Findings Of Fact Violation notices for two signs owned by Petitioner were issued and were the subject of this hearing. Subsequent to the taking of the testimony but prior to the close of the record, the Respondent, Florida Department of Transportation, withdrew its complaint against Petitioner, Peterson Outdoor Advertising, on one of the signs, to wit: Board No. 92 located 4.4 miles north of State Road 404, Highway A1A, n/b with copy "Bank Services" for which a violation notice was issued the 14th day of March, 1977. The violation notice issued against Peterson Outdoor Advertising Corporation on Board No. 3297 located at 1.07 miles south of State Road 520 on Highway 1-95, M.P. 37.10 with copy "Seaworld" is the subject of this hearing. The violation notice cited Petitioner for violation of Section 479.07(1), no permit. Petitioner had a sign located in the approximate location of the sign now cited in violation. The sign was badly damaged by what was apparently an act of God, a windstorm. Most of the sign was destroyed as shown by Petitioner's Exhibit 1, a photograph taken in January of 1977. The sign had been constructed with six inch by eight inch beans and a plywood face. The height of the sign was approximately six feet. There were Peterson identifiers on part of the structure that was left standing. A new structure was erected at the approximate same location. Round poles for the supporting structure were erected. The new sign of new materials was built and the elevation of the new sign is approximately twenty feet in height. The State's Exhibits 2 and 3, photos taken on February 4, 1977, show the new structure, Exhibit 2 showing new round poles and the State's Exhibit 3 showing a sign approximately twenty feet in height advertising "Florida's Best Entertainment Value SEAWORLD. On 4 Between Orlando & Walt Disney World" as copy. The State's Exhibit 1 shows the remains of the old sign in the approximate location. The new sign, which is the sign of this hearing, carries the same permit nunber that the prior destroyed sign carried on one of the posts of the structure. The Respondent, Department of Transportation, contends: that no permit was applied for or obtained for the subject sign; that the old sign in the approximate same location was destroyed by an act of God and a new sign was rebuilt in the approximate location without a permit; that the old sign was erected with square poles and to a height of about six feet whereas the new sign was erected with round poles and with a height of approximately 20 feet; that the permit displayed on the new sign is the permit that had been issued to the old destroyed sign and when the sign was blown down the permit expired and should not have been placed on the new sign by the Petitioner, Peterson Outdoor Advertising. Petitioner, Peterson Outdoor Advertising, contends: that no one saw the old sign fall and it is a mere conclusion that it blew down; that it has a permit on it. The Proposed Recommended Order of Petitioner has been considered in the preparation of this Order.
Recommendation Remove the sign, Board No. 32-97. DONE and ORDERED this day of July, 19'77, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building Room 503 Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of July, 1977. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire 115 East Morse Boulevard Post Office Box 539 Winter Park, Florida 32790
The Issue Whether the outdoor advertising signs of Respondent are in violation of Florida Statute 479.07(1), sign being erected without a State permit. Whether the subject signs are in violation of the setback requirements of Section 479.11, Florida Statutes. Whether subject signs are new and different signs inasmuch as they have new copy, are materially elevated from the location of the previous signs and have catwalks and lights added, thus requiring a new application and permit. Whether subject signs are in violation of federal and State laws, rules and regulations and should be removed. Whether the federal regulations adopted in Section 479.02, F.S., would have to be adopted as a rule under Chapter 120, F.S.
Findings Of Fact The Respondent sign company has a sign located approximately 12.81 miles north of Dunn Avenue on the east side of I-95 facing south containing the following copy: "Ramada Inn Exit 7 Miles U.S. 17" The sign was increased in height from under ten (10) feet to twenty feet from the ground to the bottom of the sign, lights were added, and the catwalk was added to accommodate the change in advertisers. This extensive alteration was done in June of 1975 and copy was changed. The original sign was erected in May of 1968 and advertised "Shell Oil." Respondent sign company has a sign located approximately 8.81 miles south of Bowden Road on the west side of I-95 facing north and containing the following copy: "Family Inn of St. Augustine" The revised sign is located in an area zoned open rural, has been elevated and has had lights and catwalk added. The original sign had different copy and was erected and permitted in October of 1968. Permits had been issued for the two subject signs in the approximate location with different copy on them in October of 1968 or shortly thereafter. The new advertisers wanted the signs lighted and pay approximately $30 more per month for the lighted signs. The new signs now are much more visible. Both signs were elevated approximately ten (10) feet, new copy put on them and lights and catwalks added in April of 1976. Permits were applied for but the Petitioner Department of Transportation refused to issue permits stating that they were new signs, no new applications had been made and were obviously ineligible for permits inasmuch as the signs violated the setback requirements of Chapter 479 and the federal laws, rules, and regulations adopted by the Florida Legislature.
