Findings Of Fact On May 16, 1983 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 3.5 miles west of S.R. 81 in Walton 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 that he would find a nursery business there. He found a small building with dimensions of approximately 8-10 feet wide, 10-12 feet long, and 7-8 feet high. He observed some plants both inside and outside this building. These plants did not appear to have been grown there. Nearby was a brick residence, a shed and more plants near the shed. After talking with a lady on the premises, he determined that she was in the business of selling plants. From I-10 the brick residence building could be seen, but the plants were not visible and it could not be determined from the interstate what activity there was inside the building or at this location. Based upon his inspection of the site, coupled with the Respondent's representation that a nursery business existed there, the inspector approved the Respondent's application for a sign permit. The permit was issued on or about June 8, 1983 because of the proximity of the proposed site to a nearby commercial activity which was the nursery business observed by the inspector. Subsequently, after the permit had been issued, the Respondent erected its sign which is the subject of this proceeding. In March of 1985 there was no business activity at the subject site. There were no longer any flowers or plants situated at this location. The terrain slopes upward from the interstate at the site of the Respondent's sign, so that nothing was visible from the interstate that would indicate any commercial activity was being conducted at this location, either at the time when the permit was issued or presently. 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 AJ353-10 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 F. 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
Findings Of Fact On or about September 5, 1978, the Department issued permit number 10279-10 to the Respondent, Food `N' Fun, Inc., authorizing the erection of a stacked back-to-back sign on the south side of I-10, 1 mile and 600 feet west of U.S. 231 in Jackson County, Florida. Permit numbers 10743-10, 10744-10 and 10745-10 were issued on or about December 21, 1978, for the other three faces of this sign. Prior to the issuance of these permits the site was field inspected and approved by Department personnel. Subsequently, the site was inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because there was no visible commercial activity within 800 feet of the sign. In October of 1984, the Department issued Notices of Violation advising the Respondent that the subject permits were being revoked because the sign was not erected in a zoned or unzoned commercial area. The Respondent's representative who submitted the permit applications designated on these applications that the sign location was in an unzoned area within 800 feet of a business. This representative also certified on the applications that the sign to be erected would meet all of the requirements of Chapter 479, Florida Statutes. There is a business known as Dilmore Meats located within 660 feet of I-10 and within 800 feet of the site where the Respondent's sign stands. Dilmore Meats is a sausage company doing business in a partially block building, with some stalls around it for storing livestock. However, the area is rural and agricultural in nature, and there is nothing visible from I-10 to indicate to traffic that any business or commercial activity is located there. No other businesses or commercial activities exist or are being conducted in this locality. Although the building where the sausage business is located can be seen from the interstate, there is nothing to distinguish this building from other farm buildings and, as viewed from the main-traveled way of I-10, there is nothing to indicate that any commercial activity is being conducted at this location.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit numbers 10279-10, 10743-10, 10744- 10, 10745-10 held by the Respondent, Food `N' Fun, Inc., authorizing a stacked, back-to-back, sign located on the south side of I-10, 1 mile and 600 feet west of U.S. 231 in Jackson County, Florida, be revoked, and the subject sign removed. THIS RECOMMENDED ORDER entered this 9th 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 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of August, 1985.
Findings Of Fact The Respondent, J.B. Davis, Inc., owns an outdoor advertising sign which is situated on the north side of I-10, .33 mile west of U.S. 221, in Madison County, Florida. This sign faces eastbound traffic, and it is not in any incorporated city or town. 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. The subject sign has been erected and is situated within 500 feet of a restricted interchange. The subject sign does not have a permit issued by the Department of Transportation. 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.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Respondent's sign situated on the north side of I-10, .33 miles west of U.S. 221, facing eastbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 3rd day of April, 1985. 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 March, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis, President Paul A. Pappas, Secretary J. B. Davis, Inc. Haydon Burns Building, Room 562 Base and Duval Streets Tallahassee, Florida 32301 Madison, Florida 32340
The Issue Based upon the testimony received the primary issue is whether the poles were erected before the highway, I-10, was opened to the public. If so, do such poles constitute a sign within the meaning of Section 479.23, Florida Statutes, for the purposes of "grandfathering" such a structure?
