Findings Of Fact By Advertising Sign Permit dated March 4, 1985 (Exhibit 3), Clear Vu Media was authorized to locate a sign with both east and west facing boards on State Road 52, 2- 1/2 miles east of Plaza Drive (Little Road). The permit was issued by Linda K. Brown, outdoor advertising inspector for DOT. Prior to issuing the permit Brown visited the proposed site and approved the location as meeting the requirements for an outdoor advertising sign. Subsequent to the erection of the sign Brown inspected the sign and found the sign to be located on a site other than the approved site. The existing structure is located 890 feet from another existing and permitted sign. The approved site is located at least 1,000 feet from this existing sign and from any other permitted sign along State Road 52. State Road 52 is a federal-aid primary highway. A Notice of Hearing was sent to Clear Vu Media, Post Office Box 2038, New Port Richey, Florida 33552, by U.S. Mail and was not returned as undelivered.
Findings Of Fact On January 27, 1982, the department of Transportation notified the Petitioner, Vortex Springs, Inc., that its applications for the outdoor advertising sign permits which are the subject of these proceedings were denied because the zoning had been determined to be unacceptable. These applications seek permits authorizing two signs on I-10 in Holmes County, Florida, one approximately 1.38 miles west of SR 81 facing west, and the other approximately 1.1 miles east of SR 81 facing east. Both of these locations are inside the city limits of the municipality of Ponce de Leon, Florida. The signs for which the Petitioner seeks permits were already erected when the subject applications were submitted to the department. There was no other evidence presented that was relevant or would support additional findings of fact.
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
The Issue Whether DOT should void outdoor advertising permits Nos. AT402-35 and AT403-35?
Findings Of Fact On March 20, 1987, (T. 12) DOT issued advertising sign permits to respondent, Nos. AT 402-35 and AT 403-35, authorizing construction of a metal outdoor advertising sign "monopole" 43 feet high with sign boards facing north and south, less than a tenth of a mile south of Alternate U.S. Highway 90, a "federal aid primary road" (T. 11), immediately west of State Road 297 in Escambia County. DOT's Exhibit No. 1. In May of 1988, Outdoor Media, Inc., applied for a permit to construct an outdoor advertising sign at a site five or six hundred feet east of the intersection of State Road 297 and Alternate U.S. Highway 90. Because the site proposed by Outdoor Media, Inc., is visible from and lies within 660 feet of the main traveled way of Alternate U.S. Highway 90 and because it lies within 1,000 feet of the site on which DOT had authorized Salter to erect signs, DOT denied Outdoor Media, Inc.'s, application. When Philip N. Brown, who works in DOT's outdoor advertising section, reported that no sign had ever been built at the site for which Salter had obtained permits Nos. AT402-35 and AT403-35, DOT notified Salter of its intent to void and revoke the permits. DOT's Exhibit No. 2. Some time after June 19, 1988, more than 18 days after DOT sent Salter notice of its intent to void the sign permits, Salter erected a wooden sign on the site. On March 10, 1988, Salter had obtained a building permit from Escambia County for the metal monopole structure, but, because more than 180 days had elapsed without any call for inspection, Escambia County declared the building permit null and void on September 23, 1988.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department take no action, against Henderson Signs on these charges. DONE and ORDERED this 16th day of February, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, The Carlton Building Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of February, 1979. COPIES FURNISHED: Frank H. King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James P. Appleman, Esquire 206 Market Street Post Office Box 285 Marianna, Florida 32446
Findings Of Fact A notice was sent to the Respondent on the 11th day of May, 1977, alleging violation of Section 479.07(1), 479.11(1), Florida Statutes, for the reason that the sign owned by the Respondent had no permit attached thereto and was located within 15 feet of the right of way of the secondary road. Respondent's sign is painted on a guard rail which had been erected in front of the residence which stood at the east/west end of the intersection or "T" of State Road 707 and State Road 707A. The copy on the sign which was in two parts read: "Indian River Beverage Deli Take-out Catering" and a telephone number "333-5600--1 1/2 miles South" with an arrow indicating a southerly direction. The immediate area of the residence protected by the guard rail includes a parking lot and a trailer park. The sign advertises the business of the Respondent located 1 1/2 miles from the zone. The sign is approximately 6 feet from the edge of the pavement of the secondary road. No permit was applied for or secured before the sign was painted on the guard rail. Petitioner contends that the sign must be removed inasmuch as it sits less than 15 feet from the edge of the paved secondary road and that no permit was applied for or secured. Respondent contends that he assumed that the owner of the guard rail had gotten a permit to erect the guard rail and that the guard rail was erected to protect the house inasmuch as the house had been invaded by traveling automobiles seven times in seven years. He further contended that the sign was all dirty and rusty, and he made an agreement with the owner of the property to paint the sign and that it was sandblasted, cleaned up and painted in white and made traveling on the state road safer as well as advertising his establishment.
