FLORIDA DEPARTMENT OF TRANSPORTATION - REQUEST FOR HEARING RE SIGN ORDINANCE
lAWfOI'f CIIILI!S
GOVERl'lOR
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. Mad Stal10n 58 SECRf;TARY
Y (904) 488-6212
MEMORANDUM
DATE: February 18, 1997
TO: Susan Rosetti, ODA Administrator, District 7
FROM: Paul Sexton, Chief, Administrative Law
COPIES: Juanice Hagan, ODA Administrator, Central District
Steve Diez, Office of General Counsel, District 7
Gail Jones, Office of General Counsel, Central District
SUBJECT: ,Request for Hearing Filed by Allan J. Stowell.
The following infonnation is being provided regarding the above.
Date of Filing with Clerk of Agency Proceedings: February 14, 1997
Department Case No. assigned: 97-0031
Department Attorney assigned to Case: Andrea Nelson
A copy of the filing is enclosed for your review. Please provide the assigned attorney
with pertinent portions of your files, including the Department's notice of intended action (e.g.,
notice of violation, denial of refund, denial of application) and any useful background
infonnation. (Mail Station 58). Please contact the assigned attorney if you have any questions.
For use by Administrative Law Section only
· Set up me
· Origina 1 attachment on right side of me
· Copy of memo w/attachment on left side of me
· Copy of attachment on Original & all copies of
memo
· Transmit original memo to recipient w/attachment
· Transmit copy of memo w/attachment to all
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DEPARTMENT
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OF TRANSPORTATION
FLORIDA
605 Suwannee Street. Tallahassee. florida 32399-0450
81:" G. WATTS
SECIlf:T ARY
February 14, 1997
MEMORANDUM
TO:
Paul Sexton, Chief
Administrative Law
Deidre Grubbs, Clerk of Agency Proceedings ~
FROM:
COPIES:
SUBJECT: Request for Formal Hearing
Attached is a copy of correspondence from Allan J. Stowell, filed February 14, 1997.
dag
Attachrnent( s)
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DOT CASE NUMBER: 97-0031
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\XI PAPER
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Allan J. Stowell
2878 Thorton Road
Clearwater, Florida 84619
(813) 799.3600
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Clerk of Agency Proceedings
Department of Transportation
605 Suwanee st, Mall Station 58
Tallahassee, FI6rida 32399-0450
Re: I request a FORMAL PROCEEDING pursuant to Section 120.57 (1), Florida
Statutes.
Feb. 13, 1997
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Please review my brief written answers to your eleven (11) questions as required by -
your Notice of 'Appeal Rights sent to me by certified mail #P345 366 759 on same form Q"\
as ~Dtlce of Denied Application dated January 21.1997. On Feb. 12, 1997, by phone
conference, F.D.O.T. attorney Mr. Paul Sexton said this conforms to the requirements of
Rule 28-5.201. Florida Administrative Code.
1) Allan James Stowell, 2673 Thornton Rd., Clearwater, FI. 34619.
2) A major portion of my annual Income will be terminated and my outdoor
advertising buslnes6 will go out of business. My outdoor advertising business Is
necessary so I can afford to pay my child support and meet my other required
expenses.
3) I received this Notice of Denied Application by certified mall on Tuesday, Jan. 28,
1997.
4) I disagree with 141 (1.) proof of ownership of billboard. I believe a copy of the tax
record showing the billboard land In my name was Included In my application to
F.D.O.T" how~ver, I have enclosed In my packet of Information a duplicate copy. I was
told by F.D.O.T. official, Susan Rosetti, that a copy of the billboard property tax bill
would be sufficient.
141 (2.) ~ity of Clearwater Denial. The City of Clearwater denial Is nothing more
than bad politics and violation of State and Federal laws. The City of Clearwater at a
Board of Adjustment and Appeal on signs on Wednesday. Nov. 18. 1981, heard
requests for variances and they were approved on that date. Afterward the City of
Clearwater Issued a building permit to erect said billboard allowing the variance request.
My billboard has vested Tights authorized by the City of Clearwater. The City has lost
these minutes of that November 18, 1981 meeting. These minutes are supposed to be
kept forever under Florida Public Records Laws. At a City of Clearwater, City
Commission meeting on March 21, 1996, (I have B video tape of this meeting) City
Commissioners questioned the City Attorney Pamela Akin. She stated that my sign was
legally erected and that the minutes of the Nov. 18. 1981 Board of Adjustment and
Appeal on Signs are required by Law to be kept forever. The City Clerk also
acknowledged that these records could not be found. Please see packet of letters
beginning Allan Stowell. to the City Clerk dated March 15, 199.6.
