The Issue Whether Respondent properly issued the subject amended notice of violation pertaining to Petitioner's outdoor advertising displays located on Petitioner's building at 1334 North Miami Avenue, Miami, Florida (Petitioner's building).
Findings Of Fact Petitioner's building is an empty shell located on North Miami Avenue in a commercially zoned area that is approximately 360 feet north of Interstate 395 (I-395) near the downtown area of Miami, Florida. The building is seven stories high. On February 23, 2006, the south wall of Petitioner's building had an advertisement for Budweiser beer. The wall mural was approximately 45 feet high and 88 feet wide. Petitioner accepts revenue in exchange for the display of advertising on the exterior of the south wall of its building.3 On February 23, 2006, the west wall of Petitioner's building had an advertisement for Barcardi liquor. The wall mural was approximately 40 feet high and 48 feet wide. Petitioner accepts revenue in exchange for the display of advertising on the exterior of the west wall of its building. Both advertisements can be seen without visual aid by motorists of normal visual acuity traveling on I-395. I-395 is part of the federal interstate highway system. Each wall mural is within 660 feet of the edge of the right-of- way of I-395. In 1972, Respondent entered into an agreement with the Federal Highway Administrator to control the erection and maintenance of signs located within 660 feet of the edge of the right-of-way of all portions of the Interstate and Federal Aid Primary Highway Systems in which outdoor advertising signs may be visible from the main-traveled way. Respondent's Exhibit 9 is a copy of that agreement. In accordance with the agreement, off-premises advertising signs could only be permitted in zoned or unzoned commercial or industrial areas, could not exceed 1200 square feet, and must meet spacing and lighting requirements consistent with the Federal Highway Beautification Act. Failure to comply with the terms of the agreement could result in the State of Florida losing ten percent of its federal highway funding. Chapter 479, Florida Statutes, regulates outdoor advertising signs in Florida. Section 479.01(17), Florida Statutes, provides, in relevant part, as follows: (17) "Sign" means any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form ... designed, intended, or used to advertise or inform, any part of the advertising message or informative contents of which is visible from any place on the main-traveled way. . . . Each of the subject advertising displays is a "sign" as that term is used in Chapter 479, Florida Statutes. Section 479.01(4), Florida Statutes, provides, in relevant part, the following: (4) "Controlled area" shall mean 660 feet or less from the nearest edge of the right- of-way of any portion of the . . . interstate, or federal-aid primary system . . . Each of the wall murals is within the controlled area of I-395. After providing for exceptions that are inapplicable to this proceeding,4 Section 479.07(1), Florida Statutes, provides, in relevant part, as follows: Except as provided in ss. 479.105(1)(e) and 479.16, a person may not erect, operate, use, or maintain, or cause to be erected, operated, used, or maintained, any sign on . . . any portion of the interstate or federal-aid primary highway system without first obtaining a permit for the sign from the department and paying the annual fee as provided in this section. For purposes of this section, "on any portion of the State Highway System, interstate, or federal-aid primary system" shall mean a sign located within the controlled area which is visible from any portion of the main-traveled way of such system. Petitioner has not applied to Respondent for, and Respondent has never granted, any permit relating to the two wall murals.5 Both signs were erected and have been maintained in violation of Section 479.07(1), Florida Statutes. Pursuant to the provisions of Section 479.105, Florida Statutes, Respondent has the authority to require Petitioner to remove the signs within thirty days of its order to do so.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent enter a Final Order that adopts the findings and conclusions set forth herein and requires Petitioner to remove the signs pursuant to the provisions of Section 479.105, Florida Statutes. DONE AND ENTERED this 2nd day of March, 2007, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON 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 2nd day of March, 2007.
