The Issue Whether an at-grade crossing in the vicinity of Garden Street in Jacksonville, Florida, where point of switch is 2.006 feet northwest of Georgia Southern and Florida Railway Company mile post 253 and the crossing is 2,082 feet southwest of mile post 1 off lead track should be opened.
Findings Of Fact By application the Georgia Southern and Florida Railway Company seeks a permit to open a public railroad crossing in the vicinity of Garden Street in Jacksonville, Florida, where point of switch is 2.006 feet northwest of Georgia Southern and Florida Railway Company mile post 253 and the crossing is 2,082 feet southwest of mile post 1 off lead track. New Duval is a residential and light industrial development which requires the transportation of building materials and equipment for its construction and upon its completion will require transportation services for the light industries and the public in general. There are no practical means of transportation other than railroad services for this development and therefore, there is a need for a railroad crossing at Garden Street to complete the extension of rail services to New Duval. The applicant presently owns the property line adjacent to and on either side of Garden Street and the proposed crossing will not require a change in the course of any street or highway. The conditions and topography of the area are such that the railroad and highway can compatibly cross on the same surface at Garden Street. The applicant is prepared to comply with the design, standards and procedures of the city of Jacksonville as set forth in the Ordinance code of the City of Jacksonville. The applicant has received from the Interstate Commerce Commission a Certificate of Public Convenience and Necessity to construct and operate the line in question. Applicant is authorized to do business in the State of Florida and has pending its application for approval of extending the line with the Department of Environmental Regulation, State of Florida. The Florida Department of Transportation has considered the proposed safety devices as indicated on the application and has concurred that the standard side mount flashing lights and bells signalization is adequately safe as required for the conditions. There is a need for rail transportation in the contemplated industrial park which is a 5200 acre track of land of which some 3,000 acres will be industrialized.
The Issue Whether Respondent has committed a discriminatory act with respect to public accommodations in violation of Chapter 760, Florida Statutes, and if so, what remedy should be provided.
Findings Of Fact Petitioner is an African-American woman living in the Gainesville area. She is married and has children. On November 15, 2006, Petitioner went to the Days Inn at 7516 Newberry Road to make a reservation for her mother and sister. She was dressed casually and had her children with her. When she arrived at the Days Inn, she spoke with John Osley, who was later identified as the manager of the hotel, and asked if all the rooms were entered from the outside. He told her that the Newberry Road hotel had outside rooms only but that the Days Inn on Archer Road had internal corridors. Mr. Osley asked what dates she wanted to reserve. She told him November 23-24, which was Thanksgiving Day and the day after. Mr. Osley told her there were no rooms available those days because the hotel was the host hotel for a race-car event. She asked about cancellations and he told her to call back closer to the dates she needed the room to see if there were any. He gave her a business card for a person at the front desk. Upon her request, he allowed her to look at one of the rooms. Petitioner thanked Mr. Osley and left. After she left the hotel, she felt that she had not been treated appropriately. That evening, she checked on the Days Inn internet website to see if any rooms at the Newberry Road location were available online for November 23-24. She was able to make a reservation for the desired days via the internet. Ultimately, her mother opted to stay at another hotel. As a result, the reservation at the Days Inn was canceled. Petitioner was angry because she felt she had been mistreated at the hotel, and wrote to Joseph Kante, whom she identified as being in a management position for Days Inn. She also e-mailed him and within 24-hours, she received an apology from him. However, according to Petitioner, Mr. Kante indicated that each Days Inn is responsible for itself and the person she needed to speak to regarding the Days Inn on Newberry Street was John Osley. Petitioner returned to the Days Inn on Newberry Road in an effort to speak with Mr. Osley, and also called the hotel. Each time, Mr. Osley was not present and she never spoke with him about her concerns. After her attempts to reach him were unsuccessful, she filed her complaint with the Commission. No evidence was presented regarding any other person of any race seeking a room at the same time as Ms. Henderson who was able to reserve a room when she could not. No evidence was presented indicating that Mr. Osley was not being truthful when he stated that no rooms were available when Ms. Henderson originally sought to reserve a room.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered that dismisses Petitioner's claim. DONE AND ENTERED this 27th day of September, 2007, in Tallahassee, Leon County, Florida. S Hearings Hearings LISA SHEARER NELSON Administrative Law Judge Division of Administrative The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative this 27th day of September, 2007. COPIES FURNISHED: Burnita Henderson 5010 Southwest 63rd Boulevard Gainesville, Florida 32608 John Osley Days Inn I-75 7516 Newberry Road Gainesville, Florida 32606 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
