reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 477 - Cosmetology › 477.028 - Disciplinary Proceedings.

477.028 Disciplinary proceedings.—
(1) The board shall have the power to revoke or suspend the license of a cosmetologist licensed under this chapter, or the registration of a specialist registered under this chapter, and to reprimand, censure, deny subsequent licensure or registration of, or otherwise discipline a cosmetologist or a specialist licensed or registered under this chapter in any of the following cases:
(a) Upon proof that a license or registration has been obtained by fraud or misrepresentation.
(b) Upon proof that the holder of a license or registration is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice or instruction of cosmetology or a specialty.
(c) Upon proof that the holder of a license or registration is guilty of aiding, assisting, procuring, or advising any unlicensed person to practice as a cosmetologist.
(2) The board shall have the power to revoke or suspend the license of a cosmetology salon or a specialty salon licensed under this chapter, to deny subsequent licensure of such salon, or to reprimand, censure, or otherwise discipline the owner of such salon in either of the following cases:
(a) Upon proof that a license has been obtained by fraud or misrepresentation.
(b) Upon proof that the holder of a license is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of the salon so licensed.
(3) Disciplinary proceedings shall be conducted pursuant to the provisions of chapter 120.
(4) The department shall not issue or renew a license or certificate of registration under this chapter to any person against whom or salon against which the board has assessed a fine, interest, or costs associated with investigation and prosecution until the person or salon has paid in full such fine, interest, or costs associated with investigation and prosecution or until the person or salon complies with or satisfies all terms and conditions of the final order.
History.—s. 1, ch. 78-253; s. 2, ch. 81-318; s. 73, ch. 83-329; ss. 32, 35, 36, ch. 85-297; s. 7, ch. 87-69; s. 44, ch. 89-344; s. 4, ch. 91-429; s. 16, ch. 98-323.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 477 - Cosmetology › 477.029 - Penalty.

477.029 Penalty.—
(1) It is unlawful for any person to:
(a) Hold himself or herself out as a cosmetologist or specialist unless duly licensed or registered, or otherwise authorized, as provided in this chapter.
(b) Operate any cosmetology salon unless it has been duly licensed as provided in this chapter.
(c) Permit an employed person to practice cosmetology or a specialty unless duly licensed or registered, or otherwise authorized, as provided in this chapter.
(d) Present as his or her own the license of another.
(e) Give false or forged evidence to the department in obtaining any license provided for in this chapter.
(f) Impersonate any other licenseholder of like or different name.
(g) Use or attempt to use a license that has been revoked.
(h) Violate any provision of s. 455.227(1), s. 477.0265, or s. 477.028.
(i) Violate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department.
(2) Any person who violates the provisions of this section shall be subject to one or more of the following penalties, as determined by the board:
(a) Revocation or suspension of any license or registration issued pursuant to this chapter.
(b) Issuance of a reprimand or censure.
(c) Imposition of an administrative fine not to exceed $500 for each count or separate offense.
(d) Placement on probation for a period of time and subject to such reasonable conditions as the board may specify.
(e) Refusal to certify to the department an applicant for licensure.
History.—s. 1, ch. 78-253; s. 2, ch. 81-318; s. 74, ch. 83-329; ss. 33, 35, 36, ch. 85-297; s. 8, ch. 87-69; s. 45, ch. 89-344; s. 4, ch. 91-429; s. 10, ch. 94-119; s. 405, ch. 97-103; s. 126, ch. 98-166; s. 17, ch. 98-323; s. 150, ch. 99-251; s. 186, ch. 2000-160; s. 4, ch. 2004-284; s. 59, ch. 2009-195; s. 50, ch. 2010-106; s. 39, ch. 2020-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 477 - Cosmetology › 477.031 - Civil Proceedings.

477.031 Civil proceedings.—As cumulative of any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of a restraining order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this chapter or the lawful rules or orders of the department.
History.—s. 1, ch. 78-253; s. 2, ch. 81-318; ss. 35, 36, ch. 85-297; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.41 - Purpose and Intent.

