STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 87-1977T

)

FRANK KUNNEN, )

)

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 case on June 23, 1987, at St. Petersburg, Florida.

APPEARANCES

For Petitioner: Vernon L. Whittier, Jr., Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0458

For Respondent: Donald O. McFarland, Esquire

311 S. Missouri Avenue Clearwater, Florida 33516

By Notice of Alleged Violation dated April 13, 1987, Department of Transportation (DOT) Petitioner, alleges a sign owned by Frank Kunnen located on

1. 19, .72 miles north of SR 60 is in violation of Chapter 479, Florida Statutes, in not having a permit.

   
   

   At the hearing, only the district outdoor advertising inspector testified.

   The parties waived the right to submit proposed Recommended Orders.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent is the owner of a sign located alongside U.S. 19, .72 miles north of SR 60 in Pinellas County facing south bound traffic on U.S. 19.

      
      

   2. When inspected on April 13, 1987, this sign advertised a product not associated with the premises on which the sign is located. However, subsequent thereto the board on the sign has been changed to advertise office warehouses and is now an integral part of the activities taking place on the premises. As such, the sign qualifies as an on-premise sign.

      
      

      CONCLUSIONS OF LAW

      
      

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

   4. Section 479.16, Florida Statutes, provides that signs erected on the premises of an establishment which identify the principal activities of the establishment are exempt from the requirement a permit be obtained.

Respondent's sign advertising the activities occurring on the premises qualifies as an on premise sign and is so exempt. It is

RECOMMENDED that the Notice of Alleged violation dated April 13, 1987, be dismissed.

ENTERED this 30th day of June, 1987, in Tallahassee, Florida.

K. N. AYERS 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 30th day of June, 1987.

COPIES FURNISHED:

Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0458

Donald O. McFarland, Esquire

311 S. Missouri Avenue Clearwater, Florida 33516

Kaye N. Henderson, P.E., Secretary, Department of Transportation

605 Suwannee Street Haydon Burns Building

Tallahassee, Florida 32399-0450

Docket for Case No: 87-001977

Orders for Case No: 87-001977