The Issue Whether the signs of Respondent, Cannon Motel, should be removed for violation of Chapter 499, Florida Statutes, improper setback and no permit to erect the signs.
Findings Of Fact Cannon Motels, Inc. was served with a violation notice on October 18, 1976. The alleged violation was that the Cannon Motel signs were in violation of the state statute inasmuch as they had been erected without first obtaining a permit from the Petitioner, Department of Transportation, and they violate the setback requirements of Chapter 479. Petitioner, by certified letter dated November 11, 1976, requested an administrative hearing. Respondent moved to continue the hearing on the grounds of improper venue, lack of jurisdiction and failure by Petitioner to follow the technical rules. The motion was denied for the reason that the venue was proper being in the district in which a permit for an outdoor advertising sign must be obtained; the Hearing Officer has jurisdiction under Chapter 120, Florida Statutes, and the parties were fully advised of the issue to be heard. The subject signs each read "Cannon Motel." One is located one-half mile west of State Road 85 facing Interstate 10 and the other is located 1.3 riles east of State Road 85 facing Interstate 10. The sign east of State Road 85 is 30 by 12 and is approximately 18 feet from the nearest edge of the right of way. The sign that is west of State Read 85 is approximately 38 feet from the nearest edge of the right of way. Both signs were erected within 660 feet of the federal aid primary road without applying for or securing a permit from the Florida Department of Transportation. At some time prior to the hearing but after the erection of the signs, the area in which the sign located west of State Road 85 was erected was annexed by Crescent City, Florida. That area in which the signs are located is unzoned by the city and zoned agriculture by Okaloosa County.
Recommendation Remove the subject signs within ten (10) days of the filing of the Final Order. DONE and ORDERED this 31st day of October, 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 James E. Moore, Esquire Moore and Anchors Post Office Box 746 Niceville, Florida 32578
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 In 1970, Bill Salter Advertising, Inc., erected an outdoor advertising sign facing north, 0.4 mile north of State Road 289A, adjacent to I-110 inside the corporate limits of Pensacola. This sign was erected pursuant to a City of Pensacola permit because the Department of Transportation did not have jurisdiction to regulate outdoor advertising signs inside city limits at that time. When this sign was erected Bill Salter Advertising, Inc., held the property under lease dated May 1, 1970, from Beasley Packing Company. When the Department of Transportation was given outdoor advertising regulatory jurisdiction inside city limits, it determined that the sign located 0.4 mile north of State Road 289A was grandfathered in but that it needed to have a permit tag so that it could be properly identified in the Department's sign inventory. In November of 1976, Bill Salter Advertising, Inc., made application to the Department of Transportation for a permit tag for its grandfathered sign located at 0.4 mile north of State Road 289A facing north. At this time Bill Salter Advertising, Inc., continued to have the property under lease from Beasley Packing Company. On January 24, 1977, Bill Salter Advertising, Inc., applied to the Department of Transportation for a permit for the back side of the grandfathered board located at 0.4 mile north of State Road 289A, to face south. The property continued to be leased from Beasley Packing Company. Although there is some confusion in the records of the Department of Transportation over whether the sign at this location is 0.4 mile or 0.5 mile north of State Road 289A, it has always been considered to be located at the 0.4 mile point, and the testimony indicated the proper location is 0.4 mile north of State Road 289A. In 1978, Edward M. Chadbourne, Jr., bought the property formerly owned by Beasley Packing Company at the location 0.4 mile north of State Road 289A, and on December 1, 1978, Bill Salter Advertising, Inc., entered into a lease agreement with Edward M. Chadbourne, Inc., to erect outdoor advertising signs at the location 0.4 of a mile north of State Road 289A. This lease ran until December, 1981. Bill Salter Advertising, Inc., made lease payments to Edward M. Chadbourne, Inc., until December, 1982. On May 14, 1982, Edward M. Chadbourne wrote a letter to Bill Salter Advertising, Inc., advising that the lease for the location 0.4 mile north of State Road 289A would be terminated as of December 1, 1982. Before the Department of Transportation acquired regulatory jurisdiction over outdoor advertising inside corporate limits of municipalities, Bill Salter Advertising, Inc., had existing grandfathered signs facing north at the location a mile north of State Road 289A, which were erected pursuant to a City of Pensacola permit. When these signs were erected, William O. Salter owned the land at this location. Mr. Salter continues to own the property and on April 1, 1970, he leased to Bill Salter Advertising, Inc., the location at 0.2 mile north of State Road 289A for the purpose of erecting outdoor advertising signs. On November 2, 1976, after the Department