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Outdoor Advertising: How Billboard Landlords Can Protect Their Property and Their Profits

August 03, 2021

Shareholder Gary Kaleita and Associate Ty Pryor discuss how billboard landlords can maximize their revenue, as well as common issues that arise in the outdoor advertising industry.


Billboards are ubiquitous in the landscape along major Florida thoroughfares, at times seemingly blending into their surroundings. They dot (some would say mar) the landscape on farms and ranches along interstates and on commercial properties in urban areas. Many real estate attorneys have not given much thought to how the outdoor advertising industry (ODA) operates, and, more importantly, have not taken part in an ODA arrangement. This is unusual considering the $8.2 billion ODA industry has grown rapidly in revenue since 2009 (2020 saw a 15% dip in industry growth due to the COVID pandemic) and is expected to continue to climb as the economy awakens from its coronavirus-induced slumber. In this article, we will discuss a few ways landowners (i.e., potential billboard lessors) can maximize the revenue generated from their billboard leases, while addressing some of the more common issues that can arise in an ODA agreement.

First, it is important to note that ODA on state and federal roads in Florida is regulated by the Florida Department of Transportation. ODA is also subject to regulation by local ordinance. This generally isn’t an issue for potential lessors, because entities that are engaged in building and maintaining ODA identify parcels and their owners who are eligible under state and local rules for ODA structures. Once potential ODA lessees have identified where they would like their ODA to be constructed, they reach out to the applicable landowner. Owners, however, should always have their attorney consider applicable local ordinances and state regulations before entering an agreement with an advertiser. [Read more]

This blog was originally posted on Lowndes Leasing Lawyers.

Lowndes has sophisticated leasing attorneys who are familiar with ODA issues. Please reach out to us if you have any questions, concerns, or plans to get into the ODA market, and we will be happy to assist you.  


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Gary

With more than 30 years of experience in real estate law, including over 20 years as a Board-certified expert in the field, Gary Kaleita has acquired the ability to navigate the complexities of sophisticated real estate deals with relative ease.

Gary has a wide variety of experience in real estate development, finance and transactions, condominiums, property owners’ associations, commercial leasing, commercial lending, and title insurance.

Gary enjoys a reputation for anticipating and avoiding problems, rather than merely reacting to them. He has years of experience handling purchases, sales and financings of commercial and residential projects, including office, industrial, retail, multi-family, single-family, condominium, resort, hotel and golf course properties. Gary has prepared and negotiated contracts for sale and purchase, performed due diligence investigations, and handled all aspects of closings, including issuance of title insurance and legal opinions. He has also performed tax free exchanges (both forward and reverse) under Section 1031 of the Internal Revenue Code, and has handled closings for housing revenue bond financing transactions with the Florida Housing Finance Corporation and various local housing finance authorities.

In the area of real estate development, Gary has assisted developers in obtaining land use approvals, plat approvals and permits for various developments from a number of jurisdictions in Central Florida, including planned developments (PD’s) and Developments of Regional Impact (DRI’s). He has drafted and negotiated complex land use documents, including development agreements, cost-sharing agreements, declarations of covenants, conditions, restrictions and easements. He also has experience in mall and shopping center developments, including outparcels, and has assisted developers with the selection, formation and operation of business entities, including commercial and residential property owners associations. He has extensive experience with the formation and operation of both commercial and residential condominiums as well.

In addition, Gary has established somewhat of a boutique practice by acting as local counsel to help out-of-state lenders, investors and law firms navigate the complexities of Florida real estate law. He is frequently engaged by large national and international law firms needing assistance on a variety of issues for their clients doing business in Florida. Gary regularly provides advice on Florida law and custom pertaining to purchase and sale contracts as well as loan documents, addresses local due diligence issues, answers questions involving titles, surveys and title insurance, and provides Florida legal opinions.

Not just another real estate lawyer, before pursuing his career in law Gary served as a U.S. Naval officer on active duty for 4 years in the Mediterranean Sea, first with a patrol gunboat squadron in Italy and then at a communications station in Greece. During this period he traveled extensively throughout Europe, the Middle East and North Africa. He believes his military experience is the source of the practical approach he has developed to problem solving.

Gary also took the initiative, after a homeowner in his own neighborhood was mauled by a Florida black bear in 2013, of researching what his homeowners’ association could do to limit the likelihood of future attacks. In the process, he became an expert in the subject of “bear-wise” communities and drafted a policy that his own homeowners’ association adopted, thereby becoming the first residential community to be officially recognized as bear-wise by the Florida Fish and Wildlife Conservation Commission (FWC). He has since written and spoken extensively on this subject, serves on the FWC’s Central Bear Management Unit Stakeholder Group, and has become a resource for FWC to educate other communities on the importance of bear-wise practices in areas of Florida containing black bear habitat.

Gary focuses on finding pragmatic solutions to complex problems, recognizing that clients want sensible and realistic advice in a timely manner so they can go about their business.

Chambers USA (2015)* reports that Gary has substantial experience acting as lender’s counsel and is acclaimed by market sources as an “extremely responsive, very practical and reasonable” practitioner.


*We make no guarantees or promises that the reader will realize the same or similar results

Ty

Ty Pryor is an attorney in the firm’s Real Estate Group, and his practice focuses on real estate development, finance and transactions, condominiums, property owners’ associations, commercial leasing, commercial lending and title insurance.

Prior to attending law school, Ty was a professional baseball player and high school mathematics teacher. He also served for five years in the United States Army as a Russian cryptologic linguist.

Ty earned his juris doctorate from the University of Florida Levin College of Law, where he was a member of the Journal of Technology Law & Policy and received CALI Awards in Cybersecurity Law and Administrative Law. While at law school, he served as a legal intern for the United States Department of Homeland Security and was a summer law clerk at Lowndes. Ty received his bachelor’s degree in public communications and political science from the University of North Florida, where he was a pitcher for the university's baseball team. He also holds an associate of arts degree in Russian studies from the Defense Language Institute.

In the community, Ty has been an active volunteer with organizations such as the University of Florida Collegiate Veterans Success Center and the Humane Society of North Central Florida. When not practicing law, he enjoys golf, hiking, motorcycling and cheering on the Orlando Magic.

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