Findings Of Fact On or about August 11, 1987, a DOT sign inspector observed a portable sign opposite Respondent's place of business advertising Respondent's business and exhibiting Respondent's telephone number, which appeared to be on the right- of-way of U.S. 41 in Pasco County. The right-of-way of U.S. 41 at this location extends fifty feet east and west of the centerline of U.S. 41 and 38 feet from the edge of the paved lane on the east side of U.S. 41. Respondent's sign was located 28 feet from the edge of the northbound lane of U.S. 41, some 10 feet inside the eastern right-of-way line at this location. Respondent has occupied the same building for the past 10 or 11 years and the sign, which is portable, has been in the same location since she opened her salon. No one ever told Respondent that the sign was located on the DOT right-of-way before the sign was cited for the violation. As soon as she was advised the sign was illegal Respondent relocated the sign off 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 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.
The Issue Whether the subject sign, owned by Calusa Campground Condominium Association, Inc. (Calusa), is illegally erected because it is (1) located in the right-of-way of the Florida Department of Transportation (the Department) on U.S. Highway 1 in Monroe County, Florida, and/or (2) it does not have a required permit.
Findings Of Fact The Department is an agency of the State of Florida responsible for regulating outdoor advertising signs within 660 feet of certain road systems, including federal-aid primary highways. Calusa is the owner of the subject sign, which is located in Monroe County, Florida, on U.S. Highway 1. The subject sign is located in the Department's right- of-way. U.S. Highway 1 in Monroe County is a federal-aid primary highway, and it has been designated as a scenic highway. With the exception of an "on-premises sign," a permit issued by the Department is required for signs located within 660 feet of a federal-primary highway. The subject sign is not an "on-premises sign." A permit is required for the subject sign. The subject sign does not have the required permit. Calusa was issued a "Notice of Violation - Illegally Erected Sign in Right of Way" on February 23, 2011, and an "Amended Notice of Violation - Illegally Erected Sign in Right of Way" on July 10, 2012. The violations were based on two reasons: (1) the sign lacks required permits, and (2) the sign is unlawfully in the Department's right-of-way. Both notices contained the following: This sign is illegal and must be removed within 10 days from the date of this Notice, pursuant to s. 479.107(1), F.S. If it is not removed within that time, it will be removed and disposed of by the Department without further notice. PLEASE NOTE: If the sign is removed by the Department, all costs associated with the removal will be assessed against the sign owner. . . .
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that the Florida Department of Transportation enter a final order finding that the subject sign is illegal and ordering its removal. DONE AND ENTERED this 6th day of November, 2012, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of November, 2012. COPIES FURNISHED: Kimberly Clark Menchion, Esquire Department of Transportation Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399 Michael Healy, Esquire The Silver Law Group, P.A. Post Office Box 710 Islamorada, Florida 33036 Deanna Hurt, Clerk of Agency Proceedings Department of Transportation Mail Station 58 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 Gerald B. Curington, General Counsel Department of Transportation Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399 Ananth Prasad, Secretary Department of Transportation Mail Station 57 605 Suwannee Street Tallahassee, Florida 32399
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.
The Issue Whether at least one of three signs located in the area of subject sign is in violation of state and federal law. Which signs, if any, are in violation. Whether the subject sign is in violation of the spacing regulation of Chapter 479, Florida Statutes.
Findings Of Fact There are three signs standing on a strip of land adjoining U.S. 19, a Federal Aid Primary Road approximately six (6) miles North of S.R. 60. The spacing requirement is that there must be at least 500 feet between signs. Copy on the sign advertising "Parkview Terrace by U.S. Home" is a two-faced sign with one side blank and is located between two signs which have a permit to advertise although the spacing between the three signs standing is not the required 500 feet. The cited sign presently advertising "Parkview Terrace by U.S. Home" was formerly in a location owned by Artcraft which company did not apply for a permit and which Artcraft informed Complainant was going to be removed. The Complainant did not prosecute for permit violation inasmuch as the inspector was told the sign would be removed and when removed the other to signs involved herein would be eligible for permits. The site was abandoned but Respondent erected another sign in approximately the same location without a permit.
Findings Of Fact On July 20, 1987, a DOT sign inspector observed a sign owned by Respondent along U.S. 19 near the intersection of Evans Road in Pinellas County which appeared to be on the DOT right-of-way along U.S. 19. The right-of-way along 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. The measured distance from the edge of pavement to the sign was 39 feet, thus placing the sign 11 feet inside the right of way. Generally the line of power poles along U.S. 19 marks the DOT right-of- way; however, this is not necessarily true, particularly when additional right- of-way is acquired. One photograph of the sign (Exhibit 2), taken a short distance from the sign by the DOT sign inspector, would indicate part of the sign is inside the line of power poles. Another photograh (Exhibit 4), taken by Respondent from a greater distance from the signs, would indicate the sign is outside the line of power poles. The check list (Exhibit 3), prepared by the DOT sign inspector at the time the sign was cited, does not reveal the location of the sign with respect to the right-of-way, yet the inspector testified to the measurements in finding no. 2 above.
Findings Of Fact Petitioner issued a violation notice on the 29th day of June, 1977, alleging that a sign owned by Respondent located at the northwest corner of Seminole and Pratt-Whitney Road on State Road 80, Palm Beach County, Florida, violated permit, zoning and spacing laws. No application was made for the erection of this sign and none secured from the Florida Department of Transportation. The sign is approximately 12-15 feet west of an existing sign and is approximately 60 feet from the edge of the right of way of the Federal Aid Primary Road 80. The area in which the sign was erected is zoned agricultural. Petitioner contends that the sign violates the set back and spacing requirements of Section 479 and that it was erected in an agricultural zoned area without a permit. Respondent contends that the area is agricultural and is in a remote part of Palm Beach County and that he should be allowed a variance inasmuch as the sign is necessary for the advertising of his business in the rural section of the county.
Recommendation Remove subject sign for failure to obtain a permit and for violation of zoning and spacing laws. There are no provisions for a variance under the facts of this case. DONE and ENTERED this 19th of December, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. O. E. Black, Administrator Outdoor Advertising Section Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. Allan Black, President Allan Black Construction Corporation Box 5-73 - Wellington West Palm Beach, Florida 33411
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.
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
