STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RIDGEWOOD SIGNS, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 83-852T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

Respondent. )

) RIDGEWOOD SIGNS, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 83-853T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled cases on June 28, 1983, at Bartow, Florida.

APPEARANCES

For Petitioner: Edward L. Garrabrants, Esquire

10816 U.S. 19, Suite 110

Port Richey, Florida 33568

For Respondent: Charles G. Gardner, Esq.

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

By letter dated March 2, 1983, Petitioner requested an administrative hearing to contest the denial of its petition to erect a sign on S.R. 580, 400 feet west of Eisenhower Boulevard in Hillsborough County. The sign is double- faced on one structure with the west-facing sign involved in Case 83-852T, and the east-facing sign involved in Case 83-853T.

At the hearing Petitioner called one witness and Respondent called one witness. There is no dispute regarding the facts here involved.

FINDINGS OF FACT

1. Petitioner acquired a lease on property along S.R. 580 in Hillsborough County for the purpose of erecting a outdoor advertising sign thereon. Petitioner obtained approval from Respondent to place this sign at a location slightly more than 500 feet from an existing sign on the same side of the road facing in the same direction.

   
   

2. Petitioner hired a small contractor to erect the sign without sending a representative to the site to ensure the sign was properly located.

   
   

3. The contractor erected the sign on the wrong side of a driveway into the property leased so the sign, instead of being more than 500 feet from an existing sign, is some 472-474 feet from this sign on the same side of the highway and facing in the same direction.

   
   

4. The cost of moving the sign to the correct location is estimated at

   $10,000.

   
   

5. This petition in effect seeks a waiver of the 500-foot spacing requirement.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

7. Section 479.02(1)(b), Florida Statutes, directs the Department of Transportation to regulate, subject to current federal regulations, the size, lighting, and spacing of signs along federal-aid primary highways.

   
   

8. Rule 14-10.06(1)(b)3, Florida Administrative Code, provides that on federal-aid primary highways no two structures shall be spaced less than five hundred feet (500') apart on the same side facing in the same direction.

   
   

9. This rule precludes the issuance of the permit here requested unless, for some reason, the rule is waived. Here, no evidence of a mistake on the part of anyone other than the Petitioner and his contractor was alleged or shown so no basis for estoppel exists. State Department of Revenue v. Anderson, 403 So.2d 397 (Fla. 1981). Rules of an agency properly promulgated and consistent with the statute authorizing such rules have the force and effect of law. Even if the department has the authority, as the promulgator of the rule, to waive the requirements of the rule, the Hearing Officer has no such authority and a recommendation to waive the rule because of the additional cost Petitioner's own mistake placed upon Petitioner is not warranted. Furthermore, neither recommendation to waive or not waive the requirement of the rule is binding upon Respondent.

   
   

10. From the foregoing it is concluded that the location of the sign proposed by Petitioner is within 500 feet of an existing sign on the same side of the highway facing in the same direction of Petitioner's proposed sign and, therefore, violates Rule 14-10.06(1)(b)3, Florida Administrative Code. It is

RECOMMENDED the application of Ridgewood Signs, Inc., to erect an east and west facing sign on S.R. 580, 400 feet west of Eisenhower Boulevard be DENIED.

ENTERED this 18th day of July, 1983, at Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Department of Administration

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of July, 1983.

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064

Edward L. Garrabrants, Esquire 10816 U.S. 19, Suite 110

Port Richey, Florida 33568

Patrick Galvin, Administrator Outdoor Advertising Department of Transportation

Haydon Burns Building, M.S. 22 Tallahassee, Florida 32301-8064

Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 83-000852

Orders for Case No: 83-000852