Findings Of Fact During an inspection of signs along U. S. 19, a DOT sign inspector observed Respondent's signs 1/2 and 3/4 mile south of C. R. 582 which appeared to be on the right-of-way of U. S. 19. U. S. 19 is a Federal Aid Primary Highway and a part of the State Highway System. The right-of-way of U. S. 19 at this location extends 100 feet east and west of the centerline of U. S. 19 and 50 feet from the edge of the pavement of U. S. 19. Measurements taken from the edge of the pavement of U. S. 19 to the sign 3/4 mile south of C. R. 582 revealed the sign to be 42 feet from the edge of the pavement. The other sign measured 43 feet from the edge of U. S. 19. Accordingly, both signs were on the right-of-way of U. S. 19. Generally, the telephone poles and power line poles are erected along the DOT right-of-way of roads in the State Highway System, and the line of these poles is usually believed to mark the right-of-way boundary. Photographs of Respondent's signs showed those signs to be erected just touching this pole line, but outside that line. Photographs submitted by Respondent also showed other signs clearly on the right-of-way which were not cited as being in violation. One of these signs advertised Job Services of Florida, a state agency. The DOT inspector testified this sign was not cited because he understood state owned signs were exempt from the-no sign on right- of-way statute.
The Issue Whether three signs of Respondent are in violation of the Federal and State laws, rules and regulations by violating the set-back requirements and the requirements for state permit.
Findings Of Fact Respondent was issued a thirty (30) day Violation Notice by Petitioner for a sign located .5 of a mile west of State Road 79 on the south side of I-10 approximately twenty (20) feet from the fence on the outer edge of the right-of- way of I-10. The sign advertised gas, oil, food, camping, road service, and CEO radio shop and is owned by Respondent Rich Oil Company, Bonifay, Florida, a business in operation about .9 of a Mile from the sign. The violations were listed as improper set-back and no permit. A thirty (30) day violation notice was issued to the Respondent by Petitioner on a sign located .6 of a mile east of State Road 79 on the north side of I-10 approximately twenty (20) feet from the fence located on the outer edge of the right-of-way. The products advertised were gas, oil, food, camping, road services, CB radio shop of the business operation of Respondent which business was located about .9 of a mile from the sign. The violations were listed as improper set-back and no permit. A thirty (30) day violation notice was issued to Respondent by Petitioner for a sign located on the southeast corner of St. Johns Road and State Road 79 located six (6) to twelve (12) feet from the outer edge of the right-of-way of State Road 79 advertising the products of Respondent: gas, oil, food, camping, road service, CB radio shop. The business was Operated about one hundred and eighty (180) feet from the sign. The violation was listed as improper set-back and no permit. No state permits were applied for or granted for any of the three subject signs. The signs were set back from the federal aid highway as indicated on the Violation Notices. The signs referred to in (1) and (2) above located east and west of the intersection of State Road 79 and I-10 were placed there by Respondent who stated that they were essential for his business and that the business would be diminished if the signs were removed. The sign described in (3) above on State Road 79 is shown by photograph to have a trailer nearby with a sign on it. Said sign on the trailer is not a subject of this hearing.
Recommendation Remove the signs that are located east and west of the intersection of State Road 79 along the right-of-way of I-10 and described in Findings of Fact (1) and (2) herein. Remove the sign located along State Road 79 described in Findings of Fact (3) herein unless the Respondent removes said sign and relocates it within fifteen (15) feet of the nearest edge of the right-of-way after obtaining a state permit. DONE and ORDERED this 4th day of February, 1977 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Russell A. Cole, Jr., Esquire 123 N. Oklahoma Street Bonifay, Florida 32425 John W. Scruggs, Esquire Department of Transportation Chipley, Florida 32425 George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. Glen E. Rich Rich Oil Company Post Office Box 158 Bonifay, Florida 32425 Mr. J. E. Jordan District Sign Coordinator Department of Transportation Post Office Box 607 Chipley, Florida 32428 Mr. O. E. Black Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Philip Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, vs. CASE NO. 76-1605T RICH OIL COMPANY, Respondent. /
Findings Of Fact On December 9, 1986, Respondent owned a sign that had recently been erected along the west side of U.S. 19 in Pasco County, Florida, 37 feet from the nearest edge of the pavement. The DOT right-of-way at this location extends 88 feet west of the western edge of the pavement of U.S. 19. Upon seeing the DOT sign inspector in the vicinity of the sign, an employee of Respondent came to the scene, saw the violation notice posted and offered to relocate the sign off of the right-of-way. The sign in issue was relocated off of the DOT right-of-way within ten days of the notice of the violation. U.S. 19 at this location is a part of the State Highway System.
Findings Of Fact 1. On or about January 18, 1988, a DOT sign inspector observed Respondent's signs 600 and 625 feet south of Candlewood Drive in Pasco County on what appeared to be the easterly right-of-way of U.S. 19. The right-of-way of U.S. 19 at this location extends 59 feet from the easterly edge of the pavement of U.S. 19. Respondent's signs were 49 feet from the edge of the paved surface of U.S. 19. U.S. 19 is a Federal Aid Primary Highway. Respondent located his signs east of the berm along U.S. 19 which he believed to be off of the DOT right-of-way.