The Issue The central issue in this case is whether Respondent is guilty of the violation alleged in the Notice of Illegal Sign dated September 17, 1987; and, if so, what penalty should be imposed.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, I make the following findings of fact: On September 17, 1987, the Department issued a Notice of Illegal Sign on Right-of-Way for an outdoor sign located in the water and adjacent to U.S. 1 approximately 1.39 miles north of Jewfish Creek Bridge, Monroe County, Florida. The sign in dispute was visible from the road and stated the following: Egan's Waterway Restaurant Gas Good Fast Food. Tourist Info M M 107 1/2 (Right after bridge) The sign did not have a state outdoor advertising permit attached to it. The sign was located approximately 85 feet from the centerline of the road. U.S. 1, also known as State Road 5, is designated as a federal aid primary highway in Dade and Monroe Counties. Egan Adams is manager and president of Egan's Waterway. Mr. Adams admitted he is the owner of the sign in dispute. The sign was mounted on a pontoon-type vessel and was anchored in knee- deep water. The vessel had been registered as a boat and identified by Florida 7454 FG. Prior to issuing the Notice of Illegal Sign, the Department's employee had warned Mr. Adams that the sign was located within the right-of-way. On or about September 19, 1987, Mr. Adams moved the sign further away from the road and removed the orange violation sticker which had been posted on it. The right-of-way in the vicinity of the sign in dispute is 200 feet wide. The centerline of the right-of-way corresponds to the centerline of the road.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Transportation enter a Final Order assessing a fine of $75.00 against Egan Adams pursuant to Section 479.107, Florida Statutes (1987). DONE and RECOMMENDED this 1st day of April, 1988, in Tallahassee, Florida. JOYOUS D. PARRISH 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 1st day of April, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-4495T Rulings on Petitioner's proposed findings of fact: Paragraph 1 is accepted. Paragraphs 2-6 are accepted. The first sentence of paragraph 7 is accepted. The rest of paragraph 7 is rejected as a conclusion of law, argumentative. Paragraphs 8 and 9 are accepted. COPIES FURNISHED: Charles G. Gardner, Esquire 605 Suwannee Street Tallahassee, Florida 32301 Egan Adams Manager/President of Egan's Waterway Box 2, M.M. 107.5 Key Largo, Florida 33037 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450
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
The Issue Whether respondent has erected or maintained a sign on State Road 40 at the intersection with North East 49th Terrace in Marion County without the requisite permit and in violation of spacing requirements?
Findings Of Fact Respondent Arthur Steen owns an outdoor advertising sign located at the intersection of State Road 40 and Northeast 49th Terrace, within 660 feet of the right of way of State Road 40, which "has continued as Federal-Aid Primary highway [from October 24, 1955] up to the present date." Joint Stipulation. Mr. Steen's sign, which is visible from the main travelled way of State Road 40, proclaims on east and west faces: Marion Pines Senior Mobile Home Community Model Homes Turn Here Arrows point toward "Marion Pines," the new name of the first trailer park in Marion County. A subdivision lies between State Road 40 and the trailer park where Mr. Steen rents lots to mobile home owners. Mr. Steen's sign stands 599 feet west of another outdoor advertising sign, on the same side of the highway. DOT has issued permits to Harry Moody Signs for the other sign, which has two sign boards. Petitioner's Exhibit No. 5. Mr. Steen's sign stands on land that, like the trailer park and the subdivision, once belonged to Ross Allen. Mr. Steen and Mr. Allen originally paved what is now North East 49th Terrace (until recently known as North East 50th Avenue) and Mr. Steen maintained the road thereafter. Now the county has posted street signs. The sign at issue does not stand on premises Mr. Steen owns. The sign has stood within the right of way of the road leading to the trailer park since 1969 (although the copy was changed in 1983 and again in 1991; and the sign was enlarged in 1983.) At one time, Ross Allen offered to convey what has become North East 49th Terrace to Mr. Steen, Respondent's Exhibit No. 2, but Mr. Steen never accepted the offer.
Recommendation It is, accordingly, RECOMMENDED: The DOT declare respondent's sign in violation. DONE and ENTERED this 31 day of March, 1992, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31 day of March, 1992. COPIES FURNISHED TO: Vernon L. Whittier, Esquire Department of Transportation 605 Suwanee Street, M.S. 58 Tallahassee, FL 32399-0458 Frank C. Amatea, Esquire 500 N.E. 8th Avenue Ocala, FL 32670 Ben G. Watts, Secretary ATTN: Eleanor Hunter Department of Transportation 605 Suwanee Street Tallahassee, FL 32399-0458 Thornton J. Williams, General Counsel Department of Transportation 562 Suwanee Street Tallahassee, FL 32399-0458
The Issue The issue in this case is whether the Respondent's sign identified in the Department's Notice NO. 6-268 is in violation of Section 479.11, Florida Statutes.
