.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KENNETH E. GROSS, MANAGER, )

HIGHLAND COURT, )

)

Petitioner, )

)

vs. ) CASE NO. 78-697T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearings was held in the above styled cause on the 31st day of May, 1978, in the down stairs conference room, 719 South Boulevard Street, Deland, Florida beginning at 1:25 p.m., before Delphene

1. Strickland, State Hearing Officer of the Division of Administrative Hearings.

   
   

   APPEARANCES

   
   

   For Petitioner: No appearance

   
   

   For Respondent: Phil Bennett, Esquire

   Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

   
   

   ISSUE

   
   

   Whether the outdoor advertising sign of Petitioner should be removed.

   
   

   FINDINGS OF FACT

   
   

   1. A notice of alleged violation of Chapter 479 and Section 335.13 and 339.301, Florida Statutes and notice to show cause were sent to Petitioner, Highland Court on August 18, 1977. The notice alleged that the subject outdoor advertising sign with copy, Highland Court, located 2.11 miles north of US 192; US 1 13 N Mile Post 2.11 was in violation of Chapter 479.07(2), and Rule 14-

      10.04 having no current permit tag visible.

      
      

   2. The Petitioner asked for an administrative hearing which was properly noticed. Prior to the hearing the Petitioner stated that he was retiring and had no further interest in the sign. He stated that he was selling the business.

      
      

   3. Evidence was presented that the subject sign was erected without a permit from the Florida Department of Transportation. It has no current state permit tag attached. An application had been made for a permit but the permit

      was denied for the reason that the sign stands less than 500 feet from an existing sign to which is attached a current and valid permit.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Section 479.07(1), 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 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). . .

The foregoing statute requires that each sign have a permit and have the permit attached to the sign. The subject sign was denied a permit but erected in violation of the foregoing statute.

RECOMMENDATION

Remove the sign.

DONE AND ORDERED this 21st 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:

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

Mr. Kenneth E. Gross, Manager Highland Court

24 North Harbor City Blvd. Melbourne, Florida 32935

Docket for Case No: 78-000697

Orders for Case No: 78-000697