STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1437T

)

BEAVER LAKE CAMPGROUND AND )

COUNTRY STORE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on July 30, 1984, in Tallahassee, Florida.

APPEARANCES

For Petitioner: Philip S. Bennett, Esquire

Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064

For Respondent: No one appeared.

By Notice of Violation dated March 26, 1984, the Department of Transportation seeks to remove a sign owned by the Respondent which has been erected on Interstate 10 approximately 2.5 miles west of State Road 12 in Gadsden County, Florida, for failure to have a state sign permit, for violation of the spacing rule, and for location in an area with unpermittable zoning. By letter dated April 12, 1984, the Respondent requested a hearing on the allegations set forth in the violation notice.

Nevertheless, at the time and place set for a formal administrative hearing by Notice of Hearing issued on June 4, 1984, the Respondent failed to appear, nor was anyone present on the Respondent's behalf. The Petitioner's motion to deem the Respondent's failure to appear at the hearing to be a withdrawal of its request for a hearing was granted, but the Petitioner presented one witness and four exhibits in support of the violation notice out of an abundance of caution.

FINDINGS OF FACT

1. The sign which is the subject of this proceeding is an outdoor advertising structure owned by the Respondent, which has been erected on the south side of Interstate 10, approximately 2.5 miles west of State Road 12 in Gadsden County, Florida, between 10 and 25 feet from the right-of-way fence.

   
   

2. This sign does not have affixed to it a state sign permit, and none has been applied for.

3. The subject sign has been erected a measured 814 feet from another sign which has been permitted by the Department of Transportation.

   
   

4. The location where the subject sign has been erected is an unzoned area Qf Gadsden County. Gadsden County had no zoning at the time when the violation notice was issued.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case, pursuant to Section 120.57(1), Florida Statutes. The Department of Transportation has authority to regulate outdoor advertising signs and issue permits therefor, pursuant to Chapter 479, Florida Statutes.

   
   

6. Section 479.07(1), Florida Statutes, requires all outdoor advertising structures outside incorporated cities or towns to have a permit issued by the Department. The sign which is the subject of this proceeding does not have such a permit, and thus it is in violation of the above statute.

   
   

7. Section 14-10.06(1)(b)2, Florida Administrative Code, known as the spacing rule, requires signs in commercial and industrial zoned and unzoned areas within 660 feet of an Interstate highway to be spaced at least 1,000 feet away from other signs on the same side of the highway facing in the same direction. The subject sign is located adjacent to an Interstate highway in Gadsden County, it is within 660 feet from the right of-way of an Interstate highway, and it is closer than 1,000 feet to an existing and permitted sign along Interstate 10. Thus, the subject sign is in violation of this section of the Code.

   
   

8. Section 479.11(1), Florida Statutes, prohibits the erection of signs within 660 feet of the right-of-way of all portions of the interstate highway system except as provided in Section 479.111, Florida Statuettes. As pertinent to this proceeding, Section 479.111, Florida Statutes, has no provisions which would allow the Respondent's sign to be placed 10-25 feet from the highway right-of-way. Thus, it also violates Section 479.11(1), Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's sign adjacent to Interstate 10,

approximately 2.5 miles west of State Road 12 in Gadsden County, Florida, be removed.

THIS RECOMMENDED ORDER entered this 19th day of October, 1984, in Tallahassee, Florida.

WILLIAM B. THOMAS

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 19th day of October, 1984.

COPIES FURNISHED:

Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064

W. A. Woddiam, President Beaver Lake Campground

P. O. Box 331

Quincy, Florida 32351

Docket for Case No: 84-001437

Orders for Case No: 84-001437