Findings Of Fact Petitioner owns the sign located 186 feet West of Mulberry Point, Citrus County, Florida. Petitioner also owns the property on which the sign is located. The sign advertises a community development which Mr. Infantino is developing. The sign is important to his business. The sign is located on a parcel of real estate adjacent to State Road 44. State Road 44 is a Federal Aid Primary Highway and was a Federal Aid Primary Highway prior to sign's erection. The sign was originally erected in 1980 or 1981. Mr. Infantino had the sign erected by a professional sign company. At that time, the area in which the sign is located was zoned commercial by the county. 1/ No state sign permit was obtained by either Mr. Infantino or the company that erected the sign. Mr. Infantino was not aware of the state sign permit requirement and, therefore, the sign has never been permitted in the nine or ten years of its existence. In 1986, the area in which the sign is located was rezoned by the county. The new designation given by the county to the area was Coastal Lakes - 2, an environmentally sensitive area with a primarily residential use. However, the County allowed the sign to remain as a non-conforming structure. The evidence failed to demonstrate whether there were at least three (3) businesses within 1600 feet of Petitioner's development. Additionally, the evidence did not demonstrate that the surrounding area was primarily commercial in its use or was customarily used in a commercial character. 2/ In 1989, after nine or ten years of the sign's existence, an unnamed DOT inspector discovered the sign involved in this case. The late discovery was never adequately explained at the hearing. However, upon its discovery, the sign was determined not to have a state permit. Mr. Infantino was cited for the violation in a Notice to Show Cause issued by the Department. In response to that Notice, Petitioner filed a permit application with Respondent. The application was reviewed and denied primarily because the area in which the sign was located was not currently zoned commercial.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Petitioner's application for a permit to erect and maintain a sign on State Road 44, on real estate located at Section 8, Township 19, Range 21, Parcel 12200, in Citrus County, Florida, be denied. DONE and ENTERED this 3rd day of February, 1990, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 3rd day of February, 1990.
The Issue The issue in this case is whether Petitioner Lamar Advertising Company-Lakeland (Lamar) rebuilt a billboard that it owns on the Florida Turnpike in violation of the law that limits the rebuilding of nonconforming signs.
Findings Of Fact Lamar is the owner of a billboard which displays outdoor advertising and is located on the Florida Turnpike near State Road 91 in Martin County. It is a "back-to-back" billboard with both north-facing and south-facing advertising. The advertising is permitted by DOT Outdoor Advertising Sign Permits 13882 and 13883, and the billboard bears tag numbers CC087 and CC088. The billboard was first built in 1972 and was acquired by Lamar in 1998. The billboard is 549 feet from the nearest sign to the south and 570 feet from the nearest sign to the north. When the sign was built, there were no minimum spacing requirements applicable to signs on the Florida Turnpike, which was classified by DOT as a secondary roadway. Before 1984, the minimum spacing requirement for "federal-aid primary highways" (primary roadways) was 500 feet. In 1984, Subsection 479.07(9), Florida Statutes, was amended to require a minimum spacing between signs on primary roadways of 1,000 feet. Subsection 479.07(9), Florida Statutes (1984), included a provision that not only grandfathered existing signs on primary roadways that were less than 1,000 feet from other signs, but went further to state that such signs, if conforming before the spacing requirement was changed, would not be construed thereafter as nonconforming. The significance of this provision is that signs on primary roadways that were more than 500 feet, but less than 1,000 feet from other signs in 1984, are not subject to Florida Administrative Code Rule 14-10.007(2), which limits the rebuilding of damaged nonconforming signs. In November 1995, the Florida Turnpike was added to the National Highway System. Thereafter, DOT treated the Florida Turnpike as a primary roadway. The reclassification of the Florida Turnpike from a secondary roadway to a primary roadway was not accomplished through a statute