14-85.004: Logo Sign Program
PURPOSE AND EFFECT: Rule 14-85.004, F.A.C., Logo Sign Program is being revised for clarity and consistency relating to business participant eligibility criteria, fees, and transfers of logo permits and applications.
SUMMARY: The rule is being amended to include clarification to existing language, new and revised definitions, adjustments to fees relating to handicapped symbols on logo signs, revisions to the distance criteria for camping and attraction business categories, implementation of a fee to cover costs associated with changing business logos, and clarifying the process for transferring business logo permits and applications.
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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 18, 2008, 9:00 a.m.
PLACE: Department of Transportation, Haydon Burns Building Auditorium, 605 Suwannee Street, Tallahassee, Florida
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) Purpose.
(a) The Department is responsible for establishing a logo program pursuant to Section 479.261, F.S.
(b) Logo structures will be installed upon the request of a qualified business and when the Department determines that the cost of the construction is justified by anticipated use, or when a qualified business pays the cost of installation.
(2)(1) Definitions.
(a) Annual Permit Renewal means the process of requalifying businesses with existing permits by December 1 each year to allow for continued participation in the program.
(b) Attraction means an establishment as defined by Section 479.261(1)(a), F.S.
(c)(b) Business means an attraction or a commercial establishment providing, which provides gas, food, lodging, or camping, or attraction services permitted under the federal Manual on Uniform Traffic Control Devices from a single site at a qualified interchange.
(d)(c) Business Logo Sign means a sign board mounted on the display panel of a logo structure showing the name, symbol, trademark, or combination thereof for a category of motorist services available at an interchange.
(e)(d) Category means the motorist services of gas, food, lodging, camping, or attraction.
(f)(e) Combination Logo Structure means a logo structure designed to display more than one a combination of business logo category. signs in no more than three categories in the following configurations:
1. 15' x 12' 4/2 or 2/4 two-category combination, with business logo signs in each of the two categories placed together.
2. 15' x 12' 2/2/2 three-category combination, with business logo signs in each of the three categories placed together.
3. 15' x 8' 2/1 two-category combination, with business logo signs in each of the two categories placed together.
4. 15' x 12' 3/3 two-category combination, with three business logo signs in each of the two categories placed together.
(g)(f) Crossroad means a road intersecting the interstate highway to which access is provided by means of an interchange.
(h) Department means the Florida Department of Transportation.
(i)(g) Display Panel means the facing or surface of a sign which is mounted on the support columns logo structure to which business logo signs are affixed.
(j)(h) 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.
(k)(i) Exit Ramp means the traffic lane or lanes at an interchange on an interstate highway leading from the mainline to the crossroad.
(l)(j) Full Size Logo Structure means a mainline or ramp logo structure capable of displaying six business logos signs.
(m)(k) Half Size Logo Structure means a mainline or ramp logo structure capable of displaying three business logos signs.
(n)(l) Initial Permit means written authorization for the display of a new business logo sign.
(o)(m) Logo Structure means the support columns and display panel upon which separate business logos signs may be displayed.
(p)(n) 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 sign, identical to a ramp business logo sign, a directional arrow, and supports.
(o) Mainline means the traffic lanes of an Interstate highway intended for through travel.
(q)(p) Mainline Logo Structure means those logo structures located along the traffic lanes of the Interstate Highway System intended for through travel mainline.
(r)(q) Prepared Food means hot or deli style food prepared to order on site.
(s)(r) Program Administrator means the entity or Department employee responsible for managing contractor providing all services relating to the logo program pursuant to a contract under Section 479.261(4), F.S.
(s) Ramp Logo Structure means those logo structures located along an exit ramp.
(t) Qualified Interchange means an interchange that meets the requirements of subsection (3) of this rule.
(u) Ramp Logo Structure means those logo structures located along an exit ramp.
(v) Replacement means the process whereby a business logo of a qualified business on a wait list takes the place of a disqualified or cancelled businesss logo on a display panel.
(w)(u) RV friendly means businesses that can accommodate over-sized recreational vehicles by satisfying the facility and access criteria set forth in paragraph (8)(10)(d).
(x)(v) 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.
(y)(w) Traffic Control Device Signs 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.
(z) Transfer means the process of changing an existing logo permit or application to reflect either a change in ownership of the business or a change in the name of the business within the same category.
(aa) 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 on a display panel.
