The Issue Whether the Respondent erected and maintained outdoor advertising signs without a proper permit and in violation of the set-back laws of Chapter 479, Florida Statutes.
Findings Of Fact Respondent erected an outdoor advertising sign approximately one (1) mile east of State Road 79 on the north side of Interstate 10 right-of-way. The copy on the face of the sign read: "Rich's Truck Stop, Restaurant, Travel Park, CB Radio Shop, Texaco, This Exit." The distance from the sign to the nearest edge of the pavement of I-10 was approximately two hundred thirty-one (231) feet. The Respondent, Mr. Rich, speaking for the partnership Rich Oil Company admitted that the sign was located as stated in the violation notice. The sign was located in a rural area not zoned by a city or by a county. Respondent erected a second sign located approximately .5 of a mile west of Florida Secondary 181 on the north side of I-10 right-of-way. The sign is painted on the side of a trailer. The size of the sign is nine (9) feet high and forty (40) feet long. The copy states: "Rich's Truck Stop, Exit Highway 79, Marker 111, Open 24 Hours, Restaurant, Camping, Texaco." The trailer with the sign on it is located approximately one hundred three (103) feet from the nearest edge of the pavement of I-10. The trailer with the sign painted on it is standing in a pasture in a rural unzoned area. The Respondent Mr. Rich agreed as to the approximate location of the subject sign. No application for permit was made by the Respondent for either of the two subject signs. Respondent received a Violation Notice from Petitioner stating the signs were in violation of the set-back regulations and were in violation of the statute requiring a state permit. Contrary to the contentions of Respondent, the Hearing Officer finds that both of the signs which are the subject of this hearing and herein described are in fact "signs." The second described sign painted on the side of a trailer is a "sign" within the standard definition "a lettered board or other display used to identify or advertise a place of business," Webster's New Collegiate Dictionary, Copyright 1974 by G. and C. Merriam Company.
Recommendation Remove both of the subject signs within ten (10) days of the issuance of the Final Order unless said signs have been previously removed by the Respondent. DONE and ORDERED this 1st 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: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Tallahassee, Florida 32304 Russell A. Cole, Jr., Esquire 123 North Oklahoma Street Bonifay, Florida 32425 Mr. Glen E. Rich Rich Oil Company U.S. 90 West Bonifay, Florida 32425 Mr. J. E. Jordan District Sign Coordinator Post Office Box 607 Chipley, Florida 32428
The Issue The issue is whether the Outdoor Advertising Permits AG820-2 and AG821-2 issued to Respondent, Headrick Outdoor Advertising, (Headrick) should be revoked because Headrick no longer has the permission of the property owner to maintain the subject sign at that location. The Department of Transportation (DOT) presented the testimony of Jack Culpepper and Phillip N. Brown, together with four exhibits admitted into evidence. Headrick presented the testimony of James K. Baughman and had one exhibit admitted into evidence. At the conclusion of the proceedings, the parties agreed that their proposed orders would be filed ten (10) days following filing of the transcript. The transcript was filed on April 22, 1982. Both parties have failed to file proposed orders within ten days following filing of the transcript. Accordingly, this Recommended Order is entered without consideration of any proposed findings of fact or conclusions of law proposed by the parties.
Findings Of Fact Headrick Outdoor Advertising is the holder of permits AG820-2 and AG821-2 located on U.S. 29, three miles north of Alternate 90, in Escambia County, Florida. These permits were originally issued to Western Gate Sign Company in 1982. The permits were subsequently purchased by Headrick Outdoor Advertising. On November 20, 1985, DOT received a letter from Frances E. Hampton, the owner of the property on which the signs had been placed, indicating that the lease with Western Gate Sign Company was signed by an unauthorized person and that a subsequent lease dated October, 1984, had been entered into with Franklin Sign Company. Upon receipt of this letter, DOT wrote a letter to Headrick Outdoor Advertising, giving Headrick thirty days to show cause why its permits should not be revoked because they did not have the continuing permission of the owner. In response to that letter, Headrick requested this formal administrative hearing. Headrick did not present any evidence to DOT prior to this proceeding or in this proceeding which established any continuing permission of the owner. Headrick did introduce a document entitled Land Lease Agreement between Frances E. Hampton and Headrick to erect a sign in the subject location. However, this document contained no date and it therefore cannot be determined when the lease was entered into and the time periods covered by the lease. By Mr. Baughman's own admission, Headrick does not currently have permission of the landowner, having released the landowner from all leases during the pendency of this case. The lease agreement which Headrick introduced was admittedly not signed until some time in 1986.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits AG820-2 and AG821-2 be revoked. DONE AND ENTERED this 11th day of May, 1987, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of May, 1987. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 James K. Baughman, Sr. Headrick Outdoor, Inc. 808 Brainerd Street Pensacola, Florida 32503 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064
Findings Of Fact The sign owned by Westby Corporation located on U.S. 17, 12.32 miles north of S.R. 70, has no valid permit and the land on which the sign is located is zoned for agricultural use, A-1. Hardee County zoning regulations do not authorize erection of signs on A-1 zoned property. The license fee was last paid for this sign in 1969. U.S. 17 is a federal-aid primary highway.
