Findings Of Fact Respondent erected the sign shown in Petitioner's Exhibits 2 and 3 on U.S. Highway 1, 4.22 miles south of CR 5. Respondent does not have a permit from Petitioner for this sign. The sign is located within 660 feet of the nearest edge of the right of way of a federal-aid primary highway, and is located on land that is zoned agricultural, and not zoned commercial or industrial. By letter dated August 17, 1984, .Oscar L. Erwin, Outdoor Advertising Administrator for the Department of Transportation extended an additional thirty days the time in which Respondent would be permitted to request an administrative hearing. The prior notice of violation was sent to Respondent on or about July 5, 1984. Respondent requested a hearing by filing his written request for a hearing on September 13, 1984.
Findings Of Fact State Road 51 is a federal-aid primary highway where it crosses County Road C-349 in Suwannee County. The signs were erected in the spring of 1982 and no application for permit was submitted and no permit has been issued for these signs. The signs are visible from SR 51 and are intended to give to the passing public the directions to Respondent's place of business. Without such directions, the business is difficult to locate. The signs are erected within 660 feet of SR 51 in an unzoned area outside the corporate limits of any town or city. The signs are located 58 feet from the edge of SR 51 and 50 feet from C-349.
Findings Of Fact The Respondent, Catalina Homes, Inc., owns an outdoor advertising sign with two faces which is situated on State Road 50, 2.9 miles west of State Road 435, in Orange County, Florida. This sign faces eastbound and westbound traffic on State Road 50, and the location is not within any city or town. State Road 50 is a federal-aid primary road, and it is open to traffic. The subject sign is visible from the main traveled way of State Road 50. Orange County is a zoned county, and the zoning at the location where the Respondent's sign is situated is agricultural. There are not three business locations within 800 feet of the Respondent's sign and the subject sign is within 660 feet of the right-of-way of State Road 50. The Respondent's sign is approximately 750 feet from a sign which has been permitted to Cashi Signs, Inc. The Cashi sign is located to the east of the Respondent's sign, on the same side of the road. There has been no state sign permit issued for either face of the Respondent's sign.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's two-faced sign situated on State Road 50, 2.9 miles west of State Road 435, facing eastbound and westbound traffic, in Orange County, Florida, be removed. THIS RECOMMENDED ORDER entered this 16th day of April, 1985 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 16th day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Hon. Paul A. Pappas Haydon Burns Bldg., M.S. 58 Secretary Tallahassee, Florida 32301 Department of Transporation Haydon Burns Bldg. Tallahassee, Florida 32301 Mr. Robert A. Bruno Vice-President Catalina Homes, Inc. 1344 West Colonial Drive Orlando, Florida 32804
Findings Of Fact Respondent's sign located on U.S. 92, 4.7 miles east of U.S. 19 has no current tag and is located 414 feet west of a validly permitted sign. U.S. 92 is a federal-aid primary highway. Notice of Hearing was mailed to Walter Collany, owner, Snug Harbor, on February 23, 1979 at the address on the letterhead on which an administrative hearing was requested by Mr. Collany.
Findings Of Fact Respondent is trustee for the owner of the sign advertising Riverfront Lots located adjacent to State Road 200 (A1A) 10.34 miles east of U.S. 1. SR 200 is a federal-aid primary highway. No permit has ever been issued for this sign and the land on which the sign is erected is zoned Open Rural.
Findings Of Fact Respondent is owner of a certain sign located on U.S. 27 South, 3 8/10 miles south of the junction of State Road 261 with copy "Florida Motor Court." The area on which the sign is located is property zoned agriculture by Leon County, Florida Zoning Board. Respondent admits that he is the owner of the subject sign, that he obtained no permit and that the sign is located at the place described in paragraph (1). Respondent contends that he needs this sign for his business and that he owns the land upon which the sign is built, that he bought the land for the special purpose of building a sign to advertise his business. Petitioner contends that the sign violates Chapter 479.07, Florida Statutes, because it has no permit tag attached and that no permit can be issued inasmuch as the setback from the highway violates Chapter 479.111, Florida Statutes. The Respondent, Mr. Carrin, has requested and been granted numerous continuances for the purpose of either selling his property or getting the area rezoned so that his sign could be permitted. He has not sold the property and the zoning is still agriculture.
Recommendation Remove subject sign if same has not been removed by Respondent within ten days after the entry of a final order. DONE and ORDERED this 12th day of July, 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: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 W. P. Carrin, Sr. Florida Motor Court U.S. 27 South Tallahassee, Florida 32304
Findings Of Fact Lazy J Adventures is the owner of a sign erected alongside State Road 80 15.46 miles west of the Hendry County Line. This sign is an outdoor advertising sign as defined by the Florida Statutes. The sign in question does not have a permit attached to it, and Petitioner has no record that a permit for this sign was ever requested or issued. The sign is located alongside State Road 80, which is a federal-aid primary highway. It is located 474 feet from a permitted sign owned by Florida Outdoor Advertising and is on the same side of State Road 80 and facing in the same direction as the Florida Outdoor Advertising sign.
The Issue The issue posed for decision herein is whether or not the sign involved herein is erected on the right-of-way of a State maintained road. 1/
Findings Of Fact Based upon the documentary evidence received, the testimony adduced during the hearing, and the entire record compiled herein, the following relevant facts are found. Petitioner, Florida Department of Transportation, utilizes outdoor advertising inspectors to keep surveillance of state maintained roadways: to report infractions of the State right-of-way by outdoor advertising agencies and to assist such advertising agencies in the proper erection of signs. In so doing, these inspectors enforce and are guided by the provisions of Chapter 479, Florida Statutes, and Rule Chapter 14-10, Florida Administrative Code. The subject sign involved herein is situated 16.36 miles north of State Road 26, in Gainesville, Florida. The sign in question is situated approximately 600 to 700 feet from the crossing of Interstate 75 and State Road 26. (Testimony of Thomas Wigham, Outdoor Advertising Inspector for Petitioner.) Petitioner utilized the services of one of its registered surveyors, Lloyd Register, a location engineer, to determine the exact placement of the sign in question. Messr. Register is a registered surveyor and is the holder of surveyor's certificate No. 1522 (Florida). Messr. Register staked the area where the subject sign is erected after completing a survey of the area in question. The survey reveals that the subject sign is located within the State owned right-of-way adjacent to State Road 26. (Petitioner's Exhibits 1 and 2, and Testimony of Lloyd Register.) Respondent offered no evidence herein.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Petitioner enter an order authorizing it to remove the subject sign which is located 16.36 miles north of State Road 26, a State maintained road, in Gainesville, Florida. 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 25 day of September, 1981.
Findings Of Fact The Respondent, J. B. Davis, Inc., owns an outdoor advertising sign which is situated on the south side of I-10, .14 mile west of C-255, in Madison County, Florida. The sign faces eastbound traffic. I-10 is a part of the interstate highway system, and it is open to traffic. The subject sign is visible from the main traveled way of I-10. There is no zoning in Madison County, Florida. The subject sign has been erected and is situated beyond 800 feet from any existing business, and it is within 660 feet from the right-of-way of I-10. The subject sign does not have a permit issued by the Department of Transportation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's sign situated on the south side of I-10, .14 mile west of C-255, facing eastbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER entered this 3rd day of April, 1985, 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 3rd day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis President J. B. Davis, Inc. Base and Duval Streets Madison, Florida 32340 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
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.