or DOT rule. DOT interprets the grandfathering provision in Subsection 479.07(9), Florida Statutes, to apply only to signs that were on primary roadways in 1984 when the 1,000-foot spacing requirement was established. Because the Florida Turnpike was not a primary roadway in 1984, DOT contends that signs on the Florida Turnpike less than 1,000 feet from other signs are nonconforming signs and are subject to the rebuilding limitations in Florida Administrative Code Rule 14-10.007(2). Hurricane Wilma struck Florida in October 2005. Mark Johnson, DOT's outdoor advertising inspector for the area that includes Martin County, testified that in late October or early November 2005, he saw that Lamar's billboard had been seriously damaged. He testified that he saw "everything down" and "poles splintered." He took photographs and made notes about his inspection of the damage. Mr. Johnson said he sent the photographs and notes from his October 2005 inspection to DOT headquarters in Tallahassee. Without explanation, they were not offered into evidence at the final hearing. Mr. Johnson testified that on December 7, 2007, he saw that the billboard was rebuilt. He inspected the billboard on that date, and he believes that the six poles that support the billboard are new poles. He saw and photographed old sign materials, including at least one pole, on the ground next to the billboard. It cannot be determined from the photograph whether the pole on the ground is splintered. Lamar denies that the billboard was destroyed and then reconstructed between October and December 2005. It presented the testimony of its real estate/leasing manager, David Henry, who stated that the billboard was not destroyed by the hurricane, and none of its six support poles were replaced. Mr. Henry showed that none of the leasing or maintenance records of Lamar indicate that the billboard was rebuilt. Neither party seemed to recognize the significance to this dispute of photographs of the billboard taken in August and November 2005. Petitioner's Exhibit 3I is a September 2, 2005, letter from DOT to Lamar, informing Lamar that the billboard had been without advertising for 10 months and was about to be deemed abandoned. One of the photographs attached to the letter and admitted into evidence as Petitioner's Exhibit 3J was taken on August 31, 2005, two months before Mr. Johnson's first inspection. Petitioner's Exhibit 2, which is some general information about Lamar's sign permits that is accessible from DOT's internet website, includes photographs of the billboard taken on November 19, 2005, just after Mr. Johnson's first inspection. To reconcile Mr. Johnson's testimony with the November 19, 2005, photographs, it would be necessary to find that the photographs depict the billboard very soon after it was rebuilt. However, there are no discernible changes in the main structural elements of the billboard as they appear in the November 2005 photographs from how they appear in the August 2005 photographs. The November photographs do not appear to show a billboard that was just constructed. The old sign materials on the ground that appear in photographs taken by Mr. Johnson on December 7, 2005, would not have been visible to him in October 2005 because of the dense vegetation around the billboard that existed in October 2005. Lamar removed much of that vegetation before Mr. Johnson's December 2005 inspection.1/ The old sign materials could have been there long before October 2005. Lamar removed the advertising sign facings from the billboard when Hurricane Wilma was approaching to avoid damage to the sign facings and billboard and replaced the sign facings before Mr. Johnson's December 2005 inspection. Mr. Johnson appeared to be a credible witness, but he might have been confused by Lamar's temporary removal of the sign facings from the billboard and the clearing of vegetation that exposed old sign materials on the ground next to the billboard. On this record and without Mr. Johnson's October 2005 photographs that purport to show Lamar's billboard to be substantially destroyed, DOT failed to prove that more than 50 percent of the structural materials in the billboard was replaced.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation issue a final order rescinding its Notice of Intent to Revoke Sign Permit regarding Outdoor Advertising Sign Permits 13882 and 13883. DONE AND ENTERED this 8th day of June, 2007, in Tallahassee, Leon County, Florida. BRAM D. E. CANTER 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 8th day of June, 2007.
