A substantial amendment and rewrite of Rule Chapter 14-85, F.A.C., pertaining to the Logo Sign Program. Rule 14-85.004, F.A.C., is being repealed and additional rules are being added to the Rule Chapter to clarify Logo program requirements.

 

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-85.001: Definitions
14-85.002: Responsibilities of Program Administrator and Department
14-85.003: Qualification of Interchanges
14-85.004: Logo Sign Program
14-85.005: Logo Structures
14-85.006: Configuration of Business Logos
14-85.007: Business Logos and Dual Business Logos
14-85.008: Installation, maintenance and Removal of Logo Structures and Business Logos
14-85.009: Qualification of Businesses
14-85.010: Permits
14-85.011: Priority of Applications
14-85.012: Permit Renewal
14-85.014: Denial, Revocation, Suspension, or Cancellation of Permit
PURPOSE AND EFFECT: A substantial amendment and rewrite of Rule Chapter 14-85, F.A.C., pertaining to the Logo Sign Program. Rule 14-85.004, F.A.C., is being repealed and additional rules are being added to the Rule Chapter to clarify Logo program requirements.
SUMMARY: New rules are being added to incorporate the revisions made to Section 479.261, F.S., during the 2009 legislative session.
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: 479.261 FS.
LAW IMPLEMENTED: 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: September 30, 2009, 10:00 a.m.
PLACE: Florida Department of Transportation, Haydon Burns Building Auditorium, 605 Suwannee Street, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by contacting: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, 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:

14-85.001 Definitions.

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) “Business” means a commercial establishment providing gas, food, lodging or camping services, 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.

(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.

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

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

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

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

(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.

(10) “Exit Ramp” means the traffic lane or lanes at an interchange on 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.

(13) “Logo Structure” means the support columns and display panel upon which separate business logos may be displayed.

(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.

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

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

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

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

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

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

(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 14-85.003, F.A.C.

(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.

(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.

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

(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(1) FS. Law Implemented 334.044(2) 479.261 FS. History–New________.

 

14-85.002 Responsibilities of Program Administrator and Department.

(1) The Department is responsible for establishing the logo sign program pursuant to Section 479.261, F.S.

(2) The Program Administrator is responsible for administering all provisions of this Rule Chapter, including the receipt of applications and renewals and the issuance of Department-approved notices.

Rulemaking Authority 334.044(2), 479.261(1) FS. Law Implemented 334.044(7) 479.261(4) FS. History–New________.

 

14-85.003 Qualification of Interchanges.

(1) Interchanges on 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 the Interstate Highway System is qualified only when the interchange configuration allows a motorist to exit and reenter the 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(1) FS. Law Implemented 334.044(2), 479.261(2), (7) FS. History–New________.

 

14-85.004 Logo Sign Program.

Rulemaking Specific Authority 479.08, 479.261, 334.044(2) FS. Law Implemented 334.044(28), 479.08, 479.261 FS. History–New 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, 9-16-08, Repealed________.

 

14-85.005 Logo Structures.

(1) The number of logo structures along an approach to an interchange and the corresponding ramp structures shall be limited to a maximum of four each.

(2) No more than six business logos shall be allowed on any logo structure.

(3) No category shall appear on more than two mainline and two ramp logo structures in each direction at an interchange.

(4) Arrangement of business logos on the display panel shall be based on the most efficient use of the display panel and not on the priority of the wait list or length of time a business has been participating in the program.

(5) At interchanges where sufficient spacing exists for mainline and corresponding ramp logo structures, preference shall be given in the successive order of gas, food, lodging, camping, attractions, and other permissible categories.

(6) At interchanges where sufficient spacing does not exist, the display panel configuration shall be based on that which maximizes participation in the logo sign program.

(7) Combination logo structures and ramp logo structures shall be used when spacing for separate structures is unavailable to accommodate all business categories for which applications have been submitted.

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

(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.

(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(1) FS. Law Implemented 334.044(2), 479.261(2), (7) FS. History–New________.

 

14-85.006 Display Panel Configuration.

(1) If spacing is unavailable on a logo structure for 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 priorities listed in subsection 14-85.005(5), F.A.C.

(2) When a business logo is removed, the next qualified business, in the same category, on the waiting list will be displayed on the display panel subject to subsection 14-85.005(4), F.A.C.

Rulemaking Authority 334.044(2), 479.261(1) FS. Law Implemented 479.261(7) FS. History–New________.

 

14-85.007 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.

(4) All supplemental messages shall be displayed within the business logo. Supplemental messages may include DISEL, 24 HOURS, CLOSED and the day of the week, ALTERNATE FUELS, RV, and the handicapped symbol.

Rulemaking Authority 334.044(2), 479.261(1) FS. Law Implemented 479.261(1), (7) FS. History–New________.

 

14-85.008 Installation, Maintenance and Removal of Logo Structures and Business Logos.

