How long must advertising materials be maintained in Florida?

When is a permit required and how do I obtain a permit?
An outdoor advertising permit is required for each sign facing (side of sign) of any advertising sign within a controlled area. "Controlled Area" means the area within 660 feet of the right-of-way of all portions of an interstate or federal-aid primary highway or those portions of the state highway outside of an urban area. The controlled area extends to any Outdoor Advertising sign whose message is visible from the interstate, federal-aid primary or state highway system. The completed application form (Form 575-070-04, Application for Outdoor Advertising Permit), all required attachments, and the appropriate permit fee are submitted to:   State Outdoor Advertising Administrator   Florida Department of Transportation   605 Suwannee Street, Mail Station 22   Tallahassee, FL, 32399-0450

If you would like to download a copy of the Application, please click on the form number shown in this paragraph. Attachments to the application form include:

• A signed statement by the owner or other person in lawful control of the proposed sign site authorizing you to place a sign on the site.
• If there are City, County or other local government sign ordinances, a statement from the appropriate official indicating that the sign complies with all local government requirements and that they will issue an outdoor advertising or building permit. A copy of the building permit may be submitted, if available.
• A location sketch of the proposed sign site.
• Written verification from the local government that the land use designations on the current Future Land Use Map (FLUM) and the current Land Development Regulations (zoning) allow commercial or industrial uses.
• A statement of whether vegetation needs to be cut or removed to make the sign visible.

The attachments from the landowner and local government must be issued in the name that is shown on the permit application. Any difference in name will cause the application to be returned to the applicant as incomplete.Before submitting an application for a permit, you must mark the place you intend to put the sign with easily visible markings such as an easily identifiable stake in the ground or a flag. The markings must remain at the site until the Department has completed its review of the application. The Department has 30 days from its receipt of the Application to either approve or deny the application.

Who needs an outdoor advertising license and how do I get the license?

An application should be filed using Application for Outdoor Advertising License Form (Form 575-070-02). If you would like to download a copy of the license application, please click on the form number shown in this paragraph. Application forms are also available from:

What does a permit look like and what do I do with the tag?

If a permit tag is lost, stolen or destroyed you may request a replacement tag by completing Outdoor Advertising Permit Tag Replacement Request (Form 575-070-01).  If you would like to download a copy of the Permit Tag Replacement form, please click on the form number in this paragraph. The cost for a replacement tag is $12.00.

How long is a permit valid and how do I renew my permit?

What if I sell my sign? How do I transfer it?

Permits may be transferred between parties by submitting an Outdoor Advertising Permit Transfer Request Form (Form 575-070-25) to the Department. If you would like to download a copy of the transfer form, please click on the form number in this paragraph. Both the buyer and seller must execute this form with original signatures. This form must be submitted to the department along with payment of a transfer fee of $5.00 per permit. The maximum fee for a transfer of 20 permits or more is $100.00. The transfer fee may be paid by either party.

Does the Department approve the sign message (sign content)?

• Signs cannot display words such as "Stop" or "Danger" in such a manner as to appear to require stopping or to imply the presence of danger.
• Sign copy cannot imitate official signs (such as stop signs, interstate exit signs, etc.)
• Signs may not contain flashing or rotating lights.

How can I lose my permit?

• By not paying the annual renewal fee.
• By not constructing the sign within 270 days of the date the application was approved.
• By not keeping the tag posted on the sign.
• By breaking state statutes or federal regulations.

What happens if I disagree with the Department about a permit or license issue?If you should disagree with the Department about a decision which has been made, you have the right to have an Administrative Hearing Officer hear the issue and recommend a final order to the Secretary of Transportation. If this is your desire, you should submit a written request for Administrative Hearing to:Clerk of Agency ProceedingsFlorida Department of Transportation605 Suwannee Street, Mail Station 58Tallahassee, Florida 32399-0450An Administrative Hearing will then be conducted as provided for in Chapter 120, Florida Statutes.

