STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, ) STATE OF FLORIDA, )

)

Petitioner, ) CASE NO. 85-2660T

) (facing west)

vs. ) CASE NO. 85-2661T

) (facing east)

CLEAR VU MEDIA, )

)

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 September 23, 1985, at Bartow, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

For Respondent: Respondent was not represented.

By Notice of Alleged Violation dated May 28, 1985, the Department of Transportation (DOT), Petitioner, alleges that Clear Vu Media's sign with both east and west faces located 28.06 miles west of State Road 35-A on State Road

52 is in violation of the spacing requirements. By letter dated June 28, 1985, Clear Vu Media, Respondent requested a hearing to contest the alleged violation. The two violations involve the same location and the cases were consolidated for hearing.

At the hearing Petitioner called one witness and three exhibits were admitted into evidence. No factual dispute was presented.

FINDINGS OF FACT

1. By Advertising Sign Permit dated March 4, 1985 (Exhibit 3), Clear Vu Media was authorized to locate a sign with both east and west facing boards on State Road 52, 2- 1/2 miles east of Plaza Drive (Little Road). The permit was issued by Linda K. Brown, outdoor advertising inspector for DOT. Prior to issuing the permit Brown visited the proposed site and approved the location as meeting the requirements for an outdoor advertising sign.

   
   

2. Subsequent to the erection of the sign Brown inspected the sign and found the sign to be located on a site other than the approved site. The existing structure is located 890 feet from another existing and permitted sign. The approved site is located at least 1,000 feet from this existing sign and from any other permitted sign along State Road 52.

   
   

3. State Road 52 is a federal-aid primary highway.

   
   

4. A Notice of Hearing was sent to Clear Vu Media, Post Office Box 2038, New Port Richey, Florida 33552, by

   U.S. Mail and was not returned as undelivered.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Section 479.07(9)(a)2, Florida Statutes (Supp. 1984), provides that a permit shall not be granted for any sign located within 1,000 feet of any other permitted sign on the same side of the highway, if on a federal-aid primary highway.

   
   

7. Respondent's sign, located 890 feet from an existing and permitted sign on the same side of State Road 52, is in violation of Section 479.O7(9)(a)2, Florida Statutes, and must be removed and/or relocated. It is

RECOMMENDED that a Final Order be entered directing Clear Vu Media to remove the sign located in Pasco County on State Road 52, 28.06 miles west of State Road 35A.

ENTERED this 2nd day of October, 1985, at Tallahassee, Florida.

Hearings

Hearings

K. N. AYERS Hearing Officer

Division of Administrative

The Oakland Building 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative

this 2nd day of October, 1985.

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064

Clear Vu Media

Post Office Box 2038

New Port Richey, Florida 33552

Thomas E. Drawdy, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Dallas Gray

Outdoor Advertising Department of Transportation Haydon Burns Building

Tallahassee, Florida 32301-8064

Docket for Case No: 85-002660

Orders for Case No: 85-002660