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
Findings Of Fact On May 8, 1979, a representative of DOT observed a sign located on State Road 13, 1.8 miles north of the Duval-St. Johns line in Duval County, Florida. State Road 13 is a federal aid primary highway. The sign in question bore the following advertising copy: "Quail Ridge, New Homes, straight ahead to St. Augustine Rd., Right to Caron Dr." At the time the sign was initially observed it was constructed of new lumber, with fresh dirt around the holes in which the standards were placed which supported the sign. The sign was located within the corporate limits of tie City of Jacksonville, Florida, in an area which is zoned "Commercial Intensive". At the time the sign was initially inspected on May 8, 1979, no permit tag was affixed. In addition, the sign was located within two feet of another larger sign which had been properly permitted, was on the same side of the highway, and faced the same direction. The DOT representative, upon inspection of the sign, contacted Joseph Pepe, the President of Respondent to discuss the sign in question. Mr. Pepe admitted that his company owned and erected the sign with its own work crew. The sign was again inspected one day prior to the final hearing in this cause, and was still located in the same position and had no permit tag affixed to the structure.
The Issue Whether the signs of Respondent should be removed for violating the spacing requirements of Florida Statutes and State Laws, Rules and Regulations.
Findings Of Fact An application for a permit was filed by the Respondent, Lamar-Citrus Outdoor Advertising, for a location and construction of a billboard sign. The application designated U.S. 41 not within the city limits in the county of Lee. The nearest highway intersection was designated as Bonita Beach Enterance, Highway 865 and 1200 feet North from the intersection. The permit was approved May 13, 1976, and the approval designated the sign location as "Sec 309N 01.32 15R f/s." The direction that the sign would face was checked. The lighted block was not checked. Thereafter a 12 x 25 double-face lighted sign was erected by the Respondent on the West side of United States Highway 41, a four-lane highway. On May 2, 1977, the Petitioner, Department of Transportation, issued an "alleged violation of Chapter 479, Florida Statutes, and Notice to Show Cause." The violation notice stated "Signs were approved in this section, but they were for 309 North, not South." Petitioner requested an administrative hearing. Petitioner contends: he properly constructed his signs pursuant to his application and the permit issued by the Respondent. He contends that the spacing problem is caused by another outdoor advertising sign and not his own. Petitioner further contends that the application forms have been changed to clarify the location of signs since his application was filed and his permit was granted. Respondent contends: that Petitioner failed to locate his sign in the location for which he applied and for which the permit was issued; that because of the failure to properly locate his sign, his sign is in an unpermitted location and is an unpermitted sign; that Petitioner's sign is in violation of the spacing requirements of Section 479.02(2) inasmuch as a properly permitted sign is within 200 feet of Petitioner's sign; that the Petitioner has been applying for and has been granted permits for outdoor advertising along the highways of the State of Florida for at least nine and a half years and that the same method of describing the location for the construction of billboards has been used by the Respondent and has been used by the Petitioner and that it is a logical and practical way to describe a permitted location for a sign along a highway; that it is true that new forms are being used to further clarify the position of signs but that the application form used by the Petitioner when applying for the sign and obtaining a permit for the subject sign is clear on its face and the method of location has been well known to the Petitioner for many years. Upon observing the demeanor of the Petitioner and Respondent and listening to the testimony of the witnesses and argument of counsel, the Hearing Officer further finds 1) the Petitioner knew or should have known that the area in which he was permitted to erect a sign was East of the highway inasmuch as the location and construction form expressly stated that the nearest highway intersection was Number 865 and that the direction from the intersection was North. The permit states Sec. 309 North and indicated the sign faces South. A driver of a vehicle going North from the intersection must be in the right hand two lanes of U.S. 41 and that to proceed 1200 feet a sign would be on the right hand or the East side of the four lane highway. The "modus operandi" for location of signs is statewide and well known to the Petitioner as well as the Respondent. To ascertain a location on the West side opposite the area in which the Respondent approved for Petitioner's sign would have required a vehicle to travel North in the South bound lanes of U.S. 41 in order to drive the distance from the stated intersection to the location. Throughout the state the sections are usually designated on the permits so that they show the direction in which to drive, North, South, East or West. The signs are located on the right side of the highways as the vehicle travels.
Recommendation Require the Petitioner to remove the subject sign or remove it at the expiration of appeal time. DONE and ENTERED this 12th day of January, 1978, 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 E. Snow Martin, Esquire Post Office Box 117 Lakeland, Florida 33802
The Issue Whether Respondent has violated Sections 479.07(1),(4),(6) and 479.11(1),Florida Statutes. At the hearing, it was announced that the signs in question are owned by a partnership known as Henderson Signs, Don Henderson and Gene Henderson being partners thereof. It was stipulated that the above-captioned cases would be consolidated for hearing and that Henderson Signs had been notified of the violations and was prepared to proceed with a hearing. The stipulation was accepted by the hearing officer and the caption of the case amended to show Henderson Signs as Respondent.
