STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1057T

) WALK IN WATER LAKE ESTATES, 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: John J. Priestes

Route 1, Box 289

Lake Wales, Florida 33853

Notice of Alleged Violations dated 1 May 1978 the Department of Transportation (DOT), Petitioner, seeks to require removal of eight signs owned by Walk in Water Lake Estates, Inc., Respondent, on SR 60, 9.34, 9.30, 9.02, 6.8

and 5.83 miles east of US 27 respectively and 11.69, 14.24 and 15.72 miles west of Osceola County line respectively. As grounds therefor it is alleged that none of the signs has been issued a permit and the zoning in the location of the signs does not allow signs.

Respondent's president and owner stipulated that no permit had been issued for the signs because he was unaware of the requirements for such permits and that, at the present time, the signs are located in areas zoned agricultural.

The alleged violations notices were admitted into evidence and two witnesses testified on behalf of Respondent.

FINDINGS OF FACT

1. Respondent owns eight signs on SR 60 which are located in areas not zoned commercial or industrial and for which he has not applied for permits. In addition the sign located 5.83 miles east of US 27 and the sign 15.72 miles west of Osceola County line are too close to existing signs to be permitted.

2. Respondent obtained county permits to erect the signs hut was unaware of the requirement that he obtain a permit from DOT for such signs. Some six months ago Respondent was advised by county officials that he needed zoning changes for the locations of his signs. He has made application for zoning changes and his petition for zoning changes is on the agenda of the County Commission for 8 August 1978.

   
   

3. Respondent stipulated that in the event he failed to obtain the zoning changes he would remove his signs; and, in the event he obtained the zoning changes, he would apply for permits and adjust the position of the two signs which are presently too close to other signs.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. Respondent is now fully aware of the requirements for the maintenance of his signs and has taken steps to bring his signs into compliance with the statute. He has agreed to remove his signs in the event he is unsuccessful in obtaining the zoning changes needed to comply with the statute. It is therefore

RECOMMENDED that Respondent he given 60 days from the date of this Recommended Order to obtain the zoning changes needed for the signs to comply with the law and to apply for permits for these signs. In the event Respondent fails to so apply within the 60-day period it is further

RECOMMENDED that the signs he 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

Mail: Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

John J. Rimes, III, Esquire Department of Transportation Room 562, Haydon Burns Building 605 Suwannee Street

Tallahassee, Florida 32304

Mr. John J. Priestes Route 1, Box 289

Lake Wales, Florida 33853

Docket for Case No: 78-001057

Orders for Case No: 78-001057