STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1403T

)

DANDY SIGNS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice this administrative hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration at the Department of Transportation District Office Conference Room, 719 South Boulevard, Deland, Florida on the 29th day of November, 1977, beginning at 1:15 o'clock p.m.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304

For Respondent: Dan Richardson, Owner

Dandy Signs

324 Flagler Street

New Smyrna Beach, Florida 32069 ISSUE

Whether the subject sign of Respondent Dandy Signs is in violation of the Florida Statutes and rules, and federal rules, and Chapter 479, particularly Section 479.07 and 479.02, Florida Statutes for having signs that are not permitted and which violate the spacing regulations.

FINDINGS OF FACT

1. Six signs were described in a violation notice to Respondent Dandy Signs from Petitioner, Florida Department of Transportation dated July 7, 1977. The notice stated the signs were alleged to be in violation of Chapter 479 and rules 14-10.04; rule 14-10.03. By stipulation of the parties the charges on the signs listed were dropped except for the following two signs: a sign located one mile west of U.S. 1, State Road 44, Mile Post 28.25 with copy "Bob's Sandpiper Restaurant" and a sign located at Junction 17-92 Deland, U.S. Highway

   17 (Section 35 Mile Post .02) with copy "Buddy Sheats". The foregoing signs have no permit and evidence was presented to show that each sign is nearer to a permitted sign than 500 feet.

2. The Respondent admits that neither sign has been permitted and that both signs violate the spacing requirements. Respondent was given time to submit evidence that the signs had at one time been permitted, but no evidence was submitted to this hearing officer although the hearing was held in excess of three months before this order is being entered.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 479.071 requires that a permit be secured from the Department of Transportation before a sign is erected along the highways of the State of Florida. No permit was secured for either of the two signs. No evidence was submitted to show the signs had been in place before the enactment of Chapter

479. Section 479.02 and the agreement promulgated thereunder require that signs faced along federal aid highways be at least 500 feet from signs facing the same direction. Evidence shows the signs are closer than 500 feet to permitted signs. The subject signs can be seen from a federal aid highway and therefore are in violation of the foregoing statutes.

RECOMMENDATION

Remove the subject signs and invoke penalty under Section 479.18, Florida Statutes.

DONE and ENTERED this 3rd day of March, 1978.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1978.

COPIES FURNISHED:

Philip S. Bennett, Esquire Florida Department of Transportation

Haydon Burns Building Tallahassee, Florida 32304

Dan Richardson, Owner Dandy Signs

324 Flagler Street

New Smyrna Beach, Florida 32069

Docket for Case No: 77-001403

Orders for Case No: 77-001403