STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-405T

) DOCKET NO. 75-173-OA

KOA KAMPGROUND, )

)

Respondent. )

)

RECOMMENDED ORDER

PURSUANT TO NOTICE, a hearing was held in accordance with the Administrative Procedure Act, Florida Statutes Chapter 120, on May 15, 1975, in Room 476, Haydon Burns Building, Tallahassee, Florida.

APPEARANCES

For Petitioner: Jay Hendrickson, Esquire

ISSUES

(1) Whether Respondent's sign is located on a state maintained right-of-way and therefore in violation of Subsection 479.11(5), Florida Statutes. (2) Whether Respondent's sign is in violation of the setback requirements of Subsection 479.11(1). (3) whether Respondent's sign is in violation of the permit requirement of Subsection 479.07(1).

FINDINGS OF FACT

The Respondent owns a sign located at the junction of U.S. Highway 90 and

319 in Wakulla County, Florida. The sign is within the boundaries of the state maintained right-of-way as presently situated. The sign was erected at the direction of Mr. Val Tuck upon the good faith belief, based on the representations of third parties, that this site was outside the right-of-way. Subsequent information has convenienced Mr. Tuck that the sign is within the right-of-way.

DONE AND ORDERED this 28th day of July, 1975, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jay Hendrickson

Docket for Case No: 75-000405

Orders for Case No: 75-000405