Findings Of Fact On or about April 14, 1977, Henderson Signs filed applications for four permits to erect two outdoor advertising signs in Jackson County, Florida, on the south side of Interstate 10, one approximately 1.5 miles and the other approximately 1.7 miles west of U.S. 231. These applications were field inspected by the Department's outdoor advertising inspector, they were approved on or about May 16, 1977, and the Department issued permits numbered 9248-10, 9249-10, 9250-10 and 9251-10 for the requested locations to Henderson Signs. On or about January 4, 1984, permit number 9248-10 was reported lost, and the Department issued replacement tag number AL082-10. Subsequent to the issuance of these permits, Henderson Signs transferred all of its interest in the subject permits to the Respondent, Tri- State Systems, Inc. When Henderson Signs submitted the applications for the subject permits it designated thereon that the proposed locations were within 800 feet of a business known as Dilmore's Packing Plant. These applications also certified that the signs to be erected would meet all of the requirements of Chapter 479, Florida Statutes. Dilmore's packing Plant processes meat for sale at both retail and at wholesale. It is located approximately 660 feet back off I-10, but the building can be seen from the interstate. The automobiles of three to five employees who work there can also be seen from I-10. However, from the photograph that was received in evidence the area appears to be rural or agricultural in nature, and not commercial. Unless the existence of Dilmore's Packing Plant was known, it could not be identified as a business from the interstate. There is an on- premise sign for the Dilmore Plant, but the words on this sign cannot be read from I-10. In summary, as viewed from the main-traveled way of the interstate there is nothing about the area or the Dilmore building to indicate that any commercial activity is being conducted at this location. Jackson County is presently unzoned, and it was not zoned in 1977 when the subject permits were approved. The area in question is essentially the same now as it was in 1977, as is the site where the Dilmore Plant is located. During 1984 the sites were inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because there was no visible commercial activity within 800 feet of the permit locations. In October of 1984, the Department issued Notices of Violation advising the Respondent that the subject permits were being revoked because they were not for locations in a zoned or unzoned commercial area. Prior to the transfer of the permits from Henderson Signs to the Respondent, representatives of the Respondent testified that they inquired at the Department's district office in Chipley whether the permits to be purchased from Henderson Signs were valid permits. They further testified that they received assurance from the Chipley district office that these permits were legal permits. This testimony, however, is totally self-serving without some form of corroboration, and is thus not of sufficient quality to support a finding of fact.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AL082-10, 9249-10, 9250-10 and 9251-10 held by the Respondent, Tri-State Systems, Inc., authorizing signs on the south side of 1-10, approximately 1.5 and 1.7 miles west of U.S. 231 in Jackson County, Florida be revoked and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 8th day of October, 1985 in Tallahassee, Leon County. 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 8th day of October, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire P. O. Box 2151 Orlando, Florida 32802-2151 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact The Respondent, E. A. Hancock Advertising, Inc., erected two double face outdoor advertising signs in June, 1975, in an unincorporated part of Broward County, Florida, without first obtaining a permit from the Petitioner, Florida Department of Transportation. Two of the signs face north and two signs face south. Each sign structure has two faces. After erection the Respondents applied for permits but permits were refused by Petitioner and violation notices dated October 22, 1975, were sent to Respondents indicating that Respondent was in violation of the outdoor advertising laws by erecting signs without permits and erecting "two separate signs erected illegally (which] can be seen from 1-95." After much correspondence between the parties, the matter was set-for hearing November 9, 1976, was thereafter continued and finally heard on July 12, 1977, more than two years after the erection of the signs. The signs were constructed on a county secondary road known as Ravenwood Road, Fort Lauderdale, Florida, and more definitely located as "south from 3497 Ravenwood Road. The road is one