Findings Of Fact The Respondent, J.B. Davis, Inc., owns an outdoor advertising sign which is situated on the north side of I-10, .33 mile west of U.S. 221, in Madison County, Florida. This sign faces eastbound traffic, and it is not in any incorporated city or town. I-10 is a part of the interstate highway system, and it is open to traffic. The subject sign is visible from the main traveled way of I-10. The subject sign has been erected and is situated within 500 feet of a restricted interchange. The subject sign does not have a permit issued by the Department of Transportation. There is no zoning in Madison County, Florida. The subject sign has been erected and is situated beyond 800 feet from any existing business, and it is within 660 feet from the right-of-way of I-10.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Respondent's sign situated on the north side of I-10, .33 miles west of U.S. 221, facing eastbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER ENTERED this 3rd day of April, 1985. 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 3rd day of March, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis, President Paul A. Pappas, Secretary J. B. Davis, Inc. Haydon Burns Building, Room 562 Base and Duval Streets Tallahassee, Florida 32301 Madison, Florida 32340
Findings Of Fact On January 27, 1982, the department of Transportation notified the Petitioner, Vortex Springs, Inc., that its applications for the outdoor advertising sign permits which are the subject of these proceedings were denied because the zoning had been determined to be unacceptable. These applications seek permits authorizing two signs on I-10 in Holmes County, Florida, one approximately 1.38 miles west of SR 81 facing west, and the other approximately 1.1 miles east of SR 81 facing east. Both of these locations are inside the city limits of the municipality of Ponce de Leon, Florida. The signs for which the Petitioner seeks permits were already erected when the subject applications were submitted to the department. There was no other evidence presented that was relevant or would support additional findings of fact.
Findings Of Fact The Respondent, J. B. Davis, Jr., owns an outdoor advertising sign which is situated on the south side of I-10, 1.23 miles east of U.S. 211, in Madison County, Florida. This sign faces westbound traffic. I-10 is a part of the interstate highway system, and it is open to traffic. The subject sign is visible from the main traveled way of I-10. There is no zoning in Madison County, Florida. The subject sign has been erected and is situated beyond 800 feet from any existing business, and it is within 660 feet from the right-of-way of I-10. The subject sign does not have a permit issued by the Department of Transporation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's sign situated on the south side of I-10, 1.23 miles east of U.S. 211, facing westbound traffic, in Madison County, Florida, be removed. THIS RECOMMENDED ORDER entered this 3rd day of April, 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 3rd day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mr. J. B. Davis President J. B. Davis, Inc. Base and Duval Streets Madison, Florida 32340 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue Whether the sign is in violation of 479.07 and 479.01 Florida Statutes for the reason that it has no permit tag attached thereto and has been enlarged.
Findings Of Fact A violation notice was issued to A. W. Lee, Respondent, on June 29, 1977, alleging that a sign owned by Respondent located at 12.85 miles north U.S. 441-Ellisville, Florida Highway I-75 with copy "Jiffy Junction" was in violation of 479.07 and 479.01 Florida Statutes and Rule 14-10.05(m) Florida Administrative Code. A request for administrative hearing was made by the Respondent and thereafter the Petitioner, Department of Transportation, requested the Division of Administrative Hearings to hold an administrative hearing. A sign in the same location as subject sign was tagged in 1971, 1972, 1973 and 1974 for an 8 x 12 sign. The permit was issued to Harvey Campbell. The sign was approximately 15 feet back from the right of way of I-75. A fee of $2.00 was paid for the permit. Prior to June of 1977 ownership was transferred from Harvey Campbell to the Respondent, A. W. Lee. The Respondent filed an application for a permit on June 20, 1977, for a sign 14 X 12 indicating a fee of $2.00 A sign at the location was existing, had no permit and measured 8 x 20. The sign as it stands at date of hearing is a sign 8 x 20, it advertises "Burger King this exit, turn right 300 feet right." It has no permit. The Hearing Officer further finds a sign that had been repermitted through 1977 was a sign 8 x 10 and the permit was issued to Harvey Campbell. The sign that stands there in the approximate location is a sign 8 x 20 and has additional poles to hold the panels. It has no permit. The sign is located on property owned by A. L. Lee, the Respondent, and the smaller original sign was transferred by Mr. Campbell to Respondent prior to April, 1976.
