The Issue Whether the sign of the Petitioner should be removed for violating permit and setback requirements of the state and federal laws, rules and regulations.
Findings Of Fact Upon calling the hearing to order the attorneys for the parties stated that they had reached an agreement and stipulated as follows: The Petitioner, Bill Ousley, will remove the sign, the subject of the violation notice, located 180 feet south of Junction State Road S-270 on The Seaboard 27 within forty-five (45) days from date of this hearing. Petitioner further agrees that it will furnish to Respondent written notice of said removal and will not erect any other outdoor advertising signs without a permit from the Respondent, Department of Transportation.
Recommendation Remove the subject sign if it has not previously been removed by the Petitioner within forty-five (45) days from date herewith. Remove any other signs of Petitioner erected without a permit from the Florida Department of Transportation. DONE and ORDERED this 18th day of November, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: J. David Holder, Esquire Barrett, Boyd and Holder Post Office Box 1501 Tallahassee, Florida 32302 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
The Issue Whether the outdoor advertising signs of Respondent are in violation of Florida Statute 479.07(1), sign being erected without a State permit. Whether the subject signs are in violation of the setback requirements of Section 479.11, Florida Statutes. Whether subject signs are new and different signs inasmuch as they have new copy, are materially elevated from the location of the previous signs and have catwalks and lights added, thus requiring a new application and permit. Whether subject signs are in violation of federal and State laws, rules and regulations and should be removed. Whether the federal regulations adopted in Section 479.02, F.S., would have to be adopted as a rule under Chapter 120, F.S.
Findings Of Fact The Respondent sign company has a sign located approximately 12.81 miles north of Dunn Avenue on the east side of I-95 facing south containing the following copy: "Ramada Inn Exit 7 Miles U.S. 17" The sign was increased in height from under ten (10) feet to twenty feet from the ground to the bottom of the sign, lights were added, and the catwalk was added to accommodate the change in advertisers. This extensive alteration was done in June of 1975 and copy was changed. The original sign was erected in May of 1968 and advertised "Shell Oil." Respondent sign company has a sign located approximately 8.81 miles south of Bowden Road on the west side of I-95 facing north and containing the following copy: "Family Inn of St. Augustine" The revised sign is located in an area zoned open rural, has been elevated and has had lights and catwalk added. The original sign had different copy and was erected and permitted in October of 1968. Permits had been issued for the two subject signs in the approximate location with different copy on them in October of 1968 or shortly thereafter. The new advertisers wanted the signs lighted and pay approximately $30 more per month for the lighted signs. The new signs now are much more visible. Both signs were elevated approximately ten (10) feet, new copy put on them and lights and catwalks added in April of 1976. Permits were applied for but the Petitioner Department of Transportation refused to issue permits stating that they were new signs, no new applications had been made and were obviously ineligible for permits inasmuch as the signs violated the setback requirements of Chapter 479 and the federal laws, rules, and regulations adopted by the Florida Legislature.
Recommendation Remove subject signs if said signs have not been removed by the owner within ten (10) days after entry of the final order herein, as no applications for permits were made or granted. DONE and ORDERED this 20th day of December, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 W. D. Rowland, Esquire Post Office Box 539 Winter Park , Florida 32789 George E. Hollis Branch Manager National Advertising Company Post Office Box 23208 Tampa, Florida 33622 Mr. Frank Whitesell Post Office Box 1089 Lake City, Florida 32055 Mr. O. E. Black, Administrator Outdoor Advertising Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
The Issue Whether the sign is in violation of 479.07 and 479.01 Florida Statutes for the reason that it has no permit tag attached thereto and has been enlarged.
Findings Of Fact A violation notice was issued to A. W. Lee, Respondent, on June 29, 1977, alleging that a sign owned by Respondent located at 12.85 miles north U.S. 441-Ellisville, Florida Highway I-75 with copy "Jiffy Junction" was in violation of 479.07 and 479.01 Florida Statutes and Rule 14-10.05(m) Florida Administrative Code. A request for administrative hearing was made by the Respondent and thereafter the Petitioner, Department of Transportation, requested the Division of Administrative Hearings to hold an administrative hearing. A sign in the same location as subject sign was tagged in 1971, 1972, 1973 and 1974 for an 8 x 12 sign. The permit was issued to Harvey Campbell. The sign was approximately 15 feet back from the right of way of I-75. A fee of $2.00 was paid for the permit. Prior to June of 1977 ownership was transferred from Harvey Campbell to the Respondent, A. W. Lee. The Respondent filed an application for a permit on June 20, 1977, for a sign 14 X 12 indicating a fee of $2.00 A sign at the location was existing, had no permit and measured 8 x 20. The sign as it stands at date of hearing is a sign 8 x 20, it advertises "Burger King this exit, turn right 300 feet right." It has no permit. The Hearing Officer further finds a sign that had been repermitted through 1977 was a sign 8 x 10 and the permit was issued to Harvey Campbell. The sign that stands there in the approximate location is a sign 8 x 20 and has additional poles to hold the panels. It has no permit. The sign is located on property owned by A. L. Lee, the Respondent, and the smaller original sign was transferred by Mr. Campbell to Respondent prior to April, 1976.