1. Scope of records of loan originator compensation. Section 1026.25(c)(2)(i) requires a creditor to maintain records sufficient to evidence all compensation it pays to a loan originator, as well as the compensation agreements that govern those payments, for three years after the date of the payments. Section 1026.25(c)(2)(ii) requires that a loan originator organization maintain records sufficient to evidence all compensation it receives from a creditor, a consumer, or another person and all compensation it pays to any individual loan originators, as well as the compensation agreements that govern those payments or receipts, for three years after the date of the receipts or payments.

i. Records sufficient to evidence payment and receipt of compensation. Records are sufficient to evidence payment and receipt of compensation if they demonstrate the following facts: The nature and amount of the compensation; that the compensation was paid, and by whom; that the compensation was received, and by whom; and when the payment and receipt of compensation occurred. The compensation agreements themselves are to be retained in all circumstances consistent with § 1026.25(c)(2)(i). The additional records that are sufficient necessarily will vary on a case-by-case basis depending on the facts and circumstances, particularly with regard to the nature of the compensation. For example, if the compensation is in the form of a salary, records to be retained might include copies of required filings under the Internal Revenue Code that demonstrate the amount of the salary. If the compensation is in the form of a contribution to or a benefit under a designated tax-advantaged plan, records to be maintained might include copies of required filings under the Internal Revenue Code or other applicable Federal law relating to the plan, copies of the plan and amendments thereto in which individual loan originators participate and the names of any loan originators covered by the plan, or determination letters from the Internal Revenue Service regarding the plan. If the compensation is in the nature of a commission or bonus, records to be retained might include a settlement agent “flow of funds” worksheet or other written record or a creditor closing instructions letter directing disbursement of fees at consummation. Where a loan originator is a mortgage broker, a disclosure of compensation or broker agreement required by applicable State law that recites the broker's total compensation for a transaction is a record of the amount actually paid to the loan originator in connection with the transaction, unless actual compensation deviates from the amount in the disclosure or agreement. Where compensation has been decreased to defray the cost, in whole or part, of an unforeseen increase in an actual settlement cost over an estimated settlement cost disclosed to the consumer pursuant to section 5(c) of RESPA (or omitted from that disclosure), records to be maintained are those documenting the decrease in compensation and reasons for it.

ii. Compensation agreement. For purposes of § 1026.25(c)(2), a compensation agreement includes any agreement, whether oral, written, or based on a course of conduct that establishes a compensation arrangement between the parties (e.g., a brokerage agreement between a creditor and a mortgage broker or provisions of employment contracts between a creditor and an individual loan originator employee addressing payment of compensation). Where a compensation agreement is oral or based on a course of conduct and cannot itself be maintained, the records to be maintained are those, if any, evidencing the existence or terms of the oral or course of conduct compensation agreement. Creditors and loan originators are free to specify what transactions are governed by a particular compensation agreement as they see fit. For example, they may provide, by the terms of the agreement, that the agreement governs compensation payable on transactions consummated on or after some future effective date (in which case, a prior agreement governs transactions consummated in the meantime). For purposes of applying the record retention requirement to transaction-specific commissions, the relevant compensation agreement for a given transaction is the agreement pursuant to which compensation for that transaction is determined.

iii. Three-year retention period. The requirements in § 1026.25(c)(2)(i) and (ii) that the records be retained for three years after the date of receipt or payment, as applicable, means that the records are retained for three years after each receipt or payment, as applicable, even if multiple compensation payments relate to a single transaction. For example, if a loan originator organization pays an individual loan originator a commission consisting of two separate payments of $1,000 each on June 5 and July 7, 2014, then the loan originator organization is required to retain records sufficient to evidence the two payments through June 4, 2017, and July 6, 2017, respectively.

2. Example. An example of the application of § 1026.25(c)(2) to a loan originator organization is as follows: Assume a loan originator organization originates only transactions that are not subject to § 1026.36(d)(2), thus all of its origination compensation is paid exclusively by creditors that fund its originations. Further assume that the loan originator organization pays its individual loan originator employees commissions and annual bonuses. The loan originator organization must retain a copy of the agreement with any creditor that pays the loan originator organization compensation for originating consumer credit transactions subject to § 1026.36 and documentation evidencing the specific payment it receives from the creditor for each transaction originated. In addition, the loan originator organization must retain copies of the agreements with its individual loan originator employees governing their commissions and their annual bonuses and records of any specific commissions and bonuses paid.

See interpretation of 25(c)(2) Records Related to Requirements for Loan Originator Compensation in Supplement I