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Home » Cases Under Administrative Hearing » 16-002037

16-002037 Lamar Advertising, Llc vs. Department Of Transportation
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 16, 2016.

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1STATE OF FLORIDA STATE OF FLORIDA

7DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION

13Haydon Burns Building Haydon Burns Building

19605 Suwannee Street 605 Suwannee Street

25Tallahassee, Florida Tallahassee, Florida

29LAMAR ADVERTISING COMPANY, LAMAR ADVERTISING COMPANY,

35DOAH CASE NO. 16-2037 DOAH CASE NO. 16-2037

43Petitioner, Petitioner, DOT CASE NO. DOT CASE NO. 16-017 16-017

53vs. vs.

55DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF TRANSPORTATION,

61Respondent. Respondent.

63FINAL ORDER FINAL ORDER

67This proceeding was initiated by a Request for Administrative Hearing filed on March 8, This proceeding was initiated by a Request for Administrative Hearing filed on March 8,

952016, by Petitioner, Lamar Advertising Company ("Lamar"). The Request was filed in response 2016, by Petitioner, Lamar Advertising Company ("Lamar"). The Request was filed in response

125to a Notice of Denied Outdoor Advertising Permit Application regarding Application Nos. to a Notice of Denied Outdoor Advertising Permit Application regarding Application Nos.

1496191 6191 4 4 / / 6 6 1915, issued by Respondent, Florida Department of Transportation ("Department"), on 1915, issued by Respondent, Florida Department of Transportation ("Department"), on

181January 28, 2016. On April 13, 2016, the Department referred the matter to the Division of January 28, 2016. On April 13, 2016, the Department referred the matter to the Division of

213Administrative 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

245Stipulation of Settlement resolving all issues. Stipulation of Settlement resolving all issues.

257FINDINGS OF FACT FINDINGS OF FACT

2631. 1. Lamar operates a v-shaped outdoor advertising sign located on Parcel No. Lamar operates a v-shaped outdoor advertising sign located on Parcel No.

287071S301011000000, at approximately 800 East Nine Mile Road in Escambia County, bearing 071S301011000000, at approximately 800 East Nine Mile Road in Escambia County, bearing

311permit tag numbers CE570 and CE571 (the "Current Sign"). The Current Sign is situated in a permit tag numbers CE570 and CE571 (the "Current Sign"). The Current Sign is situated in a

345flooded swale, such that the sign is partially submerged and is only accessible by a small catwalk. flooded swale, such that the sign is partially submerged and is only accessible by a small catwalk.

3792. A subsidiary of Lamar, TLC Properties, Inc., holds an easement over parcels

392071 S301011000000 and 071S301011 000001 for the construction and maintcoance of an outdoor

405advertising sign.

4073. On December 30,2015, Lamar submitted Outdoor Advertising Sign Application

418Nos. 61914/61915 for a sign proposed to be located approximately 150 feet to the west of the

435Current Sign, on Parcel No. 071S301011000001 (the "Proposed Sign"). On January 28,2016,

449the Department issued Lamar a Notice of Denied Outdoor Advertising Permit Application

461regarding Application Nos. 61914/61915 (the "Denial").

4684. On March 8, 2016, the Department received a Request for Administrative Hearing

481regarding the Denial. This Request was assigned DOT Case No. 16-017.

4925. On April 13, 2016, the Department referred the matter to the Division of

506Administrative Hearings ("DOAH"), where it was assigned DOAH Case No. 16-2037.

5196. On May 13, 2016, the Department issued outdoor advertising permit tag numbers

532CJ911 and CJ912 fbr the Proposed Sign (the "New Tags").

5437. Prior to hearing, the Department and Lamar entered into the attached Stipulation of

557Settlement to resolve this matter.

5628. By executing the Stipulation of Settlement, Lamar has withdrawn its hearing

574request.

575CONCLUSIONS OF LAW

578A On May 16, 2016, DOAH closed DOAH Case No. 16-2037 and relinquished

591jurisdiction to the Department.

