vs. ) CASE NO. 82-3351T
Respondents. )
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on February 14, 1983, in Pensacola, Florida.
For Petitioner: P. Michael Patterson, Esquire
For Respondent: Vernon L. Whittier, Jr., Esquire Department of Haydon Burns Building, Mail Station 58 Transportation Tallahassee, Florida 32301-8064
For Respondent: Mark J. Proctor, Esquire Bill Salter Post Office Box 12308 Advertising,Inc. Pensacola, Florida 32501
This case arose from the Department's denial of the Petitioner's application for permits to erect signs facing north and south on I-110, 0.3 mile north of State Road 289A in Escambia County, Florida. The issue to be resolved is whether permits should be granted to the Petitioner for outdoor advertising signs at this location.
In 1970, Bill Salter Advertising, Inc., erected an outdoor advertising sign facing north, 0.4 mile north of State Road 289A, adjacent to I-110 inside the corporate limits of Pensacola. This sign was erected pursuant to a City of Pensacola permit because the Department of Transportation did not have jurisdiction to regulate outdoor advertising signs inside city limits at that time.
When this sign was erected Bill Salter Advertising, Inc., held the property under lease dated May 1, 1970, from Beasley Packing Company.
When the Department of Transportation was given outdoor advertising regulatory jurisdiction inside city limits, it determined that the sign located
0.4 mile north of State Road 289A was grandfathered in but that it needed to have a permit tag so that it could be properly identified in the Department's sign inventory.
In November of 1976, Bill Salter Advertising, Inc., made application to the Department of Transportation for a permit tag for its grandfathered sign located at 0.4 mile north of State Road 289A facing north. At this time Bill Salter Advertising, Inc., continued to have the property under lease from Beasley Packing Company.
On January 24, 1977, Bill Salter Advertising, Inc., applied to the Department of Transportation for a permit for the back side of the grandfathered board located at 0.4 mile north of State Road 289A, to face south. The property continued to be leased from Beasley Packing Company.
Although there is some confusion in the records of the Department of Transportation over whether the sign at this location is 0.4 mile or 0.5 mile north of State Road 289A, it has always been considered to be located at the 0.4 mile point, and the testimony indicated the proper location is 0.4 mile north of State Road 289A.
In 1978, Edward M. Chadbourne, Jr., bought the property formerly owned by Beasley Packing Company at the location 0.4 mile north of State Road 289A, and on December 1, 1978, Bill Salter Advertising, Inc., entered into a lease agreement with Edward M. Chadbourne, Inc., to erect outdoor advertising signs at the location 0.4 of a mile north of State Road 289A. This lease ran until December, 1981. Bill Salter Advertising, Inc., made lease payments to Edward M. Chadbourne, Inc., until December, 1982.
On May 14, 1982, Edward M. Chadbourne wrote a letter to Bill Salter Advertising, Inc., advising that the lease for the location 0.4 mile north of State Road 289A would be terminated as of December 1, 1982.
Before the Department of Transportation acquired regulatory jurisdiction over outdoor advertising inside corporate limits of municipalities, Bill Salter Advertising, Inc., had existing grandfathered signs facing north at the location a mile north of State Road 289A, which were erected pursuant to a City of Pensacola permit. When these signs were erected, William O. Salter owned the land at this location. Mr. Salter continues to own the property and on April 1, 1970, he leased to Bill Salter Advertising, Inc., the location at
0.2 mile north of State Road 289A for the purpose of erecting outdoor advertising signs.
On November 2, 1976, after the Department of Transportation acquired regulatory jurisdiction inside city limits, Bill Salter Advertising, Inc., made application for a permit tag for its grandfathered sign located at 0.2 of a mile north of State Road 289A facing north, and on June 1, 1977, Bill Salter Advertising, Inc., applied to the Department of Transportation for a permit for the back side of the grandfathered sign at 0.2 of a mile north of State Road 289A facing south.
When Bill Salter Advertising, Inc., found out that Edward M. Chadbourne, Inc., would not continue to lease the property located at 0.4 of a mile north of State Road 289A after December 1, 1982, it initiated the cancellation of its permits for signs at 0.4 of a mile north of State Road 289A.
On November 15, 1982, a permit cancellation affidavit was executed to cancel the permit for the sign facing north at 0.4 mile north of State Road 289A, and on December 31, 1982, a permit cancellation affidavit was executed to cancel the permit for the sign facing south at this location.
On July 6, 1982, the Petitioner, Lamar Advertising Company, made application to the Department of Transportation for permits to erect signs facing north and south 0.3 mile north of State Road 289A, adjacent to I-110.
This location is less than 1,000 feet from the location 0.2 mile north of State Road 289A, permitted to Bill Salter Advertising, Inc.
I-110 is an interstate highway open to the use of the public at the location 0.3 mile north of State Road 289A, and this location is within the city limits of Pensacola.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case. Section 120.57(1), Florida Statutes. The Department of Transportation has the authority to regulate outdoor advertising signs and issue permits pursuant to the provisions of Chapter 479, Florida Statutes.
Prior to the erection of an outdoor advertising sign in the State of Florida, a permit must be secured from the Department of Transportation, and the written permission of the property owner must be obtained.
Section 479.07(6), Florida Statutes, provides:
No person shall erect or cause to be erected an advertising structure, advertising sign or advertisement upon the property of another without first securing the written permission of the owner or lessee of said property and applying for and receiving a current permit tag as herein provided.
Section 479.13, Florida Statutes, provides:
No person shall construct, erect, operate, use or maintain any outdoor advertising structure, outdoor advertising sign or advertisement without the written permission of the owner or other person in lawful possession or control of the property on which such structure or sign is located.
Section 479.07(1), Florida Statutes, provides in part:
. . .Any person who shall construct, erect, operate, use, or maintain, or cause or permit to be constructed, erected, operated, used or maintained, any outdoor advertising structure, outdoor advertising sign, or outdoor advertisement along any federal aid primary highway or interstate highway within any
incorporated city or town shall apply for a permit on a form provided by the department. . .
And, Section 14-10.06(1)(b)2.a., Florida Administrative Code, provides: Interstate Highway
No two structures shall be spaced less than one thousand (1000) feet apart on the same side of the highway facing the same direction.
Section 14-10.04(1)(c), Florida Administrative Code, provides:
Where two applications from different advertisers. . .are competing for the same site, the first application received by the district office will be the first considered for approval. If the first one received is approved the second application will be disapproved and returned to the advertiser.
At the time Bill Salter Advertising, Inc., applied to the Department of Transportation for permits to erect signs at 0.2 mile and 0.4 mile north of State Road 289A, it had the property at these locations under lease. The Bill Salter Advertising applications were first in point-of-time before those submitted by Lamar Advertising Company for locations that would preclude approval of both because of the 1,000 foot spacing restriction for interstate highways. The proposed location of the Lamar Advertising Company signs 0.3 mile north of State Road 289A adjacent to I-110 is less than 1,000 feet from the location permitted to Bill Salter Advertising at 0.2 mile north of State Road 289A. Thus, the permit application of Lamar Advertising Company should be DENIED.
From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Lamar Advertising Company for permits
289A in Escambia County, be DENIED.
DONE and RECOMMENDED this 18th day of May, 1983 in Tallahassee, Florida.
WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway
Filed with the Clerk of the Division of Administrative Hearings this 18th day of May, 1983.
P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501
Vernon L. Whittier, Jr., Esquire Haydon Burns Building, M.S.58 Tallahassee, Florida 32301
Mark J. Proctor, Esquire Post Office Box 12308 Pensacola, Florida 32501
Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
