The Issue Whether the sign which was located at the northwest corner of US #41 and State Road 862, 50 feet west from US #41 on Vanderbilt Road, with the copy "La Playa Motor Inn" and "La Playa Motor Inn", found there on October 8, 1975, continuing through February 19, 1976 was in violation of the following: Chapter 479.07(1), Florida Statutes, which requires a permit for the erection of a sign. Chapter 478.07(7), Florida Statutes, which requires the name of owner or advertiser be affixed to the face of the sign structure. Chapter 479.02(2), Florida Statutes, which sets forth certain requirements of spacing.
Findings Of Fact At a time prior to October 8, 1975, Seminole Vanderbilt Corporation, which trades as La Playa Motor Inn and is owned by P. M. Francoeur, sole owner and president, leased a sign from Richard O. Radenbaugh. This sign was located in the vicinity of the northwest corner of US #41 and State Road 862, 50 feet west from US #41 on Vanderbilt Road. Subsequent to the time that the sign was leased to the Seminole Vanderbilt Corporation, Richard O. Radenbaugh entered into a contract to sell the space and the sign to the Department of Transportation. The sale was effected and the sign was removed. P. M. Francoeur, as President and leaseholder on the sign was not told that the subject sign would be sold, prior to the negotiations and sale between Mr. Radenbaugh and the Department of Transportation. Consequently, the original sign with the copy "La Playa Motor Inn" was removed without his knowledge; Mr. Francoeur went to a County Commissioners meeting in Collier County, Florida and Mr. Radenbaugh spoke with Mr. Francoeur at that time and promised to give him a vacant sign which had the copy "King Crown Inn". This sign was located immediately west of the "La Playa Motor Inn" former sign. Mr. Francoeur accepted that offer and caused workmen to go to the location and to remove the "King Crown Inn" sign and have it refurbished for purposes of installation at the general location of the original "La Playa Motor Inn" sign. When this refurbishing and site location was accomplished, it left two signs in the area that originally had three signs. There was now, an unrelated sign and the new "La Playa Motor Inn" sign which had been constructed from the former "King Crown Inn" sign; as opposed to, the unrelated sign, the original "La Playa Motor Inn" sign which had been sold to the Department of Transportation and removed, and the "King Crown Inn" sign which was in the immediate area west of the original "La Playa Motor Inn" sign. Mr. James A. Hachett, outdoor advertising inspector with the Department of Transportation, was aware that the original "La Playa Motor Inn" sign had been sold and removed. When he went by the subject location after the original "La Playa Motor Inn" sign had been sold and removed, he discovered that a new sign with the copy "La Playa Motor Inn" had been erected in the general area where the original "La Playa Motor Inn" had been located. He also noted that the "King Crown Inn" sign was no longer located in a position west of the space which had been occupied by the original "La Playa Motor Inn" sign. In addition, the new "La Playa Motor Inn" sign was not in the exact location as the original "La Playa Motor Inn" sign. On a closer examination, Mr. Hachett discovered that there were three identifying permit tags affixed to the new "La Playa Motor Inn" sign. One tag was the permit tag from the original "La Playa Motor Inn" sign, and the other two tags were from the sign west of the location, which sign was the "King Crown Inn" sign. These former permit tags were affixed to each side of the double faced advertising sign. It was after this examination that the "La Playa Motor Inn", in the person of P. M. Francoeur was notified of the prospective violations as ultimately alleged in the October 8, 1975 complaint. Francoeur was notified by an alleged violation statement addressed to the Seminole Vanderbilt Corporation, which owns "La Playa Motor Inn". As of February 19, 1976, at the time of the hearing, the new "La Playa Motor Inn" sign which is in fact the refurbished structure which was the "King Crown Inn" sign, located west of the original "La Playa Motor Inn" sign, is still standing in the general, but not exact position of the original "La Playa Motor Inn" sign. Application for permit by the Seminole Vanderbilt Corporation t/a "La Playa Motor Inn" for the benefit of the copy, "La Playa Motor Inn" has not been applied for since the original "La Playa Motor Inn" sign was sold to the Department of Transportation and removed. Application has been made for a renewal of the permit which is associated with the "King Crown Inn" sign which was refurbished and became the subsequent "La Playa Motor Inn" sign. In describing the location of the new "La Playa Motor Inn" sign, it is somewhere between the location of the original "La Playa Motor Inn" sign and the "King Crown Inn" sign, but not in the exact location of either of those original signs.
