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Fort Lauderdale says it asked FDOT for formal hearing after state ordered removal of street art
Summary
City representatives told the commission they requested a formal administrative hearing with the Florida Department of Transportation over state demands to remove painted street markings the city calls traffic‑calming devices; an informal FDOT hearing was held and a written order and possible appeal are pending.
Howard Dubasor, representing the city, told the Fort Lauderdale City Commission on Sept. 16 that the city has sought a formal administrative hearing with the Florida Department of Transportation after the department sent a memorandum demanding removal of painted street markings at multiple locations. Dubasor said the city’s contract characterizes the markings as traffic‑calming devices, while FDOT has taken the position that they are detrimental to public safety.
At an informal hearing in Orlando on Sept. 15, Dubasor said the FDOT presiding officer invited argument on whether the process should be formal (before an administrative law judge with witnesses and exhibits) or informal. The presiding officer deferred a decision; Dubasor said the city will file a notice of appeal immediately if the department issues an adverse order and that the city may pursue circuit court review and a declaratory judgment thereafter.
The matter, described to commissioners as involving about 10 locations of painted street art, remains in administrative process. City staff and legal counsel told commissioners they are prepared to file appeals and to bring any further litigation proposals back to the commission for direction if required. No formal commission vote took place; staff reported that no additional city action was required “at this time.”
Commissioners asked whether other Florida municipalities had dropped appeals; Dubasor said Delray Beach and Key West had similar disputes, and that Fort Lauderdale, Miami and Miami Beach have continued litigation efforts. Commissioners and staff emphasized the need to preserve litigation options and to coordinate any circuit‑court filing with counsel.
The administration described next steps as: await FDOT’s written decision; if adverse, file a notice of appeal promptly; and evaluate whether a subsequent declaratory‑judgment action in circuit court is needed. The commission also directed staff to bring back any requests for executive‑session discussion if litigation timing or privileges require it.
