Findings Of Fact The Respondent, T & L Management, Inc., was issued permits numbered AK081-12 and AK082-12 on or about August 30, 1983. These permits were for the erection of signs on the north side of I-10, approximately .4 mile west of SR 297, in Escambia County, Florida. They were issued because of the proximity of a welding business adjacent to the proposed sign location. The Respondent submitted the applications for these permits, and designated on the applications that the sign location would be in a commercial or industrial unzoned area within 800 feet of a business. On each of these applications the Respondent certified that the signs to be erected would meet all requirements of Chapter 479 of the Florida Statutes. Prior to the issuance of these permits, the subject site was inspected by the Department's outdoor advertising inspector, who approved the applications because of the existence of what she believed to be a welding shop nearby the proposed sign location. This inspector was looking for a welding shop because she had been informed that a welding shop was located there. What she saw was some welding being done on the property where the welding business was supposed to be. This could be seen from the interstate. Apparently because the inspector expected to find a welding business near the proposed sign site, she concluded that such a business existed there, and the applications were approved. However, the occupant of the subject property has lived there for 37 years, and he has never operated a welding business. He has only done welding on this site once since 1980, when he welded a bumper onto a truck in his barn. The photographs which were received in evidence show his property, and the general appearance of this area is residential or rural in nature, and not commercial. It is visible to traffic on I-10. The Department's inspector testified that she used a pair of binoculars to enable her to see a small sign reading "welding" on the property where she saw welding being done. However, the property owner denied that any such sign was on his property. Other witnesses presented by the Respondent also testified that they saw welding being done, but this issue has been resolved by accepting the testimony of the witness who lived on the property and who did the welding on the one occasion, as being the more credible and trustworthy evidence. The adjacent property is leased by Pensacola Outdoor Advertising. This property has a building on it which bears a small sign reading "Pensacola Outdoor Adv." and the telephone number. This building was leased by Pensacola Outdoor Advertising in 1984, and was not used for any business purpose when the permit applications were submitted. This property is also visible from I-10. When the Respondent applied for the subject permits there was no business activity being conducted within 800 feet of the proposed sign location. Therefore, the Department's inspector made a mistake in approving the Respondent's applications for this site. In October of 1984 the Department issued its violation notices advising the Respondent that the subject sign permits were being revoked.
The Issue Whether the outdoor advertising sign of Respondent should be removed for lack of an outdoor advertising permit and for being erected without a permit within the prohibited distance of an interstate highway.
Findings Of Fact A violation notice and Notice to Show Cause dated August 3, 1978, was served upon the Respondent charging him with violation of Chapter 479, Florida Statutes, Sections 335.13 and 339.301, Florida Statutes, and Rules 14-10.04 and 14-10.05, Florida Administrative Code. The sign in question carries the copy "Arrowhead Campsites" and is located 0.5 mile west of U.S. Highway 231 on Interstate Highway 10. An administrative hearing was requested on the charges. A billboard advertising Arrowhead Campsites has been erected within the past three years in Jackson County, Florida, about one-half mile west of U.S. 231 on the south side of Interstate 10. The sign is approximately fifteen (15) feet south of a fence located within the right-of-way of Interstate 10. The outdoor advertising is approximately one hundred (100) feet from the edge of the interstate highway and is clearly visible to the public traveling on the interstate. It obviously was erected to advertise the campsites to those traveling on the federal highway. The sign is located on private property in a rural area along the interstate highway. No outdoor advertising permit is attached to the subject sign, and no application has been made to the Florida Department of Transportation for a permit for subject sign. It was stipulated that the Respondent, Bill Reddick, is the husband of the owner of Arrowhead Campsites, and that Mr. Reddick accepted service of the notice and the notice has not been questioned.
