The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 479
OUTDOOR ADVERTISING

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F.S. 479.11

479.11 Specified signs prohibited.—No sign shall be erected, used, operated, or maintained:

(1) Within 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system or the federal-aid primary highway system, except as provided in ss. 479.111 and 479.16.

(2) Beyond 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system or the federal-aid primary highway system outside an urban area, which sign is erected for the purpose of its message being read from the main-traveled way of such system, except as provided in ss. 479.111(1) and 479.16.

(3) Within 15 feet of the outside boundary of the right-of-way of any highway on the State Highway System outside of an incorporated area or on the interstate or federal-aid primary highway system outside an incorporated area.

(4) Within 100 feet of any church, school, cemetery, public park, public reservation, public playground, or state or national forest, when such facility is located outside of an incorporated area, except as provided in s. 479.16.

(5)(a) Which displays intermittent lights not embodied in the sign, or any rotating or flashing light within 100 feet of the outside boundary of the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system or which is illuminated in such a manner so as to cause glare or to impair the vision of motorists or otherwise distract motorists so as to interfere with the motorists’ ability to safely operate their vehicles.

(b) If the sign is on the premises of an establishment as provided in s. 479.16(1), the local government authority with jurisdiction over the location of the sign shall enforce the provisions of this section as provided in chapter 162 and this section.

(6) Which uses the word “stop” or “danger,” or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official signs, and which is adjacent to the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.

(7) Which is placed on the inside of a curve or in any manner that may prevent persons using the highway from obtaining an unobstructed view of approaching vehicles and which is adjacent to the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.

(8) Which is located upon the right-of-way of any highway on the State Highway System, interstate highway system, or federal-aid primary highway system.

(9) Which is nailed, fastened, or affixed to any tree or is erected or maintained in an unsafe, insecure, or unsightly condition and which is adjacent to the right-of-way of any highway on the State Highway System outside of an incorporated area or on any portion of the interstate highway system or the federal-aid primary highway system.

(10) Which is on a new highway outside an urban area and otherwise would have been subject to the permit requirements of this chapter.

History.—s. 9, ch. 20446, 1941; s. 3, ch. 26959, 1951; s. 1, ch. 31413, 1956; s. 1, ch. 57-282; s. 2, ch. 61-151; s. 5, ch. 71-971; s. 2, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 12, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 44, ch. 94-237; s. 32, ch. 95-257; s. 4, ch. 2012-83.

F.S. 479.11 on Google Scholar

F.S. 479.11 on Casetext

Amendments to 479.11

Arrestable Offenses / Crimes under Fla. Stat. 479.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 479.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BT LLC, A v. VILLAGE OF WELLINGTON, FLORIDA, A, 240 So. 3d 1 (Fla. App. Ct. 2018)

. . . erected, used, operated, or maintained in a manner that violates any of the standards provided in s. 479.11 . . .

UNITED STATES v. GUILLEN- CRUZ,, 853 F.3d 768 (5th Cir. 2017)

. . . . § 479.11. . . .

UNITED STATES v. JIMENEZ,, 191 F. Supp. 3d 1038 (N.D. Cal. 2016)

. . . . § 479.11. III. . . . They agree that Section 479.11 of the CFR defines a receiver as the “part of a firearm which provides . . . As the plain language of Section 479.11 shows, barrel threading is not a mandatory element. . . . Certainly nothing in CFR Section 479.11 would have given Jimenez fair warning before making his purchase . . . 5861(d) is based on the theory that he possessed a “receiver” as that term is: defined in 27 C.F.R. § 479.11 . . .

UNITED STATES v. BERRES,, 777 F.3d 1083 (10th Cir. 2015)

. . . .” § 479.11; see 26 U.S.C. § 5845(f). . . .

F. HEFFNER C. H. Sr. M. J. Jr J. v. J. MURPHY A. III J. O. C. A. L., 745 F.3d 56 (3d Cir. 2014)

. . . . § 479.11(a)(8) (“The board ... may refuse to grant, refuse to renew, suspend or revoke a license of . . . Ann. § 479.11(a)(8). . . .

UNITED STATES v. BLACK,, 739 F.3d 931 (6th Cir. 2014)

. . . and intended to fire a projectile (bullet) from one or more barrels when held in one hand.” 27 CFR § 479.11 . . . “putting together, altering, any combination of these, or otherwise producing a firearm.” 27 CFR § 479.11 . . . firearms that are “originally designed, [altered], and intended” to be fired with one hand. 27 CFR § 479.11 . . .

