STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA OUTDOOR, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 77-1831T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held in Fort Lauderdale, Florida, on November 17, 1977, before Delphene C. Strickland, Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: William D. Rowland, Esquire

115 East Morse Boulevard Post Office Box 539

Winter Park, Florida 32790

For Respondent: Philip S. Bennett, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

ISSUE

Whether the outdoor advertising structure of the Petitioner, Florida Outdoor, Inc., is in violation of Section 479.13 and 479.05 of the Florida Statutes.

FINDINGS OF FACT

1. The Petitioner, Florida Outdoor, Inc., is the owner of two signs located on U.S. Highway 41, six miles east of SR 839A. One has a copy of "Wootens Airboat Tours" and the second sign which is also located on U.S. Highway 41, fifty feet (50') east from Bridge No. 95 has a copy of "Shell Factory."

   
   

2. The real property upon which these structures are located was formerly owned by the Collier Company of Naples, Florida, who by letter dated November 17, 1976, notified the Petitioner that it expected to conclude negotiations for sale of its property leased by Petitioner sign company on November 1976 and therefore would not renew any sign space leases beyond their expiration date of December 31, 1976.

3. The leases were not renewed and the structures stand upon the property without authorization from the present owner of the property, the State of Florida, which has leased it to the National Park Service.

   
   

4. By letter dated April 14, 1977, the National Park Service, requested the Respondent DOT which has the responsibility to administer and enforce the outdoor advertising law, Chapter 479, F.S., to remove subject signs. As a reason for the request, it cited:

   
   

   Title 23 CRF - Highways, Part 131(h) states that "All public lands or reservations of the United States which are adjacent to any portion of . . . the primary system shall be controlled in accordance with the provisions of this section and the national standards promulgated by the Secretary,"

   and Part 138 Preservation of parklands states: "It is hereby declared to be the national policy that special effort should be made

   to preserve the natural beauty of the countryside and public park and recreation lands."

   
   

   CONCLUSIONS OF LAW

   
   

5. The Respondent cited the Petitioner for violation of Section 479.13 of the Florida Statutes, which provides:

   
   

   Written permission of owner required - no person shall construct, erect, operate, use or maintain any outdoor advertising structure, outdoor adver- tising sign or advertisement without the written permission of the owner or other person in lawful possession or control of the property on which such structure or sign is located.

   
   

6. The evidence in this case shows that the Petitioner, at one time had a lease for the structures on property owned by the Collier Company of Naples, Florida. It is further shown, however, that Company declined to renew a lease to the Petitioner which expired on December 31, 1976.

   
   

7. The Petitioner is in violation of the foregoing statute by allowing its sign to operate on the property of the State of Florida without permission of the state or its lessee.

Section 479.05, F.S., provides:

Revocation of license.- The department shall have authority, after 30 days' notice in writing to the licensee, to revoke any license granted by it upon repayment of a proportionate part of the license fee, in any case where it shall find that any material information required to be given in the application for the license is knowingly false or misleading or that the licensee has violated any of the provisions of this chapter unless such licensee shall, before the expiration of said 30 days, correct such false or misleading information

and comply with the provisions of this chapter. Any person whose license is so revoked may, within the time provided by the Florida Appellate Rules

apply to the circuit court for a declaratory judgment as to the validity of said order of revocation as provided by chapter 86.

The foregoing statute was discussed at the hearing but is not pertinent to the settlement of the issues of this case. The proposed recommended orders of the parties were considered in the preparation of this order.

RECOMMENDATION

Remove the Petitioner's signs.

DONE and ORDERED this 7th day of April, 1978, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

William D. Rowland, Esquire Post Office Box 539

Winter Park, Florida 32790

Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 77-001831

Orders for Case No: 77-001831