Findings Of Fact Based upon the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At all times pertinent to these proceedings, respondents Barry P. Rifkin and Flag Realty, Inc. were registered with the Florida Real Estate Commission as brokers, and respondent Sandra Mae Rifkin was registered as a broker-salesman. Respondents caused to be placed in the yellow pages of a Southern Bell Telephone and Telegraph Company telephone directory for Hollywood a full page advertisement containing the words "Free Appraisals by Licensed Real Estate Appraiser". As noted above, all the respondents were registered with the Florida Real Estate Commission, but none were specifically licensed as appraisers by any governmental or regulatory agency regulating only appraisers. Bobby Glenn Johnson, who was a broker for Flag Realty, Inc. at the time the ad was placed, had received on December 1, 1971, a certificate from an instructor of the Broward County Public Schools, Division of Vocational, Technical and Adult Education, certifying that ,he had met the requirements of a 36-hour course of training in real estate appraising. Prior to November or December of 1974, respondent Barry Rifkin and one Arnold Savader each held a fifty percent interest in Broward Investment Company. The purpose of this company was to purchase from the owner derelict houses needing repair or houses going into foreclosure, fix them up and then resell them. It appears from the testimony that at the time houses were originally purchased by Broward Investment, respondent Rifkin was nothing more than a silent partner an investor who at times gave advice to Savader regarding the value of the property to be purchased. After the houses were repaired or restored by Savader, they were listed with Flag Realty, Inc. for resale. The homes purchased were put in Savader's name, and only Savader's name appeared on the Company's business card. It appears that prior to purchasing the homes and listing them with Flag Realty, all contact with prospective clients was done by Savader. A form of advertising used by Broward Investment Company was a door- hanger advertisement stating in part "No Brokers Involved (No Commissions)". There was no evidence that brokers' commissions were ever charged to the sellers.
Recommendation In consideration of the findings of fact and conclusions of law recited above, it is recommended that the charges contained in the information based upon the offenses of misleading advertising be dismissed. Respectfully submitted and entered this 17th day of December, 1975, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
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
Findings Of Fact Respondent David A. Siegel (Siegel) formed a wholly owned corporation known as Central Florida Investments, Inc., (CFI) in approximately 1970. Thereafter, CFI acquired Investment Industries of Florida, Inc., (IIF) in approximately 1980. Siegel is President of both CFI and IIF and owns one-hundred percent of the stock in both corporations. On or about September 8, 1980, IIF purchased property in Lake County which was divided into Tract A and Tract B. Tract A consisted of approximately 120 acres, was subdivided into 49 lots, and was sold to individual purchasers by Paul W. Cotton and Paul A. Buzzella; real estate salesmen working for Siegel and IIF. Sales in Tract A occurred in 1980 and 1981 to approximately forty purchasers, and only one lot in Tract A was sold after December 1, 1981. The last sale in Tract A took place in February, 1983, was a referral, and did not involve Cotton or Buzzella. Paul W. Cotton formed First Orlando Properties (FOP) on or about September 17, 1981. On or about December 1, 1981 Cotton purchased six lots from IIF and Siegel in Tract B for the purpose of resale to individual purchasers. Tract B consisted of approximately 200 acres, subdivided into 48 lots. Based on the testimony of Cotton and Siegel, it is evident that Siegel had agreed to sell all of Tract B to Cotton in eight, six lot installments. This arrangement was for the financial convenience of Cotton, but an inference is drawn that Respondents benefited from Cotton's sales activity in Tract B through the periodic execution of each additional installment. After his purchase of the first installment consisting of six lots on or about December 1, 1981, Cotton sold no more lots in Tract A. Cotton admits that he "pre-sold" several lots in Tract B prior to FOP acquiring its interest in these lots on December 1, 1981 and while he was still selling lots in Tract A for Siegel and IIF. The Agreement of Purchase and Sale for six lots in Tract B which Cotton received on or about December 1, 1981 incorrectly indicates that CFI was the property owner and seller. Siegel executed the Agreement on behalf of CFI. This was an error which Siegel admits since Tract B was actually owned by his other company, IIF. The same error as to the seller was made in the Agreements for each additional six lot installment executed on or about February 1, 1982, April 1, 1982, August 15, 1982, September 1, 1982, October 6, 1982, December 1, 1982, and April 1, 1983. Siegel has agreed to take whatever action is necessary to correct any title problems which purchasers in Tract B may have as a result of this error. Respondents did not register the land in question located in Lake County with Petitioner at any time material hereto, nor is there evidence that purchasers were afforded a reasonable opportunity to examine a public offering statement concerning such land prior to its sale. There were less than fifty (50) lots each in Tracts A and B at all times material hereto, and these tracts are contiguous. Cotton sold lots in both tracts, and pre-sold approximately thirty-six lots in Tract B while he was selling lots in Tract A and before he acquired any interest in Tract B. There were also several purchasers in common in both tracts. There were less than forty-five (45) purchasers each in Tracts A and B, but combining the purchasers in each tract there were more than forty-five (45) purchasers of the land in question in this case located in Lake County.
