Findings Of Fact Respondent, Joe Bryant, is the owner of a 12' x 36' outdoor advertising sign located on the east side of State Road 52 approximately 31.27 miles east of U.S. Highway 19 in Pasco County, Florida. The sign lies within the corporate limits of the City of Dade City, Florida. The sign was observed on an undisclosed date by an outdoor advertising inspector of petitioner, Department of Transportation (DOT), during a routine inspection. After further investigation, it was determined respondent had no permit for the sign as required by state law. State Road 52 is a federal-aid primary highway. Accordingly, respondent's sign can be no closer than 1,000 feet from the next closest permitted sign on the same side of the road. The inspector found a second permitted sign only one hundred fifty-eight feet away on the same side of the highway. Therefore, respondent's sign was in violation of the spacing requirement. Respondent initially denied that he owned the sign in question. He later contended that the sign is exempt from state permit and spacing requirements since it lies within the City of Dade City, Florida. However, no valid authority for this proposition was submitted.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent's outdoor advertising sign be found in violation of Subsections 479.07(1) and (9)(a)2., Florida Statutes, and that the sign be removed. DONE and ORDERED this 7th day of August, 1985, in Tallahassee, Florida. Hearings Hearings DONALD R. ALEXANDER Hearing Officer Division of Administrative The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative this 7th day of August, 1985.
Findings Of Fact In May and June of 1983 the Department received in its district office in Chipley, Florida, applications for four permits for outdoor advertising signs to be located adjacent to I-10, approximately one mile west of S.R. 285, in Walton County, Florida. Two of these applications requested permits to erect a two-faced, back-to-back structure on I-10, 4,262 feet west of S.R. 285, and two of these applications sought permits to erect a two-faced, back-to-back structure on I-10, 5,262 feet west of S.R. 285. These permit applications stated that the locations requested were in a commercial or industrial area within 800 feet of a business. The Department's outdoor advertising inspector approved these permit applications in June of 1983. When he visited the sites he found a small building, approximately eight to ten feet by approximately ten to twelve feet in dimension, situated at a point 300 feet from one of the sign sites and 700 feet from the other site. There was a pile of steel lying on the ground adjacent to this building. He was told by the Respondent's president that the Respondent's plan was to put an office on the site, and a building on which to work on signs and to store material. On the basis of his inspection of the site, coupled with these representations of the Respondent's president, the inspector approved the four applications for sign permits. Subsequently, in 1984 after the permits had been issued, the small building had been removed and was replaced by a shed and another small building. However, in 1983 at the time the applications for permits were submitted, the site where the business activity was planned did not have telephone service, nor did this location have any mailing address, and there were no employees of the Respondent on the site until 1984. The Respondent obtained this location for the purpose and with the intent of locating its sign business thereon, but when the permit applications were submitted the site had not yet become a commercial location. Much of the evidence presented by both sides at the hearing concerned activities conducted at the location between the two sign sites subsequent to the time when the permit applications were submitted. However, this is irrelevant. The salient facts are that the president of the Respondent knew that a business activity within 800 feet of the sign site was required in order to obtain lawful permits; he intended to establish his own sign business at a location between the two sign sites which would comply with the permitting requirements; but in June of 1983 when the permit applications were submitted, there was not then in existence any business activity within 800 feet of the proposed sign sites. Thus, the statement of the Respondent on its applications that the proposed sign sites were in an unzoned commercial area within 800 feet of a business was false, and the Respondent's president knew this when he submitted the applications.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AJ511-12, AJ510-12, AJ509-12 and AJ508- 12, held by Reese Outdoor Displays, Inc., be revoked, and the signs which were erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 20th day of May, 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 20th day of May, 1985. