RULE NO: RULE TITLE
14-10.025: Wall MuralsNotice 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. 34, No. 8, February 22, 2008 issue of the Florida Administrative Weekly.
SUMMARY OF CHANGE: Proposed Rule 14-10.025, F.A.C. is being amended, including new language not included in the notice of rulemaking, deletion of previously proposed language, renumbering of subsections, and addition of Law Implemented citations.
A rule hearing was conducted as scheduled in the notice of rulemaking. Challenges to the proposed rule have been filed with the Division of Administrative Hearings.
NOTE: Although this is a proposed new rule, which would be totally underlined, the newly proposed changes are shown with the traditional add and delete coding in order to highlight changes from the previously proposed language to the revised language.
The following text reflects the proposed changes:
14-10.025 Wall Murals.
(1) Department approval of wWall murals displaying commercial messages within 660 feet of the right of way of an interstate or federal aid primary highway may be obtained either by compliance with local sign control in municipalities or counties exercising such control pursuant to subsection (2) of this rule or by direct approval as set forth in subsection (3) of this rule must obtain Department approval prior to installation.
(2) In order to exercise local sign control over wall murals pursuant to 23 USC 131(d), 23 CFR 750.706(c) and the Agreement between the State of Florida and the United States Department of Transportation (Federal/State Agreement), a municipality or county must demonstrate to the Department that it has established and will enforce regulations with criteria governing the size, lighting, and spacing of signs consistent with the intent of the Highway Beautification Act of 1965 and with customary use. Customary use means the predominant, usual practice with regard to size, lighting, and spacing of signs existing in the municipality or county as of the date of the Federal/State Agreement, being January 27, 1972.
(a) Upon Department acceptance of a municipality or county’s exercise of local control, the Department will notify the Federal Highway Administration pursuant to 23 CFR 750.706(c). The Department will monitor the municipality or county for continuing effective local control.
(b) Exercise of local control will be disallowed if the municipality or county fails to enforce its regulations or if the Federal Highway Administration notifies the Department of an intent to impose the penalty provided for in 23 USC 131(b) because the exercise of local control by the municipality or county has resulted in a of loss of effective control of outdoor advertising.
(c) Wall murals maintained in violation of local control requirements are illegal signs subject to local enforcement and removal in accordance with Section 479.105, F.S.
(3)(2) In municipalities or counties which permit and regulate wall murals but which do not exercise local sign control as a described above, A application for approval of a wall mural is made by completing and submitting the form Application for Wall Mural Approval, Form 575-070-31, Rev. 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 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 municipality or county 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 municipality or county local government approving the placement of the wall mural as described in the Application,
3. A copy of the municipality or county 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 for the initial fee in the amount set forth in Rule 14-10.0043, F.A.C., for outdoor advertising permit fees.
(d)(3) In order to be approved by the Department, all the following requirements must be met:
1.(a) The property on which the wall mural is to be located must be zoned for commercial or industrial uses.
2.(b) The height of the mural may not exceed 30 feet.
3.(c) The width of the mural may not exceed 60 feet.
4.(d) The total area of the mural may not exceed 1,200 square feet.
5.(e) Wall murals must meet minimum spacing 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.
6.(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)2. through (3)6, the applicant must demonstrate that the wall mural constitutes a customary use which was a widespread, long-standing and common general practice within the local jurisdiction on the date of enactment of the federal Highway Beautification Act of 1965, 23 U.S.C. Sec. 131, and the agreement between the State of Florida and the United States Department of Transportation which implements outdoor advertising control pursuant to the requirements of that Act.
7.(h) An annual fee in the amount established in Rule 14-10.0043, F.A.C., for outdoor advertising permit fees must be paid.
8.(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.
(e)(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 339.05, 479.02, 479.07, 479.15, 479.156 FS.
