Findings Of Fact The Respondent, Bill Salter Outdoor Advertising, Inc., was issued permits numbered AI625-10 and AI626-10 on or about February 15, 1983. These permits were for the erection of signs on the north side of I-10, approximately .65 mile west of SR 297, in Escambia County, Florida. They were issued because of the proximity of a welding business noted on a sketch attached to the applications submitted by the Respondent. The Respondent submitted the applications and the attached sketch for these permits, and designated on the applications that the sign location would be in an unzoned area within 800 feet of a business. The sketch shows what is designated as a welding business to be within 800 feet of the proposed sign location. On each of these applications the Respondent certified that the signs would meet all requirements of Chapter 479 of the Florida Statutes. Prior to the issuance of these permits, the subject site was inspected by the Department's outdoor advertising inspector, who approved the applications because of the existence of what was believed to be a welding shop nearby the proposed sign location. This inspector was looking for a welding shop because one was indicated to be there by the sketch attached to the applications. What she saw was some welding being done on the property where the welding business was shown on the sketch to be. This could be seen from the interstate. Apparently because the inspector expected to find a welding business near the proposed sign site as represented on the Respondent's applications, it was concluded that such a business existed there, and the applications were approved. However, the occupant of the subject property has lived there all his life, and has never operated a welding business. He has only done welding on this site once, when he welded a bumper onto a truck. This took ten to fifteen minutes to complete. The photographs which were received in evidence show his property, and the area depicted was substantially the same in 1983 as when the photos were taken. The general appearance of this area is residential or rural in nature, and not commercial. It is visible to traffic on I-10. The adjacent property is leased by Pensacola Outdoor Advertising. This property has a building on it which bears a small sign reading "Pensacola Outdoor Adv." and the telephone number. This building was leased by Pensacola Outdoor Advertising in February of 1984, and was not used for any business purpose when the permit applications were submitted. This property is also visible from I-10. However, when the Respondent applied for the subject permits there was no business activity being conducted within 800 feet of the proposed sign location. Therefore, the Department's inspector made a mistake in approving the Respondent's applications for this site. In May of 1984 the Department issued its violation letter advising the Respondent that the subject sign permits were being revoked.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permits numbered AI625-10 and AI626-10 held by the Respondent, Bill Salter Outdoor Advertising, Inc,, authorizing signs on the north side of I-10, approximately .65 mile west of SR 297 in Escambia County, Florida, be revoked, and any signs erected pursuant to these permits be removed. THIS RECOMMENDED ORDER entered this 31st day of October, 1985 in Tallahassee, Leon County, 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 31st day of October, 1985. APPENDIX TO RECOMMENDED ORDER, CASE NO. 85-4175T Petitioner's Proposed Findings of Fact: Accepted. Accepted. Accepted. Respondent's Proposed Findings of Fact: Accepted Rejected. Accepted. Rejected, as contrary to the weight of the evidence. Rejected, as contrary to the weight of the evidence, except for the grant of field approval of the permits which is accepted. Accepted, except for cost of erection of the sign which is rejected as irrelevant. Rejected, as irrelevant. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Rejected, as irrelevant. Rejected, as contrary to the weight of the evidence, except for visibility which is accepted. Accepted. COPIES FURNISHED: Charles G. Gardner, Esquire Hayden Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire P. O. Box 12308 Pensacola, Florida 32581 Honorable Thomas E. Drawdy Secretary Department of Transportation Hayden Burns Bldg. Tallahassee, Florida 32301
