STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BILL SALTER, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1423T

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in Chipley, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented on a request for hearing on the denial of an application for a permit to erect an outdoor advertising sign by the Department of Transportation. The proposed sign location was 0.4 mile east of US 29 on Interstate 10.

APPEARANCES

For Petitioner: Mr. Bill Salter, pro se

Bill Salter Advertising Company Post Office Box 422

Milton, Florida 32570

For Respondent: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

STIPULATION

Before the commencement of the hearing, the parties stipulated to the following facts:

1. The proposed location of the signs in question borders Interstate 10, a highway which is part of the interstate system.

   
   

2. Interstate 10, as it relates to these signs, was open to the public when application was submitted on May 4, 1979.

   
   

3. The parties stipulate to the admission of Exhibit 1, a copy of the application as filed by Salter, including a lease agreement and diagram of the proposed signs.

   
   

4. The parties stipulate to the introduction of Exhibit 2, a copy of a letter from W. L. Whisenhant and Luverne Whisenhant to Ronald Lashley of Bill Salter Advertising, which Halter acknowledges receiving.

ISSUE

Based upon the Stipulation and the evidence received, the issue to be determined is whether Bill Salter has the written permission of the land owner to erect the proposed advertising signs.

FINDINGS OF FACT

1. Bill Salter filed an application for the erection of outdoor advertising signs, Exhibit 1, with the Department of Transportation. This application included a lease agreement and diagram of the proposed signs.

   
   

2. Subsequently, the Department of Transportation received a copy of the letter addressed to Ronald Lashley of Bill Salter Advertising from W. L. Whisenhant and Luverne Whisenhant, the owners of the property upon which the proposed signs were to be located, cancelling the lease for the erection of the signs. Based upon this information, the Department of Transportation denied the application of Bill Salter.

   
   

3. At the hearing a letter dated October 12, 1979, was introduced, which is a grant of permission to Bill Salter Advertising to erect an outdoor advertising sign at the location specified in the original application.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 479.13, Florida Statutes, provides that no one shall construct an outdoor advertising sign without the written permission of the owner or other person in lawful possession or control of the property on which the sign is located. The original application was denied on the basis that the written permission had been revoked. At hearing the applicant presented written permission to erect a sign at the same location of the original sign. The applicant has complied with the requisite provisions of Chapter 479, Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the application be granted.

DONE and ORDERED this 1st day of November, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Mr. Bill Salter

Bill Salter Advertising Company Post Office Box 422

Milton, Florida 32570

Docket for Case No: 79-001423

Orders for Case No: 79-001423