CopyPublished | Court of Appeals for the Eleventh Circuit
...obtain federal highway funds and “to make all contracts and do all things necessary to cooperate with the United States Government in the construction of roads under the provisions of such Acts of Congress and all amendments thereto.” Fla.Stat. § 339.05....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 11592, 2009 WL 2513472
...In support of this petition, appellant alleged the sections of the Florida Statutes which Rule 14-10.007 states that it implements, do not, in fact, provide the necessary authorization to promulgate the rule. The ALJ disagreed and found sections
479.02(1) and
339.05, Florida Statutes (2007), provide support for the rule and, thus, the ALJ denied the petition....
...ng embellishments." Fla. Admin. Code R. 14-10.006(5). Thus, a reference to "size" in the Florida Administrative Code does not include the overall height of a sign structure or the HAGL of a sign. [3] Second, we find the ALJ erred in determining that section 339.05 authorizes Rule 14-10.007(2)(b) on the basis that section 339.05, Florida Statutes (2007), provides specific support for the rule's implementation. Rule 14-10.007 states it implements section 339.05, which provides that: The state hereby assents to the provisions of the Act of Congress approved July 11, 1916, known as the Federal Aid Law, which Act of Congress is entitled "An act to provide that the United States shall aid the sta...
...mendments thereto. (Emphasis added). FDOT asserts that the State stands to lose 10% of its federal highway funds if it does not maintain "effective control" of "outdoor advertising" under the Federal-State Agreement. Therefore, the FDOT asserts that section 339.05 authorizes Rule 14-10.007(2)(b) as a measure to maintain that control and to avoid a cut in the State's federal highway funding....
...This argument is without merit because the Federal-State Agreement applies, by its very language, only to size, lighting, and spacing of signs. As previously determined, height is not contained under the term "size." [4] Further, the plain language of section 339.05 states that it applies in the context of construction of roads. Regulation of a sign's HAGL is not logically related to the construction of roads. Thus, section 339.05 cannot provide the required authority *804 for Rule 14-10.007(2)(b)....
...Embellishments may be added to nonconforming signs subject to the limitations regarding size of sign facing, and provided they do not exceed 10% of the area of the sign facing prior to the addition of the embellishment; ... Specific Authority
334.044(2),
479.02(7) FS. Law Implemented
339.05,
479.02,
479.07(9) FS....
