Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc. v. Florida Department of Transportation

District Court of Appeal of Florida

Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc. v. Florida Department of Transportation

833 So. 2d 300, 2002 Fla. App. LEXIS 19341, 28 Fla. L. Weekly Fed. D 103

CourtDistrict Court of Appeal of Florida

DecidedDecember 30, 2002

DocketNo. 1D02-1267

StatusPublished

This text of 833 So. 2d 300 (Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc. v. Florida Department of Transportation) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc. v. Florida Department of Transportation, 833 So. 2d 300, 2002 Fla. App. LEXIS 19341, 28 Fla. L. Weekly Fed. D 103 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc., challenges the Department of Transportation’s Final Order which concluded that, in accord with § 479.16(1), Florida Statutes, appellant’s billboard sign was not an on-premises sign and was therefore subject to permitting requirements pursuant to Chapter 479, Florida Statutes. We affirm the Department’s rulings on this issue without further discussion.

Appellant also argues that sections 479.07 and 479.08, Florida Statutes (2001), [301]*301as well as Florida Administrative Code Rules 14-10.004 and 14-10.006, impose a facially unconstitutional prior restraint on speech in violation of the First Amendment of the United States Constitution. This court has twice decided this issue in favor of the Department. See Cafe Erotica/We Dare to Bare/Adult Toys, Exit 94, Inc. v. Florida Department of Transportation, 830 So.2d 888 (Fla. 1st DCA, 2002); Cafe Erotica/We Dare to Bare/Adult Toys, Exit 94, Inc. v. Florida Department of Transportation, 830 So.2d 181 (Fla. 1st DCA, 2002).

AFFIRMED.

BARFIELD, MINER and POLSTON, JJ., concur.

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PER CURIAM.

Cafe Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc., challenges the Department of Transportation’s Final Order which concluded that, in accord with § 479.16(1), Florida Statutes, appellant’s billboard sign was not an on-premises sign and was therefore subject to permitting requirements pursuant to Chapter 479, Florida Statutes. We affirm the Department’s rulings on this issue without further discussion.

Appellant also argues that sections 479.07 and 479.08, Florida Statutes (2001), [301]*301as well as Florida Administrative Code Rules 14-10.004 and 14-10.006, impose a facially unconstitutional prior restraint on speech in violation of the First Amendment of the United States Constitution. This court has twice decided this issue in favor of the Department. See Cafe Erotica/We Dare to Bare/Adult Toys, Exit 94, Inc. v. Florida Department of Transportation, 830 So.2d 888 (Fla. 1st DCA, 2002); Cafe Erotica/We Dare to Bare/Adult Toys, Exit 94, Inc. v. Florida Department of Transportation, 830 So.2d 181 (Fla. 1st DCA, 2002).

AFFIRMED.

BARFIELD, MINER and POLSTON, JJ., concur.

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833 So. 2d 300, 2002 Fla. App. LEXIS 19341, 28 Fla. L. Weekly Fed. D 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cafe-eroticawe-dare-to-bareadult-toysgreat-foodexit-94-inc-v-florida-fladistctapp-2002.

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