Recommendation It is recommended that the Petitioner afford the Respondent 30 days within which to remove the sign or take satisfactory steps to obtain a permit for the sign, after which time the Petitioner, in accordance with Chapter 335.13(2), Florida Statutes, shall cause such sign to be removed. DONE and ENTERED this 14th day of April, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operation Mr. P. M. Francoeur, President Department of Transportation c/o La Playa Motor Inn 605 Suwannee Street 9091 Gulf Shore Drive Haydon Burns Building Naples, Florida 33940 Tallahassee, Florida 32304
Findings Of Fact Petitioner owns land adjacent to, west of, and within 600 feet of Interstate 95 in Port St. Lucie County, Florida. The land comprises approximately 17.7 acres and is not within the city limits of a municipality. The land is designated commercial in the Comprehensive Plan adopted by the County. The zoning designation was changed on March 27, 1990, for one half acre of the land approximately 2000 feet north of Okeechobee Road. The zoning designation for that half acre was changed from Commercial to Commercial General pursuant to Resolution 90-80. The purpose of the change in zoning designation, as stated in Petitioner's Petition for Change to the Official Zoning Atlas of St. Lucie County, was to permit the construction of an advertising billboard. The change in zoning designation obtained by Petitioner was necessary to permit the location of a sign on Petitioner's half acre. No ordinance or other local regulation defines the uses permitted for land designated in the County's Comprehensive Plan as Commercial. 1/ The Chairman of the Board of County Commissioners for St. Lucie County explained in a letter dated February 6, 1991, that the zoning designation of Commercial allows and encourages the application of the Commercial General zoning designation. The letter did not state that a change in zoning designation from Commercial to Commercial General was unnecessary in order to permit the location of a sign on Petitioner's half acre. Petitioner elected to apply to the County for a change in zoning designation from Commercial to Commercial General, and the County approved Petitioner's application. Petitioner applied for a sign permit on July 3, 1990. Respondent denied Petitioner's Application For Outdoor Advertising Sign Permit on July 26, 1990, on the ground that the change in zoning designation for one half acre of the land was enacted specifically for billboards in violation of Section 479.07(10), Florida Statutes. 2/ The Chairman of the Board of County Commissioners determined in his letter dated February 6, 1991, that Respondent's determination of "spot zoning" is invalid.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's application for a sign permit be DENIED. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of April, 1991. DANIEL MANRY Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division Administrative Hearings this 5th day of April, 1991.
The Issue Whether the Respondent is in violation of Sections 479.07(1)(2)(3)(4) and (6), Florida Statutes; Sections 479.11(1)(2), Florida Statutes; and Section 479.02, Florida Statutes, which require a person to submit am application for a permit, pay permit fees, secure a permit before erecting any outdoor advertising sign. Such permit will not be granted if it is within the prohibited areas of Section 479.11, F.S., and are subject to removal under Section 479.02, F.S.; Section 479.17, F.S.; and Section 479.20, F.S.
Findings Of Fact No permit was applied for or secured for the following described signs: Copy: Chipley Motel Location: .15 miles east of State Road 273 (Orange Hill Highway) Highway: I-10 Copy: Chipley Motel Location: 3-9/10 miles east of State Road 77 Highway: U.S. 90 Copy: Chipley Motel Restaurant Location: 1-4/10 miles west of State Road 77, South side Highway: I-10 No permit was applied for before subject signs were erected and subject signs are nearer than 660 feet from the nearest edge of an interstate highway.
Recommendation Remove subject signs if they are not removed by the Respondent within ten days after the entry of a final order. DONE and ORDERED this 7th day of May, 1976. 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 Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Bob Deal, Esquire Cole and Deal 204-A South Third Street Chipley, Florida 32428
The Issue Whether the outdoor advertising structure of Respondent LaPointe Outdoor Advertising should be removed for failure to obtain a statue permit for building and for violation of the spacing laws. Whether Respondent received sufficient notice that it was charged with having no currently valid permit under Section 479.07(1) Florida Statutes. By what authority does the Department of Transportation seek to enforce a 1000 foot spacing requirement along interstate and federal aid primary roads in zoned and unzoned commercial and industrial areas? Is the authorization in Section 479.02, Florida Statutes, originally enacted by Chapter 71-971, Laws of Florida, to the Governor and the Department of Transportation to enter into agreements in accordance with Title I of the Highway Beautification Act of 1965 an unlawful delegation of legislative authority? Does Section III(A) of the Governor's Agreement exempt Respondent from the 1000 foot spacing requirement? Whether the 1000 foot spacing requirement in zoned and unzoned commercial and industrial areas therein control over the 500 foot spacing requirement imposed by the Palm Beach County Sign Code.
