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Jeffrey S Bercow
Jeffrey S Bercow
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Bar #268518(FL)     License for 46 years
Miami FL

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81-001670  DEPARTMENT OF TRANSPORTATION vs. EMPIRE OUTDOOR ADVERTISING  (1981)
Division of Administrative Hearings, Florida Latest Update: Oct. 26, 1982
There are three issues presented: Whether the signs in question were erected at such a time and under such conditions that would entitle them to be permitted; Whether the signs in question, if not entitled to a permit, have some type of grandfather status where the owner would be entitled to compensation for the removal; and Whether the signs in question qualify as on-premise signs not requiring a permit. Both parties submitted detailed proposed recommended orders, which have been read and considered. There are few disputes concerning the basic facts. To the extent the findings herein differ from the proposals, those findings are based upon the most credible evidence. Certain findings have been deleted because they are not relevant to the issues or are not findings of fact.Signs erected before regulation were grandfathered but after five years could be removed upon payment to owner of value of sign.
81-001672  DEPARTMENT OF TRANSPORTATION vs. EMPIRE OUTDOOR ADVERTISING  (1981)
Division of Administrative Hearings, Florida Latest Update: Oct. 26, 1982
There are three issues presented: Whether the signs in question were erected at such a time and under such conditions that would entitle them to be permitted; Whether the signs in question, if not entitled to a permit, have some type of grandfather status where the owner would be entitled to compensation for the removal; and Whether the signs in question qualify as on-premise signs not requiring a permit. Both parties submitted detailed proposed recommended orders, which have been read and considered. There are few disputes concerning the basic facts. To the extent the findings herein differ from the proposals, those findings are based upon the most credible evidence. Certain findings have been deleted because they are not relevant to the issues or are not findings of fact.The signs were in existence for more than five years as nonconforming and therefore should be removed.

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