Findings Of Fact 1. It was stipulated by the parties that the two signs in question are owned by Respondent and are located as indicated on Exhibit 3 as follows: The Circle D. Ranch sign is located 9/10 of a mile east of the east lane of State Highway 81 and 85 feet south of the right-of-way fence of Interstate Highway I- The Arrowhead Campsite sign is located 1.1 miles east of the east lane of State Highway 81 and 190 feet south of the right-of-way fence of Interstate Highway I-10 (Exhibits 1,2,3 & 4, Testimony of Williams, Jordan). No state permit tags are affixed to the signs and they are not located in a zoned or unzoned commercial area as determined by physical observation (Testimony of Mr. Williams). The signs are located outside any incorporated city or town (Exhibits 3 & 4, late-filed Composite Exhibit 5, Testimony of Mr. Williams, Mr. Jordan).
The Issue Whether subject sign is in violation of state and federal law for the reason that no permit was secured at time of erection of subject sign.
Findings Of Fact Respondent proceeded to erect subject sign prior to January 29, 1975, and continued such erection after January 29, 1975, the date a Notice of Outdoor Advertising Violation was served on Respondent Corporation by the District Sign Inspector. Said notice of violation notified Respondent that Respondent Corporation was in violation of Chapter 479, Florida Statutes or Section 335.13, Florida statutes for the reason that no permit had been secured and that the erection of said sign was in violation of the specific requirement of Chapter 479, Florida statutes inasmuch as subject sign was approximately 250' from an existing sign. Respondent continued to erect subject sign despite objections from the Florida Department of Transportation. On the date of the hearing the Respondent testified that as of that date an application had been made and permit had been approved. The sign coordinator testified that the sign which had been permitted and which was so spaced to prohibit the building of Respondent's sign had been removed after the Notice of Hearing had been set. The complainant contended that Respondent erected subject sign without first applying for a permit; that after Notice of Violation Respondent disregarded the notice and the law and continued to build subject sign; that not until notice of this hearing was received did Respondent "buy out" the offending sign which prohibited the issuance of permits. The Respondent did not deny that no permit was issued before erection of subject sign but contends that permits have now been issued.
Findings Of Fact Petitioner submitted Request for Admissions to Respondent Waller on 17 August 1982, and no response thereto was received from Waller (Exhibit 1). Pursuant to Rule 1.370(a), Florida Rules of Civil Procedure, these requests are deemed admitted. Included therein are the following: The sign in question is an outdoor advertising sign visible to vehicular traffic on I-4 and located within 660 feet of the I-4. The sign has never been issued a permit by Petitioner. The sign was located outside the corporate limits of a city or town at the time it was erected. The sign is not located in a commercial or industrial zoned area or in a commercial or industrial unzoned area. The structure is owned by Respondent Waller. Exhibit 2, a computer printout from the office of the Secretary of the State of Florida, shows Country Village Flea Market, Inc., to have been incorporated July 15, 1980, with all directors having the surname of Waller, and Ferris Waller as president and registered agent. The address of the corporation is the same as the address to which the Notice of Alleged Violation was sent. The area in which this sign is located is zoned R-1A, which is single- family residential, and is located inside the city limits of Plant City, Florida.
The Issue Based upon the testimony received the primary issue is whether the poles were erected before the highway, I-10, was opened to the public. If so, do such poles constitute a sign within the meaning of Section 479.23, Florida Statutes, for the purposes of "grandfathering" such a structure?
