STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 86-1705T

) GATOR JUNGLE ALLIGATOR FARM, )

)

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 cause on June 6, 1986, at Bartow, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation

Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301

For Respondent: Tracy Howell, pro se

Route 2, Box 884

Dover, Florida 33527

By Notice of Alleged Violation dated March 24, 1986, the Department of Transportation (DOT), Petitioner, alleges that the Gator Jungle Alligator Farm's (Respondent) sign located on 1-4 10.81 miles east of U.S 301 is illegal as no permit has been issued for the sign's erection.

At the hearing Petitioner called one witness and three exhibits were admitted into evidence. Respondent submitted no evidence.

FINDINGS OF FACT

1. Respondent erected an outdoor advertising sign along I-4, 10.81 miles east of U.S. 301 and has never applied for or received a permit for this sign. No permit has ever been issued for a sign at this location which is not within an incorporated town or city.

   
   

2. The sign advertising Gator Jungle Alligator Farm and an arrow on the sign points to the direction of the alligator farm.

   
   

3. The sign is located within 1,500 feet of another sign along I-4 on the same side of the highway facing in the same direction.

   
   

4. This sign is also less than 500 feet from the end of the widening of the I-4 at which the entrance ramp to the I-4 ends.

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Section 479.07, Florida Statutes, provides no sign may erected along an interstate highway without a permit; and that no permit shall be issued for a sign unless such sign is located at least 1,500 feet from any other permitted sign on the same side of an interstate highway. Rule 14-10.06(1)(b) 2b, Florida Administrative Code provides that outside incorporated towns and cities no structure may be located adjacent to or within 500 feet of an interchange, intersection at grade, or safety rest area along the interstate system. The 500 feet is measured along the interstate from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

   
   

7. Either the location within 1,500 feet of another sign along the same side of the interstate or the sign's location within the interchange precludes this sign from being issued a permit. Without having a permit the sign is illegal and its location precludes the issuance of a permit for the sign.

   
   

8. From the foregoing it is concluded that Respondent's sign located along I-4, 10.81 miles east of U.S. 301 is illegal and must be removed. It is

RECOMMENDED that Respondent be directed to remove the sign forthwith and that, if it fails to do so, Petitioner take appropriate action to remove the sign.

Entered this 23rd day of June, 1986, in Tallahassee, Florida.

COPIES FURNISHED:

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

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

1. N. AYERS 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 23rd day of June, 1986.

   1. J. Spalla, General Counsel Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Tracy Howell Route 2, Box 884

Dover, Florida 33527

Docket for Case No: 86-001705

Orders for Case No: 86-001705