Recommendation Remove the subject sign. DONE and ENTERED this 3rd day of March, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1978. COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 James J. Richardson, Esquire Post Office Drawer 1857 Tallahassee, Florida 32302 =================================================================
Findings Of Fact U.S. 1 is a federal-aid primary highway and, in the vicinity of University Boulevard, is a divided highway, with parkway between north-and- southbound lanes. University Boulevard (SR 109) is not a federal-aid primary highway. Petitioner holds a lease on the property on which the proposed sign is to be erected and, in fact, already has a structure on this site and a permit for a north-facing sign on this structure. The proposed sign meets all DOT requirements except spacing. The structure on which the proposed sign is to be displayed is located on the east side of U.S. 1, 125 feet north of the intersection with University Boulevard. Lamar Dean Outdoor Advertising Company was issued a permit for a 14 by 48 foot sign along the east side of University Boulevard, 150 feet south of the intersection with U.S. 1. This sign faces west. That application for permit (Exhibit 8) shows the type highway to be U.S. 1, a federal-aid primary highway. A sign located on University Boulevard in Jacksonville which was not visible from a federal-aid primary highway would not require a DOT permit. This Lamar structure, which carries a Jack Bush-Toyota South copy, can easily be seen by persons in vehicles travelling on U.S. 1 and it is on the same side of U.S. 1 and within 500 feet of Petitioner's proposed sign. The Department of Transportation's (DOT) inspectors maintain inventories of all permitted signs. The criteria used by all DOT sign inspectors is to log any sign that can be seen and read from the primary highway. Actually, the Jack Bush sign can be seen by both north-and-southbound traffic on U.S. 1 when in the vicinity of University Boulevard but the northbound traffic passes closer to the sign. It is therefore carried by DOT as a south-facing sign.
The Issue Whether the sign of Petitioner, White Advertising International, should be removed by the Respondent, Department of Transportation, for violation of Section 479.07(1) and Section 479.11(2), Florida Statutes, and the rules and regulations promulgated thereunder.
Findings Of Fact A notice of violation was sent by the Respondent, Department of Transportation, to the Petitioner, White Advertising International, on March 21, 1977, citing an outdoor advertising sign owned by the Petitioner located 1.97 miles west of U.S. #1, State Road 50 E/B with copy "Real Estate Service." The violation noted that the sign violated Section 479.071(1), Florida Statutes, and Rule 14ER77-09 (now Rule 14-10.04) and Section 479.11(2), Florida Statutes, and Rule 14ER77-10, 11 (now Rule 14-10.05 and 14-10.06). There is no dispute as to the location or copy or ownership of the subject sign. It is not in a zoned business, commercial or industrial area and is outside an urban area. The sign does not conform to the current setback requirements. The sign has a permit tag dated 1971, the only permit tag on the sign. No application was alleged to have been made for permit or annual fee paid or offered subsequent to 1971 until the application noted in 4, infra. A sign permit application and annual renewal was processed by White Advertising International dated January 21, 1977. The application was an annual renewal for the year of "19 72-1976." The printed application form stated that, "The signs listed above meet all requirements of Chapter 479, Florida Statutes. Respondent, by its outdoor advertising section administrator, refused to grant the permit on the grounds that the sign which had been erected prior to the enactment of the current setback regulations and probably in the year 1967 had had no application for permit or annual fee paid since 1971 and therefore having become an illegal sign, no permit could be issued. The Petitioner sign company introduced into evidence a letter dated February 28, 1977, from Respondent, Department of Transportation, through its property management administrator which indicated that the State had previously contended the subject sign was built on an unplatted street and had to be removed without compensation but that it was discovered such was not the case and that the State then offered to reimburse Petitioner for relocation costs. Petitioner did not remove the sign and the letter states that the current position of the Respondent State is: That the sign is on the right of way, contrary to Section 339.301, Florida Statutes; Has no current permit; contrary to Section 479.07(1), F.S. Violates Section 479.13, Florida Statutes, as having been constructed, erected, operated, used and maintained without the written permission of the owner or other person in lawful possession or control of the property on which the sign is located; and The sign therefore is an illegal sign and must be removed by Petitioner without compensation. Respondent contends: that the sign is illegal, having failed to be permitted since the year 1971; that it has one pole of the sign pole on the right of way contrary to Section 339.301; that it has no lease contract as required by Section 479.13; that Respondent has no authority to renew delinquent permits; that once a sign becomes illegal a new permit cannot reinstate its nonconforming status. Petitioner, White Advertising International, contends: that it should be granted a permit inasmuch as permits for some signs had been granted by the Respondent although the annual permit fee was not timely made.
