From Casetext: Smarter Legal Research

Bellsouth Advt. v. Metro. Dade Cty

District Court of Appeal of Florida, Third District
Nov 25, 1986
497 So. 2d 1321 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2512.

November 25, 1986.

An Appeal from the Circuit Court of Dade County; J.C. Henderson, Judge.

Shutts Bowen, Phillip G. Newcomm, Maxine M. Long and Valerie A. Jahn, Miami, for appellant.

Robert A. Ginsburg, Co. Atty., and Deborah Bovarnick Mastin and Jason Brown, Asst. Co. Attys., for appellees.

Before HUBBART, NESBITT and FERGUSON, JJ.


Treating the order appealed from as a final declaratory decree in which Section 10.4.1 of the Dade County Code was found constitutional, we conclude that (1) we have jurisdiction, as urged by appellant, to entertain this appeal as a final judgment, Art. V, § 4(b)(1), Fla. Const., and (2) the trial court committed no error in finding the said ordinance constitutional.

We have not overlooked the extensive arguments made by the petitioner Bellsouth Advertising and Publishing Corporation attacking the constitutionality of the subject ordinance, but find them singularly unpersuasive. The ordinance is not, as urged, unconstitutionally vague and consequently does not constitute an unconstitutional delegation of legislative power. Moreover, the ordinance does not constitute an abridgement of appellant's free speech rights under the First Amendment. See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982); Florida Businessmen for Free Enterprise v. City of Hollywood, 673 F.2d 1213 (11th Cir. 1982); Trushin v. State, 425 So.2d 1126, 1130 (Fla. 1982); Sanicola v. State, 384 So.2d 152 (Fla. 1980); Morales v. State, 407 So.2d 230, 231 (Fla. 3d DCA 1981).

The final declaratory decree under review is therefore in all respects

Affirmed.


Summaries of

Bellsouth Advt. v. Metro. Dade Cty

District Court of Appeal of Florida, Third District
Nov 25, 1986
497 So. 2d 1321 (Fla. Dist. Ct. App. 1986)
Case details for

Bellsouth Advt. v. Metro. Dade Cty

Case Details

Full title:BELLSOUTH ADVERTISING AND PUBLISHING CORPORATION, APPELLANT, v…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 25, 1986

Citations

497 So. 2d 1321 (Fla. Dist. Ct. App. 1986)