The amendments to this rule are being made to re-organize the chapter and clarify the process for permitting the temporary closure of state roads.

DEPARTMENT OF TRANSPORTATION

RULE NO.: RULE TITLE:
14-65.0025: Scope, Exceptions, and Definitions
14-65.0035: Temporary Closing of State Roads Other Than Limited Access Facilities
14-65.006: Temporary Closing and Special Use of Interstate and Other Limited Access Facilities
14-65.0065: Procedures for Special Use of State Roads Including Limited Access Facilities
14-65.0075: Special Events and Filming on Limited Access Facilities
PURPOSE AND EFFECT: The amendments to this rule are being made to re-organize the chapter and clarify the process for permitting the temporary closure of state roads.
SUBJECT AREA TO BE ADDRESSED: These amendments address the procedures local governments must follow in order to temporarily close state roads for special events. Filming on state roads is also addressed. A new rule is being promulgated to set forth criteria for filming and special events on limited access facilities.
RULEMAKING AUTHORITY: 334.044(10)(a), 334.048(3), 336.045(1) FS.
LAW IMPLEMENTED: 334.044(10)(a), 336.045 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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, [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

14-65.0025 Scope, Exceptions, and Definitions, and Exceptions.

This rRule cChapter 14-65, F.A.C., specifies procedures for obtaining a prior written approval from the Department permit for temporary closure of a state road from the Department when necessary to for the conduct of a special event, and the requirements for filming on a state road. The rule chapter outlines the requirements for special temporary use of limited access facilities, state roads other than limited access facilities; and for notice to the appropriate local law enforcement agencies of repair, reconstruction, or alteration which necessitates the closing of lanes for vehicular traffic.

(1) Exceptions. For purposes of this rule chapter, the following examples are uses of state roads for special events which do not require a prior written permit:

(a) A motorcade when no traffic lanes are closed and law enforcement personnel control traffic at each intersection;

(b) A run, walk-a-thon or bicycle event with a police escort and no detour of traffic; and

(c) A parade on a street which only intersects a state road where law enforcement personnel control the traffic at such intersections.

(1)(2) Definitions. The following words and phrases when used in this rule chapter, shall have the meaning ascribed in this rule:

(a) “Department” means the Florida Department of Transportation.

(a) “Charitable Purpose” has the meaning specified in Section 496.404(2), Florida Statutes.

(b) “Commercial Activities” means include sale or displaying merchandise display for sale or distribution, of merchandise; servicing, or repairing of any or storing any vehicle, for profit,; except rendering of emergency service; storage of vehicles being serviced or repaired on abutting property or elsewhere; solicitation for sale of goods, property, or services or for charitable purposes; or displaying and the display of advertising of any sort.

(c) “Emergency” is defined in Section 252.34, F.S., as any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

(c)(d) “Limited Access Facility” means as is defined in Section 334.03(13) 316.003(19), F.S.

(d)(e) “Local Governmental Entity Authority” means as defined in Section 334.03(14) F.S a municipality, county, or expressway or transportation authority serving one or more jurisdictions.

(e)(f) “Special Event” means an art festival, parade, annual charity drive, fair, fund drive, race, run, motorcade, or similar activities of local interest.

(f)(g) “Filming Special Use” means the activities involved in the creation of visual media, including film, broadcast, or video production any activities other than those defined as special events and as detailed in Rule 14-65.0065.

(h) “State Highway System” is as defined in Section 334.03(25), F.S.

(g)(i) “State Road” means is as defined in Section 334.03(27), F.S.

(h)(j) “Temporary Closing” means the stopping closing, detouring, or otherwise restricting traffic flow of one or more vehicle traffic lanes of a state road street or highway for a cumulative period of fifteen minutes or more.

(k) ‘Written Permit’ is Form 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, requesting stated specific permission to close a stated specific section or part of a state road for a stated specific time period, signed by the District Secretary or designee and the applicant or applicant’s authorized representative.

(2) Exceptions:

For purposes of this rule chapter, special events and filming that do not require prior written approval include the following:

(a) A motorcade when no traffic lanes are closed and law enforcement personnel control traffic at each intersection;

(b) A run, walk-a-thon, or bicycle event accompanied by a police escort and when there is no detour of traffic;

(c) A parade route which only intersects a state road and when law enforcement personnel control the traffic at those intersections;

(d) Broadcast news, or other filming, that does not require a temporary closure, obeys traffic regulations, and does not impair vehicular or pedestrian traffic.

Rulemaking Specific Authority 334.044(2), 337.406(1) FS. Law Implemented 252.34, 316.003, 316.006(1), 316.008, 334.03, 337.406, 496.425 FS. History–New 1-19-89, Amended 4-15-92, 12-31-96, ________.

 

14-65.0035 Temporary Closing of State Roads For Special Events Other Than Limited Access Facilities.