478.41 Purpose and intent.—The purpose of this chapter is to provide for the licensure of persons who deliver electrolysis services and to ensure that they meet certain requirements. It is the finding of the Legislature that the practice of electrology by unskilled or incompetent persons presents a danger to the public health and safety. Because it is difficult for the public to make informed choices related to electrolysis services and since the consequences of wrong choices can harm the public health and safety, it is the intent of the Legislature to prohibit the delivery of electrolysis services by persons who do not possess the necessary skills or who otherwise present a danger to the public. However, restrictions may be imposed only to the extent necessary to protect the public and in a manner that will not unreasonably affect the competitive market for the delivery of such services.
History.—s. 2, ch. 92-172.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.42 - Definitions.

478.42 Definitions.—As used in this chapter, the term:
(1) “Board” means the Board of Medicine.
(2) “Council” means the Electrolysis Council.
(3) “Department” means the Department of Health.
(4) “Electrologist” means a person who engages in the practice of electrolysis.
(5) “Electrolysis or electrology” means the permanent removal of hair by destroying the hair-producing cells of the skin and vascular system, using equipment and devices approved by the board which have been cleared by and registered with the United States Food and Drug Administration and that are used pursuant to protocols approved by the board.
History.—s. 3, ch. 92-172; s. 168, ch. 94-218; s. 144, ch. 97-264; s. 143, ch. 99-397.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.43 - Board of Medicine; Powers and Duties.

478.43 Board of Medicine; powers and duties.—
(1) The board, with the assistance of the Electrolysis Council, is authorized to establish minimum standards for the delivery of electrolysis services and to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
(2) The board may administer oaths, summon witnesses, and take testimony in all matters relating to its duties under this chapter.
(3) The board may delegate such powers and duties to the council as it may deem proper.
(4) The board, in consultation with the council, shall recommend proposed rules, and the board shall adopt rules for a code of ethics for electrologists and rules related to the curriculum and approval of electrolysis training programs, sanitary guidelines, the delivery of electrolysis services, continuing education requirements, and any other area related to the practice of electrology.
History.—s. 4, ch. 92-172; s. 150, ch. 98-200.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.44 - Electrolysis Council; Creation; Function; Powers and Duties.

478.44 Electrolysis Council; creation; function; powers and duties.—
(1) There is created the Electrolysis Council under the supervision of the board.
(2)(a) The council shall consist of five members, appointed by the board. Three members must be licensed electrologists who have been actively engaged in the delivery of electrolysis services in this state for at least 4 consecutive years prior to their appointment and who are not affiliated with an electrolysis school or manufacturer or supplier of electrolysis equipment or supplies. Two consumer members must be residents of this state who have never been licensed electrologists, have no financial interest in the practice of electrology, and are not affiliated with an electrolysis school or a manufacturer or supplier of electrolysis equipment or supplies.
(b) Initial council members who are licensed electrologists must be eligible for licensure at the time of their appointment. Electrologist members appointed after October 1, 1996, must have been licensed in this state for at least 3 years prior to their appointment.
(3) The term of office for each council member is 4 years. A member may not serve more than two consecutive terms. When a vacancy occurs on the council, any licensed electrologist may recommend one person to fill the vacancy, and any professional organization dealing with electrolysis, incorporated within the state as not for profit, which registers its interest with the board shall recommend at least twice as many persons to fill the vacancy as the number of vacancies to be filled, and the board, in its discretion, may appoint from the submitted names any of those persons so recommended. The board shall, when possible, appoint persons from different geographic areas.
(4)(a) The council shall annually elect from among its members a chair and vice chair.
(b) The council shall meet at least twice a year and shall hold such additional meetings as are considered necessary by the board. Three members of the council constitute a quorum.
(c) Unless otherwise provided by law, a council member shall be compensated $50 for each day the member attends an official meeting of the council or participates in official council business. A council member is also entitled to reimbursement for expenses pursuant to s. 112.061. Travel out of state requires the prior approval of the State Surgeon General.
History.—s. 5, ch. 92-172; s. 1, ch. 95-221; s. 406, ch. 97-103; s. 67, ch. 2000-158; s. 20, ch. 2000-305; s. 95, ch. 2008-6.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.45 - Requirements for Licensure.