Recommendation Remove subject sign if the same has not been removed within thirty (30) days from the date of the Final Order. DONE and ORDERED this 6th day of July, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Philip S. Bennett, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire White Advertising International Post Office Box 626 Titusville, Florida
The Issue Whether a sign owned by Henderson Sign Company located approximately one- tenth of a mile east of the junction of State Road 73 and U.S. 90 containing as old copy "Key Drug Center" and new copy "Best Western Motor Inn" is in violation of the permit (Section 479.07(1) and (6), F.S.), spacing (Sections 479.02 and 479.111(2), F.S.), and setback (Section 479.11(1),F.S.) requirements.
Findings Of Fact The respondent owns and maintains an outdoor advertising structure adjacent to U.S. Highway 90 approximately one-tenth mile east of its intersection with State Road No. 73 within the corporate limits of the City of Marianna. This structure is a double billboard, with one advertisement for "Key Drug Center," erected in August of 1974, and the other for "Best Western Motor Inn" erected in April of 1976. It is located approximately five (5) feet from the edge of the sidewalk approximately 10 to 15 feet from the edge of the north side of Highway 90. At the time of the Respondent's erection of the first sign, he obtained a permit from the City of Marianna but not from Petitioner Department of Transportation. Before erection of the second sign, in 1976, the Respondent submitted an application to the Petitioner, but the application was denied. There is no other outdoor advertising structure bearing a properly issued permit from the Petitioner in existence within 500 feet from the Respondent's advertising structure although there is a non-permitted sign within 120 feet facing in the same direction. Petitioner has entered into evidence a copy of the zoning ordinance of Marianna, Florida. Petitioner contends: that the signs of Respondent violate the set-back, space and permit section of Chapter 479, Florida Statutes, and of The Governor's Agreement of 1972. Respondent contends: that the Petitioner has not proved where the edge of the right-of-way of Federal Highway 90 is located, that the other sign, if any, is not a lawful sign, having no permit, so the spacing violation, if any, is not enforceable and that the requirement of Chapter 479, Florida Statutes, does not apply to incorporated cities.
Recommendation Remove subject signs for violation of the 660 foot setback requirements of a federal aid highway, Section 479.11(1), and the spacing requirements of the Governor's Agreement of January 27, 1972. The zoning ordinance of Marianna, Florida does not show that there is effective control of outdoor advertising by the City of Marianna. DONE and ORDERED this 13th day of January, 1977 in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: George L. Waas, Esquire Office of Legal Operations Department of Transportation Room 562 Haydon Burns Building Tallahassee, Florida 32304 Richard Wayne Grant, Esquire 209 North Jefferson Street Marianna, Florida 32446 Mr. O. E. Black, Administrator Outdoor Advertising Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Henderson Sign Service Post Office Box 887 Marianna, Florida Mr. J. E. Jordan District Sign Coordinator Department of Transportation Post Office Box 607 Chipley, Florida 32428
The Issue Whether Florida Administrative Code Rule 14-10.007(6)(b), which provides for revocation of outdoor advertising permits for nonconforming signs that are abandoned or discontinued, is an "invalid exercise of delegated legislative authority" as alleged by Petitioners.
