14-20.0025: Definitions
14-20.003: Placement of Transit and School Bus Shelters
14-20.0032: Placement of Transit Bus Benches
14-20.0033: Competitive Public Bidding of Advertising
14-20.004: Public Transit Bus Stops
14-20.010: General Use Permits
PURPOSE AND EFFECT: Rule Chapter 14-20, F.A.C., is being restructured into a Part I and Part II, with the existing rules on bus stops, shelters, and benches remaining in Part I, and a new Part II General Use Permits. Three existing rules are being amended and one rule is to be repealed. The rule chapter title is being expanded to “Use of Department Right of Way” with the existing rules addressed in this amendment becoming Part I “Bus Stops, Benches, and Transit Shelters.”
SUMMARY: A new rule on General Use Permits is being adopted. The existing rules in the chapter will be in Part I with the new rule being in Part II. The overall rule chapter title is expanded to Use of Department Right of Way. Three existing rules related to bus stops, benches, and transit shelters are being amended and one rule is to be repealed. The rule chapter title is being expanded to “Use of Department Right of Way” with the existing rules addressed in this amendment becoming Part I “Bus Stops, Benches, and Transit Shelters.”
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2), 337.408(4), (6) FS.
LAW IMPLEMENTED: 334.044(13), 335.02(1), 337.408 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 FULL TEXT OF THE PROPOSED RULE IS:
USE OF DEPARTMENT RIGHT OF WAY BUS STOPS, SHELTERS, AND BENCHES
PART I BUS STOPS, SHELTERS, AND BENCHES
14-20.0025 Definitions.
(1) “Bench” means a seat designed for seating two or more persons, which is placed along a regular transit bus route at or near recognized transit bus stops.
(2)(1) “Department” means the Florida Department of Transportation.
(3)(2) “School Bus” means as defined in Section 316.003, F.S. any motor vehicle that complies with the color and identification requirements of Chapter 234, F.S., and is used to transport children to or from school or in connection with school activities.
(3) “School Bus Shelter” means a structure or facility located at a site designated and approved by the local school board to protect awaiting school children from the elements.
(4) “School Bus Stop” means a site designated and approved by the local school board for the purpose of loading and unloading school children.
(4)(5) “Shelter” means a structure or facility located at a designated site to protect passengers from the elements. “Shelter” refers to both public transit bus shelters and school bus shelters.
(5)(6) “Transit Bus” means any motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
(7) “Transit Bus Shelter” means a structure or facility located at a site designated and approved by the operating transit agency to protect passengers from the elements.
(8) “Transit Bus Stop” means a site designated and approved by the operating transit agency for the purpose of loading and unloading passengers.
(9) “Transit Bus Bench” means a seat designed for seating two or more persons, which is placed along a regular transit bus route at or near recognized transit bus stops.
Specific Authority 334.044(2), 337.408(4), (6) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 12-26-90, Amended 5-15-97,_________.
14-20.003 Placement of Transit and School Bus Shelters.
The appropriate city or county government in whose jurisdiction a transit or school bus shelter is to be located may approve, by written authorization, the erection and placement of a shelter. A shelter may be located on the right of way of a road Federal-Aid Highway or when it complies with the following:
(1) Shelters may be erected upon approval of proposed shelter locations and building plans, by the appropriate city or county government.
(1)(2) A transit bus shelter may be erected only at bus stops designated by a public transit agency or. (3) A school bus shelter may be erected only at bus stops designated by the local school board and identified as having service a minimum of ten times in a five-day period, excluding weekends and holidays.
(4) Transit bus shelters shall be located at a minimum of 12 feet from an intersection, as measured along the tangent line of the state road beginning at the point of the intersection of the radius of the connecting road and tangent of the state road.
(5) School bus shelters shall be located at a minimum of 50 feet from an intersection, as measured along the tangent line of the state road beginning at the point of the intersection of the radius of the connecting road and the tangent of the state road.
(2)(6) School bus Sshelters erected outside of the urban limits shall be spaced so that no more than two shelters are erected per mile of two-lane highway and no more than four shelters are erected per mile on highways with four or more lanes having a minimum of five foot unpaved median or a physical barrier.
(3)(7) Shelters are prohibited in medians and on limited access facilities.
