STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GARY AND MAXINE DOTSON, )

)

Petitioners, )

)

vs. ) CASE NO. 78-659T

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held before Delphene C. Strickland, State Hearing Officer with the Division of Administrative Hearings on the 1st day of June, 1978 at 3:00 p.m. in the Department of Transportation District Conference Room, 719 South Boulevard, Deland, Florida.

APPEARANCES

For Petitioner: Mr. Gary Dotson, Appearing in Proper Person

315 Bay Boulevard

Palm Bay, Florida 32905

For Respondent: Philip Bennett, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

ISSUE

Whether the sign of Petitioner should be removed for having been erected without a permit from the Respondent, the Department of Transportation.

FINDINGS OF FACT

1. A violation notice was issued by the Respondent against the Petitioner on August 18, 1977, alleging that Petitioner was in violation of Chapter 479.07(2) and Rule 14-10.04, inasmuch as Petitioner maintained a sign with no current tag visible, located .3 miles north of State Road 516 e/s on US Highway #1 (308 north, Mile Post 13.62) with copy "Fish Camp".

   
   

2. Petitioner requested an administrative hearing.

   
   

3. There was no dispute between the parties as to the location of the sign as cited in the violation notice but the parties stipulated that the copy of the subject sign advertised "Castaway Point, Scenic, Secluded, Relaxing, Enjoyable". It was undisputed that the sign carried no visible permit tag. There was no dispute that the sign was erected without a permit from the Respondent, Department of Transportation.

4. The sign is a two faced sign, one faces north and one faces south. There is a permitted sign less than 500 feet from the subject sign facing the same way on the same side of the street, both for the north face and for the south face.

   
   

5. There has been a sign located in the approximate position of the Petitioner's sign for many years advertising the business of the Petitioner over

   100 feet away. The sign was lighted in 1975.

   
   

6. The Petitioner contends: (a) that the first time he knew of the law was at the time he received the subject violation notice (b) that there are many other signs in the vicinity of his sign which are not 500 feet apart and which advertise businesses 100 miles away (c) that the Respondent, Department of Transportation, notified the large sign companies before the private individuals were notified and therefore gave the large sign companies the opportunity to permit their signs whereas the individuals had no opportunity to secure permits for their signs (d) that the public would have no way of finding Petitioner's business unless the sign is allowed to stand.

   
   

7. The Respondent contends: (a) that the sign cannot be permitted inasmuch as it can not comply with the statutory spacing requirement in its present location and that it now stands without a current tag visible.

   
   

   CONCLUSIONS OF LAW

   
   

8. Section 479.07(2) provides in part:

   
   

   479.07 Individual device permits; fees; tags.-

   1. Except as in this chapter otherwise provides, no person shall construct, erect, operate, use, maintain, or cause or permit to be constructed, erected, operated, used or maintained any outdoor advertising structure, outdoor advertising sign or outdoor advertisement, outside any incorporated city or town, without first obtaining a permit therefor from the department, and paying the annual fee therefor, as herein provided. Any person who shall construct, erect, operate, use, or maintain, or cause or permit to be constructed, erected, operated, used, or maintained, any outdoor advertising structure, outdoor advertising sign, or outdoor advertisement along any federal aid primary highway or interstate highway within any incorporated city or town shall apply for a permit on a form provided by the department. a permanent permit tag of the kind hereinafter provided shall be issued by the department without charge and shall be affixed to the

      sign in the manner provided in subsection (4). . .

      
      

   2. Applications for permits for advertising structures, advertising signs or advertisements shall be made on forms provided by the department and shall be signed by the

   applicant, or his duly authorized representative. . .

9. Rule 14-10.04, F.A.C. provides in part: 14-10.04 Permits.

   1. Statute: Section 479.07(1) of the Florida Statutes, requires that no person may use or maintain any outdoor advertising structure, outdoor advertising sign or outdoor advertisement, outside any incorporated city or town, without first obtaining a permit therefor from the department, and paying the annual fee therefor, as provided.

RECOMMENDATION

Remove the Peittioner's sign, unless said sign is removed by Petitioner or is satisfactorily relocated within 10 days of the issuance of this order.

DONE AND ENTERED this 21st day of August, 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:

Mr. Gary Dotson

315 Bay Boulevard

Palm Bay, Florida 32905

Philip Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 78-000659

Orders for Case No: 78-000659