lane in each direction and is the type of road usually known as a service road. The billboard signs are elevated to a height of approximately 25 feet from the ground to the top of the sign and sit back about 15 feet from the secondary road. Although the signs can easily be read by travelers on Ravenwood Road, signs designed primarily to serve this two lane road would as a practical matter have been much smaller and much closer to the ground and the message would have had smaller letters. The signs are a "visual overkill" for travelers on Ravenwood Road. See "Petitioner's Composite Exhibit 1" and the Polaroid pictures taken from Ravenwood Road. The signs are elevated to less than 25 feet above 1-95. One sign is about 190 feet from the south lane of the interstate highway and the other about 191 feet from the south lane of the highway. Both signs are on the west side of the interstate highway. The two sign structures are approximately 300 feet apart. One sign is approximately 500 feet from an existing sign and the other is approximately 850 feet from an existing sign. The large size lettering on the large signs are clearly visible to the motoring public on interstate highway 1-95. Three of the four signs are visible and can easily be read by motorists going either north or south on the interstate highway. Evidence is unclear as to whether one side of one of the double space signs is clearly visible from the interstate highway. Copy on the signs is changed from time to time, but at the time the pictures entered into evidence were taken from the interstate highway, copy read, "WHITEHALL PRESTIGE LIQUORS A GREAT VODKA" and "HOLSUM Baked just right for you." The advertising is large and can be read in the Polaroid snapshots that were taken by Petitioner while on the interstate highway and entered in the record as "Petitioner's Composite Exhibit 1." Application for sign permits was made June 16, 1975 to the Broward County Planning, Building and Zoning Department. Permits were issued by the county and were affixed to the signs. The Hearing Officer further finds: The subject signs were constructed primarily to be read by the public traveling on the interstate highway. The size of the signs, the size of the lettering, the elevation of the signs and the angle of the signs provide insurance that messages can be easily read by those traveling on the interstate. The traffic on the interstate is much heavier than traffic on Ravenwood Road. The Petitioner contends that the Respondent is in violation of outdoor advertising laws: No permit was applied for or granted before the outdoor advertising signs were constructed by Respondent. The signs were constructed primarily to be read by the public traveling on 1-95, an interstate highway. The setback of tho Respondent's signs is less than 660 feet from the interstate highway. The signs should be removed as violating the state statutes as well as the federal code laws, rules and regulations contained in the "Highway Beautification Act." Broward County has not submitted to the administrator of the state evidence that it has established effective control with regard to size, spacing, height and lighting requirements contrary to the agreement of the Governor authorized by Section 479.02. Broward County does not enforce any outdoor advertising requirements even if it could be shown the zoning was in compliance with Title 1 of the Highway Beautification Act of 1965 and Title 23, U.S. Code as required by Section 479.02 and the agreement executed pursuant thereto. Respondent contends that: It secured permits from Broward County and attached them to the subject signs. Broward County had zoned the area M-3 and that it is a commercial zone. The signs were erected primarily to be read by the public traveling on Ravenwood Road. There are no spacing requirements of a thousand feet between advertising signs under the Florida law and that even if there were they had not been formerly charged with violating spacing requirements. Public Law 89-285, passed by the 89th Congress of the United States on October 22, 1965, allowed the states and the federal government to agree to set-back for signs nearer than 660 feet of the nearest edge of the right of way in areas zomed industrial or commercial. The agreement between the Governor and the federal government made provisions for local governments to regulate size, lighting and spacing requirements. That in fact the ratification of the Governor's Agreenent under Section 479.02 is not the enactment of a law. The Petitioner has in fact issued permits to others after signs have been constructed and should issue a permit for subject signs to Respondent. At the subject hearing the attorneys for both parties indicated that they desired to submit a Memorandum of Law but neither party submitted a memorandum.