Recommendation Remove the subject sign without compensation therefor and assess penalties as provided in Section 479.18, Florida Statutes. DONE and ORDERED this 9th day of April, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of April, 1979. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James P. Appleman, Esquire 206 Market Street Post Office Box 355 Marianna, Florida 32446 Richard C. Hurst, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Findings Of Fact The Respondent, Bill Salter Outdoor Advertising, Inc., was issued permits numbered AI625-10 and AI626-10 on or about February 15, 1983. These permits were for the erection of signs on the north side of I-10, approximately .65 mile west of SR 297, in Escambia County, Florida. They were issued because of the proximity of a welding business noted on a sketch attached to the applications submitted by the Respondent. The Respondent submitted the applications and the attached sketch for these permits, and designated on the applications that the sign location would be in an unzoned area within 800 feet of a business. The sketch shows what is designated as a welding business to be within 800 feet of the proposed sign location. On each of these applications the Respondent certified that the signs would meet all requirements of Chapter 479 of the Florida Statutes. Prior to the issuance of these permits, the subject site was inspected by the Department's outdoor advertising inspector, who approved the applications because of the existence of what was believed to be a welding shop nearby the proposed sign location. This inspector was looking for a welding shop because one was indicated to be there by the sketch attached to the applications. What she saw was some welding being done on the property where the welding business was shown on the sketch to be. This could be seen from the interstate. Apparently because the inspector expected to find a welding business near the proposed sign site as represented on the Respondent's applications, it was concluded that such a business existed there, and the applications were approved. However, the occupant of the subject property has lived there all his life, and has never operated a welding business. He has only done welding on this site once, when he welded a bumper onto a truck. This took ten to fifteen minutes to complete. The photographs which were received in evidence show his property, and the area depicted was substantially the same in 1983 as when the photos were taken. The general appearance of this area is residential or rural in nature, and not commercial. It is visible to traffic on I-10. The adjacent property is leased by Pensacola Outdoor Advertising. This property has a building on it which bears a small sign reading "Pensacola Outdoor Adv." and the telephone number. This building was leased by Pensacola Outdoor Advertising in February of 1984, and was not used for any business purpose when the permit applications were submitted. This property is also visible from I-10. However, when the Respondent applied for the subject permits there was no business activity being conducted within 800 feet of the proposed sign location. Therefore, the Department's inspector made a mistake in approving the Respondent's applications for this site. In May of 1984 the Department issued its violation letter advising the Respondent that the subject sign permits were being revoked.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AI625-10 and AI626-10 held by the Respondent, Bill Salter Outdoor Advertising, Inc,, authorizing signs on the north side of I-10, approximately .65 mile west of SR 297 in Escambia County, Florida, be revoked, and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 31st day of October, 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 31st day of October, 1985. APPENDIX TO RECOMMENDED ORDER, CASE NO. 85-4175T Petitioner's Proposed Findings of Fact: Accepted. Accepted. Accepted. Respondent's Proposed Findings of Fact: Accepted Rejected. Accepted. Rejected, as contrary to the weight of the evidence. Rejected, as contrary to the weight of the evidence, except for the grant of field approval of the permits which is accepted. Accepted, except for cost of erection of the sign which is rejected as irrelevant. Rejected, as irrelevant. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Accepted. COPIES FURNISHED: Charles G. Gardner, Esquire Hayden Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire P. O. Box 12308 Pensacola, Florida 32581 Honorable Thomas E. Drawdy Secretary Department of Transportation Hayden Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact The Steakery and the Sugarloaf Leisure Club are businesses in Summerland Key, Monroe County, Florida, that are owned by William A. Hare. For the past four years, Mr. Hare has, on behalf of his respective businesses, leased two outdoor advertising signs that are located on the same support structure with one sign being directly above the other. On one sign there appears an advertisement for The Steakery while on the other there appears an advertisement for the Sugarloaf Leisure Club. These two signs face are located in Monroe County, Florida, on