STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA EAST COAST RAILWAY )

COMPANY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1614

) ST. LUCIE COUNTY and FLORIDA ) DEPARTMENT OF TRANSPORTATION, )

)

Respondents. )

)

RECOMMENDED ORDER

A Motion For Entry Of Recommended Order based upon a Stipulation of Facts together with a Memorandum of Law was submitted by counsel for all parties on November 18, 1976.

APPEARANCES

For Petitioner: John W. Humes, Jr., Attorney

Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida 32084

For Respondents: Ralph B. Wilson, Attorney

St. Lucie County Post Office Box 700

Ft. Pierce, Florida 33450

George L. Waas, Attorney

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304 ISSUE

Whether a permit should be granted for an at-grade crossing of a proposed Florida East Coast Railway private siding spur track to cross Glades Cut-Off Road at the Railway's Mile Post K-5 plus 2677'.

FINDING OF FACT

1. The parties filed a joint Stipulation of Facts by which it was shown that the Florida East Coast Railway Company filed an application with the Florida Department of Transportation on July 21, 1976, to cross Glades-Cut-Off Road, also known as Glades Road Cut-Off, in St. Lucie County, Florida, by a private siding track to serve Tropicana Products Sales, Inc. The turnout for the crossing will leave the main line of the railway at its Mile Post K-5 plus

   2677'. The crossing is more clearly shown on railway's Plan No. 550, July 26, 1976, which was furnished to the Department on August 13, 1976, and is incorporated in these Findings of Fact.

   
   

2. Glades Cut-Off Road is a well traveled road in the vicinity of the proposed crossing with a speed limit of 55 miles per hour. It is anticipated that the railway will make two switches per normal business day to the Tropicana plant. No through trains will use the crossing as the proposed track is for a private siding. The road does not curve in the immediate vicinity of the proposed crossing.

   
   

3. All of the parties to this hearing are in agreement that the crossing should be protected by manually operated flashing lights, gates and bells because of the traffic on Glades Cut-Off Road and the anticipated use of the private siding spur track by the railway. The County has granted to the railway the necessary easement to cross Glades Cut-Off Road in order to permit construction of the private siding spur track to the Tropicana plant.

   
   

4. All parties agree that the application to cross the road should be approved and state that they are not aware of any opposition to the application.

   
   

5. Right to a formal public hearing was waived by all parties.

   
   

6. The Stipulation of Facts and the Motion For Entry Of Recommended Order are incorporated as a part of this Order.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 338.21, Florida Statutes, provides in part that the Department of Transportation has regulatory authority over all railroad crossings in this state. The primary purpose of this law is to determine need and to reduce hazards inherent when highway traffic crosses railroad tracks. The evidence submitted demonstrates that there is a need for the subject railroad crossing and that manually operated flashing lights, gates and bells will safely protect both the train crew and the motoring public. Therefore the application for the opening of the crossing of Glades Cut-Off Road by the private siding spur track of the Florida East Coast Railway Company starting from the turnout of its track at Mile Post K-5 plus 2677' is appropriate.

RECOMMENDATION

It is recommended that the permit be granted and that the crossing be opened subject to the type of crossing protection equipment agreed on by the parties

DONE and ORDERED this 23 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:

John W. Humes, Jr., Attorney Florida East Coast Railway Company One Malaga Street

St. Augustine, Florida 32084

Ralph B. Wilson, Attorney St. Lucie County

Post Office Box 700

Ft. Pierce, Florida 33450

George L. Waas, Attorney

Florida Department of Transportation Haydon Burns Building

Tallahassee, Florida 32304

Docket for Case No: 76-001614

Orders for Case No: 76-001614