STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1938T

)

JERRY GRUBBS, )

)

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 February 18, 1976, in Room 104, Collins Building, Tallahassee, Florida.

APPEARANCES

For Petitioner: Philip Bennett, Esquire

Staff Counsel

Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: Jerry A. Grubbs represented himself.

ISSUE

Whether the Respondent is in violation of sections 479.07(1)(2)(4)(6), 479.11(1)(2) and 479.02, Florida Statutes.

Whether subject signs violate State and Federal laws and should be removed.

FINDINGS OF FACT

1. The following described signs are located in unzoned areas and violate set back requirements each being closer than 660 feet from the nearest edge of the road right-of-way:

   
   

   Highway: I-10 Mile West Junction 19; Location: 1/2 Mile West Junction 19 Copy: Standard Oil Gas This Exit

   
   

   Highway: US 19

   Location: 200 feet from West Exit to I-10-North of I-10 Copy: Standard Oil Gas

   Highway: I-10

   Location: 4 7/10 Miles East of Junction US 19 & I-10 Copy: Gas Next Exit on Left - Chevron

   
   

2. Notice of violation regarding subject signs were properly sent by the Department of Transportation and received by Respondent.

   
   

3. No application was made nor permit for the erection of subject signs issued and the signs had no permit tags placed on them.

   
   

4. The Respondent admitted that he had not applied for permits and that the signs were placed nearer than 660 feet from the nearest edge of the road right-of-way and that they were not within the statutory allowance from Respondent's business.

   
   

5. Respondent contends that the signs are needed by the general public who travel the road on which his signs are erected, that it is important to his business interests to have these signs and that the federal and state laws should not deprive the public from the benefit of such signs.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

DONE and ORDERED this 29th day of March, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Philip Bennett, Esquire Staff Counsel

Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Mr. Jerry Grubbs Standard Oil Station

Monticello, Florida 32344

Docket for Case No: 75-001938

Orders for Case No: 75-001938