STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2195T

)

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

Whether or not the sign, which is the subject of the Administrative Complaint herein, bears a state sign permit as required pursuant to Section 479.07(1), Florida Statutes.

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. By copy of a Notice of Violation dated June 7, 1983, Respondent was notified that a sign advertising his business was not properly permitted in violation of Section 479.07(1), Florida Statutes.

   
   

3. The sign in question was erected and is being maintained by the Respondent. It is located on the east side of S.W. 192 Avenue, 2 miles south of

   Palm Drive. The legend on the sign bears the copy "Airboat Ride - A Must to See the Glades."

   
   

4. A review of the Petitioner's records reveals that there has been no sign permit issued for the subject sign and it is presently being maintained on a state road (State Road 27, also known as State Road 9336). (Testimony of William C. Kenney, III, Outdoor Advertising Manager for District IV)

   
   

5. Respondent does not dispute the factual allegations set forth in the Notice of Violations issued herein. Respondent's position is, simply put, that he rented the subject space to erect his sign from private landowners; that the sign in question is not located in a state-owned right-of-way; that the signs are mobile (portable) and that while he applied for a permit with the Dade County Building and Zoning Department, he was there advised that he would need to seek a variance in order for the sign in question to be permitted. Respondent admits that the Petitioner has not issued a permit for the sign involved herein.

   
   

   CONCLUSIONS OF LAW

   
   

6. Competent and substantial evidence was offered herein to establish that the Respondent has maintained the sign in question on a state road and it is being maintained without a state sign "permit as required pursuant to Section 479.07(1), Florida Statutes

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is herein recommended that the Petitioner, Department of Transportation, issue a Final Order requiring the removal of the sign in question by the Respondent.

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 907

Homestead, Florida 33090

Paul Pappas Secretary

Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32301

Docket for Case No: 83-002195

Orders for Case No: 83-002195