of Transportation acquired regulatory jurisdiction inside city limits, Bill Salter Advertising, Inc., made application for a permit tag for its grandfathered sign located at 0.2 of a mile north of State Road 289A facing north, and on June 1, 1977, Bill Salter Advertising, Inc., applied to the Department of Transportation for a permit for the back side of the grandfathered sign at 0.2 of a mile north of State Road 289A facing south. When Bill Salter Advertising, Inc., found out that Edward M. Chadbourne, Inc., would not continue to lease the property located at 0.4 of a mile north of State Road 289A after December 1, 1982, it initiated the cancellation of its permits for signs at 0.4 of a mile north of State Road 289A. On November 15, 1982, a permit cancellation affidavit was executed to cancel the permit for the sign facing north at 0.4 mile north of State Road 289A, and on December 31, 1982, a permit cancellation affidavit was executed to cancel the permit for the sign facing south at this location. On July 6, 1982, the Petitioner, Lamar Advertising Company, made application to the Department of Transportation for permits to erect signs facing north and south 0.3 mile north of State Road 289A, adjacent to I-110. This location is less than 1,000 feet from the location 0.2 mile north of State Road 289A, permitted to Bill Salter Advertising, Inc. I-110 is an interstate highway open to the use of the public at the location 0.3 mile north of State Road 289A, and this location is within the city limits of Pensacola.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Lamar Advertising Company for permits to erect signs facing north and south on I-110, 0.3 mile north of State Road 289A in Escambia County, be DENIED. DONE and RECOMMENDED this 18th day of May, 1983 in Tallahassee, Florida. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of May, 1983. COPIES FURNISHED: P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501 Vernon L. Whittier, Jr., Esquire Haydon Burns Building, M.S.58 Tallahassee, Florida 32301 Mark J. Proctor, Esquire Post Office Box 12308 Pensacola, Florida 32501 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact Two signs advertising Blue Waters Motel and located in the vicinity of said motel are located in the right-of-way of Highway US 1. The location of these signs was fixed by a survey conducted by a Florida registered land surveyor with reference to official Department of Transportation right-of-way maps developed from the official court records of property ownership.
Recommendation Having shown the subject signs to be in violation of Section 479.11(6), Florida Statutes, the Department of Transportation should give the owner of the signs 30 days to remove the signs. If the signs are not removed within that time period, the Department should remove the signs from its right-of-way. DONE and ORDERED this 8th day of April, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 April, 1982. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 Ms. Jane Cerchio c/o Cerchio Drive and Rifle Camp Road West Paterson, New Jersey 07424 and c/o Blue Waters Motel 222 Overseas Highway, MM48 Marathon, Florida 33050 Paul N. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact Respondent's sign located on U.S. 92, 4.7 miles east of U.S. 19 has no current tag and is located 414 feet west of a validly permitted sign. U.S. 92 is a federal-aid primary highway. Notice of Hearing was mailed to Walter Collany, owner, Snug Harbor, on February 23, 1979 at the address on the letterhead on which an administrative hearing was requested by Mr. Collany.
Findings Of Fact A notice was sent to the Respondent on the 11th day of May, 1977, alleging violation of Section 479.07(1), 479.11(1), Florida Statutes, for the reason that the sign owned by the Respondent had no permit attached thereto and was located within 15 feet of the right of way of the secondary road. Respondent's sign is painted on a guard rail which had been erected in front of the residence which stood at the east/west end of the intersection or "T" of State Road 707 and State Road 707A. The copy on the sign which was in two parts read: "Indian River Beverage Deli Take-out Catering" and a telephone number "333-5600--1 1/2 miles South" with an arrow indicating a southerly direction. The immediate area of the residence protected by the guard rail includes a parking lot and a trailer park. The sign advertises the business of the Respondent located 1 1/2 miles from the zone. The sign is approximately 6 feet from the edge of the pavement of the secondary road. No permit was applied for or secured before the sign was painted on the guard rail. Petitioner contends that the sign must be removed inasmuch as it sits less than 15 feet from the edge of the paved secondary road and that no permit was applied for or secured. Respondent contends that he assumed that the owner of the guard rail had gotten a permit to erect the guard rail and that the guard rail was erected to protect the house inasmuch as the house had been invaded by traveling automobiles seven times in seven years. He further contended that the sign was all dirty and rusty, and he made an agreement with the owner of the property to paint the sign and that it was sandblasted, cleaned up and painted in white and made traveling on the state road safer as well as advertising his establishment.
