STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2068T

)

CHIPLEY MOTEL, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, this cause came on for hearing before Delphene Strickland, Hearing Officer, Division of Administrative Hearings Department of Administration in the Conference Room, Department of Transportation, Chipley, Florida, on March 2, 1976, at 11:30 a.m.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

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

For Respondent: Bob Deal, Esquire

Cole and Deal

204-A South Third Street Chipley, Florida 32428

ISSUE

Whether the Respondent is in violation of Sections 479.07(1)(2)(3)(4) and (6), Florida Statutes; Sections 479.11(1)(2), Florida Statutes; and Section 479.02, Florida Statutes, which require a person to submit am application for a permit, pay permit fees, secure a permit before erecting any outdoor advertising sign. Such permit will not be granted if it is within the prohibited areas of Section 479.11, F.S., and are subject to removal under Section 479.02, F.S.; Section 479.17, F.S.; and Section 479.20, F.S.

FINDINGS OF FACT

1. No permit was applied for or secured for the following described signs: Copy: Chipley Motel

   Location: .15 miles east of State Road 273 (Orange Hill Highway)

   Highway: I-10

   
   

   Copy: Chipley Motel

   Location: 3-9/10 miles east of State Road 77 Highway: U.S. 90

   
   

   Copy: Chipley Motel Restaurant

   Location: 1-4/10 miles west of State Road 77, South side

   Highway: I-10

   
   

2. No permit was applied for before subject signs were erected and subject signs are nearer than 660 feet from the nearest edge of an interstate highway.

   
   

   CONCLUSIONS OF LAW

   
   

3. Chapter 479 F.S., regulates the outdoor advertising signs along the highways of the State of Florida. The Petitioner, Department of Transportation, is required to enforce the provisions of the outdoor advertising acts. The Respondent is in violation of the sections of the statute which require outdoor advertising signs to be permitted by the Department of Transportation and such signs are ineligible for permits inasmuch as they violate the set back requirements of the statute.

RECOMMENDATION

Remove subject signs if they are not removed by the Respondent within ten days after the entry of a final order.

DONE and ORDERED this 7th day of May, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Bob Deal, Esquire Cole and Deal

204-A South Third Street Chipley, Florida 32428

Docket for Case No: 75-002068

Orders for Case No: 75-002068