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
The Issue Whether the outdoor advertising sign of Respondent should be removed for lack of an outdoor advertising permit and for being erected without a permit within the prohibited distance of an interstate highway.
Findings Of Fact A violation notice and Notice to Show Cause dated August 3, 1978, was served upon the Respondent charging him with violation of Chapter 479, Florida Statutes, Sections 335.13 and 339.301, Florida Statutes, and Rules 14-10.04 and 14-10.05, Florida Administrative Code. The sign in question carries the copy "Arrowhead Campsites" and is located 0.5 mile west of U.S. Highway 231 on Interstate Highway 10. An administrative hearing was requested on the charges. A billboard advertising Arrowhead Campsites has been erected within the past three years in Jackson County, Florida, about one-half mile west of U.S. 231 on the south side of Interstate 10. The sign is approximately fifteen (15) feet south of a fence located within the right-of-way of Interstate 10. The outdoor advertising is approximately one hundred (100) feet from the edge of the interstate highway and is clearly visible to the public traveling on the interstate. It obviously was erected to advertise the campsites to those traveling on the federal highway. The sign is located on private property in a rural area along the interstate highway. No outdoor advertising permit is attached to the subject sign, and no application has been made to the Florida Department of Transportation for a permit for subject sign. It was stipulated that the Respondent, Bill Reddick, is the husband of the owner of Arrowhead Campsites, and that Mr. Reddick accepted service of the notice and the notice has not been questioned.
Recommendation Remove the subject sign without compensation therefor and assess penalties as provided in Section 479.18, Florida Statutes. DONE and ORDERED this 9th day of April, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of April, 1979. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James P. Appleman, Esquire 206 Market Street Post Office Box 355 Marianna, Florida 32446 Richard C. Hurst, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Findings Of Fact The Respondent, Bill Salter Outdoor Advertising, Inc., was issued permits numbered AI625-10 and AI626-10 on or about February 15, 1983. These permits were for the erection of signs on the north side of I-10, approximately .65 mile west of SR 297, in Escambia County, Florida. They were issued because of the proximity of a welding business noted on a sketch attached to the applications submitted by the Respondent. 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 a welding business to be within 800 feet of the proposed sign location. On each of these applications the Respondent certified that the signs 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 what was believed to be a welding shop nearby the proposed sign location. This inspector was looking for a welding shop because one was indicated to be there by the sketch attached to the applications. What she saw was some welding being done on the property where the welding business was shown on the sketch to be. This could be seen from the interstate. Apparently because the inspector expected to find a welding 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. However, the occupant of the subject property has lived there all his life, and has never operated a welding business. He has only done welding on this site once, when he welded a bumper onto a truck. This took ten to fifteen minutes to complete. The photographs which were received in evidence show his property, and the area depicted was substantially the same in 1983 as when the photos were taken. The general appearance of this area is residential or rural in nature, and not commercial. It is visible to traffic on I-10. The adjacent property is leased by Pensacola Outdoor Advertising. This property has a building on it which bears a small sign reading "Pensacola Outdoor Adv." and the telephone number. This building was leased by Pensacola Outdoor Advertising in February of 1984, and was not used for any business purpose when the permit applications were submitted. This property is also visible from I-10. However, when the Respondent applied for the subject permits there was no business activity being conducted within 800 feet of the proposed sign location. Therefore, the Department's inspector made a mistake in approving the Respondent's applications for this site. In May of 1984 the Department issued its violation letter advising the Respondent that the subject sign permits were being revoked.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AI625-10 and AI626-10 held by the Respondent, Bill Salter Outdoor Advertising, Inc,, authorizing signs on the north side of I-10, approximately .65 mile west 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 32301 (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. 85-4175T Petitioner's Proposed Findings of Fact: Accepted. Accepted. Accepted. Respondent's Proposed Findings of Fact: Accepted Rejected. Accepted. Rejected, as contrary to the weight of the evidence. Rejected, as contrary to the weight of the evidence, except for the grant of field approval of the permits which is accepted. Accepted, except for cost of erection of the sign which is rejected as irrelevant. Rejected, as irrelevant. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Accepted. COPIES FURNISHED: Charles G. Gardner, Esquire Hayden Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire P. O. Box 12308 Pensacola, Florida 32581 Honorable Thomas E. Drawdy Secretary Department of Transportation Hayden Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact Respondent maintains an outdoor advertising structure on the I-95 southbound lane facing north, 13.94 miles north of the Brevard-Volusia County line. Sometime between August 6, 1975 and January 12, 1976, the face of this advertising structure was raised six to eight feet in height. This was done by extensions being placed on the original poles upon which the structure sits. The structure retained its same face size and lighting. The face of this structure was raised at the request of Respondent's client in order to retain that client's business. No evidence was presented to show when this sign was originally erected. No evidence was presented by Petitioner, Department of Transportation, which would establish that the subject sign is or is not located at a "commercial or industrial zone" or an "unzoned commercial or industrial area" as those terms are defined in Section 479.01, Florida Statutes. The subject sign is located approximately 15 feet outside the right-of-way of I-95.
