Findings Of Fact On December 8, 1986, Respondent owned a sign that had been erected along the east side of U.S. 19 in Pasco County, Florida, approximately 51 feet from the nearest edge of the nearest through lane. U.S. 19 at this location is a part of the State Highway System. The DOT right-of-way at this location extends approximately 82 feet east of the eastern edge of the nearest northbound through lane of U.S. 19. Upon seeing the DOT violation notice posted, someone notified Respondent. Respondent had the sign removed from the DOT right-of-way within ten days of the notice of violation.
Recommendation It is RECOMMENDED that a final order be entered assessing a $75 fine against All American commercial Properties, Inc., for owning a sign on the DOT right-of-way along the east side of U.S. 19 in Pasco County on December 8, 1986. ENTERED this 22 day of July, 1987, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1987. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32399-0450 All American Commercial Properties, Inc. Attn: Shelley A. Balduf 6847 County Road 54 New Port Richey, Florida 33552 Kaye N. Henderson, P.E. Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Attn: Eleanor Turner, M.S. 58 Thomas H. Bateman, General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399-0450
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 A DOT sign inspector observed a portable type sign in front of Respondent's automobile dealership on what appeared to be the right-of-way along the east side of U.S. 19. The arrow on the sign pointed to Respondent's business and electrical lines to the sign emanated from Respondent's property. The right-of-way along U.S. 19 at this location extends 100 feet east and west of the centerline of U.S. 19. The easterly edge of the right-of-way at this location is 50 feet from the easterly edge of the north bound traffic lane. Measurements made by the inspector revealed the sign to be located 38 feet from the easternmost edge of the northbound lane of U.S. 19, thereby locating the sign 12 feet inside DOT's eastern right-of-way line.
Findings Of Fact The sign which is the subject of this proceeding is an outdoor advertising structure owned by the Respondent. It was erected on October 28, 1982, and is located on the south side of Douglas Road, 132 feet east of the edge of U.S. 1, in the City of Miami, Florida. The Respondent's sign is situated so as to be read by eastbound traffic on Douglas Road. Douglas Road is an uncontrolled road, in that it is not a Federal-Aid Primary Highway. The Respondent's sign also faces so as to be visible to traffic travelling south on U.S. 1, and it can be read by this traffic. The subject sign is 51 feet from another sign located on the east side of U.S. 1, facing so as to be read by traffic travelling south on U.S. 1, which is permitted by the Department of Transportation. The subject sign is also 403 feet from another permitted sign located further south on the east side of U.S. 1, and facing so as to be visible to traffic travelling south on U.S. 1. U.S. 1, is a Federal-Aid Primary Highway throughout Dade County, and it was open to the public when the Respondent's sign was erected. The Respondent's sign does not have an outdoor advertising permit.
Recommendation From the foregoing Findings of fact and conclusions of Law, it is RECOMMENDED that the Department of Transportation enter its order requiring the removal of the sign of Empire Outdoor Advertising, Inc., located on the south side of Douglas Road, 132 feet east of U.S. 1, in Miami, Florida. THIS RECOMMENDED ORDER entered on this 15 day of August, 1983, 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 15th day of August, 1983. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32312-8064 L. Martin Reeder, Jr., Esquire Post Office Box 2637 Palm Beach, Florida 33480 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue Whether the Respondent is in violation of Chapter 479, F.S., Section 335.13, F.S., Section 339.301 F.S., and the Federal Rules and Regulations appertaining to outdoor advertising on the Federal Aid Highways.
Findings Of Fact The Respondent admitted that it constructed the subject sign located 1,100 feet west of Junction State Road 59 and 110 on the south side of 110. The copy reads "Mid-Continent." The sign height is approximately twelve (12) feet but projects some seventy (70) feet in the air. There is no permit attached to the sign as required by Section 479.07, F.S. Application for a permit was made but after discussion with representatives of the Respondent, it was found that the sign could not be permitted and the application for permit was denied. This sign cannot be called an on-premise sign inasmuch as it is more than a hundred feet from the business operation of the Respondent which is a truck stop although the sign reads merely "Mid-Continent." Respondent admitted that the business known as "The Big Bend Truck Plaza" is part of an operation of "Mid-Continent Inn Truck Stops" and the "Mid- Continent" sign was erected in anticipation of the further development of the area in which the "Big Bend Truck Plaza" is located. The sign, as erected at the date of the hearing, was more than 800 feet from the premise although it is evidently the intention of the parties that a building be erected so that the sign would be within a hundred feet of the sign that is now standing.