Recommendation Remove the sign unless it has been removed within five (5) days after final order is issued. DONE and ENTERED this 19th day of December, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Martin K. Hawthorne Indian River Beverage, Inc. 2222 Indian River Drive Jensen Beach, Florida 33457
Findings Of Fact On June 19, 1981, Bill Salter Advertising entered into a lease with G. L. Atwell to erect signs on the Atwell property which is adjacent to Interstate Highway 110. This lease gave Bill Salter permission to erect outdoor advertising signs at the location .78 miles north of SR 289A on the west side of Interstate Highway 110, inside the city limits of Pensacola. The term of this lease was from June 1981 to June 1982, renewable with $100 per year rental until the signs were erected, and then increasing to $200 per year thereafter, giving both parties certain rights of cancellation. On May 28, 1982, Bill Salter applied to the Department of Transportation for permits to erect signs, one facing north and one facing south on the Atwell property .78 mile north of SR 289-A, and also submitted an affidavit to cancel permits for sign locations facing north and south, .55 mile south of SR 296. These documents were received by the Department on June 1, 1982. By letter dated June 21, 1982, the Department denied the application of Bill Salter Outdoor Advertising for permits to erect signs at the location .78 mile north of SR 289A on the west side of I-110 because of a spacing conflict. Both the application and the affidavit to cancel permits at .55 mile south of SR 296 were returned to Bill Salter Advertising with the denial letter. The spacing conflict requiring denial of this application was an application from Lamar Advertising Company for a location just south of the proposed Bill Salter site, which had received field approval but not final approval because it was also in conflict with another location. However, all of these conflicts have now been resolved, and there are presently no permitted locations within a thousand feet of the proposed Bill Salter location at .78 mile north of SR 289A. On July 9, 1982, T & L Management entered into a lease with James A. McKinney to erect a sign on the McKinney property which is adjacent to I-110. This lease gives T & L Management permission to erect advertising signs at a location .6 mile south of SR 296 (Brent Lane) on the west side of I-110. The lease is for a period of 10 years, giving both parties certain rights of cancellation, with an annual rental of 8300. On July 12, 1982, T & L Management applied for permits to erect signs facing north and south on the McKinney property, .6 mile south of SR 296. The T & L application was received by the Department on July 14, 1982. T & L's application for the .6 mile location shows the distance from the right-of-way as 15 feet; however, the McKinney property is actually located more than 50 feet from the limited access fence which is the highway right-of-way. The application was denied and returned to T & L Management because the .6 mile location was in spacing conflict with permits held by Bill Salter Outdoor Advertising for a location .55 mile south of SR 296 on the west side of I-110. Another lease was entered into between Bill Salter Outdoor Advertising and T. R. Pledger for a location approximately .55 mile south of SR 296. This lease was signed by Mr. Pledger during the summer of 1982, to be effective from March 1, 1982. Payments were made to Mr. Pledger's mother-in-law, Ms. Reeves, who lived on this property located 150 to 200 feet from the interstate right-of- way. Bill Salter applied for and received permits to erect signs at this location, and his application showed the distance back from the right-of-way to be 15 feet. However, it is the usual practice in this locale to indicate the minimum distance required, and locate the sign at a greater distance from the highway right-of-way. Bill Salter Outdoor Advertising cancelled its permits for the location .55 mile south of SR 296 on I-110, by affidavit executed on March 10, 1983. These permits were in conflict with the Salter application at .78 mile, and with T & L's application at .6 mile. Currently T & L's application at the .6 mile location is in conflict with Bill Salter's application at the .78 mile location. Bill Salter's permit application was received by the Department on June 1, 1982, and T & L's permit application was received by the Department on July 14, 1982. Both parties have permission of the property owner in the form of leases to erect outdoor advertising signs at these locations. At the time permit applications were submitted by Bill Salter and T & L during 1982, the Department did not require that written permission of the property owners be submitted with the application, and this policy of the Department continues to the present. However, every applicant is required to certify on the application "...that the sign meets all the requirements of Chapter 479 of the Florida Statutes." Also, where a permit application is denied and a cancellation affidavit had been submitted with the application, it is Department policy to return both the application and the cancellation affidavit unprocessed.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of T & L Management, Inc., for permits to erect signs facing north and south on I-110 .6 mile south of State Road 296 in Escambia County, be DENIED, and that the application of Bill Salter Outdoor Advertising for permits to erect signs facing north and south on I-110, .78 mile north of SR 289-A in Pensacola, Escambia County, Florida, be GRANTED, subject to authorization from the City of Pensacola to erect signs at the .78 mile location. This RECOMMENDED ORDER entered this 21st day of June, 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 21st day of June, 1984. COPIES FURNISHED: Mark J. Procter, Esquire P. O. Box 12308 Pensacola, Florida 32501 Vernon L. Whittier, Jr., Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Michael D. Smith, Esquire P. O. Drawer 1832 201 East Government Street Pensacola, Florida 32598
The Issue Whether the sign of Petitioner should be removed for having been erected without a permit from the Respondent, the Department of Transportation.