Findings Of Fact The Department of Transportation is the state agency responsible for administering and enforcing the outdoor advertising program in accordance with chapter 479, Florida Statutes. The Department adopted Florida Administrative Code Chapter 14-10, which provides for the permitting and control of outdoor advertising signs visible to and within controlled areas of interstates and federal-aid highways. Rule 14-10.007 provides regulations for nonconforming signs. Section 479.01(17), Florida Statutes, defines nonconforming signs as signs that were lawfully erected but which do not comply with later enacted laws, regulations, or ordinances on the land use, setback, size, spacing and lighting provisions of state or local law, or fail to comply with current regulations due to changed conditions. Rule 14-10.007 provides in part that: (6) A nonconforming sign may continue to exist so long as it is not destroyed, abandoned, or discontinued. "Destroyed," "abandoned," and "discontinued" have the following meanings: * * * (b) A nonconforming sign is "abandoned" or "discontinued" when a sign structure no longer exists at the permitted location or the sign owner fails to operate and maintain the sign, for a period of 12 months or longer. Signs displaying bona fide public interest messages are not "abandoned" or "discontinued" within the meaning of this section. The following conditions shall be considered failure to operate and maintain the sign: Signs displaying only an "available for lease" or similar message, Signs displaying advertising for a product or service which is no longer available, Signs which are blank or do not identify a particular product, service, or facility. Carter is licensed to engage in the business of outdoor advertising in Florida and holds an outdoor advertising permit for a nonconforming outdoor advertising sign bearing Tag No. AS 228. The outdoor advertising sign for the referenced tag number is located in Lee County, Florida ("Carter Sign"). On February 22, 2010, the Department issued a Notice of Intent to Revoke Sign Permit to Carter for sign bearing Tag No. AS 228. The notice advises that "this nonconforming sign has not displayed advertising copy for 12 months or more, and is deemed abandoned, pursuant to s. 14-10.007(6)(b), Florida Administrative Code." Petitioner Nissi is licensed to engage in the business of outdoor advertising in Florida and holds outdoor advertising signs bearing Tag Nos. BK 731 and BK 732, which signs are located in Pasco County, and BN 604, BN 605, AR 261, AR 262, AT 485 and AT 486, which signs are located in Hernando County ("Nissi Signs"). In June and July 2013, the Department issued notices of intent to revoke sign permits, pursuant to rule 14-10.007(6)(b), based on the signs not displaying advertising for 12 months or longer. The notice issued to Nissi advised that the Department deemed the signs as having been abandoned. Carter and Nissi, as owners of nonconforming signs receiving violations under rule 14-10.007(6)(b), have standing and timely challenged the rule in dispute herein.
The Issue Whether the outdoor advertising signs of Respondent were in violation of Florida Statute 479.11(1), sign erected without a state permit. Whether subject sign is a new and different sign inasmuch as it has new facings, is erected on new poles and is materially elevated from the location of the previous sign. Whether subject sign is in violation of federal and state laws and should be removed.
Findings Of Fact Petitioner, Department of Transportation, issued the Respondent, Peterson Outdoor Advertising Corporation, notice of alleged violation of Chapter 479, F.S., on October 27, 1975 with respect to the following sign: Highway: S.R. 8 (I-95) Location: Junction I-95 and U.S. 17 Copy: 76 Truck Stop Pursuant to this notice the Respondent requested this hearing for the determination of whether the Respondent is in violation of Florida Statutes, as alleged in the violation notice. This request was made by John T. Graczol, vice president of leasing, by letter dated November 6, 1975. Respondent is the owner of the sign referred to in paragraph 1 of these findings. A sign with similar copy was erected by the Respondent prior to 1970 at the approximate location of subject sign. The Respondent owned and maintained the sign from time of erection up until January of 1975 when such sign was removed and the subject sign built. Subject sign is erected in a nonconforming area both in zoning and on a ramp outside of the city limits on an interstate highway. It is nearer than 660 feet from the nearest edge of the right of way of an interstate highway system in an open rural zoning area and can be read by persons traveling on the interstate highway system. The sign that was removed was in the approximate location with similar copy but with an elevation of under 10 feet. Subject sign is a replacement sign in the approximate location as the replaced sign with the same type of copy. The replacement sign is on different poles and at a more elevated height (from under 10 feet to over 16 feet) than the replaced sign. The replacement subject sign is much more visible to the traveling public than the old sign because of the materially increased elevation. No part of the old sign is standing and the replaced sign has been removed The Petitioner testified that the value of the sign increased by $484.00 and it is the finding of the Hearing Officer that the replacement sign is of more monetary value than the replaced sign. The new facing materials, the replacement of poles and the decided increase in elevation, make subject sign a different sign within the meaning of Chapter 479, F.S. and the federal regulations, thus, becoming a new sign requiring a permit rather than qualifying as nonconforming with the customary maintenance or repair of existing signs allowed under Section 479.01(12), F.S., infra. The owner of the sign was given written notice of the alleged violation and said Respondent has had a hearing under Section 479.17, F.S., and Chapter 120, F.S.
