STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-422T

)

C. A. MILLER AUTO TRUCK SERVICE, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, the foregoing cause came on to be heard before Delphene

1. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at Room 103, Collins Building, Tallahassee, Florida, 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 Section 479.07, Section 479.11(5) and Section 479.11(1), Florida Statutes, which statutes provide that permits must be obtained from the Florida Department of Transportation before an outdoor advertising sign is erected and which prohibits the erection of an outdoor advertising sign within 660 feet within the nearest edge of the right of way of all portions of the interstate system or the federal primary aid system and which is placed on the inside of a curve or in any manner that may prevent persons using the highway from obtaining an unobstructive view of approaching vehicles.

   
   

   FINDINGS OF FACT

   
   

   1. Subject sign was erected without a permit in 1973 and was nailed to a tree.

      
      

   2. The sign is located in a zoned residential area approximately ten feet from the nearest edge of the right of way of a federal aid primary highway, State Road 61.

      CONCLUSIONS OF LAW

      
      

   3. The Florida Department of Transportation has as one of its duties and functions the administration and enforcement of the provisions of Chapter 479,

      F.S. The subject sign is in violation of the set back requirements being nearer than 660 feet to the nearest edge of a federal aid primary road. It is in violation of Chapter 479, F.S., inasmuch as a portion of said sign is nailed to a tree and no permit was secured for the erection of said sign. It is the obvious intent of Chapter 479, F.S., that the Petitioner, Florida Department of Transportation, shall enforce the provision of this chapter in that Section 479.20, F.S., specifically states:

      
      

      "Duty of department.--The department shall enforce this law."

      
      

   4. Section 479.07(6), F.S., states:

      
      

      "No person shall erect or cause to be erected an advertising structure, advertising sign or

      advertisement upon the property of another without first securing the written permission of the owner or lessee of said property and applying for and receiving a current permit tag as herein provided."

      
      

   5. After an advertiser has been given notice of violation and after an advertiser has been given an opportunity to present his case and if such advertiser is found to be in violation of the statutes of the State of Florida no sign may be re-erected with the same copy in the same or approximate location without first securing a permit from the Florida Department of Transportation. Said sign shall be immediately removed by the Department of Transportation under the authority of Section 479.17, Section 335.13, Section 479.20 and Section 479.02, F.S.

      
      

   6. The Respondent has been given the thirty day notice required under Section 479.17, F.S., and has failed to show that at this hearing that he is not in violation of the provisions of Chapter 479, F.S. Any re-erection of the subject sign with the approximate same copy and the approximate same location is subject to be immediately removed and shall be immediately removed under the requirements of Section 479.20, F.S., which states that the Petitioner Department shall enforce Chapter 479, F.S.

RECOMMENDATION

Remove subject sign and remove any re-erection of subject sign. DONE and ORDERED this 7th 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

C. A. Miller Auto Truck Service 806 Westway Road

Tallahassee, Florida

Docket for Case No: 76-000422

Orders for Case No: 76-000422