478.45 Requirements for licensure.—
(1) An applicant applying for licensure as an electrologist shall file a written application, accompanied by the application for licensure fee prescribed in s. 478.55, on a form provided by the board, showing to the satisfaction of the board that the applicant:
(a) Is at least 18 years old.
(b) Is of good moral character.
(c) Possesses a high school diploma or a high school equivalency diploma.
(d) Has not committed an act in any jurisdiction which would constitute grounds for disciplining an electrologist in this state.
(e) Has successfully completed the academic requirements of an electrolysis training program, not to exceed 120 hours, and the practical application thereof as approved by the board.
(2) Each applicant for licensure shall successfully pass a written examination developed by the department or a national examination that has been approved by the board. The examinations shall test the applicant’s knowledge relating to the practice of electrology, including the applicant’s professional skills and judgment in the use of electrolysis techniques and methods, and any other subjects which are useful to determine the applicant’s fitness to practice.
(3) The department, upon approval of the board, may adopt a national examination in lieu of any part of the examination required by this section. The board, with the assistance of the council, shall establish standards for acceptable performance.
(4) The department shall issue a license to practice electrology to any applicant who passes the examination, pays the licensure fee as set forth in s. 478.55, and otherwise meets the requirements of this chapter.
(5) The department shall conduct licensure examinations at least two times a year. The department shall give public notice of the time and place of each examination at least 60 days before it is administered and shall mail notice of such examination to each applicant whose application is timely filed, pursuant to board rule.
(6) The department may not issue a license to any applicant who is under investigation in another jurisdiction for an offense which would be a violation of this chapter, until such investigation is complete. Upon completion of such investigation, if the applicant is found guilty of such offense, the board shall apply the applicable provisions of s. 478.52.
History.—s. 6, ch. 92-172; s. 2, ch. 95-221; s. 145, ch. 97-264; s. 7, ch. 2014-20.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.46 - Temporary Permits.

478.46 Temporary permits.—
(1) If the department determines that an applicant is qualified to be licensed under s. 478.47, the department may issue the applicant a temporary permit to practice electrolysis until the next board meeting at which license applications are to be considered, but not for a longer period of time. Only one temporary permit shall be issued to an applicant, and it shall not be renewable.
(2)(a) If the executive director of the board determines that an applicant is qualified for licensure by examination except for passage of the examination and has applied for the next scheduled examination, the executive director may issue the applicant a nonrenewable temporary permit to practice electrology under the supervision of a licensed electrologist until notification of the results of the examination.
(b) The temporary permit of a person who fails such examination is automatically revoked upon notification of the examination results, and the applicant shall cease the practice of electrology immediately upon receipt of such notice.
(c) An applicant with a temporary permit who passes such examination may continue to practice under such temporary permit until the next meeting of the board at which license applications are to be considered.
(3) As used in subsection (2), “supervision” means responsible control by a licensed electrologist who provides the initial direction in developing a treatment plan and also periodically inspects the permittee’s implementation of such plan, which plan may not be altered by the permittee without the prior consultation and approval of the supervisor. A supervisor shall be available to consult with and direct a permittee in an emergency, although the supervisor does not have to be on the premises while the permittee is delivering electrolysis services.
History.—s. 7, ch. 92-172; s. 146, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.47 - Licensure by Endorsement.

478.47 Licensure by endorsement.—The department shall issue a license by endorsement to any applicant who submits an application and the required fees as set forth in s. 478.55 and who holds an active license or other authority to practice electrology in a jurisdiction whose licensure requirements are determined by the board to be equivalent to the requirements for licensure in this state.
History.—s. 8, ch. 92-172; s. 147, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.48 - Assumption of Title and Use of Abbreviations.

478.48 Assumption of title and use of abbreviations.—Only persons who are licensed under this chapter may use the title “Electrologist,” “Registered Electrologist,” or the abbreviation “RE.”
History.—s. 9, ch. 92-172.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.49 - License Required.

478.49 License required.—
(1) No person may practice electrology or hold herself or himself out as an electrologist in this state unless the person has been issued a license by the department and holds an active license pursuant to the requirements of this chapter.
(2) A licensee shall display her or his license in a conspicuous location in her or his place of practice and provide it to the department or the board upon request.
History.—s. 10, ch. 92-172; s. 407, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.50 - Renewal of License; Delinquent Status; Address Notification; Continuing Education Requirements.

