Fla. Admin. Code tit. 14 | Fla. Admin. Code Title 14 — Department of Transportation

Division 14A Commercial Motor Vehicle Review Board

Chapter 14A-1 COMMERCIAL MOTOR VEHICLE REVIEW BOARD

Fla. Admin. Code R. 14A-1.001 Powers

History

Rulemaking Authority 334.044(2) FS. Law Implemented 316.3025, 316.540, 316.545 FS. History–New 1-1-75, Formerly 14A-1.01, Amended 4-26-89, 8-5-96, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.002 Organization

History

Rulemaking Authority 316.3025, 334.044(2) FS. Law Implemented 316.545(7) FS. History–New 4-26-89, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.003 Officers and Staff

History

Rulemaking Authority 316.3025, 334.044(2) FS. Law Implemented 316.545(7) FS. History–New 4-26-89, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.004 Meetings of the Commercial Motor Vehicle Review Board

(1) Commercial Motor Vehicle Review Board (Review Board) meetings shall be scheduled as often as necessary, based upon a sufficient number of requests for review to justify the expense of holding a meeting, but in no case shall there be less than six meetings a year. The schedule of meetings and locations is available on-line at www.fdot.gov/traffic/Traf-Incident/CMVRB/CMVRB.shtm.

(a) The Review Board will consider testimony or other evidence supporting the modification, cancellation, or revocation of penalties imposed pursuant to Sections 316.516, 316.545, 316.550 or 316.3025, F.S.

(b) The location and agenda of each meeting will be determined by the Chair of the Review Board.

(2) Agendas. The Chair of the Review Board will be responsible for the preparation and distribution of agenda items to be considered at the meeting, including the time and place of such meeting, to Review Board members at least 14 days prior to the meeting.

(3) Timely Written Request for Hearing. Any person who wishes to have a penalty that was imposed pursuant to Sections 316.3025, 316.516, 316.545 or 316.550, F.S., considered by the Review Board shall file a written request for hearing. The request must include a copy of the citation, a letter explaining the grounds for the protest and either proof of payment, filing of a good and sufficient bond, or a request for a variance of the advance payment of the fine, and any supporting documentation. Requests for a hearing should be e-mailed to: CMVRB@dot.state.fl.us, faxed to: (850)412-8029, or mailed to: CMVRB, 605 Suwannee Street, MS #90, Tallahassee, Florida 32399. The request must be received by the Review Board no later than 60 days from the date on the Citation.

(4) Appearances. Any person with a penalty imposed for a violation of Sections 316.3025, 316.516, 316.545 or 316.550, F.S., that has complied with all applicable requirements of this rule may appear in person, through an authorized representative, or through legal counsel. Upon written request received at least five days prior to the hearing, any person requesting a hearing may appear remotely before the Review Board via communications media technology as authorized by Chapter 28-109, F.A.C.

(a) Any person requesting a hearing, who will not be present (either in person or through videoconference) or represented, shall submit evidence or arguments no less than 14 days prior to the scheduled hearing.

(b) The Review Board will sustain all penalties imposed when no testimony, written evidence, other evidence, or arguments are presented to the Review Board.

(5) Records. Meetings of the Review Board will be recorded and preserved for a minimum of two years after approval of the meeting minutes.

(6) Continuances. Requests to continue a matter scheduled for hearing shall be in writing and must be received by the Review Board at least seven days prior to the scheduled meeting. Continuances will be based upon good cause being shown. If during a scheduled meeting, the Review Board requires additional information to decide a matter, the Review Board will continue the matter to the next scheduled meeting to allow for presentation of additional information.

(7) Decisions. The Review Board will render its decision and notify the person requesting the hearing within 30 days after the hearing. The Review Board’s decision will be in writing and will be final.

History

Rulemaking Authority 316.535(7), 316.550(6), 334.044(2) FS. Law Implemented 316.3025, 316.516, 316.545, 316.550 FS. History–New 4-26-89, Amended 8-5-96, 12-23-03, 2-24-13, 6-22-16, 10-20-21, 12-23-24.

Fla. Admin. Code R. 14A-1.005 Public Notice of Meetings

History

Rulemaking Authority 334.044(2) FS. Law Implemented 286.0105, 316.545(7) FS. History–New 4-26-89, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.006 Agendas

History

Rulemaking Authority 120.53(1)(d), 334.044(2) FS. Law Implemented 316.545(7) FS. History–New 4-26-89, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.007 Timely Written Request for Meeting

History

Rulemaking Authority 120.53(1)(b), 334.044(2) FS. Law Implemented 316.3025, 316.545(7) FS. History–New 4-26-89, Amended 8-5-96, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.008 Appearances

History

Rulemaking Authority 120.53(1)(b), 334.044(2) FS. Law Implemented 316.3025, 316.540, 316.545(4)(c), (7), (8) FS. History–New 4-26-89, Amended 8-5-96, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.009 Records

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 286.011, 316.545(7) FS. History–New 4-26-89, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.010 Continuances

History

Rulemaking Authority 120.53(1)(b), 316.3025, 334.044(2) FS. Law Implemented 316.545(7) FS. History–New 4-26-89, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.011 Decisions

History

Rulemaking Authority 334.044(2) FS. Law Implemented 316.3025, 316.545(8) FS. History–New 4-26-89, Amended 8-5-96, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.012 Rehearings

History

Rulemaking Authority 316.3025, 334.044(2) FS. Law Implemented 316.3025, 316.545(8) FS. History–New 4-26-89, Repealed 12-23-03.

Fla. Admin. Code R. 14A-1.013 Administrative Hearings

History

Rulemaking Authority 334.044(2) FS. Law Implemented 120.569, 120.57(1), 316.545 FS. History–New 4-26-89, Amended 8-5-96, 1-17-99, Repealed 12-23-03.

Division 14 Departmental

Chapter 14-1 RULES OF PROCEDURE - ORGANIZATION

Fla. Admin. Code R. 14-1.001 The Agency

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 20.23, 120.53 FS. History–New 6-26-75, Formerly 14-1.01, Amended 7-3-89, Repealed 2-22-96.

Fla. Admin. Code R. 14-1.002 The Agency Head

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 20.23(1), 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.02, Amended 7-3-89, Repealed 2-22-96.

Fla. Admin. Code R. 14-1.003 General Description of the Agency

History

Rulemaking Authority 20.53(1)(c), 334.044(2) FS. Law Implemented 20.23 FS. History–New 6-26-75, Formerly 14-1.03, Amended 7-3-89, 5-2-90, 2-13-91, 3-18-92, 2-22-96, 4-2-98, Repealed 10-30-05.

Fla. Admin. Code R. 14-1.004 Delegation of Authority

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 20.23, 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.04, Amended 7-3-89, 3-18-92, Repealed 2-22-96.

Fla. Admin. Code R. 14-1.005 Identification of Employees

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.05, Repealed 7-3-89.

Fla. Admin. Code R. 14-1.006 Location of Agency Officers

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 20.23, 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.06, Amended 7-3-89, Repealed 2-22-96.

Fla. Admin. Code R. 14-1.007 Statutory Provisions and Rules

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.07, Repealed 7-3-89.

Fla. Admin. Code R. 14-1.008 Public Records

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 20.23, 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.08, Amended 7-3-89, Repealed 2-22-96.

Fla. Admin. Code R. 14-1.0081 Special Service Charge for Public Records Request

History

Rulemaking Authority 334.044(2) FS. Law Implemented 119.07, 334.044(29) FS. History–New 3-24-98, Repealed 9-26-07.

Fla. Admin. Code R. 14-1.009 Applications for Employment

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.09, Repealed 9-26-95.

Fla. Admin. Code R. 14-1.010 Applications and Forms for Permits, Licenses, Certificates, Approvals or Privileges Granted, Approved or Otherwise Provided by the Department of Transportation

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.10, Repealed 2-22-96.

Fla. Admin. Code R. 14-1.011 Incorporation by Reference

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 120.53(1)(a) FS. History–New 6-26-75, Formerly 14-1.11, Repealed 7-3-89.

Fla. Admin. Code R. 14-1.012 Public Access to the Department of Transportation

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 120.53(1)(a), (6), 286.011 FS. History–New 6-26-75, Formerly 14-1.12, Amended 7-3-89, Repealed 2-22-96.

Fla. Admin. Code R. 14-1.013 Clerk of Agency Proceedings

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 28.24, 120.52, 120.53, 120.56, 120.565, 120.57, 120.58, 120.59, 120.60, 120.68 FS. History–New 7-3-89, Amended 5-2-90, Repealed 3-25-07.

Fla. Admin. Code R. 14-1.020 General Purpose and Application

History

Rulemaking Authority 334.044(2) FS. Law Implemented 120.53(1)(b), (c), 120.533(2)-(4), 120.57 FS. History–New 6-26-75, Amended 9-1-75, Formerly 14-6.01, Amended 8-1-90, 4-6-93, 1-17-99, Formerly 14-6.001, Repealed 10-25-10.

Fla. Admin. Code R. 14-1.021 Final Orders

History

Rulemaking Authority 120.53(1), 334.044(2) FS. Law Implemented 120.53(2) FS. History–New 4-6-93, Amended 2-20-96, 11-16-00, 5-8-03, Formerly 14-6.0011, Amended 10-25-10, Repealed 10-9-11.

Chapter 14-8 RULES OF PROCEDURE - PROTECTION OF COPYRIGHTABLE MATERIAL

Fla. Admin. Code R. 14-8.003 Protection of Copyrightable Material

History

Specific Authority 334.044(2) FS. Law Implemented 286.021, 286.031, 334.049 FS. History–New 12-29-75, Amended 4-11-76, Formerly 14-8.03, Amended 8-5-96, Repealed 10-15-06.

Chapter 14-10 OUTDOOR ADVERTISING SIGN REGULATION AND HIGHWAY BEAUTIFICATION PROGRAM

Fla. Admin. Code R. 14-10.001 Purpose

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.03 FS. History–New 3-28-76, Amended 4-21-77, 12-10-77, 1-1-86, Formerly 14-10.01, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.0011 General Provisions

(1) Definitions. All terms in this rule chapter shall have the same meanings as those in Section 479.01, F.S. Additionally, the following terms are defined:

(a) “Applicant” means the person or entity seeking permission for an outdoor advertising sign under this rule chapter.

(b) “Completed Sign,” for purposes of Section 479.07(5)(a), F.S., means an erected sign structure with attached facing, and a posted message.

(c) “Crown” means the highest point of elevation on the road pavement of the main traveled way immediately adjacent to the sign.

(d) “Embellishment” means a temporary extension of a sign face which contains a portion of the message or informative contents, and which is added, modified, or removed when the message is changed.

(e) “Height Above Ground Level (HAGL)” means the distance between the ground and the bottom of the sign face, excluding any border and trim, as measured from the point on the sign facing closest to the main-traveled way.

(f) “Location or site” means the specific place or position of a proposed or existing sign. Location is generally identified by specifying a milepost on the Roadway Characteristics Inventory (RCI) system together with a distance from the edge of the pavement or the right of way line by specifying the State Plane Coordinates or by specifying the latitude and longitude.

(g) “Permitted Sign” means a sign, whether erected or not, for which an Outdoor Advertising Permit, Form 575-070-30, Rev. 07/01, incorporated herein by reference, has been issued, which permit has not been revoked, canceled, expired, or declared void.

(h) “Rest Area” means a publicly owned, controlled, and designated place for emergency stops, relaxation, and recreation, including sanitary and other facilities within or adjacent to the highway right of way.

(i) “Sign Structure Height” means the total vertical distance from the crown of the main-traveled way to the top of the highest sign face, including any border or trim, excluding embellishments.

(2) Names and Addresses.

(a) For consideration of a license or sign permit under this rule chapter, completed forms must be sent to:

Outdoor Advertising License and Permit Office

Florida Department of Transportation

605 Suwannee Street, MS #22

Tallahassee, Florida 32399-0450

Forms referenced in this rule may be obtained at the above address or at the website: http://www.dot.state.fl.us/rightofway/Documents.shtm.

(b) Licenses and sign permits may only be issued in the current legal name or registered fictitious name of the applicant, whether an individual, business, or corporation. Any notice issued by the Department to a fictitious name filed with the Department shall have the same effect as if issued in the legal name of the permittee or licensee.

(c) All correspondence from the Department to the licensee or permittee including billing, notices of violation, or other information issued by the Department will be electronic unless the licensee or permittee notifies the Department in writing that the mailing address is the perferred method of receipt.

(d) A licensee or permittee shall notify the Department, in writing, within 30 calendar days of any change in address. This notification shall include:

The date the change of name or address (mailing or e-mail) becomes effective,
The account name as listed on the Department billing,
The name of the individual authorized to sign the notice, and
Certification from the person with authority to update the information.

(e) Notices or any other correspondence issued by the Department to the address on file prior to receipt of such written notification of an address change are valid and shall be considered received by the licensee or permittee.

(f) License Applications, Permit Applications, Replacement Requests, Transfer Requests, and Cancellation Certifications must contain a statement by the signatory that he/she is the authorized representative and has the authority to sign for the applicant.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 334.044(28), 479.02 FS. History–New 6-28-98, Amended 8-19-01, 10-3-10, 10-7-15.

Fla. Admin. Code R. 14-10.002 Scope

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 339.05, 479.02, 479.03, 479.20 FS. History–New 3-28-76, Amended 4-21-77, 12-10-77, Formerly 14-10.02, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.0021 Definitions

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.01, 479.02, 479.03, 479.07(9) FS. History–New 1-1-86, Formerly 14-10.21, Amended 12-26-95, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.0022 Outdoor Advertising Sign Inventory

Pursuant to Section 479.02(8), F.S., the Department shall update its outdoor advertising database inventory information for all permitted signs no less than every two years. This inventory shall provide, as a minimum, the following current information derived from field review and historical information contained in the Department’s files:

(1) Location of the sign;

(2) Original sign permit issue date;

(3) Date the sign was erected;

(4) Height, width and square footage of each sign facing;

(5) Number and type of support structures used;

(6) Height above ground level of the sign facing;

(7) Sign structure height;

(8) Whether the sign is lighted;

(9) Whether the sign is in conformance with local land use requirements;

(10) Whether the sign is in an urban area;

(11) Whether the sign is in an incorporated area;

(12) Status of the sign, whether conforming, nonconforming, or illegal;

(13) Permittee’s name and address;

(14) Sign permit number(s), current and previous, assigned to the sign facing;

(15) Status of the sign permit, whether active or canceled, revoked, expired, or void; and,

(16) Date the sign was removed, when applicable.

Changes made to the Department’s previous inventory records to reflect physical characteristics of a sign or sign facing existing at the time of an inventory update shall not create a waiver or constitute forgiveness of any violation of the provisions of Chapter 479, F.S.

History

Rulemaking Authority 334.044(2), 479.02(7), (8) FS. Law Implemented 339.05, 479.01, 479.02, 479.03, 479.07(9) FS. History–New 6-28-98, Amended 10-3-10.

Fla. Admin. Code R. 14-10.003 Licenses

(1) Outdoor Advertising License Required.

(a) A person or entity is considered to be in the business of outdoor advertising and is required to have an outdoor advertising license if that person or entity is operating, maintaining, leasing, or selling outdoor advertising structures, outdoor advertising signs, or outdoor advertisements.

(b) Persons or entities solely engaged in the following are exempt from the licensing requirement:

Advertising their own business or businesses, or
Erecting or constructing signs.

(2) Application Form. An application for a license to engage in the business of outdoor advertising shall be made on an Outdoor Advertising License Application, Form 575-070-02, Rev. 08/15, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06269.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 120.60, 215.34(2), 334.044(28), 339.05, 479.02, 479.04, 479.05, 479.07 FS. History–(Formerly part of Rule 14-15.05, Right of Way Bureau Operating Procedures), New 3-28-76, Amended 4-21-77, 12-10-77, 1-1-86, Formerly 14-10.03, Amended 6-28-98, 8-19-01, 1-25-04, 12-31-06, 10-3-10, 1-7-16.

Fla. Admin. Code R. 14-10.004 Outdoor Advertising Permit Applications, Criteria, and Permit Issuance

(1) Applications. An application for a new sign permit is made by completing and submitting an Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 6/15, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-05475 to the address listed in paragraph 14-10.0011(2)(a), F.A.C. Each application for a sign permit shall meet the requirements of Chapter 479, F.S., this rule chapter, and the 1972 Federal-State Agreement, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-05479. In the event of a conflict between a provision in the 1972 Federal-State Agreement and a provision of Chapter 479, F.S., the more restrictive provision shall apply.

(a) A separate application is required for each sign permit requested (i.e. a back to back sign will require two applications). Separate payment for each application is recommended to avoid denial of multiple applications should one application be denied.

(b) Prior to issuing a sign permit, the Department will inspect the proposed sign site for compliance with Chapter 479, F.S., and this rule chapter. To ensure that the site being inspected is the same site specified in the application, the applicant shall mark the proposed site in such a manner that the markings are visible from the main-traveled way. The markings shall be displayed upon submission of the application, and shall be maintained by the applicant until the Department has approved or denied the application.

(c) The Department will act on sign permit applications in order of the date and time of receipt of complete applications.

An application will be considered complete when all items on the application form have been filled in, all required attachments have been received, and the correct permit fees have been submitted. All information provided on the application must be certified as being true and correct. Information required on the application from the local zoning official providing allowable land use and local government approval, must be current as of the date the complete application is received by the Department and the applicant must demonstrate that the conditions are still in effect.
Applications submitted with payment that will become void within 30 days from the Department receipt will be returned as incomplete.
Applications containing incorrect information will be denied.
Incomplete sign permit applications will be returned to the applicant along with any sign permit fees submitted with the application.
Completion of, or corrections to, the original submitted document must be initialed by the applicant on the original application.
Pursuant to Section 479.07(3)(b), F.S., the written statement from the landowner must have been issued to the applicant, or on behalf of the applicant. If a lease document is submitted as the statement from the landowner, the applicant must be the named lessee, or the document must be accompanied by a properly executed transfer of the leasehold rights to the applicant. The written statement must:

a. Identify the property on which the sign is to be located;

b. Indicate that the person authorizing placement of the sign on the property is the owner or the person in lawful control of the property. If the person authorizing placement of the sign is not the owner of the property, the legal status which gives him or her lawful control of the property must be indicated;

c. Grant the permission to or on behalf of the applicant; and,

d. Authorize placement of the sign on the subject property.

(2) Application status. Complete applications will be either approved or denied within 30 calendar days of receipt by the Department unless an earlier application for that site or a competing site is under review, the applicant is seeking a vegetation management permit, or removal of a conflicting sign is pending.

(a) A denied application will remain in a pending status until the time to request an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., has elapsed. If a hearing is requested, the application shall remain in a pending status until a final order has been issued and the time to request an appeal of the order has elapsed. If an appeal is taken, the application will remain in a pending status until the mandate is issued by the appellate court. Subsequent applications for conflicting sites shall be held without action until the pending status of the earlier application is resolved.

(b) If an application is approved, all subsequently received applications for conflicting sites shall be denied.

(c) When a permit application is received for a new sign site where vegetation management is required pursuant to Section 479.106, F.S., the permit will not be issued until the applicant has been issued a vegetation management permit by the Department in accordance with Rule 14-10.057, F.A.C. A permit shall not be issued to an applicant for a location at which unpermitted cutting, removal, or trimming of vegetation has occurred until such time as payment of the administrative penalty and mitigation as required by Rule 14-10.057, F.A.C., and Section 479.106(7), F.S., respectively, have been collected and the applicant has surrendered two nonconforming signs in accordance with Section 479.106(5), F.S.

(d) Applications for sign permits at locations which conflict with spacing requirements relating to the location of an expired or canceled sign permit will not be processed until the sign for which the expired or canceled permit was issued is removed, except for a sign permit being canceled as a condition for issuance of a new sign permit.

(3) Reduced Spacing on Interstates. For applications to be considered for a sign with between 1,000 feet and 1,500 feet of spacing from the nearest outdoor advertising sign along an interstate in accordance with Section 479.07(9)(c), F.S., in addition to the requirements of subsection (1) of this section, the applicant must submit:

(a) A copy of the local government adopted policy, ordinance, or other official document authorizing the placement of a new outdoor advertising sign along an interstate highway, in exchange for the removal of an existing sign from areas specifically designated by the local government; and,

(b) A copy of the agreement between the local government and the sign owner allowing such removal and replacement.

(4) Size. Each sign facing shall not exceed 30 feet in height. Each sign facing shall not exceed 60 feet in length. Advertising copy shall not exceed 950 square feet for all sign faces. Embellishments shall not extend more than five feet beyond the permanent sign face, and are included in any measurement of the height, width, or area of the sign facing.

(5) Number of Sign Faces. There shall be no more than two faces showing at one time for each sign facing.

(6) Location. Signs shall not be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device.

(7) Spacing. The distance between a proposed sign and the nearest permitted sign shall be measured along the edge of pavement of the main-traveled way from the location marked by the applicant to the location of the permitted sign. For signs that are permitted, but not constructed, the milepost location reflected in the permitted sign’s application shall be used. Measurement along the edge of pavement shall be from a point perpendicular to a tangent on the edge of the main-traveled way nearest the location of the sign.

(a) For V-type, or back-to-back signs, to be considered one sign for spacing purposes, the sign facings must either be connected by the same sign structure or cross-bracing, or the sign structures must be not more than fifteen feet apart at their nearest point.

(b) Official signs, signs exempt from permitting under Section 479.16, F.S., and structures that are not permitted signs shall not be considered in determining compliance with spacing requirements.

(c) The width of any intersections will be included in the measured distance between signs. This distance is measured in a direct line from the points of intersection of the edges of the main-traveled way.

(d) No sign permit shall be issued for a sign to be located on the interstate highway system, which is outside the boundaries of an incorporated municipality and within 500 feet of an interchange, intersection at grade, or rest area. The distance shall be measured along the interstate in the direction leading away from the interchange, intersection at grade, or rest area beginning at the pavement widening of the exit from the main-traveled way, or at the end of pavement widening of the entrance to the main-traveled way. For the purposed of this subsection, all portions of an interchange between the points of pavement widening of the entrance and exit ramps of the same interchange shall be considered part of that interchange.

(e) When a sign or proposed sign is, or would be located within the controlled area and visible from any portion of the main-traveled way of more than one highway subject to the jurisdiction of the Department, pursuant to Section 479.07(1), F.S., the sign shall meet the permitting requirements of all highways, and be permitted to the roadway with the stricter controls.

(8) Sign Structure Height. The height of a sign structure shall be measured from the elevation of the crown of the main-traveled way to which the sign is permitted to the top of the highest sign face, excluding embellishments.

(9) Lighting. Signs shall not be illuminated by flashing, intermittent, or moving lights. Signs shall not be illuminated so that it interferes with the effectiveness of or obscures, an official traffic sign, device, or signal.

(10) Changeable messages – Signs may have an automatic changeable facing provided:

(a) The static display time for each message is at least six seconds;

(b) The time to completely change from one message to the next is a maximum of two seconds or, if messages are displayed digitally, the message must change instantaneously;

(d) All signs with changeable messages shall contain a default design that will ensure no flashing, intermittent message, or any other apparent movement is displayed should a malfunction occur.

(11) Outside an incorporated area, signs will not be permitted within 100 feet of the property line of a cemetery, public park, public reservation, public playground, or state or national forest. For schools and churches outside an incorporated area, signs will not be permitted within 100 feet of the outer edges of the primary building or primary building complex when the individual units of the complex are connected by covered walkways.

(12) Changes to Roadway Designations.

(a) A sign existing at a location which was not previously subject to the permitting requirements of Chapter 479, F.S., and this rule chapter, but has subsequently become subject to the requirements due to changes in the jurisdictional designation of highways, shall be granted a conforming or non-conforming state permit in accordance with the process outlined below:

The Department shall conduct an inventory of outdoor advertising signs on the highway section subject to jurisdictional change and, within 60 calendar days of the effective date of the proposed change, advise all affected sign owners and local governments that the change is being considered, the regulatory effect of the change, and when the change may become effective.
Upon approval of the jurisdictional change, the Department will provide a second notice to sign owners and local governments advising that the change in jurisdiction has become effective and that sign owners have 30 calendar days from receipt of the second notice to submit an application for a sign permit.
When the Department is unable to provide the advance notice referenced in paragraph (a), the Department will advise the affected sign owners that they have 90 calendar days from receipt of the notice, that the change in jurisdiction has become effective and to submit an application for a sign permit.
The sign owner shall submit a completed application as provided in above subsection (1) together with all items required pursuant to Section 479.07(3)(b), F.S. The written statement required by Section 479.07(3)(b), F.S., shall be any written document from the appropriate local governmental official indicating compliance with local requirements as of the date of the permit application. A previously issued building permit shall be accepted as the statement from an appropriate local governmental official, except where the local government has provided notice to the sign owner that the sign is illegal or has undertaken action to cause the sign to be removed. When a building permit is submitted as the statement of the local government, the applicant shall certify in the application that the local government has not provided notice that the sign is illegal, and that the local government has taken no action to cause the sign to be removed. If land use information is not provided in accordance with Section 479.024, F.S., but all other permit requirements are met, the Department shall classify the sign as non-conforming upon permit issuance.

(b) When a change in the designation of a highway removes that highway from the Department’s regulatory jurisdiction, a notice will be provided to all permittees on the affected roadway informing them their sign is no longer subject to the Department’s jurisdiction and their permit will not be renewed.

(c) When a controlled road, or any portion of a controlled road, is designated as a scenic highway or scenic byway pursuant to Section 335.093, F.S., new permits will not be issued for signs visible from the portion of the highway designated as a scenic highway or byway.

(13) Upon Department verification that an application meets the requirements of Chapter 479, F.S., and this rule chapter, the Department will issue an Outdoor Advertising Permit and a permit tag to the applicant.

(14) Posting of Tags. The permit tag issued by the Department must be posted at the sign site within 30 calendar days of issuing the sign permit and must remain in place at all times, whether or not a sign has been erected, or a previously erected sign has been removed. If a permit tag is lost, stolen, or destroyed, the permittee must apply to the Department for a replacement tag on Outdoor Advertising Permit Tag Replacement Request, Form 575-070-01, Rev. 06/15, incorporated herein by reference, at https://www.flrules.org/Gateway/reference.asp?No=Ref-05477 and shall include a replacement fee of $12.00 per tag.

(15) Changes made to the Department’s inventory, maintained in accordance with Section 479.02(8), F.S., to reflect physical characteristics of a sign or sign facing existing at the time of an inventory update shall not create a waiver or constitute forgiveness of any violation of Chapter 479, F.S.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 334.044(28), 339.05, 479.02, 479.04, 479.07, 479.106(5), 479.11, 479.24 FS. History–(Formerly part of Rule 14-10.04, Permits; 14-15.05, Right of Way Bureau Operating Procedures), New 3-28-76, Amended 4-21-77, 12-10-77, 6-26-78, 12-31-78, 1-1-86, Formerly 14-10.04, Amended 7-7-92, 6-28-98, 8-10-99, 8-19-01, 1-25-04, 3-15-05, 12-31-06, 4-2-09, 10-3-10, 1-7-16.

Fla. Admin. Code R. 14-10.00401 Administration of Outdoor Advertising Permits

(1) Transfer of Permits. Requests to transfer a permit pursuant to Section 479.07(6), F.S., shall be submitted on an Outdoor Advertising Permit Transfer Request, Form 575-070-25, Rev. 10/15, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06272.

(a) The recipient of the transferred permit shall certify that written permission from the landowner, or other person in lawful control of the sign site, to maintain the sign on the site pursuant to Section 479.07(2), F.S., has been secured.

(b) If a transfer of permit is made when the permit has been issued a notice of violation, or if a revocation proceeding is pending, the permit is subject to conditions existing at the time of transfer. The Department’s approval of a permit transfer shall not constitute a waiver of rights on the part of the Department, nor shall a permit transfer in any way prohibit the issuance of a notice of violation, or preclude the Department from revoking the transferee’s permit pursuant to Section 479.08, F.S., or this rule chapter.