Findings Of Fact A violation notice was issued by the Respondent against the Petitioner on August 18, 1977, alleging that Petitioner was in violation of Chapter 479.07(2) and Rule 14-10.04, inasmuch as Petitioner maintained a sign with no current tag visible, located .3 miles north of State Road 516 e/s on US Highway #1 (308 north, Mile Post 13.62) with copy "Fish Camp". Petitioner requested an administrative hearing. There was no dispute between the parties as to the location of the sign as cited in the violation notice but the parties stipulated that the copy of the subject sign advertised "Castaway Point, Scenic, Secluded, Relaxing, Enjoyable". It was undisputed that the sign carried no visible permit tag. There was no dispute that the sign was erected without a permit from the Respondent, Department of Transportation. The sign is a two faced sign, one faces north and one faces south. There is a permitted sign less than 500 feet from the subject sign facing the same way on the same side of the street, both for the north face and for the south face. There has been a sign located in the approximate position of the Petitioner's sign for many years advertising the business of the Petitioner over 100 feet away. The sign was lighted in 1975. The Petitioner contends: (a) that the first time he knew of the law was at the time he received the subject violation notice (b) that there are many other signs in the vicinity of his sign which are not 500 feet apart and which advertise businesses 100 miles away (c) that the Respondent, Department of Transportation, notified the large sign companies before the private individuals were notified and therefore gave the large sign companies the opportunity to permit their signs whereas the individuals had no opportunity to secure permits for their signs (d) that the public would have no way of finding Petitioner's business unless the sign is allowed to stand. The Respondent contends: (a) that the sign cannot be permitted inasmuch as it can not comply with the statutory spacing requirement in its present location and that it now stands without a current tag visible.
Recommendation Remove the Peittioner's sign, unless said sign is removed by Petitioner or is satisfactorily relocated within 10 days of the issuance of this order. DONE AND ENTERED this 21st day of August, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. Gary Dotson 315 Bay Boulevard Palm Bay, Florida 32905 Philip Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact There are four sign locations involved in this case. The first is on the property of J. S. Lee and is located 0.5 mile west of State Road 89 on the south side of U.S. 90 in Santa Rosa County. The second site is located 30 to 35 feet west of the Lee property and is also described as being miles west of State Road 89 on the south side of U.S. 90. The third location is described as 0.6 miles west of State Road 89 on the south side of U.S. 90, fifteen (15) feet from the right of way of U.S. 90. The fourth location is within the vicinity of 0.6 mile west of State Road 89 on U.S. 90, and is also described as 10.6 miles east of the Escambia County line in Santa Rosa County, Florida. U.S. 90 is a Federal-Aid Primary Highway. On February 25, 1982, Bill Salter Advertising, Inc., entered into a lease agreement with J. S. Lee to erect a sign on his property adjacent to U.S. This lease gave Bill Salter permission to erect outdoor advertising signs at the location 0.5 mile west of State Road 89 on the south side of U.S. 90 in Santa Rosa County. On February 25, 1982, Bill Salter Advertising, Inc., applied to the department of Transportation for a permit to erect a sign on the Lee property at 0.5 of a mile west of State Road 89 on U.S. 90, facing east. On March 10, 1982, Bill Salter Advertising, Inc., made application to the Department of Transportation for a permit to erect an outdoor advertising sign on the Lee property at 0.5 of a mile west of State Road 89 on U.S. 90, facing west. Subsequent to the filing of these applications by Bill Salter Advertising, Inc., a representative of the Department of Transportation advised an employee of Bill Salter Advertising, Inc., that the application for the outdoor advertising sign facing east could be approved, but that the Department could not approve the application for the sign facing west. Notwithstanding this representation, the