The Issue Whether the Respondent is in violation of Section 479.07(1), F.S., and Section 479.07(4), F.S., which require an application for a permit to be made and granted and the fees paid each year. Whether a sign which has been standing without a current permit is eligible for a current permit upon payment of the delinquent fees.
Findings Of Fact The following described signs owned by Respondent had no current permit tags: Highway: US 17 Location: .91 miles south of Section 118S(207) Copy: Whispering Pines Highway: US 17 Location: .1 miles north 207 (Section 118S) Copy: Whispering Pines Highway: US 17 Location: South C/L Satsuma (Section 118S) Copy: Whispering Pines The parties stipulated that the subject signs were owned and erected by the Respondent and that there was no application for or fees paid under the requirements of Chapter 479, Florida Statutes, insofar as paying fees and obtaining current permits.
The Issue The issue in this case is whether the Department of Transportation's Notice of Intent to Revoke Sign Permit should be upheld pursuant to Section 479.04, Florida Statutes (2006).1
Findings Of Fact Lamar is a company which owns and maintains road-side signs, signboards or billboards within the State of Florida. One such billboard (referred to hereinafter as the "Sign") is located on U.S. Highway 41 approximately three-tenths of a mile north of Tuckers Boulevard in Charlotte County. The Sign was given Permit Number 5202 by DOT. This Sign is a nonconforming sign, meaning that it was lawfully erected but does not comply with state or local laws enacted after it was built. DOT conducted a statewide inventory of signs in 1998 and established a database for use in monitoring nonconforming signs in the future. The database includes the type of sign; its date and method of construction; the height, including the Height Above Ground Level (HAGL); its location; whether the sign is lighted or not; and other identifying information about the sign. The inventory of signs is updated at least every two years, but generally is done on an annual basis. On August 13, 2004, during Hurricane Charley, the Sign sustained damage, which required certain repairs. Repairs of nonconforming signs is allowed, but signs are not supposed to be structurally changed during the repair. Petitioner undertook a repair of the Sign. During the course of the repairs, the Sign underwent two changes. One, the HAGL of the sign went from two feet to approximately five feet. HAGL is the distance from the ground to the bottom of the lowest sign face. Two, the Sign was repaired using four support poles instead of the three poles it had when it became nonconforming. Based upon information contained in its database, DOT concluded that the repairs resulted in unauthorized structural changes. DOT issued a Notice of Intent to Revoke Sign Permit (the "Notice") on March 21, 2006. The Notice alleged the Sign had been structurally altered and was no longer the same as when it had become nonconforming. The Notice cited Florida Administrative Code Rule 14-10.007(2)(a) as the basis for the intent to revoke. That Rule relates to modifications of a sign "such as conversion of a back-to-back sign to V type, or conversion of a wooden sign structure to a metal structure . . .". The Notice included a statement that revocation of the sign permit would become final in 30 days, unless Lamar either: (1) provided information to DOT sufficient to resolve the issue or (2) requested an administrative hearing. Lamar availed itself of the second option and, timely, filed a Petition for Formal Administrative Hearing. The DOT Notice did not specify exactly which changes to the Sign constituted a violation of Department rules. It merely cited to Florida Administrative Code Rule 14-10.007(2)(a). During the discovery phase of this action, Lamar ascertained that the violations were: (1) the HAGL had been raised from two feet to over five feet; and (2) there were four support posts instead of the original three. This information was discovered by Lamar as a result of interrogatory responses from DOT. The interrogatories had been propounded on September 22, 2006, but were not answered until December 13, 2006, some 82 days later. Upon determining the exact nature of the violation, Lamar undertook to have the repairs corrected so that the Sign was set at the correct HAGL of two feet and one support post was removed. The correcting construction work was accomplished within seven days of discovering the nature of DOT's complaint. As of the date of the final hearing, the Sign had been returned to its condition as of the date it became nonconforming.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Transportation withdrawing its Notice of Intent to Revoke Sign Permit. DONE AND ENTERED this 20th day of February, 2007, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of February, 2007.
