Judges: WILLIAM B. THOMAS
Agency: Department of Transportation
Latest Update: Jan. 15, 1987
Summary: Outstanding permit revoked for losing landowner's permission to maintain sign. Competitor's permit issued.
85-3020.PDF
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LAMAR ADVERTISING COMPANY, )
)
Petitioner, )
)
vs. ) CASE NO. 85-3020T
) DEPARTMENT OF TRANSPORTATION, )
)
Respondent, )
) DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 86-0112T
) HEADRICK OUTDOOR ADVERTISING, INC.,)
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal administrative hearing in these consolidated cases on October 24, 1986 in Pensacola, Florida. The transcript was received on December 15, 1986, and the parties waived the submission of proposed findings of fact and conclusions of law.
APPEARANCES
Lamar Advertising Robert P. Gaines, Esquire Company: Post Office Box 12950
Pensacola, Florida 32576
Department of Philip S. Bennett, Esquire Transportation: Haydon Burns Building, Mail Station 58
Tallahassee, Florida 32301-8064
Headrick Outdoor No one appeared. Advertising, Inc.
By Notice dated August 15, 1985, the Department denied an application of Lamar Advertising Company for permits to erect a sign facing east and west on the south side of U.S. 90A, approximately 400 feet east of U.S. 29, in Escambia County, Florida, because of a spacing conflict with permits held by Headrick Outdoor Advertising, Inc.. Thereafter, by Notice dated December 3, 1985, the Department sought to revoke the permits held by Headrick Outdoor Advertising, Inc., which caused the conflict with Lamar's proposed site, for failure of Headrick to maintain the permission of the property owner to continue to place its signs at the subject location, in violation of Section 479.07(7), Florida Statutes.
FINDINGS OF FACT
State outdoor advertising permits numbered 108 60-10 and 10861-10 were issued in February of 1979, and are now held by Headrick Outdoor Advertising, Inc. These permits authorize a sign on the south side of U.S. 90A, approximately 300 feet west of SR 95A, in Escambia County, Florida.
In July of 1985, Lamar Advertising Company applied for state outdoor advertising permits to erect a sign facing east and west on the south side of U.S. 90A, approximately 400 feet east of U.S. 29, in Escambia County, Florida.
The location proposed by Lamar in its application is in conflict with the location where Headrick holds permits, in that the two sites are less than 1,000 feet apart.
The land where the Headrick signs had been located, and the site where the Headrick permits authorize a sign, has been graded and paved, and is being used as a shopping center. In the course of the construction of this shopping center, the Headrick signs were removed, and Headrick no longer has a lease for its permitted site or permission of the property owner to locate a sign there.
Lamar has a lease to the site where it applied for permits. This lease is from the owner of the land, and it grants Lamar permission to locate a sign at the location sought to be permitted, through February, 1992.
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 regulatory authority over outdoor advertising signs, pursuant to Chapter 479, Florida Statutes.
Section 479.07(9)(a)2., Florida Statutes, requires at least 1,000 feet between permitted signs on the same side of a federal aid primary highway before a state permit can be issued. The Lamar application is for a location which conflicts with permits held by Headrick, in that the two sites are not at least 1,000 feet apart. Thus, unless the Headrick permits can be invalidated, the Lamar application may not be granted.
Section 479.07(7), Florida Statutes, requires that a permittee at all times maintain the permission of the owner of the site to have a sign at such site. Section 479.08, Florida Statutes, authorizes the Department to revoke a permit when the permittee has violated any of the provisions of Chapter 479, Florida Statutes. The failure of Headrick to continue to have the permission of the owner of the site where it has sign permits, is a violation of Section 479.07(7), Florida Statutes, and subjects its permits to revocation.
Lamar has the written permission of the owner of the site where it applied for permits, in compliance with Section 479.07(2), Florida Statutes. The spacing conflict with the Headrick permits would be removed if the Headrick permits were revoked. In this event, there would be no impediment to the issuance of permits to Lamar, pursuant to its application.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is
RECOMMENDED that the state sign permits numbered 10860-10 and 10861-10 held by Headrick Outdoor Advertising, Inc., authorizing a sign on the south side of U.S. 90A, approximately 300 feet west of SR 95A, in Escambia County, Florida be revoked. And it is further
RECOMMENDED that the application of Lamar Advertising Company for permits to erect a sign facing east and west on the south side of U.S. 90A, approximately 400 feet east of U.S. 29, in Escambia County, Florida, be granted.
THIS Recommended Order entered on this 15th day of January, 1987, in Tallahassee, Leon County, Florida.
WILLIAM B. THOMAS
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 15th day of January, 1987.
COPIES FURNISHED:
Robert P. Gaines, Esquire
P. O. Box 12950 Pensacola, Florida 32576
Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064
Mr. Jim Baughman Vice President
Headrick Outdoor Advertising, Inc.
404 Jenks Avenue, Suite "B" Panama City, Florida 32401
Thomas Drawdy, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301-8064
A. J. Spalla General Counsel
Department of Transportation Haydon Burns Building Tallahassee, Florida 32301-8064
Docket for Case No: 85-003020
Orders for Case No: 85-003020
| Issue Date |
Document |
Summary |
|
Mar. 03, 1987 |
Agency Final Order
|
|
|
Jan. 15, 1987 |
Recommended Order
|
Outstanding permit revoked for losing landowner's permission to maintain sign. Competitor's permit issued.
|
