STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2997T

)

PROFESSIONAL AG SERVICE, )

)

Respondent. )

) DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2998T

)

PROFESSIONAL AG SERVICE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a consolidated public hearing in the above-styled cases on February 22, 1983, at Lake City, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondent: Kenneth Cooksey, President

Professional Ag Service

testified on behalf of Respondent

By Notices of Alleged Violation dated 12 October 1982, the Department of Transportation, Petitioner, alleges that the two signs, one facing north and one facing south, on one structure located adjacent to SR 51, 50 feet south of C-349 in Suwannee County are in violation of Section 479.11(1), Florida Statutes, and Rule 14-10.05(6), Florida Administrative Code. It is alleged these signs have not been issued permits and that signs in this location are not permittable.

Since the signs are located on one structure and the same violations are alleged for each sign, the cases were consolidated for hearing and one recommended order will be submitted.

At the hearing one witness was called by Petitioner, Kenneth Cooksey testified on behalf of the Respondent, and two exhibits were admitted into evidence. There is no dispute regarding the facts here involved.

FINDINGS OF FACT

1. State Road 51 is a federal-aid primary highway where it crosses County Road C-349 in Suwannee County.

   
   

2. The signs were erected in the spring of 1982 and no application for permit was submitted and no permit has been issued for these signs.

   
   

3. The signs are visible from SR 51 and are intended to give to the passing public the directions to Respondent's place of business. Without such directions, the business is difficult to locate.

   
   

4. The signs are erected within 660 feet of SR 51 in an unzoned area outside the corporate limits of any town or city. The signs are located 58 feet from the edge of SR 51 and 50 feet from C-349.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Section 479.11, Florida Statutes, provides generally that no outdoor advertising sign shall be erected within 660 feet of any federal-aid primary highway except in an area zoned commercial or industrial. Since the area in which the signs are located is not a zoned or unzoned commercial or industrial area, no permit can be issued for a sign in this area.

   
   

7. From the foregoing it is concluded that Respondent's signs are located along a federal-aid primary highway in an area not zoned to permit the erection of outdoor advertising signs and are in violation of the statutes and regulations as alleged. It is

RECOMMENDED that the Respondent be directed to remove the offending signs within thirty (30) days and if they fail to do so the Department take appropriate action to remove the signs.

ENTERED this 14th day of April, 1983, at Tallahassee, Florida.

K. N. AYERS, 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 14th day of April, 1983.

COPIES FURNISHED:

Charles G. Gardner, Esquire Paul A. Pappas, Secretary Department of Transportation Department of Transportation Haydon Burns Building, M.S. 58 Haydon Burns Building Tallahassee, Florida 32301 Tallahassee, Florida 32301

Kenneth Cooksey, President Professional Ag Service Post Office Box 340

Live Oak, Florida 32060

Patrick Galvin, Administrator Outdoor Advertising Department of Transportation

Haydon Burns Building, M.S. 22 Tallahassee, Florida 32301-8064

Docket for Case No: 82-002997

Orders for Case No: 82-002997