CopyCited 6 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 938, 1986 Fla. App. LEXIS 7378
...tion
479.11(1), Florida Statutes, provides that "no sign shall be erected, used, operated, or maintained within 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system ..." except in commercial unzoned areas. Section
479.111(2)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2204
...case. We disagree. Section
479.11(1), Florida Statutes (1983), prohibits outdoor advertising "[w]ithin 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or the federal-aid primary system except as provided in s.
479.111, ... ." Signs in agriculturally-zoned areas are not one of the exceptions set out in section
479.111....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1469, 1986 Fla. App. LEXIS 8655
...Appellant was issued outdoor advertising sign permits upon applications submitted in 1982, which described the desired location as "commercial or industrial unzoned within 800 feet of a business." Outdoor advertising signs are allowed in such a location pursuant to section 479.111(2), Florida Statutes, and DOT approved appellant's applications and granted the requested permits....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2279
...of an unzoned commercial or industrial business. Applications for the permitting of outdoor advertising along interstate highways in Florida are regulated by Chapter 479, Florida Statutes, and Florida Administrative Code Rule 14-10.09. Specifically, Section 479.111, Florida Statutes, prohibits outdoor advertising adjacent to interstate highways within 660 feet of the nearest edge of the right-of-way, except within zoned or unzoned commercial areas....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1757, 1986 Fla. App. LEXIS 9260
...NOTES [1] Section
479.11, Florida Statutes (1981), provides in part: No ... advertising sign ... shall be constructed, erected, used, operated or maintained: (1) within 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or the federal-aid primary system except as provided in s.
479.111.... Section
479.111, Florida Statutes (1981), provides in part: Only the following signs shall be permitted ...: (2) Signs in ......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1946, 1986 Fla. App. LEXIS 9627
...NOTES [1] Section
479.08 states in part: The Department has the authority to revoke any permit... in which it determines that the application for the permit contains knowingly false or misleading information or that the permittee has violated any of the provisions of this chapter. [2] Section
479.111, Florida Statutes (1983), provides in part: Only the following signs shall be allowed within controlled portions of the interstate highway system...: (2) Signs in ......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 826741
...ind" six billboards it lost to wildfire, even though, according to DOT's records, the signs Chancellor repaired or rebuilt were (under state law) nonconforming [3] when wildfire damaged or destroyed them in June or July of 1998. See §§
479.11(1) &
479.111(2), Fla....
...But the outdoor advertising signs were substantial structures that were not portable in any ordinary sense and fall within the reach of the statute. [3] The recommended order concluded that the signs were nonconforming both because they were not on property zoned or otherwise designated for commercial or industrial use, see § 479.111(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12145
...commercial zoning was created primarily to permit outdoor advertising. 2 It took the legal position that rule 14-10.05(6) was intended to mean that zoning created primarily to permit outdoor advertising would not qualify as an exception pursuant to section 479.111, Florida Statutes, even if it was validly adopted as a part of comprehensive zoning....
...ng the first part of the test in rule 14-10.-05(6). He then concluded that a plain reading of the rule indicated a two-part test whereby commercial zoning validly adopted as a part of comprehensive zoning would qualify for the statutory exception in section 479.111, even though created primarily to permit outdoor advertising....
...bition against signs. DOT then made its own finding that the evidence in the record proved that Holmes County's zoning ordinance was created primarily to permit outdoor advertising, and for this reason, it did not qualify as an exception pursuant to section 479.111....
...nd for a fact finding proceeding to determine whether the commercial zoning at issue was “created primarily to permit outdoor advertising structures.” REVERSED and REMANDED. WENTWORTH, J., and PEARSON, TILLMAN (Ret.), Associated Judge, concur. . Section 479.111, Florida Statutes (1981), which reads in part as follows: Only the following signs shall be permitted within controlled positions of the interstate and federal-aid primary systems: (2) Signs in commercial and industrial zoned or commercial and industrial unzoned areas subject to agreement established by s....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1372, 1986 Fla. App. LEXIS 8425
...th applicable spacing requirements. Formal administrative proceedings were held for the presentation of evidence, after which the hearing officer determined that although appellant’s signs are located in an unzoned commercial area as referenced in section 479.111(2), Florida Statutes 1 , they are nevertheless subject to the spacing requirement of Florida Administrative Code Rule 14-10.06(b)2b....
...y such exemption upon the spacing requirement of Rule 14-10.06(b)2b. 5 The order appealed in Case No. BF-201 is affirmed. In Case Nos. BE-362 and BF-200, the orders appealed are reversed and the causes remanded. BOOTH, C.J., and SMITH, J., concur. . Section 479.111, Florida Statutes provides that: Only the following signs shall be allowed within controlled portions of the interstate highway system and the federal-aid primary highway system ...: [[Image here]] (2) Signs in commercial-zoned and industrial-zoned areas or commercial-unzoned and industrial-unzoned areas_ ....
CopyPublished | Florida 1st District Court of Appeal
...tdoor advertising structures," Rule 14-10.05(6), Fla. Admin. Code, in order to evade the statutory bar of advertising signs "[w]ithin 600 feet of the nearest edge of the right of way of all portions of the Interstate System ... except as provided in 479.111 F.S." Section 479.111(2) authorizes signs "in commercial and industrial zoned areas." The Department's Rule 14-10.05(6) provides in relevant part: State and local zoning actions must be taken pursuant to the State's zoning enabling statute or constitutional authority and in accordance therewith....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 100, 1987 Fla. App. LEXIS 11848, 1987 WL 31971
...Section
479.11(1) provides: No sign shall be erected, used, operated or maintained: 1) within 660 feet of the nearest edge of the right-of-way of any portion of the interstate highway system or the federal-aid primary highway system, except as provided in ss.
479.111 and
479.16....
...Board of Medical Examiners,
428 So.2d 720 (Fla. 1st DCA 1983). The agency was entitled to define “on” a federal-aid primary highway by reference to the spacing requirement of section
479.11(1). Appellant contends that because its sign was located in an area zoned as commercial intensive, section
479.111(2), an exception to
479.11(1), should apply. Section
479.111(2) provides that signs in commercial-zoned areas and within 660 feet of the nearest edge of the right-of-way of a federal primary highway are allowed, subject to requirements of an agreement between the state and the United States Department of Transportation....
...ould have been able to find the sign ineligible for a permit under the section
479.07(9)(a)2 spacing requirement. Once the Department established that appellant’s sign was “on” a federal-aid primary highway, whether appellant qualified for the section
479.111(2) exception was irrelevant to its ineligibility for a permit under the spacing requirements of section
479.07(9)(a)2, and to the section
479.07(1) requiremient that a sign erected on any portion of the federal-aid primary highway must have a permit....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20978
...ation. National Advertising Company contends that DOT had the burden of proving not only that there was a violation of Section
479.11(1), Florida Statutes (1981), but also that the advertising structures did not fall within the exception provided in Section
479.111(2), Florida Statutes (1981), and that *1143 since the support poles for the signs were set in concrete prior to 8 December 1971, the signs were lawfully in existence on that date, thus compensation is due....
...National Advertising, the owner of two outdoor signs located in Duval County, was cited by DOT for violation of Section 479.-11(1). The parties stipulated that both signs were within 660 feet of the right-of-way of 1-95. However, National Advertising contends that these signs fell within the statutory exception of Section 479.111(2)....
...DOT,
390 So.2d 159 (Fla. 1st DCA 1980), that the burden of proving entitlement to any of the exceptions of Chapter 479 is upon the one claiming the exception. Therefore, National Advertising had the burden of proving it fell within the exception of Section
479.111(2)....
