STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. BARRY SHUCK, d/b/a )

   DESIGNS CUSTOM SIGNS, )

   )

   Petitioner, )

   )

   vs. ) CASE NO. 84-3095T

   ) DEPARTMENT OF TRANSPORTATION, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on July 23, 1985, in Pensacola, Florida. The transcript was filed on August 5, 1985, and the Petitioner requested 15 days thereafter to submit proposed findings of fact and conclusions of law. By stipulation, the time for issuance of this Recommended Order was extended to 30 days after the filing of proposed findings and conclusions; to date, nothing has been received from the Petitioner, and no request for extension has been made.

   
   

   APPEARANCES

   
   

   For Petitioner: A. Barry Shuck, in pro per

   102 Pine Court

   Pace, Florida 32570

   
   

   For Respondent: Charles G. Gardner, Esquire

   Haydon Burns Bldg., Mail Station 58 Tallahassee, Florida 32301-8064

   
   

   By letter dated July 31, 1984, the Department of Transportation notified the Petitioner that the application for a sign permit that had been received initially on June 7, 1984, was denied. This application sought a permit to erect a sign on the east side of I-110, 1.5 miles north of Fairfield Drive in Escambia County, Florida. The Petitioner's application was denied because the proposed location was alleged to be within 1,000 feet of permits issued to Lamar Advertising. Thus, the Department contends that the spacing rule for signs visible from an interstate highway would be violated by issuance of the permit requested by the Petitioner.

   
   

   FINDINGS OF FACT

   
   

   1. The Petitioner has applied for a permit, and proposes to erect an outdoor advertising sign on the east side of Interstate 110, 1.5 miles north of Fairfield Drive in Escambia County, Florida. This sign would face east and west, with the copy on the face which is the subject of this proceeding facing west.

   2. Interstate 110 is a north-south highway at the point where the Petitioner's sign is proposed to be erected.

      
      

   3. The Department of Transportation has issued two permits to Lamar Advertising for an outdoor advertising sign located on the east side of I-110, approximately 320 feet north of the site of the Petitioner's proposed sign. These Lamar Advertising permits are for the north face and the south face of the Lamar sign which can be read by traffic traveling both north and south on I-110.

      
      

   4. Although the Petitioner's proposed sign would face west, the copy would be visible to northbound traffic on I-110 and to some extent to southbound traffic there.

      
      

   5. The Petitioner's sign as proposed could be seen by the same traffic as can see the Lamar Advertising sign.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case. Section 120.57(1), Florida Statutes. The Department of Transportation has the authority to regulate outdoor advertising signs and issue permits therefor pursuant to the provisions of Chapter 479, Florida Statutes.

      
      

   7. The Petitioner's application is governed by Rule Chapter 14-10, Florida Administrative Code, and by Chapter 479, Florida Statutes, as it was prior to the 1984 amendments which took effect on July 1, 1984, because the application was filed on June 7, 1984.

      
      

   8. Section 479.11, Florida Statutes, prohibited the erection of outdoor advertising signs on all portions of the interstate highway system, except as allowed by Section 479.111 and 479.16, Florida Statutes. These exceptions are not applicable to this proceeding.

      
      

   9. Rule 14-10.06(1)(b)2.a., Florida Administrative Code, prohibits outdoor advertising signs within 1,000 feet of any other permitted sign on the same side of the highway, if the location is on an interstate highway.

      
      

   10. Section 479.01, Florida Statutes, under Definitions, provided:

       
       

       1. "Sign" means any outdoor sign . . . designed, intended, or used to advertise

          or inform, any part of the advertising . . . of which is visible from any place on

          the main-traveled way of the interstate. . . highway system. . . . (Emphasis added)

          
          

   11. The Lamar Advertising sign with which the Petitioner's proposed sign would conflict, is on the same side of the highway, and is visible to northbound and southbound traffic on the main traveled way of I-110. The Petitioner's sign would be visible to the same traffic as can view the Lamar sign. The location where the Petitioner proposes to erect its sign is within 1,000 feet of the site where the Lamar sign has been erected. Therefore, the approval of the Petitioner's requested permit would allow it to erect a sign which would violate the spacing requirements set forth in Rule 14-10.06(1)(b)2.a., Florida Administrative Code.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition of A. Barry Shuck, d/b/a Designs Custom

Signs, for a permit to erect an outdoor advertising sign on Interstate 110, 1.5 miles north of Fairfield Drive in Escambia County, Florida, be DENIED.

THIS RECOMMENDED ORDER entered this 16th day of September, 1985 in Tallahassee, Leon County, Florida.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 132301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of September, 1985.

COPIES FURNISHED:

Mr. A. Barry Shuck Designs Custom Signs

102 Pine Court

Pace, Florida 32570

Charles G. Gardner, Esquire Haydon Burns Bldg. M.S. 58 Tallahassee, Florida 32301-8064

Hon. Thomas E. Drawdy Secretary

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 84-003095

Orders for Case No: 84-003095