STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 80-080T

)

GLENN SWICEGOOD, )

)

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 at Jacksonville, Florida on 11 March 1980.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32301

For Respondent: Paul M. Harden, Esquire

2601 Gulf Life Tower Jacksonville, Florida 32207

By Notice of Alleged Violation dated 28 November 1979, the Department of Transportation (DOT, or Petitioner) alleges that Glenn Swicegood's, Respondent, sign on SR-200, 10.34 miles east of U.S. 1 is in violation of Florida Statutes and regulations pertaining to outdoor advertising signs. Specifically, it is alleged that the sign is without a permit in violation of Section 479.07(1), Florida Statutes, and is in an area not zoned commercial or industrial in violation of Section 479.111(2), Florida Statutes.

One witness was called by Petitioner and 4 exhibits were admitted into evidence. At the commencement of the hearing Respondent stipulated that Glenn Swicegood is trustee for the owner of the sign alleged to be in violation.

FINDINGS OF FACT

1. Respondent is trustee for the owner of the sign advertising Riverfront Lots located adjacent to State Road 200 (A1A) 10.34 miles east of U.S. 1. SR 200 is a federal-aid primary highway.

   
   

2. No permit has ever been issued for this sign and the land on which the sign is erected is zoned Open Rural.

   CONCLUSIONS OF LAW

   
   

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

   
   

4. Section 479.07(1), Florida Statutes, provides generally that no person shall erect an outdoor advertising sign along a federal-aid primary highway without obtaining a permit for such structure from the Department of Transportation.

   
   

5. Section 479.111, Florida Statutes, authorizes the erection of outdoor advertising signs along federal-aid primary highways only in commercial and industrial zoned or commercial and industrial unzoned areas. No such sign may be erected in areas zoned outdoor rural or anything else except commercial and industrial.

   
   

6. From the foregoing it is concluded that Respondent's sign alongside SR 200, 10.34 miles east of U.S. 1 is in violation of Sections 479.07(1) and 479.111, Florida Statutes, as alleged and should be removed. It is therefore

RECOMMENDED that Respondent be ordered to remove the offending sign within

30 days and, if not so removed, then DOT should take appropriate action to remove the offending sign.

Entered this 31st day of March, 1980.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Charles G. Gardner, Esquire Florida Department of Transportation

Paul M. Harden, Esquire 2601 Gulf Life Tower Jacksonville, Florida 32207

Docket for Case No: 80-000080

Orders for Case No: 80-000080