This rule chapter is being amended and restructured, including repealing six of the existing rules. The repeal of rules is part of the Department’s overall goal to review existing rules and to repeal any rules that are considered to be obsolete or ...

 

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-28.0011: Definitions
14-28.0012: Forms
14-28.002: Rest Area/Wayside Park Regulations
14-28.003: Procedures for Use of Rest Areas and Wayside Parks for Non-Profit Organizations to Assemble for Safety Purposes
14-28.005: Solicitation Permits
14-28.006: Notification
14-28.007: Solicitation Restrictions
14-28.008: Suspension or Revocation of a Solicitation Permit
PURPOSE AND EFFECT: This rule chapter is being amended and restructured, including repealing six of the existing rules. The repeal of rules is part of the Department’s overall goal to review existing rules and to repeal any rules that are considered to be obsolete or unnecessary. The remaining two rules are simplified. The rule chapter title also is amended.
SUMMARY: Six of the existing rules are being repealed and the remaining two rules are simplified. The rule chapter title also is amended.
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), 337.405, 337.406, 496.425 FS.
LAW IMPLEMENTED: 316.130, 334.044(13), (28), 335.02(1), 337.405, 337.406, 496.425 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: James C. Myers, 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:

REST AREAS AND WELCOME CENTERS

PUBLIC USE OF REST AREAS, WAYSIDE

PARKS, AND SOLICITATION

ON STATE HIGHWAY FACILITIES

 

14-28.0011 Definitions.

Specific Authority 334.044(2) FS. Law Implemented 316.130, 335.02(1), 337.406(1), 496.404 FS. History–New 10-25-89, Amended 7-6-93, Repealed________.

 

14-28.0012 Forms.

Specific Authority 120.53(1)(b), 120.60, 334.044(2) FS. Law Implemented 120.53(1)(b), 120.60, 334.044(2), 335.02(1), 337.406(1), 496.425 FS. History–New 10-25-89, Amended 7-6-93, Repealed________.

 

14-28.002 Public Use of Rest Areas and Welcome Centers/Wayside Park Regulations.

Rest areas and welcome centers wayside parks are provided as safety rest stops for travelers to use on a first come, first served basis. Persons using rest areas and welcome centers wayside parks shall comply with the following requirements:

(1) Group functions are prohibited.

(2) Camping is prohibited.

(3) The use of alcoholic beverages and drugs is prohibited.

(4) Parking for periods greater than three hours is prohibited. This does not apply to solicitations participants permitted under Rules 14-28.003 and 14-28.005, F.A.C.

(5) All vehicles must be parked in the proper manner at locations designated by the Florida Department of Transportation (Department).

(6) Animals must be kept on leash or in other appropriate restraining devices, e.g. cages, and shall not be taken into any shelters or other buildings. This provision is not applicable to animals used by the blind or other handicapped persons with disabilities.

(7) No person shall disturb or injure birds, nests, eggs, squirrels, or any other animals within the area.

(8) No person shall pick any flowers, foliage, fruit; or cut, break, dig up, or in any way mutilate or injure any tree, shrub, plant, grass turf, railing seat, fence, structure or anything within the area; or cut, carve, write, paint or paste on any tree, stone, fence, wall, building, monument or other object therein, any bill, advertisement or inscription whatsoever.

(9) No person shall dig up or remove any dirt, stones, rocks or other objects; make any excavation, quarry any stones or lay or set off any blast or cause or assist in doing any of these activities within the area.

(10) Fires shall be made only in fire places or grills provided for this purpose and any person building a fire will be responsible for completely extinguishing the fire before leaving the area.

(11) No article or object shall be offered for sale within the area, except as authorized by law.

(12) Bottles, broken glass, ashes, waste paper or other rubbish shall be left only at such places provided for disposal by the Department.

