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Florida Statute 479.24 | Lawyer Caselaw & Research
F.S. 479.24 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 479
OUTDOOR ADVERTISING
View Entire Chapter
F.S. 479.24
479.24 Compensation for signs; eminent domain; exceptions.
(1) Just compensation shall be paid by the department upon the department’s acquisition of a lawful conforming or nonconforming sign along any portion of the interstate or federal-aid primary highway system. This section does not apply to a sign that is illegal at the time of its removal. A sign loses its nonconforming status and becomes illegal at such time as it fails to be permitted or maintained in accordance with all applicable laws, rules, ordinances, or regulations other than the provision that makes it nonconforming. A legal nonconforming sign under state law or rule does not lose its nonconforming status solely because it additionally becomes nonconforming under an ordinance or regulation of a local governmental entity passed at a later date. The department shall make every reasonable effort to negotiate the purchase of the signs to avoid litigation and congestion in the courts.
(2) The department is not required to remove any sign under this section if the federal share of the just compensation to be paid upon removal of the sign is not available to make such payment, unless an appropriation by the Legislature for such purpose is made to the department.
(3)(a) The department may use the power of eminent domain when necessary to carry out this chapter.
(b) If eminent domain procedures are instituted, just compensation shall be made pursuant to the state’s eminent domain procedures, chapters 73 and 74.
History.s. 9, ch. 71-971; s. 5, ch. 75-202; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 19, 25, 26, ch. 84-227; s. 4, ch. 91-429; s. 42, ch. 94-237; s. 19, ch. 2014-215; s. 40, ch. 2014-223.

F.S. 479.24 on Google Scholar

F.S. 479.24 on Casetext

Amendments to 479.24


Arrestable Offenses / Crimes under Fla. Stat. 479.24
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 479.24.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. BERRES,, 777 F.3d 1083 (10th Cir. 2015)

. . . . § 479.24, which allows an individual to request a determination as to whether a device qualifies under . . . Director and designate the place where the device will be available for examination and evaluation. § 479.24 . . . Nothing in the text of § 479.24 would preclude an individual from requesting a determination as to a . . .

CBS OUTDOOR INC. SLG LLC, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 124 So. 3d 383 (Fla. Dist. Ct. App. 2013)

. . . While Florida law in § 479.24(1), Florida Statutes, has provided that the owner of a nonconforming sign . . . 479.01(17), is entitled to just compensation “upon [FDOT’s] removal of a lawful nonconforming sign” (§ 479.24 . . .

v., 134 T.C. 190 (T.C. 2010)

. . . Pursuant to 27 C.F.R. sections 479.24 and 479.25 (2009), a taxpayer requests such a determination from . . .

MAVERICK MEDIA GROUP, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 791 So. 2d 491 (Fla. Dist. Ct. App. 2001)

. . . See § 479.24(1), Fla. . . .

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, v. HEATHROW LAND DEVELOPMENT CORPORATION,, 579 So. 2d 183 (Fla. Dist. Ct. App. 1991)

. . . The trial court held that Allen was predicated on language in section 479.24, Florida Statutes, as it . . .

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION v. K- MART CORPORATION,, 47 Fla. Supp. 2d 107 (Fla. Cir. Ct. 1989)

. . . After reviewing §§ 421.55, 479.24, Fla. . . . does control in state Eminent Domain proceedings because DOT v Allen, supra, was predicated upon § 479.24 . . .

T L MANAGEMENT, INC. M. d b a T L v. DEPARTMENT OF TRANSPORTATION,, 497 So. 2d 685 (Fla. Dist. Ct. App. 1986)

. . . Sections 479.15(2) and 479.24(1) provide for just compensation for the removal of a “lawful nonconforming . . .

FOOD N FUN, INC. v. DEPARTMENT OF TRANSPORTATION,, 493 So. 2d 23 (Fla. Dist. Ct. App. 1986)

. . . Section 479.24, Florida Statutes, makes clear provision for the appropriate actions to be taken in the . . .

