Maintenance of Nonconforming Signs

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-10.007: Maintenance of Nonconforming Signs

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 31, August 3, 2007 issue of the Florida Administrative Weekly.

SUMMARY OF CHANGE: A public hearing was conducted on August 28, 2007, as indicated in the notice of rulemaking. Participants at that hearing were given the opportunity to discuss the proposed rule amendment and to provide further written documentation within 30 days of the hearing.

 

THE TEXT OF THE PROPOSED RULE IS REVISED AS FOLLOWS:

 

1. In subparagraph 14-10.007(2)(a)1., the added sentence regarding structural alterations is changed to change “intended” to “required” and to add the words “applicable to existing structures” after “... comply with building codes” so that the revised sentence reads as follows:

If the structural alterations are required to be made to comply with building codes applicable to existing structures, the permittee must submit to the Department a statement in writing citing the specific requirement of the building code which the alterations are intended to meet.

2. In paragraph 14-10.007(6)(b), the words “or ‘discontinued’” after the word “abandoned” is not to be deleted in the lead in sentence. Further, part of the language relating to a sign no longer existing at the permitted location is moved from the proposed (6)(c) and (6)(c) itself is deleted so that the section reads as follows:

       (b) A nonconforming sign is “abandoned” or “discontinued” when a sign structure no longer exists at the permitted location or the sign owner fails to operate and maintain the sign for a period of 12 months or longer. Signs displaying bona fide public interest messages are not “abandoned” or “discontinued” within the meaning of this section. The following conditions shall be considered failure to operate and maintain the sign:

       1. Signs displaying only an “available for lease” or similar message,

       2. Signs displaying advertising for a product or service which is no longer available,

       3. Signs which are blank or do not identify a particular product, service, or facility.