STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BILL SALTER OUTDOOR ADVERTISING, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 85-0744T

)

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 February 14, 1986, in Pensacola, Florida. The transcript was filed on March 10, 1986, and the parties were allowed 10 days thereafter to submit proposed findings of fact and conclusions of law. The proposed findings of fact filed by counsel for the Respondent have been accepted. To date nothing has been received from the Petitioner.

APPEARANCES

For Petitioner: C. R. Findley and

Joel Robert Griffin

as witnesses for the Respondent Post Office Box 422

Milton, Florida 32572

For Respondent: Vernon L. Whittier, Jr., Esquire

Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064

By application dated November 13, 1984, the Petitioner applied for permits to place an outdoor advertising sign on the west side of SR 291, .1 mile north of I-10 in Escambia County, Florida, outside any city limits. The Department denied the application because this location is within 500 feet of a restricted interchange. The issue to be resolved is whether the

proposed site is permittable under the applicable statutes and rules.

FINDINGS OF FACT

1. On November 13, 1984, the Petitioner, Bill Salter Outdoor Advertising, Inc., applied for permits to locate an outdoor advertising sign on the west side of SR 291, approximately .1 mile north of I-10, in Escambia County, Florida. One of the two faces of this sign would face north and the other south.

   
   

2. This location is outside the corporate limits of any city or municipality.

   
   

3. I-10 and SR 291 intersect in the area where the Petitioner proposes to locate its sign. This site is 492 feet from the nearest edge of the interstate where it intersects with SR 291 at the westbound entrance ramp from SR 291. This intersecting point is on the west side of SR 291, the north side of I-10, and it is within 500 feet of the interchange area.

   
   

4. A sign placed at the proposed site would be visible to traffic on the main-traveled way of I-10.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to and 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.

   
   

6. Section 479.02, Florida Statutes, gives to the Department of Transportation the duty to regulate the spacing of signs on the interstate highway system.

   
   

7. Pursuant thereto, the Department has promulgated Rule 14.10.09, Florida Administrative Code, which in Section III B Spacing of Signs, 2.b. prohibits the placement of a sign adjacent to or within 500 feet of an interchange on an interstate highway, outside incorporated cities and towns. This proscription is also in Rule 14-10.06(1)(b)2.b., Florida Administrative Code.

   
   

8. Even though the location where the Petitioner applied for a permit is on SR 291, this site is within 500 feet of the interstate highway interchange area at the intersection of I-10

and SR 291. This location is outside the corporate limits of any city or town, in Escambia County, and the proposed sign is visible to traffic on the main-traveled way of I-10. Thus, the proposed site is not permittable, and the Petitioner's application cannot be approved.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

Recommended that the application of Bill Salter Outdoor Advertising, Inc., for permits to locate an outdoor advertising sign on SR 291, .1 mile north of I-10, facing north and south, in Escambia County, Florida, be DENIED.

THIS RECOMMENDED ORDER entered this 3rd day of April, 1986 in Tallahassee, Leon County, Florida.

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 3rd day of April, 1986.

COPIES FURNISHED:

Bill Salter Outdoor Advertising, Inc. Post Office Box 422

Milton, Florida 32572

Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064

Hon. Thomas E. Drawdy Secretary

Department of Transportation Haydon Burns Bldg.

Tallahassee, Florida 32301

Docket for Case No: 85-000744

Orders for Case No: 85-000744