LENNAR CORPORATION, APPELLANT,
v.
DYNAMIC CABLEVISION OF FLORIDA, INC., MARK H. ELLIS, ERNESTO RODRIGUEZ AND JESUS R. CHECA, APPELLEES
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Florida's statute permitting cable television companies to access property without compensation is unconstitutional as an uncompensated taking, and an injunction requiring such access even with compensation must be reversed.
Section 83.66, Florida Statutes, is unconstitutional as permitting a taking of property without compensation, and an injunction conditioning cable access on compensation cannot save the statute.
[1] A statute permitting cable television service providers to access private property for installation and service delivery without compensation constitutes an unconstitutio…
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Join FLexlaw to unlock all legal intelligenceLennar Corporation owned property and sought to deny Dynamic Cablevision access to install cables and equipment to serve Lennar's tenants. A trial cou…
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PER CURIAM.
In Storer Cable T.V. of Florida, Inc. v. Summerwinds Apartments Associates Ltd., 451 So. 2d 1034 (Fla. 3d DCA 1984), this court concluded that Section 83.-66, Florida Statutes (Supp.1982),1 is unconstitutional as permitting a taking of property without compensation. In so concluding, we necessarily considered and rejected the possibility that the statute’s constitutionality could be saved by severing the offending provision (“... nor shall such ... cable television service be required to pay anything of value in order to ... provide such service”) and judicially mandating that compensation be paid to the property owner. Accordingly, the judgment under review which permanently enjoined the property owner, Lennar Corporation, from denying Dynamic Cablevision of Florida, Inc. access to Lennar’s property for the purpose of installing cables and equipment to deliver cable television service to Len-nar’s tenants conditioned upon the payment of full compensation to Lennar is reversed on the authority of Storer Cable T.V. of Florida Inc. v. Summerwinds Apartments Associates, Ltd., 451 So. 2d 1034.
Reversed with directions to enter judgment for the appellant.
. In Storer, the statute is erroneously cited as Section 83.66, Florida Statutes (Supp.I9S4).
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Citator
Cited By
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Storer Cable T.V. OF Fla., Inc. v. Summerwinds Apts. Assocs., Ltd., 493 So. 2d 417 (Fla. 1986)…18] OVERTON, Justice. The appellants in these consolidated cases appeal the decisions reported as Storer Cable T.V., Inc. v. Summerwinds Apartments Associates, Ltd., 451 So. 2d 1034 (Fla. 3d DCA 1984), and Lennar Corp. v. Dynamic Cablevision, Inc., 456 So. 2d 935 (Fla. 3d DCA 1984), in which the Third District Court of Appeal declared invalid section 83.66, Florida Statutes (Supp. 1982). Section 83.66 prohibits landlords from denying cable television access to tenants and provides that no compensation shall…
Authorities Cited
- Storer Cable T.V. OF Fla., Inc. v. Summerwinds Apts. Assocs. Ltd., 451 So. 2d 1034 (Fla. 3d DCA 1984)