STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-743T

) SIMBO'S RESTAURANT-AUTO-TRUCK ) STOP, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above styled cause was heard before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, Department of Administration, in the Conference Room of the Department of Transportation, Chipley, Florida on September 16, 1976 beginning at 10:40 a.m.

APPEARANCES

For Petitioner: George L. Waas, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

For Respondent: J. C. Bodiford, Esquire

Post Office Box 1022 Panama City, Florida

ISSUE

Whether two signs owned by Respondent Simbo's Restaurant-Auto-Truck Stop, one located along Interstate 10 approximately .8 of a mile east of State Road 79 and the other located along Interstate 10 approximately .8 of a mile west of State Road 79, each bearing the copy: "Simbo's Restaurant-Auto-Truck Stop Next Exit-Open 24 Hours", are in violation of Section 479.07, Florida Statutes and Section 479.11, Florida Statutes, neither of which have been granted a permit and both of which are within twenty (20) feet of the right-of-way of Interstate 10.

FINDINGS OF FACT

1. No permit has been issued to or is affixed to either of the subject signs.

   
   

2. The distance from the fence running parallel to Interstate 10 to the sign located approximately .8 of a mile west of State Road 79 is fourteen and one-half feet. The distance from the fence running parallel to Interstate 10 to the sign located approximately .8 of a mile east of State Road 79 is five and

   eight-tenths feet. The distances from both signs to the edge of the right-of- way of Interstate 10 are less than five hundred (500) feet.

   
   

3. No application for the erection of either sign was made prior to the erection of the signs.

   
   

4. These signs were erected in the first half of the year 1976 on private property. The Respondent contends that the classifications established in the Florida Outdoor Advertising Law, Chapter 479, violated the equal protection clause of the 14th Amendment of the United States Constitution. There is no merit to this contention.

   
   

   CONCLUSIONS OF LAW

   
   

5. The signs of Respondent violate Section 479.07(1) and (6) which requires a valid permit to be affixed to each outdoor advertising sign along the highways .of the State of Florida. Neither of the subject signs have a permit affixed thereto.

   
   

6. Section 479.11(1), Florida Statutes, prohibits outdoor advertising signs "within 660 feet of the nearest edge of the right-of-way of all portions of the interstate system." The evidence establishes that both signs are located less than five hundred (500) feet from the pavement of Interstate 10 and therefore are in violation of both Section 479.11(1) and 479.11(2).

RECOMMENDATION

Remove subject signs if such signs have not been removed by the owner within ten (10) days after the final order herein.

DONE and ORDERED this 5th day of January, 1977 in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

J. D. Bodiford, Esquire Post Office Box 1022 Panama City, Florida 32401

Mr. J. E. Jordan

District Sign Coordinator Department of Transportation

Post Office Box 607 Chipley, Florida 32428

Docket for Case No: 76-000743

Orders for Case No: 76-000743