STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-4403T

)

RUPERT N. CAVINESS, d/b/a )

CAVINESS MOTOR COMPANY, )

)

Respondent. )

)

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 April 9, 1985, in Ocala, Florida.

APPEARANCES

FOR PETITIONER: Philip S. Bennett, Esquire

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

FOR RESPONDENT: Mr. R.S. Williams

Vice President Caviness Motor Company Post Office Box 668 Ocala, Florida 32670

Testified for the Respondent FINDINGS OF FACT

1. The Respondent, Caviness Motor Company, owns an outdoor advertising sign which is situated on U.S. 441, .2 mile south of U.S. 27, in Marion County, Florida, inside the city limits of Ocala. This sign is a concrete structure with two faces, one southfacing and one northfacing. It bears the logo "Caviness Motor Co. Buick Sales and Service."

   
   

2. U.S. 441 is a federal-aid primary highway, and it is open to traffic.

   
   

3. The subject sign is visible from the main traveled way of U.S. 441.

   
   

4. The subject sign is situated 150 feet away from a sign which is permitted to Peterson Outdoor Advertising on the north, and is situated 475 feet from a sign permitted to Moody Outdoor Advertising on the south. These signs are all on the same side of U.S. 441.

5. The subject sign does not have a permit issued by the Department of Transportation.

   
   

6. The subject sign has never been an "on premise" sign. Until September of 1983, it was located eight blocks away from the Respondent's place of business. Thereafter, the Respondent's business was moved, and this sign is now approximately two miles away from the business premises.

   
   

   CONCLUSIONS OF LAW

   
   

7. 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 there for pursuant to the provisions of Chapter 479, Florida Statutes.

   
   

8. Section 479.07(1), Florida Statutes, prohibits the erection, use or maintenance of an outdoor advertising structure along any federal-aid primary highway without first obtaining a permit therefor from the Department of Transportation. This applies inside city limits as well.

   
   

9. Section 479.07(9)(a)2, Florida Statutes, prohibits the permitting of an outdoor advertising sign within 1,000 feet from any other permitted sign on the same side of the highway, if the location is on a federal-aid primary highway.

   
   

10. The Respondent's sign which is the subject of this proceeding does not have a permit issued there for by the Department of Transportation. This sign also is located within 1,000 feet from a permitted sign to the north and to the south, on a federal-aid primary highway. It is, therefore, in violation of the above statutes, and must be removed.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is:

RECOMMENDED that the Respondent's sign situated on U.S. 441, .2 mile south of U.S. 27, in Marion County, Florida, be removed.

THIS RECOMMENDED ORDERED entered this 16th day of April, 1985.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 16th day of April, 1985.

COPIES FURNISHED:

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

Mr. R.S. Williams Vice President

Caviness Motor Company

P.O. Box 668

Ocala, Florida 32670

Hon. Paul A. Pappas Secretary

Department of Transportation Haydon Burns Bldg., Room 562 Tallahassee, Florida 32301

Docket for Case No: 84-004403

Orders for Case No: 84-004403