Judges: K. N. AYERS
Agency: Department of Transportation
Latest Update: Mar. 04, 1988
Summary: Application for permit does not meet spacing requirement
88-0238.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DONTO CONSTRUCTION CO., INC. )
)
Petitioner, )
)
vs. ) CASE NO. 88-0238T
) 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 February 18, 1988, at Tampa, Florida.
APPEARANCES
For Petitioner: Not present or represented.
For Respondent: Vernon L. Whittier, Jr., Esquire
Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0458
By letter dated December 18, 1987, Donto Construction Co., Inc., requested an administrative hearing to challenge the denial by the Department of Transportation (DOT), Respondent, of its application for a permit to erect an outdoor advertising sign along U.S. 19, 1000 feet south of Hiawatha Parkway in Hernando County. The application was denied by DOT because the sign was not 1000 feet from the nearest permitted sign.
At the hearing, Petitioner presented no evidence, Respondent called one witness, and four exhibits were admitted into evidence.
FINDINGS OF FACT
Petitioner's sign was erected without the benefit of a permit from DOT and was subsequently cited for violation of the Highway Beautification Act, Chapter 479, Florida Statutes.
Petitioner's application for a permit for a sign located along U.S. 19, 1000 feet south of Hiawatha Parkway in Hernando County was denied after measurements taken by a DOT sign inspector showed the sign to be within 1000 feet of a permitted sign owned by Whiteco Metro Company on the same side of U.S.
19 facing in the same direction as Petitioner's sign.
A Notice of Violation was placed on the sign on November 3, 1987, directing Petitioner to remove the sign within 30 days. When Petitioner failed to take action and correct this violation, the sign was removed by Respondent.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Petitioner here has the burden of proving by a preponderance of the evidence that its sign meets the statutory requirements for a permit. Balino v. DHRS, 268 So.2d 249 (Fla. 1st DCA 1977). This burden Petitioner has failed to meet. It is
RECOMMENDED that the Petition of Donte Construction Co. Inc., for a sign along U.S. 19, 1000 feet south of Hiawatha Parkway in Hernando County be dismissed.
ENTERED this 4th day of March, 1988, in Tallahassee, Florida.
K. N. AYERS Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 4th day of March, 1988.
COPIES FURNISHED:
Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building
M.S. 58
Tallahassee, Florida 32399-0458
Donto Construction Company, Inc. 4090 Sugarfoot Drive
Weeki Wachee Woodlands Spring Hill, Florida 34606 Atten: Donald Siciliano
Thomas H. Bateman, III General Counsel
Department of Transportation
562 Haydon Burns Building Tallahassee, Florida 32399-0450
Kaye N. Henderson Secretary
Department of Transportation Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399-0450
Docket for Case No: 88-000238
Orders for Case No: 88-000238
