89-000790
Department Of Transportation vs.
Riverside Village Marina
Status: Closed
Recommended Order on Wednesday, July 26, 1989.
Recommended Order on Wednesday, July 26, 1989.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8DEPARTMENT OF TRANSPORTATION, )
12)
13Petitioner, )
15)
16vs. ) CASE NO. 89-0790T
21)
22RIVERSIDE VILLAGE MARINA, INC., )
27)
28Respondent. )
30_________________________________)
31RECOMMENDED ORDER
33Pursuant to notice, the Division of Administrative Hearings by its duly
44designated Hearing Officer, K. N. Ayers, held a public hearing in the above-
57styled case on July 20, 1989 at Bartow, Florida.
66APPEARANCES
67For Petitioner: Vernon L. Whittier, Jr., Esquire
74Department of Transportation
77605 Suwannee Street
80Tallahassee, Florida 32399-0458
83For Respondent: Not, present or represented.
89STATEMENT OF THE ISSUES
93Whether Respondent's facility is eligible to display a "camping" logo at
104Exit 64A on 1-75 at the intersection with SR 674.
114PRELIMINARY STATEMENT
116By letter dated November 21, 1989, Edward Smith, President of Riverside
127Village Marina, Inc., Respondent, was notified by the Department of
137Transportation, Petitioner, that participation in the State Department of
146Transportation Logo Program was being revoked for failure to comply with certain
158requirements of the logo program and of his right to request a hearing to
172challenge this determination. By letter dated January 26, 1989, Smith requested
183a hearing and these proceedings followed.
189Prior to the commencement of the hearing, an attempt to contact Smith by
202telephone to learn if he was enroute to the hearing was unsuccessful when the
216only response came from a telephone answering machine. After waiting a
227reasonable period of time for Respondent to appear, the hearing was called to
240order. Thereafter, Petitioner called three witnesses and 14 exhibits were
250admitted into evidence.
253Petitioner waived the right to submit proposed findings of fact.
263FINDINGS OF FACT
2661. By Logo Application dated January 29, 1988 (Exhibit 1) Edward Smith,
278President, Riverside Village Marina, Inc. applied for a camping logo on I-75 at
291Interchange Exit 46A near Ruskin, Florida. Following an inspection, this
301application was approved on February 18, 1988 and Smith was sent a Notice of
315Eligibility on February 25, 1988 (Exhibit 2).
3222. In November, 1988, a complaint was received by Petitioner regarding the
334toilet facilities and potable water at Riverside Marina. On November 18, 1988,
346an inspection of Respondent's facility was made and it was found both male and
360female shower rooms were locked, there was no attendant on duty, and no potable
374water was provided to campers. On November 21, 1988, Respondent was advised of
387these defects, that participation in the Logo Program was revoked and of his
400rights to a hearing (Exhibit 3).
4063. A conference was held between the parties on December 2, 1988 at which
420Respondent was advised of the requirements to be met by participants in the logo
434program (Exhibit 4).
4374. Two inspections conducted in December, 1988 revealed the initially
447reported defects as uncorrected. Respondent was advised of the results of these
459inspections by letter dated January 5, 1989 (Exhibit 5).
4685. Photographs taken by the Department of Transportation inspectors on
478January 3, 1989, showed padlocks on shower room doors (Exhibit 6-9).
4896. By letter dated April 4, 1989, the Department of Health and
501Rehabilitative Services (Exhibit 10) forwarded copies of chemical analyses of
511the water at Riverside Village Marina showing the water supply exceeded the
523maximum contaminant level for turbidity. By letter to Petitioner dated July 17,
5351989 (Exhibit 14) the Department of Health and Rehabilitative Services advised
546that samples taken at Riverside Village Marina on June 12, 1989, failed to meet
560turbidity requirements.
5627. An inspection of the Respondent's facility on July 17, 1989 revealed
574the shower rooms were padlocked and there was no attendant on duty.
586CONCLUSIONS OF LAW
5898. The Division of Administrative Hearings has jurisdiction over the
599parties to, and subject matter of, these proceedings.
6079. Rule 14-85.008 Florida Administrative Code establishes business
615eligibility requirements to be met by businesses participating in the logo sign
627program. Subsection (d) thereof provides in pertinent part:
635To be eligible to display a "Camping" logo
643panel a business shall:
6471. Have all appropriate state and local
654occupational licenses and health permits
659* * *
6623. Provide a minimum of 10 campsites with
670potable water and electrical accommodations
675for conventional travel-trailers, tents, and
680campers.
681* * *
6845. Provide separate male and female shower
691facilities with hot and cold running water and
699separate male and female modern restrooms.
705* * *
7087. Have a full-time attendant on duty or on
717call 24 hours per day to manage and maintain
726campground services.
72810. To revoke a previously granted eligibility to participate in the logo
740program, the burden is on the Department of Transportation to prove the facility
753is not eligible. Balino v. Department of Health and Rehabilitative Services,
764348 So.2d 349 (Fla 1st DCA 1977).
77111. Here Petitioner has clearly sustained that burden. The evidence is
782unrebutted that subsequent to November 1988, at every inspection conducted by
793Petitioner's personnel Respondent's facility has not provided shower room
802facilities or an attendant on duty as required by the rule above quoted, and
816that the facility did not meet potable water requirements.
825RECOMMENDATION
826It is RECOMMENDED that a Final Order be entered revoking Riverside Village
838Marina, Inc.'s participation in the Florida Department of Transportation Logo
848Program.
849DONE AND ENTERED this 26th day of July, 1989 in Tallahassee, Leon County,
862Florida.
863___________________________________
864K. N. AYERS
867Hearing Officer
869Division of Administrative Hearings
873The DeSoto Building
8761230 Apalachee Parkway
879Tallahassee, Florida 32399-1550
882(904) 488-9675
884Filed with the Clerk of the
890Division of Administrative Hearings
894this 26th day of July, 1989.
900COPIES FURNISHED:
902Vernon L. Whittier, Jr., Esquire
907Department of Transportation
910605 Suwannee Street
913Tallahassee, Florida 32399-0458
916Riverside Village, Inc.
919Post Office Box 933
923Ruskin, Florida 33570
926Attn: Edward J. Smith, President
931Secretary
932Attn: Eleanor F. Turner, MS 58
938Department of Transportation
941Haydon Burns Building
944605 Suwannee Street
947Tallahassee, Florida 32399-0450
950Thomas H. Bateman, III
954General Counsel
956562 Haydon Burns Building
960605 Suwannee Street
963Tallahassee, Florida 32399-0450