Fla. Admin. Code Ann. R. 14-85.021 - Qualification of Businesses

(1) To qualify for participation in any category, a business must be open and operating and meet all of the following conditions:

(a) Hold all necessary licenses and permits to provide the services required to qualify for the category being displayed.

(b) Comply with laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin, and allow admission to the general public. A business shall not qualify if admission or access is based on a membership fee or other means of exclusive admission, or where minors are excluded.

(c) Provide on-site, modern sanitary facilities and a telephone for use by motorists.

(d) Be within a category set forth in subsection 14-85.013(4), F.A.C., and meet the requirements applicable to that category, including distance from the qualifying interchange. The distance will be measured along the crossroad from the point where the crossroad intersects with the centerline of the limited access facility median to the nearest entrance to the premises of the business.

(e) Be located on or visible from the crossroad so that a motorist can immediately discern the type of service provided. However, a business which meets all other qualifications but is not located on or visible from the crossroad will be permitted to display a business logo subject to all of the following conditions:

1. The business demonstrates that additional signs are in place, which are adequate to direct the motorist to its location. Such signs shall be maintained at all times while the business logo is displayed.

2. The business shall provide the Program Administrator with the logo trailblazer signs at its own cost. Written approval must be obtained from the entity having authority for sign placement prior to installation of the logo trailblazer sign. Logo trailblazer signs shall be maintained by the Program Administrator.

3. Space is available to display the business logo on an existing logo structure.

(2) A business qualified in a category of gas, food or lodging only, which is located between three and six miles from the interchange will be granted a permit for a business logo if fewer than six permits have been issued for businesses within three miles of the interchange for that category. A permit for a business logo issued for a business located between three and six miles of the interchange will not be renewed at the next billing date if space is needed to accommodate a business or businesses located within three miles of the interchange that have been qualified for permits. If more than one business is located between three and six miles of the interchange, the logo of the business furthest from the interchange shall be the first to be removed.

(3) A business shall qualify to display a business logo in one direction only, for that specific interchange, if any of the following conditions are met:

(a) The business is located at an interchange that serves one direction only.

(b) The business is located at an interchange serving both directions, but the business can only serve motorists traveling in one direction because of the interchange configuration.

(c) The business is located at an interchange serving both directions, but the business can only be signed in one direction because of sign spacing.

(d) The business is using supplemental signing in one direction but supplemental signing in the other direction is not available.

(4) RV (Recreational Vehicle) Friendly.

(a) Businesses meeting the following requirements shall be granted a permit to display the RV friendly symbol on their business logo:

1. Roadway access and egress shall have a hard surface, be free of potholes, and be at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility.

2. Roadway access, egress, and parking facilities must be free of any electrical wires, tree branches, and other obstructions up to 14 feet above the surface.

3. Facilities requiring short-term parking, such as restaurants or tourist attractions, are required to have 2 or more parking spaces that are at least 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces.

4. Fueling facilities with canopies are required to have at least a 14-foot clearance, and those selling diesel fuel are required to have pumps with non-commercial nozzles.

5. Fueling facilities must allow for pull-through with a swing radius of 50 feet.

6. Campgrounds shall have two or more spaces at least 18 feet wide and 45 feet long.

7. Businesses shall post directional signing on their sites, as needed, to RV friendly parking spaces and other on site RV friendly services.

8. If a left turn into the business is precluded by a median or some other design feature of the crossroad, and a U-turn will be required to access the RV friendly site, an engineering study provided by the applicant is required to demonstrate that a lawful U-turn can be made by RVs within 1,000 feet of the business.

(b) RV friendly symbol design and placement.

1. The design of the RV friendly symbol is a 12'' inch diameter retro-reflective yellow circle with a 1/2 inch approved non-reflective black border as prescribed in Table 2A and Figure 2J-4 of the Manual for Traffic Control Devices incorporated by Rule 14-15.010, F.A.C. The black upper case letters "RV" are inside the circle and are 8'' inches in height and will be approved non-reflective black.

2. The RV friendly symbol shall be located in the lower right-hand corner of the business logo.

3. The RV friendly symbol shall only be displayed on mainline logo structures.

(c) RV friendly participation.

1. Businesses interested in providing this service should contact the Program Administrator.

2. Businesses in all categories may apply to use the RV friendly symbol on their business logos at any time.

3. The Program Administrator will inspect the business to assure compliance with the RV friendly qualifying criteria.

4. If a business subsequently fails to satisfy the RV friendly criteria, the RV friendly symbol shall be removed by the Program Administrator.