Recommendation Remove the subject sign. DONE and ENTERED this 3rd day of March, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1978. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James J. Richardson, Esquire Post Office Drawer 1857 Tallahassee, Florida 32302 =================================================================
The Issue Whether the sign of Respondent violates Section 479.07 and Section 479.02, Florida Statutes by violation of the permit and spacing requirements of the Outdoor Advertising Act.
Findings Of Fact An application was made for a permit for the subject sign and the application was denied on the basis that the sign was within the 500 foot spacing requirement, the sign being erected approximately in the middle of the distance between two outdoor advertising sign which are approximately 500 feet apart. The sign advertises Oaks Trading Post. The sign has been erected for many years and has carried messages such as "Elect Askew for Governor" and "Vote Democratic" or other political advertisements. The sign now advertises a commercial establishment and has since, at least, December of 1976. This sign does not bear a permit although the Respondent admitted that it is a commercial sign. 3.. The Respondent has paid the required license fees for the subject sign for more than the last 20 years to the City of Rockledge, Florida.
Recommendation Remove the subject sign. DONE AND ORDERED this 10th day of February, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. Anthony Ninos 112 Riverside Drive Cocoa, Florida 32922
Findings Of Fact The district outdoor advertising sign inspector inspected the sign in question alongside SR-10 in July 1979, found no permit on the sign and a permitted sign facing the same direction 440 feet from the offending sign and on the same side of SR-10. A check of the files revealed no application had been received for a permit for a sign at this location. Representatives of Tom West Homes, Inc. were contacted and the ownership of the sign was acknowledged. A representative further acknowledged that notice of this hearing had been received. SR-10 is a federal-aid primary highway.
Findings Of Fact In May of 1980, the Petitioner, Peterson Outdoor Advertising purchased a sign from Lamar Advertising Company. This sign is located on the east side of State Road 434, approximately 350 feet north of State Road 50 in Orange County, Florida. This sign is a stacked, back to back structure, having two faces which face north and south. The face which is the subject of this proceeding is the south face which faces northbound traffic on State Road 434. This face is visible to traffic on the main-traveled way of State Road 50. When the Petitioner purchased the subject sign from Lamar, it checked the records of Lamar, and the records of the Department of Transportation and the orange County Building and Zoning Department, to ascertain that the sign had all required building permits, electrical permits, county permits and state permits, and that the sign site was a legal location. The sign had all the permits that were required. The relevant document from the Department of Transportation pertaining to the subject sign was a letter dated March 13, 1978, from the Department's district office to Lamar. This letter returned the permit applications that had been submitted by Lamar in February of 1978 seeking permits for the subject sign, for the reason that "your applications do not require a state permit". The parties stipulated that, prior to May of 1984, the personnel of the Department's Fifth District gave advice that signs along non-controlled roads within 660 feet of a federal-aid primary highway did not need a state sign permit. The Petitioner relied on the determination of the Department that the subject sign site did not require a state permit, and purchased the sign from Lamar. In May of 1984 the Fifth District personnel of the Department corrected their erroneous prior interpretation of the statutes and rules they administer, and permits were thereafter required for all signs within 660 feet of a federal-aid primary highway if they were visible from the main-traveled way of the controlled road. On July 1, 1985, the Department's outdoor advertising inspector advised the Petitioner that the south faces of the subject sign required a state permit. These are the faces in question in this proceeding. In compliance with this advice from the Department, the Petitioner filed permit applications for both the north faces and the south faces of the subject sign. The Department returned the applications for the north faces for the reason that a permit was not required. The north faces are not involved in this proceeding. The Department denied the Petitioner's applications for the south faces by memorandum dated October 8, 1985, for the reason that these faces conflicted with permits held by Maxmedia, Inc., in that they were not located more than 1,000 feet from the Maxmedia sign. The Maxmedia permits authorized a sign which was erected at a point 740 feet from the subject sign of the Respondent. The permits held by Maxmedia were issued by the Department on May 8, 1984. Prior to July 1, 1984, the spacing rule for signs on a federal-aid primary highway required 500 feet between signs. On July 1, 1984, this spacing requirement was increased to require 1,000 feet on a federal-aid primary highway. State Road 50 is a federal-aid primary highway, and the area within 660 feet from State Road 50 is a controlled area. The Petitioner's sign 350 feet north of State Road 50 was more than 500 feet from any other structure prior to July 1, 1984. It is not more than 1,000 feet from the Maxmedia signs now, however.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the application of Peterson Outdoor Advertising for a permit on the east side of State Road 434, approximately 350 feet north of State Road 50, facing south, in Orange County, Florida, be GRANTED. THIS RECOMMENDED ORDER entered on this 29th 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 29th day of October, 1986. COPIES FURNISHED: Gerald S. Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802-2151 Philip S. Bennett, Esquire Haydon Burns Building, MS-58 Tallahassee, Florida 32301-8064 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 The Respondent's sign which is the subject of this proceeding was erected on Bennett Road, approximately 280 feet north of the intersection of Bennett Road with State Road 50, in Orange County, Florida. This location is approximately 1.4 miles west of SR 436, as alleged in the violation notice. The subject sign is located on the west side of Bennett Road facing north and south which is parallel to State Road 50. State Road 50 is a federal-aid primary highway. Bennett Road is a non-controlled road. 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. In 1984, the Respondent had applied for a permit to erect a sign along a non-controlled road within 660feet of a federal-aid primary highway, and had been advised by Department personnel that a state permit was not required (See Case No. 85- 3017T which was heard contemporaneously with the subject case). The sign which is the subject of this proceeding was erected without a permit based on the Respondent's knowledge of the Department's position that a permit was not required, as expressed to the Respondent previously in 1984. The subject sign is visible to traffic on State Road 50, although it is perpendicular to Bennett Road and parallel to State Road 50. There is another permitted sign owned by National Advertising Company located on the north side of State Road 50, east of the Bennett Road intersection, approximately 114 feet from the subject sign. The National sign faces east and west, not north and south, and it is not on Bennett Road. Another permitted sign owned by Peterson Outdoor Advertising is located on the north side of State Road 50, approximately 475 feet west of the Bennett Road intersection. This sign faces east and west, not north and south as the subject sign does, and it is not on Bennett Road as the subject sign is.