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
Findings Of Fact On or about August 16, 1982, the Respondent, Bill Salter Outdoor Advertising, Inc., filed applications for two permits to erect an outdoor advertising sign in Escambia County, Florida on the west side of I-110, .95 mile north of SR 296. This sign would have one face for northbound traffic and one face for southbound traffic, and would be located outside the city limits of Pensacola. These applications were field inspected by the Department's outdoor advertising inspector, and they were approved by the Department's district supervisor in Chipley. On or about September 20, 1982, the Department issued permits for the requested location to the Respondent. On these applications the Respondent designated that the proposed sign location was in an unzoned commercial area within 800 feet of a business. These applications also certified that the sign to be erected would meet all of the requirements of Chapter 479, Florida Statutes. A sketch attached to the applications showed that the proposed sign location would be adjacent to a business that was designated as Coleman Roofing. When the field inspector visited the site she was aware that an antique business was supposed to be located in the area because it was designated on another outdoor advertising company's application as a business that qualified another sign location as unzoned commercial. This inspector found Hazel's Antiques because there was a sign which said "antiques" and a nearby shed which was visible from the interstate. In continuing to look for Coleman Roofing, she walked up the embankment between I-110 and the subject location until she could see what she determined to be some roofing material stored at one end of the property. She approved the Respondent's applications more on the proximity of the antique business than on the basis of Coleman Roofing. The owner of the property where the antique business was supposed to be is not in the antique business and has never conducted any business activities from this property. She lives there in a mobile home, and no one else has ever been in business on her property. Another outdoor advertising company obtained her permission to place a sign on her property saying "antiques", and there are some antiques in her mother's home, but these are not for sale. A representative from this sign company also took out a county occupational license in the name of this property owner, but she did not apply for this license. The shed seen by the Department's inspector is used for cookouts, and while there is some old furniture outside, it is junk waiting to be carried away. The owner of the property where Coleman Roofing was supposed to be is a self-employed roofer operating out of a trailer in which he lives. He has also worked from his home as a carpenter. He has no business telephone in his home, only a residential listing, and he only does bookkeeping from the dining room of his home. Outside there is a shed where he has kept his boat and an outbuilding with junk and old furniture in it. When he is working on roofing jobs he orders roofing material delivered to the job site. His property is in a residential area, and any leftover roofing material that may be there is awaiting a trip to the dump. As viewed from I-110, there is no indication that any commercial activity is being conducted at the subject location. The nature of the area within 660 feet of the interstate right of-way and within 800 feet of the Respondent's sign is residential. Sometime prior to November of 1984, the site was inspected by the Department's 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 signs. As a result, the Department issued its notice 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 permit numbers AH820-10 and AH821-10, held by the Respondent, Bill Salter Outdoor Advertising, Inc., authorizing a sign on the west side of I-110, .95 mile north of SR 295, in Escambia County, Florida, be revoked, and the subject sign removed. THIS RECOMMENDED ORDER entered this 12th day of September, 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 12th day of September, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire P. O. Box 12308 Pensacola, Florida 32581 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact Based upon the testimony adduced at the hearing, the documentary evidence received, and the entire record compiled herein, and after consideration of the parties' memoranda, the following relevant facts are found. 