(c) If a transfer of sign permit is made during the initial 270 days from the date of permit issuance, the permit transferee receives the sign permit subject to all conditions which were applicable to the original applicant.

(2) Cancellation of Permits. Permit cancellation notification must be submitted on Outdoor Advertising Permit Cancellation Certification, Form 575-070-12, Rev. 10/15, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06273. All canceled tags must be returned to the Department with the certification, or otherwise be accounted for in writing.

(3) Conditional Permit Cancellation. When an applicant requests cancellation of one permit in order to obtain a new permit, the existing permit shall be canceled simultaneously with the issuance of the new permit. The Outdoor Advertising Permit Cancellation Certification incorporated in above subsection (2), and the Application for Outdoor Advertising Permit incorporated in subsection 14-10.004(1), F.A.C., shall be submitted simultaneously to the Department. If a new permit does not meet current permitting requirements and cannot be issued, the existing permit will not be canceled.

(4) Permits Canceled, or Not Renewed, in Error – Petition for Reinstatement. Pursuant to Section 479.07(8)(b), F.S., a petition for reinstatement of permits canceled, or not renewed, in error shall be submitted to the State Outdoor Advertising License and Permit Office. The petition must be in writing, list the affected permit(s), and shall certify that:

(a) The permit was canceled, or not renewed, in error by the permittee;

(b) The permit tag for the canceled or expired permit was returned to the Department or otherwise accounted for;

(d) The local government has not declared the sign illegal or taken any other action to have it removed.

If the Reinstatement Petition is denied by the Department, a new permit may be issued for a sign only if the sign meets all current permitting requirements. The reinstatement fee is $300.00 per permitted sign.

(5) Reestablishment. Where the expansion or relocation of a transportation facility causes a sign to be located in the right of way, or within fifteen feet of the right of way, and the sign cannot be relocated pursuant to SectionS 479.15(3)(4) and (6), F.S., the permittee may reestablish the sign at a location that conforms with Chapter 479, F.S., and this rule chapter and meets all current requirements for permitting by submitting a completed Application for Outdoor Advertising Permit, incorporated in subsection 14-10.004(1), F.A.C. Initial application fees are not required with an application for reestablishment.

(6) Relocation. Where a Department project causes a sign lawfully permitted by the Department to be located in the right of way, the Department shall allow the relocation of the sign provided all requirements of Sections 479.15(3), (4), (5), and (6), F.S., are met. A sign relocation shall be by agreement between the permit holder and the Department. The sign permit will be amended to reflect the relocated location in the outdoor advertising database.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 334.044(28), 479.02, 479.07, 479.15 FS. History–(Formerly part of Rule 14-10.004) New 1-7-16.

Fla. Admin. Code R. 14-10.0041 Annual Renewal Billing – Licenses and Permits

(1) All licenses and sign permits expire annually and shall be renewed pursuant to Section 479.07(8), F.S.

(2) Annual renewal of a license shall include the annual license fee, and the fees for all sign permits being renewed by the licensee. Acceptance by the Department of renewal fees for a suspended license or a sign permit against which a violation notice has been issued, or which may be issued, shall not constitute waiver by the Department of any right to pursue remedies for the violation.

(a) Any of the following shall result in the return of submitted fees to the applicant, and shall constitute nonpayment:

Payment of renewal fees for any amount less than the amount shown as due on the Department’s billing statement (or its adjusted billing statement prepared in response to a timely notice from the permittee of corrections, additions or deletions). When an overpayment of renewal fees is submitted, the Department shall accept the fees due amount as shown on the billing statement (or the adjusted billing statement), and provide for the issuance of a refund to the payor in the amount of the overpayment. Acceptance of payment in an amount greater than the amount due shall not constitute acceptance of renewal fees for sign permits which have been declared invalid.
Failure to return or provide an accounting for the nonrenewed sign permit tags on the Cancellation Certification.
Failure to submit complete transfer forms and transfer fees for any sign permits being transferred.

(b) Payment for sign permits being transferred at the time of permit renewal shall be submitted with the sign permit renewal payment, but must be in a separate payment instrument.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 479.02, 479.07 FS. History–New 6-28-98, Amended 8-19-01, 10-3-10, 1-7-16.

Fla. Admin. Code R. 14-10.0042 Denial, Suspension, or Revocation of Licenses, and Denial or Revocation of Permits

(1) If the Department intends to deny an application for a license or sign permit, deny reinstatement of a sign permit cancelled or not renewed in error, revoke a sign permit, or intends to suspend or revoke a license, the Department shall provide notice of the facts which warrant the action to the permittee. The written notice shall contain:

(a) A detailed statement of the facts or basis for the Department’s action;

(b) The statute or rule relied upon;

(c) A statement that the applicant, licensee, or permittee has the right to an administrative hearing pursuant to Section 120.57, F.S.;

(d) A statement that the Department’s action shall become conclusive and the final agency action and that the sign permit shall be denied or revoked, or the license shall be denied, suspended or revoked as indicated in the notice of intended action, if no request for a hearing is filed within 30 calendar days of receipt of the notice of the Department’s intended action.

(2) If a licensee fails to renew its license, or its license is revoked, any sign permits owned by the licensee shall become subject to revocation, pursuant to Section 479.08, F.S.

History

Rulemaking Authority 334.044(2), 479.02 FS. Law Implemented 120.60, 479.05, 479.08 FS. History–New 6-28-98, Amended 10-3-10, 10-7-15.

Fla. Admin. Code R. 14-10.0043 Outdoor Advertising License and Permit Fees

(1) The annual fee for an Outdoor Advertising License is $300.00. Licenses expire on January 15 of each year. Licenses issued after October 1, shall not expire in the calendar year following the approval date.

(2) The annual permit fee for each sign facing is $71.00.

(3) Permit fees for the year in which application is made may be prorated by paying one-fourth of the annual fee for each whole or partial quarter remaining in that year. Applications received after September 30 must include fees for the last quarter plus fees for the following year. The fee schedule is based on the date the application is received by the Department as follows:

(a) January 16 through April 15: $71.00;

(b) April 16 through July 15: $53.25;

(d) October 1 through January 15: $88.75.

(4) All payment instruments must be made out to the Department of Transportation. Payment of fees may be made by cash, postal money order, bank draft, cashier’s check, or a personal or business check. In the event a payment document is not honored for any reason by the bank on which it is drawn, a service fee of $15.00 or five percent of the amount payable, whichever is greater will be assessed. If an individual or company issues two checks to the Department which are not honored, no further personal or business checks will be accepted regardless of whether restitution has been made on previous checks.

History

Rulemaking Authority 334.044(2), 479.02(7), 479.07(3)(c) FS. Law Implemented 215.34, 479.04, 479.07 FS. History–New 1-25-04, Amended 4-2-09, 10-7-15.

Fla. Admin. Code R. 14-10.005 Violations of Chapter 479 or Section 337.407, FS

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 337.407, 339.05, 479.02, 479.05, 479.07(1), (7), (9), (10), 479.08, 479.10, 479.11 FS. History–New 3-28-76, Amended 4-21-77, 12-10-77, 1-1-86, Formerly 14-10.05, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.0051 Zoned and Unzoned Commercial and Industrial Areas Along Interstate and Federal-Aid Primary Highways

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.05, 479.11 FS. History–New 8-7-86, Amended 6-28-98, Repealed 8-19-01.

Fla. Admin. Code R. 14-10.0052 Zoning Enacted Primarily to Permit Outdoor Advertising Signs

(1) “Comprehensively Zoned” means a county or municipal government has adopted ordinances or other laws pertaining to and designating the allowable uses of parcels within its jurisdiction, pursuant to and consistent with a comprehensive plan enacted in accordance with Chapter 163, F.S.

(2) If a parcel is in an area comprehensively zoned, the following criteria, including public records related thereto, shall be considered in determining whether such zoning is enacted primarily to permit signs:

(a) The land use or zoning designation provides for limited commercial or industrial activity only as accessory, ancilliary, or incidental to the allowable uses.

(b) The commercial and industrial activities, separately or together, are permitted only by variance or waiver.

(c) The parcel will not reasonably accommodate commercial or industrial uses pursuant to Section 479.024(2)(b), F.S., and the area surrounding the affected parcel is not predominantly commercial or industrial.

(d) The parcel is within, or surrounded by, a larger area with non-commercial/non-industrial allowable uses.

(e) The parcel is part of a larger strip of comprehensively zoned land that is parallel to the highway with no active commercial or industrial activities, and no existing formal plans for commercial or industrial development.

(f) The parcel has no access roads or dedicated access.

(3) No single factor in above subsection (2) is determinative of whether zoning is enacted primarily to permit signs. If a combination of factors indicates that the zoning is enacted primarily to allow signs in areas that do not have the attributes of a commercial or industrial area, the zoning will not be recognized for purpose of permitting signs.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 479.07(10), 479.024(2) FS. History–New 3-16-04, Amended 5-5-05, 10-7-15.

Fla. Admin. Code R. 14-10.006 Permitting Criteria

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.07(9), 479.08, 479.11 FS. History–New 3-28-77, Amended 12-10-77, 1-1-86, Formerly 14-10.06, Amended 12-26-95, 6-28-98, 8-19-01, 12-31-06, 10-3-10, Repealed 1-7-16.

Fla. Admin. Code R. 14-10.007 Maintenance of Nonconforming Signs

(1) A nonconforming sign must remain substantially the same as it was as of the date it became nonconforming.

(2) Reasonable repair and maintenance of nonconforming signs, including change of advertising message, is permitted and is not a change which would terminate the nonconforming status. Reasonable repair and maintenance means the work necessary to keep the sign structure in a state of good repair, including the replacement in kind of materials in the sign structure. Where the replacement of materials is involved, such replacement may not exceed 50% of the structural materials in the sign within any 24 month period. “Structural materials” are all those materials incorporated into the sign as load-bearing parts, including vertical supports, horizontal stringers, braces, bracing wires, brackets, and catwalks. Structural materials do not include the sign face, any skirt, any electrical service, or electric lighting, except in cases where such items have been incorporated into the sign as load-bearing parts. The following are examples of modifications which do not constitute reasonable repair or maintenance, and which constitute substantial changes to a nonconforming sign that will result in the loss of nonconforming status:

(a) Modification that changes the structure of, or the type of structure of, the sign, such as conversion of a back-to-back sign to a V-type, or conversion of a wooden sign structure to a metal structure;

The Department will authorize structural alterations to a nonconforming sign in instances where the Occupational Safety and Health Administration (OSHA) requirements or other safety related requirements necessitate alterations, provided that the reconstruction shall not be authorized primarily for the purpose of replacement of deteriorated materials. The Department will accept a notice or other writing from OSHA or other regulatory body to the permittee requiring the intended alteration as documentation of safety requirements. If the structural alterations are intended to be made to comply with OSHA regulations, the permittee must submit to the Department a statement in writing citing the OSHA regulation with which it is intending to comply and explaining how the intended alteration is required by the cited OSHA regulation. If the structural alterations are required to be made to comply with building codes applicable to existing structures, the permittee must submit to the Department a statement in writing citing the specific requirement of the building code which the alterations are intended to meet. Structural alterations are allowed only if no alternatives are available which address safety requirements. Documentation of the requirements must be submitted to, and approved by, the Department prior to making any structural alterations. The location, structural configuration, number of faces, size of the sign faces, sign structure height, and the materials used in the sign structure and sign faces must be the same type as those used in the sign prior to approval of the alterations. Structural configuration means the physical arrangement of a sign whether arranged as a single-faced, V-type, back-to-back, side-to-side, or stacked sign. During the period of temporary removal for those approved structural alterations, the permittee must permanently display the permit tag at the sign location.
The addition of a catwalk or other fall protection device for safety reasons, where the device does not increase the structural integrity of the sign or prolong the life of the sign, is allowed without obtaining prior approval from the Department;

(b) Modification that changes the area of the sign facing or the HAGL of the sign, however:

Reduction in the area of the sign facing or the HAGL of the sign, which reduction is required by an ordinance adopted by a local governmental entity with jurisdiction over the sign, is not a change which would terminate the nonconforming status of the sign, provided like materials are used and no enhancements are made to the visibility of the sign.
Embellishments may be added to nonconforming signs subject to the limitations regarding size of sign facing, and provided they do not exceed 10% of the area of the sign facing prior to the addition of the embellishment;

(c) Modification that enhances the visibility of the sign’s message, or the period of time that the sign’s message is visible;

(d) Modification that adds automatic changeable faces; or

(e) Modification that adds artificial lighting, or changes the existing lighting such that the illumination to the sign facing is substantially increased.

(3) Prohibited modifications need not be physically part of the sign if they have the effect of enhancing the sign’s message, the visibility of the message, or the period of time that the message is visible. However, in such cases, the modifications will not be considered a modification to the sign if:

(a) The modification is the result of removal, cutting, or trimming of vegetation in front of the sign pursuant to a permit for such removal, cutting, or trimming from the Department; or

(b) The modification only incidentally affects the visibility of the sign’s message, and the bona fide purpose of the modification is unrelated to the sign.

(4) A nonconforming sign may not be disassembled, or in a state of being no longer erect and then re-erected at the same location except as provided in paragraph (5)(a), below.

(5) A nonconforming sign may continue to exist so long as it is not destroyed, abandoned, or discontinued. “Destroyed,” “abandoned,” and “discontinued” have the following meanings:

(a) “Destroyed” means more than 60% of the upright supports of a sign structure are physically damaged such that normal repair practices of the industry would call for, in the case of wooden sign structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support. A sign will not be considered “destroyed” within the meaning of this section where the destruction is caused by vandalism or other criminal or tortious act.

(b) A nonconforming sign is “abandoned” or “discontinued” when a sign structure no longer exists at the permitted location or the sign owner fails to operate and maintain the sign for a period of 12 months or longer. Signs displaying bona fide public interest messages are not “abandoned” or “discontinued” within the meaning of this section. The following conditions shall be considered failure to operate and maintain the sign:

Signs displaying only an “available for lease” or similar message,
Signs displaying advertising for a product or service which is no longer available,
Signs which are blank or do not identify a particular product, service, or facility.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.07(9) FS. History–New 3-28-77, Amended 12-18-77, 1-1-86, Formerly 14-10.07, Amended 6-28-98, 8-10-99, 8-19-01, 11-27-07, 1-7-16.

Fla. Admin. Code R. 14-10.008 Priorities

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 316.131, 316.135, 316.138, 339.05 FS. History–New 12-10-77, Formerly 14-10.08, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.009 Agreement Relating to Size, Lighting and Spacing of Signs Along Interstate and Federal-Aid Highways

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 479.02, 479.05, 479.20 FS. History–New 3-28-77, Amended 12-10-77, Formerly 14-10.09, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.016 Purpose

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.24 FS. History–New 3-28-77, Amended 12-10-77, 1-1-86, Formerly 14-10.16, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.017 General

History

Rulemaking Authority 20.50(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 339.05, 479.02, 479.20, 479.24 FS. History–New 3-28-77, Amended 12-10-77, Formerly 14-10.17, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.018 Priorities

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.24 FS. History–New 3-28-77, Amended 12-10-77, 1-1-86, Formerly 14-10.18, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.019 Compensation

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.24 FS. History–New 3-28-77, Amended 12-10-77, 1-1-86, Formerly 14-10.19, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.020 Outdoor Advertising Sign Estimates

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 120.60, 339.05, 479.01, 479.02, 479.20, 479.24 FS. History–New 3-28-77, Amended 12-10-77, Formerly 14-10.20, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.021 Responsibilities

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 339.05, 479.02, 479.20, 479.24 FS. History–New 3-28-77, Amended 12-10-77, Formerly 14-10.21, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.022 Documentation

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 339.05, 479.20, 479.24 FS. History–New 3-28-77, Amended 12-10-77, Formerly 14-10.22, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.023 Acquisition by Condemnation

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 339.05, 479.02, 479.20, 479.24 FS. History–New 3-28-77, Amended 12-10-77, Formerly 14-10.23, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.031 Purpose

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 339.05, 479.02, 479.07(1), 479.10, 479.16, 479.17, 479.23 FS. History–New 12-10-77, Amended 2-25-82, Formerly 14-10.31, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.032 Scope

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.16, 479.17, 479.23 FS. History–New 12-10-77, Amended 2-25-82, Formerly 14-10.32, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.033 Advertisement

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.16, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.33, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.034 Processing Invoices and Proof of Publications

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.34, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.035 Information Bulletin and Inspection of Improvement

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.35, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.036 Sale for Removal of Signs and Paraphernalia

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.36, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.037 Contracts

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.37, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.038 Payments

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.38, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.039 Sales Contract Review and Approval

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.39, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.040 Extension of Contracts

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.40, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.041 Request for Payment on Contracts

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.41, Repealed 1-1-86.

Fla. Admin. Code R. 14-10.046 Purpose

History

Rulemaking Authority 20.05(5), 120.53(1)(a), (b), 334.02(6) FS. Law Implemented 334.021(1), 337.11, 339.05, 479.02, 479.07(1), 479.10, 479.11, 479.17, 479.23 FS. History–New 12-10-77, Formerly 14-10.46, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.047 Jurisdiction

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241 FS. History–New 12-10-77, Formerly 14-10.47, Amended 6-28-98, Repealed 11-30-11.

Fla. Admin. Code R. 14-10.048 Definition

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241(2) FS. History–New 12-10-77, Formerly 14-10.48, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.049 Screening Criteria

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241(3), (4), (6), (7) FS. History–New 12-10-77, Amended 6-26-78, Formerly 14-10.49, Amended 6-28-98, Repealed 11-30-11.

Fla. Admin. Code R. 14-10.050 Nonconforming Junkyards

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241(3) FS. History–New 12-10-77, Formerly 14-10.50, Amended 6-28-98, Repealed 11-30-11.

Fla. Admin. Code R. 14-10.051 Violations

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.05, 339.241 FS. History–New 12-10-72, Amended 6-26-78, Formerly 14-10.51, Amended 6-28-98, Repealed 11-30-11.

Fla. Admin. Code R. 14-10.056 Forms

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.24 FS. History–New 3-23-77, Amended 12-10-77, 1-1-86, Repealed 6-28-98.

Fla. Admin. Code R. 14-10.057 Vegetation Management Application and Permit Issuance

(1) Permit Required.

(a) No person or entity may remove, cut, or trim trees, shrubs, or herbaceous plants on the Department’s right of way to make visible or to ensure future visibility of off-premise outdoor advertising signs without Department approval of an Application to Permit Vegetation Management at Outdoor Advertising Signs, Form 650-050-06, Rev. 10/20, which is incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-12483 and available electronically at http://www.osp.fdot.gov. For purposes of this rule, the use of chemical control constitutes removing, cutting, or trimming, depending on the impact on the tree, shrub, or herbaceous plant. The Application must be submitted to the State Outdoor Advertising Administrator, at the address referenced in subsection 14-10.0011(2), F.A.C., of this rule chapter or through the on-line portal. This rule does not apply to requests to trim or remove vegetation that screens signs that are not permitted by the Department pursuant to Section 479.07, F.S.

(b) An Application must be submitted by the outdoor advertising sign permit holder. A separate application is required for each sign facing. The vegetation management plan and mitigation appraisal (if required), shall be prepared by a Certified Forestor, an International Society of Arboriculture (ISA) Certified Arborist® with Advanced Training in Roadside Vegetation, or an individual with equivalent credentials from a nationally recognized arboricultural organization, or a Landscape Architect registered pursuant to Chapter 481, Part II, F.S.

The applicant’s vegetation management plan (plan) for a period of five years. The plan shall include a plan for removing vegetation within the view zone, cutting (removing or altering more than one quarter of any plant’s height, spread, or density of branches), or trimming (the shaping or pruning of less than one quarter of any plant’s height, spread, or density of branches). The plan shall be a graphic and written document that describes the removal, cutting, trimming, planting, fertilizing, mulching, irrigation, and desired condition and appearance of existing and proposed vegetation, including a plan for disposal of debris, and a schedule and description of the intended vegetation management method(s). All vegetation management proposed in the plan shall be in accordance with this rule and Rule 14-40.003, F.A.C.
Color photographs of the sign and entire view zone taken within six weeks prior to the application being made to the Department. The photographs and accompanying drawings must depict a clear representative overview of the vegetation to be removed, cut, or trimmed.
A photocopy of the qualifying credentials of the person preparing the vegetation management plan, and appraisal for mitigation, if mitigation is required. If herbicides will be used, the application must include a photocopy of the applicator’s license in three categories (core curriculum, right of way, and aquatic) by the Florida Department of Agriculture and Consumer Services.
An itemized appraisal of the mitigation value of vegetation to be removed, cut, or trimmed, if mitigation is required.
The application fee is $25.00. The application fee shall be a total of $200.00 for more than eight applications submitted simultaneously within the same Department District. If payment is by check, the fee submitted with an application must be paid separately from fees for other types of permits.
For a proposed sign or a sign originally permitted after July 1, 1996, designation of two permitted non-conforming outdoor advertising signs, comparable in size to the sign for which a vegetation management permit is sought, for permit cancellation and sign removal within 30 days of the Department’s issuance of a Notice of Intent to Approve Vegetation Management at Outdoor Advertsing Sign.

(d) An approved Application to Permit Vegetation Management at Outdoor Advertising Sign will serve as a permit, and authorizes the permittee to remove, cut, or trim trees, shrubs, or herbaceous plants only as provided in the approved plan, and only within an established view zone, which will be determined as follows:

In accordance with Section 479.106(6)(a) and (b), F.S., a view zone is established beginning at a point on the edge of pavement perpendicular to the edge of the sign facing nearest the highway and extending in the direction of approaching traffic, unless an alternative view zone is agreed upon in writing between the sign permittee and the Department’s District (Director of Operations) Maintenance Engineer or his/her designee in the District Office.
A sign facing shall have only one view zone, and only within the Department’s right of way of the roadway to which the sign is permitted.

a. The view zone for a right-view sign (see Figure 2) is a four sided area with the critical dimensions of 350 feet for posted speed limits of 35 miles per hour or less, or 500 feet for posted speed limits over 35 miles per hour measured along the right edge of the nearest travel lane on the same side of the highway to which the sign is permitted.

b. The view zone for a left-view sign (see Figure 3) is a four sided area with the critical dimension of 350 feet for posted speed limits of 35 miles per hour or less or 500 feet for posted speed limits over 35 miles per hour is measured along the left edge of the nearest travel lane on the other side of the highway centerline.

c. Areas within the median will be approved for vegetation management zone only for left-read signs legally erected before January 19, 1999, and only as necessary to maintain the view of that sign across the median as it existed before January 19, 1999.

(e) An Application will not be approved:

For applications that are incomplete.
For vegetation control to enhance the view of an outdoor advertising sign which does not have a currently valid state permit.
For mowing (nonselective mechanical or chemical control of vegetation) of grass or other vegetation. Mechanical mowing, to a minimum height of 6 inches, will be permitted when no other means of vegetation management is practicable to control vegetation that screens or is likely to screen a sign face.
To remove, cut, or trim, vegetation that has established historic, cultural, economic, environmental, or aesthetic significance. Such vegetation would:

a. Form an important part of the setting or landscaping for an historic structure;

b. Possess historic significance through a direct association with an event or person important in history;

c. Contribute strongly to the historic character as well as visual appeal of an historic structure or district;

d. Screen historic structures or residential property from traffic congestion;

e. Serve as memorials;

f. Be directly descended from historically significant trees or plants;

g. Be listed on the National Register of Historic Places, the State Register of Historic Sites, or local historical registries;

h. Be the only vegetation in the immediate vicinity, such that removal would leave the area barren of any substantial trees;

i. Have reached an age, size, or shape that it is known to be a local landmark; or

j. Be in the immediate vicinity of a roadway that has been lined with trees for a lengthy period of time where removal of such vegetation would significantly diminish the “tree lined” character of the roadway;

To remove, cut, or trim trees, shrubs, or herbaceous plants that are protected by state law.
To remove, cut, or trim trees, shrubs, or herbaceous plants, when the Department has determined that the proposed vegetation management will significantly disrupt natural systems, roadside aesthetics, or have other negative impacts on the operation of the highway.
To create a new view zone by removing, cutting, or trimming existing vegetation for any sign originally permitted after July 1, 1996, unless the applicant removes at least two approximate comparable size nonconforming signs under valid permits issued pursuant to Section 479.07, F.S., and surrender the permits to the Department.
To remove, cut, or trim trees that have a circumference, measured at 4 1/2 feet above grade, equal to or greater than 70% of the circumference of the Florida Champion of the same species as listed in the Big Trees, The Florida Register, Florida Native Plant Society, 1997, which is available at many public libraries in Florida, and at on-line bookstores. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida.
To remove, cut, or trim trees, shrubs, or herbaceous plants in violation of Section 479.106(5), F.S. This applies to vegetation that is part of a beautification project, when the project was approved prior to the permitting of any sign originally permitted after July 1, 1996. For the purpose of this rule, beautification projects include landscape projects, mitigation projects, and restoration projects. For the purpose of this rule, a beautification project is approved when it is specifically identified in the Department’s five-year work program, or is a permitted landscape project, or is part of an executed agreement between the Department and a local government, or has been approved in writing by the Department for installation at a later date by a local government.
To remove, cut, or trim trees, shrubs, or herbaceous plants within the right of way of a roadway section to which a sign is not permitted, or proposed to be permitted, or to remove, cut, or trim trees, shrubs, or herbaceous plants within the right of way outside of the 1,000 feet view zone parameter in Section 479.106(6)(b), F.S.

(f) Applications will be reviewed and approved or denied within 60 days of receipt of a completed application. The Department will notify the applicant of any apparent errors or omissions and request any additional information within 30 days of the receipt of an application. When using the on-line portal, if a Request for Additional Information (RAI) is sent to the applicant and not responded to within 30 days, the application will become void.

(g) An approved Application (permit) is valid for the five year term of the proposed vegetation management plan.

(h) After approval, the permittee must give the Local Maintenance Engineer a minimum of two working days notification prior to all permitted vegetation management activity on the Department’s right of way, unless a different time period is listed as a special condition of the permit.

(2) Renewal Applications.

(a) Permit holders are responsible to track the expiration date of the permit. When a permit has expired for over 30 calendar days, changes are proposed, or previous permit conditions were not met, a new complete Application is required to obtain a new permit. When a permit is about to expire, or has expired within 30 calendar days, the conditions of the previous permit have been met, and there are no proposed changes to the previously approved vegetation plan; only the following will be required from the applicant for the same location:

Cover letter to the Department State Outdoor Advertising Administrator indicating the applicant will adhere to the conditions of the original permit and vegetation management plan.
Copy of the previous application that shows the Department’s approval.
Application fee.
Color photographs of the sign and the entire view zone taken within six weeks prior to the renewal request being made to the Department.

(3) Vegetation Management on the Right of Way.

(a) A copy of the entire approved application and vegetation management plan must be on site and available for review by the Department when vegetation management is in progress.

(b) All work performed pursuant to an approved application to permit Vegetation Management at Outdoor Advertising Sign shall follow the approved vegetation management plan.

(c) Chemical control of vegetation is limited to the use of United States Environmental Protection Agency approved selective herbicides. Foliar application of herbicides is limited to the control of invasive exotic plants.

(d) Within 10 working days after completion of the removal, cutting, or trimming of vegetation, a qualified individual, as described in paragraph (1)(b) above, must inspect the view zone and adjoining right of way, and submit written notification to the Department State Outdoor Advertising Administrator that the work is complete. The correspondence must indicate the extent and nature of any unauthorized removal, cutting, or trimming.

(4) Mitigation. An applicant shall mitigate in accordance with this rule chapter for the impact to vegetation from removal, cutting, trimming, or accidental damage of vegetation on the Department’s right of way.

