Rule 14-85.022, F.A.C., is being amended to establish a new formula for calculating annual permit fees, reinstate former Logo businesses, and provide a reduced monthly fee for businesses in disaster areas.

AGENCY FOR HEALTH CARE ADMINISTRATION

Rule No.: RULE TITLE
14-85.022: Permits

PURPOSE AND EFFECT: Rule 14-85.022, F.A.C., is being amended to establish a new formula for calculating annual permit fees, reinstate former Logo businesses, and provide a reduced monthly fee for businesses in disaster areas.

SUMMARY: Annual permit fees are being amended.

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(2), 479.261 FS.
LAW IMPLEMENTED: 479.261 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 26, 2010, 10:00 a.m.

PLACE: 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 7 days before the workshop/meeting by contacting: 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. 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:

14-85.022 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.

(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	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	230 600
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 = 2 3

(1 x 230 600) + (2 3 x 400) + 1000 = $2,030 $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.

(b)(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.

(c) 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.

(d) 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.

(e)(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.

(3)(e) 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.

(4)(d) 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.

(5)(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, Rev. 12/09 07/08, incorporated by reference, to the Program Administrator. A Logo Sign Permit Application may be obtained at http://www.dot.state.fl.us/rightofway/Documents.shtm.

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

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

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

(9)(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.

(10)(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), 479.261(7) FS. Law Implemented 479.261(3), 479.261(4), 479.261(5) 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: June 29, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 9, 2010