STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida

OUTFRONT MEDIA, LLC,

vs.

Petitioner,

DOAH CASE NO.: 18-5912 DOT CASE NO.: 17-074

DEPARTMENT OF TRANSPORTATION,

Respondent.

I

FINAL ORDER

On November 9, 2017, Outfront Media, LLC (Outfront), initiated this proceeding by filing a Request for Administrative Hearing. The request was filed in response to a Notice of Intent to Revoke Sign Permit for Violation (Notice), issued by Respondent, Florida Department of Transportation (Department). On November 28, 2017, the Department issued an amended Notice. On November 8, 2018, this matter was referred to the Florida Division of Administrative Hearings and a hearing was scheduled for February 4, 2019. On January 16, 2019, the parties entered into the attached Stipulation of Settlement, resolving all issues. A Joint Motion to Relinquish Jurisdiction was filed on January 17, 2019, and on January 18, 2019, the Order was granted relinquishing jurisdiction to the Department.

FINDINGS OF FACT

1. On September 29, 2017, the Department issued Outfront a Notice oflntent to Revoke Sign Permit for Violation (Notice Number 54755) regarding an outdoor advertising permit number 3691, tag number 8D018, for a nonconforming sign that had been disassembled or no longer erect and re-erected at the same location in Volusia County, adjacent to I-95, and is deemed

   abandoned or discontinued, pursuant to rule 14-10.007(5)(a), Florida Administrative Code.

   l

   
   

   Filed February 14, 2019 10:22 AM Division of Administrative Hearings

2. On November 9, 2017, the Department received a Request for Administrative Hearing challenging the Department's Notice. The Request was assigned DOT Case No. 17- 074.

3. On November 28, 2017, the Department issued an Amended Notice. In addition, the Department asserts that documentation shows that the Sign has new materials and was rebuilt resulting in the Sign no longer being substantially the same.

4. On November 8, 2018, the matter was referred to the Florida Division of Administrative Hearings and a hearing was scheduled for February 4, 2019.

5. The Department and Outfront have agreed to amicably resolve the issue without the necessity of a hearing, under the terms set forth in the Stipulation of Settlement.

CONCLUSIONS OF LAW

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 foregoing Findings of Fact and Conclusions of Law, it is

ORDERED that Outfront may continue to maintain the sign until June 30, 2019, and agrees to remove the sign at its own expense. It is further

ORDERED that if Outfront does not remove the sign by June 30, 2019 the Department will remove the sign and will assess all costs of removal against Outfront Media, LLC pursuant to section 479.10, Florida Statutes. It is further

ORDERED that the attached Stipulation of Settlement is incorporated into this Order by reference. It is further

ORDERED that Outfront Media, LLC's request for administration hearing is

DISMISSED.

DONE AND ORDERED this£ day of February, 2019.

. E.

e

Department of Transportation Haydon Bums Building

605 Suwannee Street

Tallahassee, Florida 32399

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 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, HAYOON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS ORDER.

Copies furnished to:

Kimberly C. Menchion, Esquire Assistant General Counsel Department of Transportation Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399

Michael Green

Outdoor Advertising Administrator Department of Transportation

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0450

Glenn N. Smith, Esquire Greenspoon Marder

200 East Broward Boulevard Suite 1800

Fort Lauderdale, Florida 33301

Elizabeth S. Adler, Esquire Greenspoon Marder

200 East Broward Boulevard Suite 1800

Fort Lauderdale, Florida 33301

Docket for Case No: 18-005912

Orders for Case No: 18-005912