Rule Chapter 14-85 is being amended to conform to recent legislative changes to Section 479.261, F.S., authorizing the expansion of the LOGO sign program from interstates to all limited access facilities. Unnecessary language has been eliminated ...

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-85.013Definitions

14-85.015Qualification of Interchanges

14-85.017Logo Structures

14-85.019Business Logos and Dual Business Logos

14-85.021Qualification of Businesses

14-85.022Permits

14-85.023Priority of Applications

14-85.024Permit Renewal

PURPOSE AND EFFECT: Rule Chapter 14-85 is being amended to conform to recent legislative changes to Section 479.261, F.S., authorizing the expansion of the LOGO sign program from interstates to all limited access facilities. Unnecessary language has been eliminated and rule provisions have been clarified.

SUMMARY: Rule allows for the expansion of the LOGO sign program from interstates to all limited access facilities. Unnecessary language has been eliminated and rule provisions have been clarified. A provision for dual business signs is being eliminated to comply with a federal standard that only one business be listed on an individual LOGO panel. Fees for the display of symbols indicating a business is RV friendly or that a gas business is handicap accessible are being eliminated. A fee credit for permits during declared emergencies is being eliminated as redundant and burdensome.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The LOGO program is a provides a voluntary, cost-effective method of directing motorists to qualified businesses. The rule amendment does not increase annual fees established in 2010.

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.

RULEMAKING AUTHORITY: 334.044(2), 479.261(7) FS.

LAW IMPLEMENTED: 479.261 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station #58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-85.013 Definitions.

For purposes of All terms in this rule chapter shall have the same meanings as defined in Section 479.261, F.S. Additionally, the following terms are defined:

(1) “Attraction” means as defined in Section 479.261(1), F.S.

(2)(1) “Business” means a commercial establishment providing gas, food, lodging, or camping services, or attractions, and other services located at a single site qualified interchange, as authorized by the Manual on Uniform Traffic Control Devices, incorporated herein by reference in Rule 14-15.010, F.A.C.

(3)(2) “Business Logo” means a sign mounted on the display panel of a logo structure showing the name, symbol, trademark, or combination thereof for a business within a category of motorist services available at an interchange.

(4)(3) “Category” means the motorist services of gas, food, lodging, camping, and attractions attraction, and other services, as authorized under the Manual on Uniform Traffic Control Devices.

(5)(4) “Combination Logo Structure” means a logo structure designed to display a combination of business logos in two or no more than three categories.

(6)(5) “Crossroad” means a road intersecting the limited access facility interstate highway to which access is provided by means of an interchange.

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

(8)(7) “Display Panel” means the facing or surface of a logo structure to which business logos are affixed.

(8) “Double Exit Interchange” means an interchange configuration where, for a given direction of travel on the mainline, two exit ramps provide access to the crossroad, one for each direction of travel on the crossroad.

(9) “Dual Business Logo” means a logo displaying two businesses located under the same roof.

(9)(10) “Exit Ramp” means the traffic lane or lanes at an interchange on a limited access facility an interstate highway leading from the mainline to the crossroad.

(11) “Full Size Logo Structure” means a mainline or ramp logo structure capable of displaying six business logos.

(12) “Half Size Logo Structure” means a mainline or ramp logo structure capable of displaying three business logo signs.

(10)(13) “Logo Structure” means the support columns and display panel upon which separate business logos may be displayed. A full size logo structure is capable of displaying six business logos. A half size logo structure is capable of displaying three business logos.

(11) “Limited Access Facility” means as defined in Section 334.03, F.S., and includes interstate highways.

(12)(14) “Logo Trailblazer Signs” means signage in addition to mainline and ramp logo structures necessary to provide additional direction to otherwise qualifying businesses that are not located on, or visible from, the crossroad. Logo trailblazer signs shall consist of a business logo identical to a ramp business logo, a directional arrow, and supports.

(13)(15) “Mainline” means the traffic lanes on the limited access facility Interstate Highway System intended for through travel.

(14)(16) “Mainline Business Logo Structure” means those logo structures located along the mainline.

(15)(17) “Permit” means written authorization for the display of a business logo.

(16)(18) “Permittee” means legal company/owner name to which a permit is issued.

(17)(19) “Prepared Food” means hot or deli style food prepared on site.

(18)(20) “Program Administrator” means the contractor hired by the Department to provide services relating to the logo sign program.

(19)(21) “Project Manager” means the Department employee with oversight responsibility for the program.

(22) “Qualified Interchange” means an interchange that meets the requirements of Rule 14-85.015, F.A.C.

(20)(23) “Ramp Logo Structure” means those logo structures located along an exit ramp.

(24) “Rural Area” means all areas outside an urban area.

(25) “Sign Configuration” means the arrangement of the logo categories on a display panel.