1/ At the commencement of the hearing, the parties stipulated that the Respondent is the owner of three outdoor advertising signs located in the City of Jacksonville, Florida; that I-95 is part of the Interstate highway system; that the signs are located within the prohibited distances sat forth in Chapter 479.11, Florida Statutes, and that the signs are constructed to be seen from the main-traveled way of the interstate highway. It appears that the poles and stringers were erected some weeks prior to the December 8, 1971 moratorium for sign construction adjacent to certain roadways, and that a face was added to the signs during the Spring of 1972. The signs are located approximately 3.07 miles North of Pecan Park Road; 2.29 miles North of Pecan Park Road; and 1.02 miles North of Pecan Park Road, adjacent to Interstate Highway 95. (By stipulation of the parties, and testimony of Jack L. Foster, outdoor inspector for Petitioner.) Inspector Foster, as part of his official duties, inspected and first became aware of the poles for the signs in question within a few weeks following the December 8, 1971 moratorium. At that time, at least one of the signs had only three poles erected, and the remaining two had the required six poles in place. Periodic visits to the bite of the stringers by Inspector Foster revealed that on July 13, 1972, two advertising faces had been placed on the signs located at 1.02 and 3.07 miles North of Pecan Park Road. A subsequent visit during the following week, i.e., on July 18, 1972, revealed that the remaining advertising display had been placed on the remaining sign. Based on Inspector Foster's examination of the zoning and building requirements for the City of Jacksonville, he observed that the subject signs could not be permitted because they failed to satisfy the city's zoning requirements. (Petitioner's Exhibits A, B, C, and D which were received into evidence over objection of Respondent's counsel.) At the conclusion of Petitioner's case, Respondent, through its counsel, moved for a dismissal on the ground that the Division of Administrative Hearings lacked jurisdiction over such matters inasmuch as the Division lacked authority, pursuant to Chapter 479.24(2), Florida Statutes, to order removal of the signs in question from real property under Florida's eminent domain law. 2/
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the Petitioner enter a final order authorizing it to remove the signs in question. Upon removal of the signs, it is further RECOMMENDED that Petitioner remit to Respondent, compensation to the extent of the materials used for construction of the signs in keeping with the State's eminent domain Procedures set forth in Chapters 73 and 74, Florida Statutes. RECOMMENDED this 25th day of September, 1981, in Tallahassee, Florida. JAMES E. BRADWELL 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 September, 1981.
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 On September 1, 1981, the Department received in its district office in Chipley, Florida, the Respondent's application for a permit to erect an outdoor advertising sign adjacent to I-10, approximately 1.62 miles east of SR 69S in Jackson County, Florida. This permit application stated that the location requested was in a commercial or industrial area within 800 feet of a business. The Department's outdoor advertising inspector visited the site after having reviewed the Respondent's application and being told by Harry Fuqua that he would find a business called Branch's Garage there. He found a house with a tin farm-type building like a barn in the back. Inside this tin barn were some tools and welding equipment. There was a sign on the door stating the business hours, and another sign on the side of this tin building stating the name Branch's Garage. None of this was visible from I-10, however; all that could be seen from the interstate was the roof of the residence and part of the tin barn; there was no indication to traffic on the interstate that any commercial activity was being conducted at this location. The inspector's supervisor and the Department's Right-of-Way Administrator both visited the site prior to approval of the subject permit. The supervisor had also been told that he would find a business known as Branch's Garage there, and he was looking for it. At the site he observed what appeared to be a garage and some work being done. This could not be seen from I-10, and from the interstate he could not see anything that would indicate to traffic that a garage was at this location. The Respondent's representative, Harry Fuqua, admits that no business activity was visible from I-10, and that there was nothing to indicate to traffic on the interstate that any commercial activity was being conducted at this location. The site where Branch's Garage is located cannot be reached from I-10 directly. It would have to be approached from one of the side roads after traffic had exited the interstate. Based upon his inspection of the site, coupled with the Respondent's representation that a business called Branch's Garage existed there, the inspector approved the Respondent's application for