Recommendation Remove subject signs if said signs have not been removed by the owner within ten (10) days after entry of the final order herein, as no applications for permits were made or granted. DONE and ORDERED this 20th day of December, 1976 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 W. D. Rowland, Esquire Post Office Box 539 Winter Park , Florida 32789 George E. Hollis Branch Manager National Advertising Company Post Office Box 23208 Tampa, Florida 33622 Mr. Frank Whitesell Post Office Box 1089 Lake City, Florida 32055 Mr. O. E. Black, Administrator Outdoor Advertising Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
Findings Of Fact On July 6 and 13, 1983, the Department resolved in its district office in Chipley, Florida, the Respondent's applications for permits to erect two stacked, back-to-back, outdoor advertising signs in Jackson County, Florida, on the south side of 1-10, one approximately 2.9 miles and the other approximately 3.1 miles west of SR 69. These permit applications stated that the locations requested were in an unzoned commercial or industrial area within 800 feet of a business. The Department's outdoor advertising inspector visited the sites twice after having reviewed the Respondent's applications and being told that he would find a business known as Dave's Garage there. The first time he visited he did not see the business. On the second visit he saw the top of a tin building and the top of a house from the interstate. There was an antenna visible on the housetop, but he could not see any commercial activity. After driving off the interstate to the site of the buildings, he found a car, a bus, a shed, some grease and oil cans, but no one was there. The front of the building had a sign on it which said Dave's Garage. Nothing could be seen from I-10 to identify this site as the location of a business, however. Based upon his inspection of the site, coupled with the Respondent's representation that a business existed there, the inspector approved the Respondent's applications. They were also approved by his supervisor, and permits for the requested locations were issued because of the proximity of the business known as Dave's Garage to the subject sites. Subsequently, after the permits had been issued, the Respondent erected its signs which are the subject of this proceeding. From January to March, 1985, there was still no business activity at the subject site that was visible from I-10. On March 12, 1985, two days before the hearing, an on-premise sign bearing the words Dave's Garage, was erected which is visible from I-10. Otherwise, the area is rural in nature. The Respondent, through its agents Ron Gay and Terry Davis, submitted the applications for the subject permits, and designated thereon that the proposed locations were in an unzoned commercial area within 800 feet of a business. These applications also certified that the signs to be erected met all of the requirements of Chapter 479, Florida Statutes. During the summer of 1984, the sites were inspected by the Department's Right-of-Way Administrator who determined that the permits had been issued in error because of the absence of visible commercial activity within 800 feet of the signs. As a result, the Department issued notices of violation advising the Respondent that the subject sign permits were being revoked.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit numbers AJ725-10, AJ726-10, AJ723 10, AJ724-10, AJ720-10, AJ721-10, AJ719-10 and AJ722-10, held by the Respondent, Tri-State Systems, Inc., authorizing two signs on the south side of I-10, 2.9 miles and 3.1 miles west of SR 69 in Jackson County, Florida, be revoked, and the subject signs removed. THIS RECOMMENDED ORDER entered this 6th 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 6th day of August, 1985. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire P. O. Box 2151 Orlando, Florida 32802-2151 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact The Respondent, T & L Management, Inc., was issued permits numbered AG994-10 and AG995-10 on or about April 19, 1982. These permits were for the erection of a sign located on the west side of I-110, approximately one mile north of Brent Lane in Escambia County, Florida. They were issued because of the proximity of an antique business noted on a sketch attached to the application submitted by the Respondent as "Hazel's Antiques and Used Furniture". 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 commercial business. The sketch shows what is designated as "Hazel's Antiques and Used Furniture" to be in close proximity with the proposed sign location. On each of these applications William L. Terry certified that the sign would meet all requirements of Chapter 479 of the Florida Statutes. Although the Respondent did not inspect the site prior to submitting the applications, the location was represented to the Respondent to be a permissible sign site by a locator, Jerry Birch, who was acting in the capacity of agent for the Respondent. Prior to the issuance of these permits, the subject site was inspected by Department personnel on at least two occasions. As viewed from I-110, a shed and a sign reading "Antiques" was visible at this location. While inspecting what the applications described to be an antique business nearby, they observed various items around and under the shed, described as "bottles and jars", "very well used furniture", "merchandise or junk" and "a chair or maybe more than one". However, neither Hazel Croley who