Findings Of Fact A notice was sent to the Respondent on the 11th day of May, 1977, alleging violation of Section 479.07(1), 479.11(1), Florida Statutes, for the reason that the sign owned by the Respondent had no permit attached thereto and was located within 15 feet of the right of way of the secondary road. Respondent's sign is painted on a guard rail which had been erected in front of the residence which stood at the east/west end of the intersection or "T" of State Road 707 and State Road 707A. The copy on the sign which was in two parts read: "Indian River Beverage Deli Take-out Catering" and a telephone number "333-5600--1 1/2 miles South" with an arrow indicating a southerly direction. The immediate area of the residence protected by the guard rail includes a parking lot and a trailer park. The sign advertises the business of the Respondent located 1 1/2 miles from the zone. The sign is approximately 6 feet from the edge of the pavement of the secondary road. No permit was applied for or secured before the sign was painted on the guard rail. Petitioner contends that the sign must be removed inasmuch as it sits less than 15 feet from the edge of the paved secondary road and that no permit was applied for or secured. Respondent contends that he assumed that the owner of the guard rail had gotten a permit to erect the guard rail and that the guard rail was erected to protect the house inasmuch as the house had been invaded by traveling automobiles seven times in seven years. He further contended that the sign was all dirty and rusty, and he made an agreement with the owner of the property to paint the sign and that it was sandblasted, cleaned up and painted in white and made traveling on the state road safer as well as advertising his establishment.
Recommendation Remove the sign unless it has been removed within five (5) days after final order is issued. DONE and ENTERED this 19th day of December, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Martin K. Hawthorne Indian River Beverage, Inc. 2222 Indian River Drive Jensen Beach, Florida 33457
Findings Of Fact The Respondent's sign which is the subject of this proceeding was erected on Bennett Road, approximately 280 feet north of the intersection of Bennett Road with State Road 50, in Orange County, Florida. This location is approximately 1.4 miles west of SR 436, as alleged in the violation notice. The subject sign is located on the west side of Bennett Road facing north and south which is parallel to State Road 50. State Road 50 is a federal-aid primary highway. Bennett Road is a non-controlled road. The parties stipulated that it was the position of personnel of the Fifth District of the Department of Transportation prior to May of 1985 that state permits for outdoor advertising structures were not required when such structures were to be erected on a non-controlled highway, although said structures might be within 660 feet of a federal- aid primary highway. In 1984, the Respondent had applied for a permit to erect a sign along a non-controlled road within 660feet of a federal-aid primary highway, and had been advised by Department personnel that a state permit was not required (See Case No. 85- 3017T which was heard contemporaneously with the subject case). The sign which is the subject of this proceeding was erected without a permit based on the Respondent's knowledge of the Department's position that a permit was not required, as expressed to the Respondent previously in 1984. The subject sign is visible to traffic on State Road 50, although it is perpendicular to Bennett Road and parallel to State Road 50. There is another permitted sign owned by National Advertising Company located on the north side of State Road 50, east of the Bennett Road intersection, approximately 114 feet from the subject sign. The National sign faces east and west, not north and south, and it is not on Bennett Road. Another permitted sign owned by Peterson Outdoor Advertising is located on the north side of State Road 50, approximately 475 feet west of the Bennett Road intersection. This sign faces east and west, not north and south as the subject sign does, and it is not on Bennett Road as the subject sign is.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the charges against the Respondent, Peterson Outdoor Advertising Corporation, in the violation notice issued on August 21, 1985, be dismissed, and that the sign which is the subject of this proceeding be given the classification of non-conforming sign. THIS RECOMMENDED ORDER entered on this 23rd day of October, 1986, 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 23rd day of October, 1986. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, MS-58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802-2151 Thomas Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 A. J. Spalla General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32301 =================================================================
Recommendation That the allegations against Respondent be dismissed. DONE and ENTERED this 13th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Phillip Bennett, Esquire Department of Transportation Room 562, Haydon Burns Building Tallahassee, Florida 32304 Regis Reasbeck, Esquire 6011 Rodman Street Hollywood, Florida
