Findings Of Fact On July 20, 1987, a DOT sign inspector observed a sign owned by Respondent alongside U.S. 19, 500 feet south of S.R. 590 which appeared to be on the DOT right-of-way of U.S. 19. Measurements of the distance of the sign from the pavement of U.S. 19 were taken. 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 west side of the pavement. The sign was located 32 feet from the edge of the pavement on the west side of U.S. 19 some 18 feet inside the right-of-way line. The location of the DOT right-of-way is not readily determinable by a businessman desiring to erect a sign in front of his establishment. Generally, the power line poles are placed along the right-of-way line; however, this is not always an accurate method of locating the limit of the right-of-way. Here there were two lines of power line poles, and the sign was located between the pavement and the line of poles furthermost west of U.S. 19.
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
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
Findings Of Fact On August 4, 1987, a DOT sign inspector observed a sign advertising Respondent's business adjacent to the business and appearing to be on the right- of-way of SR 52 in Pasco County. Measurements were taken from SR 52 to the sign by the inspector. The right-of-way of US 52 extends 50 feet north and south from the centerline of US 52 at this location. From the edge of the pavement of SR 52 the right of way extends 38 feet on the side on which Respondent's sign was located. The sign was measured to be 33 feet from the edge of the pavement. Respondent placed the sign on property thought to be owned by the owner of the building in which the salon is located. There are other structures such as ornamental lamps which are also located on the right-of-way in this vicinity. However, Section 479.11(8), Florida Statutes, does not proscribe the erection of structures other than signs on the DOT right-of-way.
Findings Of Fact Union Street at its intersection with Jefferson Avenue in Jacksonville, Florida, is also known as US 23 and is a federal-aid primary highway. It is a one-way street for east-bound traffic and is located within the corporate limits of Jacksonville. The proposed sign would be located on the north side of Union Street 20 feet west of the intersection with Jefferson Street and would face west to be viewed by the eastbound traffic on Union Street. Zoning at the proposed location is commercial/industrial. Criterion Advertising Company has been issued permits for two signs near the intersection of Union Street and Jefferson Avenue (Exhibits 5 and 6). These signs are on the south side of a building on the northeast corner of this intersection, thus making them parallel to Union Street 14 feet and 20 feet respectively east of the Jefferson Avenue pavement. Jefferson Avenue is not a federal-aid primary highway. In their inventory the Department of Transportation (DOT) carries the Criterion signs as facing westerly because they can be seen by the eastbound traffic on US 23. There are only four blocks on an application for a sign permit in which to mark the direction in which the sign faces. These are the four cardinal points of the compass. Highways in Florida, as well as the streets in most cities in Florida, run generally in a north/south or east/west direction. Signs alongside a federal-aid primary highway that are intended to be seen by northbound traffic are carried in DOT inventory as southerly facing signs whether they actually face in a southerly compass direction or not. Advertising signs, the face of which are parallel to the highway from which they are viewed, are not as saleable as are signs at right angles, or nearly so, to the highway.
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 By notice of alleged violation dated January 19, 1979, the Department charged that the Respondent, Chevron, U.S.A., installed a sign on 1-4, 23.86 miles east of U.S. 301, without a permit in violation of Rule 14-10.04, Florida Administrative Code. The notice also alleged that the sign was too close to an off ramp of 1-4, in violation of Title 23, Section 13, U.S. Code Para. 2(B). The parties stipulated that the sign is located along 1-4, a part of the Federal Interstate Highway Systems which was open to vehicular traffic in 1959-1960 and that the sign is located in the unincorporated area of Polk County. On or about October 22, 1969, the Respondent contracted with Pickett and Associates, of Tampa1 Florida, a general contractor, to construct a complete operating service station at 1-4 and SR 35-A. Included in the contract price was the cost of constructing the sign in question. An engineer for Chevron, J. L. Edgar, requested on June 4, 1969, that Pickett and Associates proceed to obtain all permits prior to construction. Due to no direct fault of the Respondent, the necessary permits to install the sign were never obtained from the Department. This fact was discovered when a sign inspector noticed the sign to be in poor condition and in need of repair. The contractor who erected the sign was contacted regarding the permits but all records relating to this particular job have been discarded. Chevron was unaware that the sign was never permitted until the notice was issued by the Department. The sign is located within five hundred (500) feet of the exit ramp off 1-4 to Kathleen Road (SR 35-A) , as measured from the spot where the road widens to the exit. No evidence was submitted to show that the sign was on the same property of the station or within one hundred (100) feet thereof.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore RECOMMENDED: That the Respondent's sign be found in violation of Rule 14- 10.06(1)(b)(2)(b) , Florida Administrative Code and Section 479.07, Florida Statutes. DONE and ORDERED this 18th day of August, 1980. in Tallahassee, Florida. SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: J. A. Scott Chevron, U.S.A., Inc. 3908 10th Avenue Tampa, Florida 33605 Charles Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact The sign in issue in these proceedings is mounted on the bed of a pick- up truck which is generally parked opposite Respondent's business. The vehicle is moved daily, sometimes several times per day. On August 5, 1987, a DOT sign inspector observed Respondent's sign in an area appearing to be on the DOT right-of- way of SR 52 in Pasco County. Measurements were taken to locate the sign with respect to SR 52. The DOT right-of-way along SR 52 at this location extends 50 feet north and south of the centerline of SR 52, and 38 feet from the edge of the pavement of SR 52. On August 5, 1987, the DOT sign inspector using a steel tape measure found Respondent's sign to be located 12 feet from the edge of the pavement, thus clearly on the right-of-way.
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
Findings Of Fact On or about January 8, 1988, a DOT sign inspector observed two of Respondent's signs along U.S. 19, 50 feet north of C.R. 95 and 300 feet north of C.R. 95 which appeared to be on the right-of-way of 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 and 50 feet east and west of the edge of the pavement of U.S. 19. Respondent's two signs were 34 feet and 38 feet, respectively, from the edge of the paved surface of U.S. 19. On or about January 13, 1988, a DOT sign inspector observed a sign owned by Respondent along U.S. 19, 50 feet north of Lake Street which appeared to be on the right-of-way of U.S. 19. The right-of-way of U.S. 19 at this location extends 55 feet from the easterly edge of the pavement of U.S. 19. A measurement taken from the edge of the pavement to Respondent's sign showed the sign to be 46 feet from the edge of the pavement. U.S. 19 is a Federal Aid Primary Highway. Respondent presented testimony that when its signs were erected they were located no closer to U.S. 19 than the power pole line which is generally located in the DOT right-of- way line.
