Findings Of Fact On February 9, 1982, George King, Sign Inspector for the Department of Transportation, observed and checked a sign located approximately three-tenths of a mile east of the Hendry County line on state Road U.S. 27, in Palm Beach County, Florida. State Road U.S. 27 is a federal-aid primary highway which is open and utilized by the traveling public. The sign in question, which is visible from U.S. 27, advertises "Cape Realty" and is located approximately two feet off of the right-of-way line, outside the city limits in an area zoned agricultural. At the time the sign was inspected on February 9, 1982, there was no state permit attached to the sign. An examination of the photograph of the subject sign taken by the inspector on December 14, 1982, at the same location, shows no state permit affixed to the structure. Additionally, by timely failing to answer admissions requested by Petitioner, the Respondent is deemed to have admitted ownership and that the subject sign was erected without a state permit in an unpermittable zoning area, outside any incorporated city of town, adjacent to and visible from the main traveled way of U.S. 27.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered by the Department of Transportation finding that the sign in question is in violation of applicable rules and statutes and should be removed. DONE and ORDERED this 8th day of March, 1983, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Department of Administration 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 8 day of March, 1983. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32301 Mrs. Flora Elena Caso c/o Cape Investment Realty, Inc. 417 West Sugarland Highway Clewiston, Florida 33440 John Beck, Esquire General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32301 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact Respondent is owner of a certain sign located on U.S. 27 South, 3 8/10 miles south of the junction of State Road 261 with copy "Florida Motor Court." The area on which the sign is located is property zoned agriculture by Leon County, Florida Zoning Board. Respondent admits that he is the owner of the subject sign, that he obtained no permit and that the sign is located at the place described in paragraph (1). Respondent contends that he needs this sign for his business and that he owns the land upon which the sign is built, that he bought the land for the special purpose of building a sign to advertise his business. Petitioner contends that the sign violates Chapter 479.07, Florida Statutes, because it has no permit tag attached and that no permit can be issued inasmuch as the setback from the highway violates Chapter 479.111, Florida Statutes. The Respondent, Mr. Carrin, has requested and been granted numerous continuances for the purpose of either selling his property or getting the area rezoned so that his sign could be permitted. He has not sold the property and the zoning is still agriculture.
Recommendation Remove subject sign if same has not been removed by Respondent within ten days after the entry of a final order. DONE and ORDERED this 12th day of July, 1976, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 W. P. Carrin, Sr. Florida Motor Court U.S. 27 South 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 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 the State of Florida, Department of Transportation ("Department") properly denied Carter Pritchett Advertising, Inc.'s ("Carter") applications for outdoor advertising sign permits.
Findings Of Fact The Parties Carter and CBS are licensed to engage in the business of outdoor advertising in the state of Florida. The Department is the agency vested with the responsibility to administer and enforce the provisions of chapter 479, Florida Statutes, including the approval and denial of applications for permits for outdoor advertising signs that are located within 660 feet or less of the nearest edge of the right-of-way of any portion of the interstate and are visible from the main-traveled way of such interstate. The CBS Applications On July 28, 2009, CBS submitted two applications to the Department for outdoor advertising permits for a V-shaped sign at 1490 Northwest Third Avenue, Miami, Florida, adjacent to Interstate 395 ("I-395"). The CBS applications sought permitting to I-395. At the time CBS submitted its applications to the Department, the location of the proposed sign was within 660 feet from the nearest edge of the right-of-way of the on-ramp connecting I-395 to Interstate 95 ("I-95"), which is a controlled area. Thus, CBS's proposed sign required a permit issued by the Department. Outdoor advertising signs may be permitted only in commercial-zoned or unzoned commercial or unzoned