Findings Of Fact A McDonald's sign visible to automobile traffic on the I-75 is located .08 miles north of CR-54 along the I-75, 934 feet into the interchange between the I-75 and CR-54 in Pasco County, Florida. The I-75 at this location is part of the federal interstate highway system and is outside an incorporated town or city. The sign has no permit tags attached and no permit tags have ever been approved for the site. The property on which this sign is erected is approximately 77' by 52' with the southeast corner cut off owned by McDonald's Corporation. The site is connected to the restaurant site by a 15 foot strip of land which intersects a proposed road 275 feet north of the restaurant site. The sign is 1122 feet from the restaurant as measured along the paved surface between the sign and restaurant. Between this sign and the restaurant along CR-54 is a Standard station, an Amoco station, a Circle K shop and a Days Inn. The closest businesses to the sign are Abe Chevron station and the Days Inn Motel. Respondent presented proposed plans evidencing an intent to construct a McDonald's playland on the property on which the sign is located, presumably as an integral part of the restaurant. However, at the time of the hearing the property served only as a site for the sign. McDonald's playlands have been developed as a selling tool for families traveling over interstate highways and are generally located adjacent to the restaurant so children occupying the playland can be monitored by the parents from inside the restaurant. Respondent's witnesses were aware of no McDonald's playland located other than immediately adjacent to the restaurant building. Construction of the playland at the site of the existing sign has never-been started due to construction, drainage and sewage disposal problems at the restaurant site.
Findings Of Fact The sign which is the subject of this proceeding is an outdoor advertising structure owned by the Respondent, which has been erected on the south side of Interstate 10, approximately 2.5 miles west of State Road 12 in Gadsden County, Florida, between 10 and 25 feet from the right-of-way fence. This sign does not have affixed to it a state sign permit, and none has been applied for. The subject sign has been erected a measured 814 feet from another sign which has been permitted by the Department of Transportation. The location where the subject sign has been erected is an unzoned area Qf Gadsden County. Gadsden County had no zoning at the time when the violation notice was issued.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's sign adjacent to Interstate 10, approximately 2.5 miles west of State Road 12 in Gadsden County, Florida, be removed. THIS RECOMMENDED ORDER entered this 19th day of October, 1984, 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 19th day of October, 1984. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 W. A. Woddiam, President Beaver Lake Campground P. O. Box 331 Quincy, Florida 32351
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer would recommend that the agency head enter a final order permitting the voluntary removal of the advertising 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 Hayden Burns Building Tallahassee, FlorIda 32301 James P. Appleman, Esquire 206 Market Street Post Office Box 3115 Marianna, Florida 32446 Charles M. Wynn, Esquire 310 East Jackson Street Post Office Box 793 Marianna, Florida 32446
Findings Of Fact On July 20, 1987, a DOT sign inspector observed a portable outdoor advertising sign along U.S. 19 near the intersection of 108th Street North in Pinellas County which appeared to be located on the DOT right-of-way. 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 paved lane. Measurements taken showed the sign to be 38 feet from the edge of the pavement. Photos taken of the sign at the time the sign was inspected reveal that the sign was damaged with the frame bent. Around noon of the day the sign was inspected, Respondent was notified by the user of the sign that the sign's frame had been bent and the sign damaged. A second call to Respondent around 1:30 P.M. advised that a warning notice had been placed on the sign. When Herb Selak arrived at the scene shortly thereafter, he observed the anchor missing from the sign and the sign damaged apparently having been hit by a construction company vehicle and pushed off of the parking lot where it had been located and anchored. Prior to the unauthorized removal of the sign onto the right-of-way by a third party, the sign was lawfully placed.
The Issue Whether the Respondent is in violation of Section 479.07(1), F.S., and Section 479.07(4), F.S., which require an application for a permit to be made and granted and the fees paid each year. Whether a sign which has been standing without a current permit is eligible for a current permit upon payment of the delinquent fees.
Findings Of Fact The following described signs owned by Respondent had no current permit tags: Highway: US 17 Location: .91 miles south of Section 118S(207) Copy: Whispering Pines Highway: US 17 Location: .1 miles north 207 (Section 118S) Copy: Whispering Pines Highway: US 17 Location: South C/L Satsuma (Section 118S) Copy: Whispering Pines The parties stipulated that the subject signs were owned and erected by the Respondent and that there was no application for or fees paid under the requirements of Chapter 479, Florida Statutes, insofar as paying fees and obtaining current permits.
Findings Of Fact Whiteco is the successor in interest to a sign along U.S. 19, 7.83 miles north of the Pinellas-Pasco County line. Deeb Construction Co. obtained a permit on February 26, 1980, to erect a sign at the location in Finding of Fact #1 facing both north and south (Exhibit 2). This sign was erected and a permit for each face was issued. In January, 1981, Ridgewood Signs, on behalf of Deeb Construction, submitted Permit Affidavit Form (Exhibit 3) to replace the existing 8' x 16' sign with a 12' x 40' sign and on February 11, 1981, the DOT Sign Inspector prepared a Certificate of Sign Removal (Exhibit 4). Permit Tags AB 061 and AB 062 issued for the original sign were cancelled. On February 9, 1981, Deeb's application to erect a sign at this same location facing north only was approved (Exhibit 1). Tag Number AD 484-10 was issued for this north-facing sign. No application was submitted for a south- facing sign at this location and no tag for such a sign was issued. 5. Despite the lack of a permit for a south-facing sign at this location, a south face was placed on the structure and the notice of alleged violation (Exhibit 5) was issued for this south facing sign. This sign is 797 feet from a permitted sign along U.S. 19 on the same side of the highway facing south.