Findings Of Fact These double-faced, stacked signs are located 1.4 miles east of State Road 276 on I-10. These signs were inspected on October 22, 1980, by an inspector of the Department of Transportation, who observed that the signs' messages were visible from the main traveled way of I-10 and did not bear the permits required by Chapter 479, Florida Statutes. At the time of this inspection I-10 was open to the public and was a part of the interstate highway system. See DOT Exhibit 1 and DOT Exhibit 3. The signs were located in an unincorporated area of Jackson County, Florida, which does not have a zoning ordinance. (Transcript, page 39.) Prior to the date of the hearing, name plates identifying Henderson signs as responsible for the signs were attached to the signs. (Transcript, page 29.) The Department had notified Henderson Signs of the Notice of Violation, and Henderson Signs requested a formal hearing by letter of its Counsel dated December 19, 1980. See files, Cases Nos. 81-106T and 81-107T. The foregoing facts establish that the subject signs are signs regulated by the Department pursuant to Chapter 479, Florida Statutes, and that Henderson Signs had a substantial interest in the signs. Gene Henderson testified concerning the erection of the poles and the attachment of sign faces to the poles. According to Henderson, the sign poles were erected during the latter part of 1975, and the first sign face (Case No. 81-106T) advertising "Quality Inn" was affixed to the sign on January 15, 1977. On June 15, 1978, a second sign face was affixed to the sign poles in the opposite direction (Case No. 81-107T) advertising "Shell Food Store." W. B. Reddock, affiliated with Arrowhead Camp Grounds, appeared and testified. Although Reddock may have some interest in these signs, it is concluded that the signs are the responsibility of Henderson Signs, which erected the poles prior to the time I-10 was opened to the public. The Department introduced DOT Exhibit 3, which shows that the section of I-10 along which the subject signs are located was opened to the public on October 14, 1977. The Department introduced DOT Exhibit 8, an aerial photograph of the section of I-10 along which the subject signs are located. This photograph bears the number PD 2193 and is Sheet 4 of 28 sheets taken on November 14, 1977. The photograph's legend reflects it has a scale of one inch equal to 50 feet. The Department's engineer, who established that the scale was accurate, indicated by a red mark the measured location of the signs 1.4 miles east of SR 276 on I-10. The photograph was examined by the Department's engineer, who observed the presence of six poles at the location. No sign faces were attached to the poles on November 14, 1977, 30 days after the highway was opened to the public.
Recommendation Having considered the proposed findings of fact submitted by the parties, and based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of Transportation enter its final order directing the removal of the subject signs within 30 days and without compensation to the signs' owner. DONE and ORDERED this 16th day of September, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of September,1981. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Hayden Burns Building Tallahassee, Florida 32301 Charles M. Wynn, Esquire 310 Jackson Street Post Office Box 793 Marianna, Florida 32446 Jacob D. Varn, Secretary Department of Transportation Haydon Burns Building, MS 57 Tallahassee, Florida 32301
Findings Of Fact The sign which is the subject of this proceeding was cited for violations of the Florida statutes and rules regulating outdoor advertising structures by notice of violation dated November 3, 1983, and served on the Respondent as owner of this sign. The subject sign is located on the north side of Interstate 10, 1.6 miles east of State Road 267, in Gadsden County, Florida. This structure is an outdoor sign, or display, or device, or figure, or painting, or drawing, or message, or placard, or poster, or billboard, or other thing, designed, intended or used to advertise or inform with all or part of its advertising or informative content visible from the main traveled way of Interstate 10. The structure is located within 660 feet of the nearest edge of the pavement of Interstate 10, as alleged in the violation notice dated November 3, 1983. The structure was located outside any incorporated city or town on the date it was built. The structure was not located in a commercial or industrial zoned or unzoned area on the date it was built. The structure was constructed, or erected, without a currently valid permit issued by the Department of Transportation; it was operated, used, or maintained without such a permit; and a Department of Transportation outdoor advertising permit has never been issued for the subject structure. The structure does not fall within any of the exceptions listed in Section 479.16, Florida Statutes. The structure was located adjacent to and visible from the main traveled way of a roadway open to the use of the public for purposes of vehicular traffic in the State of Florida at the time it was built. The structure had affixed the copy or message as shown on the notice of violation when it was issued; namely, Texaco Next Exit Turn Left - Food Store. Hinson Oil Company is the owner of the sign or structure which is the subject of this proceeding.