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Florida Statute 479.16 - Full Text and Legal Analysis
Florida Statute 479.16 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 479
OUTDOOR ADVERTISING
View Entire Chapter
479.16 Signs for which permits are not required.The following signs are exempt from the requirement that a permit for a sign be obtained under this chapter but are required to comply with s. 479.11(4)-(8), and subsections (15)-(20) may not be implemented or continued if the Federal Government notifies the department that implementation or continuation will adversely affect the allocation of federal funds to the department:
(1) Signs erected on the premises of an establishment which consist primarily of the name of the establishment or identify the principal or accessory merchandise, services, activities, or entertainment sold, produced, manufactured, or furnished on the premises of the establishment and which comply with the lighting restrictions imposed under s. 479.11(5), or signs owned by a municipality or a county located on the premises of such municipality or county which display information regarding governmental services, activities, events, or entertainment. For purposes of this section, the following types of messages are not considered information regarding governmental services, activities, events, or entertainment:
(a) Messages that specifically reference any commercial enterprise.
(b) Messages that reference a commercial sponsor of any event.
(c) Personal messages.
(d) Political campaign messages.

If a sign located on the premises of an establishment consists principally of brand name or trade name advertising and the merchandise or service is only incidental to the principal activity, or if the owner of the establishment receives rental income from the sign, the sign is not exempt under this subsection.

(2) Signs erected, used, or maintained on a farm by the owner or lessee of such farm and relating solely to farm produce, merchandise, service, or entertainment sold, produced, manufactured, or furnished on such farm.
(3) Signs posted or displayed on real property by the owner or by the authority of the owner, stating that the real property is for sale or rent. However, if the sign contains any message not pertaining to the sale or rental of the real property, it is not exempt under this section.
(4) Official notices or advertisements posted or displayed on private property by or under the direction of any public or court officer in the performance of her or his official or directed duties or by trustees under deeds of trust or deeds of assignment or other similar instruments.
(5) Danger or precautionary signs relating to the premises on which they are located; forest fire warning signs erected under the authority of the Florida Forest Service of the Department of Agriculture and Consumer Services; and signs, notices, or symbols erected by the United States Government under the direction of the United States Forest Service.
(6) Notices of any railroad, bridge, ferry, or other transportation or transmission company necessary for the direction or safety of the public.
(7) Signs, notices, or symbols for the information of aviators as to location, directions, and landings and conditions affecting safety in aviation erected or authorized by the department.
(8) Signs or notices measuring up to 8 square feet in area which are erected or maintained upon property and which state only the name of the owner, lessee, or occupant of the premises.
(9) Historical markers erected by authorized public authorities.
(10) Official traffic control signs and markers erected, caused to be erected, or approved by the department.
(11) Signs erected upon property warning the public against hunting and fishing or trespassing.
(12) Signs of up to 8 square feet which are owned by and relate to the facilities and activities of churches, civic organizations, fraternal organizations, charitable organizations, or units or agencies of government.
(13) Signs placed on benches, transit shelters, modular news racks, street light poles, public pay telephones, and waste receptacles, within the right-of-way, as provided for in s. 337.408 are exempt from this chapter.
(14) Signs relating exclusively to political campaigns.
(15) Signs measuring up to 16 square feet placed at a road junction with the State Highway System denoting only the distance or direction of a residence or farm operation, or, outside an incorporated area where a hardship is created because a small business is not visible from the road junction with the State Highway System, one sign measuring up to 16 square feet denoting only the name of the business and the distance and direction to the business.
(16) Signs placed by a local tourist-oriented business located within a rural area of opportunity as defined in s. 288.0656(2) which are:
(a) Not more than 8 square feet in size or more than 4 feet in height;
(b) Located only in rural areas on a facility that does not meet the definition of a limited access facility, as defined in s. 334.03;
(c) Located within 2 miles of the business location and at least 500 feet apart;
(d) Located only in two directions leading to the business; and
(e) Not located within the road right-of-way.

A business placing such signs must be at least 4 miles from any other business using this exemption and may not participate in any other directional signage program by the department.