(13) No person, except permitted non-profit organizations, shall hook up his or her vehicle to Department electrical and water outlets. All costs of making these hook ups shall be at the permittee’s expense. The permittee will be responsible for the safety of all connections, hoses, wires, etc. Hazardous situations may be identified by the Department and must be corrected by the permittee immediately. Failure to do so shall result in revocation of the permit. The permittee will be responsible for obtaining all local government permits and health department approvals, which will be posted where they can be seen easily. All damages to Department property shall be repaired at the permittee’s expense.

Specific Authority 334.044(2), 337.405, 337.406 FS. Law Implemented 334.044(13), 335.02(1), 337.405, 337.406(1) FS. History–New 9-2-82, Formerly 14-28.02, Amended 10-25-89, 8-28-91, 7-6-93,________.

 

14-28.003 Procedures for Use of Rest Areas and Wayside Parks for Non-Profit Organizations to Assemble for Safety Purposes.

Specific Authority 334.044(2), 335.16(1) FS. Law Implemented 334.044 (28), 335.16(1), 337.406(1) FS. History–New 9-2-82, Formerly 14-28.03, Amended 10-25-89, 8-28-91, 7-6-93, Repealed________.

 

14-28.005 Solicitation Within Rest Areas and Welcome Centers Permits.

(1) Only non-profit organizations registered with the Department of Agriculture and Consumer Services, pursuant to Chapter 496, F.S., and holding a valid consumer certificate of exemption issued by the Department of Revenue may apply for a solicitation permit to solicit funds which have secured may solicit within approved rest areas and welcome centers the Department public access facilities. Permits for solicitation within the Department public access facilities are issued by the Department and permits for solicitation on state roads are issued by the appropriate Local Governmental Entity.

(2) Non-profit organizations which have secured a solicitation permit, Form Number 850-040-70, 01/93, from the Department may solicit at approved interstate rest areas, Welcome Center rest areas, turnpike service plazas, and other approved Department public access facilities.

(a) A non-profit The organization must obtain a separate solicitation permit from each Department Ddistrict within the whose boundaries of the intended solicitation it will solicit or from the Maintenance Office of Florida’s Turnpike for solicitation on Florida’s Turnpike System.

(3)(b) Permit Aapplications for Solicitation at a Department Rest Area or Welcome Center, Form Number 850-040-70, 06-07 01/93, and Indemnification Agreement, Form 850-040-72, 06/07, incorporated herein, may be obtained from any of the Department’s District or Area Maintenance Offices(s) or the Maintenance Office of Florida’s Turnpike. A The completed application shall may then be submitted by the permittee to the appropriate District or Area Maintenance Office(s). The District Maintenance Engineer or designee will be responsible for approval or denial of the permit.

(4)(c) The permit application shall include:

1. The name, mailing address, and telephone number of the organization applying for the permit.

2. A description of the proposed activities.

(a)3. A copy of the Consumer’s Certificate of Exemption issued to the applicant by the Florida Department of Revenue.

4. An indemnification agreement, Form Number 850-040-72, 01/93, stating that in consideration of receiving a permit, the applicant agrees to indemnify, defend, save, and hold harmless the Department from all claims, demands, liabilities, and suits of any nature arising out of or because of any activities or actions taken by the permittee.

(b)5. Proof of registration with A copy of the letter of compliance or exemption issued by the Florida Department of Agriculture, Division of Consumer Services. This will apply to all non-profit organizations except religious or educational institutions, state agencies, or other government entities and political contributions solicited in accordance with the election laws of this state.

(c) An executed Indemnification Agreement, Form 850-040-72.

(d) Within 15 days of any change in the information submitted in the permit application, the applicant shall provide the Department with the corrected information.

(e) A solicitation permit shall be valid only in the Department District in which it is issued for one year from the date of its issuance, and a copy of the approved permit shall be kept on file in the District Maintenance Office for this period of time.

(f) Time frames associated with the approval, denial, suspension, or revocation of a solicitation permit shall be in accordance with Chapter 120, F.S.

