STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 79-157T

)

SNUG HARBOR PARK, )

)

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 12, 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Respondent was not present or represented.

By Notice of Alleged Violation dated December 13, 1978, the Department of Transportation, Petitioner, seeks to have Respondent's sign located on U.S. 92,

1. miles east of U.S. 19 removed. As grounds therefor it is alleged that there is no permit for Respondent's sign, and that it violates the spacing distance to another permitted sign. One witness was called by Petitioner and a photograph of the sign in question was admitted as Exhibit 1.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent's sign located on U.S. 92, 4.7 miles east of U.S. 19 has no current tag and is located 414 feet west of a validly permitted sign.

      
      

   2. U.S. 92 is a federal-aid primary highway.

      
      

   3. Notice of Hearing was mailed to Walter Collany, owner, Snug Harbor, on February 23, 1979 at the address on the letterhead on which an administrative hearing was requested by Mr. Collany.

      
      

      CONCLUSIONS OF LAW

      
      

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

   5. Section 479.07 Florida Statutes requires a permit be obtained for any outdoor advertising sign outside any incorporated city or town.

      
      

   6. Rule 14-10.06(b)3, Florida Administrative Code provides that on federal-aid primary highways:

      
      

      No two structures shall be spaced less than five hundred (500) feet apart on the same side of the highway facing the sane direction.

      
      

   7. Respondent's sign violates both the statute and rule above quoted.

      
      

   8. Respondent, in its request for bearing, indicated that the sign in question may have been maintainable as a previously authorized sign; however. no evidence to support this allegation was presented.

      
      

   9. From the foregoing it is concluded that Respondent's sign is in violation of Section 479.07 Florida Statutes and Rule 14-10.06(b)3 Florida Administrative Code as alleged. It is therefore,

RECOMMENDED that Respondent's sign located on U.S. 92, 4.7 miles east of

U.S. 19 be 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

COPIES FURNISHED:

Walter Collony, Owner Snug Harbor

10200 Snug Harbor Road

St. Petersburg, Florida 33702

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

Mr. Richard C. Hurst, Administrator

Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 79-000157

Orders for Case No: 79-000157