(a) Mitigation is required:

Where cutting or trimming of, or damage to vegetation permanently detracts from the appearance or health of trees (including palm trees), shrubs, or herbaceous plants, or where cutting and trimming of trees or shrubs is not done in accordance with the standards set forth in American National Standards for Tree Care Operations – Tree, Shrub, and Other Woody Plant Management – Standard Practices (Pruning), ANSI A300 (Part 1) – 2008 Pruning, available at http://www.tcia.org. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida.
Where trees taller than the surrounding shrubs and herbaceous plants are permanently damaged or removed.
Where trees or shrubs of a species that are not likely to grow to interfere with the visibility of displays are damaged or removed.
Where trees or shrubs of a species that are likely to grow to interfere with the visibility of displays are trimmed improperly, permanently damaged, or removed.
Where herbaceous plants are permanently damaged.

(b) Where mitigation is necessary, the applicant will provide with the Application for Vegetation Management an appraisal prepared by a qualified individual as defined in above paragraph (1)(b) using the appropriate appraisal method found in Determining the Mitigation Value of Roadside Vegetation, Rev. 10/20, which is incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-12210. The appraised value of the vegetation to be cut and removed will be the required mitigation subject to Department verification of the completeness and accuracy of mitigation calculations.

The mitigation may be paid as a fee equal to the amount of the appraisal. Mitigation fees must be paid to the Department prior to approval of an Application.
As an alternative to the mitigation fee, the permittee may design and build a mitigation project equal to the appraised value, at an approved location within the right of way. Applicants must contact the District Landscape Architect when preparing to develop a mitigation plan. For mitigation projects, the applicant must submit a mitigation plan which, in addition to the requirements of this rule, meets the requirements for landscape plans in Rule 14-40.003, F.A.C., to the Department for approval. Mitigation projects must be designed to avoid additional maintenance costs by the Department. The mitigation plan shall include a landscape plan, maintenance plan (including watering for establishment for a period of one year from the date of planting), and an estimated budget of all expenses to install, establish, and maintain the replacement vegetation. The value of the completed mitigation project must be equal to or greater than the appraised value of the cut and removed vegetation. When a mitigation project does not meet the required mitigation value, the balance is due to the Department as a mitigation fee. When the mitigation plan is approved, the applicant may proceed to construct the mitigation project. Failure to complete the mitigation project within six months after the vegetation is cut or removed will result in a penalty for unauthorized removal, cutting, or trimming as described in subsection (5) of this rule. The permittee is required, at the permittee’s expense, to remove and replace any mitigation materials that have not survived in a healthy condition for the first full year after planting. The replacement materials shall be of like size and variety as the replaced material, or may be other material proposed by the permittee, and determined by the Department, to be more likely to survive. If the mitigation project is not restored to meet the permit requirements, the permittee is subject to enforcement of required mitigation and the penalty for unauthorized removal, cutting, or trimming.

Trimming limited to maintaining a plant’s natural habit of growth, performed in accordance with professionally accepted arboricultural standards, cited in subparagraph (4)(a)1. of this rule.
Removal of immature trees that are no taller than the surrounding shrubs and herbaceous plants that upon their maturity are likely to interfere with the visibility of a permitted outdoor advertising sign.
Removal of invasive exotic plants as listed by the Florida Department of Agriculture and Consumer Services in rule Chapter 5B-57, F.A.C., Introduction or Release of Plant Pests, Noxious Weeds, Arthropods, and Biological Control Agents, and Rule 5B-64.011, F.A.C., Prohibited Aquatic Plants.
Removal of vegetation that is diseased, or structurally damaged through no fault of the applicant, beyond a point where restoration is practicable.
Cutting or removal of vegetation that the Department normally cuts or removes pursuant to its regular maintenance of the Department’s right of way.
Removal of vegetation when the Department’s roadway plans explicitly show that the vegetation will be removed as part of the clearing and grubbing for a construction project designed and included in the Department’s five-year work program.
Removal or cutting of vegetation that was installed within a view zone after July 1, 1996, provided the sign was permitted prior to the installation of the vegetation.

(5) Unauthorized Removal, Cutting, or Trimming of Vegetation. Any person engaged in unauthorized removal cutting, or trimming of vegetation in violation of Section 479.106, F.S., or who benefits from such action, is subject to a penalty of $1,000 per incident per sign facing and shall provide mitigation as required by subsection (4). For purposes of this subsection, the application of any chemical compound that kills or injures a tree, shrub, or herbaceous plant constitutes removal, cutting, or trimming.

(6) Sunset. The Department intends to repeal the provisions of this rule on November 30, 2025, 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.

History

Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 334.044(26), 337.405, 479.106 FS. History–New 1-19-99, Amended 2-7-02, 2-8-06, 12-24-08, Formerly 14-40.030, Amended 1-4-21.

Chapter 14-15 INCORPORATION BY REFERENCE

Fla. Admin. Code R. 14-15.001 Manual of Travel

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 112.061(4), (5), (6), (7)(d), (9)(b), 120.53(1)(a) FS. History–New 12-29-75, Amended 8-8-76, 9-11-77, 5-23-78, 9-27-79, 9-30-80, Formerly 14-15.01, Repealed 12-7-81.

Fla. Admin. Code R. 14-15.002 Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways

(1) The Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, 2023 edition, is hereby incorporated by this rule at http://www.flrules.org/Gateway/reference.asp?No=Ref-17817, and available at http://www.fdot.gov/roadway/FloridaGreenbook/FGB.shtm.

(2) The following documents also are hereby incorporated by reference and made a part of this rule:

(a) AASHTO LRFD (Load and Resistance Factor Design) Bridge Design Specifications, 9th Edition (2020). A copy of the manual may be ordered from the AASHTO Bookstore website: https://bookstore.transportation.org. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Office of Design, 605 Suwannee Street, Tallahassee, Florida 32399, (850)414-4255, and at the Florida Department of State, Administrative Code and Register Section, Room 701, the Capitol, Tallahassee, Florida 32399, (850)245-6270. Posting of the preceding materials on the internet for purposes of public examination would violate federal copyright law.

(b) AASHTO LRFD Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, 1st Edition (2015) and Interim Revisions for 2017, 2018, 2019, and 2020. A copy of the 1st edition (2015) manual may be ordered from the AASHTO Bookstore website: https://bookstore.transportation.org. A copy of the 1st Edition (2015) manual is available for public inspection during regular business hours at the Florida Department of Transportation, Office of Design, 605 Suwannee Street, Tallahassee, Florida 32399, (850)414-4255, and at the Florida Department of State, Administrative Code and Register Section, Room 701, the Capitol, Tallahassee, Florida 32399, (850)245-6270. Posting of the 1st Edition (2015) manual on the internet for purposes of public examination would violate federal copyright law. The 2017, 2018, 2019, and 2020 Interim Revisions for AASHTO LRFD Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, 1st Edition (2015) are hereby incorporated by this rule at http://www.flrules.org/Gateway/reference.asp?No=Ref-15960, http://www.flrules.org/Gateway/reference.asp?No=Ref-15961, http://www.flrules.org/Gateway/reference.asp?No=Ref-15962, http://www.flrules.org/Gateway/reference.asp?No=Ref-15963, and available at the AASHTO website, https://store.transportation.org/search?q=specifications%20for%20structural%20supports&categoryCode=&index=storeitem&type=All&pageNum=1&pageSize=10&sortBy=Relevance&itemType=All, at no cost to the public.

(c) Department of Transportation Structures Manual (2023), Volume 3 – FDOT Modifications to Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals (LFRD LTS-1). A copy of the specification modifications can be downloaded from http://www.flrules.org/Gateway/reference.asp?No=Ref-15959, or https://www.fdot.gov/structures/structuresmanual/currentrelease/structuresmanual.shtm.

History

Rulemaking Authority 334.044(10)(a), 334.048(3), 336.045(1) FS. Law Implemented 334.044(10)(a), 336.045 FS. History–New 1-22-76, Amended 7-13-81, 6-24-84, Formerly 14-15.02, Amended 8-25-86, 11-29-89, 11-1-94, 5-15-01, 7-9-02, 11-24-05, 10-16-07, 6-4-12, 9-7-15, 6-19-17, 7-20-21, 3-13-25.

Fla. Admin. Code R. 14-15.003 Bond Process Procedure

History

Rulemaking Authority 120.53(1)(a), 215.60, 215.66, 215.74 FS. Law Implemented 120.53(1)(a), 120.60, 215.66, 215.74 FS. History–New 3-18-76, Formerly 14-15.03, Repealed 6-26-91.

Fla. Admin. Code R. 14-15.004 Construction Manual

History

Rulemaking Authority 120.53(1)(a), 334.02(6), 334.11, 334.171(2) FS. Law Implemented 120.53(1)(a), 334.02(6), 334.11, 334.171(2) FS. History–New 3-18-76, Amended 10-3-76, Formerly 14-15.04, Repealed 4-11-90.

Fla. Admin. Code R. 14-15.005 Right of Way Policy Manual

History

Rulemaking Authority 334.044(2) FS. Law Implemented 120.53(1)(a), (b), 337.25(1), 337.27, 339.05 FS. History–New 3-28-76, Amended 5-1-77, 12-8-77, 5-15-78, 12-3-79, 3-13-80, 5-5-80, 9-9-80, 9-10-81, 4-22-84, 11-12-85, Formerly 14-15.05, Repealed 4-1-92.

Fla. Admin. Code R. 14-15.006 Right of Way Engineering Manual

History

Rulemaking Authority 120.53(1)(a), (b), 479.20 FS. Law Implemented 119.07, 120.53(1)(a), (b), 337.25(1), 337.27(2), (5), 339.05 FS. History–New 1-4-77, Amended 1-9-78, 2-26-79, Formerly 14-15.06, Repealed 3-11-84.

Fla. Admin. Code R. 14-15.007 Records Management Manual

History

Rulemaking Authority 20.05(5), 120.53(1), 267.051(6), 334.02(6) FS. Law Implemented 119.09, 120.53(1), 267.051(6) FS. History–New 7-3-77, Formerly 14-15.07, Repealed 6-12-91.

Fla. Admin. Code R. 14-15.008 Toll Facilities Procedures Manual

History

Rulemaking Authority 334.044(2) FS. Law Implemented 338.222, 338.231, 347.19 FS. History–New 10-4-77, Amended 5-22-79, 7-29-79, 3-25-80, 5-22-80, 10-30-80, 7-1-82, 8-1-83, 10-1-83, 12-16-84, Formerly 14-15.08, Amended 7-14-86, Repealed 11-15-87.

Fla. Admin. Code R. 14-15.0081 Toll Facilities Description and Toll Rate Schedule

(1) The Toll Facilities Description and Toll Rate Schedule, https://www.flrules.org/Gateway/reference.asp?No=Ref-17758, effective February 25, 2025, is hereby incorporated by this rule and made a part of the rules of the Department. Copies of this Department of Transportation Toll Facilities Description and Toll Rate Schedule are available at no more than cost.

(2) Toll Indexing. Toll rate schedules for the Department toll facilities, including Florida Turnpike System toll facilities, are subject to toll rate adjustments based on the annual Consumer Price Index (CPI).

(a) For the purposes of this rule, the index used is the CPI published by the Bureau of Labor Statistics of the United States Department of Labor, which uses 1982-1984 as the base, and is the Annual Average for all expenditure items for all urban consumers, U.S. city average.

(b) Toll rates on these facilities distinguish between transaction methods offered on the various toll facilities, which are cash transactions, SunPass pre-paid toll transactions, and TOLL-BY-PLATE video billing transactions. Not all transaction methods are offered at each toll facility.

The Department toll facilities, other than the Florida Turnpike System, affected by toll rate indexing will be Alligator Alley (Everglades Parkway), Sunshine Skyway Bridge, Pinellas Bayway System, and Wekiva Parkway between Milepost 41 and Milepost 54, and the Gateway Expressway.
The Florida Turnpike System toll facilities affected by toll rate indexing are Florida’s Turnpike Mainline. Beachline West Expressway, Polk Parkway, Sawgrass Expressway, Southern Connector Extension, Seminole Expressway, Suncoast Parkway, Veterans Expressway, Western Beltway, Part C between Milepost 0 and Milepost 11, I-4 Connector, Beachline East Expressway, First Coast Expressway, Garcon Point Bridge, Central Polk Parkway and Poinciana Connector.

(d) Base Toll Rates. The base toll rate is the two-axle toll rate for each of the toll transaction methods.

(e) Multi-axle Toll Rate Calculations. On all the Department facilities, including Florida Turnpike System toll facilities, except for the segment of Florida’s Turnpike Mainline between Milepost 88 and Milepost 236, the multi-axle toll rates equal the number of axles of each vehicle minus one, multiplied by the base toll rate. For the segment of Florida’s Turnpike Mainline between Milepost 88 and Milepost 236, the multi-axle toll rates equal the base rate divided by two and multiplied by the number of axles.

(f) Indexing of Toll Rates. Indexing of toll rates means adding to the toll rate in effect for the period immediately preceding the indexing adjustment the amount derived by multiplying the percentage change in the CPI times the toll rate in effect immediately preceding the indexing adjustment. Toll rates for the Department toll facilities, including Florida Turnpike System toll facilities, are subject to indexing as prescribed below:

No later than June 30, 2012:

a. The base cash toll rate on all Department toll facilities, including Florida Turnpike System toll facilities, is being initially indexed using the percentage change between the CPI for year ending December 31, 2010, and the CPI for year ending December 31, 2005, which is 11.7%. The base cash toll rate will be adjusted to the next higher quarter ($0.25) on the Department toll facilities, including Florida Turnpike System toll facilities, except the Turnpike Ticket System, which will be adjusted to the next higher dime ($0.10).

b. For all toll locations not having cash toll rates, the base Toll-By-Plate toll rate for each of those locations on all Department toll facilities, including Florida Turnpike System toll facilities, is being initially indexed using the percentage change between the CPI for year ending December 31, 2010, and the CPI for year ending December 31, 2005, which is 11.7%. The base Toll-By-Plate toll rate will be adjusted to the next higher quarter ($0.25) on the Department toll facilities, including Florida Turnpike System toll facilities, except the Turnpike Ticket System, which will be adjusted to the next higher dime ($0.10).

c. The base toll rates for SunPass transactions on all Department toll facilities, including Florida Turnpike System toll facilities, except the Turnpike Ticket System, will be a quarter ($0.25) less than the adjusted base cash toll rate for each toll location, and 25% less than the adjusted base cash toll rate on the Turnpike Ticket System.

d. Toll-By-Plate toll rates are set to equal the adjusted base cash toll rate.

Beginning on July 1, 2013 and on each subsequent July 1st thereafter:

a. Toll rates for SunPass transactions on all Department toll facilities, including Florida Turnpike System toll facilities, will be indexed annually using the base SunPass toll rate for the immediately preceding fiscal year multiplied by the percentage change of the CPI for the immediately preceding year ended December 31st compared to the CPI for the second most recent year ended December 31st. CPI adjustments to the base SunPass toll rate will be rounded to the nearest penny ($0.01).

b. Toll rates for TOLL-BY-PLATE transactions on all Department toll facilities, including Florida Turnpike System toll facilities, will be indexed annually using the base TOLL-BY-PLATE toll rate for the immediately preceding fiscal year multiplied by the percentage change of the CPI for the immediately preceding year ended December 31st compared to the CPI for the second most recent year ended December 31st. CPI adjustments to the base TOLL-BY-PLATE toll rate will be rounded to the nearest penny ($0.01).

Beginning July 1, 2017, and every fifth year thereafter, the base cash toll rate on all Department toll facilities, including Florida Turnpike System toll facilities, will be indexed using the base cash toll rate for the immediately preceding fiscal year multiplied by the percentage change of the CPI for the immediately preceding year ending December 31st compared to the CPI for the sixth most recent year ending December 31st. For adjustments to the base cash toll rate, if the CPI adjustment would cause any increase to the toll rate, then the new base cash toll rate will be adjusted to the next higher quarter ($0.25) for all Department toll facilities, including Florida Turnpike System toll facilities.

(g) If the resulting CPI ratio is negative, the CPI ratio for that year will be set to zero resulting in no toll rate increase that year.

(h) Adjustments to toll rates will be published on the Department website: https://floridasturnpike.com/tolls/toll-rates/.

History

Rulemaking Authority 334.044(2), 338.155(1), 338.231 FS. Law Implemented 334.044(16), 338.155, 338.165, 338.222, 338.2216, 338.231 FS. History–New 11-15-87, Amended 2-8-88, 8-1-88, 2-2-89, 5-10-89, 7-1-91, 8-1-91, 11-6-91, 7-11-93, 11-28-93, 9-18-94, 6-6-95, 7-9-95, 1-1-96, 3-31-96, 4-28-96, 6-2-96, 7-28-96, 9-23-97, 11-24-97, 2-12-98, 6-30-98, 7-29-98, 1-6-99, 2-9-99, 4-29-99, 6-21-99, 9-4-01, 3-26-02, 4-10-03, 10-1-03, 12-11-03, 3-7-04, 5-20-04, 11-1-05, 2-5-06, 7-27-06, 10-26-06, 1-15-07, 5-17-10, 11-30-11, 2-19-14, 6-16-15, 3-20-16, 9-19-16, 2-15-18, 2-2-22, 2-26-25.

Fla. Admin. Code R. 14-15.009 Manual on Traffic Control and Safe Practices

History

Rulemaking Authority 316.0745(1), 334.02(6), 335.18(3), 339.05 FS. Law Implemented 316.0745(2), (3), (7), 334.14, 335.09, 339.05 FS. History–New 9-20-78, Formerly 14-15.09, Repealed 8-15-85.

Fla. Admin. Code R. 14-15.010 Manual on Uniform Traffic Control Devices

The Federal Highway Administration Manual on Uniform Traffic Control Devices, 11th Edition (December 2023) https://www.flrules.org/Gateway/reference.asp?No=Ref-17071, is hereby adopted by this rule and made a part of the rules of the Department of Transportation. This federal document is available for downloading from the Federal Highway Administration’s website at: http://mutcd.fhwa.dot.gov/.

History

Rulemaking Authority 316.0745(1), 334.044(2) FS. Law Implemented 124.54(6), 316.0745(2), (3), (7), 335.09, 335.14, 339.05 FS. History–New 7-15-79, Amended 1-8-81, 8-15-85, Formerly 14-15.10, Amended 11-29-89, 4-25-95, 1-15-99, 4-5-00, 3-7-01, 8-15-01, 2-13-02, 1-2-04, 1-15-12, 1-1-25.

Fla. Admin. Code R. 14-15.012 Manual on Speed Zoning for Highways, Roads, and Streets in Florida

(1) FDOT Manual Number 750-010-002, Speed Zoning for Highways, Roads, and Streets in Florida, Rev. 1/19, is hereby incorporated by this rule at https://www.flrules.org/Gateway/reference.asp?No=Ref-10192, and available from the State Traffic Engineering and Operations Office at www.fdot.gov/traffic/.

(2) FDOT Form 750-010-03, Vehicle Spot Speed Study, Rev. 10/15, is hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-08490, and available at www.fdot.gov/procedures/forms/shtm.

(3) FDOT Form 750-020-09, Pedestrian and Bicycle Volume Sheet Form, Rev. 10/15, is hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-08491, and available at www.fdot.gov/procedures/forms/shtm.

(4) FDOT Form 750-020-08, Gap Study Form, Rev. 10/15, is hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-08492, and available at www.fdot.gov/procedures/forms/shtm.

History

Rulemaking Authority 316.006(1), 316.187, 316.1893, 316.1895, 316.555, 334.044(2), (10)(a) FS. Law Implemented 316.0745, 316.187, 316.1893(2), (3), 316.1895, 316.555 FS. History–New 5-25-80, Formerly 14-15.12, Amended 8-23-89, 10-14-97, 10-25-10, 7-30-17, 2-6-19.

Fla. Admin. Code R. 14-15.013 Policy and Guidelines for Vehicular Connections to Roads on the State Highway System (Driveway Regulation Manual)

History

Rulemaking Authority 120.53(2)(a), 334.044(2), 335.18 FS. Law Implemented 120.53(2)(a), 334.044(14), 335.18 FS. History–New 8-15-85, Formerly 14-15.13, Amended 4-18-90, Repealed 2-20-01.

Fla. Admin. Code R. 14-15.014 Utility Accommodation Guide

History

Rulemaking Authority 334.044(2) FS. Law Implemented 337.401, 337.403, 339.05 FS. History–New 7-5-88, Repealed 8-1-90.

Fla. Admin. Code R. 14-15.015 Signing for Supplemental Guide Signs and Motorish Services on Limited and Non-Limited Access Highways

History

Rulemaking Authority 120.53(1)(g), 316.0745(1), (2), 334.044(2) FS. Law Implemented 316.006(1), 316.0745(1), (2), (3), 335.14, 599.004 FS. History–New 7-20-78, Formerly 14-51.04, Amended 4-24-91, 4-1-92, 4-19-94, 2-20-96, 9-27-99, Formerly 14-51.004, Repealed 5-8-05.

Fla. Admin. Code R. 14-15.016 Scenic Highways

The Department will designate scenic highways under Section 335.093, F.S., in accordance with Florida Scenic Highways Program Handbook, effective 11/11/16, which is incorporated by reference herein https://www.flrules.org/Gateway/reference.asp?No=Ref-07834 and available at floridascenichighways.com.

History

Rulemaking Authority 334.044(2), 335.093(2) FS. Law Implemented 335.093(1) FS. History–New 2-24-98, Amended 8-24-99, 8-7-03, Formerly 14-12.021, Amended 1-26-17.

Fla. Admin. Code R. 14-15.017 Safety and Security Oversight Program Standards Manual for Fixed Guideway Transportation Systems

The Fixed Guideway Transportation Systems State Safety and Security Oversight Program Standard, July 2024, edition, is hereby incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-16906 and available at http://www.fdot.gov.transit/.

History

Rulemaking Authority 334.044(2),341.061 FS. Law Implemented 341.041, 341.061 FS. History–New 3-7-06, Amended 4-9-07, 11-4-18, 9-26-24.

Fla. Admin. Code R. 14-15.018 Pavement Selection Process and Industry Involvement

Chapter 4 of the Pavement Type Selection Manual, “Pavement Selection Process and Industry Involvement,” FDOT Manual Number 625-010-005-e, Rev. 03/08, is hereby incorporated by this rule and made a part of the rules of the Department of Transportation. Copies of this chapter are available from the Office of Roadway Design at www.dot.state.fl.us/mapsandpublications/.

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(10)(a), 336.045(1) FS. History–New 5-29-11.

Chapter 14-20 PRIVATE USE OF STATE RIGHT OF WAY

Fla. Admin. Code R. 14-20.001 Private Use of Right of Way

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 7-9-75, Formerly 14-5.01, 14-20.01, Amended 12-26-90, Repealed 5-15-97.

Fla. Admin. Code R. 14-20.002 Commercial Radio Broadcasting Permitted – When Authorized

History

Rulemaking Authority 20.05 FS. Law Implemented 335.13, 339.301 FS. History–New 7-9-75, Formerly 14-5.02, 14-20.02, Repealed 12-26-90.

Fla. Admin. Code R. 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) “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) “School Bus” means as defined in Section 316.003, F.S.

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

(g) “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.

(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.

History

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, 1-18-23.

Fla. Admin. Code R. 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) 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 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.

(4) Locate shelters 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.

(5) Shelters and any appurtenant totem signs shall not be located within 15 feet of any fire hydrant or accessible 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 including the top of any roadway curbs).

(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.

(8) 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.

(9) Prior to the installation of the shelter, affected utility companies must be notified in accordance with Chapter 556, F.S., to determine location of utilities and prevent conflicts.

(10) All utility connections shall comply with Rule 14-46.001, F.A.C., and must be approved by the appropriate city or county building department.

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

(12) Advertising shall be no greater than 72 inches by 60 inches per side of the shelter. 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.

(13) 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.

(14) Flashing lights 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.

(15) 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.

(16) 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.

(17) 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 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.

(18) 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.

(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.

History

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, 1-18-23.

Fla. Admin. Code R. 14-20.0031 Placement of School Bus Shelters

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.035, 335.02(1), 337.408 FS. History–New 12-26-90, Repealed 5-15-97.

Fla. Admin. Code R. 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 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 including the top of any roadway curbs).

(3) Benches shall not be placed on limited access facilities. Benches are prohibited in medians except when maintained by bus rapid transit providers utilizing an inside lane for passenger transport.

(4) Transit bus benches shall be placed only at 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 the minimum number of benches necessary to accommodate the comfort and convenience of the general public. 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 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 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) 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.

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

History

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, 1-18-23.

Fla. Admin. Code R. 14-20.0033 Competitive Public Bidding of Advertising

History

Rulemaking Authority 334.044(2) FS. Law Implemented 337.407, 337.408, 479.04 FS. History–New 12-26-90, Repealed 5-25-08.

Fla. Admin. Code R. 14-20.004 Public Transit Bus Stops

(1) A public transit provider as defined in Section 341.031, F.S., 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 allowed in medians only for bus rapid transit providers utilizing an inside lane for passenger transport.

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

(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.

(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, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14685, effective January 1, 2023, and available at: https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/design/standardplans/2022/idx/700-101.pdf.

(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.

History

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, 1-18-23.

Fla. Admin. Code R. 14-20.005 Forms

History

Rulemaking Authority 334.044(2) FS. Law Implemented 120.54(8), 337.408 FS. History–New 12-26-90, Repealed 5-15-97.

Fla. Admin. Code R. 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.

History

Rulemaking Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 337.408 FS. History–New 7-13-16.

Fla. Admin. Code R. 14-20.010 General Use Permit

(1) Purpose. This rule is adopted to authorize use of and to control the right of way on the State Highway System, for purposes not addressed by other rules of the Department, a lease agreement of state owned property entered into pursuant to Section 337.25(5), F.S., or other agreements.

(2) Definitions. All terms in this rule shall have the same meaning as defined in Section 334.03, F.S. Additionally, the following terms are defined as:

(a) “Applicant” means the person or entity requesting a General Use Permit.

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

(c) “General Use Permit” means a temporary use of the right of way of the State Highway System authorized by the Department and not prohibited by, nor authorized and regulated by other local, state, or federal laws, rules, or regulations. General use permits do not authorize possessory, exclusive, or permanent use of the right of way. General use permits shall not create contractual rights on behalf of an applicant or permittee. General use permits are revocable at any time by the Department.

(d) “Governmental Entity” means as defined in Section 11.45, F.S.

(e) “Modification” means relocation or alteration or cessation of a permitted general use.

(3) Prior to filing an application, all applicants can request a pre-application meeting to review the proposed general use with Department permits personnel. This review will be performed by the Department without a fee. The pre-application meeting is advisory only.

(4) General Criteria.

(a) A complete application shall consist of a General Use Permit Application, Form 850-040-05, Rev. 05/08, completed by the applicant, with original signatures, and any site plans, drawings, or other information required by this rule. Form 850-040-05, Rev. 05/08, is hereby incorporated by reference and made a part of this rule. The form is available from any local Area Operations Center/Maintenance Office, District Maintenance Office, Turnpike Office or Department website: www.dot.state.fl.us/proceduraldocuments. No use will be permitted which interferes with safety, operation, aesthetics, and maintenance of the State Highway System, utilities, or right of way.

(b) If the applicant desires to have a representative sign and submit the application, a notarized letter of authorization from the applicant designating the authorized representative shall be submitted with the application.

(c) If the applicant is an entity, the applicant shall furnish the name, title, address, telephone number, and other contact information if any, of the responsible officer or authorized agent.

(d) The application shall identify the location of the proposed activity, including the county, state road, section, and mile post numbers, and the location and type of existing utilities.

(e) The applicant shall provide a complete and detailed description of the proposed use and duration to be permitted.

(f) The applicant shall include all approvals and permits which are required by other governmental entities for the proposed use.

(g) An incomplete application will not be processed or considered for issuance of a general use permit. An application is incomplete until all completed forms and required information have been provided to the Department.

(5) Examples of situations where general use permits shall not be issued are the following:

(a) Permanent construction in the right of way.

(b) Traffic control devices or features.

(d) Landscaping.

(e) Utilities.

(f) Parades or other events requiring temporary road closure.

(g) Bus benches or shelters, modular news racks, or waste receptacles.

(h) Connections to the State Highway System.