(3) Non-profit organizations, which have secured approval of the appropriate local government authority may solicit at the approved location on the state road. Permits for solicitation on state roads located within city limits should be obtained from and issued by the city. Permits for solicitation on state roads located outside city limits should be obtained from and issued by the county in which the state road is located. Permits for solicitation on expressways should be obtained from and issued by the expressway authority and any local governmental entity with jurisdiction.

(5) The Maintenance Engineer or designee having jurisdiction over the facility will designate an area within the premises for the permittee’s use, and specify any other restrictions in the permit, such as the number of persons and the hours permitted, according to the available space, hours of operation, and security of the location.

(6) In the event more than one organization wishes to solicit during the same period at the same site, the first complete application received by the Department will be the first considered for approval.

(7) The permittee shall comply with the provisions of Section 496.425, F.S., and the restrictions specified in the permit.

(8) All permittees shall also comply with the following:

(a) Solicitation shall not be conducted on any area paved for vehicular travel or within any area of construction.

(b) Solicitation shall not be conducted in or around any area reserved for a particular use, such as a parking area, restroom facility, sidewalk, dining area, vending machine area, stairwells, doors of public circulation, and foyers.

(c) No advertising of the organization will be allowed on the roadway. Only one sign, no larger than 3' x 5', displaying the organization’s name and the permit will be allowed in the designated area. The sign shall clearly contain the following language: “Those soliciting are not employed or endorsed by the State of Florida.”

(d) No solicitor may be under the age of 18 years.

(e) Solicitors shall comply with all applicable laws and no organization or solicitor may:

1. Knowingly solicit from on duty state employees, on duty employees of a state contractor, or employees of authorized business on the premises.

2. Harass any person, including demanding, threatening, or intimidating conduct, or persist after solicitation has been declined.

3. Hamper or impede the conduct of any authorized business.

4. Request a minimum contribution or specify an amount of contribution.

5. Offer food or drink at a site where food or drinks are made available under the auspices of the State.

6. Obstruct, delay, or interfere with or distract from the free movement of either pedestrians or vehicular traffic, or

7. Create a safety or operation problem for the Department, or a danger to the public health, safety, and welfare.

(9) The permittee shall submit a Notification and Request for Facility Use, Form Number 850-040-71, 06/07, incorporated herein, to the appropriate District or Area Maintenance Office at least three days prior to undertaking any solicitation and no more than 60 days prior to an event. Each event may not exceed one week. A copy of Form 850-040-71 may be obtained from any of the Department’s District or Area Maintenance Office(s).

(10) The permittee shall maintain its registration pursuant to Chapter 496, F.S., and the exemption by the Department of Revenue during the permit period, and shall immediately inform the Department of any change in status. The permit becomes invalid at the time the permittee is no longer a qualified entity under Section 496.425, F.S. The Department has the authority to suspend or revoke a permit for any violation of this rule chapter in accordance with Section 496.425, F.S.

Specific Authority 120.53(1)(a),(b), 120.60, 334.044(2), 337.406, 496.425 FS. Law Implemented 316.130, 334.044(13), (28), 335.02(1), 337.406(1), 496.425 FS. History–New 10-25-89, Amended 7-6-93,__________.

 

14-28.006 Notification.

Specific Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 316.130, 334.044(28), 335.02(1), 337.406(1), 496.425 FS. History– New 10-25-89, Amended 5-23-90, 7-6-93, Repealed________.

 

14-28.007 Solicitation Restrictions.

Specific Authority 334.044(2) FS. Law Implemented 316.130, 335.02(1), 337.406(1l), 496.425 FS. History–New 10-25-89, Amended 7-6-93, Repealed________.

 

14-28.008 Suspension or Revocation of a Solicitation Permit.

Specific Authority 120.60, 334.044(2) FS. Law Implemented 120.60, 316.130, 335.02(1), 337.406(1), 496.415, 496.416, 496.417, 496.425 FS. History–New 10-25-89, Amended 7-6-93, 1-17-99, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dale Cook, Traffic Services Manager, State Maintenance Office
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Kevin Thibault, Assistant Secretary for Engineering and Operations, for Stephanie C. Kopelousos, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 24, 2007