STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 79-529T

)

JIM CHAPLIN d/b/a )

CHAPLIN REAL ESTATE, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on May 16, 1979, in Key Colony Beach, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case was presented on a Notice of Violation filed by the Department of Transportation served on the Respondent alleging that the subject outdoor advertising structure was in violation of Sections 339.301 and 479.11(1), Florida Statutes. The issue is whether the signs in question violate Sections

339.301 and 479.11(1), Florida Statutes.

APPEARANCES

For Petitioner: Charles Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondent: Did not appear

FINDINGS OF FACT

1. Linda Duvon, an outdoor advertising inspector, identified as Petitioner's Exhibit 1 a photograph of the signs which were the subject of the Notice of Violation. Ms. Duvon inspected these signs, and they appeared to be in the right-of-way owned by the State of Florida. She inquired of Mr. Jim Chaplin if he owned these signs, and he claimed ownership of the signs.

   
   

2. Harvey Walker, a surveyor for the Department of Transportation, testified that he surveyed the subject signs, having identified them by reference to the photograph, Exhibit 1, and determined that the signs were 38 feet within the State-owned right-of-way and 61 feet from the center line of

   U.S. 1, a State-maintained highway.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 339.301, Florida Statutes, provides in pertinent part that except when authorized by law, or rules or regulations it is unlawful to make

   any commercial use of the right-of-way of any state-maintained road. Such prohibited uses include ... the display of advertising of any sort. The evidence shows that the signs in question violated Section 339.301, Florida Statutes.

   
   

4. Chapter 339, Florida Statutes, does not provide for the removal of signs which violate Section 339.301; however, Chapter 479, Florida Statutes, provides for the regulation of outdoor advertising. A sign in violation of Section 339.301 could not be granted a permit in accordance with Chapter 479, and may be removed pursuant to Section 479.17, Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law above, the Hearing Officer recommends that the agency head give the Respondent 90 days to remove said sign and at the end of which time, if said sign has not been removed, directs its removal pursuant to Section 479.17, Florida Statutes, by Department of Transportation personnel.

DONE and ORDERED this 1st day of June, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Charles Gardner, Esquire Richard C. Hurst, Administrator Department of Transportation Outdoor Advertising Section Haydon Burns Building Department of Transportation Tallahassee, Florida 32301 Haydon Burns Building

Tallahassee, Florida 32301

Mr. James F. Chaplin c/o Chaplin Real Estate 5190 Overseas Highway

Marathon, Florida 33050

Docket for Case No: 79-000529

Orders for Case No: 79-000529