(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.
Structure 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.
479.024 - Commercial and industrial parcels.
479.03 - Jurisdiction of the Department of Transportation; entry upon privately owned lands.
479.04 - Business of outdoor advertising; license requirement; renewal; fees.
479.05 - Denial, suspension, or revocation of license.
479.08 - Denial or revocation of permit.
479.10 - Sign removal following permit revocation or cancellation.
479.105 - Signs erected or maintained without required permit; removal.
479.106 - Vegetation management.
479.107 - Signs on highway rights-of-way; removal.
479.11 - Specified signs prohibited.
479.12 - Outdoor advertising on highways.
479.15 - Harmony of regulations.
479.155 - Local outdoor advertising or sign ordinances.
479.16 - Signs for which permits are not required.
479.24 - Compensation for signs; eminent domain; exceptions.
479.25 - Erection of noise-attenuation barrier blocking view of sign; procedures; application.