Notice of Development of Rulemaking

DEPARTMENT OF TRANSPORTATION
RULE NO: RULE TITLE
14-51.010: Purpose
14-51.011: Definitions
14-51.014: General Criteria
14-51.061: TODS Program Implementation
14-51.062: General Criteria for TODS on the SHS
14-51.063: TODS Location and Placement on the SHS
14-51.064: Trailblazers
14-51.065: Design
PURPOSE AND EFFECT: A new Part VI Tourist-Oriented Directional Signs is being adopted to implement provisions of Section 479.262, F.S. In addition to adding the new requirements for TODS on the State Highway System, there are some required amendments to Part I, including revising the Purpose, Definitions, and General Criteria rules. Some documents incorporated by reference under subsection 14-51.014(8), F.A.C., are revised and updated, requiring the revised documents to be incorporated by reference.
SUBJECT AREA TO BE ADDRESSED: This rule chapter amendment adopts a new Part VI Tourist-Oriented Directional Signs to implement provisions of Section 479.262, F.S., and amends some existing rules in Part I.
SPECIFIC AUTHORITY: 316.0745, 316.0745, 479.262 FS.
LAW IMPLEMENTED: 316.0745, 316.0745, 479.262 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14-51.010 Purpose.

(1) This rule chapter will provide for a system of supplemental guide signing that will perform the following functions:

(a) Inform and guide motorists to the needed signed facilities and services.

(b) Improve traffic flow at interchanges or intersections near destinations that generate a large volume of traffic.

(c) Establish criteria for the erection of supplemental guide signs and general service signs.

(2) This rule chapter applies follows the requirements for supplemental guide signs, and general service signs, wayfinding guide signs, and tourist-oriented directional signs, as stated in the applicable sSections 2D, 2E, 2F, and 2H of the Manual on Uniform Traffic Control Devices.

Specific Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended________.

 

14-51.011 Definitions.

As used in this rule chapter, the following words and phrases shall have the following meanings.

(1) through (16) No change.

(17) “Tourist-Oriented Directional Signs” are guide sign assemblies that display individual sign panels providing business identity of and directional information for business, service, and activity facilities.

(18)(17) “Trailblazers” means signs erected at strategic locations, usually along major urban arterials in conjunction with the signing of a major destination, tourist attraction, or general service facility on a limited access facility.

(19)(18) “Unincorporated Area” means as defined in Section 153.53(1), F.S.

(20)(19) “Wayfinding Sign” means a directional guide sign that guides the traveling public to key civic, cultural, visitor, and recreational destinations within a specific region.

(21)(20) “Wayfinding Sign System Plan” means the location area, design, engineering, and sign plan submitted to the Department for approval.

Specific Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 5-8-06,________.

 

14-51.014 General Criteria.

(1) through (7) No change.

(8) The proposed design, location, materials, and support structure must fully comply with current Department’s Design Standards Indices Numbered 9535, 11860, 11861, 11862, 11863, 11864, 11865, and 17302, and Sections 700 and 994, “Retroreflective and Nonreflective Sign Sheeting,” from the Standard Specifications for Road and Bridge Construction, 2004 edition. These documents, incorporated herein by reference, can be downloaded at the following locations:

http://www.dot.state.fl.us/rddesign/rd/RTDS/08/11200.pdf;

http://www.dot.state.fl.us/rddesign/rd/2008Interims/11860B.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/08/11860.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/17302.pdf;

http://www.dot.state.fl.us/specificationsoffice/2007BK/994.pdf;

http://www.dot.state.fl.us/specificationsoffice/2007BK/JanWorkBook 2008/SS9940304.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/9535.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/11860.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/11861.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/11862.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/11863.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/11864.pdf;

http://www.dot.state.fl.us/rddesign/rd/RTDS/04/11865.pdf;

http://www.dot.state.fl.us/specificationsoffice/2004BK/D994.doc.pdf

Specific Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended________.

 

PART VI TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS)

14-51.061 TODS Program Implementation.

(1) Part VI of this rule chapter provides to local governments criteria for Tourist-Oriented Directional signs (TODS) and guidance for the installation of TODS on the State Highway System (SHS) in accordance with the MUTCD.

(2) Prior to the installation of a TODS on the SHS, the Department must approve by permit the design, location, and placement for TODS based on the criteria established in this rule chapter.

(3) Prior to requesting a permit for TODS on the SHS, a local government shall have established by ordinance criteria for TODS program eligibility including participant qualifications and location regulations.

Specific Authority 479.262 FS. Law Implemented 479.26 FS. History–New________.

 

14-51.062 General Criteria for TODS on the SHS.

