The Issue Whether the Respondent is in violation of Sections 479.07(1) and 479.11(1) and (2), Florida Statutes.
Findings Of Fact Fred C. Glass, Outdoor Advertising Inspector, testified that he had inspected an outdoor advertising sign located on State Road 8 (I-10) 3.48 miles south of State Road 53 which was not located within a municipality. Said sign was located 31 feet from the right of way of I-10. His inspection revealed that said sign did not have a permit tag affixed. Located near the sign was a small building without windows and a gas pump. There was no one present on the site when inspected. The building and pump wore locked up. Glass testified that the pump and building did not look as if it had ever been used. Glass identified Composite Exhibit 1, as polaroid pictures he had taken on October 3, 1975 at 3:00 p.m. and they were received into evidence. From his duties Glass would have been aware of any application received for such a sign, and he stated he had never received an application. Glass said he had not talked with Davis about the sign, but concluded it was Davis' sign from the nature of the sign's advertisement, and the fact that the J. B. Davis' service station was located at the next exit. J. B. Davis testified that the sign was not his but was located on the site of a service station belonging to L. H. Thurman, Route 2, Lee, Florida. J. B. Davis identified Exhibit 2A as a copy of Thurman's Sales Tax Certificate and Exhibit 2B as Thurman's gasoline Dealers License which David had obtained from Thurman. Davis testified that as the gasoline distributor for the counties in the area he supplied gasoline to Thurman who operated the station. He supplied a couple of hundred gallons to Thurman per month. The property where the station is located is leased by Thurman from a Mr. Woods. Davis further testified that one would take the "next exit" to go to Thurman's station.
Recommendation Having failed to show J. B. Davis' ownership of the sign, the Hearing Officer recommends the charges be dismissed. DONE and ORDERED this 10th day of February, 1976. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Jay Hendrickson, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 J. B. Davis, President J. B. Davis, Inc. Base and Duval Street Madison, Florida 32340
The Issue Whether the sign of Petitioner, White Advertising International, should be removed by the Respondent, Department of Transportation, for violation of Section 479.07(1) and Section 479.11(2), Florida Statutes, and the rules and regulations promulgated thereunder.
Findings Of Fact A notice of violation was sent by the Respondent, Department of Transportation, to the Petitioner, White Advertising International, on March 21, 1977, citing an outdoor advertising sign owned by the Petitioner located 1.97 miles west of U.S. #1, State Road 50 E/B with copy "Real Estate Service." The violation noted that the sign violated Section 479.071(1), Florida Statutes, and Rule 14ER77-09 (now Rule 14-10.04) and Section 479.11(2), Florida Statutes, and Rule 14ER77-10, 11 (now Rule 14-10.05 and 14-10.06). There is no dispute as to the location or copy or ownership of the subject sign. It is not in a zoned business, commercial or industrial area and is outside an urban area. The sign does not conform to the current setback requirements. The sign has a permit tag dated 1971, the only permit tag on the sign. No application was alleged to have been made for permit or annual fee paid or offered subsequent to 1971 until the application noted in 4, infra. A sign permit application and annual renewal was processed by White Advertising International dated January 21, 1977. The application was an annual renewal for the year of "19 72-1976." The printed application form stated that, "The signs listed above meet all requirements of Chapter 479, Florida Statutes. Respondent, by its outdoor advertising section administrator, refused to grant the permit on the grounds that the sign which had been erected prior to the enactment of the current setback regulations and probably in the year 1967 had had no application for permit or annual fee paid since 1971 and therefore having become an illegal sign, no permit could be issued. The Petitioner sign company introduced into evidence a letter dated February 28, 1977, from Respondent, Department of Transportation, through its property management administrator which indicated that the State had previously contended the subject sign was built on an unplatted street and had to be removed without compensation but that it was discovered such was not the case and that the State then offered to reimburse Petitioner for relocation costs. Petitioner did not remove the sign and the letter states that the current position of the Respondent State is: That the sign is on the right of way, contrary to Section 339.301, Florida Statutes; Has no current permit; contrary to Section 479.07(1), F.S. Violates Section 479.13, Florida Statutes, as having been constructed, erected, operated, used and maintained without the written permission of the owner or other person in lawful possession or control of the property on which the sign is located; and The sign therefore is an illegal sign and must be removed by Petitioner without compensation. Respondent contends: that the sign is illegal, having failed to be permitted since the year 1971; that it has one pole of the sign pole on the right of way contrary to Section 339.301; that it has no lease contract as required by Section 479.13; that Respondent has no authority to renew delinquent permits; that once a sign becomes illegal a new permit cannot reinstate its nonconforming status. Petitioner, White Advertising International, contends: that it should be granted a permit inasmuch as permits for some signs had been granted by the Respondent although the annual permit fee was not timely made.