595Page 2 of 4

599B. The Depar1ment has jurisdiction over the subject matter of and the parties to this

614proceeding pursuant to chapters 120 and 479, Florida Statutes, and chapters 14-10 and 28-106,

628Florida Administrative Code.

631ORDER

632Based on the above Findings of Fact and Conclusions of Law, it is

645ORDERED that the attached Stipulation of Settlement is approved. It is further

657ORDERED that within 60 days after the Department's cancelation of permit tag numbers

670CE570 and CE57l, Lamar Advertising Company shall remove the Current Sign, or cause the

684Current Sign to be removed, at no cost to the Depar1ment. It is further

698ORDERED that if the Current Sign is not removed within 60 days after cancelation of

713permit tag numbers CE570 and CE571, the Department shall remove the Current Sign without

727further notice and assess all costs of removal against Lamar Advertising Company, pursuant to

741section 479.105, Florida Statutes. It is further

748ORDERED tl1at if the Proposed Sign is not completely erected by February 7, 2017, tl1e

763New Tags shall be void. It is further

771ORDERED that the Request for Administrative Hearing filed by Lamar Advertising

782Company is DISMISSED.

785DONE and ORDERED this day of May, 2016. "" =

794p

795et:> C:)

797:--'

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799Seer ary 9.>

802Depar1ment of Transportation .s:- 0

807Haydon Bums Building

810605 Suwannee Street

813Tallahassee, Florida 32399

816Page 3 of4

819NOTICE OF RIGHT TO APPEAL

824THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND 1\\lAY BE APPEALED

834BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES

8459.110 Al'o'D 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A

856NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110(d),

866FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE

875DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING

884FEE, AND \\VITH THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS,

893HAYDON BURl'\\IS BUILDING, 605 SUWANNEE STREET, M.S. 58, TALLAHASSEE,

902FLORIDA 32399-0458, WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

913Copies fumished to:

916AUSTIN HENSEL

918Assistant General Counsel

921Department of Transportation

924Haydon Burns Building

927605 Suwmmee Street, M.S. 58

932Tallahassee, Florida 32399-0458

935MICHAEL GREEN

937Supervisor, Regulatory Office Operations

941Department of Transportation

944Haydon Bums Building

947605 Suwannee Street, M.S. 22

952Tallahassee, Florida 32399-0422

955ASHLEY LUKIS

957Gray Robinson, P.A

960Suite 600

962301 South Bronough Street

966Tallahassee, Florida 32301

969JASON UNGER

971Gray Robinson, P.A.

974Suite 600

976301 South Bronough Street

980Tallahassee, Florida 32301

983Pagc4 of4

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/27/2016
Proceedings: Stipulation of Settlement filed.
PDF:
Date: 07/27/2016
Proceedings: Agency Final Order filed.
PDF:
Date: 05/18/2016
Proceedings: Agency Final Order
PDF:
Date: 05/16/2016
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 05/12/2016
Proceedings: Department of Transportation's Motion to Cancel Hearing and Relinquish Jurisdiction filed.
PDF:
Date: 04/29/2016
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/29/2016
Proceedings: Notice of Hearing (hearing set for July 12 and 13, 2016; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 04/28/2016
Proceedings: Notice of Appearance (D. Jackson) filed.
PDF:
Date: 04/27/2016
Proceedings: Amended Joint Response to the Division's Initial Order filed.
PDF:
Date: 04/21/2016
Proceedings: Joint Response to the Division's Initial Order filed.
PDF:
Date: 04/14/2016
Proceedings: Initial Order.
PDF:
Date: 04/14/2016
Proceedings: Department's Notice of Serving Discovery Requests filed.
PDF:
Date: 04/13/2016
Proceedings: Notice of Denied Outdoor Advertising Permit Application filed.
PDF:
Date: 04/13/2016
Proceedings: Petition for Formal Administrative Proceeding filed.
PDF:
Date: 04/13/2016
Proceedings: Agency referral filed.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
04/13/2016
Date Assignment:
04/14/2016
Last Docket Entry:
07/27/2016
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

Counsels

Related DOAH Cases(s) (2):

Related Florida Statute(s) (2):