(2) Responsibilities of Program Administrator and Department.
(a) Subject to paragraph (2)(b), the Program Administrator is responsible for administering all provisions of this rule, including the receipt of applications and renewals and the issuance of notices.
(b) The Department is responsible for interpretation of Section 479.261, F.S., and this rule, and is responsible for all proceedings under Chapter 120, F.S.
(3) Qualification of Interchanges. Interchanges on the Interstate Highway System are qualified when:
(a) Minimum sign spacing distance allows at least one mainline logo structure and one ramp logo structure on the exit ramp in addition to all necessary traffic control devices for each direction of travel on the mainline. All interchanges with logo structures erected or approved as of May 23, 1996, are qualified.
(b) The interchange configuration allows a motorist to exit, as well as re-enter and continue in the same direction, the Interstate Highway System. Additional interchanges on the Interstate highway system will be qualified when minimum sign spacing distance allows at least one logo structure on the mainline and one logo structure on the exit ramp in addition to all necessary traffic control signs for each direction of travel on the mainline.
(c) An interchange is qualified only when the interchange configuration allows a motorist to exit, as well as reenter the Interstate highway and continue in the same direction of travel.
(d) Interchanges, including those with logo structures erected or approved as of May 23, 1996, become unqualified when either the spacing requirements in paragraph (b) or the configuration requirement in (c), above, is no longer met as a result of Department action pursuant to Section 479.261(6), F.S. The Department or the Program Administrator shall relocate or remove logo structures when deemed necessary by the Department, pursuant to Section 479.261(6), F.S.
(4) Mainline Logo Structures.
(a) The number of logo structures along an approach to an interchange, regardless of the number of categories displayed, shall be limited to a maximum of four. Approaching the interchange, the successive order of logo categories that may be displayed in permitable combinations on the four logo structures shall be attraction, camping, lodging, food, and gas. No category shall appear on more than one logo structure. If spacing is unavailable on the four logo structures for all five categories in a permitable combination, category preference shall be given first to gas, then to food, lodging, camping, and attraction, respectively.
(b) At interchanges where sufficient logo structures exist to accommodate all categories of qualified businesses, preference shall be given in the successive order of gas, food, lodging, camping, and attraction.
(c) Where spacing does not permit the maximum number of logo structures, combination logo structures shall be used.
(d)(b) Combination logo structures shall be constructed in one of the following configurations: used when spacing is unavailable for separate structures for all business categories for which applications have been submitted. The configuration of the logo structures shall be determined by the priority order established in paragraph (4)(a) above, and the number of applicant businesses in each category which have been qualified for participation at the time the structure is erected. A combination logo structure displaying two business logo signs in each of the three categories (2/2/2) shall not be constructed at an interchange where more than two qualified gas or food businesses have applied, in order to preserve the priority of businesses which provide services in the categories of gas and food.
1. 15' x 12' 4/2 or 2/4 two-category combination, with business logos in each of the two categories placed together.
2. 15' x 12' 2/2/2 three-category combination with business logos in each of the three categories placed together.
3. 15' x 8' 2/1 two-category combination, with business logos in each of the two categories placed together.
4. 15' x 12' 3/3 two-category combination with three business logos in each of the two categories placed together.
(e)(c) The display panel of mainline logo structures for all categories shall be a rectangle 15 feet wide by 10 feet high for a full size mainline logo structure, 15 feet wide by 6 feet high for a half size logo structure, and 15 feet wide by either 12 feet or 8 feet high for a combination logo structure.
(5) Ramp Logo Structures.
(a) The number of logo structures on an exit ramp shall be limited to a maximum of four. A business logo sign shall be permitted on exit ramp logo structures for each business logo sign permitted on mainline logo structures.
(b) If space is unavailable for logo structures for five categories of service, preference shall be given in priority order to the categories of gas, food, lodging, camping, and attraction.
(b)(c) The display panel of ramp logo structures shall be 8 feet wide by 7 feet high for a full size ramp logo structure, 8 feet wide by 4 feet high for a half size ramp logo structure, and 8 feet wide by 8 feet high for a combination ramp logo structure.
(6) Placement of Business Logo Signs on Logo Structures. The initial arrangement of business logo signs on each logo structure shall be from left-to-right, top-to-bottom, based upon the date of issuance of the permit. When a business logo sign is removed, the next business logo sign to be displayed will be placed in the location of the removed business logo sign.
