STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TOM CASKINS, JR., )

)

Petitioner, )

)

vs. ) CASE NO. 79-389T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

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 April 12, 1979 at Bartow, Florida.

APPEARANCES

For Petitioner: Tom Gaskins, Jr.

Post Office Box 7 Palmdale, Florida 33944

For Respondent: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

By letter dated February 12, 1979 Tom Gaskins, Jr., Petitioner, requested a hearing on the Department of Transportation's (Respondent) denial of his application to erect nine signs on SR 29 between LaBelle and Palmdale.

At the hearing Petitioner testified in his own behalf, Respondent called one witness and three exhibits were admitted into evidence.

FINDINGS OF FACT

1. Petitioner proposes to erect nine signs along SR 29 advertising the Cypress Knee Museum located in Palmdale, Florida.

   
   

2. The signs are unique in that they are comprised of tree limbs with letters one foot high also made from parts of limbs formed to make the letters which carry interesting messages regarding the Cypress Knee Museum.

   
   

3. Many people would consider these proposed signs add to the beauty of the natural scenery bordering SR 29 and not to detract therefrom.

   
   

4. SR 29 is a federal-aid primary highway.

5. The location of the proposed signs is zoned agricultural. No effort has been made by Petitioner to get zoning changes for the proposed location for these signs.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

   
   

7. Section 479.111 Florida Statutes 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 zoned areas subject to agreement established by s. 479.02.

   
   

8. Section 479.01 Florida Statutes contains various definitions including:

   
   

   1. "Sign" means any outdoor sign, display, device, figure, pointing, drawing,

      message, placard, poster, billboard, or other thing, whether placed individually or on a

      V-type, back-to-back, or double faced display, designed, intended, or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main traveled way of the interstate, federal-aid primary highway system or the State highway system.

      
      

9. No evidence was presented that Petitioner's proposed signs do not fit the definition of sign contained in the statutory provision above quoted. To the contrary photographs of Petitioner's signs entered in to evidence as Exhibits 2 and 3 clearly show the proposed signs are intended to be informative and advertise Petitioner's business, the Cypress Knee Museum.

   
   

10. From the foregoing it is concluded that the structure proposed for erection by Petitioner are signs as defined by Section 479.01 Florida Statutes, that SR 29 is a federal-aid primary highway, that the location proposed for these sign is not zoned commercial and industrial, and that Section 479.111 Florida Statutes precludes the erection of signs under these conditions. It is therefore

RECOMMENDED that the petition be dismissed and the Department of Transportation adhere to its initial disapproval of these applications.

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

COPIES FURNISHED:

Tom Caskins, Jr.

Owner

Cypress Knee Museum Post Office Box 7

Palmdale, Florida 33944

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

Mr. Richard C. Hurst Administrator

Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 79-000389

Orders for Case No: 79-000389