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LAMAR ADVERTISING COMPANY vs. BILL SALTER ADVERTISING, INC., AND DEPARTMENT OF TRANSPORTATION, 82-003349 (1982)
Division of Administrative Hearings, Florida Number: 82-003349 Latest Update: Jun. 20, 1983

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

Florida Laws (3) 120.57479.07479.15
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DEPARTMENT OF TRANSPORTATION vs. J. B. DAVIS, INC., 84-002015 (1984)
Division of Administrative Hearings, Florida Number: 84-002015 Latest Update: May 21, 1990

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

Florida Laws (3) 120.57479.07479.111
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DEPARTMENT OF TRANSPORTATION vs. HENDERSON SIGNS, 81-000101 (1981)
Division of Administrative Hearings, Florida Number: 81-000101 Latest Update: Dec. 16, 1981

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

Florida Laws (2) 479.01479.07
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DEPARTMENT OF TRANSPORTATION vs NATIONAL ADVERTISING COMPANY, 99-005308 (1999)
Division of Administrative Hearings, Florida Filed:Tampa, Florida Dec. 16, 1999 Number: 99-005308 Latest Update: Oct. 23, 2000

The Issue The three major issues for consideration in this hearing are whether the sign structure in issue has been moved or removed from the location for which it was permitted and improperly re- erected; whether the sign in issue is being operated and maintained without the required proper state permits; and whether the sign in issue is a conforming or nonconforming structure.

Findings Of Fact At all times pertinent to the issues herein, Petitioner, Department of Transportation (Department), was the state agency responsible for the permitting and regulation of advertising signs adjacent to federal-aid primary highways in Florida. Respondent, National Advertising Company, now known as Infinity Outdoor (Infinity), is the owner and operator of the outdoor advertising sign in issue here, which is located near the corner of Hudson Lane and North Dale Mabry Highway in Tampa, Hillsborough County, Florida. The two back-to-back faces of the 1levated sign bear Department permit numbers AF461 and AF462. The sign structure was erected in 1981. It was originally permitted to be located in the south 50 feet of the lot on which it is located, but when erected, was not placed at the permitted site but at a site 17 feet from the north property line of the parcel. The lot on which the sign is erected runs 186.80 feet from north to south along the western lot line. Sometime after being erected, in order to accommodate the replacement of underground storage tanks on the property, and without applying to the Department for a permit to do so, the sign was moved from its then location to the location where it currently stands. To effect the move, the mast upon which the signs are located was cut off near ground level and, through the use of a crane, the entire superstructure, including mast and sign facings, was moved to the current site approximately nine- and-one-half feet to the northwest of the former site. The faces of the sign structure are facing the same way as they did before the move, and are in substantially the same air space. The procedure followed in the movement of this sign structure is consistent with that generally followed and approved by the Department. This change in location resulted in the sign being erected at least 100 feet north of the permitted location in the southern 50 feet of the parcel. It was actually located adjacent to and within 660 feet of the right-of-way of Dale Mabry Highway, a federal-aid primary highway. At the time the sign was erected, existing regulations relating to signs located adjacent to federal-aid primary highways required a minimum of 500 feet spacing between signs. The Department contends that when the sign was constructed in 1981, it did not meet the required 500 foot spacing from the then existing sign to the north. Department records from 1983 show that at the time the instant sign was erected, Infinity's permit application called for it to be erected in the south 50 feet of the property, which would have placed it more than 500 feet from the existing Foster and Kleiser sign to the north. However, the sign was not erected in the south 50 feet of the property but near the north property line, and that location resulted in less than 500 feet separating the subject sign structure and the Foster and Kleiser sign to the north. The Foster and Kleiser sign had not been permitted and was an illegal sign, however. The Department claims that Infinity erected its sign on the northern portion of the property knowing the Foster and Kleiser sign was up, and that Infinity therefore knew that it did not meet spacing requirements. At the time the sign was originally erected, a representative of Infinity wrote to the Department indicating a need to actually erect the sign 150 feet north of the site listed on the permit. No evidence was produced either by Infinity or the Department to indicate whether the request to move the erection site was approved. The permit calls for erection in the southern 50 feet, and when Infinity registered the sign with Hillsborough County in 1984, it cited the location as being in the south 50 feet of the property. Department records from the same period indicate there was no sign within 500 feet to the south at the time the sign in issue was erected. A sign was subsequently erected 497 feet to the south of the instant sign. At the present time it is 505 feet from the closest sign to the south.

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 sign permit numbers AF461 and AF462, and requiring removal of the signs which are located at the corner of North Dale Mabry Highway and Hudson Lane within 30 days of the date of the Final Order. DONE AND ENTERED this 28th day of July, 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) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 2000. COPIES FURNISHED: Jodi B. Jennings, Esquire Kelly A. Bennett, Esquire Department of Transportation Haydon Burns Building 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399-0450 Gerald S. Livingston, Esquire Livingston & Reilly, P.A. Post Office Box 2151 Orlando, Florida 32802-2151 James C. Myers Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399-0450 Pamela Leslie, General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399-0450

Florida Laws (3) 120.57479.01479.02
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DEPARTMENT OF TRANSPORTATION vs. CATALINA HOMES, INC., 84-004405 (1984)
Division of Administrative Hearings, Florida Number: 84-004405 Latest Update: May 17, 1985