Findings Of Fact The sign that is the subject of this proceeding is a wooden billboard sign owned by the Respondent. The sign is located on the "northbound" side of the Overseas Highway, which is also known as U.S. No. 1 and as State Road No. 5, about 300 feet "south" of the South Pine Channel Bridge in Monroe County, Florida. The Overseas Highway is part of the State Highway System and the federal-aid primary highway system. Along the portion of the Overseas Highway where the subject sign is located, the right-of-way owned by the State of Florida is 400 feet wide, extending 200 feet in each direction from the center line of the highway. The subject sign is located well within the state right of way, the closest portion of the sign being approximately 50 feet from the center line of the highway right-of-way. On March 30, 1982, the parties to this case entered into a settlement agreement in DOAH Case No. 79-1240T to resolve a dispute about whether this same sign should be removed. Their settlement agreement, which was read into the record of the prior proceeding, includes a provision that the Respondent will voluntarily remove the subject sign by no later than February 28, 1987.
Recommendation Based on the foregoing, it is recommended that the Department of Transportation issue a Final Order in this case requiring the removal of the subject sign and assessing against the Respondent the costs of removal and a fine in the amount of $75. DONE and ENTERED this 30th day of April 1990, at Tallahassee, Leon County, Florida, MICHASE 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 30th day of April, 1990. COPIES FURNSIHED: Rivers Buford, Jr., Esquire Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Ms. Betty M. Rein Betty M. Brother Real Estate, Inc. Post Office Box 456 Big Pine Key, Florida 33043-0456 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Robert Scanlan Interim General Counsel Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458
The Issue The issue is whether Respondent's outdoor advertising sign on State Road 200, 5.37 miles east of U.S. Highway 17, should be removed because it does not have a permit for said sign.
Findings Of Fact Ronald L. Peacock, owner of Peacock Electric Company, had his employees erect a two-sided sign on State Road 200, 5.37 miles east of U.S. Highway 17. Mr. Peacock acknowledges that he did not have a permit for the sign and that he knew he needed a permit at the time he had the sign erected. He testified that he just hoped he would not get caught. State Road 200 is a federal aid primary road. After he was first notified that the sign was erected without a permit, Mr. Peacock filed an application for a permit. The application was rejected because it did not contain the necessary fees, the permission of the landowner, or the local building permit. Additionally, the location of the sign is 942 feet from an existing permitted sign. The sign is five feet from the right-of-way. Mr. Peacock removed the sign after this action was filed by DOT. CONCLUSIONS OF LAW The Division of Administrative Hearings has jurisdiction of the parties to and subject matter of these proceedings. Section 120.57(1), Florida Statutes. As relevant to this case, Section 479.105, Florida Statute, states: Any sign which is located adjacent to the right-of-way of any highway on the State Highway System outside an incorporated area or adjacent to the right-of-way on any portion of the interstate or federal-aid primary highway system, which sign was erected, operated, or maintained without the permit required by S. 479.07(1) having been issued by the department, is declared to be a public nuisance and shall be removed as provided in this section. * * * (d) If, after a hearing, it is determined that a sign has been wrongfully or erroneously removed pursuant to this subsection, the department, at the sign owner's discretion, shall either pay just compensation to the owner of the sign or reerect the sign in kind at the expense of the department. In this case, the sign was erected without a permit and Mr. Peacock has correctly been denied a permit. The sign has been removed as required. The sign owner has not proven that the sign was erroneously removed. Hence, the sign cannot be reerected.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a Final Order and therein order the removal of the sign in question and deny any request for reerection of the sign without a permit. DONE and ENTERED this 16th day of March, 1990, in Tallahassee, Florida. DIANE K. KIESLING 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 16th day of March, 1990. COPIES FURNISHED: Charles Gardner Attorney at Law Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Ronald L. Peacock Peacock Electric Company Route 1, Box 137-D Fernandina Beach, FL 32034 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458
The Issue The parties are in agreement regarding the facts surrounding this application as presented in their stipulation read into the record at caring. The only issue is a legal issue, whether the sign as it would be altered would "remain substantially the same."
