Notice of Development of Rulemaking

DEPARTMENT OF TRANSPORTATION
RULE NO: RULE TITLE
14-10.006: Additional Permitting Criteria
PURPOSE AND EFFECT: A new subsection (9) is added to Rule 14-10.006, F.A.C., to define the term “Changed Conditions.”
SUBJECT AREA TO BE ADDRESSED: A new subsection (9) is added to Rule 14-10.006, F.A.C., is added to define the term “Changed Conditions” as it relates to Section 479.01(14), F.S.
SPECIFIC AUTHORITY: 334.044(2), 479.02(1), (7) FS.
LAW IMPLEMENTED: 339.05, 479.01(14), 479.02, 479.07(9), 479.08, 479.11 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: December 16, 2008, 1:30 p.m.
PLACE: Department of Transportation, Haydon Burns Building, Suwannee Room (Room 250), 606 Suwannee Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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 PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14-10.006 Additional Permitting Criteria.

Each application for an outdoor advertising sign permit shall meet the requirements of Sections 479.07(9) and 479.11, F.S. In addition, an application must comply with the requirements of the agreement between the state and the United States Department of Transportation referenced in Section 479.02(1), F.S., which have not been duplicated in Sections 479.07(9) and 479.11, F.S., or superseded by stricter provisions in those statutes. The requirements are:

(1) through (8) No change.

(9) The term “changed conditions” referenced in Section 479.01(14), F.S., defining nonconforming signs, means only the actions of a governmental entity, as defined by Section 11.45, F.S., which includes for example:  Rezoning of a commercial area to a noncommercial area, reclassifying a secondary highway as a primary highway, or altering a highway’s configuration causing a preexisting sign to become subject to the Department’s jurisdiction.

Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.01(14), 479.02, 479.07(9), 479.08, 479.11 FS. History– New 3-28-77, Amended 12-10-77, 1-1-86, Formerly 14-10.06, Amended 12-26-95, 6-28-98, 8-19-01, 12-31-06,_________.