F. HEFFNER, v. J. MURPHY,, 866 F. Supp. 2d 358 (M.D. Pa. 2012)

. . . . § 479.11(a)(8))). . . . Ann. § 479.11(a)(8) and 49 Pa.Code § 13.202(5). Count XIV — All Plaintiffs v. . . .

F. HEFFNER, v. J. MURPHY,, 590 F. Supp. 2d 710 (M.D. Pa. 2008)

. . . . § 479.11(a)(8) AND 49 PA. CODE § 13.202(5) (COUNT XIII) BE GRANTED? . . . Plaintiffs have averred that 63 P.S. 479.11(a)(8) and 49 Pa.Code § 13.202(5) are presently being interpreted . . . The Motion is DENIED insofar as it references the Plaintiffs’ constitutional challenges to 68 P.S. § 479.11 . . . All Defendants challenging the legality of 63 P.S. § 479.11(a)(8) and 49 Pa.Code § 13.202(5). . . . intent to have such person aid in securing business, or other similar unprofessional conduct. 63 P.S. § 479.11 . . .

UNITED STATES v. LIM,, 444 F.3d 910 (7th Cir. 2006)

. . . . § 479.11, provides clear instruction in that regard. . . .

In COLLINS,, 335 B.R. 646 (Bankr. S.D. Tex. 2005)

. . . Thus, the Debtor’s monthly income has decreased $479.11 and his monthly expenses have increased $91.00 . . .

WALKER, v. FLITTON, A. III, J. D. J. O., 364 F. Supp. 2d 503 (M.D. Pa. 2005)

. . . . § 479.11(a)(5)). . . .

UNITED STATES v. ONE COLT AR- FIREARM SERIAL NUMBER, 349 F. Supp. 2d 1064 (W.D. Tenn. 2004)

. . . . § 479.11 provides that the length of a barrel “shall be determined by measuring the distance between . . . Seventh Circuit misinterpreted the interplay between 27 C.F.R. § 179.11, now codified as 27 C.F.R. § 479.11 . . .

UNITED STATES v. ONE HARRINGTON AND RICHARDSON RIFLE, MODEL M- CALIBER SERIAL NUMBER, 278 F. Supp. 2d 888 (W.D. Mich. 2003)

. . . ATF Rul. 82-2, 27 CFR 479.11. . . .

CAFE EROTICA We v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 830 So. 2d 181 (Fla. Dist. Ct. App. 2002)

. . . establishment and which comply with the lighting restrictions under department rule adopted pursuant to s. 479.11 . . . See, e.g., § 479.11(5), Fla. . . . displaying rotating or flashing lights in such a manner as to cause glare or to impair motorists’ vision); § 479.11 . . .

CHANCELLOR MEDIA WHITECO OUTDOOR CORPORATION, v. STATE DEPARTMENT OF TRANSPORTATION,, 796 So. 2d 547 (Fla. Dist. Ct. App. 2001)

. . . See §§ 479.11(1) & 479.111(2), Fla. Stat. (1997). . . .

LAMAR ADVERTISING COMPANY, v. DEPARTMENT OF TRANSPORTATION,, 559 So. 2d 240 (Fla. Dist. Ct. App. 1990)

. . . DOT’s outdoor advertising supervisor testified that for purposes of section 479.11(4), the department . . . testimony from anyone in the department that the DOT ever employed the right of way method for section 479.11 . . . The applicable statute, section 479.11(4), Florida Statutes (1987), provides in pertinent part: No sign . . . personnel concerning the department’s method of measuring for sign placement in the context of section 479.11 . . . Since section 479.11(4) does not prescribe a methodology for determining placement of a sign in the area . . .

HANCOCK ADVERTISING, INC. v. DEPARTMENT OF TRANSPORTATION,, 549 So. 2d 1086 (Fla. Dist. Ct. App. 1989)

. . . 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system. § 479.11 . . . See § 479.11(1), Fla.Stat. (1987). . . . Section 479.11(2) provides that "No sign shall be erected ... beyond 660 feet of the nearest edge of . . . However, section 479.11(1) which prohibits signs such as the subject sign within 660 feet of the right-of-way . . . the road from which the sign is intended to be read only under the circumstances set forth in section 479.11 . . .

