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
The Issue Whether the Respondent is in violation of Sections 479.07(1)(2)(4)(6) and 479.02, Florida Statutes.
Findings Of Fact A notice of alleged violations was sent to Respondent dated October 27, 1975 stating that pursuant to the applicable provisions of Chapter 479, Section 335.13 and Section 339.301, Florida Statutes, and pursuant to the provisions of Section 120.57, Florida Statutes, the Respondent was notified that the sign structures owned by him were in violation of provisions of Chapter 479, Sections 335.13 and 339.301, Florida Statutes. The subject signs were identified as follows: Copy: Aucilla Plaza Church - Gas Location: 2/10 miles north Junction I-10 Highway: State Road 257 Copy: Credit Cards Honored - Chevrolet 60 9/10, Supr. 65.0 Location: 2/10 miles north Junction I-10 Highway: State Road 257 Prior to the hearing a letter was received from an attorney for the Respondent, Ike Anderson, stating that the Respondent was willing to take down all of the signs and that a hearing was not needed. No Motion for Dismissal was made and no continuance or dismissal was ordered. By letter to the Petitioner, Department of Transportation, the Hearing Officer advised of the receipt of such communications, but no response was received from Petitioner. The hearing was called to order and the witness for Petitioner testified that the signs have been removed except the copy of one of the signs is leaning in the approximate same location against the fence. The poles from which the signs were erected are left standing in the same location. The Hearing Officer further finds: That poles standing alone do not constitute a sign; That a facing of a sign leaning against a fence with the face away from a highway does not constitute a sign. It is the duty of the Department of Transportation under Chapter 479, F.S., Chapter 335, F.S., and Chapter 339, F.S., to enforce the outdoor advertising laws of the State of Florida and that the Respondent, John Taylor, has had a hearing, as provided in Chapter 120, F.S., and as provided in Section 479.17, F.S., and Section 335.13, F.S.
Recommendation Enter an order requiring the removal of outdoor advertising signs erected at this location. DONE and ORDERED this 13th day of May, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. John Taylor Route 1, Box 142 Monticello, Florida 32344 Ike Anderson, Esquire P. O. Box 56 Monticello, Florida 32344
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 Kraft Barbecue Sauce. 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 The outdoor advertising sign which is the subject of this proceeding is situated 30-35 feet from the pavement on the northbound side of U.S. 1, approximately 170 feet north of 69th Street in the City of Marathon, Florida. The sign is visible to traffic on U.S. 1. U.S. 1 is a federal-aid primary highway, and it has been such since the subject sign was erected. This outdoor advertising sign is owned by the Respondent, T. L. Carpenter, who is also the owner of the property upon which the sign sits. The subject sign has not been issued an outdoor advertising sign permit by the Department, nor has any application for a permit been filed with the Department. This sign is less than 1,000 feet from an outdoor advertising sign which was erected on the same side of U.S. 1 by Jerry's Outdoor Advertising in 1983 or 1984. Permits numbered AK711-10 and AK710-10 have been issued by the Department to Jerry's Outdoor Advertising for its sign. The Respondent purchased the property where the subject sign stands in 1977. The sign had been erected by the prior owner, and the Respondent received the subject sign when he took title to the property. Nevertheless, the Respondent has never applied for an outdoor advertising permit for this sign. For some period of time after the Respondent bought this property and the subject sign, the Respondent advertised a health food store by copy on the sign. Presently, this sign advertises a restaurant. The copy, however, does not advertise an on-premise business. Due to the proximity of the permitted sign of Jerry's Outdoor Advertising, the Respondent may not now receive a permit for his sign at its present location.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the sign owned by the Respondent on the northbound side of U.S. 1, approximately 170 feet north of 69th Street in Marathon, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 2nd day of April, 1986, 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 2nd day of April, 1986. COPIES FURNISHED: Charles T. Gardner, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mr. J. L. Carpenter P. O. Box 2641 Marathon Shores, Florida 33052 Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue Whether the Department of Transportation should is sue a permit under Chapter 479, Florida Statutes, for the subject outdoor advertising sign.
