Findings Of Fact On March 2, 1984, the Petitioner, Pensacola Outdoor Advertising, applied for a permit to locate an outdoor advertising sign on the west side of U.S. 29, .1 mile south of Hope Drive, facing south, in Escambia County, Florida. This location is outside the city limits of Pensacola. I-10 and U.S. 29 intersect in the area where the Petitioner proposes to locate its sign. This site is 26.5 feet from the limited access fence or right of way boundary in the northwest quadrant of the interchange area where I-10 and U.S. 29 intersect. The south side of the structure for which the permit is sought is directly adjacent to this limited access fence, which is next to an off-ramp from I-10 to U.S. 29. The proposed sign site is visible to traffic on the main-traveled way of I-10 and to traffic on the interchange ramps.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Pensacola Outdoor Advertising for a permit to locate an outdoor advertising sign on U.S. 29, .1 mile south of Hope Drive, facing south, in Escambia County, Florida, be denied. THIS RECOMMENDED ORDER ENTERED this 24th day of July, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 1985.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition of Billboard Consultants for permits to erect outdoor advertising signs on Prudential Drive (U.S. 1), 90 feet south of Flagler Avenue, facing south, in Jacksonville (Duval County), Florida, be denied. THIS RECOMMENDED ORDER entered this 22nd day of April, 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 22nd day of April, 1985.
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 On September 23, 1979, the Department issued to the Respondent, Chipley Motel, permit number 9028-6 authorizing an outdoor advertising sign on the south side of I-10, .8 mile west of SR 77 in Washington County, Florida. This permit was issued pursuant to an application that had been filed by a representative of the Respondent which stated that the site where the sign would be erected was zoned commercial or industrial. The Respondent's representative filed this application containing the statement that the proposed site was zoned commercial or industrial without first checking with county officials to determine the zoning status of the site. Upon receipt of the Respondent's application, Department personnel at the Chipley District Office made inquiry of county officials and were informed that the site applied for by the Respondent was zoned commercial. Thereafter, the Department's district office personnel advised the Respondent that they had ascertained the subject site to be commercially zoned, and permit number 9028-6 was issued. Both the Respondent's representative and the Department's district office personnel believed the proposed sign site was zoned commercial. However, the site applied for by the Respondent, and where permit number 9028-6 authorized a sign to be erected, was not zoned commercial or industrial either when the application was submitted or when the permit was issued. Pursuant to the issuance of permit number 9028-6, the Respondent erected an outdoor advertising sign at the permitted location. This sign was taken down sometime between September of 1979 and July of 1985. Permit number 9028-6 which had been issued for this sign on I-10, .8 mile west of SR 77 was affixed to another sign located 250-300 feet from the permitted site. Sometime after July 31, 1985, a different sign was erected at the location on I-10, .8 mile west of SR 77, and permit number 9028-6 was affixed to this sign. Therefore, permit number 9028-6 had been used on two signs at two different locations before it was reapplied to the sign that now stands on the permitted site. The sign that is up now is not the sign for which permit number 9028-6 was issued.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that permit number 9028-6 held by Chipley Motel, for a sign on the south side of I-10, .8 mile west of SR 77 in Washington County, Florida, be revoked. THIS RECOMMENDED ORDER ENTERED this 13th day of March, 1986 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 13th day of April, 1986. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 James J. Richardson, Esquire P. O. Box 12669 Tallahassee, Florida 32317-2669 Hon. Thomas E. Drawdy Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301
The Issue Whether the outdoor advertising signs of Respondent were in violation of Florida Statutes 479.07(1), sign erected without a state permit; Whether the subject signs were in violation of Florida Statutes 479.11(1), sign erected within 660 feet of the right of way of a federal aid highway; Whether subject signs are new and different signs inasmuch as they have new facings, are erected on new poles and are materially elevated from the location of previous signs. Whether subject signs are in violation of the federal and state laws and should be removed.
