STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 84-4403T
)
RUPERT N. CAVINESS, d/b/a )
CAVINESS MOTOR COMPANY, )
)
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 April 9, 1985, in Ocala, Florida.
APPEARANCES
FOR PETITIONER: Philip S. Bennett, Esquire
Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064
FOR RESPONDENT: Mr. R.S. Williams
Vice President Caviness Motor Company Post Office Box 668 Ocala, Florida 32670
Testified for the Respondent FINDINGS OF FACT
The Respondent, Caviness Motor Company, owns an outdoor advertising sign which is situated on U.S. 441, .2 mile south of U.S. 27, in Marion County, Florida, inside the city limits of Ocala. This sign is a concrete structure with two faces, one southfacing and one northfacing. It bears the logo "Caviness Motor Co. Buick Sales and Service."
U.S. 441 is a federal-aid primary highway, and it is open to traffic.
The subject sign is visible from the main traveled way of U.S. 441.
The subject sign is situated 150 feet away from a sign which is permitted to Peterson Outdoor Advertising on the north, and is situated 475 feet from a sign permitted to Moody Outdoor Advertising on the south. These signs are all on the same side of U.S. 441.
The subject sign does not have a permit issued by the Department of Transportation.
The subject sign has never been an "on premise" sign. Until September of 1983, it was located eight blocks away from the Respondent's place of business. Thereafter, the Respondent's business was moved, and this sign is now approximately two miles away from the business premises.
CONCLUSIONS OF LAW
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 to issue permits there for pursuant to the provisions of Chapter 479, Florida Statutes.
Section 479.07(1), Florida Statutes, prohibits the erection, use or maintenance of an outdoor advertising structure along any federal-aid primary highway without first obtaining a permit therefor from the Department of Transportation. This applies inside city limits as well.
Section 479.07(9)(a)2, Florida Statutes, prohibits the permitting of an outdoor advertising sign within 1,000 feet from any other permitted sign on the same side of the highway, if the location is on a federal-aid primary highway.
The Respondent's sign which is the subject of this proceeding does not have a permit issued there for by the Department of Transportation. This sign also is located within 1,000 feet from a permitted sign to the north and to the south, on a federal-aid primary highway. It is, therefore, in violation of the above statutes, and must be removed.
Based upon the foregoing Findings of Fact and Conclusions of Law, it is:
RECOMMENDED that the Respondent's sign situated on U.S. 441, .2 mile south of U.S. 27, in Marion County, Florida, be removed.
THIS RECOMMENDED ORDERED entered this 16th day of April, 1985.
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 16th day of April, 1985.
COPIES FURNISHED:
Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064
Mr. R.S. Williams Vice President
Caviness Motor Company
P.O. Box 668
Ocala, Florida 32670
Hon. Paul A. Pappas Secretary
Department of Transportation Haydon Burns Bldg., Room 562 Tallahassee, Florida 32301
Issue Date | Proceedings |
---|---|
May 17, 1985 | Final Order filed. |
Apr. 16, 1985 | Recommended Order sent out. CASE CLOSED. |
Issue Date | Document | Summary |
---|---|---|
May 14, 1985 | Agency Final Order | |
Apr. 16, 1985 | Recommended Order | Removal of sign ordered for violating spacing requirements. Site was within 1000 feet from existing permitted sign. |
DEPARTMENT OF TRANSPORTATION vs. GENERAL OUTDOOR ADVERTISING COMPANY, 84-004403 (1984)
DEPARTMENT OF TRANSPORTATION vs. SNUG HARBOR PARK, 84-004403 (1984)
DEPARTMENT OF TRANSPORTATION vs. JANET C. WYATT, 84-004403 (1984)
DEPARTMENT OF TRANSPORTATION vs. MORELAND`S GUN SHOP, 84-004403 (1984)
DEPARTMENT OF TRANSPORTATION vs. MORELAND`S GUN SHOP, 84-004403 (1984)