STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 79-990T

)

BLUE WATERS MOTEL, and )

CASIMIR and IRENE MISKA, )

)

Respondents. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on March 30, 1982, in Marathon, Monroe County, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case began with the filing of a Notice of Violation by the Department of Transportation alleging that Respondents were in violation of Section 479.11, Florida Statutes.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondents: Did not appear and was not represented ISSUE

Are the Respondents in violation of Section 479.11(6), Florida Statutes, by owning or maintaining an outdoor advertising sign in the Department of Transportation's right-of-way?

FINDINGS OF FACT

1. Two signs advertising Blue Waters Motel and located in the vicinity of said motel are located in the right-of-way of Highway US 1.

   
   

2. The location of these signs was fixed by a survey conducted by a Florida registered land surveyor with reference to official Department of Transportation right-of-way maps developed from the official court records of property ownership.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction to hear this cause and enter this Recommended Order pursuant to Section 120.57(1), Florida Statutes. The Department of Transportation is charged with the regulation of

   outdoor advertising signs and regulation of the right-of-way of state roads by Chapter 479, Florida Statutes.

   
   

4. Section 479.11(6), Florida Statutes, provides that no advertising sign shall be upon any right-of-way of any state- maintained road. The evidence presented shows that two advertising signs advertising Blue Waters Motel and located in the vicinity of said motel are located within the right-of-way of Highway US 1. Both signs are in violation of Section 479.11(6), Florida Statutes.

RECOMMENDATION

Having shown the subject signs to be in violation of Section 479.11(6), Florida Statutes, the Department of Transportation should give the owner of the signs 30 days to remove the signs. If the signs are not removed within that time period, the Department should remove the signs from its right-of-way.

DONE and ORDERED this 8th day of April, 1982, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of April, 1982.

COPIES FURNISHED:

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

Ms. Jane Cerchio

c/o Cerchio Drive and Rifle Camp Road

West Paterson, New Jersey 07424 and

c/o Blue Waters Motel

222 Overseas Highway, MM48 Marathon, Florida 33050

Paul N. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Docket for Case No: 79-000990

Orders for Case No: 79-000990