industrial areas. A commercial zone is an area identified in both the local government's Future Land Use Map ("FLUM") and in local zoning regulations as allowing commercial or industrial uses. On August 13, 2009, the Department issued a Notice of Denied Outdoor Advertising Application to CBS. The Department stated the following reasons for denying CBS's applications: Sign does not meet spacing requirements (1500' for interstates, 1000' for FAP). In conflict with permitted sign(s), tag#(s): BR203/BW544. Held by: CLEAR CHANNEL OTDR – S FLORIDA DIV. [s. 479.07(9)(a), 1.,&2.FS] Location is not permittable under land use designations of site. [s. 479.111(2), FS] CBS's applications were for a pilot program sign to be permitted to I-395. Pursuant to section 470.07(9)(c), Florida Statutes (2009), pilot program signs reduce the spacing requirements for interstates from 1,500 feet to 1,000 feet. However, at the time CBS submitted its applications, the City of Miami had not yet adopted a resolution expressing its intent to participate in a pilot program. At the time CBS submitted its applications, the parcel on which the proposed sign was to be located was zoned Parks and Recreation. In addition, the parcel was designated Recreation on the FLUM. The Department would not issue a permit for an outdoor advertising sign located in a parcel zoned Parks and Recreation and designated Recreation on the FLUM. On September 11, 2009, CBS filed a Petition for Formal Proceedings, challenging the Department's denial of its applications. The Department never transferred the CBS Petition to DOAH prior to taking final action on the CBS applications. Pursuant to Resolution R 09-0451, enacted by the City of Miami on September 24, 2009, the City of Miami resolved to express its intent to participate in a pilot program allowing 1,000 foot spacing of outdoor advertising sings along expressways in the City of Miami. Furthermore, the City of Miami resolved to authorize placement of billboards in parks, including the Overtown Plaza, where CBS proposed to locate its sign. After CBS submitted its applications, the City of Miami enacted a new zoning ordinance which is commonly referred to as "Miami 21." Miami 21 became effective on May 20, 2010. On May 20, 2010, the City of Miami informed the Department that the City of Miami had accepted the location of the proposed CBS sign into the City of Miami's pilot program, thereby allowing 1000 foot spacing in the City of Miami consistent with the pilot program authorized by section 479.07(9)(c), Florida Statutes. On May 21, 2010, CBS provided the Department with information regarding the updated zoning and FLUM designation(s) of the proposed site based on the newly implemented Miami 21. The new zoning of the proposed sign location was T6-8 O, which allows for commercial, residential and other uses, and the new FLUM designation was Restricted Commercial, which allows for commercial and residential uses. The evaluation used to determine satisfaction of the criteria outlined in sections 479.01(23) (2009) and 479.01(26) (2011), is commonly referred to as the "Use Test." The Department utilizes the Use Test where a parcel of land is designated by the FLUM of the comprehensive plan for multiple uses that include commercial or industrial uses but are not specifically designated for commercial or industrial uses under the land development regulations. Under the Use Test, a property that is zoned to allow for commercial or industrial uses, in addition to other uses, is examined to determine if surrounding commercial or industrial uses exist near the property that are visible to the main- traveled way of the roadway where the sign is to be permitted. There must be three or more separate and distinct conforming industrial or commercial activities, at least one of which is located on the same side of the highway and within 800 feet of the sign location; the commercial or industrial activities must be within 660 feet from the nearest edge of the right-of-way; and the commercial or industrial activities must be within 1600 feet of each other. Under the Use Test, certain activities are not recognized as commercial activities, such as activities not "visible" from the main-traveled way. Thus, to satisfy the Use Test, the applicant must demonstrate that there are three commercial or industrial activities within the required spacing which are visible from the main-traveled way. To be visible, the commercial or industrial activities must be capable of being seen from the main-traveled way without visual aid by a person of normal acuity and be generally recognizable as commercial or industrial. Due to the land use designation and zoning of the parcel on which the CBS sign was to be located, CBS submitted