Findings Of Fact Petitioner applied for a permit to erect a sign along the north side of SR 688, 500 feet west of U.S. 19 facing east (Exhibit 1). This application was disapproved because the proposed location is within 1000 feet of an existing sign along SR 688, facing in the same direction. With respect to outdoor advertising signs the character of SR 688 and U.S. 19 change at their intersection. North of SR 688 U.S. 19 is a federal-aid primary highway, south of SR 688 U.S. 19 is a federal-aid urban highway. For sign permitting purposes U.S. 19 is a controlled highway north of SR 688 and an uncontrolled highway south of SR 688. Similarly, SR 688 is a federal-aid primary highway east of U.S. 19 and is uncontrolled west of U.S. 19. A duly permitted sign, facing east, is located along the north side of SR 688 approximately 200 feet east of U.S. 19. This sign is within 1000 feet of the location for which Petitioner seeks the permit at issue in these proceedings. The proposed sign is intended to serve westbound traffic along SR 688; however, the sign can be seen by motorists traveling on U.S. 19 while stopped in the middle of the intersection of SR 688 and U.S. 19, but the message on the sign would be unreadable to the naked eye. Respondent contends the proposed sign is governed by the spacing requirements because the sign is located within 660 feet of the right-of-way of the federal-aid primary highway portion of U.S. 19.
The Issue Whether a sign owned by D & H Oil Company located along Interstate 10 approximately 1.1 miles East of State Road 81 bearing the copy "Spur" is in violation of the setback requirements set out in Section 479.11(1), Florida Statutes, and in violation of the permit requirements set out in Section 479.07(1) and (6), Florida Statutes.
Findings Of Fact Respondent D & H Oil Company's sign is located forty- three (43) feet from the nearest edge of the right-of-way of Interstate 10 (I-10) and no permit is affixed to the subject sign. The sign in question is located within the extension of the city boundaries of Ponce de Leon, Florida as extended by ordinance drawn in 1970 and duly filed in 1975. The Town of Ponce de Leon adopted the comprehensive zoning ordinance which authorized use of business signs in commercial areas. An area north of I-10, Section 27, Township 4 North, Range 17 West was designated a commercial area. The Respondent D & H Oil Company constructed their sign in this zoned area which was within forty-three (43) feet of the nearest edge of the right-of- way of I-10, and applied to the Petitioner Florida Department of Transportation for a permit for the subject sign. The Petitioner denied the request for the reason that the sign was erected in violation of the setback requirements of Chapter 479, Florida Statutes. The Respondent D & H Oil Company did not obtain a permit before erecting the sign and it is within the area presently described as the Town of Ponce de Leon, Florida. The Ordinance filed with the Secretary of State in December of 1975 authorized use of business signs in commercial areas. The area north of I-10 in Section 27, Township 4 North, Range 17 West was designated as a commercial area, together with other areas along the highway, and the sign of Respondent is erected within that area. The areas zoned commercially by the Town of Ponce de Leon stretches several miles along both sides of the right-of-way of I-10 and contains no commercial or industrial structures other than outdoor advertising signs. The Town of Ponce de Leon has not submitted to the Administrator of Outdoor Advertising, State of Florida Department of Transportation, its zoning regulations which control outdoor advertising, and the State of Florida Department of Transportation has not notified the Federal Highway Administrator that there has been established within such area regulations which are enforced with respect to the size, lighting and spacing of outdoor advertising signs consistent with the intent of the Highway Beautification Act of 1965 and customary use. Customary use is use consistent with that use regulated statewide by Chapter 479, Florida Statutes.