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 George Ralph Miller, Esquire P.O. Box 687 DeFuniak Springs, Florida 32433 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact 1. Herman Corn, as Trustee, is the owner of two outdoor advertising signs in Palm Beach County, Florida, which have been cited for violation of Section 479.111(2), Florida Statutes. The first outdoor advertising sign in question is located on the east side of US Highway 441 south of State Road 808 (sign #1). The second outdoor advertising sign in question is located on the south side of State Road 808 east of US Highway 441 (sign #2). George King is an employee of the Department of Transportation with the assigned duty of being an outdoor sign inspector. Fred J. Harper is an employee with the Department of Transportation with the assigned duty of being the District Administrator of Outdoor Advertising. Stephen H. Corn is Vice-President and General Manager of Corn Construction, as well as the manager and part-owner of Boca Tierra. Herman Corn applied for and received permits to erect signs #1 and #2 in their respective locations from Palm Peach County, Florida. George King testified that he cited the signs for violation of Section 479.111(2), Florida Statutes, inasmuch as they were located on federal-aid primary highways and in an area zoned agricultural, and as such were illegal. After his initial inspection, King determined the lands upon which the subject signs are located are zoned agricultural by inspection of the zoning records of Palm Beach County. The Palm Beach County Zoning Maps showing the zoning classification of agricultural for the subject parcels of real property were inspected by George King. Copies of these maps, which were made and certified three weeks before the date of hearing, were received as Exhibit B, pages 1 and 2. Fred Harper testified as to the origin and use of Federal Highway System Maps, which give an up-to-date list of federal-aid primary highways. The maps reflecting the list of federal-aid primary highways were received as Exhibit #1. Harper, utilizing Exhibit #1, testified that State Road 7 is listed on Exhibit #1 as a federal-aid primary highway. Exhibit #1 reflects that State Road 808 is a federal-aid primary highway. Official notice was taken at the hearing of the Agreement established by Section 479.02, Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the signs in question be removed. DONE and ORDERED this 5th day of June, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue The issue is whether Petitioner is maintaining signs illegally as alleged in a Notice of Violation issued to Petitioner.
Findings Of Fact Respondent, Department of Transportation (DOT), is the state agency that regulates outdoor advertising signs located within 660 feet of the State Highway System, interstate, or federal-aid primary system, as provided in Section 479.105, Florida Statutes (2008). On January 3, 2008, DOT issued Notice of Violation T117MB alleging that eight signs on the Shiver Property (Shiver) in Florida City, Florida, were erected illegally, and requiring the owner to remove or to pay DOT to remove the signs. There is no dispute that the permits to erect the signs have not been issued by DOT. The signs are mounted on top of the Shiver building located at 12 Northeast 3rd Street, Florida City, Dade County, Florida, and are from 16 to 27 feet apart from each other. The property is managed by Roy Dan Shiver (Mr. Shiver) who operates Shiver Glass and Mirror Company at the same location. Other tenants are the Frito Lay Company, a tax preparation service, and a real estate business. One of the signs on the Shiver building advertises for "Captain Shon's Seafood Grill & Pub Fish and Chips MM 103 - Key Largo." Another sign reads "The Big Chill Waterfront Dining 24 miles to Sports Bar Tiki Bar Pool MM 104 - Key Largo - Bayside." A third sign advertises "Sunset - Seafood Marker 88." Captain Shon's Seafood Grill & Pub Fish and Chips, Big Chill Waterfront Dinning, and Sunset - Seafood Marker 88 do not operate businesses on the Shiver property. The remaining five signs are various advertisements for The Shell Man including the following: "The Shell M Windchi T-shirt 32 miles on left * 70 on" (with apparent damage cutting off some of the words); "The Shell Man Unique Gifts * Full Service * Gas Station * Free Shell Necklace 32 miles on left;" "The Shell Man Take Home A pet! Hermit Crabs 32 miles on left * 70 miles on left;" "The Shell Man Come Blow A Conch Horn 32 miles on left;" and "The Shell Man Shark Necklaces Jaws & Gifts 32 miles on left * 70 miles on left." Mr. Shiver testified that The Shell Man has operated a business in the Shiver building for more than seven years, and currently operates in an office shared with Mr. Shiver after having moved from a separate office that is now occupied by a real estate company. His testimony regarding the length of time The Shell Man has operated a business at that location is not supported by the one lease he has with The Shell Man, dated January 1, 2008, with no other evidence of prior agreements. According to Mr. Shiver, The Shell Man operates a business by having brochures and samples of shells, that "they could sell" or "could give them away," in the Shiver office, but The Shell Man has no sign on the door and its owner comes and goes with no regular hours. Petitioner's claim that The Shell Man operates a business on the premises is not supported by the credible evidence. In response to questions concerning the zoning and any special designations for the area in which the Shiver building is located, Mr. Shiver was "sure it's zoned commercial," believed it was part of a community redevelopment area, and testified that it was "very possible" that it is in an empowerment zone. The signs on the Shiver building in Dade County all advertise for businesses located in Monroe County, and are oriented facing north to be seen by traffic heading south. Mr. Shiver testified that drivers on U.S. 1, a federal-aid primary highway, have to turn their heads and look back to see the signs on his building. A permitted billboard north of the Shiver property has two signs on it, one faces north and the other faces east. Petitioner takes the position that, (1) the eight signs are not on U.S. 1 but on the Florida Turnpike off-ramp leading onto U.S. 1; (2) that the evidence does not clearly show that the signs are within 660 feet of and visible from a federal-aid primary highway or interstate; (3) that the signs are not too close together or to the nearest permitted billboard that has signs facing in different directions; (4) that the local government, not DOT, has the authority to regulate the signs under an agreement with the federal government; and (5) sign regulations are inapplicable in the "distressed area." Mack Barnes, the DOT outdoor advertising inspector, who reported the possible sign violations to DOT testified that the signs are approximately 150 feet from the state right-of-way and are visible from U.S. 1. Mr. Barnes took a picture of the building with the signs to submit with his report. He could only submit one or two pictures with his report and to get the best vantage point, he took that picture from the Turnpike off ramp. Mark Johnson, the DOT regional advertisement inspector, also photographed the signs on the Shiver building. Like Mr. Barnes, he took some photographs from the Turnpike ramp, but he took one, Respondent's Exhibit 7, while he was standing on southbound U.S. 1. That picture shows the Shiver building and five of the signs on top of it. Based on Mr. Johnson's measurements, the signs are from 16-to-27 feet apart, and the distance to the nearest permitted billboard, with tag numbers BC367 and CG754, is 445 feet. The measurements were taken with a Nightstar Distance Measuring Instrument and are more exact than an earlier DOT estimate of 491 feet based on the milepost locations. On December 31, 2007, Mr. Johnson checked each door of the Shiver building to see if any of the businesses advertised on the signs were operating on the premises and they were not. He did not go inside any of the offices.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a final order finding that the eight signs that are the subject of Notice of Violation T117MB are a public or private nuisance, and requiring that they be removed as provided in Subsection 479.105(1)(a), Florida Statutes. DONE AND ENTERED this 1st day of April, 2009, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER 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 April, 2009. COPIES FURNISHED: Cynthia A. Henderson, Esquire Cynthia A. Henderson, P.A. 411 Meridian Place Tallahassee, Florida 32303 Kimberly Clark Menchion, Esquire Department of Transportation 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399 James C. Myers, Agency Clerk Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450 Stephanie Kopelouso, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Alexis M. Yarbrough, General Counsel Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450
The Issue Whether Petitioner's application for two state sign permits to place a two-sided outdoor advertising sign on the east side of State Road 291 in Escambia County, Florida should be approved.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Petitioner, Bill Salter Advertising, Inc., is an outdoor sign company located in Milton, Florida. Respondent, Department of Transportation (DOT), is the state agency charged with the responsibility of regulating outdoor advertising signs. On May 16, 1997, Petitioner filed an application with DOT seeking two permits to place a two-sided outdoor advertising sign on the east side of State Road 291, 0.3 miles south of State Road 290 in the unincorporated portion of Escambia County, Florida. The proposed location is less than 500 feet north of Interstate 10, a federal interstate roadway with a restricted interchange. On May 30, 1997, DOT issued its Notice of Denied Application in which it denied the application on the ground the proposed sign site was within 500 feet of a restricted interchange or intersection at grade and thus violated an agency rule. The receipt of this notice prompted Petitioner to initiate this proceeding. The