STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-104T

) DOT CASE NO. 75-99 OA

CAMP-A-WYLE LAKE RESORT, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on April 2, 1975, commencing at 3:15 p.m. at the Civic Center, Bartow, Florida.

APPEARANCES

For Petitioner: Stephen Moran, Counsel For Petitioner: Arnold Baker, Witness For Respondent: Marvin E. Hunt, Counsel

ISSUE

Whether subject signs violate state and federal laws and should be removed.

FINDINGS OF FACT

1. The following described signs are located in agriculture zones and violate set-back requirements, each being closer than 660 feet from the nearest edge of the road right of way. Copy on each sign advertises the Camp-A-Wyle Lake Resort.

   
   

   U.S. 19 5.29 miles South of Hernando/Citrus City Line

   U.S. 19 2.61 miles North of State Road 50

   U.S. 19 6.04 miles South of Hernando/Citrus City-Line

   U.S. 19 8.83 miles South of Hernando/Citrus City Line

   
   

2. Notice of violation regarding subject signs was properly sent by Complainant and received by Respondent.

   
   

3. No application was made or permit for erecting subject signs issued and the signs have no permit tags placed on them.

   
   

   CONCLUSIONS OF LAW

4. Chapter 479, Florida Statutes requires that signs may not be erected within 660 feet of federal aid roads unless an application is made, a permit is issued and after erection a tag placed thereon. The permit will not be issued if the proposed sign violates the set-back requirement for the area in which the sign is to be erected.

   
   

5. Subject signs were erected without a permit and they are not now eligible for a permit in the present location with present zoning.

RECOMMENDED ORDER

Remove subject signs within ten (10) days from date of Final Order unless Respondent previously removes said signs.

October 15, 1975

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Stephen Moran, Esquire Post Office Box 1249 Bartow, Florida 33830

Marvin E. Hunt, Esquire Post Office Box 1238 Brooksville, Florida

Francis Bayley, Esquire Hearing Examiner

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Billy G. Pelham

Director of Administration Division of Administration Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 75-000104

Orders for Case No: 75-000104