Findings Of Fact These double-faced, stacked signs are located 1.4 miles east of State Road 276 on I-10. These signs were inspected on October 22, 1980, by an inspector of the Department of Transportation, who observed that the signs' messages were visible from the main traveled way of I-10 and did not bear the permits required by Chapter 479, Florida Statutes. At the time of this inspection I-10 was open to the public and was a part of the interstate highway system. See DOT Exhibit 1 and DOT Exhibit 3. The signs were located in an unincorporated area of Jackson County, Florida, which does not have a zoning ordinance. (Transcript, page 39.) Prior to the date of the hearing, name plates identifying Henderson signs as responsible for the signs were attached to the signs. (Transcript, page 29.) The Department had notified Henderson Signs of the Notice of Violation, and Henderson Signs requested a formal hearing by letter of its Counsel dated December 19, 1980. See files, Cases Nos. 81-106T and 81-107T. The foregoing facts establish that the subject signs are signs regulated by the Department pursuant to Chapter 479, Florida Statutes, and that Henderson Signs had a substantial interest in the signs. Gene Henderson testified concerning the erection of the poles and the attachment of sign faces to the poles. According to Henderson, the sign poles were erected during the latter part of 1975, and the first sign face (Case No. 81-106T) advertising "Quality Inn" was affixed to the sign on January 15, 1977. On June 15, 1978, a second sign face was affixed to the sign poles in the opposite direction (Case No. 81-107T) advertising "Shell Food Store." W. B. Reddock, affiliated with Arrowhead Camp Grounds, appeared and testified. Although Reddock may have some interest in these signs, it is concluded that the signs are the responsibility of Henderson Signs, which erected the poles prior to the time I-10 was opened to the public. The Department introduced DOT Exhibit 3, which shows that the section of I-10 along which the subject signs are located was opened to the public on October 14, 1977. The Department introduced DOT Exhibit 8, an aerial photograph of the section of I-10 along which the subject signs are located. This photograph bears the number PD 2193 and is Sheet 4 of 28 sheets taken on November 14, 1977. The photograph's legend reflects it has a scale of one inch equal to 50 feet. The Department's engineer, who established that the scale was accurate, indicated by a red mark the measured location of the signs 1.4 miles east of SR 276 on I-10. The photograph was examined by the Department's engineer, who observed the presence of six poles at the location. No sign faces were attached to the poles on November 14, 1977, 30 days after the highway was opened to the public.
Recommendation Having considered the proposed findings of fact submitted by the parties, and based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of Transportation enter its final order directing the removal of the subject signs within 30 days and without compensation to the signs' owner. DONE and ORDERED this 16th day of September, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 16th day of September,1981. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Hayden Burns Building Tallahassee, Florida 32301 Charles M. Wynn, Esquire 310 Jackson Street Post Office Box 793 Marianna, Florida 32446 Jacob D. Varn, Secretary Department of Transportation Haydon Burns Building, MS 57 Tallahassee, Florida 32301
The Issue Whether the application contains knowingly false or misleading information; or Whether the Department is estopped to revoke the permits.
Findings Of Fact By application for outdoor advertising sign permits dated December 19, 1989 (Exhibit 1), Dolphin Outdoor Advertising requested permits for a sign to be located along I-4 in Polk County, Florida 100 feet west of Kraft Road. The application stated that the proposed sign was 1600 feet from the nearest permitted sign. The District DOT sign inspector to whom this application was referred for processing checked the records for signs located within 1000 feet of the proposed location under the mistaken understanding that the minimum spacing requirement for signs along interstate highways was 1000 feet. After determining there were no valid conflicting signs, the inspector, who had been employed by the department approximately six months, approved the application and tags numbered AY 108-35 and AY 109-35 were issued on February 24, 1989. In the interim, the applicant, upon learning that his application would be approved, contacted the landowner and entered into a lease for the property and on February 17, 1989, paid Florida Log and Timber $5000 for the first year's lease (Exhibit 11) on this property. The applicant also paid the finder of the site some $4300 for services and expenses in November, 1988. (Exhibits 7 and 8) In mid-March 1989, while discussing these permits with her supervisor, the inspector who had issued the permit to Respondent learned that the required spacing between signs along interstate highways is 1500 feet instead of 1000 feet which is the minimum spacing along federal-aid primary highways. By letter dated March 17, 1989 (Exhibit 3) the Department advised Respondent that permits AY 108-35 and AY 109-35 were issued in error because of a valid existing permit for a sign located 1056 feet west of Respondent's proposed sign. The permits were therefore stated to be no longer valid, and these proceedings followed. Petitioner's letter of March 17, 1989 was received by Respondent before construction on the sign started but after Respondent received a building permit from Polk County dated February 27, 1989 at a cost to Respondent of $101.20.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be issued revoking permits AY 108-35 and AY 109-35 issued to Dolphin Outdoor Advertising for a sign along I-4 100 feet west of Kraft Road in Polk County. DONE AND ENTERED this 5th day of June, 1989, in Tallahassee, Leon County, Florida. K. N. AYERS 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 5th day of June, 1989. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 Scott Hill, Pro Se 1718 Golfside Drive Winter Park, Florida 32972 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thomas H. Bateman, III, Esquire General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 =================================================================
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.
The Issue The issue for consideration in this matter is whether the Respondent's sign, as described in the Notice of Hearing and in the violation issued herein, was in conformity with the Department requirements, as well as whether the Department is liable for damage to the sign caused by it's removal.
