STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION, )

)

Petitioner, )

)

vs. ) CASE NO. 88-5068

)

CITY OF WILTON MANORS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on July 27, 1989, in Fort Lauderdale, Florida, before Stuart M. Lerner, a duly designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Charles G. Gardner, Esquire

Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458

For Respondent: George Richardson, Jr., Esquire City Attorney

City of Wilton Manors

524 Northeast 21st Court Wilton Manors, Florida 33305

STATEMENT OF THE ISSUES

1. Whether the segment of N.E. 26th Street from Old Dixie Highway to its easternmost point in the City of Wilton Manors should be reclassified as an Urban Collector and reassigned to the City's road system as proposed by the Department of Transportation?

   
   

2. Did the Department of Transportation comply with the requirements of Florida Administrative Code Rule 14-12.013(5) in connection with its proposed reclassification and reassignment of this road segment?

   
   

3. If not, what remedial action, if any, should be taken?

PRELIMINARY STATEMENT

By letter dated August 23, 1988, the City of Wilton Manors requested a formal hearing on the Department of Transportation's proposed functional reclassification of "N.E. 26th Street, from Old Dixie Highway to the east city limits, from a County Minor Arterial, to a City Collector." The matter was referred to the Division of Administrative Hearings on October 13, 1988, for the assignment of a Hearing Officer to conduct the hearing the City had requested.

The formal hearing in this case was originally scheduled for December 14, 1988, but was continued until February 7, 1989, at the Department's request.

The hearing was continued a second time because it appeared, in light of the First District Court of Appeal's January 27, 1989, opinion in City of Destin v. Department of Transportation, Case No. 87-925, that there was an absence of statutory authority to conduct such a hearing. The First District Court of Appeal, however, subsequently withdrew its January 27, 1989, opinion in City of Destin and held in that case that the Department's functional reclassification of a roadway is subject to the provisions of Chapter 120, Florida Statutes.

Accordingly, the hearing in the instant case was thereafter rescheduled for July 27, 1989.

At hearing, the Department presented the testimony of two witnesses: Morris Wiseman, the Department employee who gathered the data and performed the calculations that led to the Department's preliminary determination to reclassify and reassign the road segment which is at issue in the instant case; and J. Douglas O'Hara, Jr., another Department employee. The Department also offered three exhibits into evidence: a copy of the traffic count data upon which Wiseman relied in making his calculations; a copy of the July 29, 1988, letter sent by the Department to the Mayor of the City of Wilton Manors advising him of the proposed reclassification and reassignment which are in controversy in the instant case; and a copy of the City's August 23, 1988, letter to the Department questioning the proposed reclassification and reassignment and requesting a formal hearing on the matter. All three of these exhibits were admitted. Two witnesses testified on behalf of the City: Wallace A. Payne, Wilton Manors' City Manager; and Neal B. Janov, the City Engineer for Wilton Manors. In addition to the testimony of these two witnesses, the City offered as an exhibit a map depicting the location of N.E. 26th Street relative to certain other roadways in the area. This exhibit was received into evidence.

The parties were advised on the record at hearing that they had to file their post-hearing pleadings within fifteen days of the filing of the hearing transcript with the Division of Administrative Hearings. The hearing transcript was filed with the Division on August 4, 1989, the day after the City had filed a written Memorandum in support of its position in this cause. The Department filed its Proposed Recommended Order on August 17, 1989. The Proposed Findings of Fact set forth in Department's Proposed Recommended Order have been carefully considered and are addressed in the Appendix to this Recommended Order.

FINDINGS OF FACT

Based upon the evidence received at hearing, the Hearing Officer makes the following Findings of Fact:

1. N.E. 26th Street is an east-west artery that lies entirely within the incorporated area of Broward County. Its western terminus is North Andrews Avenue. As it runs east from North Andrews Avenue, it intersects with Old Dixie Highway and then North Federal Highway before ending in a cul-de-sac. The length of N.E. 26th Street from North Andrews Avenue to North Federal Highway is approximately two miles.

   
   

2. A short distance west of where it intersects with North Federal Highway, N.E. 26th Street crosses over a bridge. The middle of the bridge marks the jurisdictional boundary between the City of Wilton Manors and the City of Fort Lauderdale. To the West of this boundary line, N.E. 26th Street is entirely within the corporate limits of the City of Wilton Manors. The

   remaining portion of N.E. 26th Street is wholly within the corporate limits of the City of Fort Lauderdale.

   
   

3. From North Andrews Avenue to Old Dixie Highway (hereinafter referred to as "Segment 1"), N.E. 26th Street is a two-way, two-lane roadway with a posted speed limit of 30 miles per hour. Since 1978, Segment 1, which travels through a primarily residential area of the City of Wilton Manors, has been functionally classified as an Urban Collector and has been the jurisdictional responsibility of the City of Wilton Manors. The functional classification and jurisdictional assignment of Segment 1 are not in dispute in the instant case.