a sign permit. Thereafter, both the supervisor and the Right-of-Way Administrator also approved the application. The permit was issued on or about September 8, 1981, because of the proximity of the proposed site to the nearby business known as Branch's Garage which had been observed by the inspector, his supervisor, and the Right- of-Way Administrator. Subsequently, after the permit had been issued, the Respondent erected its sign which is the subject of this proceeding. In late 1984 and early 1985 there was no business activity at the subject site and there continues to be nothing there to indicate to traffic on the interstate that any commercial activity exists at this location. The Respondent through its agent Harry Fuqua, submitted the application for the subject permit, and designated thereon that the proposed location was in an unzoned commercial area within 800 feet of a business. This application also certified that the sign to be erected met all of the requirements of Chapter 479, Florida Statutes.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit number AF191-10 held by Fuqua & Davis, Inc., be revoked, and the sign which was erected pursuant to this permit be removed. THIS RECOMMENDED ORDER entered this 11th day of July, 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 11th day of July, 1985. COPIES FURNISHED: Maxine C. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 James J. Richardson, Esquire P. O. Box 12669 Tallahassee, Florida 32317-2669 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue At issue herein is whether or not the Petitioner is entitled to an order, requiring the removal of two signs involved herein which are owned by Respondent, pursuant to the Highway Beautification Act or Chapter 479, Florida Statutes, and if so, whether or not the Respondent is entitled to compensation from Petitioner for the value of such signs.
Findings Of Fact Based upon the testimony adduced at the hearing, the documentary evidence received, and the entire record compiled herein, the following relevant facts are found. At the commencement of the hearing, the parties stipulated that the Respondent, National Advertising Company, is the owner of certain outdoor advertising signs located in the City of Jacksonville, Florida. The parties also stipulated that Interstate 95 is part of the interstate highway system; that the two signs in question can be seen from Interstate 95 and the signs are located within 660 feet of the road's right-of-way. The parties also stipulated that only the poles which are used to erect the signs were in place prior to midnight on December 8, 1971. It appears that the poles were erected sometime during 1968, and that faces were added to the poles during the spring of 1972. The signs are located at .43 miles North of Pecan Park Road and .73 miles North of Pecan Park Road, respectively, adjacent to Interstate percent Highway 95. The Petitioner, Florida Department of Transportation, takes the position that since the faces were not on the signs prior to midnight on December 8, 1981, pursuant to Chapter 479, Florida Statutes, it is entitled to the entry of an order requiring removal of the signs by Respondent without any compensation for the signs whatsoever. Respondent, through counsel, moved that the hearing be dismissed on the ground that the Division of Administrative Hearings lacked jurisdiction to hear such matters, in that the signs may be removed only by proceeding under Florida's eminent domain law. 2/ It is undisputed that the signs involved are located within prohibited distances as provided in Chapter; 479.11, Florida Statutes. They are, therefore, a nonconforming structure as provided for within the terms of Chapter 479, Florida Statutes. In view of the stipulated facts, the structures involved herein do not constitute signs within the meaning of Chapter 479, Florida Statutes, since prior to midnight on December 8, 1971, all that existed of those structures were poles. See A. W. Lee, Jr. v. Reubin O'D. Askew, Case No.2-1798 (2nd DCA, 1979). Within the next year, however, Respondent erected advertising displays which had informative contents that were visible from the main traveled way. At that point, the structures herein became nonconforming outdoor advertising signs and were thereafter required to comply with pertinent State law in effect on that date.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Petitioner, upon removal of the signs, remit to the Respondent compensation in the amount of the actual replacement value of the materials used in the signs. It is further recommended that compensation be made pursuant to the State's eminent domain procedures. 3/ RECOMMENDED this, 25th day of September, 1981, in Tallahassee, Florida. JAMES E. BRADWELL, 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 25th day of September, 1981.
