Judges: DELPHENE C. STRICKLAND
Agency: Department of Transportation
Latest Update: Apr. 19, 1977
Summary: Whether the Respondent is in violation of s. 479.07(1), Florida Statutes, a law which requires that a permit be applied for, granted, and renewed each year as a regulation for outdoor advertising in the State of Florida.Respondent maintained sign without permit from 1974-76. Recommend removal.
75-2143.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 75-2143T
)
CLEAR LAKE CAMPGROUND, )
)
Respondent. )
)
RECOMMENDED ORDER
After due notice, a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on February 3, 1976 at the Volusia County Courthouse, DeLand, Florida at 1:00 P.M.
APPEARANCES
For Petitioner: Philip S. Bennett, Esquire,
Office of Legal Operations, Department of Transportation, Haydon Burns Building, Tallahassee, Florida 32304
No appearance for Respondent.
ISSUE
Whether the Respondent is in violation of s. 479.07(1), Florida Statutes, a law which requires that a permit be applied for, granted, and renewed each year as a regulation for outdoor advertising in the State of Florida.
FINDINGS OF FACT
The following described sign had no valid permit tag for the years 1974-1975, 1976-1977: A two-faced sign, one face north and one face south, located on SR 33 at the junction of SR 48 with copy "Clear Lake Campground".
Notice of violation regarding the subject sign was properly sent by the Department of Transportation and received by the Respondent.
A hearing was requested by the Respondent through Linda Vernon, Wildwood, Florida. A notice was duly sent and the time set for 10:00 A.M. The hearing officer postponed this hearing until 1:00 P.M. awaiting the arrival of a representative of the Respondent. There was no appearance.
CONCLUSIONS OF LAW
Chapter 479, Florida Statutes, requires the Department of Transportation to administer and enforce the provisions of said chapter.
Section 479.07(1), Florida Statutes, requires that each advertising structure along a federal primary highway or interstate highway shall have a current permit. There was no permit issued for 1974-75 or for the year 1976 on Respondent's sign.
RECOMMENDATION
Remove subject signs ten (10) days after date of final order unless said signs are previously removed by the Respondent.
DONE and ORDERED this 18th day of June, 1976, in Tallahassee, Florida.
DELPHENE C. STRICKLAND
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Philip Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Mr. C. W. Lichtenberger Post Office Box 47 DeLand, Florida 32720
Docket for Case No: 75-002143T
Orders for Case No: 75-002143T
