To add a definition of the term “clear zone” and to clarify requirements for placement of bus benches, bus shelters, and bus stops 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

PURPOSE AND EFFECT: To add a definition of the term “clear zone” and to clarify requirements for placement of bus benches, bus shelters, and bus stops on state right of way.

SUMMARY: The rule is being adopted to address placement of bus benches, bus shelters, and bus stops on state right of way.

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 these rules that exceeds the stated criteria. Upon review of the proposed rulemaking, the Department determined that the proposed rules will not exceed any one of the economic analysis criteria in a SERC as set forth in section 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), 337.408(4) F.S.

LAW IMPLEMENTED: 334.044(13), 337.408 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: John Ashley Peacock, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street, Tallahassee, FL 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-20.0025 Definitions.

(1) The following terms are defined:

(a) “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.

(b)(2) “Department” means the Florida Department of Transportation.

(c) “Clear Zone” means as defined in the Department’s 2022 FDOT Design Manual, Chapter 215, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14684, effective January 1, 2023, and available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/roadway/fdm/2022/2022fdm215roadsidesafety.pdf?.

(d)(3) “School Bus” means as defined in Section 316.003, F.S.

(e)(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.

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

(g)(6) “Totem Ssign” 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.

(2) Sunset. The Department intends to repeal the provisions of this rule 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 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 337.408 FS. History–New 12-26-90, Amended 5-15-97, 5-25-08, 7-13-16 __________.

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 state road along with any appurtenant totem sign, subject to the following:

(1) No change.

(2) No change.

(3) Shelters are prohibited on limited access facilities. Bus shelters are prohibited in medians except when maintained by bus rapid transit providers using an inside lane for passenger access transport.

(4) Locate The shelters shelter location including and any appurtenant totem signs, as follows:

(a) As close to the right of way as practicable and not less than four feet from the back of curb for curbed roadways with a posted speed limit of 45 MPH or less.

(b) Outside of the Clear Zone as close to the right of way as practicable for flush shoulder roadways.

(c) Outside of the Clear Zone as close to the right of way as practicable for curbed roadways with a posted speed limit greater than 45 MPH must meet the set back and minimum clear recovery zone requirements as established in the Department’s Design Standards, Index Number 700, revised January 1, 2016, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06941 and available at: www.dot.state.fl.us/rddesign/DS/17/IDx/00700.

(5) Shelters and any appurtenant totem signs shall not be located within 15 feet of any fire hydrant or accessible 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, and shall provide a clear, unobstructed width of five feet standard (four feet minimum) for pedestrian traffic wholly within the sidewalk or walking path (measured between the edges of the sidewalk or walking path, not inlcuding the top of any roadway curbs) at least four feet of clearance for pedestrian traffic between the front of the shelter and the nearest edge of the road.

(7) The requirements for the location of shelters in Rule 14-20.003, F.A.C., shall apply to shelters placed on the right of way of a state road on or after January 1, 2023, or for shelters removed or relocated due to construction, repair, improvement, maintenance, alteration, or relocation of all, or any portion of a state road on or after January 1, 2023. Existing shelters shall comply with all applicable laws and regulations in effect at the time of original placement/installation.

(7) through (17) renumbered (8) through (18) No change.

(19) Sunset. The Department intends to repeal the provisions of this rule 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 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 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, 7-13-16 __________.

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) No change.

(2) Any bench placed on any part of a sidewalk shall leave a clear, unobstructed width of five feet standard (four feet minimum) at least four feet clearance for pedestrian traffic wholly within the sidewalk or walking path (measured between the edges of the sidewalk or walking path, not including the top of any roadway curbs) between the bench and the nearest edge of the road.

(3) through (7) No change.

(8) Locate benches, as follows:

(a) As close to the right of way as practicable and not less than four feet from the back of curb for curbed roadways with a posted speed limit of 45 MPH or less.

(b) Outside of the Clear Zone as close to the right of way as practicable for flush shoulder roadways.

(c) Outside of the Clear Zone as close to the right of way as practicable for curbed roadways with a posted speed limit greater than 45 MPH.

The bench location must meet the set back and minimum clear recovery zone requirements established in the Department’s Design Standards Index Number 700, revised January 1, 2016, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06941 and available at: http://www.dot.state.fl.us/rddesign/DS/17/IDx/00700.

(d) The requirements for the placement/location of benches in Rule 14-20.0032, F.A.C., shall apply to benches placed on the right of way of a state highway on or after January 1, 2023, or for benches removed or relocated due to construction, repair, improvement, maintenance, alteration, or relocation of all, or any portion of a state highway on or after January 1, 2023. Existing benches shall comply with all applicable laws and regulations in effect at the time of original placement/installation.

(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 on the State Highway System, any bench and appurtenances thereto, authorized by this rule, shall be immediately removed from said state road the right of way of said road on the State Highway System 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.

(10) Sunset. The Department intends to repeal the provisions of this rule 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 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 337.408 FS. History–New 12-26-90, Amended 8-11-92, 5-15-97, 7-16-98, 5-25-08, 7-13-16 __________.

14-20.004 Public Transit Bus Stops.

(1) through (7) No change.

(8) Transit bus stop signs shall be attached to supports meeting the location, height, and lateral placement requirements established in the Department’s FY 2021-22 Standard Plans for Road and Bridge Construction, Index 700-101 Design Standards, Index Number 17302, revised July 1, 2015, incorporated herein by reference at  http://www.flrules.org/Gateway/reference.asp?No=Ref-14685 https://www.flrules.org/Gateway/reference.asp?No=Ref-06942, effective January 1, 2023, and available at: https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/design/standardplans/2022/idx/700-101.pdf  http://www.dot.state.fl.us/rddesign/DS/17/IDx/17302.

(9) The requirements for the attachment of transit bus stop signs in Rule 14-20.004, F.A.C., shall apply to transit bus stop signs placed on the right of way of a state road on or after January 1, 2023, or for transit bus stop signs removed or relocated due to construction, repair, improvement, maintenance, alteration, or relocation of all, or any portion of the supports located on the right of way of a state road on or after January 1, 2023. Existing transit bus stop signs shall comply with all applicable laws and regulations in effect at the time of original placement/installation.

(10) Sunset. The Department intends to repeal the provisions of this rule 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 334.044(2), 337.408(4) 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, 7-13-16 __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Wiglesworth, Transit Planner

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 20, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 2, 2022