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Florida Administrative Code (Last Updated: April 18, 2024) |
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14. Department of Transportation |
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D14. Departmental |
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14-20. Private Use Of State Right Of Way |
1The appropriate city or county government in whose jurisdiction a waste disposal receptacle is to be located may approve, by written authorization, the placement of waste disposal receptacles on the right of way of a state road subject to the following:
42(1) Waste disposal receptacles are prohibited on limited access facilities.
52(53254) Waste disposal receptacles shall be no greater than 110 gallons in capacity and no taller than four feet. 73A waste receptacle shall not obstruct any sidewalk, bike path, pedestrian path, driveway, drainage structure, or ditch.
90(3) Advertising on a waste disposal receptacle must be affixed to the side of the receptacle and may not extend beyond the receptacle. No advertising shall be of a reflectorized material or otherwise cause a glare.
126(4) Waste disposal receptacles must be securely attached to their foundations or another permanent fixture. The owner of a waste disposal receptacle must maintain regularly scheduled garbage pick up to preclude the accumulation of debris surrounding the receptacle.
164(5) Waste disposal receptacles shall be properly maintained as to aesthetics, function, and safety. If the Department finds any waste disposal receptacle in violation of any portion of this rule, except those determined to be a safety hazard, the Department will provide written notice of the violation to the appropriate city or county government, who shall correct the violation or remove the waste disposal receptacle within 23060 231days after receipt of the notice. If the Department finds any waste disposal receptacle to be a safety hazard, the Department shall provide notice to the appropriate city or local government, who shall take immediate steps to make the waste disposal receptacle safe or remove the waste disposl receptacle. If the condition or location of a waste disposal receptacle is not corrected in accordance with the Department’s notice, the Department will cause the waste disposal receptacle to be moved or removed and seek the cost of removal from the appropriate city or county government325.
326(6) 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 waste disposal receptacle, authorized by this rule, shall be immediately removed from the right of way or shall be reset or relocated thereon as required by the Department, at the expense of the owner.
386Rulemaking Authority 388334.044(2), 389337.408(4) FS. 391Law Implemented 393334.044(13), 394337.408 FS. 396History–New 7-13-16.
