Findings Of Fact Outdoor Advertising Art, Inc. is the owner of a 12 x 40 foot sign located on State Road 540 in Polk County. The records of the Department of Transportation show the last valid permit for this sign was issued in 1973. The Respondent forgot to renew the permit for 1974 due to clerical error of its staff although it received notice as required by statute from the Department of Transportation. On October 2, 1975, Outdoor Advertising Art, Inc. attempted to obtain a permit for this sign for the year 1974 and 1975, and tendered a check to Department of Transportation in the amount of $20. In doing so, the Respondent relied upon what it stated the policy of the Department had been regarding renewal of delinquent permits; however, it did not fail to renew in reliance on this policy but through its own oversight. The Department of Transportation denied the permit on the sign which did not conform to the existing rules and regulations adopted by the State of Florida as part of the federal highways beautification program. Testimony was received that delinquent applications have been allowed to be filed by the Department of Transportation, but not in District I of the Department of Transportation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, this Hearing Officer recommends that the sign be removed. DONE and ENTERED this 27th day of January, 1978, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: John J. Rimes, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire Post Office Box 539 Winter Park, Florida 32789
Findings Of Fact On June 19, 1991, the Petitioner, Lemuel L. Cole, filed a Petition for Administrative Hearing. The Petitioner challenged a proposed amendment to Rule 33-3.004, Florida Administrative Code. The Petitioner's challenge was instituted pursuant to Section 120.54, Florida Statutes. The notice of the proposed amendment to Rule 33-3.004, Florida Administrative Code, was published in the Florida Administrative Weekly, Volume 17, Number 21, page 2318, on May 24, 1991. The Petitioner's Petition challenging proposed amendment to Rule 33- 3.004, Florida Administrative Code, was filed twenty-six days after notice of the proposed amendment to the challenged rule was filed.
Findings Of Fact 11. The factual allegations in the Stop-Work Order and Order of Penalty Assessment issued on February 18, 2010, and the 2"! Amended Order of Penalty Assessment issued on August 5, 2011, which are fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case.
Conclusions THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer of the State of Florida, or his designee, having considered the record in this case, including the Stop- Work Order and Order of Penalty Assessment and the 2" Amended Order of Penalty Assessment served in Division of Workers’ Compensation Case No. 10-053-D4 and being otherwise fully advised in the premises, hereby finds that: 1. On February 18, 2010, the Department of Financial Services, Division of Workers’ Compensation (hereinafter “Department”) issued a Stop-Work Order and Order of Penalty Assessment in Division of Workers’ Compensation Case No. 10-053-D4 to McDonnell Painting, d/b/a Painting and Wallcovering by McDonnell (McDonnell). The Stop-Work Order and Order of Penalty Assessment included a Notice of rights wherein McDonnell was advised that any request for an administrative proceeding to challenge or contest the Stop-Work Order and Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Stop-Work Order and Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes. 2. On March 3, 2010, the Stop- Work Order and Order of Penalty Assessment was served via certified mail on McDonnell. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as “Exhibit A” and incorporated herein by reference. 3. On February 19, 2010, the Department issued an Amended Order of Penalty Assessment to McDonnell in Case No. 10-053-D4. The Amended Order of Penalty Assessment assessed a total penalty of $10,058.88 against McDonnell. The Amended Order of Penalty Assessment included a Notice of Rights wherein McDonnell was advised that any request for an administrative proceeding to challenge or contest the Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes. 4. The Amended Order of Penalty Assessment was served on McDonnell by certified mail on February 25, 2010. A copy of the Amended Order of Penalty Assessment is attached hereto as “Exhibit B” and incorporated herein by reference. 5. On March 15, 2010, McDonnell timely filed a Petition requesting a formal administrative hearing. The Petition failed to satisfy the requirements of Rule 28-106.2015(S), Florida Administrative Code, in that it did not contain a statement requesting an administrative hearing which identified those material facts in dispute, or in the alternative a statement that there were no disputed issues of material fact. As a result, on April 23, 2010, the Department issued an Order Dismissing Petition for Section 120.57(1), Florida Statutes, Hearing Without Prejudice, giving McDonnell 21 days to file a Petition that satisfied the requirements of Rule 28- 106.2015(5), Florida Administrative Code. 6. The Order Dismissing Petition for Section 120.57(1), Florida Statutes, Hearing Without Prejudice was served on McDonnell by certified mail on April 27, 2010. 7. On May 19, 2010, McDonnell timely filed an Amended Petition requesting an administrative hearing pursuant to Section 120.57(1), Florida Statutes. A copy of the Amended Petition is attached hereto as “Exhibit C” and incorporated herein by reference. The matter was referred to the Division of Administrative Hearings, where it was assigned Case No. 10-2788. 8. On January 10, 2011, the Department and McDonnell reached a negotiated settlement in which the Department agreed to issue a 2"! Amended Order of Penalty Assessment assessing a penalty in the amount of $2,379.00, and McDonnell agreed to pay the total penalty of $2,379 and to no longer contest the Stop- Work Order and Order of Penalty Assessment and gn Amended Order of Penalty Assessment. 9. On January 10, 2011, the Department filed a Notice of Settlement with the Division of Administrative Hearings, advising the Administrative Law Judge that the parties had resolved all issues pending in Case No. 10-2788. A copy of the Notice of Settlement is attached hereto as “Exhibit D.” 10. On January 10, 2011, Administrative Law Judge R. Bruce McKibben entered an Order Closing File, relinquishing jurisdiction to the Department. A copy of the Order Closing File is attached hereto as “Exhibit E.” 11. On August 5, 2011, the Department issued a 2"™ Amended Order of Penalty Assessment to McDonnell in Case No. 10-053-D4. The 2™ Amended Order of Penalty Assessment lowered the penalty assessed against McDonnell to $2,379.00 pursuant to the negotiated settlement. The 2"? Amended Order of Penalty was served on McDonnell by email on August 11,2011. A copy of the 2"! Amended Order of Penalty Assessment is attached hereto as “Exhibit F” and incorporated herein by reference.
