STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 80-706T

)

LAZY J ADVENTURES, )

)

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 25 February 1980 the Department of Transportation (Petitioner or DOT) seeks removal of an outdoor advertising sign owned by Lazy J Adventures, Respondent, located on State Road 80 15.46 miles west of the Hendry County Line. As grounds for removal of the sign it is alleged that the sign is not permitted and is located less than 500 feet from an existing sign facing the same direction.

By letter dated March 24, 1980 Lazy J Adventures by Don L. Hilgeman requested the hearing here involved. The Notice of Hearing dated April 23, 1980 scheduling this hearing to commence at 2:30 p.m. on 11 June 1980 was sent by United States mail to the address on Respondent's letter of March 24, 1980 and was not returned to the sender. After waiting until 2:45 p.m. the hearing was commenced. Thereafter, one witness was called by Petitioner, and one exhibit was admitted into evidence.

FINDINGS OF FACT

1. Lazy J Adventures is the owner of a sign erected alongside State Road

   80 15.46 miles west of the Hendry County Line. This sign is an outdoor advertising sign as defined by the Florida Statutes. The sign in question does not have a permit attached to it, and Petitioner has no record that a permit for this sign was ever requested or issued.

2. The sign is located alongside State Road 80, which is a federal-aid primary highway. It is located 474 feet from a permitted sign owned by Florida Outdoor Advertising and is on the same side of State Road 80 and facing in the same direction as the Florida Outdoor Advertising sign.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

4. 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.

   
   

5. Rule 14-10.06, Florida Administrative Code, provides that along federal-aid primary highways no two structures shall be spaced less than 500 feet apart on the same side of the highway facing in the same direction.

   
   

6. The sign here involved is in violation of both of the above noted directives.

   
   

7. From the foregoing it is concluded that the sign owned by Lazy J Adventures on State Road 80 15.46 miles west of the Hendry County Line has no permit, and a permit for a sign in this location could not be granted if requested. It is therefore

RECOMMENDED that Respondent he given 30 days in which to remove this sign and in the event compliance is not received within that time period Petitioner take appropriate steps to have this 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

Mr. Don Hilgeman Lazy J Adventures

1263 Golden Lake Road

Fort Myers, Florida 33905

Docket for Case No: 80-000706

Orders for Case No: 80-000706