Florida District Courts of Appeal, 1986

Bill Salter Outdoor Advertising, Inc. v. Department of Transportation

Florida District Courts of Appeal · Decided October 31, 1986 · Barfield, Ervin, Wigginton

497 So. 2d 695; 11 Fla. L. Weekly 2289; 1986 Fla. App. LEXIS 10434 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Lamar Advertising Co. v. Department of Transportation (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ERVIN, Judge.

Appellant appeals from the revocation by the Department of Transportation of its outdoor advertising permits, pursuant to Section 479.08, Florida Statutes (Supp. 1984). We reverse, finding the case is controlled by Tri-State Systems, Inc., v. Department of Transportation, 500 So.2d 182 (Fla. 1st DCA 1986).

As was the case in Tri-State, the revocation of the sign permits in the case at bar is based on a change of interpretation by DOT regarding what constitutes visible *696commercial activity pursuant to the requirements of Section 479.01, Florida Statutes. As this court stated in Tri-State: “Although DOT may revoke a permit for reasons specified in the statute, it may not do so because DOT’s interpretation of that statute has subsequently changed.” See also Food ’N Fun, Inc. v. Department of Transportation, 493 So.2d 23 (Fla. 1st DCA 1986); Wainwright v. Department of Transportation, 488 So.2d 563 (Fla. 1st DCA 1986).

REVERSED.

WIGGINTON and BARFIELD, JJ., concur.

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