STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-161T

) CURT MILLER OIL COMPANY, 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 March 2, 1976 in the Conference Room of the Department of Transportation, Chipley, Florida at 9:00 a.m.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: Harvey J. Belser, Esquire

608 North Waukesha Street Bonifay, Florida

ISSUE

Whether the Respondent is in violation of Sections 479.07(1)(4)(6) and 479.11(1), Florida Statutes.

Whether subject signs violate state and federal laws and should be removed.

FINDINGS OF FACT

1. The following described sign is located in an unzoned area and violates the set back requirements being closer than 660 feet from the nearest edge of the road right-of-way:

   
   

   Highway: I-10

   Location: 6/10 of a mile west of State Road 81 south side of I-10

   Copy: Fina Gas-Diesel-Exit 1/2 Mile then Left

   
   

2. Notice of violation regarding subject sign was properly sent by the Department of Transportation and received by the Respondent.

3. No application was made prior the the erection of the subject sign, and the sign has been refused a permit.

   
   

4. Mr. Curtis A. Miller, Jr., the President and major stockholder of Curt Miller Oil Company, Inc. in good faith discussed the erection of the subject sign with the councilmen and Mayor of Ponce de Leon, Florida, and proceeded to erect his sign without first obtaining a permit from the Department of Transportation.

   
   

5. The Respondent contends that the sign is needed, that he spent a large amount of money on the erection and that he thought the sign would be in a properly zoned area at the time the erection was completed. Respondent admits that the sign at the time of the hearing is in violation of the set back requirements of Chapter 479, Florida Statutes. The Petitioner contends that it refused to permit the sign inasmuch as the set back was less than 660 feet from the nearest edge of the right-of-way of an interstate highway.

   
   

   CONCLUSIONS OF LAW

   
   

6. Chapter 479, Florida Statutes, requires that signs may not be erected within 660 feet of the federal aid roads unless an application is made, a permit is issued, and after erection of the sign a tag is placed thereon. The permit will not be issued if the proposed sign violates the set back requirement of the area in which the sign is erected. Subject sign was erected without a permit and it is not now eligible for a permit in the present location with present zoning.

RECOMMENDED ORDER

Remove subject sign within ten (10) days from date of Final Order unless Respondent previously removes said sign.

DONE and ORDERED this 23rd day of April, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Harvey J. Belser, Esquire

Office of Legal Operations 608 North Waukesha Street

Department of Transportation Bonifay, Florida Haydon Burns Building

Tallahassee, Florida 32304

Docket for Case No: 76-000161

Orders for Case No: 76-000161