STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DELTONA CORPORATION, )

)

Applicant, )

and )

) SEABOARD COASTLINE RAILROAD, )

)

vs. ) CASE NO. 76-1257

)

FLORIDA DEPARTMENT OF )

TRANSPORTATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, public hearing in the above captioned cause was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on September 21, 1976 at 1:30 p.m. in the Citrus County Courthouse in Inverness, Florida.

APPEARANCES

For Petitioner: James L. Shroads, Esquire

2350 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. By application, the Deltona Corporation sought to close a public at- grade crossing in the Citrus Springs community, Citrus County, Florida. The crossing is located on the Seaboard Coastline Railroad's Dunnellon Spur between the present at-grade crossing at Citrus Springs Boulevard and Seaboard Coastline Milepost 763.

   
   

2. The crossing has only cross-bucks mounted on poles as the sole warning device. The roadway is a limerock reinforced dirt road originally extending from Highway 41 eastward across the railroad spur to terminate less than one- half mile east of the railroad. At present the roadway is overgrown with vegetation and is passable only in the immediate vicinity of the railroad crossing.

3. The roadway was originally used to service a farm and ranching operation which has now been abandoned and it appears that there is little or no use of said roadway.

   
   

   CONCLUSIONS OF LAW

   
   

4. 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."

   
   

5. It appears that there is no necessity for the crossing which is the subject of this hearing. The Deltona Corporation and the Florida Department of Transportation are in agreement that the crossing has been abandoned and therefore it is in the interest of the safety of the public that said crossing be closed and the roadway leading up to the crossing be barricaded and the cross-bucks and pole removed.

RECOMMENDATION

Close existing railroad crossing at Citrus Springs Boulevard and Seaboard Coastline Mile-post 763.

DONE and ORDERED this 8th 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:

George L. Waas, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32304

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

James L. Shroads, Esquire 2350 S. W. 3rd Avenue Miami, Florida 33129

Docket for Case No: 76-001257

Orders for Case No: 76-001257