19-005306 Lamar East Florida vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 16, 2019.

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida

LAMAR EAST FLORIDA, DOAH CASE NO.: 19-5306

DOT CASE NO.: 17-067

Petitioner,

vs.

DEPARTMENT OF TRANSPORTATION,

Respondent.

FINAL ORDER

On November 7, 2017, Lamar East Florida (Lamar), initiated this proceeding by filing a

Request for a Formal Administrative Hearing. The request was filed in response to a Notice of

Intent to Revoke Sign Permit for Violation (Notice), issued by Respondent, Florida Department of

Transportation (Department). On October 7, 2019, this matter was referred to the Florida Division

of Administrative Hearings. Before the matter could be heard, the parties entered into the attached

Stipulation of Settlement, resolving all issues.

FINDINGS OF FACT

1. On October 3, 2017, the Department issued Lamar a Notice of Intent to Revoke

Sign Permit for Violation (Notice Number 54790) regarding outdoor advertising permit 14969,

tag number BQ055, for a nonconforming sign that was destroyed and rebuilt in violation of

Section 14-10.007(4), Florida Administrative Code.

2. On November 7, 2017, the Department received a Request for a Formal

Administrative Hearing challenging the Department's Notice. The Request was assigned DOT

Case No. 17-067.

3. On October 7, 2019, the Department referred this matter to the Florida Division of

Administrative Hearings.

4. The Department and Lamar have agreed to amicably resolve the issue without the

necessity of a hearing, under the terms set forth in the Stipulation of Settlement.

CONCLUSIONS OF LAW

The Department has jurisdiction over the subject matter of and the parties to this

proceeding pursuant to Chapters 120 and 4 79, Florida Statutes, and Chapters 14-1 0 and 28-106,

Florida Administrative Code.

ORDER

Based on the foregoing Findings of Fact and Conclusions of Law, it is

ORDERED that Lamar may continue to maintain the sign until April 9, 2020 and agrees

to remove the sign at its own expense. It is further

ORDERED that if Lamar does not remove the sign by April9, 2020, the Department will

remove the sign and will assess all costs of removal against Lamar pursuant to section 479.10,

Florida Statutes. It is further

ORDERED that Lamar's request for an administrative hearing is DISMISSED. It is

further

ORDERED that the attached Stipulation of Settlement is incorporated into this Order by

reference. J:::h

DONE AND ORDERED this Jir. day of October, 2019 .

Secretary

Department of Transportation

Haydon Bums Building

605 Suwannee Street

Tallahassee, Florida 32399

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,

AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY

FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE

9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE

APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE

APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY

PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58,

TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS

ORDER.

Copies furnished to:

David Tropin, Esq.

Assistant General Counsel

Department ofTransportation

Haydon Bums Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399

Michael Green

Outdoor Advertising Administrator

Department of Transportation

Haydon Bums Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0450

Robert Doan, Esq.

Cobb Cole, P .A.

351 E. New York Avenue

DeLand, Florida 32724