16-000522 Dallas Council, D/B/A Aamco Transmissions Of Venice vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 29, 2016.

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Haydon Bums Building

605 Suwannee Street

Tallahassee, Florida

DALLAS COUNCIL, d/b/a AAMCO

TRANSMISSION OF VENICE,

DOAH CASE NO. 16-0522

Petitioner, DOT CASE NO. 15-041

vs.

DEPARTMENT OF TRANSPORTATION,

Respondent.

FINAL ORDER

This proceeding was initiated by a request for administrative hearing filed on May 15,

2015, by Petitioner, Dallas Council, d/b/a AAMCO Transmission of Venice (AAMCO). The

request was filed in response to the Department denying AAMCO's request for additional

relocation benefits.

FINDINGS OF FACT

1. On April 21, 2015, the Department notified AAMCO that its appeal for additional

relocation benefits were denied due to requesting claims that exceeded the maximum for re-

establishment expenses, requesting ineligible moving expenses, and failure to provide proof of

payment.

2. On May 15, 2015, the Department received a Request for Administrative Hearing

from AAMCO, alleging that AAMCO's expenses had not exceeded the maximum for re-

establishment expenses and that its moving expenses are eligible and should be reimbursed. This

request was given FDOT Case No. 15-041.

3. AAMCO's claims was for $25,000.00 in additional re-establishment expenses and

$449,802.69 in additional moving expenses associated with the acquisition of a parcel off of US 41

Bypass South, in Venice, Florida, in which AAMCO was a tenant and was required to move.

4. This matter was referred to the Division of Administrative Hearings (DOAH) on

January 29,2016, and the matter was assigned DOAH Case No. 16-0522.

5. Prior to the matter being heard by the Administrative Law Judge, the parties agreed

to resolve the matter on mutually agreeable terms. On June 28, 2016, DOAH issued an Order Closing

the file and relinquishing jurisdiction to the Department.

6. The Department and AAMCO have agreed to amicably resolve all pending matters

without the necessity of an administrative hearing under the terms set forth in this Stipulation.

CONCLUSIONS OF LAW

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

pursuant to Chapter 120 and Section 421.55, Florida Statutes, and Chapter 28-106, Florida

Administrative Code.

ORDER

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

ORDERED that the Department agrees to pay AAMCO a total amount of $58,095.67 in

relocation benefits which resolves any and all outstanding claims for relocation expenses related to

the move from the property with an address of252 US 41 Bypass South, Venice, Florida 34285, in

which AAMCO was a tenant when it was acquired by the Department in 2013. It is further

ORDERED that the request for administrative hearing, as filed by AAMCO on May 15, 2015,

is DISMISSED.

DONE and ORDERED thi?fay of August, 2016. .....

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Seer ry -.1 ..._,

Department of Transportation -o 3

Haydon Burns Building ry

605 Suwannee Street .r.-

Tallahassee, Florida 32399 ""

NOTICE OF RIGHT TO APPEAL

THIS ORDER FINAL AGENCY ACTION AND MAY BE APPEALED

PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.ll0 AND 9.190,

FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE OF APPEAL

CONFORMING TO THE REQUIREMENTS OF RULE 9.110(d), !;"LORIDA 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:

KIMBERLY C. MENCHION, Esquire

Assistant General Counsel

Department of Transportation

Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458

ROBERT E. Kl'liJIGHT

Office of Right of Way, Manager of Relocation Assistance

Department of Transportation

Haydon Burns Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0422

JEFFREY A. BOONE, Esquire

I 00 I A venida Del Circo

Post Office Box 1596

Venice, Florida 34284-1596

E-Mail: jboonerd'boone-law.com