Findings Of Fact Respondent is the owner of an outdoor advertising sign located 1200 feet north of Lipton Boulevard, West Palm Beach County, Florida, on Interstate 95. No permit from the Florida Department of Transportation was applied for or secured but the subject sign was erected between July 6th and July 12th, 1976. This sign is less than 1000 feet from another outdoor advertising sign which had been permitted by the Florida Department of Transportation. The subject sign owned by the Respondent was completed before the sign which is less than 1000 feet away was completed. Notice of violation regarding subject sign was properly sent by the Department of Transportation and received by the Respondent. No application was made prior to the erection of the subject sign to the Florida Department of Transportation and no permit was secured. The Respondent secured a permit from the Palm Beach County Building Department before erection of subject sign. The Petitioner contends that the sign should be removed because the Respondent erected the sign without a permit as required by the State Statutes and the erection of the sign violates the spacing requirements of the Statutes. Respondent contends that it did not apply for a permit from the Petitioner before it constructed the sign, but it did secure a building permit in Palm Beach County; that there was confusion as to the spacing requirements under Section 479.02.
Findings Of Fact The Department of Transportation ("DOT") originally issued sign permits in 1964 for the location authorized by Permits 3966-2 and 3967-2, and these permits have been renewed continuously thereafter. The location authorized by Permits 3966-2 and 3967-2 is on the east side of U.S. 441. Effective October 30, 1987, Eagle Outdoor Advertising, Inc., which has owned Permits 3966-2 and 3967-2 since 1968 or earlier, transferred them to Peterson Outdoor Advertising Corp. ("Peterson"). On July 10, 1987, Gator Outdoor Advertising, Inc. ("Gator") applied to DOT for sign permits. The location for which Gator sought sign permits is on the same side of U.S. 441, approximately 348 feet from the location authorized by Permits 3966-2 and 3967-2. On July 16, 1987, DOT rejected Gator's application solely because the proposed sign location did not meet applicable spacing requirements relative to the sign authorized by Permits 3966-2 and 3967-2. In 1984, the owner withdrew his permission for maintaining the sign authorized by Permits 3966-2 and 3967-2. There has been no sign lease or owner permission for a sign at this location since 1984. As of the date of the final hearing, Peterson had not obtained the owner's permission to maintain a sign. Representatives of the property owner and a representative of Peterson have discussed the possibility of owner permission, but it had not been unequivocally granted.
Findings Of Fact Foster and Kleiser are the owners of signs located on I-275 at the off- ramp of 54th Avenue, Pinellas-Hillsborough Cloverleaf. These signs are 198 feet from the beginning of the pavement adjacent to the signs and 15 feet from the right of way. The location is in an unincorporated portion of Pinellas County. On December 22, 1972, Ace Outdoor Advertising Co., Inc., the predecessor in interest of Foster and Kleiser as regards this sign, sought and received a permit for the construction of a sign located at "I-75. . .five miles north of St. Petersburg." These permit numbers have been renewed every year until the present with Foster and Kleiser succeeding in interest to Ace Outdoor Advertising Co., Inc. through purchase in 1976. In late 1972, two members of the Department of Transportation, a Mr. Boger (an outdoor advertising inspector now deceased) and Mr. Moran along with Mr. Arthur Hempel, the President of Ace Outdoor Advertising Co., Inc. looked over the area in Pinellas County where the sign was intended to be constructed. At that time Mr. Hempel showed Mr. Boger and Mr. Moran the general area in which the sign would be erected, said area being a strip of approximately 1500 feet fronting I-275 just north of the 54th Avenue North cutoff. No specific site for the sign was stated to Mr. Moran or Mr. Boger and it was pointed out by the DOT personnel that a zoning change would have to be accomplished to permit any sign to be constructed. This rezoning was later made by the County Commission and the land in question was changed from A-1 (agricultural) to CP (Commercial Parkway) in 1973. The sign in question was not erected until on or about June 21, 1977, and is located approximately 198 feet north of the widening for the beginning of the off-ramp at the 54th Avenue North interchange of Interstate 275 in Pinellas County. Prior to the promulgation of Rule 14-10 the Department used as its rule and regulation regarding spacing of signs the Agreement between the Governor of the State of Florida and the United States Department of Transportation, which is now set forth verbatim in Rule 14-10.06 which was adopted in April 1977. The Agreement was enforced by the Department prior to 1976 when it was adopted as a rule. On or about July 27, 1977, the Department cited Respondent Foster and Kleiser for a violation of F.S. 479.02 and Rule 4-10.06 for having erected an outdoor advertising sign within 500 feet of the widening of the pavement at the exit from I-75.
