STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2017T

)

TOM WEST HOMES, INC., )

)

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 11 March 1980 at Jacksonville, Florida.

APPEARANCES

For petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondent: Respondent was not present.

By Notice of Alleged Violation dated 13 July 1979, DOT, Petitioner, alleges that Tom West Homes, Inc., Respondent, has installed a sign on SR-10, 13.8 miles east of I-95 which is without a permit in violation of Section 479.07(1), Florida Statutes, and Rule 14-10.04(2), Florida Administrative Code, and within

500 feet of an existing sign in violation of Section 479.02, Florida Statutes, and Rule 14-10.06(b)(3), Florida Administrative Code. By letters dated July 23, 1979 and September 18, 1979 Lamar Long, who apparently erected the sign for Tom West Homes, Inc. requested a hearing.

By Notice of Hearing dated October 5, 1979 this case was originally scheduled to be heard November 14, 1979 and was continued as requested by Lamar Long in letter dated October 9, 1979. By Notice of Hearing dated December 3, 1979 the case was rescheduled to commence February 1, 1980 and by Order entered

31 January 1980 the hearing was rescheduled to commence at 11:00 a.m. on March 11, 1980. Notices of these changes were mailed to all parties.

When Respondent did not appear at the time scheduled the hearing was delayed until 12:30 p.m., at which time the hearing was opened. Petitioner presented one witness and two exhibits were entered into evidence.

FINDINGS OF FACT

1. The district outdoor advertising sign inspector inspected the sign in question alongside SR-10 in July 1979, found no permit on the sign and a

   permitted sign facing the same direction 440 feet from the offending sign and on the same side of SR-10. A check of the files revealed no application had been received for a permit for a sign at this location.

   
   

2. Representatives of Tom West Homes, Inc. were contacted and the ownership of the sign was acknowledged. A representative further acknowledged that notice of this hearing had been received.

   
   

3. SR-10 is a federal-aid primary highway.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. Section 479.07 Florida Statutes, requires a permit be applied for by any person erecting an outdoor advertising structure alongside any federal-aid primary highway. Rule

   14-10.09, Florida Administrative Code, provides that along federal-aid primary highways:

   
   

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

   
   

6. From the foregoing it is concluded that the sign owned by Tom West Homes, Inc., located alongside SR-10, 13.8 miles east of I-95 is in violation of the statutes and regulations pertaining to outdoor advertising signs as alleged. It is therefore

RECOMMENDED that Respondent be directed to remove the offending sign within

30 days and if such removal is not accomplished then Petitioner take such action to remove the sign as may be appropriate.

Entered this 31st day of March, 1980.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1980.

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building - Room 562 (Mail Station #58)

605 Suwannee Street

Tallahassee, Florida 32301

Tom West Homes, Inc. 8282 Western Way Circle

Jacksonville, Florida 32216

R. Lamar Long Lamar Long, Inc.

6141 Chester Avenue

Jacksonville, Florida 32217

Docket for Case No: 79-002017

Orders for Case No: 79-002017