CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 14026
...Walker's signs is that they were unlawfully maintained in 1976 under expired permits. That ground for removal of signs, indeed for prosecution of the owner, was written into law by Chapter 20446, Florida Laws (1941), and it remains substantially the same today. Sections 479.10, .17, Florida Statutes (1941)-(1977)....
...n [of the State Road Department] and paying the annual fee therefor"; prescribed the contents of annual permit applications and established the fees; and provided that "permits issued hereunder shall expire on the first day of October of each year." Section 479.10 required the permittee to remove any sign "within thirty days after the date of the expiration or revocation of the permit for the same." Section 479.17 declared any sign maintained in violation of Chapter 479 to be a "public and priva...
...ection
479.07(4), Florida Statutes (1975), continued its presumption that a sign having no "currently valid permanent permit tag" is maintained in violation of Chapter 479 "and shall be subject to removal by legal representatives of the department." Section
479.10 continued to require permittees to remove any sign within 30 days after "the date of the expiration or revocation of the permit for the same." Section 479.17 continued to declare "a public and private nuisance" any sign maintained in v...
...But in 1976, their permits having expired, the signs had no lawful existence. They were required to be removed without compensation pursuant to Sections
479.07, .10, and .17, and Section
479.11 prohibited their restoration. Considering that the object of Sections
479.10 and .17 is not to take and carry away Mr....
...aid highways. [5] In Mr. Branch's case, the Georgia statute threatened removal of his sign for the reason that it was within 660 feet of the Highway, where it had stood since before Georgia adopted the federal policy. In Mr. Walker's case, Sections 479.10 and .17 required removal of his I-75 signs from the roadside because their permits had expired....
...Thus, instead of expiring automatically on January 1, the former year's permit expires automatically 30 days after the owner's receipt of the second notice. The effect of expiration is the same. The owner must remove the sign within 30 days thereafter or be held to have committed a misdemeanor. Section 479.10, Florida Statutes (1977)....
...The practical distinctions were that revocation proceedings included an opportunity to cure and for hearing, and expiration consequences did not. The consequence of permit expiration was removal of the sign within 30 days by the owner or, failing that, removal "forthwith" by the Department. Sections 479.10, .17, Florida Statutes (1977)....
...red after a 60-day notice to renew, mailed on or before November 1, and a second 30-day notice, Section
479.07(3), Florida Statutes (1978 Supp.), is yet required to remove the sign within 30 additional days, at pain of prosecution for a misdemeanor, Section
479.10, and the sign is yet declared a "public and private nuisance" which the Department is required to abate, Section 479.17; provided, that the Department shall give a 30-day notice and opportunity for hearing before removing a sign bearing the name of the owner and having a value of $100....
...the 14-day opportunity to request a hearing to contest the facts, the law, or the policy which the Department undertook to implement. It may be that the Department was obligated, by reason of the lulling effect of its past nonenforcement of Sections 479.10 and .17, to give signowners notice and a grace period for payment of past fees....
...Roberts Enterprises, Inc.,
304 So.2d 637, 639 (Miss. 1974); New York State Thruway Auth. v. Ashley Motor Court Inc., 10 N.Y.2d 151, 157, 218 N.Y.S.2d 640, 644, 176 N.E.2d 566, 569 (1961); Ghaster Properties, Inc. v. Preston, 176 Ohio St. 425, 431, 200 N.E.2d 328, 333 (1964). [2] Section
479.10, Florida Statutes (1977), provides: Removal....