Recommendation Require the Respondent D & H Oil Company to remove the subject sign unless it can show within thirty (30) days from date hereof that the area in which the sign is located is in a zoned commercial and industrial area certified by the Florida Department of Transportation to the Federal Highway Administrator that there has been established with such area regulations which are enforced wish respect to the size, lighting and spacing of outdoor advertising signs consistent with the intent of the Highway Beautification Act of 1965 and with customary use. DONE and ORDERED this 29th day of October, 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 Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James E. Moore, Esquire Post Office Box 746 Niceville, Florida Mr. O. E. Black, Administrator Outdoor Advertising Section Florida Department of Transportation Hayden Burns Building Tallahassee, Florida 32304 Mr. J. E. Jordan District Sign Coordinator Post Office Box 607 Chipley, Florida 32428
Findings Of Fact The signs located one mile east of State Road 79 on Interstate 10 and one-half mile west of State Road 79 on Interstate 10 and bearing copy advertising Best Western Tivoli Inn are owned by Mr. Fleming. These signs are located within 15 feet of the right-of-way of a federal interstate highway outside an incorporated municipality or town. The copy of these signs is visible from the interstate highway. The signs do not have permits issued by the Department of Transportation attached to them.
Recommendation Based on the violation of Section 479.07, Florida Statutes, the Hearing Officer recommends that the Department of Transportation direct the owner to remove said signs. DONE and ORDERED this 22nd day of March, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: James Moore, Esquire Post Office Box 746 Niceville, Florida 32570 Gerald Holley, Esquire Post Office Box 268 Chipley, Florida 32428 Frank King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN RE: NOT EFFECTIVE UNTIL TIME EXPIRES TO FILE FOR JUDICIAL REVIEW AND BEST WESTERN TIVOLI INN, DISPOSITION THEREOF IF FILED Petitioner, vs. CASE NO. 78-2180T FLORIDA DEPARTMENT OF TRANSPORTATION, Respondent. /
The Issue Whether Respondent is in violation of the state and federal laws, rules and regulations by enlarging, lighting and changing copy on a privileged sign without obtaining a permit for a sign less than 660 feet from the nearest edge of an interstate highway.
Findings Of Fact A formal notice of violation was given Mr. R. Armstrong on October 27, 1975, notifying him that he was in violation of Chapter 479 and Section 335.13 and Section 339.301, Florida Statutes, as well as Chapter 1, Title 23, Subparagraph G, U.S.C., inasmuch as no application for a sign permit was made and the Respondent changed, enlarged, and lighted a sign formerly owned by the Callahan Chamber of Commerce. The sign is nearer than 660 feet of the nearest edge of the right-of-way of Interstate 95, a Federal Aid Highway. The sign was first lighted on August 27, 1975 and continues to be lighted. A sign in the approximate location had been allowed to stand as a privileged sign. Copy thereon read: "Next Exit, U.S. 301 North, Callahan Chamber of Commerce." This sign was changed by the Respondent from a 16 X 62 foot sign to a 20 X 62 foot sign. Lights were added and the power turned on August 27, 1975 according to the records of the Florida Light and Power Company. The sign had been transferred to the Respondent and copy changed to read: "Shell Gas." The sign is located on State Road 8 (I-95) 12.65 miles of North Dunn Avenue. Said sign has no permit and no permit was applied for, and it is in violation of the setback requirements of Section 479.11, Florida Statutes.
Recommendation Remove subject sign if said sign has not been removed by the owner within ten (10) days after the entry of the final order herein. DONE and ORDERED this 5th day of January, 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: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. R. Armstrong Shell Service Post Office Box 2 Yulee, Florida 32097 Mr. Frank Whitesell Post Office Box 1089 Lake City, Florida 32055 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
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
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.
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.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Department take no action against the subject sign. DONE and ORDERED this 4th 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: Frank H. King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 James P. Appleman, Esquire 206 Market Street Post Office Box 385 Marianna, Florida 32446 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CASE NO. 78-2368T HENDERSON SIGNS, Respondent. /
The Issue Whether a sign owned by Respondent and located on the northbound side of 27, at 853 U.S. 27 South, Lake Placid, Florida, is located in the road right-of-way, and must be removed.
