15-006135 Twin Lakes Camp Resort vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 29, 2015.

STATE OF FLORIDA STATE OF FLORIDA STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION

Haydon Burns Building Haydon Burns Building Haydon Burns Building

605 Suwannee Street 605 Suwannee Street 605 Suwannee Street

Tallahassee, Florida Tallahassee, Florida Tallahassee, Florida

TWIN LAKES CAMP RESORT, TWIN LAKES CAMP RESORT, TWIN LAKES CAMP RESORT,

Petitioner, Petitioner, Petitioner, DOAH CASE NO.: 15-6135 DOAH CASE NO.: 15-6135 DOAH CASE NO.: 15-6135

DOT CASE NO.: 15-051 DOT CASE NO.: 15-051 DOT CASE NO.: 15-051

vs. vs. vs.

DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF TRANSPORTATION,

Respondent. Respondent. Respondent.

FINAL ORDER FINAL ORDER FINAL ORDER

This proceeding was initiated by a Request for Administrative Hearing filed on June 11, This proceeding was initiated by a Request for Administrative Hearing filed on June 11, This proceeding was initiated by a Request for Administrative Hearing filed on June 11,

2015, by Petitioner, Twin Lakes Camp Resort ("Twin Lakes"). The Request was filed in response 2015, by Petitioner, Twin Lakes Camp Resort ("Twin Lakes"). The Request was filed in response 2015, by Petitioner, Twin Lakes Camp Resort ("Twin Lakes"). The Request was filed in response

to a Notice of Violation - Illegally Erected Sign (Notice No. 1606), issued by Respondent, Florida to a Notice of Violation - Illegally Erected Sign (Notice No. 1606), issued by Respondent, Florida to a Notice of Violation - Illegally Erected Sign (Notice No. 1606), issued by Respondent, Florida

Department of Transportation ("Department"), on June 3, 2015, and a Notice of Denied Outdoor Department of Transportation ("Department"), on June 3, 2015, and a Notice of Denied Outdoor Department of Transportation ("Department"), on June 3, 2015, and a Notice of Denied Outdoor

Advertising Permit Application (Application Nos. 61499/61500), issued by the Department on Advertising Permit Application (Application Nos. 61499/61500), issued by the Department on Advertising Permit Application (Application Nos. 61499/61500), issued by the Department on

June 4, 2015. On October 30, 2015, the Department referred the matter to the Division of June 4, 2015. On October 30, 2015, the Department referred the matter to the Division of June 4, 2015. On October 30, 2015, the Department referred the matter to the Division of

Administrative Hearings ("DOAH"). Before the matter could be heard, the parties entered into a Administrative Hearings ("DOAH"). Before the matter could be heard, the parties entered into a Administrative Hearings ("DOAH"). Before the matter could be heard, the parties entered into a

Stipulation of Settlement resolving all issues. Stipulation of Settlement resolving all issues. Stipulation of Settlement resolving all issues.

FINDINGS OF FACT FINDINGS OF FACT FINDINGS OF FACT

1. 1. 1. Twin Lakes operates a business at 580 Holley King Road, Defuniak Springs, FL Twin Lakes operates a business at 580 Holley King Road, Defuniak Springs, FL Twin Lakes operates a business at 580 Holley King Road, Defuniak Springs, FL

32433. This business is located outside an incorporated area and is not visible from the road 32433. This business is located outside an incorporated area and is not visible from the road 32433. This business is located outside an incorporated area and is not visible from the road

junction with the State Highway System. junction with the State Highway System. junction with the State Highway System.

2. On April!, 2015, the Department issued Twin Lakes a LetterofConcem

(Tracking No. 7136) regarding an outdoor advertising sign (the "Sign") owned by Twin Lakes,

located on SR 167 (RCI Section 60060000) in Walton County, Flmida. The Letter ofConeem

stated that the Sign did not possess the required Department permit and provided Twin Lakes

with 30 days to bring the Sign into compliance.

3. On May 11, 2015, Twin Lakes filed an Application for Outdoor Advertising

Permit with the Depattment regarding the Sign. On June 4, 2015, the Department issued Twin

Lakes a Notice of Denied Outdoor Advertising Permit Application (the "Denial"), as the Sign is

less than 15 feet off the state right-of-way, the location is not permittable under land use

designations, and as no stake/markings were found in the location specified in the application.

4. On June 3, 2015, the Department issued Twin Lakes a Notice of Violation-

Illegally Erected Sign (Notice No. 1606; the "Notice") regarding the Sign. The Sign had not

been issued the required permit and is in violation of seetion479.105, Florida Statutes. The

Notice directed that the Sign be removed within 30 days.

5. On June 11,2015, the Department received a Request for Administrative Hearing

regarding the Denial and Notice, alleging grounds on which the Sign should be issued a

Department permit and not be removed. This Request was assigned DOT Case No. 15-051.

6. On July 6, 2015 the Department referred DOT Case No. 15-051 to the Division of

Administrative Hearings ("DOAH") to arrange a fonnal administrative hearing. This matter was

assigned DOAH Case No. 15-6135.

7. Prior to hearing, the Department and Twin Lakes entered into the attached

Stipulation of Settlement to resolve this matter.

Page 2 of5

8. By executing the Stipulation of Settlement, Twin Lakes has withdrawn its hearing

request.

CONCLUSIONS OF LAW

A. On December 29, 2015, DOAH closed DOAH. Case No. 15-6135 and relinquished

jurisdiction to the Department.

B. 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 14-10 and 28-106,

Florida Administrative Code.

ORDER

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

ORDERED that the attached Stipulation of Settlement is approved. It is further

ORDERED that no later than February 29,2016, Twin Lakes Camp Resort shall remove

the Sign, or cause the Sign to be removed, at no cost to the Department. It is further

ORDERED that if the Sign is not removed by February 29, 2016, the Department will

remove the Sign and assess all costs of removal against Twin Lakes Camp Resort, pursuant to

section 479.105, Florida Statutes. It is further

ORDERED that following removal of the Sign, Twin Lakes Camp Resort may erect a sign

in accordance with section 479.16, Florida Statutes (a "Directional Sign"). As provided in section

479.16, Florida Statutes, such a Directional Sign must comply with the requirements of section

4 79 .II ( 4)-(8), Florida Statutes, including the requirement that the Directional Sign not be located

on the Department right-ot:way. It is further

Page 3 ofS

ORDERED that the Request for Administrative Hearing filed by Twin Lakes Camp Resort

is DISMISSED.

DONE and ORDERED this of January, 2016.

Secretary

Department of Transportation

Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399

Page 4 of5

NOTICE OF RIGHT TO APPEAL

TIUS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED

BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATlJTES, 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 APPROPRLHE

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 THIRTY (30) DAYS OF RENDITION OF TillS ORDER.

Copies furnished to:

Austin Hensel

Assistant General Counsel

Department of Transportation

Haydon Bums Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458

Michael Green

State Outdoor Advertising Administrator

Department of Transportation

Haydon Bums Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0422

Robert E. McGill, III

Counsel for Petitioner

Robert E. McGill, III, P .A.

36008 Emerald Coast Parkway, Suite 301

Destin, FL 33408

Page 5 of5