Findings Of Fact The outdoor advertising sign which is the subject of this proceeding has been erected on a small parcel of land located approximately one-quarter of a mile west of First Street on Rockland Key, next to the southbound lane of U.S. 1, in Monroe County, Florida. This location is outside the city limits of any municipality. On approximately October 1, 1983, Mr. Frank Toppino, who is not a party to this proceeding and who was not presented as a witness at the hearing, leased the subject property to the Pier House Inn and Beach Club for one year. Under the terms of this lease, the Pier House Inn received the right to use the property for an outdoor advertising structure which the parties to the lease contemplated would be constructed there. The Pier House agreed to pay the sum of $950 to Mr. Toppino as rent for the year. In addition, the Pier House agreed to undertake construction of the sign on the land for the benefit of Mr. Toppino, the lessor, after the lease expires. The PIER House received the right to use this land for one year, and the right to place advertising copy of its choice on the face of the outdoor advertising structure for one year. The lease between Mr. Toppino and the Pier House Inn covering the subject property was received in evidence. This lease, and the testimony of the general manager of the Pier House Inn who executed it as lessee, which is detailed above, supports a finding of fact that Mr. Frank Toppino and not the Pier House was the owner of the outdoor advertising structure which is the subject of this proceeding on October 1, 1983. Subsequently, when the Department's Outdoor Advertising Administrator made his inspection of the subject sign, there was no state outdoor advertising permit affixed thereto, and the Department has not issued any permit for this structure. The sign was erected between two other permitted signs, and it is closer than 500 feet to both of these existing and permitted structures. The sign which is the subject of this proceeding is located adjacent to a federal- aid primary highway outside any incorporated city or town. It is visible from U.S. 1, and it is within 660 feet of the edge of the pavement of this highway. The Department's Outdoor Advertising Administrator made a determination that the Pier House Inn was the owner of the sign in question based upon information contained in a Monroe County Building Permit application, and based upon the hearsay information received during telephone conversations. However, this information is controverted by the direct testimony of the general manager of the Pier House Inn which is itself corroborated by the lease between Mr. Toppino and the Pier House which is in evidence. Thus, the testimony received from the Department's witness is not of sufficient quality to support a finding of fact that the Pier House Inn is the owner of the sign in question. Moreover, the Department has the burden of proof on this issue, and the quantity and quality of the evidence presented on the matter of ownership of the subject sign does not carry this burden.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the violation notice issued on December 12, 1983, to the Pier House Inn and Beach Club, be dismissed, without prejudice to the reinstitution of proceedings in which the violation notice is directed to the actual owner of the sign in question. THIS RECOMMENDED ORDER entered this 23rd day of August, 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 23rd day of August, 1984. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 H. Ray Allen, Esquire 618 Whitehead Street Key West, Florida 33040
The Issue The central issue in this case is whether the Respondent is entitled to a sign permit for a location on Fairbanks Avenue facing Interstate 4, and whether the sign which has been erected at that location is in violation of applicable provisions of Chapter 479, Florida Statutes.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made: The Department is authorized pursuant to Chapter 479, Florida Statutes, to regulate outdoor advertising signs. The Respondent owns or controls an outdoor advertising sign (subject sign) located on Fairbanks Avenue which faces I 4 and which is 480 feet from the centerline of I 4. The sign face and direction of the subject sign are visible from I 4 following that route as it is normally traveled, i.e. on the main-traveled way. The subject sign is no more than 480 feet from the interchange at Fairbanks and I 4. The subject sign was erected in June, 1979, when SR 424 was not designated a federal aid primary road and a state permit was not required. On May 17, 1979, the Department's then district sign coordinator issued a letter to Respondent in response to Creative Media's sign permit application which provided that "a state permit is not required at this time." (e.s.) The Respondent's application in 1979 specified that the sign location was not within city limits which is presumed true for purposes of this record. Further, the 1979 application specified that the sign would be located .1 of a mile (presumably 528 feet) from the intersection. That description of the proposed sign is also presumed true. Subsequently, Fairbanks became a part of the state highway system and a requirement for outdoor advertising permits for signs erected along that roadway became effective. The sign face for which the present permit is sought is within 500 feet