STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA EAST COAST RAILWAY )

COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1322

) METROPOLITAN DADE COUNTY, and ) DEPARTMENT OF TRANSPORTATION, )

)

Respondents. )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delpene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on October 10, 1975, at 3:00 p.m. in the Conference Room of Virginia Plaza, 6501 N.W. 36th Street, Miami, Florida.

APPEARANCES

For Petitioner: Charles E. Evans, Esquire

Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida

For Respondent: Lisa Bennett, Esquire Metropolitan Assistant County Attorney Dade County Dade County, Florida

For Respondent: Philip S. Bennett, Esquire Department of Staff Attorney Transportation Department of Transportation

Haydon Burns Building Tallahassee, Florida 32304

ISSUE

Whether a public at-grade railroad crossing in the vicinity of the Florida East Coast Railway Company Mile Post 16.58 and Southwest 66th Street in Miami, Florida should be closed.

FINDINGS OF FACT

1. The Petitioner filed an application to close a crossing at the intersection of the Florida East Coast Railway Company tracks and S.W. 66th Street, Miami, Florida.

2. The Respondents, Metropolitan Dade County and the Department of Transportation, concurred that the crossing was unsafe and that it could be closed without undue convenience to the public.

   
   

3. The Hearing Officer finds:

   
   

   1. That there were no letters of objection to the closing of the subject crossing and no one appeared at the public hearing opposing the closing;

      
      

   2. That the crossing is relatively unsafe because of the general location among trees and other shrubs in the vicinity; and

      
      

   3. That the public may use alternative routes which are convenient and less hazardous.

      
      

      CONCLUSIONS OF LAW

      
      

4. Section 338.21, Florida Statutes, provides, in part, that the Department of Transportation has regulatory authority over all public railroad crossings in the state. One of the purposes of this law is to reduce hazards inherent in highway/railroad crossings, and inasmuch as there is agreement among the parties and no objection from the public, it is in the interest of safety that the crossing be closed.

RECOMMENDED ORDER

Grant the application to close the railroad crossing at the intersection of the Florida East Coast Railway Company tracks and S.W. 66th Street in Miami, Florida, in the vicinity of Florida East Coast Railway Company Mile Post 16.58.

October 28, 1975

DATE DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Philip S. Bennett, Esquire Staff Attorney

Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

Charles E. Evans, Esquire

Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida

Lisa Bennett, Esquire Assistant County Attorney Dade County, Florida

Docket for Case No: 75-001322

Orders for Case No: 75-001322