19-005497 Lamar Central Outdoor, Llc, D/B/A Lamar Outdoor Advertising Of Ocala vs. Florida Department Of Transportation
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 21, 2019.


View Dockets  

1STATE OF FLORIDA

4DEPARTMENT OF TRANSPORTATION

7Haydon Burns Building

10605 Suwannee Street

13Tallahassee, Florida

15LAMAR CENTRAL OUTDOOR, LLC d/b/a DOAH CASE NO.: 19-5497

24LAMAR OUTDOOR ADVERTISING OF OCALA, DOT CASE NO.: 17-066

33Petitioner,

34vs.

35DEPARTMENT OF TRANSPORTATION,

38Respondent.

39FINAL ORDER

41On November 7, 2017, Lamar Central Outdoor, LLC d/b/a Lamar Outdoor Advertising of

54Ocala (Lamar), initiated this proceeding by filing a Request for an Administrative Hearing. The

68request was fi led in response to a Notice of Intent to Revoke Sign Permit for Violation (Notice),

86issued by Respondent, Florida Department of Transportation (Department). On October 14, 2019,

98this matter was referred to the Florida Division of Administrative Hearings. Before the matter

112could be heard, the parties entered into the attached Stipulation of Settlement, resolving all issues.

127FINDINGS OF FACT

1301. On September 29, 2017, the Department issued Lamar a Notice of Intent to

144Revoke Sign Permit for Violation (Notice Number 54775) regarding outdoor advertising permit

1561377, tag number BS505, for a nonconforming sign that was destroyed and rebuilt in violation of

172Section 14-10.007(4), Florida Administrative Code.

1772. On November 7, 2017, the Department received a Request for a Formal

190Administrative Hearing challenging the Department's Notice. The Request was assigned DOT

201Case No. 17-066.

2043. On October 14 , 2019 , the Department referred this matter to the Florida Division

218of Administrative Hearings.

2214. The Department and Lamar have agreed to amicably resolve the issue without the

235necessity of a hearing , under the terms set forth in the Stipulation of Settlement.

249CONCLUSIONS OF LAW

252The Department has jurisdiction over · the subject matter of and the parties to this

267proceeding pursuant to Chapters 120 and 479, Florida Statutes, and Chapters 14-10 and 28-106,

281Florida Administrative Code.

284ORDER

285Based on the foregoing Findings ofFact and Conclusions ofLaw, it is

296ORDERED that Lamar may continue to maintain the sign until April 30, 2020 and agrees

311to remove the sign at its own expense. It is further

322ORDERED that if Lamar does not remove the sign by April30, 2020, the Department will

337remove the sign and will assess all costs of removal against Lamar pu r suant to section 4 79.1 0,

357Florida Statutes. It is further

362ORDERED that Lamar's request for an administrative hearing is DISMISSED. It is

374further

375ORDERED that the attached Stipulation of Settlement is incorporated into this O!r,

387reference. ;; nil •

390DONE AND ORDERED day of October, 2019.

397-

398Secretary

399Department ofTransportation

401Haydon Bums Building

404605 Suwannee Street

407Tallahassee, Florida 32399

410NOTICE OF RIGHT TO APPEAL

415THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

424APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,

434AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY

445FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE

4569.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE

465APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE

473APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY

483PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58,

492TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS

502ORDER.

503Copies furnished to:

506David Tropin, Esq.

509Assistant Counsel

511Department of Transportation

514Haydon Bums Building

517605 Suwannee Street, M.S. 58

522Tallahassee, Florida 32399

525Michael Green

527Outdoor Advertising Administrator

530Department of Transportation

533Haydon Bums Building

536605 Suwannee Street, M.S. 22

541Tallahassee, Florida 32399-0450

544Wendi Loup

546Assistant General Counsel

549Lamar Outdoor Advertising

5525321 Corporate Boulevard

555Baton Rouge, LA 70808

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 11/12/2019
Proceedings: Stipulation and Settlement filed.
PDF:
Date: 11/12/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 10/30/2019
Proceedings: Agency Final Order
PDF:
Date: 10/21/2019
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 10/16/2019
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 10/14/2019
Proceedings: Initial Order.
PDF:
Date: 10/14/2019
Proceedings: Request for Formal Administrative Hearing filed.
PDF:
Date: 10/14/2019
Proceedings: Notice of Intent to Revoke Sign Permit for Violation filed.
PDF:
Date: 10/14/2019
Proceedings: Agency referral filed.

Case Information

Judge:
W. DAVID WATKINS
Date Filed:
10/14/2019
Date Assignment:
10/14/2019
Last Docket Entry:
11/12/2019
Location:
Ocala, Florida
District:
Northern
Agency:
Other
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (1):

Related Florida Rule(s) (1):