STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1784T

) NATIONAL ADVERTISING COMPANY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing in the above styled cause was held February 17, 1977, in the Department of Transportation Conference Room, District II Office, South Marion Street, Lake City, Florida, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at 1:30 p.m.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: Bill Jordan, Esquire

Employee of National Advertising Company 714 North Manhattan Avenue

Tampa, Florida 33609 ISSUE

Whether Respondent's sign is in violation of Chapter 479.111(2), Florida Statutes; Section 479.02, Florida Statutes; Title 1 of the Highway Beautification Act of 1965 and Title 23, U.S. Code.

FINDINGS OF FACT

1. This Hearing Officer has jurisdiction of the parties and subject matter of this hearing. Proper notice was given to all parties and all parties had an opportunity to be present and to be heard.

   
   

2. An alleged violation of Chapter 479 was served on the Respondent, National Advertising Company, citing subject -- sign located on Interstate 95,

   0.89 miles south of Bowden Road with copy "Valles" thereon by written notice dated September 2, 1976.

   
   

3. The original part of the sign was erected within the city limits prior to 1970 and was not permitted by the Petitioner, Florida Department of Transportation.

4. The violation which is the subject of this hearing is that the sign has been added to by erecting forty feet of catwalk thereon and installing three lights. The monetary value was increased by approximately $1,084.00.

   
   

5. The addition of catwalk and lights to the sign is not routine maintenance as defined in Section 479, Florida Statutes, and a permit was necessary for such additions to signs subsequent to January, 1971.

   
   

   CONCLUSIONS OF LAW

   
   

6. The addition of the lights and catwalk to subject sign is in violation of Section 479.111(2) and is in violation of Section 479.02 inasmuch as this sign has no permit from the Florida Department of Transportation, is not consistent with the agreement between the Governor and the Florida Department of Transportation dated January, 1971, and drawn in pursuant to Florida Statutes, Section 479.02. The addition of the catwalk and the lights is contrary to the requirements of Chapter 479 whereas signs standing before the aforesaid Governor's agreement were allowed to remain standing although in violation of Chapter 479 and the Highway Beautification Act until such time as the Petitioner Department of Transportation compensated the owner for the removal thereof. The Florida law allows only such signs to be "maintained" and does not allow for the erection of new catwalks or the placing thereon of lights.

RECOMMENDATION

Notify the Respondent that the subject sign will be removed if such is not removed within 30 days after entry of the final order.

DONE and ORDERED this 16th day of March, 1977, 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 Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

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

Mr. George E. Hollis National Advertising Company Post Office Box 23208

Tampa, Florida 33623

William Rowland, Esquire Post Office Box 539 Winter Park, Florida

F. S. Whitesell, District Sign Coordinator Department of Transportation

South Marian Street

Lake City, Florida 32055

Docket for Case No: 76-001784

Orders for Case No: 76-001784