Findings Of Fact In May and June of 1983 the Department received in its district office in Chipley, Florida, applications for four permits for outdoor advertising signs to be located adjacent to I-10, approximately one mile west of S.R. 285, in Walton County, Florida. Two of these applications requested permits to erect a two-faced, back-to-back structure on I-10, 4,262 feet west of S.R. 285, and two of these applications sought permits to erect a two-faced, back-to-back structure on I-10, 5,262 feet west of S.R. 285. These permit applications stated that the locations requested were in a commercial or industrial area within 800 feet of a business. The Department's outdoor advertising inspector approved these permit applications in June of 1983. When he visited the sites he found a small building, approximately eight to ten feet by approximately ten to twelve feet in dimension, situated at a point 300 feet from one of the sign sites and 700 feet from the other site. There was a pile of steel lying on the ground adjacent to this building. He was told by the Respondent's president that the Respondent's plan was to put an office on the site, and a building on which to work on signs and to store material. On the basis of his inspection of the site, coupled with these representations of the Respondent's president, the inspector approved the four applications for sign permits. Subsequently, in 1984 after the permits had been issued, the small building had been removed and was replaced by a shed and another small building. However, in 1983 at the time the applications for permits were submitted, the site where the business activity was planned did not have telephone service, nor did this location have any mailing address, and there were no employees of the Respondent on the site until 1984. The Respondent obtained this location for the purpose and with the intent of locating its sign business thereon, but when the permit applications were submitted the site had not yet become a commercial location. Much of the evidence presented by both sides at the hearing concerned activities conducted at the location between the two sign sites subsequent to the time when the permit applications were submitted. However, this is irrelevant. The salient facts are that the president of the Respondent knew that a business activity within 800 feet of the sign site was required in order to obtain lawful permits; he intended to establish his own sign business at a location between the two sign sites which would comply with the permitting requirements; but in June of 1983 when the permit applications were submitted, there was not then in existence any business activity within 800 feet of the proposed sign sites. Thus, the statement of the Respondent on its applications that the proposed sign sites were in an unzoned commercial area within 800 feet of a business was false, and the Respondent's president knew this when he submitted the applications.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AJ511-12, AJ510-12, AJ509-12 and AJ508- 12, held by Reese Outdoor Displays, Inc., be revoked, and the signs which were erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 20th day of May, 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 20th day of May, 1985. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 George Ralph Miller, Esquire P.O. Box 687 DeFuniak Springs, Florida 32433 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue Whether Respondent is in violation of the state and federal laws, rules and regulations by enlarging, lighting and changing copy on a privileged sign without obtaining a permit for a sign less than 660 feet from the nearest edge of an interstate highway.
Findings Of Fact A formal notice of violation was given Mr. R. Armstrong on October 27, 1975, notifying him that he was in violation of Chapter 479 and Section 335.13 and Section 339.301, Florida Statutes, as well as Chapter 1, Title 23, Subparagraph G, U.S.C., inasmuch as no application for a sign permit was made and the Respondent changed, enlarged, and lighted a sign formerly owned by the Callahan Chamber of Commerce. The sign is nearer than 660 feet of the nearest edge of the right-of-way of Interstate 95, a Federal Aid Highway. The sign was first lighted on August 27, 1975 and continues to be lighted. A sign in the approximate location had been allowed to stand as a privileged sign. Copy thereon read: "Next Exit, U.S. 301 North, Callahan Chamber of Commerce." This sign was changed by the Respondent from a 16 X 62 foot sign to a 20 X 62 foot sign. Lights were added and the power turned on August 27, 1975 according to the records of the Florida Light and Power Company. The sign had been transferred to the Respondent and copy changed to read: "Shell Gas." The sign is located on State Road 8 (I-95) 12.65 miles of North Dunn Avenue. Said sign has no permit and no permit was applied for, and it is in violation of the setback requirements of Section 479.11, Florida Statutes.
