STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DELTONA CORPORATION, )

)

Applicant, )

and )

) SEABOARD COASTLINE RAILROAD, )

)

vs. ) CASE NO. 76-1256

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a public hearing was held in the above styled cause on September 24, 1976 at 2:30 p.m. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, in the Courtroom, Citrus County Courthouse, Inverness, Florida.

APPEARANCES

For Petitioner: James L. Shroads, Esquire

3250 South West 3rd Avenue Miami, Florida 33129

For Respondent: George L. Waas, Esquire

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304 Seaboard Coastline Railroad, No appearance.

FINDING OF FACT

1. At the conclusion of the hearing involving the same parties and styled, Docket No. 76-1257, which resulted in a Recommended Order granting an application to close a public crossing over the tracks of the Respondent Seaboard Coastline Railroad at 5770.8 North of SCL M.P. 763, Dunnellon Spur, the applicant moved to dismiss subject cause thus abandoning the Petitioner Deltona Corporation's application for the opening of the public at-grade crossing at Country Club Boulevard in the Citrus Springs Community in Citrus County, Florida.

   
   

2. The Petitioner notified the Hearing Officer that the necessity for the public at-grade crossing could not be established at the present time.

3. The Respondent Florida Department of Transportation stipulated that it was agreeable to have the application for a public at-grade crossing opening withdrawn by the Petitioner.

   
   

4. The Respondent Seaboard Coastline Railroad will not be prejudiced by the abandonment of the subject application, had not joined in the application or submitted an answer to the application.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 338.21, Florida Statutes, provides:

   
   

   "(3) The Department 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."

   "(5) Prior to the adoption of any rule or regulation opening or closing such crossings or of any rule or regulation fixing such speed limits, due notice shall be given and a public hearing shall be held by the secretary of the department or his duly authorized hearing officer, pursuant to the provisions of Chapter 120, the Administrative Procedure Act."

   
   

6. It appears that there is no present necessity for the opening of the public at-grade crossing which is the subject of this hearing. The Deltona Corporation, Petitioner, and the Florida Department of Transportation, Respondent, are in agreement that there is no necessity for the crossing and therefore it is in the interest of the public that the Motion to Dismiss the application as filed by the Petitioner herein should be granted.

RECOMMENDATION

Dismiss the application to open a public at-grade crossing at Country Club Boulevard in the Citrus Springs Community in Citrus County, Florida without prejudice.

DONE and ORDERED this 22nd day of November, 1976 in Tallahassee, Florida.

DELPHENE C. STRICKLAND

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

James L. Shroads, Esquire 3250 S. W. 3rd Avenue Miami, Florida 33129

George L. Waas, Esquire

Florida Department of Transportation

Haydon Burns Building Tallahassee, Florida

Eugene R. Buzard, Esquire Seaboard Coastline Railroad

500 Water Street Jacksonville, Florida 32202

Mr. Gordan S. Burleson, Sr. Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

William Livingston, Esquire 3250 S. W. 3rd Avenue Miami, Florida

Docket for Case No: 76-001256

Orders for Case No: 76-001256