ATLANTIC OUTDOOR ADVERTISING, v. DEPARTMENT OF TRANSPORTATION,, 518 So. 2d 384 (Fla. Dist. Ct. App. 1987)

. . . distance between appellant’s sign and the Naegele sign; 4) whether appellant’s sign violates section 479.11 . . . Section 479.11(1) provides: No sign shall be erected, used, operated or maintained: 1) within 660 feet . . . The agency did not find appellant in violation of section 479.11(1). . . . The agency made reference to section 479.11(1) only to establish its jurisdictional and regulatory control . . . However, the Department did not find appellant in violation of section 479.11(1), and this exception . . .

NELSON RICHARD ADVERTISING, a v. DEPARTMENT OF TRANSPORTATION,, 513 So. 2d 181 (Fla. Dist. Ct. App. 1987)

. . . Section 479.11(1), Florida Statutes (1983), prohibits outdoor advertising “[w]ithin 660 •feet of the . . .

CHIPLEY MOTEL, v. DEPARTMENT OF TRANSPORTATION,, 498 So. 2d 1357 (Fla. Dist. Ct. App. 1986)

. . . the south side of I — 10, 1.4 miles west of SR 77 in Washington County, was in violation of section 479.11 . . . After DOT served notice on appellant in 1984 that the sign was being maintained in violation of section 479.11 . . . subject sign’s location which would qualify the site as an unzoned commercial or industrial area. §§ 479.11 . . .

BILL SALTER OUTDOOR ADVERTISING, INC. v. DEPARTMENT OF TRANSPORTATION,, 499 So. 2d 22 (Fla. Dist. Ct. App. 1986)

. . . Department of Transportation of his outdoor advertising permit, pursuant to the provisions of sections 479.11 . . .

TRI- STATE SYSTEMS, v. DEPARTMENT OF TRANSPORTATION,, 492 So. 2d 1164 (Fla. Dist. Ct. App. 1986)

. . . .-01(10)(f) and 479.11, Florida Statutes. . . . Section 479.11, Florida Statutes (1981), provides in part: No ... advertising sign ... shall be constructed . . .

E. HAMMOND, v. DEPARTMENT OF TRANSPORTATION,, 493 So. 2d 33 (Fla. Dist. Ct. App. 1986)

. . . commercially zoned area, it falls within the above exception to the prohibition contained in Section 479.11 . . .

FOOD N FUN, INC. v. DEPARTMENT OF TRANSPORTATION,, 493 So. 2d 23 (Fla. Dist. Ct. App. 1986)

. . . Sections 479.11(1), 479.111(2), Florida Statutes. . . .

M. WAINWRIGHT, v. STATE DEPARTMENT OF TRANSPORTATION,, 488 So. 2d 563 (Fla. Dist. Ct. App. 1986)

. . . To that end, Section 479.11(1), Florida Statutes, provides that “no sign shall be erected, used, operated . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. E. T. LEGG COMPANY,, 472 So. 2d 1336 (Fla. Dist. Ct. App. 1985)

. . . The types of advertising signs permitted and those prohibited are set out in sections 479.11 and 479.111 . . .

DEPARTMENT OF TRANSPORTATION, v. E. DURDEN, W. L. d b a, 471 So. 2d 1271 (Fla. 1985)

. . . Transportation notified appellees that these signs were in an unpermitted zone, in violation of section 479.11 . . .

BEST WESTERN TIVOLI INN v. DEPARTMENT OF TRANSPORTATION,, 448 So. 2d 1052 (Fla. Dist. Ct. App. 1984)

. . . Section 479.11, Florida Statutes (1981), generally prohibits billboards within the area in which appellants . . .

NATIONAL ADVERTISING COMPANY, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 418 So. 2d 1142 (Fla. Dist. Ct. App. 1982)

. . . Company contends that DOT had the burden of proving not only that there was a violation of Section 479.11 . . . We agree that DOT had the burden of proving a violation of Section 479.11(1), disagree with the other . . .

HENDERSON SIGNS, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 397 So. 2d 769 (Fla. Dist. Ct. App. 1981)

. . . August 3, 1978, the Department of Transportation filed a notice of violation of Sections 479.07 and 479.11 . . . to the violations alleged because the term “highway” appears both in Section 479.07 and in Section 479.11 . . . Section 479.11, Florida Statutes (1979) provides: “No advertisement, advertising sign or advertising . . .