Recommendation Remove subject sign if said sign has not been removed by the owner within ten (10) days after the entry of the final order herein. DONE and ORDERED this 5th day of January, 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. R. Armstrong Shell Service Post Office Box 2 Yulee, Florida 32097 Mr. Frank Whitesell Post Office Box 1089 Lake City, Florida 32055 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Findings Of Fact On June 22, 1981, Lamar Advertising Company applied to the Department of Transportation for a permit to erect a sign facing east, 0.3 mile east of the intersection of Interstate 10 and U.S. 90, outside the city limits of Pensacola, in Escambia County, Florida. Interstate 10 in Escambia County is part of the Federal Interstate Highway System. Attached to the application was a sketch showing the proposed sign location to be in the area between the water and U.S. 90, on the south side of Interstate 10. At this interchange, all access roads are west of U.S. 90, north and south of I-10. Because the Department did not have an inspector on duty in Escambia County, the field inspection of the proposed location was made by the Outdoor Advertising Supervisor for the Third District. He observed the area and found it to be on a downgrade with underbrush, making distance sighting difficult. Using the 0.3 mile location indicated on the application, and seeing no access ramps on the east side of U.S. 90, he considered the proposed location to be far enough from the interchange, but no measurements were actually made. As a result of this inspection, the permit application was approved on June 25, 1981. Shortly thereafter, while driving through the area heading east, the supervisor noted that 0.3 mile from U.S. 90 measured with his automobile speedometer would place the sign out in the bay. On July 21, 1981, this supervisor telephoned Lamar Advertising Company and advised that the permit had been issued in error. He met with the company on the following day, and after this meeting he sent a letter to Lamar Advertising Company confirming that the permit had been issued in error, and requesting its return. Lamar Advertising Company did not return the permit tag, and subsequently erected the sign facing east with the advertising copy not visible from the access ramp. The subject sign was erected in the area where the supervisor thought the sign would be, and at the approximate location shown on the sketch submitted with the application indicating a location 0.3 mile east of the nearest intersection. During a sign inventory conducted by the Department's inspector for Escambia County on August 28, 1981, the inspector observed that the undergrowth and trees had been cleared from the site, but that no sign had yet been erected. The manager of the Pensacola office of Lamar Advertising Company testified that the sign was erected during the last week in August of 1981, and that it was completely in place on the first day of September. The Department's supervisor observed that the sign had been recently erected sometime between the latter part of August and the first part of September. At a later date, this inspector was asked by the supervisor to check the location for the purpose of issuing a violation notice. On January 18, 1982, the inspector visited the site and made measurements. The sign is located approximately 95 feet from the limited access fence on I-10 and approximately 360 feet from the Exxon station on U.S. 90, and is 35 to 60 feet from the point of widening of the interchange, instead of 0.3 mile east of the interchange as the application stated. The advertising copy on the sign can be read by traffic traveling west on I-10. As a result of the measurements taken on this visit, notice of violation which is the subject of this proceeding was issued. The local manager of Lamar Advertising Company testified that materials for the sign in question had been purchased about the middle of July, and an advertising contract with Holiday Inn was executed on July 13, 1981, for the subject location. This contract has a substitute provision in paragraph 6 of the Standard Conditions, which states: . . .in the event Lamar is unable to deliver any portion of the service required in this contract. . .this contract shall not terminate. Credit shall be allowed to Advertiser at the standard rates of Lamar for such space or service for the period during which such space or service shall not be furnished. . .Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces to be reasonably approved by Advertiser. . .