Recommendation For the reasons stated above and in the light of the applicable law, since the sign in question is nonconforming and since currently valid permits have not been issued for the site at which it was erected in June, 1977, it is illegal, cannot be permitted and should be removed. DONE and ORDERED this 28th day of March, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of March, 1978. COPIES FURNISHED: John A. Rimes, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Horace A. Andrews, Esquire 602 Florida National Bank Building St. Petersburg, Florida 33701 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 ================================================================= AMENDED AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CASE NO. 77-1430 FOSTER AND KLEISER, Respondent. /
Findings Of Fact Petitioner was a limited partner in Wedgewood Limited Partnership, which acquired the property on which this sign is located in 1981. The property was developed by the limited partnership, and the sign is located alongside the golf course built by the partnership as a part of the development. The sign advertised the development. In 1983, the partnership applied for a permit for this sign and was told by Respondent that no permit was required for the sign as it qualified as an "on premise" sign. In 1986, the partnership was dissolved, and Petitioner acquired the 1/4 to 1/2 acre site on which this sign is located. The sign needs repair and renovation, and Petitioner desires to use this location as a site of a permitted outdoor advertising sign. Lamar Outdoor Advertising holds a permit for a sign 306 feet west of Petitioner's sign on the same side of I-4 and facing in the same direction. The Lamar sign was erected in 1968. Respondent denied the permit requested because the location of Petitioner's sign was within 1500 feet of the permitted sign owned by Lamar.
The Issue Whether two signs owned by Respondent Simbo's Restaurant-Auto-Truck Stop, one located along Interstate 10 approximately .8 of a mile east of State Road 79 and the other located along Interstate 10 approximately .8 of a mile west of State Road 79, each bearing the copy: "Simbo's Restaurant-Auto-Truck Stop Next Exit-Open 24 Hours", are in violation of Section 479.07, Florida Statutes and Section 479.11, Florida Statutes, neither of which have been granted a permit and both of which are within twenty (20) feet of the right-of-way of Interstate 10.
Findings Of Fact No permit has been issued to or is affixed to either of the subject signs. The distance from the fence running parallel to Interstate 10 to the sign located approximately .8 of a mile west of State Road 79 is fourteen and one-half feet. The distance from the fence running parallel to Interstate 10 to the sign located approximately .8 of a mile east of State Road 79 is five and eight-tenths feet. The distances from both signs to the edge of the right-of- way of Interstate 10 are less than five hundred (500) feet. No application for the erection of either sign was made prior to the erection of the signs. These signs were erected in the first half of the year 1976 on private property. The Respondent contends that the classifications established in the Florida Outdoor Advertising Law, Chapter 479, violated the equal protection clause of the 14th Amendment of the United States Constitution. There is no merit to this contention.