Recommendation Require the Respondent to remove its signs within thirty (30) days from the date of the Final Order. Invoke the penalties of Section 479.18 for violation of Chapter 479. The Department of Transportation has ample enforcement power to remove the signs under Section 479.02 aside from the agreement: Brazil v. Division of Administration, 347 So.2d 755. See also Section 335.13 which states in part: "(1) No person shall erect any billboard or advertisement adjacent to the right-of-way of the state highway system, outside the corporate limits of any city or town, except as provided for in chapter 479." DONE and ORDERED this 5th day of October, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Robert D. Korner, Esquire 4790 Tamiami Trail W. 8th Street Coral Gables, Florida 33134
The Issue Whether the signs of Respondent, Cannon Motel, should be removed for violation of Chapter 499, Florida Statutes, improper setback and no permit to erect the signs.
Findings Of Fact Cannon Motels, Inc. was served with a violation notice on October 18, 1976. The alleged violation was that the Cannon Motel signs were in violation of the state statute inasmuch as they had been erected without first obtaining a permit from the Petitioner, Department of Transportation, and they violate the setback requirements of Chapter 479. Petitioner, by certified letter dated November 11, 1976, requested an administrative hearing. Respondent moved to continue the hearing on the grounds of improper venue, lack of jurisdiction and failure by Petitioner to follow the technical rules. The motion was denied for the reason that the venue was proper being in the district in which a permit for an outdoor advertising sign must be obtained; the Hearing Officer has jurisdiction under Chapter 120, Florida Statutes, and the parties were fully advised of the issue to be heard. The subject signs each read "Cannon Motel." One is located one-half mile west of State Road 85 facing Interstate 10 and the other is located 1.3 riles east of State Road 85 facing Interstate 10. The sign east of State Road 85 is 30 by 12 and is approximately 18 feet from the nearest edge of the right of way. The sign that is west of State Read 85 is approximately 38 feet from the nearest edge of the right of way. Both signs were erected within 660 feet of the federal aid primary road without applying for or securing a permit from the Florida Department of Transportation. At some time prior to the hearing but after the erection of the signs, the area in which the sign located west of State Road 85 was erected was annexed by Crescent City, Florida. That area in which the signs are located is unzoned by the city and zoned agriculture by Okaloosa County.
Recommendation Remove the subject signs within ten (10) days of the filing of the Final Order. DONE and ORDERED this 31st day of October, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James E. Moore, Esquire Moore and Anchors Post Office Box 746 Niceville, Florida 32578
Findings Of Fact Violation notices for two signs owned by Petitioner were issued and were the subject of this hearing. Subsequent to the taking of the testimony but prior to the close of the record, the Respondent, Florida Department of Transportation, withdrew its complaint against Petitioner, Peterson Outdoor Advertising, on one of the signs, to wit: Board No. 92 located 4.4 miles north of State Road 404, Highway A1A, n/b with copy "Bank Services" for which a violation notice was issued the 14th day of March, 1977. The violation notice issued against Peterson Outdoor Advertising Corporation on Board No. 3297 located at 1.07 miles south of State Road 520 on Highway 1-95, M.P. 37.10 with copy "Seaworld" is the subject of this hearing. The violation notice cited Petitioner for violation of Section 479.07(1), no permit. Petitioner had a sign located in the approximate location of the sign now cited in violation. The sign was badly damaged by what was apparently an act of God, a windstorm. Most of the sign was destroyed as shown by Petitioner's Exhibit 1, a photograph taken in January of 1977. The sign had been constructed with six inch by eight inch beans and a plywood face. The height of the sign was approximately six feet. There were Peterson identifiers on part of the structure that was left standing. A new structure was erected at the approximate same location. Round poles for the supporting structure were erected. The new sign of new materials was built and the elevation of the new sign is approximately twenty feet in height. The State's Exhibits 2 and 3, photos taken on February 4, 1977, show the new structure, Exhibit 2 showing new round poles and the State's Exhibit 3 showing a sign approximately twenty feet in height advertising "Florida's Best Entertainment Value SEAWORLD. On 4 Between Orlando & Walt Disney World" as copy. The State's Exhibit 1 shows the remains of the old sign in the approximate location. The new sign, which is the sign of this hearing, carries the same permit nunber that the prior destroyed sign carried on one of the posts of the structure. The Respondent, Department of Transportation, contends: that no permit was applied for or obtained for the subject sign; that the old sign in the approximate same location was destroyed by an act of God and a new sign was rebuilt in the approximate location without a permit; that the old sign was erected with square poles and to a height of about six feet whereas the new sign was erected with round poles and with a height of approximately 20 feet; that the permit displayed on the new sign is the permit that had been issued to the old destroyed sign and when the sign was blown down the permit expired and should not have been placed on the new sign by the Petitioner, Peterson Outdoor Advertising. Petitioner, Peterson Outdoor Advertising, contends: that no one saw the old sign fall and it is a mere conclusion that it blew down; that it has a permit on it. The Proposed Recommended Order of Petitioner has been considered in the preparation of this Order.