M. WAINWRIGHT, v. STATE DEPARTMENT OF TRANSPORTATION,, 488 So. 2d 563 (Fla. Dist. Ct. App. 1986)

. . . argued below that if his signs were removed, he should receive compensation therefor under Section 479.24 . . . Section 479.24(1) provides that “Q]ust compensation shall be paid upon the removal of a lawful nonconforming . . . However, Section 479.24 goes on to provide that it does not apply to a sign “which is illegal at the . . . Wainwright’s signs are lawful and nonconforming and he is entitled to compensation pursuant to Section 479.24 . . . Section 479.24(3)(a). . . .

LAMAR ADVERTISING ASSOCIATES OF EAST FLORIDA, LIMITED, v. CITY OF DAYTONA BEACH,, 450 So. 2d 1145 (Fla. Dist. Ct. App. 1984)

. . . Section 479.24(1), Florida Statutes, provides that: Compensation shall be paid upon the removal of all . . . removed, any advertisement or advertising structure without paying compensation in accordance with s. 479.24 . . . the signs there were located on a federal aid primary highway and hence under sections 479.15(2) and 479.24 . . .

DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, v. L. ALLEN,, 447 So. 2d 1383 (Fla. Dist. Ct. App. 1984)

. . . In the instant case, the applicable statute is section 479.24, Florida Statutes (1981), which provides . . .

EMPIRE OUTDOOR ADVERTISING, v. DEPARTMENT OF TRANSPORTATION,, 438 So. 2d 851 (Fla. Dist. Ct. App. 1983)

. . . Section 479.24 requires that compensation be paid upon the removal of all signs lawfully in existence . . . Although there is no explicit provision in § 479.24 that no compensation shall be paid for an illegal . . . Under the interpretation of § 479.24 urged by Empire, the DOT would be required to pay compensation upon . . . This absurd result is foreclosed by the DOT’s interpretation of § 479.24. . . .

NATIONAL ADVERTISING COMPANY, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 418 So. 2d 1142 (Fla. Dist. Ct. App. 1982)

. . . Florida Statutes, Section 479.24, is susceptible of a construction that compensation be paid for signs . . . definition in Section 479.01(1), bare poles do not constitute a “sign” within the meaning of Section 479.24 . . .

LAMAR- ORLANDO OUTDOOR ADVERTISING, a v. CITY OF ORMOND BEACH, a, 415 So. 2d 1312 (Fla. Dist. Ct. App. 1982)

. . . Section 479.24(1) provides: Compensation shall be paid upon the removal of all signs lawfully in existence . . . removed, any advertisement or advertising structure without paying compensation in accordance with s. 479.24 . . .

LaPOINTE OUTDOOR ADVERTISING, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 398 So. 2d 1370 (Fla. 1981)

. . . The question presented for our review is whether section 479.24(1) requires that the state compensate . . . DOT denied compensation for the sign, contending that because section 479.24(1) provided “Compensation . . . The court found the controlling portion of section 479.24 to be the “lawfully in existence” language . . . We fully agree with the Fourth District Court’s conclusion and find that section 479.24 is not ambiguous . . . Our decision is totally consistent with the legislative intent behind section 479.24. . . .

CITY OF LAKE WALES, v. LAMAR ADVERTISING ASSOCIATION OF LAKELAND, a d b a, 399 So. 2d 981 (Fla. Dist. Ct. App. 1981)

. . . Section 479.24(2) provides for payment of compensation pursuant to Florida’s eminent domain procedures . . .

HENDERSON SIGN SERVICE, v. DEPARTMENT OF TRANSPORTATION, ARROWHEAD CAMPSITES, v. DEPARTMENT OF TRANSPORTATION,, 390 So. 2d 159 (Fla. Dist. Ct. App. 1980)

. . . In Brazil, we construed Section 479.24(1) as allowing compensation for the materials in a sign illegally . . . There we stated that the first sentence of Section 479.24(1) provides compensation only for signs lawfully . . . Finding in Section 479.24(1) an ambiguity, we resolved it in favor of compensating the signowner for . . . Instead, it is my view that Section 479.24(1) allows payment for the removal of nonconforming signs only . . . The House adopted this amendment and C.S. for H.B. 7-D was passed containing Section 479.24(1). . . . nevertheless be paid for the actual replacement value of the materials in those signs pursuant to Section 479.24 . . . Construing Section 479.24(1), this court in Brazil v. . . . The District Court of Appeal, Fourth District, placed a different interpretation of Section 479.24(1) . . . stated, then, we decline to consider appellants’ claims for compensation based on Brazil and Section 479.24 . . .