information to the Department to demonstrate that it satisfied the Use Test. In May 2012, the Department conducted a Use Test in connection with the CBS applications by evaluating commercial uses along I-395. The Department determined that the CBS applications satisfied the Use Test. On August 7, 2012, the Department entered into a settlement agreement with CBS in which the Department agreed to grant permits for CBS's pilot program sign to be located at 1490 Northwest Third Avenue, Miami, Florida, adjacent to I-395. The settlement agreement was incorporated into a Final Order dated August 14, 2012, dismissing CBS's request for an administrative hearing. On August 22, 2012, the Department issued CBS permits with tag numbers CI 138/CI 139. The Carter Applications On October 15, 2010, Carter submitted two outdoor advertising permit applications for a double-faced sign to be located 535 feet west of Northwest Fourth Avenue in Miami, Florida and to be permitted to I-95. The Carter applications were assigned Department File Numbers 58077 and 58078. Carter's applications were not submitted as pilot program signs. They were submitted for 1,500 foot spacing. The location of the proposed Carter sign is within a condominium complex ("Town Park Village Number 1"), specifically, a parking lot adjacent to the same on-ramp connecting I-395 and I-95 as the CBS applications (between Northwest Fifteenth Street and Northwest Fourth Avenue). The Carter applications, however, sought permitting to I-95. Carter's proposed sign is 660 feet from the nearest edge of the right-of-way of the east side of I-95, which is a controlled area. Thus, Carter's proposed sign requires a permit issued by the Department. The location of the proposed Carter sign is designated as Restricted Commercial on the FLUM for the City of Miami, which designation allows for commercial and residential uses. The zoning of the parcel is T5-O, which allows for commercial, residential, and other uses. By letter dated November 15, 2010, the Department notified Carter that its applications would be held by the Department without action until a prior hearing request was resolved. The letter did not identify who filed the referenced prior hearing request. The prior hearing request concerned the CBS applications. Due to the land use designation and zoning of the parcel for the Carter proposed sign, the Department determined that Carter must satisfy the Use Test set forth in section 479.01(26), Florida Statutes (2012). Carter acknowledges that it must satisfy the Use Test in order to obtain the permits. Whether Carter has satisfied the requirements of the Use Test by establishing that there are three commercial or industrial activities visible from the main-traveled way of I-95 is a dispositive factual issue to be determined by the undersigned. Carter identified for the Department three commercial activities near the proposed Carter sign, and within the required spacing, that Carter contends are visible from the main-traveled way of I-95, and thus, satisfy the Use Test. These are the Overtown Shopping Plaza, Two Guys Restaurant, and Black Kutz Barbershop. The location of the proposed Carter sign is within 800 feet for the southwestern corner of Overtown Plaza. The Department does not contest these measurements, or that Overtown Plaza is within 660 feet from the nearest edge of the right-of- way. Two Guys Restaurant is located on Northwest Third Avenue, and is 1,170 feet from the southwest corner of Overtown Plaza. Two Guys Restaurant is 580 feet west of the northbound I-95 right-of-way line. The Department does not contest these measurements. Black Kutz Barbershop is located on Northwest Third Avenue, and is 1,465 feet from the southwest corner of Overtown Plaza. Black Kutz Barbershop is 496 feet west of the northbound I-95 right-of-way line. The Department does not contest these measurements. Overtown Plaza, Two Guys Restaurant, and Black Kutz Barbershop are within 1,600 feet of each other. The Department does not contest these measurements. The Department conducted a Use Test in connection with the Carter applications by evaluating the visibility of the three purported commercial uses along I-95 proposed by Carter (Overtown Plaza, Two Guys Restaurant, and Black Kutz Barbershop). The Department determined that the Carter applications did not satisfy the Use Test because Overtown Plaza, Two Guys Restaurant, and Black Kutz Barbershop, are not visible from the main-traveled way of I-95, as required by section 479.01(26)(b)4., Florida Statutes (2012). If any of these purported three businesses (Overtown Plaza, Two Guys Restaurant, and Black Kutz Barbershop) are not visible from the main-traveled way of I-95, then Carter has not satisfied the requirements of