(i) Overhanging encroachments.

(j) Drainage connections.

(6) The issuance of a general use permit shall not restrict the Department’s right to take immediate action authorized under Section 120.60(6), F.S.

History

Rulemaking Authority 334.044(2), 337.405, 337.406 FS. Law Implemented 334.03, 334.044(13), (28), 334.187, 335.02(1), 337.405, 337.406 FS. History‒New 5-25-08.

Chapter 14-21 BID GUARANTY FOR CONSTRUCTION CONTRACTS

Fla. Admin. Code R. 14-21.001 Bid Guaranty for Construction Contracts

History

Rulemaking Authority 334.044(2), 337.17 FS. Law Implemented 337.17 FS. History–New 5-9-70, Formerly 14-7.01, Amended 7-9-75, Formerly 14-21.01, Amended 3-21-90, 8-11-05, Repealed 12-14-09.

Chapter 14-22 CONTRACTORS - HIGHWAY - QUALIFICATION TO BID

Fla. Admin. Code R. 14-22.001 Scope and Authority

History

Rulemaking Authority 20.05, 334.044(2), 337.14(1), 337.167 FS. Law Implemented 334.193, 337.11, 337.14, 337.16, 337.164, 337.165, 337.167 FS. History–New 7-1-67, Formerly 14-8, Amended 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22, 14-22.01, Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, 12-20-89, 1-4-94, 4-11-95, Repealed 8-6-96.

Fla. Admin. Code R. 14-22.0011 General Procedural Requirements

(1) Purpose. This rule chapter sets forth the requirements to be certified by the Department as qualified to bid for the performance of road, bridge, or public transportation construction contracts, in excess of $250,000.

(2) Exceptions. Except for the provisions of Rules 14-22.012 and 14-22.0141, F.A.C., this rule chapter does not apply to bidders who wish to bid on construction contracts of $250,000 or less, or other contracts not having to do with the construction of roads, bridges, or other public transportation projects, or where the Department has waived the qualification requirements for construction projects having a contract price of less than $500,000 based upon the determination that the projects are of a non-critical nature and that waiver of qualification requirements will not endanger public health, safety, or property.

(3) Time. In computing any period of time allowed by this chapter, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday designated in Section 110.117(1), F.S., in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. Online applications and updates must be submitted by 9:00 p.m. Monday through Friday or by 7:00 p.m. on Saturdays based on the due date for the submission by the applicant.

(4) Definitions.

(a) The following terms shall have the meanings set forth in Section 337.165, F.S.: “contractor,” “contract crime,” “convicted,” or “conviction,” and “affiliate.”

(b) For matters not involving contract crimes, “Affiliate” shall mean business concerns, organizations, or individuals where, directly or indirectly, one controls or has the power to control the other, or a third party controls or has the power to control both. Indicia of control include interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or business entity organized following the revocation, denial, or suspension or proposed revocation, denial, or suspension of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was revoked, denied, or suspended or proposed for revocation, denial, or suspension.

(d) “Bidder” means an entity qualified under this chapter which possesses sufficient current capacity to obtain bid proposal documents from the Department.

(e) “Construction assets” means resources used for the construction of roads, bridges or public transportation projects.

(f) “Qualified equipment appraiser” means an individual employed by an equipment company that sells, rents, or leases the general type of equipment being appraised, or a company or individual(s) engaged in the business of appraising equipment regularly used in the construction of roads, bridges, or other transportation projects.

(g) “Qualified real estate appraiser” means an individual who meets all of the requirements prescribed by the laws of the state in which the appraisal occurs. Florida real estate appraisals must be performed by a “Certified General Appraiser,” as described in Section 475.611, F.S.

(h) “Construction revenues” means all earnings received through contracting for the performance of road, bridge, and other public transportation construction projects (including all earnings derived from providing administration, labor, material, equipment, supplies, and services necessary to fulfill contractual obligations incurred in the performance of road, bridge, and other public transportation construction projects).

(i) “Financial statements” means annual fiscal year-end financial statements audited or reviewed by a Certified Public Accountant. For applicants applying to bid on projects less than $1,000,000 or projects for Emergency Debris Removal only, financial statements must be reviewed by a Certified Public Accountant prior to submission. For applicants applying to bid on all other projects, financial statements must be audited by and include the opinion of a Certified Public Accountant. Interim audited or reviewed statements are required when the application is more than four months past the balance sheet date of the financial statements, with the exception of applications for Emergency Debris Removal only.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.16, 337.165, 337.167 FS. History–New 11-10-82, Amended 8-25-83, Formerly 14-22.011, Amended 12-20-89, 1-4-94, 7-1-95, 8-6-96, 1-17-99, 7-8-01, 6-27-04, 1-23-08, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.002 Regulations Covering Qualification of Contractors

(1) Application for Qualification.

(a) Persons or firms who request to qualify to bid for the performance of road, bridge, or public transportation construction projects in excess of $250,000, shall file an annual Application for Qualification, (Online Web Application), Form 375-020-38, Rev. 11/07, http://www.flrules.org/Gateway/reference.asp?No=Ref-03119 hereby incorporated by reference. An Application for Qualification shall be filed electronically at http://www.dot.state.fl.us/cc-admin/PreQual_Info/prequalified.shtm. Information or assistance regarding the Application can be obtained from the Department at the address listed below. Persons or firms may obtain information on how to obtain a user name and password to use the Application filing process by contacting the Contracts Administration Office at the address below. The Application will consist of requested information on the Applicant, Applicant’s stakeholders, Applicant’s affiliates, and shall include the Applicant firm’s background, current and historical contract detail, construction experience and expertise, financial information, and requested work classes. In addition, one original hard copy of the financial statements must be hand-delivered or mailed to: Department of Transportation, Contracts Administration Office, 605 Suwannee Street, MS #55, Haydon Burns Building, Tallahassee, Florida 32399-0455, (850)414-4000 or contracts.admin@dot.state.fl.us, and must be received prior to qualification approval.

(b) A separate application must be submitted for each person, firm, or combination thereof for which qualification is requested.

(d) All statements made by the applicant shall be furnished under oath.

(e) The data in the applicant’s financial statement shall be reflected in the financial sections of the application.

(f) All applications must include the appropriate federal tax reference number.

For corporations (including Subchapter S corporations), partnerships, sole proprietorships, joint ventures, limited liability companies, and other entities, the appropriate tax reference number is the federal Employer Identification Number (EIN).
For individuals, the appropriate tax reference number is the Social Security Number (SSN) of the individual.
For foreign corporations organized outside the United States, the Department will assign a special identification number.

(g) In the event the Department finds an application is incomplete or contains inadequate or inaccurate information for processing the application, or the Department needs more information to make a decision regarding the applicant’s competency, responsibility, or financial resources, the Department shall verbally or in writing request that the applicant provide the necessary information or the source for verification of the information. If the requested information is not provided within 20 days of the initial request, the Department shall request the information a second time via email or in writing express delivery, delivery receipt. If the information is not provided within 10 days of receipt of the second request, the application shall be denied.

(h) The Department shall act upon the application for qualification within 30 days from when the Department determines that the application is complete.

(2) Financial statements shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP). If the financial statements show the financial condition of the applicant more than four months prior to the date on which the application is filed with the Contracts Administration Office, then an updated application and interim financial statements are required. The interim financial statements shall cover the period from the ending date of the annual statements and shall show the financial condition of the applicant no more than four months prior to the date on which the application is filed. The annual and interim financial statements must be audited or reviewed, as required. Audited financial statements must be accompanied by the opinion of a Certified Public Accountant. Reviewed financial statements must be accompanied by a review report prepared by a Certified Public Accountant.

(a) An adverse audit opinion or disclaimer of an audit opinion shall result in disapproval of the application. A qualified audit opinion will result in adjustments to the financial portions of the application if such qualification arises because of the use of an accounting principle at variance with GAAP, or the qualification is of such magnitude as to materially affect the current ratio, liabilities, or adjusted net worth.

(b) When consolidated financial statements are required by GAAP, and qualification is requested for one or more of the subsidiary companies, a consolidating balance sheet is required and shall be included by the Certified Public Accountant. When combined financial statements are allowed by GAAP, and qualification is desired for one of the combining affiliated entities, a combining balance sheet is required and must be included by the Certified Public Accountant.

For those applications described in paragraph (2)(b), financial information entered in the Details Relative to Assets and Details Relative to Liabilities sections of the application shall be obtained from the consolidating or combining balance sheets, as appropriate, and reflect only those portions of the financial statements relative to the applicant.
Only the financial data of the applicant, as shown on the consolidating or combining balance sheets and reflected in the application, will be used in determining the applicant’s Current Ratio Factor (CRF), Adjusted Net Worth (ANW), and Maximum Capacity Rating (MCR), as defined in Rule 14-22.003, F.A.C.

A balance sheet.
An income statement, including separate totals for construction revenues, and all revenues earned during the period covered.
A statement of retained earnings or changes in stockholders’ equity.
A statement of cash flows.
A consolidating or combining balance sheet, when required by paragraph 14-22.002(2)(b), F.A.C.
Notes to financial statements.
For projects over $1,000,000, with the exception of Emergency Debris Removal only contracts, the opinion of a Certified Public Accountant. For projects over $250,000 but under $1,000,000, a review report prepared by a Certified Public Accountant.
Upon written request, any additional financial information necessary for the Department to verify the financial adequacy of the applicant as presented in their financial statements.

(d) Applicants not qualified with the Department the previous year shall furnish financial statements for a minimum twelve (12) month period showing the financial condition of the applicant no more than four (4) months prior to the date on which the application is filed. Applicants established for less than one year shall furnish financial statements from establishment through a period no more than four months prior to the date on which the Application is filed.

(3) List of Equipment. Each major item of equipment owned by the applicant that is utilized in performing the requested classes of work shall be listed in the application with its book or salvage value, make, model, and description shown. Items held under capital lease agreements shall be identified so that the book value of these items can be readily determined. Items required for each class of work may be grouped together, but shall be listed separately. An applicant who requests that the value of the equipment owned be calculated on 50 percent of appraised value shall provide an additional list which includes an appraisal by a qualified equipment appraiser. For an appraisal to be valid, the appraiser shall state that they have personally inspected and/or examined the equipment. Certified statements of availability of equipment from affiliated companies may be used for obtaining classes of work. The same equipment may be used to qualify no more than two affiliated applicants. Letters of commitment from at least two equipment rental companies may be used to obtain certification in classes of work in which the applicant has expertise. The letters of commitment must list the equipment that the applicant intends to lease for the classes of work sought, and commit the lessor for the maximum period of qualification requested.

(4) Experience Record.

(a) Each application shall include a current list of projects completed within the past three years by the applicant as prime or subcontractor stating the actual dollar amount of work executed and listing each class of work performed on those projects by the applicant’s own employees. The list shall not include work sublet to others or performed with rented equipment and operators. Résumés must be submitted to show the construction experience of personnel at a superintendent level or above for each class of work for which the applicant is requesting qualification. The same list of personnel shall not be used to qualify more than two affiliated applicants.

(b) Newly established firms, applicants qualifying for the first time, and applicants whose Certificate of Qualification has been expired for more than two years, shall provide letters of recommendation from at least two agencies or firms with direct knowledge of the applicant’s key personnel and work performance in sufficient detail to assist in rating the applicant’s ability to perform road and bridge construction and services incidental thereto. The letters must contain specific information regarding the following:

Specific projects, including project numbers and location.
Size of projects by dollar value.
Description of projects and classes of work performed with applicant’s own employees and equipment.
Whether projects were timely completed.
Whether the applicant was cooperative and facilitated changes to projects when required.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164, 337.167 FS. History–(Formerly Chapter 14-8), New 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(1), (2), (3), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.02, Amended 12-20-89, 6-27-90, 1-4-94, 7-1-95, 6-27-04, 5-15-06, 1-23-08, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.003 Rating the Applicant

(1) Verification of Information. The Department will make such inquiries and investigations as deemed necessary to verify and evaluate whether the applicant is competent, responsible, and possesses the necessary financial resources to perform the requested work based upon the following:

(a) Organization and management, including construction experience and past work performance record of the applicant, or applicant’s employees, whether with, or prior to their employment by the applicant, including deficiency in quality of completed work, any history of payment of liquidated damages, any untimely completion of projects where liquidated damages were not paid, uncooperative attitude, contracts litigation, claims, unpaid bill(s), notices of non-payment filed by subcontractors or suppliers, or defaults in the State of Florida or other states.

(b) Equipment as shown on the equipment list for the requested classes of work. Adequate equipment shall be basic equipment used by the industry in normal construction for each class of work, or called for in the Standard Specifications for Road and Bridge Construction in force at the time of application.

(d) Financial resources sufficient to establish a Maximum Capacity Rating (MCR) as set forth in subsection (2) below. The Department will consider any other relevant financial information.

(2) Maximum Capacity Rating (MCR).

(a) Definition and Formula. The MCR shall be the total aggregate dollar amount of uncompleted work an applicant may have under contract at any one time as prime contractor and/or subcontractor, regardless of its location and with whom contracted. The MCR shall be established by the Department by multiplying the Ability Factor by the Current Ratio Factor, multiplied by the Adjusted Net Worth (MCR=AF × CRF × ANW) and consideration of the general qualification factors listed in subsection 14-22.0041(1), F.A.C.

Ability Score.

a. New applicants and applicants who have not been qualified under this rule for more than two years shall have their Ability Factor determined from the total Ability Score resulting from evaluations of the applicant’s organization, management, work experience, and letters of recommendation. The maximum values used in determining the ability score for the above applicants are as follows:

ABILITY SCORE

Organization and Management

Maximum Value

Experience of Principals

Experience of Construction Supervisors

Work Experience

Completed Contracts

Highway and bridge related

25*

Non-highway and bridge related

Ongoing Contracts

Highway and bridge related

25*

Non-highway and bridge related

TOTAL

100

*Maximum value shall be increased to 35 if applicant’s experience is exclusively in highway and bridge construction.

b. If the applicant has been qualified under this rule within the last two years, and three or more Contractor Past Performance Reports are on file for projects completed for the Department within five years of the application filing date, and have not been previously used to determine an Ability Score, the applicant’s Ability Score shall be calculated by adding the scores of these reports plus the average score from the previous application and dividing the sum by the number of scores used. Contractor’s Past Performance Reports shall reflect the applicant’s organization, management, and demonstrated work performance, including work sublet to others, as set forth in Form 700-010-25, Rev. 09/05, http://www.flrules.org/Gateway/reference.asp?No=Ref-03122 hereby incorporated by reference.

c. If the applicant has been qualified under this rule within the last two years, and the Department does not have three or more Contractor Past Performance Reports on file for projects completed for the Department within five years of the application filing date, then the Ability Factor (AF) from the applicant’s last successful application shall be brought forward and used.

d. The average Ability Score determined in a. or b. above is converted to an AF pursuant to subparagraph 14-22.003(2)(a)2., F.A.C., or is brought forward as indicated in sub-subparagraph c. The AF is then used in the formula as described in paragraph 14-22.003(2)(a), F.A.C., to compute the applicant’s MCR.

Ability Factor. The Ability Score for new and active applicants shall determine the AF as follows:

Ability Score

64 or less

65-69

70-73

74-76

77-79

80-84

85-89

90-93

94-97

98-100

a. Notwithstanding the requirements in paragraph 14-22.003(2)(a), sub-subparagraphs 14-22.003(2)(a)1.a., b., c., d. and subparagraph 14-22.003(2)(a)2., F.A.C., the AF will be limited to a maximum of 4 if the applicant receives an ability score of 76 or less on the initial application, receives an ability score of 76 or less on two or more Contractor Past Performance Reports for projects on file and completed during the 12 month period preceding the applicant’s fiscal year ending date for which the Certificate of Qualification is being issued, unless the applicant’s average ability score (inclusive of all scores received during the period) is 87 or greater. The use of a surety commitment letter to raise the MCR is prohibited.

b. The AF limitation will remain in effect during the current qualification period.

Current Ratio Factor (CRF). The current ratio is the number resulting from dividing the adjusted current assets by the adjusted current liabilities. The calculated current ratio from 0.60 up to a maximum of 2.00 will be used as the CRF. The maximum current ratio of 2.00 will be used for the CRF, even if the actual value is greater. The applicant will be denied qualification if its calculated current ratio is less than 0.60.
Adjusted Net Worth (ANW). The ANW must be a positive value for the applicant to be considered for qualification. The ANW used in the MCR formula will be the amount of capital and surplus (net worth) as adjusted.
The following adjustments shall be applied in the establishment of the CRF and ANW:

a. The value allowed for equipment shall be the book value or 50 percent of actual value given by a qualified equipment appraiser, whichever is greater. Equipment appraisals must be dated no earlier than six months prior to receipt of the application.

b. The value allowed for real estate used for business purposes (road, bridge, or public transportation construction) shall be: the book value or the value given by a qualified real estate appraiser, real estate appraisals shall be dated no earlier than two years prior to receipt of the application is filed, less encumbrances against same, such encumbrances will not also be deducted elsewhere.

c. No value will be allowed for investments, including long-term held-to-maturity securities, for real estate, or for any other property not used in road, bridge, or public transportation construction. No allowance shall be given for homesteads or personal property. Encumbrances against these assets shall be eliminated entirely.

d. Assets of doubtful value are recorded transactions that, based upon the known facts and circumstances, do not lead to the realization of value for use in the contractor’s operations in the current operating period. These assets shall be eliminated in part or entirely.

e. Contingent liabilities are debts or obligations that would require the use of the contractor’s resources within the current operation period, given that certain events take place in the future. These shall be treated as actual liabilities, wholly or in part, depending on the probability of such liabilities becoming actual liabilities.

f. Patents, organizational expense, non-compete agreements, goodwill, and intangible assets shall be eliminated entirely.

g. Past due receivables, unexplained receivables, unsecured loans and notes receivable, and the interest for these receivables shall be eliminated entirely.

h. Officer and employee receivables, or other related party receivables, where it is determined that one party can exercise control or significant influence over the management and/or operating policies of the other party, shall be eliminated entirely. Furthermore, subsidiary or affiliate receivables, based upon the known facts and circumstances, that do not lead to the realization of value for use in the contractor’s operations shall be eliminated in part or entirely.

i. Prepaid expenses, deposits, prepaid taxes, deferred interest, and the excess of deferred tax assets over deferred tax liabilities shall be eliminated entirely.

j. The book value of leasehold improvements and the excess of book value over liabilities for capital lease assets shall be eliminated entirely. Cash surrender value life insurance shall be eliminated entirely.

k. Construction claims included as current assets associated with contracts shall be eliminated entirely.

MCR. The calculated MCR shall be rounded off according to the following scale:

Up to $500,000 – round off to nearest $10,000

Above $500,000 to $2,000,000 – round off to nearest $25,000

Above $2,000,000 – round off to nearest $50,000

(b) Bonding Capacity.

Except for the provisions of sub-subparagraph 14-22.003(2)(a)2.a., F.A.C., an applicant qualifying for a positive rating, or a contractor having a current certificate of qualification, has an Ability Score of 80 or higher, and has a Current Ratio Factor of at least 1.00, is eligible to request an increase in its MCR upon receipt of evidence of a current bonding capacity exceeding the calculated MCR from a surety company authorized to do business in the State of Florida. Such evidence shall be in the form of a Surety Commitment Letter and executed by an officer of the surety, authorized to bind the surety, with a power of attorney attached. The Surety Commitment Letter must be dated within four months of the request, and cover the certification period. The limit for an MCR issued on the basis of such bond commitment for applicants with an Ability Score of 80 through 90 will be determined by the following “Surety Capacity” formula:

SC = SM × MCR × (CRV ÷ TRV)

In which:

Surety Capacity

Surety Multiplier (Determined from Ability Score – Surety Multiplier Table as provided below)

MCR

Maximum Capacity (Determined as provided in paragraph 14-22.003(2)(a), F.A.C.)

CRV

Construction Revenues (As set forth in applicant’s financial statements per subparagraph 14-22.002(2)(c)2., F.A.C.)

TRV

Total Revenues (As set forth in applicant’s financial statements)

Ability Score Surety Multiplier Table

Ability Score

Surety Multiplier

3.0

3.4

3.8

4.2

4.6

5.0

5.6

6.2

6.8

7.4

8.0

Except for the provisions of sub-subparagraph 14-22.003(2)(a)2.a., F.A.C., the MCR for firms that have an Ability Score of 91 or greater will be the “Aggregate of Contracts” amount stipulated in the surety commitment letter. An MCR established through the use of a surety commitment letter shall not exceed the “Aggregate of Contracts” amount stipulated in the surety commitment letter.
Except for the provisions of sub-subparagraph 14-22.003(2)(a)2.a., F.A.C., use of a surety commitment letter to increase an applicant’s MCR will only be considered if at the time of application the CRF is at least 1.00, as defined in subparagraph 14-22.003(2)(a)3., F.A.C., and the applicant has an Ability Score of 80 or higher. No event(s) during the qualification period, subsequent to the ending date of the financial statements used for qualification, will be considered in determining an applicant’s CRF. However, the Department will evaluate the general qualification factors listed in subsection 14-22.0041(1), F.A.C., in consideration of an increase to the applicant’s MCR through the use of a surety commitment letter.

(3) Classification of Work.

(a) Applicant request for class(es) of work. Applicants shall indicate each class of work for which they request qualification. The Department will consider qualification only in the specific class or classes of work requested.

(b) The major classes of work are as follows:

Bascule Bridge Rehabilitation.
Bridge Deck Overlays.
Bridge Painting.
Cathodic Protection.
Computerized Traffic Control.
Debris Removal (Emergency) Contractor Additional Experience, *Form 375-020-70, Rev. 02/10, hereby incorporated by reference.
Drainage (includes all storm drains, pipe culverts, culverts, etc.).
Electrical Work (includes roadway, bridge, and runway lighting).
Fencing.
Flexible Paving (includes limerock, shell base and other optional base courses, soil-cement base, mixed-in-place bituminous paving, bituminous surface treatments and stabilizing).
Grading (includes clearing and grubbing, excavation, and embarkment).
Grassing, Seeding and Sodding.
Guardrail.
Hot in Place Resurfacing Contractor Additional Experience, *Form 375-020-71, Rev. 02/10, hereby incorporated by reference.
Hot Plant-Mixed Bitum. Course (includes structural and surface courses).
Intelligent Transportation Systems Contractor Additional Experience, * Form 375-020-73, Rev. 02/10, hereby incorporated by reference.
Intermediate Bridges that contain none of the types of construction listed under Major Bridges and span lengths exceeding 50 feet (center to center of cap).
Landscaping Contractor Additional Experience, * Form 375-020-72, Rev. 02/10, hereby incorporated by reference.
Major Bridge – Bascule Spans.
Major Bridge – Bridges of conventional construction which are over a water opening of 1,000 feet or more.
Major Bridge – Cable Stayed Construction.
Major Bridge – Cast in Place/Post-Tensioned/Super-Structure.
Major Bridge – Concrete Segmental Construction.
Major Bridge – Curved Steel Girders.
Major Bridge – Multi-Level Roadways
Major Bridge – Steel Truss Construction.
Minor Bridges that contain span lengths not exceeding 50 feet (center to center of cap) and total length not exceeding 300 feet. A Minor Bridge shall not contain any type of construction listed under Major Bridges or Intermediate Bridges.
Pavement Marking (includes delineators, traffic stripe painting, and thermoplastics).
Portland Cement Concrete Roadway Paving.
R&R Intermediate Bridges as defined in Number 17.
R&R Major Bridge – Bridges of conventional construction which are over a water opening of 1,000 feet or more.
R&R Major Bridge – Cable Stayed Construction.
R&R Major Bridge – Concrete Segmental Construction.
R&R Major Bridge – Multi-Level Roadways.
R&R Major Bridge – Steel Truss Construction.
R&R Major Bridge – Curved Steel Girders.
R&R Minor Bridges as defined in Number 27.
Roadway Signing.
Traffic Signal.
Other Work Classes Requested.

(d) For the Work Class of Debris Removal (Emergency), the contractor(s) shall complete the Application for Qualification and satisfy the criteria in Form 375-020-70, Rev. 3/10, incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03123 accompanied by a Reviewed Financial Statement that meets the requirements of subparagraphs 14-22.003(2)(a)3. and 4., F.A.C., for Current Ratio Factor and Adjusted Net Worth.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.167 FS. History–(Formerly Chapter 14-8), New 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(4), Amended 3-23-79, 11-10-82, 8-25-83, 1-9-84, 10-1-85, Formerly 14-22.03, Amended 12-20-89, 4-22-92, 1-4-94, 7-1-95, 7-2-95, 7-8-01, 6-27-04, 5-15-06, 11-5-06, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.004 Prequalification Committee and Appeals Procedure

History

Rulemaking Authority 334.02(6), 337.14(1) FS. Law Implemented 120.53(1)(a), 120.62, 337.14(1), 337.15 FS. History–New 7-1-67, Formerly 14-8, Amended 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(5), (6), Amended 3-23-79, Formerly 14-22.04, Repealed 11-10-82.

Fla. Admin. Code R. 14-22.0041 Procedure for Qualification and Issuance of Certificate of Qualification

(1) General Qualification Requirements. General factors the Department will consider in determining qualification include:

(a) Adequacy of financial resources as set forth in subparagraphs 14-22.003(2)(a)3. and 4., F.A.C.

(b) History of conviction for contract crime by an applicant or its affiliate(s).

(d) Record of past work performance or payment of obligations.

(e) Employment of, or otherwise providing compensation to, any employee or officer of the Department.

(f) Evidence of willfully offering an employee or officer of the Department any pecuniary or other benefit with the intent to influence the employee’s or officer’s official action or judgment.

(g) Whether the applicant or its affiliate is currently delinquent or has been delinquent on any contract previously awarded by the Department.

(2) Certificate of Qualification. The Certificate of Qualification shall provide instructions for the applicant to access its Maximum Capacity Rating, the class or classes of work approved for bidding, the applicant’s name for submitting bids, and the expiration date.

(3) Revision of Certificate of Qualification. The Department may issue a Revised Certificate of Qualification that expires no later than the expiration date of the previous valid Certificate of Qualification. A revised Certificate of Qualification shall be issued when at least one of the following occurs: changes in classes of work, Maximum Capacity Rating, company name, or correction of technical errors.

(a) Written requests for raising the Maximum Capacity Rating must conform to paragraph 14-22.003(2)(b), F.A.C.

(b) Revisions to the Ability Score of non-active contractors shall be made by the Department using the procedure described in sub-subparagraph 14-22.003(2)(a)1.a., F.A.C.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.14, 337.164, 337.165, 337.167 FS. History–New 11-10-82, Amended 8-25-83, 10-1-85, Formerly 14-22.041, Amended 12-20-89, 1-4-94, 7-1-95, 6-27-04, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.0042 Notification of Contract Crime

A contractor who is currently qualified, or seeking to be qualified, shall notify the Contracts Administration Office in writing within 30 days of the filing of a criminal Information or Indictment or the conviction of a contract crime applicable to the contractor, or any affiliates, officers, directors, executives, shareholders active in management, employees or agents of the contractor.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.164, 337.165(5), (6) FS. History–New 8-25-83, Amended 10-1-85, Formerly 14-22.042, Amended 12-20-89, 1-4-94, 5-15-06, 10-10-10, Repromulgated 4-13-14.

Fla. Admin. Code R. 14-22.005 Period of Validity of Qualification

(1) The applicant’s period of qualification shall be 18 months from the applicant’s fiscal year ending date included in the application. For good cause, the Department shall approve a period of qualification less than 18 months. Good cause shall mean as set forth in Rule 14-22.012, F.A.C. The Certificate of Qualification shall expire on the expiration date of the certificate, regardless of whether an administrative hearing has been requested concerning the Department’s action on the application. Submission of an application shall not affect the expiration of the Certificate of Qualification. Issuance of a new Certificate of Qualification will determine the new Ability Factor and Maximum Capacity Rating that is effective on the date of issuance and supersedes the current Certificate of Qualification.

