STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1359T

)

DICK SIGNS, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to Notice in the Conference Room of the Department of Transportation District I Office Building, 801 N. Broadway, Bartow, Florida on October 22, 1975 before Stephen F. Dean, Hearing Officer of the Division of Administrative Hearings. The hearing was scheduled to begin at 10:00 a.m. but was delayed by the Hearing Officer to allow the parties additional time for the charged party to appear. The hearing was commenced at 10:30 a.m. and the record noted the absence of any representative of Dick Signs.

APPEARANCES

For Petitioner: Dennis E. LaRosa, Esquire

Counsel for Complainant Department of Transportation

For Respondent: Dick Signs, no appearance Witness: James H. Hobson,

Outdoor Advertising Agent Department of Transportation

ISSUE

This case arose upon the filing of a complaint against Dick Signs by J. H. Hobson, Outdoor Advertising Agent, Department of Transportation Right of Way Bureau. The case was thereafter referred to the Division of Administrative Hearings by the Department of Transportation for hearing to determine whether Dick Signs was in violation of Section 497.07, Florida Statutes, by erecting, using or maintaining advertising structures without acquiring and affixing to said structures the permits required by law.

Counsel for the Department of Transportation moved for additional time to submit evidence of notice of the hearing and was granted leave to file with the Hearing Officer said notice not later than October 28, 1975. Having examined the notice, the Hearing Officer finds that notice was given in the manner and within the time prescribed by Chapters 120 and 79, Florida Statutes.

James H. Hobson was called and his sworn testimony was received regarding the six signs charged to be in violation of Chapter 479, Florida Statutes, in

the Administrative Complaint. Based upon his testimony the Hearing Officer makes the following findings:

FINDINGS OF FACT

1. The first sign referenced in the charges was located on S.R. 775 and ALT 45, 2.75 miles south of its junction with U.S. 41. It was inspected by the witness Hobson on June 18, 1975. This sign was 24' x 10', bore a 1972 permit with number 2485-6-72 issued to Dick Signs, bore a plague indicating it was owned by Dick Signs, and had an advertisement for First Federal on the date of inspection. The annual licensing fee is $6, and has not been paid for the years 1973, 1974 and 1975.

   
   

2. The second sign referenced in the charges was located on S.R. 775 and ALT 45, 2.31 miles south of its junction with U.S. 41. This sign was inspected by the witness Hobson on June 18, 1975. This sign was 10'x 40' and was double faced, presenting advertising copy on two directions which could be seen from the highway. It bore a 1969 permit, number 4282-10-69 issued to Dick Signs and bore a plague indicating it was opened by Dick Signs on the date of inspection. The annual fee for said double faced sign is $20, and this fee has not been paid for 1970, 1971, 1972, 1973, 1974, and 1975.

   
   

3. The third sign referenced in the charges was located on S.R. 775 and ALT 45, 2.59 miles south of its junction with U.S. 41. It was inspected by the witness Hobson on June 18, 1975. This sign was 10' x 40', bore a 1972 permit number 4195-10-72 issued to Dick Signs and bore a plague indicating it was owned by Dick Signs on the date it was inspected. The annual fee for this sign is

   $10, and this fee had not been paid for the years 1973, 1974, and 1975.

   
   

4. The fourth sign referenced in the charges was located on S.R. 775 and ALT 45, 1.10 miles south of its junction with U.S. 41. It was inspected by the witness Hobson on June 18, 1975. This sign was 10' x 24' and bore a plague indicating it was owned by Dick Signs. It did not have any permit. The annual fee for said sign is $6.

   
   

5. The fifth sign referenced in the charges is located on S.R. 775 and ALT 45, 1.10 miles south of its junction with U.S. 41. It was personally inspected by the witness Hobson on June 18, 1975. This sign bore a 1972 permit number 2076-4-72 issued to Dick Signs and a plague indicating it was owned by Dick Signs on the date of inspection. The size of this sign requires an annual fee of $6 and had not been paid in 1973, 1974, and 1975.

   
   

6. The sixth sign referenced in the charges was located on S.R. 775 and ALT 45, 1.68 miles south of its junction with U.S. 41. It was personally inspected by the witness Hobson on June 18, 1975. On the date of inspection it bore a 1972 permit issued to Dick Signs and a plague indicating it was owned by Dick Signs. The annual fee for this sign is $10 and it had not been paid in 1973, 1974, and 1975.

   
   

7. The witness testified that Dick Signs was a licensed outdoor advertiser holding License No. 18233, valid for 1975. The witness further testified that in the course of his duties be would receive any applications for renewal of the permits of the signs identified above, and these applications had not been received prior to the hearing.

   CONCLUSIONS OF LAW

   
   

8. Based upon the foregoing the Hearing Officer finds that Dick Signs is a licensed outdoor advertiser and that the signs or outdoor advertising structures identified above belong to Dick Signs and that Dick Signs is in violation of Subsection 479.07(1), Florida Statutes, having erected, used, or maintained outdoor advertising structures without first obtaining permits as required or in violation of Subsection 479.07(4), Florida Statutes, by failing to affix said permits to the outdoor advertising structures identified above.

RECOMMENDED ORDER

Wherefore the Hearing Officer recommends that the Department of Transportation revoke the outdoor advertising license of Dick Signs pursuant to Section 479.05, Florida Statutes, and further, that the Department of Transportation take such actions as are necessary to remove the signs identified hereinabove, pursuant to Section 479.10, Florida Statutes, and further, that the Department of Transportation file charges with the State's Attorney in the judicial circuit in which said signs are located it appearing that the permittee failed to remove said signs within 30 days of the expiration of the permits identified above as required by Section 479.10, Florida Statutes, said failure being defined a misdemeanor of the second degree punishable as provided in Section 775.082 or 775.083, Florida Statutes.

DONE and ORDERED this 29th day of October, 1975.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Dennis E. LaRosa, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Dick Signs

1601 South McCall Road Englewood, Florida

Docket for Case No: 75-001359

Orders for Case No: 75-001359