Tri-State Systems, Inc. v. Department of Transp., TRI-STATE
| Citation | 11 Fla. L. Weekly 1548,491 So.2d 1192 |
| Decision Date | 15 July 1986 |
| Docket Number | TRI-STATE,No. BC-356,BC-356 |
| Parties | 11 Fla. L. Weekly 1548 SYSTEMS, INC., Appellant, v. DEPARTMENT OF TRANSPORTATION, Appellee. |
| Court | Florida District Court of Appeals |
James J. Richardson, of Richardson Law Office, P.A., Tallahassee, and Robert R. McDonald, of Roberts, Baggett, LaFace & Richard, Tallahassee, for appellant.
Franz Dorn, Tallahassee, for appellee.
Tri-State Systems, Inc. appeals from a final administrative order denying its application for an outdoor advertising permit pursuant to Chapter 479. We affirm.
In 1972, the State agreed to make provisions for effective control of the erection and maintenance of outdoor advertising signs which are within six hundred and sixty (660) feet of the nearest edge of the right-of-way and visible from the main-traveled way. To that end, Section 479.11(1) provides that no sign shall be erected in this area except in zoned or unzoned commercial areas. The latter is defined by Section 479.01(10) as "an area within 660 feet of the nearest edge of the right-of-way of the interstate ... in which there is located one or more industrial or commercial activities generally recognized as commercial or industrial by zoning authorities in this state ..." (emphasis supplied).
Tri-State applied for an outdoor advertising permit pursuant to Chapter 479, relying for the required commercial activity on a cable-TV broadcasting tower. The issue before the hearing officer in this case was whether such a tower was "commercial activity" sufficient to support the issuance of the permit. The hearing officer found that it was not and recommended that the permit be denied. The agency adopted this recommendation and denied the application in the final order herein appealed.
There is no statutory definition of "commercial activity" other than that the activity should be "generally recognized as commercial or industrial by zoning authorities of the state." Agency determinations with regard to a statute's interpretation will receive great deference in the absence of clear error or conflict with legislative intent. Sans Souci v. Division of Land Sales and Condominiums, 421 So.2d 623, 626 (Fla. 1st DCA 1982); Department of Environmental Regulation v. Goldring, 477 So.2d 532, 534 (Fla.1985). Its interpretation of the critical term, here "commercial activity," does not have to be the only one or the most desirable one; it is enough if it is permissible. Florida Power Corp. v....
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..."does not have to be the only one or the most desirable one; it is enough if it is permissible." Tri-State Sys., Inc. v. Department of Transp., 491 So.2d 1192, 1193 (Fla. 1st DCA 1986). The referee apparently concluded that the statute does not limit the amount to net remuneration after cos......
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...with the legislative intent of the statute. PW Ventures, Inc. v. Nichols, 533 So.2d 281 (Fla.1988); Tri-State Sys., Inc. v. Department of Transp., 491 So.2d 1192 (Fla. 1st DCA 1986). Although the Board's construction would ordinarily be accorded great deference, as it is the agency charged ......
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Motel 6, Operating L.P. v. Department of Business Regulation, Div. of Hotels and Restaurants, 88-2756
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