Findings Of Fact On May 18, 1979, and May 25, 1979, Henderson Signs filed applications for seven permits to erect seven outdoor advertising sign structures in Washington County, Florida, adjacent to Interstate 10 in the proximity of State Road 77. These applications were field approved by the Department's outdoor advertising inspector and by his supervisor on or about May 30, 1979. Thereafter, on or about June 6, 1979, the Department issued permit numbers 11176-10, 11170-10, 11172-10, 11174-10, 11175-10, 11178-10 and 11179-10 to Henderson Signs. These permits authorized the erection of the signs in the vicinity of the I-10 and S.R. 77 interchange in Washington County, which are the subject of this proceeding. Subsequent to the issuance of theme permits, Henderson Signs erected the signs at the permitted locations. Thereafter, Henderson Signs transferred to the Respondent, Tri-State Systems, Inc., all of its interest in these signs and in the permits which authorized them to be erected. Prior to this transfer, the Respondent's representatives inquired at the Department's district office in Chipley whether the permits to be purchased from Henderson Signs were valid permits. Two of the Respondent's representatives testified that they received assurance from the outdoor Advertising Administrator in the Chipley district office that these permits were legal permits. This testimony, however, is self-serving and uncorroborated, and thus is not of sufficient quality to support a finding of fact. The subject permits had been issued by the Department because its district personnel believed that the proposed locations were in areas which had been zoned by the proper authorities of Washington County as commercial. Each of the permit applications submitted by Henderson Signs asserted that the site applied for was in a commercial or industrial zoned area. However, these assertions by Henderson Signs on its permit applications were false. There is not currently nor has there ever been any zoning in effect in Washington County on land located along I-10. The Department's district personnel in Chipley were thus misled by the assertions made by Henderson Signs on its applications. Although zoning ordinances are a matter of public record, and the Department's district personnel might have more thoroughly checked to ascertain if the subject sites were zoned as indicated on the applications, so also did the Respondent's representatives have this opportunity to ascertain the true zoning situation for the sites where they proposed to buy signs. The Respondent is an outdoor advertising company which has been in the business of outdoor advertising since at least 1976. It was aware that signs along an interstate highway must be located in either a zoned or an unzoned commercial or industrial area. Its normal procedure is to check with the county relative to zoning. Nevertheless, the Respondent did not verify the zoning status of any of the subject sites before consummating the purchase of these signs from Henderson Signs. The subject signs are located in a rural setting, and there is no commercial activity located in the area. Prior to October, 1984, these sites were inspected by the Department's Right-of-Way Administrator. As a result of this inspection, notices of violation were sent to the Respondent advising it that proceedings were being initiated to revoke the subject permits because the locations were not in a zoned or unzoned commercial or industrial area.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that signs bearing permit numbers 11176-10, 11170-10, 11172-10, 1174-10, 11175-10, 11178-10, and 11179-10, held by the Respondent, Tri-State Systems, Inc., authorizing signs in proximity to the I-10 and SR-77 interchange in Washington County, Florida, be revoked, and the subject signs be removed. THIS RECOMMENDED ORDER entered this 1st day of August, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of August, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire O. Box 2151 Orlando, Florida 32802-2151 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact The Respondent, Bill Salter Outdoor Advertising, Inc., was issued permits numbered AI-962-10 and AI-963-10 on or about April 28, 1983. These permits were for the erection of a sign located on the north side of I-10, approximately 1.6 miles east of SR 297, in Escambia County, Florida. They were issued because of the proximity of an automotive business noted on a sketch attached to the applications submitted by the Respondent as "Bill's Paint and Body Shop." In February of 1984, replacement