STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-2662T

)

RICHARD L. SCHNEIBLE and )

MARY JOAN SCHNEIBLE, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on June 11, 1985, in Deland, Florida.

APPEARANCES

FOR PETITIONER: Philip S. Bennett, Esquire

Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064

FOR RESPONDENT: Richard L. Schneible and

Mary Joan Schneible, In Pro Per. Post Office Box 727

Sharpes, Florida 32959 FINDINGS OF FACT

1. The Respondents, Richard L. Schneible and Mary Joan Schneible, own an outdoor advertising sign which is situated on Interstate 95, 1.26 miles north of State Road 528 in Brevard County, Florida. This sign faces southbound traffic, and it is not in any incorporated city or town.

   
   

2. This sign was owned previously by White Advertising Company which had a lease from the Respondents to put the sign on their land. At that time the White Company held a permit from the Department authorizing the erection and maintenance of this sign. When the lease expired, it was not renewed and the White Company abandoned the sign. The sign permit was not transferred to the Respondents. Instead, the White Company had its permit for this sign cancelled.

   
   

3. Subsequently, the Respondent put a copy on the sign which advertised something not owned by them. This placed them in the business of outdoor advertising, and required them to obtain a license to engage in the outdoor advertising business. The Respondents applied for and received an outdoor advertising license, but they did not obtain a permit for the subject sign. Their outdoor advertising license subsequently expired and was not renewed.

4. The area where the subject sign stands has been zoned GU, or for general use, by Brevard County. This is not a zoning classification which allows industrial or commercial activities, or outdoor advertising signs.

   
   

5. While the subject sign was permitted by the Department it stood as a non-conforming sign in spite of the lack of proper zoning classification. When the permit was cancelled, however, the sign lost its non-conforming status.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case. Section 120.57(1), Florida Statutes. The Department of Transportation has the authority to regulate outdoor advertising signs and to issue permits therefor pursuant to the provisions of Chapter 479, Florida Statutes.

   
   

7. Section 479.04(1), Florida Statutes, prohibits any person from engaging in the business of outdoor advertising or selling or leasing any outdoor advertising sign outside the corporate limits of a city or town without a license from the Department of Transportation.

   
   

8. Section 479.07(1), Florida Statutes, prohibits the operation, use or maintenance of an outdoor advertising sign or structure along any interstate highway without first obtaining a permit therefor from the Department of Transportation.

   
   

9. Section 479.11(1), Florida Statutes, prohibits the operation, use or maintenance of an outdoor advertising sign along the right-of-way of an interstate highway, except as allowed by Section 479.111, Florida Statutes. Subsection (2) of Section 479.111, Florida Statutes, allows signs in commercial or industrial zoned areas, or in unzoned areas which are within 800 feet from an existing business activity which is visible from the interstate highway, as provided in Section 14-10.09(2)1.B, Florida Administrative Code.

   
   

10. The sign which is the subject of this proceeding is located in a zoned area, but the zoning classification does not allow industrial or commercial activities, or outdoor advertising signs. The subject sign also does not have a permit issued therefor by the Department of Transportation, nor do the Respondents hold a license authorizing them to engage in the business of outdoor advertising. The subject sign, therefore, is in violation of the above statutes and rules, and must be removed.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the sign owned by the Respondents situated on Interstate

95, 1.26 miles north of State Road 528, in Brevard County, Florida, be removed.

THIS RECOMMENDED ORDER ENTERED this 1st day of July, 1985, in Tallahassee, Leon County, Florida.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 1st day of July, 1985.

COPIES FURNISHED:

Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064

Mr. Richard L. Schneible and Mrs. Mary Joan Schneible Post Office Box 727 Sharpes, Florida 32959

Hon. Paul A. Pappas Secretary

Department of Transportation Haydon Burns Building - Room 562 Tallahassee, Florida 32301

Docket for Case No: 84-002662

Orders for Case No: 84-002662