Findings Of Fact Beginning in 1966, Petitioner, BREWINGTON SONS & DAUGHTERS, was engaged in a used-car business located at 8007, U.S. Highway North, in Hillsborough County, Florida. For reasons unrelated to this case, on December 19, 1994, the Florida Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, suspended Petitioner's license as an independent motor vehicle dealer in Florida. As a result of this licensure suspension, Petitioner ceased operation of a used-car business after December 19, 1994. At some time prior to January 18, 1995, Petitioner had erected a sign which read, in pertinent part, "Brewington Sons & Daughters Used Cars, Sales and Service," which sign was located at Petitioner's property on U.S. Highway 301 North, in Hillsborough County, Florida. The subject sign was visible from the main-traveled way of U.S. Highway 301 North. U.S. Highway 301 is a federal-aid primary highway. In January of 1995, prior to the issuance of a notice of violation to Petitioner, Mona Hart, a property and outdoor advertising inspector of Respondent, inspected Petitioner's property from U.S. Highway 301 and observed the subject sign. At the time of this inspection, there was no indication of a used-car business in operation at the site. In January of 1995, prior to the issuance of a notice of violation to Petitioner, Susan Rosetti, the district right-of-way administrator of property management and outdoor advertising with Respondent, contacted the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, regarding the status of Petitioner's license and was informed that Petitioner's license to operate a used-car business had been suspended on December 19, 1994. On January 18, 1995, Respondent issued a notice of violation to Petitioner under Section 479.07, Florida Statutes, and posted a violation sticker on the subject sign for failure to have a permit. On January 19, 1995, Respondent mailed a notice of violation to Petitioner. On January 18, 1995, Petitioner was not operating a used-car business on the premises where the subject sign was located. On or before February 10, 1995, Petitioner removed the subject sign from its location on U.S. Highway North in Hillsborough County, Florida.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a Final Order confirming the issuance of a notice of sign violation to Petitioner. DONE AND ENTERED this 7th day of November, 1995, in Tallahassee, Leon County, Florida. RICHARD HIXSON 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 7th day of November, 1995. APPENDIX As to Respondent's Proposed Findings 1 - 11. Accepted and incorporated. COPIES FURNISHED: Floyd B. Brewington, Sr. Brewington Sons & Daughters 8007 U.S. Highway 301 North Tampa, FL 33637 Mary J. Dorman, Esquire Assistant General Counsel Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, FL 32399-0458 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0450 Attn: Diedre Grubbs, M.S. 58 Thornton J. Williams, Esquire General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0450
Findings Of Fact On or about July 31, 1987, a DOT sign inspector observed Respondent's sign apparently on the right-of-way of U.S. 19, 1000 feet south of Sunset Road in Pasco County. The right-of-way of U.S. 19 at this location on the east side of U.S. 19 extends 32 feet from the eastern edge of the paved lane. The sign was located 25 feet from the eastern edge of the paved lane. Respondent admitted that the sign was in the right- of-way the day the inspector was there, but was relocated there without their knowledge or consent by the contractor paving the parking lot. Davis Center gave Respondent permission to place their sign (Exhibit 2 and 3) on its property. The center is in the process of repaving its parking area in stages so as not to block off all parking at one time. To clear the area for the paving equipment the contractor moved Respondent's sign to the grassy area alongside the parking lot. As soon as Respondent learned its sign had been placed on the right-of-way, it removed the sign from the right-of-way.
Findings Of Fact Respondent is the owner of a sign located alongside I-4 25.03 miles east of U.S. 301 (Exhibit 2). This sign is located outside the city limits of Lakeland, Florida, and is within ten feet of the beginning of the transition of pavement going to the off ramp from the I-4. When inspected in September, 1978, the sign did not have a permit affixed thereto and the records of Petitioner do not indicate this sign has ever been permitted. In 1978 the panels on this sign read "Hilton Inn." When inspected on 25 October 1982, the photograph (Exhibit 1) was taken. This photo shows the panels are missing and the Hilton Inn message does not appear.
Findings Of Fact On July 24, 1987, a DOT sign inspector observed Respondent's sign opposite Respondent's place of business and apparently on the DOT right-of-way of U.S. 19. Measurements were taken by the inspector to locate the sign with respect to U.S. 19. The right-of-way of U.S. 19 at this location is 100 feet east and west of the centerline of U.S. 19. The right-of- way extends fifty feet west of the western edge of the southbound lane of U.S. 19, thus locating the sign some 12 feet inside the right-of-way boundary. Respondent had been advised by a DOT sign inspector where this portable sign could be legally located and the sign was placed in that location out of the DOT right-of-way. On the day the sign was tagged for being on the right-of- way, the man mowing the grass around Wendy's restaurant adjacent to Respondent's restaurant moved the sign to facilitate the mowing. Respondent's owner had previously told the mower to be sure to return the sign to its authorized location if moved to facilitate mowing but, on this occasion, the sign was not immediately relocated to its authorized location.
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
Findings Of Fact On or about July 31, 1987, a DOT sign inspector observed a sign opposite Respondent's place of business advertising Respondent's business, which appeared to be on the DOT right-of-way of U.S. 19 in Hernando County. Measurements to place the sign in relation to U.S. 19 were taken. The right-of-way of U.S. 19 at this location, as determined by a DOT right-of-way marker 1000 feet south of Respondent's sign and the DOT right-of- way map, shows the right- of-way to extend 55 feet west of the edge of the pavement of U.S. 19. The sign at issue was located 46 feet from the edge of the pavement placing the sign 9 feet inside the DOT right-of-way line.