tags numbered AL844-12 and AL845-12 were issued. The Respondent submitted the applications and the attached sketch for these permits, and designated on the applications that the sign location would be in an unzoned area within 800 feet of a business. The sketch shows what is designated as "Bill's Paint and Body Shop" to be in close proximity to the proposed sign location. On each of these applications the Respondent certified that the sign would meet all requirements of Chapter 479 of the Florida Statutes. Prior to the issuance of these permits, the subject site was inspected by the Department's outdoor advertising inspector, who approved the applications because of the existence of a "Pritchett's Paint and Body Shop" nearby the proposed sign location. This inspector was able to see several autos on the Pritchett property and some activity around these autos. Apparently because the inspector expected to find an automotive business near the proposed sign site as represented on the Respondent's applications, it was concluded that such a business existed there, and the applications were approved. Subsequently, a sign was erected on the Pritchett property with the copy "Willie's Paint and Body Shop," but this sign was not in place when the site inspection was made. From the main traveled way of I-10, the inspector was not able to testify specifically that any paint and body work was observed, or that any commercial activity could be seen from the interstate. The inspector merely testified "I observed activity around those automobiles going on." The Pritchett property is residential. Mr. Pritchett lives there. He does operate a paint and body business from his back yard. He has had an occupational license since 1977, renewing these businesses each year through 1984. Although he could not produce a license for the year when the permits were approved, this does not mean that he didn't actually renew the license for this year. Nevertheless, as viewed from I-10, only the sign which was erected subsequent to the approval of the permits and the rear portion of some autos, can be seen. The Department's inspector made a mistake in approving the Respondent's applications because no commercial activity is visible from the interstate. The testimony of the Respondent and his witnesses, including Mr. Pritchett, is rejected as being inconsistent with what can be seen by viewing the photographs in evidence. Moreover, whoever erected the sign had to feel that the view from I-10 was inadequate to qualify the site as commercial without it. During the summer of 1984, the subject site was inspected by a Department Right-of-Way Administrator, who determined that the permits had been issued in error because of the absence of visible commercial activity within 800 feet of the sign. In December of 1984, the Department issued its notices of violation advising the Respondent that the subject sign permits were being revoked.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AL844-12 and AL845- 12 held by the Respondent, Bill Salter Outdoor Advertising, Inc., authorizing signs on the North side of I-10, approximately 1.6 miles east of SR 297 in Escambia County, Florida, be revoked, and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 31st day of October, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 1985. APPENDIX TO RECOMMENDED ORDER, CASE NO. 85-0327T The Proposed Findings of Fact submitted by the parties are ruled upon as follows: Petitioner's Proposed Findings of Fact: Accepted. Rejected, as irrelevant. Rejected, as irrelevant. Accepted. Rejected, as irrelevant. Accepted relative to use of sketch. Rejected relative to remainder, as irrelevant. Accepted. Accepted relative to the photos. Rejected relative to remainder, as irrelevant. Respondent's Proposed Findings of Fact: Accepted. Accepted. Accepted. Rejected, as irrelevant. Rejected. Accepted relative to the application. Rejected relative to remainder, as irrelevant. Rejected, as irrelevant. Accepted relative to visibility of the commercial activity. Rejected relative to remainder. Accepted relative to everything except the visibility from I-10. Rejected, relative to the visibility from I-10. Accepted. Rejected relative to visibility from I-10. Accepted relative to the remainder. Accepted. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire Post Office Box 12308 Pensacola, Florida 32581 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
The Issue Whether the Department of Transportation should is sue a permit under Chapter 479, Florida Statutes, for the subject outdoor advertising sign.