(2) Qualified applicants in good standing will be notified of the impending deadline date for submittal of their application at least 45 days prior to that date. Failure of notification shall not affect the deadline date for submittal of applications.

(3) Qualified applicants shall submit a new application with financial statements as required by subsection 14-22.002(2), F.A.C., within four months from the date a change of ownership or incorporation of a non-incorporated firm occurs. A new application shall also be required whenever the Department has reason to believe that the position of a qualified applicant is less favorable than at the time of its last application, or that a subsequent, material event has occurred which adversely affects the financial position of the applicant.

(4) A qualified applicant need not submit a new application solely based on a change in the officers or name of a corporation, but such information shall be certified to the Department within 10 days of the event.

(5) A qualified applicant shall notify the Department, in writing, within 10 days of the decrease in its available surety performance bond credit amount.

(6) A Certificate of Qualification shall not be issued to an applicant or affiliate that is insolvent.

(7) A qualified applicant or affiliate shall notify the Contracts Administration Office in writing upon the filing of a bankruptcy petition. The notice must be received by the Contracts Administration Office within 10 days of the initial filing.

(8) A qualified applicant, upon written request from the Department (stating the reasons for this request), shall submit updated or other additional financial information necessary for the Department to verify financial adequacy during the period of validity of qualification.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164 FS. History–(Formerly Chapter 14-8), New 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(7), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.05, Amended 12-20-89, 1-4-94, 6-27-04, 5-15-06, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.006 Current Capacity Rating

(1) The Certificate of Qualification shall establish an applicant’s Maximum Capacity Rating, which will be reduced by the total value of their current uncompleted work, regardless of its location and with whom it may be contracted, to determine the bidding capacity at any particular time. Current Capacity is the applicant’s bidding capacity. Current Capacity shall be amended immediately upon issuance of a new Certificate of Qualification, regardless of whether the existing Certificate of Qualification has expired.

(2) In determining the Current Capacity of a prospective bidder, the deduction for uncompleted work shall include work subcontracted from others. The bidder will be given credit for work sublet to others; provided, for contracts with the Department, the request for authorization to sublet the work has been approved in writing.

(3) All prequalified contractors must certify their total dollar amount of work underway monthly and submit Form 375-020-39, Rev. 11/07, Update Work Underway, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03120, with the Status of Contracts On Hand Template, or a spreadsheet in a similar and accepted format. This information must reflect an “as of date” no older than 30 days prior to the certification date. The certification must be submitted via the “Work Underway” link in the Contractor Pre-Qualification System. This certification is independent of the Status of Contracts On Hand submitted with the annual application for qualification. Failure to submit the Certification of Work Underway shall result in the contractor being prohibited from receiving bidding documents, submitting bids, or receiving contract awards until the certification is submitted. If a Form 375-020-39 is submitted, and the contractor is awarded a contract during that month that exceeds 25% of the total dollar amount of work underway, a revised Form 375-020-39 must be submitted prior to submitting another bid during that month.

(4) In determining a bidder’s Current Capacity, any projects in a prior letting pending award by the Department to such bidder shall also be debited against the bidder’s Current Capacity, unless the award is to be delayed for an indefinite period of time. Further, no credit shall be given for proposed subcontracting of any work included in such proposal pending award.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164 FS. History–(Formerly Chapter 14-8), New 7-1-67, 8-20-68, 5-9-70, 1-6-72, 7-24-75, Formerly 14-22.01(8), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.06, Amended 12-20-89, 6-27-90, 1-4-94, 7-1-95, 7-2-95, 12-18-05, 5-15-06, 1-23-08, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.007 Joint Ventures

(1) Two or more qualified bidders may bid jointly provided each party has requested the proposal document be issued to the joint venture; the combined joint venture meets the requirements of subsection 14-22.008(1), F.A.C., and the combined Current Capacity of the parties to the joint venture equals or exceeds the budget estimate of the project. The parties to a joint venture shall submit a statement in the name of the joint venture signed by each party, indicating the percentage of proposed contract work to be debited against each one’s Current Capacity. The total of these percentages must equal one hundred percent. No party in the joint venture may exceed its Current Capacity by virtue of the percentage of work to be debited against its available capacity, as expressed on the signed statement and using the budget estimate as the comparison figure. To comply with this section, the parties to a joint venture shall submit Form 375-020-18, Rev. 09/13, Declaration of Joint Venture and Power of Attorney for Bidding on Specified Project(s), hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03121, and receive approval prior to the due date of the letter of interest, the request for proposal, or issuance of the proposal, whichever is due or occurs first.

(2) If the joint venture parties are affiliated in any way as to ownership, officers, or key employees, they may indicate the desired apportionment of the capacity debit.

(3) The provisions of this section regarding the apportionment of the debit among the parties shall in no way divide the responsibility for the joint venture bid or contract among the parties.

(4) Qualified parties who form a joint venture under the provisions of this rule must have a federal Employer Identification Number (EIN) for the joint venture or give proof that the EIN has been requested. The joint venture shall provide this number to the Department before the contract award can be made.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164 FS. History–(Formerly Chapter 14-8), New 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(9), Amended 3-23-79, 11-10-82, 8-25-83, Formerly 14-22.07, Amended 12-20-89, 1-4-94, 7-1-95, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.008 Eligibility for Obtaining Proposal Documents

(1) Proposal documents for a specific project shall be issued only to a prospective bidder who has a Current Capacity equal to or greater than the budgeted contract amount and a Certificate of Qualification which expires on or after the date proposals are to be received, covering one or more classes of work, as identified in paragraph 14-22.003(3)(b), F.A.C., which, in the aggregate, comprise 50 percent or more of the percentage of the Department’s budget estimate of the major classes of work in the specific contract.

(2) A contractor must be qualified in 50 percent or more of the Department’s budget estimate for the total classes of all work in the specific project.

(3) In determining whether a contractor shall receive proposal documents, the Department shall automatically credit all contractors as being qualified in 50 percent of the Maintenance of Traffic percentage of the Department’s budget estimate for a specific project.

(4) Eligibility for obtaining proposal documents shall have no effect on determination of the Current Capacity.

(5) A qualified bidder will be issued proposal documents for any number of projects, provided the estimated contract amount of any individual project requested does not exceed their Current Capacity. Except for the provisions of sub-subparagraph 14-22.003(2)(a)2.a., F.A.C., qualified firms that desire to bid for a project which exceeds their Current Capacity, but whose CRF was at least 1.00, based on the financial statements used for current qualification, and that have an Ability Score of 80 or higher, shall be allowed to bid that specific project if the firm furnishes a commitment letter from a surety company authorized to do business in the State of Florida that the project amount does not exceed the firm’s Surety Capacity. Issuance of proposal documents by the Department shall be subject to the payment of applicable costs by the qualified bidder.

(6) The bid shall be signed by the owner for sole proprietorships, the partner(s) authorized to bind the entity for partnerships, the president or vice president for corporations, and the authorized executing official for limited liability companies. Bids submitted by a joint venture shall be signed by the authorized executing officials of the business entities comprising the joint venture and the attorney-in-fact for the joint venture.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14 FS. History–(Formerly Chapter 14-8), New 7-1-68, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(11), Amended 3-23-79, 11-10-82, 8-25-83, Formerly 14-22.08, Amended 12-20-89, 1-4-94, 7-1-95, 7-2-95, 7-8-01, 5-15-06, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.009 Over-Bidding

(1) Any bid that exceeds the Current Capacity of the bidder based upon the most recently issued Certificate of Qualification shall be rejected unless the bidder fulfills the requirements of subsection 14-22.009(3), F.A.C. Pursuant to subsection 14-22.006(1), F.A.C., Current Capacity is amended immediately upon issuance of a new Certificate of Qualification.

(2) In the event a bidder submits the low bid on two or more projects in the same letting, where the aggregate dollar amount of the bids is greater than the Current Capacity of the bidder, and the bidder is unable to increase its Current Capacity by fulfilling the requirements of subsection 14-22.009(3), F.A.C., the Department shall select the particular project or projects for award that will result in the least cost to the Department.

(3) Before the Department takes action under the provisions of either of the preceding two paragraphs, the bidder shall be notified in writing of the Department’s action, and, except for the AF provisions of sub-subparagraph 14-22.003(2)(a)2.a., F.A.C., shall be allowed 10 days from the date the bid was opened to submit a certification of work underway pursuant to Rule 14-22.006, F.A.C.

(4) The determination of the successful bidder on any project or projects in which bids have been rejected, shall be made without consideration of the rejected bid(s).

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14 FS. History–(Formerly Chapter 14-8), New 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(11), Amended 3-23-79, 11-10-82, 8-25-83, Formerly 14-22.09, Amended 12-20-89, 1-4-94, 7-1-95, 7-2-95, 7-8-01, 12-18-05, 1-23-08, 10-10-10.

Fla. Admin. Code R. 14-22.010 Special Classes of Work

History

Rulemaking Authority 334.02(6), 337.14(1) FS. Law Implemented 337.14(1) FS. History–New 7-1-67, Formerly 14-8, Amended 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(12), Amended 3-23-79, Formerly 14-22.10, Repealed 11-10-82.

Fla. Admin. Code R. 14-22.0101 Special Classes of Work

History

Rulemaking Authority 334.044(2), 337.105, 337.14(1) FS. Law Implemented 337.105, 337.11, 337.14, 337.164 FS. History–New 12-20-89, Amended 1-4-94, Repealed 10-10-10.

Fla. Admin. Code R. 14-22.011 Subletting

History

Rulemaking Authority 334.02(6), 337.14(1) FS. Law Implemented 337.14(1) FS. History–New 7-1-67, Formerly 14-8, Amended 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(12), Amended 3-23-79, Formerly 14-22.11, Repealed 11-10-82.

Fla. Admin. Code R. 14-22.0111 Subletting

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.14, 337.164 FS. History–New 12-20-89, Amended 1-4-94, Repealed 10-10-10.

Fla. Admin. Code R. 14-22.012 Suspension, Revocation, or Denial of Qualification

(1) As provided in Section 337.16(2), F.S., the Department, for good cause, may deny, suspend, or revoke a contractor’s Certificate of Qualification. A suspension, revocation, or denial for good cause pursuant to this rule shall prohibit the contractor from bidding on any Department construction contract for which qualification is required by Section 337.14, F.S., shall constitute a determination of non-responsibility to bid on any other Department construction or maintenance contract, and shall prohibit the contractor from acting as a material supplier or subcontractor on any Department contract or project during the period of suspension, revocation, or denial. Good cause shall include the following:

(a) One of the circumstances specified under Section 337.16(2), F.S., has occurred.

(b) Affiliated contractors submitted more than one proposal for the same work. In this event the Certificate of Qualification of all of the affiliated bidders will be revoked, suspended, or denied. All bids of affiliated bidders will be rejected.

(c) The contractor made or submitted false, deceptive, or fraudulent statements, certifications, or materials in any claim for payment or any information required by any Department contract, including the Certification of Work Underway.

(d) The contractor or its affiliate defaulted on any contract or a contract surety assumed control of financial responsibility for any contract of the contractor.

(e) The contractor’s qualification to bid is suspended, revoked, or denied by any other public or semi-public entity, or the contractor has been the subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.

(f) The contractor failed to comply with contract or warranty requirements, or failed to follow Department direction in the performance of a contract.

(g) The contractor failed to timely furnish all contract documents required by the contract specifications, special provisions, or by any state or federal statutes or regulations. If the contractor fails to furnish any of the subject contract documents by the expiration of the period of suspension, revocation, or denial set forth above, the contractor’s Certificate of Qualification shall remain suspended, revoked, or denied until the documents are furnished.

(h) The contractor failed to notify the Department’s Contracts Administration Office within 10 days of the contractor, or any of its affiliates, being declared in default or otherwise not completing work on a contract, or being suspended from qualification to bid or denied qualification to bid by any other public or semi-public agency.

(i) The contractor did not pay its subcontractors or suppliers in a timely manner or in compliance with contract documents.

(j) The contractor has demonstrated instances of poor or unsatisfactory performance, deficient management resulting in project delay, poor quality workmanship, a history of payment of liquidated damages, untimely completion of projects, uncooperative attitude, contract litigation, inflated claims or defaults.

(k) An affiliate of the contractor has previously been determined by the Department to be non-responsible, and the specified period of suspension, revocation, denial, or non-responsibily remains in effect.

(l) The contractor or affiliate(s) has been convicted of a contract crime, as provided in Section 337.165, F.S.

(m) Any other circumstance constituting “good cause” under Section 337.16(2), F.S., exists.

(2) The Department shall deny or revoke the Certificate of Qualification of any contractor and its affiliates for a period of 36 months, pursuant to Section 337.165, F.S., when it is determined by the Department that the contractor has, subsequent to January 1, 1978, been convicted of a contract crime within the jurisdiction of any state or federal court. Any such contractor shall not act as a prime contractor, material supplier, subcontractor, or consultant on any Department contract or project during the period of denial or revocation.

(3) The Certificate of Qualification of a contractor found delinquent under Section 337.16(1), F.S., shall be denied, suspended, or revoked. A suspension or revocation shall prohibit the contractor from being a subcontractor on Department work during the period of denial, suspension, or revocation, except when a prime contractor’s bid has used prices of a subcontractor who becomes disqualified after the bid, but before the request for authorization to sublet is presented.

(4) If a contractor’s Certificate of Qualification is revoked, suspended, or denied and the contractor receives an additional period of revocation, suspension, or denial of its Certificate of Qualification, the time periods will run consecutively.

(5) The revocation, denial, or suspension of a contractor’s Certificate of Qualification under this Section shall be for a specific period of time based on the seriousness of the deficiency.

Examples of factors affecting the seriousness of a deficiency are:

(a) Impacts on project schedule, cost, or quality of work;

(b) Unsafe conditions allowed to exist;

(d) Delay or interference with the bidding process;

(e) The potential for repetition;

(f) Integrity of the public contracting process;

(g) Effect on the health, safety, and welfare of the public.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.16, 337.165, 337.167 FS. History–(Formerly Chapter 14-8), New 7-1-67, Amended 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(11), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.12, Amended 12-20-89, 1-4-94, 7-1-95, 7-2-95, 2-16-99, 7-8-01, 6-27-04, 1-23-08, 10-10-10, 4-13-14.

Fla. Admin. Code R. 14-22.0121 Reapplication and Reinstatement

(1) A contractor whose qualification to bid has been revoked or denied because of contract crime may, at any time after revocation or denial, file a petition for reapplication or reinstatement. However, a contractor may not petition for reapplication or reinstatement for a period of 24 months after revocation or denial for a subsequent conviction occurring within 10 years of a previous denial or revocation for contract crime.

(2) If the petition for reapplication or reinstatement is denied, the contractor can not petition for a subsequent hearing for a period of nine months following the date of the final order of revocation or denial.

(3) If the petition for reapplication or reinstatement is granted, the contractor must file a current Application for Qualification with the Contracts Administration Office. Reinstatement shall not be effective until issuance of a Certificate of Qualification. The financial statements submitted with the reinstatement application must comply with subsection 14-22.002(2), F.A.C.

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.14, 337.16, 337.164, 337.165, 337.167 FS. History–New 8-25-83, Amended 10-1-85, Formerly 14-22.121, Amended 12-20-89, 1-4-94, 1-23-08, 10-10-10.

Fla. Admin. Code R. 14-22.013 Effective Date

History

Rulemaking Authority 334.02(6), 337.14(1) FS. Law Implemented 337.14 FS. History–New 7-1-67, Formerly 14-8, Amended 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(5), Amended 3-23-79, Formerly 14-22.13, Repealed 3-23-79.

Fla. Admin. Code R. 14-22.014 Emergency Suspension and Revocation

(1) The Department may summarily issue an emergency suspension of a contractor’s qualification to bid if it finds that imminent danger exists to the public health, safety, or welfare.

(2) The written notice of emergency suspension shall state the specific facts and reasons for finding an imminent danger to the public health, safety, or welfare exists.

(3) The Department, within 10 days of the emergency suspension, shall initiate formal suspension or revocation proceedings in compliance with Rule 14-22.012, F.A.C., except the 10 day notice requirement shall not be construed to prevent a hearing at the earliest time practicable upon request of the aggrieved party.

History

Rulemaking Authority 334.044(2), 337.14(1), 337.167(2) FS. Law Implemented 337.11, 337.14, 337.16, 337.164, 337.167 FS. History–New 11-10-82, Amended 8-25-83, Formerly 14-22.14, Amended 12-20-89, 1-4-94, 10-10-10.

Fla. Admin. Code R. 14-22.0141 Contractor Non-Responsibility

(1) Contractors who do not possess a Certificate of Qualification shall be determined non-responsible if the Department determines that good cause exists. Good cause shall exist when any one of the circumstances specified in subsection 14-22.012(1), F.A.C., occurs.

(2) Determination of Contractor Non-Responsibility. The Contractor will be determined to be non-responsible based upon good cause as set forth in subsection 14-22.012(1), F.A.C., for a specific period of time based on the factors specified in subsection 14-22.012(5), F.A.C.

(a) This rule does not limit the Department’s ability to reject a bid or cancel an award for a particular contract based upon the contractor being non-responsible.

(b) A determination of non-responsibility shall prohibit a contractor from bidding, subcontracting, or acting as a material supplier on any Department contracts or projects during the period of non-responsibility.

(c) If a contractor is declared non-responsible and the contractor receives an additional determination of non-responsibility, the time periods shall run consecutively.

History

Rulemaking Authority 334.14(1), 334.044(2) FS. Law Implemented 337.11, 337.16(2) FS. History–New 4-11-95, Amended 12-7-97, 7-8-01, 6-27-04, 1-23-08, 10-10-10.

Fla. Admin. Code R. 14-22.015 Forms

History

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.167 FS. History–New 11-10-82, Amended 8-25-83, Formerly 14-22.15, Amended 12-20-89, 1-4-94, 7-1-95, 7-2-95, 7-8-01, 6-27-04, 12-18-05, 5-15-06, 11-5-06, 1-23-08, 10-10-10.

Chapter 14-24 PROMPT SETTLEMENT OR LEGAL DEFENSE OF CLAIMS AND DISQUALIFICATION FOR FAILURE TO SETTLE CLAIMS

Fla. Admin. Code R. 14-24.001 Prompt Settlement or Legal Defense of Claims and Disqualification for Failure to Settle Claims

(1) Any surety company providing a performance bond, that does not promptly and satisfactorily settle or provide a defense for claims or actions in connection with liabilities arising under a construction or maintenance contract for which the surety company previously furnished a bond shall be disqualified from issuing bonds for future Department construction or maintenance contracts.

(2) Within 90 days of the Department’s offer of final payment, the surety company shall provide to the Department a Contractor’s Affidavit and Surety Consent (Form 21-A), FDOT Form 700-050-21, Rev. 10-13-10, incorporated by reference under Rule 14-79.006, F.A.C. Failure to comply shall constitute grounds for disqualification. Preliminary notice of disqualification will be furnished to the surety company at least 21 days prior to disqualification. Qualification will be reinstated upon the Department’s receipt of the properly executed Contractor’s Affidavit and Surety Consent (Form 21-A).

History

Rulemaking Authority 334.044(2), 337.18(1) FS. Law Implemented 334.044(28), 337.141, 337.18(1) FS. History–Formerly 14-10.01, New 3-21-64, 9-24-75, Formerly 14-24.01, Amended 10-30-96, 1-17-99, 3-28-00, 10-19-04, 10-13-10.

Chapter 14-25 CONTRACT BIDDING AND AWARD PROTEST PROCEDURES

Fla. Admin. Code R. 14-25.001 Purpose and Scope

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.01, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.002 Notice of Bid Solicitation

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.02, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.022 Contracts Administration Office

History

Rulemaking Authority 120.57(3), 334.044(2) FS. Law Implemented 120.57(3)(a), 337.11 FS. History–New 11-12-85, Formerly 14-25.22, Amended 10-18-89, 4-17-91, 1-15-92, 2-10-92, 9-20-94, Repealed 9-26-07.

Fla. Admin. Code R. 14-25.023 District Offices

History

Rulemaking Authority 120.57(3), 334.044(2) FS. Law Implemented 120.57(3), 337.11 FS. History–New 11-12-85, Formerly 14-25.23, Amended 10-18-89, 4-17-91, 9-20-94, Repealed 9-26-07.

Fla. Admin. Code R. 14-25.003 Notice of Intended Decision

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.03, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.004 Protests

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Amended 6-17-82, Formerly 14-25.04, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.005 Suspension of Bidding Process

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.05, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.006 Resolution of Protests

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5)(d) FS. History–New 4-19-82, Formerly 14-25.06, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.007 Notice of Bid Solicitation

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.07, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.008 Notice of Intended Decision

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.08, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.009 Protests

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.09, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.010 Suspension of Bidding Process

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.10, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.011 Resolution of Protests

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5)(d) FS. History–New 4-19-82, Formerly 14-25.11, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.012 Notice of Bid Solicitation

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.12, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.013 Notice of Intended Decision

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.13, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.014 Protests

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Amended 8-26-82, Formerly 14-25.14, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.015 Suspension of Bidding Process

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5) FS. History–New 4-19-82, Formerly 14-25.15, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.016 Resolution of Protests

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5)(d) FS. History–New 4-19-82, Formerly 14-25.16, Repealed 11-12-85.

Fla. Admin. Code R. 14-25.021 Purpose and Scope

History

Rulemaking Authority 120.53(5), 334.044(2) FS. Law Implemented 120.53(5) FS. History–New 11-12-85, Formerly 14-25.21, Repealed 8-6-96.

Fla. Admin. Code R. 14-25.024 Protests

History

Rulemaking Authority 120.57(3), 334.044(2) FS. Law Implemented 120.57(3), 337.11(5) FS. History–New 11-12-85, Formerly 14-25.24, Amended 10-18-89, 4-17-91, 6-24-91, 8-11-92, 9-20-94, 5-23-95, 8-29-95, 1-17-99, Repealed 9-26-07.

Fla. Admin. Code R. 14-25.025 Suspension of Bidding Process

History

Rulemaking Authority 120.57(3), 334.044(2) FS. Law Implemented 120.57(3) FS. History–New 11-12-85, Formerly 14-25.25, Amended 10-18-89, 9-20-94, Repealed 1-17-99.

Fla. Admin. Code R. 14-25.026 Resolution of Protest

History

Rulemaking Authority 120.57(3), 334.044(2) FS. Law Implemented 120.57(3)(e) FS. History–New 11-12-85, Formerly 14-25.26, Amended 10-18-89, 1-17-99, Repealed 9-26-07.

Chapter 14-26 SAFETY REGULATIONS AND PERMIT FEES FOR OVERWEIGHT AND OVERDIMENSIONAL VEHICLES

Fla. Admin. Code R. 14-26.001 Schedule of Fees for Permits

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 12-1-63, Amended 6-20-65, 5-23-68, 10-13-72, 10-30-78, Formerly 14-26.01, Repealed 8-26-82.

Fla. Admin. Code R. 14-26.002 Exemptions from Fee Requirement

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 10-13-72, Amended 10-30-78, Formerly 14-26.02, Repealed 8-26-82.

Fla. Admin. Code R. 14-26.003 Purpose

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550 FS. History–New 8-26-82, Formerly 14-26.03, Amended 9-15-87, Repealed 6-23-96.

Fla. Admin. Code R. 14-26.004 Scope

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550 FS. History–New 8-26-82, Formerly 14-26.04, Amended 9-15-87, Repealed 6-23-96.

Fla. Admin. Code R. 14-26.0041 Definitions and Terms

All terms in this rule chapter shall have the same meaning as defined in section 316.003, F.S., except that “Department” shall refer to the Department of Transportation. Additionally, the following terms are defined:

(1) “Applicant” means a person or entity requesting a permit.

(2) “Axle Spacing” means the measurement between the centers of the axles as measured from center-to-center of wheel hubs.

(3) “Divisible Load” means a load which exceeds the legal weight, length, width or height limits established in sections 316.515 and 316.535, F.S., which can be dismantled using appropriate equipment without destroying the value or compromising the intended use of the load.

(4) “Escort” means a person authorized in the manner prescribed in paragraphs 14-26.012(2)(b)-(c), F.A.C., to perform accompanying duties for overweight or overdimensional vehicles.

(5) “Escort Vehicles” means a vehicle independent of the permitted vehicle, equipped with a working, amber warning light located on top of the escort vehicle, and operated by a qualified escort, law enforcement escort, or any combination shown in Rule 14-26.012, F.A.C.

(6) “Excluding Holidays” means movement is prohibited all day on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day after Thanksgiving, and Christmas. If any of these holidays fall on Saturday, the preceding Friday shall also be observed as a holiday. If any of these holidays fall on a Sunday, the following Monday shall also be observed as a holiday.

(7) “External Bridge” or “outer bridge” means the distance from the center of the front steering axle of the vehicle (or combination of vehicles) to the center of the last axle of the vehicle (or combination of vehicles).

(8) “Fifth Wheel” means a device mounted on a truck tractor or similar towing vehicle (e.g., converter dolly) which interfaces with and couples to the upper coupler assembly of a semitrailer.

(9) “Flag” means a red or florescent orange device used to warn approaching traffic of a safety hazard.

(10) “Governmental Entity” means as defined in section 215.985(2)(c), F.S.

(11) “Inner-Bridge” means the distance between the centers of any two or more consecutive axles on a vehicle (or combination of vehicles) traveling on the interstate system only, exclusive of the external bridge.

(12) “Kingpin Setting” means the distance between the kingpin or other peg which locks into the fifth wheel and the center of the rear axle or the center of the rear axle grouping (whichever applies).

(13) “Law Enforcement Escort” means any police officer as defined in section 316.003(32), F.S., operating any vehicle owned by a law enforcement agency using blue or red and blue warning lights to accompany an oversize/overweight vehicle.

(14) “Local Moves” means hauling not more than a 50 mile radius from the point of origin.

(15) “Manufactured Building” or “modular building” means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems made for installation or erection as a finished building or part of a finished building, which shall include, but not be limited to residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds made and assembled offsite by a manufacturer certified in conformance with section 553.381, F.S.

(16) “Manufactured Home” means as defined in section 320.01(2)(b), F.S.

(17) “Mobile Home” means as defined in section 320.01(2)(a), F.S.

(18) “Multiple Loading” means the placing of more than one item on a vehicle so as to cause the overall measurements to exceed the maximum length, width, height, and weight limitations established in sections 316.515 and 316.535, F.S.

(19) “Multi-Trip Permit” or “blanket” or “annual permit” or “Route Specific Blanket Permit” means authorization issued to allow multiple trips for a period not to exceed 12 months.

(20) “Non-Routine Permit” means authorization issued with a structural evaluation or override authorization.

(21) “Overdimensional” or “oversize” means any vehicle configuration, including the load, which exceeds the limitations provided in Section 316.515, F.S.

(22) “Overhang” means that portion of a load or vehicle attachment that projects beyond the front or rear wheels of a vehicle or the front or rear bumper of a vehicle if it is equipped with a front or rear bumper.

(23) “Overweight” means any vehicle configuration, including the load, which exceeds the limitations provided in Section 316.535, F.S.

(24) “Permit Office” means the Permit Section of the Office of Maintenance, Florida Department of Transportation, with offices located in Tallahassee, Florida. Website: www.fdotmaint.com/permit/.

(25) “Permittee” means the applicant to whom an oversize/overweight permit is issued.

(26) “Routine Permit” means authorization issued by the Department for an overweight or overdimensional load that did not require a structural evaluation, local movement restrictions, or override authorization.

(27) “Self-Propelled Equipment” means a single rigid frame unit propelled with its own power source which does not transport a divisible load, and includes equipment such as earth handling equipment, cranes (which may include a dolly attachment), derricks and fire trucks.

(28) “Trip Permit” means authorization issued to allow a single hauling of a load from point of origin to destination.

(29) “Truck Crane” means any vehicle (which may include a dolly attachment) designed and constructed to be used primarily for lifting, lowering, or traversing while operating from either a secure stationary position, or in a rolling position, if specifically designed for rolling operation.

