STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 85-2487T

)

GARY DOTSON, d/b/a )

CASTAWAY POINT, )

)

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 January 15, 1986, in Orlando, Florida. The transcript was filed on February 7, 1986, and the parties waived their right to submit proposed findings of fact and conclusions of law.

APPEARANCES

FOR PETITIONER: Philip S. Bennett, Esquire

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

FOR RESPONDENT: Gary Dotson, in pro per

3101 Bay Boulevard, Northeast Palm Bay, Florida 32905

By notice dated June 5, 1985, the Department advised the Respondent that sign permit number 6637-2 was being revoked pursuant to Section 479.08, Florida Statutes (1984 Supplement) because the Respondent no longer had the permission of the property owner to maintain a sign at the permitted location.

Permit number 6637-2 authorized a sign on U.S. 1, 1.3 miles north of SR 516, facing west, in Brevard County, Florida. Thus, the issue presented is whether the Respondent's permit for a sign at this location should be revoked.

FINDINGS OF FACT

1. The Respondent, Gary Dotson, d/b/a Castaway Point, holds outdoor advertising sign permit number 6637-2 authorizing a sign on U.S. 1, 1.3 miles north of SR 516, facing west, in Brevard County, Florida. This location is inside the road right-of-way of the City of Palm Bay.

   
   

2. At the time when the subject sign Permit was issued by the Department, the City of Palm Bay had given permission to erect a sign at this location. This permission was for a period beginning on February 15, 1979, and expiring in April of 1980.

   
   

3. A sign had been erected at the site where the permit had been issued. This sign was erected by a previous owner, and when the Respondent bought Castaway Point the purchase included the sign.

   
   

4. The sign which was authorized by the subject permit was removed by the City of Palm Bay after the City's permission for continued maintenance of this sign had expired. There is presently no authority from the City of Palm Bay for the Respondent to have a sign at the permitted site.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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 regulatory authority over outdoor advertising signs as prescribed by Chapter 479, Florida Statutes.

   
   

6. Section 479.07(7), Florida Statutes (1985), requires that the holder of a state outdoor advertising sign permit at all times maintain the permission of the owner or other person in lawful control of the sign site to have a sign at this site. During the time when the City of Palm Bay authorized the maintenance of a sign on the road right-of-way controlled by the city, the Respondent's sign was lawful. When the City of Palm Bay let the permissive term expire in 1980 without extending it, there was no longer any authorization from the City of Palm Bay for a sign at this location, and continued maintenance of a sign there was not lawful.

   
   

7. Section 479.08, Florida Statutes (1985), authorizes the Department to revoke any sign permit issued by it whenever the permittee has violated any of the provisions of Chapter 479. The

holder of a permit for an outdoor advertising sign who does not maintain the permission of the party in control of the sign site to have a sign there is in violation of Section 479.07(7) Florida Statutes (1985) . As a result of the violation of this provision of Chapter 479, the Respondent's sign permit may be revoked pursuant to Section 479.08, Florida Statutes (1985).

RECOMMENDATION

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

RECOMMENDED that permit number 6637-2 held by Gary Dotson, d/b/a Castaway Point, for a sign on US. 1, 1.3 miles north of SR 516, facing west, in Brevard County, Florida, be revoked.

THIS RECOMMENDED ORDER ENTERED this 6th day of March, 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 6th day of April, 1986.

COPIES FURNISHED:

Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064

Mr. Gary Dotson

3101 Bay Boulevard, N.E. Palm Bay, Florida 32905

Hon. Thomas E. Drawdy Secretary

Department of Transportation

Haydon Burns Bldg. Tallahassee, Florida 32301

Docket for Case No: 85-002487

Orders for Case No: 85-002487