To update the allowable time and conditions for use of roadside rest areas.

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-28.002Public Use of Rest Areas and Welcome Centers

14-28.005Solicitation Within Rest Areas and Welcome Centers

PURPOSE AND EFFECT: To update the allowable time and conditions for use of roadside rest areas.

SUMMARY: Distinguishes parking limits for commercial and private vehicle operators. Clarifies requirements for use and charitable solicitation at roadside facilities.

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: no fees or additional costs have been identified in this rule.

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), 337.405, 337.406, 496.425, FS.

LAW IMPLEMENTED: 334.044(13),(28), 335.02, 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 THE FAR.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-28.002 Public Use of Rest Areas, and Welcome Centers, Truck Comfort Stations, and Wayside Parks.

Rest areas, and welcome centers, truck comfort stations and wayside parks are provided for the rest, relaxation, and comfort of the traveling public as safety rest stops for travelers to use on a first come, first served basis. These roadside facilities are safely removed from the traveled way to provide motorists with a safe opportunity to stop and rest. Persons using these facilities rest areas and welcome centers shall comply with the following requirements:

(1) Group functions are prohibited.

(2) Camping is prohibited.

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

(4) Parking at rest areas and welcome centers is limited to a period of up to for periods greater than three hours, except for commercial vehicle operators and persons is prohibited. This does not apply to solicitations permitted under Rule 14-28.005, F.A.C.

(5) Parking at rest areas and welcome centers is limited to a period of up to ten hours for commercial motor vehicle operators subject to hours of service regulations under the United States Code of Federal Regulations (CFR) or state law.

(6)(5) All vehicles, including commercial motor vehicles, must be parked in the appropriate parking space designed to accomodate the vehicle proper manner at locations designated by the Florida Department of Transportation (Department).

(7)(6) Animals must be kept on leash or in other appropriate restraining devices, e.g. cages, except for designated fenced no-leash exercise areas, if available. Animals, other than service animals, and shall not be taken into any shelters or other buildings. This provision is not applicable to animals used by persons with disabilities.

(8)(7) No person shall disturb or injure birds, nests, eggs, squirrels, or any other animals within the area. Feeding of wild or feral animals on-site is prohibited.

(9)(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.

(10)(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.

(11)(10) Fires are prohibited, except for facilities where shall be made only in fire places or grills are present and provided for this purpose and any. A person building a fire using a grill at locations where grills are present will be responsible for completely extinguishing the grill fire before leaving the area.

(12)(11) No article or object shall be offered for sale within the area.

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

(14)(13) No person shall hook up his or her vehicle to electrical and water outlets.

Rulemaking Authority 334.044(2), 337.405, 337.406 FS. Law Implemented 334.044(13)(25), 335.02(1), 337.405, 337.406 FS. History–New 9-2-82, Formerly 14-28.02, Amended 10-25-89, 8-28-91, 7-6-93, 11-19-07,                  .

 

14-28.005 Solicitation Within Rest Areas and Welcome Centers.

(1) Only 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 permit to solicit funds within approved rest areas and welcome centers.

(2) The organization must obtain a separate solicitation permit from each Department District within the boundaries of the intended solicitation by submitting a completed.

(3) Permit Application for Solicitation at a Department Rest Area or Welcome Center, Form 850-040-70, rev. 1/15 06/07,  incorporated herein at   https://www.flrules.org/Gateway/reference.asp?No=Ref-09885,

and Indemnification Agreement, Form 850-040-72, 06/07, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-09886, may be obtained from any of the Department’s District or Area Maintenance Office(s). A completed application shall be submitted by the permittee to the appropriate District or Area Maintenance Office(s).

(4) The permit application shall include:

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

(b) Proof of registration with the Florida Department of Agriculture, Division of Consumer Services.

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

(2) At least three days and no more than sixty days prior to undertaking any solicitation, a permitted organization shall submit a Request for Facility Use on Form 850-040-71, 6/07, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-09887.  Events shall be limited to once per month and will not exceed one week.   

(3)(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.

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

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

(6)(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' ˟ 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 or sell 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).

(7)(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.

Rulemaking Authority 334.044(2), 337.406, 496.425 FS. Law Implemented 316.130, 334.044(13), (28), 335.02, 337.406, 496.425 FS. History–New 10-25-89, Amended 7-6-93, 11-19-07,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rudy Powell, Director, Office of Maintenance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Dew, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 17, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 18, 2018