Findings Of Fact On or about April 14, 1977, Henderson Signs filed applications for four permits to erect two outdoor advertising signs in Jackson County, Florida, on the south side of Interstate 10, one approximately 1.5 miles and the other approximately 1.7 miles west of U.S. 231. These applications were field inspected by the Department's outdoor advertising inspector, they were approved on or about May 16, 1977, and the Department issued permits numbered 9248-10, 9249-10, 9250-10 and 9251-10 for the requested locations to Henderson Signs. On or about January 4, 1984, permit number 9248-10 was reported lost, and the Department issued replacement tag number AL082-10. Subsequent to the issuance of these permits, Henderson Signs transferred all of its interest in the subject permits to the Respondent, Tri- State Systems, Inc. When Henderson Signs submitted the applications for the subject permits it designated thereon that the proposed locations were within 800 feet of a business known as Dilmore's Packing Plant. These applications also certified that the signs to be erected would meet all of the requirements of Chapter 479, Florida Statutes. Dilmore's packing Plant processes meat for sale at both retail and at wholesale. It is located approximately 660 feet back off I-10, but the building can be seen from the interstate. The automobiles of three to five employees who work there can also be seen from I-10. However, from the photograph that was received in evidence the area appears to be rural or agricultural in nature, and not commercial. Unless the existence of Dilmore's Packing Plant was known, it could not be identified as a business from the interstate. There is an on- premise sign for the Dilmore Plant, but the words on this sign cannot be read from I-10. In summary, as viewed from the main-traveled way of the interstate there is nothing about the area or the Dilmore building to indicate that any commercial activity is being conducted at this location. Jackson County is presently unzoned, and it was not zoned in 1977 when the subject permits were approved. The area in question is essentially the same now as it was in 1977, as is the site where the Dilmore Plant is located. During 1984 the sites were inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because there was no visible commercial activity within 800 feet of the permit locations. In October of 1984, the Department issued Notices of Violation advising the Respondent that the subject permits were being revoked because they were not for locations in a zoned or unzoned commercial area. Prior to the transfer of the permits from Henderson Signs to the Respondent, representatives of the Respondent testified that they inquired at the Department's district office in Chipley whether the permits to be purchased from Henderson Signs were valid permits. They further testified that they received assurance from the Chipley district office that these permits were legal permits. This testimony, however, is totally self-serving without some form of corroboration, and is thus not of sufficient quality to support a finding of fact.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AL082-10, 9249-10, 9250-10 and 9251-10 held by the Respondent, Tri-State Systems, Inc., authorizing signs on the south side of 1-10, approximately 1.5 and 1.7 miles west of U.S. 231 in Jackson County, Florida be revoked and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 8th day of October, 1985 in Tallahassee, Leon County. 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 8th day of October, 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. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact Respondent, Henderson Sign Service, erected and owns a sign located on Interstate Highway 10, 1.5 miles east of State Road 276 in Jackson County, Florida. The sign is visible from the main traveled portion of Interstate Highway 10. At the time of the filing of the petition in this cause, and as recently as October 2, 1978, no permit tag was affixed to the sign structure. In addition, the sign structure is located 123 1/2 feet from the white line on the highway at the outside edge of the eastbound lane. At all times material to this proceeding the sign in question bore advertising copy which read "Plantation House, pool, bus tour, restaurant, Quality Inn". Respondent had not applied to DOT for the issuance of a permit for the sign in question as of the date of the hearing in this cause. Any proposed finding of fact submitted by the Respondent and not incorporated in this Recommended Order was either rejected or deemed irrelevant.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that petitioner Department of Transportation: Enter a final order in these consolidated cases finding the three signs belonging to respondent Cecil B. Durden which are the subject of Cases Nos. 84- 3511T, 84-3512T and 84-3513T and the two signs belonging to John W. Stone which are the subject of Case Nos. 84-3515T and 84-3517T to be unpermitted and in violation of Sections 479.07(1) and 479.105(1), Florida Statutes (Supp. 1984); and Remove the signs referred to in the immediately preceding paragraph if they have not been removed already. RECOMMENDED this 27th day of March, 1985 in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 27th day of March, 1985.
The Issue The issue in this case is whether the sign erected by J.C. Tropical Foods, Inc., (Respondent) on land it leased for this purpose along State Road 997 in Dade County, Florida, was in violation of state law and, if so, whether the removal of said sign was required.