Findings Of Fact Respondent, Arrowhead Campsites, owns a sign located one mile east of State Road 71 on Interstate Highway 10 in Jackson County, Florida. The sign is located 139 feet from the edge of the highway, and is clearly visible from the main traveled portion of that highway. At the time of the petition in this case, no permit tag was located on the sign, and, additionally, no permit tag was on the sign when last inspected on October 2, 1978, four days prior to hearing in this cause. Respondent, Arrowhead Campsites, owns a sign located .6 miles west of State Road 69 on Interstate Highway 10 in Jackson County, Florida. This sign is clearly visible from the main traveled portion of the roadway, and is located 188 feet from the edge of the roadway. In addition, the sign is located 240 feet from an interchange on Interstate Highway 10. At the time the petition in this cause was filed on March 28, 1978, no permit tag was located on the sign, and, further, no permit tag was located on the sign on October 2, 1978, four days prior to the hearing in this cause. Both the sign located one mile east of State Road 71 on Interstate Highway 10 and the sign located .6 miles west of State Road 69 on Interstate Highway 10 bear copy advertising Arrowhead Campsites. Both of the signs in question are located outside any incorporated city or town. Any proposed findings of fact submitted by Respondent and not incorporated in this recommended order are specifically rejected.
Findings Of Fact Based on the record transmitted to the Division of Administrative Hearings by the Petitioner, the following are found as the relevant facts: The Respondent, Hinson Oil Company, owns four outdoor advertising signs in Gadsden County, Florida, located on the south side of I-10, in the proximity of County Road 270-A. On October 3, 1984, the Department of Transportation notified the Respondent in writing that these signs violated Section 479.11, Florida Statutes, in that they were alleged to be located in an area which is not a zoned or unzoned commercial or industrial area. The return receipt was signed by E. W. Hinson, Jr., on October 9, 1984. Paragraph 2 of the notices of violation served on October 3 and received on October 9, 1984, sets forth the following procedural requirements: You must comply with the applicable provisions of said Statute(s) and Cede(s) within thirty (30) days from the date of this notice, . . . or in the alternative, an administrative hearing under Section 120.57, Florida Statutes, must be requested by you within thirty (30) days of the date of this notice . . . E. W. Hinson, Jr., on behalf of the Respondent, requested an administrative hearing by letter dated November 16, 1984. This request was received by the Department of Transportation clerk on November 19, 1984.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a Final Order dismissing with prejudice the Respondent's request for an administrative hearing in each of these cases. THIS RECOMMENDED ORDER entered this 24th day of January, 1985, 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 24th day of January, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire and Maxine Fay Ferguson, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 E. W. Hinson, Jr. Hinson Oil Company P.O. Box 1168 Quincy, Florida 32351 John Curry, Esquire P.O. Drawer 391 Quincy, Florida 32351
Findings Of Fact The property on which the structure was located was acquired by the Department of Transportation (DOT) for roadway purposes. The project was part of a federal program for road improvement. The structure in controversy is an outdoor advertising sign owned by Patrick Media. Relocation benefits were offered by the DOT pursuant to the Federal Uniform Relocation Act. This sign was a legal nonconforming sign at the time of taking. Patrick Media had a leasehold interest in the site on which the sign was located. Patrick Media has removed the structure. The structure in question was comprised of two facings (V-shaped configuration), lights, service ladders and catwalks. It was built in 1978 and has been in continuous service since that time. The site is leased on a year to year renewable basis with either party able to terminate the lease at the expiration of the lease year. Contracts with advertisers involve multiple locations with price depending upon the number of motorists passing the sign per unit of time. Revenue received from face A (facing west) from August 15, 1990 to May 5, 1991 was $3739 (net) and from face B (east facing) from May 25, 1990 to May 25, 1991 was $2288 (net). As a nonconforming sign, the sign could not have been rebuilt if destroyed had the site not been acquired by DOT. Shortly after the introduction of Chapter 479 into the Laws of Florida and the possibility of requiring the nonconforming signs to be purchased by DOT for removal, DOT met with sign companies and developed a format for determining compensation to be paid for removing these nonconforming signs. A copy of the format completed for the sign in issue here was admitted as Exhibit 1. (Form 178-507 4/83) Additionally, Comparative Cost Multipliers (Exhibit 2) is used to determine the inflation caused adjustment to be applied to structures built in earlier years. Exhibit 1 computed the estimated value of the sign in issue at $11,674.53. However, this compensation did not include catwalks or time clock. The removed sign has negligible salvage value.
Recommendation It is recommended that the fair value of the sign in issue be recalculated to add the value of catwalks and time clock to the total before applying the multiplier and that a Final Order be entered finding that total so calculated to be the fair market value of Patrick Media's sign. DONE and ORDERED this 20 day of April, 1992, in Tallahassee, Florida. COPIES FURNISHED: Elizabeth G. Repaal, Esquire Post Office Box 1441 St. Petersburg, FL 33731 Charles G. Gardner, Esquire Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458 ATTN: Eleanor Turner MS 58 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458 K. N. AYERS 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 20th day of April, 1992.