Findings Of Fact The Florida Department of Transportation (DOT) is the state agency charged with the duty to administer and enforce the provisions of Chapter 479, Florida Statutes, which regulates outdoor advertising structures along the state highway system. U.S. 27 in Highlands County, Florida, is a part of the state highway system, and title to the right-of-way for said highway is held in the name of the State. Respondent is the owner, and maintains a two sided sign structure (sign) located at 853 U.S. Highway 27 South, Lake Placid, Florida, in Highlands County, which has been erected in the DOT right of way of U.S. Highway 27, inventory section 44, approximately 300 feet South on the North bound side of the highway. The sign is approximately 8 foot by 8 foot made of wood with wooden poles, and contains the advertising copy: "Mrs. CLAIR Psychic...Tarot...Palms...(Se habla espanol)", followed by a telephone number. On March 22, 1991, Respondent was served with a Notice of Violation from the DOT concerning said sign, and was advised that said sign was erected in violation of Florida law, and must be removed within ten working days of the notice. Said sign is presently standing in the DOT right-of-way, as of the date of the formal hearing.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent's request for an exemption from the provisions of Section 479.11(8), Florida Statutes, be DENIED and that Respondent be ordered to remove said sign from the DOT right of way, in accordance with the provisions of Section 479.107, Florida Statutes. DONE AND ENTERED this 23rd day of December, 1991, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of December, 1991. Copies furnished: Jay O. Barber, Esq. Assistant General Counsel Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Laura Uwanawich Mrs. Clair 853 U.S. 27 South Lake Placid, FL 33852 Ben G. Watts, Secretary Attn: Eleanor F. Turner, M.S. #58 Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458
The Issue Whether the outdoor advertising signs of Respondent were in violation of Florida Statutes 479.07(1), sign erected without a state permit; Whether the subject signs were in violation of Florida Statutes 479.11(1), sign erected within 660 feet of the right of way of a federal aid highway; Whether subject signs are new and different signs inasmuch as they have new facings, are erected on new poles and are materially elevated from the location of previous signs. Whether subject signs are in violation of the federal and state laws and should be removed.
Findings Of Fact Petitioner, Department of Transportation, issued to the Respondent, Stuckey's of Eastman, Georgia, notices of alleged violations of Chapter 479 and Section 335.13, Florida Statutes, on July 28, 1975 with respect to five (5) signs at five (5) different locations, to-wit: .14 miles south of Volusia County on Interstate Highway 95; .75 miles south of Volusia County on Interstate Highway 95; 1.58 miles south of Volusia County on Interstate Highway 95; and 3.51 miles south of Volusia County on Interstate Highway 95. Pursuant to these notices, the Respondent requested this hearing for the determination of whether the Respondent is in violation of Florida Statutes, as alleged in the violation notice. Respondent is the owner of five (5) signs referred to in paragraph (1) of these findings Five signs with similar copy were erected by the Respondent in May of 1971 at the approximate location of subject signs. The Respondent owned and maintained the five (5) signs from April of 1971 until April-June of 1975 when such signs were removed and the subject signs built. Each of these signs is within 660 feet of the nearest edge of the right of way of an interstate highway system, but each of the signs have a permit attached, first issued in 1971 and reissued through 1974 inasmuch as the former signs were owned by Respondent and lawfully in existence on December 8, 1971, and became nonconforming on December 8, 1971, under Section 479.24(1), Florida Statutes. Between April-June, 1975, the Respondent replaced the signs existing since 1971 to better advertise its products along 1-95, south of Volusia County, Florida. Said replacement signs are in the approximate location as the replaced signs and said replacement signs have the same size facing as the replaced signs. The replacement signs are on different poles, wood being substituted for metal and at a more elevated height (between 16 and 20 feet higher) than the replaced signs. The replacement subject signs are much more visible to the traveling public than the old signs because of the materially increased elevation. The charge in the location of the subject signs, although only a short distance, the new facing materials, the replacement of metal poles with wooden poles and the decided increase in elevation make these different signs within the meaning of Chapter 479, F.S., and the federal regulations, thus, becoming new signs requiring permits rather than qualifying as nonconforming with the customary maintenance or repair of existing signs, allowed under Section 479.01(12), F.S., infra. The owner of the signs was given written notice of the alleged violations and said Respondent has had a hearing under Section 479.17, F.S., and Chapter 120, F.S.
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. DONE and ORDERED this 28th day of May, 1976, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Benjamin F. Wren, III, Esquire 0. Box 329 Deland, Florida 32720
