The Issue Whether the signs of the Petitioner should be removed for violations of Section 479.07(2) and 14-10.04(2), no current permit and the violation of Section 479.07(2) and 14-10.06(3), a spacing violation.
Findings Of Fact An alleged violation of Chapter 479, Section 335 and 339.31, Florida Statutes, and notice to show cause was sent to the Petitioner on the 13th day of February, 1978 alleging that a sign owned by Petitioner located on a roof top thirty (30) feet east of Mills Avenue and State Road 50 with copy reading "WFTV Eyewitness News" is in violation of Section 479.07(2), having no current permit visible. A second sign located on the same roof top, 30 feet east of Mills Avenue and State Road 50 with copy "B.J. 105 Radio Station", was in violation of Section 479.07(2) as having no current permit visible and also in violation of Section 479.02(2), Rule 14-10-06(3), Florida Administrative Code, violation of a spacing requirement. An application was made by Petitioner for a permit but was denied by the Respondent for the two subject signs. The sign with the copy "B.J. 105 Radio Station" is less than 500 feet from a permitted billboard and has no current permit tag attached thereto. The sign with the copy "WFTV Eyewitness News", has no current permit tag attached thereto. The subject signs advertise off-premise businesses and must have permits from the Respondent, Department of Transportation. No permits have been issued for either of the subject signs. Petitioner has agreed that any improper use of the sign will be discontinued and contemplates an "on-premise or on-site" sign which the Respondent has agreed is a proper use and not in violation of the statutes and rules.
Recommendation Remove the signs of Petitioner within 30 days from the date hereof unless such signs are permitted by the Respondent after a change in the copy on the sign structures. DONE AND ORDERED this 18th day of August, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Bruce E. Chapin, Esquire 201 East Pine Street Orlando, Florida 32801 Philip Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact By notice of alleged violation dated April 18, 1979, the Department of Transportation (hereafter "Department") charged that the Respondent, Ron Sorg installed a sign on U.S. 301, 7.19 miles south of I-4 in violation of Rules 14- 10.04 and 14-10.05, Florida Administrative Code. The sign in question is an outdoor advertising, sign, located on private property in an area zoned agriculture and has been in its present location for at least ten years. The sign has never been permitted and the road on which it borders is presently classified as a federal-aid primary road. Until 1976, the road on which the sign borders was a federal-aid secondary road. Following the notice of violation, the Respondent applied for a sign permit on October 12, 1979. Since none of the above facts were in dispute, the only issue remaining is the law which is to be applied to this particular sign. Both parties agreed to submit the legal issue to the Hearing Officer for determination.
The Issue Whether the respondents or some of them erected and maintained outdoor advertising signs in violation of Rule 14-10.006(1)(a), Florida Administrative Code, because more than two advertisements or "messages" were visible to motorists at the same location?
Findings Of Fact Visible to west-bound traffic on Interstate Highway 10 are two billboards both of the same, concededly lawful size, mounted on a single structure, one on top of the other, 1.75 miles east of State Road 69 in Jackson County. The upper sign advertises a Holiday Inn in Marianna. The bottom sign advertises a Best Western motel (yellow logo against black background) and a McDonald's restaurant (golden arches and white lettering against a red background.) Between the two businesses's names on the bottom sign board appears "11 MI EXIT 21" against a white background. Petitioner's Exhibit No. 1 (89-1716T). Also visible to west-bound traffic on Interstate Highway 10 are two billboards of the same size mounted on the same structure, one on top of the other, 2.4 miles east of State Road 77 in Washington County. The upper sign advertises the Chipley Motel. Over the words "THIS EXIT," the central portion of the lower sign advertises a Stuckey's store. Flanking this central portion, both ends of the billboard are taken up with advertisements featuring petroleum trademarks (a scallop shell and a star.) Petitioner's Exhibit No. 1 (89-1714T). Visible to east-bound traffic on Interstate Highway 10 are two billboards of the same size mounted one on top of the other on the same poles, 1.2 miles west