478.50 Renewal of license; delinquent status; address notification; continuing education requirements.—
(1) The department shall provide, by rule, a method for biennial license renewal at fees set forth in s. 478.55.
(2) A license that is not renewed at the end of the biennium prescribed by the department automatically reverts to delinquent status. The board shall adopt rules establishing procedures, criteria, and fees as set forth in s. 478.55 for reactivation of an inactive license.
(3) A licensee shall file with the department the address of his or her primary place of practice within the state prior to engaging in practice and shall notify the department of any change in this address prior to the change.
(4)(a) An application for license renewal must be accompanied by proof of the successful completion of 20 hours of continuing education courses or proof of successfully passing a reexamination for licensure within the immediately preceding biennium which meets the criteria established by the board. Both the continuing education and reexamination shall contain education on blood-borne diseases.
(b) The board, with the assistance of the council, shall approve criteria for, and content of, electrolysis training programs and continuing education courses required for licensure and renewal as set forth in this chapter.
(c) Continuing education programs shall be approved by the board. Applications for approval shall be submitted to the board not less than 60 days nor more than 360 days before they are held.
History.—s. 11, ch. 92-172; s. 229, ch. 94-119; s. 408, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.51 - Electrology Facilities; Requisites; Facility Licensure; Inspection.

478.51 Electrology facilities; requisites; facility licensure; inspection.—
(1) No electrology facility shall be permitted to operate without a facility license issued by the department.
(2) The facility license shall be displayed in a conspicuous place within the facility and shall be made available upon request of the department or board.
(3) The board shall adopt rules governing the licensure and operations of such facilities, personnel, safety and sanitary requirements, and the licensure application and granting process.
(4) Any person, firm, or corporation desiring to operate an electrology facility in the state shall submit to the department an application and the necessary application fee as set forth in s. 478.55.
(5) Upon receiving the application, the department may cause an investigation to be made of the proposed electrology facility.
(6) When an applicant fails to meet all the requirements provided in this section, the department shall deny the application in writing and shall list the specific requirements not met. No applicant denied licensure because of failure to meet the requirements shall be precluded from reapplying for licensure.
(7) When the department determines that the proposed electrology facility has met the requirements set forth in this section, the department shall grant the license upon payment of the initial licensure fee.
(8) An initial inspection of a licensed facility shall be conducted within 60 days of initial licensure.
(9) A renewal inspection of a licensed facility shall be conducted not less than once per biennium or as deemed required by the department.
(10) No license for operation of an electrology facility may be transferred from the name of the original licensee to another. It may be transferred from one location to another only upon approval by the department, which approval shall not be unreasonably withheld.
(11) Renewal of license registration for electrology facilities shall be accomplished pursuant to rules adopted by the board.
History.—s. 12, ch. 92-172.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.53 - Penalty for Violations.

478.53 Penalty for violations.—It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, to:
(1) Practice or attempt to practice electrology or hold oneself out to be an electrologist without holding an active license.
(2) Practice or attempt to practice electrology under a name other than one’s own.
(3) Use or attempt to use a revoked or suspended license or the license of another.
(4) Obtain or attempt to obtain a license by bribery, fraud, or knowing misrepresentation.
(5) Employ an unlicensed person to practice electrology.
(6) Practice or attempt to practice any permanent hair removal except as described in s. 478.42(5).
History.—s. 14, ch. 92-172.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.54 - Exemptions.

478.54 Exemptions.—This chapter does not apply to the delivery of electrolysis services by:
(1) A physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459; or
(2) A student delivering electrolysis services to another in an approved electrolysis training program.
History.—s. 15, ch. 92-172.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 478 - Electrolysis › 478.55 - Fees; Facility; Disposition.

478.55 Fees; facility; disposition.—
(1) The board shall establish by rule the collection of fees for the following purposes:
(a) License application fee: a fee not to exceed $100.
(b) Examination fee: a fee not to exceed $300.
(c) Initial licensure fee: a fee not to exceed $100.
(d) Renewal fee: a fee not to exceed $100 biennially.
(e) Reactivation fee: a fee not to exceed $100.
(f) Inspection fee for facility: a fee not to exceed $100 biennially.
(2) In no case shall the department charge more than the actual cost incurred for the implementation of this chapter.
History.—s. 16, ch. 92-172.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.015 - Legislative intent with respect to regulation of signs in areas adjacent to state highways.

