19-000697 Outfront Media, Llc vs. Department Of Transportation
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 3, 2019.


View Dockets  

1STATE OF FLORIDA

4DEPARTMENT OF TRANSPORTATION

7Haydon Burns Building

10605 Suwannee Street

13Tallahassee, Florida

15OUTFRONT MEDIA, LLC,

18Petitioner,

19vs. DOAH CASE NO.: 19-0697

24DOT CASE NO.: 17-071

28DEPARTMENT OF TRANSPORTATION,

31Respondent.

32FINAL ORDER

34On November 9, 2017, Outfront Media, LLC (Outfront), initiated this proceeding by filing

47a Request for Administrative Hearing. The request was filed in response to a Notice of Intent to

64Revoke Sign Permit for Violation (Notice), issued by Respondent, Florida Department of

76Transportation (Department), on October 17, 2017. On February 8, 2019, this matter was referred

90to the Florida Division of Administrative Hearings and a hearing was scheduled for April 10, 2019.

106Before the matter could be heard, the parties entered into the attached Stipulation of Settlement,

121resolving all issues.

124FINDINGS OF FACT

1271. On October 17, 2017, the Department issued Outfront a Notice of Intent to

141Revoke Sign Permit for Violation (Notice Number 54814) regarding outdoor advertising permit

153number 3813, tag number BD737, for a nonconforming sign that no longer exists at the permitted

169location in Sumter County, adjacent to 1-75, and is deemed abandoned or discontinued in violation

184of Section 14-10.007(5)(b), Florida Administrative Code.

1902. On November 9, 2017, the Department received a Request for Administrative

202Hearing challenging the Department's Notice. The Request was assigned DOT Case No. 17-071.

2153. On February 8, 2019, the Department referred this matter to the Florida Division of

230Administrative Hearings and a hearing was scheduled for April 10, 2019.

2414. The Department and Outfront have agreed to amicably resolve the issue without

254the necessity of a hearing, under the terms set forth in the Stipulation of Settlement.

269CONCLUSIONS OF LAW

272The Department has jurisdiction over the subject matter of and the parties to this

286proceeding pursuant to Chapters 120 and 4 79, Florida Statutes, and Chapters 14-1 0 and 28-1 06,

303Florida Administrative Code.

306ORDER

307Based on the foregoing Findings ofFact and Conclusions of Law, it is

319ORDERED that Outfront may continue to maintain the sign until December 31, 2019, and

333agrees to remove the sign at its own expense. It is further

345ORDERED that if Outfront does not remove the stgn by December 31, 2019, the

359Department will remove the sign and will assess all costs of removal against Outfront pursuant to

375section 4 79.1 0, Florida Statutes. It is further

384ORDERED that Outfront Media, LLC's request for administration hearing is

394DISMISSED.

395ORDERED that the attached Stipulation of Settlement is incorporated into this Order by

408reference.

409DONE AND ORDERED this of April, 2019.

416Secretary

417Department of Transportation ;s;

421Haydon Bums Building

424605 Suwannee Street -.. .

429Tallahassee, Florida 32399

432NOTICE OF RIGHT TO APPEAL

437THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

446APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,

456AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY

467FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE

4789.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE

487APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE

495APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY

505PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58,

514TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS

524ORDER.

525Copies furnished to:

528Kimberly C. Menchion, Esquire

532Assistant General Counsel

535Department of Transportation

538Haydon Burns Building

541605 Suwannee Street, M.S. 58

546Tallahassee, Florida 32399

549Michael Green

551Outdoor Advertising Administrator

554Department of Transportation

557605 Suwannee Street, M.S. 22

562Tallahassee, Florida 32399-0450

565Elizabeth Adler, Esq.

568Glenn N. Smith, Esq.

572Greenspoon Marder

574200 East Broward Boulevard

578Suite 1800

580Fort Lauderdale, Florida 33301

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/29/2019
Proceedings: Stipulation of Settlement filed.
PDF:
Date: 05/29/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 04/16/2019
Proceedings: Agency Final Order
PDF:
Date: 04/03/2019
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 04/03/2019
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 02/18/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/18/2019
Proceedings: Notice of Hearing (hearing set for April 10, 2019; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 02/15/2019
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 02/08/2019
Proceedings: Initial Order.
PDF:
Date: 02/08/2019
Proceedings: Outdoor Media LLC's Petition for Formal Proceedings filed.
PDF:
Date: 02/08/2019
Proceedings: Notice of Intent to Revoke Sign Permit for Violation filed.
PDF:
Date: 02/08/2019
Proceedings: Agency referral filed.

Case Information

Judge:
HETAL DESAI
Date Filed:
02/08/2019
Date Assignment:
02/08/2019
Last Docket Entry:
05/29/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

Related DOAH Cases(s) (1):

Related Florida Statute(s) (1):

Related Florida Rule(s) (1):