STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2194T

)

EVERGLADES TOURS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 13, 1984, in Miami, Florida. A transcript of the proceeding was received by this Division on April 17, 1984. The parties stipulated that the hearing herein officially closed on the date that the transcript was received by this Division.

APPEARANCES

For Petitioner: Vernon L. Whittier, Jr., Esquire

Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32301

For Respondent: Mr. John Hudson, Owner 1/

Everglades Tours Post Office Box 907

Homestead, Florida 33090

ISSUE

The issue presented for decision herein is whether or not the sign in question has been properly permitted and whether it is being maintained in an unsightly or insecure position as set forth in the alleged violation and administrative Notice to Show Cause filed herein dated June 7, 1983.

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant findings of fact.

   
   

2. John Hudson is the owner of Everglades Tours. On June 7, 1983, Hudson was served with a Notice to Show Cause alleging violations of Sections 479.07(1) and 479.11(7), Florida Statutes, and Rule Chapter 14-10.05(1)(h), Florida Administrative Code, based on allegations that his sign, erected by Hudson, was not properly permitted and was being maintained in an unsightly and insecure condition. (Petitioner's Exhibits 1, 2 and 4)

3. The location of the sign in question is the northeast corner of State Road 9336 (Palm Drive) and S.W. 192 Avenue. (Petitioner's Exhibit 2) The legend on the sign bears the copy -- "Airboat Ride, The Only Way to See the Glades.

   
   

4. Hudson does not dispute the factual allegations respecting the notice of violation issued herein, and acknowledges that the subject sign does not bear a state sign permit. The sign in question is visible from the main travelway of State Road 9336 or State Road 27.

   
   

5. The sign in question is erected on an unsecured old car chassis. The sign is not permanently affixed into the ground. The sign is situated 25 feet north of State Road 9336. (Petitioner's Exhibit 5)

   
   

   CONCLUSIONS OF LAW

   
   

6. Based on the foregoing findings of fact, it is herein concluded that the sign in question has not been properly permitted in violation of Section 479.07(1), Florida Statutes. Additionally, the sign is being maintained in an unsightly and insecure condition in violation of Sections 479.11(7), Florida Statutes, and Rule Section 14-10.05(1)(h), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Petitioner, Florida Department of Transportation, enter a Final Order requiring removal of the sign in question by Respondent.

RECOMMENDED this 18th day of May, 1984, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 18th day of May, 1984.

ENDNOTE

1/ Appearing in proper person.

COPIES FURNISHED:

Vernon L. Whittier, Jr., Esquire Department of Transportation

605 Suwannee Street

Tallahassee, Florida 32301

John Hudson, Owner Everglades Tours

P.O. Box 907

Homestead, Florida 33090

Paul Pappas Secretary

Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32301

Docket for Case No: 83-002194

Orders for Case No: 83-002194