Recommendation Remove the sign unless it has been removed within five (5) days after final order is issued. DONE and ENTERED this 19th day of December, 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: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Martin K. Hawthorne Indian River Beverage, Inc. 2222 Indian River Drive Jensen Beach, Florida 33457
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 Respondent is in violation of Sections 479.07(1) and 479.11(1) and (2), Florida Statutes.
Findings Of Fact Fred C. Glass, Outdoor Advertising Inspector, testified that he had inspected an outdoor advertising sign located on State Road 8 (I-10) 3.48 miles south of State Road 53 which was not located within a municipality. Said sign was located 31 feet from the right of way of I-10. His inspection revealed that said sign did not have a permit tag affixed. Located near the sign was a small building without windows and a gas pump. There was no one present on the site when inspected. The building and pump wore locked up. Glass testified that the pump and building did not look as if it had ever been used. Glass identified Composite Exhibit 1, as polaroid pictures he had taken on October 3, 1975 at 3:00 p.m. and they were received into evidence. From his duties Glass would have been aware of any application received for such a sign, and he stated he had never received an application. Glass said he had not talked with Davis about the sign, but concluded it was Davis' sign from the nature of the sign's advertisement, and the fact that the J. B. Davis' service station was located at the next exit. J. B. Davis testified that the sign was not his but was located on the site of a service station belonging to L. H. Thurman, Route 2, Lee, Florida. J. B. Davis identified Exhibit 2A as a copy of Thurman's Sales Tax Certificate and Exhibit 2B as Thurman's gasoline Dealers License which David had obtained from Thurman. Davis testified that as the gasoline distributor for the counties in the area he supplied gasoline to Thurman who operated the station. He supplied a couple of hundred gallons to Thurman per month. The property where the station is located is leased by Thurman from a Mr. Woods. Davis further testified that one would take the "next exit" to go to Thurman's station.
Recommendation Having failed to show J. B. Davis' ownership of the sign, the Hearing Officer recommends the charges be dismissed. DONE and ORDERED this 10th day of February, 1976. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Jay Hendrickson, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 J. B. Davis, President J. B. Davis, Inc. Base and Duval Street Madison, Florida 32340
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
The Issue Whether the respondents or some of them erected and maintained outdoor advertising signs in violation of Rule 14-10.006(1)(a), Florida Administrative Code, because more than two advertisements or "messages" were visible to motorists at the same location?
