STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1362T

)

OUTDOOR DISPLAY, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the Conference Room of the Department of Transportation District I Building, 801 N Broadway, Bartow, Florida on October 22, 1975 before Stephen F. Dean, Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Dennis E. LaRosa, Esquire

Counsel for Complainant Department of Transportation

For Respondent: Outdoor Display, no appearance Witness: Richard Boger, Administrator

Outdoor Advertising, District I

Department of Transportation ISSUE

This case arose upon the filing of a complaint against Outdoor Display by

A. M. DeVetter, Inspector for the Department of Transportation Right of Way Bureau. The case was thereafter referred to the Division of Administrative Bearings by the Department of Transportation for hearing to determine whether Outdoor Display was in violation of Section 479.07, Florida Statutes, by erecting, using or maintaining advertising structures without acquiring and affixing to said structure the permits required by law.

The Counsel for the Department of Transportation moved for additional time to present evidence of notice given to Outdoor Display, and was given until October 28, 1975 to present such evidence. The Hearing Officer having examined this evidence finds that Outdoor Display received notice as required by Chapter

479 and Chapter 120, Florida Statutes, with reference to alleged violations of Section 479.07, Florida Statutes.

The Hearing Officer finds that the notice does met reference a spacing violation, and therefore the Hearing Officer will not consider evidence presented relative to that issue in arriving at his recommended order.

The Department of Transportation presented as its first witness Richard Boger, who having been sworn testified regarding the charges against Outdoor Display.

Based upon the testimony received the Hearing Officer makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

1. Outdoor Display is a licensed outdoor advertiser holding License No. 18191 from Polk County.

   
   

2. The two signs which are referenced in the charges are located on U.S.

   92 respectively 2.59 miles and 2.67 miles west of U.S. 27.

   
   

3. These signs were inspected in 1975 and the first sign bore 1971 permit issued to Outdoor Display. The signs each had a value of more than $100. Both signs belonged to Outdoor Display, and neither sign bore a current permit.

   
   

4. Boger receives application from Outdoor Display as the outdoor advertising administrator but had not received any application with regard to these two signs prior to the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Hearing Officer finds that Outdoor Display is in violation of Section 479.07(1) or Section 479.07(4), Florida Statutes, by using, maintaining or erecting advertising structures without acquiring a permit or by failing to affix a permit to the advertising structure.

RECOMMENDED ORDER

Wherefore the Hearing Officer recommends that the Department of Transportation revoke the outdoor advertising license of Outdoor Display pursuant to Section 479.05, Florida Statutes, and further, that the Department of Transportation take such actions as are necessary to remove the signs identified hereinabove, pursuant to Section 479.10, Florida Statutes, and further, that the Department of Transportation file charges with the State's Attorney in the judicial circuit in which said signs are located it appearing that the permittee failed to remove said signs within 30 days of the expiration of the permits identified above as required by Section 479.10, Florida Statutes, said failure being defined a misdemeanor of the second degree punishable as provided in Section 775.082 or 774.083, Florida Statutes.

DONE and ORDERED this 29th day of October, 1975.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Dennis E. LaRosa, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Outdoor Display Post Office Box 691

Fort Lauderdale, Florida

Docket for Case No: 75-001362

Orders for Case No: 75-001362