Findings Of Fact On or about August 11, 1987, Respondent owned a sign advertising the business which was located on the DOT right-of-way along U.S. 41 in Pasco County. When Respondent moved into its present location it placed some of its castings on display on the right-of-way alongside its business. The co-owner was told by the Deputy Sheriff that the castings had to be removed from the right-of-way but it was all right to leave the sign on the DOT right-of-way. Accordingly, until the sign was cited for the violation, Respondent thought its sign was legally erected.
The Issue Whether Relocation Assistance Appeal of Petitioner should be granted. Petitioner was not represented by legal counsel or other representative at the hearing. After an explanation of her rights in administrative hearings conducted under the provisions of Chapter 120, Florida Statutes, Petitioner stated that she wished to proceed in her own behalf.
Findings Of Fact Petitioner moved into an apartment located at 1013 West Broward Boulevard, Fort Lauderdale, Florida on June 9, 1977. (Testimony of Petitioner, supplemented by Exhibit 2) On August 3, 1977, Petitioner acknowledged receipt of a letter from Respondent which notified her that Respondent was in the process of acquiring right-of-way for a state road project located where she lived and that negotiations for the purchase of the property had begun on June 23, 1977. The letter enclosed an informational brochure entitled "YOUR RELOCATION" and expressed the desire of Respondent to assist in Petitioner's relocation necessitated by the property acquisition. (Exhibit 1) In late November or early December, 1977, Petitioner vacated her apartment upon the request of the landlord for non-payment of the rent. (Testimony of Petitioner, supplemented by Exhibit 2) Respondent purchased the property where Petitioner had resided from the West Broward Land Corporation on February 8, 1978. The purchase was accomplished pursuant to the Federal Highway Aid Program (PL 91-646) and involved the widening of Broward Boulevard (SR 842). Guidelines under the federally funded program are implemented by the Federal Aid Highway Program Manual and by Chapter 14-14.05, F.A.C., which incorporates by reference Respondent's Right-of-way Bureau Operating Procedures. These procedures include eligibility criteria for receipt of monetary payments by individuals who have been displaced from real property as a result of its acquisition by the state. (Testimony of Moon, Exhibit 3) On February 15, 1978, Petitioner was present at the residence of another tenant of the apartment building at the time Respondent's right-of-way agent was explaining relocation benefits to that individual. Petitioner asked the agent if she could return to her former apartment and resume occupancy, but he explained that he had no authority to grant such permission. Thereafter, Petitioner moved back into the apartment. She testified at the hearing that one of Respondent's employees named Bill Barnette had told her she could occupy the premises. This alleged authorization however, took place at the time Petitioner was given a check for $320 for moving expenses by Barnette sometime in March, 1978. (Testimony of Way, Petitioner, Crawford, Johnson, supplemented by Exhibits 2, 5) Thereafter, Petitioner made application with Respondent for rent supplement payments, but by letter of October 2, 1978, Respondent denied any such payment on the ground that Petitioner was not living on Broward Boulevard when the state obtained legal possession of the property. (Testimony of Moon, Case File)
Recommendation That Petitioner's appeal be denied. DONE and ENTERED this 13th day of March, 1978, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of March, 1978. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Sallie Mae Ray 429 1/2 North West 7th Terrace Ft. Lauderdale, Florida 33311 Also mailed to Ms. Ray at: Apartment 14 North West 10th Avenue and 7th Street Fort Lauderdale, Florida
Findings Of Fact During an inspection of signs along U. S. 19, a DOT sign inspector observed Respondent's signs 1/2 and 3/4 mile south of C. R. 582 which appeared to be on the right-of-way of U. S. 19. U. S. 19 is a Federal Aid Primary Highway and a part of the State Highway System. 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 edge of the pavement of U. S. 19. Measurements taken from the edge of the pavement of U. S. 19 to the sign 3/4 mile south of C. R. 582 revealed the sign to be 42 feet from the edge of the pavement. The other sign measured 43 feet from the edge of U. S. 19. Accordingly, both signs were on the right-of-way of U. S. 19. Generally, the telephone poles and power line poles are erected along the DOT right-of-way of roads in the State Highway System, and the line of these poles is usually believed to mark the right-of-way boundary. Photographs of Respondent's signs showed those signs to be erected just touching this pole line, but outside that line. Photographs submitted by Respondent also showed other signs clearly on the right-of-way which were not cited as being in violation. One of these signs advertised Job Services of Florida, a state agency. The DOT inspector testified this sign was not cited because he understood state owned signs were exempt from the-no sign on right- of-way statute.
Findings Of Fact The Department presented evidence that its inspector discovered a sign located on State Road 71, 0.3 miles south of Interstate 10. Inspection revealed that the sign did not have a permit affixed as described in Section 479.07, Florida Statutes. The sign's informative content was visible from the traveled way of the place known as State Road 71. The distance from the sign to the pavement was measured and, to within inches, was determined to be 64 feet. The sign was inspected in July of 1978, and again on May 2, 1979. It was in essentially the same condition on both occasions. The Department of Transportation presented no substantial and competent evidence regarding the ownership of the sign. The message on the sign advertised Stephen's Chevron; however, no evidence was presented that Henry Stephens, the Respondent, had any real relationship with Stephen's Chevron. NO substantial and competent evidence was presented that the place known as State Road 71 was a highway within the definition of federal aid primary highway. No substantial and competent evidence was presented that the place known as State Road 71 was a highway as defined for the purposes of Chapter 479.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that no action be taken against the subject sign. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 4th day of June 1979. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Frank H. King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 Charles M. Wynn, Esquire Post Office Box 793 Marianna, Florida 32446
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.