LA POINTE OUTDOOR ADVERTISING, v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 382 So. 2d 1347 (Fla. Dist. Ct. App. 1980)

. . . Regarding compensation, Section 479.24(1), Florida Statutes (1977), provides: (1) Compensation shall . . . law essentially condones the initial unlawful act and totally ignores the first sentence of Section 479.24 . . .

CITY OF ORMOND BEACH v. LAMAR- ORLANDO,, 1 Fla. Supp. 2d 163 (Volusia Cty. Cir. Ct. 1979)

. . . such off-premise advertising structures (billboards), violates the provisions of: F.S. 479.15(2); F.S. 479.24 . . . (1); F.S. 479.24(2); Chapters 73 and 74, Florida Statutes; Article 10, Section 6, of the Florida Constitution . . .

CITY OF ORMOND BEACH v. LAMAR- ORLANDO OUTDOOR ADVERTISING,, 49 Fla. Supp. 196 (Volusia Cty. Cir. Ct. 1979)

. . . S. 479.24(1); F. . . . S. 479.24(2); Chapters 73 and 74, Florida Statutes; Article 10, Section 6, of the Florida Constitution . . .

WAYFARA, INC. v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 370 So. 2d 858 (Fla. Dist. Ct. App. 1979)

. . . controlling date for certain compensation provisions relating to removal of the signs under Section 479.24 . . .

JOHNSON JOHNSON, INC. v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 371 So. 2d 494 (Fla. Dist. Ct. App. 1979)

. . . the lights have been added to the signs since they were grandfathered in under Sections 479.23 and 479.24 . . .

WALKER, III, v. STATE DEPARTMENT OF TRANSPORTATION,, 366 So. 2d 96 (Fla. Dist. Ct. App. 1979)

. . . . § 479.24(1); Brazil v. . . . sign, to compensation based on the actual value of the materials in the sign, under Florida Statute § 479.24 . . . Sections 479.11, 479.24, Florida Statutes (1977); Sections 14-10.19 et seq., Fla.Admin.Code. . . . Section 479.24, Florida Statutes (1977), provides in part: Compensation for removal of signs; eminent . . .

WHITE ADVERTISING INTERNATIONAL, a v. FLORIDA DEPARTMENT OF TRANSPORTATION,, 364 So. 2d 104 (Fla. Dist. Ct. App. 1978)

. . . within 660 feet of a portion of the interstate system, the sign was grandfathered in under §§ 479.23 and 479.24 . . .

P. BRAZIL, B B v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 347 So. 2d 755 (Fla. Dist. Ct. App. 1977)

. . . correct in ordering the removal of the sign at B & B’s expense, and quotes the first sentence of Section 479.24 . . . Because of the legislative intent in Section 479.24(1) that compensation be paid and because of the ambiguous . . .

WOMETCO ENTERPRISES, v. CITY OF WEST PALM BEACH STEWART PONTIAC CO. v. CITY OF WEST PALM BEACH, 44 Fla. Supp. 72 (Palm Beach Cty. Cir. Ct. 1976)

. . . removed, aiiy advertisement or advertising structure without paying compensation in áccordance with §479.24 . . . The rule requiring compensation in accordance with §479.24(1) is clear, but the language in §479.16(12 . . . , the court finds that section §479.15(2) does not require compensation in accordance with section §479.24 . . . In fact, §479.24 provides thát cost (“replacement value”) shall be the standard compensation when signs . . . Florida Statutes §479.24(1) —“Compensation shall be paid upon the removal of all signs lawfully in existence . . .