The Issue Whether the subject outdoor advertising signs are illegal because they were erected without state permits from Petitioner. Whether the subject signs should be removed. Whether Petitioner is equitably estopped to assert that the signs are illegal and should be removed.
Findings Of Fact Respondent owns and maintains an outdoor advertising sign located adjacent to Interstate 95 on Northwest 6th Court, which is between Northwest 75th Street and Northwest 76th Street, Miami, Dade County, Florida. For ease of reference, this sign will be referred to as the Interstate 95 sign. The Interstate 95 sign has two facings, each of which is visible from Interstate 95. The Interstate 95 sign is located within 147 feet of the right-of-way of Interstate 95. Respondent owns and maintains an outdoor advertising sign located adjacent to Interstate 395 at the corner of Northwest 14th Street and Northwest 1st Court, Miami, Dade County, Florida. For ease of reference, this sign will be referred to as the Interstate 395 sign. The Interstate 395 sign has two facings, each of which is visible from Interstate 395. The Interstate 395 sign is located within 240 feet of the right- of-way of Interstate 395. Eugene A. (Andy) Hancock, Jr., is the President of the corporate Respondent and, at the times pertinent to this proceeding, controlled the activities of Respondent. Mr. Hancock caused the corporate Respondent to lease the respective properties on which the subject signs are located in November 1998. He thereafter caused the corporate Respondent to erect the two double-faced signs at issue in this proceeding. The subject signs were constructed during September and October 1999. Each sign was constructed without a state permit from Petitioner. Each sign is within the permitting jurisdiction of Petitioner. Mr. Hancock testified that his company did not apply for permits from Petitioner because of a conversation he had with Bernard Davis, a former outdoor advertising administrator for Petitioner. Mr. Hancock testified that Mr. Davis represented to him that his company would not need permits from Petitioner if it had permits from the City of Miami. This testimony is rejected. 3/ Respondent has applied for state sign permits for the subject signs. Permits for these signs have not been issued because of their proximity to existing, permitted signs. 4/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding that the subject signs are illegal and must be removed pursuant to Section 479.105, Florida Statutes. DONE AND ENTERED this 6th day of February, 2001, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of February, 2001.
The Issue Whether the sign of Petitioner should be removed for having been erected without a permit from the Respondent, the Department of Transportation.
Findings Of Fact A violation notice was issued by the Respondent against the Petitioner on August 18, 1977, alleging that Petitioner was in violation of Chapter 479.07(2) and Rule 14-10.04, inasmuch as Petitioner maintained a sign with no current tag visible, located .3 miles north of State Road 516 e/s on US Highway #1 (308 north, Mile Post 13.62) with copy "Fish Camp". Petitioner requested an administrative hearing. There was no dispute between the parties as to the location of the sign as cited in the violation notice but the parties stipulated that the copy of the subject sign advertised "Castaway Point, Scenic, Secluded, Relaxing, Enjoyable". It was undisputed that the sign carried no visible permit tag. There was no dispute that the sign was erected without a permit from the Respondent, Department of Transportation. The sign is a two faced sign, one faces north and one faces south. There is a permitted sign less than 500 feet from the subject sign facing the same way on the same side of the street, both for the north face and for the south face. There has been a sign located in the approximate position of the Petitioner's sign for many years advertising the business of the Petitioner over 100 feet away. The sign was lighted in 1975. The Petitioner contends: (a) that the first time he knew of the law was at the time he received the subject violation notice (b) that there are many other signs in the vicinity of his sign which are not 500 feet apart and which advertise businesses 100 miles away (c) that the Respondent, Department of Transportation, notified the large sign companies before the private individuals were notified and therefore gave the large sign companies the opportunity to permit their signs whereas the individuals had no opportunity to secure permits for their signs (d) that the public would have no way of finding Petitioner's business unless the sign is allowed to stand. The Respondent contends: (a) that the sign cannot be permitted inasmuch as it can not comply with the statutory spacing requirement in its present location and that it now stands without a current tag visible.