(26) “Single Exit Interchange” means an interchange configuration where, for a given direction of travel on the mainline, one exit ramp provides access to the crossroad for both directions of travel on the crossroad.

(21)(27) “Traffic Control Device” means all signs, signals, markings, and devices placed on, over, or adjacent to a street or highway by authority of a public body or official having jurisdiction to regulate, warn, or guide motorists, as defined by the Manual on Uniform Traffic Control Devices incorporated by Rule 14-15.010, F.A.C.

(22)(28) “Urban Area” means as defined in Section 334.03(32), F.S.

(23)(29) “Wait List” means a compilation of businesses, by individual category, which have applied to participate in the logo program at a particular interchange at which there is currently no space available. Wait lists are maintained by interchange, category and application date.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 334.044(2), 479.261 FS. History–New 12-15-09, Amended____.

 

14-85.015 Qualification of Interchanges.

(1) Interchanges on limited access facilities the Interstate Highway System are qualified for the logo sign program when spacing requirements allow at least one logo structure on the mainline and one corresponding ramp logo structure, in addition to all necessary traffic control devices for each direction of travel on the mainline.

(2) An interchange on a limited access facility the Interstate Highway System is qualified only when the interchange configuration allows a motorist to exit and reenter the limited access facility Interstate Highway System and continue in the same direction of travel.

(3) Interchanges are no longer qualified when either the spacing requirement or the configuration requirement cannot be met as a result of Department action. Either the Department or the Program Administrator shall relocate or remove logo structures.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(2), 479.261(7) FS. History–New 12-15-09. Amended_______.

 

14-85.017 Logo Structures.

(1) through (7) No change.

(8) A maximum of two dual business logos shall be displayed on any one logo structure.

(8)(9) The display panel of mainline logo structures shall be:

(a) 15 feet wide by 10 feet high for a full size mainline logo structure;

(b) 15 feet wide by 6 feet high for a half size mainline logo structure;

(c) 15 feet wide by either 8 or 12 feet high for a combination mainline logo structure.

(9)(10) The display panel of ramp logo structures shall be:

(a) 8 feet wide by 7 feet high for a full size ramp logo structure;

(b) 8 feet wide by 4 feet high for a half size ramp logo structure;

(c) 8 feet wide by 8 feet high for a combination ramp logo structure.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(2), 479.261(7) FS. History–New 12-15-09, Amended______.

 

14-85.019 Business Logos and Dual Business Logos.

(1) Mainline business logos and mainline dual business logos shall be constructed of metal and shall be 48 inches wide and 36 inches high. Letters shall be at least 10 inches high, whether capital or lowercase. However, when only a symbol or trademark is used on the business logo, any legend on the symbol or trademark shall be proportional to the size customarily used on the symbol or trademark.

(2) Ramp business logos and ramp dual business logos shall be constructed of metal and shall be 24 inches wide and 18 inches high. Letters shall be at least 6 inches high, whether capital or lowercase. However, when only the symbol or trademark is used, any legend on it shall be proportional to the size customarily used on the symbol or trademark.

(3) Dual business logos may only be displayed where space is not available for the display of separate business logos.

(3)(4) All supplemental messages shall be displayed within the business logo. Supplemental messages may include DIESEL, 24 HOURS, CLOSED AND THE DAY OF THE WEEK, ALTERNATE FUELS, RV, and the handicapped symbol.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(1), 479.261(7) FS. History–New 12-15-09, Amended________.

 

14-85.021 Qualification of Businesses.

(1) To qualify for participation in any category, a business must be open and operating and meet all of the following conditions:

(a) through (c) No change.

(d) Be within a category set forth in subsection 14-85.013(4), F.A.C., and meet the requirements applicable to that category, including distance from the qualifying interchange. The distance will be measured along the crossroad from the point where the crossroad intersects with the centerline of the limited access facility interstate highway median to the nearest entrance to the premises of the business.

(e) No change.

(2) through (3) No change.

(4) RV (Recreational Vehicle) Friendly.

(a) No change.

(b) RV friendly symbol design and placement.

1. The design of the RV friendly symbol is a 12-inch diameter retroreflective yellow circle with a 1/2-inch approved non-reflective black border as prescribed in Table 2A and Figure 2J-4 of the Manual for Traffic Control Devices incorporated by Rule 14-15.010, F.A.C. The yellow background sheeting will be AASHTO Type III Sign Sheeting (High Intensity). The black upper case letters “RV” are inside the circle and are 8 inches in height and will be approved non-reflective black.

2. The RV friendly symbol shall be located in the lower right-hand corner of the business logo.

3. The RV friendly symbol shall only be displayed on mainline logo structures.

(c) RV friendly participation.

1.through 4. No change.