CITY OF LAKE WALES, v. LAMAR ADVERTISING ASSOCIATION OF LAKELAND, a d b a, 399 So. 2d 981 (Fla. Dist. Ct. App. 1981)

. . . Chapter 479 imposes the following restrictions, among others, on billboards: 479.11 Certain outdoor advertising . . . And it cannot be said that § 479.11(1), Florida Statutes, F.S.A., and Dade County Ordinance No. 63-26 . . . legislature clearly intended to permit restrictions on billboards more stringent than those in section 479.11 . . . See §§ 479.11, .16, Fla.Stat. (1979). . . .

REDDOCK, d b a v. DEPARTMENT OF TRANSPORTATION,, 390 So. 2d 818 (Fla. Dist. Ct. App. 1980)

. . . Section 479.11, Florida Statutes (1979); Henderson Sign Service v. . . .

JOHNSON JOHNSON, INC. v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 371 So. 2d 494 (Fla. Dist. Ct. App. 1979)

. . . First we would note that the only statutory provision regulating lighting is Section 479.11, which prohibits . . .

WALKER, III, v. STATE DEPARTMENT OF TRANSPORTATION,, 366 So. 2d 96 (Fla. Dist. Ct. App. 1979)

. . . Sections 479.11, 479.24, Florida Statutes (1977); Sections 14-10.19 et seq., Fla.Admin.Code. . . . which would remain subject to removal, upon payment of compensation, for its nonconformance to Section 479.11 . . . Section 479.11. . . . lawfully nonconforming to the 660-foot setback requirement of the Highway Beautification Act, Section 479.11 . . . required to be removed without compensation pursuant to Sections 479.07, .10, and .17, and Section 479.11 . . .

A. W. LEE, Jr. v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 366 So. 2d 116 (Fla. Dist. Ct. App. 1979)

. . . this Court affirmed removal of a sign found to have been erected in violation of Florida Statute § 479.11 . . . Law Implemented 479.02, 479.05, 479.11, 479.10 and 479.16 F.S., Agreement between Governor and U. . . . Fla.Stat. § 479.11(1): “No advertisement, advertising sign or advertising structure shall be constructed . . .

WHITE ADVERTISING INTERNATIONAL, a v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 364 So. 2d 104 (Fla. Dist. Ct. App. 1978)

. . . The sign was lawfully in existence on December 8,1971, even though violative of § 479.11(2), because . . . The hearing officer concluded that White had erected a sign in violation of § 479.11, Fla.Stat. (1977 . . . Section 479.11(1) provides that no outdoor advertising sign “shall be constructed, erected, used, operated . . .

WALKER, III, v. STATE DEPARTMENT OF TRANSPORTATION,, 352 So. 2d 126 (Fla. Dist. Ct. App. 1977)

. . . officer and finding that petitioner’s signs adjacent to an interstate highway are in violation of Section 479.11 . . . pecans at a stand on a nearby intersecting highway, were excepted from the proscription of Section 479.11 . . .

H. HARRISON M. a d b a v. STATE DEPARTMENT OF TRANSPORTATION,, 349 So. 2d 720 (Fla. Dist. Ct. App. 1977)

. . . is within 660 feet of the nearest edge of the right-of-way of Interstate 10, in violation of Section 479.11 . . . 479.16(1), Florida Statutes (1975) which excepts those signs from the above-noted provision of Section 479.11 . . .

STUCKEY S OF EASTMAN, GEORGIA, v. DEPARTMENT OF TRANSPORTATION,, 340 So. 2d 119 (Fla. Dist. Ct. App. 1976)

. . . Transportation, ordering removal of certain outdoor advertising signs found to violate §§ 479.07(1) and 479.11 . . .

E. B. ELLIOTT ADV. CO. F. v. METROPOLITAN DADE COUNTY, a, 425 F.2d 1141 (5th Cir. 1970)

. . . The Chapter further provides: § 479.11 No advertisement, advertising sign or advertising structure shall . . . And it cannot be said that § 479.11(1), Florida Statutes, F.S.A., and Dade County Ordinance No. 63-26 . . .

SEBOLT E. v. STATE ROAD DEPARTMENT, 176 So. 2d 590 (Fla. Dist. Ct. App. 1965)

. . . their property, and that the signs are erected within the right of way in violation of Sections 335.13, 479.11 . . .