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.
The Issue The issues in this case are whether a sign owned by the Respondent is in violation of Section 479.07(1) and 479.11(1), Florida Statutes, and, if so, what remedial action should be taken by the Department of Transportation.
Findings Of Fact Heinl's Nursery, a division of American Nursery Products, Inc., is the owner of a sign located in Dade County, Florida, on the west side of Krome Avenue (State Road 997) about 36 feet north of its intersection with S.W. 126th Street. The subject sign is located approximately 23 feet from the right-of- way of Krome Avenue. The subject sign has been at that location for a number of years. The face of the sign is made of wood and measures approximately 4 feet by 8 feet. The sign is mounted on metal poles. The message on the sign consists of the owner's name, a logo or graphic decoration, and an arrow pointing towards the right. The Department of Transportation has not issued a permit for the sign. The area in which the sign is located is not zoned commercial or industrial and is not an unzoned commercial or industrial area. The sign is not located on the business premises of the sign owner. Krome Avenue (State Road 997) is part of the federal-aid primary highway system. By notice dated March 21, 1989, the owner of the sign was advised that the sign was in violation of the applicable statutes and must be removed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation issue a Final Order providing for the immediate removal of the subject sign. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 31st day of July 1989. MICHAEL M. PARRISH 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 31st day of July 1989. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Mr. Mike S. Waters 15000 S.W. 192nd Avenue Miami, Florida 33187 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Thomas H. Bateman, III, Esquire Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458
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 June 18, 1986, Department of Transportation sign inspector observed a sign advertising Michael's Foods along U.S. 19 35 feet east of the edge of the pavement of U.S. 19. The easterly boundary of the right-of-way of U.S. 19 at this location is 57 feet east of the edge of the pavement. U.S. 19 is a federal-aid primary highway.
The Issue Whether the Respondent by erecting the two subject signs violated the state and federal regulation and laws by erecting one sign on the right of way of U.S. 319, a Federal Aid Primary Road, and erecting one sign within five (5) feet of said highway. Whether subject signs should be removed for lack of permits.
Findings Of Fact Claimant contended and Respondent admitted that the two subject signs were in violation of set-back requirements of Chapter 479 and the Federal Beautification Act as charged.
Findings Of Fact On or about October 28, 1987, a DOT sign inspector observed a portable sign owned by and advertising Furniture World apparently on the right-of-way of U. S. 19 in front of the Furniture World business in Pinellas County. At this location, the right-of-way of U. S. 19 extends 100 feet from the centerline 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 showed the sign to be 42 feet from the edge of the pavement. Prior to October 28, 1987, the owners of Furniture World removed the sign from its normal location in front of the business to a location where it was not visible from U. S. 19. Furniture World had stopped its nightly openings, and the face of the sign advertised the store as "open tonight." Sometime during the evening hours of October 27, 1987, the sign had been placed on the U. S. 19 right-of-way by a person or persons unknown to the owners of Furniture World. The sign was observed by the owners when the store opened on October 28, and they were awaiting the arrival of the son of one of the owners to remove the sign when the sign was cited by Petitioner.
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 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.
The Issue Whether the Respondent is in violation of s. 479.07(1), Florida Statutes, a law which requires that a permit be applied for, granted, and renewed each year as a regulation for outdoor advertising in the State of Florida.
Findings Of Fact The following described sign had no valid permit tag for the years 1974-1975, 1976-1977: A two-faced sign, one face north and one face south, located on SR 33 at the junction of SR 48 with copy "Clear Lake Campground". Notice of violation regarding the subject sign was properly sent by the Department of Transportation and received by the Respondent. A hearing was requested by the Respondent through Linda Vernon, Wildwood, Florida. A notice was duly sent and the time set for 10:00 A.M. The hearing officer postponed this hearing until 1:00 P.M. awaiting the arrival of a representative of the Respondent. There was no appearance.
Recommendation Remove subject signs ten (10) days after date of final order unless said signs are previously removed by the Respondent. DONE and ORDERED this 18th day of June, 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 Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. C. W. Lichtenberger Post Office Box 47 DeLand, Florida 32720