5. Upon application, the business will be charged a one-time fee of $100.00 for each RV friendly symbol displayed.

(5) Gas. To qualify for a business logo in the gas category, an existing business must meet all of the following conditions:

(a). Operate year round at least 16 hours per day, 360 days a year. However, a business that meets all other qualifications but maintains operating hours less other than 16 hours per day will be permitted to display a business logo in the gas category if it meets all of the following conditions:

1. through 3. No change.

(b) through (d) No change.

(6) Accessibility. Any full or self service gas business interested in providing gas pumping service to motorists with disabilities during the hours the business is open, may display the International Symbol of Accessibility for the Handicapped (Symbol D9-6 of the D9-5 Manual on Uniform Traffic Control Devices incorporated by Rule 14-15.010, F.A.C.) on its business logo. The symbol shall be a minimum of 6 inches wide by 6 inches high and a maximum of 8 inches wide by 8 inches high for the mainline business logo. These dimensions shall be reduced by one half for corresponding ramp business logos. The symbol shall be located in the upper left hand corner of the business logo in a manner in which it touches both the business logo and the display panel and is positioned in such a way as to cause minimal interference with the artwork. Permitted gas category businesses may apply to use this symbol on their business logos at any time. A new participant may elect to participate when the first permit fee payment is submitted.

(a) Gas category businesses interested in providing gas pumping services to motorists with disabilities should contact the Program Administrator. In order to participate, a gas business shall meet all of the following conditions:

1. through 2. No Change.

(b) No Change.

(7) Food. To qualify for a business logo in the food category, an existing business must meet all of the following conditions:

(a) Be licensed in accordance with Sections 500.12 or 509.241 Chapter 500 or 509, F.S., and serve prepared food.

(b) through (e) No Change.

(8) Lodging. To qualify to display a business logo in the lodging category, an existing business must meet both of the following conditions:

(a) Be licensed in accordance with Section 509.241 Chapter 509, F.S.

(b) Be located within six miles of the interchange.

(9) Camping. To qualify for a business logo in the camping category, an existing business shall hold a permit under the provisions of Section 513.07 Chapter 513, F.S., and must be located within fifteen miles of the interchange.

(10) Attraction. To qualify for a business logo in the attraction category, an existing business must meet all of the following conditions:

(a) through (b) No change.

(c) Be publicly recognized as a bona fide tourist destination. A bona fide tourist destination shall have, and keep current, all legally required permits and licenses, and comply with all laws concerning the provision of public accommodations pursuant to subsection 14-85.021(1), F.A.C.

(d) through (g) No change.

(11) Other permissible Services, as authorized by the Federal Highway Administration and in compliance with the Manual on Uniform Traffic Control Devices, shall be permitted.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(1), 479.261(1)(a), 479.261(1)(b), 479.261(7) FS. History–New 12-15-09, Amended_______.

 

14-85.022 Permits.

(1) No change.

(2) Permit Fees.

(a) The following charts show the groupings for both AADT and population. Annual fees for participation in the Logo Sign Program are computed based upon the Annual Average Daily Traffic (AADT) at each interchange, the population of the area surrounding the interchange, market conditions, and the costs of the program. The following charts show the groupings for both AADT and population:

 

AADT Grouping
>	<=	Group
0	30,000	0
30,000	75,000	1
75,000	175,000	2
175,000		3

 

Population Grouping
>=	<	Group
0	5,000	1
5,000		2

 

 

 

 

 

 

 

 

The following chart shows the weighted values assigned to each factor:

 

Fee Formula Factors
AADT	230
Population	400
Cost	1000

 

 

 

 

 

 

 

 

 

The fee for each interchange is computed as follows:

(AADT Group x AADT Factor) + (Population Group x Population Factor) + Cost Factor

Under no circumstances shall calculated fee exceed $3500.00 for an interchange in an urban area, or $2500.00 for an interchange outside an urban area.

EXAMPLE: For an interchange with an AADT of 60,000 and a population of 75,000, the fee is computed as follows:

AADT Group = 1

Population Group = 2

(1 x 230) + (2 x 400) + 1000 = $2,030

The fees calculated above are for a mainline logo sign and ramp logo signs in both directions of the limited access facility interstate. At interchanges where the configuration only allows access to the business in a single direction, one mainline logo sign and one ramp logo sign will be provided and the fee will be one-half (1/2) that computed for both directions.

(b) An annual permit fee of $1,300.00 is established for all interchanges located within the boundaries of rural communities designated as within a rRural aArea of opportunity Critical Economic Concern (RACEC) as defined by Section 288.0656(2)(d) and (e), F.S. The list of rural communities and areas designated as rural area of opportunity RACEC is published by the Governor’s Office of Tourism, Trade and Economic Development. The rural area of opportunity RACEC status will be that which is in effect at the time the invoice for either the initial or renewal billing for participation in the Logo Sign Program is generated. If a rural area of opportunity RACEC designation is secured subsequent to the generation of the invoice, no refund, credit, or pro rata distribution of funds received by the Department for that year will be made to the permittee.

