Quarterly payments and an extension in payment due date are being added to assist businesses upon a 20% or more annual fee increase.

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-85.024: Permit Renewal
14-85.025: Denial, Revocation, Suspension, or Cancellation of Permit
PURPOSE AND EFFECT: Quarterly payments and an extension in payment due date are being added to assist businesses upon a 20% or more annual fee increase.
SUMMARY: These amendments will offer alternate payment options for Logo Signs upon an increase in fees, and include provisions for the non-payment of quarterly installment fees.
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: 334.044, 479.261 FS.
LAW IMPLEMENTED: 334.044, 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: March 25, 2010, 2:00 p.m. – 4:00 p.m.
PLACE: Haydon Burns Building, Department of Transportation, Suwannee Room, 605 Suwannee St., Tallahassee, FL 32399-0458
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 7 days 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 32399-0458. 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, 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 32399-0458

THE FULL TEXT OF THE PROPOSED RULE IS:

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, Interstate and interchange location, number of panels, and name on 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. In any year in which the average annual fee increases by more than 20% and upon request by the permittee, the Department shall extend the due date for (thirty) 30 days.

(3) In any year in which the average annual fee increases by more than 20% and upon request by the permittee, the Department shall accept payments on an installment basis. Installments shall be paid in accordance with the following provisions:

(a) No more than four (4) quarterly installments of equal amount shall be authorized.

(b) The first installment payment shall be paid no later than 5:00 p.m. on the due date established in accordance with subsection (2).

(c) Payment for each subsequent quarter shall be paid at least thirty (30) days prior to the beginning of that quarter.

(d) Failure to submit each quarterly payment by the required date will result in the revocation of the permit pursuant to subsection 14-85.025(2), F.A.C.

(4)(3) It is the responsibility of the permit holder to keep the Program Administrator informed of all any address changes, ownership changes, contact changes, and billing address changes, as well as and any other changes occurring after impacting notification or participation eligibility that have occurred since the last renewal period, which may impact the permittee’s notification of their participation eligibility.

(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), 479.261(4) FS. History–New 12-15-09, Amended________.

 

14-85.025 Denial, Revocation, Suspension, or Cancellation of Permit.

(1) No change.

(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 as outlined in this rule chapter, and has not been granted a suspension pursuant to subsection (3) below, or the Program Administrator has not received the permit fees by 5:00 p.m. on December 1, unless the Department has extended the payment due date pursuant to subsections 14-85.024(2) and (3), F.A.C if permit fees are not received by the Program Administrator by 5:00 p.m. Eastern Standard time on December 1.

(b) No change.

(3) through (5) No change.

Rulemaking Authority 334.044(2), 479.261(1) FS. Law Implemented 479.261(3), 479.261(4) FS. History–New 12-15-09, Amended ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: John L. 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: February 22, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 22, 2010