(30) “Valid Permit” means authorization pursuant to section 316.550, F.S., by the Department that has not been altered, changed, or otherwise modified, unless in writing by the Department, accompanied by the original permit.

(31) “Warning Light” means a class 2 electrical lighting device located on a permitted vehicle and/or escort vehicles, used to warn all approaching traffic of a possible safety hazard. The device shall be any one or combination of the following:

(a) Rotating;

(b) Strobe;

(32) “Warning Sign” means a sign device, located on permitted vehicle and escort vehicles, used to warn all approaching traffic of a possible safety hazard.

(33) “Wrecker Permit” means authorization issued for the operation of a wrecker where the combined weight of the wrecker plus towed disabled vehicle exceeds the maximum weight established by section 316.535, F.S.

History

Rulemaking Authority 316.550(6), 334.044(2) FS. Law Implemented 316.515, 316.550 FS. History–New 9-15-87, Amended 7-21-91, 6-23-96, 11-10-98, 2-1-10, 10-4-10, 2-5-13, 8-23-16, 4-24-18.

Fla. Admin. Code R. 14-26.00411 Procedure for Issuance of Permits

(1) Purpose. The purpose of this rule chapter is to protect the public safety, to reduce interference with traffic flow on state owned highways and structures, and to preserve the state’s transportation facilities by providing standards and procedures to govern issuance of permits for overweight and overdimensional vehicles and loads operating over state owned roadways and structures. Travel authorization and/or permits for travel on local roadways must be obtained from local authorities. The rules of this rule chapter apply to all persons or entities operating overweight and overdimensional vehicles and loads over state maintained roads, which are not specifically exempt under Chapter 316, F.S.

(2) Intent. It is the intent of the Department to require that all reasonable steps be taken to reduce the vehicle load to legal limits of weight and dimensions. Permits for overweight and overdimensional vehicles and loads are intended for a single item load which cannot reasonably be dismantled or disassembled and which cannot reasonably be shipped by rail, water, or air.

(3) Administration. The administration of these rules is assigned to the Department’s Permit Office, located in Tallahassee, Florida, whose mailing address is:

Florida Department of Transportation

Permit Section

605 Suwannee Street, MS #62

Tallahassee, Florida 32399-0450

(4) Permitting Process. Payment for permits shall be in cash, by cashier’s check, personal or company check, money order, or credit card. Permit requests must be received at least ten business days before scheduled movement for non-routine permits. The applicant must complete all fields on Form 850-040-02, Request for Special Road Use Oversize/Overweight Permit Application rev. 6/16 incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-07283, or complete an online Application at www.fdotmaint.com/permit, and provide the following:

(a) Total gross weight of vehicle/vehicle combination to include permitted load if over legal weight. Otherwise, the applicant must state that the gross weight is legal.

(b) External bridge and individual axle spacings of vehicle/vehicle combination (center of hub to center of hub) if over legal weight.

(c) Total number of axles and total weight on each axle of vehicle/vehicle combination if over legal weight. Otherwise, the applicant must state that the axle weights are legal.

(d) Total width of vehicle and/or load at widest point.

(e) Total length of the vehicle/vehicle combination and/or load from front to rear to include front and rear overhang. If there is any overhang, separate measurements are to be provided in addition to the total length.

(f) Total height of the vehicle and/or load from the pavement to the highest point of the vehicle and/or load.

(g) Description of load to be transported.

(h) Requested route of travel containing detailed information including origin, destination, physical addresses, mile markers, or intersections. This applies to trip permit applications only.

(5) The Department is responsible for verifying the load carrying capacity of the route (bridges and similar load bearing structures). The applicant is responsible for verifying adequate vertical (height) and horizontal (length and width) clearances exist on route. No movement shall be made under any permit until the route has been surveyed to verify that the route can accommodate the vehicle and load. A survey letter must be maintained with the load during movement and produced to law enforcement and weight inspectors upon request. The survey letter must be on the hauler’s letterhead and include a signed statement verifying that the route has been surveyed, and that clearances exceed the requested permitted dimension by a minimum of 6 inches for height greater than 15 feet and 2 feet on each side for width greater than 16 feet. The surveyed route and the route shown on the permit must match. Surveying a route prior to movement of the load does not exempt the hauler from being required to obtain a permit prior to any movement. In addition, applications for permits for vehicles and loads with a height greater than 18 feet and/or width greater than 22 feet shall be supported by a survey letter from the hauler.

(6) Structural Evaluation. In addition to the information required for issuance of a permit, a schematic of the vehicle showing all longitudinal and transverse spacings, axle weights and dimensions must be provided at least ten business days before a proposed move when any axle exceeds 30,000 pounds, or when the vehicle’s gross weight is 300,000 pounds or more. Applicants, whose vehicles gross vehicle weight is less than 300,000 pounds, will be required to provide a schematic as well when an Engineer of the Office of Maintenance, Bridge Section, determines that a structural analysis is needed.

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.535, 316.550 FS. History–New 8-26-82, Formerly 14-26.06, Amended 9-15-87, 7-21-91, 6-23-96, 11-10-98, Formerly 14-26.006, Amended 2-1-10, 10-4-10, 2-5-13, 8-23-16, 3-9-17, 4-24-18.

Fla. Admin. Code R. 14-26.0042 Exemption from Permit Requirements

Certain dimensional (width, height, length) exemptions from permit are enumerated in sections 316.515 and 316.535, F.S. Exempted entities are also exempt from the requirements for qualified escorts. No permit exemptions are allowed for weight.

History

Rulemaking Authority 316.550, 334.044(2), 316.535 FS. Law Implemented 316.515(5)(a), 316.535(6) FS. History–New 9-15-87, Amended 7-21-91, 4-19-94, 6-23-96, 11-10-98, 2-1-10.

Fla. Admin. Code R. 14-26.00425 Criteria for Issuance of Permits

(1) The Department shall consider the following criteria when evaluating permit requests and prescribing conditions limiting the use of said permit:

(a) Whether the load can be reasonably dismantled or disassembled;

(b) Protection of the motoring public from traffic hazards created by the movement of overweight and overdimensional vehicles or loads on state owned highways and structures;

(d) Prevention of damage to the highway pavement, facilities, and structures;

(e) Assistance needed for transportation problems involving excess size or weight;

(f) Whether vehicle(s) meet the Department’s established axle load and axle spacing requirements based upon structural analysis of the bridge structures to be crossed;

(g) Temporary conditions such as construction;

(h) The applicant’s survey letter indicating available vertical clearance on the proposed route for all loads/vehicles over 18 feet high;

(i) The applicant’s survey letter indicating available horizontal clearance on the proposed route for all loads/vehicles over 22 feet wide;

(j) The applicant’s previous permit compliance history;

(k) Other items which affect traffic flow or safety;

(l) All details relevant to the proposed move as presented by the applicant and as requested by the Department.

(2) Override Authority.

(a) Pursuant to section 316.550, F.S., the Department may issue permits for vehicles or loads not specifically authorized by statute or rule, thereby exceeding the limitations of sections 316.515 and 316.535, F.S., and Rule Chapter 14-26, F.A.C.

(b) To obtain a permit for vehicles, loads, or travel not authorized in this rule chapter, an applicant must include, with the permit application, a letter of essentiality from a government entity or the ultimate recipient of an essential service. The letter of essentiality must include a justification for granting override authority. A letter from the hauler, distributor, or manufacturer will not be accepted. The letter must verify that the load has been reduced to the smallest size possible, cannot reasonably be shipped by any other means of transportation, and state why the move is essential in the interest of public safety, national defense or other extenuating circumstances.

(c) The applications, supporting documentation, authorizations, and permits will be documented and maintained by the Department.

(d) Emergencies. Upon a Governor’s Declaration of Emergency, in order to allow response to the emergency, and after safety considerations, the Department may temporarily relieve vehicles of certain permit restrictions by issuing an emergency permit letter.

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550, 316.565, 334.044(27) FS. History–New 9-15-87, Amended 6-23-96, 11-10-98, Formerly 14-26.0051, Amended 2-1-10, 2-5-13, 8-23-16.

Fla. Admin. Code R. 14-26.0043 Multi-State Travel

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550, 320.0104(2) FS. History–New 11-22-94, Amended 2-1-10, Repealed 8-23-16.

Fla. Admin. Code R. 14-26.00435 Everglades Agricultural Area Tandems

Everglades Agricultural Area tandems comprised of any combination of truck tractor, as defined in Section 316.003(100), F.S., semitrailer, as defined in Section 316.003(75), F.S., and trailer, as defined in Section 316.003(96), F.S., coupled together so as to operate as a single unit in which the semitrailer and the trailer unit are each between 28 and 48 feet in length, being used for the primary purpose of transporting farm products, as defined in Section 823.14(3)(c), F.S., will be permitted to operate within the Everglades Agricultural Area as described in Section 373.4592(15), F.S., and identified in the Everglades Agricultural Area Map incorporated herein at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12097, subject to the provisions of this rule chapter and the following requirements:

(1) Permit.

(a) A Request for Special Road Use Oversize/Overweight Permit Application must be submitted in accordance with subsection 14-26.00411(4), F.A.C., for a Route Specific Multi-Trip Blanket Permit.

(b) Permits are not renewed. An application, which is subject to review and approval, must be submitted every 3 months for new permits.

(c) The permit must be maintained in the truck tractor at all times during tandem operation and provided to the Florida Highway Patrol or any other local law enforcement agency upon request.

(d) Only truck tractor, semi-trailer, and trailer combinations are allowed.

(2) Designated Route.

(a) Travel is limited to within the identified Everglades Agricultural Area, not to exceed a radius of 60 miles of the loading point.

(b) The applicant must specify the route that will be used and include an analysis of the route conducted by a Professional Engineer licensed in the State of Florida, which analysis must be signed and sealed.

Diagram of the route.
Vehicle configuration.
Verification that horizontal and longitudinal clearances exist.
Route Analysis must show access on public roads and streets that have not been restricted from tandem trailer truck operations in accordance with Section 316.515, F.S.
Route Analysis must include determination of safe and unimpeded operations at all route intersections (Signalized and Unsignalized).
Everglades Agricultural Area tandems must meet the Minimum Turning Path for Double-Trailer Combination (WB-109D) as defined by American Association of State Highway and Transportation Officials (AASHTO) Design Vehicle Standards and contained in AASHTO’s A Policy on Geometric Design of Highways and Streets (Green Book). AASHTO’s A Policy on Geometric Design of Highways and Streets, 7th Edition (2018), is hereby incorporated by reference and made part of this rule. A copy of the Green Book may be ordered from the AASHTO Bookstore website: https://bookstore.transportation.org. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Office of Maintenance, 605 Suwannee Street, Tallahassee, Florida 32399, (850)410-5530 and at the Florida Department of State, Administrative Code and Register Section, Room 701, the Capitol, Tallahassee, Florida 32399, (850)245-6270. Posting of the preceding material on the internet for purposes of public examination would violate federal copyright law.
Everglades Agricultural Area tandems shall not use intersection turning lanes along the route that are shown to be less than the total length of the combined transport unit.
The analysis must be signed and sealed by a Professional Engineer, certifying that the route can safely accommodate the vehicle configuration for both length (state and local network) and weight (local bridges only).

(d) For travel on local roadways, the applicant must submit a letter or other documentation from the local entity having jurisdiction over the roadway authorizing travel on the roadway.

(3) Prohibited routes.

(a) No travel, except for direct crossing over, is permitted on roadways on the National Network as found in 23 CFR Part 658. 23 CRF Part 658 is hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-12426 and made part of this rule, and is available electronically at https://www.fhwa.dot.gov/legsregs/directives/fapg/cfr0658b.htm.

(b) Routes will not include local roadways that prohibit truck traffic.

(4) Driver Requirements.

(a) All drivers of Everglades Agricultural Area tandems must comply with the regulations in accordance with Section 316.302, F.S., unless specifically excluded under provisions of the Florida Uniform Traffic Control Law, Chapter 316, F.S.

(b) All drivers of Everglades Agricultural Area tandems must have a current Commercial Driver’s License (CDL) with an endorsement for double trailers consistent with the provisions of Section 322.57, F.S.

(c) Due to the experience needed and the difficulty handling Everglades Agricultural Area tandems, the driver exemptions for farm vehicle drivers provided in Sections 316.302(2), (3), F.S., shall not apply to drivers of Everglades Agricultural Area tandems.

(d) All drivers of Everglades Agricultural Area tandems must be properly trained and certified to operate a Longer Combination Vehicle in accordance with 49 CFR Parts 380 and 391. 49 CFR Parts 380 and 391 are hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-12427, http://www.flrules.org/Gateway/reference.asp?No=Ref-12428 and made part of this rule. 49 CFR Part 380 is available electronically at https://www.govinfo.gov/content/pkg/CFR-2019-title49-vol5/xml/CFR-2019-title49-vol5-part380.xml. 49 CFR Part 391 is available electronically at https://www.govinfo.gov/content/pkg/CFR-2011-title49-vol5/xml/CFR-2011-title49-vol5-part391.xml.

(e) All drivers of Everglades Agricultural Area tandems must have a minimum of five years of experience driving truck tractor, semi-trailer, and trailer combinations.

(f) A driver of an Everglades Agricultural Area tandem must have had no suspension or revocation of driving privileges in any state or province during the past three years where such suspension arose out of operations of a commercial motor vehicle.

(5) Overall Length, Height, and Width.

(a) The overall cargo carrying length of Everglades Agricultural Area tandems measured from the front of the first trailer to the rear of the second trailer, including the interval between the two trailers, shall not exceed 106 feet.

(b) The Everglades Agricultural Area tandems shall not exceed 13 feet 6 inches in height or 8 feet 6 inches in width.

(6) Weight and Axle Requirements.

(a) All overweight rules of Section 316.535, F.S., shall apply to Everglades Agricultural Area tandems unless specifically excluded under the provisions of this rule chapter.

(b)The maximum weight on any axle shall not exceed 22,000 pounds.

(d) The maximum gross weight of the dolly and second trailer shall not exceed the lesser of:

67,000 pounds, or
The weight provisions of the State’s outer bridge formula set forth in Section 316.535(5), F.S., as measured between the center of the foremost axle of the dolly and the rearmost axle of the second trailer.

(e) Maximum gross weight shall not exceed 155,000 pounds.

(f) A minimum of five load bearing axles are required unless stated otherwise in a valid Everglades Agricultural Area tandem permit issued by the Department.

(g) The applicant must identify the total number of axles, the distance between each axle, and total weight on each axle as part of the application.

(7) Truck Tractor Requirements.

(a) A truck tractor used to haul trailers in an Everglades Agricultural Area tandem trailer configuration shall be capable of hauling the maximum gross weight authorized by the permit.

(b) A vehicle that has been placed out-of-service based upon an inspection of the vehicle pursuant to Section 316.302, F.S., will have its permit suspended or revoked, in accordance with subparagraph 14-26.014(1)(a)1., F.A.C., until the out-of-service condition is corrected.

(8) Brake Requirements.

(a) Every Everglades Agricultural Area tandem shall be equipped with full air brakes on the tractor and air brakes on the dolly and trailers. All brakes shall equal or comply with both the equipment requirements and the performance standards cited in Chapter 316, F.S.

(b) The brakes on any vehicle or combination of vehicles, used in Everglades Agricultural Area tandem operations shall be adequate to control the movement of, and to stop and hold, such vehicle, or combination of vehicles, and meet the requirements of the provisions of the Florida Uniform Traffic Control Law, Chapter 316, F.S., and Section 316.262, F.S.

(9) Converter Dolly Requirements.

(a) A converter (fifth-wheel) dolly used in Everglades Agricultural Area tandem operations may have either a single or a double axle, according to its total gross weight. In addition to the tow bar(s), the dolly vehicle must be equipped with safety chains or cables for connecting the dolly to the trailer and adequate to prevent breakaway.

(b) When the distance between the rear of the first trailer and the front of the second trailer is 10 feet or more, the dolly shall be equipped with a device, or the trailers shall be connected along the sides with suitable material to alert other motorists that the trailers are connected and are in effect one unit.

(10) Inspection by Driver.

(a) After all the component vehicles in an Everglades Agricultural Area tandem combination are completely hooked up and prior to the departure of the unit from the assembly area, the driver or a mechanic shall inspect the tandem unit to ensure that each item is in proper operating condition.

(11) Coupling Devices/Hitch Connections.

(a) Vehicles in an Everglades Agricultural Area tandem combination shall be designed, constructed, and connected as to ensure that shifting or swerving from side to side will not exceed two inches to each side of the path of the towing vehicle when it is moving in a straight line.

(b) All coupling devices/hitch connections shall be of a no-slack type which must be visible and operating. All drawbars, pickup plates, and fifth wheels must be rated to exceed the weight carried. Any kingpin must be rated to exceed the weight carried. Any kingpin must be solid and must be permanently fastened.

(12) Operations under Hazardous Conditions.

(a) Drivers of Everglades Agricultural Area tandems shall exercise extreme caution and reduce speed when hazardous conditions exist, such as fog, smoke, dust, mist, or rain.

(b) The Florida Highway Patrol, or any other local law enforcement agency, may restrict or prohibit operations during periods when traffic, weather, or other safety conditions make such operations unsafe or inadvisable.

(13) Permittee Responsibility.

(a) The permittee is responsible for any vehicle operating with an Everglades Agricultural Area tandem permit and other certifications and for complete compliance with all terms of the permit and certification, including:

Ensuring that the driver is qualified to operate the vehicle and understands the terms and conditions of the permit, certifications, and the provisions of this rule chapter;
Ensuring that the vehicle is inspected and maintained in a safe and reliable condition; including ensuring all commercial motor vehicles used in Everglades Agricultural Area tandem combinations are annually inspected in accordance with 49 CFR Part 396. 49 CFR Part 396 is hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-12429, made part of this rule, and is available electronically at https://www.govinfo.gov/content/pkg/CFR-2011-title49-vol5/xml/CFR-2011-title49-vol5-part396.xml;
Ensuring that the vehicle operates in conformity with the permit, certifications, and the provisions of this rule chapter;
Ensuring all documentation, including the permit, the analysis of the designated route, and the authorization letter from the local entity, if applicable, is maintained and available for review when requested by law enforcement; and
Ensuring that the driver has proof of training/certification, for Longer Combination Vehicles, to be presented to law enforcement if vehicle is stopped for inspection.

(14) Sunset.

The provisions of this rule chapter shall automatically expire on January 1, 2025, unless the Everglades Agricultural Area tandems permitting program is reauthorized by the Legislature in accordance with Section 316.5501(2), F.S.

History

Rulemaking Authority 316.550(6), 334.044(2) FS. Law Implemented 316.302, 316.515, 316.535, 316.550, 316.5501 FS. History‒New 12-13-20.

Fla. Admin. Code R. 14-26.0044 Interstate Movements

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550, 320.0104(2) FS. History–New 3-28-95, Repealed 2-1-10.

Fla. Admin. Code R. 14-26.005 Intent

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550 FS. History–New 8-26-82, Formerly 14-26.05, Amended 9-15-87, Repealed 6-23-96.

Fla. Admin. Code R. 14-26.0051 Criteria for Issuance of Permits

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550, 334.044(27) FS. History–New 9-15-87, Amended 6-23-96, 11-10-98, Transferred to 14-26.00425.

Fla. Admin. Code R. 14-26.006 Procedure for Issuance of Road Use Permits

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 8-26-82, Formerly 14-26.06, Amended 9-15-87, 7-21-91, 6-23-96, 11-10-98, Transferred to 14-26.00411.

Fla. Admin. Code R. 14-26.007 Liability of Permittee

Permits are granted with the specific understanding that the permittee shall be responsible and liable for any damage to state roadways and structures. The permittee shall hold blameless and harmless and shall indemnify the State of Florida, Department of Transportation and members thereof, its officers, agents and employees against any and all claims, demands, loss, injury, damage, actions and costs of actions whatsoever, which they or any of them may sustain by reason of any and all acts of omission or commission arising in any manner out of the issuance of the permit or the operation of the vehicle, load, or escort and load.

(1) In order to obtain a permit to operate a vehicle or combination of vehicles and load in excess of the legal height, length, width, or weight limitations of section 316.515 or 316.535, F.S., the permittee will be required to have one of the following:

(a) Insurance in the amount of $100,000 per person and $200,000 per accident or occurrence for property damage; or.

(b) A bond in the amount of $100,000 per person and $200,000 per accident or occurrence made payable to State of Florida.

(2) Permittees obtaining and operating a commercial motor vehicle as defined in section 207.002(2), F.S., shall be required to comply with the minimum insurance requirements of section 627.7415, F.S.

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.535, 316.550, 316.560 FS. History–New 8-26-82, Formerly 14-26.07, Amended 9-15-87, Repromulgated 4-22-92, Amended 6-23-96, 2-1-10.

Fla. Admin. Code R. 14-26.008 Schedule of Fees

The following schedule of fees shall be charged by the Department for permits for overweight and/or overdimensional vehicles operating on state owned roadways and bridges:

TABLE 1A – SCHEDULE OF FEES FOR OVERDIMENSION PERMITS

TRIP PERMIT

10 Days

MULTI-TRIP

PERMITS

12 Months

ROUTE SPECIFIC

MULTI-TRIP

PERMIT

3 Months

(1) OVERDIMENSION

(a) Straight trucks and semi-truck-tractor-trailer.

Up to 12 feet wide, or up to 13 feet 6 inches high or up to 85 feet long.

$5.00

$20.00

$5.00

Up to 14 feet wide or up to 14 feet 6 inches high or up to 95 feet long.

$15.00

$150.00

$38.00

Up to 14 feet wide or up to 18 feet high or up to 120 feet long.

$25.00

$250.00

$63.00

Over 14 feet wide or over 18 feet high or over 120 feet long.

$25.00

NOT ISSUED

$125.00

(b) Overlength semi-trailers of legal width, height, and weight, which exceed 53 feet In Length up to 57 feet 6 inches in length or overlength semi-trailer with kingpin setting greater than 41 feet.

$10.00

$30.00

NOT ISSUED

$15.00

$150.00

$38.00

*(d) Trailers or equipment towed with ball or pintle.

*Up to 10 feet wide or up to 13 feet 6 inches high or up to 80 feet long.

$5.00

$20.00

$5.00

*Up to 12 feet wide or up to 13 feet 6 inches high or up to 105 feet long.

$5.00

$330.00

$83.00

*Up to 14 feet wide or up to 14 feet 6 inches high or up to 105 feet long.

$15.00

$500.00

$125.00

Over 14 feet wide or over 14 feet 6 inches high or over 105 feet long.

$25.00

NOT ISSUED

$250.00

NOTE: All permitted dimensions (length, height, width) must be within limits shown for permit fee.

TABLE 1B – SCHEDULE OF FEES FOR OVERWEIGHT VEHICLES

TRIP PERMIT

10 Days

MULTI-TRIP PERMITS

12 Months

ROUTE SPECIFIC

MULTI-TRIP

PERMITS

3 months

(2) OVERWEIGHT

*(a) Up to 95,000 pounds.

$0.27 Per Mile

**$240.00

$60.00

*(b) Up to 112,000 pounds.

$0.32 Per Mile

**$280.00

$70.00

*(c) Up to 122,000 pounds.

$0.36 Per Mile

**$310.00

$78.00

*(d) Up to 132,000 pounds.

$0.38 Per Mile

**$330.00

$83.00

*(e) Up to 142,000 pounds.

$0.42 Per Mile

**$360.00

$90.00

*(f) Up to 152,000 pounds.

$0.45 Per Mile

**$380.00

$95.00

*(g) Up to 162,000 pounds.

$0.47 Per Mile

**$400.00

$100.00

(h) Up to 199,000 pounds.

$0.003 Per 1,000 Pounds Per Mile

$500.00

$125.00

(i) Over 199,000 pounds.

$0.003 Per 1,000 Pounds Per Mile

NOT ISSUED

$250.00

(j) Containerized Cargo Unit.

$0.27 Per Mile

$500.00

$125.00

(k) Overall Wheel Base (Inner Bridge/External Bridge).

$10.00

$35.00

NOT ISSUED

(l) Implements of husbandry, farm equipment, agricultural trailers/products and forestry equipment (Local Moves Only).

$5.00

$17.00

NOT ISSUED

(3) SPECIAL PERMIT FEES

Transmission Fee

$5.00

NOT APPLICABLE

*Dimensions greater than 12 feet wide or 13 feet 6 inches high or 85 feet long will have an additonal dimension fee with a combined fee of not to exceed $500.00.

NOTE: For weights over 80,000 pounds [paragraphs (2)(a) through (h), above], add an administrative cost of $3.33 for issuance of permit, which does not include the costs charged by wire services for their services. Permit fees shall be based on 25 mile increments rounded up to the nearest dollar. Example: A 112,000 pound load traveling 67.5 miles would cost (75 miles X $0.32) plus $3.33 = $27.33 rounded up to $28.00 in addition to the $5.00 transmission fee when applicable.

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 8-26-82, Formerly 14-26.01, Amended 12-6-83, Formerly 14-26.08, Amended 9-15-87, 7-21-91, 4-22-92, 3-1-94, 6-23-96, 11-10-98, 2-1-10, 10-4-10, 2-5-13, 8-23-16, 4-24-18.

Fla. Admin. Code R. 14-26.009 Exemptions from Fee Requirement

The following entities are exempt from the fee requirements specified in Rule 14-26.008, F.A.C., above:

(1) Governmental Entities.

(2) Special taxing districts.

(3) Seminole Tribe as defined in Chapter 285, F.S.

(4) Any person or entity moving portable public school buildings.

(5) Implement of husbandry, farm equipment, agricultural trailers and forestry equipment (oversize only) as provided in section 316.515(5), F.S.

(6) Movement of loads in response to a Governor’s Declaration of Emergency.

These vehicles must obtain an overweight and/or overdimensional permit to operate on state owned roadways.

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550, 316.565 FS. History–New 8-26-82, Formerly 14-26.09, Amended 6-23-96, 11-10-98, 2-1-10, 10-4-10, 2-5-13.

Fla. Admin. Code R. 14-26.0091 Tire Requirements

(1) Each axle must have tires of the same size and construction. Tires must be properly inflated for the load to be carried. In no event shall any tire, wheel or rim exceed the manufacturer’s maximum load-carrying limit. Tires and tire usage must be consistent with the requirements of 49 C.F.R., Section 393.75, rev. 10/08, as required by section 316.302(1), F.S.

(2) A vehicle equipped with dual tires may have the dual tires replaced by a single tire so long as the vehicle, axle, and tire load ratings are not exceeded.

(3) No tire may exceed 550 pounds per inch of tire section width (plus scale tolerance) as defined by the rating molded in the tire sidewall. For example, a designation of 445/50R22.5 designates a tire section width of 445 mm (17.5 inches).

History

Rulemaking Authority 316.302(1), 334.044(2) FS. Law Implemented 316.302(1), 316.535(6) FS. History–New 2-1-10, Amended 2-5-13.

Fla. Admin. Code R. 14-26.010 Weight Limitations

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 8-26-82, Amended 12-6-83, Formerly 14-26.10, Amended 4-22-92, 6-23-96, 11-10-98, Repealed 10-4-10.

Fla. Admin. Code R. 14-26.011 Waiver of Axle Limitations

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 8-26-82, Amended 12-6-83, Formerly 14-26.11, Amended 11-10-98, Repealed 2-1-10.

Fla. Admin. Code R. 14-26.012 Movement Conditions and Restrictions

(1) Operational use of permits. The configuration and weight(s) of a vehicle and its load traveling under permit must match the configuration and weight(s) described on the permit and any authorized amendments to that permit. For vehicles traveling under a trip permit, the vehicle or load must match either the truck tag number, trailer tag number, vehicle identification number, the bill of lading number, or the load identification number identified in the permit. An electronic version of a trip permit may be presented, if the trip permit is readily available and legible. The permitted vehicle’s size, weight, number of axles, axle spacings, and any unique characteristics must comply with the limits for that item if addressed in the permit or any amendment to that permit. Trip permits are valid only for those routes specified in the permit. Multi-trip permit vehicles are not allowed to travel on any restricted bridges or any restricted roadways identified in the permit or its attachments. No vehicle may cross any posted bridge when the vehicle exceeds the prescribed limits of the bridge.

