18-005912 Outfront Media, Llc vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, January 18, 2019.

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida

OUTFRONT MEDIA, LLC,

Petitioner,

DOAH CASE NO.: 18-5912

vs. DOT CASE NO.: 17-074

DEPARTMENT OF TRANSPORTATION,

Respondent.

FINAL ORDER

On November 9, 2017, Outfront Media, LLC (Outfront), initiated this proceeding by filing

a Request for Administrative Hearing. The request was filed in response to a Notice of Intent to

Revoke Sign Permit for Violation (Notice), issued by Respondent, Florida Department of

Transportation (Department). On November 28, 2017, the Department issued an amended Notice.

On November 8, 2018, this matter was referred to the Florida Division of Administrative Hearings

and a hearing was scheduled for February 4, 2019. On January 16, 2019, the parties entered into

the attached Stipulation of Settlement, resolving all issues. A Joint Motion to Relinquish

Jurisdiction was filed on January 17, 2019, and on January 18, 2019, the Order was granted

relinquishing jurisdiction to the Department.

FINDINGS OF FACT

1. On September 29, 2017, the Department issued Outfront a Notice of Intent to

Revoke Sign Permit for Violation (Notice Number 54755) regarding an outdoor advertising permit

number 3691, tag number BD018, for a nonconforming sign that had been disassembled or no

longer erect and re -erected at the same location in Volusia County, adjacent to 1-95, and is deemed

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

2. On November 9, 2017, the Department received a Request for Administrative

Hearing challenging the Department's Notice. The Request was assigned DOT Case No. 17-074 .

3. On November 28, 2017, the Department issued an Amended Notice. In addition,

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

resulting in the Sign no longer being substantially the same.

4. On November 8, 2018, the matter was referred to the Florida Division of

Administrative Hearings and a hearing was scheduled for February 4, 2019.

5. The Department and Outfront have agreed to amicably resolve the issue without

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

CONCLUSIONS OF LAW

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 14-1 0 and 28-1 06,

Florida Administrative Code.

ORDER

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

ORDERED that Outfront may continue to maintain the sign until June 30, 2019, and

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

ORDERED that ifOutfront does not remove the sign by June 30 2019 , the Department

will remove the sign and will assess all costs of removal against Outfront Media, LLC pursuant to

section 479.10, Florida Statutes. It is further

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

reference. It is further

ORDERED that Outfront Media, LLC's request for administration hearing Is

DISMISSED.

DONE AND ORDERED this £ day of February, 2019.

if'!' • · •

Department of Transportation

Haydon B ums Building

605 Suwannee Street

Tallahassee, Florida 32399

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:

Kimberly C. Menchion, Esquire

Assistant General Counsel

Department of Transportation

Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399

Michael Green

Outdoor Advertising Administrator

Department of Transportation

605 Suwannee Street, M . S. 22

Tallahassee, Florida 32399-0450

Glenn N. Smith, Esquire

Greenspoon Marder

200 East Broward Boulevard

Suite 1800

Fort Lauderdale, Florida 33301

Elizabeth S. Adler, Esquire

Greenspoon Marder

200 East Broward Boulevard

Suite 1800

Fort Lauderdale, Florida 33301