City of Palm Bay v. STATE, DOT

588 So. 2d 624, 1991 WL 204590
CourtDistrict Court of Appeal of Florida
DecidedOctober 14, 1991
Docket90-1203
StatusPublished
Cited by11 cases

This text of 588 So. 2d 624 (City of Palm Bay v. STATE, DOT) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Palm Bay v. STATE, DOT, 588 So. 2d 624, 1991 WL 204590 (Fla. Ct. App. 1991).

Opinion

588 So.2d 624 (1991)

CITY OF PALM BAY, Appellant,
v.
STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

No. 90-1203.

District Court of Appeal of Florida, First District.

October 14, 1991.
Rehearing Denied December 9, 1991.

*625 James C. Adkins, Leonard A. Carson and Lu Ann Snider, of Carson & Linn, P.A., John D.C. Newton, II of Aurell, Radey, Hinkle & Thomas, Tallahassee, and Nicholas F. Tsamoutales, Palm Bay, for appellant.

Maxine F. Ferguson, Appellate Atty., Vernon L. Whittier, Trial Atty., Thornton J. Williams, Gen. Counsel and Thomas F. Capshew, Asst. Gen. Counsel, Tallahassee, for appellee.

JOANOS, Chief Judge.

The City of Palm Bay appeals a final order of the Department of Transportation (DOT) which transferred jurisdiction of a *626 segment of Malabar Road from Brevard County to the City of Palm Bay. This is the second appearance of this matter before the court. The issues raised in this appeal are: (1) whether the court's opinion in the first appeal limited the issues to be addressed on remand, (2) whether the hearing officer abused his discretion in denying Palm Bay's motion to stay the case on remand pending resolution of Palm Bay's rule challenge, (3) whether the hearing officer abused his discretion in denying Palm Bay's motion to consolidate this proceeding and the rule challenge, and (4) whether a determination that Florida Administrative Code Rule 14-12.016 is invalid would change the law to be applied in this proceeding. We affirm.

In the prior appeal, the cause was reversed in part, and remanded for further findings with respect to Malabar Road for purposes of determining the applicability of Rules 14-12.016(2)(b)3. or 4. City of Palm Bay v. Department of Transportation, 541 So.2d 1295, 1297 (Fla. 1st DCA 1989). The remand directions form the predicate for determining the underlying issue in this case, i.e., whether the City of Palm Bay or Brevard County has jurisdictional responsibility for a segment of Malabar Road. The classification of a road determines whether the state, county, or city is financially responsible for its upkeep and maintenance.

DOT determines the classification and jurisdictional assignment of roads in urban areas by application of Florida Administrative Code Rule 14-12.016. Points are assigned to each road according to its function and characteristics. Roads with the highest points are classified as urban principal arterial roads; the number of miles in the principal and minor arterial road classifications is limited by Rule 14-12.016(1)(b)4. The county's jurisdictional responsibility for roads as set forth in Rule 14-12.016(2)(b) consists of:

1. Urban Minor Arterial roads totally within the urbanized area that are not on the State Highway System. Mileage assigned to the County within the urbanized area will not exceed the total mileage in Table 8... .
2. Urban Collector roads totally outside incorporated areas.
3. Urban Collector roads that extend from the unincorporated area into a municipality shall be the operational and maintenance responsibility of the county to the first full intersection with a road of like or higher functional classification within the municipality... .
4. Existing Urban Collector roads that extend from the unincorporated areas into the incorporated areas will remain under the jurisdiction of the entity to which they are presently assigned except as follows:
a. The road is classified to a higher, or lower functional classification; or
b. The municipal limits are changed to include the entire collector within the incorporated area; or
c. With mutual agreement between City and County.
5. Local roads outside the incorporated areas.

Under the provisions of Rule 14-12.016(2)(c), the city's jurisdictional responsiblity consists of the following roads:

1. Urban Collector roads totally inside the incorporated area.
2. Local roads that are inside the incorporated area.

As set forth in the prior opinion, in September 1987, DOT notified Palm Bay of road classifications and jurisdictional assignments within Brevard County. The Malabar segment and Conlan Boulevard remained Urban Collector roads, but DOT transferred jurisdictional responsibility for these roads to the City of Palm Bay. Prior to the transfer, they had been the jurisdictional responsibility of Brevard County. The statutes in effect in 1987 limited total mileage in the state highway system to 11,300 miles, excluding the interstate system. § 334.03(19), Fla. Stat. (1987).

Palm Bay requested and received a formal administrative hearing. DOT adopted the hearing officer's recommended order, which approved DOT's transfer of the road segments at issue to Palm Bay. 541 So.2d 1295. This court affirmed the transfer of jurisdiction over Conlan Boulevard to Palm *627 Bay, but reversed and remanded the transfer of jurisdiction over Malabar Road. 541 So.2d at 1297. On July 3, 1989, DOT issued its order of remand to the hearing officer. The remand order phrases the issues to be addressed thusly:

1. Whether Malabar Road extends from an unincorporated area into an incorporated area for purposes of determining the applicability of Florida Administrative Code Rules 14-12.016(2)3. or 4.
2. Whether Minton Road, at its intersection with Malabar Road is of a "like or higher functional classification within the municipality."

Effective July 1, 1989, and after the decision in the first appeal became final, DOT is prohibited from establishing a cap on the number of miles in the state highway system, or a maximum number of miles of urban principal arterial roads within a district or county. Ch. 89-232, § 10, Laws of Fla., codified at § 334.047, Fla. Stat. (1989). On July 12, 1989, Palm Bay petitioned the Division of Administrative Hearings to declare Florida Administrative Code Rules 14-12.015(1)(b), 14-12.016(1)(b)4, and 14-12.016(2)(b)3 invalid. Palm Bay also filed a motion to stay all proceedings until the conclusion of the rule challenge. In its motion for stay, Palm Bay alleged that if the petition were granted, some of the rules upon which the decision in the instant proceeding is based would no longer apply, and the invalidity of those rules would change the result of this proceeding.

DOT filed its notice of opposition to stay, urging that the outcome of the rule challenge would have no effect on the remand issued by this court. DOT further stated that the remand "was issued by the District Court of Appeal for a specific factual finding wherein the court applied the rule that was in effect at the time the case was heard and even if any part of the rule is found invalid, it will not be applied retroactively, and the Hearing Officer is without authority to go beyond the specific factual finding as directed by the remand of the Court."

The hearing officer concluded that the scope of his inquiry had been set by this court in its remand of the case. The hearing officer further determined that (1) transfer of jurisdiction of Malabar Road to the City of Palm Bay did not contravene Rule 14-12.016(2)(b)4, and (2) Minton Road is of like or higher functional classification with Malabar Road within the municipality and of like classification with Malabar Road at their intersection.

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Bluebook (online)
588 So. 2d 624, 1991 WL 204590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-palm-bay-v-state-dot-fladistctapp-1991.