To clarify the responsibilities of the respective parties for the issuance of a Building Movement Permit, and to incorporate the Department’s One Stop Permitting for electronic applications and submittals.

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-63.002General Requirements for Building Movement Permit Issuance

PURPOSE AND EFFECT: To clarify the responsibilities of the respective parties for the issuance of a Building Movement Permit, and to incorporate the Department’s One Stop Permitting for electronic applications and submittals.

SUMMARY: The proposed amendments to Rule 14-63.002, Florida Administrative Code, update a form incorporated by reference, include the term crashes causing delays during which a building is immobile while accompanied by escort vehicles with warning lights, and updates the application and submittal process for the Department’s issuance of Building Movement Permits for travel upon state roads.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used an itemized checklist to conduct an economic analysis and determine if there would be any adverse impact or regulatory cost associated with this rule that exceeds the stated criteria. Upon review of the proposed rulemaking, the Department determined that the proposed rule will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

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.

RULEMAKING AUTHORITY: 334.044(2), 316.550(6) F.S.

LAW IMPLEMENTED: 334.044(28), 316.550 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard E. Shine, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street, Mail Station 58, Tallahassee, FL 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-63.002 General Requirements for Building Movement Permit Issuance.

(1) through (6) No change.

(7) Application Procedure and Notice. Applicants shall obtain a Permit to Move Building Over State Roads, Form 850-040-90, Rev. 12/23 06/07, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15363, and available from the Department of Transportation’s One Stop Permitting internet site at https://osp.fdot.gov and may be completed and submitted electronically. A hard copy of the form is available upon request from any District Maintenance Office or area maintenance office. If the proposed route occurs in more than one district, then the applicant will need to submit mail or hand deliver a completed form to each affected District Maintenance Office. Applicants shall complete all appropriate sections of the form and obtain review and approval by the nearest District Management Florida Highway Patrol Office with route and escort recommendations.

(a) Applicants shall contact the local Florida Highway Patrol Station and all Sheriff’s Offices, Police Departments, utilities (e.g., traffic signals, electric power lines, sewer, gas, communication lines, cable television), railroad companies, and all local governments whose facilities will be affected by the move, and address any concerns. In addition, it is the responsibility of the permittee to notify these entities utilities at least 24 hours in advance of the proposed move. The permittee shall notify the railroad companies at least 24 hours in advance of any move over at-grade rail crossings.

(b) through (d) No change.

(8) Sunset. The Department intends to repeal the provisions of this rule on December 1, 2028, in accordance with the rulemaking requirements of Section 120.54, F.S., unless this rule is reviewed and determined to remain necessary prior to such proposed repeal.

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.02, Amended 1-3-90, 7-1-92, 11-19-07 ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristen Tadlock, P.E., Roadway Maintenance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jared W. Perdue, P.E., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 3, 2023