(1) General Criteria Procedures for Temporary Closing of State Roads Other Than Limited Access Facilities. The temporary use and closing of state roads for the purpose of special events, not related to construction, reconstruction, maintenance or emergency purposes, may be accomplished as follows:

(a) A special event must may be approved in writing permitted by the appropriate local governmental entity before the temporary closure of a state road authority.

(b) Prior to the temporary closure of a state road for a special event, the local governmental entity responsible for approving authority which permits the closure special event must determine whether a temporary closing of the road is necessary for the event and obtain prior written approval from the Department, unless exempt excepted as defined in accordance with subsection 14-65.0025(2)(1), F.A.C.

(c) A Request for Temporary Closing/Special Use of State Road Permit, Form 850-040-65, Rev. 08/10 02/92, hereby incorporated by reference, available from any local area operations center/maintenance office, district maintenance office, or Department website: www.dot.state.fl.us/proceduraldocuments, shall be completed and submitted by the responsible official of the local governmental entity authority to the Department’s district or local maintenance office District Secretary, or designee, naming the sponsoring officials; stating that local law enforcement officials will manage all the details involved in administration of the event; and stating that as between the Department and the local governmental authority, to the extent permitted by Florida law, the local governmental authority will assume full responsibility for any liability claims arising from, or based on, the activities of the event.

(d) The local governmental entity authority shall include the following with the this request:

1. A certified copy of an excerpt from the minutes of a duly scheduled meeting, or duly executed resolution, of the local governmental entity authority authorizing the special event. The local governmental entity authority may, by resolution, designate an official a position within that body (Mayor, City Manager, etc.) authorization to authorize and sign for the body;

2. A marked map, indicating the temporary detours to be utilized by the public; and showing the placement of appropriate signs; stationing of any officers or flagmen; and locations of barricades and cones necessary to detour the traffic in a safe and efficient manner;

3. A description of the provisions made for the temporary rerouting of traffic; and

3.4. Written aApproval from the United States Coast Guard if the proposed route of the special event involves District Commander authorizing the opening or closing of any movable bridge within the geographical limits of the event during the time period of the road closure.

(e) Prior to authorizing the temporary road closing, the Department shall review the proposed detour route to ensure that traffic volume will be handled and routed safely and efficiently.

(e)(f) Such Cclosing of the state road shall not be for the purpose of conducting commercial activities use, except when conducted in conjunction with a special event and approved in writing by the local governmental entity except that any portion of a state-maintained roadway may be used for special events and special use as defined in subsections 14-65.0025(2)(f) and (2)(g) of this rule chapter, together with such commercial activities necessarily related to such events. Nothing in this rule chapter shall be construed to authorize such special events on the interstate highway system, toll roads, or other limited access facilities.

(f) The Department’s district or local maintenance engineer, or designee, will sign Form 850-040-65, Temporary Closing of State Road Permit, indicating approval or denial, and will return the form to the local governmental entity. Upon receipt, the local governmental entity shall notify the applicant whether the request has been approved.

(2) Procedures Subsequent to Approval of Request for Temporary Closing of State Roads Other Than Limited Access Facilities. The Department will return a copy of Form 850-040-65 indicating approval or disapproval to the submitting applicant.

(3) Form to Request Temporary Closing or Special Use of State Road. Copies of Form Number 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, is hereby incorporated by reference and made a part of this rule chapter. Copies of this form may be obtained by contacting any Department District Maintenance Office.

Rulemaking Specific Authority 334.044(2), 337.406(1) FS. Law Implemented 316.003, 316.006(1), 316.008, 337.406 FS. History– New 1-19-89, Amended 4-15-92, 7-1-92, 12-31-96,________.

 

14-65.006 Temporary Closing and Special Use of Interstate and Other Limited Access Facilities.

Temporary closures for special uses will not be allowed on interstate highways, toll roads, and other limited access facilities on the state highway system with the exception of the following situations:

(1) Emergency Conditions. When emergency or extremely dangerous conditions are judged to exist, the Department will assume responsibility for determining whether closure of state roads is warranted.

(2) Request for special use of interstate and other limited access facilities will be made to the Department. Special use is approved by the Department, in accordance with the provisions of Rule 14-65.0065, F.A.C.

(3) Use of facilities on interstate highways, toll roads, or other limited access facilities for solicitation is otherwise prohibited except under the provisions of Rule Chapter 14-28, Florida Administrative Code.

Rulemaking Authority 334.044(2), 334.044(10)(a), 335.10(2) FS. Law Implemented 337.406(1) FS. History–New 1-19-89, Amended 4-15-92, Repealed_________.

 

14-65.0065 Filming on Procedures for Special Use of State Roads Including Limited Access Facilities.