resides at this location in the trailer represented by T & L Management as "Hazel's Antiques and Used Furniture", nor anyone else, has ever sold antiques on this property. The shed which is visible from I-110 was used for cookouts. Although her mother's house, which is also located on this property, contained antiques, these were not for sale. Any furniture or items stored outside of the residences of this property were discarded junk, "unusable stuff" and not for sale. The sign reading "Antiques" was placed at this location at about the time the subject applications were submitted to the Department by the agent of T & L Management, Jerry Birch. Mr. Birch also supplied Hazel Croley with an occupational license in her name for an antique business at this location. This license was for the year 1982 only, and was paid for by T & L Management. These events compel a finding that the antique business at this location was a sham perpetrated by the Respondent to circumvent the requirements of Chapter 479, Florida Statutes. During the summer of 1984, the subject site was inspected by a Department Right-of-Way Administrator, who determined that the permits had been issued in error because of the absence of visible commercial activity within 800 feet of the sign. In November of 1984, the Department issued its notices of violation advising the Respondent that the subject sign permits were being revoked.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AG994-10 and AG995-10 held by the Respondent, T & L Management, Inc., authorizing signs on the south side of I-10, approximately one mile north of Brent Lane in Escambia County, Florida, be revoked, and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 18th 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 18th day of October, 1985. APPENDIX The Proposed Findings of Fact submitted by the parties are ruled upon as follows: Petitioner's Proposed Findings of Fact: Accepted. Accepted. Accepted. Accepted. Accepted. Respondent's Proposed Findings of Fact: Accepted. Rejected because irrelevant. Rejected because irrelevant. Rejected because irrelevant. Accepted. Rejected. Rejected. Rejected because irrelevant. Accepted. Rejected. Rejected because irrelevant. Rejected because irrelevant. Rejected. COPIES FURNISHED: Maxine F. Ferguson, Esquire Haydon Burns Building Mail Station 58 Tallahassee, Florida 32301-8064 Michael D. Smith, Esquire 201 East Government Street Pensacola, Florida 32501 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact Mr. Claude R. Finley is the sole owner of Pensacola Outdoor Advertising. He purchased property on April 17, 1984, having a sign structure with four faces located thereon. This sign structure was owned by the Lamar Company. The Department had issued for permits to the Lamar Company for the four faces of this sign. Mr. Finley was aware that this sign was permitted by the Department to Lamar when he purchased this property. Mr. Finley applied for sign permits at this approximate location by application dated April 15, 1984. The Department denied the application because of sign permit numbers AD809-8, A15824-10, A1585-10 and 6821-10 held by the Lamar Company, and because no preliminary approval letter from Escambia County had been obtained. A second application for permits was sent to the Department on June 12, 1984, which was also returned unapproved by letter dated June 18, 1984, because of the existing permits that had been issued to Lamar. Mr. Finley attempted on numerous occasions to work out a lease with Lamar for the subject location, but he was not successful. By letter dated June 12, 1984, Mr. Finley notified the Lamar Company that it had 15 days to remove the sign structure from his property. Mr. Hollis Wood, General Manager of the Lamar Company, responded by letter dated June 22, 1984, that he would remove the sign structure on June 30, and cancel its permit tags after the expiration of its lease for the sign site. Mr. Finley rode by the location on I-10, on June 30th, about 3:00 p.m. He did not stop, but he observed no sign there. He could tell by the bent trees that some work had been done in the area. The previous time Mr. Finley had been by the site, earlier in the week, the sign was standing. By letter dated June 13, 1924, Mr. Finley advised the Department that he was the owner of the property where the Lamar Company held permits, and he advised he was cancelling the permits for signs on his property. By letter dated June 19, 1984, the Department informed the Lamar Company that it had received information that the Lamar Company no longer had the permission of the property owner to maintain the sign at the location where the permits were issued, and that the permits would be invalidated by the Department unless evidence was provided to refute the information, or a hearing requested within 30 days to challenge this cancellation action. Mr. Wood, by letter dated June 29, 1984, requested an administrative hearing. Later Charles W. Lamar III, by letter dated July 20, 1984, withdrew the request for an administrative hearing, advising that the sign structure in question had been removed, and that a cancellation affidavit and the permit tags were being returned to the Department. The first application for sign permits on the south side of I-10, 2.2 miles east of SR 297, for signs facing east and west, submitted by the Petitioner, was denied because of the four existing permits held by the Lamar Company at this location, and because no preliminary approval from Escambia County