Findings Of Fact Petitioner, Department of Transportation, issued to the Respondent, Stuckey's of Eastman, Georgia, notices of alleged violations of Chapter 479 and Section 335.13, Florida Statutes, on July 28, 1975 with respect to five (5) signs at five (5) different locations, to-wit: .14 miles south of Volusia County on Interstate Highway 95; .75 miles south of Volusia County on Interstate Highway 95; 1.58 miles south of Volusia County on Interstate Highway 95; and 3.51 miles south of Volusia County on Interstate Highway 95. Pursuant to these notices, the Respondent requested this hearing for the determination of whether the Respondent is in violation of Florida Statutes, as alleged in the violation notice. Respondent is the owner of five (5) signs referred to in paragraph (1) of these findings Five signs with similar copy were erected by the Respondent in May of 1971 at the approximate location of subject signs. The Respondent owned and maintained the five (5) signs from April of 1971 until April-June of 1975 when such signs were removed and the subject signs built. Each of these signs is within 660 feet of the nearest edge of the right of way of an interstate highway system, but each of the signs have a permit attached, first issued in 1971 and reissued through 1974 inasmuch as the former signs were owned by Respondent and lawfully in existence on December 8, 1971, and became nonconforming on December 8, 1971, under Section 479.24(1), Florida Statutes. Between April-June, 1975, the Respondent replaced the signs existing since 1971 to better advertise its products along 1-95, south of Volusia County, Florida. Said replacement signs are in the approximate location as the replaced signs and said replacement signs have the same size facing as the replaced signs. The replacement signs are on different poles, wood being substituted for metal and at a more elevated height (between 16 and 20 feet higher) than the replaced signs. The replacement subject signs are much more visible to the traveling public than the old signs because of the materially increased elevation. The charge in the location of the subject signs, although only a short distance, the new facing materials, the replacement of metal poles with wooden poles and the decided increase in elevation make these different signs within the meaning of Chapter 479, F.S., and the federal regulations, thus, becoming new signs requiring permits rather than qualifying as nonconforming with the customary maintenance or repair of existing signs, allowed under Section 479.01(12), F.S., infra. The owner of the signs was given written notice of the alleged violations and said Respondent has had a hearing under Section 479.17, F.S., and Chapter 120, F.S.
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. DONE and ORDERED this 28th day of May, 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: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Benjamin F. Wren, III, Esquire 0. Box 329 Deland, Florida 32720
Findings Of Fact Respondent, Joe Bryant, is the owner of a 12' x 36' outdoor advertising sign located on the east side of State Road 52 approximately 31.27 miles east of U.S. Highway 19 in Pasco County, Florida. The sign lies within the corporate limits of the City of Dade City, Florida. The sign was observed on an undisclosed date by an outdoor advertising inspector of petitioner, Department of Transportation (DOT), during a routine inspection. After further investigation, it was determined respondent had no permit for the sign as required by state law. State Road 52 is a federal-aid primary highway. Accordingly, respondent's sign can be no closer than 1,000 feet from the next closest permitted sign on the same side of the road. The inspector found a second permitted sign only one hundred fifty-eight feet away on the same side of the highway. Therefore, respondent's sign was in violation of the spacing requirement. Respondent initially denied that he owned the sign in question. He later contended that the sign is exempt from state permit and spacing requirements since it lies within the City of Dade City, Florida. However, no valid authority for this proposition was submitted.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent's outdoor advertising sign be found in violation of Subsections 479.07(1) and (9)(a)2., Florida Statutes, and that the sign be removed. DONE and ORDERED this 7th day of August, 1985, in Tallahassee, Florida. Hearings Hearings DONALD R. ALEXANDER Hearing Officer Division of Administrative The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative this 7th day of August, 1985.
Findings Of Fact On August 19, 1976, Petitioner's Outdoor Advertising Inspector inspected Respondent's signs located at 1038 N.W. 36th Street, Miami, Florida. The location is within the city limits of Miami. Northwest 36th Street is also U.S. Highway 27. Two signs of the Respondent each 6' by 12' facing east, one above the other, had been erected at the above location. A distance of approximately 135' separated Respondent's sign from the nearest other sign facing the same direction on that side of the highway. (Testimony of Conde, Stipulation, Exhibit 1) Respondent had applied for a permit for the signs on January 12, 1976, but the application was denied by Petitioner because they did not meet the spacing requirements of Section 479.111, F.S. (Testimony of Conde) Petitioner issued a Notice of alleged violations of Sections 479.07(1) and 479.111(2), Florida Statutes with respect to Respondent's above described signs on August 23, 1976.
Recommendation That Respondent's alleged violation of Section 479.07(1), F.S. be dismissed. That Respondent's sign located at 1038 N.W. 36th Street, Miami, Florida, be removed under the authority of Section 479.17, Florida Statutes, as not permitted under Section 479.111(2), F.S. DONE and ENTERED this 23rd day of November, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. O.E. Black, Administrator Outdoor Advertising Section Department of Transportation 605 Suwannee Street Tallahassee, Florida 32304 Jeffries H. Duval, Esquire Office of General Counsel Department of Transportation 605 Suwannee Street Tallahassee, Florida 32304 Robert Korner, Esquire 4790 Tamiami Trail Coral Gables, Florida 33134
Findings Of Fact The sign in issue is owned by the Petitioner, is in existence and is located as shown on Exhibits 1 and 2 along SR 580, 100 feet north of Nebraska Avenue. The sign is located within the city limits of Tampa and is outside the DOT right of way. There is only one face on this sign which faces southwest and can be seen by eastbound traffic on Busch Boulevard (SR 580). SR 580 is a noncontrolled highway and the spacing requirements are not applicable to signs along Busch Boulevard which are otherwise not controlled. Nebraska Avenue (U.S. 41) is a federal-aide primary highway. A sign was originally erected in the same location as the existing sign in 1979 and remained until 1987 when the property on which the sign was erected changed hands. The new owners requested the sign be dismantled and re-erected on property being developed. This was done and the sign was re-erected in 1988 on its original location and of the same size as the original sign. The original sign was exempt from the spacing requirements by virtue of its grandfather status as a nonconforming sign. The sign can readily be seen by motorists traveling north on U.S. 41 (Exhibits 8-10). When the sign was rebuilt it lost its grandfather status and a new sign permit is required. Petitioner presented the only witness who testified that the angle of the sign is intended to give maximum visibility on Busch Boulevard and that the exposure time to a motorist is substantially longer on Busch Boulevard than on Nebraska Avenue. However, the exhibits submitted into evidence show the sign to be at an approximate 45 degree angle to both Busch Boulevard and Nebraska Avenue, that the sign is seen to the left side of a vehicle traveling east on Busch Boulevard and to the right side of a vehicle traveling north on Nebraska Avenue, and that there are more obstructions to the sign's visibility from Busch Boulevard than from Nebraska Avenue. This latter factor would indicate the sign's exposure time from Nebraska Avenue is at least equal to the sign's exposure time from a vehicle traveling along Busch Boulevard.
