STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LAMAR CITRUS OUTDOOR )

ADVERTISING COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1422T

) DEPARTMENT OF TRANSPORTATION, )

)

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 September 19, 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: James C. Kirkpatrick, Manager

Lamar Citrus Outdoor Advertising Company Post Office Box 3531

Lakeland, Florida 33802

For Respondent: Charles O. Gardner, Esquire

Department of Transportation The Haydon Burns Building Tallahassee, Florida 32301

By letter dated June 27, 1979 Lamar Citrus Outdoor Advertising Company, Petitioner, requested an administrative hearing on the denial of its application to erect two signs in Lee County along the I-75, 2.70 and 2.98 miles, respectively, south of Colonial Boulevard. The application was disapproved by Respondent because the sites were not properly zoned.

One witness testified on behalf of Petitioner, two witnesses were called by Respondent and four exhibits were admitted into evidence.

FINDINGS OF FACT

1. Petitioner has leased land upon which to erect the proposed signs along the I-75 (Exhibit 3).

   
   

2. The county tax appraiser's office lists the land in question as Land Use Code 99, which is used for appraisal purposes to designate land not in agricultural use.

   
   

3. The county zoning department, which is the agency responsible for zoning, carries the sites in question as zoned agricultural. In any event, neither parcel is zoned commercial and/or industrial.

   CONCLUSIONS OF LAW

   
   

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

   
   

5. Section 479.111 Florida Statutes provides in pertinent part:

   
   

   Only the following signs shall be permitted within controlled positions of the interstate and federal-aid Primary systems:

   (2) Signs in commercial and industrial zoned or commercial and industrial unzoned areas subject to agreement established by s. 479.02.

   
   

6. The two sites on which it is here proposed to erect signs are not zoned commercial or industrial. Accordingly, signs may not legally be permitted in these areas. It is therefore

RECOMMENDED that the Petition of Lamar Citrus Outdoor Advertising Company to erect signs along the I-75, 2.70 and 2.98 miles south of Colonial Boulevard, be dismissed.

Entered this 1st day of October, 1979.

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

(904) 488-9675

COPIES FURNISHED:

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

James C. Kirkpatrick Manager

Lamar Citrus Outdoor Advertising Company

Post Office Box 3531 Lakeland, Florida 33802

David Leighow, Administrator Outdoor Advertising Section Department of Transportation The Haydon Burns Building Tallahassee, Florida 32301

V. L. Whittier, Jr., Esquire Clerk of Agency Proceedings Department of Transportation The Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 79-001422

Orders for Case No: 79-001422