the northbound side of U.S. 1, a federal-aid primary highway. The support structure for the signs is approximately 10 feet from the highway. No permit has been issued by the Florida Department of Transportation (DOT) for either sign. The signs are located in a part of Monroe County which is zoned "Native Area". This area is not zoned commercial or industrial and is not an unzoned commercial or industrial area. The signs are not located on the business premises of the sign owner. The signs were inspected by the DOT's Outdoor Advertising Inspector and found to have no state sign permits attached them. On October 5, 1989, DOT caused to be filed against the two signs notices that neither sign had the permit required by law and that the zoning for the location of the signs did not permit outdoor advertising signs. Respondents have not contested the method by which the notices were posted. Mr. Hare, on behalf of his businesses, filed a timely demand for formal hearing following his receipt of the notices of violation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a final order which finds that permits required by law have not been issued for the subject signs, that the signs are in a location that is ineligible for permitting because of its zoning, and which orders the immediate removal of the subject signs. DONE AND ENTERED this 15th day of February, 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 f Administrative Hearings this 15th day of February, 1990. APPENDIX TO THE RECOMMENDED ORDER IN CASES 89-6103T AND 89-61O4T The following rulings are made on the proposed findings of fact submitted on behalf of the Department of Transportation: 1. The proposed findings of fact in paragraph 1 are adopted in material part by paragraph 3 of the Recommended Order. 2. The proposed findings of fact in paragraph 2 are adopted in material part by paragraph 3 of the Recommended Order. 3. The proposed findings of fact in paragraph 3 are adopted in material part by paragraph 6 of the Recommended Order. 4. The proposed findings of fact in paragraph 4 are adopted in material part by paragraph 3 of the Recommended Order. 5. The proposed findings of fact in paragraph 5 are adopted in material part by paragraph 5 of the Recommended Order. COPIES FURNISHED: Rivers Buford, Jr., Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Mr. William Hare Owner, The Steakery Owner, Sugarloaf Leisure Club Post Office Box 723 Summerland Key, Florida 33042 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thomas H. Bateman, III General Counsel Department of Transportation Haydon Burns Bulding 605 Suwannee Street Tallahassee, Florida 32399-0458
Findings Of Fact Jefferson County has established comprehensive zoning for the county pursuant to its Development Code which became effective on April 1, 1983. This code provides a system of land use regulation which includes comprehensive zoning of commercial uses by a category called "Site Particularly Suited for Economic Activity." The commercial zone allows for one of three types of employment centers, namely, Type 1-5, Type 6-20, and Type 21, which are commercial enterprises or firms distinguished by the number of employees in a building or group of buildings at a particular location. Type 6-20 and Type 21 employment centers are only allowed in a "Site Particularly Suited for Economic Activity." Section 1 of Article 25 of this code allows outdoor advertising visible from an arterial highway to be located in one of the "Sites Particularly Suited for Economic Activity" as defined in Article 26. Section 2 of Article 26 of the code states that Economic Activity refers to Type 6-20 and Type 21 employment centers. The Petitioner, by its application for outdoor advertising permits, seeks to erect signs on the south side of I-10, .6 mile west of State Road 59 in Jefferson County, facing east and west. This site is in a Type 1-5 employment center, not a Type 6-20 or a Type 21 employment center, as required by Article 26 of the code. This site is also within 660 feet of the right-of-way of Interstate 10. It is without commercial activity, and is vacant land at the present time. On May 7, 1984, the Petitioner made an application to the Jefferson County Planning Commission for a change of land use, or variance, and listed as its purpose "Outdoor Advertising." On July 12, 1984, the Jefferson County Planning Commission approved the variance as applied for on the property which is the subject of this proceeding. Thereafter, on September 11, 1984, the Petitioner applied with the Department of Transportation for outdoor advertising permits at the subject location. This application was denied by the Department on September 13, 1984.