New Rule 14-10.025, F.A.C., Wall Murals, is being adopted to implement provisions of Section 479.156, Florida Statutes, regulating wall murals as defined in Section 479.01(27), Florida Statutes. A new application form is incorporated by reference.

 

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-10.025: Wall Murals
PURPOSE AND EFFECT: New Rule 14-10.025, F.A.C., Wall Murals, is being adopted to implement provisions of Section 479.156, Florida Statutes, regulating wall murals as defined in Section 479.01(27), Florida Statutes. A new application form is incorporated by reference.
SUBJECT AREA TO BE ADDRESSED: This is a new rule to implement the provisions of Section 479.156, Florida Statutes, regulating wall murals.
SPECIFIC AUTHORITY: 334.044(2), 479. 02(7) FS.
LAW IMPLEMENTED: 479.156 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

14-10.025 Wall Murals.

(1) Wall murals displaying commercial messages within 660 feet of the nearest edge of the right of way of an interstate or federal aid primary highway must obtain Department approval prior to installation.

(2) Application for approval of a wall mural is made by completing and submitting the form Application for Wall Mural Approval, Form 575-070-31, 09/07, incorporated herein by reference, to the address listed in subsection 14-10.003(2), F.A.C. The application form may be obtained from the State Outdoor Advertising License and Permit Office.

(a) A separate application is required for each wall mural.

(b) Priority of applications will be based upon the order of the receipt of completed applications.

1. An application will be considered complete when all items on the application form have been filled in, and all required attachments received.

2. Incomplete applications will be returned to the applicant without Departmental action. Applications containing incorrect information will be returned to the applicant as denied.

3. Once an application form has been received by the Department, any change or addition to the application form as submitted must be initialed by the applicant on the original application document.

(c) Each application must include the following attachments:

1. A statement from the local government within whose jurisdiction the mural is to be located that the property on which the mural is to be located is zoned for commercial or industrial use,

2. A statement from the local government approving the placement of the wall mural as described in the Application,

3. A copy of the local ordinance enacted in conformance with Section 479.156, F.S., allowing for the placement of wall murals,

4. A photograph of the building on which the mural will be displayed, and

5. Payment of the initial fee in the amount set forth in Rule 14-10.0043, F.A.C., for outdoor advertising permit fees.

(3) In order to be approved by the Department, all the following requirements must be met:

(a) The property on which the wall mural is to be located must be zoned for commercial or industrial uses.

(b) The height of the mural may not exceed 30 feet.

(c) The width of the mural may not exceed 60 feet.

(d) The total area of the mural may not exceed 1200 square feet.

(e) Wall murals must meet minimum spacing requirements from any permitted outdoor advertising sign or previously approved wall mural. Minimum spacing is 500 feet on the federal aid primary highway system and 1,000 feet on the Interstate highway system. Measurements are taken from the midpoint of a mural placed parallel to the controlled roadway and from the point of the mural closest to the roadway for right or left read displays.

(f) Wall murals may not be located within 500 feet of an interstate interchange outside an incorporated area.

(g) In lieu of the requirements set forth in paragraphs (3)(a) through (3)(f) the applicant must demonstrate that the wall mural constitutes a customary use which was recognized as a widespread, long-standing and common general practice within the local jurisdiction as of the January 27, 1972, agreement between the State of Florida and the United States Department of Transportation implementing the requirements of the Highway Beautification Act of 1965, 23 U.S.C. Sec. 131, and has been continuously maintained in the same location to the date of application.

(h) An annual fee in the amount established in Rule 14-10.0043, F.A.C., for outdoor advertising permit fees must be paid.

(4) The Department shall deny any application for a wall mural and will revoke any previously issued permit if the Department receives notification from the Federal Highway Administration that the wall mural is not approved under federal laws or regulations.

(5) The Department will approve or deny complete applications within 30 days of receipt by the Department.

Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 479.156 FS. History–New________.