STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARION COUNTY, FLORIDA, )

)

Applicant, )

)

and )

) CASE NO. 75-1312 SEABOARD COASTLINE RAILROAD, )

and FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, in Room 353, Marion County Courthouse, Ocala, Florida, at 11:00 a.m. on November 5, 1975.

APPEARANCES

For Petitioner: ROBERT STEPHEN RYDER, Esquire

Marion County Attorney Post Office Box 81 Ocala, Florida 32670

For Respondent: EUGENE R. BUZARD, Esquire Seaboard Coast Assistant General Attorney Line Railroad Seaboard Coast Line Railroad

Jacksonville, Florida

Department of PHILIP S. BENNETT, Esquire Transportation Office of Legal Operations

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

ISSUE

Whether the Florida Department of Transportation should issue a permit for the installation of a railroad crossing on "Citrus Drive Extension," Marion County, Florida, to intersect the Seaboard Coast Line Railroad at a point located approximately 1720 feet northwest of Seaboard Coast Line Mile Post 730.

FINDINGS OF FACT

Having heard the testimony of witnesses for the Petitioner and Respondents and the arguments of the respective counsel on the issues and considering the evidence presented in this cause, it is found as follows:

1. Petitioner, Marion County, is a political subdivision of the State of Florida, duly authorized to establish and maintain county roads within the boundaries of Marion County, Florida.

   
   

2. Marion County has heretofore filed a Petition with the Department of Transportation of the State of Florida pursuant to Chapter 338.21, Florida Statutes, for permission to establish a graded railroad crossing for Citrus Drive Extension, a county road, proposed to intersect the Seaboard Coast Line Railroad tracks approximately 1,720 feet N.W. of the Seaboard Coast Line Railroad Mile Post 730.

   
   

3. Marion County for a number of years prior to these proceedings has contemplated and endeavored to establish a county road herein referred to as Citrus Drive Extension, a proposed main arterial county road running north and south within Marion County, Florida, for the purposes of connecting existing county and state roads and thereby alleviating traffic on other county and state roads within the vicinity.

   
   

4. Citrus Drive Extension would serve that portion of the county which said county expects in the near future to experience rapid development and substantial increase in population.

   
   

5. Marion County heretofore has acquired all necessary right-of-way for the establishment of Citrus Drive Extension and a portion of that said right-of- way, that portion being approximately 6,234 feet, acquired from GAC Properties, Inc., by means of Right-Of-Way Deed, contains a reversionary clause which provides that if Citrus Drive Extension is not completed by June 18, 1979, that acquired right-of-way from GAC Properties, Inc., will revert back to Grantor.

   
   

6. Citrus Drive Extension as it approaches the proposed railroad crossing from the south to the north contains a curve to the south of the said Seaboard Coast Line Railroad tracks which said curve has a centerline radius of 462 feet and has a central angle of curvature 73 degrees 8 feet 56 inches.

   
   

7. That railroad traffic on the Seaboard Coast Line Railroad tracks where the proposed road grade crossing is to be located consists of 16 trains per day with a maximum of 79 miles per hour.

   
   

8. The Petition heretofore filed by Marion County for the proposed railroad grade crossing does not contain any provisions for railroad warning devices.

   
   

9. The alignment of the road south of the crossing is a north-south road. Near the crossing the road goes into a curve and the crossing is located in a reverse curve, the curve from the south being a relatively sharp curve.

   
   

   CONCLUSIONS OF LAW

   
   

10. Chapter 338.21(3), Florida Statutes, provides that the Department of Transportation of the State of Florida shall have regulatory authority over all

    public railroad crossings in the State, including the authority to issue a permit for the opening and closing of such crossings.

    
    

11. The necessity for the crossing has been established both from the current vehicular traffic and from the projected increase in population and vehicular use. Inasmuch as the proposed crossing is on a reverse curve, adequate railroad warning devices should consist of cantilevered flashing lights and bells together with automatic flashing yellow lights along Citrus Drive Extension approaching the proposed railroad crossing from south to north.

RECOMMENDED ORDER

Grant a permit for the proposed crossing conditioned upon the placement of cantilevered flashing lights and bells together with automatic flashing yellow lights along Citrus Drive Extension approaching the proposed railroad crossing from south to north.

DONE AND ORDERED this 18th day of December 1975.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Robert Stephen Ryder, Esquire Marion County Attorney

Post Office Box 81 Ocala, Florida 32670

Eugene R. Buzard, Esquire Assistant General Attorney Seaboard Coast Line Railroad

500 Water Street Jacksonville, Florida

Philip S. Bennett, Esquire Office of Legal Operations Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Docket for Case No: 75-001312

Orders for Case No: 75-001312