17-006098 Fibernet Direct Florida, Llc vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 27, 2017.

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida

FIBERNET DIRECT FLORIDA, LLC,

Petitioner,

vs. DOT CASE No.: 17-051

DOAH CASE No.: 17-6098

DEPARTMENT OF TRANSPORTATION,

Respondent.

FINAL ORDER

On August 8, 2017, the Department of Transportation (hereinafter "Department") issued a

Notice of Violation for utility permit No. 2016-H-491-272 and a Cease and Desist Order for Utility

Permits Nos. 2016-H-491-272, 2016-H-491-305, and 2016-H-491-320 to Petitioner, Fibernet

Direct Florida, LLC. f/k/a FPL Fibernet, LLC, (hereinafter "Fibernet"). On September 13, 2017,

Fibernet filed a request for administrative hearing with the agency clerk. The Department and

Fibernet subsequently agreed to reinstatement of the permits and on February 19, 2018 entered

into a Stipulation of Settlement.

FINDINGS OF FACT

1. In October and November 2016, Fibernet received Utility Permit numbers 2016-H-491-

272, 2016-H-491-305 and 2016-H-491-320 for the installation of conduits within Interstate 75

right-of-way in Broward County.

2. On August 8, 2017, the Department issued a Notice of Violation for permit 2016-

H-491-272 (erroneously referred to in the notice letter as 2017-H-491-272) and a Cease and Desist

Order regarding permits nos. 2016-H-491-272, 2016-H-491-305, and 2016-H-491-320 alleging

work was performed on July 22, 2017 without proper coordination with the Project Team and the

Contractor, and without an approved Utility Work Schedule.

3. On September 13, 2017, Fibemet filed a Request for Administrative Hearing,

indicating the Utility Work Schedule was not submitted because Ranger Construction was

conducting work in the same area and would not agree to Fibemet's Utility Work Schedule without

an unreasonable indemnification agreement.

4. The matter was referred to the Division of Administrative Hearings and a hearing

was scheduled for January 11 and 12, 2018. Ranger Construction substantially completed its work

on the segment of Interstate 75 listed in the Fibemet permits by the end of 2017, and the parties

agreed the matter could be resolved without an administrative hearing. On December 27, 2017,

the Division of Administrative Hearing closed its file and relinquished jurisdiction to the

Department.

5. The parties entered into the attached Stipulation of Settlement on February 19, 2018.

Specifically, the subject permits will be reinstated, Fibemet will submit Utility Work Schedules

directly to the District Four Utility Office, and the Department will not require the agreement or

concurrence of Ranger Construction for approval of the Utility Work Schedules.

CONCLUSIONS OF LAW

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

proceeding pursuant to Sections 120.569 and 337.401, Florida Statutes.

ORDER

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

ORDERED that the attached Stipulation of Settlement is approved and adopted as if fully

set forth herein. It is further

ORDERED that the request for an administrative hearing filed by Fibemet on

September 13, 201 7, is dismissed.

DONE AND ORDERED this 21-*day of February 2018.

MIKEDEW co-o

Secretary ...., N p !='

Department ofTransportation ..,

Haydon Bums Building :X ('") r-

605 Suwannee Street Cfl CJI:X

Tallahassee, Florida 32399 en

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

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

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

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:

Susan Schwartz, Esquire

Assistant General Counsel

Department of Transportation

605 Suwannee Street

Tallahassee, Florida 32399

Susan.schwartz @ dot.state.fl.us

Thomas Bane, State Utility Engineer

Department ofTransportation

605 Suwannee Street

Tallahassee, Florida 32399

Thomas. bane @ dot.state. fl. us

Morteza Alian, District 4 Maintenance Engineer

3400 West Commercial Boulevard

Ft. Lauderdale, Florida 33309

Morteza.alian @ dot.state.fl.us

Jesse Diner, Esq.

Counsel for Fibemet Direct Florida

Buchanan Ingersoll & Rooney, P.C.

401 East Las Olas Blvd, Suite 2250

Fort Lauderdale, Fl 33301

J esse.diner @ bi p c.com