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.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 3, 2019.
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
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
Counsels
-
Elizabeth Somerstein Adler, Esquire
Address of Record -
Kimberly Clark Menchion, Assistant General Counsel
Address of Record -
Glenn N. Smith, Esquire
Address of Record