Department of Transportation disapproved both applications submitted by Bill Salter Advertising, Inc., for permits to erect two signs at 0.5 of a mile west of State Road 89 on U.S. 90, facing east and west. On February 25, 1982, Bill Salter Advertising, Inc., executed a permit cancellation affidavit to cancel a permit for a ten foot by thirty-two foot outdoor advertising sign, tag number 2156-8, located on U.S. 90 approximately 10.6 miles east of the Escamhia County line. This location is close to the location known as .6 miles west of State Road 89 on U.S. 90. This permit was cancelled so that Bill Salter could apply for permits to erect outdoor advertising signs at 0.6 mile west of State Road 89 on U.S. 90. On February 25, 1982, Bill Salter Advertising, Inc., made application to the Department of Transportation for permits to erect signs located 0.6 mile west of State Road 89 on U.S. 90, facing east and west. This property located at .6 miles west of State Road 89 on U.S. 90 is owned by William O. Salter, and has been owned by him at all times pertinent to this proceeding. On January 1, 1973, William O. Salter leased this property to Bill Salter Advertising, Inc., to erect outdoor advertising signs thereon. Subsequent to the application filed by Bill Salter Advertising, Inc., for two permits to erect signs located at 0.6 mile west of State Road 89 on U.S. 90, facing east and west, an employee of Bill Salter met with a representative of the Department of Transportation to ascertain the exact location of the signs to be erected at 0.6 mile west of State Road 89. At this meeting the employee of Bill Salter Advertising, Inc., showed the Department's representative exactly where the proposed signs would be located. When Bill Salter Advertising, Inc. cancelled its permit at a location close to 0.6 mile west of State Road 89 on U.S. 907 and applied for two permits at an exact location 0.6 mile west of State Road 89 on U.S. 90, Bill Salter had not removed its sign at the cancelled permit location. Based upon this fact, the Department of Transportation initially returned the permit application to Bill Salter Advertising, Inc., because of the policy of the Department that all existing structures had to be removed before new permits could be issued. Subsequently, the Department of Transportation changed this policy with respect to removal of signs, and determined that Bill Salter Advertising, Inc., could have its permit application approved at 0.6 mile west of State Road 89 on U.S. 90, even though it had not removed its sign at the location where it had requested the permit cancellation. The application for permits submitted by Bill Salter Advertising, Inc., was received by the Department of Transportation on February 29, 1982. On March 15, 1982, the Petitioner, Lamar Advertising Company, submitted its application for permits to erect two outdoor advertising signs located 0.5 mile west of State Road 89 on U.S. 90, facing east and west. The Department of Transportation made the determination that the application submitted by Bill Salter Advertising, Inc. , for permits located 0.6 mile west of State Road 89 on U.S. 90 was received before the permit applications submitted by the Petitioner, Lamar Advertising Company, for locations at 0.5 mile west of State Road 89 on U.S. 90. In addition, the Department determined that the prior submission of the Salter application precluded approval of the application submitted by the Petitioner, Lamar Advertising Company, beacuse of the 500 foot spacing requirements on Federal-Aid Primary Highways. Based upon these determinations, the Department of Transportation denied the application submitted by the Petitioner, Lamar Advertising Company and approved the application submitted by Bill Salter Advertising, Inc.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Lamar Advertising Company for permits to erect signs facing east and west on U.S. 90, 0.5 miles west of State Road 89 in Santa Rosa County, be DENIED. DONE and RECOMMENDED this 18th day of May, 1983 in Tallahassee, 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 18th day of May, 1983. COPIES FURNISHED: P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501 Vernon L. Whittier, Jr., Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire Post Office Box 12308 Pensacola, Florida 32581 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