Findings Of Fact The Respondent leased a parcel of land along State Road 997 in Dade County, Florida, for the purpose of erecting a sign to direct truckers to its packing house. The Respondent owns certain real property on which its packing house is located, but that property is approximately 1320 feet from State Road 997, and 1200 feet from the leased parcel. If a sign were erected on the property owned by the Respondent, it could not be seen from State Road 997. After leasing the subject parcel, the Respondent proceeded to erect its 4 foot by 6 foot sign at a height of 45 feet. The sign was located approximately 18 feet from the State Road 997 right-of-way, and was visible from State Road 997. The sign was inspected by the Petitioner's outdoor advertising inspector and found to have no state sign permit attached to it. A notice of violation was, therefore, affixed to the sign on behalf of the Petitioner on or about May 30, 1990, and thereafter the sign was removed. State Road 997 in Dade County, Florida, has been designated a federal- aid primary road. The Respondent's sign was located on a leased parcel that was zoned AU, Agricultural District. The sign was not located on the business premises of the sign owner. A timely demand for formal hearing was filed on behalf of the Respondent following its receipt of the notice of violation, resulting in this formal proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner enter a Final Order which finds that the permit required by law was not issued for the Respondent's sign, that the sign was in a location that is ineligible for permitting because of its zoning, and which confirms the removal of the subject sign. RECOMMENDED this 1st day of October, 1990, in Tallahassee, Leon County, Florida. DONALD D. CONN Hearing Officer The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of October, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-3897T Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding 1. Adopted in Finding 2. Adopted in Finding 3. Adopted in Finding 2. Adopted in Finding 4. Adopted in Findings 1, 2 and 5. Adopted in Finding 2. Adopted in Finding 3. Adopted in Finding 5. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Julian L. Mesa, Secretary J.C. Tropical Foods, Inc. 2937 S.W. 27th Avenue, #305 Miami, FL 33133 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams, Esquire General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
Findings Of Fact On or about August 5, 1980, the Department issued permits numbered AB991-10, AB992-10 and AB993-10 to the Respondent, Food `N' Fun, Inc., authorizing the erection of a stacked back-to-back sign on the south side of I- 10, .8 mile east of U.S. 231 in Jackson County, Florida. Permit number AE481-10 was issued on or about May 21, 1981, for the fourth face of this sign. Prior to the issuance of these permits the site was field inspected and approved by Department personnel. Subsequently, the site was inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because there was no visible commercial activity within 800 feet of the sign. In October of 1984, the Department issued Notices of Violation advising the Respondent that the subject permits were being revoked because the sign was not erected in a zoned or unzoned commercial area. The Respondent's representative who submitted the permit applications designated on these applications that the sign location was in an unzoned area within 800 feet of a business. This representative also certified on the applications that the sign to be erected would meet all of the requirements of Chapter 479, Florida Statutes. Prior to conducting his field inspection, the Department's inspector had been informed that a commercial activity (Southern Dairy Supply Company) was being conducted in a building within 800 feet of the sign location. When he made his inspection he found that the building where Southern Dairy Supply Company was located was a metal building situated behind a house in an agricultural area. However, there was nothing visible from I-10 to tell him that a business was located there. The inspector's supervisor also visited the site of the proposed sign. He saw a building that was similar to other farm buildings at this location, but there was nothing that could be seen from the interstate to indicate to traffic that there was any commercial activity being conducted in the area. Since 1981, Southern Dairy Supply Company has relocated, and is no longer in business there. The area where the subject sign is located is agricultural and rural in nature. No other commercial activity was located in the area. Although the metal building in which the dairy supply business was being conducted could be seen from the interstate, as viewed from the main-traveled way of I-10, there was nothing to indicate that any commercial activity was being conducted at this location.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit numbers AB991-10, AB992-10, AB993- 10, and AE481-10 held by the Respondent, Food `N' Fun, Inc., authorizing a stacked, back-to-back, sign located on the south side of I-10, .8 mile east of U.S. 231 in Jackson County, Florida, be revoked, and the subject sign removed. THIS RECOMMENDED ORDER entered this 9th 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 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of August, 1985.
The Issue Whether the Respondent violated Chapter 479, Florida Statutes, by failure to obtain a state permit and whether Respondent is in violation of federal and state laws, rules and regulations applicable to outdoor advertising signs concerning setback and spacing restrictions.
