Judges: K. N. AYERS
Agency: Department of Transportation
Latest Update: Jul. 03, 1980
Summary: Respondent's sign is in violation of law. Recommend removal of sign.
80-0290.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA DEPARTMENT OF )
TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 80-290T
)
LAMAR CITRUS, )
)
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 11 June 1980 at Bartow, Florida.
APPEARANCES
For Petitioner: Charles G. Gardner, Esquire
Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
For Respondent: Respondent was not present or represented
By Notice of Alleged Violation dated 20 January 1980 the Department of Transportation (Petitioner) seeks the removal of a sign owned by Lamar Citrus, Respondent, located on US 41 7.98 miles south of the Citrus County Line. By letter dated February 12, 1980 James C. Kirkpatrick, Manager of Lamar Citrus, Post Office Box 5531, Lakeland, Florida, requested an administrative hearing on the alleged violation. A copy of the Notice of Hearing dated April 23, 1980 setting 2:00 P.M. 11 June 1980 as the time for the requested hearing was sent by mail to Mr. Kirkpatrick at the address contained on the letterhead of Mr.
Kirkpatrick's letter of February 12, 1980. The Notice of Hearing was not returned as undelivered.
After waiting fifteen minutes past the time scheduled this hearing commenced, and one witness was called by Petitioner and one exhibit was admitted into evidence.
FINDINGS OF FACT
The sign located on US 41, 7.98 miles south of the Citrus County Line is owned by Lamar Citrus, and no permit has been issued for a sign at this location. Furthermore, the land on which this sign is erected is zoned Residential (R 1 A).
US 41 is a federal-aid primary highway, and the sign in question is viewed from US 41. It is an outdoor advertising sign as defined by the Florida Statutes.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.
Section 479.07, Florida Statutes, provides that no person shall erect an outdoor advertising sign along any federal-aid primary highway without first obtaining a permit from the Department of Transportation.
Section 479.111, Florida Statutes, provides that signs may be erected along federal-aid primary highways only on land zoned industrial and commercial.
The sign in question does not have a permit, and the zoning of the site is such that a permit would not be issued if requested.
From the foregoing it is concluded that the sign owned by Lamar Citrus on US 41, 7.98 miles south of the Citrus County Line is an unauthorized sign and should be removed. It is therefore
RECOMMENDED that Lamar Citrus be given 30 days in which to remove this sign and in the event it fails to do so Petitioner take the appropriate steps to have the sign removed.
ENTERED this 16th day of June, 1980, in Tallahassee, Florida.
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 Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Lamar Citrus
Attn: Mr. James Kirkpatrick Post Office Box 3531 Lakeland, Florida 33902
Docket for Case No: 80-000290
Orders for Case No: 80-000290
