dist. Ct. App. 2013)

. . . § 479.24(1), Florida Statutes, has provided that the owner of a nonconforming sign, as defined in § 479.01 . . . FDOT interprets § 479.25 to exclude a broader set of nonconforming signs from the scheme (see § 479.01 . . .

BILL SALTER ADVERTISING, INC. v. DEPARTMENT OF TRANSPORTATION,, 974 So. 2d 548 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to section 479.01(14), Florida Statutes (2005), a "nonconforming sign” is defined as "a sign . . .

CHANCELLOR MEDIA WHITECO OUTDOOR, v. DEPARTMENT OF TRANSPORTATION,, 795 So. 2d 991 (Fla. Dist. Ct. App. 2001)

. . . . § 479.01(14), Fla. Stat. (1997); accord 23 C.F.R. s. 750.303. . . . .

MAVERICK MEDIA GROUP, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 791 So. 2d 491 (Fla. Dist. Ct. App. 2001)

. . . .”); § 479.01(14), Fla. . . .

REPUBLIC MEDIA, INC. v. DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA,, 714 So. 2d 1203 (Fla. Dist. Ct. App. 1998)

. . . Republic further argues that the poster is not a sign based on the definition of a sign by section 479.01 . . . However, section 479.01(26) defines “visible sign” as meaning: [T]he advertising message or informative . . .

HANCOCK ADVERTISING, INC. v. DEPARTMENT OF TRANSPORTATION,, 549 So. 2d 1086 (Fla. Dist. Ct. App. 1989)

. . . Interstate-95 is part of the interstate highway system as defined in Section 479.01(7), Florida Statutes . . . Although section 479.01(6) defines “highway” as “any road, street or other way open or intended to be . . . intended to advertise, and any part of which is visible from any place on the main-traveled way. § 479.01 . . . message, whether or not legible, can be seen without visual aid by a person of normal visual acuity. § 479.01 . . . In defining the term "sign,” § 479.01(14) clearly states that the structure must be "visible from any . . .

MCDONALD S CORPORATION, v. DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA,, 535 So. 2d 323 (Fla. Dist. Ct. App. 1988)

. . . restaurant building and business it advertises, is an “on-premises” sign within the meaning of sections 479.01 . . . Section 479.01 (13) defines “premises” as: “Premises” means an area of land occupied by the buildings . . .

EDDY CORP. s v. DEPARTMENT OF TRANSPORTATION,, 522 So. 2d 421 (Fla. Dist. Ct. App. 1988)

. . . restaurant building and business it advertises, is an “on-premises” sign within the meaning of sections 479.01 . . . Under section 479.01(13), Florida Statutes, “ ’premises’ means an area of land occupied by the buildings . . .

ATLANTIC OUTDOOR ADVERTISING, v. DEPARTMENT OF TRANSPORTATION,, 518 So. 2d 384 (Fla. Dist. Ct. App. 1987)

. . . Section 479.01(5), Florida Statutes, defines federal-aid primary highways as “the ... system of highways . . .

TRI- STATE SYSTEMS, INC. v. DEPARTMENT OF TRANSPORTATION,, 507 So. 2d 613 (Fla. Dist. Ct. App. 1987)

. . . were revoked on the basis that the signs were found not to comport with the requirements of Section 479.01 . . .

BILL SALTER OUTDOOR ADVERTISING, INC. v. DEPARTMENT OF TRANSPORTATION,, 499 So. 2d 22 (Fla. Dist. Ct. App. 1986)

. . . Transportation of his outdoor advertising permit, pursuant to the provisions of sections 479.11, 479.111, and 479.01 . . .

BILL SALTER OUTDOOR ADVERTISING, INC. v. DEPARTMENT OF TRANSPORTATION,, 497 So. 2d 695 (Fla. Dist. Ct. App. 1986)

. . . DOT regarding what constitutes visible commercial activity pursuant to the requirements of Section 479.01 . . .

