STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2234T

)

BILL SALTER ADVERTISING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 23 January 1979 at Chipley, Florida.

APPEARANCES

For Petitioner: Bill Salter

Post Office Box 422 Milton, Florida 32570

For Respondent: Philip S. Bennett, Esquire

Florida Department of Transportation Haydon Burns Building

605 Suwannee Street, Room 562

Tallahassee, Florida 32304

At the commencement of the hearing, Petitioner advised that he was unsure which sign was involved in this case and was not ready to proceed. After being advised that on February 21, 1978 he had requested a hearing on the denial of his application to erect signs facing North and South on U.S. 29 0.2 miles North of SR 296, Petitioner advised that he was not prepared to go forward with any evidence.

CONCLUSIONS OF LAW

The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

Petitioner was duly notified of the time and place of the scheduled hearing and made no representation that he did not receive actual notice of the hearing.

Inasmuch as Petitioner failed to present any evidence to rebut the reason given for denial of his application, i.e., that the proposed location is within

500 feet of a previously permitted location, there is no basis for granting the relief requested. It is therefore

RECOMMENDED that the Petition of Bill Salter Advertising for a permit to erect a sign on U.S. 29 0.2 miles North of SR 296 be denied.

Entered this 21st day of February, 1979.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Mr. Bill Salter Post Office Box 422

Milton, Florida 32570

Philip S. Bennett, Esquire Florida Department of

Transportation Haydon Burns Building Room 562

605 Suwannee Street

Tallahassee, Florida 32304

Docket for Case No: 78-002234

Orders for Case No: 78-002234