of State Road 77 in Washington County. The upper sign advertises a single business establishment. Underneath, half the sign is devoted to advertising the Washington Motor Inn and half to touting The Outlet Center. Petitioner's Exhibit No. 1 (89-1923T). Visible to west-bound traffic on Interstate Highway 10 are two billboards of the same size mounted on the same structure one on top of the other, 2.7 miles east of State Road 77 in Washington County. The upper sign advises motorists of the proximity of a motel. The lower sign advertises both a Chevron filling station and a Western Sizzlin restaurant, devoting half the panel to each. Petitioner's Exhibit No. 1 (89-1921T). Also visible to west-bound traffic on Interstate Highway 10 is a pair of billboards mounted one over the other at a site 1.3 miles west of State Road 77 in Washington County. The upper panel is devoted exclusively to informing the driving public of a nearby motel. The lower billboard, like the lower billboard located 1.7 miles east of State Road 69, advertises a McDonald's restaurant and a Best Western motel, and does so in a similar bipartite manner. Petitioner's Exhibit No. 1 (89- 1922T) Finally, also visible to west-bound traffic on Interstate Highway 10 is another pair of billboards mounted on top of one another on the same poles, a mile east of State Road 77 in Washington County. The upper sign advertises a McDonald's restaurant. Like the lower sign located 2.4 miles east of State Road 77, the lower sign located a mile east advertises not only Stuckey's, but also Shell and Texaco gasolines. Petitioner's Exhibit No. 1 (89-1924T). A handbook DOT employees use depicts three billboards at one location, over the caption: "One of the three faces is illegal if erected after January 28, 1972. Petitioner's Exhibit No. 2. DOT has not promulgated the handbook as a rule. The evidence did not establish when the billboards in question here were erected. But for Milford C. Truette's perspicacity, these cases might never have arisen. As acting outdoor advertising supervisor for DOT's District II, he told Elsie Myrick, a property and outdoor advertising inspector for DOT, that she "might want to check into ... [the signs involved here] and see that they were in violation." Myrick deposition p. 8. In the subsequently formed opinion of Ms. Myrick, it is unlawful for an outdoor advertising sign to advertise three or more locations at which the same advertiser does business or three or more businesses at the same location, although the proprietor of a single store might lawfully advertise three or more products for sale at the store, and a motel owner is free to advertise a restaurant and a cocktail lounge, at least if they are under the same roof. Respondent's signs are in violation, in Ms. Myrick's view, because, "You're getting across more messages than what you're allowed in a space." Myrick deposition, p. 15. Ms. Myrick thought a sign advertising several stores housed in a single mall would be illegal, but Mr. Truette and Mr. Kissinger, DOT motorist information services coordinator, disagreed. Ms. Myrick rejected the suggestion that common ownership of advertisers would make a difference, but Mr. Kissinger's views on this point were less clear. T.52-3. Mr. Kissinger believes that an outdoor advertising sign can advertise multiple locations at which an enterprise conducts business, or even multiple business entities, if they are all located on the same parcel of real estate.
Recommendation It is accordingly, RECOMMENDED: That petitioner dismiss the notices to show cause issued in each of these consolidated cases. DONE and ENTERED this 20th day of November, 1989, in Tallahassee, Florida. ROBERT T. BENTON, II 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 20th day of November, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NOS. 89-1714T, 89-1716T, 89-1921T, 89-1922T, 89-1923T, 89-1924 Except for the last sentence in proposed finding of fact No. 4, petitioner's proposed findings of fact 1 through 5 have been adopted, in substance, insofar as material. Respondent's proposed findings of fact were not numbered, but have been treated fully in the recommended order. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building, M.S.-58 605 Suwanee Street Tallahassee, Florida 32399-0458 Gerald S. Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802
The Issue The issue to be resolved in this proceeding concerns whether the Respondent's sign permits should be revoked on the basis that the permit location is not within an unzoned commercial or industrial area as required by the foregoing provisions of the statutes and rules.
