Lake FL Administrative law, Advertising and Insurance Lawyer -- eLawyers

08-003175 LAMAR OF TALLAHASSEE vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Jul. 02, 2008

At issue in this proceeding is whether the Department of Transportation's Notice of Denied Application for an outdoor advertising permit at State Road 61 (U.S. 319), 168 feet west of Thomasville Road, Leon County, issued to Lamar of Tallahassee on May 30, 2008, should be upheld pursuant to Section 479.07, Florida Statutes,1/ or whether the sign should be permitted as a nonconforming sign as defined by Section 479.01(14), Florida Statutes.Despite its status as a "nonconforming sign," Petitioner's sign did not meet the relevant criteria for a Department permit.

08-001408RX LAMAR OUTDOOR ADVERTISING-LAKELAND vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Mar. 19, 2008

Whether Florida Administrative Code Rule 14-10.007(2)(b) is an invalid exercise of delegated legislative authority by enlarging, modifying, or contravening the provisions of the law implemented, or is arbitrary or capricious.Petitioner failed to prove that the challenged rule was an invalid exercise of legislative authority by enlarging, modifying or contravening the provisions of the law implemented, or is arbitrary or capricious. The Rule is upheld.

07-004732 LAMAR OUTDOOR ADVERTISING-LAKELAND vs DEPARTMENT OF TRANSPORTATION (2007)

Division of Administrative Hearings, Florida Filed: Oct. 12, 2007

At issue in these consolidated proceedings is whether the permits for signs bearing tag numbers BT339, AE862, and AX116 should be revoked, pursuant to Section 479.08, Florida Statutes (2007).Respondent demonstrated that permits for nonconforming signs should be revoked, where the number of support poles was changed and the permittee failed to make corrections within the time alotted by notice.

07-004734 LAMAR OUTDOOR ADVERTISING-LAKELAND vs DEPARTMENT OF TRANSPORTATION (2007)

Division of Administrative Hearings, Florida Filed: Oct. 12, 2007

At issue in these consolidated proceedings is whether the permits for signs bearing tag numbers BT339, AE862, and AX116 should be revoked, pursuant to Section 479.08, Florida Statutes (2007).Respondent demonstrated that permits for nonconforming signs should be revoked, where the number of support poles was changed and the permittee failed to make corrections within the time alotted by notice.

08-001468 LAMAR OUTDOOR ADVERTISING-LAKELAND vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2008

Whether Respondent properly denied Lamar Outdoor Advertising's Petition for Waiver or Variance from Florida Administrative Code Rule 14-10.007(2)(b).Petitioner failed to prove that the purpose of the underlying statute could be achieved by other means or denial of the variance would create a substantial hardship. The variance is denied.

08-000660 LAMAR OF TALLAHASSEE vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Feb. 06, 2008

The issues in this case are whether the Department of Transportation properly issued a Notice of Violation for an illegally erected sign to Lamar of Tallahassee and whether the Petitioner's applications for a sign maintained at the corner of SR366/West Pensacola Street and Ocala Road, in Tallahassee, Leon County, Florida, should be granted as a non-conforming sign or because the Department did not act on either the 2005 or 2007 application for the same sign in a timely manner.The evidence showed that sign did not qualify as nonconforming sign since had not existed for seven years. Recommended Order provides a discussion of deemer provisions in Section 120.60(1), Florida Statutes.

08-000661 LAMAR OF TALLAHASSEE vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Feb. 06, 2008

The issues in this case are whether the Department of Transportation properly issued a Notice of Violation for an illegally erected sign to Lamar of Tallahassee and whether the Petitioner's applications for a sign maintained at the corner of SR366/West Pensacola Street and Ocala Road, in Tallahassee, Leon County, Florida, should be granted as a non-conforming sign or because the Department did not act on either the 2005 or 2007 application for the same sign in a timely manner.The evidence showed that sign did not qualify as nonconforming sign since had not existed for seven years. Recommended Order provides a discussion of deemer provisions in Section 120.60(1), Florida Statutes.

08-001136 LAMAR OF TALLAHASSEE vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Mar. 05, 2008

The issue is whether a billboard structure is in compliance with Chapter 479, Florida Statutes.Respondent asserted that a billboard owned by Petitioner required a permit. Held: the billboard required a permit but was ineligible to receive one.

08-001137 LAMAR OF TALLAHASSEE vs DEPARTMENT OF TRANSPORTATION (2008)

Division of Administrative Hearings, Florida Filed: Mar. 05, 2008

The issue is whether a billboard structure is in compliance with Chapter 479, Florida Statutes.Respondent asserted that a billboard owned by Petitioner required a permit. Held: the billboard required a permit but was ineligible to receive one.

07-005457 LAMAR OUTDOOR ADVERTISING-LAKELAND vs DEPARTMENT OF TRANSPORTATION (2007)

Division of Administrative Hearings, Florida Filed: Nov. 30, 2007

The issues in this case are whether there was a structural change in Petitioner's sign, and whether the Department of Transportation's Notice of Intent to Revoke Sign Permit for violating Florida Administrative Code Rule 14-10.007(2) should be affirmed.Petitioner re-constructed an existing, non-conforming sign, but improperly changed its structural status. The revocation of its permit is upheld.

Gerald Seals Livingston