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Seminole Inns, Inc., for permits to erect outdoor advertising signs on the south side of Interstate 10, .6 mile west of State Road 59 in Jefferson County, Florida, facing east and west, be denied. THIS RECOMMENDED ORDER entered this 22nd day of March, 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 22nd day of March, 1985. COPIES FURNISHED: Terrell C. Madigan, Esquire David D. Eastman, Esquire P. O. Box 669 Tallahassee, Florida 32302 Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact On or about August 16, 1982, the Respondent, Bill Salter Outdoor Advertising, Inc., filed applications for two permits to erect an outdoor advertising sign in Escambia County, Florida on the west side of I-110, .95 mile north of SR 296. This sign would have one face for northbound traffic and one face for southbound traffic, and would be located outside the city limits of Pensacola. These applications were field inspected by the Department's outdoor advertising inspector, and they were approved by the Department's district supervisor in Chipley. On or about September 20, 1982, the Department issued permits for the requested location to the Respondent. On these applications the Respondent designated that the proposed sign location was in an unzoned commercial area within 800 feet of a business. These applications also certified that the sign to be erected would meet all of the requirements of Chapter 479, Florida Statutes. A sketch attached to the applications showed that the proposed sign location would be adjacent to a business that was designated as Coleman Roofing. When the field inspector visited the site she was aware that an antique business was supposed to be located in the area because it was designated on another outdoor advertising company's application as a business that qualified another sign location as unzoned commercial. This inspector found Hazel's Antiques because there was a sign which said "antiques" and a nearby shed which was visible from the interstate. In continuing to look for Coleman Roofing, she walked up the embankment between I-110 and the subject location until she could see what she determined to be some roofing material stored at one end of the property. She approved the Respondent's applications more on the proximity of the antique business than on the basis of Coleman Roofing. The owner of the property where the antique business was supposed to be is not in the antique business and has never conducted any business activities from this property. She lives there in a mobile home, and no one else has ever been in business on her property. Another outdoor advertising company obtained her permission to place a sign on her property saying "antiques", and there are some antiques in her mother's home, but these are not for sale. A representative from this sign company also took out a county occupational license in the name of this property owner, but she did not apply for this license. The shed seen by the Department's inspector is used for cookouts, and while there is some old furniture outside, it is junk waiting to be carried away. The owner of the property where Coleman Roofing was supposed to be is a self-employed roofer operating out of a trailer in which he lives. He has also worked from his home as a carpenter. He has no business telephone in his home, only a residential listing, and he only does bookkeeping from the dining room of his home. Outside there is a shed where he has kept his boat and an outbuilding with junk and old furniture in it. When he is working on roofing jobs he orders roofing material delivered to the job site. His property is in a residential area, and any leftover roofing material that may be there is awaiting a trip to the dump. As viewed from I-110, there is no indication that any commercial activity is being conducted at the subject location. The nature of the area within 660 feet of the interstate right of-way and within 800 feet of the Respondent's sign is residential. Sometime prior to November of 1984, the site was 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 its notice 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 AH820-10 and AH821-10, held by the Respondent, Bill Salter Outdoor Advertising, Inc., authorizing a sign on the west side of I-110, .95 mile north of SR 295, in Escambia County, Florida, be revoked, and the subject sign removed. THIS RECOMMENDED ORDER entered this 12th day of September, 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 12th day of September, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire P. O. Box 12308 Pensacola, Florida 32581 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact On January 7, 1980, Dowden Funeral Home, Respondent, obtained a building permit from Highlands County (Exhibit 4), to construct a wooden sign along U.S. 17 near Sebring, Florida; and thereafter constructed a 20-foot by 14- foot sign along U.S. 17, 0.25 mile northeast of U.S. 27. The location is just outside the city limits of Sebring, Florida, and U.S. 17 is a federal-aid primary highway. Respondent's sign is located approximately 200 feet from a Barnett Bank sign which was permitted and erected in 1977 (Exhibit 6). Respondent's witness contends that when he obtained the building permit and inquired if additional permits were needed to erect this sign, he was told no by the county building officials.
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 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.
The Issue Is the Notice of Violation against Respondent valid; and if valid, may the Department of Transportation require that the allegedly offending signs be removed?