Findings Of Fact On or about October 8, 1982, Branch's Outdoor Advertising filed applications for two sign permits to allow erection of an outdoor advertising sign in Jackson County, Florida. The sign is located on the north side of I-10 approximately 1.92 miles east of State Road 69. The sites applied for were field-inspected by the Department's outdoor advertising inspector, were approved and the Department issued the permits numbered AI33-10 and AI34-10 for the requested location. When the entity known as Branch's Outdoor Advertising submitted the application for the permits, it designated thereon that the proposed location was in a commercial or industrial unzoned area within 800 feet of a business and that the signs to be erected would meet the requirements of Chapter 479, Florida Statutes. The business which is located within 800 feet of the Respondent's sign is known as "Branch's Garage" Branch's Garage is located in a large tin shed which is used as a storage shed for farm equipment by Mr. Branch. Mr. Branch is a farmer as well as the operator of the welding and automotive repair business which is located in that same tin building. A portion of that building is visible from the main traveled way of Interstate 10. Branch's Garage is the only business located within 800 feet of the Respondent's-sign. Mr. Branch maintains two signs on or in the vicinity of his building advertising Branch's Garage and Welding Shop. The signs and the parked cars and vehicles associated with the business are, in part, visible from I-10. Mr. Jack Culpepper, the Petitioner's "Right-of-Way Administrator", was given the specific assignment of attempting to "reestablish effective control of outdoor advertising in the third district" in approximately the Summer of 1983. Mr. Culpepper had no direct knowledge of and had not inspected the vicinity of the sign in question prior to that time. In 1984, shortly before the Notice to Show Cause in question was issued, Mr. Culpepper did inspect the area and arrived at the belief that no commercial activity was occurring at the site known as Branch's Garage. Mr. Culpepper acknowledged that during his inspection, while driving down Interstate 10 in the vicinity, might not have noticed commercial activity which might have been going on at Branch's Garage. Mr. Culpepper acknowledged that, outdoor advertising regulatory personnel in the third district had adopted a more strict enforcement policy and interpretation. of the foregoing legal authority at issue in 1984 than had been the case in 1982 when the sign was permitted. In essence, that change in interpretation embodied a policy of not permitting, or seeking to revoke, permits for signs for unzoned commercial activity areas or locations when the commercial activity upon which the permits were predicated was not visible from the main traveled way of I-10, as opposed to the situation in 1982 whereby permits were issued if a commercial activity was present within 800 feet of a sign, without consideration of whether the commercial activity was visible from I-10. Mr. Branch conducted his welding and auto repair business known as Branch's Garage during the time in question in 1982 when the permits were issued at the site in question (the tin building). He also was conducting that activity during 1984 including the time when the Notice to Show Cause was issued. Mr. Branch is a farmer and uses the tin building in question for both businesses. Mr. Branch derives a part of his livelihood from the automobile repair and welding business. The on-premise signs located at Branch's Garage are visible from I-10. The applications for the outdoor advertising permit submitted by Branch's Outdoor Advertising were subjected to a field inspection as to the proposed site by the Department's outdoor advertising inspector on October 13, 1982. That inspector had been employed by the Department for some twelve years at the time. In connection with his duties involving enforcement of Chapter 479, Florida Statutes, and Rule 14.10, Florida Administrative Code, he had adopted a basic procedure for inspection of sign sites applied-for, which included actual inspection of the proposed site and, if the proposed site was in an unzoned area, ascertaining that there was an unzoned commercial activity present within 800 feet of the sign site. The inspector had made prior inspections of the site. As a result of those prior inspections he had already issued permits to another sign company authorizing the erection of a sign within the same vicinity based upon the unzoned commercial activity known as Branch's Welding and Garage. Based upon his field inspection in connection with the Branch's Outdoor Advertising applications in question, this inspector approved the applications, resulting in the issuance of the permits in question. The inspector had not been provided with rules or guidelines which would assist him in identifying and determining whether a commercial activity was present at the time of his inspection. He was required to make such determinations on a case-by-case basis, given the relevant statutory provisions, his experience, and instructions by his superiors, as to what would qualify as a commercial activity. Based upon the activities he observed being conducted at Branch's Welding and Garage, he concluded that there was sufficient legal basis for issuance of the permits. Upon issuance of the outdoor advertising sign permits to Branch's Outdoor Advertising, Mr. Branch erected a sign on his property which was improperly located and violated the spacing requirements between it and a sign known as the "Fuqua sign" which had previously been erected within the vicinity of his business. The incorrect location of Branch's sign created an enforcement problem for the Department's outdoor advertising personnel. In order to resolve that conflict with Mr. Branch, the owner of Branch's Outdoor Advertising, the