STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2025T

)

JOHN TAYLOR, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, a public hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, in Hearing Room 103, Collins Building, Tallahassee, Florida, on April 20, 1976, 9:00 a.m.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: No appearance.

ISSUE

Whether the Respondent is in violation of Sections 479.07(1)(2)(4)(6) and 479.02, Florida Statutes.

FINDINGS OF FACT

1. A notice of alleged violations was sent to Respondent dated October 27, 1975 stating that pursuant to the applicable provisions of Chapter 479, Section

   335.13 and Section 339.301, Florida Statutes, and pursuant to the provisions of Section 120.57, Florida Statutes, the Respondent was notified that the sign structures owned by him were in violation of provisions of Chapter 479, Sections

   335.13 and 339.301, Florida Statutes. The subject signs were identified as follows:

   
   

   Copy: Aucilla Plaza Church - Gas Location: 2/10 miles north Junction I-10 Highway: State Road 257

   
   

   Copy: Credit Cards Honored - Chevrolet 60 9/10, Supr. 65.0

   Location: 2/10 miles north Junction I-10 Highway: State Road 257

2. Prior to the hearing a letter was received from an attorney for the Respondent, Ike Anderson, stating that the Respondent was willing to take down all of the signs and that a hearing was not needed. No Motion for Dismissal was made and no continuance or dismissal was ordered. By letter to the Petitioner, Department of Transportation, the Hearing Officer advised of the receipt of such communications, but no response was received from Petitioner.

   
   

3. The hearing was called to order and the witness for Petitioner testified that the signs have been removed except the copy of one of the signs is leaning in the approximate same location against the fence. The poles from which the signs were erected are left standing in the same location. The Hearing Officer further finds:

   
   

   1. That poles standing alone do not constitute a sign;

   2. That a facing of a sign leaning against a fence with the face away from a highway does not constitute a sign.

   3. It is the duty of the Department of Transportation under Chapter 479, F.S., Chapter 335, F.S., and Chapter 339, F.S., to enforce the outdoor advertising laws of the State of Florida and that the Respondent, John Taylor, has had a hearing, as provided in Chapter 120, F.S., and as provided in Section 479.17, F.S., and Section 335.13, F.S.

      
      

      CONCLUSIONS OF LAW

      
      

4. The Florida Department of Transportation is required to enforce the outdoor advertising laws of the state and federal government under the provisions of Chapter 479 and Chapter 335, F.S. Proper notice of hearing was given of the violations which are the subject of this hearing and this hearing extends to the facing that is left standing in the field and to the poles on which the signs were erected. No additional hearing would be required at this location for signs bearing the same or similar information advertising the same products or services or any other products or services prohibited under the outdoor advertising statutes of the state and federal government. The state and federal laws prohibit the removal and reerection of signs after notice of alleged violations are given and any signs reerected on or near the approximate location are subject to immediate removal under Section 479.17, F.S. and Section 335.13, F.S., without further hearing.

RECOMMENDATION

Enter an order requiring the removal of outdoor advertising signs erected at this location.

DONE and ORDERED this 13th day of May, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Mr. John Taylor Route 1, Box 142

Monticello, Florida 32344

Ike Anderson, Esquire

P. O. Box 56

Monticello, Florida 32344

Docket for Case No: 75-002025

Orders for Case No: 75-002025