for erecting billboards that had been obtained. The county's preliminary approval is part of the application process for locations in Escambia County. The Lamar Company's sign permits remained outstanding until after July 1, 1984, when the new spacing requirements of the 1984 amendment to Chapter 479, Florida Statutes, became effective. There are two permitted sign locations approximately 1,000 feet to the east and to the west of the subject site. These permits are held by Bill Salter Outdoor Advertising. The Petitioner's second permit application was denied because the permits held by the Lamar Company were not cancelled until July when the new spacing law became effective requiring 1,500 feet between signs on I-10, resulting in a spacing conflict with the two Bill Slater locations approximately 1,000 feet to the east and west of the proposed site. The Department's procedure for revoking permits allows a party holding a permit to cancel it by submitting an affidavit and returning the tags, stating the reason for cancellation in the affidavit. Until permits are revoked or cancelled by the Department, they remain valid.
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 application of Pensacola Outdoor Advertising for sign permits at a location on the south side of I-10, 2.2 miles east of S.R. 297, facing east and west, in Escambia County, Florida, be denied. DONE and ORDERED this 28th day of December, 1984, 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 28th day of December, 1984. COPIES FURNISHED: Gerald Holley, Esquire Post Office Box 268 Chipley, Florida 32428 Vernon L. Whittier, Jr., Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064
Findings Of Fact U.S. 1 is a federal-aid primary highway and, in the vicinity of University Boulevard, is a divided highway, with parkway between north-and- southbound lanes. University Boulevard (SR 109) is not a federal-aid primary highway. Petitioner holds a lease on the property on which the proposed sign is to be erected and, in fact, already has a structure on this site and a permit for a north-facing sign on this structure. The proposed sign meets all DOT requirements except spacing. The structure on which the proposed sign is to be displayed is located on the east side of U.S. 1, 125 feet north of the intersection with University Boulevard. Lamar Dean Outdoor Advertising Company was issued a permit for a 14 by 48 foot sign along the east side of University Boulevard, 150 feet south of the intersection with U.S. 1. This sign faces west. That application for permit (Exhibit 8) shows the type highway to be U.S. 1, a federal-aid primary highway. A sign located on University Boulevard in Jacksonville which was not visible from a federal-aid primary highway would not require a DOT permit. This Lamar structure, which carries a Jack Bush-Toyota South copy, can easily be seen by persons in vehicles travelling on U.S. 1 and it is on the same side of U.S. 1 and within 500 feet of Petitioner's proposed sign. The Department of Transportation's (DOT) inspectors maintain inventories of all permitted signs. The criteria used by all DOT sign inspectors is to log any sign that can be seen and read from the primary highway. Actually, the Jack Bush sign can be seen by both north-and-southbound traffic on U.S. 1 when in the vicinity of University Boulevard but the northbound traffic passes closer to the sign. It is therefore carried by DOT as a south-facing sign.
The Issue Whether the Respondent is in violation of Sections 479.07(1)(2)(4)(6) and 479.02, Florida Statutes.
Findings Of Fact A notice of alleged violations was sent to Respondent dated October 27, 1975 stating that pursuant to the applicable provisions of Chapter 479, Section 335.13 and Section 339.301, Florida Statutes, and pursuant to the provisions of Section 120.57, Florida Statutes, the Respondent was notified that the sign structures owned by him were in violation of provisions of Chapter 479, Sections 335.13 and 339.301, Florida Statutes. The subject signs were identified as follows: Copy: Aucilla Plaza Church - Gas Location: 2/10 miles north Junction I-10 Highway: State Road 257 Copy: Credit Cards Honored - Chevrolet 60 9/10, Supr. 65.0 Location: 2/10 miles north Junction I-10 Highway: State Road 257 Prior to the hearing a letter was received from an attorney for the Respondent, Ike Anderson, stating that the Respondent was willing to take down all of the signs and that a hearing was not needed. No Motion for Dismissal was made and no continuance or dismissal was ordered. By letter to the Petitioner, Department of Transportation, the Hearing Officer advised of the receipt of such communications, but no response was received from Petitioner. The hearing was called to order and the witness for Petitioner testified that the signs have been removed except the copy of one of the signs is leaning in the approximate same location against the fence. The poles from which the signs were erected are left standing in the same location. The Hearing Officer further finds: That poles standing alone do not constitute a sign; That a facing of a sign leaning against a fence with the face away from a highway does not constitute a sign. It is the duty of the Department of Transportation under Chapter 479, F.S., Chapter 335, F.S., and Chapter 339, F.S., to enforce the outdoor advertising laws of the State of Florida and that the Respondent, John Taylor, has had a hearing, as provided in Chapter 120, F.S., and as provided in Section 479.17, F.S., and Section 335.13, F.S.