(1) Except as provided, all logo structures and business logos shall be installed and maintained in accordance with the Manual on Uniform Traffic Control Devices.

(2) The Program Administrator shall remove, replace, or cover any business logo that no longer meets Department standards.

(3) The Program Administrator will make all removed business logos available to the permittee for 15 calendar days from removal. Any business logos not picked up during that time will become the property of the Program Administrator.

Rulemaking Authority 334.044(2), 479.261(1), (4) FS. Law Implemented 479.261(4) FS. History–New________.

 

14-85.009 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) Hold all necessary licenses and permits to provide the services required to qualify for the category being displayed.

(b) 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.

(c) Provide on-site, modern sanitary facilities and a telephone for use by motorists.

(d) Be within a category set forth in subsection 14-85.001(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 interstate highway median to the nearest entrance to the premises of the business.

(e) 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 visible from the crossroad will be permitted to display a business logo subject to all of the following conditions:

1. 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 is displayed.

2 The business shall provide the Program Administrator with the logo trailblazer signs at its own cost. Written approval must be obtained from the entity having authority for sign placement prior to installation of the logo trailblazer sign. Logo trailblazer signs shall be maintained by the Program Administrator.

3. Space is available to display the business logo on an existing logo structure.

(2) A business qualified in a category 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 if fewer than six permits have been issued for businesses within three miles of the interchange for that category. A permit for a business logo issued for a business located between three and six miles of the interchange will not be renewed at the next billing date if space is needed to accommodate a business or businesses located within three miles of the interchange that have been qualified for permits. If more than one business is located between three and six miles of the interchange, the logo of the business furthest from the interchange shall be the first to be removed.

(3) A business shall qualify to display a business logo in one direction only, for that specific interchange, if any of the following conditions are met:

(a) The business is located at an interchange that serves one direction only.

(b) 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.

(c) The business is located at an interchange serving both directions, but the business can only be signed in one direction because of sign spacing.

(d) The business is using supplemental signing in one direction but supplemental signing in the other direction is not available.

(4) RV Friendly.

(a) Businesses meeting the following requirements shall be granted a permit to display the RV friendly symbol on their business logo:

1. Roadway access and egress shall have a hard surface, be free of potholes, and be at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility.

2. Roadway access, egress, and parking facilities must be free of any electrical wires, tree branches, and other obstructions up to 14 feet above the surface.

3. Facilities requiring short-term parking, such as restaurants or tourist attractions, are required to have 2 or more parking spaces that are at least 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces.

4. Fueling facilities with canopies are required to have at least a 14-foot clearance, and those selling diesel fuel are required to have pumps with non-commercial nozzles.

5. Fueling facilities must allow for pull-through with a swing radius of 50 feet.

6. Campgrounds shall have two or more spaces at least 18 feet wide and 45 feet long.

7. Businesses shall post directional signing on their sites, as needed, to RV friendly parking spaces and other on site RV friendly services.

8. If a left turn into the business is precluded by a median or some other design feature of the crossroad, and a U-turn will be required to access the RV friendly site, an engineering study provided by the applicant is required to demonstrate that a lawful U-turn can be made by RVs within 1,000 feet of the business.

(b) RV friendly symbol design and placement.

1. 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.

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. Businesses interested in providing this service should contact the Program Administrator.

2. Businesses in all categories may apply to use the RV friendly symbol on their business logos at any time.

3. The Program Administrator will inspect the business to assure compliance with the RV friendly qualifying criteria.

4. If a business subsequently fails to satisfy the RV friendly criteria, the RV friendly symbol shall be removed by the Program Administrator.

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 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. Space is available to display the business logo in the gas category on an existing logo structure.

2. At least one other gas business logo is displayed at the same interchange for a business operating year round at least 16 hours per day, at least 360 days a year.

3. The gas business operating less than 16 hours per day shall operate at least 12 continuous hours per day at least 360 days a year.

(b) Provide on-site vehicle services including: fuel, oil, water, and tire inflation.

(c) Provide drinking water.

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

(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 D9-5 Manual on Uniform Traffic Control Devices) 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. An attendant shall be on duty to pump gas for motorists with disabilities, without additional charge and;

2. At least one gas pump is plainly identified with the International Symbol of Accessibility for the Handicapped with an explanation of the method by which the driver can notify an attendant of the need for assistance without exiting the vehicle.

(b) Following the approval of the initial application, the Program Administrator will install the symbol on the mainline and ramp logo signs.

(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 Chapter 500 or 509, F.S., and serve prepared food.

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

(c) Not require a cover charge for admittance.

(d) 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 in the food category so long as it meets all of the following conditions:

1. Space is available to display the business logo on an existing logo structure.

2. At least one business logo in the food category is displayed at the same interchange, with continuous operating hours from at least 7:00 a.m. to 10:00 p.m.

3. The business shall operate for at least six consecutive hours between 6:00 a.m. and midnight, at least 360 days a year.

