Petitioner: NISSI, INC.
Respondent: DEPARTMENT OF TRANSPORTATION
Judges: LINZIE F. BOGAN
Agency: Department of Transportation
Locations: Tallahassee, Florida
Filed: Sep. 13, 2013
Status: Closed
Recommended Order on Friday, January 10, 2014.
Latest Update: Nov. 30, 2016
Summary: Whether Florida Administrative Code Rule 14-10.007(6)(b), which provides for revocation of outdoor advertising permits for nonconforming signs that are abandoned or discontinued, is an "invalid exercise of delegated legislative authority" as alleged by Petitioners.Petitioner failed to prove that F.A.C.R. 14-10.007(6)(b) is an invalid exercise of delegated legislative authority.
13001623Mandate
DISTRICT COURT OF APPEAL FIRST DISTRICT
STATE OF FLORIDA TALLAHASSEE, FLORIDA 32399-0950
(850) 488-6151
JON S. WHEELER CLERK OF THE COURT
(850) 488-6151
December 19, 2014
Claudia Llado, Clerk DOAH
1230 Aplachee Pkwy DeSoto Bldg Tallahassee, FL 32399
RE: NISSI, INC. AND CARTER SIGN RENTALS, INC.
v. Department of Transportation
Docket No.: 1D14-0477
Lower Tribunal Case No: 13-1623RX 13-3518RX
Dear Ms. Llado,
I have been directed by the court to issue the attached mandate in the above- styled cause. It is enclosed with a certified copy of this Court’s opinion.
Yours truly,
Jon S. Wheeler Clerk of the Court
JSW/jm Enclosures
c: (letter and mandate only)
Jacob D. Varn
Susan Schwartz, A. G. C.
Julie E Nevins
Carol A. Licko Marc A. Peoples Catherine Dorvil
Rex D. Ware
Kimberly Menchion, A.
G. C.
M A N D A T E
From
DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT
To Linzie F. Bogan, Judge, Division of Administrative Hearings WHEREAS, in the certain cause filed in this Court styled:
NISSI, INC. AND CARTER SIGN RENTALS, INC.
Case No : 1D14-0477
v. Lower Tribunal Case No : 13-1623RX
13-3518RX
DEPARTMENT OF TRANSPORTATION
The attached opinion was issued on October 30, 2014.
YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with said opinion, the rules of Court, and the laws of the State of Florida.
WITNESS the Honorable Joseph Lewis, Jr., Chief Judge
of the District Court of Appeal of Florida, First District,
and the Seal of said Court done at Tallahassee, Florida, on this 19th day of December 2014.
Docket for Case No: 13-003518RX
| Issue Date |
Proceedings |
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Nov. 30, 2016 |
Transmittal letter from Claudia Llado forwarding the Transcript and Exhibits the agency.
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Dec. 19, 2014 |
Mandate filed.
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Oct. 31, 2014 |
Opinion filed.
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Oct. 30, 2014 |
BY ORDER OF THE COURT: cases have been consolidated for the purposes of this proceeding.
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Apr. 03, 2014 |
Index, Record, and Certificate of Record sent to the First District Court of Appeal.
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Feb. 27, 2014 |
Index (of the Record) sent to the parties of record.
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Feb. 27, 2014 |
Invoice for the record on appeal mailed.
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Feb. 24, 2014 |
BY ORDER OF THE COURT: The unopposed motion to consolidate is granted.
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Feb. 14, 2014 |
Transcript of Proceedings (not available for viewing) filed. |
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Feb. 04, 2014 |
Acknowledgment of New Case, First DCA Case No. 1D14-0477 (Nissi, Inc.) filed.
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Feb. 04, 2014 |
Acknowledgment of New Case, First DCA Case No. 1D14-0480 (Carter Sign Rentals) filed.
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Feb. 03, 2014 |
Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date. (13-3518RX)
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Feb. 03, 2014 |
Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date. (13-1623RX)
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Jan. 10, 2014 |
Summary Final Order (hearing held December 11, 2013). CASE CLOSED.
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Dec. 23, 2013 |
Notice of Joinder in and Adoption of Reply in Support of Motion for Summary Final Order and in Opposition to Department's Cross-motion (filed in Case No. 13-003518RX).
