STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 88-1656T

)

GULF ATLANTIC REALTY, )

)

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 16, 1988, at Tampa, Florida.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Department of Transportation

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0458

For Respondent: Arthur Moffa, pro se

Gulf Atlantic Realty Services, Inc. Post Office Box 273147

Tampa, Florida 33688-3147 RECOMMENDED ORDER

By Notice of Illegal Sign on Right-of-Way dated March 9, 1988, the Department of Transportation (DOT) Petitioner, seeks to levy an administrative fine of $75 against Gulf Atlantic Realty, Respondent, for a sign owned by Respondent which was located on the DOT right-of-way along U.S. 41, 0.2 mile south of S.R. 583.

At the hearing, Petitioner called one witness, and the owner of Respondent testified for Respondent. Petitioner's witness testified to finding Respondent's sign to be located on the DOT right-of-way shortly before March 9, 1988. Thereafter, Mr. Moffa presented evidence that the sign had been properly located on private property off the DOT right-of-ways and while road work was being done in the vicinity either DOT employees or contractors employed by DOT removed the sign and shortly thereafter replaced the sign on the DOT right-of- way. As soon as this error was noted by Respondent, the sign was moved off the right-of-way.

At the conclusion of Respondent's testimony, Petitioner withdrew the charges.

Withdrawing of the Notice of Illegal Sign on Right-of-Way removes all issues from further consideration by this tribunal. It is

RECOMMENDED that a Final Order be entered dismissing the Notice of Illegal Sign on Right-of-Way dated March 9, 1988, filed against Gulf Atlantic Realty.

ENTERED this 22nd day of June, 1988, 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 22nd day of June, 1988.

COPIES FURNISHED:

Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street, MS 58

Tallahassee, Florida 32399-0458

Arthur Moffa

Gulf Atlantic Realty Services, Inc. Post Office Box 273147

Tampa, Florida 33688-3147

Kaye N. Henderson Secretary

Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32399-0450

Thomas H. Bateman, III General Counsel

Department of Transportation

562 Haydon Burns Building Tallahassee, Florida 32399-0450

Docket for Case No: 88-001656

Orders for Case No: 88-001656