STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida

FIBERNET DIRECT FLORIDA, LLC,

Petitioner,

Respondent.

                                                                    I

FINAL ORDER

On August 8, 2017, the Department of Transportation (hereinafter "Department") issued a Notice of Violation for utility permit No. 2016-H-491-272 and a Cease and Desist Order for Utility Permits Nos. 2016-H-491-272, 2016-H-491-305, and 2016-H-491-320 to Petitioner, Fibemet Direct Florida, LLC. f/k/a FPL Fibemet, LLC, (hereinafter "Fibemet"). On September 13, 2017, Fibemet filed a request for administrative hearing with the agency clerk. The Department and Fibemet subsequently agreed to reinstatement of the permits and on February 19, 2018 entered into a Stipulation of Settlement.

FINDINGS OF FACT

1. In October and November 2016, Fibemet received Utility Permit numbers 2016-H-491- 272, 2016-H-491-305 and 2016-H-491-320 for the installation of conduits within Interstate 75 right-of-way in Broward County.

2. On August 8, 2017, the Department issued a Notice of Violation for permit 2016- H-491-272 (erroneously referred to in the notice letter as 2017-H-491-272) and a Cease and Desist Order regarding permits nos. 2016-H-491-272, 2016-H-491-305, and 2016-H-491-320 alleging

   
   

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   Filed March 20, 2018 3:48 PM Division of Administrative Hearings

   work was performed on July 22, 2017 without proper coordination with the Project Team and the Contractor, and without an approved Utility Work Schedule.

3. On September 13, 2017, Fibemet filed a Request for Administrative Hearing, indicating the Utility Work Schedule was not submitted because Ranger Construction was conducting work in the same area and would not agree to Fibemet's Utility Work Schedule without an unreasonable indemnification agreement.

4. The matter was referred to the Division of Administrative Hearings and a hearing was scheduled for January 11 and 12, 2018. Ranger Construction substantially completed its work on the segment of Interstate 75 listed in the Fibemet permits by the end of 2017, and the parties agreed the matter could be resolved without an administrative hearing. On December 27, 2017, the Division of Administrative Hearing closed its file and relinquished jurisdiction to the Department.

5. The parties entered into the attached Stipulation of Settlement on February 19, 2018.

Specifically, the subject permits will be reinstated, Fibemet will submit Utility Work Schedules directly to the District Four Utility Office, and the Department will not require the agreement or concurrence of Ranger Construction for approval of the Utility Work Schedules.

CONCLUSIONS OF LAW

The Department has jurisdiction over the subject matter of and the parties to this proceeding pursuant to Sections 120.569 and 337.401, Florida Statutes.

ORDER

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

ORDERED that the attached Stipulation of Settlement is approved and adopted as if fully set forth herein. It is further

ORDERED that the request for an administrative hearing filed by Fibemet on

September 13, 2017, is dismissed.

DONE AND ORDERED this z=t ay of February 2018.

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Haydon Bums Building r-

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NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND 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 TOTHE 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 30 DAYS OF RENDITION OF THIS ORDER.

Copies furnished to:

Susan Schwartz, Esquire Assistant General Counsel Department of Transportation 605 Suwannee Street

Tallahassee, Florida 32399 Susan.schwartz@dot.state.fl.us

Thomas Bane, State Utility Engineer Department of Transportation

605 Suwannee Street

Tallahassee, Florida 32399 Thomas.bane@dot.state.fl.us

Morteza Alian, District 4 Maintenance Engineer 3400 West Commercial Boulevard

Ft. Lauderdale, Florida 33309 Morteza.alian@dot.state.fl.us

Jesse Diner, Esq.

Counsel for Fibemet Direct Florida Buchanan Ingersoll & Rooney, P.C. 401 East Las Olas Blvd, Suite 2250 Fort Lauderdale, Fl 33301 Jesse.diner@bipc.com

Docket for Case No: 17-006098

Orders for Case No: 17-006098