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the sign owned by the Respondent, Hinson Oil Company, located on the north side of Interstate 10, 1.6 miles east of State Road 267, in Gadsden County, Florida, be removed. DONE and ORDERED this 31st day of August, 1984, in Tallahassee, Florida. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Horns Building, MS-58 Tallahassee, Fl. 32301-8064 Mr. E. W. Hinson, Jr. Hinson Oil Company P O. Box 448 Quincy, Florida 32351 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 August, 1984. Paul Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact The Respondent, E. A. Hancock Advertising, Inc., erected two double face outdoor advertising signs in June, 1975, in an unincorporated part of Broward County, Florida, without first obtaining a permit from the Petitioner, Florida Department of Transportation. Two of the signs face north and two signs face south. Each sign structure has two faces. After erection the Respondents applied for permits but permits were refused by Petitioner and violation notices dated October 22, 1975, were sent to Respondents indicating that Respondent was in violation of the outdoor advertising laws by erecting signs without permits and erecting "two separate signs erected illegally (which] can be seen from 1-95." After much correspondence between the parties, the matter was set-for hearing November 9, 1976, was thereafter continued and finally heard on July 12, 1977, more than two years after the erection of the signs. The signs were constructed on a county secondary road known as Ravenwood Road, Fort Lauderdale, Florida, and more definitely located as "south from 3497 Ravenwood Road. The road is one lane in each direction and is the type of road usually known as a service road. The billboard signs are elevated to a height of approximately 25 feet from the ground to the top of the sign and sit back about 15 feet from the secondary road. Although the signs can easily be read by travelers on Ravenwood Road, signs designed primarily to serve this two lane road would as a practical matter have been much smaller and much closer to the ground and the message would have had smaller letters. The signs are a "visual overkill" for travelers on Ravenwood Road. See "Petitioner's Composite Exhibit 1" and the Polaroid pictures taken from Ravenwood Road. The signs are elevated to less than 25 feet above 1-95. One sign is about 190 feet from the south lane of the interstate highway and the other about 191 feet from the south lane of the highway. Both signs are on the west side of the interstate highway. The two sign structures are approximately 300 feet apart. One sign is approximately 500 feet from an existing sign and the other is approximately 850 feet from an existing sign. The large size lettering on the large signs are clearly visible to the motoring public on interstate highway 1-95. Three of the four signs are visible and can easily be read by motorists going either north or south on the interstate highway. Evidence is unclear as to whether one side of one of the double space signs is clearly visible from the interstate highway. Copy on the signs is changed from time to time, but at the time the pictures entered into evidence were taken from the interstate highway, copy read, "WHITEHALL PRESTIGE LIQUORS A GREAT VODKA" and "HOLSUM Baked just right for you." The advertising is large and can be read in the Polaroid snapshots that were taken by Petitioner while on the interstate highway and entered in the record as "Petitioner's Composite Exhibit 1." Application for sign permits was made June 16, 1975 to the Broward County Planning, Building and Zoning Department. Permits were issued by the county and were affixed to the signs. The Hearing Officer further finds: The subject signs were constructed primarily to be read by the public traveling on the interstate highway. The size of the signs, the size of the lettering, the elevation of the signs and the angle of the signs provide insurance that messages can be easily read by those traveling on the interstate. The traffic on the interstate is much heavier than traffic on Ravenwood Road. The Petitioner contends that the Respondent is in violation of outdoor advertising laws: No permit was applied for or granted before the outdoor advertising signs were constructed by Respondent. The signs were constructed primarily to be read by the public traveling on 1-95, an interstate highway. The setback of tho Respondent's signs is less than 660 feet from the interstate highway. The signs should be removed as violating the state statutes as well as the federal code laws, rules and regulations contained in the "Highway Beautification Act." Broward County has not submitted to the administrator of the state evidence that it has established effective control with regard to size, spacing, height and lighting requirements contrary to the agreement of the Governor authorized by Section 479.02. Broward