(4)(8) The shelter location must meet the set back and minimum clear recovery zone requirements as established detailed in the Department’s Design Standards, Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index Number 700, entitled “Design Criteria Related to Highway Safety” incorporated herein by reference. Copies of Index Number 700 are available at: www.dot.state.fl.us/ rddesign/designstandards/standards.htm. The Department’s Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations on the
(5)(9) Shelters shall not be located within 15 feet of any fire hydrant or handicapped parking space.
(6)(10) A shelter shall not obstruct any sidewalk, bike path, pedestrian path, driveway, drainage structure, or ditch, etc., and shall provide at least three feet of clearance for pedestrian traffic.
(7)(11) Prior to the installation of the shelter, the impacted utility companies must be notified to determine location of utilities and prevent conflicts.
(8)(12) All shelter utility connections shall comply with Rule 14-46.001, F.A.C., and must be approved by the appropriate city or county building department.
(9)(13) The owner of abutting property shall be notified by certified mail of the proposed shelter location if there will be advertising. Such owner of the abutting property shall be provided an opportunity to comment.
(10)(14) Advertising on a shelter shall be no greater than 72 inches by 60 inches per side of the shelter including the roof. There shall be no more than one advertisement per side.
(11)(15) Companies engaged in the business of outdoor advertising shall obtain and maintain a current license pursuant to Section 479.04, F.S., and Rule 14-10.003, F.A.C.
(12)(16) Flashing lights on shelters are prohibited. All lights must be placed or shielded so they do not interfere with motorists on the roadway. Lights are not permitted for the sole purpose of illuminating advertising.
(13)(17) Sides and internal dividers in shelters shall be constructed in a manner to provide visibility of waiting passengers to passing traffic and pedestrians. All transparent materials will be shatterproof. No shelter shall be located in such manner, or be constructed of such materials, so as to adversely affect sight distances at any intersection or to obstruct the view of traffic signs or other traffic control devices.
(14)(18) The maximum height of a shelter cannot exceed ten feet.
(15)(19) Shelters must be securely attached to their foundations and must provide for a clear opening between the structure and the ground or foundation to facilitate cleaning and to preclude the accumulation of debris.
(16)(20) Shelters shall be properly maintained as to aesthetics, function, and safety. If the Department finds any shelter in violation of any portion of this rule, except those determined to be a safety hazard endanger life or property, the Department shall provide written notice of the violation to the appropriate city or county government, who shall correct the violation or remove the shelter within 30 days after receipt of the notice. If the Department finds any shelter to be a safety hazard danger to life or property, the Department will shall provide notice to the appropriate city or local government, who shall take immediate steps to make the shelter safe or remove the shelter. If the condition or location of a shelter is not corrected in accordance with the Department’s notice, the Department will cause the shelter to be moved or removed and seek the cost of removal from the appropriate city or county government.
(17)(21) Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration, or relocation of all, or any portion of a sState rRoad, as determined by the Department, any bus shelter and appurtenances thereto, authorized by this rRule, shall be immediately removed from the said State Road rRight of wWay or shall be reset or relocated thereon as required by the Department, at the expense of the shelter owner unless reimbursement is authorized by separate agreement. In the event the relocation of said shelters is scheduled to be done simultaneously with the Department’s construction work, the shelter owner shall coordinate with the Department before proceeding. The shelter owner shall cooperate with the Department’s contractor to arrange the sequence of work so as not to delay the work of the Department’s contractor and shall defend any legal claims of the Department’s contractor due to delays caused by the shelter owner’s failure to comply with the approved schedule. The shelter owner shall not be responsible for delays for reasons beyond the shelter owner’s reasonable control.
Specific Authority 334.044(2), 337.408(6) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 12-11-79, Amended 6-24-81, Formerly 14-20.03, Amended 12-26-90, 5-15-97, 7-16-98,_________.
14-20.0032 Placement of Transit Bus Benches.
The Department allows placement and maintenance of transit bus benches on the right of way of a Federal-Aid highway or state highway pursuant to written approval by the appropriate city or county government within whose jurisdiction the bench is to be located. All bus benches shall be subject to the following:
(1) Transit bus Bbenches placed on the right of way shall not exceed 74 inches in length, 28 inches in depth, and 44 inches in height.
(2) Any bench placed on any part of a sidewalk shall leave at least three feet clearance for pedestrian traffic between the bench and the nearest edge of the road.
(3) Transit bus Bbenches shall not be placed in the median of any divided highway or on limited access facilities.