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the sign owned by Lamar Advertising Company facing east on the south side of Interstate 10, east of U.S. 90, in Escambia County, Florida, be removed. DONE and RECOMMENDED this 26th day of May, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS 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 26th day of May, 1983. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Haydon Burns Bldg., M.S.58 Tallahassee, Florida 32301-8064 P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact The Petitioner has applied for a permit, and proposes to erect an outdoor advertising sign on the north side of SR 424A, 650 feet east of I-4, in Orange County, Florida. State Road 424A is also known as Fairbanks Avenue. This location is within 660 feet of Interstate 4, and the proposed sign would be visible to traffic on I-4. The Department of Transportation has issued a permit to Peterson Outdoor Advertising for an outdoor advertising sign located approximately 375 feet from the Petitioner's proposed signsite on the same side of I-4, and a sign has been erected by Peterson Outdoor Advertising at this point.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Cory Outdoor Advertising, Inc., for a permit to erect an outdoor advertising sign on the north side of SR 424A, 650 feet east of I-4, in Orange County, Florida, be denied. THIS RECOMMENDED ORDER entered this 28th day of February, 1986, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearing The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 28th day of February, 1986. COPIES FURNISHED: Gary E. Massey, Esquire 112 West Citrus Street Altamonte Springs, Florida 32714-2579 Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact Petitioner owns the sign located on the west side of and adjacent to U.S. Highway 331, approximately 5.5 miles north of the intersection of U.S. Highway 331 and U.S. Highway 90 in Walton County, Florida. The sign advertises a motel owned by Petitioner. The sign is important to the motel's business. The sign is required to have an outdoor advertising sign permit. U.S. Highway 331 is a Federal Aid Primary Highway and was a Federal Aid Primary Highway prior to the sign's erection. Walton County is operating under a duly adopted comprehensive plan. However, the State of Florida has not fully approved such plan and Walton County has not yet entered into a compliance agreement with the State in regards to its comprehensive plan. Pursuant to its comprehensive plan, Walton County utilizes a method of zoning known as "performance zoning", as opposed to the traditional "euclidian zoning". Performance zoning has specific regulations and restrictions for each type of use, and each type of use has to meet certain criteria. In essence, performance zoning allows mixed uses of certain zones within the county. Different areas of the county have different requirements regarding the development of such use in order to safeguard the integrity of the zoning plan. The specific area where the sign is located allows for commercial, industrial and residential use and is permitted by the zoning scheme of Walton County. In a general sense, residential as well as commercial and industrial use is allowed in all of the areas of Walton County north of U.S. Highway 90. This area constitutes approximately one-half of the county. However, zones contained within the areas of Walton County north of U.S. Highway 90 may differ in the circumstances and criteria of the zoning plan under which such uses would be permitted. Even though Walton County was comprehensively zoned, Respondent's previous administration treated Walton County as if it did not have zoning. Therefore, Respondent would have previously permitted the sign in question. However Respondent changed its treatment of Walton County because it had been cited by the Federal Highway Administration for its lax interpretation of zoned and unzoned commercial and industrial areas within the counties. The Federal Highway Administration threatened to withdraw federal highway monies if the Department did not begin to follow the language in its statutes and rules defining zoned and unzoned areas. The clear language of the Respondent's statutes and rules governing the permitting of outdoor advertising signs, as well as the threatened action of the Federal Highway Administration demonstrate the reasonableness of and the factual basis for the Department's change in its interpretation of zoned and unzoned areas within a county. In this case, it is clear that the sign is located in a zoned area and not in an unzoned area. The area in which the sign is located is not zoned commercial or industrial. The area is zoned for mixed use according to the performance zoning utilized by Walton County. Since the sign is not in an area zoned commercial or industrial, the sign is not permittable under Chapter 479, Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application for a permit to maintain a sign located on the west side of U.S. Highway 331, approximately 5.5 miles north of the intersection of U.S. Highway 331 and U.S. Highway 90 in Walton County, Florida, be denied. DONE and ENTERED this 5th day of June, 1991, at Tallahassee, Florida. DIANE CLEAVINGER 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 5th day of June, 1991. APPENDIX TO RECOMMENDED ORDER The facts contained in paragraphs 1, 2, 3, 4, 6, 7, and 8 of Petitioner's Proposed Recommended Order are adopted in substance, insofar as material. The facts contained in paragraphs 9 and 10 of Petitioner's Proposed Recommended Order are subordinate. The facts contained in paragraph 12 of Petitioner's Proposed Recommended Order were not shown by the evidence. The fact contained in paragraph 11 of Petitioner's Proposed Recommended Order are immaterial. The facts contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Respondent's Proposed Recommended Order are adopted in substance, insofar as material. The facts contained in paragraphs 13 and 14 of Respondent's Proposed Recommended order are subordinate. COPIES FURNISHED: William K. Jennings 119 E. Park Avenue Tallahassee, Florida 32301 Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Ben G. Watts, Secretary ATTN: Eleanor F. Turner, M.S. 58 Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams, Esquire Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0458
The Issue Whether the subject outdoor advertising signs are illegal because they were erected without state permits from Petitioner. Whether the subject signs should be removed. Whether Petitioner is equitably estopped to assert that the signs are illegal and should be removed.