Recommendation Remove subject sign if the same has not been removed within thirty (30) days from the date of the Final Order. DONE and ORDERED this 6th day of July, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire White Advertising International Post Office Box 626 Titusville, Florida
Findings Of Fact Lamar Advertising Company was issued permits numbered AH998-10 and AH999-10 on or about October 11, 1982. These permits were for the erection of a sign on the north side of I-10 approximately 1.78 miles west of U.S. 29 in Escambia County, Florida. They were issued because of the existence of an auto paint and body shop within 800 feet of the proposed sign location. When Lamar Advertising Company submitted the applications for the subject permits it designated thereon that the proposed location was within 800 feet of a business. These applications also certified that the signs to be erected would meet all of the requirements of Chapter 479, Florida Statutes. In February of 1984, Lamar Advertising Company was advised that the subject permits were being revoked because of the absence of any visible commercial activity at the permitted location. Subsequently, Lamar Advertising Company requested an administrative hearing pursuant to this notice. Effective on June 30, 1984, Lamar Advertising Company assigned the subject permits to the Respondent. By letter dated September 25, 1984, the Department advised Lamar that the subject permits had been transferred to the Respondent subject to pending litigation. Prior to the issuance of the subject permits to Lamar Advertising Company, the site was inspected by the Department's outdoor advertising inspector, who is presently employed by the Respondent. Before this field inspection the inspector had been informed that a paint and body shop was located in the area, and this business was shown on a sketch submitted with the Lamar applications. When the inspector viewed the site from the interstate, she observed an area where several cars were parked and also saw someone working on a car. She measured the distance from the area where the parked cars were, to the proposed sign site, with her car odometer. No other measurements were made at this time. The inspector made no inquiry of anyone at this location regarding whether or not an automobile paint and body business was actually being conducted there. Nevertheless, she approved the subject permit applications based upon the existence of such a business. Willie James Pritchett who resides at the site of the subject automotive business, is employed by Pensacola Paint & Body, but he does conduct a business known as "Willie's Paint and Body" at this location. Mr. Pritchett's business is such that he works on cars in the back yard of his residence a couple of hours in the evening after work and on the weekends. A detached three stall garage is located behind Mr. Pritchett's residence. The business does not have a telephone listing separate from the residence, and all bookkeeping is conducted at the Pritchett home. Before the Department's inspector became employed by the Respondent, she arranged with Mr. Pritchett for the erection of a small on-premise sign, visible from I-10, advertising Willie's Paint and Body Shop. The phone number listed on this sign is the number of the Pritchett residence. The sign was furnished to Mr. Pritchett by the Respondent, and was erected around the first of February, 1985. If one were looking at the right spot, the Pritchett property is visible from I-10, but is almost completely obstructed by trees. The immediate area is residential in nature. There is nothing about the Pritchett property that would indicate to a traveler on I-10 that anything other than a residence is located at this site, even if the traveler were to see the entire property from the interstate. Mr. Pritchett produced occupational licenses for the periods October, 1977 - September, 1980, and October, 1983 through September, 1985. He testified that "the times I didn't have the license I wasn't in business". Consequently, in the month of October, 1982, when the subject permits were issued, Mr. Pritchett was not conducting an automotive paint and body business. The Department's present outdoor advertising inspector made several measurements at this location with the standard roller tape used by the State. The distance as measured along the pavement of I-10 from the location of Willie's Paint and Body Shop to the closest point at which the Respondent could locate its sign is either 890 feet or 920 feet or 940 feet, depending on how the distance is measured. The Respondent contends that the distance is 781 feet, but the measurements made by the Department's present inspector are accorded the greater weight because of the verification procedures utilized by him.