(5) Gas. To qualify for a business logo in the gas category, an existing business must meet all of the following conditions:

(a) Operate year round at least 16 hours per day, 360 days a year. However, a business that meets all other qualifications but maintains operating hours less than 16 hours per day will be permitted to display a business logo in the gas category if it meets all of the following conditions:

1. Space is available to display the business logo in the gas category on an existing logo structure.

2. At least one other gas business logo is displayed at the same interchange for a business operating year round at least 16 hours per day, at least 360 days a year.

3. The gas business operating less than 16 hours per day shall operate at least 12 continuous hours per day at least 360 days a year.

(b) Provide on-site vehicle services including: fuel, oil, water, and tire inflation.

(c) Provide drinking water.

(d) Be located within six miles of the interchange.

(6) Accessibility. Any full or self service gas business providing gas pumping service to motorists with disabilities during the hours the business is open, may display the International Symbol of Accessibility for the Handicapped (Symbol D9-6 of the Manual on Uniform Traffic Control Devices incorporated by Rule 14-15.010, F.A.C.) on its business logo. The symbol shall be a minimum of 6 inches wide by 6 inches high and a maximum of 8 inches wide by 8 inches high for the mainline business logo. These dimensions shall be reduced by one half for corresponding ramp business logos. The symbol shall be located in the upper left hand corner of the business logo in a manner in which it touches both the business logo and the display panel and is positioned in such a way as to cause minimal interference with the artwork. Permitted gas category businesses may apply to use this symbol on their business logos at any time. A new participant may elect to participate when the first permit fee payment is submitted.

(a) Gas category businesses providing gas pumping services to motorists with disabilities should contact the Program Administrator. In order to participate, a gas business shall meet all of the following conditions:

1. An attendant shall be on duty to pump gas for motorists with disabilities, without additional charge; and,

2. At least one gas pump is plainly identified with the International Symbol of Accessibility for the Handicapped with an explanation of the method by which the driver can notify an attendant of the need for assistance without exiting the vehicle.

(b) Following the approval of the initial application, the Program Administrator will install the symbol on the mainline and ramp logo signs.

(7) Food. To qualify for a business logo in the food category, an existing business must meet all of the following conditions:

(a) Be licensed in accordance with Section 500.12 or 509.241, F.S., and serve prepared food.

(b) Be located within six miles of the interchange.

(c) Not require a cover charge for admittance.

(d) Maintain continuous operating hours from at least 7:00 a.m. to 10:00 p.m., at least 360 days a year. A business which meets all other qualifications, but maintains operating hours other than 7:00 a.m. to 10:00 p.m., will be permitted to display a business logo in the food category so long as it meets all of the following conditions:

1. Space is available to display the business logo on an existing logo structure.

2. At least one business logo in the food category is displayed at the same interchange, with continuous operating hours from at least 7:00 a.m. to 10:00 p.m.

3. The business shall operate for at least six consecutive hours between 6:00 a.m. and midnight, at least 360 days a year.

(e) If a food business is qualified, except for the fact that the business is only open six days a week, that business will be allowed to participate as a fully qualified business. The business shall identify the day it is closed on the business logo, e.g., Closed Sunday. The legend must be located in the lower one third of the business logo and the letters must be at least 6 inches high. The color of the letters must be in contrast to the color of the background.

(8) Lodging. To qualify to display a business logo in the lodging category, an existing business must meet both of the following conditions:

(a) Be licensed in accordance with Section 509.241, F.S.

(b) Be located within six miles of the interchange.

(9) Camping. To qualify for a business logo in the camping category, an existing business shall hold a permit under the provisions of Section 513.02, F.S., and must be located within fifteen miles of the interchange.

(10) Attraction. To qualify for a business logo in the attraction category, an existing business must meet all of the following conditions:

(a) Be open at least 5 days a week for 52 weeks a year.

(b) Have, as its principal focus, family-oriented entertainment or cultural, educational, recreational, scientific, or historical activities.

(c) Be publicly recognized as a bona fide tourist destination. A bona fide tourist destination shall have, and keep current, all legally required permits and licenses.

(d) Advertise to the general public.

(e) Provide adequate parking.

(f) Not be advertised or displayed on any existing traffic control device, such as a supplemental guide sign or an overhead sign in the direction being signed by the logo sign program.

(g) Be located within fifteen miles of the interchange.

Notes

Fla. Admin. Code Ann. R. 14-85.021

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(1), 479.261(1)(a), 479.261(1)(b), 479.261(7) FS.

New 12-15-09, Amended by Florida Register Volume 41, Number 106, June 2, 2015 effective 6/16/2015.

New 12-15-09, Amended 6-16-15.