Findings Of Fact On or about January 11, a DOT sign inspector observed two signs owned by Respondent on what appeared to be the right-of-way of U.S. 19 in the vicinity of C.R. 576 in Pinellas County. 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 east and west of the edge she paved surface of U.S. 19. U.S. 19 is a Federal Aid Primary Highway and part of the State Highway System Measurements were taken on the distance from the edge of the paved surface of U.S. 19 to the signs. The sign located 500 feet south of C.R. 576 was 35 feet from the edge of the pavement, and the sign 0.1 mile south of C.R. 576 was 38 feet from the edge of the pavement. On or about January 27, 1988, the DOT sign inspector observed a sign 0.75 mile south of C.R. 592 owned by Respondent on what appeared to be the right-of-way of U.S. 19 in Pinellas County. The right-of-way of U.S. 19 in this location is the same as in Finding No. 2 above. Measurements taken of this sign from the edge of the pavement showed the sign to be 38 feet from the edge of the paved surface of U.S. 19, placing the sign some 12 feet inside the right-of-way boundary. Respondent submitted photographs of other signs which appeared to be on the right-of-way of U.S. 19 in the vicinity of Respondent's signs which were not cited for being on the right-of-way. However, during the past year some 2,000 violations have been issued citing signs, principally along U.S. 19, with being located on the right-of-way.
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 On July 24, 1987, a DOT outdoor advertising sign inspector observed a portable sign in front of Respondent's business establishment along U.S. 19 just north of SR 696A. The right-of-way along the west side of U.S. 19 extends 54 feet from the western edge of the pavement of U.S. 19. The sign was located 42 feet from the western edge of the pavement of U.S. 19. Thus the sign was clearly within the right of way. Respondent presented testimony that the widening of U.S. 19 had already led to the taking of half its property including a large sign advertising the business, and the development of sink holes had caused the sign to be moved closer to the highway.
Findings Of Fact Respondent is a company owned by Jack Williams that leases portable signs to businesses desiring to advertise. These signs are constructed to attach letters to spell out the advertised message on the sign and illuminate the sign at night if desired. The signs are sufficiently small and light that they can be readily moved as the lessee desires. On June 18, 1986, one of Respondent's signs leased to a car dealer was found to be in the DOT right-of-way along U.S. 19, 0.28 miles of Candlewood Drive and in front of the business advertised. The nearest edge of the sign to the highway was 46 feet from the easterly edge of the pavement. The eastern edge of the DOT right of way at this point is 50 feet from the edge of the paved surface of U.S. 19. U.S. 19 is a federal-aid primary highway. Respondent's lease agreement (Exhibit 8) is in the form of a statement billing the lessee of the sign for one month use of the sign. That statement provides it shall be the customer's responsibility to comply with state and local laws and regulations.
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 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
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 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.
