STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RALPH KAZARIAN ADVERTISING )

AGENCY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-644T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on the 31st day of May, 1978 in the downstairs Conference Room, 719 S. Boulevard, Deland, Florida before Delphene C. Strickland, State Hearing Officer for the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Bruce E. Chapin, Esquire

201 East Pine Street Orlando, Florida 32801

For Respondent: Philip Bennett, Esquire

Department of Transportation Hayden Burns Building Tallahassee, Florida 32301

ISSUE

Whether the signs of the Petitioner should be removed for violations of Section 479.07(2) and 14-10.04(2), no current permit and the violation of Section 479.07(2) and 14-10.06(3), a spacing violation.

FINDINGS OF FACT

1. An alleged violation of Chapter 479, Section 335 and 339.31, Florida Statutes, and notice to show cause was sent to the Petitioner on the 13th day of February, 1978 alleging that a sign owned by Petitioner located on a roof top thirty (30) feet east of Mills Avenue and State Road 50 with copy reading "WFTV Eyewitness News" is in violation of Section 479.07(2), having no current permit visible.

   
   

2. A second sign located on the same roof top, 30 feet east of Mills Avenue and State Road 50 with copy "B.J. 105 Radio Station", was in violation of Section 479.07(2) as having no current permit visible and also in violation of Section 479.02(2), Rule 14-10-06(3), Florida Administrative Code, violation of a spacing requirement.

3. An application was made by Petitioner for a permit but was denied by the Respondent for the two subject signs.

   
   

4. The sign with the copy "B.J. 105 Radio Station" is less than 500 feet from a permitted billboard and has no current permit tag attached thereto. The sign with the copy "WFTV Eyewitness News", has no current permit tag attached thereto.

   
   

5. The subject signs advertise off-premise businesses and must have permits from the Respondent, Department of Transportation. No permits have been issued for either of the subject signs.

   
   

6. Petitioner has agreed that any improper use of the sign will be discontinued and contemplates an "on-premise or on-site" sign which the Respondent has agreed is a proper use and not in violation of the statutes and rules.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 479.07(2), provides in part:

   
   

   479.07 Individual device permits; fees; tags.-

   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 therein 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. Applications for permits for advertising structures, advertising signs or advertisements shall he made on forms provided by the department and shall be signed by the applicant, or his duly authorized representative . . .

   
   

8. The Petitioner is in violation of the foregoing statute inasmuch as no application for permits have been made for the two subject signs and the signs

are maintained in violation of the foregoing subsection (1), having no permit attached thereto

RECOMMENDATION

Remove the signs of Petitioner within 30 days from the date hereof unless such signs are permitted by the Respondent after a change in the copy on the sign structures.

DONE AND ORDERED this 18th day of August, 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:

Bruce E. Chapin, Esquire

201 East Pine Street Orlando, Florida 32801

Philip Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 78-000644

Orders for Case No: 78-000644