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DEPARTMENT OF TRANSPORTATION vs. CHEVRON, U.S.A., INC., 80-000039 (1980)
Division of Administrative Hearings, Florida Number: 80-000039 Latest Update: Sep. 15, 1980

Findings Of Fact By notice of alleged violation dated January 19, 1979, the Department charged that the Respondent, Chevron, U.S.A., installed a sign on 1-4, 23.86 miles east of U.S. 301, without a permit in violation of Rule 14-10.04, Florida Administrative Code. The notice also alleged that the sign was too close to an off ramp of 1-4, in violation of Title 23, Section 13, U.S. Code Para. 2(B). The parties stipulated that the sign is located along 1-4, a part of the Federal Interstate Highway Systems which was open to vehicular traffic in 1959-1960 and that the sign is located in the unincorporated area of Polk County. On or about October 22, 1969, the Respondent contracted with Pickett and Associates, of Tampa1 Florida, a general contractor, to construct a complete operating service station at 1-4 and SR 35-A. Included in the contract price was the cost of constructing the sign in question. An engineer for Chevron, J. L. Edgar, requested on June 4, 1969, that Pickett and Associates proceed to obtain all permits prior to construction. Due to no direct fault of the Respondent, the necessary permits to install the sign were never obtained from the Department. This fact was discovered when a sign inspector noticed the sign to be in poor condition and in need of repair. The contractor who erected the sign was contacted regarding the permits but all records relating to this particular job have been discarded. Chevron was unaware that the sign was never permitted until the notice was issued by the Department. The sign is located within five hundred (500) feet of the exit ramp off 1-4 to Kathleen Road (SR 35-A) , as measured from the spot where the road widens to the exit. No evidence was submitted to show that the sign was on the same property of the station or within one hundred (100) feet thereof.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore RECOMMENDED: That the Respondent's sign be found in violation of Rule 14- 10.06(1)(b)(2)(b) , Florida Administrative Code and Section 479.07, Florida Statutes. DONE and ORDERED this 18th day of August, 1980. in Tallahassee, Florida. SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: J. A. Scott Chevron, U.S.A., Inc. 3908 10th Avenue Tampa, Florida 33605 Charles Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Florida Laws (5) 120.57339.05479.04479.07479.16
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DEPARTMENT OF TRANSPORTATION vs BLACK OLIVE NURSERY, 91-004957 (1991)
Division of Administrative Hearings, Florida Filed:Fort Lauderdale, Florida Aug. 05, 1991 Number: 91-004957 Latest Update: Mar. 27, 1992

The Issue The issue for determination in this proceeding is whether the notice of violation issued by Petitioner for an unpermitted sign should be upheld and the sign removed.

Findings Of Fact Respondent is a nursery organized as a Florida corporation. Respondent has been in business in Davie, Florida since 1969. Respondent's business involves both the wholesale and retail sale of nursery goods. Respondent is located several hundred feet west of U.S. 441. The business premises are not readily visible from U.S. 441. Access to Respondent's premises from U.S. 441 is by dirt road. Respondent erected a sign adjacent to the right of way for U.S. 441 in 1969. The sign advertised Black Olive Nursery and identified the dirt road access from U.S. 441. At the time, no sign permit was required by state law. Respondent applied for and paid for sign permits in 1975 and 1976. The sign permits were issued by the local county government and were effective for two years. No applications for sign permits have been made to Petitioner by Respondent from 1975 to the present. The sign is subject to the current permitting requirements of state law. The sign does not have a valid state permit.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order upholding the notice of violation, and requiring Respondent to remove the sign in accordance with applicable Florida Statutes. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 22nd day of January, 1992. DANIEL MANRY Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of January, 1992.

Florida Laws (4) 120.57479.01479.07479.11
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DEPARTMENT OF TRANSPORTATION vs. RICH OIL COMPANY., 76-001605 (1976)
Division of Administrative Hearings, Florida Number: 76-001605 Latest Update: Jun. 15, 1977

The Issue Whether three signs of Respondent are in violation of the Federal and State laws, rules and regulations by violating the set-back requirements and the requirements for state permit.

