Judges: JAMES E. BRADWELL
Agency: Department of Transportation
Latest Update: Oct. 19, 1981
Summary: The issue posed for decision herein is whether or not the sign involved herein is erected on the right-of-way of a State maintained road. 1/Respondent's sign is in violation of right-of-way set-back requirements and should be removed.
79-0091.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA DEPARTMENT OF )
TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 79-091T
)
SAFARI CAMPGROUND, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on May 22, 1981, in Lake City, Florida. The parties waived the thirty (30) day requirement for rendition of a recommended order as set forth in Rule Chapter 28-5.402, Florida Administrative Code.
APPEARANCES
For Petitioner: Charles G. Gardner, Esquire
Department of Transportation The Haydon Burns Building Tallahassee, Florida 32301
For Respondent: E. A. Spencer, Jr.
Travelers Safari Campground Route 2, Box 250
Alachua, Florida 32616
ISSUE
The issue posed for decision herein is whether or not the sign involved herein is erected on the right-of-way of a State maintained road. 1/
FINDINGS OF FACT
Based upon the documentary evidence received, the testimony adduced during the hearing, and the entire record compiled herein, the following relevant facts are found.
Petitioner, Florida Department of Transportation, utilizes outdoor advertising inspectors to keep surveillance of state maintained roadways: to report infractions of the State right-of-way by outdoor advertising agencies and to assist such advertising agencies in the proper erection of signs. In so doing, these inspectors enforce and are guided by the provisions of Chapter 479, Florida Statutes, and Rule Chapter 14-10, Florida Administrative Code.
The subject sign involved herein is situated 16.36 miles north of State Road 26, in Gainesville, Florida.
The sign in question is situated approximately 600 to 700 feet from the crossing of Interstate 75 and State Road 26. (Testimony of Thomas Wigham, Outdoor Advertising Inspector for Petitioner.) Petitioner utilized the services of one of its registered surveyors, Lloyd Register, a location engineer, to determine the exact placement of the sign in question. Messr. Register is a registered surveyor and is the holder of surveyor's certificate No. 1522 (Florida). Messr. Register staked the area where the subject sign is erected after completing a survey of the area in question. The survey reveals that the subject sign is located within the State owned right-of-way adjacent to State Road 26. (Petitioner's Exhibits 1 and 2, and Testimony of Lloyd Register.)
Respondent offered no evidence herein.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapters 120.57(1) and 479, Florida Statutes.
The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.
The authority of the Petitioner is derived from Chapter 479, Florida Statutes.
The subject sign involved herein is erected on the right-of-way of a State maintained road and is, therefore, in violation of Chapter 479.11, Florida Statutes, and Rule 14-10.05(g), Florida Administrative Code.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby
RECOMMENDED:
That the Petitioner enter an order authorizing it to remove the subject sign which is located 16.36 miles north of State Road 26, a State maintained road, in Gainesville, Florida.
RECOMMENDED this 25th day of September, 1981, in Tallahassee, Florida.
JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 25 day of September, 1981.
ENDNOTE
1/ The Petitioner, through counsel, requested, and the undersigned granted Petitioner's request to take administrative notice of Chapter 479, Florida Statutes, and Rule Chapter 14-10, Florida Administrative Code.
COPIES FURNISHED:
Charles G. Gardner, Esquire Department of Transportation The Haydon Burns Building Tallahassee, Florida 32301
E. A. Spencer, Jr. Travelers Safari Campground Route 2, Box 250
Alachua, Florida 32616
Docket for Case No: 79-000091
Orders for Case No: 79-000091
| Issue Date |
Document |
Summary |
|
Oct. 12, 1981 |
Agency Final Order
|
|
|
Sep. 25, 1981 |
Recommended Order
|
Respondent's sign is in violation of right-of-way set-back requirements and should be removed.
|