Findings Of Fact An outdoor advertising sign located 9.85 miles east of Volusia County line on Highway 1-4, East, with copy presently reading, "Four Seasons" was cited for violation by the Petitioner, Department of Transportation. Said violation notice was sent to the Respondent, Peterson Outdoor Advertising Company. The sign is located approximately 1200 feet north of State Road 430-A on the east side of 1-4 facing south and bears a 1974 state permit No. 6273-10. It is not disputed that this sign was owned by Rivers Advertising Company and sold by Rivers Advertising Company by Bill of Sale dated June 21, 1974 to the Petitioner, Department of Transportation. The sign did not conform to the requirements of Chapter 479, Florida Statutes, as evidenced by memorandum dated May 1, 1973, Department of Transportation files, Petitioner's Exhibit 1, and upon its sale to the Department was to have been removed by the Department from its location. The payment for the sign amounted to $4,975 which was paid by check to the owner, Rivers Advertising Company. Rivers Advertising Company had leased the real property on which subject sign stood from the property owner, Mr. Gene Berna. Mr. Berna said that Rivers Advertising Company had not paid under their lease agreement at the time that the Petitioner, Department of Transportation, sought to remove the sign subsequent to its purchase from Rivers on June 21, 1974 and would not let the maintenance crew remove the structure. Dandy Signs claimed ownership of the sign by virtue of the fact that Gene Berna sold it to then and that it purchased a renewal 1974 permit tag Number 6273-10-74 and affixed it to the structure. Dandy Signs had never made an application for a permit for subject sign but through error of the Petitioner acquired the permit sign attached to subject sign through the inclusion of it in a regular renewal procedure. Subject sign was not eligible to be permitted under the renewal procedure inasmuch as said sign had been purchased by the State of Florida on June 21, 1974 and Dandy Signs was not eligible for the renewal permit issued because it did not own the sign. Dandy Signs, claiming ownership for the sign through an agreement with the owner of the property on which the sign was located, then "sold" the subject sign by Bill of Sale to the Respondent, Peterson Outdoor Advertising, by an instrument dated May 27, 1975. The proposed Recommended Order filed by the Respondent has been examined and considered in the preparation of this order. The Hearing Officer further finds: The subject sign is owned by the Petitioner. The property owner, Gene Berna, had no title to the subject sign. His only interest was as lessor of the real property. Dandy Signs was on notice that the sign did not belong to the property owner, Gene Berna, and that it belonged to Rivers Outdoor Advertising. Berna told Dandy Signs the subject sign belonged to Rivers. Dandy Signs should not have requested a renewal permit on a sign not previously owned by it and not purchased from the owner. The Petitioner erroneously issued a renewal permit on subject sign upon Dandy's representation it was the owner of the sign. Respondent, Peterson Outdoor Advertising, received no interest in the sign by the alleged Bill of Sale of May, 1975, inasmuch as it did not buy the sign from the owner, the State.
Recommendation Deny the request for a permit. Remove the subject sign which is owned by the Petitioner and should be removed from the roadside. DONE and ORDERED this 29th day of July, 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 William Rowland, Esquire 115 East Morse Boulevard Winter Park, Florida 32789
Findings Of Fact On August 17, 1979, Rocair Realty Company wrote a letter to William Salter of Bill Salter Advertising, Inc., agreeing to lease a location on the west side of State Road 291 (Davis Highway), north of State Road 296 (Brent Lane), 150 feet west of the intersection of Davis Highway and Brent Lane. In reliance on this letter, Bill Salter Advertising, Inc., applied to the Department of Transportation on August 20, 1979, for a permit to erect an outdoor advertising sign located 150 feet west of State Road 291. On September 28, 1979, Bill Salter Advertising, Inc., executed a lease with Rocair Realty Company to formalize the written permission granted by Rocair Realty Company on August 17, 1979, to erect an outdoor advertising sign at the location 150 feet west of State Road 291. This lease gave Bill Salter Advertising, Inc., the right to negotiate with Rocair Realty for other locations on the leased property. The Department of Transportation issued to Bill Salter Advertising, Inc., a permit to erect an outdoor advertising sign located 150 feet west of State Road 291, and Bill Salter Advertising, Inc., erected an outdoor advertising sign at this location. The September 28, 1979, lease between Bill Salter Advertising, Inc., and Rocair Realty Company, terminated on October 1, 1981. On October 1, 1981, Bill Salter Advertising, Inc., entered into another lease agreement with Rocair Realty which ran until September, 1982, and on August 11, 1982, Bill Salter Advertising, Inc., executed a third lease with Rocair Realty for the same property which runs until September, 1983. Based upon provisions of the September 28, 1979, lease with Rocair Realty Company, an employee of Bill Salter Advertising began to negotiate with Rocair Realty for a location on the leased property 210 feet north of State Road 296. Bill Salter Advertising paid Rocair Realty the lease fees on the location at 150 feet west of State Road 291, and lease fees were paid to Rocair Realty on the location of 210 feet north of State Road 296. On August 4, 1981, Bill Salter Advertising, Inc., applied to the Department of Transportation for outdoor advertising sign permits at the location 210 feet north of State Road 296. On August 17, 1981, the Department of Transportation approved this application and issued permit tags for signs facing north and south on the west side of State Road 291, 210 feet north of State Road 296. On September 4, 1981, the Petitioner, Lamar Advertising Company, applied to the Department of Transportation for permits to erect outdoor advertising signs located on the west side of State Road 291, 190 feet north of State Road 296. This location is not a Federal-Aid Primary or Interstate Highway, and it is outside the city limits of Pensacola, in Escambia County. As such it is subject to the spacing requirements of the Escambia County ordinance regulating outdoor display advertising. At the time the Petitioner, Lamar Advertising Company, made this application, the Department of Transportation had already issued permits for Bill Salter Advertising's location at 150 feet west of State Road 291, and it had already approved a permit for the erection of Bill Salter Advertising's signs located 210 feet north of State Road 296. The location for which Lamar Advertising seeks per- mits is less than 500 feet from the permitted locations of Bill Salter Advertising at 150 feet west of State Road 291 and at 210 feet north of State Road 296.
