14-20.0032: Placement of Benches
14-20.005: Accessibility on Public Rights of Way
PURPOSE AND EFFECT: This rule chapter is being amended to allow for benches to be located at areas other than bus stops, revise definitions, and promulgate a new rule regarding accessibility on public rights of way.
SUMMARY: The criteria for the placement of benches at locations other than bus stops and accessibility on public rights of way are addressed.
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) FS.
LAW IMPLEMENTED: 334.044(13), 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: Deanna R. Hurt, Assistant General Counsel and 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:
(1) “Bench” means a public seat designed to accommodate
for seating two or more persons, and located on the state right of way which is placed along a regular transit bus route at or near recognized transit bus stops.
(2) “Department” means the Florida Department of Transportation.
(3) “School Bus” means as defined in Section 316.003, F.S.
(4) “Shelter” means a structure or facility located at a designated site to protect passengers from the elements, and
. “Shelter” refers to both public transit bus shelters and school bus shelters.
(5) “Transit Bus” means any motor vehicle, except taxicabs, designed for the transportation of ten or more passengers
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.
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, 5-25-08,________.
14-20.0032 Placement of Benches.
The Department allows placement and maintenance of benches on the right of way of a 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) Benches 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 of clearance on the sidewalk and between the bench and the nearest edge of the road for pedestrian traffic
between the bench and the nearest edge of the road.
(3) Benches shall not be placed in the median of any divided highway or on limited access facilities.
(4) Benches may be placed at points of pedestrian convenience other than recognized transit bus stops, pursuant to written approval by the appropriate city or county government within whose jurisdiction the bench is to be located. There must be a necessity for such seating that would serve the public interest. However, only the minimum number of benches necessary to accommodate the comfort and convenience of the general public shall be erected or maintained.
Unless otherwise herein provided, 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) If the Department finds any bench in violation of any portion of this rule, except those determined to be a safety hazard, 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 within 30 days from
after receipt of the notice. If the Department finds any bench to be a safety hazard, the Department will provide notice to the owner of the bench, or the appropriate city or county government, who shall take immediate steps to either 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.
(6) Commercial advertising shall be displayed upon a bench only on either the front or rear surface of the backrest area.
(7) Advertising displayed on a bench shall not be greater than 72 inches in length nor greater than 24 inches in height.
, and N no advertising displayed upon a bench shall be of a reflectorized material.
(8) The bench location must meet the set back and minimum clear recovery zone requirements established in the Department’s Design Standards Index Number 700, incorporated herein by reference. Copies of Index Number 700 are available at: www.dot.state.fl.us/rddesign/designstandards/standards.htm.
(9) Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration, or relocation of all, or any portion of a state road, any bench and appurtenances
thereto, authorized by this Rule, shall be immediately removed from the said state road right of way, or shall be reset or relocated thereon, as required by the Department, at the expense of the bench owner. 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), 336.046, 335.02(1), 337.408 FS. History– New 12-26-90, Amended 8-11-92, 5-15-97, 7-16-98, 5-25-08,________.
14-20.005 Accessibility on Public Rights of Way.
(1) Shelters, benches, and bus stops on the Department’s right of way shall be erected and maintained to provide accessibility to persons with disabilities. For informational purposes, the Regulations and Standards under the Americans with Disabilities Act, are available at: www.ada.gov.
(2) For information pertaining to shelters, benches, and bus stops on the Department’s right of way, refer to “ADA Standards for Transportation Facilities” available at http://www.access-board.gov/ada-aba/ada-standards-dot.cfm.
Rulemaking Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 336.046, 337.408 FS. History–New_________.