Findings Of Fact Pursuant to stipulation, the following findings of fact are made: The applications for the modifications to the two faces of the existing sign were received as Exhibits 1 and 2, together with the blueprint drawing of the proposed sign together with a photograph of the existing sign, which was received as Exhibit 3. The signs in question, two faces on the same sign, are located within the city limits. The signs are off-site nonconforming signs and do not conform to spacing requirements, i.e. the distance between signs. The signs are located on an interstate highway. Chevron requests the change in order to make the signs conform to its corporate identity. The Department of Transportation opposes the change because the signs are grandfathered "legal" nonconforming signs, and the Department asserts that Section 14-10.07(2)(a), Florida Administrative Code, prohibits the requested modification. The proposed alteration would not exceed 25 percent of the preexisting value of the signs, they would be reduced in height from 58 feet to 50 feet, and the size of each face would be reduced in size from 570 square feet to 408 square feet. 1/ Based upon the evidence presented, the following findings of fact are made: The existing signs are in excellent condition and, given the permitted maintenance, would last an indefinite length of time. Because of the reduction in height and face size of the signs, the value of the altered signs as it is computed by the Department for purposes of purchasing the signs would be less than the value of the unaltered signs. The Department has an obligation to purchase nonconforming signs as funds become available in order to comply with the Federal Highway Beautification Act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the application of Heath and Company be denied. DONE and ORDERED this 16th day of January, 1981, 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 16th day of January, 1981.
The Issue At issue in these consolidated proceedings is whether the permits for signs bearing tag numbers BT339, AE862, and AX116 should be revoked, pursuant to Section 479.08, Florida Statutes (2007).
Findings Of Fact Lamar owns and maintains outdoor advertising signs in the State of Florida. Pursuant to the permitting requirements of Section 479.07, Florida Statutes, the Department issues permits and tags to outdoor advertising signs along interstate and federal-aid primary highway systems. Signs that met permitting criteria at the time they were erected, but that do not comply with subsequently enacted laws or that no longer comply with the law due to changed conditions, may nonetheless be permitted and maintained as "nonconforming signs."1 In compliance with Subsection 479.02(8), Florida Statutes, the Department in 1997 and 1998 conducted a statewide inventory of all signs on the state interstate and federal-aid primary highway systems. This inventory became the database for all signs permitted at the time it was completed. The Department sent the inventory results to all sign owners in order to provide them an opportunity to confirm or challenge the accuracy of the results. The database includes the location of the sign; the dates the sign was permitted and constructed; its date and method of construction; the height, including the Height Above Ground Level ("HAGL"); the height, width, and square footage of the sign facing; the number and type of support structures used; whether the sign is lighted or not; the status of the sign as a conforming, nonconforming, or illegal sign; and other identifying information. Subsection 479.02(8), Florida Statutes, provides that the inventory of signs is to be updated no less than every two years. The Department in fact performs the update every year. In 2004, a series of hurricanes passed through Florida, destroying or damaging thousands of outdoor advertising signs. The Department issued notices of intent to revoke the permits of nonconforming signs that appeared to have been destroyed by the storms. In February 2005, the Department and Lamar entered into a settlement agreement that allowed Lamar to rebuild some signs and required the removal of others. The signs at issue in this proceeding were among those allowed to remain standing with repair. As to these signs, the settlement agreement provided: The outdoor advertising signs referenced above remain lawfully erected nonconforming signs and LAMAR may repair said signs, provided that said repair shall be at the pre-storm location and to pre-storm specifications, including configuration, type of materials, height, size, area of face and lighting. Exceptions to pre-storm specifications will be allowed to the extent required to comply with local building codes. Such repairs shall be completed within 270 days of entry of a Final Order approving this Joint Stipulation of Settlement. The referenced Final Order was entered on March 15, 2005. The Department issued permit numbers 13778 and 137790 and tag