(2) Escorts accompanying overdimensional loads as required by permit or pursuant to subsection 14-26.012(6), (7) or (8), F.A.C., are limited to:

(a) Law enforcement escorts.

(b) Escorts qualified by another state, provided that the other state has equal or more stringent standards as those required by Florida for qualified escorts and the escort has been qualified or re-qualified within the past four years.

Must be at least 18 years of age and must possess a valid driver’s license in the state or jurisdiction in which he or she is a resident.
Must have successfully completed a minimum eight hour defensive driving course as provided by a National Safety Council qualified instructor or hold a currently valid Commercial Driver’s License (Class A, B, or C). The instructor shall not be an employee of the employing escort service.
Must have successfully completed a minimum eight hour pilot/escort flagging course provided by a Department vendor.
Shall maintain in his or her possession, for prompt presentation upon request by a law enforcement person or Department representative, a copy or copies of the qualification document or documents verifying completion of the required qualification courses.
Shall be requalified every four years by successfully completing a four hour refresher course provided by a Department vendor.

(3) Escort Vehicle and Equipment Requirements for Qualified Escorts.

(a) Escort Vehicles.

Escort vehicle(s) must be a single unit vehicle with a gross vehicle weight rating of at least 2,000 pounds and less than 26,000 pounds. The vehicle must be properly licensed, registered, and operated by a qualified escort.
Identification signs or placards showing the name of the company or the owner or driver of the escort vehicle must be in a conspicuous place on both the right and left sides of the escort vehicle. The signs or placards shall be at least 8 inches × 12 inches, or contain the equivalent square inches, and shall also contain the telephone number of the owner or driver plainly legible and visible to the motoring public.
All escort vehicles must be equipped with high visibility rotating, strobe or flashing class 2 amber warning lights mounted so as to be seen by all approaching traffic at a distance of at least 500 feet.
Escort vehicles shall display either a bumper mounted or a roof mounted yellow sign (or may display both) reading “OVERSIZE LOAD” with black letters with a minimum brush stroke of 10 inches high and 1 1/2 inches wide, which must be visible from front and rear.
Two flags, either red or fluorescent orange in color, which must be at least 18 inches × 18 inches, shall be mounted at approximately a 40 to 70 degree angle on the escort vehicle’s roof rack.

(b) On Board Equipment. During escort operations, all escort vehicles shall have on board the following equipment and such equipment shall be in working order:

Operable two-way electronic communications. Qualified escorts must have a method for maintaining verbal communication with the driver of the permitted load at all times during movements.
One Class ABC fire extinguisher, minimum five pounds.
“STOP” and “GO” or “STOP” and “SLOW” paddles a minimum 18 inches in diameter with 6 inch high letters.
A high visibility, fluorescent class 2 safety vest for flagging during daytime hours or a high visibility, fluorescent class 3 safety vest when flagging at night.
One hand-held flag, either red or fluorescent orange in color, which must be at least 12 inches × 12 inches.
Two warning signs (yellow with black lettering) with a minimum brush stroke of 12 inches high and 1 1/2 inches wide. Each warning sign shall have a total dimension of not less than 7 feet long by 18 inches high. These signs shall be used in the event the permitted vehicle or load loses its sign(s).
Three 36 inch traffic cones. Traffic cones must be reflective if used at night.
For over height loads, the lead vehicle must have a height indicator, i.e., height pole, used to determine vertical clearance. This device must be manufactured of non-conductive and non-destructive material and must be positioned at a height of at least 6 inches above the height of the load being escorted.

(4) Escort Functions. Escorts are required to watch and direct traffic or the load to ensure public safety. Escorts may, when actively escorting permitted loads, perform necessary traffic control functions as defined in section 316.079(2), F.S. No escort or escort vehicle may be used to perform any other function that could distract from the escort responsibilities. The total number of escorts required will be determined based upon safety considerations. If one escort is required for an over width load, the escort shall precede the load on two lane highways or follow the load on four lane divided highways. If two escorts are required, one must precede the load and one must follow. If the load is over length only, the escort vehicle shall be in the rear of the load at all times. Escorts shall operate no more than 300 feet in front of or behind the load unless road conditions or permit stipulations dictate otherwise. Escorts equipped with a vertical height indicator must precede the load at a distance which allows the permitted vehicle to take evasive action when approaching overhead obstructions. Escort vehicles in the process of escorting a permitted vehicle or load must proceed through weigh stations and must not bypass such stations. The Permittee is responsible for providing the escort with a copy of the permit prior to the move.

(5) Safety Requirements and Restrictions for Permitted Load and Vehicle.

(a) Flags. Flags shall be clean, have high visibility, and be at least 18 inches × 18 inches. They shall be displayed so as to wave freely on all four corners of the vehicle and at the extreme ends of all protrusions, projections, or overhangs.

(b) Warning Lights.

Required Display. Vehicles or loads exceeding 10 feet in width, 80 feet in length (or over 3 feet of front overhang for self-propelled equipment), or 14 feet 6 inches in height shall have warning lights which shall:

Be class 2 high visibility rotating, strobe or flashing amber warning lights; and,
Be mounted so as to be seen by all approaching traffic at a distance of at least 500 feet.

Required Display. Vehicles or loads exceeding 10 feet in width, 80 feet in length, or 14 feet 6 inches in height.
Each warning sign shall:

a. Consist of black letters 12 inches high with a brush stroke of not less than 1 1/2 inches wide on a yellow background.

b. State “OVERSIZE LOAD.”

c. Have a total dimension of not less than 7 feet long by 18 inches high.

d. Be either bumper mounted or roof mounted. If one of the signs is roof mounted then, the other sign must be at the rear of the towed unit or at the rear of the load. Voids (holes) may be cut in warning signs as signs must not cover any vehicle light or reflector.

(d) Movement During Periods of Poor Visibility. No travel is allowed when horizontal visibility is less than 1,000 feet. Vehicles which are underway when inclement weather occurs must exit the road at the first available location and park until the weather clears or until road conditions improve.

(e) Movements on Weekends and Holidays. Unless otherwise noted on the permit, movements are prohibited on weekends and holidays. A government entity, meeting the criteria of Rule 14-26.00425, F.A.C., shall be allowed to travel all days, all hours with a valid permit.

(f) Nighttime movement. When the criteria of Rules 14-26.00425 and 14-26.012, F.A.C., are met, trip or multi-trip permits shall be issued providing:

Nighttime travel is recommended by the Department’s District Traffic Engineering Office(s) or determined to be a requirement of the permit by the Office of Maintenance.
Law enforcement escort(s) are used.
Warning lights shall delineate the shape and size of the load.
The sides and rear of trailers and loads shall be lighted in the manner prescribed in 49 C.F.R. sections 393.11 through 393.26, F.S., as required by section 316.302(1)(a), F.S.

(6) All vehicles, including vehicles equipped with an automatic vehicle identification system, must stop at open weigh stations. Vehicles operating under an internal (inner) bridge permit may bypass an open weigh station when a Department approved electronic credentialing device instructs the vehicle to proceed.

(7) Width Limitations.

(a) Vehicles up to 10 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted all days, during daytime hours only. Flags are required.

(b) Vehicles over 10 feet up to 12 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only, excluding holidays. Flags, warning signs, and warning lights are required. Except for local moves, this is the maximum width allowed on a straight truck.

(c) Vehicles over 12 feet up to 14 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted during daytime hours only, excluding holidays. Flags, warning signs, and warning lights are required. A minimum of one escort vehicle, with escort, is required at all times.

All manufactured buildings, manufactured homes, mobile homes, modular buildings, sheds, and swimming pools shall use a minimum of four warning lights mounted, with two on the front and two on the rear at each corner of the towed or hauled unit.
All other loads shall have a minimum of two warning lights mounted with one on the front and one on the rear of the load.
On roadway lanes less than 12 feet wide, bridges with less than 30 feet curb to curb, and in rural areas with traffic volume greater than 12,000 Average Daily Traffic (ADT) per lane or in urbanized areas (more than 50,000 population) with ADT greater than 8,000 vehicles per lane, two qualified escorts are required except on loads with a minimum of four warning lights mounted two in front and two in the rear of the towed or hauled unit.
No movement will be allowed in congested areas during peak traffic hours unless specifically authorized by permit.

(d) Vehicles over 14 feet up to 16 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip permits only shall be issued. Movement is permitted daytime hours only, excluding holidays. Flags, warning signs, and warning lights are required. Two qualified escorts are required at all times during the move, one in the front and one in the rear of the load.

All loads consisting of manufactured buildings, manufactured homes, mobile homes, modular buildings, sheds, and swimming pools shall use a minimum of four warning lights mounted with two on the front and two on the rear at each corner of the towed or hauled unit.
All other loads shall have a minimum of two warning lights mounted with one on the front and one on the rear of the load.
Two lane roadways shall not be used as a connector route whenever viable four lane routes are available. Requests for two lane roadways as connector routes may require justification from the customer and ultimate approval from the Department. No movement will be allowed in congested areas during peak traffic hours.
The maximum width for manufactured buildings is 16 feet.

(e) Vehicles over 16 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, only trip permits shall be issued. Same as criteria for “Vehicles over 14 feet up to 16 feet” except movement will be restricted to local moves. Applications for permits over 16 feet wide are subject to review by the Department’s District Traffic Engineering Office(s).

Two qualified escorts are required when travelling on a limited access facility during daytime hours only.
One law enforcement escort and one qualified escort are required when travelling on a limited access facility during nighttime hours.
Two law enforcement escorts are required at all times when travelling on state maintained roadways (excluding limited access facilities).
Items must be moved by rail, air, or water when possible.
Trip permit requests for vehicles over 22 feet wide will require an affidavit verifying that the proposed route has adequate horizontal clearance to accommodate the requested width in addition to two feet on each side.

(8) Height Limitations.

(a) Vehicles up to 14 feet 6 inches. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted all days and all hours. Except for local moves, this is the maximum height for loads hauled on straight trucks.

(b) Vehicles over 14 feet 6 inches up to 16 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted daytime hours only, excluding holidays. Flags, warning signs, and warning lights are required. A minimum of two warning lights are required; one mounted on the front and one on the rear of the load. An escort vehicle with a vertical height indicator is required to precede the load at a distance which allows the permitted vehicle to take evasive actions when approaching overhead obstructions.

(c) Vehicles over 16 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Multi-trip permits shall be limited to vehicles up to 18 feet. Trip permit requests for movement of vehicles over 18 feet high will require an affidavit verifying the proposed route has clearance to accommodate the request height plus six inches. Movement is permitted during daytime hours only, excluding holidays. Flags, warning signs, and warning lights are required. A minimum of two warning lights are required with one mounted on the front and one on the rear of the load. In addition, movement is restricted to local moves only.

One law enforcement escort in addition to one qualified escort is required. The qualified escort must precede the load with a vertical height indicator at a distance which allows the permitted vehicle to take evasive actions when approaching overhead obstructions.
Appropriate utility personnel will also be required whenever the load will encounter low barriers such as overhead structures, traffic signals, and low wires.

(9) Length Limitations.

(a) Vehicles up to 80 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted all days and all hours.

Rear overhang is limited to a maximum of 10 feet during nighttime movement unless otherwise stated on the permit.
When overhang exceeds 4 feet, a warning light is required on the top of the vehicle. At the extreme rear of the load there must be two red lamps and two red reflectors on each side of the load. Each required warning lamp shall be visible from a distance of at least 500 feet.

(b) Vehicles over 80 feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted during daytime hours only, excluding holidays. Flags, warning signs, and warning lights are required. A minimum of two warning lights are required to be mounted: one on the front and one on the rear of load.

No movement will be allowed in congested areas during peak traffic hours for vehicles over 85 feet in length unless specifically authorized by permit.
Truck tractor semi-trailers with three points of articulation are allowed up to 105 feet in length without an escort.
One qualified escort is required when the length exceeds 95 feet.
Two qualified escorts are required when the length exceeds 150 feet unless the vehicle is traveling on a limited access facility, then only one qualified escort is required.
One law enforcement escort and one qualified escort are required when the length exceeds 250 feet.
Maximum length for a manufactured homes, modular units and portable buildings is 120 feet provided the length of the towed housing does not exceed 81 feet, including all overhangs and tongue.
Maximum length of multiple sections or single units of manufactured buildings on a trailer is 80 feet.

(c) Self-Propelled Equipment Length Limitations. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. For all self-propelled equipment, the boom must be fully retracted. Nightime movement requires that the front overhang has a minimum of 80 inches clearance above the roadway. In addition, no movement is allowed on limited access facilities with units designed for off road use. In addition the following restrictions will apply:

Total length up to 80 feet.

a. Front Overhang over 3 feet up to 9 feet. Movement is permitted on all days, all hours. A warning light is required to be mounted at the extreme end of the protrusion in such a way as to be seen by all approaching traffic.

b. Front Overhang over 9 feet. Movement is permitted all days, during daytime hours only. A warning light is required to be mounted at the extreme end of the protrusion in such a way as to be seen by all approaching traffic.

Total Length over 80 feet. Movement is permitted daytime hours only, excluding holidays. Flags and warning signs are required. A warning light is required to be mounted at the extreme end of the protrusion in such a way as to be seen by all approaching traffic.

(10) Multiple Loading. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued providing:

(a) Multiple loading does not cause the dimensions of the load to exceed those limits established in section 316.515, F.S.; and,

(b) Multiple loading does not cause the gross vehicle weight to exceed those limits established in section 316.535, F.S.

Attachments (e.g. blade, rake, bucket, counterweights) that are a normal part of the equipment have been removed to reduce the size of the load for safety reasons. A maximum of two attachments may be transported if they are attachable to the equipment and necessary for operation.
The gross vehicle weight does not exceed 100,000 pounds and no more than two overlength items are being hauled.
Operating under a divisible load permit.

(11) Designated Permits.

(a) “Implements of Husbandry,” farm equipment, agricultural trailers, and forestry equipment are exempt pursuant to section 316.515, F.S., from certain size requirements. However, these vehicles are not exempt from any overweight limitations set forth in section 316.535, F.S. When the vehicle configurations exceed any of the weight limits described in section 316.535, F.S., an overweight permit must be obtained from the Department.

(b) Movement of an empty truck tractor semi-trailer up to 11 feet in width and not over 105 feet in length, traveling on or within five miles of limited access roadways, when operating with an existing valid permit will be allowed to travel during nighttime hours. Warning lights, flags, signs, and escorts will be required as permit conditions based upon the dimensions of the load when traveling empty during nighttime hours. Extra axles and stingers may be hauled on the trailer to reduce overall dimensions for safety purposes.

(c) Semi-trailers with a kingpin greater than 41 feet and a trailer length up to 57 feet 6 inches may haul a divisible load when operating in a truck tractor semi-trailer combination with a valid trip or multi-trip permit.

(d) Truck tractor semi-trailer combinations hauling automobiles or boats may obtain a trip or multi-trip permit, regardless of trailer length, when the overall length does not exceed 80 feet excluding overhang. This applies to both stinger and non-stinger steered vehicles.

(e) Straight truck and trailer combinations hauling automobiles/boat may obtain a trip or multi-trip permit when the overall length does not exceed 80 feet including overhang.

(f) Trip or multi-trip permits will be issued to truck tractor semi-trailer combinations to deviate from inner-bridge requirements when traveling on interstate highways and when the criteria of Rule 14-26.00425, F.A.C., are met. These vehicles are not allowed to exceed the external bridge or axle weight limitations described in section 316.535, F.S.

(g) A vehicle operating under a valid permit with a law enforcement escort, may enter Florida at the Alabama Line on I-10 and proceed to the eastbound Pensacola Weigh Station or exit Florida at the Alabama Line on I-10 when leaving the westbound Pensacola Weigh Station during nighttime hours.

(12) Wrecker Permits.

(a) When the combined weight of the wrecker and disabled vehicle being towed exceeds the maximum weight limits established by Section 316.535, F.S., trip or multi-trip permits shall be issued if all the criteria of Rule 14-26.00425, F.A.C., are met.

(b) Escort requirements for towing disabled permitted vehicles shall be as prescribed in the original permit or amendment thereto for the towed vehicle.

(d) In all instances where legal weight is exceeded, all available brakes on the towed vehicle will be functional and in operation at all times while being towed.

(e) An illegally loaded vehicle shall not become legal by being attached to a permitted wrecker.

(f) The combined gross vehicle weight of the wrecker and towed vehicle shall not exceed 140,000 pounds.

(g) The combined length of the wrecker and the towed vehicle shall not exceed 135 feet.

(h) The permitted vehicle combination must be operated with attached map(s) showing acceptable routes for specific axle and vehicle configurations.

History

Rulemaking Authority 316.515, 316.550, 334.044(2) FS. Law Implemented 316.228, 316.515, 316.550, 334.044(28) FS. History–New 8-26-82, Amended 12-6-83, Formerly 14-26.12, Amended 9-15-87, 5-2-90, 7-21-91, 6-23-96, 11-10-98, 2-1-10, 10-4-10, 2-5-13, 8-23-16, 3-9-17, 4-24-18.

Fla. Admin. Code R. 14-26.013 Permits to Move Buildings

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 8-26-82, Formerly 14-26.13, Amended 7-21-91, 6-23-96, Repealed 2-1-10.

Fla. Admin. Code R. 14-26.0131 Permits to Move Ocean-Going Sealed Containerized Cargo Units

History

Rulemaking Authority 20.05(5), 316.550, 334.044(2) FS. Law Implemented 120.53(1)(b), 316.535, 334.044(2), (26) FS. History–New 8-26-89, Repealed 10-6-92.

Fla. Admin. Code R. 14-26.01311 Permits to Move Sealed Containerized Loads

(1) Definitions. For the purposes of this rule:

(a) A “Sealed Containerized Load” means a freight container with or without wheels, as defined in Title 49 C.F.R., Part 59, Sec 5901(4), Rev. 2008, incorporated herein by reference, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-02204.

(b) “Destination point” means the location where the packer’s seal, law enforcement seal, or U.S. Customs’ seal is broken.

(2) General. Sealed containerized loads being moved via a truck or trucks and rail in conjunction with a maritime shipment will be considered a “nondivisible” load, eligible for an overweight or overdimensional permit, when the following conditions are met:

(a) The sealed containerized load is being moved by a vehicle qualified to do so under the provisions of this rule:

From a maritime port to the destination point, or
From a maritime port to a railroad facility for movement to the destination point, or
From the point of origin to a maritime port, or
From the point of origin to a railroad facility for movement to a maritime port; and,

(b) The sealed containerized load retains the original unbroken seal from its point of origin, a seal placed by law enforcement, or a replacement U.S. Customs’ seal throughout its transit until reaching its destination point.

(3) Required On-Board Documents.

(a) The operators of vehicles transporting sealed containerized loads by permits issued pursuant to this rule shall at all times have on board and make available for inspection a hard copy of at least one of the following documents:

A short form master bill of lading,
A copy of an electronically transmitted way bill, or
A completed U.S. Customs Service Authority to move (Form 75-12) valid for the permitted load.

(b) The document(s) in paragraph (a) shall include the following readily identifiable information:

Consignor,
Point of origin,
Consignee,
Point of destination; and,
Either the number of the packer’s cargo seal or the number of the U.S. Customs seal.

(4) No Straight Trucks. Because of the nature of the load to be carried and the potential for increased wear to the highway from vehicles so loaded, no straight truck, as defined in Section 316.003(70), F.S., shall be eligible for a permit to haul sealed containerized loads.

(5) Trip or Multi-Trip Permits. When applying for a trip or multi-trip permit to transport sealed containerized loads, the hauler must submit an application in accordance with subsection 14-26.00411(4), F.A.C., and include:

(a) Maximum gross weight of the vehicle and load;

(b) Axle spacing (center to center of each axle);

(d) The origin and destination of the highway move (for trip permits);

(e) Either the number of the packer’s cargo seal or the number of the U.S. Customs’ seal;

(f) The State highway(s) requested to be traveled (for trip permits).

(6) Overall Gross Vehicle Weight. Vehicles operating under a permit issued pursuant to this rule shall not exceed an overall gross vehicle weight of 100,000 pounds.

(7) Axle Spacings. All vehicles operating under a permit issued pursuant to this rule shall meet the minimum axle spacing requirements described in the permit.

(8) Number of Axles. All vehicles operating under a permit issued pursuant to this rule shall have a minimum of five load-bearing axles in operation at all times during movement.

(9) Outer Bridge Length. All vehicles operating under a permit issued pursuant to this rule shall have an outer bridge length of 51 feet or greater.

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.535, 316.550, 334.044(27) FS. History–New 9-14-93, Amended 6-23-96, 2-1-10, 10-4-10, 2-5-13, 3-9-17.

Fla. Admin. Code R. 14-26.014 Non-Compliance

(1) Suspension or revocation of permits.

(a) The Department will suspend or revoke a multi-trip or trip permit for a specified period of time for the following:

The permittee fails to comply with the regulations of this rule chapter or the requirements of Florida Statutes.
The permittee has submitted a false, deceptive, or fraudulent permit application.
The permittee fails to comply with the terms of the permit.
The permittee travels on other than approved routes.
The permittee fails to submit a list of specified routes over which the load can or cannot travel, when required.
The permittee fails to pay fees/penalties owed to the Department of Transporation, the Department of Highway Safety and Motor Vehicles or their agent(s).
The company has been placed out-of-service based upon a compliance review performed by Florida Highway Patrol or Federal Motor Carrier Safety Administration.
The Department determines that continued operation under an existing valid permit poses a safety issue for state owned bridges or roadways.

(2) Denial of future permits.

In addition to suspension or revocation of a multi-trip or trip permit as set forth in subsection (1) of this rule, the Department will deny issuance of future permits as follows:

(a) First Written warning

(b) Second 30 Days

(d) Fourth 12 Months

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 8-26-82, Amended 12-6-82, 3-18-84, Formerly 14-26.14, Amended 9-15-87, 4-22-92, 6-23-96, 1-17-99, 2-1-10, 8-23-16, 3-9-17.

Fla. Admin. Code R. 14-26.015 Penalties

(1) Any vehicle in violation of any permit criteria, or operating without a permit where one is required, will be required to correct all offending irregularities or obtain a new permit based on the vehicle’s actual load prior to release of the vehicle. Additionally, the following penalties for violation of permit requirements will apply:

(a) An oversize or overweight vehicle being operated without a permit will have penalties assessed in accordance with Sections 316.545 and 316.516, F.S.

(b) A vehicle operated with a valid permit which exceeds the weight criteria contained in the permit, will be assessed a penalty for every pound or portion thereof exceeding the permitted weight as provided in section 316.545, F.S.

(c) A vehicle operated with a valid permit which exceeds the dimensional criteria contained in the permit, will be assessed a penalty for every foot or portion thereof exceeding the permitted dimension, as provided in section 316.516, F.S., except that the total penalty for the vehicle shall not exceed $1,000.00, as provided in section 316.550(10)(b), F.S.

(d) A vehicle operated with a valid permit which vehicle violates an operational or safety provision contained in the permit, will be assessed a penalty of $100.00 per safety violation (lights, flags, signs, etc.) and $250.00 per absent escort, except that the total penalty for the vehicle shall not exceed $1,000.00.

(e) A vehicle operated with a valid permit which violates daytime, nighttime, or restricted hours of travel restrictions shown on the permit, which violates weekend and holiday travel restrictions shown on the permit, or which violates the restrictions against movement during periods of poor visibility, will be assessed a penalty of $1,000.00 and the vehicle will be parked at owner’s expense and responsibility until the next authorized travel period.

(f) Any vehicle operating on an oversize/overweight permit (excluding inner bridge permits) which bypasses an open weigh station will be assessed a penalty of $1,000.00.

(g) Any vehicle operating on a forged or altered permit will be assessed a penalty of $1,000.00 in addition to penalties assessed for size/weight violations.

(2) Null and Void Criteria. Any vehicle found to be operating under one or more of the following conditions shall be determined to be out of conformity with the provisions of the permit, in which case the vehicle is considered to be in non-compliance and the permit will be declared to be null and void for that vehicle for that trip. Penalties will be assessed as provided in sections 316.516 and 316.545, F.S., and the vehicle must remain until the load is brought into compliance or a valid permit is obtained.

(a) The vehicle does not have the required number of axles. Penalty to be assessed for the weight only.

(b) The vehicle has an expired permit. Penalty to be assessed for both weight and size.

(c) The vehicle is not on the route designated on the permit or on an approved route on the multi-trip permit attachments. Penalty to be assessed for both weight and size.

(d) The vehicle is a self-propelled truck crane towing a motor vehicle that exceeds the 5,000 pound limit allowed in Section 316.550, F.S. Penalty to be assessed for weight only.

(e) The vehicle is operating with a permit which has been altered or forged. Penalty to be assessed for both weight and size.

(f) The vehicle is not as represented by the facts on the permit. Penalty to be assessed for both weight and size. This violation will not be applicable if it duplicates another violation noted in a specific citation.

(g) The vehicle contains multiple loading (except as allowed per this rule). Penalty to be assessed based upon the nature of the violation (weight or size).

(h) The vehicle has an outer-bridge dimension which is less than the minimum specified on the permit. Penalty to be assessed for weight only.

(i) The vehicle is being operated under a multi-trip permit and the permit is not accompanied by the required attachments described in the permit. Penalty to be assessed based upon the nature of the violation (weight or size).

(j) The hauler does not produce a survey letter as described in subsection 14-26.00411(5), F.A.C., when requested by law enforcement or a weight inspector. Penalty to be assessed for size only.

(k) The vehicle does not have a valid restricted tag or is not registered for 80,000 pounds gross vehicle weight when transporting an oversized/overweight load. Penalty to be assessed for weight only.

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.516(4), 316.550(8), (10) FS. History–New 6-23-96, Amended 11-10-98, 2-1-10, 10-4-10, 2-5-13, 8-23-16, 3-9-17, 4-24-18.

Chapter 14-28 PUBLIC USE OF REST AREAS, WELCOME CENTERS, TRUCK COMFORT CENTERS AND WAYSIDE PARKS, AND SOLICITATION AT REST AREAS AND WELCOME CENTERS

Fla. Admin. Code R. 14-28.001 Scope

History

Rulemaking Authority 120.53(1)(a), 334.044(2) FS. Law Implemented 334.044(13), 335.02(1), 335.04(2), 335.16, 496.008 FS. History–New 9-2-82, Formerly 14-28.01, Amended 10-25-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-28.0011 Definitions

History

Rulemaking 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 11-19-07.

Fla. Admin. Code R. 14-28.0012 Forms

History

Rulemaking 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 11-19-07.

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

Rest areas, welcome centers, truck comfort stations and wayside parks are provided for the rest, relaxation, and comfort of the traveling public. 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 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 three hours, except for commercial motor vehicle operators and persons 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) All vehicles, including commercial motor vehicles, must be parked in the appropriate parking space designed to accomodate the vehicle.

(7) 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, shall not be taken into any shelters or other buildings.

(8) 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) 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) 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) Fires are prohibited, except for facilities where grills are present and provided for this purpose. A person using a grill at locations where grills are present will be responsible for completely extinguishing the grill before leaving the area.

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

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

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

History

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, 12-5-18.

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

History

Rulemaking 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 11-19-07.

Fla. Admin. Code R. 14-28.004 Solicitation

History

Rulemaking Authority 335.16(1) FS. Law Implemented 335.16(1) FS. History–New 9-2-82, Formerly 14-28.04, Repealed 10-25-89.

Fla. Admin. Code R. 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. The organization must obtain a separate solicitation permit from each Department District within the boundaries of the intended solicitation by submitting a completed Permit for Solicitation at All Department Rest Areas or Welcome Centers Within a District, Form 850-040-70, rev. 1/15, 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, to the appropriate District or Area Maintenance Office(s).