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5) I dIsagree with the way you applied Chapter 479 and that I am entitled to state
Outdoor Advertising permits because, In part, the Federal government adopted the
National Highway system. My advertising signs were lawful at the time of this new
Highway System adoption and has Federal protection from taking.
6) Please read letters of correspondence In chronologIcal order beginning June 21,
1996. Please read closely my letter of July 31. 1996 \0 Mr. Kenneth M. Towclmak,
Dlrector of Office of Right-of-Way. These letters and other submitted Information
include the basic facts that support my opposition to the action to be taken under the
Notice of Denied Application.
7} The rellef I seek Is that the state of Florida Department of Transportation
approves and Issues my requested two renewal application for Outdoor Advertising sIgn
permIts. These were lawfully permitted by the state of Florida Department of
Transportatlon and signed approved on October 1. 1981 by Mr. Andie DeVetter who
was In charge of the local F.D.O.T. outdoor Advertising Dept. at that time. He
personally helped me In every step of the way to make sure I compiled with aU of the
Laws. Before my permits were approved by him I had 8ubmltted approval by City of
Clearwater by giving him copies of my building permits. Please review my photo copIes
of these original permits. I have the original copies and will be glad to show them to you
If necessary.
8) Because of filing this Notice of Appeal had 9 short time turn around I have not
hired an attorney. This puts me at a disadvantage on this questIon. However, I will
answer to the best of my ability and whenever this may come to a hearing I wIll have an
attorney represent me.
Lawsuit which I was told Invalidated City of Clearwater's sign ordinances:
A) U.S. District Court 89.857~CIV-T-15 A appealed to 11lt\ CircuIt Court of Appeals
92-2060
LAWRENCE DIMMITT 111 AND DIMMITT CHEVROLET INC.
Plaintiff
va.
CITY OF CLEARWATER,
RITA GARVEY, RON RABON AND JOHN RICTOR
Defendants
U.S. District Court 89-857-CIV~T~15 A appealed to 11~. Circuit Court of Appeals
92-2060
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B) In the Supreme Court of Pennsylvania Western District J-170 . 1990
P A NORTHWESTERN DISTRIBUTORS, INC.,
Appellant
va.
THE ZONING HEARING BOARD OF THE TOWNSHIP OF MOON
AND THE TOWNSHIP OF MOON,
Appellees.
(I am Including a copy of this for your records.)
C) In 1981 the U.S. Supreme Court ended nine years of litigation between the
Outdoor Advertislr'19 Industry and the City of San Diego. More than a million dollars was
spent for legal fees as the case was argued In four separate counts. The basic question
was simple enough: Was the City of San Diego sign ordinance, which virtually
elimInated the outdoor advertising Industry,'constltutlonal? The U,S, SUPREME
COURT answered with a plurality decision that It was NOT.
D) The first ten Amendments (Bill of Rights) were ratified effective December 15.
1791 as part of the Constitution for the United States of America. The last phrase of the
Fifth Amendment limits the right of the Government to take private property for public
use. IINor be deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use without Just compensation"
E) I have Vested Rights granted to me by the City of Clearwater by the Board of
Adjustment and Appeal On Signs granted at their public hearing on Nov. 18, 1981.
F) State Statues Chapter 479
G) The Federal Highway Beautification Act
H) November 25, 1995, the Federal Government adopted the National Highway
System. State Road 60 east of U.S. 19 In the City of Clearwater Is shown on the map of
the National Highway System as a part of the system. My billboard Is on that section
and Is protected by Federal law from being taken without the City paying Just
compensation.
I) Newly adopted State of Florida Property Rights laws.
9) I requast 8 formal proceeding pursuant to Section 120.57 (1) Florida Statutes.
State of Florida Property Rights Laws.
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10) I am forwarding Information for your review that I feel Is material. There Is a law
suit in process:
PATRICK MEDIA GROUP, INC.,
A Delaware Corporation
Plaintiff,
VB.
CITY OF CLEARWATER
A Florida Municipal Corporation
Defendants
In the Circuit Court for Pinellas County, Florida, Circuit Civil DivisIon, Case No. 93-
00017 4C 1-021. I have been advised that this case is going to the Court of Appeals.
11} I am enclosing a complete copy of the Notice of Denied Application, Including
this Notice of Appeal Rights.
AJS/sn
enol.
co: Fax to (904) 488-4412