STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, ) STATE OF FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1061T

)

ARROWHEAD CAMPSITES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this case on October 6, 1978, in Chipley, Florida.

APPEARANCES

For Petitioner: Frank H. King, Esquire

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32304

For Respondent: James P. Appleman, Esquire

206 Market Street Post Office Box 385

Marianna, Florida 32446

The State of Florida, Department of Transportation ("DOT") issued an Alleged Violation and Notice to Show Cause (petition) against Respondent on March 28, 1978. On April 26, 1978, the Respondent filed a request for an administrative hearing pursuant to Section 120.57, Florida Statutes.

Thereafter, in accordance with the provisions of Section 120.57(1)(b)(3), Florida Statutes, DOT requested that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notice dated August 30, 1978.

In the petition, DOT charges that two sign structures owned by Respondent and located in Jackson County, Florida, violate various provisions of the Florida Statutes and rules promulgated pursuant thereto. Specifically, DOT alleges that one sign located on Interstate 10 one mile east of State Road 71 in Jackson County violates Section 479.07, Florida Statutes and Rule 14-10.04, Florida Administrative Code for failure to have a permit and Section 479.11(1), Florida Statutes, and Rule 14-10.05, Florida Administrative Code in that it is within 660 feet of the nearest edge of the right-of-way of a portion of the interstate highway system. In addition, DOT alleges that another sign structure owned by Respondent on Interstate 10, .6 miles west of State Road 69 in Jackson County violates Section 479.07, Florida Statutes, and Rule 14-10.04, Florida

Administrative Code, in that it has no permit; violates Section 479.11(1), Florida Statutes and Rule 14-10.05, Florida Administrative Code for improper setback from an interstate highway; and violates Section 479.02, Florida Statutes and Rule 14-10.06, Florida Administrative Code for improper spacing from an interchange on an interstate highway outside an incorporated town or city.

At the final hearing, DOT called Jim Williams as its witness. The Respondent called William P. Reddoch as its only witness. DOT offered Plaintiff's Exhibit #1, a May 9, 1978, letter from counsel for Respondent, which was received into evidence.

FINDINGS OF FACT

1. Respondent, Arrowhead Campsites, owns a sign located one mile east of State Road 71 on Interstate Highway 10 in Jackson County, Florida. The sign is located 139 feet from the edge of the highway, and is clearly visible from the main traveled portion of that highway. At the time of the petition in this case, no permit tag was located on the sign, and, additionally, no permit tag was on the sign when last inspected on October 2, 1978, four days prior to hearing in this cause.

   
   

2. Respondent, Arrowhead Campsites, owns a sign located .6 miles west of State Road 69 on Interstate Highway 10 in Jackson County, Florida. This sign is clearly visible from the main traveled portion of the roadway, and is located

   188 feet from the edge of the roadway. In addition, the sign is located 240 feet from an interchange on Interstate Highway 10. At the time the petition in this cause was filed on March 28, 1978, no permit tag was located on the sign, and, further, no permit tag was located on the sign on October 2, 1978, four days prior to the hearing in this cause.

   
   

3. Both the sign located one mile east of State Road 71 on Interstate Highway 10 and the sign located .6 miles west of State Road 69 on Interstate Highway 10 bear copy advertising Arrowhead Campsites.

   
   

4. Both of the signs in question are located outside any incorporated city or town.

   
   

5. Any proposed findings of fact submitted by Respondent and not incorporated in this recommended order are specifically rejected.

   
   

   CONCLUSIONS OF LAW

   
   

6. As of the time of the filing of the petition in this cause on March 28, 1978, the sign belonging to Respondent and located on Interstate Highway 10 one mile east of State Road 71 in Jackson County, Florida, was in violation of Section 479.07(1) Florida Statutes, and Rule 14-10.04 Florida Administrative Code, in that it was constructed, erected, operated, used or maintained without first obtaining and affixing a permanent permit tag from DOT. Additionally, this sign was also in violation of Section 479.11(1), Florida Statutes, and Rule 14-10.05, Florida Administrative Code in that it was constructed, erected, used, operated or maintained within 660 feet of the nearest edge of the right-of-way of a portion of Interstate Highway 10 in Jackson County, Florida.

   
   

7. At the time of the filing of the petition in this cause on March 28, 1978, the sign belonging to Respondent and located on Interstate Highway 10 .6 miles west of State Road 69 in Jackson County, Florida, was in violation of

   Section 479.07(1) Florida Statutes, and Rule 14-10.04, Florida Administrative Code in that it was constructed, erected, operated, used, or maintained without first obtaining and affixing a permanent permit tag from DOT. The sign was also in violation of Section 479.11(1), Florida Statutes and Rule 14-10.05, Florida Administrative Code in that it was located within 660 feet of the nearest edge of a portion of Interstate Highway 10. Finally, the sign also was in violation of Section 479.02, Florida Statutes and Rule 14-10.06, Florida Administrative Code in that it was located within 500 feet of an interchange on Interstate Highway 10.

   
   

8. Section 479.17, Florida Statutes provides that:

Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted, or displayed in violation of this chapter is hereby declared to be a public and private nuisance and shall be forthwith removed, obliterated or abated by the department. . .

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED:

That a final order be entered by the State of Florida, Department of Transportation finding that the two signs located in Jackson County, Florida belonging to Respondent, Arrowhead Campsites, are in violation of the above referenced statutes and regulations, and requiring that the signs be removed, obliterated or abated as a public nuisance.

RECOMMENDED this 5th day of January, 1979, in Tallahassee, Florida.

WILLIAM E. WILLIAMS

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Frank H. King, Esquire Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32304

James P. Appleman, Esquire Post Office Box 385 Marianna, Florida 32446

Docket for Case No: 78-001061

Orders for Case No: 78-001061