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 ("V" shaped) on State Road 291, 190 feet north of State Road 296 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 The Oakland Building 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, Mail Station 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
Findings Of Fact On August 5, 1985, Bill Salter Outdoor Advertising applied for a state sign permit for a location facing east on the south side of U.S. 90, a federal aid primary highy, 1.94 miles east of U.S. 90 and County Road 197, in Santa Rosa County, Florida. This application shows the proposed sign site to be 15 feet from the highway right-of-way, outside city limits, in an unzoned area. The Department denied the Petitioner's application by Memorandum of Returned Application dated September 3, 1985, because the sign site is an an area without permittable zoning, pursuant to Sections 479.11 and 479.111, Florida Statutes. Paul Salter, witness for Bill Salter Outdoor Advertising, presented evidence in the form of an application, lease, aerial map showing the plant of Air Products Company and a private road connecting this plant with Highway 90, and several photographs showing trucks using the private road to deliver materials to the Air Products Company plant. Paul Salter contends that the business activities required to qualify the site as unzoned commercial are the trucks driving in and out of the plant, and that each truck using the private road constitutes a commercial use under Chapter 479, Florida Statutes. He argues that the Air Products plant is a fiber plant or some type of manufacturing facility, and that the manufacturing activities take place on the private road, but the only activities he observed from U.S. 90 were the trucks using the private road and people cutting grass. Upon receipt of the permit application, an inspection of the proposed site was conducted by the Department's Outdoor Advertising Inspector for Santa Rosa County. By his measurements, the distance from the intersection of the private road and U.S. 90 to the Air Products administration building is .4 miles or more than 2,000 feet. There are large trees lining the private road, and these trees merge into a dense wooded area toward the south end of the road. The proposed sign site is unzoned, the area to the west of the entrance to the private road consists of woods, and to the east is a trailer park with several mobile homes. Approximately .3 miles down the private road the area clears out on the right side, and the manufacturing facilities and storage tanks become visible. Howevar, none of the commercial or industrial activities are visible from the main-traveled way of U.S. 90.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a Final Order finding that the application of Bill Salter Outdoor Advertising for a permit on the south side of U.S. 90, 1.94 miles east of U.S. 90 and County Road 197, in Santa Rosa County, Florida, be DENIED. This Recommended Order entered this 17th day of June 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 17th day of June, 1986. COPIES FURNISHED: Bill Salter Outdoor Advertising Post Office Box 422 Milton, Florida 32572 Vernon L. Whittier, Esq. Department of Transportation Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mr. Thomas Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301-8064 A. J. Spalla, Esquire General Counsel Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301-8064
Findings Of Fact Outdoor Display is a licensed outdoor advertiser holding License No. 18191 from Polk County. The two signs which are referenced in the charges are located on U.S. 92 respectively 2.59 miles and 2.67 miles west of U.S. 27. These signs were inspected in 1975 and the first sign bore 1971 permit issued to Outdoor Display. The signs each had a value of more than $100. Both signs belonged to Outdoor Display, and neither sign bore a current permit. Boger receives application from Outdoor Display as the outdoor advertising administrator but had not received any application with regard to these two signs prior to the hearing.