(c) No change.

(d) For calendar year 2010, the annual permit fees shall be reduced to conform to the formula shown above. Each business that has paid a 2010 annual permit fee in excess of the reduced annual fee amount shall be issued a credit for the excess amount. Such credits shall apply to the permitted location only and shall be applied against future permit renewals. No refunds shall be provided. Businesses which cancelled or did not renew participation for 2010, and for which space is available on the display panel, shall be provided a notice allowing thirty (30) days to reinstate participation in the program. Reinstatement shall be granted upon receipt of payment of an amount equal to 75% of the annual permit fee amount as computed from the above formula.

(e) For any business located within a threatened area as identified in a Proclamation or Executive Order declaring a State of Emergency pursuant to Section 252.36(2), F.S., the annual permit fee shall be reduced to $83.33 per month ($1,000 per year) during existence of the state of emergency. For businesses which are signed in a single direction, the fee shall be reduced to $41.67 per month ($500 per year). If the Proclamation or Executive Order is issued after fees have been paid for the year, the business will be issued a credit for any excess amount paid. Such credits shall apply to the permitted location only and shall be applied against future permit renewals. No refunds shall be provided. If the State of Emergency is terminated after payment is received for the annual permit fees, the business shall be billed for any difference between the fee paid and the prorated annual permit fee and shall have thirty (30) days to pay such additional amount.

(d)(f) The permit fee will be prorated with 1/12 of the permit fee charged for each month or portion thereof remaining in the calendar year after the date of approval of an application. The fee for an application approved after September 30 will also include the fees for the next calendar year.

(3) A full service or self service gas business providing gas pumping service to motorists with disabilities and wishing to display the International Symbol of Accessibility for the Handicapped (Symbol D9-5 Manual on Uniform Traffic Control Devices) on its business logo, the business will be charged a one-time additional fee of $100 per display panel, payable in advance.

(3)(4) When a participating business wishes to change a business logo, there will be a $100 change-out fee for each business logo, payable in advance.

(4)(5) Initial Permit Application. A business applying to display a business logo must submit a completed Logo Sign Permit Application on Form 575-070-35, Rev. 3/12, 575-070-34, Rev. 12/09, incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-05110, to the Program Administrator. A Logo Sign Permit Application may be obtained at http://www.dot.state.fl.us/rightofway/Documents.shtm.

(5)(6) Completed applications will be acted upon within 30 days of receipt. Written notice of the decision will be furnished to the applicant.

(6)(7) Permit fees must be received by the Program Administrator within 30 days of the notification of permit approval.

(7)(8) After notification of approval, the applicant shall be responsible for providing the Program Administrator with all required business logo signage.

(8)(9) The business logo will generally be affixed to the display panel within 30 days of receipt of the business logo or the permit fee, whichever is later.

(9)(10) When space is not available on a logo structure for a qualified business, the business will be placed on a waiting list in each individual category in the order in which the application was received. When space becomes available, notice will be provided to the business with the highest priority, providing the business 30 days within which to submit an updated application for processing an application in accordance with this section.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(4), 479.261(5) FS. History–New 12-15-09, Amended 11-8-10,__________.

 

14-85.023 Priority of Applications.

(1) For gas, food, and lodging categories only, applications received for businesses within three miles of an interchange shall have priority over businesses that are within three to six miles of that interchange.

(2) Active permits permit holders retain priority over other applications, except when retaining priority would conflict with subsection 14-85.021(1), F.A.C.

(3) Initial permit applications will be assigned priority based upon the date and time of receipt by the Program Administrator. The application received earliest will be given the highest priority subject to subsections 14-85.021(1) and (2), F.A.C. Processing will be in order of assigned priority. A business that fails to submit an updated application within 30 days of notice that space has become available shall be deemed to have withdrawn its application. The business shall resubmit the application in order to be assigned priority. Priority shall be based upon the date and time of receipt of the resubmitted application.

(4) Acceptance of an application and assignment of processing priority does not constitute approval of the application. Approval or denial of applications will be granted after processing is complete.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(7) FS. History–New 12-15-09, Amended________.

 

14-85.024 Permit Renewal.

(1) Each year a dated renewal billing shall be sent to current permittees specifying the permit fee amount, due date, limited access facility Interstate and interchange location, number of panels, and name on the business logo.

(2) through (4) No change.

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(4) FS. History–New 12-15-09, Amended 4-29-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert Jessee, Manager, Outdoor Advertising and LOGO

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 29, 2014