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Dec. 23, 2013 |
Petitioner Carter Sign Rentals, Inc.'s Reply in Support of Motion for Final Summary Order and in Opposition to the Department's Cross-motion for Final Summary Order filed.
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Dec. 23, 2013 |
Petitioner Carter Sign Rentals, Inc.'s Proposed Final Order filed.
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Dec. 23, 2013 |
The Department of Transportation's Proposed Final Order filed.
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Dec. 23, 2013 |
Proposed Final Order of Petitioner, Nissi, Inc (filed in Case No. 13-003518RX).
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Dec. 18, 2013 |
Notice of Filing Joint Exhibits (Part 3 of 3; Joint Exhibit 10, part 2 of 2, attached) filed.
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Dec. 18, 2013 |
Notice of Filing Joint Exhibits (Part 2 of 3; Joint Exhibit 10, part 1 of 2, attached) filed.
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Dec. 18, 2013 |
Notice of Filing Joint Exhibits (Part 1 of 3; Joint Exhibits 1-9, attached) filed.
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Dec. 18, 2013 |
Department of Transportation's Response to Petitioner's Motion of Summary Judgment and Cross-motion for Summary Final Order filed.
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Dec. 11, 2013 |
CASE STATUS: Hearing Held. |
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Dec. 10, 2013 |
Notice of Joinder In and Adoption of Motion for Summary Final Order (filed in Case No. 13-003518RX).
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Dec. 09, 2013 |
Motion for Summary Final Order and Memorandum of Law filed.
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Dec. 09, 2013 |
Notice of Filing Deposition of Robert Jessee filed.
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Dec. 06, 2013 |
Joint Prehearing Stipulation filed.
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Dec. 06, 2013 |
Notice of Appearance (Susan Schwartz) filed.
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Dec. 03, 2013 |
Amended Notice of Hearing (hearing set for December 11 and 12, 2013; 9:00 a.m.; Tallahassee, FL; amended as to dates of hearing).
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Nov. 26, 2013 |
Supplemental Response to Petitioner's, Carter Sign Rentals, Inc./Carter Pritchett Advertising, Inc., Second Request for Production of Documents filed.
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Nov. 26, 2013 |
Cross-notice of Taking Deposition Via Video Conference (of Representative for Florida Department of Transportation; filed in Case No. 13-003518RX).
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Nov. 26, 2013 |
Notice of Appearance (Rex Ware; filed in Case No. 13-003518RX).
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Nov. 25, 2013 |
Unopposed Motion to Shorten the Final Hearing and to Start the Final Hearing on December 11, 2013 filed.
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Nov. 20, 2013 |
Re-notice of Taking Deposition of Respondent Via Video-Conference filed.
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Nov. 06, 2013 |
Notice of Taking Deposition of Respondent filed.
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Oct. 29, 2013 |
Order of Pre-hearing Instructions.
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Oct. 29, 2013 |
Amended Notice of Hearing (hearing set for December 10 through 12, 2013; 9:00 a.m.; Tallahassee, FL; amended as to Case Style).
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Oct. 25, 2013 |
Order Severing Case No. 13-1195.
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Oct. 22, 2013 |
Petitioner Carter Sign Rentals, Inc.'s Unopposed Motion to Stay Final Hearing on Case Number 13-1195 filed.
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Sep. 24, 2013 |
Notice of Transfer.
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Sep. 24, 2013 |
Order of Consolidation (DOAH Case Nos. 13-1195, 13-1623RX and 13-3518RX).
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Sep. 20, 2013 |
Nissi's Unopposed Motion to Consolidate filed.
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Sep. 17, 2013 |
Order of Assignment.
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Sep. 16, 2013 |
Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Ken Plante and the Agency General Counsel.
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Sep. 13, 2013 |
Petition to Challenge the Validity of an Existing Rule filed.
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Orders for Case No: 13-003518RX
| Issue Date |
Document |
Summary |
|
Dec. 19, 2014 |
Mandate
|
|
|
Oct. 30, 2014 |
Opinion
|
|
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Jan. 10, 2014 |
DOAH Final Order
|
Petitioner failed to prove that F.A.C.R. 14-10.007(6)(b) is an invalid exercise of delegated legislative authority.
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