Findings Of Fact Mr. Claude R. Finley is the sole owner of Pensacola Outdoor Advertising. He purchased property on April 17, 1984, having a sign structure with four faces located thereon. This sign structure was owned by the Lamar Company. The Department had issued for permits to the Lamar Company for the four faces of this sign. Mr. Finley was aware that this sign was permitted by the Department to Lamar when he purchased this property. Mr. Finley applied for sign permits at this approximate location by application dated April 15, 1984. The Department denied the application because of sign permit numbers AD809-8, A15824-10, A1585-10 and 6821-10 held by the Lamar Company, and because no preliminary approval letter from Escambia County had been obtained. A second application for permits was sent to the Department on June 12, 1984, which was also returned unapproved by letter dated June 18, 1984, because of the existing permits that had been issued to Lamar. Mr. Finley attempted on numerous occasions to work out a lease with Lamar for the subject location, but he was not successful. By letter dated June 12, 1984, Mr. Finley notified the Lamar Company that it had 15 days to remove the sign structure from his property. Mr. Hollis Wood, General Manager of the Lamar Company, responded by letter dated June 22, 1984, that he would remove the sign structure on June 30, and cancel its permit tags after the expiration of its lease for the sign site. Mr. Finley rode by the location on I-10, on June 30th, about 3:00 p.m. He did not stop, but he observed no sign there. He could tell by the bent trees that some work had been done in the area. The previous time Mr. Finley had been by the site, earlier in the week, the sign was standing. By letter dated June 13, 1924, Mr. Finley advised the Department that he was the owner of the property where the Lamar Company held permits, and he advised he was cancelling the permits for signs on his property. By letter dated June 19, 1984, the Department informed the Lamar Company that it had received information that the Lamar Company no longer had the permission of the property owner to maintain the sign at the location where the permits were issued, and that the permits would be invalidated by the Department unless evidence was provided to refute the information, or a hearing requested within 30 days to challenge this cancellation action. Mr. Wood, by letter dated June 29, 1984, requested an administrative hearing. Later Charles W. Lamar III, by letter dated July 20, 1984, withdrew the request for an administrative hearing, advising that the sign structure in question had been removed, and that a cancellation affidavit and the permit tags were being returned to the Department. The first application for sign permits on the south side of I-10, 2.2 miles east of SR 297, for signs facing east and west, submitted by the Petitioner, was denied because of the four existing permits held by the Lamar Company at this location, and because no preliminary approval from Escambia County for erecting billboards that had been obtained. The county's preliminary approval is part of the application process for locations in Escambia County. The Lamar Company's sign permits remained outstanding until after July 1, 1984, when the new spacing requirements of the 1984 amendment to Chapter 479, Florida Statutes, became effective. There are two permitted sign locations approximately 1,000 feet to the east and to the west of the subject site. These permits are held by Bill Salter Outdoor Advertising. The Petitioner's second permit application was denied because the permits held by the Lamar Company were not cancelled until July when the new spacing law became effective requiring 1,500 feet between signs on I-10, resulting in a spacing conflict with the two Bill Slater locations approximately 1,000 feet to the east and west of the proposed site. The Department's procedure for revoking permits allows a party holding a permit to cancel it by submitting an affidavit and returning the tags, stating the reason for cancellation in the affidavit. Until permits are revoked or cancelled by the Department, they remain valid.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is Recommended that the Department of Transportation enter a Final Order finding that the application of Pensacola Outdoor Advertising for sign permits at a location on the south side of I-10, 2.2 miles east of S.R. 297, facing east and west, in Escambia County, Florida, be denied. DONE and ORDERED this 28th day of December, 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 28th day of December, 1984. COPIES FURNISHED: Gerald Holley, Esquire Post Office Box 268 Chipley, Florida 32428 Vernon L. Whittier, Jr., Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064
The Issue Whether Respondent was in violation of Subsection 479.07(1), Florida Statutes, providing for the permitting of outdoor advertising structures.
Findings Of Fact Respondent maintains an outdoor advertising sign adjacent to U.S. Highway 27 in Gadsden County, Florida. The sign is located approximately 1/2 mile South of the city limits of Havana. This sign has not been permitted in the years 1973 or 1974. No current permit tag was affixed to the sign as of May 12, 1975. Respondent has made no application to the Department of Transportation for a current permit.
