Findings Of Fact The sign which is the subject of this proceeding is an outdoor advertising structure owned by the Respondent, which has been erected on the south side of Interstate 10, approximately 2.5 miles west of State Road 12 in Gadsden County, Florida, between 10 and 25 feet from the right-of-way fence. This sign does not have affixed to it a state sign permit, and none has been applied for. The subject sign has been erected a measured 814 feet from another sign which has been permitted by the Department of Transportation. The location where the subject sign has been erected is an unzoned area Qf Gadsden County. Gadsden County had no zoning at the time when the violation notice was issued.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's sign adjacent to Interstate 10, approximately 2.5 miles west of State Road 12 in Gadsden County, Florida, be removed. THIS RECOMMENDED ORDER entered this 19th day of October, 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 19th day of October, 1984. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 W. A. Woddiam, President Beaver Lake Campground P. O. Box 331 Quincy, Florida 32351
The Issue Whether the signs of Respondent should be removed for violating the spacing requirements of Florida Statutes and State Laws, Rules and Regulations.
Findings Of Fact An application for a permit was filed by the Respondent, Lamar-Citrus Outdoor Advertising, for a location and construction of a billboard sign. The application designated U.S. 41 not within the city limits in the county of Lee. The nearest highway intersection was designated as Bonita Beach Enterance, Highway 865 and 1200 feet North from the intersection. The permit was approved May 13, 1976, and the approval designated the sign location as "Sec 309N 01.32 15R f/s." The direction that the sign would face was checked. The lighted block was not checked. Thereafter a 12 x 25 double-face lighted sign was erected by the Respondent on the West side of United States Highway 41, a four-lane highway. On May 2, 1977, the Petitioner, Department of Transportation, issued an "alleged violation of Chapter 479, Florida Statutes, and Notice to Show Cause." The violation notice stated "Signs were approved in this section, but they were for 309 North, not South." Petitioner requested an administrative hearing. Petitioner contends: he properly constructed his signs pursuant to his application and the permit issued by the Respondent. He contends that the spacing problem is caused by another outdoor advertising sign and not his own. Petitioner further contends that the application forms have been changed to clarify the location of signs since his application was filed and his permit was granted. Respondent contends: that Petitioner failed to locate his sign in the location for which he applied and for which the permit was issued; that because of the failure to properly locate his sign, his sign is in an unpermitted location and is an unpermitted sign; that Petitioner's sign is in violation of the spacing requirements of Section 479.02(2) inasmuch as a properly permitted sign is within 200 feet of Petitioner's sign; that the Petitioner has been applying for and has been granted permits for outdoor advertising along the highways of the State of Florida for at least nine and a half years and that the same method of describing the location for the construction of billboards has been used by the Respondent and has been used by the Petitioner and that it is a logical and practical way to describe a permitted location for a sign along a highway; that it is true that new forms are being used to further clarify the position of signs but that the application form used by the Petitioner when applying for the sign and obtaining a permit for the subject sign is clear on its face and the method of location has been well known to the Petitioner for many years. Upon observing the demeanor of the Petitioner and Respondent and listening to the testimony of the witnesses and argument of counsel, the Hearing Officer further finds 1) the Petitioner knew or should have known that the area in which he was permitted to erect a sign was East of the highway inasmuch as the location and construction form expressly stated that the nearest highway intersection was Number 865 and that the direction from the intersection was North. The permit states Sec. 309 North and indicated the sign faces South. A driver of a vehicle going North from the intersection must be in the right hand two lanes of U.S. 41 and that to proceed 1200 feet a sign would be on the right hand or the East side of the four lane highway. The "modus operandi" for location of signs is statewide and well known to the Petitioner as well as the Respondent. To ascertain a location on the West side opposite the area in which the Respondent approved for Petitioner's sign would have required a vehicle to travel North in the South bound lanes of U.S. 41 in order to drive the distance from the stated intersection to the location. Throughout the state the sections are usually designated on the permits so that they show the direction in which to drive, North, South, East or West. The signs are located on the right side of the highways as the vehicle travels.
Recommendation Require the Petitioner to remove the subject sign or remove it at the expiration of appeal time. DONE and ENTERED this 12th day of January, 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 E. Snow Martin, Esquire Post Office Box 117 Lakeland, Florida 33802
The Issue Whether the subject signs violate the state and federal laws and should be removed; Whether Respondent has violated Section 479.07(1)(4)(6) and Section 479.11(1), Florida Statutes.
Findings Of Fact By letter from Benjamin W. Redding, Esquire, the Hearing Officer was advised that no appearance would be made on behalf of Commander Realty, Inc. and notice was given that Respondent waived any objections to conduct the hearing at the place other than Chipley or in a summary manner. The following described sign is located in an unzoned area outside the city limits in an essentially rural area. The location is on a federal aid highway, U.S. 98. The location is on the corner of U.S. 98 and East Eleventh Street. The copy is Town and Country Lake Estates, a double-faced sign. This sign sets two feet on the road right of way, has never been permitted, no application was made before its erection sometime during the fall of 1975.
The Issue The issue in this case is whether the sign erected by J.C. Tropical Foods, Inc., (Respondent) on land it leased for this purpose along State Road 997 in Dade County, Florida, was in violation of state law and, if so, whether the removal of said sign was required.
