Findings Of Fact 1. On or about January 18, 1988, a DOT sign inspector observed Respondent's signs 600 and 625 feet south of Candlewood Drive in Pasco County on what appeared to be the easterly right-of-way of U.S. 19. The right-of-way of U.S. 19 at this location extends 59 feet from the easterly edge of the pavement of U.S. 19. Respondent's signs were 49 feet from the edge of the paved surface of U.S. 19. U.S. 19 is a Federal Aid Primary Highway. Respondent located his signs east of the berm along U.S. 19 which he believed to be off of the DOT right-of-way.
Findings Of Fact The attorney for the Respondent thereafter filed a statement in part as follows: "It is my understanding that the issues to be presented for decision are whether the sign in question violates the set- back and permit requirements under state and federal law. After a thorough review of the factual background, it appears that the respondent has no alternative but to, and does hereby admit the allegations, end consent that the sign was erected in vio- lation of the setback and permit require- ments It is therefore obvious that: the sign should be removed and I would request that he be allowed a period of thirty days from the date of this letter to remove the sign so as to avoid the necessity of further action on the part of the Florida Depart- ment of Transportation." The above statement was contained in a letter from Richard Wayne Grant, attorney for Sefton Miller, Respondent, and is considered dispositive of the issue.
Recommendation Remove subject sign after November 20, 1977, unless said sign has previously been removed by the Respondent. DONE and ORDERED this 31st day of October, 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 Hayden Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Hayden Burns Building Tallahassee, Florida 32304 Richard Wayne Grant, Esquire Post Office Box 209 Marianna, Florida 32446
Findings Of Fact On or about January 11, a DOT sign inspector observed two signs owned by Respondent on what appeared to be the right-of-way of U.S. 19 in the vicinity of C.R. 576 in Pinellas County. The right-of-way of U.S. 19 at this location extends 100 feet east and west of the centerline of U.S. 19 and 50 feet east and west of the edge she paved surface of U.S. 19. U.S. 19 is a Federal Aid Primary Highway and part of the State Highway System Measurements were taken on the distance from the edge of the paved surface of U.S. 19 to the signs. The sign located 500 feet south of C.R. 576 was 35 feet from the edge of the pavement, and the sign 0.1 mile south of C.R. 576 was 38 feet from the edge of the pavement. On or about January 27, 1988, the DOT sign inspector observed a sign 0.75 mile south of C.R. 592 owned by Respondent on what appeared to be the right-of-way of U.S. 19 in Pinellas County. The right-of-way of U.S. 19 in this location is the same as in Finding No. 2 above. Measurements taken of this sign from the edge of the pavement showed the sign to be 38 feet from the edge of the paved surface of U.S. 19, placing the sign some 12 feet inside the right-of-way boundary. Respondent submitted photographs of other signs which appeared to be on the right-of-way of U.S. 19 in the vicinity of Respondent's signs which were not cited for being on the right-of-way. However, during the past year some 2,000 violations have been issued citing signs, principally along U.S. 19, with being located on the right-of-way.
Conclusions This matter came before the Department for entry of a Final Order upon submission of a Joint Motion to Relinquish Jurisdiction and an Order Closing File and Relinquishing Jurisdiction by June C. McKinney an Administrative Law Judge of the Division of Administrative Hearings, copies of which are attached and incorporated by reference. On January 16, 2014, the parties entered into a settlement agreement which is attached hereto and incorporated by reference. Accordingly, it is hereby ORDERED that the attached Settlement Agreement is hereby adopted and this case is DISMISSED. DONE AND ORDERED this 3\ day of January, 2014, in Tallahassee, Leon County, Florida. Qype Crbur Julie Baker, Chief Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed February 7, 2014 3:56 PM Division of Administrative Hearings Filed with the Clerk of the Division of Motorist Services this a, | day of January,.2014. NOTICE OF APPEAL RIGHTS ™ Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. Copies furnished: Albert J. Stopka, Esquire Albert J. Stopka, III, P.A. 108 Mosley Drive Lynn Haven, Florida 32444 stopkalawefile@bellsouth.net;stopkalawefile@hpeprint.com Damaris E. Reynolds, Esquire Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway, Room A-430, MS 61 Tallahassee, Florida 32399 damarisreynolds@flhsmv.gov June C. McKinney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
Findings Of Fact The sign here in issue was erected in 1992 and remained in the same location until December 1986. The sign is located along the west side of U.S. 19 in Pasco County, Florida, 41 feet from the western edge of the pavement. The DOT right-of-way at this location is 57 feet. U.S. 19 is part of the state highway system. Respondent stipulated that the sign was located in the DOT right-of-way and was in violation. Upon receipt of the violation notice, the association relocated the sign off of the DOT right-of-way within ten days of the notice of violation (December 11, 1986).