of the I 4 interchange. On January 30, 1990, Inspector Dollery photographed the subject sign which contained the following verbiage: "ENRICH YOUR LIFE. Barclay Place Rental Apartments at Heathrow". When Inspector Dollery visited the location on January 3 and 4, 1991, the sign face was painted white with only a telephone number (425-5100) depicted. On February 5, 1990, the Department's current district outdoor advertising administrator issued a notice of alleged violation regarding the subject sign. On February 26, 1990, the Respondent filed an application for a permit for the sign face in dispute. The 1990 application acknowledged that the sign was 480 feet from the I 4 intersection. The Department returned the application as not meeting the spacing requirements for signs facing I 4 and for being less than 500 feet from the interchange. POA Acquisition, an outdoor advertising company, holds permits for signs located on I 4 which are within 1500 feet of the subject sign.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Department of Transportation enter a final order finding the subject sign in violation of the rule as set forth in the notice of alleged violations dated February 5, 1990, and denying the permit application of the Respondent. DONE and ENTERED this 22nd day of April, 1991, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of April, 1991. APPENDIX TO CASE NO. 90-2193T RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT: 1. Paragraphs 1 through 3 are accepted. RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE RESPONDENT: The six unnumbered paragraphs are addressed in the order presented. The first paragraph is accepted. The second paragraph is accepted. The first sentence of the third paragraph is accepted. The second sentence of the third paragraph is rejected as contrary to the weight of the credible evidence or irrelevant if intended to establish that a DOT official told Mr. Fekete to retain paperwork. The fourth paragraph is rejected as contrary to the weight of the credible evidence. If the sign had been constructed as represented on the application, the fifth paragraph could be accepted; however, Respondent did not build the sign as stated in the 1979 application nor can it be determined from this record whether the spacing requirements along I 4 could have been met in 1979. Certainly, for a sign facing on Fairbanks, the spacing requirements could have been met. The distance from the interchange is ultimately why Respondent's application would have failed in 1979 if accurately requested. Consequently, as drafted, the fifth paragraph must be rejected as contrary to the weight of the evidence. The sixth paragraph is accepted. COPIES FURNISHED: Vernon L. Whittier, Jr. Assistant General Counsel Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Gerald S. Livingston Kreuter & Livingston, P.A. 200 East Robinson Street Suite 1150 Orlando, Florida 32801 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building ATTN: Eleanor F. Turner, M.S.58 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petition of Billboard Consultants for permits to erect outdoor advertising signs on Prudential Drive (U.S. 1), 90 feet south of Flagler Avenue, facing south, in Jacksonville (Duval County), Florida, be denied. THIS RECOMMENDED ORDER entered this 22nd day of April, 1985 in Tallahassee, Leon County, 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 22nd day of April, 1985.
Findings Of Fact On September 1, 1980, Bill Salter Advertising, Inc., executed a lease agreement with Edward M. Chadbourne to erect outdoor advertising signs facing north and south on the Chadbourne property 190 feet east of the intersection of State Road 742 and State Road 291 in Escambia County, outside the city limits of Pensacola. This lease was renewed for calendar year 1981-1982 and calendar year 1982-1983. The third renewal expires on August 31, 1983. On August 4, 1981, Bill Salter Advertising, Inc., applied to the Department of Transportation for permits to erect outdoor advertising signs located 190 feet east of the intersection of State Road 742 and State Road 291 facing north and south. At the time of this application, Bill Salter Advertising, Inc., held the property under the above lease. On August 17, 1981, the Department of Transportation approved the application for permits. On April 15, 1982, Bill Salter Advertising, Inc., executed an affidavit to cancel its permits at the location 190 feet east of State Road 742 and State Road 291 facing north and south in order to get a more advantageous position for the erection of an outdoor advertising sign. On February 23, 1982, Bill Salter Advertising, Inc., executed a lease agreement with Felix Bell to erect outdoor advertising signs on the Bell property at a location on State Road 291, 190 feet east of the intersection of State Road 742 and State Road 291 in Escambia County, outside the