(6)(7) Business Logos Signs on Mainline Logo Structures.
(a) No more than six business logos signs shall be allowed on any logo structure.
(b) No category shall appear on more than two mainline logo structures a total of six business logo signs shall be allowed for any category.
(c) Arrangement of business logos on the display panel of a mainline logo structure shall be based on the most efficient use of the display panel and not the priority of the wait list or length of time a business may have been participating in the program.
(d) If spacing is unavailable on a mainline logo structure for all categories with pending applications for the interchange, display panels shall be configured to best accommodate as many categories as practicable with consideration given to the priority order listed in paragraph (4)(b) above. If six business logos of a category are displayed at the interchange approach, additional business logos for that category will be displayed only if additional space is available and there are not any pending applications from subsequent categories in the order of preference listed in paragraph (4)(b) above.
(e) At interchanges with pending applications in more than one category, at least one mainline logo structure shall be configured as a combination sign to best accommodate categories not already represented at the interchange.
(f) When a business logo is removed the next business logo in line on the wait list in the same category, in order of priority established by date of application, will be displayed on the display panel, subject to paragraphs (6)(e) and (9)(b) of this rule.
(g)(c) Business logos signs on mainline logo structures 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 logo sign, any legend on the symbol or trademark shall be proportional to the size customarily used.
(7)(8) Business Logos Signs on Ramp Logo Structures.
(a) No more than six business logos shall be allowed on any ramp logo structure.
(b) No category shall appear on more than two ramp logo structures.
(c) Business logos signs on ramp logo structures 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.
(8)(9) Installation and Maintenance of Logo Structures and Signs. Except as provided herein, all logo structures and business logos signs shall be installed and maintained in accordance with the Manual on Uniform Traffic Control Devices, which is incorporated by reference in Rule 14-15.010, F.A.C. The Program Administrator shall have removed, replaced, or covered any business logo sign that no longer meets Department standards.
(9)(10) Qualification of Businesses.
(a) To qualify for a business logo sign in any category, a business must be open and operating and meet all of the following conditions:
1. Hold all necessary licenses and permits to provide services required to qualify for the category being displayed.
2. Comply with laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin, and allow admission to the general public. A business shall not qualify if admission or access is based on a membership fee or other means of exclusive admission or where minors are excluded.
3. Provide on-site, modern sanitary facilities and a telephone for use by motorists.
4. Fall within a category set forth in paragraphs (9) (10) (e)(d) through (i), and meet the requirements applicable to that category, including distance from the qualifying interchange. The qualifying interchange will be measured from the point where the crossroad intersects with the centerline of the Interstate highway median, along the crossroad to the nearest entrance to the premises of the business.
5. Be located on or visible from the crossroad so that a motorist can immediately discern the type of service provided. However, a business which meets all other qualifications but is not located on or is not visible from the crossroad will be permitted to display a business logo sign subject to all of the following conditions:
a. The business demonstrates that additional signs are in place which are adequate to direct the motorist to its location. Such signs shall be maintained at all times while the business logo sign is displayed.
b. The business furnishes logo trailblazer signs to the program administrator at its own cost.
I. If a logo trailblazer sign is to be placed on a city or county road, written approval must be obtained from the local government entity having authority for sign placement prior to installation of the logo trailblazer sign.
II. Logo trailblazer signs shall consist of a business logo identical to a ramp business logo, a directional arrow, and supports.
III. Logo trailblazer signs shall be maintained by the Program Administrator.
c. Space is available to display the business logo sign on an existing logo structure.
(b) A business qualified in the category categories of gas, food, or lodging, only, which is located between three and six miles from the interchange will be granted a permit for a business logo sign if fewer less than six permits have been issued for businesses within three miles of the interchange for that category. A permit for a business logo sign issued for a business located between three and six miles of the interchange will not be renewed at the next billing date if six businesses located within three miles of the interchange have been qualified for logo permits.
(c) A business shall qualify to display for a business logo sign in one direction only and at one half the standard annual permit fee if any of the following conditions are met:
1. The business is located at an interchange that serves one direction only.
2. The business is located at an interchange serving both directions, but the business can only serve motorists traveling in one direction because of the interchange configuration.
3. The business is located at an interchange serving both directions, but the business can only be signed in one direction because of sign spacing.
4. The business is using supplemental signing in one direction and supplemental signing in the other direction is not available.