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 August 21, 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 Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the stipulations of fact entered into by the parties and the entire record compiled herein, I hereby make the following findings of fact: The two signs and four sign faces (hereinafter, the signs) which are the subject of these proceedings are owned by the Respondent and are outdoor advertising signs as defined in Chapter 479, Florida Statutes. One sign is located on U.S. 1, 1.35 miles north of Industrial Road, Big Pine Key (DOAH Case Numbers 86-2294T and 86- 2295T) and the other sign is located on U.S. 1, 1.25 miles north of Industrial Road, Big Pine Key (DOAH Case Numbers 86-2296T and 86-2297T) The Respondent purchased the signs from the Daley Outdoor Advertising Company in 1984. The signs are adjacent to and visible from U.S. 1 in Monroe County. U.S. 1 or State Road 5, is a federal-aid primary highway. U.S. 1 was open for public use at the time the notices of violation were placed on the signs. All of the signs are located within 660 feet of the nearest edge of the right-of-way of U.S. 1, State Road 5. The area in which the signs are located is zoned "GU". Mr. William Kenney is employed as the outdoor advertising administrator for the Department of Transportation, District VI. On May 29, 1986, Mr. Kenney inspected the signs and noticed that neither of the signs had a state outdoor advertising permit tag attached. At that time, Kenney placed a notice of violation on each sign face. After placing the notice of violation stickers on the signs, Kenney examined the Department of Transportation's office records pertaining to outdoor advertising signs and found no evidence of permit tags having ever been issued for the signs.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be issued declaring that the signs involved in these cases are illegal and must be immediately removed. DONE AND ORDERED this 14th day of January, 1987, in Tallahassee, Florida. W. MATTHEW STEVENSON 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 14th day of January, 1987. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, MS-58 Tallahassee, Florida 32301-8064 Charles C. Papy, III, Esquire 201 Alhambra Circle Coral Gables, Florida 33134 Kaye N. Henderson, 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 The Respondent, J. B. Davis, Inc., owns an outdoor advertising sign which is situated on the south side of I-10, 3.2 miles east of the Jefferson County line, in Madison County, Florida. This 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, 3.2 miles east of the Jefferson County line, facing eastbound 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 March, 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 562 Haydon Burns Building Tallahassee, Florida 32301
The Issue Whether subject sign is in violation of state and federal law for the reason that no permit was secured at time of erection of subject sign.
Findings Of Fact Respondent proceeded to erect subject sign prior to January 29, 1975, and continued such erection after January 29, 1975, the date a Notice of Outdoor Advertising Violation was served on Respondent Corporation by the District Sign Inspector. Said notice of violation notified Respondent that Respondent Corporation was in violation of Chapter 479, Florida Statutes or Section 335.13, Florida statutes for the reason that no permit had been secured and that the erection of said sign was in violation of the specific requirement of Chapter 479, Florida statutes inasmuch as subject sign was approximately 250' from an existing sign. Respondent continued to erect subject sign despite objections from the Florida Department of Transportation. On the date of the hearing the Respondent testified that as of that date an application had been made and permit had been approved. The sign coordinator testified that the sign which had been permitted and which was so spaced to prohibit the building of Respondent's sign had been removed after the Notice of Hearing had been set. The complainant contended that Respondent erected subject sign without first applying for a permit; that after Notice of Violation Respondent disregarded the notice and the law and continued to build subject sign; that not until notice of this hearing was received did Respondent "buy out" the offending sign which prohibited the issuance of permits. The Respondent did not deny that no permit was issued before erection of subject sign but contends that permits have now been issued.