inspector took an agent and representative from Tri-State Systems, Inc., Mr. Matt Fellows, to the site and identified the permits for Mr. Branch's sign as being legal permits. The inspector advised Matt Fellows that the sign was improperly located and suggested that Tri-State purchase Mr. Branch's permits and build a properly located sign at that vicinity location for which the permits had originally been issued. Based upon the information and suggestion from the Department's outdoor advertising inspector, the Respondent contacted Mr. Branch and made arrangements to purchase the sign permits in question. After consummating the purchase, it constructed a sign in question at the location authorized by the permits. The purchase of the permits and the subsequent erection of the sign was done in reliance upon the directions, information and suggestions from the Department's outdoor advertising inspector. The Notice of violation issued October 3, 1984, to Respondent's assignor, Branch~s Outdoor Advertising, was issued at the behest of Mr. Jack Culpepper, the Right-of-Way Administrator for the Department's Third District on or about September 27, 1984. Mr. Culpepper determined to issue the notice of violation based upon his formal inspection of the area immediately prior to that date, whereupon he concluded that the permits had been issued in error in 1982. Mr. Culpepper had no personal knowledge of whether any commercial activity was being conducted at the subject location in 1982, but relied on what had been reported to him by other third district personnel. The inspector who had personally inspected the property in 1982 had been satisfied that an unzoned commercial activity was occurring a proper distance from the sign site and his immediate supervisor had agreed with that interpretation which resulted in the permits being issued. Because of the change in interpretation of the foregoing statutory authority concerning sign permits in the Department's third district to a more strict interpretation, as delineated above, the Notice to Show Cause was issued against Respondent's assignor on October 3, 1984.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore RECOMMENDED that the petition by the Department of Transportation against Tri-State Systems, Inc. should be dismissed and that Tri-State Systems, Inc. should be permitted to retain the permits referenced above. DONE and ORDERED this 28th day of October, 1986 in Tallahassee, Florida. P. MICHAEL RUFF 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 October, 1986. APPENDIX Petitioner's Proposed Findings of Fact Accepted. Accepted. Accepted. Accepted. Rejected as not comporting in its entirety with the competent substantial evidence of record. Rejected for the same reason except for the last sentence which is accepted in so far as it demonstrates the reason for issuance of the Notice of Violation. Accepted, although this proposed finding of fact is not material, relevant nor dispositive of the material issues involved in this case. Accepted, although, as to its last sentence this proposed finding of fact is not material or relevant to a disposition of the material issues presented. Respondent's Proposed Findings of Fact Accepted. Accepted. Accepted. Accepted. Accepted. Accepted. Accepted. Accepted. Accepted. Accepted, but not in and of itself dispositive of the material issues presented in that it is immaterial to disposition of those issues. Accepted. Accepted. Accepted. Accepted. Accepted. Accepted. Copies furnished: Maxine P. Ferguson, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802-2151 Thomas Drawdy, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301-8064 A. J. Spalla, Esquire General Counsel Department of Transportation Haydon Burns Building ============================================================ =====
Findings Of Fact The Respondent's sign which is the subject of this proceeding was erected less than 100 feet from the right-of-way, of U.S. 17/92, one and one- half to two miles north of State Road 436, in Seminole County, Florida. The subject sign is a steel monopole having two faces, one facing east and one facing west. The side facing east is visible from the main-traveled way of U.S. 17/92. The other side is not. U.S. 17/92 is a federal-aid primary highway running north and south at the point where the subject sign is located. The subject sign bears the copy "Spicewood - large wooded lots". This sign has no state sign permit, and none has been issued for it by the Department. There is an outdoor advertising sign approximately 792 feet south of the Respondent's sign which has been permitted by the Department. Permit number ADO85-35 has been issued to Creative Signs for the sign 792 feet south of the Respondent's sign. The sign owned by Creative Signs is on the same side of U.S. 17/92 as the Respondent's sign.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the sign owned by the Respondent, National Advertising Company, adjacent to U.S. 17/92, approximately 1.75 miles north of State Road 436, in Seminole County, be removed. THIS Recommended Order entered on this 4th day of December, 1986, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS 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 4th day of December, 1986. COPIES FURNISHED: Thomas Drawdy, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 323a1-8064 A. J. Spalla General Counsel Department of Transportation Haydon Burns Building Tallahassee, Florida 32301-8064 Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Gerald S. Livingston, Esquire P. O. Box 2151 Orlando, Florida 32802-2151
The Issue The issue for consideration in this matter is whether the Respondent's sign, as described in the Notice of Hearing and in the violation issued herein, was in conformity with the Department requirements, as well as whether the Department is liable for damage to the sign caused by it's removal.
