STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-421T

)

FLORIDA MOTOR COURT, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, a Public hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration at the Collins Building, Room 113, Tallahassee, Florida, at 12:15 P.M., June 16, 1976.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

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

For Respondent: W. P. Carrin, Sr., representing himself

as owner of Respondent Florida Motor Court Florida Motor Court

U.S. 27 South

Tallahassee, Florida 32304 ISSUE

Whether Respondent violated Chapter 479, Florida Statutes, and the Federal Rules and Regulations by erecting a sign advertising the Florida Motor Court without a permit from the Petitioner. Whether subject sign violated the setback requirements of the state and federal laws and regulations.

FINDINGS OF FACT

1. Respondent is owner of a certain sign located on U.S. 27 South, 3 8/10 miles south of the junction of State Road 261 with copy "Florida Motor Court." The area on which the sign is located is property zoned agriculture by Leon County, Florida Zoning Board.

   
   

2. Respondent admits that he is the owner of the subject sign, that he obtained no permit and that the sign is located at the place described in paragraph (1).

3. Respondent contends that he needs this sign for his business and that he owns the land upon which the sign is built, that he bought the land for the special purpose of building a sign to advertise his business.

   
   

4. Petitioner contends that the sign violates Chapter 479.07, Florida Statutes, because it has no permit tag attached and that no permit can be issued inasmuch as the setback from the highway violates Chapter 479.111, Florida Statutes.

   
   

5. The Respondent, Mr. Carrin, has requested and been granted numerous continuances for the purpose of either selling his property or getting the area rezoned so that his sign could be permitted. He has not sold the property and the zoning is still agriculture.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Florida Department of Transportation is required to enforce the outdoor advertising laws of the state and federal government under the provisions of Chapter 479 and Chapter 335, F.S., and the agreement between the Governor and federal government as provided in Chapter 479, F.S. Proper notice of hearing was given of the violation which is the subject of this hearing. Chapter 479, F.S., requires that an application for erection of a sign be made and a permit granted before a sign is erected. Respondent did not secure a permit before he directed the subject sign. The subject sign is in an agriculturally zoned area and a sign such as the subject sign is not permitted. The subject sign may be removed under Section 479.17, F.S., and Section 335.13, F.S., by the Florida Department of Transportation.

RECOMMENDATION

Remove subject sign if same has not been removed by Respondent within ten days after the entry of a final order.

DONE and ORDERED this 12th day of July, 1976, in Tallahassee, Florida.

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

W. P. Carrin, Sr.

Florida Motor Court

U.S. 27 South

Tallahassee, Florida 32304

Docket for Case No: 76-000421

Orders for Case No: 76-000421