479.015 Legislative intent with respect to regulation of signs in areas adjacent to state highways.—The control of signs in areas adjacent to the highways of this state is declared to be necessary to protect the public investment in the state highways; to attract visitors to this state by conserving the natural beauty of the state; to preserve and promote the recreational value of public travel; to assure that information in the specific interest of the traveling public is presented safely and aesthetically; to enhance the economic well-being of the state by promoting tourist-oriented businesses, such as public accommodations, vehicle services, attractions, campgrounds, parks, and recreational areas; and to promote points of scenic, historic, cultural, and educational interest.
History.—ss. 2, 26, ch. 84-227; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.02 - Duties of the department.

479.02 Duties of the department.—The department shall:
(1) Administer and enforce this chapter, the 1972 agreement between the state and the United States Department of Transportation, Title 23 of the United States Code, and federal regulations, including, but not limited to, those pertaining to the maintenance, continuance, and removal of nonconforming signs.
(2) Regulate size, height, lighting, and spacing of signs permitted on commercial and industrial parcels and in unzoned commercial or industrial areas on the interstate highway system and the federal-aid primary highway system.
(3) Determine commercial and industrial parcels and unzoned commercial or industrial areas in the manner provided in s. 479.024.
(4) Implement a specific information panel program on the limited access highway system to promote tourist-oriented businesses by providing directional information safely and aesthetically.
(5) Implement a rest area information panel or devices program at rest areas along the interstate highway system and the federal-aid primary highway system to promote tourist-oriented businesses.
(6) Test and, if economically feasible, implement alternative methods of providing information in the specific interest of the traveling public which allow the traveling public freedom of choice, conserve natural beauty, and present information safely and aesthetically.
(7) Adopt such rules as the department deems necessary or proper for the administration of this chapter, including rules that identify activities that may not be recognized as industrial or commercial activities for purposes of determination of a commercial or industrial parcel or an unzoned commercial or industrial area in the manner provided in s. 479.024.
(8) Inventory and determine the location of all signs on the state highway system, interstate highway system, and federal-aid primary highway system to be used as the database and permit information for all permitted signs. The inventory shall be updated at least every 2 years. The department may perform the inventory using department staff or may contract with a private firm to perform the work, whichever is more cost-efficient. The department shall maintain a database of sign inventory information such as sign location, size, height, and structure type, the permittee’s name, and any other information the department finds necessary to administer the program.
History.—s. 2, ch. 20446, 1941; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 2, ch. 71-971; s. 1, ch. 72-274; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 2, ch. 78-8; s. 134, ch. 79-164; ss. 2, 3, ch. 81-318; ss. 3, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 33, ch. 94-237; s. 1, ch. 96-201; s. 4, ch. 2014-215; s. 25, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.03 - Jurisdiction of the Department of Transportation; entry upon privately owned lands.

479.03 Jurisdiction of the Department of Transportation; entry upon privately owned lands.—The territory under the jurisdiction of the department for the purpose of this chapter includes all the state. Employees, agents, or independent contractors working for the department, in the performance of their functions and duties under the provisions of this chapter, may enter into and upon any land upon which a sign is displayed, is proposed to be erected, or is being erected and make such inspections, surveys, and removals as may be relevant. Upon written notice to the landowner, operator, or person in charge of any intervening privately owned land that the removal of an illegal outdoor advertising sign is necessary and has been authorized by a final order or results from an uncontested notice to the sign owner, the department may enter upon any intervening privately owned lands for the purposes of effectuating removal of illegal signs. The department may enter intervening privately owned lands only in circumstances where it has determined that other legal or economically feasible means of entry to the sign site are not reasonably available. Except as otherwise provided by this chapter, the department is responsible for the repair or replacement in a like manner for any physical damage or destruction of private property, other than the sign, incidental to the department’s entry upon such intervening privately owned lands.
History.—s. 3, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 4, ch. 71-971; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 4, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 36, ch. 94-237; s. 6, ch. 2014-215; s. 27, ch. 2014-223; s. 56, ch. 2015-2.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.04 - Business of outdoor advertising; license requirement; renewal; fees.