Findings Of Fact Respondent owns and maintains an outdoor advertising sign located adjacent to Interstate 95 on Northwest 6th Court, which is between Northwest 75th Street and Northwest 76th Street, Miami, Dade County, Florida. For ease of reference, this sign will be referred to as the Interstate 95 sign. The Interstate 95 sign has two facings, each of which is visible from Interstate 95. The Interstate 95 sign is located within 147 feet of the right-of-way of Interstate 95. Respondent owns and maintains an outdoor advertising sign located adjacent to Interstate 395 at the corner of Northwest 14th Street and Northwest 1st Court, Miami, Dade County, Florida. For ease of reference, this sign will be referred to as the Interstate 395 sign. The Interstate 395 sign has two facings, each of which is visible from Interstate 395. The Interstate 395 sign is located within 240 feet of the right- of-way of Interstate 395. Eugene A. (Andy) Hancock, Jr., is the President of the corporate Respondent and, at the times pertinent to this proceeding, controlled the activities of Respondent. Mr. Hancock caused the corporate Respondent to lease the respective properties on which the subject signs are located in November 1998. He thereafter caused the corporate Respondent to erect the two double-faced signs at issue in this proceeding. The subject signs were constructed during September and October 1999. Each sign was constructed without a state permit from Petitioner. Each sign is within the permitting jurisdiction of Petitioner. Mr. Hancock testified that his company did not apply for permits from Petitioner because of a conversation he had with Bernard Davis, a former outdoor advertising administrator for Petitioner. Mr. Hancock testified that Mr. Davis represented to him that his company would not need permits from Petitioner if it had permits from the City of Miami. This testimony is rejected. 3/ Respondent has applied for state sign permits for the subject signs. Permits for these signs have not been issued because of their proximity to existing, permitted signs. 4/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding that the subject signs are illegal and must be removed pursuant to Section 479.105, Florida Statutes. DONE AND ENTERED this 6th day of February, 2001, 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 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of February, 2001.
Findings Of Fact The Respondent, Bill Salter Outdoor Advertising, Inc., was issued permits numbered AI625-10 and AI626-10 on or about February 15, 1983. These permits were for the erection of signs on the north side of I-10, approximately .65 mile west of SR 297, in Escambia County, Florida. They were issued because of the proximity of a welding business noted on a sketch attached to the applications submitted by the Respondent. The Respondent submitted the applications and the attached sketch for these permits, and designated on the applications that the sign location would be in an unzoned area within 800 feet of a business. The sketch shows what is designated as a welding business to be within 800 feet of the proposed sign location. On each of these applications the Respondent certified that the signs would meet all requirements of Chapter 479 of the Florida Statutes. Prior to the issuance of these permits, the subject site was inspected by the Department's outdoor advertising inspector, who approved the applications because of the existence of what was believed to be a welding shop nearby the proposed sign location. This inspector was looking for a welding shop because one was indicated to be there by the sketch attached to the applications. What she saw was some welding being done on the property where the welding business was shown on the sketch to be. This could be seen from the interstate. Apparently because the inspector expected to find a welding business near the proposed sign site as represented on the Respondent's applications, it was concluded that such a business existed there, and the applications were approved. However, the occupant of the subject property has lived there all his life, and has never operated a welding business. He has only done welding on this site once, when he welded a bumper onto a truck. This took ten to fifteen minutes to complete. The photographs which were received in evidence show his property, and the area depicted was substantially the same in 1983 as when the photos were taken. The general appearance of this area is residential or rural in nature, and not commercial. It is visible to traffic on I-10. The adjacent property is leased by Pensacola Outdoor Advertising. This property has a building on it which bears a small sign reading "Pensacola Outdoor Adv." and the telephone number. This building was leased by Pensacola Outdoor Advertising in February of 1984, and was not used for any business purpose when the permit applications were submitted. This property is also visible from I-10. However, when the Respondent applied for the subject permits there was no business activity being conducted within 800 feet of the proposed sign location. Therefore, the Department's inspector made a mistake in approving the Respondent's applications for this site. In May of 1984 the Department issued its violation letter advising the Respondent that the subject sign permits were being revoked.