Findings Of Fact Bay Colony Property Owner's Association, Respondent, is the owner of the sign depicted in Exhibit 1 located on the west side of U.S. 19, 15 feet north of Eighth Avenue Boulevard West, Palmetto, Florida. No permit has ever been issued for this sign. DOT is the state agency charged with the responsibility of enforcing statutes and rules regulating outdoor advertising signs. U.S. 19 is a federal aid primary highway. The sign in issue is an outdoor advertising sign as that term is defined in Section 479.01(14), Florida Statutes (1989). On April 4, 1975, Palmetto County issued Respondent a building permit to erect a sign in the same general location as the existing sign. Bay Colony had maintained a large billboard at this approximate location sometime before 1969. By 1975, the lumber and timbers in the billboard had rotted and required replacement. No evidence was presented that a state permit was ever issued for the original billboard. The existing sign was removed by county officials when a drain line was placed under U.S. 19 and replaced with a strengthened base when the work was completed. On one occasion during the last few years, the sign was demolished by vandals and replaced at a slightly different location. The sign is on private property owned by a Van Hoogen who lives in New Hampshire. The property owner's permission for the use of this site is not an issue in these proceedings. There exists a permitted sign some 570 feet from Respondent's sign located on the same side of U.S. 19 and visible from the same direction as Respondent's sign.
Recommendation It is recommended that a final order be entered requiring Respondent to remove its sign along U.S. 19, 15 feet north of Eighth Avenue Boulevard West, Palmetto, Florida. DONE and ENTERED this 4th day of May, 1990, in Tallahassee, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of May, 1990. COPIES FURNISHED: Frank J. Seiz 481 Palmetto Point Road Palmetto, FL 34221-9721 Rivers Buford, Esquire Department of Transportation 605 Suwanee Street Tallahassee, FL 32399-0458 John Stein Bay Colony Property Owners Association 5007 Beacon Road Palmetto, FL 34221 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwanee Street Tallahassee, FL 32399-0458 Robert Scanlon, Esquire General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, FL 32399-0458
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.
Findings Of Fact In March of 1984 the Respondent applied to the Department for a permit to erect a sign facing east at the location in question in this proceeding. The actual location proposed was 350 feet from the right-of-way of U.S. 17/92/441, adjacent to Oak Ridge Road, in Orange County, Florida. U.S. 17/92/441 is a federal-aid primary highway. Oak Ridge Road is a non-controlled road. There is another sign owned by the Respondent located 20 to 25 feet from the subject sign, but there is no evidence in the record to show which direction this other sign faces, or whether the two signs are on the same side of the highway. By memorandum dated April 5, 1984, the Department returned the Respondent's application for the reason that the sign location requested "is not on a federal-aid primary highway", and the Respondent "need only comply with local regulations". This memorandum stated further that "a state sign permit is not required" to locate a sign at the subject site. The application submitted by the Respondent in March of 1984 was returned with the notation on it that the proposed sign "need only comply with local regulations". Based upon the Department's response to its permit application, the Respondent erected its sign at the location where its application sought a permit. The sign that was erected is visible to traffic on U.S. 17/92/441, although it is parallel to U.S. 17/82/441 and at right angles to Oak Ridge Road. The notice of violation issued for the subject sign in July of 1985 seeks removal of this sign for not having the permit which the Respondent had applied for in 1984. The parties stipulated that it was the position of personnel of the Fifth District of the Department of Transportation prior to May of 1985 that state permits for outdoor advertising structures were not required when such structures were to be erected on a non-controlled highway, although said structures might be within 660 feet of a federal- aid primary highway. It was as a result of this erroneous interpretation of the applicable statutes and rules that the Respondent's application for a permit was returned in April of 1984 with the notation on it that a permit was not required. This erroneous interpretation allowed the Respondent's sign to be built.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the charges against the Respondent, Peterson Outdoor Advertising Corporation, in the violation notice issued on July 26, 1985, be dismissed, and that the sign which is the subject of this proceeding be given the classification of non-conforming sign. THIS RECOMMENDED ORDER entered on this 23rd day of October, 1986, 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 23rd day of October, 1986. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, MS-58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802-2151 Thomas Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 A. J. Spalla General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32301 =================================================================
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