479.04 Business of outdoor advertising; license requirement; renewal; fees.—
(1) A person may not engage in the business of outdoor advertising in this state without first obtaining a license from the department. Such license shall be renewed annually. The fee for such license, and for each annual renewal, is $300. License renewal fees are payable as provided for in s. 479.07.
(2) A person is not required to obtain the license provided for in this section solely to erect or construct outdoor advertising signs or structures.
History.—s. 4, ch. 20446, 1941; s. 1, ch. 26959, 1951; s. 1, ch. 63-237; s. 5, ch. 67-461; s. 1, ch. 69-331; ss. 23, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 78-138; ss. 2, 3, ch. 81-318; ss. 5, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 37, ch. 94-237; s. 7, ch. 2014-215; s. 28, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.05 - Denial, suspension, or revocation of license.

479.05 Denial, suspension, or revocation of license.—The department may deny, suspend, or revoke a license requested or granted under this chapter in any case in which it determines that the application for the license contains false or misleading information of material consequence, that the licensee has failed to pay fees or costs owed to the department for outdoor advertising purposes, or that the licensee has violated any of the provisions of this chapter, unless such licensee, within 30 days after the receipt of notice by the department, corrects such false or misleading information, pays the outstanding amounts, or complies with this chapter. Suspension of a license allows the licensee to maintain existing sign permits, but the department may not grant a transfer of an existing permit or issue an additional permit to a licensee with a suspended license. A person aggrieved by an action of the department which denies, suspends, or revokes a license under this chapter may, within 30 days after the receipt of the notice, apply to the department for an administrative hearing pursuant to chapter 120.
History.—s. 4, ch. 20446, 1941; s. 17, ch. 63-512; s. 5, ch. 67-461; s. 1, ch. 69-267; ss. 23, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 56, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 6, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 8, ch. 2014-215; s. 29, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.08 - Denial or revocation of permit.

479.08 Denial or revocation of permit.—The department may deny or revoke a permit requested or granted under this chapter in any case in which it determines that the application for the permit contains false or misleading information of material consequence. The department may revoke a permit granted under this chapter in any case in which the permittee has violated this chapter, unless such permittee, within 30 days after the receipt of notice by the department, complies with this chapter. For the purpose of this section, the notice of violation issued by the department must describe in detail the alleged violation. A person aggrieved by any action of the department in denying or revoking a permit under this chapter may, within 30 days after receipt of the notice, apply to the department for an administrative hearing pursuant to chapter 120. If a timely request for hearing has been filed and the department issues a final order revoking a permit, such revocation shall be effective 30 days after the date of rendition. Except for department action pursuant to s. 479.107(1), the filing of a timely and proper notice of appeal shall operate to stay the revocation until the department’s action is upheld.
History.—s. 6, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. 17, ch. 63-512; s. 5, ch. 67-461; s. 1, ch. 69-267; ss. 23, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 8, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 40, ch. 94-237; s. 23, ch. 2009-85; s. 10, ch. 2014-215; s. 31, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.10 - Sign removal following permit revocation or cancellation.

479.10 Sign removal following permit revocation or cancellation.—A sign shall be removed by the permittee within 30 days after the date of revocation or cancellation of the permit for the sign. If the permittee fails to remove the sign within the 30-day period, the department shall remove the sign at the permittee’s expense with or without further notice and without incurring any liability as a result of such removal.
History.—s. 8, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. 428, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 9, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 11, ch. 2014-215; s. 32, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.107 - Signs on highway rights-of-way; removal.