Recommendation Enter an order requiring the removal of outdoor advertising signs erected at this location. DONE and ORDERED this 13th day of May, 1976. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. John Taylor Route 1, Box 142 Monticello, Florida 32344 Ike Anderson, Esquire P. O. Box 56 Monticello, Florida 32344
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
The Issue Whether the sign of Petitioner is in violation of the Florida Statutes, Outdoor Advertising Law, Chapter 479 and particularly Chapter 479.07 for having erected this sign in violation of the zoning regulations and without a permit from the Department of Transportation.
Findings Of Fact An alleged violation notice was sent to Peterson Outdoor Advertising Corporation, Petitioner, by the Respondent, Department of Transportation, on July 27, 1977. The notice indicated that the sign owned by Petitioner located 300 feet north of 5-227, U.S. Highway 301 in Bradford County, Florida, with a blank copy was in violation of Ch. 479, Florida Statutes, Rule 14-10-05 (1)(a), Not zone for conforming sign - sign erected in a zoned agricultural area. Ch. 479.07(1) Florida Statutes, Rule 14-10.04 Sign erected without first [sic] obtaining a permit. A violation notice was received by Michael S. Nelson, lease representative for the Respondent, and a letter was sent to the District Administrator for Outdoor Advertising, Florida Department of Transportation, acknowledging receipt of the violation notice and requesting the Department of Transportation to set the cause for hearing. This administrative hearing is the result of such request. The Peterson Outdoor Advertising Corporation made an application for permit for a sign to be located at the location the subject sign now stands. The application for a permit was not approved for the stated reason that the requested location was in a zoned open rural area and outdoor advertising could not be permitted in such a location. Petitioner was so notified. Nevertheless a sign was erected by Petitioner and Respondent's inspectors found said sign at the location with no copy on it at the first inspection. Subsequent to that inspection, the sign was finished by Petitioner to advertise McDonalds, with the large golden "M", further stating: "Campers/ Buses 3 Miles Ahead on the Right, Open at 7:00 for Breakfast." The sign was erected without a permit in a zoned open rural area in Bradford County. The sign is approximately 15 feet off the right of way of Highway 301 in open rural country at least 3 miles from any industrial or commercial areas. Petitioner contends that he applied for a permit to erect the sign at the subject location but that his application was denied. Regardless, he erected the sign and has been endeavoring to have the rural area rezoned. Respondent, Department of Transportation, contends that the erection of the subject sign is in violation of the law inasmuch as it is the duty of the Department of Transportation to grant a permit before a sign is erected. Respondent further contends that the area in which the sign is located is in open rural country and the proposed sign location, even if it were rezoned to allow outdoor advertising, could not be permitted by the Department inasmuch as such rezoning would be "spot zoning" and contrary to the requirements of Chapter 479, Florida Statutes, Title 1 of the Highway Beautification Act of 1965 and Title 23, U.S. Code and contrary to the concept of "effective control" by the Florida Department of Transportation which has the duty to control outdoor advertising for the State of Florida. In response to a request to the Bradford County Zoning Commission, the following letter was received: Pursuant to our conversation on November 7, relating to the zoning classification of the C. M. Ritch property located approximately 2 miles South of Starke on Hwy. 301, the property is zoned Open Rural and under Bradford County Zoning Ordinances does allow outdoor advertising signs. The area in which the sign was erected is the area indicated in the letter. The Petitioner intentionally erected its sign in the open rural area of Bradford County and continues to allow it to stand although the Bradford County Zoning Ordinances show that no outdoor advertising is to be allowed.