The Issue Did the Department of Transportation (Department) properly issue the Notice of Denied Application pursuant to Chapter 479, Florida Statutes, and Rule 14-10.004(1)(d), Florida Administrative Code?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The sign structure which is the subject matter of this proceeding was originally erected prior to November 11, 1971, at the intersection of I-75, an interstate highway, and SR 52, in Pasco County, Florida. Both I-75 and SR 52 are roadways under the Department's jurisdiction for purposes of enforcing and regulating outdoor advertising sign structures. The original sign structure had one sign facing which faced north. The interchange of I-75 and SR 53 is located outside of the incorporated area of any town or city. The Federal-State Agreement (Agreement) which provides the Department with the authority to regulate outdoor advertising was adopted in 1972. When the Agreement was adopted, it contained a rule which provided, inter alia, that any sign structure located outside of the incorporated area of any town or city could not be located adjacent to or within 500 feet of a restricted interchange or intersection at grade. That rule has now been codified in Rule 14-10.006(4)(e), Florida Administrative Code. At the time it was given authority to regulate outdoor advertising, the Department took an inventory of all existing sign structures. Those existing sign structures that did not conform to the rules set forth in the Agreement were "grandfathered in" as legally nonconforming signs and allowed to remain at their current locations. National's sign structure, which is the subject matter of this proceeding, contained only one sign facing which faced north. National's sign was "grandfathered in" as a legally nonconforming sign structure. National's sign was nonconforming because it was not located within an incorporated town or city and was located adjacent to or within 500 feet of a restricted interchange. Some time prior to l973, National's sign was issued state permit number 1417-10. In 1973, National's sign permit number was changed to AU061-35 which is the permit number currently assigned to National's sign structure. On July 9, 1998, National submitted an application for an outdoor advertising sign permit for a proposed sign facing, which was to face south, to be constructed on the existing nonconforming sign structure under permit number AU061-35. National's existing permitted sign structure has a sign facing which faces north and is located at the intersection of I-75 and SR 52 in Pasco County, Florida. The addition of a south sign facing to the existing legally nonconforming sign structure would create a back-to-back sign structure. The application as submitted by National was incomplete in that National failed to include in its application proof of local government approval. At the hearing, National produced proof of local government approval for the south side facing requested in the permit application. On July 22, 1998, the Department issued a Notice of Denied Application to National citing the following reasons for the denial: 14E Site is within 500 feet of a restricted interchange or intersection at grade (S. 14- 10.006(1)(b)5., FAC). * * * 14I Other -- No local government approval. The permit application did not include local government approval at the time it was submitted to the Department. However, the Department did not return the permit application as being incomplete. Subsequently, National obtained local government approval. National's existing legally nonconforming sign structure is located within the restricted area of the I-75 and SR 52 interchange in that it is located adjacent to the on-ramp carrying traffic from SR 52 to the southbound lanes of I-75 and is within 500 feet of the interchange.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Transportation enter a final order denying Petitioner's application for a sign permit at the location requested in the permit application previously filed by National. DONE AND ENTERED this _25th_ day of June, 1999, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 _25th_ day of June, 1999. COPIES FURNISHED: Thomas F. Barry, Secretary ATTN: James C. Myers, Clerk of Agency Proceedings Department of Transportation Haydon Burns Building 605 Suwannee Street Mail Station 58 Tallahassee, Florida 32399-0450 Jennifer Sloane, Esquire Livingston and Reilly, P.A. Post Office Box 2151 Orlando, Florida 32802 Andrea V. Nelson, Esquire Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
Findings Of Fact Henderson Signs is a partnership which was initially owned and operated by Ladon Henderson and his wife, Margie Henderson. When Ladon Henderson became inactive, his son, Gene Henderson, became a partner and he now operates the business with Margie Henderson. Henderson Signs has been licensed by the Department of Transportation to engage in the outdoor advertising business since before the year 1976. This license was renewed annually as required, and Henderson Signs now holds Outdoor Advertising License Number 20157 reissued on November 16, 1982. Henderson Signs has operated in Washington, Gadsden and Jackson Counties, but in July of 1981 this business was sold to Tri-State Systems, Inc., and pursuant to the terms of this sale Henderson Signs may not now engage in the outdoor advertising business in these three counties. It may, however, operate elsewhere. Between the years 1978 and 1981 