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OUTFRONT MEDIA, LLC vs FLORIDA DEPARTMENT OF TRANSPORTATION, 19-005496 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005496 Visitors: 7
Petitioner: OUTFRONT MEDIA, LLC
Respondent: FLORIDA DEPARTMENT OF TRANSPORTATION
Judges: ROBERT S. COHEN
Agency: Department of Transportation
Locations: Marathon, Florida
Filed: Oct. 14, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 13, 2019.

Latest Update: Dec. 18, 2019
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

Haydon Burns Building 605 Suwannee Street Tallahassee, Florida


OUTFRONT MEDIA LLC, DOAH CASE NO.: 19-5496 DOT CASE NO.: 17-078


Petitioner,


vs.


DEPARTMENT OF TRANSPORTATION,


Respondent.

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FINAL ORDER


On November 16, 2017, Outfront Media LLC (Outfront) initiated this proceeding by filing a Request for an 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 October 14, 2019, this matter was referred to the Florida Division of Administrative Hearings. Before the matter could be heard, the parties entered into the attached Stipulation of Settlement, resolving all issues.

FINDINGS OF FACT


  1. On October 12, 2017, the Department issued Outfront a Notice oflntent to Revoke Sign Permit for Violation (Notice Number 54796) regarding outdoor advertising permits 20257 and 20258, CK944 and CK945 (formerly tag numbers CA400 and CH235), for a nonconforming sign that was destroyed and rebuilt in violation of Section 14-10.007(5)(a), Florida Administrative Code.


    1


    Filed December 18, 2019 12:49 PM Division of Administrative Hearings

  2. On November 16, 2017, the Department received a Request for a Formal Administrative Hearing challenging the Department's Notice. The Request was assigned DOT Case No. 17-078.

  3. On October 14, 2019, the Department referred this matter to the Florida Division of Administrative Hearings.

  4. On November 7, 2019, the Florida Division of Administrative Hearings set this matter for a Final Hearing to take place on December 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 Pact and Conclusions of Law, it is


ORDERED that Outfront may continue to maintain the sign until April 30, 2020 and agrees to remove the sign at its own expense. It is further

ORDERED that if Outfront does not remove the sign by April 30, 2020, the Department will remove the sign and will assess all costs of removal against Outfront pursuant to section 479.10, Florida Statutes. It is further

ORDERED that Outfront's request for an administrative hearing is DISMISSED. It is


further

ORDERED that the attached Stipulation of Settlement is incorporated into this Order by


reference. $-

DONE AND ORDERED this 95 day of November


Secretary

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399

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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 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 30 DAYS OF RENDITION OF THIS ORDER.


Copies furnished to:


David Tropin, Esq. 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 Haydon Burns Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0450


Glenn Smith and Elizabeth Adler Greenspoon Marder

200 East Broward Blvd., Suite 1800 Fort Lauderdale, FL 33301


Docket for Case No: 19-005496
Issue Date Proceedings
Dec. 18, 2019 Stipulation of Settlement filed.
Dec. 18, 2019 Agency Final Order filed.
Nov. 13, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 13, 2019 Joint Motion to Relinquish Jurisdiction filed.
Nov. 07, 2019 Order of Pre-hearing Instructions.
Nov. 07, 2019 Notice of Hearing by Video Teleconference (hearing set for December 4, 2019; 9:00 a.m.; Marathon and Tallahassee, FL).
Oct. 22, 2019 Notice of Transfer.
Oct. 21, 2019 Amended Joint Response to the Court's Initial Order filed.
Oct. 21, 2019 Unilateral Response to the Court's Initial Order filed.
Oct. 15, 2019 Department's First Request for Production of Documents filed.
Oct. 14, 2019 Initial Order.
Oct. 14, 2019 Outfront Media, LLC's Petition for Formal Proceedings filed.
Oct. 14, 2019 Notice of Intent to Revoke Sign Permit for Violation filed.
Oct. 14, 2019 Agency referral filed.

Orders for Case No: 19-005496
Issue Date Document Summary
Nov. 25, 2019 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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