Findings Of Fact Linda Duvon, an outdoor advertising inspector, identified as Petitioner's Exhibit 1 a photograph of the signs which were the subject of the Notice of Violation. Ms. Duvon inspected these signs, and they appeared to be in the right-of-way owned by the State of Florida. She inquired of Mr. Jim Chaplin if he owned these signs, and he claimed ownership of the signs. Harvey Walker, a surveyor for the Department of Transportation, testified that he surveyed the subject signs, having identified them by reference to the photograph, Exhibit 1, and determined that the signs were 38 feet within the State-owned right-of-way and 61 feet from the center line of U.S. 1, a State-maintained highway.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law above, the Hearing Officer recommends that the agency head give the Respondent 90 days to remove said sign and at the end of which time, if said sign has not been removed, directs its removal pursuant to Section 479.17, Florida Statutes, by Department of Transportation personnel. DONE and ORDERED this 1st 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: Charles Gardner, Esquire Richard C. Hurst, Administrator Department of Transportation Outdoor Advertising Section Haydon Burns Building Department of Transportation Tallahassee, Florida 32301 Haydon Burns Building Tallahassee, Florida 32301 Mr. James F. Chaplin c/o Chaplin Real Estate 5190 Overseas Highway Marathon, Florida 33050
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 State Road 12 in the vicinity of the junction of State Road 157. The sign was not permitted in the years 1972, 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 to obtain a current permit.
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.
The Issue Based upon the Stipulation and the evidence received, the issue to be determined is whether Bill Salter has the written permission of the land owner to erect the proposed advertising signs.
Findings Of Fact Bill Salter filed an application for the erection of outdoor advertising signs, Exhibit 1, with the Department of Transportation. This application included a lease agreement and diagram of the proposed signs. Subsequently, the Department of Transportation received a copy of the letter addressed to Ronald Lashley of Bill Salter Advertising from W. L. Whisenhant and Luverne Whisenhant, the owners of the property upon which the proposed signs were to be located, cancelling the lease for the erection of the signs. Based upon this information, the Department of Transportation denied the application of Bill Salter. At the hearing a letter dated October 12, 1979, was introduced, which is a grant of permission to Bill Salter Advertising to erect an outdoor advertising sign at the location specified in the original application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the application be granted. DONE and ORDERED this 1st day of November, 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: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 Mr. Bill Salter Bill Salter Advertising Company Post Office Box 422 Milton, Florida 32570
The Issue This case arose upon the filing of a complaint against Dick Signs by J. H. Hobson, Outdoor Advertising Agent, Department of Transportation Right of Way Bureau. The case was thereafter referred to the Division of Administrative Hearings by the Department of Transportation for hearing to determine whether Dick Signs was in violation of Section 497.07, Florida Statutes, by erecting, using or maintaining advertising structures without acquiring and affixing to said structures the permits required by law. Counsel for the Department of Transportation moved for additional time to submit evidence of notice of the hearing and was granted leave to file with the Hearing Officer said notice not later than October 28, 1975. Having examined the notice, the Hearing Officer finds that notice was given in the manner and within the time prescribed by Chapters 120 and 79, Florida Statutes. James H. Hobson was called and his sworn testimony was received regarding the six signs charged to be in violation of Chapter 479, Florida Statutes, in the Administrative Complaint. Based upon his testimony the Hearing Officer makes the following findings:
Findings Of Fact The first sign referenced in the charges was located on S.R. 775 and ALT 45, 2.75 miles south of its junction with U.S. 41. It was inspected by the witness Hobson on June 18, 1975. This sign was 24' x 10', bore a 1972 permit with number 2485-6-72 issued to Dick Signs, bore a plague indicating it was owned by Dick Signs, and had an advertisement for First Federal on the date of inspection. The annual licensing fee is $6, and has not been paid for the years 1973, 1974 and 1975. The second sign referenced in the charges was located on S.R. 775 and ALT 45, 2.31 miles south of its junction with U.S. 41. This sign was inspected by the witness Hobson on June 18, 1975. This sign was 10'x 40' and was double faced, presenting advertising copy on two directions which could be seen from the highway. It bore a 1969 permit, number 4282-10-69 issued to Dick Signs and bore a plague indicating it was opened by Dick Signs on the date of inspection. The annual fee for said double faced sign is $20, and this fee has not been paid for 1970, 1971, 1972, 1973, 1974, and 1975. The third sign referenced in the charges was located on S.R. 775 and ALT 45, 2.59 miles south of its junction with U.S. 41. It was inspected by the witness Hobson on June 18, 1975. This sign was 10' x 40', bore a 1972 permit number 4195-10-72 issued to Dick Signs and bore a plague indicating it was owned by Dick Signs on the date it was inspected. The annual fee for this sign is $10, and this fee had not been paid for the years 1973, 1974, and 1975. The fourth sign referenced in the charges was located on S.R. 775 and ALT 45, 1.10 miles south of its junction with U.S. 41. It was inspected by the witness Hobson on June 18, 1975. This sign was 10' x 24' and bore a plague indicating it was owned by Dick Signs. It did not have any permit. The annual fee for said sign is $6. The fifth sign referenced in the charges is located on S.R. 775 and ALT 45, 1.10 miles south of its junction with U.S. 41. It was personally inspected by the witness Hobson on June 18, 1975. This sign bore a 1972 permit number 2076-4-72 issued to Dick Signs and a plague indicating it was owned by Dick Signs on the date of inspection. The size of this sign requires an annual fee of $6 and had not been paid in 1973, 1974, and 1975. The sixth sign referenced in the charges was located on S.R. 775 and ALT 45, 1.68 miles south of its junction with U.S. 41. It was personally inspected by the witness Hobson on June 18, 1975. On the date of inspection it bore a 1972 permit issued to Dick Signs and a plague indicating it was owned by Dick Signs. The annual fee for this sign is $10 and it had not been paid in 1973, 1974, and 1975. The witness testified that Dick Signs was a licensed outdoor advertiser holding License No. 18233, valid for 1975. The witness further testified that in the course of his duties be would receive any applications for renewal of the permits of the signs identified above, and these applications had not been received prior to the hearing.
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
Findings Of Fact U.S. 1 is a federal-aid primary highway and, in the vicinity of University Boulevard, is a divided highway, with parkway between north-and- southbound lanes. University Boulevard (SR 109) is not a federal-aid primary highway. Petitioner holds a lease on the property on which the proposed sign is to be erected and, in fact, already has a structure on this site and a permit for a north-facing sign on this structure. The proposed sign meets all DOT requirements except spacing. The structure on which the proposed sign is to be displayed is located on the east side of U.S. 1, 125 feet north of the intersection with University Boulevard. Lamar Dean Outdoor Advertising Company was issued a permit for a 14 by 48 foot sign along the east side of University Boulevard, 150 feet south of the intersection with U.S. 1. This sign faces west. That application for permit (Exhibit 8) shows the type highway to be U.S. 1, a federal-aid primary highway. A sign located on University Boulevard in Jacksonville which was not visible from a federal-aid primary highway would not require a DOT permit. This Lamar structure, which carries a Jack Bush-Toyota South copy, can easily be seen by persons in vehicles travelling on U.S. 1 and it is on the same side of U.S. 1 and within 500 feet of Petitioner's proposed sign. The Department of Transportation's (DOT) inspectors maintain inventories of all permitted signs. The criteria used by all DOT sign inspectors is to log any sign that can be seen and read from the primary highway. Actually, the Jack Bush sign can be seen by both north-and-southbound traffic on U.S. 1 when in the vicinity of University Boulevard but the northbound traffic passes closer to the sign. It is therefore carried by DOT as a south-facing sign.
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