Findings Of Fact A notice of alleged violation of Chapter 479 and Section 335.13 and Section 339.301, Florida Statutes, and notice to show cause was furnished Petitioner by certified mail dated the 16th day of December, 1976, and stamped at the Lamont, Florida Post Office December 18, 1976. The following signs are the subject of this hearing: A sign with copy reading "Pecans 3-lbs. $1.50" with an additional sign attached underneath reading "53.9" located at 1 and 6/10 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Pecans Fresh Shell $1.99) located 1 and 9/10 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Pecans 3-lbs. $1.50" located 2 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Exit Now Pecans Fresh Shell $1.99" located 2.05 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Exit Now Pecans 3-lbs. $1.50" located 2.2 miles west of Madison County line on Highway Interstate 10. No permits were secured for any of the signs which were erected subsequent to December, 1976, and visible from Highway Interstate 10 on the north side thereof. Each sign is outside an urban area. The distance and space between signs numbers 2, 3, 4 and 5 each is less than one thousand feet. Sign number 1 has the number 53.9 underneath the message advertising pecans. This number relates to the price of gasoline sold at Respondent's store wherein he sells gasoline and pecans among other things. Sign number 1 is approximately 15 feet from the fence line at the north boundary of 1-10; sign number 2 is located approximately 15 feet from the fence line on the north boundary of 1-10; sign number 3 is located approximately 15 feet from the fence line on the north boundary of 1-10; sign number 4 is located approximately 15 feet from the right-of-way line, the fence, on the north side of 1-10; sign number 5 is approximately 2 feet from the fence line on the north side of 1-10. Sign number 5 is within the offramp section of the interchange of 1-10 and State Road 257. The subject signs stand fully visible approximately 15 feet from the fence which is the north boundary line of Interstate 10 a federal aid primary highway except sign number 5 which is less than 15 feet from Interstate 10. They are placed in an old grove in which there are less than 20 old pecan trees which do not produce the product advertised for sale. The subject signs advertise pecans that are sold at the business of Respondent which is a distance of at least 3/4 of a mile from the nearest sign.
Recommendation Take such action as the law permits including but not limited to the removal of subject signs. DONE and ORDERED this 30th day of March, 1977, at Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of March, 1977. COPIES FURNISHED: Philip S. Bennett, Esquire Ben H. Ervin, Esquire George L. Waas, Esquire 850 South Waukeenah Street Department of Transportation Monticello, Florida 32344 Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. J. E. Jordan District Sign Coordinator, DOT Post Office Box 607 Chipley, Florida 32428 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN RE: FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CASE NO. 77-001T LYMAN WALKER, III, Respondent. /
Findings Of Fact In 1976 SR 78 in Glades County was changed to a federally approved primary road. At this time Respondent's signs were in existence but had never been permitted by Petitioner. Had these signs been issued a permit and thereby legal at the time the road became a federally approved road, the Respondent could have continued to obtain annual permits for these signs. The area along SR 78 is zoned agricultural and residential. There have been no areas along SR 78 zoned industrial and commercial.
Findings Of Fact The facts here involved are not in dispute. In 1966 Petitioner leased the property adjacent to Cypress Street in Tampa and erected a structure thereon on the 1-275 3.6 miles west of 1-4, containing signs facing both east and west. By application dated 20 October 1977 (Exhibits 1 and 2) Petitioner applied for permits for these signs. The applications were disapproved because of spacing. Likewise, on 20 October 1977, Petitioner submitted application for a permit for a sign on the 1-4 2.9 miles east of U.S. 41 with a copy of the lease dated 1967. This sign is located in Tampa and the application was also disapproved because of spacing. Both of these locations are zoned commercial and are within the corporate limits of Tampa, Florida. The structure on which the signs shown on Exhibits 1 and 2 were erected was built in 1968 and the sign involved in Exhibit 3 was built in 1967. The signs for which a permit was requested in Exhibits 1 and 2 is located 325 feet north of a permitted structure owned by Tampa Outdoor Advertising, Inc. on the same side of the street and facing in the same direction. The sign for which a permit was requested in Exhibit 3 is 275 feet west of a permitted sign facing the same direction and on the same side of the street which is owned by Foster and Kleiser. No appeal was taken from these disapprovals, but by applications dated June 19, 1979, Petitioner in Exhibits 4, 5 and 6 reapplied for permits for the same signs that had been disapproved in 1977. These applications were also disapproved because of spacing. The I-4 and the I-275 are part of the Interstate Highway system.