(17) Signs measuring up to 32 square feet denoting only the distance or direction of a farm operation which are erected at a road junction with the State Highway System, but only during the harvest season of the farm operation for up to 4 months.
(18) Acknowledgment signs erected upon publicly funded school premises which relate to a specific public school club, team, or event and which are placed at least 1,000 feet from any other acknowledgment sign on the same side of the roadway. The sponsor information on an acknowledgment sign may constitute no more than 100 square feet of the sign. As used in this subsection, the term “acknowledgment sign” means a sign that is intended to inform the traveling public that a public school club, team, or event has been sponsored by a person, firm, or other entity.
(19) Displays erected upon a sports facility, the content of which is directly related to the facility’s activities or to the facility’s products or services. Displays must be mounted flush to the surface of the sports facility and must rely upon the building facade for structural support. As used in this subsection, the term “sports facility” means an athletic complex, athletic arena, or athletic stadium, including physically connected parking facilities, which is open to the public and has a seating capacity of 15,000 or more permanently installed seats.
(20) Signs that are located within the controlled area of a federal-aid primary highway but that are on a parcel adjacent to an off-ramp to the termination point of a turnpike system, if there is no directional decision to be made by a driver, the signs are primarily facing the off-ramp, and the signs have been in existence since at least 1995.

If the exemptions in subsections (15)-(20) are not implemented or continued due to notification from the Federal Government that the allocation of federal funds to the department will be adversely impacted, the department shall provide notice to the sign owner that the sign must be removed within 30 days after receipt of the notice. If the sign is not removed within 30 days after receipt of the notice by the sign owner, the department may remove the sign, and the costs incurred in connection with the sign removal shall be assessed against and collected from the sign owner.

History.s. 14, ch. 20446, 1941; s. 4, ch. 26959, 1951; s. 2, ch. 65-397; s. 5, ch. 67-461; ss. 14, 23, 35, ch. 69-106; s. 7, ch. 71-971; s. 4, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 17, 25, 26, ch. 84-227; s. 76, ch. 85-81; s. 1, ch. 88-245; s. 28, ch. 91-220; s. 4, ch. 91-429; s. 45, ch. 94-237; s. 33, ch. 95-257; s. 1, ch. 97-89; s. 410, ch. 97-103; s. 39, ch. 99-385; s. 29, ch. 2000-266; s. 21, ch. 2012-7; s. 11, ch. 2014-169; s. 18, ch. 2014-215; s. 39, ch. 2014-223; ss. 57, 58, ch. 2015-2; s. 52, ch. 2016-239.

F.S. 479.16 on Google Scholar

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Amendments to 479.16


Annotations, Discussions, Cases:

Cases Citing Statute 479.16

Total Results: 12  |  Sort by: Relevance  |  Newest First

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Walker v. State, Dept. of Transp., 366 So. 2d 96 (Fla. 1st DCA 1979).

Cited 12 times | Published | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 14026

...permits of said licensee or permittee which were issued prior to December 1 ..." [2] See, Walker v. State, Department of Transportation, 352 So.2d 126 (Fla. 1st DCA 1977) upholding the DOT's denial of the "farm produce exemption" of Florida Statute § 479.16(2) for Walker's signs....
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Café Erotica v. Florida Dept. of Transp., 830 So. 2d 181 (Fla. 1st DCA 2002).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 15490, 2002 WL 31373490

...2445, 129 L.Ed.2d 497 (1994). In contrast, a regulation which imposes a burden on speech without reference to the ideas or viewpoints expressed in the speech is, in a majority of instances, content-neutral. See id. Except for exemptions under sections 479.105(1)(e) [1] and 479.16, Florida Statutes (2001), section 479.07(1), Florida Statutes (2001), requires a permit before erecting any sign on the State Highway System, of which Interstate 95 is a part....
...he sign complies with all local governmental requirements and that the agency or unit of local government will issue a permit to that applicant upon approval of the state permit application by the department. § 479.07(3)(a), (b), Fla. Stat. (2001). Section 479.16 provides the following exceptions to the permitting scheme: (1) Signs erected on the premises of an establishment, which signs consist primarily of the name of the establishment or which identify the principal or accessory merchandise,...
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Henderson Sign Serv. v. Dept. of Transp., 390 So. 2d 159 (Fla. 1st DCA 1980).

