STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2193T

)

EVERGLADES TOURS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 13, 1984, in Miami, Florida. A transcript of the proceeding was received by this Division on April 17, 1984. The parties stipulated that the hearing herein officially closed on the date that the transcript was received by this Division.

APPEARANCES

For Petitioner: Vernon L. Whittier, Jr., Esquire

Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32301

For Respondent: Mr. John Hudson, Owner 1/

Everglades Tours Post Office Box 907

Homestead, Florida 33090

ISSUE

The issue presented for decision herein is whether or not the sign involved herein located, on the west side of State Road 9336, 2 miles south of Palm Drive (S.W. 344 Street) in Florida City, has a state sign permit and has been maintained in an unsightly and insecure condition.

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact.

   
   

2. John Hudson is the owner of Everglades Tours. The sign in question is located on the west side of State Road 9336, 2 miles south of Palm Drive (S.W.

   344 Street) in Florida City. Mr. Hudson erected the sign in question after checking with an independent advertising sign company and determined that the cost for contracting to have the sign erected was cost prohibitive.

3. The sign in question bears the following legend: Alligator in the Wild

   - Wowee! Airboat, with an arrow showing the direction of Everglades Tours. (Petitioner's Exhibit 7 and 8)

   
   

4. The sign in question is located 30 feet south of the intersection of State Road 9336 and 192 Avenue. The zoned right of way at this location is 125 feet. (Petitioner's Exhibit 7)

   
   

5. The location of the sign was inventoried and its location measured by Petitioner's Outdoor Advertising Manager, William C. Kenney, III. There is no sign permit for this sign. The sign is not permanently attached to the ground and is not securely mounted on what appears to be a rusty swing set. The location of the sign is within an area zoned GU. The erection of commercial signs in an area zoned GU is Prohibited. (Testimony of William C. Kenney, III)

   
   

6. Respondent was served a copy of the Notice of Violation for the subject sign on June 7, 1983. Respondent does not dispute the factual allegations set forth in the Notice of Violation. Respondent's position is simply that he contacted an independent advertising agency who advised that a temporary sign, as Respondent contends that this is, would have been permitted by an independent advertising agency.

   
   

   CONCLUSIONS OF LAW

   
   

7. Competent and substantial evidence was introduced herein to establish that the sign in question has not been permitted as required by Section 479.07(1), Florida Statutes.

   
   

8. The subject sign, being situated on a state road, is being maintained in an unsightly and insecure condition on the west side of State Road 9336 (Highway 27 South), 2 miles south of Palm Drive in Florida City. As such, evidence herein adduced, and it is herein concluded, that this sign is being maintained in violation of Section 479.11(7), Florida Statutes, and Chapter 14 10.05(1)(h), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Petitioner, Department of Transportation, issue a Final Order ordering the removal of the sign involved herein.

RECOMMENDED this 18th day of May, 1984, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 18th day of May, 1984.

ENDNOTE

1/ Appearing in proper person.

COPIES FURNISHED:

Vernon L. Whittier, Jr., Esquire Department of Transportation

605 Suwannee Street

Tallahassee, Florida 32301

Mr. John Hudson Everglades Tours

P. O. Box 90700 Homestead, Florida 33090

Paul Pappas, Secretary Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32301

Docket for Case No: 83-002193

Orders for Case No: 83-002193