Recommendation Remove the Peittioner's sign, unless said sign is removed by Petitioner or is satisfactorily relocated within 10 days of the issuance of this order. DONE AND ENTERED this 21st day of August, 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: Mr. Gary Dotson 315 Bay Boulevard Palm Bay, Florida 32905 Philip Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact On July 6 and 13, 1983, the Department resolved in its district office in Chipley, Florida, the Respondent's applications for permits to erect two stacked, back-to-back, outdoor advertising signs in Jackson County, Florida, on the south side of 1-10, one approximately 2.9 miles and the other approximately 3.1 miles west of SR 69. These permit applications stated that the locations requested were in an unzoned commercial or industrial area within 800 feet of a business. The Department's outdoor advertising inspector visited the sites twice after having reviewed the Respondent's applications and being told that he would find a business known as Dave's Garage there. The first time he visited he did not see the business. On the second visit he saw the top of a tin building and the top of a house from the interstate. There was an antenna visible on the housetop, but he could not see any commercial activity. After driving off the interstate to the site of the buildings, he found a car, a bus, a shed, some grease and oil cans, but no one was there. The front of the building had a sign on it which said Dave's Garage. Nothing could be seen from I-10 to identify this site as the location of a business, however. Based upon his inspection of the site, coupled with the Respondent's representation that a business existed there, the inspector approved the Respondent's applications. They were also approved by his supervisor, and permits for the requested locations were issued because of the proximity of the business known as Dave's Garage to the subject sites. Subsequently, after the permits had been issued, the Respondent erected its signs which are the subject of this proceeding. From January to March, 1985, there was still no business activity at the subject site that was visible from I-10. On March 12, 1985, two days before the hearing, an on-premise sign bearing the words Dave's Garage, was erected which is visible from I-10. Otherwise, the area is rural in nature. The Respondent, through its agents Ron Gay and Terry Davis, submitted the applications for the subject permits, and designated thereon that the proposed locations were in an unzoned commercial area within 800 feet of a business. These applications also certified that the signs to be erected met all of the requirements of Chapter 479, Florida Statutes. During the summer of 1984, the sites were inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because of the absence of visible commercial activity within 800 feet of the signs. As a result, the Department issued notices of violation advising the Respondent that the subject sign permits were being revoked.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit numbers AJ725-10, AJ726-10, AJ723 10, AJ724-10, AJ720-10, AJ721-10, AJ719-10 and AJ722-10, held by the Respondent, Tri-State Systems, Inc., authorizing two signs on the south side of I-10, 2.9 miles and 3.1 miles west of SR 69 in Jackson County, Florida, be revoked, and the subject signs removed. THIS RECOMMENDED ORDER entered this 6th day of August, 1985, 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 6th day of August, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire P. O. Box 2151 Orlando, Florida 32802-2151 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
The Issue Whether a sign owned by Henderson Sign Company located approximately one- tenth of a mile east of the junction of State Road 73 and U.S. 90 containing as old copy "Key Drug Center" and new copy "Best Western Motor Inn" is in violation of the permit (Section 479.07(1) and (6), F.S.), spacing (Sections 479.02 and 479.111(2), F.S.), and setback (Section 479.11(1),F.S.) requirements.
Findings Of Fact The respondent owns and maintains an outdoor advertising structure adjacent to U.S. Highway 90 approximately one-tenth mile east of its intersection with State Road No. 73 within the corporate limits of the City of Marianna. This structure is a double billboard, with one advertisement for "Key Drug Center," erected in August of 1974, and the other for "Best Western Motor Inn" erected in April of 1976. It is located approximately five (5) feet from the edge of the sidewalk approximately 10 to 15 feet from the edge of the north side of Highway 90. At the time of the Respondent's erection of the first sign, he obtained a permit from the City of Marianna but not from Petitioner Department of Transportation. Before erection of the second sign, in 1976, the Respondent submitted an application to the Petitioner, but the application was denied. There is no other outdoor advertising structure bearing a properly issued permit from the Petitioner in existence within 500 feet from the Respondent's advertising structure although there is a non-permitted sign within 120 feet facing in the same direction. Petitioner has entered into evidence a copy of the zoning ordinance of Marianna, Florida. Petitioner contends: that the signs of Respondent violate the set-back, space and permit section of Chapter 479, Florida Statutes, and of The Governor's Agreement of 1972. Respondent contends: that the Petitioner has not proved where the edge of the right-of-way of Federal Highway 90 is located, that the other sign, if any, is not a lawful sign, having no permit, so the spacing violation, if any, is not enforceable and that the requirement of Chapter 479, Florida Statutes, does not apply to incorporated cities.
Recommendation Remove subject signs for violation of the 660 foot setback requirements of a federal aid highway, Section 479.11(1), and the spacing requirements of the Governor's Agreement of January 27, 1972. The zoning ordinance of Marianna, Florida does not show that there is effective control of outdoor advertising by the City of Marianna. DONE and ORDERED this 13th 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 Office of Legal Operations Department of Transportation Room 562 Haydon Burns Building Tallahassee, Florida 32304 Richard Wayne Grant, Esquire 209 North Jefferson Street Marianna, Florida 32446 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Henderson Sign Service Post Office Box 887 Marianna, Florida Mr. J. E. Jordan District Sign Coordinator Department of Transportation Post Office Box 607 Chipley, Florida 32428
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 U.S. Highway 27 in Gadsden County, Florida. The sign is located approximately 1/2 mile South of the city limits of Havana. This sign has not been permitted in the years 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 for a current permit.