Recommendation Remove the sign, Board No. 32-97. DONE and ORDERED this day of July, 19'77, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 503 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of July, 1977. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire 115 East Morse Boulevard Post Office Box 539 Winter Park, Florida 32790
Findings Of Fact On May 8, 1979, a representative of DOT observed a sign located on State Road 13, 1.8 miles north of the Duval-St. Johns line in Duval County, Florida. State Road 13 is a federal aid primary highway. The sign in question bore the following advertising copy: "Quail Ridge, New Homes, straight ahead to St. Augustine Rd., Right to Caron Dr." At the time the sign was initially observed it was constructed of new lumber, with fresh dirt around the holes in which the standards were placed which supported the sign. The sign was located within the corporate limits of tie City of Jacksonville, Florida, in an area which is zoned "Commercial Intensive". At the time the sign was initially inspected on May 8, 1979, no permit tag was affixed. In addition, the sign was located within two feet of another larger sign which had been properly permitted, was on the same side of the highway, and faced the same direction. The DOT representative, upon inspection of the sign, contacted Joseph Pepe, the President of Respondent to discuss the sign in question. Mr. Pepe admitted that his company owned and erected the sign with its own work crew. The sign was again inspected one day prior to the final hearing in this cause, and was still located in the same position and had no permit tag affixed to the structure.
The Issue Whether the sign is in violation of 479.07 and 479.01 Florida Statutes for the reason that it has no permit tag attached thereto and has been enlarged.
Findings Of Fact A violation notice was issued to A. W. Lee, Respondent, on June 29, 1977, alleging that a sign owned by Respondent located at 12.85 miles north U.S. 441-Ellisville, Florida Highway I-75 with copy "Jiffy Junction" was in violation of 479.07 and 479.01 Florida Statutes and Rule 14-10.05(m) Florida Administrative Code. A request for administrative hearing was made by the Respondent and thereafter the Petitioner, Department of Transportation, requested the Division of Administrative Hearings to hold an administrative hearing. A sign in the same location as subject sign was tagged in 1971, 1972, 1973 and 1974 for an 8 x 12 sign. The permit was issued to Harvey Campbell. The sign was approximately 15 feet back from the right of way of I-75. A fee of $2.00 was paid for the permit. Prior to June of 1977 ownership was transferred from Harvey Campbell to the Respondent, A. W. Lee. The Respondent filed an application for a permit on June 20, 1977, for a sign 14 X 12 indicating a fee of $2.00 A sign at the location was existing, had no permit and measured 8 x 20. The sign as it stands at date of hearing is a sign 8 x 20, it advertises "Burger King this exit, turn right 300 feet right." It has no permit. The Hearing Officer further finds a sign that had been repermitted through 1977 was a sign 8 x 10 and the permit was issued to Harvey Campbell. The sign that stands there in the approximate location is a sign 8 x 20 and has additional poles to hold the panels. It has no permit. The sign is located on property owned by A. L. Lee, the Respondent, and the smaller original sign was transferred by Mr. Campbell to Respondent prior to April, 1976.