Findings Of Fact At all times pertinent to the matters in issue herein, the Petitioner, Department of Transportation, was the state agency responsible for regulating the erection and use of advertising signs adjacent to state right-of-way highways in this state. The Respondent, Horseshoe Cove Resort, Inc., was a commercial enterprise and the owner of the sign in question. On August 31, 1989, in the course of his duties as an inspector in the Department's outdoor advertising division, Joseph V. Hanrahan saw the Respondent's sign, which was erected adjacent to and within 1,000 feet of another, permitted, sign, located approximately 25 feet west of 60th Street East, on the northbound side of State Road 70 in Manatee County, Florida. State Road 70 is a primary highway, and the sign, a 1 x 3 foot electrified sign, located on a pole approximately 20 feet above the ground, was visible from the road. This sign was required to be permitted because it is an "off site" sign, ( a sign situated away from the advertised enterprise ). The sign appeared to be in violation of Section 479.07(1), Florida Statutes, and Mr. Hanrahan issued violation No. 1-13-30, which noted that the sign was not properly permitted, and which instructed the owner to remove it within 30 days of the date of the notice of violation. The sign had been erected by Magee Sign Service which was paid by the Respondent to construct and erect it. A county permit had been issued for the sign, but no state sign permit had been obtained. The notice of violation issued by Mr. Hanrahan was mailed to the Respondent and was received by it on September 5, 1989. The sign was not removed within 30 days. Therefore, on June 19, 1990, a contractor, working for the Department, cut the sign down, and by letter dated that same day, the Department advised Respondent the sign had been removed persuant to the violation. It also advised Respondent that under the provisions of Section 479.105, Florida Statutes, Horseshoe Cove was being charged $50.00 as the cost of removal. After the sign was removed, Mr. Williams, Respondent's manager, called Mr. Dunsford, the Department's District Manager, regarding the removal, and in response to that call, Mr. Dunsford advised Mr. Williams in writing how to request a hearing. The violation notice sent to Respondent in August, 1989, states that the owner of the sign had 30 days to remove it. Even though the statute in effect at that time provided for the cost of removal to be borne by the owner, the form did not so state. In early 1990, the form was amended to include a notice regarding cost of removal. In this case, the only notice submitted to Respondent by the Department prior to the sign being removed was the violation notice. According to Mr. Williams, shortly after he received the violation notice in August, 1989, in September, 1989 he wrote to the Department advising them he believed the sign was a part of the contiguous permitted sign. Along with that letter, Mr. Williams enclosed $50.00 to show a good faith effort to correct the problem. This $50.00 was subsequently returned by the Department. Upon the advice of Mr. Hanrahan, Williams contacted Magee Sign Service to see if a bracket could be fashioned to affix the offending sign to the adjacent billboard. Magee advised him that county regulations prohibited that. This is true. Williams then called Mr. Hanrahan to see if he would contact Mr. Prettyman, an official in the county planning office who permitted signs, to see if some arrangement could be made to preserve the sign, but in the interim, it was removed by the Department. All during this time, Mr. Williams was a member of the County Planning Commission and saw Prettyman at most meetings. He did not ever discuss the sign problem with him, however, claiming the meetings "offered little or no time for other business." A post - meeting discussion, or contacts at other times, were not addressed. Hanrahan admits to being asked by Williams to speak with Prettyman and claims he did so. He also claims that Prettyman declined to issue the required permit. Hanrahan cannot recall whether he advised Williams of this or not, but it appears he did not. Williams claims he expected to hear back from Hanrahan on the matter, and now claims that had Hanrahan told him timely of Prettyman's refusal, he would have removed the sign then without destroying it. He also claims not to have known the state would hire a contractor to remove it or that there would be a cost involved. The cost is provided for by statute, however. His claims of lack of knowledge are not impressive and do not justify Respondent's inaction. Notwithstanding that the contractor is required to remove the sign below ground surface, to fill the hole remaining, and to clean the area, according to Mr. Williams, the metal support pole was cut 1 1/2 inches above the ground and the internal electrical wires were cut at the junction box leaving live electrical wires open. When Mr. Williams saw the pole stub, he did not notify the Department but instead, had his own maintenance people correct the problem. Even after the notice of violation, Respondent, though trying to arrange for the sign to be made "legal" at no time applied for a state permit for the offending sign. Williams claims that Magee did apply for a permit but was denied, but no independent evidence to that effect was presented.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered approving the removal of the offending sign in question, assessing a $50.00 fee against Respondent for removal costs, and denying Respondent reimbursement for the cost of the destroyed sign. RECOMMENDED this 17th day of May, 1991, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 COPIES FURNISHED: Filed with the Clerk of the Division of Administrative Hearings this 17th day of May, 1991. Vernon L. Whittier, Jr., Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0450 E. H. Williams Horseshoe Cove Resort, Inc. 5100 69th Street East Bradenton, Florida 34203 Ben G. Watts Secretary Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0468 Thornton J. Williams General Counsel Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0458