city limits of Pensacola. On April 12, 1982, Bill Salter Advertising, Inc., applied to the Department of Transportation for permits to erect signs facing north and south on State Road 291, 190 feet east of the intersection of State Road 742 and State Road 291. At the time of this application, Bill Salter Advertising, Inc., held the property under the Bell lease. On April 27, 1982, the Department of Transportation approved this application for permits. On October 12, 1982, the Petitioner, Lamar Advertising Company, applied to the Department of Transportation for permits to erect outdoor advertising signs on State Road 291, 218 feet north of State Road 742. This location is not a Federal-Aid Primary or Interstate Highway, and it is outside the city limits of Pensacola, in Escambia County. As such it is subject to the spacing requirements of the Escambia County ordinance regulating outdoor display advertising. Such application was submitted by the Petitioner, Lamar Advertising Company, after Bill Salter Advertising, Inc., had cancelled its permits at the location, 190 feet east of the intersection of State Road 742 and State Road 291, and after the Department of Transportation had approved the application for permits submitted by Bill Salter Advertising, Inc., for locations 190 feet east of the intersection of State Road 742 and State Road 291 on the Felix Bell property. The location for which Lamar Advertising Company seeks permits is less than 500 feet from the permitted locations of Bill Salter Advertising, Inc., at 190 feet east of the intersection of State Road 742 and State Road 291.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the application of Lamar Advertising Company for permits to erect signs facing north and south on State Road 291, 218 feet north of State Road 742, in Escambia County, Florida, be DENIED. DONE and RECOMMENDED this 18th 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 18th day of May, 1983. COPIES FURNISHED: P. Michael Patterson, Esquire 905 West Moreno Street Pensacola, Florida 32501 Vernon L. Whittier, Jr., Esquire Haydon Burns Building, Mail Station 58 Tallahassee, Florida 32301-8064 Mark J. Proctor, Esquire Post Office Box 12308 Pensacola, Florida 32501 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
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 The subject sign is located one mile east of State Road 71 on I-10. This sign was inspected on October 22, 1980, by an inspector of the Department of Transportation, who observed that the sign's message was visible from the main traveled way of I-10 and did not bear the permit 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 sign was 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, a name plate identifying Henderson Signs as responsible for the sign was attached to the sign. (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 file, Case No. 81-101T. The foregoing facts establish that the subject sign is a sign regulated by the Department pursuant to Chapter 479, Florida Statutes, and that Henderson Signs had a substantial interest in the sign. Gene Henderson testified concerning the erection of the poles and the attachment of a sign face to the poles. The sign poles were erected during the latter portion of 1975, and a sign face advertising "Shell Food Store" was affixed to the poles on March 30, 1978. In February, 1980, the sign face was changed to one advertising "Jon's Steak House." The sign is owned by 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 sign is located was opened to the public on October 14, 1977. The Department introduced DOT Exhibit 6, an aerial photograph of the section of I-10 along which the subject sign is located. This photograph bears the number PD 1996 and is Sheet 9 of 28 sheets taken on December 29, 1976. 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 sign one mile east of SR 71 on I-10. The photograph was examined by the Department's engineer, who did not observe the presence of poles or an outdoor advertising sign at the location. The photograph was taken nearly one year after the date Henderson stated the poles were erected but does not reveal the presence of the poles. Even if one assumes they were erected, a sign face was not attached until March 30, 1978, several months after I-10 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 sign within 30 days and without compensation to the sign's owner. DONE and ORDERED this 16th day of September, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 16th day of September, 1981. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon 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 subject outdoor advertising signs are illegal because they were erected without state permits from Petitioner. Whether the subject signs should be removed. Whether Petitioner is equitably estopped to assert that the signs are illegal and should be removed.