(d) RV friendly.
1. Any participating businesses which provide the following minimum facilities listed below will be granted a permit to display the RV friendly symbol on their business logo.
a. Roadway access and egress must be hard surface, free of potholes, and at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility.
b. Roadway access, egress, and parking facilities must be free of any electrical wires, tree branches, or other obstructions up to 14 feet above the surface.
c. Facilities requiring short-term parking, such as restaurants or tourist attractions, are required to have two 2 or more parking spaces that are 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces.
d. Fueling facilities with canopies are required to have a 14-foot clearance, and those selling diesel fuel are required to have pumps with non-commercial nozzles.
e. Fueling facilities must allow for pull-through with a swing radius of 50 feet.
f. For campgrounds two 2 or more spaces that are 18 feet wide and 45 feet long are required.
g. Businesses must post directional signing on their sites, as needed, to those RV friendly parking spaces and other on site RV friendly services, so that the motorist is given additional guidance upon leaving the public highway and entering the business establishments property.
2. RV friendly symbol design and placement.
a. The design of the RV friendly symbol is a 12-inch diameter, yellow circle with a 1/2-inch approved non-reflective black border. 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. If necessary for mounting, the sheeting may be attached to an aluminum circle.
b. The When used, the RV friendly symbol shall be is located in the lower right-hand corner of the business logo in a manner in which it touches both the business logo and the blue sign panel.
c. The RV friendly symbol shall not overlap other business logos.
d. The RV friendly symbol shall only be displayed on mainline logo structures.
3. RV friendly participation.
a. Businesses interested in providing this service should contact the Program Administrator.
b. Businesses in all categories may apply to use the RV friendly symbol on their business logos signs any time during their permit period.
c. The Program Administrator will inspect the business to assure compliance with the RV friendly qualifying criteria.
d. If a business subsequently fails to satisfy the RV friendly criteria, the RV friendly symbol will be removed by the Program Administrator.
4. Fees. Upon application, the business will be charged an initial, one-time fee of $100.00 for each RV friendly symbol displayed.
(e) Gas.
1. To qualify to display for a business logo sign in the gas category, a business must be open and operating and 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 other than 16 hours per day will be permitted to display a business logo sign in the gas category if it meets all of the following conditions:
I. Space is available to display the business logo sign on an existing logo structure.
II. At least one business logo sign is displayed at the same interchange for businesses in the gas category operating year round at least 16 hours per day, 360 days a year.
III. The gas business with operating hours other than 16 hours per day must operate at least 12 continuous hour per day, 360 days a year.
b. Provide on-site vehicle services including, at a minimum: fuel, oil, water, and tire inflation.
c. Provide drinking water.
d. Be located within six three miles of the interchange.
2. Any full service or self service gas business willing to provide gas pumping service to motorists with disabilities during the hours the business is open shall display the International Symbol of Accessibility for the Handicapped (Symbol D9-5 Manual on Uniform Traffic Control Devices) on its business logo sign. 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 signs. 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 blue sign panel and shall be 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 signs at the next permit renewal date. A new participant may elect to participate when the first permit fee payment is submitted. Permit fees will be in accordance with subparagraphs14-85.004(10)(a)(11)(b)3.and 14-85.004 (10)(b) (11)(e)4., F.A.C.
3. Gas category businesses interested in providing this service should contact the Program Administrator. In order to participate, a gas business shall meet all of the following conditions:
a. An attendant is on duty who will pump gas for the motorist with disabilities without additional charge.
b. At least one gas pump is plainly identified with the International Symbol of Accessibility for the Handicapped, and with an explanation of the method by which the driver can notify an attendant of the need for assistance without exiting the vehicle.
c. Following the approval of the initial or renewed application, the Pprogram Aadministrator will fabricate and install the reflective metal construction symbols on the for two mainline signs and two ramp logo structures signs.
(f) Food. To qualify to display for a business logo sign in the food category, a business must be open and operating and meet all of the following conditions:
1. Be licensed in accordance with Chapter 500 or 509, F.S., and serve prepared food.
2. Be located within six three miles of the interchange.
3. Not require a cover charge for admittance.
4. Maintain continuous operating hours from at least 7:00 a.m. to 10:00 p.m., at least 360 days a year. A business which meets all other qualifications, but maintains operating hours other than 7:00 a.m. to 10:00 p.m., will be permitted to display a business logo sign in the food category so long as it meets all of the following conditions:
a. Space is available to display the business logo sign on an existing logo structure.
b. At least one business logo sign is displayed at the same interchange for businesses in the food category with continuous operating hours from at least 7:00 a.m. to 10:00 p.m.
c. The business must operate for at least six consecutive hours between 6:00 a.m. and 12:00 midnight, at least 360 days a year.
