STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-3366T

)

VERNON E. CRAPPS, )

)

Respondent. )

)

RECOMMENDED ORDER

This case came on for final hearing at 10:00 A.M. on January 31, 1985, in Deland, Florida. Appearing for the Petitioner was Philip S. Bennett. Appearing on behalf of himself was the Respondent, Vernon E. Crapps. Petitioner presented the testimony of its inspector, Thomas King. Respondent presented no evidence, but made argument. Petitioner stated at the hearing that it does not seek any remedy in this case except removal of the sign. Petitioner additionally asked that the Hearing Officer rule on whether Petitioner had legal authority to extend the 30 day period for requesting an administrative hearing.

FINDINGS OF FACT

1. Respondent erected the sign shown in Petitioner's Exhibits 2 and 3 on

   U.S. Highway 1, 4.22 miles south of CR 5.

   
   

2. Respondent does not have a permit from Petitioner for this sign.

   
   

3. The sign is located within 660 feet of the nearest edge of the right of way of a federal-aid primary highway, and is located on land that is zoned agricultural, and not zoned commercial or industrial.

   
   

4. By letter dated August 17, 1984, .Oscar L. Erwin, Outdoor Advertising Administrator for the Department of Transportation extended an additional thirty days the time in which Respondent would be permitted to request an administrative hearing. The prior notice of violation was sent to Respondent on or about July 5, 1984. Respondent requested a hearing by filing his written request for a hearing on September 13, 1984.

   
   

   CONCLUSIONS OF LAW

   
   

5. Respondent timely requested this administrative hearing. The Department of Transportation has authority to extend its own time limits to afford additional time to citizens to request a hearing. To conclude that such implied authority does not exist would be unreasonable. Many of the respondents in these cases are unrepresented, and the Department reasonably should have flexible authority to extend the period for requesting a hearing where, in its discretion, it determines that justice would be served by such an extension.

6. Respondent has violated Section 479.07 (1), Florida Statutes, erecting a sign without a permit.

   
   

7. Respondent has violated Section 479.11(1), Florida Statutes, and Rule 14-10.05(6), F.A.C., in that it is located within 660 feet of the nearest edge of the right of way of a federal-aid highway and is located on land zoned agricultural. The sign is unpermittable.

   
   

8. The sign should be immediately removed.

Therefore, it is RECOMMENDED:

That a Final Order be entered finding the above violations and adopting the findings of fact and conclusions of law contained in this Recommended Order.

DONE and ORDERED this 1st day of March, 1985, in Tallahassee, Florida.

WILLIAM C. SHERRILL, JR.

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 4th day of March, 1985.

COPIES FURNISHED:

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

Vernon E. Crapps 3517 Turnbull Read

Mims, Florida 32754

Docket for Case No: 84-003366

Orders for Case No: 84-003366