Findings Of Fact On June 7, 2001, DOT issued Notice of Violation 10B ST 2001 412, against a billboard sign located adjacent to Interstate 95 (I-95), approximately 1.3 miles north of the intersection of I-95 and U.S. Highway 1 at Exit 92. The notice alleged that the sign violates Chapter 479, Florida Statutes, in that it is unpermitted. DOT contends that the sign advertises for the Café Erotica restaurant, a business establishment not located on the same premises as the sign, and that there is no visible business occurring on the premises where the sign is located. I-95 is part of the Interstate Highway System. The sign is located within 660 feet of the nearest edge of the right-of-way of I-95 and can be seen without visual aid by motorists of normal visual acuity traveling on I-95. The sign is a "permanent" one and has never been permitted by DOT. Exit 94 has not applied to DOT for a sign permit for the subject sign or paid any sign permit fees for it. No sign permit has been issued to any entity for the sign. The sign displays the words "Café Erotica/We Dare to Bare/Adult Toys/Great Food/Exit 94, Inc." The phrases on the sign are displayed on two stacked faces without the slashes. The letters are all capitalized; the size of the letters and the paint colors of yellow and black call the viewer's attention to the phrases, "CAFE? EROTICA," "WE DARE TO BARE," "ADULT TOYS," "GREAT FOOD," and "EXIT 94." The words "WE DARE TO BARE" and "EXIT 94" are in very large black type and cover most of the two faces of the sign. The phrases "CAFÉ EROTICA," "ADULT TOYS," "GREAT FOOD," and the abbreviation "INC.," are the phrases smallest in size, located at the very top left, middle right, middle left and bottom right of the sign. All the small phrases are in black type and are relatively inconspicuous compared with the rest of the sign. There are no addresses, telephone numbers, arrows, or other identifying information on the sign. Respondent, Cafe Erotica, We Dare to Bare, Adult Toys/Great Food, Exit 94, Inc., is a Florida corporation. It was incorporated in 1998. At all times material, Café Erotica, We Dare to Bare, Adult Toys/Great Food, Exit 94, Inc., has been a corporation in good standing with the Florida Department of State, which has registered and approved its corporate name pursuant to Section 607.0401, Florida Statutes. Asher G. Sullivan, Jr., a/k/a Jerry Sullivan, is incorporator, president, shareholder, and director of Respondent. Mr. Sullivan chose the name of the company because the words and phrases "get your attention," are memorable, and are words and phrases Mr. Sullivan has used a lot over the years to advertise for the Café Erotica. Exit 94 does not sell food or adult toys. It does not offer dancers for public viewing. The business of Exit 94 is the development of hunting and fishing camps on various pieces of property it owns or leases in Florida and Georgia. Café Erotica of Florida, Inc., d/b/a Café Erotica (Café Erotica), is a Florida corporation which holds the license and owns the assets of the Café Erotica restaurant. Jerry Sullivan also is president, shareholder, and owner of Café Erotica. Exit 94 leases the land where the sign is located from James Grady Wainright, the owner of the property. The rental property consists of approximately ten acres. The lease was signed on April 20, 2001. The annual rent is $3000.00 per year. Mr. Wainright has received all the rent for 2001 from Mr. Sullivan. Mr. Sullivan was reimbursed by Respondent shortly after he paid the rent to Mr. Wainright. The stated purpose of the lease is the construction and maintenance of a hunting and fishing camp. The lease also authorizes Exit 94 to erect advertising signs on the property, states that any such signs will remain the property of Exit 94, forbids Mr. Wainright from obstructing the highway view of such signs, and grants Exit 94 permission to remove any vegetation that may obstruct the view of such signs. Mr. Wainright originally contacted Mr. Sullivan about leasing the property because he was interested in obtaining income from having a sign on his property. However, his interest resulted in the current hunting and fishing camp lease. The Café Erotica restaurant is a 24-hour per day, full-service restaurant which features dancers clad in bathing suits and which sells adult toys. The Café Erotica restaurant is located at 2620 State Road 207 (SR 207), at the intersection of SR 207 and the exit 94 off-ramp from I-95. The real property owned by Café Erotica is not contiguous to the subject real property owned by Exit 94. The real property owned by Exit 94, which is the subject of DOT's Notice of Violation, is approximately nine miles from the Café Erotica restaurant. Mr. Sullivan makes the advertising decisions for Café Erotica. In the past, Café Erotica has advertised "we dare to bare," "adult toys," and "exit 94" on other billboards located adjacent to I-95 in St. Johns County. Until about two weeks before the hearing of this matter, Café Erotica maintained a billboard at the café that displayed the words "PRIVATE