STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-2014T

)

1. DAVIS, INC., )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on March 28, 1985, in Lake City, Florida. By letter dated March 22, 1985, Mr. J.B. Davis, Jr., president of J.B. Davis, Inc., the Respondent, advised the Hearing Officer that he would be unable to attend the hearing at the time and place scheduled in the Hearing Notice which was issued on February 2, 1985. By telephone call to the office of Mr. J.B. Davis on March 27, 1985, the Hearing Officer determined that the Respondent expected the hearing to take place as scheduled.

   
   

   APPEARANCES

   
   

   For Petitioner: Philip S. Bennett, Esquire

   Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064

   
   

   For Respondent: No one appeared

   
   

   FINDINGS OF FACT

   
   

   1. The Respondent, J.B. Davis, Inc., owns an outdoor advertising sign which is situated on the north side of I-10, .33 mile west of U.S. 221, in Madison County, Florida. This sign faces eastbound traffic, and it is not in any incorporated city or town.

      
      

   2. I-10 is a part of the interstate highway system, and it is open to traffic.

      
      

   3. The subject sign is visible from the main traveled way of I-10.

      
      

   4. The subject sign has been erected and is situated within 500 feet of a restricted interchange.

      
      

   5. The subject sign does not have a permit issued by the Department of Transportation.

      
      

   6. There is no zoning in Madison County, Florida.

   7. The subject sign has been erected and is situated beyond 800 feet from any existing business, and it is within 660 feet from the right-of-way of I-10.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case. Section 120.57(1), Florida Statutes. The Department of Transportation has the authority to regulate outdoor advertising signs and to issue permits therefor pursuant to the provisions of Chapter 479, Florida Statutes.

   
   

2. Section 479.07(1), Florida Statutes, prohibits the construction, erection, use or maintenance of an outdoor advertising structure along any interstate highway without first obtaining a permit therefor from the Department of Transportation.

   
   

3. Section 14-10.06(1)(b)2b, Florida Administrative Code, prohibits the erection of an outdoor advertising sign within 500 feet of an interchange, if this location is outside an incorporated city or town.

   
   

4. Section 479.11(1), Florida Statutes, prohibits the erection of an outdoor advertising sign within 660 feet of the right-of-way of the interstate highway system, except as allowed by Section 479.111, Florida Statutes. Subsection (2) of Section 479.111, Florida Statutes, allows signs in commercial or industrial zoned areas, or in unzoned areas which are within 800 feet from an existing business activity which is visible from the interstate highway, as provided in Section 14-10.09(2)1.B, Florida Administrative Code.

   
   

5. The Respondent's sign which is the subject of this proceeding has been erected in an unzoned area, at a location which is beyond 800 feet from any existing business activity, and within 660 feet from the right-of-way of I-10. The subject sign does not have a permit issued there for by the Department of Transportation. This sign also is located within 500 feet of a restricted exchange. The subject sign, therefore, is in violation of the above statutes and rules, and must be removed.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Respondent's sign situated on the north side of I-10,

.33 miles west of U.S. 221, facing eastbound traffic, in Madison County, Florida, be removed.

THIS RECOMMENDED ORDER ENTERED this 3rd day of April, 1985.

WILLIAM B. THOMAS

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 3rd day of March, 1985.

COPIES FURNISHED:

Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064

Mr. J. B. Davis, President Paul A. Pappas, Secretary

J. B. Davis, Inc. Haydon Burns Building, Room 562 Base and Duval Streets Tallahassee, Florida 32301 Madison, Florida 32340

Docket for Case No: 84-002014

Orders for Case No: 84-002014