STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida

OUTFRONT MEDIA, LLC,

Petition er,

DEPARTMENT OF TRANSPORTATION,

Respondent.

                                                                              I

DOAH CASE NOS.: 15-5594, 15-5595

15 5596, 15-5597, 15-5598, 15-5599 &

15-5600

DOT CASE NOS.: 15-068, 15-069, 15-070,

15-071, 15-072, 15-073 & 15-082

FINAL ORDER

This consolidated proceeding was initiated by Petitioner, Outfront Media, LLC, (Outfront) filing Petitions for Formal Proceedings in response to Notices of Unauthorized Removal, Cutting or Trimming of Vegetation (Notices) issued by the Respondent , Department Of Transportation (Department). Before hearing, the parties entered into a Stipulation of Settlement resolving all issues in these matters.

FINDINGS OF FACT

1. Outfront owns several permitted outdoor advertising signs in Monroe County, Florida. Between July 29, 2015 and September 10, 2015, the Department notified Outfront that vegetation had been removed, cut, or trimmed along Department right of way in front of Outfront's permitted signs, without vegetation management permits in violation of Department rules.

2. On August 26, 2016, Outfront filed six timely requests for an administrative hearing with the Department. On October 5, 2015, Outfront filed an additional request for an administrative hearing after receiving a reissued notice of violation .

   
   

   Filed May 19, 2016 11:51 AM Division of Administrative Hearings

3. The matters were referred to the Division of Administrative Hearings on October 6, 2015 and consolidated by Order of October 14, 2015.

4. Prior to hearing, the Department and Outfront entered into the attached Stipulation of Settlement resolving the matters. On January 29, 2016, the Division of Administrative Hearings relinquished jurisdiction to the Department.

   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, and Rule Chapter 14-10, Florida Administrative Code.

   2. The Stipulation of Settlement resolves the violations that were the subject of the Petitions for Formal Proceedings.

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 that the request for an administrative hearing filed by Outfront Media, LLC, is

DISMISSED.

DONE and ORDERED this/ q-!/J-day of May, 2016.

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NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY ANYPARTYPURSUANTTOSECTION120.68,FLORIDASTATUTES,ANDRULES9.110 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 BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399-0458, WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

Copies furnished to:

SUSAN SCHWARTZ

Assistant General Counsel Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street

Tallahassee, Florida 32399-0458

E-Mail: susan.schwartz@dot.state.fl.us

ROBERT JESSEE

Deputy Director of Right of Way Department of Transportation Haydon Burns Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0422

E-Mail: Robert. jessee@dot.state.fl.us

GLENN SMITH, Esquire

ELIZABETH ADLER, Esquire

Greenspoon Marder, P.A.

200 East Broward boulevard, Suite 1800 Fort Lauderdale, Florida 33301

E-Mail: glenn.smith@gmlaw.com

E-Mail: Elizabeth.adler@gmlaw.com

3

Docket for Case No: 15-005598

Orders for Case No: 15-005598