   
   

4. From Old Dixie Highway to North Federal Highway (hereinafter referred to as "Segment 2"), N.E. 26th Street passes through a primarily commercial area and has a posted speed limit of 35 miles per hour. This portion of N.E. 26th Street has two eastbound lanes and two westbound lanes. It also has a turning lane separating eastbound and westbound traffic.

   
   

5. The Department has proposed to change the functional classification of Segment 2 from a Minor Arterial to an Urban Collector and to reassign jurisdictional responsibility for Segment 2, to the extent it lies within the corporate limits of the City of Wilton Manors, from Broward County to the City. The instant controversy concerns these proposed actions.

   
   

6. In 1987, the Department began the process of reevaluating the functional classification and jurisdictional assignment of all roads and road segments in Broward County, including Segment 2. Evaluation points were awarded to each of these roads and road segments in accordance with the Department's rules.

   
   

7. Data collected by the Department reflected that the Average Daily Traffic on Segment 2 was 16,540 vehicles. Accordingly, Segment 2 was given seventeen points for traffic volume. It was also awarded two points for length; fifteen points for number of lanes; five points for speed; and fifteen points for being a divided roadway, for a total of 54 points.

   
   

8. Other roads and road segments in Broward County received more evaluation points than did Segment 2. The combined length of these other roads and road segments with a higher point total than Segment 2 was not less than 416 miles. Therefore, the Department determined that Segment 2's functional classification should be changed from a Minor Arterial to an Urban Collector. Because N.E. 26th Street lies entirely within the incorporated area of Broward County, the Department further determined that the jurisdictional responsibility for Segment 2 should be reassigned to the City of Wilton Manors and the City of Fort Lauderdale, with the former exercising responsibility for that portion of the road segment within its corporate limits and the latter doing the same with respect to that portion of Segment 2 within its corporate boundaries.

   
   

9. On July 29, 1988, following a public hearing on the matter, the Department sent a letter to the Mayor of the City of Wilton Manors advising him, among other things, of the foregoing conclusions it had reached regarding the appropriate functional classification of Segment 2 and the assignment of jurisdictional responsibility for this road segment. The letter was not sent by certified mail, return receipt requested.

   
   

10. The City of Wilton Manors received the letter on August 4, 1988. By letter dated August 23, 1988, it requested that the Department reconsider its determination to functionally reclassify that portion of Segment 2 within the

    corporate limits of the City and to reassign it to the City's road system. In its letter, the City requested a formal hearing on the matter.

    
    

    CONCLUSIONS OF LAW

    
    

11. The Department of Transportation is statutorily responsible for functionally classifying all public roads and road segments in the State of Florida and assigning all such roads and road segments to the appropriate public road system (State Highway System, County Road System or City Street System) based on their functional classifications. It must perform this task once every five years. Section 335.04, Fla. Stat.

    
    

12. Because Broward County is an urbanized area, a road or road segment in the County may be classified as either, in descending order of significance, an Urban Principal Arterial, Urban Minor Arterial, Urban Collector, or Local road.

    
    

13. Urban Principal Arterial roads are "routes which generally serve the major centers of activity of an urban area, the highest traffic volume corridors, and the longest trip purpose and carry a high proportion of the total urban area travel on a minimum of mileage." Section 334.03(29), Fla. Stat.

    
    

14. Urban Minor Arterial roads are "routes which generally interconnect with and augment urban principal arterial routes and provide service to trips of shorter length and a lower level of travel mobility." Section 334.03(28), Fla. Stat.

    
    

15. Urban Collector roads are routes in urbanized areas which provide service "of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed." Such a road also "collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs." Section 334.03(4), Fla. Stat.

    
    

16. Local roads are routes providing service "which is of relatively low average traffic volume, short average trip length or minimal through-traffic movements, and high land access for abutting property." Section 334.03(13), Fla. Stat.

    
    

17. Florida Administrative Code Rule 14-12.016 contains the criteria to be used in determining which of these classifications is appropriate. In accordance with this rule, all roads and road segments in a particular urbanized area are awarded evaluation points based on their functions and characteristics. Thirty points are awarded if the roadway "serves a function assigned to the State Highway System by Florida Statute or the Florida Transportation Plan."

    For each 1,000 vehicles that travel on the roadway on a average daily basis, the roadway receives one point. For each mile or fraction of a mile of the roadway, it also receives one point. A roadway receives five points if it has two or fewer lanes. If it has three lanes it receives ten points. A roadway with more than three lanes receives fifteen points. If a roadway has a posted speed limit of 35 miles per hour or less it receives five points. If the posted speed limit is between 36 and 45 miles per hour, ten points are awarded. Fifteen points are awarded if the posted speed limit is greater than 45 miles per hour. A divided roadway receives fifteen points, whereas a non-divided roadway is awarded only five points.