Findings Of Fact The Respondent, E. A. Hancock Advertising, Inc., erected two double face outdoor advertising signs in June, 1975, in an unincorporated part of Broward County, Florida, without first obtaining a permit from the Petitioner, Florida Department of Transportation. Two of the signs face north and two signs face south. Each sign structure has two faces. After erection the Respondents applied for permits but permits were refused by Petitioner and violation notices dated October 22, 1975, were sent to Respondents indicating that Respondent was in violation of the outdoor advertising laws by erecting signs without permits and erecting "two separate signs erected illegally (which] can be seen from 1-95." After much correspondence between the parties, the matter was set-for hearing November 9, 1976, was thereafter continued and finally heard on July 12, 1977, more than two years after the erection of the signs. The signs were constructed on a county secondary road known as Ravenwood Road, Fort Lauderdale, Florida, and more definitely located as "south from 3497 Ravenwood Road. The road is one lane in each direction and is the type of road usually known as a service road. The billboard signs are elevated to a height of approximately 25 feet from the ground to the top of the sign and sit back about 15 feet from the secondary road. Although the signs can easily be read by travelers on Ravenwood Road, signs designed primarily to serve this two lane road would as a practical matter have been much smaller and much closer to the ground and the message would have had smaller letters. The signs are a "visual overkill" for travelers on Ravenwood Road. See "Petitioner's Composite Exhibit 1" and the Polaroid pictures taken from Ravenwood Road. The signs are elevated to less than 25 feet above 1-95. One sign is about 190 feet from the south lane of the interstate highway and the other about 191 feet from the south lane of the highway. Both signs are on the west side of the interstate highway. The two sign structures are approximately 300 feet apart. One sign is approximately 500 feet from an existing sign and the other is approximately 850 feet from an existing sign. The large size lettering on the large signs are clearly visible to the motoring public on interstate highway 1-95. Three of the four signs are visible and can easily be read by motorists going either north or south on the interstate highway. Evidence is unclear as to whether one side of one of the double space signs is clearly visible from the interstate highway. Copy on the signs is changed from time to time, but at the time the pictures entered into evidence were taken from the interstate highway, copy read, "WHITEHALL PRESTIGE LIQUORS A GREAT VODKA" and "HOLSUM Baked just right for you." The advertising is large and can be read in the Polaroid snapshots that were taken by Petitioner while on the interstate highway and entered in the record as "Petitioner's Composite Exhibit 1." Application for sign permits was made June 16, 1975 to the Broward County Planning, Building and Zoning Department. Permits were issued by the county and were affixed to the signs. The Hearing Officer further finds: The subject signs were constructed primarily to be read by the public traveling on the interstate highway. The size of the signs, the size of the lettering, the elevation of the signs and the angle of the signs provide insurance that messages can be easily read by those traveling on the interstate. The traffic on the interstate is much heavier than traffic on Ravenwood Road. The Petitioner contends that the Respondent is in violation of outdoor advertising laws: No permit was applied for or granted before the outdoor advertising signs were constructed by Respondent. The signs were constructed primarily to be read by the public traveling on 1-95, an interstate highway. The setback of tho Respondent's signs is less than 660 feet from the interstate highway. The signs should be removed as violating the state statutes as well as the federal code laws, rules and regulations contained in the "Highway Beautification Act." Broward County has not submitted to the administrator of the state evidence that it has established effective control with regard to size, spacing, height and lighting requirements contrary to the agreement of the Governor authorized by Section 479.02. Broward County does not enforce any outdoor advertising requirements even if it could be shown the zoning was in compliance with Title 1 of the Highway Beautification Act of 1965 and Title 23, U.S. Code as required by Section 479.02 and the agreement executed pursuant thereto. Respondent contends that: It secured permits from Broward County and attached them to the subject signs. Broward County had zoned the area M-3 and that it is a commercial zone. The signs were erected primarily to be read by the public traveling on Ravenwood Road. There are no spacing requirements of a thousand feet between advertising signs under the Florida law and that even if there were they had not been formerly charged with violating spacing requirements. Public Law 89-285, passed by the 89th Congress of the United States on October 22, 1965, allowed the states and the federal government to agree to set-back for signs nearer than 660 feet of the nearest edge of the right of way in areas zomed industrial or commercial. The agreement between the Governor and the federal government made provisions for local governments to regulate size, lighting and spacing requirements. That in fact the ratification of the Governor's Agreenent under Section 479.02 is not the enactment of a law. The Petitioner has in fact issued permits to others after signs have been constructed and should issue a permit for subject signs to Respondent. At the subject hearing the attorneys for both parties indicated that they desired to submit a Memorandum of Law but neither party submitted a memorandum.