Recommendation Remove subject sign within ten (10) days after the issuance of the Final Order unless Respondent removes said sign previous thereto. DONE and ORDERED this 30th day of July, 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: Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Thomas W. Lager, Esquire Laface and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Fred Baggett, Esquire Laface and Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32304 Mr. J. E. Jordan District Sign Coordinator Department of Transportation Post Office Box 607 U.S. Highway 90 East Chipley, Florida 32428
Findings Of Fact On July 15, 1987, the DOT sign inspector observed a sign owned by Respondent in front of McDonald's restaurant on what appeared to be the right- of-way along the western side of U.S. 19, 800 feet south of Lime, in Pinellas County. The DOT right-of-way along U.S. 19 at this location extends 100 feet eastward of the centerline of U.S. 19. The right-of-way line on the western side of U.S. 19 at this location is 55 feet from the westernmost edge of the southbound lanes. Measurements taken from the pavement edge to the sign located the sign 48 feet from the edge of the pavement, which is 7 feet inside the right of way line. When a permit for this sign was obtained by Respondent from the City of Tarpon Springs Planning Department, a sketch accompanying the application (Exhibit 5) located the sign 30 feet from the edge of the pavement of U.S. 19. When cited for being on the right of way, this sign was located further from the pavement of U.S. 19 than landscaping shrubs planted and tended by McDonald's in front of the restaurant. For these reasons, Respondent assumed the sign was legally positioned. The location of the DOT right of way is not readily determinable by a businessman desiring to erect a sign in front of his business. Generally, the power line poles are placed along the right-of-way line; however, this is not always an accurate method of location of the limit of the right-of-way. This is specifically true where additional right-of-way has been acquired by DOT along U.S. 19 and other highways. Upon being notified of the citation of this sign for being located on the right-of-way, Herb Selak, owner of Don's Porta Signs, rode up and down U.S. 19 and observed numerous signs located inside the power pole lines which had not been cited. Photographs of those signs were admitted into evidence as Exhibit A written list of those signs provided by Selak for DOT was admitted as Exhibit 10. Selak also observed a DOT vehicle parked in a restaurant parking, and he pulled in and observed one sign inspector emerge from the restaurant with another person and point out the portable sign in front of the restaurant. A photo of this sign showing it to be inside the power pole line was admitted into evidence as Exhibit 9. This sign was not cited by the inspector. Selak made an appointment and proceeded to Bartow to discuss the citing of his signs for violating the right-of-way. He gave a copy of Exhibit 10 to the chief of the outdoor advertising section for DOT District I. Most of these signs were subsequently cited by the DOT inspector for being on the right- of- way. Where signs are located on newly acquired right-of-way, the department takes the position that the sign owner be notified that the sign is in the right-of-way, and he is entitled to a reasonable time in which to remove the sign therefrom.
Findings Of Fact Respondent, Arrowhead Campsites, owns a sign located one mile east of State Road 71 on Interstate Highway 10 in Jackson County, Florida. The sign is located 139 feet from the edge of the highway, and is clearly visible from the main traveled portion of that highway. At the time of the petition in this case, no permit tag was located on the sign, and, additionally, no permit tag was on the sign when last inspected on October 2, 1978, four days prior to hearing in this cause. Respondent, Arrowhead Campsites, owns a sign located .6 miles west of State Road 69 on Interstate Highway 10 in Jackson County, Florida. This sign is clearly visible from the main traveled portion of the roadway, and is located 188 feet from the edge of the roadway. In addition, the sign is located 240 feet from an interchange on Interstate Highway 10. At the time the petition in this cause was filed on March 28, 1978, no permit tag was located on the sign, and, further, no permit tag was located on the sign on October 2, 1978, four days prior to the hearing in this cause. Both the sign located one mile east of State Road 71 on Interstate Highway 10 and the sign located .6 miles west of State Road 69 on Interstate Highway 10 bear copy advertising Arrowhead Campsites. Both of the signs in question are located outside any incorporated city or town. Any proposed findings of fact submitted by Respondent and not incorporated in this recommended order are specifically rejected.