(1) Participation in a TODS program on the SHS is limited to tourist-oriented businesses, services, and activities, including those involving seasonal agricultural products, that:

(a) Are physically located in rural counties meeting the criteria and population as referenced in Section 288.0656, F.S., and

(b) Have obtained a TODS permit from their local government.

(2) To qualify as a TODS destination on the SHS, the tourist-oriented businesses, services, or activities shall meet the following minimum conditions:

(a) The major portion (51%) of income or visitors during the normal business season shall be from users not residing in the area (distance greater than 20 miles) of the destination. A business shall not qualify if admission or access is based on a membership fee or other means of exclusive admission, or where minors are excluded.

(b) All state and local building and occupational permits, licensing, and registrations shall be current and in good standing.

Specific Authority 479.262 FS. Law Implemented 479.26 FS. History–New________.

 

14-51.063 TODS Location and Placement.

(1) TODS may be installed on the SHS only after permit issuance by the Department.

(a) TODS on the SHS shall not be permitted by the Department if they interfere with the effectiveness of other traffic control devices.

(b) TODS shall only be permitted on the SHS at the nearest intersection providing the most practical route to the eligible facility. An additional sign may be approved at the closest SHS intersection with a roadway on the Strategic Intermodal System (SIS) when the nearest SHS intersection is not on a SIS facility.

(c) Each destination is limited to one sign panel in each direction of travel on the SHS.

(d) The maximum distance from the business to where a TODS may be placed on the SHS shall be 25 miles.

(e) If a facility with state road frontage is more than 10 miles from the nearest SHS intersection suitable for TODS installation, the jurisdiction with TODS authority may apply for a permit to sign for this facility with a “ONE MILE” advanced TODS sign on the SHS. This is the only instance an advanced sign may be permitted on the SHS.

(2) TODS on the SHS shall be limited to placement on rural conventional roads, as stated in the MUTCD. TODS shall not be placed within the right of way of limited access facilities. TODS shall not be located in the right of way of an expressway or freeway interchange regardless of jurisdiction or local road classification.

(3) The location of other official traffic control devices shall take precedence over the location of TODS. TODS shall have standard spacing with other traffic control devices shown in Table 2, subsection 14-51.014(7), F.A.C.

(4) The Department will remove without notice, and with no obligation to relocate the sign or compensate for its removal, any TODS on the SHS for highway safety or operational purposes or activities including construction, reconstruction, maintenance, or safety.

Specific Authority 479.262 FS. Law Implemented 479.26 FS. History–New________.

 

14-51.064 Trailblazers.

(1) In accordance with Rule 14-51.012, F.A.C., trailblazers shall be required if a motorist must navigate one or more turns to get from a local road intersection to the destination. All trailblazers required for guidance to a destination shall be in place on the local road system prior to installation of the TODS on the SHS.

(2) TODS and trailblazers, on either the state or local road system, may not be permitted within the boundaries of a Wayfinding Sign System Plan. Removal of TODS within the boundaries of a proposed Wayfinding Sign System Plan is a mandatory condition of Wayfinding Sign permit approval.

Specific Authority 479.262 FS. Law Implemented 479.26 FS. History–New________.

 

14-51.065 Design.

(1) The planning, design, installation, and maintenance of TODS and their supporting structures are the responsibility of the local government and must conform to the criteria in subsection 14-51.014(8), F.A.C., and the applicable sections of the MUTCD.

(2) If different supporting structures are proposed for use on the SHS, they shall be designed, constructed, and installed to meet the Department’s clear zone and safety criteria including breakaway features. The design shall be signed and sealed by a Professional Engineer registered in the State of Florida.

(3) TODS assemblies shall have a maximum of five panels on two posts. TODS assemblies that are designed for a single post shall have a maximum of two panels. The sign panels shall be rectangular in shape and have white lettering on a blue background. The optional top panel may have the text “TOURIST ACTIVITIES” and a pictograph that identifies the TODS program jurisdiction. The other four panels are reserved for qualifying destinations. The panel legend is limited to one destination identification, a pictograph or in its place a cultural, recreational, or general service symbol, the directional arrow, and destination distance. There is a maximum of two lines of legend per destination panel.

(4) General service, recreational, and cultural interest symbols may not be added as individual auxiliary sign panels to the TODS assembly, but may be contained in the individual panel with the business identification text, in the place of a pictograph. No other type of sign or legend may be added to a TODS assembly.

(5) After proper notice to the local government, the Department will remove any non-conforming panel.

Specific Authority 316.0745, 479.262 FS. Law Implemented 316.0745, 479.26 FS. History–New________.