Findings Of Fact Respondent was issued a thirty (30) day Violation Notice by Petitioner for a sign located .5 of a mile west of State Road 79 on the south side of I-10 approximately twenty (20) feet from the fence on the outer edge of the right-of- way of I-10. The sign advertised gas, oil, food, camping, road service, and CEO radio shop and is owned by Respondent Rich Oil Company, Bonifay, Florida, a business in operation about .9 of a Mile from the sign. The violations were listed as improper set-back and no permit. A thirty (30) day violation notice was issued to the Respondent by Petitioner on a sign located .6 of a mile east of State Road 79 on the north side of I-10 approximately twenty (20) feet from the fence located on the outer edge of the right-of-way. The products advertised were gas, oil, food, camping, road services, CB radio shop of the business operation of Respondent which business was located about .9 of a mile from the sign. The violations were listed as improper set-back and no permit. A thirty (30) day violation notice was issued to Respondent by Petitioner for a sign located on the southeast corner of St. Johns Road and State Road 79 located six (6) to twelve (12) feet from the outer edge of the right-of-way of State Road 79 advertising the products of Respondent: gas, oil, food, camping, road service, CB radio shop. The business was Operated about one hundred and eighty (180) feet from the sign. The violation was listed as improper set-back and no permit. No state permits were applied for or granted for any of the three subject signs. The signs were set back from the federal aid highway as indicated on the Violation Notices. The signs referred to in (1) and (2) above located east and west of the intersection of State Road 79 and I-10 were placed there by Respondent who stated that they were essential for his business and that the business would be diminished if the signs were removed. The sign described in (3) above on State Road 79 is shown by photograph to have a trailer nearby with a sign on it. Said sign on the trailer is not a subject of this hearing.

Recommendation Remove the signs that are located east and west of the intersection of State Road 79 along the right-of-way of I-10 and described in Findings of Fact (1) and (2) herein. Remove the sign located along State Road 79 described in Findings of Fact (3) herein unless the Respondent removes said sign and relocates it within fifteen (15) feet of the nearest edge of the right-of-way after obtaining a state permit. DONE and ORDERED this 4th day of February, 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: Russell A. Cole, Jr., Esquire 123 N. Oklahoma Street Bonifay, Florida 32425 John W. Scruggs, Esquire Department of Transportation Chipley, Florida 32425 George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. Glen E. Rich Rich Oil Company Post Office Box 158 Bonifay, Florida 32425 Mr. J. E. Jordan District Sign Coordinator Department of Transportation Post Office Box 607 Chipley, Florida 32428 Mr. O. E. Black Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Philip Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CASE NO. 76-1605T RICH OIL COMPANY, Respondent. /

Florida Laws (3) 479.11479.111479.16
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DEPARTMENT OF TRANSPORTATION vs. EGAN'S WATERWAY, 87-004495 (1987)
Division of Administrative Hearings, Florida Number: 87-004495 Latest Update: Apr. 01, 1988

The Issue The central issue in this case is whether Respondent is guilty of the violation alleged in the Notice of Illegal Sign dated September 17, 1987; and, if so, what penalty should be imposed.

Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact: On September 17, 1987, the Department issued a Notice of Illegal Sign on Right-of-Way for an outdoor sign located in the water and adjacent to U.S. 1 approximately 1.39 miles north of Jewfish Creek Bridge, Monroe County, Florida. The sign in dispute was visible from the road and stated the following: Egan's Waterway Restaurant Gas Good Fast Food. Tourist Info M M 107 1/2 (Right after bridge) The sign did not have a state outdoor advertising permit attached to it. The sign was located approximately 85 feet from the centerline of the road. U.S. 1, also known as State Road 5, is designated as a federal aid primary highway in Dade and Monroe Counties. Egan Adams is manager and president of Egan's Waterway. Mr. Adams admitted he is the owner of the sign in dispute. The sign was mounted on a pontoon-type vessel and was anchored in knee- deep water. The vessel had been registered as a boat and identified by Florida 7454 FG. Prior to issuing the Notice of Illegal Sign, the Department's employee had warned Mr. Adams that the sign was located within the right-of-way. On or about September 19, 1987, Mr. Adams moved the sign further away from the road and removed the orange violation sticker which had been posted on it. The right-of-way in the vicinity of the sign in dispute is 200 feet wide. The centerline of the right-of-way corresponds to the centerline of the road.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Transportation enter a Final Order assessing a fine of $75.00 against Egan Adams pursuant to Section 479.107, Florida Statutes (1987). DONE and RECOMMENDED this 1st day of April, 1988, in Tallahassee, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of April, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-4495T Rulings on Petitioner's proposed findings of fact: Paragraph 1 is accepted. Paragraphs 2-6 are accepted. The first sentence of paragraph 7 is accepted. The rest of paragraph 7 is rejected as a conclusion of law, argumentative. Paragraphs 8 and 9 are accepted. COPIES FURNISHED: Charles G. Gardner, Esquire 605 Suwannee Street Tallahassee, Florida 32301 Egan Adams Manager/President of Egan's Waterway Box 2, M.M. 107.5 Key Largo, Florida 33037 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450

Florida Laws (6) 120.57479.01479.107479.11479.111479.16
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CALUSA CAMPGROUND CONDOMINIUM ASSOCIATION, INC. vs DEPARTMENT OF TRANSPORTATION, 12-001855 (2012)
Division of Administrative Hearings, Florida Filed:Micco, Florida May 21, 2012 Number: 12-001855 Latest Update: Jan. 31, 2013

The Issue Whether the subject sign, owned by Calusa Campground Condominium Association, Inc. (Calusa), is illegally erected because it is (1) located in the right-of-way of the Florida Department of Transportation (the Department) on U.S. Highway 1 in Monroe County, Florida, and/or (2) it does not have a required permit.

Findings Of Fact The Department is an agency of the State of Florida responsible for regulating outdoor advertising signs within 660 feet of certain road systems, including federal-aid primary highways. Calusa is the owner of the subject sign, which is located in Monroe County, Florida, on U.S. Highway 1. The subject sign is located in the Department's right- of-way. U.S. Highway 1 in Monroe County is a federal-aid primary highway, and it has been designated as a scenic highway. With the exception of an "on-premises sign," a permit issued by the Department is required for signs located within 660 feet of a federal-primary highway. The subject sign is not an "on-premises sign." A permit is required for the subject sign. The subject sign does not have the required permit. Calusa was issued a "Notice of Violation - Illegally Erected Sign in Right of Way" on February 23, 2011, and an "Amended Notice of Violation - Illegally Erected Sign in Right of Way" on July 10, 2012. The violations were based on two reasons: (1) the sign lacks required permits, and (2) the sign is unlawfully in the Department's right-of-way. Both notices contained the following: This sign is illegal and must be removed within 10 days from the date of this Notice, pursuant to s. 479.107(1), F.S. If it is not removed within that time, it will be removed and disposed of by the Department without further notice. PLEASE NOTE: If the sign is removed by the Department, all costs associated with the removal will be assessed against the sign owner. . . .

Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that the Florida Department of Transportation enter a final order finding that the subject sign is illegal and ordering its removal. DONE AND ENTERED this 6th day of November, 2012, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of November, 2012. COPIES FURNISHED: Kimberly Clark Menchion, Esquire Department of Transportation Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399 Michael Healy, Esquire The Silver Law Group, P.A. Post Office Box 710 Islamorada, Florida 33036 Deanna Hurt, Clerk of Agency Proceedings Department of Transportation Mail Station 58 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 Gerald B. Curington, General Counsel Department of Transportation Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399 Ananth Prasad, Secretary Department of Transportation Mail Station 57 605 Suwannee Street Tallahassee, Florida 32399

