STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2367T

)

HENRY DINGUS, JR., )

)

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 April 11, 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondent: Melvin K. Dubose

2233 South East Fort King Street Ocala, Florida

1. By notice of alleged violation dated May 22, 1978, Petitioner seeks to have nine signs on U.S. 19 owned by Henry Dingus, Jr., Respondent, removed. As grounds therefor it is alleged that these signs are without permits.

   
   

2. At the beginning of the hearing Petitioner announced that applications for permits had been received for some of these signs, others had been removed, that one was not permitable, and that if Respondent filed a proper application for the permitable signs within thirty (30) days that violation will be dismissed. Respondent agreed to file the necessary applications and remove the unpermitable sign within thirty (30) days.

   
   

3. The specific violations were stipulated to be treated as follows:

   
   

   1. An application for permit for the sign on U.S. 19, 18.62 miles north of SR 60 has been received, and Petitioner withdrew this violation.

      
      

   2. Respondent will submit an acceptable application for the signs on

      U.S. 19, 18.95 and 39.19 miles respectively south of SR 60 within thirty (30) days, and upon receipt of these applications with appropriate fees the violations will be dismissed.

   3. The signs previously located 23.50, 23.51, and 23.53 miles north of SR 60, respectively, have been removed and the violations are dismissed.

      
      

   4. An application for permits for the signs located on U.S. 19 3.94 and 4.53 miles south of SR 60 has been received and the violations are dismissed.

      
      

   5. With respect to the sign located on U.S. 19 36.24 miles north of SR 60, Respondent acknowledged that the sign is in violation and that it will be removed within thirty (30) days. It is therefore,

RECOMMENDED that the violations in 1, 3, and 4 above be dismissed, that the violations in 2 above be dismissed upon receipt of a proper application from Respondent, and that the violation in 5 be dismissed when the sign has been removed.

ENTERED this 20th day of April, 1979, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of April, 1979.

COPIES FURNISHED:

Charles G. Gardner, Esquire Dept. of Transportation Haydon Burns Building Tallahassee, Florida 32301

Melvin K. Dubose

2233 South East Fort King St. Ocala, Florida Tallahassee, Florida

Mr. Henry Dingus, Jr.

102 US 19 South

New Port Richey, Fla. 33552

Mr. Richard C. Hurst, Administrator, Outdoor Adv. Sec DOT, Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 78-002367

Orders for Case No: 78-002367