Cited 2 times | Published | Florida 1st District Court of Appeal

...r outdoor advertisements erected near interstate highways. I would therefore expressly recede from that language in Brazil which allows compensation to signowners for signs illegally erected near interstate highways after December 8, 1971. NOTES [1] Section 479.16(12) excepts signs from the provisions of Ch....
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McDonald's Corp. v. Dept. of Transp., 535 So. 2d 323 (Fla. 2d DCA 1988).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 2663, 1988 Fla. App. LEXIS 5405, 1988 WL 130475

...side incorporated towns and cities, no structures may be located within 500 feet of an interchange to be measured from the beginning or ending from the pavement widening. The sign here under consideration is clearly in violation of these provisions. Section 479.16 exempts from the requirement that a permit be issued for signs erected on the premises of an establishment which signs consist primarily of the name of the establishment....
...However oddly shaped the premises is, and however distant the sign is from the restaurant building, the sign is on one and the same premises or area of land occupied by the restaurant building and business it advertises, is an "on-premises" sign within the meaning of sections 479.01(13) and 479.16(1), Florida Statutes, and is exempt from the permitting provisions of chapter 479, Florida Statutes....
...Section 479.07, Florida Statutes (1987), prohibits the erection of signs on the state highway system outside an incorporated area or on any portion of the interstate or federal-aid primary highway system without a permit. Section 479.07(1) provides: Except as provided in s. 479.16, a person may not erect, operate, use, or maintain, or cause to be erected, operated, used, or maintained, any sign on the State Highway System outside an incorporated area or on any portion of the interstate or federal-aid primary highway system without first obtaining a permit for the sign from the department and paying the annual fee as provided in this section. Section 479.16, Florida Statutes (1987), sets out fourteen exemptions to the permitting requirement. Section 479.16(1) provides an exemption for an "on-premises" sign....
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Sun City Shell, Inc. v. Dep't of Transp., 626 So. 2d 1097 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11635, 1993 WL 474123

falls within the on-premises sign exception of section 479.16(1), Florida Statutes (1991).
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Walker v. State, Dep't of Transp., 352 So. 2d 126 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 17074

...The signs were ordered removed. Petitioner contended before the hearing officer and here that his signs, which advertise the sale of pecans at a stand on a nearby intersecting highway, were excepted from the proscription of Section 479.11(1) and (2) by Section 479.16(2), which permits signs ....
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Fuqua & Davis, Inc. v. State, Dep't of Transp., 490 So. 2d 1010 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1372, 1986 Fla. App. LEXIS 8425

...The conclusion that appellant’s signs are not entitled to an “on-premises” exemption was expressly predicated upon the location of the signs on non-contiguous property over 1000 feet removed from the place of business. While this circumstance may have been determinative under section 479.16(1), Florida Statutes (1983), which limited the exemption to areas not more than 100 feet from the place of business, the statute was subsequently amended so as to delete this provision. The amended statute, which became effective prior to DOT’s adoption of the recommended orders, now provides an exemption for certain signs “on the premises of an establishment.” See section 479.16(1), Florida Statutes....
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Empire Outdoor Advert. v. Dep't of Transp., 438 So. 2d 851 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19964

...This absurd result is foreclosed by the DOT’s interpretation of § 479.24. The DOT’s interpretation of Chapter 479, which it is charged with administering, is reasonable and should be affirmed. The signs are not “on premises” signs as defined by § 479.16(1), Fla.Stat....
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Eddy Corp. v. Dep't of Transp., 522 So. 2d 421 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 525, 1988 Fla. App. LEXIS 605

2d 720 (Fla. 1st DCA 1977). Since Harrison, section 479.16(1), Florida Statutes, was amended to eliminate
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Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc. v. Florida Dep't of Transp., 833 So. 2d 300 (Fla. 1st DCA 2002).

Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 19341, 28 Fla. L. Weekly Fed. D 103

PER CURIAM. Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc., challenges the Department of Transportation’s Final Order which concluded that, in accord with § 479.16(1), Florida Statutes, appellant’s billboard sign was not an on-premises sign and was therefore subject to permitting requirements pursuant to Chapter 479, Florida Statutes....
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Harrison v. State, Dep't of Transp., 349 So. 2d 720 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16549

Florida Statutes (1975). Petitioner relies upon Section 479.16(1), Florida Statutes (1975) which excepts those
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Lamar Advert. Assocs. of East Fla., Ltd. v. City of Daytona Beach, 450 So. 2d 1145 (Fla. 5th DCA 1984).

Published | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 12767

...Section 479.15(2), Florida Statutes, provides: No municipality, county, local zoning authority, or other political subdivision shall remove, or cause to be removed, any advertisement or advertising structure without paying compensation in accordance with s. 479.24(1). However, section 479.16, Florida Statutes, provides that certain advertising signs "are excepted from all the provisions of this chapter" and this includes: (12) Advertisements, advertising signs and advertising structures within the corporate limits of citie...

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