Recommendation Based upon the foregoing, it is recommended that Petitioner enter a Final Order which: Dismisses all charges in Case No. 85-0008 against Respondent Central Florida Investments, Inc. Imposes an administrative fine of $5000 each against Respondents Investment Industries of Florida, Inc. and David A. Siegel in Case Nos. 85-0009 and 85-0010 for a total fine of S10, 000. Requires Respondents to correct, within ninety (90) days, any title problems which purchasers in Tract B may have as a result of the matters set forth in Finding of Fact 5. Requires Respondents to cease and desist from offering or disposing of any interest in subdivided land which is subject to this proceeding until a valid order of registration is obtained. DONE and ENTERED this 21st day of April, 1986, at Tallahassee, Florida. DONALD D. CONN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 Filed with the Clerk of the Division of Administrative Hearings Filed with the Clerk of the Division of Administrative Hearings this 21st day of April, 1986. COPIES FURNISHED: Thomas A. Klein, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Leonard Lubart, Esquire Michael Marder, Esquire 12000 Biscayne Boulevard Suite 204 North Miami, Florida 33181 James Kearney, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 APPENDIX Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact 1. Although the evidence is consistent with this proposed finding, it is not adopted since it is unnecessary. Adopted in Finding of Fact 2, 3. Rejected in part in Finding of Fact 2, and adopted in part in Finding of Fact 3. Adopted in part in Finding of Fact 3, 4, but rejected in part in Finding of Fact 7 and as otherwise not based on competent substantial evidence. Adopted in part in Finding of Fact 2, but otherwise rejected as irrelevant and unnecessary. Rejected as irrelevant, not based on competent substantial evidence, and as a conclusion of law rather than a finding of fact Adopted in part in Finding of Fact 3, 7, 8. Rulings on Respondents' Proposed Finding of Fact: (Respondent has not numbered its proposed findings of fact, and therefore in order to make a ruling on proposed findings of fact paragraphs on pages 3 through 20 under the heading Findings of Fact have been consecutively numbered.) Adopted in Finding of Fact 2. Adopted in Finding of Fact 1. Adopted in Finding of Fact 5. Rejected as a conclusion of law Adopted in Finding of Fact 2. Adopted in Finding of Fact 3. Adopted in part in Finding of Fact 7, but otherwise rejected as simply a statement of position. 8, 9. Rejected as simply a summary of testimony. Adopted in part in Finding of Fact 2, but rejected in part in Finding of Fact 3. Rejected as simply a statement of position Adopted in Finding of Fact 2. Rejected as irrelevant and unnecessary. 14, 15. Adopted in part and rejected in part in Finding of Fact 3. 16. Adopted in Finding of Fact 2, 3. 17-30. Rejected as simply the party's summation of testimony and evidence, as conclusions of law and otherwise not based on competent substantial evidence. Adopted in Finding of Fact 7 Adopted and rejected in Finding of Fact 8. 33, 34. Rejected as simply an excerpt of testimony. Rejected in part in Finding of Fact 8 Rejected as not a proposed finding of fact.
The Issue Whether respondent violated Section 498.023, Florida Statutes, by offering or disposing of an interest in subdivided lands (Pinecrest Estates) without first registering it or delivering a public offering statement to the purchasers and, if so, what penalty should be assessed or affirmative action ordered.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Division enter an order assessing a $10,000 civil penalty against respondent for its violation of Chapter 498 Florida Statutes; requiring respondent to fully disclose the adverse features of the Pinecrest Estates property to each of its prior purchasers, such disclosure to be accomplished in a manner approved by the Division; requiring respondent to offer and make full refunds to its prior purchasers who desire a refund, such refunds to be made in a manner approved by the Division and conditioned only on reconveyance of the land to the respondent or recission of the agreement for deed; and requiring respondent to record in the official records of St. Johns County, Florida, all outstanding agreements for deeds covering lots belonging to prior purchasers who, after disclosure, choose not to request refunds. DONE AND RECOMMENDED this 11th day of January, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of January, 1983.
The Issue Whether a railroad crossing located at Florida East Coast Line Railroad Mile Post 175.49 should be closed.
