LAMAR ADVERTISING v. DEPT. OF TRANSP.

No. 1D08-5369.

17 So.3d 799 (2009)

LAMAR OUTDOOR ADVERTISING-LAKELAND, Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

August 19, 2009.


Attorney(s) appearing for the Case

Cynthia S. Tunnicliff, Gerald S. Livingston, and Brian A. Newman of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, for Appellant.

Alexis M. Yarbrough, General Counsel, and Gregory S. Costas, Assistant General Counsel, Department of Transportation, Tallahassee, for Appellee.


WOLF, J.

Appellant challenges a final order of the administrative law judge (ALJ) upholding the validity of Rule 14-10.007(2)(b) of the Florida Administrative Code. We conclude that Rule 14-10.007(2)(b), which allows the Florida Department of Transportation (FDOT) to revoke the license of a nonconforming advertising sign based on a change in the height above ground level (HAGL) of the sign, is not supported by a specific grant of legislative authority and is...

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