numbers BT339 (replaced by tag number CF221 at the time of the hearing) and AE862 to a nonconforming, back-to-back sign located along U.S. 1 in Martin County, .08 miles north of Constitution Boulevard in Hobe Sound. At the time of the 1997 inventory, the Martin County sign was a five-pole wooden structure. The Martin County sign sustained heavy damage during the 2004 hurricanes. After the storms, Lamar sent a work crew to the sign's location to rebuild the sign. The work crew replaced the sign with a four-pole wooden structure. Dave Henry, the real estate leasing manager for Lamar, testified that he gave the crew no particular instruction on how to rebuild the sign. During the rebuilding process, Mr. Henry gave his crews the locations, and told them to rebuild the signs as they had been before the storms. Mr. Henry stated that the crew probably looked at the remains of the damaged sign, saw only four stumps in the ground, and assumed that the original sign had only four supports. On March 21, 2006, the Department issued a Notice to Lamar, stating that the sign bearing tag numbers BT339 and AE862 "has been structurally changed and is no longer substantially the same as it was on the date it became nonconforming, in violation of s. [sic] 14-10.007(2)(a), Florida Administrative Code Rule." On February 20, 2007, a Recommended Order was entered in Lamar South Florida v. Department of Transportation, Case No. 06-3281 (DOAH February 20, 2007). In that case, Judge R. Bruce McKibben recommended that the Department withdraw a Notice issued to Lamar South Florida because the Notice failed to specify exactly which changes to the sign in question caused the sign to be in violation of the Department's rules. Rather, the Notice merely provided a citation to Florida Administrative Code Rule 14-10.007(2)(a). In a final order dated May 21, 2007, the Department accepted Judge McKibben's recommendation, and acknowledged the "apparent confusion" regarding the running of the 30-day notice period and the nature of the notice required to trigger the running of that period. As a result of the Lamar South Florida case, the Department began to issue Notices that contained more specific information regarding the alleged violations. On July 31, 2007, the Department sent Lamar a replacement Notice for the Martin County sign, adding a more specific description of the violation, which stated that the sign "has been structurally modified in violation of s. [sic] 14-10.007(2)(a), Florida Administrative Code Rule: the number of supports has changed."2 The replacement notice also added the following provision: REVOCATION OF THE PERMIT(S) WILL BECOME FINAL thirty (30) days from your receipt of this notice unless you provide information to the Department showing the Notice was issued in error OR you correct the violation within 30 days of your receipt of this Notice, and provide evidence of the correction to the Department. For nonconforming signs, while you may correct the violation, you may not exceed the allowable maintenance standards as stated in s. 14-10.007(2), F.A.C. Lamar did not act within 30 days of the Notice to correct the violation and restore the Martin County sign to a five-pole structure. Mr. Henry testified that a fifth pole was added to the structure on November 16, 2007. The Department issued permit number 7359 and tag number AX116 to a nonconforming, single-faced sign in Polk County along U.S. 27, .141 miles east of Heatherwood Boulevard in Lake Wales. On November 22, 1997, the Polk County sign was inventoried and photographed as a seven-pole wooden structure. Lamar did not own the sign at the time the 2004 hurricanes damaged it. Lamar acquired the Polk county sign in 2005, after it had been rebuilt as a six-pole structure. On March 21, 2006, the Department issued a Notice to Lamar, stating that the sign bearing tag number AX116 "has been structurally changed and is no longer substantially the same as it was on the date it became nonconforming, in violation of s. [sic] 14-10.007(2)(a), Florida Administrative Code." On July 31, 2007, the Department sent Lamar a replacement Notice for the Polk County sign, adding a more specific description of the violation which stated that the sign "has been structurally modified in violation of s. [sic] 14- 10.007(2), Florida Administrative Code: the number of supports has changed. . .".3 The replacement notice also contained the language quoted at finding of fact 14, supra. Lamar did not act within 30 days of the Notice to correct the violation and restore the Polk County sign to a seven-pole structure.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Transportation revoking the permits for the nonconforming signs bearing tag numbers BT339, AE862, and AX116. DONE AND ENTERED this 21st day of February, 2008, in Tallahassee, Leon County, Florida. LAWRENCE P. STEVENSON 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 21st day of February, 2008.
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.