Findings Of Fact At all times pertinent to the matters in issue herein, the Petitioner, Department of Transportation, was the state agency responsible for regulating the erection and use of advertising signs adjacent to state right-of-way highways in this state. The Respondent, Horseshoe Cove Resort, Inc., was a commercial enterprise and the owner of the sign in question. On August 31, 1989, in the course of his duties as an inspector in the Department's outdoor advertising division, Joseph V. Hanrahan saw the Respondent's sign, which was erected adjacent to and within 1,000 feet of another, permitted, sign, located approximately 25 feet west of 60th Street East, on the northbound side of State Road 70 in Manatee County, Florida. State Road 70 is a primary highway, and the sign, a 1 x 3 foot electrified sign, located on a pole approximately 20 feet above the ground, was visible from the road. This sign was required to be permitted because it is an "off site" sign, ( a sign situated away from the advertised enterprise ). The sign appeared to be in violation of Section 479.07(1), Florida Statutes, and Mr. Hanrahan issued violation No. 1-13-30, which noted that the sign was not properly permitted, and which instructed the owner to remove it within 30 days of the date of the notice of violation. The sign had been erected by Magee Sign Service which was paid by the Respondent to construct and erect it. A county permit had been issued for the sign, but no state sign permit had been obtained. The notice of violation issued by Mr. Hanrahan was mailed to the Respondent and was received by it on September 5, 1989. The sign was not removed within 30 days. Therefore, on June 19, 1990, a contractor, working for the Department, cut the sign down, and by letter dated that same day, the Department advised Respondent the sign had been removed persuant to the violation. It also advised Respondent that under the provisions of Section 479.105, Florida Statutes, Horseshoe Cove was being charged $50.00 as the cost of removal. After the sign was removed, Mr. Williams, Respondent's manager, called Mr. Dunsford, the Department's District Manager, regarding the removal, and in response to that call, Mr. Dunsford advised Mr. Williams in writing how to request a hearing. The violation notice sent to Respondent in August, 1989, states that the owner of the sign had 30 days to remove it. Even though the statute in effect at that time provided for the cost of removal to be borne by the owner, the form did not so state. In early 1990, the form was amended to include a notice regarding cost of removal. In this case, the only notice submitted to Respondent by the Department prior to the sign being removed was the violation notice. According to Mr. Williams, shortly after he received the violation notice in August, 1989, in September, 1989 he wrote to the Department advising them he believed the sign was a part of the contiguous permitted sign. Along with that letter, Mr. Williams enclosed $50.00 to show a good faith effort to correct the problem. This $50.00 was subsequently returned by the Department. Upon the advice of Mr. Hanrahan, Williams contacted Magee Sign Service to see if a bracket could be fashioned to affix the offending sign to the adjacent billboard. Magee advised him that county regulations prohibited that. This is true. Williams then called Mr. Hanrahan to see if he would contact Mr. Prettyman, an official in the county planning office who permitted signs, to see if some arrangement could be made to preserve the sign, but in the interim, it was removed by the Department. All during this time, Mr. Williams was a member of the County Planning Commission and saw Prettyman at most meetings. He did not ever discuss the sign problem with him, however, claiming the meetings "offered little or no time for other business." A post - meeting discussion, or contacts at other times, were not addressed. Hanrahan admits to being asked by Williams to speak with Prettyman and claims he did so. He also claims that Prettyman declined to issue the required permit. Hanrahan cannot recall whether he advised Williams of this or not, but it appears he did not. Williams claims he expected to hear back from Hanrahan on the matter, and now claims that had Hanrahan told him timely of Prettyman's refusal, he would have removed the sign then without destroying it. He also claims not to have known the state would hire a contractor to remove it or that there would be a cost involved. The cost is provided for by statute, however. His claims of lack of knowledge are not impressive and do not justify Respondent's inaction. Notwithstanding that the contractor is required to remove the sign below ground surface, to fill the hole remaining, and to clean the area, according to Mr. Williams, the metal support pole was cut 1 1/2 inches above the ground and the internal electrical wires were cut at the junction box leaving live electrical wires open. When Mr. Williams saw the pole stub, he did not notify the Department but instead, had his own maintenance people correct the problem. Even after the notice of violation, Respondent, though trying to arrange for the sign to be made "legal" at no time applied for a state permit for the offending sign. Williams claims that Magee did apply for a permit but was denied, but no independent evidence to that effect was presented.