(4) Unless otherwise herein provided, transit bus benches shall be placed only at recognized transit stops. However, only the minimum number of benches necessary to accommodate the comfort and convenience of the general public shall be erected or maintained.
(5) Benches may be placed at points of pedestrian convenience other than recognized transit bus stops, where, in the judgment of the appropriate city or county government, there exists a necessity for such seating or where such seating would otherwise serve the public interest and shall comply with all other requirements placed upon transit bus benches in Rule 14‑20.0032. However, only the minimum number of benches necessary to accommodate the comfort and convenience of the general public shall be erected or maintained.
(5)(6) If the Department finds any bench in violation of any portion of this rule, except those determined to be a safety hazard endanger life or property, the Department shall provide written notice of the violation to the owner of the bench, or the appropriate city or county government, who shall correct the violation or remove the bench shelter within 30 days after receipt of the notice. If the Department finds any bench to be a safety hazard danger to life or property, the Department will shall provide notice to the owner of the bench, or the appropriate city or county government, who shall take immediate steps to make the bench safe or remove the bench. If the condition or location of a bench is not corrected in accordance with the Department’s notice, the Department will cause the bench to be moved or removed and seek the cost of removal from the owner of the bench.
(6)(7) Commercial advertising shall be displayed upon a transit bus bench only on either the front or rear surface of the backrest area.
(7)(8) Advertising displayed on a transit bus bench shall not be greater than 72 inches in length nor greater than 24 inches in height, and no advertising displayed upon a bench shall be of a reflectorized material.
(8)(9) The transit bus bench location must meet the set back and minimum clear recovery zone requirements established as detailed in the Florida Department’s Design Standards of Transportation’s Roadway and Traffic Design Standards, Index Number 700, entitled “Design Criteria Related to Highway Safety” (incorporated herein by reference in Rule 14-85.004, F.A.C.). Copies of the Index Number 700 are available at: www.dot.state.fl.us/rddesign/designstandards/standards.htm.
(10) Any transit bus bench that was in service prior to April 1, 1992 may be replaced with a bus bench of the same size or smaller, if the bench is damaged or destroyed or otherwise becomes unusable.
(11) Any transit bus bench placed at points of public convenience which violates any portion of this rule shall be subject to removal upon 30 days notice if the violation is not corrected.
(9)(12) Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration, or relocation of all, or any portion of a sState rRoad, as determined by the Department, any bus bench and appurtenances thereto, authorized by this Rule, shall be immediately removed from said sState rRoad rRight of wWay or shall be reset or relocated thereon as required by the Department, at the expense of the bench owner unless reimbursement is authorized by separate agreement. In the event the relocation of said benches is scheduled to be done simultaneously with the Department’s construction work, the bench owner shall coordinate with the Department before proceeding. The bench owner shall cooperate with the Department’s contractor to arrange the sequence of work so as not to delay the work of the Department’s contractor and shall defend any legal claims of the Department’s contractor due to delays caused by the bench owner’s failure to comply with the approved schedule. The bench owner shall not be responsible for delays for reasons beyond the bench owner’s reasonable control.
Specific Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 335.021(1), 337.408 FS. History–New 12-26-90, Amended 8-11-92, 5-15-97, 7-16-98,________.
14-20.0033 Competitive Public Bidding of Advertising.
Specific Authority 334.044(2) FS. Law Implemented 337.407, 337.408, 479.04 FS. History–New 12-26-90, Repealed________.
14-20.004 Public Transit Bus Stops.
(1) The operator of a public transit bus system may designate a “Bus Stop” within the boundaries of the right of way of a sState road highway.
(2) The location of a transit bus stop site on a sState road highway right of way is dictated by the needs of the riding public and the route availability of the public transit system.
(3) The following restraints and controls are established to aid in identifying, mitigating and minimizing hazardous conditions at existing and proposed transit bus stop sites: The site selection and establishment of a transit bus stop shall provide the maximum safety to the users of the public transit system and vehicular and pedestrian traffic. If a transit bus stop is located at a site deemed to be unsafe by the Department, modification or removal shall be required by the Department and shall be at the expense of the transit bus system.
(4) With the exception of Sections 14-20.004(8) and (9)(a) Tthe operator of a public transit bus system shall indicate or mark the bus stop in accordance with the Manual on Uniform Traffic Control Devices, incorporated by reference under Rule 14-15.010, F.A.C.
