STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1692T

)

COMMANDER REALTY, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on February 6, 1976, at 10:00 a.m. in the Conference Room of the Department of Transportation, Chipley, Florida.

APPEARANCES

For Petitioner: John W. Scruggs, Jr., Esquire

Staff Attorney

Department of Transportation Chipley, Florida

For Respondent: No appearance.

ISSUE

Whether the subject signs violate the state and federal laws and should be removed;

Whether Respondent has violated Section 479.07(1)(4)(6) and Section 479.11(1), Florida Statutes.

FINDINGS OF FACT

1. By letter from Benjamin W. Redding, Esquire, the Hearing Officer was advised that no appearance would be made on behalf of Commander Realty, Inc. and notice was given that Respondent waived any objections to conduct the hearing at the place other than Chipley or in a summary manner.

   
   

2. The following described sign is located in an unzoned area outside the city limits in an essentially rural area. The location is on a federal aid highway, U.S. 98. The location is on the corner of U.S. 98 and East Eleventh Street. The copy is Town and Country Lake Estates, a double-faced sign.

   
   

3. This sign sets two feet on the road right of way, has never been permitted, no application was made before its erection sometime during the fall of 1975.

   CONCLUSIONS OF LAW

   
   

4. Chapter 479, Florida Statutes, requires that signs may not be erected within 660 feet of federal aid roads unless an application is made, a permit is issued and after erection, a tag is placed thereon. A permit will not be issued if the proposed sign violates that requirement for the area in which the sign is to be erected.

   
   

5. Subject sign is on the right of way of a federal aid highway, is not eligible for a permit, is not now permitted and violates Section 479.07(1)(4)(6) and Section 479.11(1), Florida Statutes, which require a permit on outdoor advertising signs and requires the proper set back from federal aid highways. Subject sign is in violation of Section 339.30, F.S., which prohibits advertising on the right of way of any state maintained road.

RECOMMENDED ORDER

Remove subject sign within ten (10) days from the issuance of the final order.

DONE and ORDERED this 7th day of May, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

John W. Scruggs, Jr., Esquire Staff Attorney

Department of Transportation Chipley, Florida

Commander Realty, Inc. 1612 June Avenue

Panama City, Florida 32401

Docket for Case No: 75-001692

Orders for Case No: 75-001692