Florida Laws (10) 120.569120.57120.68334.03479.01479.07479.105479.107479.11479.16
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DEPARTMENT OF TRANSPORTATION vs. LAMAR ADVERTISING COMPANY, 84-004462 (1984)
Division of Administrative Hearings, Florida Number: 84-004462 Latest Update: Aug. 14, 1985

Findings Of Fact On or about June 10, 1977, the Department issued permit number 2740-12 to the Respondent, Lamar Advertising Company, authorizing the erection of a sign on the east side of I-110, .4 mile north of SR 296 in Escambia County, Florida. On or about August 7, 1978, this permit was reported lost and the Department issued a replacement tag numbered AN498-35. The latter permit is the subject of this proceeding. Prior to the issuance of the original permit in 1977, the site was field inspected and approved by Department personnel. The Respondent's representative who submitted the permit application designated on this application that the sign location was in an unzoned area within 800 feet of a business. This representative also certified on the application that the sign to be erected would meet all of the requirements of Chapter 479, Florida Statutes. The only commercial or industrial activity that was located within 600 feet of the right-of-way of I-110, and within 800 feet of the site where the Respondent's sign was to be erected, was a brick building which had been constructed in 1977 by Bill Salter Outdoor Advertising. This building contains 800 to 1,000 square feet, and it was used as a sketch office by Bill Salter Outdoor Advertising. One employee works inside doing art work, and three salesmen use the office to make telephone calls and pick up messages. The Salter building has been constructed without windows on the back side, which is the side facing the interstate. This building is not directly on the interstate, but is located on a street back off I-110 in an unzoned area containing houses and trailer homes. This area is residential in nature, and the Salter building is the only business in the immediate vicinity. The landscape along I-110 where the subject sign is located slopes upward from the interstate to where the Salter building stands, and the area between the interstate and the Salter building is covered with foliage. In the summer months the area between I-110 and the site of the Salter building is almost completely obscured by this foliage, but during the winter when the foliage has thinned a portion of the rear of the Salter building can be seen from the interstate. There is an area in front of and on the sides of the Salter building, away from the interstate, where cars can be parked. Salesmen, workmen and customers come and go daily, using these areas for parking. However, due to the slope of the ground between the Salter building and I-110, the interstate is at such a downward angle from the building that none of these activities can be seen from I-110. There is no sign on or around the Salter building to indicate that it contains a business, and there is nothing else about either the building or the area to identify the one as a business structure or the other as a commercial area. In summary, the Bill Salter building houses a business which is located with 660 feet of the interstate, and the subject sign is within 800 feet of this business, but there are no business activities that can be seen from the main- traveled way of I-110. This location is essentially the same now as it was in 1977 when the permit was issued. In October of 1984, the site was inspected by the Department's Right- of-Way Administrator who determined that the permit had been issued in error because there was no visible commercial activity within 800 feet of the sign. In November of 1984, the Department issued a Notice of Violation advising the Respondent that the subject permit was being revoked because the sign had not been erected in a zoned or unzoned commercial area.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit number AN 498-35 held by the Respondent, Lamar Advertising Company, authorizing a sign located on the east side of I-110, .4 mile north of SR 296 in Escambia County, Florida, be revoked, and the subject sign removed. THIS RECOMMENDED ORDER entered this 14th day of August, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of August, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. Tallahassee, Florida 32301-8064 Robert P. Gaines, Esquire P. O. Box 12950 Pensacola, Florida 32576 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301

Florida Laws (6) 120.57479.01479.02479.08479.11479.111
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3M NATIONAL ADVERTISING COMPANY (NO. 05-79-RN-05-93(SF) vs. DEPARTMENT OF TRANSPORTATION, 85-003289 (1985)
Division of Administrative Hearings, Florida Number: 85-003289 Latest Update: Jun. 04, 1986