Findings Of Fact An outdoor advertising sign located 9.85 miles east of Volusia County line on Highway 1-4, East, with copy presently reading, "Four Seasons" was cited for violation by the Petitioner, Department of Transportation. Said violation notice was sent to the Respondent, Peterson Outdoor Advertising Company. The sign is located approximately 1200 feet north of State Road 430-A on the east side of 1-4 facing south and bears a 1974 state permit No. 6273-10. It is not disputed that this sign was owned by Rivers Advertising Company and sold by Rivers Advertising Company by Bill of Sale dated June 21, 1974 to the Petitioner, Department of Transportation. The sign did not conform to the requirements of Chapter 479, Florida Statutes, as evidenced by memorandum dated May 1, 1973, Department of Transportation files, Petitioner's Exhibit 1, and upon its sale to the Department was to have been removed by the Department from its location. The payment for the sign amounted to $4,975 which was paid by check to the owner, Rivers Advertising Company. Rivers Advertising Company had leased the real property on which subject sign stood from the property owner, Mr. Gene Berna. Mr. Berna said that Rivers Advertising Company had not paid under their lease agreement at the time that the Petitioner, Department of Transportation, sought to remove the sign subsequent to its purchase from Rivers on June 21, 1974 and would not let the maintenance crew remove the structure. Dandy Signs claimed ownership of the sign by virtue of the fact that Gene Berna sold it to then and that it purchased a renewal 1974 permit tag Number 6273-10-74 and affixed it to the structure. Dandy Signs had never made an application for a permit for subject sign but through error of the Petitioner acquired the permit sign attached to subject sign through the inclusion of it in a regular renewal procedure. Subject sign was not eligible to be permitted under the renewal procedure inasmuch as said sign had been purchased by the State of Florida on June 21, 1974 and Dandy Signs was not eligible for the renewal permit issued because it did not own the sign. Dandy Signs, claiming ownership for the sign through an agreement with the owner of the property on which the sign was located, then "sold" the subject sign by Bill of Sale to the Respondent, Peterson Outdoor Advertising, by an instrument dated May 27, 1975. The proposed Recommended Order filed by the Respondent has been examined and considered in the preparation of this order. The Hearing Officer further finds: The subject sign is owned by the Petitioner. The property owner, Gene Berna, had no title to the subject sign. His only interest was as lessor of the real property. Dandy Signs was on notice that the sign did not belong to the property owner, Gene Berna, and that it belonged to Rivers Outdoor Advertising. Berna told Dandy Signs the subject sign belonged to Rivers. Dandy Signs should not have requested a renewal permit on a sign not previously owned by it and not purchased from the owner. The Petitioner erroneously issued a renewal permit on subject sign upon Dandy's representation it was the owner of the sign. Respondent, Peterson Outdoor Advertising, received no interest in the sign by the alleged Bill of Sale of May, 1975, inasmuch as it did not buy the sign from the owner, the State.
Recommendation Deny the request for a permit. Remove the subject sign which is owned by the Petitioner and should be removed from the roadside. DONE and ORDERED this 29th day of July, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William Rowland, Esquire 115 East Morse Boulevard Winter Park, Florida 32789
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 Linda Duvon, an outdoor advertising inspector, identified as Petitioner's Exhibit 1 a photograph of the signs which were the subject of the Notice of Violation. Ms. Duvon inspected these signs, and they appeared to be in the right-of-way owned by the State of Florida. She inquired of Mr. Jim Chaplin if he owned these signs, and he claimed ownership of the signs. Harvey Walker, a surveyor for the Department of Transportation, testified that he surveyed the subject signs, having identified them by reference to the photograph, Exhibit 1, and determined that the signs were 38 feet within the State-owned right-of-way and 61 feet from the center line of U.S. 1, a State-maintained highway.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law above, the Hearing Officer recommends that the agency head give the Respondent 90 days to remove said sign and at the end of which time, if said sign has not been removed, directs its removal pursuant to Section 479.17, Florida Statutes, by Department of Transportation personnel. DONE and ORDERED this 1st day of June, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Charles Gardner, Esquire Richard C. Hurst, Administrator Department of Transportation Outdoor Advertising Section Haydon Burns Building Department of Transportation Tallahassee, Florida 32301 Haydon Burns Building Tallahassee, Florida 32301 Mr. James F. Chaplin c/o Chaplin Real Estate 5190 Overseas Highway Marathon, Florida 33050
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 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 The Petitioner has applied for a permit, and proposes to erect an outdoor advertising sign on the north side of SR 424A, 650 feet east of I-4, in Orange County, Florida. State Road 424A is also known as Fairbanks Avenue. This location is within 660 feet of Interstate 4, and the proposed sign would be visible to traffic on I-4. The Department of Transportation has issued a permit to Peterson Outdoor Advertising for an outdoor advertising sign located approximately 375 feet from the Petitioner's proposed signsite on the same side of I-4, and a sign has been erected by Peterson Outdoor Advertising at this point.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Cory Outdoor Advertising, Inc., for a permit to erect an outdoor advertising sign on the north side of SR 424A, 650 feet east of I-4, in Orange County, Florida, be denied. THIS RECOMMENDED ORDER entered this 28th day of February, 1986, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearing The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 28th day of February, 1986. COPIES FURNISHED: Gary E. Massey, Esquire 112 West Citrus Street Altamonte Springs, Florida 32714-2579 Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