Recommendation Remove the subject sign. DONE and ENTERED this 3rd day of March, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1978. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James J. Richardson, Esquire Post Office Drawer 1857 Tallahassee, Florida 32302 =================================================================
Findings Of Fact In mid-1983 National had a properly permitted outdoor advertising structure bearing tag numbers AD-016-10 (south-facing sign) and AD-018-10 (north-facing sign) on the east side of U.S. 27 on leased property in Highlands County. In the latter part of 1983 this property was purchased by Young. On September 15, 1983, Young notified National that he was the owner of the property on which this sign was located and requested National to remove the sign. On September 16, 1983, Young applied for a permit to erect an outdoor advertising sign at this location. Young's application was disapproved by DOT on November 7, 1983, because DOT's records showed this to be a site occupied by a permitted sign (Exhibit 3). On or about October 26, 1983, after having received no response from National to his request for National to remove the sign, Young cut down the sign by sawing its supporting posts. On November 28, 1983, Young requested a hearing on the denial by DOT of his application for a permit for a sign at this site. On November 3, 1983, National obtained a lease (Exhibit 2) on property abutting Young's property and, on or about November 4, 1983, erected a sign on this property using the same faces from the fallen sign and attached the tags issued for its original sign. National's original lease dated 10/13/80 (Exhibit 1) with John Larino provided that either party could terminate the agreement on thirty days' notice. When Young purchased the property from Larino, he complied with the lease provisions regarding termination of the lease, including rebating the rent for the unused portion of the lease. Young erected a sign on this property on November 6, 1983, before his application had been denied and two days after National had re-erected its sign. Young obtained a county building permit on September 16, 1983, for the sign he subsequently erected. National has not applied for permit for the structure erected on the land leased from Boyd but attached permit tags AD-016-10 and AD-018-10 to the sign. The juxtaposition of the signs is as follows: proceeding north on U.S. 27, the first sign is owned by Young, next is the site of the former National sign, and then National's new sign. All of these locations are on the east side of U.S. 27, are less than 1,000 feet from a permitted sign to the south, are more than 500 feet from the sign, and all are within 180 feet of each other. When an applicant applies for a permit for a new sign, the site is inspected by a member of the Outdoor Advertising staff in the DOT district where the sign is to be located in company with the application, or the site is staked out by the applicant and viewed by a staff member. This inspection is to ascertain that the proposed sign will be located the required minimum distance from an existing sign and the proper distance from the roadway from which the sign will primarily be observed. DOT'S policy is that any relocation of the sign from the authorized location constitutes a new sign and requires the submission of a new application and approval therefor. The approved application for National's original sign was on U.S. 27 2.9 miles north of "Junction 17-Sebring." This location is on the property now owned by Young.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that respondent, Department of Transportation, enter a final order denying the application of petitioner, Lamar Advertising Company, for a sign permit. RECOMMENDED this 21st day of March, 1985, at Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 21st day of March, 1985.
The Issue Whether the Petitioner's outdoor advertising sign located at 1.106 miles south of State Road 50, on State Road 91, is an illegally erected sign pursuant to the Notice of Violation No. 10B-DM-1997-125-NF. Whether Petitioner's outdoor advertising structure is eligible for a permit pursuant to Chapter 479, Florida Statutes.