Findings Of Fact The Respondent leased a parcel of land along State Road 997 in Dade County, Florida, for the purpose of erecting a sign to direct truckers to its packing house. The Respondent owns certain real property on which its packing house is located, but that property is approximately 1320 feet from State Road 997, and 1200 feet from the leased parcel. If a sign were erected on the property owned by the Respondent, it could not be seen from State Road 997. After leasing the subject parcel, the Respondent proceeded to erect its 4 foot by 6 foot sign at a height of 45 feet. The sign was located approximately 18 feet from the State Road 997 right-of-way, and was visible from State Road 997. The sign was inspected by the Petitioner's outdoor advertising inspector and found to have no state sign permit attached to it. A notice of violation was, therefore, affixed to the sign on behalf of the Petitioner on or about May 30, 1990, and thereafter the sign was removed. State Road 997 in Dade County, Florida, has been designated a federal- aid primary road. The Respondent's sign was located on a leased parcel that was zoned AU, Agricultural District. The sign was not located on the business premises of the sign owner. A timely demand for formal hearing was filed on behalf of the Respondent following its receipt of the notice of violation, resulting in this formal proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner enter a Final Order which finds that the permit required by law was not issued for the Respondent's sign, that the sign was in a location that is ineligible for permitting because of its zoning, and which confirms the removal of the subject sign. RECOMMENDED this 1st day of October, 1990, in Tallahassee, Leon County, Florida. DONALD D. CONN Hearing Officer The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of October, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-3897T Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding 1. Adopted in Finding 2. Adopted in Finding 3. Adopted in Finding 2. Adopted in Finding 4. Adopted in Findings 1, 2 and 5. Adopted in Finding 2. Adopted in Finding 3. Adopted in Finding 5. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Julian L. Mesa, Secretary J.C. Tropical Foods, Inc. 2937 S.W. 27th Avenue, #305 Miami, FL 33133 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams, Esquire General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department take no action, against Henderson Signs on these charges. DONE and ORDERED this 16th day of February, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, The Carlton Building Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of February, 1979. COPIES FURNISHED: Frank H. King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James P. Appleman, Esquire 206 Market Street Post Office Box 285 Marianna, Florida 32446
The Issue Whether the outdoor advertising sign of Petitioner should be removed.
Findings Of Fact A notice of alleged violation of Chapter 479 and Section 335.13 and 339.301, Florida Statutes and notice to show cause were sent to Petitioner, Highland Court on August 18, 1977. The notice alleged that the subject outdoor advertising sign with copy, Highland Court, located 2.11 miles north of US 192; US 1 13 N Mile Post 2.11 was in violation of Chapter 479.07(2), and Rule 14- 10.04 having no current permit tag visible. The Petitioner asked for an administrative hearing which was properly noticed. Prior to the hearing the Petitioner stated that he was retiring and had no further interest in the sign. He stated that he was selling the business. Evidence was presented that the subject sign was erected without a permit from the Florida Department of Transportation. It has no current state permit tag attached. An application had been made for a permit but the permit was denied for the reason that the sign stands less than 500 feet from an existing sign to which is attached a current and valid permit.
Recommendation Remove the sign. DONE AND ORDERED this 21st day of August, 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 32301 Mr. Kenneth E. Gross, Manager Highland Court 24 North Harbor City Blvd. Melbourne, Florida 32935
Findings Of Fact The Respondent, Atlantic Outdoor Advertising, Inc., has erected a sign adjacent to Southside Boulevard, approximately 346 feet from Atlantic Boulevard, in the City of Jacksonville, Florida. Atlantic Boulevard is a federal-aid primary highway, while Southside Boulevard is not. The place where the Respondent erected the subject sign is within 660 feet from Atlantic Boulevard, and this sign is visible from the main-traveled way of Atlantic Boulevard. The subject sign is approximately 300 feet from another sign, owned by Naegele Outdoor Advertising Company, which was permitted by the Department in 1980 and 1981. The Naegele permits are still valid, and they authorize a sign within 660 feet of Atlantic Boulevard on the same side of the road as the Respondent's subject sign. When the Respondent erected its sign it had obtained a building permit from the City of Jacksonville, and it holds a lease to the site where the sign is located, but the Respondent does not have a state permit for its sign and no state sign permit has been applied for by the Respondent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the outdoor advertising sign of the Respondent, Atlantic Outdoor Advertising, Inc., located adjacent to Southside Boulevard, approximately 346 feet from Atlantic Boulevard, in the City of Jacksonville, Florida, be removed. THIS RECOMMENDED ORDER entered this 18th 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 18th day of June, 1986. APPENDIX TO RECOMMENDED ORDER, CASE NO. 85-3021T Rulings on Petitioner's Proposed Findings of Fact: Accepted. Accepted. Accepted. Accepted. Rulings on Respondent's Proposed Findings of Fact: Accepted. Accepted. Accepted. Accepted, but irrelevant. Accepted, but irrelevant. Accepted, but irrelevant. Accepted. Accepted. Accepted. Accepted. Accepted. Accepted. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Paul M. Glenn, Esquire 2900 Independent Square Jacksonville, Florida 32202 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301 A. J. Spalla, Esquire General Counsel Department of Transportation 562 Haydon Burns Bldg. Tallahassee, Florida 32301
The Issue Whether Respondent was in violation of Subsection 479.07(1), Florida Statutes, providing for the permitting of outdoor advertising structures.
Findings Of Fact Respondent maintains an outdoor advertising sign adjacent to U.S. Highway 27 in Gadsden County, Florida. The sign is located approximately 1/2 mile South of the city limits of Havana. This sign has not been permitted in the years 1973 or 1974. No current permit tag was affixed to the sign as of May 12, 1975. Respondent has made no application to the Department of Transportation for a current permit.
Findings Of Fact 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.