Findings Of Fact Petitioner applied for a permit to erect a sign along the north side of SR 688, 500 feet west of U.S. 19 facing east (Exhibit 1). This application was disapproved because the proposed location is within 1000 feet of an existing sign along SR 688, facing in the same direction. With respect to outdoor advertising signs the character of SR 688 and U.S. 19 change at their intersection. North of SR 688 U.S. 19 is a federal-aid primary highway, south of SR 688 U.S. 19 is a federal-aid urban highway. For sign permitting purposes U.S. 19 is a controlled highway north of SR 688 and an uncontrolled highway south of SR 688. Similarly, SR 688 is a federal-aid primary highway east of U.S. 19 and is uncontrolled west of U.S. 19. A duly permitted sign, facing east, is located along the north side of SR 688 approximately 200 feet east of U.S. 19. This sign is within 1000 feet of the location for which Petitioner seeks the permit at issue in these proceedings. The proposed sign is intended to serve westbound traffic along SR 688; however, the sign can be seen by motorists traveling on U.S. 19 while stopped in the middle of the intersection of SR 688 and U.S. 19, but the message on the sign would be unreadable to the naked eye. Respondent contends the proposed sign is governed by the spacing requirements because the sign is located within 660 feet of the right-of-way of the federal-aid primary highway portion of U.S. 19.

Florida Laws (7) 120.6835.22479.01479.02479.07479.111479.16
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DEPARTMENT OF TRANSPORTATION vs. ALL AMERICAN COMMERCIAL PROPERTIES, INC., 87-000563 (1987)
Division of Administrative Hearings, Florida Number: 87-000563 Latest Update: Jul. 22, 1987

Findings Of Fact On December 8, 1986, Respondent owned a sign that had been erected along the east side of U.S. 19 in Pasco County, Florida, approximately 51 feet from the nearest edge of the nearest through lane. U.S. 19 at this location is a part of the State Highway System. The DOT right-of-way at this location extends approximately 82 feet east of the eastern edge of the nearest northbound through lane of U.S. 19. Upon seeing the DOT violation notice posted, someone notified Respondent. Respondent had the sign removed from the DOT right-of-way within ten days of the notice of violation.

Recommendation It is RECOMMENDED that a final order be entered assessing a $75 fine against All American commercial Properties, Inc., for owning a sign on the DOT right-of-way along the east side of U.S. 19 in Pasco County on December 8, 1986. ENTERED this 22 day of July, 1987, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 22nd day of July, 1987. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32399-0450 All American Commercial Properties, Inc. Attn: Shelley A. Balduf 6847 County Road 54 New Port Richey, Florida 33552 Kaye N. Henderson, P.E. Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Attn: Eleanor Turner, M.S. 58 Thomas H. Bateman, General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0450

Florida Laws (2) 479.107479.11
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DEPARTMENT OF TRANSPORTATION vs. EVA F. CINTRON, 87-002242 (1987)
Division of Administrative Hearings, Florida Number: 87-002242 Latest Update: Oct. 27, 1987

Findings Of Fact A Department of Transportation (DOT) Outdoor Advertising Inspector was doing an inventory, during May, 1987, on U.S. 231, in Jackson County, Florida, when he observed a sign that was visible from the main traveled way of the highway that was not on the sign inventory as being permitted. U.S. 231 is a federal-aid primary highway. The location is 1.78 miles south of SR 73, on the west side of U.S. 231, (southbound side ), and is 32 feet from the right edge of the southbound lane (U.S. 231). The restaurant the sign is advertising is located to the south of the sign, on the east side of U.S. 231, (northbound side). Mr. and Mrs. Cintron purchased the restaurant in October, 1985, and considered subject sign part of the business. The sign in question was erected during the summer of 1985 by the original owner. The Department's Inspector certified that said sign was removed by 6/11/87. There is one business, within 800 feet of the sign site, on the west side, a Gulf station that contains a convenience store and tire store in the same building on the same premises. The sign site is located in an unzoned area within the city limits of Cottondale, Florida. There is a repair business on the west side of the highway and a septic tank business on the east side of the highway. Both businesses are north and in excess of 1600 feet from the site in question.