the Use Test. The photographs relied on by Carter and the persuasive evidence presented at hearing establish that Black Kutz Barbershop and Two Guys Restaurant are not visible from the main- traveled way of I-95. At hearing and in its Proposed Recommended Order, Carter relies on two photographs taken by Mr. "Bo" Hodges from the main-traveled way of I-95 (Carter's Exhibits 17 and 18), to demonstrate that Black Kutz Barbershop and Two Guys Restaurant are, in fact, visible from the main-traveled way of I-95. Exhibits 17 and 18 and the persuasive evidence presented at hearing fail to establish that Black Kutz Barbershop and Two Guys Restaurant are, in fact, visible from the main- traveled way of I-95. Two Guys Restaurant and Black Kutz Barbershop are obstructed from view by trees and other structures. At best, only portions of the buildings that house the two businesses can be glimpsed from the main-traveled way of I-95. Neither the photographs (Exhibits 17 and 18), nor the persuasive evidence presented at hearing, demonstrate that the buildings contain commercial activity. Catching a glimpse of a portion of the buildings does not mean that the buildings contain commercial activity. A glimpse of a building does not establish that a commercial activity is visible from the main-traveled way. In sum, the photographs relied on by Carter, and the persuasive evidence presented at hearing, fail to establish that Two Guys Restaurant and Black Kutz Barbershop are visible from the main- traveled way of I-95.2/ Notably, the Department presented photographic and video evidence of its recent Use Test with respect to Carter's applications (Department's Exhibits 5 and 6). The photographic and video inspection was conducted by Mr. Mark Johnson, a Department Outdoor Advertising Inspector, during his inspection on January 4, 2014. Mr. Johnson testified that neither Black Kutz Barbershop nor Two Guys Restaurant are visible from the main- traveled way of I-95. The undersigned's review of the video and photographs relied on by Mr. Johnson do not show otherwise.3/ Mr. Pye, the Department's Supervisor of Field Operations, testified that he drove along the main-traveled way of I-95 just before the final hearing. He was able to merely catch a glimpse of a corner of the building in which Two Guys Restaurant is located, and the top portion of the corner of a building in which Black Kutz Barbershop is located. However, he was unable to determine that there was commercial activity. After a careful consideration of the evidence presented at hearing, the undersigned finds, as ultimate facts, that Two Guys Restaurant and Black Kutz Barbershop are not visible from the main-traveled way of I-95. Two Guys Restaurant and Black Kutz Barbershop are not capable of being seen from the main- traveled way of I-95 without visual aid by a person of normal visual acuity, and they are not generally recognizable from the main-traveled way of I-95 as commercial. Accordingly, Carter failed to satisfy the Use Test, and the Department properly denied Carter's applications. Based on the undersigned's finding that Two Guys Restaurant and Black Kutz Barbershop are not capable of being seen from the main-traveled way of I-95 without visual aid by a person of normal visual acuity, and they are not generally recognizable from the main-traveled way of I-95 as commercial, there is no need to address any of the other factual contentions of the parties.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a final order denying Carter's applications for outdoor advertising sign permits (Department File Numbers 58077 and 58078). DONE AND ENTERED this 1st day of May, 2014, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 1st day of May, 2014.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the stipulations of fact entered into by the parties and the entire record compiled herein, I hereby make the following findings of fact: The two signs and four sign faces (hereinafter, the signs) which are the subject of these proceedings are owned by the Respondent and are outdoor advertising signs as defined in Chapter 479, Florida Statutes. One sign is located on U.S. 1, 1.35 miles north of Industrial Road, Big Pine Key (DOAH Case Numbers 86-2294T and 86- 2295T) and the other sign is located on U.S. 1, 1.25 miles north of Industrial Road, Big Pine Key (DOAH Case Numbers 86-2296T and 86-2297T) The Respondent purchased the signs from the Daley Outdoor Advertising Company in 1984. The signs are adjacent to and visible from U.S. 1 in Monroe County. U.S. 1 or State Road 5, is a federal-aid primary highway. U.S. 1 was open for public use at the time the notices of violation were placed on the signs. All of the signs are located within 660 feet of the nearest edge of the right-of-way of U.S. 1, State Road 5. The area in which the signs are located is zoned "GU". Mr. William Kenney is employed as the outdoor advertising administrator for the Department of Transportation, District VI. On May 29, 1986, Mr. Kenney inspected the signs and noticed that neither of the signs had a state outdoor advertising permit tag attached. At that time, Kenney placed a notice of violation on each sign face. After placing the notice of violation stickers on the signs, Kenney examined the Department of Transportation's office records pertaining to outdoor advertising signs and found no evidence of permit tags having ever been issued for the signs.