Findings Of Fact On or about July 6, 1979, the Department issued permits numbered 11229- 10, 11230-10 and 11231-10 to the Respondent, Food 'N' Fun, Inc., authorizing the erection of a stacked back- to back sign on the south side of I-10, 1.7 miles east of SR 69, in Jackson County, Florida. Permits numbered 11267-10, 11268-10 and 11269-10 were issued on or around July 24, 1979, authorizing the erection of a stacked back-to-back sign on the south side of I 10, 1.55 miles east of SR 69, in Jackson County, Florida. Prior to the issuance of these permits the sites were field inspected and approved by Department personnel. Subsequently, the sites were inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because there was no visible commercial activity within 800 feet of the signs. In October of 1984, the Department issued Notices of Violation advising the Respondent that the subject sign permits were being revoked because the signs were not erected in a zoned or unzoned commercial area. The Respondent's representative who submitted the permit applications designated on these applications that the sign locations were in an unzoned area within 800 feet of a business. This representative also certified on the applications that the signs to be erected would meet all of the requirements of Chapter 479, Florida Statutes. Prior to conducting his field inspection, the Department's inspector had been informed by the applicant that a commercial activity (welding) was being conducted in a metal building within 800 feet of each of the sign locations. When he made his inspection he found a house on the south side of I- 10, a tin building in the rear, a field, and 2 or 3 other houses on the access road. When he inquired at the house, he was told that a business was located there, and he was shown either a tax certificate or tax number. At the time of the inspection no business activity was seen, nor has any been seen by Department personnel at this location at any subsequent time. Numerous unsuccessful attempts were made to again contact the owner of the business in an effort to establish whether or not any business actually existed at this location. The area where the subject signs are located is agricultural and rural in nature. Although the tin building in which the welding business is supposed to be located is visible from the interstate, the Respondent agrees that as viewed from the main-traveled way of I-10 there is nothing to indicate that any commercial activity is being conducted at this location.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit numbers 11269-10, 11267-10, 11268 10, 11231-10, 11229-10, and 11230-10 held by the Respondent, Food 'N' Fun, Inc., authorizing two stacked, back-to-back signs located on the south side of I-10, 1.55 miles and 1.7 miles east of SR 69 in Jackson County, Florida, be revoked, and the subject signs removed. THIS RECOMMENDED ORDER entered this 9th 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 9th day of August, 1985.
The Issue Whether the outdoor advertising signs of Respondent are in violation of Florida Statute 479.07(1), sign being erected without a State permit. Whether the subject signs are in violation of the setback requirements of Section 479.11, Florida Statutes. Whether subject signs are new and different signs inasmuch as they have new copy, are materially elevated from the location of the previous signs and have catwalks and lights added, thus requiring a new application and permit. Whether subject signs are in violation of federal and State laws, rules and regulations and should be removed. Whether the federal regulations adopted in Section 479.02, F.S., would have to be adopted as a rule under Chapter 120, F.S.
Findings Of Fact The Respondent sign company has a sign located approximately 12.81 miles north of Dunn Avenue on the east side of I-95 facing south containing the following copy: "Ramada Inn Exit 7 Miles U.S. 17" The sign was increased in height from under ten (10) feet to twenty feet from the ground to the bottom of the sign, lights were added, and the catwalk was added to accommodate the change in advertisers. This extensive alteration was done in June of 1975 and copy was changed. The original sign was erected in May of 1968 and advertised "Shell Oil." Respondent sign company has a sign located approximately 8.81 miles south of Bowden Road on the west side of I-95 facing north and containing the following copy: "Family Inn of St. Augustine" The revised sign is located in an area zoned open rural, has been elevated and has had lights and catwalk added. The original sign had different copy and was erected and permitted in October of 1968. Permits had been issued for the two subject signs in the approximate location with different copy on them in October of 1968 or shortly thereafter. The new advertisers wanted the signs lighted and pay approximately $30 more per month for the lighted signs. The new signs now are much more visible. Both signs were elevated approximately ten (10) feet, new copy put on them and lights and catwalks added in April of 1976. Permits were applied for but the Petitioner Department of Transportation refused to issue permits stating that they were new signs, no new applications had been made and were obviously ineligible for permits inasmuch as the signs violated the setback requirements of Chapter 479 and the federal laws, rules, and regulations adopted by the Florida Legislature.
Recommendation Remove subject signs if said signs have not been removed by the owner within ten (10) days after entry of the final order herein, as no applications for permits were made or granted. DONE and ORDERED this 20th day of December, 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: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 W. D. Rowland, Esquire Post Office Box 539 Winter Park , Florida 32789 George E. Hollis Branch Manager National Advertising Company Post Office Box 23208 Tampa, Florida 33622 Mr. Frank Whitesell Post Office Box 1089 Lake City, Florida 32055 Mr. O. E. Black, Administrator Outdoor Advertising Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
