STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2056T

) DONNELLY ADVERTISING CORPORATION, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice in the above styled cause in the Right of Way Office Conference Room, 1317 N.E. Fourth Avenue, Fort Lauderdale, Florida, at 3:00 p.m. on January 13, 1976 before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case was presented upon the Administrative Complaint and notice of the Petitioner, Department of Transportation, that the Respondent, Donnelly Advertising Corporation, had violated Subsections 479.02(2), 479.07(1) and 479.07(4), Florida Statutes, by having erected an outdoor advertising sign within 500 feet of an already existing sign, having failed to acquire a permit and not having attached the permit tag to the sign.

After the Petitioner had called its first witness, the Respondent moved to dismiss the charges because of the amendment prior to 1973 of Section 479.02(2), Florida Statutes, deleting the language referring to spacing. It appeared from the copies of the Statutes that said section had been so amended. Petitioner requested and was granted a short recess to consider the motion. Thereafter, the Petitioner did not oppose the motion to dismiss the charges.

Wherefore, the Hearing Officer recommends the charges presented in the Administrative Complaint be dismissed.

DONE and ORDERED this 21st day of January, 1976.

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

(904) 488-9675

COPIES FURNISHED:

Phil Bennett, Esquire Office of Legal Operations

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Korner, Sampson & Partridge 4790 Tamiami Trail

Coral Gables, Florida 33134

Docket for Case No: 75-002056

Orders for Case No: 75-002056