STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 87-3843T
)
DON'S PORTA SIGNS, )
)
Respondent. )
)
RECOMMENDED ORDER
An administrative hearing in the above-styled case was held at Tampa, Florida, on December 2, 1987, before K. N. Ayers, Hearing Officer of the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Charles G. Gardner, Esquire
Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0458
For Respondent: Herb Selak, pro se
1841 Nursery Road
Clearwater, Florida 34624
By Notice of Illegal Sign on Right-of-Way dated July 27, 1987, the Department of Transportation (DOT), Petitioner, seeks to levy a $75 fine against Don's Porta Signs, Respondent. As grounds therefor, it is alleged that Respondent owned a sign located on the DOT right-of-way along U.S. 19 at 108th Street North in Pinellas County.
At the hearing, Petitioner called one witness, Respondent called one witness, and five exhibits were admitted into evidence. No transcript has been filed, and no proposed recommended orders received.
FINDINGS OF FACT
On July 20, 1987, a DOT sign inspector observed a portable outdoor advertising sign along U.S. 19 near the intersection of 108th Street North in Pinellas County which appeared to be located on the DOT right-of-way.
The right-of-way of U.S. 19 at this location extends 100 feet east and west of the centerline of U.S. 19 and 50 feet from the edge of the paved lane. Measurements taken showed the sign to be 38 feet from the edge of the pavement.
Photos taken of the sign at the time the sign was inspected reveal that the sign was damaged with the frame bent.
Around noon of the day the sign was inspected, Respondent was notified by the user of the sign that the sign's frame had been bent and the sign damaged. A second call to Respondent around 1:30 P.M. advised that a warning notice had been placed on the sign.
When Herb Selak arrived at the scene shortly thereafter, he observed the anchor missing from the sign and the sign damaged apparently having been hit by a construction company vehicle and pushed off of the parking lot where it had been located and anchored. Prior to the unauthorized removal of the sign onto the right-of-way by a third party, the sign was lawfully placed.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 479.11, Florida Statutes, provides that no sign shall be erected, used, operated, or maintained which is located upon the right-of-way of any highway on the State Highway System, Interstate Highway System or Federal Aid Primary Highway System.
Section 479.107, Florida Statutes, provides that any sign located on the right-of-way of a highway in the State Highway System may be removed by the department; that upon determination by the department that such sign exists, the department shall post notice on the sign for the owner to remove the sign immediately; and that if the owner fails to so remove the sign, the department shall remove the sign whether or not a hearing has been requested by the owner or permittee. Subsection (5) thereof provides:
The cost of removing a sign whether by the department or by an independent contractor, shall be assessed by the department against the owner of the sign. Furthermore, the department shall assess a fine of $75 against the sign owner for any sign which violates the requirements of this section.
The assessment of the fine of $75 is mandatory under the clear wording of the statute and is so construed by the Department. While this result appears unduly harsh under the circumstances, redress of this result must come from the Legislature. It is
RECOMMENDED that a Final Order be entered assessing a fine of $75 against Don's Porta Signs.
ENTERED this 4th day of March, 1988, in Tallahassee, Florida.
K. N. AYERS 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 4th day of March, 1988.
COPIES FURNISHED:
Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399-0458
Gary Kissinger
State Outdoor Advertising Administrator
Department of Transportation Haydon Burns Building, M.S. 22 Tallahassee, Florida 32399-0450
Herb Selak, pro se Don's Porta Signs 1841 Nursery Road
Clearwater, Florida 33540
Thomas H. Bateman, III General Counsel
Department of Transportation
562 Haydon Burns Building Tallahassee, Florida 32399-0450
Kaye N. Henderson Secretary
Department of Transportation 605 Suwannee Street
Tallahassee, Florida 32399-0450 Atten: Eleanor F. Turner
Issue Date | Proceedings |
---|---|
Mar. 04, 1988 | Recommended Order (hearing held , 2013). CASE CLOSED. |
Issue Date | Document | Summary |
---|---|---|
May 06, 1988 | Agency Final Order | |
Mar. 04, 1988 | Recommended Order | Sign in highway right-of-way subjects owner to mandatory fine even if sign placed there by third party. |
DEPARTMENT OF TRANSPORTATION vs. TRACK SIDE AUTO, 87-003843 (1987)
DEPARTMENT OF TRANSPORTATION vs. DON'S PORTA SIGNS, 87-003843 (1987)
LAMAR ADVERTISING COMPANY-LAKELAND vs DEPARTMENT OF TRANSPORTATION, 87-003843 (1987)
DEPARTMENT OF TRANSPORTATION vs. JUDY SMITH HAIRSTYLING, 87-003843 (1987)
ELGIE PRODUCTS vs. DEPARTMENT OF TRANSPORTATION, 87-003843 (1987)