Recommendation Remove the sign of Respondent for intentionally erecting a sign in an unzoned rural area without a permit from the Department of Transportation. Invoke the penalties provided in Section 479.18, Florida Statutes, for both the Petitioner and for the McDonald Corporation whose goods and services are advertised. Section 479.13, Penalties, provides: Any person, violating any provision of this chapter whether as principal, agent or employee for which violation no other penalty is prescribed, shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.083: and such person shall be guilty of a separate offense for each month during any portion of which any violation off this chapter is committed, continued or permitted. The existence of any advertising copy on any outdoor advertising structure or outdoor advertising sign or advertisement outside incorporated towns and cities shall constitute prima facie evidence that the said outdoor advertising sign or advertisement was constructed, erected, operated, used, maintained or displayed with the consent and approval and under the authority of the person whose goods or services are advertised thereon. DONE and ORDERED this 13th day of March, 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 32304 Rick Hurst, Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Michael S. Nelson Lease Representative Peterson Outdoor Advertising Corp. P. O. Box 301 Ocala, Florida 32670 L. M. Gaines, Director Bradford County Zoning Commission P. O. Drawer B Starke, Florida 32091 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN RE: PETERSON OUTDOOR ADVERTISING NOT EFFECTIVE UNTIL TIME EXPIRES TO FILE FOR JUDICIAL Petitioner, REVIEW AND DISPOSITION THEREOF IF FILED vs. FLORIDA DEPARTMENT OF TRANSPORTATION Respondent. / CASE NO. 77-1432T
Findings Of Fact Foster and Kleiser are the owners of signs located on I-275 at the off- ramp of 54th Avenue, Pinellas-Hillsborough Cloverleaf. These signs are 198 feet from the beginning of the pavement adjacent to the signs and 15 feet from the right of way. The location is in an unincorporated portion of Pinellas County. On December 22, 1972, Ace Outdoor Advertising Co., Inc., the predecessor in interest of Foster and Kleiser as regards this sign, sought and received a permit for the construction of a sign located at "I-75. . .five miles north of St. Petersburg." These permit numbers have been renewed every year until the present with Foster and Kleiser succeeding in interest to Ace Outdoor Advertising Co., Inc. through purchase in 1976. In late 1972, two members of the Department of Transportation, a Mr. Boger (an outdoor advertising inspector now deceased) and Mr. Moran along with Mr. Arthur Hempel, the President of Ace Outdoor Advertising Co., Inc. looked over the area in Pinellas County where the sign was intended to be constructed. At that time Mr. Hempel showed Mr. Boger and Mr. Moran the general area in which the sign would be erected, said area being a strip of approximately 1500 feet fronting I-275 just north of the 54th Avenue North cutoff. No specific site for the sign was stated to Mr. Moran or Mr. Boger and it was pointed out by the DOT personnel that a zoning change would have to be accomplished to permit any sign to be constructed. This rezoning was later made by the County Commission and the land in question was changed from A-1 (agricultural) to CP (Commercial Parkway) in 1973. The sign in question was not erected until on or about June 21, 1977, and is located approximately 198 feet north of the widening for the beginning of the off-ramp at the 54th Avenue North interchange of Interstate 275 in Pinellas County. Prior to the promulgation of Rule 14-10 the Department used as its rule and regulation regarding spacing of signs the Agreement between the Governor of the State of Florida and the United States Department of Transportation, which is now set forth verbatim in Rule 14-10.06 which was adopted in April 1977. The Agreement was enforced by the Department prior to 1976 when it was adopted as a rule. On or about July 27, 1977, the Department cited Respondent Foster and Kleiser for a violation of F.S. 479.02 and Rule 4-10.06 for having erected an outdoor advertising sign within 500 feet of the widening of the pavement at the exit from I-75.
Recommendation For the reasons stated above and in the light of the applicable law, since the sign in question is nonconforming and since currently valid permits have not been issued for the site at which it was erected in June, 1977, it is illegal, cannot be permitted and should be removed. DONE and ORDERED this 28th day of March, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of March, 1978. COPIES FURNISHED: John A. Rimes, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Horace A. Andrews, Esquire 602 Florida National Bank Building St. Petersburg, Florida 33701 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 ================================================================= AMENDED AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CASE NO. 77-1430 FOSTER AND KLEISER, Respondent. /
