STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida

JW LEE, INC. d/b/a SCARLETT'S CABARET,

Petitioner,

DOAH CASE NO. 15-0643 DOT CASE NO. 13-081

vs.

DEPARTMENT OF TRANSPORTATION,

Respondent,

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FINAL ORDER

This proceeding was initiated by a request for an administrative hearing filed on August 26, 2013, by Petitioner, JW Lee, Inc. d/b/a Scarlett's Cabaret ("Scarlett's"). The request was filed in response to a Notice of Violation - Illegally Erected Sign (Notice No. 1796; 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. Scarlett's operates a business located at 2920 SW 30th Avenue, Pembroke Park, 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" (the "Scarlett's Faces"), and two faces displaying advertising copy of"Peoples Pawn & Jewelry."

5. On August 5, 2013, the Department issued Scarlett's a Notice of Violation - Illegally Erected Sign for the Scarlett's Faces. The Scarlett's Faces are not pe1mitted and are in violation of section 479.105, Florida Statutes. The Notice directed the Scarlett's Faces be removed within 30 days.

6. On August 26,2013, Scarlett's filed a Request for Administrative Hearing, alleging grounds on which the Scarlett's Faces should be exempt from Department permitting.

7. On January 13, 2015 the Department referred DOT Case No. 13-081 to DOAH to arrange a fonnal administrative hearing. This matter was assigned DOAH Case No. 15-0643.

8. Prior to hearing, the Department and Scarlett's entered into the attached Stipulation of Settlement to resolve this matter.

9. By executing the Stipulation of Settlement, Scarlett's has withdrawn its hearing request.

   CONCLUSIONS OF LAW

   
   

   1. On July 14, 2015, DOAH closed Case No. 15-0643 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, Flotida 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 Scarlett's 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, JW Lee, Inc. shall remove the Scarlett's Faces, or cause the Scarlett's Faees to be removed, at no cost to the Department. It is further

ORDERED that if the Scarlett's Faces are not removed by December 31, 2015, tl1e Department will remove the Scarlett's Faces and assess all costs ofren1oval against JW Lee, Inc., pursuant to section 479.105, Flotida Statutes. It is further

ORDERED that the Request for Administrative Heating filed by JW Lee, Inc. 1s

DISMISSED.

DONE and ORDERED this

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day of July, 2015.

Secretary

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Department of Transportation

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Haydon Bums Building 605 Suwannee Street

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NOTICE OP RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, At"'JD 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, ACCOMPAi IED BY THE APPROPRIATE FILING FEE, At D WITH THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYDON BU NS BUILDING, 605 SUWM'NEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399-0458, WITHIN 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

HughMcNew

Qualified Representative of JW Lee, Inc. 2920 Southwest 30th Avenue

Pembroke Park, FL 33009

Docket for Case No: 15-000643

Orders for Case No: 15-000643