Recommendation Require the Respondent to remove its signs within thirty (30) days from the date of the Final Order. Invoke the penalties of Section 479.18 for violation of Chapter 479. The Department of Transportation has ample enforcement power to remove the signs under Section 479.02 aside from the agreement: Brazil v. Division of Administration, 347 So.2d 755. See also Section 335.13 which states in part: "(1) No person shall erect any billboard or advertisement adjacent to the right-of-way of the state highway system, outside the corporate limits of any city or town, except as provided for in chapter 479." DONE and ORDERED this 5th 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 Robert D. Korner, Esquire 4790 Tamiami Trail W. 8th Street Coral Gables, Florida 33134
Findings Of Fact Violation notices for two signs owned by Petitioner were issued and were the subject of this hearing. Subsequent to the taking of the testimony but prior to the close of the record, the Respondent, Florida Department of Transportation, withdrew its complaint against Petitioner, Peterson Outdoor Advertising, on one of the signs, to wit: Board No. 92 located 4.4 miles north of State Road 404, Highway A1A, n/b with copy "Bank Services" for which a violation notice was issued the 14th day of March, 1977. The violation notice issued against Peterson Outdoor Advertising Corporation on Board No. 3297 located at 1.07 miles south of State Road 520 on Highway 1-95, M.P. 37.10 with copy "Seaworld" is the subject of this hearing. The violation notice cited Petitioner for violation of Section 479.07(1), no permit. Petitioner had a sign located in the approximate location of the sign now cited in violation. The sign was badly damaged by what was apparently an act of God, a windstorm. Most of the sign was destroyed as shown by Petitioner's Exhibit 1, a photograph taken in January of 1977. The sign had been constructed with six inch by eight inch beans and a plywood face. The height of the sign was approximately six feet. There were Peterson identifiers on part of the structure that was left standing. A new structure was erected at the approximate same location. Round poles for the supporting structure were erected. The new sign of new materials was built and the elevation of the new sign is approximately twenty feet in height. The State's Exhibits 2 and 3, photos taken on February 4, 1977, show the new structure, Exhibit 2 showing new round poles and the State's Exhibit 3 showing a sign approximately twenty feet in height advertising "Florida's Best Entertainment Value SEAWORLD. On 4 Between Orlando & Walt Disney World" as copy. The State's Exhibit 1 shows the remains of the old sign in the approximate location. The new sign, which is the sign of this hearing, carries the same permit nunber that the prior destroyed sign carried on one of the posts of the structure. The Respondent, Department of Transportation, contends: that no permit was applied for or obtained for the subject sign; that the old sign in the approximate same location was destroyed by an act of God and a new sign was rebuilt in the approximate location without a permit; that the old sign was erected with square poles and to a height of about six feet whereas the new sign was erected with round poles and with a height of approximately 20 feet; that the permit displayed on the new sign is the permit that had been issued to the old destroyed sign and when the sign was blown down the permit expired and should not have been placed on the new sign by the Petitioner, Peterson Outdoor Advertising. Petitioner, Peterson Outdoor Advertising, contends: that no one saw the old sign fall and it is a mere conclusion that it blew down; that it has a permit on it. The Proposed Recommended Order of Petitioner has been considered in the preparation of this Order.
Recommendation Remove the sign, Board No. 32-97. DONE and ORDERED this day of July, 19'77, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 503 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of July, 1977. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire 115 East Morse Boulevard Post Office Box 539 Winter Park, Florida 32790