Findings Of Fact The City of Rockledge, Florida is constructing a road in the incorporated limits of the city, known as Rovac Parkway. The road has not been completed, but when completed, it will consist of two ten foot driving lanes running east and two ten foot driving lanes running west with a twelve foot median strip and fourteen foot shoulders. This road is scheduled to intersect the Florida East Coast Line Railroad at Mile Post 175.57, and would cross the railroad with the same given dimensions as described above. After crossing the railroad, the Rovac Parkway would intersect with U.S. 1, also known as State Road 5. There is pending with the State of Florida, Department of Transportation, an application far driveway permit from the Rovac Parkway into U.S.1 (State Road 5), and a copy of the application for permit is found in the City's Exhibit #4 entered into evidence in this hearing. The area for which the application for at-grade crossing pertains is zoned R-2. In the general area of the proposed crossing it is intended that a industrial plant be built by Rovac, Inc., a firm from Maitland, Florida. The Florida East Coast Line Railroad which runs through the City of Rockledge is a single track line which runs roughly north and south and 66 percent of the population of the City of Rockledge, is located west of the Florida East Coast Line Railroad, with the remaining 34 percent found east of the Florida East Coast Line Railroad. The population in the City of Rockledge at the time of the hearing was 11,467 people. If the subject railroad crossing was open and the Rovac Parkway completed, approximately 35 percent of the 66 percent of the population lying west of the Florida East Coast Line Railroad would be using the at-grade crossing. The nearest at-grade crossing with signalization is found 1/2 mile north of the proposed crossing at Barton Road, and the implementation of an at-grade crossing at the subject location would releave the traffic at Barton Road and promote safe crossing of the Florida East Coast Line Railroad found in the City of Rockledge. Immediately north of the proposed at-grade cressing and identified as Nile Post 175.49 is an unprotected at-grade crossing. This crossing services a roofing company which services the public and also services a number of homes in the immediate vicinity of the existing crossing. If the new at-grade crossing at Mile Post 175.57 were permitted, the people who utilize the crossing at Mile Post 175.49 would be serviced by the new crossing. This service would be affected by an extension of an existing road known as Edwards Drive, from its present location to intersect with Rovac Parkway at right angles immediately west of the intersection of the proposed crossing with the Florida East Coast Line Railroad. The land that is necessary for the extension of Edwards Drive has been deeded to the City of Rockledge but has not been dedicated, A and public hearings have been held on the question of the service of those persons in the vicinity at the present at-grade crossing, in addition to public hearings on the extension of Edwards Drive. The location of the proposed crossing and the existing crossing at Mile Post 175.49, and their relationship to other landmarks in the area can be seen through the City's Exhibit #13, admitted into evidence. At the time of hearing, eight north and south bound freight trains and two local freight trains operated in the vicinity of the present crossing at Mile Post 175.49 and the contemplated crossing at Mile Post 175.57. The time schedule for the northbound freight trains is 3:00 A.M., 4:00 A.M., 5:00 A.M., 9:00 A.M., 2:00 P.M., 3:00 P.M., 4:00 P.M. and 7:00 P.M. The time schedule for the south bound freight trains is 10:45 A.M., 3:45 P.M., 7:00 P.M., 8:00 P.M. 9:00 P.M., 10:45 P.M., 11:45 P.M. and 6:30 A.M. The two local freight trains run at approximately 4:00 A.M. and 12:00 noon. The speed limit in the area of the crossing at Mile Post 175.49 and the proposed crossing at Mile Post 175.57 is 60 WH for the railroad. There is a left curve approximately 1,550 feet south of the proposed crossing. All parties to the hearing feel that it is necessary to have signalization at the proposed at-grade crossing. The witness for the City acknowledged the need for such an arrangement. The spokesman for the Railroad felt that the crossing should be controlled by an automatic system with flashing lights, ringing bells, and gates, which was train activated, and the witness of the Department of Transportation felt that the safety equipment at the proposed at-grade crossing should be a Type IV, with cantilevered flashing lights, ringing bells and gates. The some witnesses stressed that the existing crossing at Mile Post 175.49 was not signalized and therefore was much more dangerous than a signalized crossing, such as the proposed crossing at Mile Post 175.57. Exhibits which were offered in the course of the bearing which address the propriety of opening a crossing at Mile Post 175.57 and closing the crossing at Mile Post 175.49 were as follows: Exhibit #1, by the City, is a map of the City of Rockledge; Exhibit #2, by the City, is a comprehensive land use plan of the City; Exhibit #3, by the City, is a resolution of the City Council, City of Rockledge, proposing the opening of the crossing at Mile Post 175.57; Exhibit #6, by the City, a traffic count at the Barton crossing; Exhibit #11, by the City, a resolution of the Brevard Economic Development Commission concerning the impact of such a development; and Exhibit #12, by the City, a drawing of the extension of Edwards Drive and the construction of the Rovac Parkway, together with the present crossing and the proposed crossing.
Recommendation It is recommended that the application for closing the Florida East Coast Line Railroad crossing at Mile Post 175.49 be granted, contingent upon the opening of a signalized railroad crossing at Florida East Coast Line Railroad Mile Post 175.57. DONE and ENTERED this 2nd day of July, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Walter C. Sheppard, Esquire City Attorney, for Rockledge 115 Harrison Street Cocoa, Florida 32922 Charles B. Evans, Esquire Florida East Coast Line Railroad One Malaga Street St. Augustine, Florida 32084 Philip Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street Haydon Burns Building Tallahassee, Florida 32304