Henderson Signs has received 17 notices of violations from the Department of Transportation charging that signs at 20 locations on Interstate 10 in Jackson County were erected illegally. This resulted in the opening of 22 dockets in the Division of Administrative Hearings to litigate administratively the charges against Henderson Signs. In 14 of these dockets the findings and conclusions resulted in a determination that Henderson was guilty as charged. Some of these guilty findings were appealed to the District Court of Appeals, where they were affirmed on the merits. Some were affirmed by per curiam opinions. Ten other cases have been docketed in this Division involving signs now owned by Tri-State Systems, Inc., pursuant to the sale by Henderson Signs. (This data has been taken from exhibits 1 and 2 offered by the Department.) This evidence demonstrates that the Respondent has repeatedly erected outdoor advertising signs along Inter-state 10 in Jackson County which were found to be illegal signs because of spacing violations, zoning violations, or lack of the required permit authorizing their erection. The legal position of Henderson Signs in many of the cases where administrative hearings were requested subsequent to the service of Notices of Violations, was that no state permits were necessary for varying reasons, one of which was that Interstate 10 had not become a part of the United States Interstate Highway System because it had not been opened to the public. Findings of not guilty were made in one Division of Administrative Hearings docket involving three sign violations, because of a failure of the evidence to prove that Interstate 10 was open to the public. (Data taken from exhibit 2 offered by the Department). The Administrative Procedure Act, Chapter 120, Florida Statutes, affords parties whose substantial interests are affected by actions of Administrative Agencies the right to a hearing to resolve disputed issues. Henderson Signs utilized the provisions of this Act. When the disputes were resolved against the contentions of Henderson Signs, by agency order or by the Court after appeal, it removed the signs that were the subject of these proceedings. The Department of Transportation has never had to remove a Henderson sign for failure of the Respondent to comply with a final order determining it to be illegal. The Respondent contends that a genuine issue existed regarding the necessity of securing a permit prior to the erection of a sign along the site of Interstate 10 in Jackson County, until the time it became a part of the Federal Interstate Highway System by being opened for public traffic. There is no evidence from which a finding of fact can be made as to precisely when Interstate 10 in Jackson County was opened and in use by the public. The formal ceremony opening Interstate 10 was held in November of 1978. During the time between the erection of a sign by the Respondent and the order that it be removed after a determination that it was illegal, Henderson Signs received rental payments from the sign advertiser. Subsequent to July of 1981, when the Respondent sold its sign business in Jackson County, there have not been any notices of violation issued to Henderson Signs by the Department of Transportation.
Recommendation From the foregoing, Findings of Fact and Conclusions of law, it is RECOMMENDED that the Administrative Complaint filed against Henderson Signs be dismissed. THIS RECOMMENDED ORDER entered on this 21 day of July, 1983, 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 21st day of July, 1983. COPIES FURNISHED: Charles G. Gardner, Esquire Haydon Burns Building; M.S . 58 Tallahassee, Florida 32301-8064 Charles M. Wynn, Esquire Post Office Box 793 Marianna, Florida 32446 Paul A. Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
The Issue The issue is whether a billboard structure is in compliance with Chapter 479, Florida Statutes.
Findings Of Fact The Department is the state agency responsible for regulating outdoor advertising signs located within 660 feet of the nearest edge of the State Highway System, interstate, or Federal-Aid Primary system in accordance with Chapter 479, Florida Statutes. Lamar is in the business of providing outdoor signs for entities wishing to advertise. Lamar owns the sign at the northeast corner of the intersection of Betton Road and Thomasville Road in Tallahassee, Leon County, Florida. The sign was built in 1980 and rebuilt in June 1997. The sign has two sides. One side faces Betton Road, and is visible only to persons on Betton Road. The Department does not assert that a permit is required for that side. The other side of the sign, facing to the west, is within 660 feet of Thomasville Road, which is also referred to as State Route 61, and is visible from Thomasville Road. In 1974, State Route 61 was known as U. S. Highway 319. It was a Federal-Aid Primary route. On June 24, 1974, a road denominated Capital Circle located on the outskirts of Tallahassee, was designated U.S. Highway 319. Thomasville Road although no longer a part of U.S. Highway 319, continued to bear the name State Route 61 and remained a Federal-Aid Primary route. In 1983 the Federal Highway Administration listed both Capital Circle and State Route 61 as Federal-Aid Primary routes. In 1991, the Federal Highway Administration created the National Highway System and ceased using Federal-Aid Primary designations. State Route 61, also known as Thomasville