STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-420T

) EAST PENSACOLA SAFARI CAMP, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing in the above styled matter was held on August 25, 1976 in Room 314, Federal Building, Pensacola Florida, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at 11:55 a.m.

APPEARANCES

For Petitioner: George L. Waas, Esquire

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304

For Respondent: Mr. Leo Vogt

Route 4, Box 185

Milton, Florida 32570 ISSUE

Whether Respondent's signs are in violation of permit requirement and setback requirements of Chapter 479, Florida Statutes, and the Highway Beautification Act.

INTRODUCTION

Petitioner contends that the subject signs violate the setback requirements of Subsection 479.11(1)(2), F.S., and that Respondent has secured no permit for the erection of said signs.

Respondent contends that he is not bound by the setback requirements of Subsection 479.11(1)(2) but is within the exception sat out in Subsection 479.16(1), F.S., inasmuch as he is the owner of the land and the signs are within a hundred feet of the property he is using as a trailer park and campground.

FINDINGS OF FACT

1. Of the two signs located on the property owned by the Respondent, Mr. Leo Vogt, the larger sign is located 786 feet from the business office and the smaller sign is located 800 feet from the business office.

   
   

2. The larger sign is located 398 feet from the nearest edge of the right- of-way of I-10. A proper violation notice was given citing this sign.

   
   

3. The smaller sign is located fourteen (14) feet from the nearest edge of the right-of-way of I-10. No violation notice was given citing this sign.

   
   

4. Respondent has actual notice that Petitioner claims both signs are in violation of Chapter 479, Florida Statutes, and both signs carry similar copy.

   
   

   CONCLUSIONS OF LAW

5. Section 479.16(1), Florida Statutes, provides: "479.16 Certain advertisements excepted. -

   The following advertisements, advertising signs and the advertising structures, or parts thereof, upon which they are posted or displayed, are excepted from all the provisions of this chapter. . .

   1. Those constructed by the owner or lessee of a place of business or residence on land belonging to said owner or lessee and not more than 100 feet from such place of business or residence, and relating solely to merchandise, services or entertainment sold, produced, manufactured or furnished at such place of business or residence, are excepted from the permit fee, but do not exempt the license of a contractor maintenance of such advertising sign;"

      
      

6. The foregoing exceptions are exceptions to the regulatory provisions of Section 479.07 and 479.11, Florida Statutes. The determination of where a "place of business" is for advertising purposes has been determined in State Beverage Department v. Brentwood Assembly of God Church, 149 So.2d 871 as "the building or place where the principal activity of the [business] is demonstrably carried on." The building or office or place where the main business is carried on is at which the measurement is to be carried out in a straight line from the closest point of the building. To hold otherwise in outdoor advertising would allow a property owner to frustrate the intent of the law which is to maintain uniform setback requirements except within 100 feet of a business location. Although it is evident that the Respondent's place of business in his particular type of activity is the entire campground; the exception to allow an advertising sign to be 100 feet from "place of business" must mean within 100 feet of the business office. Thus the outdoor advertising signs may lead a prospective customer directly to the main office of the Respondent's campground. The "place of business" is the distance from which an on-premise sign must be measured and that distance is 100 feet from the nearest edge of the campground office where space is rented and other business is transacted.

RECOMMENDATION

Notify the Respondent that his sign located 0.5 miles east of State Road 87 on Interstate 10, with copy "Safari Campground Welcome" will be removed if such is not removed within ten (10) days after entry of the Final Order.

DONE and ORDERED this 23rd day of November, 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:

George L. Waas, Esquire

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304

Mr. Leo Vogt Route 4, Box 185

Milton, Florida 32570

J. Bryan Jordan, C.S.R.

212 South Palifox Street Pensacola, Florida 32501

Larry K. White, Esquire Staff Counsel, Office of

Legal Operations Haydon Burns Building

Tallahassee, Florida 32304

Philip S. Bennett, Esquire

Florida Department of Transportation Staff Counsel, Office of

Legal Operations Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 76-000420

Orders for Case No: 76-000420