479.107 Signs on highway rights-of-way; removal.—
(1) Any sign located on the right-of-way of a highway on the State Highway System or on any portion of the interstate or federal-aid primary highway system which is in violation of s. 479.11(8) may be removed by the department as provided in this section. However, a permittee of a sign which is located on the right-of-way in violation of s. 479.11(8) and for which sign a permit has been issued under the provisions of this chapter must be given notice in accordance with s. 479.08. Upon a determination by the department that a sign is in violation of s. 479.11(8), the department shall prominently post on the sign structure a notice visible from the main-traveled way stating that the sign is illegal and must be permanently removed from the right-of-way within 10 working days after the posting of the notice. However, if the sign bears the name of the licensee or the name and address of the nonlicensed sign owner, the department shall, concurrently with and in addition to posting the notice on the sign, provide written notice to the owner, stating that the sign is illegal and must be permanently removed from the right-of-way within the 10-day period specified on the posted notice and that the owner has a right to request a hearing, which request must be filed with the department within 30 days after the date of the notice. However, the request for a hearing will not stay the removal of the sign. If, pursuant to the notice provided, the sign is not removed from the right-of-way by the owner within the prescribed period, then the department shall immediately remove the sign without further notice.
(2) Notwithstanding the provisions of subsection (1), the department is authorized to remove, without notice, any sign on the right-of-way which it determines to be a safety hazard to the traveling public or any unpermitted sign on the right-of-way.
(3) If a sign that has been noticed pursuant to this section is returned to the right-of-way, the department shall immediately remove the sign without further notice.
(4) If after a hearing, it is determined that a sign has been wrongfully or erroneously removed pursuant to this section, the department, at the sign owner’s discretion, shall either pay just compensation to the owner of the sign or reerect the sign in kind at the same location at the expense of the department.
(5) The cost of removing a sign by the department or an independent contractor shall be assessed by the department against the owner of the sign.
History.—ss. 11, 26, ch. 84-227; s. 60, ch. 87-225; s. 4, ch. 91-429; s. 39, ch. 94-237; s. 14, ch. 2014-215; s. 35, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.111 - Specified signs allowed within controlled portions of the interstate and federal-aid primary highway system.

479.111 Specified signs allowed within controlled portions of the interstate and federal-aid primary highway system.—Only the following signs shall be allowed within controlled portions of the interstate highway system and the federal-aid primary highway system as set forth in s. 479.11(1) and (2):
(1) Directional or other official signs and notices that conform to 23 C.F.R. ss. 750.151-750.155.
(2) Signs in commercial-zoned and industrial-zoned areas or commercial-unzoned and industrial-unzoned areas and within 660 feet of the nearest edge of the right-of-way, subject to the requirements set forth in the 1972 agreement between the state and the United States Department of Transportation.
(3) Signs for which permits are not required under s. 479.16.
History.—s. 6, ch. 71-971; s. 3, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 3, ch. 78-8; ss. 2, 3, ch. 81-318; ss. 13, 25, 26, ch. 84-227; s. 75, ch. 85-81; s. 4, ch. 91-429; s. 15, ch. 2014-215; s. 36, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.12 - Outdoor advertising on highways.

479.12 Outdoor advertising on highways.—Any person who willfully or maliciously displaces, removes, destroys or injures a mileboard, milestone, danger sign, signal, guide sign, guidepost, highway sign, or historical marker or any inscription thereon, lawfully within or adjacent to a highway, or who in any manner paints, prints, places, puts or affixes any advertisement upon or to any rock, stone, tree, fence, stump, pole, mileboard, milestone, danger sign, guide sign, guidepost, highway sign, historical marker, buildings, barns or other object lawfully within the limits of any highway, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 10, ch. 20446, 1941; s. 429, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 25, 26, ch. 84-227; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.14 - Disposition of fees.

479.14 Disposition of fees.—All moneys received by the department under the provisions of this chapter shall be paid by it into the State Treasury and placed in the State Transportation Trust Fund for use in the administration of this chapter.
History.—s. 12, ch. 20446, 1941; s. 2, ch. 61-119; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; ss. 2, 3, ch. 73-57; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 14, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 5, ch. 96-201.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.155 - Local outdoor advertising or sign ordinances.

479.155 Local outdoor advertising or sign ordinances.—The provisions of this chapter shall not be deemed to supersede the rights and powers of counties and municipalities to enact outdoor advertising or sign ordinances.
History.—s. 4, ch. 78-138; s. 2, ch. 81-318; ss. 16, 25, 26, ch. 84-227; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.156 - Wall murals.

