STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA EAST COAST RAILWAY )

COMPANY, )

)

Applicant, )

and )

)

DADE COUNTY, FLORIDA, )

)

and ) CASE NO. 78-1606

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on October 10, 1978, in Miami, Florida. 1/

APPEARANCES

Ms. J. Elisabeth Middlebrooks, Assistant County Attorney, Metropolitan Dade County, 1626 Courthouse, Miami, Florida 33130; John W. Humes, Jr., Esquire, Florida East Coast Railway Company, One Malaga Street, St. Augustine, Florida 32084, attorney for Florida East Coast Railway Company; John Pines, Esquire, Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32301, attorney for Florida Department of Transportation.

FINDINGS OF FACT

1. Pursuant to the parties' joint stipulation entered herein, the following relevant facts are found.

   
   

2. On or about December 22, 1977, the Florida East Coast Railway Company filed an application to close the railroad crossing located at 125th Avenue, Goulds (Metro Dade County) Mile Post 386 + 3300'. In the area of the proposed crossing, the railway has scheduled triweekly service including the transportation of hazardous materials and work trains which also includes extra trains as the situation dictates.

   
   

3. 128th Avenue, in the area of the subject crossing, extends from U.S. 1 north to Southwest 232nd Street, a distance of approximately 650 feet. This is an angular crossing of railroad which tends to reduce driver visibility. Traffic counts on this roadway indicate less than 700 cars a day use the road, with the heaviest usage occurring from 5:00 p.m. to 6:00 p.m. and 60 vehicles per minute pass over the crossing.

4. The crossing at Southeast 232nd Street provides a right angle crossing about the same distance from the joint intersection of 128th Avenue and 232nd Street.

   
   

5. Based on the development of 128th Avenue and a relatively short alternative route, the parties (the Railway and the County) viewed the level of safety as being increased if this crossing wore closed.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57, Florida Statutes.

   
   

7. The authority of the Florida Department of Transportation is derived from Chapter 335.21, Florida Statutes, and Chapter 14-46.03(2)(a), Florida Administrative Code.

   
   

8. The parties were duly noticed pursuant to the notice provisions of Chanter 120, Florida Statutes.

   
   

9. Competent and substantial evidence was offered to warrant a recommendation that the application for the proposed closing of the 128th Avenue at-grade crossing in Goulds, Florida, be GRANTED and is in keeping with the criteria as set forth in Chapter 14-46.03(2)(a), Florida Administrative Code.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is hereby,

RECOMMENDED:

That the application to close the at-grade railroad crossing at 128th Avenue, Goulds, Florida (Milepost 386 + 3300') be GRANTED.

RECOMMENDED this 5th day of June, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1979.

ENDNOTE

1/ The parties stipulated that the hearing would not be officially closed until the transcript of the proceedings was received. The transcript was received by the undersigned on June 4, 1979.

COPIES FURNISHED:

John W. Humes, Jr., Esquire Florida Fast Coast Railway Company One Malaga Street

St. Augustine, Florida 32084

Ms. J. Elisabeth Middlebrooks Assistant County Attorney Metropolitan Dade County

1626 Courthouse

Miami, Florida 33130

John Rimes, Esquire Haydon Burns Building 605 Suwannee Street

Tallahassee, Florida 32301

Docket for Case No: 78-001606

Orders for Case No: 78-001606