STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1365T

) ANASTASIA ADVERTISING ART, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the District Offices of the Department of Transportation, South Marion Street, Lake City, Florida, pursuant to notice on January 26, 1976, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This matter arose upon the filing of Notice and Administrative complaint by the Department of Transportation upon Anastasia Advertising Art, Inc., Petitioner alleging that the Respondent had violated Sections 479.07(1) and 479.11(2), Florida Statutes, by failing to have a proper permit affixed to an advertising sign located 5.50 miles south of Bowden on I-95 in Duval county, and because said sign was too close to the right of way. The Respondent requested a formal hearing and the matter was referred by the Department of Transportation to the Division of Administrative Hearings to conduct a hearing pursuant to Subsection 120.57(1), Florida Statutes.

APPEARANCES

For Petitioner: Jay Hendrickson, Esquire

Staff Counsel

Department of Transportation Haydon Burns Building

For Respondent: William Rowland, Esquire

Post Office Box 539 Winter Park, Florida

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. Jack L. Foster, an advertising sign inspector for the Department of Transportation, testified that he had inspected a sign 5.50 miles south of Borden on 95 and facing I-95 in Duval County Florida, which sign bore advertising copy advertising the city of St. Augustine which can be read from I-

1. Foster checked with the chamber of commerce of St. Augustine and determined it had leased the sign from Anastasia Advertising Art, Inc.

   1. Foster also checked the zoning maps of Duval county at City Hall in Jacksonville, Florida, and learned that the sign was placed in an area zoned "open agricultural".

      
      

   2. Foster testified that his inspection of the aforestated revealed no permit was attached, and that it was located 25 feet from the right of way line.

      
      

   3. Foster stated that because of his duties he would have been aware of any application pending for a permit for said sign, and there had been no application filed.

      
      

   4. On cross examination, Foster stated that he had first observed the sign in 1972, at which time a tag was not required.

      
      

   5. No other witnesses testified and no other evidence was presented controverting Foster's testimony.

      
      

   6. The Hearing Officer having not received any further argument from the parties, and having considered the foregoing facts, finds that said sign being

      25 feet from the right of way of I-95 violated Subsection 479.11(2), F.S., which states that no outdoor advertising sign shall be constructed, used or maintained:

      
      

      (2) Beyond 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or the federal-aid primary systems outside of urban areas that is erected with the purpose of its message being read from the main-traveled ways of such system, unless it is of a class or type permitted in subsection 479.111(1) or subsections 479.16(1) or (3)."

      
      

   7. The Hearing Officer further finds that the failure to affix a permit to said sign violates Subsection 479.07(1), Florida Statutes, and further that the Hearing Officer finds that the Department of Transportation has complied with Section 479.08, Florida Statutes.

RECOMMENDATION

The Hearing Officer, based upon the foregoing findings of fact and conclusions of law, recommends to the Agency Head that action be taken to have the subject sign removed with ten (10) days of his Final Order.

DONE and ORDERED this 30th day of March, 1976.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001365

Orders for Case No: 75-001365