479.156 Wall murals.—Notwithstanding any other provision of this chapter, a municipality or county may permit and regulate wall murals within areas designated by such government. If a municipality or county permits wall murals, a wall mural that displays a commercial message and is within 660 feet of the nearest edge of the right-of-way within an area adjacent to the interstate highway system or the federal-aid primary highway system shall be located only in an area that is zoned for industrial or commercial use pursuant to s. 479.024. The municipality or county shall establish and enforce regulations for such areas which, at a minimum, set forth criteria governing the size, lighting, and spacing of wall murals consistent with the intent of 23 U.S.C. s. 131 and with customary use. If a municipality or county exercises such control and makes a determination of customary use pursuant to 23 U.S.C. s. 131(d), such determination shall be accepted in lieu of controls in the agreement between the state and the United States Department of Transportation, and the department shall notify the Federal Highway Administration pursuant to the agreement, 23 U.S.C. s. 131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is subject to municipal or county regulation and 23 U.S.C. s. 131 must be approved by the Department of Transportation and the Federal Highway Administration when required by federal law and federal regulation under the agreement between the state and the United States Department of Transportation and federal regulations enforced by the Department of Transportation under s. 479.02(1). The existence of a wall mural as defined in s. 479.01
1
must not be considered in determining whether a sign as defined in s. 479.01, existing or new, is in compliance with s. 479.07(9)(a).
History.—s. 62, ch. 2007-196; s. 24, ch. 2009-85; s. 48, ch. 2010-225; s. 17, ch. 2014-215; s. 38, ch. 2014-223.
1
Note.—As amended by s. 17, ch. 2014-215. The amendment by s. 38, ch. 2014-223, uses the word “may” instead of the word “must.”
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.21 - Willfully or maliciously removing, destroying, damaging, or altering permitted signs; penalty.

479.21 Willfully or maliciously removing, destroying, damaging, or altering permitted signs; penalty.—Any person who willfully or maliciously removes, damages, destroys, tampers with, or alters in any way a sign for which a permit has been issued under this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 22757, 1945; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 18, 25, 26, ch. 84-227; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part I - General Provisions (Ss. 479.01-479.25) › 479.24 - Compensation for signs; eminent domain; exceptions.

479.24 Compensation for signs; eminent domain; exceptions.—
(1) Just compensation shall be paid by the department upon the department’s acquisition of a lawful conforming or nonconforming sign along any portion of the interstate or federal-aid primary highway system. This section does not apply to a sign that is illegal at the time of its removal. A sign loses its nonconforming status and becomes illegal at such time as it fails to be permitted or maintained in accordance with all applicable laws, rules, ordinances, or regulations other than the provision that makes it nonconforming. A legal nonconforming sign under state law or rule does not lose its nonconforming status solely because it additionally becomes nonconforming under an ordinance or regulation of a local governmental entity passed at a later date. The department shall make every reasonable effort to negotiate the purchase of the signs to avoid litigation and congestion in the courts.
(2) The department is not required to remove any sign under this section if the federal share of the just compensation to be paid upon removal of the sign is not available to make such payment, unless an appropriation by the Legislature for such purpose is made to the department.
(3)(a) The department may use the power of eminent domain when necessary to carry out this chapter.
(b) If eminent domain procedures are instituted, just compensation shall be made pursuant to the state’s eminent domain procedures, chapters 73 and 74.
History.—s. 9, ch. 71-971; s. 5, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 19, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 42, ch. 94-237; s. 19, ch. 2014-215; s. 40, ch. 2014-223.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 479 - Outdoor Advertising › Part II - Special Programs (Ss. 479.261-479.30) › 479.262 - Tourist-oriented directional sign program.

479.262 Tourist-oriented directional sign program.—
(1) A tourist-oriented directional sign program to provide directions to rural tourist-oriented businesses, services, and activities may be established at intersections on rural and conventional state, county, or municipal roads only when approved and permitted by county or local governmental entities within their respective jurisdictional areas. A county or local government that issues permits for a tourist-oriented directional sign program is responsible for sign construction, maintenance, and program operation in compliance with subsection (3) for roads on the state highway system and may establish permit fees sufficient to offset associated costs. A tourist-oriented directional sign may not be used on roads in urban areas or at interchanges on freeways or expressways.
(2) This section does not create a proprietary or compensable interest in any tourist-oriented directional sign site or location for any permittee on any rural and conventional state, county, or municipal road. The department or the permitting entity may terminate permits or change locations of tourist-oriented directional sign sites as determined necessary for construction or improvement of transportation facilities or for improved traffic control or safety.
(3) Tourist-oriented directional signs installed on the state highway system must comply with the requirements of the federal Manual on Uniform Traffic Control Devices and rules established by the department. The department may adopt rules to establish requirements for participant qualification, construction standards, location of sign sites, and other criteria necessary to implement this program.
History.—s. 1, ch. 2007-48; s. 12, ch. 2014-169; s. 22, ch. 2014-215; s. 43, ch. 2014-223.