5. If a food business is qualified, except for the fact that the business is only open six days a week, that business will be allowed to participate as a fully qualified business. The business must identify the day it is closed on the business logo sign, e.g., Closed Sunday. The legend must be located in the lower one third of the business logo sign. The letters must be at least six 6 inches high. The color of the letters must be in contrast to the color of the background.
(g) Lodging. To qualify to display for a business logo sign in the lodging category, the business must be open and operating and meet both of the following conditions:
1. Be licensed in accordance with Chapter 509, F.S.
2. Be located within six three miles of the interchange.
(h) Camping. To qualify to display for a business logo sign in the camping category the business must be open and operating and meet all the following conditions.
1. Hhold a permit under the provisions of Chapter 513, F.S., and must
2. Bbe located within 15 fifteen miles of the interchange. If space is available on a display panel for additional camping business logos, the distance from the interchange will be extended a maximum of 30 miles; however, if space is limited, camping businesses within 15 miles of the interchange shall have priority.
(i) Attraction. To qualify to display for a business logo sign in the attraction category, a business must be open and operating and meet all of the following conditions:
1. Be open at least 5 days a week for 52 weeks a year.
2. Charge admission for entry.
3. Have, as its principal focus, family-oriented entertainment or cultural, educational, recreational, scientific, or historical activities.
1.4. Must be a Be publicly recognized as a bona fide tourist destination. A bona fide tourist attraction, the attraction shall maintain destination will have and keep current all legally required permits and licenses and comply with laws concerning the provision of public accommodations. pursuant to subparagraphs (10)(a)1. and 2. of the rule;
2. Wwill advertise to the general public additional ways other than the Logo Sign Program; and will comply with the conditions expressed in paragraph (10)(i) of this rule.
3.5. Provide adequate parking in accordance with local zoning ordinances.
4.6. Not be advertised or displayed on any other existing traffic control device such as a supplemental guide sign or overhead sign in the direction being signed.
5.7. Be located within 30 fifteen miles of the interchange.
(10)(11) Permitting.
(a) Permit Period. All permits shall expire annually on December 31. However, initial permits approved after September 30, will expire December 31 of the year following approval.
(b) Annual Permit Fees.
1. Annual permit fees for business logos shall be $1,000.00.
2.1. Payment of permit fees shall be by U.S. currency, postal money order, bank draft, cashiers check, personal check, or business check. If a personal or business check is not honored for any reason by the bank on which it is drawn, the application for which the fee was submitted will be denied. If an individual or company issues two or more checks to the Department or the Program Administrator which are not honored, no further personal or business checks will be accepted from that individual or company, regardless of whether restitution has been made on previous checks.
3.2. The annual For an initial permit application, the permit fee will be prorated with 1/12 of the annual permit fee charged for each month or portion thereof remaining in the calendar year after the date of approval of an the application. The fee for applications approved after September 30 will also include fees for the next calendar year.
4.3. A For an initial permit application for a full service or self service gas business providing willing to provide 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 for each symbol displayed, the permit fee for the initial year of participation will be $1,200. Subsequent annual permit renewal fees will be $1,000.
5.4. Permits for the attraction category shall be awarded by the Department annually to the highest bidder. However, the fees shall not be less than the fees established for logo participants in other logo categories. In the event of a tie, the affected parties will submit new bids for the location. Businesses seeking to be placed on the Departments qualified bidders list for the attraction category must submit a completed Logo Application for Attractions, Form Number FLI-163-1, Rev. 08/04, incorporated herein by reference to the address specified on the form. The Logo Application for Attractions, Form Number FLI-163-1, Rev. 08/04, may be obtained from the Program Administrator, Florida Logos, Inc., 3764 New Tampa Highway, Lakeland, Florida 33815. Applicants whose applications meet program requirements will be issued a PIN number and bidding instructions.
6. When a participating business wishes to change a business logo, there shall be a $100 change-out fee for each business on a display panel.
(c) Initial Permit Application.