The temporary use of state roads for special use activities, not related to construction, reconstruction, maintenance, emergency purposes, or special events, may be accomplished in accordance with this rule chapter. The following information must be supplied to the Department when requesting a permit for filming:

(1) General Criteria:

(a) Individuals wishing to conduct filming activities on state roads shall complete and submit a Permit For Filming On A State Road, Form 850-040-67, Rev. 08/10, hereby incorporated by reference, to the Department’s district or local maintenance office for review. This form is available from any local area operations center/maintenance office, district maintenance office or Department website: www.dot.state.fl.us/proceduraldocuments.

(b) The following information must be included with the permit application.

1.(1) A copy of pertinent portions of the script with a concise but detailed written description of the action to occur on the state right of way.

2.(2) A detailed map showing the proposed filming location, clearly defining the area that will be occupied during filming and an estimate of the number of event personnel.

3.(3) The total number of film crew personnel and the amount of equipment with equipment description. No stunts, staged accidents, explosives, or pyrotechnics that may cause damage to state property shall be allowed without prior approval of the Department. Use of pyrotechnics requires approval from the District Secretary, or where applicable, the Executive Director of the Florida Turnpike Enterprise and a separate approval from the local fire department having jurisdiction over the filming site. Both must be attached to the special use permit. Additionally, a licensed “Pyrotechnic Operator - Special Effects” shall be on location and in charge of all use, storage, and handling of special effects items.

4.(4) The permittee shall provide the Department with Pproof of liability insurance in the amount of $1,000,000 for routine filming. If the filming request involves specialized stunts, pyrotechnics, special effects, the use of some form of air transportation over the state road highway right of way, or stunts of any kind under or adjacent to a structure (bridge) then a minimum of $5,000,000 of liability insurance is required. The insurance shall name the Department as an additional insured.

5.(5) A maintenance of traffic (MOT) plan if the filming will impact traffic or cause lane closures. The MOT All maintenance of traffic on Department rights of way shall conform to the Federal Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference in Rule 14-15.010, F.A.C.; and the Department’s 2010 current Roadway and Traffic Design Standards; index series 600, incorporated by reference in Rule 14-46.001, F.A.C and the current Standard Specifications for Road and Bridge Construction. The Department shall regulate, limit, or restrict hours of filming to minimize disruption of traffic on the state highway system. When filming causes undue disruption of traffic, or creates safety hazards on a state highway, the Department shall require immediate corrective action within a specified time frame, or cause filming to cease if deemed necessary. The Department shall require the submittal of a maintenance of traffic plan with the request for permit to ensure compliance with this provision. The Department may require the presence of an off-duty law enforcement officer in areas of congestion, critical traffic flow, or situations that may cause hazardous conditions.

6. Written approval from the local fire department if pyrotechnics are involved.

7. Written approval from the U.S. Coast Guard if any movable bridges are affected.

8. Written approval from the Federal Aviation Administration if low flying aircraft are involved.

(2) Stunts, staged accidents, explosives, or pyrotechnics that may cause damage to state property shall not be approved. If pyrotechnics are involved, an experienced pyrotechnic operator shall be on location and in charge of all use, storage, and handling of any pyrotechnic devices. The permittee will be responsible for securing any pyrotechnic permit required by the local governmental entity and providing a copy to the Department.

(3)(6) Filming of activities on a state road right rights of way from low flying aircraft must comply be in compliance with Federal Aviation Administration regulations, and shall will not be approved permitted if the public safety or welfare is jeopardized. Any activities involving aircraft shall require written notification of overhead utility companies.

(4) Filming activities that may negatively affect any utility shall not be approved without prior written permission from the utility.

Rulemaking Specific Authority 334.044(2), 335.10(2)(1), 337.406(1) FS. Law Implemented 316.003, 316.006(1), 316.008, 334.044(28) 337.406(1), 496.425 FS. History–New 4-15-92, Amended_________.

 

14-65.0075 Special Events and Filming on Limited Access Facilities.

(1) General Criteria:

The use of limited access facilities for special events and filming will be considered based upon the following criteria:

(a) The use shall not interfere with the safe and efficient movement of traffic.

(b) The use shall not endanger the safety of the public.

(c) Written approval is obtained from the local governmental entity.

(d) Proof of liability insurance in the amount of $1,000,000 is submitted to the Department. The Department shall be named as an additional insured.

(2) The use shall be for a limited duration. Approval for the length of the duration shall be obtained from the Department.

(3) Special events shall also comply with the criteria of Rule 14-65.0035, F.A.C.

(4) Filming shall also comply with the criteria of Rule 14-65.0065, F.A.C.

(5) Special events and filming shall be subject to the safety conditions set forth in the permit.

Rulemaking Authority 334.044(2), 334.044(10)(a), 335.10(2) FS. Law Implemented 337.406(1) FS. History–New________.