STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1578T

) SPACE CENTER CAMPGROUND, owned )

and operated by Sunshine State ) Campgrounds, Inc., )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, a public hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, at the Department of Transportation, District Office Two, South Marion Street, Lake City, Florida, on September 13, 1976 at 11:45 a.m.

APPEARANCES

For Petitioner: George L. Waas, Esquire

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

For Respondent: L. C. Morehead, Jr.

Space Center Campground Route 2, Box 66-K7 Titusville, Florida 32780

ISSUE

Whether the Respondent is in violation of Chapter 449; Section 335.13, F.5.; Section 339.301, F.S.; and the federal and state rules and regulations by erecting a sign approximately twenty-five (25) feet from the nearest edge of the right-of-way of State Road 20 (U.S. 27) without a permit from Petitioner Florida Department of Transportation.

FINDING OF FACT

1. A notice of alleged violations was sent to Respondent dated February 16, 1976 stating that pursuant to the applicable provisions of Chapter 479, Section 335.13 and Section 339.301, F.S., and pursuant to the provisions of Section 120.57, F.S., the Respondent was thereby notified that the sign structure located 04.99 miles east of Perry city limits on State Road 20 (U.S.

   27) was in violation of provisions of Chapter 479, Section 335.13 and Section 339.301, F.S.

2. The subject sign was identified as follows:

   
   

   Copy - Campground

   Location - 04.99 miles east of Perry city limits Highway - State Road 20 (U.S. 27)

   
   

3. Prior to the hearing a letter was received by the Petitioner from Respondent Space Center Campground through its secretary-treasurer, L. C. Morehead, Jr., requesting an administrative hearing and the Petitioner requested the Division of Administrative Hearings to hear the same.

   
   

4. A letter requesting a jury trial was received by the Hearing Officer and a letter was sent advising Respondent that there was no provision for jury trial under Section 120.57, F.S., but that he might proceed to the Circuit Court under Section 120.73, F.S. He did not so proceed and appeared at this administrative hearing.

   
   

5. The subject sign had no permit, was approximately twenty-five (25) feet from the nearest edge of the right-of-way but was removed prior to the hearing.

   
   

6. The Hearing Officer further finds:

   
   

   1. That the removal of a sign prior to a noticed hearing and the re- erection of said sign after a hearing is an attempt to thwart the intent of the state and federal laws, rules and regulations.

      
      

   2. It is the duty of the Department of Transportation under Chapter 479, F.S., Chapter 335, F.S., and Chapter 339, F.S., to enforce the outdoor advertising laws of the State of Florida. The Respondent, Space Center Campground, has had a hearing, as provided in Chapter 120, F.S., and as provided in Section 479.17, F.S., and Section 335.13, F.S. The sign identified in Paragraph 1, supra, was in violation of the laws of Florida as charged in the Violation Notice dated February 16, 1976.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Florida Department of Transportation is required to enforce the outdoor advertising laws of the state and federal governments under the provisions of Chapter 479, Chapter 339, and Chapter 335, F.S. Proper notice was given of the violations which are the subject of this hearing.

RECOMMENDATION

Dismiss the Petition.

DONE and ORDERED this 23rd day of November, 1976, 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 Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

L. C. Morehead, Jr. Space Center Campground Route 2, Box 66-K7

Titusville, Florida 32780

Don Simmons, Executive Director Florida Campground Association, Inc.

P.O. Box 10084

Tallahassee, Florida 32302

Mr. Frank Whitesell

P.O. Box 1089

Lake City, Florida

Mr. O. E. Black, Administrator Outdoor Advertising

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 76-001578

Orders for Case No: 76-001578