STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 88-0777T

)

THE SCUBA DEN, )

)

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 cause on April 20, 1988, in Tampa, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0458 For Respondent: Not present or represented.

By Notice of Alleged Violation and Notice to Show Cause dated January 22, 1988, the Department of Transportation (DOT) demands Scuba Den Inc., Respondent, remove its advertising sign along U. S. 19, 500 feet north of S. R. 595 in Hernando County, Florida. As grounds therefor, it is alleged the sign has no permit.

At the hearing, Petitioner called one witness, and two exhibits were admitted into evidence.

FINDINGS OF FACT

1. On or about January 27, 1988, a DOT sign inspector observed Respondent's sign along U. S. 19 in the vicinity of S. R. 595. The sign had no permit attached, and DOT records revealed no permit has ever been issued for this sign.

   
   

2. The sign is visible from U. S. 19.

   
   

3. U. S. 19 is a federal aid primary highway.

   
   

   CONCLUSIONS OF LAW

   
   

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

5. Section 479.07(1), Florida Statutes (1987), provides:

   
   

   Except as provided in Section 479.16, a person may not erect, operate, use, or maintain, or cause to be erected, operated, used, or maintained, any sign on the State Highway system outside an incorporated area or on any portion of the interstate or federal-aid primary highway system without first obtaining a permit for

   the sign from the department and paying

   the annual fee as provided in this section.

   
   

6. Respondent's sign does not come under any of the exceptions contained in Section 479.16, Florida Statutes.

   
   

7. Section 479.105(1)(a), Florida Statutes (1987), provides in part:

   
   

   Upon a determination by the department that a sign is in violation of Section 479.07(1), the department shall prominently post on the sign face a notice stating that the sign is illegal and must be removed within 30 days after the date on which the notice was posted.

   
   

8. From the foregoing, it is concluded that Respondent's sign along U. S.

19 near the intersection of S. R. 595 has no permit and should be removed. It is

RECOMMENDED that Respondent's sign along U. S. 19, 500 feet north of S. R.

595 be removed.

Entered this 2nd day of May, 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 2nd day of May, 1988.

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0458

Patrick A. Foss The Scuba Den

3375 Shoal Line Boulevard Spring Hill, Florida 33526

Gary Kissinger

State Outdoor Advertising Admin. Department of Transportation Haydon Burns Building, MS 22 Tallahassee, Florida 32399-0450

Kaye N. Henderson Secretary

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0450

Thomas H. Bateman, III General Counsel

Department of Transportation

562 Haydon Burns Building Tallahassee, FL 32399-0450

Docket for Case No: 88-000777

Orders for Case No: 88-000777