Findings Of Fact Respondent owns and maintains an outdoor advertising sign located adjacent to Interstate 95 on Northwest 6th Court, which is between Northwest 75th Street and Northwest 76th Street, Miami, Dade County, Florida. For ease of reference, this sign will be referred to as the Interstate 95 sign. The Interstate 95 sign has two facings, each of which is visible from Interstate 95. The Interstate 95 sign is located within 147 feet of the right-of-way of Interstate 95. Respondent owns and maintains an outdoor advertising sign located adjacent to Interstate 395 at the corner of Northwest 14th Street and Northwest 1st Court, Miami, Dade County, Florida. For ease of reference, this sign will be referred to as the Interstate 395 sign. The Interstate 395 sign has two facings, each of which is visible from Interstate 395. The Interstate 395 sign is located within 240 feet of the right- of-way of Interstate 395. Eugene A. (Andy) Hancock, Jr., is the President of the corporate Respondent and, at the times pertinent to this proceeding, controlled the activities of Respondent. Mr. Hancock caused the corporate Respondent to lease the respective properties on which the subject signs are located in November 1998. He thereafter caused the corporate Respondent to erect the two double-faced signs at issue in this proceeding. The subject signs were constructed during September and October 1999. Each sign was constructed without a state permit from Petitioner. Each sign is within the permitting jurisdiction of Petitioner. Mr. Hancock testified that his company did not apply for permits from Petitioner because of a conversation he had with Bernard Davis, a former outdoor advertising administrator for Petitioner. Mr. Hancock testified that Mr. Davis represented to him that his company would not need permits from Petitioner if it had permits from the City of Miami. This testimony is rejected. 3/ Respondent has applied for state sign permits for the subject signs. Permits for these signs have not been issued because of their proximity to existing, permitted signs. 4/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding that the subject signs are illegal and must be removed pursuant to Section 479.105, Florida Statutes. DONE AND ENTERED this 6th day of February, 2001, in Tallahassee, Leon County, Florida. 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 6th day of February, 2001.
The Issue The issue for consideration is whether the Respondent's signs, bearing permits numbers AX762 and AX782, respectively, located adjacent to U.S. Highway 41 in Manatee County, Florida, be removed for the reasons set forth in the Department's Notices of Violation dated March 15, 1999.
Findings Of Fact At all times pertinent to the issues herein, the Department of Transportation (Department) was the state agency responsible for the licensing and regulation of advertising along the highways of this state. Respondent, National Advertising Company, is a private company engaged in the outdoor advertising business in Florida. It owns numerous advertising signs placed at various locations adjacent to the roads in the Federal Highway System as well as state roads in this state. On March 11, 1998, Eugene Casey, an outdoor advertising inspector with the Department's Bartow, Florida, office, drove past a sign owned by Respondent and located on U.S. Highway 41 approximately 950 feet south of 73rd Street East in Palmetto, Manatee County, Florida. His examination of the sign in question revealed that it had no advertising copy on it, and it bore the permit tag with number AX782, which was issued to the Respondent. He also noted that the sign was closer than permitted to an adjacent sign, being only 408 feet away. This adjacent sign bore the permit tag number AX780, also issued to Respondent. The distance between the signs in question was measured by both Mr. Lowry and Mr. Casey. Mr. Lowry measured the distance utilizing a device in his vehicle which, he contends, was accurate to 2 feet in every 1,000 feet. Mr. Casey also used a similar device, but also utilized a walking wheel which he calibrated daily, and which he claims was exactly correct with no error. Even if the vehicle device with its 2-in-1,000 error ration were the only measurement taken, the degree of error is far less than that necessary to make any real difference in the spacing between 782 and 780, a distance of 408 feet. The Department rules require signs to be at least 1,000 feet apart. Mr. Casey also went past the sign in question approximately every two weeks during the succeeding 12 months and on no occasion did the sign display any advertising message. He took a photograph on March 11, September 15, and November 30, 1998, and also on March 24 and July 8, 1999. On none of these occasions had any advertising copy or a message of any nature been placed on the billboard. On the last occasion, he noticed that the face of the signboard had been painted