Findings Of Fact On June 26, 1997, Respondent's Inspector issued Notice of Violation No. 10B-DM-1997-125-NF for an outdoor advertising sign located 1.106 miles south of State Road 50, on State Road 91, in Orange County, Florida. The subject sign is located within 660 feet of the right-of-way of State Road 91, outside any city limits. On June 26, 1997, the above-referenced sign did not have a current valid permit. On June 26, 1997, the above-referenced sign was not an on-premises sign. Charles Tucker is the owner of the subject sign and the property on which it is located. Charles Tucker has never had a valid State Outdoor Advertising Permit for the subject sign. Charles Tucker has not applied for a permit under Section 479.105, Florida Statutes. Sometime in the late 1960's, Winter Garden Inn constructed the subject sign on property owned by Charles Tucker. The Inn received permits for said sign from Respondent for each year until 1973, and displayed advertising signage thereon. Charles Tucker has owned the subject sign since 1974. In 1981, Tucker leased advertising copy on the sign to the R.C. Dunn Oil Company. In 1983, Charles Tucker painted out the advertising copy, after it had remained on the subject sign for two years (from April 1981 through April 1983). However, the advertising copy remained visible for several years thereafter. On May 19, 1997, Charles Tucker entered into Lease Agreement with Petitioner, for the purpose of maintaining and operating the sign. Respondent agreed to be agent of record for all matters relating to the sign and signage. Petitioner has not properly completed an application for a permit under Section 479.105, Florida Statutes. There has been a seven-year period of time during which the subject sign displayed advertising copy. No structural changes have been undertaken on the subject sign since it was constructed.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Secretary enter a final order which finds that the Respondent properly issued the Notice of Violation, but that Petitioner, Universal Outdoor, Inc., is entitled to a State Outdoor Advertising Permit, under the provisions of Section 479.105(1)(e), Florida Statutes. Upon proper application in accordance with this chapter within a reasonable period of time, payment of a penalty fee of $300.00 and all pertinent fees required by this chapter, including annual permit renewal fees payable from 1974 to the present, a permit should be issued. DONE AND ORDERED this 6th day of March, 1998, at Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 6th day of March, 1998. COPIES FURNISHED: Kelly A. Bennett Assistant General Counsel Department of Transportation 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399 Mark Gamble Real Estate Representative Universal Outdoor, Inc. 5333 Old Winter Garden Road Orlando, Florida 32811 Thomas F. Barry, Secretary Attention: Diedre Grubbs 605 Suwannee Street Haydon Burns Building Tallahassee, Florida 32399-0450 Pamela Leslie, General Counsel 605 Suwannee Street Haydon Burns Building Tallahassee, Florida 32399-0450
Findings Of Fact A notice was sent to the Respondent on the 11th day of May, 1977, alleging violation of Section 479.07(1), 479.11(1), Florida Statutes, for the reason that the sign owned by the Respondent had no permit attached thereto and was located within 15 feet of the right of way of the secondary road. Respondent's sign is painted on a guard rail which had been erected in front of the residence which stood at the east/west end of the intersection or "T" of State Road 707 and State Road 707A. The copy on the sign which was in two parts read: "Indian River Beverage Deli Take-out Catering" and a telephone number "333-5600--1 1/2 miles South" with an arrow indicating a southerly direction. The immediate area of the residence protected by the guard rail includes a parking lot and a trailer park. The sign advertises the business of the Respondent located 1 1/2 miles from the zone. The sign is approximately 6 feet from the edge of the pavement of the secondary road. No permit was applied for or secured before the sign was painted on the guard rail. Petitioner contends that the sign must be removed inasmuch as it sits less than 15 feet from the edge of the paved secondary road and that no permit was applied for or secured. Respondent contends that he assumed that the owner of the guard rail had gotten a permit to erect the guard rail and that the guard rail was erected to protect the house inasmuch as the house had been invaded by traveling automobiles seven times in seven years. He further contended that the sign was all dirty and rusty, and he made an agreement with the owner of the property to paint the sign and that it was sandblasted, cleaned up and painted in white and made traveling on the state road safer as well as advertising his establishment.
Recommendation Remove the sign unless it has been removed within five (5) days after final order is issued. DONE and ENTERED this 19th day of December, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Martin K. Hawthorne Indian River Beverage, Inc. 2222 Indian River Drive Jensen Beach, Florida 33457