(5) The identification of existing unsafe conditions at transit bus stop sites shall be brought to the attention of the Department by the respective operator of a transit system so that the Department can take corrective action. Verbal notification shall be followed up in writing within 24 hours.
(5)(6) Transit bus stops are prohibited in medians.
(6) Signs shall not be installed where such signing interferes with the functions or visibility of existing traffic control devices.
(7) The support for attaching transit bus stop signs shall be placed in accordance with the Department’s Roadway and Traffic Design Standard Index Number 17302 (incorporated by reference in Rule 14-85.004, F.A.C.).
(7)(8) Transit bus stop signs may be attached to an existing sign support provided that there is no more than one other supplementary sign already in place.:
(a) It can be located in accordance with height and lateral placement requirements of the Department’s Roadway and Traffic Design Standard Index Number 17302, entitled “Typical Sections for One Column Sign Placement” (incorporated by reference in Rule 14-85.004, F.A.C.).
(b) There is no more than one other supplementary sign already in place.
(8) Transit bus stop signs shall be attached to supports meeting the location, height, and lateral placement requirements established in the Department’s Design Standards, Index Number 17302, incorporated herein by reference. Copies of Index Number 17302 are available at:
(9) Inspections will be conducted by the Department to assist in the implementation and administration of this rule chapter.
Specific Authority 334.044(2), 341.041(3) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 10-6-82, Formerly 14-20.04, Amended 12-26-90, 5-15-97,________.
PART II GENERAL USE PERMITS
14-20.010 General Use Permit.
(1) Purpose. This rule is adopted to authorize use of and to control the right of way on the State Highway System, for purposes not addressed by other rules of the Department, a lease agreement of State owned property entered into pursuant to Section 337.25(5), F.S., or other agreements.
(2) Definitions. All terms in this rule shall have the same meaning as defined in Section 334.03, F.S. Additionally, the following terms are defined as:
(a) “Applicant” means the person or entity requesting a General Use Permit.
(b) “Department” means the Florida Department of Transportation.
(c) “General Use Permit” means a temporary use of the right of way of the
(d) “Governmental Entity” means as defined in Section 11.45, F.S.
(e) “Modification” means relocation or alteration or cessation of a permitted general use.
(3) Prior to filing an application, all applicants can request a pre-application meeting to review the proposed general use with Department permits personnel. This review will be performed by the Department without a fee. The pre-application meeting is advisory only.
(4) General Criteria.
(a) A complete application shall consist of a General Use Permit Application, Form 850-040-05, Rev. 05/07, completed by the applicant, with original signatures, and any site plans, drawings, or other information required by this rule. Form 850-040-05, Rev. 05/07, is hereby incorporated by reference and made a part of this rule. The form is available from any local Area Operations Center/Maintenance Office, District Maintenance Office, Turnpike Office or Department website: www.dot.state.fl.us/proceduraldocuments. No use will be permitted which interferes with safety, operation, aesthetics, and maintenance of the
(b) If the applicant desires to have a representative sign and submit the application, a notarized letter of authorization from the applicant designating the authorized representative shall be submitted with the application.
(c) If the applicant is an entity, the applicant shall furnish the name, title, address, telephone number, and other contact information if any, of the responsible officer or authorized agent.
(d) The application shall identify the location of the proposed activity, including the county, state road, section, and mile post numbers, and the location and type of existing utilities.
(e) The applicant shall provide a complete and detailed description of the proposed use and duration to be permitted.
(f) The applicant shall include all approvals and permits which are required by other governmental entities for the proposed use.
(g) An incomplete application will not be processed or considered for issuance of a general use permit. An application is incomplete until all completed forms and required information have been provided to the Department.
(5) Examples of situations where general use permits shall not be issued are the following:
(a) Permanent construction in the right of way.
(b) Traffic control devices or features.
(c) Permanent signs.
(d) Landscaping.
(e) Utilities.
(f) Parades or other events requiring temporary road closure.
(g) Bus benches or shelters, modular news racks, or waste receptacles.
(h) Connections to the
(i) Overhanging encroachments.
(j) Drainage connections.
(6) The issuance of a general use permit shall not restrict the Department’s right to take immediate action authorized under Section 120.60(6), F.S.
Specific Authority 334.044(2), 337.405, 337.406 FS. Law Implemented 334.03, 334.044(13), (28), 334.187, 335.02(1), 337.405, 337.406 FS. History–New_________.