STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BILL OUSLEY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1431T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing was held in the above styled cause on November 15, 1977, at 10:00 A.M. in Room 104, Collins Building, Tallahassee, Florida, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.

APPEARANCES

For Petitioner: J. David Holder, Esquire

Barrett, Boyd and Holder Post Office Box 1501 Tallahassee, Florida 32302

For Respondent: Philip S. Bennett, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

ISSUE

Whether the sign of the Petitioner should be removed for violating permit and setback requirements of the state and federal laws, rules and regulations.

FINDINGS OF FACT

1. Upon calling the hearing to order the attorneys for the parties stated that they had reached an agreement and stipulated as follows:

   
   

2. The Petitioner, Bill Ousley, will remove the sign, the subject of the violation notice, located 180 feet south of Junction State Road S-270 on The Seaboard 27 within forty-five (45) days from date of this hearing. Petitioner further agrees that it will furnish to Respondent written notice of said removal and will not erect any other outdoor advertising signs without a permit from the Respondent, Department of Transportation.

   CONCLUSIONS OF LAW

   
   

3. The Respondent, Department of Transportation, has the function and duty of administering and enforcing the outdoor advertising laws of the state under the requirements of Chapter 479, Florida Statutes; Section 335.13, Florida Statutes; Section 339.301, Florida Statutes and the requirements of the agreement dated January 27, 1972, between the Governor and the U.S. Department of Transportation, promulgated pursuant to Section 479.02, Florida Statutes.

c.f. Brazil v. Division of Administration, Department of Transportation, 347 So.2d 755.

The Respondent, Department of Transportation has the authority to enter into the foregoing stipulation with Petitioner and to enforce the same without further administrative hearings.

RECOMMENDATION

Remove the subject sign if it has not previously been removed by the Petitioner within forty-five (45) days from date herewith. Remove any other signs of Petitioner erected without a permit from the Florida Department of Transportation.

DONE and ORDERED this 18th day of November, 1977, in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

COPIES FURNISHED:

J. David Holder, Esquire Barrett, Boyd and Holder Post Office Box 1501 Tallahassee, Florida 32302

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

Docket for Case No: 77-001431

Orders for Case No: 77-001431