Findings Of Fact 1. Herman Corn, as Trustee, is the owner of two outdoor advertising signs in Palm Beach County, Florida, which have been cited for violation of Section 479.111(2), Florida Statutes. The first outdoor advertising sign in question is located on the east side of US Highway 441 south of State Road 808 (sign #1). The second outdoor advertising sign in question is located on the south side of State Road 808 east of US Highway 441 (sign #2). George King is an employee of the Department of Transportation with the assigned duty of being an outdoor sign inspector. Fred J. Harper is an employee with the Department of Transportation with the assigned duty of being the District Administrator of Outdoor Advertising. Stephen H. Corn is Vice-President and General Manager of Corn Construction, as well as the manager and part-owner of Boca Tierra. Herman Corn applied for and received permits to erect signs #1 and #2 in their respective locations from Palm Peach County, Florida. George King testified that he cited the signs for violation of Section 479.111(2), Florida Statutes, inasmuch as they were located on federal-aid primary highways and in an area zoned agricultural, and as such were illegal. After his initial inspection, King determined the lands upon which the subject signs are located are zoned agricultural by inspection of the zoning records of Palm Beach County. The Palm Beach County Zoning Maps showing the zoning classification of agricultural for the subject parcels of real property were inspected by George King. Copies of these maps, which were made and certified three weeks before the date of hearing, were received as Exhibit B, pages 1 and 2. Fred Harper testified as to the origin and use of Federal Highway System Maps, which give an up-to-date list of federal-aid primary highways. The maps reflecting the list of federal-aid primary highways were received as Exhibit #1. Harper, utilizing Exhibit #1, testified that State Road 7 is listed on Exhibit #1 as a federal-aid primary highway. Exhibit #1 reflects that State Road 808 is a federal-aid primary highway. Official notice was taken at the hearing of the Agreement established by Section 479.02, Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the signs in question be removed. DONE and ORDERED this 5th day of June, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
Findings Of Fact Two signs are located 0.8 mile west of State Road, 79 on Interstate 10, and 0.8 mile east of State Road 79 on Interstate 10. Both signs do not have permits attached to them. Both signs bear messages which are visible from the traveled way of Interstate 10. Neither sign is located within an incorporated municipality or town. Both signs advertise in part Simbo's Restaurant. Mr. Jim Williams, Outdoor Advertising Inspector for the Department of Transportation, testified that he had spoken with Mr. Simms on June 28, 1978. Williams stated that he asked Simms if Simms would remove the signs; however, Williams did not identify the signs to which he was referring. According to Williams, when Simms was asked if he would take the signs down, Simms stated he would leave them up and go to court. There was no substantial and competent evidence introduced that Simms was referring to the signs in question in this case. Both signs were measured by Charles Averitt, a surveyor with the Department of Transportation, and the sign 0.8 mile west of State Road 79 on Interstate 10 was determined to be 16 feet from the edge of the right-of-way of Interstate 10. The sign 0.8 mile east of State Road 79 on Interstate 10 was determined to be 16.5 feet from the edge of the right-of-way of Interstate 10. Gene Simms testified that he was the owner and operator of Simbo's Truck Stop and Restaurant. Simms testified the signs in question were the property of Simms' Enterprises, Inc., and had been at all times pertaining to this complaint. Simms stated that he owned 50 percent of the stock in Simms Enterprises, Inc., and the remainder was owned by his brother, Jimmy Simms. The notice of violation in this cause names Gene Simms as the Respondent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of Transportation take no action regarding the subject DONE and ORDERED this 22nd day of March, 1979, in Tallahassee, Leon County, Florida STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of March, 1979. COPIES FURNISHED: Phillip S. Bennet, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Richard C. Hurst, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. Gene Simms Simbo's Auto-Truck Stop and Restaurant Route 1, Box 186 Bonifay, Florida 32425