Findings Of Fact The Respondent, Empire Outdoor Advertising, Inc., is the owner of a sign located on the westbound or north side of Northwest 54th Street approximately 20 feet east of Northwest 12th Avenue, in Dade County, Florida. Northwest 54th Street is also designated as State Road 25A. The Respondent's sign is a structure or billboard designed to advertise or inform, and its copy is visible from the main traveled way of the adjacent roadway of State Road 25A or Northwest 54th Street. At the site where the Respondent's sign is located, State Road 25A or Northwest 54th street is a part of the federal-aid primary highway system, and this roadway is open to the public for vehicular traffic. The Respondent's sign is located within 660 feet from the nearest edge of the pavement of State Road 25A. The Respondent's sign is situated within 500 feet from another outdoor advertising structure on the same side of the highway. These two signs face in the same direction and are both visible to westbound traffic on the north side of State Road 25A or Northwest 54th Street. The Respondent's sign has affixed to it copy which advertises Imported Canadian Mist. This structure does not fall within any of the exceptions to the statutory licensing requirements set forth in Section 479.16, Florida Statutes, and it must have a state sign permit. The Respondent has not applied for an outdoor advertising permit from the Department, and no such permit has been issued by the Department for the subject sign.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter its Final Order finding the Respondent's sign which is the subject of this proceeding to be in violation of the applicable statutes and rules, and ordering its removal. THIS RECOMMENDED ORDER entered this 25th day of January, 1984, 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 25th day of January, 1984. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 L. Martin Reeder, Jr., Esquire Post Office Box 2637 Palm Beach, Florida 33480
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.
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
Findings Of Fact The sign which is the subject of this proceeding was cited for violations of the Florida statutes and rules regulating outdoor advertising structures by notice of violation dated November 3, 1983, and served on the Respondent as owner of this sign. The subject sign is located on the north side of Interstate 10, 1.6 miles east of State Road 267, in Gadsden County, Florida. This structure is an outdoor sign, or display, or device, or figure, or painting, or drawing, or message, or placard, or poster, or billboard, or other thing, designed, intended or used to advertise or inform with all or part of its advertising or informative content visible from the main traveled way of Interstate 10. The structure is located within 660 feet of the nearest edge of the pavement of Interstate 10, as alleged in the violation notice dated November 3, 1983. The structure was located outside any incorporated city or town on the date it was built. The structure was not located in a commercial or industrial zoned or unzoned area on the date it was built. The structure was constructed, or erected, without a currently valid permit issued by the Department of Transportation; it was operated, used, or maintained without such a permit; and a Department of Transportation outdoor advertising permit has never been issued for the subject structure. The structure does not fall within any of the exceptions listed in Section 479.16, Florida Statutes. The structure was located adjacent to and visible from the main traveled way of a roadway open to the use of the public for purposes of vehicular traffic in the State of Florida at the time it was built. The structure had affixed the copy or message as shown on the notice of violation when it was issued; namely, Texaco Next Exit Turn Left - Food Store. Hinson Oil Company is the owner of the sign or structure which is the subject of this proceeding.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the sign owned by the Respondent, Hinson Oil Company, located on the north side of Interstate 10, 1.6 miles east of State Road 267, in Gadsden County, Florida, be removed. DONE and ORDERED this 31st day of August, 1984, in Tallahassee, Florida. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Horns Building, MS-58 Tallahassee, Fl. 32301-8064 Mr. E. W. Hinson, Jr. Hinson Oil Company P O. Box 448 Quincy, Florida 32351 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 August, 1984. Paul Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact By notice of alleged violation dated April 18, 1979, the Department of Transportation (hereafter "Department") charged that the Respondent, Ron Sorg installed a sign on U.S. 301, 7.19 miles south of I-4 in violation of Rules 14- 10.04 and 14-10.05, Florida Administrative Code. The sign in question is an outdoor advertising, sign, located on private property in an area zoned agriculture and has been in its present location for at least ten years. The sign has never been permitted and the road on which it borders is presently classified as a federal-aid primary road. Until 1976, the road on which the sign borders was a federal-aid secondary road. Following the notice of violation, the Respondent applied for a sign permit on October 12, 1979. Since none of the above facts were in dispute, the only issue remaining is the law which is to be applied to this particular sign. Both parties agreed to submit the legal issue to the Hearing Officer for determination.