Road, nevertheless remained a Federal-Aid Primary road for outdoor advertising classification purposes at all times pertinent to this case. For federal highway identification purposes, the road is currently in the Surface Transportation Program. Prior to May 23, 1996, Lamar held an outdoor advertising permit pursuant to Section 479.07, Florida Statutes, for this sign. The sign was assigned tag number BG 518-35. On May 23, 1996, the Department issued a "Notice of Violation--Signs for Which Permits Have Been Issued," addressing permit number BG 518-35. This notice indicates that it was sent to Lamar via registered mail, return receipt requested. It informed that the sign was in violation of Chapter 479, Florida Statutes, or Florida Administrative Code Chapter 14-10 because the sign: "May not be maintained without permission of the person lawfully controlling site (479.11(9), FS)." On July 31, 1996, in a letter signed by District Outdoor Advertising Manager Vicki L. Davis, the Department notified Lamar that, because the Department had received a statement of loss of landowner's permission for the sign bearing tag number BG 518-35, Lamar was required to remove the sign. The Department included a "certificate of cancellation" with the letter. Lamar admits that it voluntarily canceled its permit for the sign in August 1997. Subsequently, the sign remained with its permit tag attached, unmolested by the Department for approximately 11 years. In January 1997, Lamar acquired a separate monopole structure bearing two signs with tag numbers BN 504 and BN 505. These signs are less than 200 feet to the north of the subject sign. During a 2007 inspection, an agent for the Department observed the subject sign. It still bore tag number BG 518-35. On March 14, 2007, the Department issued the "Notice of Violation-Illegally Erected Sign" addressed above. As noted before, the violation was based on the sign's having no permit.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Transportation enter a final order finding that the sign is a public or private nuisance and requiring that it be removed as provided in Subsection 479.105(1)(a), Florida Statutes, and dismissing case number 08-1137. DONE AND ENTERED this 16th day of July, 2008, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 16th day of July, 2008. COPIES FURNISHED: Gerald S. Livingston, Esquire Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. 215 South Monroe Street, Second Floor Post Office Box 10095 Tallahassee, Florida 32302-2095 Susan Schwartz, Esquire Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450 James C. Myers, Clerk of Agency Proceedings Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450 Alexis M. Yarbrough, General Counsel Department of Transportation Haydon Burns Building, Mail Station 58 605 Suwannee Street Tallahassee, Florida 32399-0450 Stephanie Kopelousos, Secretary Department of Transportation Haydon Burns Building, Mail Station 57 605 Suwannee Street Tallahassee, Florida 32399-0450
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the stipulations of fact entered into by the parties and the entire record compiled herein, I hereby make the following findings of fact: The two signs and four sign faces (hereinafter, the signs) which are the subject of these proceedings are owned by the Respondent and are outdoor advertising signs as defined in Chapter 479, Florida Statutes. One sign is located on U.S. 1, 1.35 miles north of Industrial Road, Big Pine Key (DOAH Case Numbers 86-2294T and 86- 2295T) and the other sign is located on U.S. 1, 1.25 miles north of Industrial Road, Big Pine Key (DOAH Case Numbers 86-2296T and 86-2297T) The Respondent purchased the signs from the Daley Outdoor Advertising Company in 1984. The signs are adjacent to and visible from U.S. 1 in Monroe County. U.S. 1 or State Road 5, is a federal-aid primary highway. U.S. 1 was open for public use at the time the notices of violation were placed on the signs. All of the signs are located within 660 feet of the nearest edge of the right-of-way of U.S. 1, State Road 5. The area in which the signs are located is zoned "GU". Mr. William Kenney is employed as the outdoor advertising administrator for the Department of Transportation, District VI. On May 29, 1986, Mr. Kenney inspected the signs and noticed that neither of the signs had a state outdoor advertising permit tag attached. At that time, Kenney placed a notice of violation on each sign face. After placing the notice of violation stickers on the signs, Kenney examined the Department of Transportation's office records pertaining to outdoor advertising signs and found no evidence of permit tags having ever been issued for the signs.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be issued declaring that the signs involved in these cases are illegal and must be immediately removed. DONE AND ORDERED this 14th day of January, 1987, in Tallahassee, Florida. W. MATTHEW STEVENSON 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 14th day of January, 1987. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building, MS-58 Tallahassee, Florida 32301-8064 Charles C. Papy, III, Esquire 201 Alhambra Circle Coral Gables, Florida 33134 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 A. J. Spalla, General Counsel Department of Transportation 562 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, 1-10, 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 0.8 mile east of State Road 71 on 1-10. This sign was inspected in October, 1980, by an inspector of the Department of Transportation, who observed that the sign's message was visible from the main traveled way of 1-10 and did not bear the permit required by Chapter 479, Florida Statutes. At the time of this inspection, 1-10 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. 