Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Respondent's sign situated on U.S. 441, .2 mile south of U.S. 27, in Marion County, Florida, be removed. THIS RECOMMENDED ORDERED entered this 16th day of April, 1985. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 16th day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mr. R.S. Williams Vice President Caviness Motor Company P.O. Box 668 Ocala, Florida 32670 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Bldg., Room 562 Tallahassee, Florida 32301
Findings Of Fact The Respondent, J.B. Davis, Inc., owns an outdoor advertising sign which is situated on the north side of I-10, .33 mile west of U.S. 221, in Madison County, Florida. This sign faces eastbound traffic, and it is not in any incorporated city or town. I-10 is a part of the interstate highway system, and it is open to traffic. The subject sign is visible from the main traveled way of I-10. The subject sign has been erected and is situated within 500 feet of a restricted interchange. The subject sign does not have a permit issued by the Department of Transportation. There is no zoning in Madison County, Florida. The subject sign has been erected and is situated beyond 800 feet from any existing business, and it is within 660 feet from the right-of-way of I-10.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Respondent's sign situated on the north side of I-10, .33 miles west of U.S. 221, facing eastbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 3rd day of April, 1985. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis, President Paul A. Pappas, Secretary J. B. Davis, Inc. Haydon Burns Building, Room 562 Base and Duval Streets Tallahassee, Florida 32301 Madison, Florida 32340
The Issue Whether Respondent was in violation of Subsection 479.07(1), Florida Statutes, providing for the permitting of outdoor advertising structures.
Findings Of Fact Respondent maintains an outdoor advertising sign adjacent to State Road 12 in the vicinity of the junction of State Road 157. The sign was not permitted in the years 1972, 1973 or 1974. No current permit tag was affixed to the sign as of May 12, 1975. Respondent has made no application to the Department of Transportation to obtain a current permit.
Findings Of Fact The Respondent, J. B. Davis, Inc., owns an outdoor advertising sign which is situated on the north side of I-10, 250 feet west of S.R. 53, in Madison County, Florida. This sign faces westbound traffic, and it is not in any incorporated city or town. I-10 is a part of the interstate highway system, and it is open to traffic. The subject sign is visible from the main traveled way of I-10. The subject sign has been erected and is situated within 500 feet of a restricted interchange. The subject sign does not have a permit issued by the Department of Transportation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Respondent's sign situated on the north side of I-10, 250 feet west of S.R. 53, facing westbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 3rd day of March, 1985. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis, President J. B. Davis, Inc. Base and Duval Streets Madison, Florida 32340 Paul A. Pappas, Secretary Haydon Burns Building Room 562 Tallahassee, Florida 32301
Findings Of Fact This proceeding was initiated when the Department notified the Respondent, Headrick Outdoor Advertising, that its permits numbered AD089-10 and AD090-10 were being revoked because the Respondent no longer had permission of the property owner to maintain a sign there, as required by Section 479.07(7), Florida Statutes. Permits numbered AD089-10 and AD090-10 authorized an outdoor advertising sign on U.S. 98, 100 feet west of Hickory Avenue in Bay county, Florida. The record owner of the property where the above permits authorized the Respondent to locate a sign is E. Clay Lewis III, Trustee, who took title by deed in 1977. By letter dated August 9, 1985, the property owner notified the Respondent that the subject property was being sold, and that the Respondent had 30 days to remove the sign from the property and cancel the outdoor advertising permits for this sign. By letter dated October 17, 1985, the property owner advised the Department that the Respondent no longer had a valid lease for the site where the subject permits authorized a sign, and that the signs had been removed. Documents marked Exhibits 1-3 reflect the foregoing, as does the testimony of the Department's outdoor advertising inspector. This evidence was received without objection from the Respondent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AD089-10 and Ad090-10 held by the Respondent, Headrick Outdoor Advertising, be revoked. THIS RECOMMENDED ORDER entered this 31st day of July, 1986 in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of July, 1986. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 William G. Warner, Esquire P. O. Box 335 Panama City, Florida 32402 Bobbie Palmer, Esquire P. O. Box 12950 Pensacola, Florida 32576 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301 A. J. 8palla, Esquire General Counsel Department of Transportation 562 Haydon Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact In March of 1984 the Respondent applied to the Department for a permit to erect a sign facing east at the location in question in this proceeding. The actual location proposed was 350 feet from the right-of-way of U.S. 17/92/441, adjacent to Oak Ridge Road, in Orange County, Florida. U.S. 17/92/441 is a federal-aid primary highway. Oak Ridge Road is a non-controlled road. There is another sign owned by the Respondent located 20 to 25 feet from the subject sign, but there is no evidence in the record to show which direction this other sign faces, or whether the two signs are on the same side of the highway. By memorandum dated April 5, 1984, the Department returned the Respondent's application for the reason that the sign location requested "is not on a federal-aid primary highway", and the Respondent "need only comply with local regulations". This memorandum stated further that "a state sign permit is not required" to locate a sign at the subject site. The application