To clarify requirements for placement of bus shelters, bus benches, and waste receptacles on state right-of-way.

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-20.0025Definitions

14-20.003Placement of Shelters

14-20.0032Placement of Benches

14-20.004Public Transit Bus Stops

14-20.008Placement of Waste Disposal Receptacles

PURPOSE AND EFFECT: To clarify requirements for placement of bus shelters, bus benches, and waste receptacles on state right-of-way.

SUMMARY: Authorizes bus shelters to be located in medians, exceed 10 feet in height, and include a totem sign. Clarifies requirements for bus stops and bus benches and creates requirements for waste receptacles.

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: There are no permit fees or regulatory costs. Placement of facilities in state right-of-way is voluntary.

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), 337.408(4) 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street, Tallahassee, FL 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 14-20

PRIVATE USE OF STATE RIGHT OF WAY

14-20.0025Definitions

14-20.003Placement of Shelters

14-20.0032Placement of Benches

14-20.004Public Transit Bus Stops

14-20.008Placement of Waste Receptacles

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) “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. “Shelter” refers to both public transit bus shelters and school bus shelters.

(5) “Transit Bus” means a bus as defined in Section 316.003, F.S.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.

(6) “Totem sign” means a non-traffic control informational sign that is a major identifier for transit stops and is used as a branding component to easily identify and locate Bus Rapid Transit stations.

Rulemaking 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.

 

14-20.003 Placement of Shelters.

The appropriate city or county government in whose jurisdiction a shelter is to be located may approve, by written authorization, the erection and placement of a shelter on the right of way of a road along with any appurtenant totem sign, subject to the when it complies with the following:

(1) A shelter may be erected only at bus stops designated by a public transit agency or 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.

(2) Shelters erected outside of the urban limits shall be spaced so that no more than two shelters are erected per mile of a two-lane highway and no more than four shelters are erected per mile on highways with four or more lanes.

(3) Shelters are prohibited in medians and on limited access facilities. School bus shelters are prohibited in medians.

(4) The shelter location including any appurtenant totem signs must meet the set back and minimum clear recovery zone requirements as established in the Department’s Design Standards, Index Number 700, incorporated herein by reference at                           ________________and .Copies of Index Number 700 are available at: http://www.dot.state.fl.us/rddesign/ designstandards/Standards.shtm.

(5)  Shelters and any appurtenant totem signs shall not be located within 15 feet of any fire hydrant or handicapped parking space.

(6)  A shelter and any appurtenant totem signs shall not obstruct any sidewalk, bike path, pedestrian path, driveway, drainage structure, or ditch, etc., and shall provide at least three four feet of clearance for pedestrian traffic between the front of the shelter and the nearest edge of the road.

(7) Shelter access entry and exit points shall provide a minimum clear width of four feet. If a bench is provided within a bus shelter, a minimum clear floor area of 30  inches wide by 48 inches deep must be located adjacent to the bench for wheelchair users.   

(8)(7) Prior to the installation of the shelter, the impacted affected utility companies must be notified in accordance with Chapter 556, Florida Statutes, to determine location of utilities and prevent conflicts.

(9)(8) 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.

(10)(9) The owner of abutting property shall be notified by certified mail of the proposed shelter location if there will be advertising.

(11)(10) 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 of the shelter, including the roof, and on any appurtenant totem poles. No advertising shall be of a reflectorized material or otherwise cause a glare.

(12)(11) 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.

(13)(12) 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.

(14)(13)  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 or appurtenant totem sign shall be located in such a manner, or be constructed of such materials, so as to adversely affect sight distances at any intersection or obstruct the view of traffic signs or other traffic control devices.

(14) The maximum height of a shelter cannot exceed ten feet.

(15) 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) Shelters shall be properly maintained as to aesthetics, function, and safety. If the Department finds any shelter or appurtenance 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 shelter and all appurtenances within 30 60 days after receipt of the notice. If the Department finds any shelter or appurtenance 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 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 and all appurtenances to be moved or removed and seek the cost of removal from the appropriate city or county government.

(17) 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 shelter and appurtenances thereto, 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 shelter owner. 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.

Rulemaking Authority 334.044(2), 337.408(4) 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, 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 four feet clearance 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. School bus benches are prohibited in medians.

(4) Transit bus Unless otherwise herein provided, benches shall be placed only at recognized transit bus stops designated by a public transit agency in accordance with Rule 14-20.004, F.A.C.  School bus benches shall only be placed at bus stops designated  by the local school board. Convenience or comfort benches, not located at a transit bus stop or a school bus stop, shall be limited to However, only the minimum number of benches necessary to accommodate the comfort and convenience of the general public shall be erected or maintained. Convenience or comfort benches may not be constructed in medians.

(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 60 days 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 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 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 at  and Copies of Index Number 700 are available at: http://www.dot.state.fl.us/rddesign/DesignStandards/ Standards.shtm.

(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 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.

Rulemaking Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 12-26-90, Amended 8-11-92, 5-15-97, 7-16-98, 5-25-08,                                 .

 

14-20.004 Public Transit Bus Stops.

(1)  A public transit provider as defined in Section 341.031, F.S., The operator of a transit bus system may designate a “Bus Stop” within the boundaries of the right of way of a state road.

(2) The location of a transit bus stop site on a state road right of way is dictated by the needs of the riding public and the route availability of the public transit system.

(3) 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) The operator of a 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) Transit bus stops are prohibited in medians.

(5)(6) Signs shall not be installed where such signing interferes with the functions or visibility of existing traffic control devices.

(6)(7) 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.

(7)(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 at      and. Copies of Index Number 17302 are available at:

Rulemaking Authority 334.044(2) 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, 5-25-08,                       .

 

14-20.008 Placement of Waste Disposal Receptacles.

The 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:

(1) Waste disposal receptacles are prohibited on limited access facilities.

(2) Waste disposal receptacles shall be no greater than 110 gallons in capacity and no taller than four feet.  A waste receptacle shall not obstruct any sidewalk, bike path, pedestrian path, driveway, drainage structure, or ditch.

(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.

(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.

(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 60 days 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 government.

(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.

Rulemaking Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 337.408 FS. History–New ,____________,   

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diane Quigley, Transit Planning Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 26, 2016