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be issued declaring that the signs involved in these cases are illegal and must be immediately removed. DONE AND ORDERED this 14th day of January, 1987, in Tallahassee, Florida. W. MATTHEW STEVENSON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 1987. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, MS-58 Tallahassee, Florida 32301-8064 Charles C. Papy, III, Esquire 201 Alhambra Circle Coral Gables, Florida 33134 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 A. J. Spalla, General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact The Respondent, E. T. Legg and Company, owns the sign which is the subject of this proceeding, located on U.S. 441 or S.R. 7, approximately 1,117 feet north of Snake Creek Canal in Dade County, Florida. The sign faces north and south. The Department issued permits for a sign in 1979, one for the north face and one for the south face. These permits authorized a sign on U.S. 441 (State Road 7), approximately 550 feet north of Snake Creek Canal in Dade County, Florida. It is not clear from the record whether these permits were issued for the subject sign or for another sign but the permit tags issued for these permits were affixed to the subject sign until these tags were stolen. The Respondent's permit applications stated that the sign to be erected would be located 500 feet from the nearest existing sign. Subsequent to the Department's issuance of the permits for the subject sign, it determined that the Respondent's sign had been built closer than 500 feet from the nearest sign. The Respondent stipulated that there is less than 500 feet between the subject sign and the sign nearest to it. The sign nearest the subject sign is also owned by the Respondent. It is a two-faced permitted structure located south of the subject sign, and it was in place when the subject sign was erected. In 1981, the Respondent applied for tags to replace the permit tags the Department had issued pursuant to the 1979 application. These tags had been stolen. Replacement tags were not issued by the Department for the reason that it had determined the subject sign to be in violation of the spacing rule requiring 500 feet between signs. Permit fees had been paid by the Respondent through the year 1981. In October of 1981, the Department initiated this proceeding, charging the Respondent with violations of Chapter 479, Florida Statutes for not displaying permit tags on the subject sign, and for violating the spacing rule by locating this sign within 500 feet of an existing sign.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter its Final Order dismissing these charges against the Respondent, E.T. Legg and Company, subject to payment by the Respondent of all permit fees due for the years 1982 through 1986. THIS RECOMMENDED ORDER entered this 31st day of July, 1986 at 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 July, 1986. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Charles C. Papy III, Esquire 201 Alhambra Circle Suite 502 Coral Gables, Florida 33134 Hon. Thomas E. Drawdy Secretary Department of Transportation 562 Haydon Burns Bldg. Tallahassee, Florida 32301 A. J. Spalla, Esquire General Counsel 562 Haydon Burns Bldg. Tallahassee, Florida 32301 =================================================================
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 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.
Findings Of Fact Outdoor Display is a licensed outdoor advertiser holding License No. 18191 from Polk County. The two signs which are referenced in the charges are located on U.S. 92 respectively 2.59 miles and 2.67 miles west of U.S. 27. These signs were inspected in 1975 and the first sign bore 1971 permit issued to Outdoor Display. The signs each had a value of more than $100. Both signs belonged to Outdoor Display, and neither sign bore a current permit. Boger receives application from Outdoor Display as the outdoor advertising administrator but had not received any application with regard to these two signs prior to the hearing.
