STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 86-4558T

) HARRY MOODY OUTDOOR ADVERTISING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on December 17, 1986, at Bartow, Florida.

APPEARANCES

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

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondent: Not present or represented.

By letter dated October 27, 1986, Harry Moody Outdoor Advertising, Respondent, requested an administrative hearing to contest the revocation of Permit Tag Nos. AQ-409-35 and AQ-410-35 for a sign located on SR 52, 29.85 miles west of SR 39A. As grounds for the revocation it is alleged that Respondent no longer has permission of the property owner to maintain a sign at that location.

At the hearing, Petitioner called one witness and 4 exhibits were admitted into evidence.

FINDINGS OF FACT

1. By Outdoor Advertising Space Lease Agreement dated February 19, 1985 (Exhibit 1), Harry Moody Outdoor Advertising, Inc. leased property along SR 52

   520 feet west of Hicks Road to be used for an outdoor advertising sign, applied for and was issued sign permit tags for a structure at this location.

   
   

2. That lease agreement provided that in the event of a bona fide sale of the property the lessee agrees to remove the billboards upon 30 days written notice.

   
   

3. By letter dated July 10, 1986 (Exhibit 2) the current owner of the property rescinded the prior lease agreement with Harry Moody Outdoor Advertising, Inc. and requested removal of the sign.

4. A building permit for a sign to be erected by Greater Outdoor Advertising at this location was issued July 24, 1986 (Exhibit 3), subject to removal of the Moody sign.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter, these proceedings.

   
   

6. Section 479.07(7), Florida Statutes, provides:

   
   

   A permittee shall at all times maintain the permission of the owner or other person in lawful control of the sign site to have and maintain a sign at such site.

   
   

7. Section 479.08, Florida Statutes, provides in pertinent part:

   
   

   The department has the authority to deny or revoke any permit requested or granted under this chapter in any case in which it determines that . . . the permittee has violated any of the provisions of this chapter . . .

   
   

8. Without the property owner's permission to maintain the sign on his property the permit tags are subject to revocation. Its is here concluded that Respondent no longer has the owner's permission to maintain a sign at the site located on SR 52, 520 feet west of Hicks Road. It is

RECOMMENDED that Permit Tag Numbers AQ-409-35 and AQ-410-35 issued to Harry Moody Outdoor Advertising be revoked.

ENTERED this 31st day of December, 1986, in Tallahassee, Florida.

K. N. AYERS 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 31st day of December, 1986.

COPIES FURNISHED:

Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Paul Howes, Real Estate Representative Harry Moody Outdoor Advertising

9740 S.E. 58 Avenue Post Office Box 1359

Belleview, Florida 32620

Thomas Drawdy Secretary

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 86-004558

Orders for Case No: 86-004558