STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1884T

)

J. B. DAVIS, INC., DISTRICT 2 ) OUTDOOR ADVERTISING VIOLATION ) IN MADISON - S.R. 53, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the above styled cause on January 26, 1976, at the District Office Conference Room of the Department of Transportation, South Marion Street, Lake City, Florida, at 9:30 a.m. before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Jay Hendrickson, Esquire For Respondent: J. B. Davis, President

ISSUE

Whether the Respondent is in violation of Sections 479.07(1) and 479.11(1) and (2), Florida Statutes.

FINDINGS OF FACT

1. Fred C. Glass, Outdoor Advertising Inspector, testified that he had inspected an outdoor advertising sign located on State Road 8 (I-10) 3.48 miles south of State Road 53 which was not located within a municipality. Said sign was located 31 feet from the right of way of I-10. His inspection revealed that said sign did not have a permit tag affixed. Located near the sign was a small building without windows and a gas pump. There was no one present on the site when inspected. The building and pump wore locked up. Glass testified that the pump and building did not look as if it had ever been used. Glass identified Composite Exhibit 1, as polaroid pictures he had taken on October 3, 1975 at 3:00 p.m. and they were received into evidence.

   
   

2. From his duties Glass would have been aware of any application received for such a sign, and he stated he had never received an application.

   
   

3. Glass said he had not talked with Davis about the sign, but concluded it was Davis' sign from the nature of the sign's advertisement, and the fact that the J. B. Davis' service station was located at the next exit.

4. J. B. Davis testified that the sign was not his but was located on the site of a service station belonging to L. H. Thurman, Route 2, Lee, Florida. J.

   B. Davis identified Exhibit 2A as a copy of Thurman's Sales Tax Certificate and Exhibit 2B as Thurman's gasoline Dealers License which David had obtained from Thurman. Davis testified that as the gasoline distributor for the counties in the area he supplied gasoline to Thurman who operated the station. He supplied a couple of hundred gallons to Thurman per month. The property where the station is located is leased by Thurman from a Mr. Woods. Davis further testified that one would take the "next exit" to go to Thurman's station.

   
   

   CONCLUSIONS OF LAW

   
   

5. Although the sign may serve to advertise J. B, Davis' station, the Petitioner has failed to show J. B. Davis' ownership of the sign. The testimony of J. B. Davis was uncontroverted, and Exhibits 2A and 2B support it, that the station and sign belong to T. L. Thurman.

RECOMMENDATION

Having failed to show J. B. Davis' ownership of the sign, the Hearing Officer recommends the charges be dismissed.

DONE and ORDERED this 10th day of February, 1976.

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

(904) 488-9675

COPIES FURNISHED:

Jay Hendrickson, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

J. B. Davis, President

J. B. Davis, Inc. Base and Duval Street

Madison, Florida 32340

Docket for Case No: 75-001884

Orders for Case No: 75-001884