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered approving the removal of the offending sign in question, assessing a $50.00 fee against Respondent for removal costs, and denying Respondent reimbursement for the cost of the destroyed sign. RECOMMENDED this 17th day of May, 1991, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 COPIES FURNISHED: Filed with the Clerk of the Division of Administrative Hearings this 17th day of May, 1991. Vernon L. Whittier, Jr., Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0450 E. H. Williams Horseshoe Cove Resort, Inc. 5100 69th Street East Bradenton, Florida 34203 Ben G. Watts Secretary Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0468 Thornton J. Williams General Counsel Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0458
The Issue Whether the Respondent is in violation of Chapter 479.07, 479.07(1), 479.11(1), Florida Statutes, and Rules 14-10.04 and 14-10.05, Florida Administrative Code. Petitioner contends: that subject outdoor advertising sign is in a rural area along the Interstate Highway system; that the only visible structure is a wholesale chicken house and therefore can not be considered in an unzoned commercial area; that the sign is not in an urban area properly zoned to permit outdoor advertising. Respondent contends: that the offending structure is primarily a trailer and not a sign, that it is in an unzoned commercial area; and that as a sign it falls within the exception of Section 479.16(11), Florida Statutes.
Findings Of Fact Respondent, Rich's Texaco Truck Stop, is the owner of a trailer, located in Holmes County, Florida near Interstate 10, approximately 9/10 of a mile West of State Road C-181, which has the following written on the side of said trailer: "Portable storage leased from Rich's Texaco Truck Stop Exit 79, Bonifay, Florida." Land upon which the above mentioned trailer-sign is located is in an unzoned area within the municipal limits of Westville, Florida, but there is no urban development visible from Interstate 10. At the time the violation notice was sent to Respondent on November 22, 1977, said trailer-sign was located approximately 16 feet from the fence marking the right-of-way of Interstate 10. At the time of hearing it was approximately 5 feet from the right-of-way. The trailer-sign is located within 100 feet of a structure used primarily for the business of raising chickens but is not in an unzoned commercial area. Said trailer with similar sign painted thereon was the subject of a prior hearing and by final order dated April 5, 1977, the Respondent was ordered to obliterate the sign. A copy of said order is attached hereto and made a part hereof. Subject sign merely bears different copy but advertises the same business owned by the same parties. The owner admitted that the trailer could he rented but that its primary purpose was to advertise Rich's Truck Stop.
Recommendation Remove the sign of Respondent together with the trailer used as a billboard structure within ten (10) days after entry of the final order if Respondent has not previously removed said structure and sign. If Respondent displays a similar sign near the truck stop along the interstate highway system contrary to Chapter 479, Florida Statutes, at a subsequent time to this recommended order, invoke the penalties as provided by Section 479.18, Florida Statutes. DONE AND ENTERED this 18th day of July, 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: John J. Rimes, Esquire Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Russell A. Cole, Jr., Esquire 123 North Oklahoma Bonifay, Florida 32425
Findings Of Fact By Advertising Sign Permit dated March 4, 1985 (Exhibit 3), Clear Vu Media was authorized to locate a sign with both east and west facing boards on State Road 52, 2- 1/2 miles east of Plaza Drive (Little Road). The permit was issued by Linda K. Brown, outdoor advertising inspector for DOT. Prior to issuing the permit Brown visited the proposed site and approved the location as meeting the requirements for an outdoor advertising sign. Subsequent to the erection of the sign Brown inspected the sign and found the sign to be located on a site other than the approved site. The existing structure is located 890 feet from another existing and permitted sign. The approved site is located at least 1,000 feet from this existing sign and from any other permitted sign along State Road 52. State Road 52 is a federal-aid primary highway. A Notice of Hearing was sent to Clear Vu Media, Post Office Box 2038, New Port Richey, Florida 33552, by U.S. Mail and was not returned as undelivered.