to cover the apparent deterioration of the sign face. This deterioration, described as mildew and mold stains in both green and black was definitely not, as counsel for Respondent suggested, the remnants of an advertising message. On March 1, 1998, Mr. Casey also visited the sign bearing permit tag AX762, which was located on US Highway 41 approximately 590 feet north of Palmview Road in Manatee County. This sign was located on property zoned by the county as residential property. Under the rules of the Department, advertising signs may be erected only on property zoned commercial or industrial. As was the case with the previously mentioned billboard, AX782, Mr. Casey visited the site approximately every two weeks during the succeeding year and saw no message painted thereon. He took a photograph of the signboard on March 1, 1998, again on March 11, September 15, and November 30, 1998, and also on March 24, 1999. On none of those occasions did the signboard bear any advertising copy. Mr. Casey had no doubt at all that no message offering goods or services, or a public service announcement - in fact, no message of any kind was displayed on either sign. Respondent presented no evidence to indicate an advertising message had been displayed on either billboard during the period in question. Though not a matter properly in issue in this case, the Department established that both signs in question were nonconforming signs. The first, AX782, was nonconforming because it did not meet the applicable spacing requirements contained in the agreement between the state and the federal Departments of Transportation. The other, AX 762, was nonconforming because it was not located in an area designated primarily for commercial or industrial use under the county’s comprehensive plan.
Recommendation Based on the foregoing Findings of Fact and conclusions of law, it is recommended that the Department of Transportation enter a final order revoking permits AX782 and AX762 and ordering their removal. DONE AND ENTERED this 12th day of January, 2000, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK 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) 921-6947 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 2000. COPIES FURNISHED: Robert M. Burdick, Esquire Department of Transportation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0458 Gerald S. Livingston, Esquire Aileen M. Reilly, Esquire Livingston & Reilly, P.A. Post Office Box 2151 Orlando, Florida 32802-2151 Thomas F. Barry, Secretary ATTN: James C. Myers Clerk of Agency Proceedings Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0458 James C. Myers Clerk of Agency Proceedings Department of Transportation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0458 Pamela Leslie, General Counsel Department of Transportation 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0458
Findings Of Fact On September 1, 1981, the Department received in its district office in Chipley, Florida, the Respondent's application for a permit to erect an outdoor advertising sign adjacent to I-10, approximately 1.62 miles east of SR 69S in Jackson County, Florida. This permit application stated that the location requested was in a commercial or industrial area within 800 feet of a business. The Department's outdoor advertising inspector visited the site after having reviewed the Respondent's application and being told by Harry Fuqua that he would find a business called Branch's Garage there. He found a house with a tin farm-type building like a barn in the back. Inside this tin barn were some tools and welding equipment. There was a sign on the door stating the business hours, and another sign on the side of this tin building stating the name Branch's Garage. None of this was visible from I-10, however; all that could be seen from the interstate was the roof of the residence and part of the tin barn; there was no indication to traffic on the interstate that any commercial activity was being conducted at this location. The inspector's supervisor and the Department's Right-of-Way Administrator both visited the site prior to approval of the subject permit. The supervisor had also been told that he would find a business known as Branch's Garage there, and he was looking for it. At the site he observed what appeared to be a garage and some work being done. This could not be seen from I-10, and from the interstate he could not see anything that would indicate to traffic that a garage was at this location. The Respondent's representative, Harry Fuqua, admits that no business activity was visible from I-10, and that there was nothing to indicate to traffic on the interstate that any commercial activity was being conducted at this location. The site where Branch's Garage is located cannot be reached from I-10 directly. It would have to be approached from one of the side roads after traffic had exited the interstate. Based upon his inspection of the