Judges: WILLIAM B. THOMAS
Agency: Department of Transportation
Latest Update: May 21, 1990
Summary: Unlicensed advertising sign should be removed.
83-3932.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 83-3932T
)
HINSON OIL COMPANY, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was referred to the Division of Administrative Hearings when the Respondent, by letter dated December 2, 1983, requested an administrative hearing under Section 120, Florida Statutes. Thereafter, by Order dated December 22, 1983, the parties were authorized to undertake discovery in the manner provided in the Florida Rules of Civil Procedure. On January 9, 1984, the Petitioner served on the Respondent its Request for Admissions pursuant to Section 120.58(1)(b), Florida Statutes, and Rules 1.280(a) and 1.370 of the Florida Rules of Civil Procedure.
On February 22, 1984, the Petitioner filed its Motion for Summary Disposition and Recommended Order, asserting that more than 40 days had elapsed since its Request for Admissions were served on the Respondent, and that there had been no response by the Respondent to this Request for Admissions.
Accordingly, by Order to Show Cause entered on March 7, 1984, the Respondent was required to show cause by March 19, 1984, why a summary Recommended Order should not be entered for want of any dispute as to any material fact, because of the 7Respondent's failure to respond to the Request for Admissions served on January 9, 1984.
Finally, by pleading filed on August 21, 1984, the Petitioner renewed its Motion for a summary Recommended Order, asserting that there has been no response by the Respondent to the Order to Show Cause entered on March 7, 1984. The record of this proceeding confirms this assertion. Consequently, the failure of the Respondent to answer, object to, or otherwise respond to the Petitioner's Request for Admissions, is deemed to be an admission of all relevant matters inquired into by the Petitioner in its Request for Admissions, in accordance with hole 1.370, Florida Rules of Civil Procedure. In addition, the Respondent having failed to show cause why a summary Recommended Order should not be entered, this Recommendation is submitted on the pleadings filed.
APPEARANCES
For Petitioner: Philip S. Bennett, Esquire
Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064
For Respondent: Mr. E. W. Hinson, Jr.
Hinson Oil Company Post Office Box 448 Quincy, Florida 32351
FINDINGS OF FACT
The sign which is the subject of this proceeding was cited for violations of the Florida statutes and rules regulating outdoor advertising structures by notice of violation dated November 3, 1983, and served on the Respondent as owner of this sign.
The subject sign is located on the north side of Interstate 10, 1.6 miles east of State Road 267, in Gadsden County, Florida.
This structure is an outdoor sign, or display, or device, or figure, or painting, or drawing, or message, or placard, or poster, or billboard, or other thing, designed, intended or used to advertise or inform with all or part of its advertising or informative content visible from the main traveled way of Interstate 10.
The structure is located within 660 feet of the nearest edge of the pavement of Interstate 10, as alleged in the violation notice dated November 3, 1983.
The structure was located outside any incorporated city or town on the date it was built.
The structure was not located in a commercial or industrial zoned or unzoned area on the date it was built.
The structure was constructed, or erected, without a currently valid permit issued by the Department of Transportation; it was operated, used, or maintained without such a permit; and a Department of Transportation outdoor advertising permit has never been issued for the subject structure.
The structure does not fall within any of the exceptions listed in Section 479.16, Florida Statutes.
The structure was located adjacent to and visible from the main traveled way of a roadway open to the use of the public for purposes of vehicular traffic in the State of Florida at the time it was built.
The structure had affixed the copy or message as shown on the notice of violation when it was issued; namely, Texaco Next Exit Turn Left - Food Store.
Hinson Oil Company is the owner of the sign or structure which is the subject of this proceeding.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case pursuant to Section 120.57(1), Florida Statutes. The Department of Transportation has authority to regulate outdoor advertising signs and issue permits therefor pursuant to Chapter 479, Florida Statutes.
Section 479.07(1), Florida Statutes, requires all outdoor advertising structures outside incorporated cities or towns to have a permit issued by the department. The sign which is the subject of this proceeding does not have such a permit, and thus it is in violation of the above statute.
Section 479.11, Florida Statutes, prohibits the erection of an outdoor advertising structure within 660 feet of all portions of the interstate system, unless the area is commercial and industrial zoned or commercial and industrial unzoned (as allowed by Section 479.111(2), Florida Statutes). The sign which is the subject of this proceeding is within 660 feet from Interstate 10, and it is not located in a commercial and industrial zoned area or in a commercial and industrial unzoned area. Thus, the subject sign is in violation of the above statute.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the sign owned by the Respondent, Hinson Oil Company,
located on the north side of Interstate 10, 1.6 miles east of State Road 267, in Gadsden County, Florida, be removed.
DONE and ORDERED this 31st day of August, 1984, in Tallahassee, Florida.
COPIES FURNISHED:
Philip S. Bennett, Esquire Haydon Horns Building, MS-58 Tallahassee, Fl. 32301-8064
Mr. E. W. Hinson, Jr. Hinson Oil Company
P O. Box 448
Quincy, Florida 32351
WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1984.
Paul Pappas Secretary
Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Docket for Case No: 83-003932
Orders for Case No: 83-003932
