STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 86-2726T

)

MICHAEL'S FOODS, )

)

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 February 19, 1987 at Tampa, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation Hayden Burns Building Tallahassee, Florida 32301

For Respondent: Respondent was not present or represented.

By letter received by the Department of Transportation July 15, 1986, Michael's Foods, Respondent, requested a hearing to contest Notice of Illegal Sign on Right-of-Way dated June 18, 1986. This noticed an illegal sign along the east side of U.S. 19, 0.16 mile south of Beckman Road in Pasco County and assessed a fine of $75.

At the hearing Petitioner called one witness and three exhibits were admitted into evidence. Petitioner waived the right to submit a proposed Recommended Order.

FINDINGS OF FACT

1. On June 18, 1986, Department of Transportation sign inspector observed a sign advertising Michael's Foods along U.S. 19 35 feet east of the edge of the pavement of U.S. 19.

   
   

2. The easterly boundary of the right-of-way of U.S. 19 at this location is 57 feet east of the edge of the pavement.

   
   

3. U.S. 19 is a federal-aid primary highway.

   
   

   CONCLUSIONS OF LAW

   
   

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

5. Section 479.11, Florida Statutes, provides that no sign shall be erected, used, operated, or maintained which is located upon the right-of-way of any highway on the State Highway System, interstate highway system or federal- aid primary highway system.

   
   

6. Section 479.107, Florida Statutes, authorizes the department to remove signs located on the right-of-way and subsection(s) thereof provides:

   
   

   The cost of removing a sign, whether by

   the department or an independent contractor, shall be assessed by the department against the owner of the sign. Furthermore, the department shall assess a fine of $75 against the sign owner for any sign which violates the requirements of this section.

   
   

7. Pursuant to these statutory provisions a fine shall be assessed against anyone locating a sign upon the right-of-way of a highway in this state. Accordingly the fine of $75 was properly assessed against Michael's Foods. It is

RECOMMENDED a Final Order be entered assessing a fine of $75 against Michael's Foods for the sign located on the right-of-way of U.S. 19 on June 18, 1986.

DONE and ORDERED this 26th day of February, 1987, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of February, 1987.

COPIES FURNISHED:

Vernon Whittier, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064

Dallas Gray

Deputy State Right of Way Adm. Department of Transportation Haydon Burns Building Tallahassee, Florida 32301-8064

Michael's Italian Food 9818 U.S. Highway 19

Port Richey, Florida 33586

Docket for Case No: 86-002726

Orders for Case No: 86-002726