Judges: WILLIAM B. THOMAS
Agency: Department of Transportation
Latest Update: Jun. 20, 1983
Summary: Petitioner was not first-in-time to file for permit to place sign in the contested area. Recommended Order: deny Petitioner's petition and issue no permit.
82-3349.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LAMAR ADVERTISING COMPANY, )
)
Petitioner, )
)
vs. ) CASE NO. 82-3349T
) DEPARTMENT OF TRANSPORTATION and ) BILL SALTER ADVERTISING, INC., )
)
Respondents. )
)
RECOMMENDED ORDER
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.
APPEARANCES
For Petitioner: P. Michael Patterson, Esquire
905 West Moreno Street Pensacola, Florida 32501
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 the east side of Davis Highway, north of Creighton Boulevard, on State Road 291, 218 feet north of State Road 742 in Escambia County, Florida. The issue to be resolved is whether permits should be granted to the petitioner for signs at this location.
FINDINGS OF FACT
On September 1, 1980, Bill Salter Advertising, Inc., executed a lease agreement with Edward M. Chadbourne to erect outdoor advertising signs facing north and south on the Chadbourne property 190 feet east of the intersection of State Road 742 and State Road 291 in Escambia County, outside the city limits of Pensacola.
This lease was renewed for calendar year 1981-1982 and calendar year 1982-1983. The third renewal expires on August 31, 1983.
On August 4, 1981, Bill Salter Advertising, Inc., applied to the Department of Transportation for permits to erect outdoor advertising signs located 190 feet east of the intersection of State Road 742 and State Road 291 facing north and south. At the time of this application, Bill Salter Advertising, Inc., held the property under the above lease. On August 17, 1981, the Department of Transportation approved the application for permits.
On April 15, 1982, Bill Salter Advertising, Inc., executed an affidavit to cancel its permits at the location 190 feet east of State Road 742 and State Road 291 facing north and south in order to get a more advantageous position for the erection of an outdoor advertising sign.
On February 23, 1982, Bill Salter Advertising, Inc., executed a lease agreement with Felix Bell to erect outdoor advertising signs on the Bell property at a location on State Road 291, 190 feet east of the intersection of State Road 742 and State Road 291 in Escambia County, outside the city limits of Pensacola.
On April 12, 1982, Bill Salter Advertising, Inc., applied to the Department of Transportation for permits to erect signs facing north and south on State Road 291, 190 feet east of the intersection of State Road 742 and State Road 291. At the time of this application, Bill Salter Advertising, Inc., held the property under the Bell lease. On April 27, 1982, the Department of Transportation approved this application for permits.
On October 12, 1982, the Petitioner, Lamar Advertising Company, applied to the Department of Transportation for permits to erect outdoor advertising signs on State Road 291, 218 feet north of State Road 742.
This location is not a Federal-Aid Primary or Interstate Highway, and it is outside the city limits of Pensacola, in Escambia County. As such it is subject to the spacing requirements of the Escambia County ordinance regulating outdoor display advertising.
Such application was submitted by the Petitioner, Lamar Advertising Company, after Bill Salter Advertising, Inc., had cancelled its permits at the location, 190 feet east of the intersection of State Road 742 and State Road 291, and after the Department of Transportation had approved the application for permits submitted by Bill Salter Advertising, Inc., for locations 190 feet east of the intersection of State Road 742 and State Road 291 on the Felix Bell property.
The location for which Lamar Advertising Company seeks permits is less than 500 feet from the permitted locations of Bill Salter Advertising, Inc., at
190 feet east of the intersection of State Road 742 and State Road 291.
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 obtained from the Department of Transportation, and the written permission of the property owner must be secured.
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: Except as in this chapter otherwise provided,
no person shall construct, erect, operate, use,
maintain. . .any outdoor advertising structure, outdoor advertising sign or outdoor advertisement, outside any incorporated city
or town, without first obtaining a permit there for from the department. . .
and, Section 479.15(1), Florida Statutes, provides:
No zoning board or commission nor any other public officer or agency shall permit any advertisement or advertising structure which is prohibited under the provisions of this chapter nor shall the department permit any advertisement or advertising structure which is prohibited by any other public board, officer or agency in the lawful exercise of its or their powers.
Section 2, Paragraph D., Spacing, Escambia County ordinance for the regulation of outdoor display advertising within unincorporated areas prohibits the erection of a sign which is less than 500 feet from any other non-accessory outdoor advertising sign on the same side of the road right-of-way.
Section 14-10.04(1)(c), Florida Administrative Code, provides in part:
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 when Bill Salter Advertising, Inc., applied to the Department of Transportation for permits at the location 190 feet east of State Road 291 on State Road 742 this property was under lease from Felix Bell. The Bill Salter Advertising, Inc., application was first in point-of-time before the application submitted by Lamar Advertising Company for locations that would preclude approval of permits to both parties because of the 500 feet spacing restriction in the Escambia County ordinance. The proposed location of the Lamar Advertising Company signs facing north and south on State Road 291, 218 feet north of State Road 742 in Escambia County is less than 500 feet from the location permitted to Bill Salter Advertising, Inc., on State Road 291, 190 feet east of the intersection of State Road 291 and State Road 742. Thus, the permit application of Lamar Advertising Company should be denied.
RECOMMENDATION
From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Lamar Advertising Company for permits
to erect signs facing north and south on State Road 291, 218 feet north of State
Road 742, in Escambia County, Florida, 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
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 18th day of May, 1983.
COPIES FURNISHED:
P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501
Vernon L. Whittier, Jr., Esquire Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064
Mark J. Proctor, Esquire Post Office Box 12308 Pensacola, Florida 32501
Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Docket for Case No: 82-003349
Orders for Case No: 82-003349
| Issue Date |
Document |
Summary |
|
Jun. 17, 1983 |
Agency Final Order
|
|
|
May 18, 1983 |
Recommended Order
|
Petitioner was not first-in-time to file for permit to place sign in the contested area. Recommended Order: deny Petitioner's petition and issue no permit.
|
