415 So. 2d 826 | Fla. Dist. Ct. App. | 1982
This is an appeal from a final administrative order of the Department of Transpor
Following a notice of violation, Courtelis Company requested an administrative hearing, pursuant to Section 120.57, Florida Statutes (1979), which occurred on February 4, 1981. The hearing officer issued his recommended order on March 3, 1981.
We need go no further than Hyman v. State, Department of Business Regulation, 399 So.2d 1098 (Fla. 3d DCA 1981), where the court held “... that a violation of this mandatory requirement per se renders unenforceable an agency order in a proceeding in which the agency is the protagonist .... ” Clearly, the Department of Transportation is the protagonist here and Hy-man, supra, is controlling. We, accordingly, reverse the final order under review and remand to the Department with directions to reinstate the recommended order of the hearing officer. Section 120.68(9Xb), Florida Statutes (1979).
Reversed and remanded with directions.
. The hearing officer recommended dismissal of the cause for lack of jurisdiction over the owners of the sign.
. No waiver or extension of the 90-day time limit imposed by Section 120.59, Florida Statutes (1979) appears on this record.