County does not enforce any outdoor advertising requirements even if it could be shown the zoning was in compliance with Title 1 of the Highway Beautification Act of 1965 and Title 23, U.S. Code as required by Section 479.02 and the agreement executed pursuant thereto. Respondent contends that: It secured permits from Broward County and attached them to the subject signs. Broward County had zoned the area M-3 and that it is a commercial zone. The signs were erected primarily to be read by the public traveling on Ravenwood Road. There are no spacing requirements of a thousand feet between advertising signs under the Florida law and that even if there were they had not been formerly charged with violating spacing requirements. Public Law 89-285, passed by the 89th Congress of the United States on October 22, 1965, allowed the states and the federal government to agree to set-back for signs nearer than 660 feet of the nearest edge of the right of way in areas zomed industrial or commercial. The agreement between the Governor and the federal government made provisions for local governments to regulate size, lighting and spacing requirements. That in fact the ratification of the Governor's Agreenent under Section 479.02 is not the enactment of a law. The Petitioner has in fact issued permits to others after signs have been constructed and should issue a permit for subject signs to Respondent. At the subject hearing the attorneys for both parties indicated that they desired to submit a Memorandum of Law but neither party submitted a memorandum.
Recommendation Require the Respondent to remove its signs within thirty (30) days from the date of the Final Order. Invoke the penalties of Section 479.18 for violation of Chapter 479. The Department of Transportation has ample enforcement power to remove the signs under Section 479.02 aside from the agreement: Brazil v. Division of Administration, 347 So.2d 755. See also Section 335.13 which states in part: "(1) No person shall erect any billboard or advertisement adjacent to the right-of-way of the state highway system, outside the corporate limits of any city or town, except as provided for in chapter 479." DONE and ORDERED this 5th 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 Robert D. Korner, Esquire 4790 Tamiami Trail W. 8th Street Coral Gables, Florida 33134
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
The Issue Whether the Respondent violated Chapter 479, Florida Statutes, by failure to obtain a state permit and whether Respondent is in violation of federal and state laws, rules and regulations applicable to outdoor advertising signs concerning setback and spacing restrictions.
Findings Of Fact A notice of alleged violation of Chapter 479 and Section 335.13 and Section 339.301, Florida Statutes, and notice to show cause was furnished Petitioner by certified mail dated the 16th day of December, 1976, and stamped at the Lamont, Florida Post Office December 18, 1976. The following signs are the subject of this hearing: A sign with copy reading "Pecans 3-lbs. $1.50" with an additional sign attached underneath reading "53.9" located at 1 and 6/10 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Pecans Fresh Shell $1.99) located 1 and 9/10 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Pecans 3-lbs. $1.50" located 2 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Exit Now Pecans Fresh Shell $1.99" located 2.05 miles west of Madison County line on Highway Interstate 10. A sign with copy reading "Exit Now Pecans 3-lbs. $1.50" located 2.2 miles west of Madison County line on Highway Interstate 10. No permits were secured for any of the signs which were erected subsequent to December, 1976, and visible from Highway Interstate 10 on the north side thereof. Each sign is outside an urban area. The distance and space between signs numbers 2, 3, 4 and 5 each is less than one thousand feet. Sign number 1 has the number 53.9 underneath the message advertising pecans. This number relates to the price of gasoline sold at Respondent's store wherein he sells gasoline and pecans among other things. Sign number 1 is approximately 15 feet from the fence line at the north boundary of 1-10; sign number 2 is located approximately 15 feet from the fence line on the north boundary of 1-10; sign number 3 is located approximately 15 feet from the fence line on the north boundary of 1-10; sign number 4 is located approximately 15 feet from the right-of-way line, the fence, on the north side of 1-10; sign number 5 is approximately 2 feet from the fence line on the north side of 1-10. Sign number 5 is within the offramp section of the interchange of 1-10 and State Road 257. The subject signs stand fully visible approximately 15 feet from the fence which is the north boundary line of Interstate 10 a federal aid primary highway except sign number 5 which is less than 15 feet from Interstate 10. They are placed in an old grove in which there are less than 20 old pecan trees which do not produce the product advertised for sale. The subject signs advertise pecans that are sold at the business of Respondent which is a distance of at least 3/4 of a mile from the nearest sign.