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AI625-10 and AI626-10 held by the Respondent, Bill Salter Outdoor Advertising, Inc,, authorizing signs on the north side of I-10, approximately .65 mile west of SR 297 in Escambia County, Florida, be revoked, and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 31st day of October, 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 31st day of October, 1985. APPENDIX TO RECOMMENDED ORDER, CASE NO. 85-4175T Petitioner's Proposed Findings of Fact: Accepted. Accepted. Accepted. Respondent's Proposed Findings of Fact: Accepted Rejected. Accepted. Rejected, as contrary to the weight of the evidence. Rejected, as contrary to the weight of the evidence, except for the grant of field approval of the permits which is accepted. Accepted, except for cost of erection of the sign which is rejected as irrelevant. Rejected, as irrelevant. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Accepted. COPIES FURNISHED: Charles G. Gardner, Esquire Hayden Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire P. O. Box 12308 Pensacola, Florida 32581 Honorable Thomas E. Drawdy Secretary Department of Transportation Hayden Burns Bldg. Tallahassee, Florida 32301
The Issue Whether the Holmes County Commission zoned the area around the intersection of I-10 and State Road 79 primarily for the purpose of permitting outdoor advertising structures? Whether the DOT may deviate with explanation from the plain meaning of its rule as set forth in Best Western I, or must adhere to the legislative mandate in Chapter 84-173, Laws of Florida to follow its rules?
Findings Of Fact Based upon the stipulation of the parties, the following findings of fact are made: The advertising structures at issue are outdoor advertising signs. (T. 25.) Said signs are located within 600 feet of Interstate Highway 10 (I-10) in Holmes County, Florida. (T. 25.) Said signs are located as follow: On I-10 1.0 mile east of State Road 79, facing east (Case No. 82-391T) On I-10 0.51 mile west of State Road 79, facing west (Case No. 82-392T) On I-10 0.83 mile east of State Road 79, facing east (Case No. 82-393T) On I-10 0.75 mile west of State Road 79, facing west (Case No. 82-394T) Said signs are located outside the limits of any incorporated cities. (T. 25.) I-10 is an interstate highway. (T. 25.) At the site of the signs, I-10 was opened and designated an interstate highway prior to the time the subject signs were constructed. (T. 25.) The signs do not have an outdoor advertising permit. (T. 25.) Petitioners have made application for permits for each sign. (T. 25.) The copy on each sign can be read from the main traveled way of I-10. (T. 25.) Holmes County has duly adopted a comprehensive land use plan and by ordinance zoned the areas where the subject signs are located as a commercial area. (T. 26, 13.) The zoning action by Holmes County was part of comprehensive zoning. The Department of Transportation (Department) disapproved the applications because it determined initially that the zoning of the area was unacceptable to the Department for permitting signs. Best Western Tivoli Inn belongs to Bonifay Tivoli, Limited, a partnership of Jack Hirschon and Joseph Beatty, who are the actual Petitioners in Cases No. 82-391T and 82-392T. (T. 26.)
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of Transportation approve the applications of the Petitioners for outdoor advertising permits for the subject signs. DONE and ORDERED this 12th day of October, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 12th day of October, 1982. COPIES FURNISHED: Gerald Holley, Esquire Post Office Box 268 Chipley, Florida 32428 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Tallahassee, Florida 32301 Paul N. Pappas, Secretary Department of Transportation 605 Suwannee Street Tallahassee, Florida 32301
The Issue At issue herein is whether or not the Petitioner is entitled to an order, requiring the removal of two signs involved herein which are owned by Respondent, pursuant to the Highway Beautification Act or Chapter 479, Florida Statutes, and if so, whether or not the Respondent is entitled to compensation from Petitioner for the value of such signs.