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 sign in question located on U.S. 231, 1.78 miles south of SR 73 East, in Jackson County, Florida, was in violation of the statutes for not having a state sign permit, was properly removed, and does not qualify for issuance of a permit. DONE AND ORDERED this 27th day of October, 1987, in Tallahassee, Leon County, 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 27th day of October, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-2242T The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes on the proposed findings of fact submitted by the Petitioner in this case. Specific Rulings on Proposed Findings of Fact Submitted by Petitioner, DEPARTMENT OF TRANSPORTATION DOT's proposed findings of fact 1-3 are adopted in substance as modified in Findings of Fact 1-3. COPIES FURNISHED: Kaye N. Henderson, P.E., Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Eva F. Cintron, Pro Se Post Office Box 56 Cottondale, Florida 32431 Vernon Whittier, Jr., Esquire Rivers Buford, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32399-0450

Florida Laws (5) 120.57479.01479.07479.105479.16
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DEPARTMENT OF TRANSPORTATION vs THE STREAKERY, 89-006103 (1989)
Division of Administrative Hearings, Florida Filed:Marathon, Florida Nov. 06, 1989 Number: 89-006103 Latest Update: Feb. 15, 1990

Findings Of Fact The Steakery and the Sugarloaf Leisure Club are businesses in Summerland Key, Monroe County, Florida, that are owned by William A. Hare. For the past four years, Mr. Hare has, on behalf of his respective businesses, leased two outdoor advertising signs that are located on the same support structure with one sign being directly above the other. On one sign there appears an advertisement for The Steakery while on the other there appears an advertisement for the Sugarloaf Leisure Club. These two signs face are located in Monroe County, Florida, on the northbound side of U.S. 1, a federal-aid primary highway. The support structure for the signs is approximately 10 feet from the highway. No permit has been issued by the Florida Department of Transportation (DOT) for either sign. The signs are located in a part of Monroe County which is zoned "Native Area". This area is not zoned commercial or industrial and is not an unzoned commercial or industrial area. The signs are not located on the business premises of the sign owner. The signs were inspected by the DOT's Outdoor Advertising Inspector and found to have no state sign permits attached them. On October 5, 1989, DOT caused to be filed against the two signs notices that neither sign had the permit required by law and that the zoning for the location of the signs did not permit outdoor advertising signs. Respondents have not contested the method by which the notices were posted. Mr. Hare, on behalf of his businesses, filed a timely demand for formal hearing following his receipt of the notices of violation.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a final order which finds that permits required by law have not been issued for the subject signs, that the signs are in a location that is ineligible for permitting because of its zoning, and which orders the immediate removal of the subject signs. DONE AND ENTERED this 15th day of February, 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division f Administrative Hearings this 15th day of February, 1990. APPENDIX TO THE RECOMMENDED ORDER IN CASES 89-6103T AND 89-61O4T The following rulings are made on the proposed findings of fact submitted on behalf of the Department of Transportation: 1. The proposed findings of fact in paragraph 1 are adopted in material part by paragraph 3 of the Recommended Order. 2. The proposed findings of fact in paragraph 2 are adopted in material part by paragraph 3 of the Recommended Order. 3. The proposed findings of fact in paragraph 3 are adopted in material part by paragraph 6 of the Recommended Order. 4. The proposed findings of fact in paragraph 4 are adopted in material part by paragraph 3 of the Recommended Order. 5. The proposed findings of fact in paragraph 5 are adopted in material part by paragraph 5 of the Recommended Order. COPIES FURNISHED: Rivers Buford, Jr., Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Mr. William Hare Owner, The Steakery Owner, Sugarloaf Leisure Club Post Office Box 723 Summerland Key, Florida 33042 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thomas H. Bateman, III General Counsel Department of Transportation Haydon Burns Bulding 605 Suwannee Street Tallahassee, Florida 32399-0458

Florida Laws (7) 120.57479.02479.07479.105479.11479.111479.16
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