proposed sign will be located on the property of a Chevron gasoline station, which is located on the eastern side of State Road 291. Although the sign will be located on State Road 291, and it is intended to be visible to persons using that roadway, its message is also visible to persons using Interstate 10. Rule 14-10.006(1)(b)5., Florida Administrative Code, prohibits outdoor advertising signs which are located within the restricted area of an interstate ramp in the unincorporated area of a county. A restricted area is defined as being within 500 feet of an interchange. In this case, the proposed sign location is only 320 feet from the on and off ramp for Interstate 10 within the unincorporated area of Escambia County. Therefore, the proposed location lies within a restricted area and is prohibited by the rule. To be permittable, Petitioner would have to move its proposed sign location several hundred feet to the east or west. At hearing, Petitioner contended that two other signs have been erected nearby on State Road 291 and have not been cited by DOT as being in violation of the rule. For the sake of fairness, it contends that its application should be approved. The first sign is an on-premise sign for Chuck E Cheese's located on property owned by the University Mall. On-premise signs, however, are regulated by the county and not the state, and therefore DOT has no jurisdiction over the sign. The second sign, one advertising Montana Bar-B-Que and Seafood Buffet, cannot violate the interstate ramp rule because it is located on the west side of the roadway; the entrance and exit ramps for the Interstate 10 interchange are all located on the east side of the roadway. Petitioner also contended that its message is intended to be seen by persons using State Road 291, and not those using Interstate 10. However, DOT has consistently interpreted its rule as prohibiting all signs outside incorporated towns and cities, which are located within the restricted area of an interstate ramp, even though the sign facings are not meant to be read from the interstate. This interpretation of the rule was not shown to be clearly erroneous, and it is hereby accepted.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Transportation enter a Final Order denying Petitioner's application for two state sign permits to place a two-sided sign on the east side of State Road 291 in Escambia County, Florida. DONE AND ENTERED this 6th day of March, 1998, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675, SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this day 6th of March, 1998. COPIES FURNISHED: Diedre Grubbs, Agency Clerk Department of Transportation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-00458 Robert Griffin Bill Salter Advertising, Inc. Post Office Box 761 Milton, Florida 32572 Andrea V. Nelson, Esquire Department of Transporation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0458 Pamela S. Leslie, Esquire Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0450
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition of Billboard Consultants for permits to erect outdoor advertising signs on Prudential Drive (U.S. 1), 90 feet south of Flagler Avenue, facing south, in Jacksonville (Duval County), Florida, be denied. THIS RECOMMENDED ORDER entered this 22nd day of April, 1985 in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 22nd day of April, 1985.
Findings Of Fact On November 13, 1984, the Petitioner, Bill Salter Outdoor Advertising, Inc., applied for permits to locate an outdoor advertising sign on the west side of SR 291, approximately .1 mile north of I-10, in Escambia County, Florida. One of the two faces of this sign would face north and the other south. This location is outside the corporate limits of any city or municipality. I-10 and SR 291 intersect in the area where the Petitioner proposes to locate its sign. This site is 492 feet from the nearest edge of the interstate where it intersects with SR 291 at the westbound entrance ramp from SR 291. This intersecting point is on the west side of SR 291, the north side of I-10, and it is within 500 feet of the interchange area. A sign placed at the proposed site would be visible to traffic on the main-traveled way of I-10.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is Recommended that the application of Bill Salter Outdoor Advertising, Inc., for permits to locate an outdoor advertising sign on SR 291, .1 mile north of I-10, facing north and south, in Escambia County, Florida, be DENIED. THIS RECOMMENDED ORDER entered this 3rd 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 3rd day of April, 1986. COPIES FURNISHED: Bill Salter Outdoor Advertising, Inc. Post Office Box 422 Milton, Florida 32572 Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
The Issue The parties are in agreement regarding the facts surrounding this application as presented in their stipulation read into the record at caring. The only issue is a legal issue, whether the sign as it would be altered would "remain substantially the same."
