STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida

PEOPLES PAWN SHOPS OF 1-95, INC.,

vs.

Petitioner, DOAH CASE NO.

DOT CASE NO.

15-0199

13-084

DEPARTMENT OF TRANSPORTATION,

Respondent.

                                                                                 I

FINAL ORDER

This proceeding was initiated by a request for an administrative hearing filed on August 27, 2013, by Petitioner, Peoples Pawn Shops ofl -95, Inc. ("Peoples Pawn"). The request was filed in response to a Notice of Violation - Illegally Erected Sign (Notice No. 1797; the "Notice") posted by the Respondent , Department of Transportation ("Department") on August 5, 2013. On January 13, 2015 the Department referred the matter to the Division of Administrative Hearings ("DOAH"). Before the matter could be heard, the parties entered into a Stipulation of Settlement resolving all issues.

FINDINGS OF FACT

1. Peoples Pawn operates a pawn shop located at 2910 SW 30th Ave, Hallandale Beach, FL 33009.

2. Advance Auto Stores Company, Inc., doing business as Advance Auto Parts ("Advance Auto") operates an auto parts store located at 3000 West Hallandale Beach Boulevard, Pembroke Park, FL 33009.

   
   

   Filed July 27, 2016 8:00 AM Division of Administrative Hearings

3. Advance Auto operates a pylon sign (the "Pylon Sign") visible from the main- traveled way of Interstate 95, located at RCI ID 86070000, mile post 0.73. The Pylon Sign is located on property owned by Advance Auto.

4. The Pylon Sign features a total of 6 back-to-back sign faces: two sign faces displaying advertising copy of" Advance Auto Parts," two faces displaying advertising copy of "Scarlett's," and two faces displaying advertising copy of"Peoples Pawn & Jewelry" (the "Peoples Pawn Faces").

5. On August 5, 2013, the Department issued Peoples Pawn a Notice of Violation - Illegally Erected Sign for the Peoples Pawn Faces. The Peoples Pawn Faces are not permitted and are in violation of section 479.105, Florida Statutes. The Notice directed the Peoples Pawn Faces be removed within 30 days.

6. On Augnst 27, 2013, Peoples Pawn filed a Request for Administrative Hearing, alleging grounds on which the Peoples Pa"'n Faees should be exempt from Department permitting.

7. On January 13, 2015 the Department referred DOT Case No. 13-084 to DOAH to arrange a formal administrative hearing. This matter was assigned DOAH Case No. 15-0199.

8. Prior to hearing, the Department and Peoples Pawn entered into the attached Stipulation of Settlement to resolve this matter.

9. By executing the Stipulation of Settlement, Peoples Pawn has withdrawn its hearing request.

CONCLUSIONS OF LAW

A On July 14, 2015, DOAH closed Case No. 15-0199 and relinquished jurisdiction to the Department.

B. The Department has jurisdiction over the subject matter of and the parties to this proceeding pursuant to Chapters 120 and 479, Florida Statutes, and Chapters 14-10 and 28-106, Florida Administrative Code.

ORDER

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

ORDERED that the attached Stipulation of Settlement is approved. It is further

ORDERED the Peoples Pawn Faces may continue to be maintained at their present location until December 31, 2015. It is further

ORDERED that no later than December 31, 2015, Peoples Pawn Shops ofl-95, Inc. shall remove the Peoples Pawn Faces, or cause the Peoples Pawn Faces to be removed, at no cost to the Department. It is further

ORDERED that if the Peoples Pawn Faces are not removed by December 31, 2015, the Department will remove the Peoples Pawn Faces and assess all costs of removal against Peoples Pawn Shops ofl-95, Inc., pursuant to section 479.105, Florida Statutes. It is further

ORDERED that the Re,:iuest for Administrative Hearing filed by Peoples Pawn Shops of

I-95, Inc. is DISMISSED.

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DONE and ORDERED this - "-o·_",_l/_·_day ofJuly, 2015.

Ji ;PIA

Secretary

Department of Transportation

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NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION A.1'!D 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.ll0(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 BURi S BUILDING, 605 SUWAl'fNEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399-0458, \VITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

Copies furnished to:

Austin Hensel

Assistant General Counsel Department of Transportation Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458

Michael Green

State Outdoor Advertising Administrator Department of Transportation

Haydon Bums Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0422

James C. Brady Arnstein & Lehr, LLP

200 East Las Olas Boulevard, Suite I000 Fort Lauderdale, Florida 33301

Docket for Case No: 15-000199

Orders for Case No: 15-000199