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 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.
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 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 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
Recommendation Based on the foregoing Findings of Pact and Conclusions of Law the Hearing Officer would recommend that the agency head enter a final order permitting the voluntary removal of the entire structure within 30 days of the date of the agency head's final order, and directing employees of the Department of Transportation to remove the structure after the 30-day period without compensation to the owner. DONE and ORDERED this 31st day of October, 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 Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 1980. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 James P. Appleman, Esquire 206 Market Street Post Office Box 385 Marianna, Florida 32446
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.
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
