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18-004979 Lamar Central Outdoor, Llc, D/B/A Lamar Outdoor Advertising Of Ocala vs. Department Of Transportation
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 20, 2018.

View Dockets  

1STATE OF FLORIDA

4DEPARTMENT OF TRANSPORTATION

7Haydon Burns Building

10605 Suwannee Street

13Tallahassee, Florida

15LAMAR CENTRAL OUTDOOR, LLC,

19D/B/A LAMAR OUTDOOR ADVERTISING

23OF OCALA,

25Petitioner,

26DOAH CASE NO.: 18-4979

30vs. DOT CASE NO.: 17-065

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 Administrative Hearing. The

67request was filed in response to a Notice of Intent to Revoke Sign Permit for Violation (Notice),

84issued by Respondent, Florida Department of Transportation (Department). On December 1,

952017, the Department issued an amended Notice. On September 17, 2018, this matter was referred

110to the Florida Division of Administrative Hearings (DOAH), and a hearing was scheduled for

124January 15, 2019. On December 17, 2018, the parties entered into the attached Stipulation of

139Settlement, resolving all issues. A Joint Motion to Relinquish Jurisdiction was filed with DOAH

153on December 19, 2018, and on December 20, 2018, the Order was granted relinquishing

167jurisdiction to the Department.

171FINDINGS OF FACT

1741 On September 29, 2017, the Department issued Lamar a Notice of Intent to

188Revoke Sign Permit for Violation (Notice Number 54779) regarding an outdoor advertising permit

201number 2120, tag number BS025, for a nonconforming sign had been disassembled or no longer

216erect andre-erected at the same location in Columbia County, adjacent to 1-10, and is deemed

231abandoned or discontinued, pursuant to rule 14-10.007(5)(a), Florida Administrative Code.

2412. On November 7, 2017, the Department received a Request for Administrative

253Hearing challenging the Department's Notice. The Request was assigned DOT Case No. 17-065.

2663. On December 1, 2017, the Department issued an Amended Notice. In addition, the

280Department asserts that documentation shows that the Sign has new materials and was rebuilt

294resulting in the Sign no longer being substantially the same.

3044. On September 17, 2018, the matter was referred to the Florida Division of

318Administrative Hearings and a hearing was scheduled for January 15, 2019.

3295. The Department and Lamar have agreed to amicably resolve the issue without the

343necessity of a hearing, under the terms set forth in the Stipulation of Settlement.

357CONCLUSIONS OF LAW

360The Department has jurisdiction over the subject matter of and the parties to this

374proceeding pursuant to Chapters 120 and 4 79, Florida Statutes, and Chapters 14-10 and 28-106,

389Florida Administrative Code.

392ORDER

393Based on the foregoing Findings of Fact and Conclusions of Law, it is

406ORDERED that Lamar may continue to maintain the sign until June 30,2019, and agrees

421to remove the sign at its own expense. It is further

432ORDERED that if Lamar does not remove the sign by June 30, 2019, the Department will

448remove the sign and will assess all costs of removal against Lamar Central Outdoor, LLC, d/b/a

464Lamar Outdoor Advertising of Ocala pursuant to section 479.10, Florida Statutes. It is further

478ORDERED that the attached Stipulation of Settlement is incorporated into this Order by

491reference. It is further

495ORDERED that Lamar Central Outdoor, LLC, d/b/a Lamar Outdoor Advertising of

506Ocala's request for administration hearing is DISMISSED.

513DONE AND ORDERED this ( g day of January, 2019 .

524Interim Secretary ;tllo c...;

528Department of Transportation z

532Haydon Bums Building ao

536605 Suwannee Street

539Tallahassee, Florida 32399

542NOTICE OF RIGHT TO APPEAL

547THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

556APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,

566AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY

577FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE

5889.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE

597APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE

605APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY

615PROCEEDINGS, HAYDON BURNS BUILDING, 605 SU\\VANNEE STREET, M.S. 58,

624TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS

634ORDER.

635Copies furnished to:

638Kimberly C. Menchion, Esquire

642Assistant General Counsel

645Department of Transportation

648Haydon Burns Building

651605 Suwannee Street, M.S. 58

656Tallahassee, Florida 32399

659Michael Green

661Outdoor Advertising Administrator

664Department of Transportation

667605 Suwannee Street, M.S. 22

672Tallahassee, Florida 32399-0450

675Wendi Loup, Esquire

678Assistant General Counsel

681Lamar Outdoor Advertising

6845321 Corporate Boulevard

687Baton Rouge, Louisiana 70808

691Daniel J. Parsons

694Lamar Outdoor Advertising

6972065 Northwest 57th Street

701Ocala, Florida 34475

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 02/14/2019
Proceedings: Stipulation of Settlement filed.
PDF:
Date: 02/14/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 01/18/2019
Proceedings: Agency Final Order
PDF:
Date: 12/20/2018
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/19/2018
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 11/07/2018
Proceedings: Order Rescheduling Hearing (hearing set for January 15, 2019; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 11/07/2018
Proceedings: Notice of Service of Department's First Request for Production of Documents filed.
PDF:
Date: 10/31/2018
Proceedings: Status Report filed.
PDF:
Date: 10/25/2018
Proceedings: Order Granting Continuance (parties to advise status by November 1, 2018).
PDF:
Date: 10/24/2018
Proceedings: Motion for Continuance filed.
PDF:
Date: 09/25/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/25/2018
Proceedings: Notice of Hearing (hearing set for November 16, 2018; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 09/21/2018
Proceedings: Response to the Court's Initial Order filed.
PDF:
Date: 09/18/2018
Proceedings: Initial Order.
PDF:
Date: 09/17/2018
Proceedings: Amended Notice of Intent to Revoke Sign Permit for Violation filed.
PDF:
Date: 09/17/2018
Proceedings: Notice of Intent to Revoke Sign Permit for Violation filed.
PDF:
Date: 09/17/2018
Proceedings: Request for Formal Administrative Hearing filed.
PDF:
Date: 09/17/2018
Proceedings: Agency referral filed.

Case Information

Judge:
YOLONDA Y. GREEN
Date Filed:
09/17/2018
Date Assignment:
09/18/2018
Last Docket Entry:
02/14/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):

Related Florida Rule(s) (1):