STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, ) DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-856T

)

TRI-STATE SYSTEMS, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 12 July 1978 at Bartow, Florida.

APPEARANCES

For Petitioner: John J. Rimes, III, Esquire

Room 562, Haydon Burns Building 605 Suwannee Street

Tallahassee, Florida 32304

For Respondent: Respondent, or representative,

was not present.

By Notice of Alleged Violations dated 28 March 1978 the Department of Transportation (DOT), Petitioner, seeks removal of 2 signs owned by Respondent on US 41, 0.6 and 3.88 miles south of SR 50; of one sign on US 98, 11.56 miles north of US 41; and of one sign on 1-75, 10.43 miles north of the 1-4/1-275 Junction. As grounds therefor it is alleged that none of these signs have permits and the sign on 1-75 is in an area not zoned commercial or industrial. At the hearing Petitioner withdrew the allegation that the sign on US 41, 0.6 miles south of US 50, is not permitted. Thereafter two witnesses were called by Petitioner and 4 exhibits were admitted into evidence.

FINDINGS OF FACT

1. Tri-State Systems owns the sign located on US 41, 3.88 miles south of SR 50, the sign on US 98, 11.56 miles north of US 41 and the sign on 1-75, 10.43 miles north of the 1-4/1-275 junction. All of these signs are without permits.

   
   

2. Petitioner's agents have talked to Respondent's agents and advised them of the requirements for permitting the signs. Respondent has filed application for permit for the sign on US 41, 3.88 miles west of SR 50 and Petitioner is awaiting a copy of Respondent's lease agreement to obtain the legal description to ascertain if the location was zoned commercial or industrial.

3. The sign located on US 98, 11.56 miles north of US 41 is in an area zoned agricultural and a zoning of commercial would be inconsistent with the area. All highways here involved are federal-aid primary highways.

   
   

4. The sign on 1-75 has not been permitted since 1971 and the zoning of the area in which the sign is located is agricultural.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of the hearing.

   
   

6. Section 479.07 Florida Statutes provides no person shall erect or operate a sign along any federal-aid primary highway without first obtaining a permit from DOT.

   
   

7. Limitations on the granting of such permits are contained in Section

   479.111 Florida Statutes which provides in pertinent part:

   
   

   Only the following signs shall be permitted within controlled positions of the interstate and federal-aid primary systems:

   (2) Signs in commercial and industrial zoned or commercial and industrial unzoned areas subject to agreement established by

   Sec. 479.02.

   
   

8. Since none of the signs have been permitted all are in violation. However, one of the three signs here involved appears permittable providing Respondent can establish the zoning which will authorize the sign at this location. The other two signs on US 98 and 1-75 cannot meet the zoning requirements for signs and must be removed. A From the foregoing it is concluded that Respondent's sign on US 41, 3.88 miles south of SR 50, may be permitted if Respondent can establish that the sign is on property zoned commercial and industrial. It is further concluded that Respondent's signs on US 98, 11.56 miles north of US 41 and on 1-75, 10.43 miles north of 1-4/1-275 junction, are in areas where no permit may issue because of the zoning.

It is therefore

RECOMMENDED that Tri-State Systems, Inc. be required to remove the signs located on US 98, 11.56 miles north of US 41, and on 1-75, 10.43 miles north of 1-4/1-275 junction. It is further

RECOMMENDED that Respondent be given 30 days from the date of this Recommended Order to establish to the satisfaction of Petitioner that the zoning of the site of its sign on. US 41, 3.88 miles south of SR 50, is commercial and industrial; and in the event it fails to so satisfy Petitioner, the sign be removed.

DONE AND ENTERED this 28th day of July, 1978, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

John J. Rimes, III, Esquire Room 562, Hayden Burns Building 605 Suwannee Street

Tallahassee, Florida 32304

Mr. Ron Gay

Tri-State Systems, Inc.

P. O. Drawer 1247 Tifton, Georgia 31794

Docket for Case No: 78-000856

Orders for Case No: 78-000856