Findings Of Fact Visible to west-bound traffic on Interstate Highway 10 are two billboards both of the same, concededly lawful size, mounted on a single structure, one on top of the other, 1.75 miles east of State Road 69 in Jackson County. The upper sign advertises a Holiday Inn in Marianna. The bottom sign advertises a Best Western motel (yellow logo against black background) and a McDonald's restaurant (golden arches and white lettering against a red background.) Between the two businesses's names on the bottom sign board appears "11 MI EXIT 21" against a white background. Petitioner's Exhibit No. 1 (89-1716T). Also visible to west-bound traffic on Interstate Highway 10 are two billboards of the same size mounted on the same structure, one on top of the other, 2.4 miles east of State Road 77 in Washington County. The upper sign advertises the Chipley Motel. Over the words "THIS EXIT," the central portion of the lower sign advertises a Stuckey's store. Flanking this central portion, both ends of the billboard are taken up with advertisements featuring petroleum trademarks (a scallop shell and a star.) Petitioner's Exhibit No. 1 (89-1714T). Visible to east-bound traffic on Interstate Highway 10 are two billboards of the same size mounted one on top of the other on the same poles, 1.2 miles west of State Road 77 in Washington County. The upper sign advertises a single business establishment. Underneath, half the sign is devoted to advertising the Washington Motor Inn and half to touting The Outlet Center. Petitioner's Exhibit No. 1 (89-1923T). Visible to west-bound traffic on Interstate Highway 10 are two billboards of the same size mounted on the same structure one on top of the other, 2.7 miles east of State Road 77 in Washington County. The upper sign advises motorists of the proximity of a motel. The lower sign advertises both a Chevron filling station and a Western Sizzlin restaurant, devoting half the panel to each. Petitioner's Exhibit No. 1 (89-1921T). Also visible to west-bound traffic on Interstate Highway 10 is a pair of billboards mounted one over the other at a site 1.3 miles west of State Road 77 in Washington County. The upper panel is devoted exclusively to informing the driving public of a nearby motel. The lower billboard, like the lower billboard located 1.7 miles east of State Road 69, advertises a McDonald's restaurant and a Best Western motel, and does so in a similar bipartite manner. Petitioner's Exhibit No. 1 (89- 1922T) Finally, also visible to west-bound traffic on Interstate Highway 10 is another pair of billboards mounted on top of one another on the same poles, a mile east of State Road 77 in Washington County. The upper sign advertises a McDonald's restaurant. Like the lower sign located 2.4 miles east of State Road 77, the lower sign located a mile east advertises not only Stuckey's, but also Shell and Texaco gasolines. Petitioner's Exhibit No. 1 (89-1924T). A handbook DOT employees use depicts three billboards at one location, over the caption: "One of the three faces is illegal if erected after January 28, 1972. Petitioner's Exhibit No. 2. DOT has not promulgated the handbook as a rule. The evidence did not establish when the billboards in question here were erected. But for Milford C. Truette's perspicacity, these cases might never have arisen. As acting outdoor advertising supervisor for DOT's District II, he told Elsie Myrick, a property and outdoor advertising inspector for DOT, that she "might want to check into ... [the signs involved here] and see that they were in violation." Myrick deposition p. 8. In the subsequently formed opinion of Ms. Myrick, it is unlawful for an outdoor advertising sign to advertise three or more locations at which the same advertiser does business or three or more businesses at the same location, although the proprietor of a single store might lawfully advertise three or more products for sale at the store, and a motel owner is free to advertise a restaurant and a cocktail lounge, at least if they are under the same roof. Respondent's signs are in violation, in Ms. Myrick's view, because, "You're getting across more messages than what you're allowed in a space." Myrick deposition, p. 15. Ms. Myrick thought a sign advertising several stores housed in a single mall would be illegal, but Mr. Truette and Mr. Kissinger, DOT motorist information services coordinator, disagreed. Ms. Myrick rejected the suggestion that common ownership of advertisers would make a difference, but Mr. Kissinger's views on this point were less clear. T.52-3. Mr. Kissinger believes that an outdoor advertising sign can advertise multiple locations at which an enterprise conducts business, or even multiple business entities, if they are all located on the same parcel of real estate.
Recommendation It is accordingly, RECOMMENDED: That petitioner dismiss the notices to show cause issued in each of these consolidated cases. DONE and ENTERED this 20th day of November, 1989, in Tallahassee, Florida. ROBERT T. BENTON, II 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 of Administrative Hearings this 20th day of November, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NOS. 89-1714T, 89-1716T, 89-1921T, 89-1922T, 89-1923T, 89-1924 Except for the last sentence in proposed finding of fact No. 4, petitioner's proposed findings of fact 1 through 5 have been adopted, in substance, insofar as material. Respondent's proposed findings of fact were not numbered, but have been treated fully in the recommended order. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building, M.S.-58 605 Suwanee Street Tallahassee, Florida 32399-0458 Gerald S. Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802
