STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN BERARDI, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1083T

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings by its duly authorized Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 23 July 1980 in Bartow, Florida.

APPEARANCES

For Petitioner: John B. Berardi

102 Perry Avenue Auburndale, Florida 33823

For Respondent: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

By letter dated June 6, 1980, John Berardi, Petitioner, requested a hearing on Florida Department of Transportation's (DOT or Respondent) denial of his application for a permit for a sign located along 1-4 near the intersection of SR 557, 15.51 miles east of US 98. DOT contends this sign is in an area zoned other than industrial and commercial and is within 500 feet of a permitted sign. Petitioner contends only that the sign was erected on or before 1970, and he believes the sign was once permitted. Two witnesses including Petitioner were called, four exhibits were admitted into evidence, and the parties entered into a factual stipulation.

FINDING OF FACT

1. In 1970 Petitioner bought Dino's Restaurant and acquired four signs advertising this business. One of these signs was on the business premises and the others along 1-4.

   
   

2. The sign in question is located at the base of a Phillips 66 high rise sign owned by Partin Oil Company. The oil company does not object to Petitioner's sign on their property so long as it does not jeopardize the legality of their sign.

3. The area in which this sign is located is not zoned commercial or industrial.

   
   

4. Although Petitioner contends he purchased tags for his signs in the early 1970's he produced a tag for only one of these signs, and that was net for the sign here involved.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Section 479.07, Florida Statutes, generally provides that no person shall erect an outdoor advertising sign along an interstate or federal-aid primary highway without first obtaining a permit there for from the Department of Transportation.

   
   

7. Section 479.111, Florida Statutes, provides, inter alia, that signs may be permitted only in commercial and industrial zoned or commercial and industrial unzoned areas.

   
   

8. Rule 14.10-06, Florida Administrative Code, provides that on Interstate Highways no two structures shall be spaced less than 1,000 feet apart on the same side of the highway facing the same direction.

   
   

9. Petitioner presented no evidence to show that this sign was ever permitted, and Respondent's records contain no information to indicate the sign was ever permitted. No tag was found on the structure.

   
   

10. From the location of the sign it is clear that the sign is in violation of the statutes and rules above noted, and a permit cannot be issued or a sign at this location. It is therefore

RECOMMENDED that the petition of John Berardi for a permit authorizing a sign adjacent to 1-4, 15.51 miles east of US 98 be dismissed. It is further

RECOMMENDED that Mr. Berardi be given 30 days in which to remove this illegal sign and in the event this is not accomplished within this period, that the Department of Transportation remove the sign.

ENTERED this 15th day of August, 1980.

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

(904) 488-9675

COPIES FURNISHED:

Mr. John B. Berardi

102 Perry Avenue Auburndale, Florida 33823

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

Docket for Case No: 80-001083

Orders for Case No: 80-001083