14-85.004: Logo Sign Program
PURPOSE AND EFFECT: The amendment to Rule 14-85.004, F.A.C., is limited to paragraph (11)(e) and subsection (12). These sections are amended to clarify inconsistent terms and to provide a 30 day grace period for late payment during annual renewal, consistent with other sections of Chapter 479, Florida Statutes.
SUMMARY: This is an amendment to paragraph 14-85.004(11)(e) and subsection (12), to clarify inconsistent terms and to provide a 30 day grace period for late payment during annual renewal.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 479.08, 479.261, 334.044(2) FS.
LAW IMPLEMENTED: 334.044(28), 479.08, 479.261 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 FULL TEXT OF THE PROPOSED RULE IS:
14-85.004 Logo Sign Program.
(1) through (10) No change.
(11) Permitting.
(a) through (d) No change.
(e) Process for Annual Permit Renewal.
1. Each holder of a valid logo permit must submit the full annual permit fee(s) to the Program Administrator, which permit fee(s) must be received by the Program Administrator no later than 5:00 p.m. on December 1 of each year.
2. It is the responsibility of the permit holder to keep the Program Administrator informed concerning address changes, ownership changes, contact changes, billing address changes, and any other changes impacting notification or participation eligibility that have occurred since the last renewal period.
3. If the Program Administrator has not received the annual permit fee(s) by 5:00 p.m. Eastern Standard time on December 1, the permit will be revoked expire and the business logo sign will be removed from the display panel. Should the business subsequently reapply for a permit, such reapplication will be processed as an initial permit application in accordance with this section.
(12) Denial, denial of renewal, revocation, suspension, voiding, or cancellation of permit.
(a) Denial. An application for a business logo permit will be denied if the business does not meet the eligibility requirements outlined in this rule.:
1. Space is not available;
2. The business does not meet the eligibility requirements; or
(b) Denial of Renewal. Renewal will be denied if applicable permit fee(s) are not received by the Program Administrator by 5:00 p.m. on December 1.
(b)(c) Revocation. A businesss permit to participate in the logo program will be revoked if:
1. The business no longer meets the eligibility requirements outlined in this rule chapter and has not received requested a suspension or if permit fees are not received by the Program Administrator by 5:00 p.m. Eastern Standard time on December 1.
2. The business made a false, deceptive, or fraudulent statement in its application or in any other information submitted to the Department or the Program Administrator.
2.3. Prior to revoking a logo permit, the Program Administrator shall issue by certified mail a Notice of Intent to Revoke for Noncompliance. This notice shall state the noncompliance found and provide the following: The business has modified or revised a business logo sign or logo structure without authorization by the Department or the Program Administrator.
a. The permittee shall have 30 days from receipt of the Notice of Intent to Revoke for Noncompliance to correct the noncompliance and present evidence to the Department of such correction.
b. If corrective action is not accomplished within the 30 day period, the revocation becomes final agency action.
c. The business logo sign shall be removed from the logo structure(s) after the revocation is final or after the final disposition of any request for an administrative proceeding pursuant to Chapter 120, F.S. The Program Administrator shall reimburse the business for the unexpired term of the business logo sign permit, on a pro rata basis. The business is required to pay the permit fee(s) on a monthly pro rata basis, for all logo signs displayed, pending final agency action or final disposition of any request for administrative hearing.
(c)(d) Suspension. A business logo permit will be suspended when the business notifies the Program Administrator that it is temporarily unable to provide the services required and requests suspension of the permit.
1. The maximum period of suspension shall be 90 days except in cases of national disaster or when substantial physical changes such as retrofitting of fuel tanks must be made to the business, in which case an additional 90 days will be granted by the Program Administrator upon receipt of complete construction or engineering specifications for the physical changes and a construction schedule supporting the need for additional time.
2. The logo sign permit must remain in force, including payment of all fees, during the period of suspension.
3. The Program Administrator shall cover or remove the business logo sign until the business is again able to provide services.
4. If the circumstances requiring suspension of the permit are not resolved within the time frame in Section (12)(b)(c)1., above, the Program Administrator shall revoke the business logo sign permit in accordance with (12)(b), above.
(d)(e) Voiding. If the Department or the Program Administrator must remove logo structures pursuant to Section (3)(d), the Program Administrator shall void the business logo sign permit. The Program Administrator shall reimburse the business for the unexpired permit term, on a pro rata basis.
(e)(f) Notice. In cases of denial, denial of renewal, revocation, or voiding, the Program Administrator shall provide a written notice to the applicant or permittee by certified mail. The notice shall contain a statement of the reason for the action and an explanation of the permittees rights under Chapter 120, F.S.
1. Prior to revoking a logo permit, the Program Administrator shall issue a Notice of Noncompliance by certified mail. This notice shall state the noncompliance found and provide the following:
a. The permittee shall have 30 days from receipt of the Notice of Noncompliance to correct the noncompliance.
b. If corrective action is not accomplished within the 30-day period, the Program Administrator shall issue a notice of intent to revoke the permit.
2. The business logo sign shall be removed from the logo structure(s) after the revocation or denial action is final or after the final disposition of any request for an administrative proceeding pursuant to Chapter 120, F.S. The Program Administrator shall reimburse the business for the unexpired term of the business logo sign, permit, on a pro rata basis.
(f)(g) Cancellation. If a participant decides to no longer participate in the logo program, the participant must provide to the Program Administrator a written notice of its decision not to participate. Upon receipt of the notice, the Program Administrator will cancel the participants permit and remove the participants business logo sign.
(13) through (13)(b) No change.
Specific Authority 479.08, 479.261, 334.044(2) FS. Law Implemented 334.044(28), 479.08, 479.261 FS. HistoryNew 6-26-85, Formerly 14-85.04, Amended 3-20-91, Amended 10-10-96, 12-31-96, 10-8-97, 5-25-99, 8-31-99, 7-15-02, 1-7-03, 11-30-04, 3-29-05, 12-25-05,________.