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 Whether the signs of Respondent, Cannon Motel, should be removed for violation of Chapter 499, Florida Statutes, improper setback and no permit to erect the signs.
Findings Of Fact Cannon Motels, Inc. was served with a violation notice on October 18, 1976. The alleged violation was that the Cannon Motel signs were in violation of the state statute inasmuch as they had been erected without first obtaining a permit from the Petitioner, Department of Transportation, and they violate the setback requirements of Chapter 479. Petitioner, by certified letter dated November 11, 1976, requested an administrative hearing. Respondent moved to continue the hearing on the grounds of improper venue, lack of jurisdiction and failure by Petitioner to follow the technical rules. The motion was denied for the reason that the venue was proper being in the district in which a permit for an outdoor advertising sign must be obtained; the Hearing Officer has jurisdiction under Chapter 120, Florida Statutes, and the parties were fully advised of the issue to be heard. The subject signs each read "Cannon Motel." One is located one-half mile west of State Road 85 facing Interstate 10 and the other is located 1.3 riles east of State Road 85 facing Interstate 10. The sign east of State Road 85 is 30 by 12 and is approximately 18 feet from the nearest edge of the right of way. The sign that is west of State Read 85 is approximately 38 feet from the nearest edge of the right of way. Both signs were erected within 660 feet of the federal aid primary road without applying for or securing a permit from the Florida Department of Transportation. At some time prior to the hearing but after the erection of the signs, the area in which the sign located west of State Road 85 was erected was annexed by Crescent City, Florida. That area in which the signs are located is unzoned by the city and zoned agriculture by Okaloosa County.
Recommendation Remove the subject signs within ten (10) days of the filing of the Final Order. DONE and ORDERED this 31st 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 James E. Moore, Esquire Moore and Anchors Post Office Box 746 Niceville, Florida 32578
Findings Of Fact In 1974 Tag No. 8670-10 was issued to Peterson Outdoor Advertising for a sign located on US 98 one-half mile north of SR 60 in Bartow, Florida. At the time the permit was issued, Peterson had a sublease to erect the sign from the operator of a garage located on this site who leased the property from the owner. In 1980 Lamar bought out Peterson and acquired its assets including the permit for a sign on the garage property. At this time Peterson held a lease from Garfield Jones to occupy the site with one advertising structure. This lease was for a five year period ending December 31, 1984 (Exhibit 6). The lease contained the usual provisions for cancellation by the parties and for extensions beyond the expiration date. In 1985, the garage tenant surrendered his lease, and the building was modified to operate as a feed store. Lamar's sign was removed to make way for the building modification as provided for by the lease. On July 22, 1986, Quality executed a lease with Milton W. Bryan, Jr. (Exhibit 3) for a site for an advertising sign at premises located at 1710 N. Broadway in Bartow, Florida. This is the site for which both of these Petitioners seek permits. As compensation therefor the lessee agrees to pay $1200 a year upon erection of the sign. Subsequent thereto on August 6, 1986, Lamar obtained a lease from Bryan to erect a sign on this same property. As compensation therefor, Lamar provided Bryan with a sign along U.S. 17 south of Bartow at no cost. Lamar also presented Exhibit 4 which was admitted without objection. This is an affidavit of Bryan that upon removal of Lamar's sign during construction of the Feed Depot building Lamar had right of first refusal to rebuild an outdoor advertising structure. No evidence was submitted that Bryan offered or failed to offer Lamar right of first refusal before he executed the lease to Quality.
The Issue Whether the outdoor advertising structures of the Petitioner, National Advertising Company, are in violation of F.S.A. 479.13 and 479.05.