site, coupled with the Respondent's representation that a business called Branch's Garage existed there, the inspector approved the Respondent's application for a sign permit. Thereafter, both the supervisor and the Right-of-Way Administrator also approved the application. The permit was issued on or about September 8, 1981, because of the proximity of the proposed site to the nearby business known as Branch's Garage which had been observed by the inspector, his supervisor, and the Right- of-Way Administrator. Subsequently, after the permit had been issued, the Respondent erected its sign which is the subject of this proceeding. In late 1984 and early 1985 there was no business activity at the subject site and there continues to be nothing there to indicate to traffic on the interstate that any commercial activity exists at this location. The Respondent through its agent Harry Fuqua, submitted the application for the subject permit, and designated thereon that the proposed location was in an unzoned commercial area within 800 feet of a business. This application also certified that the sign to be erected met all of the requirements of Chapter 479, Florida Statutes.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that permit number AF191-10 held by Fuqua & Davis, Inc., be revoked, and the sign which was erected pursuant to this permit be removed. THIS RECOMMENDED ORDER entered this 11th day of July, 1985 in Tallahassee, Leon County, 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 11th day of July, 1985. COPIES FURNISHED: Maxine C. Ferguson, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064 James J. Richardson, Esquire P. O. Box 12669 Tallahassee, Florida 32317-2669 Hon. Paul A. Pappas Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue Whether the outdoor advertising signs of Respondent are in violation of Florida Statute 479.07(1), sign being erected without a State permit. Whether the subject signs are in violation of the setback requirements of Section 479.11, Florida Statutes. Whether subject signs are new and different signs inasmuch as they have new copy, are materially elevated from the location of the previous signs and have catwalks and lights added, thus requiring a new application and permit. Whether subject signs are in violation of federal and State laws, rules and regulations and should be removed. Whether the federal regulations adopted in Section 479.02, F.S., would have to be adopted as a rule under Chapter 120, F.S.
Findings Of Fact The Respondent sign company has a sign located approximately 12.81 miles north of Dunn Avenue on the east side of I-95 facing south containing the following copy: "Ramada Inn Exit 7 Miles U.S. 17" The sign was increased in height from under ten (10) feet to twenty feet from the ground to the bottom of the sign, lights were added, and the catwalk was added to accommodate the change in advertisers. This extensive alteration was done in June of 1975 and copy was changed. The original sign was erected in May of 1968 and advertised "Shell Oil." Respondent sign company has a sign located approximately 8.81 miles south of Bowden Road on the west side of I-95 facing north and containing the following copy: "Family Inn of St. Augustine" The revised sign is located in an area zoned open rural, has been elevated and has had lights and catwalk added. The original sign had different copy and was erected and permitted in October of 1968. Permits had been issued for the two subject signs in the approximate location with different copy on them in October of 1968 or shortly thereafter. The new advertisers wanted the signs lighted and pay approximately $30 more per month for the lighted signs. The new signs now are much more visible. Both signs were elevated approximately ten (10) feet, new copy put on them and lights and catwalks added in April of 1976. Permits were applied for but the Petitioner Department of Transportation refused to issue permits stating that they were new signs, no new applications had been made and were obviously ineligible for permits inasmuch as the signs violated the setback requirements of Chapter 479 and the federal laws, rules, and regulations adopted by the Florida Legislature.
Recommendation Remove subject signs if said signs have not been removed by the owner within ten (10) days after entry of the final order herein, as no applications for permits were made or granted. DONE and ORDERED this 20th day of December, 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: George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304 W. D. Rowland, Esquire Post Office Box 539 Winter Park , Florida 32789 George E. Hollis Branch Manager National Advertising Company Post Office Box 23208 Tampa, Florida 33622 Mr. Frank Whitesell Post Office Box 1089 Lake City, Florida 32055 Mr. O. E. Black, Administrator Outdoor Advertising Florida Department of Transportation Haydon Burns Building Tallahassee, Florida 32304
