CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 2285, 1989 Fla. App. LEXIS 5309, 1989 WL 110924
...of the DOT held in the order on review that: [B]ecause the subject sign is immediately adjacent to Interstate 95, visible from the main-traveled way of Interstate 95 and erected without a permit, the subject *1088 sign should be removed pursuant to Section 479.105(1), Fla....
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CopyCited 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....
...sible prior restraint on speech nor do these regulations improperly restrict commercial speech. Accordingly, sections
479.07 and
479.08 and rules 14-10.004 and 14-10.006 are facially constitutional. AFFIRMED. MINER and BENTON, JJ., CONCUR. NOTES [1] Section
479.105(1)(e) grandfathers signs which were unpermitted, structurally unchanged and continuously maintained at the same location for seven years or more....
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Cited as authorityScott (2022)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 13 Fla. L. Weekly 2663, 1988 Fla. App. LEXIS 5405, 1988 WL 130475
...Maxine F. Ferguson and Thomas H. Bateman, III, Tallahassee, for appellee. RYDER, Judge. This is an appeal from a final order of the Department of Transportation (DOT) holding that appellant's business establishment sign was erected in violation of section
479.105 and section
479.02(1), Florida Statutes (1987), and ordering the sign's removal....
...sign property. Appellant had not, however, begun construction of the playground. After reviewing the case, the hearing officer held: Section
479.07, Florida Statutes, prohibits the erection of signs on the interstate highway system without a permit; Section
479.105 provides for the removal of signs which require permits and do not have same; and Section
479.02 authorizes the Department of Transportation to regulate the spacing of signs on the interstate system....
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CopyCited 1 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 317, 1985 Fla. LEXIS 3485
ORDER PER CURIAM. The amended order of the trial court is reversed and subsections 479.105(1) and (3), Florida Statutes (Supp.1984), are declared to be constitutional both on their face and as applied to appellees....
...An opinion of this Court will follow. It is so ordered. BOYD, C.J., and OVERTON, ALDERMAN, MCDONALD, EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents. OPINION ALDERMAN, Justice. The Circuit Court of the Second Judicial Circuit in its amended order held subsections 479.105(1) and (3), Florida Statutes (Supp.1984), to be unconstitutional....
...ucted without the requisite sign permits, in violation of section
479.07(1), Florida Statutes (Supp.1984). Appellees then requested a hearing pursuant to chapter 120. On January 4, 1985, the Department posted the sign faces with a notice pursuant to section
479.105(l)(a), Florida Statutes (Supp.1984), stating that the signs were illegal and would be removed thirty days after posting, notwithstanding the pendency of the administrative hearings....
...An administrative hearing was held on January 15, 1985, and an order recommending removal of the unpermitted signs was issued on March 27, 1985. Appellees then filed a complaint in the circuit court for injunctive and declaratory relief challenging the validity of section 479.105, Florida Statutes (Supp.1984), which allows the removal of illegal advertising signs even if an administrative hearing had been requested. The trial court, in its amended order, held that subsections (1) and (3) of section 479.105 on their face and as applied to appellees violate article I, section 9, because “these subsections deny them an opportunity to be heard and the right to an orderly determination of whether appellees’ signs are properly subject to...
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 8042, 2011 WL 2135594
...In denying and dismissing the County’s count for injunctive relief, the trial court specifically found that the: County cannot demonstrate a likelihood of success on the merits given the fact that it is likely that the County does not have standing pursuant to section 479.105(1)[, Florida Statutes]....
...Section 33-121.15 of the Code, provides that "[n]o variances shall be granted through provisions of applicable regulation which will in any way conflict with or vary the provisions of this division.” Miami-Dade County, Fla., Code of Ordinances, Ch. 33, § 33-121-15. . Section
479.105(1) provides: Any sign which is located adjacent to the right-of-way of any highway on the State Highway System outside an incorporated area or adjacent to the right-of-way on any portion of the interstate or federal-aid primary highway system, which sign was erected, operated, or maintained without the permit required by s.
479.07(1) having been issued by the department, is declared to be a public nuisance and a private nuisance and shall be removed as provided in this section. §
479.105(1), Fla....
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Cited as authorityMatheson (2018)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4257, 1992 WL 69052
...the 1500-foot spacing requirement provided in Section
479.07(9)(a)(l), Florida Statutes (1989), and Florida Administrative Code Rule 14-10.-006(l)(b)(4), they were therefore illegal, and appellant was required to remove the signs in accordance with Section
479.105, Florida Statutes (1989)....