The Issue Case No. 87-1735T: Whether respondent's sign located .14 miles east of Old San Ann Road on State Road 52 violates the spacing rule and was erected without a required permit. Case No. 87-1736T: Whether respondent's sign located .07 miles west of Ann Road, on State Road 52 was erected without the required permit.
Findings Of Fact Case No. 87-1735T: Respondent owns an outdoor advertising sign adjacent to State Road 52 and .14 miles east of Old San Ann Road. The sign advertises Dick Jarrett Ford, Dade City. The sign site is located within the corporate limits of Dade City, Florida. At the site of the sign, State Road 52 is a federal-aid primary highway. The sign is located approximately 100 feet from the edge of the highway pavement, and the edge of the highway pavement is 12 feet from the center line of the road. There is a 50-foot right-of-way on the eastbound side of the road, which places the sign approximately 62 feet from the right-of-way. The sign is visible to traffic on State Road 52. When the sign was observed by Linda K. Brown, an Outdoor Advertising Inspector for the Department of Transportation, the sign had no permit tag attached to it. Further, the sign was located 460 feet from a permitted sign on the same side of the highway. A review of Department of Transportation records revealed that no permit had been issued for the sign in question. The inspection and review by Ms. Brown resulted in the issuance of the Notice of Violation dated March 12, 1987. Case No. 87-1736T: Respondent owns a sign located on the eastbound side of State Road 52, .07 miles west of Ann Road, in Pasco County, Florida. At that location, State Road 52 is a federal-aid primary highway. The sign is located approximately 50 feet from the edge of the road pavement, which is 12 feet from the center line of the road. There is 50-foot right-of-way on the eastbound side of the road. Thus, the sign is approximately 12 feet from the road right-of-way. The sign is visible to traffic on State Road 52. The sign is owned by Joe Bryant, the respondent, and is located on property where Mr. Bryant has his residence. The sign is located approximately 50 feet from his front door. When Ms. Brown initially observed the sign, on March 11, 1987, the sign contained an advertisement for General Home Development and the model center located on the 98 Bypass. The model center is approximately 2 miles from Mr. Bryant's property. Mr. Bryant does not work as a sales representative for General Home Development and General Home Development has no offices or sales representatives on his property. Respondent's intent is to receive revenue for the subject sign. On March 11, 1987, the subject sign had no permit tag attached to it, and a subsequent review of the records of the Department of Transportation showed that no permit had been issued for the sign. Based on the inspection and review by Ms. Brown, the Notice of Violation was issued. Subsequently, the face of the sign was removed by Mr. Bryant.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered finding that the signs involved in Case No. 87-1735T and 87-1736T were erected without the permits required by statute, directing that respondent remove both signs, including the structures, within thirty (30) days from the day of the Final Order, and providing that should respondent fail to comply with the order, the petitioner shall remove the signs and charge the respondent for the cost of removal. DONE and ORDERED this 25th day of June, 1987, in Tallahassee, Florida. DIANE A GRUBBS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of June, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-1735T & 87-1736T Petitioner's Proposed Findings of Fact Accepted in paragraph 1 Accepted in paragraphs 1 & 2 Accepted in paragraph 3 Accepted in paragraphs 4 & 5 COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation 605 Suwannee Street Tallahassee, Florida 3299-0458 Joe Bryant Post Office Box 805 Dade City, Florida 33525 Kaye Henderson, Secretary Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064
The Issue The issue is whether a billboard structure is in compliance with Chapter 479, Florida Statutes.
