STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-909T

)

LAYCOCK BREVARD COMPANY, )

)

Respondent. )

)

RECOMMENDED ORDER APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: Mr. Anthony Ninos

112 Riverside Drive Cocoa, Florida 32922

ISSUE

Whether the sign of Respondent violates Section 479.07 and Section 479.02, Florida Statutes by violation of the permit and spacing requirements of the Outdoor Advertising Act.

FINDINGS OF FACT

1. An application was made for a permit for the subject sign and the application was denied on the basis that the sign was within the 500 foot spacing requirement, the sign being erected approximately in the middle of the distance between two outdoor advertising sign which are approximately 500 feet apart. The sign advertises Oaks Trading Post.

   
   

2. The sign has been erected for many years and has carried messages such as "Elect Askew for Governor" and "Vote Democratic" or other political advertisements. The sign now advertises a commercial establishment and has since, at least, December of 1976. This sign does not bear a permit although the Respondent admitted that it is a commercial sign.

3.. The Respondent has paid the required license fees for the subject sign for more than the last 20 years to the City of Rockledge, Florida.

CONCLUSIONS OF LAW

1. Section 479.07 Individual Device Permits, Fees; Tags. - provides as follows:

   
   

   "(1) Except as in this chapter otherwise provided, no person shall construct, erect, operate, use, maintain, or cause or permit to be constructed, erected, operated, used or maintained any outdoor advertising structure, outdoor advertising sign or outdoor advertisement, outside any incorporated city or town, without first obtaining a permit therefor from the department, and paying the annual fee therefor, as herein provided. Any person who shall construct, erect, operate, use, or maintain, or cause or permit to be constructed, erected, operated, used, or maintained, any outdoor advertising structure, outdoor advertising sign, or outdoor advertisement along any federal aid primary highway or interstate highway within any incorporated city or town shall apply for a permit on a form provided by the department. A permanent permit tag of the kind hereinafter provided shall be issued by the department without charge and shall be affixed to the sign in the manner provided in subsection (4) . . ."

   
   

2. The Respondent has not secured a permit for the subject sign.

   
   

3. Section 479.02,and the Governor's Agreement promulgated thereunder, require that commercial signs shall be spaced no closer than 500 feet.

   
   

4. The subject sign is a commercial sign erected without a permit and allowed to stand without a permit. The application for a permit made on March 3, 1977 was denied for the reason that a permit could not be issued because of the spacing problem with the other two signs which are duly permitted and within

500 feet of subject sign. Subject sign was an exempt sign as long as it advertised political candidates or issues but inasmuch as it is now a commercial sign, it is in violation of the foregoing statutes. Cf Section 479.22, F.S.

RECOMMENDATION

Remove the subject sign.

DONE AND ORDERED this 10th day of February, 1978, in Tallahassee, Florida.

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 Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Mr. Anthony Ninos

112 Riverside Drive Cocoa, Florida 32922

Docket for Case No: 77-000909

Orders for Case No: 77-000909