1. A business applying to display for a business logo sign must submit a completed Florida Logo Sign Permit Application form to the Program Administrator, Form Number 575-070-034 FLI-163, Rev. 07/08 08/04, incorporated herein by reference, to the address specified on the form. A Florida The Logo Sign Permit Application form, Form Number FLI-163, Rev. 08/04, may be obtained from the Program Administrator.
1. Completed applications will be approved or denied within 90 days of receipt. A written notice of the approval or denial will be furnished to the applicant.
2. Permit fees must be received by the Program Administrator within 30 days of the notification of permit approval.
3. After notification of approval of the application, the applicant shall be responsible for providing the Program Administrator with all required business logo signage which meets the specifications provided herein.
4. The business logo sign will be affixed to the display panel by the Department or its agent within 30 days of receipt of the logo sign or the permit fee, whichever is later.
5. Whenever space is not available on a logo structure for a business logo sign, the Program Administrator shall review the application for distance pursuant to paragraph (9)(10)(b) above, and for operating hours pursuant to paragraph (9)(10)(f)4., and will place the business on a waiting list in each individual category in the order of the dates on which the application was they were received. A notice will be provided to the business indicating its position on the waiting list. When space becomes available, notice will be provided to the business with the highest priority allowing the business 30 days within which to submit an application in accordance with this section.
6. For gas, food, and lodging categories only, applications received for businesses within three miles of an interchange have priority over businesses that are within three to six miles of an interchange.
(d) Priority of Applications.
1. Each permit holder that timely applies for renewal under this rule will retain priority over other applicants, except when retaining priority would conflict with sub-subparagraph (9)(10)(a)5.b. paragraph (9)(b), or subparagraph (9)(h)2. of this rule.
2. Initial permit applications received after October 10, 1996, 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 paragraph (9)(b) and subparagraph (9)(h)2. of this rule.
3. All processing of permit applications will be in order of assigned priority. A business that fails to submit an application within 30 days of notice that space has become available will be deemed to have withdrawn its application and must resubmit its application in order to be assigned priority, which will be based on date and time of receipt as an initial permit application.
4. Acceptance of an application and assignment of processing priority does not constitute approval of an application. Approval or denial of applications will be granted after processing is complete.
(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.
(f) Transfers
1. Transfers are not allowed if there is:
a. A change in both ownership and business name; or
b. A change in category.
2. A transfer shall not change the status of the permit for a participating business or the status of a businesss application on a wait list.
3. A business wishing to transfer a business logo permit or application on a wait list shall submit a completed Logo Permit Transfer Request Form, Form Number 575-070-32, Rev. 07/08, incorporated herein by reference, or a Logo Wait List Transfer Request Form, Form Number 575-070-33, Rev. 07/08, incorporated herein by reference, to the Program Administrator at the address specified on the form. A Logo Permit Transfer Request Form or a Logo Wait List Transfer Request Form may be obtained from the Program Administrator.
(11)(12) Denial, 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.
(b) 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 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. 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:
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 entry of a Ffinal Order by the Department disposition of any request for an administrative proceeding pursuant to Chapter 120, F.S. The Program Administrator shall reimburse the business for the permit fees 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 entry of a Ffinal Order by the Department disposition of any request for administrative hearing.
(c) 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 subparagraph (11)(12)(b)1., above, the Program Administrator shall revoke the business logo sign permit in accordance with sub-subparagraph (11)(12)(b)2.b., above.
(d) Voiding. If the Department or the Program Administrator must remove logo structures pursuant to paragraph (3)(a) and (b)(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) Notice. In cases of denial, 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.
(e)(f) 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) Variances and waivers. The Department will consider and act on petitions for variances to or waivers of the provisions of this rule chapter, in accordance with Sections 120.542 and 479.261(7), F.S., and Chapter 28-104, F.A.C.
(a) A variance will be granted under Section 479.261(7), F.S., when it is shown that such variance is necessary to serve the interest of the traveling public or when required to ensure equitable treatment of program participants. In the event of a conflict between these two considerations, the interests of the traveling public will prevail.
(b) When considering the standards of Section 120.542(2), F.S., the purposes of Section 479.261, F.S., will be achieved by other means if the variance or waiver serves the interest of the traveling public or ensures equitable treatment of program participants. In the event of a conflict between these two considerations, the interests of the traveling public will prevail.
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, 2-13-08,________.