DANCES," "GREAT FOOD," and "ADULT TOYS." At the time of hearing the billboards at Café Erotica now include words disparaging of the Department. Café Erotica does not own any interest in the subject sign and no citizen testified that the sign had caused him/her to patronize Café Erotica. However, given the similarity of the corporate name of Exit 94 to advertising used by Café Erotica and the location of Café Erotica at Exit 94, it is likely that Respondent's corporate advertising could also be interpreted as intended for Café Erotica and therefore be of incidental benefit to Café Erotica. On the other hand, the sign is intended to advertise Exit 94's hunting and fishing camps. In short, Mr. Sullivan and his corporations receive a dual benefit from the sign at issue here. Exit 94 lists addresses and locations other than the subject property as its business address(es) for various purposes. Mr. Sullivan's and Exit 94's main business address and office is on SR 206 off Exit 93 on I-95. Exit 94 maintains no office or telephone on the subject property. Jerry Sullivan has directed all activity on the Exit 94 property. His son is a licensed hunting and fishing guide. Jerry Sullivan anticipates creating, maintaining, and charging people for the privilege of using the subject property as a fishing and hunting camp with guide services, if desired, provided by his son. He also intends to reward employees and clients of his various enterprises with free privileges at the camp. Currently, Exit 94's only revenues have been payments from other companies owned by Mr. Sullivan or his wife for use of the hunting and fishing camps maintained by Exit 94. The company has operated at a loss since its inception. The loss is made up by Mr. Sullivan as is needed. There is no public access to the property Exit 94 leases from Mr. Wainright. The property is accessible by going through property owned by a timber company. The closest exit off I-95 to get to the property is Exit 92, where U.S. Highway 1 intersects with I-95. As of the hearing of this matter, Exit 94 was not operating a fishing camp open to the public on the property leased from Mr. Wainright. However, such a public enterprise is not required in order for Exit 94 to be a legitimate business. The parties do not dispute the fact that there is a pond on the subject property. The evidence varied as to the size and quality of the pond with the lower estimate by the Department at 1/2 to 3/4 of an acre and the higher estimate of two acres provided by the landowner. Respondent estimated the size of the pond to be slightly less than two acres. The pond was not stocked with fish, but did have some fish present. Respondent has ordered special hybrid bream to stock the pond for "catch and release" by Respondent's customers and guests. The property was not stocked with game animals, although such stocks would not be necessary for hunting since wild game including turkey, boars, and ducks are already present. There was also one very ramshackle deer blind on the property. There were no public restrooms, offices, or facilities to clean game on the premises. No fishing equipment was available for purchase. A small trailer was located on the premises. The trailer was placed there and is owned by Mr. Wainright. It is unknown if the trailer is available for overnight lodging. However, the trailer is not necessary for the property to function as an overnight camp and no witness testified to having camped overnight on the subject property. Petitioner routinely distributes corn for seeding the woods for deer and other game. Given the location of the subject property, game attraction is certainly feasible. Bill Harry showed DOT personnel around the subject property. The Department's witness, Tom Simmons, was generally critical of the quality of the hunting and fishing facilities. While there were no people using the pond during his brief inspection, Mr. Simmons has no personal knowledge as to whether people actually hunted or fished on the property at any other time. The Department's representative acknowledged that he saw feed corn scattered on the property for use in luring wildlife to the premises. Exit 94 holds an occupational license from St. Johns County as a "fish camp." In issuing this license, the county accepted Exit 94's designation of its business. Exit 94 has applied for a "fish farm" license from the Florida Game and Freshwater Fish Commission. Exit 94 produced invoices sent to clients for hunting and fishing privileges on the subject property, corresponding checks in payment, and tax returns. Exit 94 is a legitimate business. It is in the business of providing and developing hunting and fishing camps for use as directed by Exit 94. No reason was demonstrated to pierce the corporate veil of Exit 94. The sign located on the property at issue here only and primarily contains the name of the corporation and is exempt from the general sign permitting requirements. Therefore, the Notice of Violation should be dismissed.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is
