STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2177T

) NATIONAL ADVERTISING COMPANY, )

)

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 16 January 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: John J. Rimes, Esquire

Department of Transportation Room 562, Haydon Burns Building 605 Suwannee Street

Tallahassee, Florida 32301 For Respondent: No one was present.

By Notice of Alleged Violation dated 3 April 1978, the Department of Transportation, Petitioner, seeks to have sign owned by National Advertising Company, Respondent, located on U.S. 19, 10.54 miles south of Citrus County Line, removed. As grounds therefor it is alleged that the sign is nonconforming and does not have a valid permit.

At the commencement of the hearing, Petitioner, by and through its attorney, stated that he and William Rowland, attorney for Respondent, had agreed to enter into a stipulated set of facts and request the Hearing Officer withhold the issuance of his Recommended Order pending the decision of the District Court of Appeal in the case involving Layman Walker v. DOT and the other cases which involved delinquent fees as does the instant case.

It was agreed that the stipulated facts would be submitted to the Hearing Officer within two weeks from 16 January 1979.

Considerably more than two weeks has elapsed and no stipulated facts have been submitted. The District Court of Appeal's decision in the Walker case (and other similar cases) has become final. Those cases held that the Petitioner cannot refuse to reissue a permit solely on the basis that the sign owner has failed to apply for renewal of the permit.

No facts having been produced at this hearing, Petitioner has failed to sustain the burden of proof placed upon him. It is therefore

RECOMMENDED that these proceedings be dismissed and the case closed. Entered this 6th day of April, 1979.

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:

Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building - Room 562 Tallahassee, Florida 32304

William Marshall Rowland, Jr., Esquire

P. O. Box 305

Orlando, Florida 32802

Docket for Case No: 78-002177

Orders for Case No: 78-002177