Findings Of Fact Based upon the testimony adduced at the hearing, the documentary evidence received, and the entire record compiled herein, the following relevant facts are found. At the commencement of the hearing, the parties stipulated that the Respondent, National Advertising Company, is the owner of certain outdoor advertising signs located in the City of Jacksonville, Florida. The parties also stipulated that Interstate 95 is part of the interstate highway system; that the two signs in question can be seen from Interstate 95 and the signs are located within 660 feet of the road's right-of-way. The parties also stipulated that only the poles which are used to erect the signs were in place prior to midnight on December 8, 1971. It appears that the poles were erected sometime during 1968, and that faces were added to the poles during the spring of 1972. The signs are located at .43 miles North of Pecan Park Road and .73 miles North of Pecan Park Road, respectively, adjacent to Interstate percent Highway 95. The Petitioner, Florida Department of Transportation, takes the position that since the faces were not on the signs prior to midnight on December 8, 1981, pursuant to Chapter 479, Florida Statutes, it is entitled to the entry of an order requiring removal of the signs by Respondent without any compensation for the signs whatsoever. Respondent, through counsel, moved that the hearing be dismissed on the ground that the Division of Administrative Hearings lacked jurisdiction to hear such matters, in that the signs may be removed only by proceeding under Florida's eminent domain law. 2/ It is undisputed that the signs involved are located within prohibited distances as provided in Chapter; 479.11, Florida Statutes. They are, therefore, a nonconforming structure as provided for within the terms of Chapter 479, Florida Statutes. In view of the stipulated facts, the structures involved herein do not constitute signs within the meaning of Chapter 479, Florida Statutes, since prior to midnight on December 8, 1971, all that existed of those structures were poles. See A. W. Lee, Jr. v. Reubin O'D. Askew, Case No.2-1798 (2nd DCA, 1979). Within the next year, however, Respondent erected advertising displays which had informative contents that were visible from the main traveled way. At that point, the structures herein became nonconforming outdoor advertising signs and were thereafter required to comply with pertinent State law in effect on that date.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Petitioner, upon removal of the signs, remit to the Respondent compensation in the amount of the actual replacement value of the materials used in the signs. It is further recommended that compensation be made pursuant to the State's eminent domain procedures. 3/ 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 25th day of September, 1981.
Findings Of Fact Based upon the testimony adduced at the hearing, the documentary evidence received, and the entire record compiled herein, and after consideration of the parties' memoranda, the following relevant facts are found. 1/ At the commencement of the hearing, the parties stipulated that the Respondent is the owner of three outdoor advertising signs located in the City of Jacksonville, Florida; that I-95 is part of the Interstate highway system; that the signs are located within the prohibited distances sat forth in Chapter 479.11, Florida Statutes, and that the signs are constructed to be seen from the main-traveled way of the interstate highway. It appears that the poles and stringers were erected some weeks prior to the December 8, 1971 moratorium for sign construction adjacent to certain roadways, and that a face was added to the signs during the Spring of 1972. The signs are located approximately 3.07 miles North of Pecan Park Road; 2.29 miles North of Pecan Park Road; and 1.02 miles North of Pecan Park Road, adjacent to Interstate Highway 95. (By stipulation of the parties, and testimony of Jack L. Foster, outdoor inspector for Petitioner.) Inspector Foster, as part of his official duties, inspected and first became aware of the poles for the signs in question within a few weeks following the December 8, 1971 moratorium. At that time, at least one of the signs had only three poles erected, and the remaining two had the required six poles in place. Periodic visits to the bite of the stringers by Inspector Foster revealed that on July 13, 1972, two advertising faces had been placed on the signs located at 1.02 and 3.07 miles North of Pecan Park Road. A subsequent visit during the following week, i.e., on July 18, 1972, revealed that the remaining advertising display had been placed on the remaining sign. Based on Inspector Foster's examination of the zoning and building requirements for the City of Jacksonville, he observed that the subject signs could not be permitted because they failed to satisfy the city's zoning requirements. (Petitioner's Exhibits A, B, C, and D which were received into evidence over objection of Respondent's counsel.) At the conclusion of Petitioner's case, Respondent, through its counsel, moved for a dismissal on the ground that the Division of Administrative Hearings lacked jurisdiction over such matters inasmuch as the Division lacked authority, pursuant to Chapter 479.24(2), Florida Statutes, to order removal of the signs in question from real property under Florida's eminent domain law. 2/
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the Petitioner enter a final order authorizing it to remove the signs in question. Upon removal of the signs, it is further RECOMMENDED that Petitioner remit to Respondent, compensation to the extent of the materials used for construction of the signs in keeping with the State's eminent domain Procedures set forth in Chapters 73 and 74, Florida Statutes. 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 28th day of September, 1981.