Recommendation Take such action as the law permits including but not limited to the removal of subject signs. DONE and ORDERED this 30th day of March, 1977, at Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 530 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of March, 1977. COPIES FURNISHED: Philip S. Bennett, Esquire Ben H. Ervin, Esquire George L. Waas, Esquire 850 South Waukeenah Street Department of Transportation Monticello, Florida 32344 Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. J. E. Jordan District Sign Coordinator, DOT Post Office Box 607 Chipley, Florida 32428 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN RE: FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CASE NO. 77-001T LYMAN WALKER, III, Respondent. /
Findings Of Fact The sign in question is located .17 mile east of State Road 46 on the east bound side of Interstate 4 in Seminole County. The sign is a two-sided sign bearing the McDonald's logo and name, mounted on the top of a high monopole located adjacent to the interchange ramp 56 feet from the highway right of way. The sign is visible from the main traveled way of both lanes of the interstate highway. The Respondent, McDonald's, obtained a permit from Seminole County for the erection of the sign but did not apply to the Department for an outdoor advertising permit. The subject sign was noticed for violation on April 15, 1986, for having no State permit, for violating the spacing rules for signs on interstate highways, and for being within 500 feet of a restricted interchange. The McDonald's restaurant, owned by the Respondent and advertised by the subject sign, is located on a 1.6 acre parcel of land with 250 feet of frontage on Heckman Drive and approximately 425 feet deep. Heckman Drive runs north and south parallel to Interstate 4 and intersects State Road 46 east of Interstate 4. From the 1.6 acre parcel of land, a "7" shaped piece of land 10 feet wide runs over 400 feet to the north and approximately 160 feet to the west to a point 56 feet from the right of way of Interstate 4 where the subject sign is erected. The strip of property is not developed and contains no buildings or structures except the subject sign. There is no activity currently at the sign site. A drainage ditch separates the sign from the restaurant and a power line right of way intersects the strip. McDonald's offered a plan to use the connecting property for pedestrian walkway. No contracts were introduced showing any planned development in accordance with the plans presented.
Recommendation Having found that the subject sign is in violation of Section 479.07, Florida Statutes, and fails to qualify for the exemptions of Section 479.16 and may not be permitted because it violates the provisions of Section 479.07(9)(a), Section 479.11, Florida Statutes, and Rule 14-10.09, Florida Administrative Code, it is RECOMMENDED that the Department enter a Final Order directing the Respondent to remove the subject sign and give the Respondent notice that if the sign is not removed within 30 days, the Department will remove the sign and take action to recover the cost of removal from the Respondent. DONE and ORDERED this 16th day of February, 1987, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 16th day of February, 1987. COPIES FURNISHED: Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 Jerry B. Smith, Esquire Post Office Box 9166 Coral Springs, Florida 33075 Frederick B. Karl, Jr., Esquire COBB & COLE Post Office Box 191 Daytona Beach, Florida 32015 Kaye Henderson, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 Thomas Bateman, Esquire General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 =================================================================
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