Findings Of Fact The property on which the structure was located was acquired by the Department of Transportation (DOT) for roadway purposes. The project was part of a federal program for road improvement. The structure in controversy is an outdoor advertising sign owned by Patrick Media. Relocation benefits were offered by the DOT pursuant to the Federal Uniform Relocation Act. This sign was a legal nonconforming sign at the time of taking. Patrick Media had a leasehold interest in the site on which the sign was located. Patrick Media has removed the structure. The structure in question was comprised of two facings (V-shaped configuration), lights, service ladders and catwalks. It was built in 1978 and has been in continuous service since that time. The site is leased on a year to year renewable basis with either party able to terminate the lease at the expiration of the lease year. Contracts with advertisers involve multiple locations with price depending upon the number of motorists passing the sign per unit of time. Revenue received from face A (facing west) from August 15, 1990 to May 5, 1991 was $3739 (net) and from face B (east facing) from May 25, 1990 to May 25, 1991 was $2288 (net). As a nonconforming sign, the sign could not have been rebuilt if destroyed had the site not been acquired by DOT. Shortly after the introduction of Chapter 479 into the Laws of Florida and the possibility of requiring the nonconforming signs to be purchased by DOT for removal, DOT met with sign companies and developed a format for determining compensation to be paid for removing these nonconforming signs. A copy of the format completed for the sign in issue here was admitted as Exhibit 1. (Form 178-507 4/83) Additionally, Comparative Cost Multipliers (Exhibit 2) is used to determine the inflation caused adjustment to be applied to structures built in earlier years. Exhibit 1 computed the estimated value of the sign in issue at $11,674.53. However, this compensation did not include catwalks or time clock. The removed sign has negligible salvage value.
Recommendation It is recommended that the fair value of the sign in issue be recalculated to add the value of catwalks and time clock to the total before applying the multiplier and that a Final Order be entered finding that total so calculated to be the fair market value of Patrick Media's sign. DONE and ORDERED this 20 day of April, 1992, in Tallahassee, Florida. COPIES FURNISHED: Elizabeth G. Repaal, Esquire Post Office Box 1441 St. Petersburg, FL 33731 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458 ATTN: Eleanor Turner MS 58 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458 K. N. AYERS Hearing Officer Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of April, 1992.
Findings Of Fact The sign which is the subject of the DOT's Notice Number 10C KP 1996 093 is located alongside U. S. Highway 41 in Land O'Lakes, Pasco County, Florida. The sign advertises "Larry's Deli," and it is erected on a metal pole. At the location of the Petitioner's sign, U. S. Highway 41 is a federal-aid primary highway. At the location of the Petitioner's sign, the right-of-way of U. S. Highway 41 extends approximately 50 feet from the centerline of the roadway in the direction of the Petitioner's sign. The sign is approximately five feet within the right-of-way. The Petitioner's sign was not removed within ten days of the DOT's Notice Number 10C KP 1996 093.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a final order: (1) finding the Petitioner's sign in violation of Section 479.105, Fla. Stat. (1995); and (2) fining the Petitioner $75, plus the DOT's cost of removing the sign. RECOMMENDED this 28th day of October, 1996, at Tallahassee, Florida. J. LAWRENCE JOHNSTON, Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 28th day of October, 1996. COPIES FURNISHED: Lawrence R. Castro Larry's Deli Post Office Box 955 Land O'Lakes, Florida 34649 Andrea V. Smart Assistant General Counsel Department of Transportation 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399-0458 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450
Findings Of Fact Question numbered 13 of Respondent's application for licensure form roads as follows: "Have you ever been arrested[?] If yes, list any and all arrests and dispositions. This may or may not be grounds for denial. Attach separate sheets, if additional space is required." Petitioner did not answer this question. Petitioner was arrested in 1962 on a charge of "Peeping Tom - Window." In 1978, he was arrested for carrying a concealed firearm and for firing a firearm into an occupied dwelling. Adjudication was withheld on the 1978 charges, and Petitioner was Placed on three years probation. On April 21, 1980, Petitioner's probation was changed to non-reporting status, and his probationary period is scheduled to terminate on June 26, 1981. Petitioner's application for licensure was filed with the Respondent on June 12, 1980, and his application was denied on July 29, 1980.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED THAT: A final order be entered approving Petitioner's application for licensure as an unarmed security guard. RECOMMENDED this 7th day of January, 1981, in Tallahassee, Florida. LINDA M. RIGOT Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of January, 1981. COPIES FURNISHED: Mr. Sergio Torrente 219 South West Seventh Avenue, Apt. 2 Miami, Florida 33130 W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301
