STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2235T

)

GULF STATE SIGNS, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designed Hearing Officer, K. N. Ayers, held a public hearing in the above-styled case on April 11, 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondent: Gerald S. Livingston, Esquire

Post Office Box 2151 Orlando, Florida 32802

1. By Notices of Alleged Violations dated September 13, 1978, DOT, Petitioner, seeks to have certain signs owned by Gulf State Signs, Inc., Respondent, removed as being in violation of various statutes and rules.

   
   

2. At the beginning of the hearing the parties, by and through their attorneys, stipulated as follows

   
   

   1. Applications for permits for Respondent's signs on U.S. 17, 1.91 miles south of U.S 92 and 8.26 miles west of SR 60 have been received and the Notice of Violations are withdrawn.

      
      

   2. Respondent will submit complete application and Petitioner will dismiss the alleged violations of Respondents signs on U.S. 17, .08 mile and 1.91 miles south of U.S. 92 and 9.33 miles north of SR

      60 respectively.

      
      

   3. For the signs on U.S. 17 advertising Cypress Gardens/Landmark Motor Lodge, Respondent will submit acceptable applications for permit and upon receipt Petitioner will dismiss the alleged violation.

It is therefore,

RECOMMENDED that upon receipt of acceptable applications for permits on the signs in Paragraphs 2 and above all violations contained in the Notices of Alleged Violations dated September 13, 1978 be dismissed.

ENTERED this 20th day of April, 1979, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of April, 1979.

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Gerald S. Livingston, Esquire Post Office Box 2151

Orlando, Florida 32802

Mr. Richard C. Hurst Administrator Outdoor Advertising

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 78-002235

Orders for Case No: 78-002235