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19-005496 Outfront Media, Llc vs. Florida Department Of Transportation
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 13, 2019.

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1STATE OF FLORIDA

4DEPARTMENT OF TRANSPORTATION

7Haydon Burns Building

10605 Suwannee Street

13Tallahassee, Florida

15OUTFRONT MEDIA LLC, DOAH CASE NO.: 19-5496

22DOT CASE NO.: 17-078

26Petitioner,

27vs.

28DEPARTMENT OF TRANSPORTATION,

31Respondent.

32FINAL ORDER

34On November 16, 2017, Outfront Media LLC (Outfront) initiated this proceeding by filing

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

65to Revoke Sign Permit for Violation (Notice), issued by Respondent, Florida Department of

78Transportation (Department). On October 14, 2019, this matter was referred to the Florida Division

92of Administrative Hearings. Before the matter could be heard, the parties entered into the attached

107Stipulation of Settlement, resolving all issues.

113FINDINGS OF FACT

1161. On October 12, 2017, the Department issued Outfront a Notice of Intent to

130Revoke Sign Permit for Violation (Notice Number 54796) regarding outdoor advertising permits

14220257 and 20258, CK944 and CK945 (formerly tag numbers CA400 and CH235), for a

156nonconforming sign that was destroyed and rebuilt in violation of Section 14-10.007(5)(a),

168Florida Administrative Code.

1712. On November 16, 2017, the Department received a Request for a Formal

184Administrative Hearing challenging the Department's Notice. The Request was assigned DOT

195Case No. 17-078.

1983 . On October 14, 2019, the Department referred this matter to the Florida Division

213of Administrative Hearings.

2164. On November 7, 2019, the Florida Division of Administrative Hearings set this

229matter for a Final Hearing to take place on December 4, 2019.

2415. 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 479, Florida Statutes, and Chapters 14-10 and 28-106,

300Florida Administrative Code.

303ORDER

304Based on the foregoing Findings ofFact and Conclusions of Law, it is

316ORDERED that Outfront may continue to maintain the sign until April 30, 2020 and

330agrees to remove the sign at its own expense. It is further

342ORDERED that if Outfront does not remove the sign by April 30, 2020, the Department

357will remove the sign and will assess all costs of removal against Outfront pursuant to section

3734 79.1 0, Florida Statutes. It is further

381ORDERED that Outfront's request for an administrative hearing is DISMISSED. It is

393further

394ORDERED that the attached Stipulation of Settlement is incorporated into this Order by

407reference. -:};!>

410DONE AND ORDERED this day ofNovember

416LT, P. E.

419Secretary

420Department ofTransportation

422Haydon Burns Building :z ..a i* '

429605 Suwannee Street 0

433Tallahassee, Florida 32399 N P!

438en •

440::- ::E.

442tt'

443'9 :X

;445s:a

446-

447NOTICE OF RIGHT TO APPEAL

452THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

461APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,

471AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY

482FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE

4939.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE

502APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE

510APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY

520PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58,

529TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS

539ORDER.

540Copies furnished to:

543David Tropin, Esq.

546Assistant General Counsel

549Department of Transportation

552Haydon Bums Building

555605 Suwannee Street , M.S. 58

560Tallahassee, Florida 32399

563Michael Green

565Outdoor Advertising Administrator

568Department ofTransportation

570Haydon Bums Building

573605 Suwannee Street, M.S. 22

578Tallahassee, Florida 32399-0450

581Glenn Smith and Elizabeth Adler

586Greenspoon Marder

588200 East Broward Blvd., Suite 1800

594Fort Lauderdale, FL 33301

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/18/2019
Proceedings: Stipulation of Settlement filed.
PDF:
Date: 12/18/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 11/25/2019
Proceedings: Agency Final Order
PDF:
Date: 11/13/2019
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 11/13/2019
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 11/07/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 11/07/2019
Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 4, 2019; 9:00 a.m.; Marathon and Tallahassee, FL).
PDF:
Date: 10/22/2019
Proceedings: Notice of Transfer.
PDF:
Date: 10/21/2019
Proceedings: Amended Joint Response to the Court's Initial Order filed.
PDF:
Date: 10/21/2019
Proceedings: Unilateral Response to the Court's Initial Order filed.
PDF:
Date: 10/15/2019
Proceedings: Department's First Request for Production of Documents filed.
PDF:
Date: 10/14/2019
Proceedings: Initial Order.
PDF:
Date: 10/14/2019
Proceedings: Outfront Media, LLC's Petition for Formal Proceedings filed.
PDF:
Date: 10/14/2019
Proceedings: Notice of Intent to Revoke Sign Permit for Violation filed.
PDF:
Date: 10/14/2019
Proceedings: Agency referral filed.

Case Information

Judge:
ROBERT S. COHEN
Date Filed:
10/14/2019
Date Assignment:
10/22/2019
Last Docket Entry:
12/18/2019
Location:
Marathon, Florida
District:
Southern
Agency:
Other
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Rule(s) (1):