Findings Of Fact The Respondent, Catalina Homes, Inc., owns an outdoor advertising sign with two faces which is situated on State Road 50, 2.9 miles west of State Road 435, in Orange County, Florida. This sign faces eastbound and westbound traffic on State Road 50, and the location is not within any city or town. State Road 50 is a federal-aid primary road, and it is open to traffic. The subject sign is visible from the main traveled way of State Road 50. Orange County is a zoned county, and the zoning at the location where the Respondent's sign is situated is agricultural. There are not three business locations within 800 feet of the Respondent's sign and the subject sign is within 660 feet of the right-of-way of State Road 50. The Respondent's sign is approximately 750 feet from a sign which has been permitted to Cashi Signs, Inc. The Cashi sign is located to the east of the Respondent's sign, on the same side of the road. There has been no state sign permit issued for either face of the Respondent's sign.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's two-faced sign situated on State Road 50, 2.9 miles west of State Road 435, facing eastbound and westbound traffic, in Orange County, Florida, be removed. THIS RECOMMENDED ORDER entered this 16th 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 16th day of April, 1985. COPIES FURNISHED: Philip S. Bennett, Esquire Hon. Paul A. Pappas Haydon Burns Bldg., M.S. 58 Secretary Tallahassee, Florida 32301 Department of Transporation Haydon Burns Bldg. Tallahassee, Florida 32301 Mr. Robert A. Bruno Vice-President Catalina Homes, Inc. 1344 West Colonial Drive Orlando, Florida 32804

Florida Laws (5) 120.57479.01479.07479.11479.111
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DEPARTMENT OF TRANSPORTATION vs. MCDONALD`S CORPORATION, 86-002943 (1986)
Division of Administrative Hearings, Florida Number: 86-002943 Latest Update: Feb. 16, 1987

Findings Of Fact The sign in question is located .17 mile east of State Road 46 on the east bound side of Interstate 4 in Seminole County. The sign is a two-sided sign bearing the McDonald's logo and name, mounted on the top of a high monopole located adjacent to the interchange ramp 56 feet from the highway right of way. The sign is visible from the main traveled way of both lanes of the interstate highway. The Respondent, McDonald's, obtained a permit from Seminole County for the erection of the sign but did not apply to the Department for an outdoor advertising permit. The subject sign was noticed for violation on April 15, 1986, for having no State permit, for violating the spacing rules for signs on interstate highways, and for being within 500 feet of a restricted interchange. The McDonald's restaurant, owned by the Respondent and advertised by the subject sign, is located on a 1.6 acre parcel of land with 250 feet of frontage on Heckman Drive and approximately 425 feet deep. Heckman Drive runs north and south parallel to Interstate 4 and intersects State Road 46 east of Interstate 4. From the 1.6 acre parcel of land, a "7" shaped piece of land 10 feet wide runs over 400 feet to the north and approximately 160 feet to the west to a point 56 feet from the right of way of Interstate 4 where the subject sign is erected. The strip of property is not developed and contains no buildings or structures except the subject sign. There is no activity currently at the sign site. A drainage ditch separates the sign from the restaurant and a power line right of way intersects the strip. McDonald's offered a plan to use the connecting property for pedestrian walkway. No contracts were introduced showing any planned development in accordance with the plans presented.

Recommendation Having found that the subject sign is in violation of Section 479.07, Florida Statutes, and fails to qualify for the exemptions of Section 479.16 and may not be permitted because it violates the provisions of Section 479.07(9)(a), Section 479.11, Florida Statutes, and Rule 14-10.09, Florida Administrative Code, it is RECOMMENDED that the Department enter a Final Order directing the Respondent to remove the subject sign and give the Respondent notice that if the sign is not removed within 30 days, the Department will remove the sign and take action to recover the cost of removal from the Respondent. DONE and ORDERED this 16th day of February, 1987, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of February, 1987. COPIES FURNISHED: Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 Jerry B. Smith, Esquire Post Office Box 9166 Coral Springs, Florida 33075 Frederick B. Karl, Jr., Esquire COBB & COLE Post Office Box 191 Daytona Beach, Florida 32015 Kaye Henderson, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 Thomas Bateman, Esquire General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 =================================================================

Florida Laws (8) 120.57120.6835.22479.01479.02479.07479.11479.16
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DEPARTMENT OF TRANSPORTATION vs. J. B. DAVIS, INC., 84-002016 (1984)
Division of Administrative Hearings, Florida Number: 84-002016 Latest Update: May 21, 1990

Findings Of Fact The Respondent, J. B. Davis, Inc., owns an outdoor advertising sign which is situated on the south side of I-10, .14 mile west of C-255, in Madison County, Florida. The sign faces eastbound 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 Transportation.

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, .14 mile west of C-255, facing eastbound 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 Building, Mail Station 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

Florida Laws (4) 120.57479.07479.11479.111
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DEPARTMENT OF TRANSPORTATION vs. BEAVER LAKE CAMPGROUND AND COUNTRY STORE, 84-001437 (1984)
Division of Administrative Hearings, Florida Number: 84-001437 Latest Update: Dec. 10, 1984

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

Florida Laws (4) 120.57479.07479.11479.111
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DEPARTMENT OF TRANSPORTATION vs. LAMAR-CITRUS OUTDOOR ADVERTISING, 77-000851 (1977)
Division of Administrative Hearings, Florida Number: 77-000851 Latest Update: Feb. 03, 1978

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

Florida Laws (2) 479.02479.07
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