STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

COTEE RIVER OUTDOOR ADVERTISING, )

)

Petitioner, )

)

vs. ) CASE NO. 87-2824T

) DEPARTMENT OF TRANSPORTATION, )

)

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 September 9, 1987, in Tampa, Florida.

APPEARANCES

For Petitioner: Scott L. Knox, Esquire

1017 Bartlett Road

Holiday, Florida 34690

For Respondent: Vernon L. Whittier, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0458

By letter dated June 15, 1987, Cotee River Outdoor Advertising, Petitioner, appeals the denial of its application to erect an outdoor advertising sign along

1. 41, 4.7 miles north of the Hillsborough-Pasco County line.

   
   

   At the hearing, Petitioner called one witness, and three exhibits were admitted into evidence. There is no dispute regarding the facts here involved. Proposed findings were not timely submitted by the parties.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner's application to erect an outdoor advertising sign along the east side of U.S. 41, four miles north of CR-54 (Exhibit 1) was disapproved by Respondent because it was within 1,000 feet of a sign on the same side of U.S.

      41 and facing in the same direction. U.S. 41 is a federal aid primary highway.

      
      

   2. The site applied for in Exhibit 1 is 963 feet south of an existing sign on the east side of U.S. 41 owned by Cotee Outdoor Advertising for which permits AE 482-35 and AR 483-35 have been issued.

      
      

   3. Petitioner's primary objection to the denial is the cost involved in relocating the existing sign some 35 feet to the north which would be necessary to have at least 1000 feet between the proposed site and an existing sign.

      CONCLUSIONS OF LAW

      
      

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

      
      

   5. Section 479.111, Florida Statutes, requires signs on federal-aid primary highways comply with the agreement between Florida and the U.S. Department of Transportation. That agreement is contained in Rule 14- 10.006(1)(b)6, Florida Administrative Code, which provides:

      
      

      No two permitted signs shall be spaced less than one thousand (1,000) feet apart on the same side of a federal aid primary highway.

      
      

   6. Petitioner's proposed sign does not meet the spacing requirements and its application was properly disapproved.

It is

RECOMMENDED that a Final Order be entered disapproving Cotee Outdoor Advertising's application for a permit to erect an outdoor advertising sign along U.S. 41, 3.2 miles north of CR-54.

ENTERED this 12th day of October, 1987, in 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 12th day of October, 1987.

COPIES FURNISHED:

Scott L. Knox, Esquire 1017 Bartlett Road

Holiday, Florida 34690

Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0450

Kaye N. Henderson, P.E. Secretary

Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0450

Docket for Case No: 87-002824

Orders for Case No: 87-002824