Findings Of Fact The facts here involved are not in dispute. In 1966 Petitioner leased the property adjacent to Cypress Street in Tampa and erected a structure thereon on the 1-275 3.6 miles west of 1-4, containing signs facing both east and west. By application dated 20 October 1977 (Exhibits 1 and 2) Petitioner applied for permits for these signs. The applications were disapproved because of spacing. Likewise, on 20 October 1977, Petitioner submitted application for a permit for a sign on the 1-4 2.9 miles east of U.S. 41 with a copy of the lease dated 1967. This sign is located in Tampa and the application was also disapproved because of spacing. Both of these locations are zoned commercial and are within the corporate limits of Tampa, Florida. The structure on which the signs shown on Exhibits 1 and 2 were erected was built in 1968 and the sign involved in Exhibit 3 was built in 1967. The signs for which a permit was requested in Exhibits 1 and 2 is located 325 feet north of a permitted structure owned by Tampa Outdoor Advertising, Inc. on the same side of the street and facing in the same direction. The sign for which a permit was requested in Exhibit 3 is 275 feet west of a permitted sign facing the same direction and on the same side of the street which is owned by Foster and Kleiser. No appeal was taken from these disapprovals, but by applications dated June 19, 1979, Petitioner in Exhibits 4, 5 and 6 reapplied for permits for the same signs that had been disapproved in 1977. These applications were also disapproved because of spacing. The I-4 and the I-275 are part of the Interstate Highway system.
Findings Of Fact The Respondent, E. T. Legg and Company, owns the sign which is the subject of this proceeding, located on U.S. 441 or S.R. 7, approximately 1,117 feet north of Snake Creek Canal in Dade County, Florida. The sign faces north and south. The Department issued permits for a sign in 1979, one for the north face and one for the south face. These permits authorized a sign on U.S. 441 (State Road 7), approximately 550 feet north of Snake Creek Canal in Dade County, Florida. It is not clear from the record whether these permits were issued for the subject sign or for another sign but the permit tags issued for these permits were affixed to the subject sign until these tags were stolen. The Respondent's permit applications stated that the sign to be erected would be located 500 feet from the nearest existing sign. Subsequent to the Department's issuance of the permits for the subject sign, it determined that the Respondent's sign had been built closer than 500 feet from the nearest sign. The Respondent stipulated that there is less than 500 feet between the subject sign and the sign nearest to it. The sign nearest the subject sign is also owned by the Respondent. It is a two-faced permitted structure located south of the subject sign, and it was in place when the subject sign was erected. In 1981, the Respondent applied for tags to replace the permit tags the Department had issued pursuant to the 1979 application. These tags had been stolen. Replacement tags were not issued by the Department for the reason that it had determined the subject sign to be in violation of the spacing rule requiring 500 feet between signs. Permit fees had been paid by the Respondent through the year 1981. In October of 1981, the Department initiated this proceeding, charging the Respondent with violations of Chapter 479, Florida Statutes for not displaying permit tags on the subject sign, and for violating the spacing rule by locating this sign within 500 feet of an existing sign.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter its Final Order dismissing these charges against the Respondent, E.T. Legg and Company, subject to payment by the Respondent of all permit fees due for the years 1982 through 1986. THIS RECOMMENDED ORDER entered this 31st day of July, 1986 at 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 July, 1986. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Charles C. Papy III, Esquire 201 Alhambra Circle Suite 502 Coral Gables, Florida 33134 Hon. Thomas E. Drawdy Secretary Department of Transportation 562 Haydon Burns Bldg. Tallahassee, Florida 32301 A. J. Spalla, Esquire General Counsel 562 Haydon Burns Bldg. Tallahassee, Florida 32301 =================================================================