Recommendation Remove subject signs if such signs have not been removed by the owner within ten (10) days after the final order herein. DONE and ORDERED this 5th day of January, 1977 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 J. D. Bodiford, Esquire Post Office Box 1022 Panama City, Florida 32401 Mr. J. E. Jordan District Sign Coordinator Department of Transportation Post Office Box 607 Chipley, Florida 32428
Findings Of Fact A sign advertising "Kapok Tree" in Daytona Business Park was permitted by the Department of Transportation (Department) at the intersection of Ventress Boulevard and U.S. Highway 92 (hereinafter referred to as the Kapok Tree sign). Lamar-East Florida Outdoor Advertising (Lamar) applied for an outdoor advertising permit for a sign to be located at Bill's Fruit Stand, 380 feet east from the Kapok Tree sign. The Department processed the Lamar application and issued a permit for said sign, although the Lamar sign was within the proscribed distance (500 feet) of the Kapok Tree sign. The Department conducted an on-site inspection, and the inspector failed to notice the Kapok Tree sign. The Department would not have issued the Lamar permit had the Kapok Tree sign been noted. The Kapok Tree sign had its permits displayed. Thereafter, Don Bell and Company (Bell) applied for an outdoor advertising permit for a sign located approximately 30 feet from the intersection of Bayless Avenue and U.S. Highway 92, 480 feet from the Lamar sign location, and 810 feet from the Kapok Tree sign. The Department denied Bell's application because that sign location was less than 500 feet from the Lamar sign location. Neither Lamar nor Bell have constructed signs at the subject locations for which they have applied for permits, although lease payments have been made by both Lamar and Bell. Both the Kapok Tree sign and Lamar have current permits, and Bell challenges the validity of the Lamar permit. But for its distance from the Lamar sign site, the Department would approve the Bell application. All parties stipulate that the Lamar notarized and certified application recites there is no sign within 500 feet of its site, when in fact the Kapok Tree sign was and is 380 feet from Lamar's site. Administration of outdoor advertising is dependent upon the representations made by an applicant in its application and the verification of said data by on-site inspection by the Department's inspector in issuing outdoor advertising permits. The Kapok Tree sign is not an on-premises sign.
Recommendation Having found that there are no valid grounds for denial, it is recommended that the Petitioner's application for an outdoor advertising permit be approved. DONE and RECOMMENDED this 22nd day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 22nd day of December, 1982. COPIES FURNISHED: Ted Doran, Esquire 100 Seabreeze Boulevard, Suite 130 Post Office Box 2134 Daytona Beach, Florida 32015 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Tallahassee, Florida 32301 Edward M. Keating, Manager Lamar-East Florida Outdoor Advertising 2801 South Ridgewood Avenue South Daytona, Florida 32019 Paul N. Pappas, Secretary Department of Transportation 605 Suwannee Street Tallahassee, Florida 32301
Findings Of Fact Lamar acquired permits AA-634 and 7504 from Peterson Outdoor Advertising Company for a double-faced sign located on U.S. 98, South, approximately one-half mile north of Crystal Lake Drive on a site leased from Mary D. and Billy Allred. The lease (Exhibit 1.), executed in 1978, was for a three-year term with automatic renewal for an additional five year period and thereafter from year to year on the same terms and conditions unless terminated by lessee by giving 30-days notice prior to the end of the lease year. By warranty deed dated June 14, 1983, (Exhibit 2.) Sun State acquired the property on which this sign was located from Allred. Rent on this lease for 1984 was sent to Allred by Lamar, endorsed over to Sun State and cashed by Sun State. A check for rent for 1985 sent by Lamar to Sun State was never negotiated. By letter dated April 3, 1985, (Exhibit 4.) Sun State Homes told Lamar to immediately remove the sign from its property on U.S. 98, South. On May 16, 1985, Sun State applied for a permit for a sign on U.S. 98, 550-feet north of North Crystal Lake Drive. This application was disapproved by DOT on June 7, 1985, in Exhibit 3 because it was in conflict with the sign for which Lamar held tags for the proposed site. On or about the same time, Sun State applied to Polk County for a building permit to erect a sign at this site. Polk County disapproved the application because DOT had denied the permit. By letter dated May 29, 1985, Sun State appealed the denial of their application. On or about May 27, 1985, Lamar removed their sign from Sun State's property. On May 28, 1985, Lamar submitted an application for a permit to erect a sign on U.S. 98, 1,200 feet north of N. Crystal Lake Drive (Exhibit 5.) and simultaneously surrendered tags no. AA-634 and 7504. Lamar had obtained permission from the owner of that property to erect a sign at this site. This application was denied by DOT because of the appeal by Sun State from its denial. DOT will not approve an application for a sign permit when the right of occupancy of the site is contested. Lamar appealed this denial and the two cases were consolidated for hearing. The two applications are mutually exclusive as only one can be granted without violating spacing requirements.