Recommendation Remove subject sign if said sign has not been received by the owner within ten (10) days after entry of the final order herein. DONE and ENTERED this 30th day of June, 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: Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 William D. Rowland, Esquire P. O. Box 539 Winter Park, Florida Mr. O. E. Black Administrator Outdoor Advertising Section Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 Mr. F. S. Whitesell District Sign Coordinator South Marion Street Lake City, Florida 32055
Findings Of Fact On June 22, 1981, Lamar Advertising Company applied to the Department of Transportation for a permit to erect a sign facing east, 0.3 mile east of the intersection of Interstate 10 and U.S. 90, outside the city limits of Pensacola, in Escambia County, Florida. Interstate 10 in Escambia County is part of the Federal Interstate Highway System. Attached to the application was a sketch showing the proposed sign location to be in the area between the water and U.S. 90, on the south side of Interstate 10. At this interchange, all access roads are west of U.S. 90, north and south of I-10. Because the Department did not have an inspector on duty in Escambia County, the field inspection of the proposed location was made by the Outdoor Advertising Supervisor for the Third District. He observed the area and found it to be on a downgrade with underbrush, making distance sighting difficult. Using the 0.3 mile location indicated on the application, and seeing no access ramps on the east side of U.S. 90, he considered the proposed location to be far enough from the interchange, but no measurements were actually made. As a result of this inspection, the permit application was approved on June 25, 1981. Shortly thereafter, while driving through the area heading east, the supervisor noted that 0.3 mile from U.S. 90 measured with his automobile speedometer would place the sign out in the bay. On July 21, 1981, this supervisor telephoned Lamar Advertising Company and advised that the permit had been issued in error. He met with the company on the following day, and after this meeting he sent a letter to Lamar Advertising Company confirming that the permit had been issued in error, and requesting its return. Lamar Advertising Company did not return the permit tag, and subsequently erected the sign facing east with the advertising copy not visible from the access ramp. The subject sign was erected in the area where the supervisor thought the sign would be, and at the approximate location shown on the sketch submitted with the application indicating a location 0.3 mile east of the nearest intersection. During a sign inventory conducted by the Department's inspector for Escambia County on August 28, 1981, the inspector observed that the undergrowth and trees had been cleared from the site, but that no sign had yet been erected. The manager of the Pensacola office of Lamar Advertising Company testified that the sign was erected during the last week in August of 1981, and that it was completely in place on the first day of September. The Department's supervisor observed that the sign had been recently erected sometime between the latter part of August and the first part of September. At a later date, this inspector was asked by the supervisor to check the location for the purpose of issuing a violation notice. On January 18, 1982, the inspector visited the site and made measurements. The sign is located approximately 95 feet from the limited access fence on I-10 and approximately 360 feet from the Exxon station on U.S. 90, and is 35 to 60 feet from the point of widening of the interchange, instead of 0.3 mile east of the interchange as the application stated. The advertising copy on the sign can be read by traffic traveling west on I-10. As a result of the measurements taken on this visit, notice of violation which is the subject of this proceeding was issued. The local manager of Lamar Advertising Company testified that materials for the sign in question had been purchased about the middle of July, and an advertising contract with Holiday Inn was executed on July 13, 1981, for the subject location. This contract has a substitute provision in paragraph 6 of the Standard Conditions, which states: . . .in the event Lamar is unable to deliver any portion of the service required in this contract. . .this contract shall not terminate. Credit shall be allowed to Advertiser at the standard rates of Lamar for such space or service for the period during which such space or service shall not be furnished. . .Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces to be reasonably approved by Advertiser. . .
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the sign owned by Lamar Advertising Company facing east on the south side of Interstate 10, east of U.S. 90, in Escambia County, Florida, be removed. DONE and RECOMMENDED this 26th day of May, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of May, 1983. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Haydon Burns Bldg., M.S.58 Tallahassee, Florida 32301-8064 P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
