STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGRICO CHEMICAL COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1881

) SEABOARD COAST LINE RAILROAD and ) FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondents )

)

RECOMMENDED ORDER

After due notice a public hearing was held before Delphene C. Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on December 10, 1976, 2:00 p.m. in the Chamber of Commerce Conference Room in Bradenton, Florida.

APPEARANCES

For Petitioner: Mr. Mark Moorman, Director

Land Management

Agrico Chemical Company Post Office Box 110 Mulberry, Florida 33860

For Respondent: Philip S. Bennett, Esquire Department of Office of Legal Operations Transportation Department of Transportation

Haydon Burns Building Tallahassee, Florida 32304

Seaboard Coast-

line Railroad: No appearance

ISSUE

Whether permits for two public at-grade railroad crossings should be granted.

FINDINGS OF FACT

1. By application the Agrico Chemical Company seeks permits to open two public at-grade railroad crossings by constructing a spur track between the Seaboard Coastline Railroad and Agrico Railroad beginning 1,868 feet south of Seaboard Coastline Mile Post SVC 851 at Agrock, Florida.

2. The application involves opening two public at-grade rail highway crossings by new rail line construction. The local popular name of the road is Fort Green Road and Payne Creek Road.

   
   

3. Two tracks were constructed less than two years ago so that the Seaboard Coastline Railroad could come off their main line and come into Agrico and pick up loaded or unloaded cars for transportation to the south, north and west. Agrico now desires to construct a track which more directly ties into what they term their Payne Creek trackage to the southeast. The new crossings would come straight across the Seaboard Coastline mainline into the Fort Green trackage. Agrico would have to spend less time on Seaboard Coastline trackage and the plan is to erect electric signal crossings whereas there are no electric signal crossings in the area at the present time. Such signalization would render the crossings less hazardous.

   
   

4. The Petitioner Agrico will pay for the signalization at both crossings. Signalization consists of bells and signal lights. The Seaboard Coastline Railroad will maintain the crossings and signalization at the expense of the Petitioner Agrico. There are twelve trains per day.

   
   

5. The Respondent Seaboard Coastline Railroad was not represented at the hearing, but a letter was introduced stating that "Seaboard Coastline will indicate no objections to these crossings when the appropriate public hearing is scheduled". The Respondent Department of Transportation reviewed the subject application and expressed the desire of the district railroad committee that Agrico Chemical Company pay for the installation of flashing lights and that the installation would conform to the manual on uniform traffic control devices pertaining to signalized railroad crossings. It also stated that in the interest of good safety practices, no buildings should be constructed or plantings made that would prevent good sight distance at the crossing. Additionally, the Respondent Department of Transportation suggested that the railroad crossings be maintained by "other than the Department of Transportation".

   
   

6. The Hearing Officer further finds:

   
   

   1. The application for new railroad trackage is in the interest of the Petitioner Agrico Chemical Company and is in the interest of

      the public using the two railroad crossings.

   2. Signalization as planned will increase the safety of vehicular traffic.

      
      

      CONCLUSIONS OF LAW

      
      

7. Section 338.21, Florida Statutes, provides in part that the Department of Transportation has regulatory authority over all public railroad crossings in this state. One of the purposes of this law is to reduce the hazard inherent with highway traffic crossing railroads. The opening of the railroad crossings is needed for the most efficient use of the Petitioner industry and the public is protected from the hazards of the railroad crossings by the planned flashing lights and electric signalization.

RECOMMENDED ORDER

Grant the permits as applied for conditioned upon the Petitioner installing flashing lights and conditioned upon the agreement by the Petitioner company

that no buildings or plantings would be located to prevent good sight distance at the crossing and upon the agreement that the railroad crossings will be properly maintained by the Petitioner.

DONE and ORDERED this 28th day of January, 1976.

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 Counsel for DOT

Mr. Mark Moorman, Director Agrico Chemical Company Seaboard Coastline Railroad

Docket for Case No: 75-001881

Orders for Case No: 75-001881