Findings Of Fact The Petitioner, National Advertising Company, is the owner of two signs located on U.S. Highway 41, east of SR 840A which is known as the Turner River Road. The face on one side bears the copy of "Holiday Inn;" the face on the other side bears the copy of "African Safari." The Petitioner was cited on September 22, 1977, by the Department of Transportation for violation of Chapter 479.13 of the F.S.A. The real property upon which these structures are located was formerly owned by the Collier Company of Naples, Florida, who by letter dated November 17, 1976, notified the Petitioner that it expected to conclude negotiations for sale of its property leased by Petitioner sign company on November 1976 and therefore would not renew any sign space leases beyond their expiration date of December 31, 1976. The leases were not renewed and the structures stand upon the property without authorization from the present owner of the property, the State of Florida, which has leased it to the National Park Service. By letter dated April 14, 1977, the National Park Service, requested the Respondent DOT which has the responsibility to administer and enforce the outdoor advertising law, Chapter 479, F.S., to remove subject signs. As a reason for the request, it cited: Title 23 CRF - Highways, Part 131(h) states that "All public lands or reservations of the United States which are adjacent to any portion of . . . the primary system shall be controlled in accordance with the provisions of this section and the national standards promulgated by the Secretary," and Part 138 Preservation of parklands states: "It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands."
Recommendation Remove the Petitioner's signs. DONE and ORDERED this 4th day of April, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire Post Office Box 539 Winter Park, Florida 32790 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
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
The Issue The issue is whether the Outdoor Advertising Permits AG820-2 and AG821-2 issued to Respondent, Headrick Outdoor Advertising, (Headrick) should be revoked because Headrick no longer has the permission of the property owner to maintain the subject sign at that location. The Department of Transportation (DOT) presented the testimony of Jack Culpepper and Phillip N. Brown, together with four exhibits admitted into evidence. Headrick presented the testimony of James K. Baughman and had one exhibit admitted into evidence. At the conclusion of the proceedings, the parties agreed that their proposed orders would be filed ten (10) days following filing of the transcript. The transcript was filed on April 22, 1982. Both parties have failed to file proposed orders within ten days following filing of the transcript. Accordingly, this Recommended Order is entered without consideration of any proposed findings of fact or conclusions of law proposed by the parties.
Findings Of Fact Headrick Outdoor Advertising is the holder of permits AG820-2 and AG821-2 located on U.S. 29, three miles north of Alternate 90, in Escambia County, Florida. These permits were originally issued to Western Gate Sign Company in 1982. The permits were subsequently purchased by Headrick Outdoor Advertising. On November 20, 1985, DOT received a letter from Frances E. Hampton, the owner of the property on which the signs had been placed, indicating that the lease with Western Gate Sign Company was signed by an unauthorized person and that a subsequent lease dated October, 1984, had been entered into with Franklin Sign Company. Upon receipt of this letter, DOT wrote a letter to Headrick Outdoor Advertising, giving Headrick thirty days to show cause why its permits should not be revoked because they did not have the continuing permission of the owner. In response to that letter, Headrick requested this formal administrative hearing. Headrick did not present any evidence to DOT prior to this proceeding or in this proceeding which established any continuing permission of the owner. Headrick did introduce a document entitled Land Lease Agreement between Frances E. Hampton and Headrick to erect a sign in the subject location. However, this document contained no date and it therefore cannot be determined when the lease was entered into and the time periods covered by the lease. By Mr. Baughman's own admission, Headrick does not currently have permission of the landowner, having released the landowner from all leases during the pendency of this case. The lease agreement which Headrick introduced was admittedly not signed until some time in 1986.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits AG820-2 and AG821-2 be revoked. DONE AND ENTERED this 11th day of May, 1987, in Tallahassee, Florida. DIANE K. KIESLING 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 11th day of May, 1987. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 James K. Baughman, Sr. Headrick Outdoor, Inc. 808 Brainerd Street Pensacola, Florida 32503 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064