Conclusions WHEREFORE, it is ORDERED and ADJUDGED, that the protests are dismissed with prejudice. DONE AND ORDERED this |2__ day of May _, 2010, in Tallahassee, Florida. Fr J> . BR 7 . yamjssioner of Education | COPIES FURNISHED TO: | Christopher McRae Robert Hosay | 2612 Centennial Place 100 E. College Ave., Suite 900 | Tallahassee, FL 32308 Tallahassee, FL 32301 | Clerk William F. Quattlebaum | Division of Administrative Hearings Administrative Law Judge | The DeSoto Building Division of Administrative Hearings | 1230 Apalachee Parkway The DeSoto Building | Tallahassee, FL 32399 1230 Apalachee Parkway Tallahassee, FL 32399-3060
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by F. Scott Boyd, an Administrative Law Judge of the Division of Administrative Hearings, and the Petitioner’s Withdrawal of Protest and Consent to Entry of Final Order Dismissing Protest, copies of which are attached and incorporated by reference in this order. Accordingly, it is hereby ORDERED that this case is DISMISSED. DONE AND ORDERED this AG Way of March, 2014, CDE County, Florida. Filed in the official records of the Division of Julie Baker, Chief Motorist Services this_ OV Wye day of March, Bureau of Issuance Oversight 2014. Division of Motorist Services Department of Highway Safety and Motor Vehicles ~. Un (a nan say: Molin: Urnaye Neil Kirkman Building, Room A338 Nalini Vinayak, Dealer License Administrator Tallahassee, Florida 32399 Filed March 27, 2014 12:21 PM Division of Administrative Hearings NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. Copies furnished: Nicholas A. Bader, Esquire Bass Sox Mercer 2822 Remington Green Circle Tallahassee, Florida 32308 nbader@dealerlawyer.com Dean Bunch, Esquire Nelson Mullins Riley & Scarborough LLP 3600 Maclay Boulevard South Tallahassee, Florida 32312-1267 Dean.bunch@nelsonmullins.com F. Scott Boyd Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PROCTOR MOTOR COMPANY, INC., d/b/a PROCTOR HONDA, Petitioner, vs. Case No. 13-4659 AMERICAN HONDA MOTOR CO., INC., Respondent. ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause having come before the undersigned on Petitioner’s Withdrawal of Protest and Consent to Entry of Final Order Dismissing Protest filed on March 10, 2014, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing scheduled for April 16 through 18, 2014, is canceled. 2. The file of the Division of Administrative Hearings is closed. Jurisdiction is relinquished to the Florida Department of Highway Safety and Motor Vehicles. Cm DONE AND ORDERED this 12th day of March, 2014, in Tallahassee, Leon County, Florida. A Lect Boyd F. SCOTT BOYD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of March, 2014. COPIES FURNISHED: Jennifer Clark, Agency Clerk Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A430 2900 Apalachee Parkway, MS 61 Tallahassee, Florida 32399 (eServed) Richard N. Sox, Esquire Bass Sox Mercer, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 (eServed) David Adair American Honda Motor Co., Inc. 1919 Torrance Boulevard Torrance, California 90501 Dean Bunch, Esquire Nelson, Mullins, Riley, and Scarborough LLP 3600 Maclay Boulevard, South, Suite 202 Tallahassee, Florida 32312 (eServed) STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS Proctor Motor Company, Inc., d/b/a Proctor Honda Petitioner, vs. DOAH Case No. 13-4659 American Honda Motor Co., Inc., Respondent. / WITHDRAWAL OF PROTEST AND CONSENT TO ENTRY OF FINAL ORDER DISMISSING PROTEST Proctor Motor Company, Inc., d/b/a Proctor Honda, by and through its undersigned attorneys, hereby voluntarily withdraws its protest in the above referenced Case No. 13-4659 and consents to the entry of a final order of dismissal with prejudice by the Department of Highway Safety and Motor Vehicles, with each party to bear its own attorneys fees and costs. DATED this 10th day of March 2014. /s/ Nicholas A. Bader RICHARD N. SOX, FL Bar No. 982156 tsox@dealerlawyer.com NICHOLAS A. BADER, FL Bar No. 55351 nbader@dealerlawyer.com BASS SOX MERCER 2822 Remington Green Circle Tallahassee, FL 32308 Phone: (850) 878-6404 Facsimile: (850) 942-4869 Attorneys for Petitioner Proctor Motor Company, Inc. d/b/a Proctor Honda CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished by e- mail on March 10, 2014, to the following: Dean Bunch Nelson Mullins Riley & Scarborough LLP 3600 Maclay Blvd. South Tallahassee, FL 32312-1267 dean.bunch@nelsonmullins.com Jennifer Clark, Agency Clerk Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-430 2900 Apalachee Parkway, Mail Stop 61 Tallahassee, FL 32399 clark jennifer@hsmv.state. fl.us /s/ Nicholas A. Bader Attorney
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing Files and Relinquishing Jurisdiction by Stuart M. Leaner, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Notice of Withdrawal of Notice of Termination, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Relinquishing Jurisdiction and Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and the Dealer Sales and Service Agreement between Villages Golf Cart Man, LLC and Electric Car Distributors, Inc. remains in full force and effect. Filed March 8, 2012 9:13 AM Division of Administrative Hearings DONE AND ORDERED this day of March, 2012, in Tallahassee, Leon County, Florida. Cau Lae Julie Baker, Chief Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this day of March, 2012. NOTICE OF APPEAL Ne Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jc Copies furnished: Warren Sistare Electric Car Distributors, Inc. 2306 North Dixie Highway Fort Lauderdale, Florida 33305 John W. Forehand, Esquire Kurkin Forehand Brandes, LLP 800 Nlorth Calhoun Street, Suite 1B Tallahassee, Florida 32303 Stuart M. Lerner Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
