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.
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 21, 2019.
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
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
-
Wendi Loup, Esquire
Address of Record -
David Tropin, Esquire
Address of Record