    
    

18. Pursuant to Florida Administrative Code Rule 14-12.016, a roadway's functional classification depends on the total number of evaluation points it receives relative to the total number of evaluation points awarded to all other

    roadways in the urbanized area. "Urban Principal Arterial roads will be those with the highest points and local roads will be those with the lowest points." The rule further provides that, in Broward County, the "number of miles in the principal and minor arterial functional classification categories" shall not exceed 408 miles. To be consistent with the provisions of Section 334.03(20)(d), Florida Statutes, however, as the Department's representative conceded at hearing, the cap should actually be 416 miles. Therefore, if a roadway in Broward County receives fewer total evaluation points than the highest ranking 416 miles of roadways in the County, it can be functionally classified no higher than an Urban Collector.

    
    

19. Such is the situation in the instant case with respect to that portion of N.E. 26th Street from Old Dixie Highway to Federal Highway (Segment 2). The total number of evaluation points to which it is entitled pursuant to Florida Administrative Code Rule 14-12.016 is insufficient to place it among the top 416 miles of roadways in Broward County. It therefore is ineligible for classification as an Urban Principal Arterial or Urban Minor Arterial. Of the two remaining available classifications, Urban Collector and Local road, the former is the most appropriate in view of the functions and characteristics of Segment 2.

    
    

20. "The county road system of each county consists of all collector roads in the unincorporated areas and all extensions of such collector roads into and through any incorporated area, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System." Section 334.03(7), Fla. Stat. "The city street system of each municipality consists of all local roads within that municipality, and all collector roads inside that municipality, which are not in the county road system." Section 334.03(3), Fla. Stat. Florida Administrative Code Rule 14-12.016(2)(c) similarly provides as follows regarding the jurisdictional assignment of roadways to municipalities:

    
    

    The City Street System will consist of the following roads:

    1. Urban Collector roads totally inside the incorporated area.

    2. Local roads that are inside the incorporated area.

       
       

21. All portions of N.E. 26th Street, including Segment 2, lie inside the incorporated area of Broward County. Accordingly, as a result of its functional classification as an Urban Collector, Segment 2, to the extent that it is inside the corporate limits of the City of Wilton Manors, should become the jurisdictional responsibility of the City pursuant to the foregoing statutory and rule provisions.

    
    

22. Florida Administrative Code Rule 14-12.013(5) provides as follows:

When the Department has completed the evaluation of a public road and concluded that the road has changed functions, within 30 days the Department shall send written notification by certified mail, return receipt requested, to all affected governmental entities.

The City of Wilton Manors contends that the Department failed to follow the requirements of this rule provision in the instant case inasmuch as the letter from the Department notifying the City of the proposed functional reclassification of Segment 2 was not sent by certified mail, return receipt requested. Although the letter of notification was not sent by certified mail, return receipt requested, as prescribed by the above-cited rule provision, it was nonetheless received by the City, which thereafter requested, and was subsequently granted, a formal hearing on the Department's proposed action.

Accordingly, the Department's failure to fully comply with the requirements of Florida Administrative Code Rule 14-12.013(5) has not in any way prejudiced the City. Because the Department's error was harmless, there is no need for the Department to take any corrective action.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED that the Department of Transportation enter a final order functionally reclassifying that portion of N.E. 26th Street from Old Dixie Highway to the easternmost point of the City of Wilton Manors as an Urban Collector and assigning jurisdictional responsibility of this road segment to the City.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th of August, 1989.

STUART M. LERNER

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of August, 1989.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-5068

The following are the Hearing Officer's specific rulings on the Proposed Findings of Fact submitted by the Department of Transportation:

1. Accepted and incorporated in substance in this Recommended Order.

2. Rejected as not supported by competent substantial evidence. It appears from the date stamp on the Department's July 29, 1988, letter to the City that it was received by the City on August 4, 1988, not August 9, 1988.

3. Accepted and incorporated in substance in this Recommended Order, to the extent that it addresses Segment 2 of N.E. 26th Street. Insofar as it asserts that the Department proposes to functionally reclassify other segments of N.E. 26th Street, it is rejected as not supported by competent substantial evidence.

4. Rejected as unnecessary.

5. Rejected as more in the nature of a conclusion of law than a finding of fact.

6. Rejected as more in the nature of a conclusion of law than a finding of fact.

7. Rejected as more in the nature of a conclusion of law than a finding of fact.

8. Accepted and incorporated in substance in this Recommended Order.

9. Accepted and incorporated in substance in this Recommended Order.

10. Accepted and incorporated in substance in this Recommended Order.

11. Accepted and incorporated in substance in this Recommended Order.

12. Accepted and incorporated in substance in this Recommended Order.

13. Rejected as contrary to the greater weight of the evidence.

COPIES FURNISHED:

Charles G. Gardner, Esquire Haydon Burns Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0458

George Richardson, Jr. City Attorney

City of Wilton Manors

524 N.E. 21st Court

Wilton, Manors, Florida 33305

Kaye N. Henderson, Secretary Department of Transportation 605 Suwannee Street, M.S. 58

Tallahassee, Florida" 32399-0450

Thomas H. Bateman III, Esquire General Counsel

Department of Transportation 605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399-0450

Docket for Case No: 88-005068

Orders for Case No: 88-005068