Findings Of Fact The Department is the state agency responsible for regulating outdoor advertising signs located within 660 feet of the nearest edge of the State Highway System, interstate, or Federal-Aid Primary system in accordance with Chapter 479, Florida Statutes. Lamar is in the business of providing outdoor signs for entities wishing to advertise. Lamar owns the sign at the northeast corner of the intersection of Betton Road and Thomasville Road in Tallahassee, Leon County, Florida. The sign was built in 1980 and rebuilt in June 1997. The sign has two sides. One side faces Betton Road, and is visible only to persons on Betton Road. The Department does not assert that a permit is required for that side. The other side of the sign, facing to the west, is within 660 feet of Thomasville Road, which is also referred to as State Route 61, and is visible from Thomasville Road. In 1974, State Route 61 was known as U. S. Highway 319. It was a Federal-Aid Primary route. On June 24, 1974, a road denominated Capital Circle located on the outskirts of Tallahassee, was designated U.S. Highway 319. Thomasville Road although no longer a part of U.S. Highway 319, continued to bear the name State Route 61 and remained a Federal-Aid Primary route. In 1983 the Federal Highway Administration listed both Capital Circle and State Route 61 as Federal-Aid Primary routes. In 1991, the Federal Highway Administration created the National Highway System and ceased using Federal-Aid Primary designations. State Route 61, also known as Thomasville Road, nevertheless remained a Federal-Aid Primary road for outdoor advertising classification purposes at all times pertinent to this case. For federal highway identification purposes, the road is currently in the Surface Transportation Program. Prior to May 23, 1996, Lamar held an outdoor advertising permit pursuant to Section 479.07, Florida Statutes, for this sign. The sign was assigned tag number BG 518-35. On May 23, 1996, the Department issued a "Notice of Violation--Signs for Which Permits Have Been Issued," addressing permit number BG 518-35. This notice indicates that it was sent to Lamar via registered mail, return receipt requested. It informed that the sign was in violation of Chapter 479, Florida Statutes, or Florida Administrative Code Chapter 14-10 because the sign: "May not be maintained without permission of the person lawfully controlling site (479.11(9), FS)." On July 31, 1996, in a letter signed by District Outdoor Advertising Manager Vicki L. Davis, the Department notified Lamar that, because the Department had received a statement of loss of landowner's permission for the sign bearing tag number BG 518-35, Lamar was required to remove the sign. The Department included a "certificate of cancellation" with the letter. Lamar admits that it voluntarily canceled its permit for the sign in August 1997. Subsequently, the sign remained with its permit tag attached, unmolested by the Department for approximately 11 years. In January 1997, Lamar acquired a separate monopole structure bearing two signs with tag numbers BN 504 and BN 505. These signs are less than 200 feet to the north of the subject sign. During a 2007 inspection, an agent for the Department observed the subject sign. It still bore tag number BG 518-35. On March 14, 2007, the Department issued the "Notice of Violation-Illegally Erected Sign" addressed above. As noted before, the violation was based on the sign's having no permit.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a final order finding that the sign is a public or private nuisance and requiring that it be removed as provided in Subsection 479.105(1)(a), Florida Statutes, and dismissing case number 08-1137. DONE AND ENTERED this 16th day of July, 2008, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of July, 2008. COPIES FURNISHED: Gerald S. Livingston, Esquire Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. 215 South Monroe Street, Second Floor Post Office Box 10095 Tallahassee, Florida 32302-2095 Susan Schwartz, Esquire Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450 James C. Myers, Clerk of Agency Proceedings Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450 Alexis M. Yarbrough, General Counsel Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450 Stephanie Kopelousos, Secretary Department of Transportation Haydon Burns Building, Mail Station 57 605 Suwannee Street Tallahassee, Florida 32399-0450
Findings Of Fact On July 31, 1987, a sign owned by Hodessa Corporation for whom Gia Associates is the agent was located on the right-of-way of U.S. 19 in Pasco County, .3 mile north of Floramar. When erected by the sign company some months earlier the sign was located in a legal location and not on the right-of-way of U.S. 19. Considerable construction work was being done on the property owned by Hodessa. Upon completion of the parking lot the sign was moved by the construction workers onto the right-of-way of U.S. 19. As soon as this error was discovered by Respondent the sign was relocated to its proper position.
