STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 87-0439T
) CALADESI MANAGEMENT, INC., )
)
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 April 15, 1987 at Tampa, Florida.
APPEARANCES
For Petitioner: Charles G. Gardner, Esquire
Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32399-0450
For Respondent: Leonard A. Leighton
1212 South Highland Avenue Clearwater, Florida 33516
(Leighton also represents the condominium association which will ultimately pay any fine levied)
By Notice of Illegal Sign in Right-of-Way dated December 11, 1986, the Department of Transportation (DOT), Petitioner, seeks to levy an administrative fine of $75 on The Gardens of Beacon Square. As grounds therefore, it is alleged that an illegal sign was erected in the DOT right-of-way along U.S. 19. The letter requesting this hearing came from Caladesi Management, who represents The Gardens of Beacon Square condominium association. Accordingly, Caladesi Management was designated as Respondent.
At the hearing Petitioner called two witnesses, Respondent called two witnesses and four exhibits were admitted into evidence. There is no dispute regarding the facts here involved and the parties waived the right to submit proposed recommended orders.
FINDINGS OF FACT
The sign here in issue was erected in 1992 and remained in the same location until December 1986.
The sign is located along the west side of U.S. 19 in Pasco County, Florida, 41 feet from the western edge of the pavement. The DOT right-of-way at this location is 57 feet. U.S. 19 is part of the state highway system.
Respondent stipulated that the sign was located in the DOT right-of-way and was in violation.
Upon receipt of the violation notice, the association relocated the sign off of the DOT right-of-way within ten days of the notice of violation (December 11, 1986).
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
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.
Section 479.107, Florida Statutes, provides that any sign on the right- of-way of a highway in the State Highway System may be removed by the Department, that upon determination by the Department that such sign exists, the Department shall post notice on the sign for the owner to remove the sign immediately, that if the owner fails to so remove the sign the Department shall remove the sign whether or not a hearing has been requested by the owner or permittee. Subsection (5) 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.
The assessment of the fine of $75 is mandatory under the clear wording of the statute and those factors submitted by Respondent in mitigation of this fine, which are reasonable and would normally lead to a recommendation of leniency, are immaterial. It is
RECOMMENDED that a final order be entered assessing a fine of $75 against Caladesi management and The Gardens of Beacon Square association.
ENTERED this 7th, day of May, 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 7th day of May, 1987.
COPIES FURNISHED:
Charles G. Gardner, Esquire Haydon Burns Building, MS-58 Tallahassee, Florida 32399-0450
Leonard A. Leighton, Esquire 1212 South Highland Avenue Clearwater, Florida 33516
Kaye N. Henderson, P.E. Secretary
Department of Transportation Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399-0450
Issue Date | Proceedings |
---|---|
May 07, 1987 | Recommended Order (hearing held , 2013). CASE CLOSED. |
Issue Date | Document | Summary |
---|---|---|
Jun. 14, 1987 | Agency Final Order | |
May 07, 1987 | Recommended Order | Mandatory penalty for maintaining advertising sign in road right-of-way. |
DEPARTMENT OF TRANSPORTATION vs. ALL AMERICAN COMMERCIAL PROPERTIES, INC., 87-000439 (1987)
DEPARTMENT OF TRANSPORTATION vs. HEINL'S NURSERY, 87-000439 (1987)
DEPARTMENT OF TRANSPORTATION vs. LITTLE HICKORY CONCRETE LAWN ORNAMENTS, 87-000439 (1987)
DEPARTMENT OF TRANSPORTATION vs. GIA AND ASSOCIATES, INC., 87-000439 (1987)
DEPARTMENT OF TRANSPORTATION vs. LAKES AUTO, 87-000439 (1987)