Ab Cf ) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Haydon Burns Building 605 Suwannee Street Tallahassee, Florida DEPARTMENT OF TRANSPORTATION, tf Petitioner, DOAH CASE NOS.: 00-1569T C 4 00-1568T vs. 00-1567T 00-1570T MIAMI OUTDOOR ADVERTISING, INC., DOTCASENOS.: 00-041 00-042. Respondent. 00-043 00-044. / FINAL ORDER This proceeding was initiated by the filing of four petitions requesting an administrative hearing filed by Petitioner, MIAMI OUTDOOR ADVERTISING, INC. (hereinafter MIAMI OUTDOOR), on March 8, 2000. The requests for hearing were filed in response to four Notices of Violation, issued by Respondent, DEPARTMENT OF TRANSPORTATION (hereinafter DEPARTMENT), on February 10, 2000, advising MIAMI OUTDOOR that its double-faced outdoor advertising sign structures are illegal because they were erected without the necessary state permits, in violation of Section 479.07(1), Florida Statutes, and must be removed. A formal administrative hearing on the consolidated matter was conducted on November 27, 2000, and January 11, 2001, in Tallahassee, Florida, before the Honorable Claude B. Arrington, a duly-designated Administrative Law Judge of the Division of Administrative Hearings (hereinafter DOAH). Appearances on behalf of the parties were as Page 1 of 5 follows: For Petitioner: Jodi B. Jennings, Esquire Assistant General Counsel Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 For Respondent: Gerald S. Livingston, Esquire Livingston and Reilly, P.A. Post Office Box 2151 Orlando, Florida 32802-2151 Eugene A. (Andy) Hancock, Jr., President Miami Outdoor Advertising, Inc. Post Office Box 330097 Miami, Florida 32333-0097 At the hearing, the DEPARTMENT presented the testimony of two witnesses, C. Jean Cann and Lynn Holschuh; MIAMI OUTDOOR presented the testimony of one witness, Eugene A. (Andy) Hancock, Jr. At the hearing Joint Exhibits 1 through 4 and the DEPARTMENT’S Exhibits 1 through 4 were offered and admitted into evidence. The DEPARTMENT filed its Proposed Recommended Order on January 26, 2001. MIAMI OUTDOOR did not file a Proposed Recommended Order. A Recommended Final Order was issued on February 6, 2001, which is attached hereto and incorporated herein by reference. No exceptions to the Recommended Final Order were filed. STATEMENT OF THE ISSUE As stated by the Administrative Law Judge in his Recommended Final Order, the issues in this matter are: Whether the subject outdoor advertising signs are illegal because they were erected without state permits from Petitioner. Page 2 of 5 Whether the subject signs should be removed. Whether Petitioner is equitably estopped to assert that the signs are illegal and should be removed. FINDINGS OF FACT After review of the record in its entirety, it is determined that the Administrative Law Judge’s Findings of Fact found in paragraphs 1 through 6 of the Recommended Final Order are supported by the record and are accepted and incorporated as if fully set forth herein. CONCLUSIONS OF LAW 1. The DEPARTMENT has jurisdiction over the subject matter of and the parties to this proceeding pursuant to Chapters 120 and 479, Florida Statutes. 2. The Conclusions of Law contained in paragraphs 7 through 13 of the Recommended Final Order are fully supported by law. As such, they are adopted and incorporated as if fully set forth herein. 3. The Conclusion of Law contained in paragraph 14 of the Recommended Final Order is fully supported by law; the fourth sentence therein, however, contains two obvious typographical errors. The errors, which are underlined, appear in the following sentence: “AS reflected above, Petitioner failed to establish that Mr. Davis told Mr. Hancock that his company would not need state permits for the subject signs as along as he had permits from the City of Miami.” Finding of Fact 5 and the remainder of Conclusion of Law 14 correctly reflect that the burden of proof was on MIAMI OUTDOOR to establish its claim of equitable estoppel by establishing that Mr. Davis made the alleged statement to Mr. Hancock. Therefore, the fourth sentence of Conclusion of Law 14 is herein modified as follows: Page 3 of 5 “As reflected above, Respondent failed to establish that Mr. Davis told Mr. Hancock that his company would not need state permits for the subject signs as long as he had permits from the City of Miami.” ORDER Based on the foregoing Findings of Fact and Conclusions of Law, it is ORDERED that the Administrative Law Judge’s Recommended Final Order is adopted in its entirety, subject to the modification of Conclusion of Law 14 as set forth above. It is further ORDERED that the subject signs are illegal and that Respondent, MIAMI OUTDOOR ADVERTISING, INC., shall have thirty (30) days from the date of this Final Order to remove the subject signs. Should Respondent, MIAMI OUTDOOR ADVERTISING, INC., fail to remove the subject signs within the thirty (30) days allotted, the DEPARTMENT OF TRANSPORTATION shall remove the subject signs without further notice and the costs of removing the subject signs are hereby assessed against Respondent, MIAMI OUTDOOR ADVERTISING, INC. DONE AND ORDERED this oth day of March, 2001. ya = Thou. Fang _§ - =o. THOMAS F. BARRY, AW., P.E. a Secretary x Department of Transportation = Haydon Burns Building 2 n a 605 Suwannee Street Tallahassee, Florida 32399 Page 4 of 5 yud10 “100 G31 NOTICE OF RIGHT TO APPEAL THIS ORDER CONSTITUTES FINAL AGENCY ACTIQN/AND Mtky BE APPEALED PURSUANT TO SECTION 120.68, FLORIDA STATUTESSAND.RUL 0 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILBN/A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110¢t)), 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 THIRTY (30) DAYS OF RENDITION OF THIS ORDER. Copies furnished to: Jodi B. Jennings, Esquire Juanice Hagan Assistant General Counsel Assistant State Right of Way Manager Department of Transportation for Operations Haydon Burns Building, M.S. 58 Department of Transportation 605 Suwannee Street Haydon Burns Building, M.S. 22 Tallahassee, Florida 32399-0458 605 Suwannee Street Tallahassee, Florida 32399 The Honorable Claude B. Arrington Administrative Law Judge C. Jean Cann Division of Administrative Hearings District 6 ODA Administrator The DeSoto Building 1000 N.W. 111th Avenue 1230 Apalachee Parkway Miami, Florida 33172-5800 Tallahassee, Florida 32399-1550 Eugene A. (Andy) Hancock, Jr., President Miarni Outdoor Advertising, Inc. Post Office Box 3230097 Miami, Florida 32333-0097 Page 5 of 5

Docket for Case No: 00-001570

Orders for Case No: 00-001570