T L MANAGEMENT, INC. M. d b a T L v. DEPARTMENT OF TRANSPORTATION,, 497 So. 2d 685 (Fla. Dist. Ct. App. 1986)

. . . As such, these businesses cannot be considered unzoned commercial under Section 479.01(10)(f), Florida . . .

TRI- STATE SYSTEMS, INC. v. DEPARTMENT OF TRANSPORTATION,, 500 So. 2d 182 (Fla. Dist. Ct. App. 1986)

. . . Section 479.01(20)(d), Florida Statutes (1983), states that activities "not visible from the main-traveled . . .

TRI- STATE SYSTEMS, v. DEPARTMENT OF TRANSPORTATION,, 492 So. 2d 1164 (Fla. Dist. Ct. App. 1986)

. . . discretion in application of the terms “building principally used as a residence” (e.s.) in section 479.01 . . . Section 479.01, Florida Statutes (1981), provides in part: (10) 'Unzoned commercial or industrial area . . .

FOOD N FUN, INC. v. DEPARTMENT OF TRANSPORTATION,, 493 So. 2d 23 (Fla. Dist. Ct. App. 1986)

. . . At the time these permits were issued, Section 479.01(10) provided that an unzoned commercial area was . . . “Visible” was defined by Section 479.01(17) as “capable of being seen without visual aid by a person . . . of commercial activity in progress, the per-mittee had “violated the chapter,” specifically Section 479.01 . . .

TRI- STATE SYSTEMS, INC. v. DEPARTMENT OF TRANSPORTATION,, 491 So. 2d 1192 (Fla. Dist. Ct. App. 1986)

. . . The latter is defined by Section 479.01(10) as “an area within 660 feet of the nearest edge of the right-of-way . . .

BILL SALTER OUTDOOR ADVERTISING, INC. v. DEPARTMENT OF TRANSPORTATION,, 492 So. 2d 408 (Fla. Dist. Ct. App. 1986)

. . . within 800 feet of a business in an unzoned commercial or industrial area as delineated by section 479.01 . . . warrant an estoppel, nor does appellant have a nonconforming sign as that term is defined by section 479.01 . . .

FUQUA DAVIS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 490 So. 2d 1010 (Fla. Dist. Ct. App. 1986)

. . . buildings or other physical uses which are an integral part of the activity conducted_” See section 479.01 . . .

NATIONAL ADVERTISING COMPANY, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 418 So. 2d 1142 (Fla. Dist. Ct. App. 1982)

. . . In view of the definition in Section 479.01(1), bare poles do not constitute a “sign” within the meaning . . . National Advertising’s emphasis on the word “intended” in Section 479.01(1) is misplaced. . . .

HENDERSON SIGNS, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 397 So. 2d 769 (Fla. Dist. Ct. App. 1981)

. . . The term highway is defined in Section 479.01(4): “ ‘highway’ means every way or place of whatever nature . . .

HENDERSON SIGN SERVICE, v. DEPARTMENT OF TRANSPORTATION, ARROWHEAD CAMPSITES, v. DEPARTMENT OF TRANSPORTATION,, 390 So. 2d 159 (Fla. Dist. Ct. App. 1980)

. . . Section 479.01(13) defines interstate highway as “any highway officially designated as part of the national . . .

WAYFARA, INC. v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 370 So. 2d 858 (Fla. Dist. Ct. App. 1979)

. . . Section 479.01(12), Florida Statutes, the term “erect” is defined as follows: “(12) ‘Erect’ means to . . .

WHITE ADVERTISING INTERNATIONAL, a v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 364 So. 2d 104 (Fla. Dist. Ct. App. 1978)

. . . Section 479.01(12) defines “erect” as follows: [T]o construct, build, raise, assemble, place, affix, . . . We do not agree with White that DOT’s construction of § 479.01(12) is erroneous or overbroad. . . .

ANDERSON MANUFACTURING CO., 1 B.T.A. 1243 (B.T.A. 1925)

. . . costing $383.63, found to be a capital asset and not an expense, and upon furniture and fixtures costing $479.01 . . .