Findings Of Fact Petitioner's sign was erected without the benefit of a permit from DOT and was subsequently cited for violation of the Highway Beautification Act, Chapter 479, Florida Statutes. Petitioner's application for a permit for a sign located along U.S. 19, 1000 feet south of Hiawatha Parkway in Hernando County was denied after measurements taken by a DOT sign inspector showed the sign to be within 1000 feet of a permitted sign owned by Whiteco Metro Company on the same side of U.S. 19 facing in the same direction as Petitioner's sign. A Notice of Violation was placed on the sign on November 3, 1987, directing Petitioner to remove the sign within 30 days. When Petitioner failed to take action and correct this violation, the sign was removed by Respondent.
The Issue Whether a sign owned by Respondent and located on the northbound side of 27, at 853 U.S. 27 South, Lake Placid, Florida, is located in the road right-of-way, and must be removed.
Findings Of Fact The Florida Department of Transportation (DOT) is the state agency charged with the duty to administer and enforce the provisions of Chapter 479, Florida Statutes, which regulates outdoor advertising structures along the state highway system. U.S. 27 in Highlands County, Florida, is a part of the state highway system, and title to the right-of-way for said highway is held in the name of the State. Respondent is the owner, and maintains a two sided sign structure (sign) located at 853 U.S. Highway 27 South, Lake Placid, Florida, in Highlands County, which has been erected in the DOT right of way of U.S. Highway 27, inventory section 44, approximately 300 feet South on the North bound side of the highway. The sign is approximately 8 foot by 8 foot made of wood with wooden poles, and contains the advertising copy: "Mrs. CLAIR Psychic...Tarot...Palms...(Se habla espanol)", followed by a telephone number. On March 22, 1991, Respondent was served with a Notice of Violation from the DOT concerning said sign, and was advised that said sign was erected in violation of Florida law, and must be removed within ten working days of the notice. Said sign is presently standing in the DOT right-of-way, as of the date of the formal hearing.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent's request for an exemption from the provisions of Section 479.11(8), Florida Statutes, be DENIED and that Respondent be ordered to remove said sign from the DOT right of way, in accordance with the provisions of Section 479.107, Florida Statutes. DONE AND ENTERED this 23rd day of December, 1991, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 23rd day of December, 1991. Copies furnished: Jay O. Barber, Esq. Assistant General Counsel Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Laura Uwanawich Mrs. Clair 853 U.S. 27 South Lake Placid, FL 33852 Ben G. Watts, Secretary Attn: Eleanor F. Turner, M.S. #58 Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458
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 Petitioner, Elgie Products (Elgie), is a partnership whose general partner is Richard J. Connolly, Sr. The mailing address of the business is 3000 Southwest 26th Terrace, Fort Lauderdale, Florida. At the present time, Connolly and his wife are engaged in the business of raising bees, making draperies and installing plexiglass under the name of Elgie Products. They also reside at the same location. Elgie's property consists of slightly more than four acres and lies one block south of State Road 84 and two blocks west of Interstate 95 in a small unincorporated pocket of Broward County, Florida. It is less than one-half mile from the Fort Lauderdale-Hollywood International Airport. The area is zoned M1 (light industrial, small manufacturing) and has only a few residential dwellings in the area including that of petitioner. A metal dump yard for wrecked automobiles lies just east of petitioner's property, a Days Inn Motel is on its north side, and DOT construction material and equipment associated with Interstate 595 lie to its south. By its application, petitioner seeks to place an outdoor sign on its property. The sign will be leased to an air carrier, and the revenues derived therefrom used to supplement the Connolly's income. After reviewing the application, respondent, Department of Transportation (DOT), issued proposed agency action on May 21, 1986 denying the application on the ground the sign would be within 500 feet of a restricted interchange. The denial prompted the instant proceeding. Through unknown and perhaps unfortunate circumstances, DOT decided to locate and construct Interstate 595 on an east-west alignment less than 1000 feet south of petitioner's property. In fact, the entrance ramp to I-595 will be situated less than 500 feet from the proposed site of petitioner's sign. Moreover, the sign will be visible to traffic using I-595. It is also located within 660 feet of I-595 right-of-way. Such a placement of the sign is impermissible under DOT's rules and governing statutes. Petitioner contends that DOT made an exception to its rules almost seven years ago when it approved an application filed by 3-M National Advertising Company to place an outdoor advertising sign at the intersection of State Road 84 and I-95 even though the sign was less than 150 feet from I-95 and was visible to traffic using that highway. In this regard, a DOT outdoor sign administrator acknowledged that he may have been in error when he approved the application in late 1979. However, the City of Davie has subsequently annexed the area where 3-M's sign is located, and 3-M is now exempt from DOT enforcement action.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Elgie Products be DENIED. DONE and ORDERED this 9th day of September, 1986, in Tallahassee, Florida. DONALD R. ALEXANDER 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 9th day of September, 1986.