81-100T. 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 Ramada Inn was affixed to the poles on November 24, 1977. On August 1, 1980, the sign face was changed to one advertising "Regular diesel this exit." The sign is owned by Henderson Signs, which erected the poles prior to the time 1-10 was opened to the public. The Department introduced DOT Exhibit 3, which shows that the section of 1-10 along which the subject sign is located was opened to the public on October 14, 1977. The Department introduced DOT Exhibit 5, an aerial photograph of the section of 1-10 along which the subject sign is located. This photograph bears the number PD 199 6 and is Sheet 8 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 0.8 mile east of SR 71 on 1-10. 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 November 24, 1977, more than one month after 1-10 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 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
Findings Of Fact The Respondent, Harry Moody Signs, owns a sign which was erected in December of 1981 without a state permit. This sign is located 45 feet from the edge of the pavement or curb line of U.S. 27/301/441, and 32 feet from C-434 (Alternate 441) inside the corporate limits of Belleview, in Marion County, Florida. U.S. 27/301/441 is a federal-aid primary highway open to traffic, and C-484 is a non-controlled road. U.S. 27/301/441 is considered to be a north/ south highway; however, it runs almost east and west in Belleview where it intersects C-484, which runs generally northeast and southwest at the point of intersection. The Respondent's sign is located northeast of U.S. 27/301/441, facing a westerly direction, and is visible to traffic from the southbound lane of this controlled highway. The sign in question is approximately 298 feet from a permitted sign (permit no. 947-6) which is also situated on the northeast side of U.S. 27/301/141. Although the Respondent's witness testified that the sign in question is more parallel to the primary highway than perpendicular to it, and that the permitted sign is perpendicular to this highway, both signs are visible from U.S. 27/301/441, and the copy on the Respondent's sign can be read from a distance of 300 to 400 feet away, at least. The Petitioners witness testified that the Respondent's sign stands at an angle of approximately 45 degrees from the permitted sign, and becomes visible at a distance of 929 feet in the southbound lane of U.S. 27/301/441. Additionally, the subject sign first begins to come into view on Alternate 441 (C-484) at a distance of 470 feet. At a distance of 500 feet on Alternate 441 the sign is not visible because a building located close to the road blocks the view. The measurements of distances on Alternate 441 were made by using a calibrated hand wheel on the side of the road. The distances on U.S. 27/301/441 were measured by using a calibrated electric odometer in an automobile. The Department of Transportation permits, regulates and controls signs within city limits that are adjacent to both controlled roads and non-controlled roads when the signs are visible from the main traveled way of the controlled road (federal-aid primary highway). The Respondent applied for a permit after the sign had been erected, and this application was denied because the Respondent's sign was located 298 feet from a permitted sign, causing a spacing violation. The permitted sign is also owned by the Respondent, and this permitted sign is being used as an on- premise sign. However, the state permit is currently in effect, and the Respondent plans to maintain the sign as a permitted sign. The Respondent receives revenues from rental of the permitted sign, and the Respondent pays the property owner for use of the permitted sign's location.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter its Final Order finding the Respondent's sign which is the subject of this proceeding to be in violation of the applicable statutes and rules, and ordering its removal. THIS RECOMMENDED ORDER entered this the 1st day of November, 1983. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of November, 1983. COPIES FURNISHED: Gerald S Livingston, Esquire Post Office Box 2151 Orlando, Florida 32802 Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building, M.S. 58 Tallahassee, Florida 32301-8064 Paul Pappas, Secretary Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Findings Of Fact On July 24, 1987, a DOT outdoor advertising sign inspector observed a portable sign in front of Respondent's business establishment along U.S. 19 just north of SR 696A. The right-of-way along the west side of U.S. 19 extends 54 feet from the western edge of the pavement of U.S. 19. The sign was located 42 feet from the western edge of the pavement of U.S. 19. Thus the sign was clearly within the right of way. Respondent presented testimony that the widening of U.S. 19 had already led to the taking of half its property including a large sign advertising the business, and the development of sink holes had caused the sign to be moved closer to the highway.