(e) 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 shall identify the day it is closed on the business logo, e.g., Closed Sunday. The legend must be located in the lower one third of the business logo and the letters must be at least 6 inches high. The color of the letters must be in contrast to the color of the background.

(7) 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 Chapter 509, F.S.

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

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

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

(a) Be open at least 5 days a week for 52 weeks a year.

(b) Have, as its principal focus, family-oriented entertainment or cultural, educational, recreational, scientific, or historical activities.

(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 14-85.009(1), F.A.C.

(d) Advertise to the general public.

(e) Provide adequate parking.

(f) Not be advertised or displayed on any existing traffic control device, such as a supplemental guide sign or an overhead sign in the direction being signed by the logo sign program.

(g) Be located within fifteen miles of the interchange.

(10) 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(1) FS. Law Implemented 479.261(1)(a), (b), (7) FS. History–New________.

 

14-85.010 Permits.

(1) 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.

(2) Permit Fees. Effective January 1, 2010, permit fees shall be in accordance with the provisions of Section 479.261(5), F.S. 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	50,000		2
50,000	200,000		3
200,000	500,000		4
500,000			5

 

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

 

Fee Formula Factors
AADT	600
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

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 = 3

(1 x 600) + (3 x 400) + 1000 = $2,800

The fees calculated above are for a mainline logo sign and ramp logo signs in both directions of the 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.

(a) Payment of permit fees shall be by U.S. currency, postal money order, bank draft, cashier’s 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 Program Administrator that 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.

(b) 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.

(c) 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.

(d) When a participating business wishes to change a business logo, there will be a $100 change-out fee for each business logo.

(3) Initial Permit Application. A business applying to display a business logo must submit a completed Logo Sign Permit Application on Form 575-070-34, incorporated by reference, to the Program Administrator. A Logo Sign Permit Application may be obtained from the Program Administrator.

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

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

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

(7) 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.

(8) 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 application in accordance with this section.

Rulemaking Authority 334.044(2), 479.261(1), (7) FS. Law Implemented 334.044(2), 479.261(3), (4), (5), (7) FS. History– New________.

 

14-85.011 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 permit holders retain priority over other applications, except when retaining priority would conflict with subsection 14-85.009(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 14-85.009(1) and (2), F.A.C. Processing 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 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(1) FS. Law Implemented 479.261(3), (7) FS. History–New________.

 

14-85.012 Permit Renewal.

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

(2) Permit renewal payments must be received by the Program Administrator no later than 5:00 p.m. on December 1 of each year.

(3) It is the responsibility of the permit holder to keep the Program Administrator informed of any 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.

(4) If the Program Administrator has not received the permit fee(s) by 5:00 p.m. Eastern Standard time on December 1, the Department shall revoke the logo permit.

Rulemaking Authority 334.044(2), 479.261(1) FS. Law Implemented 479.261(3), (4) FS. History–New________.

 

14-85.014 Denial, Revocation, Suspension, or Cancellation of Permit.

(1) Denial. An application for a permit will be denied if the business does not meet the eligibility requirements outlined in this rule or if permit fees are not timely received.

(2) Revocation. A business’s permit to participate in the logo sign program shall be revoked if:

(a) The business no longer meets the eligibility requirements outlined in this rule chapter and has not been granted a suspension pursuant to subsection (3) below, or if permit fees are not received by the Program Administrator by 5:00 p.m. Eastern Standard time on December 1.

(b) Prior to revoking a 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:

1. The permittee shall have 30 calendar days from receipt of the Notice of Intent to Revoke to correct the noncompliance and present evidence to the Program Administrator of such correction or to file a request for an administrative proceeding.

2. If corrective action is not accomplished within the 30-day period, and a hearing request is not filed, the revocation becomes the final agency action of the Department.

3. The business logo shall be removed from the logo structure(s) after the revocation is final or after the entry of a Final Order pursuant to Chapter 120, F.S.

(3) Suspension. A permit will be suspended when the business notifies the Program Administrator that it is temporarily unable to provide the services required.

(a) 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. 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.

(b) The permit must remain in force, including payment of all fees, during the period of suspension.

(c) The Program Administrator shall cover or remove the business logo until the business is again able to provide services.

(d) If the circumstances requiring suspension of the permit are not resolved within that time, the Program Administrator shall revoke the permit.

(4) Notice. In cases of denial or revocation, the Program Administrator shall provide 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 permittee’s rights under Chapter 120, F.S.

(5) Cancellation. If a business decides to no longer participate in the logo sign program, the business must provide the Program Administrator a written notice of its decision not to participate. Upon receipt of the notice, the Program Administrator will cancel the business’ permit and remove the business’ business logo.

Rulemaking Authority 334.044(2), 479.261(1) FS. Law Implemented 479.261(3), (4) FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Garner, Director, Office of Right of Way

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Stephanie C. Kopelousos, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 21, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 17, 2009