submitted by the Respondent in March of 1984 was returned with the notation on it that the proposed sign "need only comply with local regulations". Based upon the Department's response to its permit application, the Respondent erected its sign at the location where its application sought a permit. The sign that was erected is visible to traffic on U.S. 17/92/441, although it is parallel to U.S. 17/82/441 and at right angles to Oak Ridge Road. The notice of violation issued for the subject sign in July of 1985 seeks removal of this sign for not having the permit which the Respondent had applied for in 1984. The parties stipulated that it was the position of personnel of the Fifth District of the Department of Transportation prior to May of 1985 that state permits for outdoor advertising structures were not required when such structures were to be erected on a non-controlled highway, although said structures might be within 660 feet of a federal- aid primary highway. It was as a result of this erroneous interpretation of the applicable statutes and rules that the Respondent's application for a permit was returned in April of 1984 with the notation on it that a permit was not required. This erroneous interpretation allowed the Respondent's sign to be built.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the charges against the Respondent, Peterson Outdoor Advertising Corporation, in the violation notice issued on July 26, 1985, be dismissed, and that the sign which is the subject of this proceeding be given the classification of non-conforming sign. THIS RECOMMENDED ORDER entered on this 23rd day of October, 1986, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of October, 1986. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, MS-58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802-2151 Thomas Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 A. J. Spalla General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32301 =================================================================
Findings Of Fact Respondent maintains an outdoor advertising sign adjacent to U.S. Highway 90 approximately 1 mile East of the junction of State Road 379. This sign was not permitted in the years 1973 or 1974. No current permit tag was affixed to the sign as of May 14, 1975. Respondent has made no application with the Department of Transportation for current permit.
Findings Of Fact The Respondent, J. B. Davis, Inc., owns an outdoor advertising sign which is situated on the south side of I-10, .14 mile west of C-255, in Madison County, Florida. The sign faces eastbound traffic. I-10 is a part of the interstate highway system, and it is open to traffic. The subject sign is visible from the main traveled way of I-10. There is no zoning in Madison County, Florida. The subject sign has been erected and is situated beyond 800 feet from any existing business, and it is within 660 feet from the right-of-way of I-10. The subject sign does not have a permit issued by the Department of Transportation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's sign situated on the south side of I-10, .14 mile west of C-255, facing eastbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER entered this 3rd day of April, 1985, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis President J. B. Davis, Inc. Base and Duval Streets Madison, Florida 32340 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the sign owned by the Respondents situated on Interstate 95, 1.26 miles north of State Road 528, in Brevard County, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 1st day of July, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS 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 1st day of July, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mr. Richard L. Schneible and Mrs. Mary Joan Schneible Post Office Box 727 Sharpes, Florida 32959 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building - Room 562 Tallahassee, Florida 32301
The Issue Whether the signs of Respondent, Cannon Motel, should be removed for violation of Chapter 499, Florida Statutes, improper setback and no permit to erect the signs.
Findings Of Fact Cannon Motels, Inc. was served with a violation notice on October 18, 1976. The alleged violation was that the Cannon Motel signs were in violation of the state statute inasmuch as they had been erected without first obtaining a permit from the Petitioner, Department of Transportation, and they violate the setback requirements of Chapter 479. Petitioner, by certified letter dated November 11, 1976, requested an administrative hearing. Respondent moved to continue the hearing on the grounds of improper venue, lack of jurisdiction and failure by Petitioner to follow the technical rules. The motion was denied for the reason that the venue was proper being in the district in which a permit for an outdoor advertising sign must be obtained; the Hearing Officer has jurisdiction under Chapter 120, Florida Statutes, and the parties were fully advised of the issue to be heard. The subject signs each read "Cannon Motel." One is located one-half mile west of State Road 85 facing Interstate 10 and the other is located 1.3 riles east of State Road 85 facing Interstate 10. The sign east of State Road 85 is 30 by 12 and is approximately 18 feet from the nearest edge of the right of way. The sign that is west of State Read 85 is approximately 38 feet from the nearest edge of the right of way. Both signs were erected within 660 feet of the federal aid primary road without applying for or securing a permit from the Florida Department of Transportation. At some time prior to the hearing but after the erection of the signs, the area in which the sign located west of State Road 85 was erected was annexed by Crescent City, Florida. That area in which the signs are located is unzoned by the city and zoned agriculture by Okaloosa County.
Recommendation Remove the subject signs within ten (10) days of the filing of the Final Order. DONE and ORDERED this 31st day of October, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James E. Moore, Esquire Moore and Anchors Post Office Box 746 Niceville, Florida 32578