Findings Of Fact Pursuant to stipulation, the following findings of fact are made: The applications for the modifications to the two faces of the existing sign were received as Exhibits 1 and 2, together with the blueprint drawing of the proposed sign together with a photograph of the existing sign, which was received as Exhibit 3. The signs in question, two faces on the same sign, are located within the city limits. The signs are off-site nonconforming signs and do not conform to spacing requirements, i.e. the distance between signs. The signs are located on an interstate highway. Chevron requests the change in order to make the signs conform to its corporate identity. The Department of Transportation opposes the change because the signs are grandfathered "legal" nonconforming signs, and the Department asserts that Section 14-10.07(2)(a), Florida Administrative Code, prohibits the requested modification. The proposed alteration would not exceed 25 percent of the preexisting value of the signs, they would be reduced in height from 58 feet to 50 feet, and the size of each face would be reduced in size from 570 square feet to 408 square feet. 1/ Based upon the evidence presented, the following findings of fact are made: The existing signs are in excellent condition and, given the permitted maintenance, would last an indefinite length of time. Because of the reduction in height and face size of the signs, the value of the altered signs as it is computed by the Department for purposes of purchasing the signs would be less than the value of the unaltered signs. The Department has an obligation to purchase nonconforming signs as funds become available in order to comply with the Federal Highway Beautification Act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the application of Heath and Company be denied. DONE and ORDERED this 16th day of January, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of January, 1981.
Findings Of Fact The Respondent, J. B. Davis, Inc., owns an outdoor advertising sign which is situated on the south side of I-10, .14 mile west of C-255, in Madison County, Florida. The sign faces eastbound traffic. I-10 is a part of the interstate highway system, and it is open to traffic. The subject sign is visible from the main traveled way of I-10. There is no zoning in Madison County, Florida. The subject sign has been erected and is situated beyond 800 feet from any existing business, and it is within 660 feet from the right-of-way of I-10. The subject sign does not have a permit issued by the Department of Transportation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's sign situated on the south side of I-10, .14 mile west of C-255, facing eastbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER entered this 3rd day of April, 1985, 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 3rd day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis President J. B. Davis, Inc. Base and Duval Streets Madison, Florida 32340 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact Union Street at its intersection with Jefferson Avenue in Jacksonville, Florida, is also known as US 23 and is a federal-aid primary highway. It is a one-way street for east-bound traffic and is located within the corporate limits of Jacksonville. The proposed sign would be located on the north side of Union Street 20 feet west of the intersection with Jefferson Street and would face west to be viewed by the eastbound traffic on Union Street. Zoning at the proposed location is commercial/industrial. Criterion Advertising Company has been issued permits for two signs near the intersection of Union Street and Jefferson Avenue (Exhibits 5 and 6). These signs are on the south side of a building on the northeast corner of this intersection, thus making them parallel to Union Street 14 feet and 20 feet respectively east of the Jefferson Avenue pavement. Jefferson Avenue is not a federal-aid primary highway. In their inventory the Department of Transportation (DOT) carries the Criterion signs as facing westerly because they can be seen by the eastbound traffic on US 23. There are only four blocks on an application for a sign permit in which to mark the direction in which the sign faces. These are the four cardinal points of the compass. Highways in Florida, as well as the streets in most cities in Florida, run generally in a north/south or east/west direction. Signs alongside a federal-aid primary highway that are intended to be seen by northbound traffic are carried in DOT inventory as southerly facing signs whether they actually face in a southerly compass direction or not. Advertising signs, the face of which are parallel to the highway from which they are viewed, are not as saleable as are signs at right angles, or nearly so, to the highway.
