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Paul Sexton

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850-717-4430

Bar #243582(FL) License for 48 years

Tallahassee FL

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Related Laws :

USC: 23 U.S.C 131

CFR: 23 CFR 706, 23 CFR 750.151, 23 CFR 750.703, 23 CFR 750.703, 23 CFR 750.703, 23 CFR 750.703, 23 CFR 750.703, 23 CFR 750.703, 23 CFR 750.706, 23 CFR 750.706, 23 CFR 750.706, 23 CFR 750.708, 23 CFR 750.708, 23 CFR 750.708, 23 CFR 750.708, 49 CFR 571

Florida Laws: 1.01, 1006.22, 1006.25, 1013.23, 120.52, 120.536, 120.54, 120.56, 120.569, 120.57, 120.68, 120.81, 125.0102, 161.58, 166.0425, 255.05, 287.055, 287.057, 316.003, 316.3025, 316.613, 316.614, 316.615, 334.03, 337.242, 337.405, 339.2405, 373.1502, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.416, 373.421, 380.06, 39.201, 39.202, 402.281, 402.301, 402.302, 402.3025, 402.305, 402.3055, 402.310, 402.316, 402.318, 402.319, 403.412, 409.145, 409.175, 409.176, 455.225, 455.2273, 455.228, 471.003, 471.005, 471.013, 471.015, 471.023, 471.031, 471.033, 471.038, 479.01, 479.02, 479.07, 479.10, 479.105, 479.106, 479.11, 479.111, 479.15, 479.155, 479.156, 479.16, 489.103, 489.105, 489.111, 489.113, 489.117, 489.119, 489.145, 490.009, 517.07, 57.111, 72.011, 775.082, 775.083, 790.221, 90.803

Florida Administrative Code: 14-10.025, 28-106.2015, 60D-5.0082, 65C-22.001, 65C-22.004, 65C-22.008, 65C-22.010

96-000390 A. W. LEE OUTDOOR ADVERTISING vs DEPARTMENT OF TRANSPORTATION (1996)

Division of Administrative Hearings, Florida Filed: Jan. 22, 1996

Whether pursuant to Section 479.07(1) F.S. and other applicable law, the Department of Transportation properly issued Notice of Violation No. 10-B-MM- 1995-0035F regarding one of Petitioner's unpermitted advertising signs.Untagged sign purchased from Georgia concern without any misleading representations by seller or DOT couldn't be issued a nonconforming permit and must be removed

95-003621 ROBERT VANWAGONER vs DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1995)

Division of Administrative Hearings, Florida Filed: Jul. 17, 1995

The issue in these cases is whether Department of Transportation is entitled to a dredge-and-fill permit from Department of Environmental Protection for the purpose of demolishing the Manatee Avenue drawbridge to Anna Maria Island and constructing a fixed-span, high-level bridge 20 feet south of the existing bridge.DOT failed to provide reasonable assurance that bridge would not degrade Outstanding Florida Water or that project was clearly in public interest.

93-006932 RACETRAC PETROLEUM, INC. vs DEPARTMENT OF TRANSPORTATION (1993)

Division of Administrative Hearings, Florida Filed: Dec. 07, 1993

The issue is whether Respondent should issue an access permit to Petitioner for installation of an access connection to State Road 50. Resolution of this issue also involves the determination of whether Petitioner's request for a "right-in" access connection, made subsequent to Respondent's initial denial of Petitioner's application for a "right-in/right-out" access connection actually constitutes a second or revised application which should be granted under the "deemer provisions" of Section 120.60, Florida Statutes.Denial of access application was communicated, plus access sought is not reasonable under existing circumstances. Deny access application.

94-006747 DEPARTMENT OF TRANSPORTATION vs WAYNE RINKENBACK, D/B/A SHORES MOTOR LODGE (1994)

Division of Administrative Hearings, Florida Filed: Dec. 01, 1994

The issue in this case is whether Petitioner may close Respondent's access to State Road 739 (US Business 41).Department Of Transportation proved need, based on safety, to deny motel direct access to widened road.

94-006741RP RACETRAC PETROLEUM, INC. vs DEPARTMENT OF TRANSPORTATION (1994)

Division of Administrative Hearings, Florida Filed: Dec. 01, 1994

The issue for consideration in this hearing is whether the Department's proposed amendment to Chapter 14-96, F.A.C. is an unlawful exercise of delegated legislative authority.Portions of proposed rule on access management held invalid exercise of delegated authorityfor vagueness; and arbitrary.

93-002668 EMERALD OUTDOOR ADVERTISING, INC. vs DEPARTMENT OF TRANSPORTATION AND LAMAR ADVERTISING COMPANY OF FT. WALTON BEACH, INC. (1993)

Division of Administrative Hearings, Florida Filed: May 11, 1993

The issues to be resolved in this proceeding concern whether the permit of Respondent, Lamar Advertising Company of Ft. Walton Beach, Inc. (Lamar), for a certain advertising sign was actually revoked by letter of the Respondent, Department of Transportation (Department), on April 6, 1993. Embodied within that issue is the question of whether Lamar lost its right to retain the sign permit because of lack of written permission from the land owner at the sign site and whether the Petitioner, Emerald Outdoor Advertising, Inc. (Emerald), is entitled to a permit for a location sought by its application.Spaceing problems precludes sign application because previous permit holder showed continued right to use sign site and permit less than 1000 feet from proposed site

93-005714 DEPARTMENT OF TRANSPORTATION vs WHITE CONTRUCTION COMPANY (1993)

Division of Administrative Hearings, Florida Filed: Oct. 08, 1993

The issues in this case are: a) whether White Construction Company, Inc. timely filed its requests for hearing with the Department of Transportation in response to notices of intent to suspend White's certificate of qualification because of alleged delinquencies on State Project Nos. 97770-3305 and 97770-3306 and; (b) if not, whether the doctrine of equitable tolling, waiver, estoppel or other legal or equitable principles apply under the facts of this case such that White is entitled to a formal hearing on the merits of the department's determination of delinquency.Equitable tolling applies where contractor filed its request for hearing with wrong persons at DOT. No prejudice to Agency; severe prejudice to contractor.

94-000785 DEPARTMENT OF TRANSPORTATION vs ALONZO T. BAGGETT (1994)

Division of Administrative Hearings, Florida Filed: Feb. 11, 1994

Whether Respondent's driveway access to State Road 35 should be closed for safety reasons.Respondent's alternate access to a state-maintained road should be closed for safety reasons.

93-006473 DEPARTMENT OF TRANSPORTATION vs JAMES D. YOUNG (1993)

Division of Administrative Hearings, Florida Filed: Nov. 08, 1993

The basic issues in this case concern whether the Respondent is required to obtain a permit for access from its property to U.S. Highway #1 and whether, if the Respondent fails to obtain a permit, the connection between Respondent's property and U.S. Highway #1 should be closed.""Grandfathered"" property owner not required to obtain permit for highway connection where evidence fails to show ""significant change.""

92-004202 HACK CORPORATION, D/B/A FLORIDA KEYS PAYFAIR SUPERMARKET vs DEPARTMENT OF TRANSPORTATION (1992)

Division of Administrative Hearings, Florida Filed: Jul. 08, 1992

The parties have stipulated that the ultimate issue to be resolved in the instant case is "[w]hether the Respondent should provide a median cut or paved [non-restrictive] median [o]n U.S. Highway 1, State Road 5 ("US-1"), to allow Northbound traffic to turn left onto Petitioner's property on the West side of the Highway."Requested median opening did not meet DOT spacing requirements, plus it presented safety hazard; denial of request recommended.