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by William F. Quattlebaum, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Notice Of Voluntary Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and Respondent shall abide by the terms of the Settlement Agreement entered into in this matter. Filed September 11, 2014 2:09 PM Division of Administrative Hearings DONE AND ORDERED this \\ day of September, 2014, in Tallahassee, Leon Cobur Julie Baker, Chief Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 County, Florida. Filed with the Clerk of the Division of Motorist Services this } { day of September, 2014. NOTICE OF APPEALRIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jdc Copies furnished: Richard A. Filson, Esquire Filson and Penge, P.A. 2727 South Tamiami Trail Sarasota, Florida 34239 filsonlawfirm@gmail.com Damaris E. Reynolds, Esquire Department of Highway Safety And Motor Vehicles 2900 Apalachee Parkway, Room A430, MS61 Tallahassee, Florida 32399 damarisreynolds@flhsmv.gov William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 6 fees. eat
The Issue Whether Respondent's sign is in violation of the applicable Florida Statutes?
Findings Of Fact Respondent is the owner of a sign located 3.138 miles south of State Road 5A on the southbound side of Highway U.S. 1. The sign is visible form the U.S. 1, and is attached to another sign. The other sign is owned by Lamar Advertising, was erected in 1964, and was issued permit no. 746-08 by Petitioner. The annual renewal fees for the permit have been paid. Respondent's sign has never been issued a permit by Petitioner. U.S. 1 is a federal-aid primary highway. Respondent's sign advertises his telephone number and business, which is at a different location than the sign. Respondent's sign is located within 1,000 feet of Lamar Advertising's sign.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner issue a final order requiring that Respondent's sign be removed. DONE and ENTERED this 20th day of May 1988, in Tallahassee, Florida. JOSE A. DIEZ-ARGUELLES 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 20th day of May 1988. COPIES FURNISHED: Vernon L. Whittier, Jr., Attorney Department of Transportation Haydon Burns Building 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399-0458 Jim Davenport 1005 North Dixie Highway New Smyrna Beach, Florida 32069 Kaye N. Henderson, P.E., Secretary Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Attn: Eleanor F. Turner, Mail Station 58 Thomas H. Bateman, III General Counsel 562 Haydon Burns Building Tallahassee, Florida 32399-0450
Findings Of Fact On or about January 8, 1988, a DOT sign inspector observed two of Respondent's signs along U.S. 19, 50 feet north of C.R. 95 and 300 feet north of C.R. 95 which appeared to be on the right-of-way of U.S. 19. The right-of-way of U.S. 19 at this location is 100 feet east and west of the centerline of U.S. 19 and 50 feet east and west of the edge of the pavement of U.S. 19. Respondent's two signs were 34 feet and 38 feet, respectively, from the edge of the paved surface of U.S. 19. On or about January 13, 1988, a DOT sign inspector observed a sign owned by Respondent along U.S. 19, 50 feet north of Lake Street which appeared to be on the right-of-way of U.S. 19. The right-of-way of U.S. 19 at this location extends 55 feet from the easterly edge of the pavement of U.S. 19. A measurement taken from the edge of the pavement to Respondent's sign showed the sign to be 46 feet from the edge of the pavement. U.S. 19 is a Federal Aid Primary Highway. Respondent presented testimony that when its signs were erected they were located no closer to U.S. 19 than the power pole line which is generally located in the DOT right-of- way line.