(2) At least three days and no more than sixty days prior to undertaking any solicitation, a permitted organization shall submit a Notification and 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) 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, such as the number of persons and the hours permitted, according to the available space, hours of operation, and security of the location.

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

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

(6) 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:

Knowingly solicit from on-duty state employees, on duty employees of a state contractor, or employees of authorized business on the premises.
Harass any person, including demanding, threatening, or intimidating conduct, or persist after solicitation has been declined.
Hamper or impede the conduct of any authorized business.
Request a minimum contribution or specify an amount of contribution.
Offer or sell food or drink.
Obstruct, delay, or interfere with or distract from the free movement of either pedestrians or vehicular traffic, or
Create a safety or operation problem for the Department, or a danger to the public health, safety, and welfare.

(7) 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.

History

Rulemaking Authority 334.044(2), 337.406, 496.425 FS. Law Implemented 334.044(13), (28), 335.02, 337.406, 496.425 FS. History–New 10-25-89, Amended 7-6-93, 11-19-07, 12-5-18.

Fla. Admin. Code R. 14-28.006 Notification

History

Rulemaking 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 11-19-07.

Fla. Admin. Code R. 14-28.007 Solicitation Restrictions

History

Rulemaking Authority 334.044(2) FS. Law Implemented 316.130, 335.02(1), 337.406(1), 496.425 FS. History–New 10-25-89, Amended 7-6-93, Repealed 11-19-07.

Fla. Admin. Code R. 14-28.008 Suspension or Revocation of a Solicitation Permit

History

Rulemaking 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 11-19-07.

Chapter 14-33 FLORIDA ROAD NUMBERING PLAN

Fla. Admin. Code R. 14-33.002 Florida Road Numbering Plan

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.03(2), 334.044(11), 335.01, 335.02, 335.08 FS. History–New 3-18-76, Formerly 14-33.02, Amended 8-5-96, 4-9-07, 12-14-09, Repealed 10-20-15.

Chapter 14-35 FLORIDA TRANSPORTATION CORPORATION

Fla. Admin. Code R. 14-35.0011 Florida Transportation Corporations

History

Rulemaking Authority 334.044(2), 339.419 FS. Law Implemented 339.401-.421 FS. History–New 8-5-96, Amended 1-17-99, Repealed 6-16-15.

Chapter 14-40 LANDSCAPE BEAUTIFICATION AND CONSERVATION

Fla. Admin. Code R. 14-40.001 Roadside Development

History

Rulemaking Authority 335.16(1), 339.24(4) FS. Law Implemented 335.16(1), 339.24(4) FS. History–New 5-9-70, Amended 11-20-75, Formerly 14-40.01, Repealed 9-22-92.

Fla. Admin. Code R. 14-40.0011 Purpose

History

Rulemaking Authority 334.044(2), 335.167 FS. Law Implemented 335.167 FS. History–New 9-22-92, Repealed 1-19-99.

Fla. Admin. Code R. 14-40.002 Definitions

History

Rulemaking Authority 334.044(2), 335.167 FS. Law Implemented 335.167 FS. History–New 9-22-92, Repealed 1-19-99.

Fla. Admin. Code R. 14-40.003 Landscape Projects

(1) Department Authorization Required. Written authorization by the Department pursuant to this rule is required for any person to alter, remove, or install landscaping on the Department’s right-of-way. Whenever the construction or maintenance of utilities causes the displacement of landscaping on the Department’s right-of-way, restoration will be conducted as specified in the Utility Accommodation Manual, incorporated by reference under rule 14-46.001, F.A.C. Requests to remove, cut, or trim, vegetation that screens outdoor advertising signs for which outdoor advertising sign permits have been issued pursuant to chapter 479, F.S., must be made in accordance with rule 14-10.057, F.A.C.

(2) Definitions.

(a) “Abutting Private Property Owner” means any person or non-governmental entity having lawful control of land which adjoins, or is contiguous to, Department non limited access right-of-way.

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

(c) “Landscape Project” means any planned or actual landscape or landscaping on Department right-of-way, including construction or installation, planning, beautification, and maintenance thereof, by a local government entity, non-governmental entity, or abutting private property owner.

(d) “Landscape” or “Landscaping” means any vegetation, mulches, irrigation systems, and other landscape components, such as, street furniture, specialty paving, tree gates, walls, planters, fountains, fences, and lighting (excluding public utility street and area lighting).

(e) “Local Governmental Entity” means as defined in section 11.45(1)(e), F.S.

(f) “Non Governmental Entity” means any person or organization, other than a governmental entity, who seeks approval of a landscape project.

(g) “Screen” or “Screening” means the planting or installation of any vegetation or other landscape material which will reach a height greater than the height of the bottom of the lowest sign face, as viewed from a height of 3.5 feet above the roadway surface at the edge of the travel lane closest to the outdoor advertising sign.

(h) “View Zone” means as defined in section 479.106(6), F.S.

(3) Approval Criteria.

(a) Approval is based on review of a complete set of landscape plans. The District Landscape Architect can be consulted during preparation of landscape plans. The following plan preparation guidelines must be used:

Project data must be included on sheet 1 of the plans, and must include a location map with beginning and end of project mile posts, index of plans included in the set, state road number, local government and contact information, and name and address of the person and firm who prepared the plans.
Plans must be drawn to scale, exhibiting an accurate and legibility representation of existing conditions (above and below ground), and all proposed work. Plans must show all dimensions necessary to demonstrate compliance with this rule. If there is a baseline survey or centerline of construction, station points are to be used for linear landscape projects. For interchange and non-linear projects, such as ponds, plazas and rest areas, dimensioning can be from a fixed point or station point. All dimensions must be noted in English system measurements (inches, feet, yards, miles, etc.). Plans must be plotted to scale on 11'' ˟ 17'' multipurpose paper. Scale shall be such that clarity and ligibility are preserved. Plans must contain a graphic scale and north arrow with standard orientation on each plan sheet, and reference the state road number, section number, milepost, and local street names. Plans must also include curbs, edge of pavement, edge of travel lanes, guardrails, right-of-way fence and/or right-of-way lines, sidewalks, intersections, median breaks, driveways, bike lanes, transit facilities, surveying monuments, signs, view zones of permitted outdoor advertising signs, lighting, traffic signals, other traffic control devices, drainage features, limits of clear sight, set backs and clear zone limits, existing off site features and conditions which affect or are affected by the project, easements, above and below ground utilities, and all existing vegetation. Details and text must be large enough to be legible on all plan sheets.
Electronic files will be accepted when requested by the Department.
All proposed landscaping must be identified on the plans. For all plants, give the following information in tabular form:

Common Name

Botanical Name, including variety or cultivar

Quantity

Size when installed (height, caliper, spread, container size, clear trunk, multi-trunk, or any other descriptive aspect of the desired plants)

Maximum maintained or typical mature height, spread, and trunk diameter of normal mature plant specimens measured 6 inches above the ground.

Landscape plans must include written specifications for materials and installation.
Landscape plans must include graphic installation details and demonstrate that lateral offsets and sight distances at intersections will not be adversely impacted.
The approval of landscape plans requires a work zone traffic control plan in accordance with FDOT Design Standard 600 series incorporated in the Utility Accommodation Manual by reference in Rule 14-46.001, F.A.C., and the Manual on Uniform Traffic Control Devices as incorporated by reference under Rule 14-15.010, F.A.C.
A comprehensive maintenance plan must accompany the plans. The intent of design elements, such as to screen a view, maintain a clear sight distance, or assist with water retention, must be included in a description of the project, accompanied by a written or graphic guide describing the performance requirements of the entity responsible for maintaining the project. The maintenance plan must include requirements necessary to maintain and manage sight distance, horizontal and vertical clearance, accessibility, plant health, form, height and spread, mulch thickness and cover, edges, weeds and litter, irrigation system(s), hardscape, lighting, benches, and landscape components, and any other requirements necessary for the design intent to be achieved. The maintenance plan must include a work zone traffic control plan, and define the limits of the mowing and litter control that will be performed as part of the landscape project. When the landscape project is to be maintained by the Department, a maintenance cost estimate based on anticipated maintenance activities must be an attachment to the plans.
Plans must be prepared by a person who meets the requirements of chapter 481, part II, F.S.

(b) No planting or installation of vegetation or other landscape components for landscape projects, or issuance of permits for such planting or installation, including construction and beautification projects, is allowed on Department right-of-way which screens or which, when mature, will screen an outdoor advertising sign permitted under chapter 479, F.S. This prohibition also applies to outdoor advertising signs on the state highway system, located within urban areas and not required to obtain a Department permit pursuant to section 479.07(1), F.S. This prohibition applies to all landscape, construction, and beautification projects on Department right-of-way regardless of the source of funds for the project, except for landscape projects approved by the Department prior to the date of the original state sign permit for the sign. For purposes of this rule, a landscape, construction, or beautification project is approved when it is specifically identified in the Department’s five year work program, is a permitted landscape project, is part of an executed agreement between the Department and a local government, or has been approved in writing by the Department for installation at a later date by a local government.

Screening is prohibited within an established view zone. The District Landscape Architect can verify the location of view zones within the project limits.
When a landscape project is proposed within 1,000 feet approaching legally erected and permitted outdoor advertising signs the person preparing the landscape plan will notify the sign permittee in writing at the address provided in accordance with rule subsection 14-10.011(2), F.A.C.

(c) A local governmental entity may request approval to alter, remove, or install landscaping on the Department’s right-of-way through submission of a landscape plan. When public health, safety, and welfare, operation of the transportation system, or the quality of the environment may be jeopardized, the Department will require that plans be signed and sealed by a registered landscape architect. After review by the Department, and the making of any necessary revisions by the local governmental entity, the Department will prepare a written agreement requiring the local governmental entity to properly construct and maintain the landscape project, including the entire landscape irrigation system. The landscape plan will become an exhibit to the agreement. If separate, the maintenance plan as described in subparagraph (3)(a)8. will become an additional exhibit of the agreement. When the agreement is executed, and a Notice to Proceed is issued by the Department, the local governmental entity may proceed with the project.

(d) Non-governmental entities may seek approval to alter, remove, or install landscaping on the Department’s right-of-way through submission of a landscape plan, and a resolution from the appropriate local government that commits the local government to execution of an agreement to properly construct and maintain the landscape project as described in paragraph (3)(c) above.

(e) An abutting private property owner is not required to comply with paragraph (3)(d) of this rule and may apply for a permit to alter or install landscape materials on the Department’s non-limited access right-of-way directly abutting the owner’s property between the right-of-way line and the nearest edge of pavement through submission of a Permit for Landscaping on State Road Right of Way, Form 650-050-09, Rev. 09/08, which is incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06101 and is available at: www.dot.state.fl.us/projectmanagementoffice/beauty/beauty.shtm. When public safety, operation of the transportation system, or the quality of the environment is jeopardized, the District Landscape Architect will require abutting private property owners to submit for approval a landscape plan, maintenance plan, and work zone traffic control plan.

(f) Non-governmental entities or abutting private property owners seeking approval to install landscaping on the Turnpike right-of-way shall submit a completed Form 650-050-09 to the District Landscape Architect, Florida’s Turnpike Operations Center, P.O. Box 9828, Fort Lauderdale, Florida 33310. The application must be accompanied by a landscape plan, maintenance plan, and work zone traffic control plan.

(g) Approval will only be granted when it is determined that all plans meet the requirements of this rule. No permit will be issued to an abutting private property owner to provide visibility of such property through the cutting, trimming, or removal of trees, shrubs, or herbaceous plants.

(4) Installation and Maintenance.

(a) All landscape installation or maintenance activities performed by a local governmental entity, non-governmental entity, or abutting private property owner on the Department’s right-of-way must be performed in conformity with approved landscape plans.

(b) If a landscape project is proposed for a median or grassed area which is maintained pursuant to an agreement between the Department and a local governmental entity, and the agreement obligates the local governmental entity to maintain the median or grassed area in accordance with an approved maintenance plan, the agreement will be applied to the maintenance of the landscape project. If the Department has previously agreed to provide funds for such maintenance, no increased compensation will be provided by the Department for maintenance of the landscape project.

(5) As-built plans, or a summary of changes are required for all landscape projects, and must be submitted to the District Office within 30 days of the project completion.

(6) Donation of Landscape Projects. The Department will accept donations of plants, materials, installation, and maintenance for landscape projects on the State Highway System that meet the requirements of this rule. The donated landscape projects must substantially improve the appearance or manageability of the median or roadside. An agreement must be on file with the Department before installation of plants, materials, or signs. The agreement must stipulate that the sign and the landscape project may be removed by the Department for failure to meet the requirements of this rule chapter or the agreement.

(a) Signs acknowledging donated landscape projects by an individual or entity may be erected on the right-of-way, when the donation includes installation and maintenance or solely maintenance pursuant to an executed agreement. Such signs will remain in place for a term of five years, unless otherwise specified in the agreement. Signs recognizing donated landscape projects are a feature of the landscape project, not a traffic control device. Signs within the same local governmental jurisdiction should have a unifying theme represented through the sign appearance, design, fabrication, and installation and can include the local governmental jurisdiction logo as part of the sign design. The sign face must be non-retroreflective, have no moving parts, not be illuminated, and not contain commercial logos, business slogans, tag lines, telephone numbers, web addresses, or trademarks, or give the impression of promotional advertising. Color combinations or shapes that are similar to warning and regulatory signs are prohibited. Signs cannot interfere with any official traffic control device. Signs will be placed at each end of the landscape project. Any sign acknowledging donated landscape projects not meeting the requirement of this rule will be removed by the Department.

(b) Interstate Highways: The sign acknowledging donation of landscape projects on the Interstate Highway System will be provided by the Department. The text will state “Landscape by” and the name of the contributor. The signs shall be installed and maintained by the Department.

(c) Arterial Highways: The sign acknowledging donation of landscape projects on arterial highways will be rectangular and no larger than 18 inches tall and 24 inches wide. The text shall state only “Landscape by” and the name of the contributor. The sign must be mounted on break away posts. The top of signs will be a maximum of no more than 2 feet above grade. Installation of signs is contingent upon an agreement with the appropriate local governmental entity. The approved sign panel(s) must be provided and replaced by the local governmental entity. Signs will be placed according to the approved landscape plan.

History

Rulemaking Authority 334.044(2), 337.2505, 337.405 FS. Law Implemented 334.044(26), 335.167, 337.2505, 337.405, 339.24, 479.106 FS. History–New 9-22-92, Amended 1-19-99, 4-2-02, 5-22-05, 2-8-06, 12-24-08, 12-2-15, 6-21-18.

Fla. Admin. Code R. 14-40.004 Plant Material Selection

History

Rulemaking Authority 334.044(2), 335.167 FS. Law Implemented 335.167 FS. History–New 9-22-92, Repealed 1-19-99.

Fla. Admin. Code R. 14-40.005 Specific Location Criteria

History

Rulemaking Authority 334.044(2), 335.167 FS. Law Implemented 335.167 FS. History–New 9-22-92, Repealed 1-19-99.

Fla. Admin. Code R. 14-40.006 Irrigation and Water-Conserving Landscaping

History

Rulemaking Authority 334.044(2), (24), 335.167 FS. Law Implemented 335.167 FS. History–New 9-22-92, Repealed 1-19-99.

Fla. Admin. Code R. 14-40.007 Maintenance of Landscaping Projects

History

Rulemaking Authority 334.044(2), 335.167 FS. Law Implemented 335.167 FS. History–New 9-22-92, Repealed 1-19-99.

Fla. Admin. Code R. 14-40.008 Donations of Materials and Services

History

Rulemaking Authority 334.044(2), 335.2505 FS. Law Implemented 336.0445(6), 337.2505 FS. History–New 9-22-92, Repealed 1-19-99.

Fla. Admin. Code R. 14-40.020 Beautification Grant Application and Award Process

(1) Purpose. The Department may provide grant assistance for beautification projects in accordance with section 339.2405, F.S., to a local governmental entity or a local beautification council.

(2) Definitions.

(a) “Agreement” means the contract between the Applicant and the Department setting forth the terms of the grant.

(b) “Applicant” means a local governmental entity, as defined in section 11.45(1), F.S., or a local beautification council as established in accordance with section 339.2405(9), F.S.

(d) “Grant” means funds provided by the Department to Applicants, pursuant to this rule chapter.

(e) “Grant Application” means the Beautification Grant Application, Form 650-050-10, Part I and Part II, Rev. 7/17, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-09523 and available on the Department’s website at https://fdot.gov.

(f) “Grant Coordinator” means the Department District employee responsible for the Beautification grant program.

(g) “Beautification Project” means landscapes intended to enhance the attractiveness of facilities on the State Transportation System. Landscapes are installed on state highway right-of-way and may include property owned by a local governmental entity that abuts Department right-of-way, if the property is visible to the state highway system.

(3) Grant Application.

(a) Applicants must submit a grant application to the Grant Coordinator having jurisdiction over the state transportation right-of-way on which the beautification project is proposed.

(b) The grant application deadline is October 1 for each fiscal year. When preparing a grant application, applicants should meet and work with the Grant coordinator beginning three months or more in advance of the deadline, to give adequate time for review and revisions. Any incomplete or late filed applications will not be accepted. Because addendums, corrections, and edits will not be accepted after the application deadline, applicants are strongly encouraged to submit a draft application to the Grant Coordinator by September 1.

(c) Applications are to submit applications online. Applicants must contact the Grant Coordinator at least a week before the October 1 deadline for submission to gain access to the online system.

(d) Applicants may submit an unlimited number of grant applications, for any number of project sites.

(e) The applicant’s governing body must have passed a resolution approving the grant application and authorizing the individual who signs the grant application for the applicant to execute agreements and documents associated with the grant. A copy of such fully executed resolution or resolutions must be included with the application.

(f) Applicants are encouraged to either identify themselves as supporting a Rural Economic Development Initiative (REDI) community under section 288.0656, F.S. or indicate that the project is supported with matching funds or in kind contributions from other sources.

(g) For a beautification grant application to be eligible, the application must be accompanied by a letter of authorization from the appropriate Department District verifying that the proposed landscape project will not be in conflict with the Department’s five year work program or other Department program or activity. To request a letter of authorization, contact the appropriate Department District Landscape Architect on or before August 1 and provide precise location and written conceptual description of the proposed project.

(h) The Department will evaluate grant applications based on the following attributes: aesthetic value, cost effectiveness, feasibility of installation and maintenance, compliance with state and federal regulations, litter prevention, level of local support, context appropriateness, low maintenance, level of impact, and plant palette.

(i) The Department Landscape Architect with input from the Districts, will provide the Department Secretary with a list of prioritized grant applications, with recommended funding levels, and conditions for grant awards.

History

Rulemaking Authority 339.2405 FS. Law Implemented 339.24, 339.2405 FS. History–New 1-19-99, Amended 11-22-01, 3-20-03, 8-10-03, 12-23-03, 2-8-06, 12-24-08, 12-2-15, 6-21-18.

Fla. Admin. Code R. 14-40.021 Funding, Construction, and Maintenance of Beautification Projects

History

Rulemaking Authority 334.044(2), 337.2505(1) FS. Law Implemented 335.167, 337.405, 339.2405 FS. History–New 1-19-99, Amended 11-22-01, Repealed 3-20-03.

Fla. Admin. Code R. 14-40.022 Florida Highway Beautification Council Grant Award Process

History

Rulemaking Authority 339.2405 FS. Law Implemented 339.2405 FS. History–New 3-9-99, Amended 11-22-01, 3-20-03, 8-10-03, 12-23-03, 12-24-08, Repealed 6-21-18.

Fla. Admin. Code R. 14-40.023 Funding, Construction, and Maintenance of Beautification Projects

(1) Award of Grants.

(a) The Secretary will award grants in the order they appear on the prioritized list and in accordance with available funding. Each grant will be limited to a maximum of 10% of the total Department’s beautification grants budget.

(b) Official notice of each grant award will be made by the Department by email to the applicant named in the grant application.

(c) To accept a grant, an applicant must send a letter of acceptance by email to the Grant Coordinator within 15 days from the date of receipt of the offer of the award.

(d) Funds will be released by the Department when agreements are executed, the project is constructed as per plans approved by the Department (see Part I of this rule chapter), there is written final acceptance by the Department, and receipts for grant expenses are reviewed and approved by the Department.

(e) All funding of grants is contingent upon legislative appropriations.

(2) Execution of Agreements.

(a) Agreements associated with the grant must be executed within one year from date of the letter of acceptance, and meet the requirements of paragraph 14-40.003(3)(c), F.A.C. Failure to execute the required agreements will result in the grant award being withdrawn. Future grant applications from an applicant who fails to comply with this subsection will not be accepted for a period of two fiscal years.

(b) The agreement(s) between the applicant and the Department must state:

The intended use of the grant, as described in the grant application.
The payment terms for the grant (e.g., lump sum reimbursement or progress payments for long term work).
Any actions which the Department will take in the event of noncompliance by the applicant.
The methods to be used by the Department to determine compliance with the terms of the agreement.

(c) The individual(s) who sign the agreements on behalf of the grant applicant, or the grant applicant’s designee, shall certify that the project is implemented as specified in the agreements, and shall provide a certification of completion before the final invoices are submitted for the project.

History

Rulemaking Authority 339.2405 FS. Law Implemented 339.24, 339.2405 FS. History–New 3-20-03, Amended 8-10-03, 12-24-08, 6-21-18.

Fla. Admin. Code R. 14-40.030 Application and Permit Issuance

History

Rulemaking Authority 334.044(2), 337.2505(1), 479.02(7), 479.106(8) FS. Law Implemented 334.044(26), 335.167, 337.405, 479.106 FS. History–New 1-19-99, Amended 2-7-02, 2-8-06, 12-24-08, Transferred to 14-10.057.

Chapter 14-43 REGULATION OF SIGNS, CANOPIES OVER STREETS AND SIDEWALKS

Fla. Admin. Code R. 14-43.001 Regulation of Overhanging Encroachments

(1) Definitions.

(a) “Applicant” means any person or entity, including a local governmental entity, seeking permission for an overhanging encroachment.

(b) “Banner” means a length or sheet of cloth, fabric, plastic, or other flexible material bearing a message which may be either of the following:

“Pole Banner,” which is located adjacent to the travel lanes of the roadway and is attached to a single existing permanent support.
“Street Banner,” which extends over the travel lanes of the roadway and is attached to two or more existing permanent supports.

(c) “Canopy” means a permanent or semi-permanent, on-premise roof-like projection partially extending over the right of way.

(d) “Department” means the State of Florida Department of Transportation.

(e) “Local Governmental Entity” means as provided in Section 334.03(14), F.S.

(f) “Official Marker” means a Pole Banner identifying specific areas, such as historic, banking, or entertainment districts.

(g) “Overhanging Encroachment” means a sign, canopy, banner, or official marker, as these terms are herein defined, which is placed along and over any state roads which are within municipalities, or which are of curb and gutter construction outside municipalities.

(h) “Sign” means as provided in Section 479.01(17), F.S.

(2) Overhanging encroachments are prohibited on limited access facilities, including the Interstate System. Overhanging encroachments are subject to the following conditions on non limited access facilities:

(a) No new supports may be located within state right of way.

(b) Must be allowed by the local governmental entity within whose jurisdictional boundaries the banners are to be placed.

(c) Must be adjusted or removed at the owner’s expense if the overhanging encroachment interferes with Department construction.

(d) Shall not obstruct the view of any traffic signal, traffic device, or official sign, nor in any way interfere with motorists’ ability to safely operate vehicles.

(e) Must comply with the setback or clearance requirements set forth in paragraphs (3)(a) and (2)(b) below. Overhanging encroachment must be adjusted within 36 hours of notification to meet setback or clearance requirements, and, upon failure of the owner to make such adjustment, it will be removed by the Department.

(f) May not be erected or maintained in a manner which interferes with the Department’s maintenance, operation, or other use of a transportation facility.

(g) Upon removal by the Department, the owner may reclaim it within 30 calendar days from the date of removal, upon payment of any costs incurred by the Department in removing the overhanging encroachment.

(h) Shall not contain changeable message technology.

(i) Shall be maintained in like new condition. Failure to properly maintain the encroachment shall cause the permit to be revoked after a ten (10) day notice from the Department.

(j) If the overhanging encroachment presents a safety hazard, the Department will remove it and notify the owner of the removal.

(3) Signs and canopies which meet the criteria of Section 479.16(1), F.S., may only be placed in compliance with the following conditions:

(a) Where curb and gutter construction exists, the entire structure, including attachments and supports, must clear the sidewalk vertically by at least nine feet; the outside edge of the structure must be at least two feet behind a vertical line extending upward from the face of the curb; and the entire structure must comply with the Department’s horizontal clearance requirements set forth in the Roadside Offsets standard, Index 700, of the 2010 Department Design Standards, incorporated herein by reference, and available at: www.dot.state.fl.us/officeofdesign.

(b) Within municipalities where there is not curb and gutter construction, the entire structure, including attachments and supports, may not extend more than six feet over the right of way; may not extend closer than 12 feet from the edge of the driving lane; must have a vertical clearance of at least 10 feet; and the entire structure must comply with the Department’s horizontal clearance requirements set forth in the Roadside Offsets standard of the Department’s Design Standards.

(c) The design of canopies or signs, as to bracing and attachments to buildings, shall be approved for safety features by the appropriate official of the local governmental entity within whose jurisdictional boundaries the banners are placed.

(d) No canopy or sign shall be erected away from the site of the business which it promotes.

(e) Lighting of signs and canopies shall conform to the requirements of Section 479.11(5), F.S.

(4) Banners may be placed along and over any non limited access state roads which are within municipalities, or which are of curb and gutter construction outside municipalities subject to the following conditions:

(a) There must be written authorization for the placement of banners from the local governmental entity within whose jurisdictional boundaries the banners are to be placed.

(b) Banners may be displayed for a period not to exceed 30 consecutive calendar days and may not be within 180 days of the last day of its most recent display period, except as otherwise provided herein.

(c) Placement of banners on frangible light standards or other frangible devices will require a load rating analysis, signed and sealed by a registered professional engineer, certifying that the specific light standards or devices used to support the banners will handle the additional load placed on the structures by the banner and attachments, and will not exceed the wind loading design requirements of the structure. Copies of load rating analyses previously submitted are acceptable for subsequent applications when specifications are the same.

(d) Banners shall not be placed within 500 feet of a limited access interchange.

(e) Banners are not permitted where a Department construction project is planned or ongoing during the requested display period.

(f) Street banners may be displayed for routinely recurring events, e.g., events occurring monthly or quarterly, unless otherwise provided in this rule, provided the banner is displayed for no more than three consecutive days per month, for 12 months.

(g) Street banners must be:

Placed a minimum of 1,000 feet apart on the right of way of non limited access roadways; and,
At its lowest point vertically clear the pavement by at least 18 feet.

(h) Pole banners must be:

Placed a minimum of 1,000 feet apart on the same side of the travel lane on non limited access facilities outside the corporate limits of a municipality;
At its lowest point at least 14 1/2 feet above the pavement elevation;
Attached to a light standard or other such device which is permanently located in the right of way.

(i) Pole banners may not be attached to any utility pole.

(j) Any object or device other than a banner, whether characterized as an ornament, decoration, display, or by other descriptive term, which is to be attached to a single existing permanent support must meet the requirements of this rule for pole banners.

(k) Official markers shall not be used to advertise an individual off-site business or shopping center.

(5) Official markers shall comply with all pole banner requirements except for sub-subparagraph (2)(i)8.a. Additionally, the following shall apply:

(a) Official markers must be identical and may only be displayed within the identified area, with no more than one official marker on each side of the roadway and placed a minimum of 150 feet apart.

(b) All official markers shall display the same legend or lettering identifying the area, however, individual sponsorship may be displayed beneath the legend provided the name or business logo of the sponsor is no greater than 25% of the total display.

(c) The sponsorship portion of the official marker may only contain the name and/or logo of the sponsor. No additional information may be displayed, including:

Telephone number;
Address;
Distance to a business;
Direction to a business.

(d) Official markers must be made of flexible material.

(e) Permits are issued for up to 12 months, and may be renewed at the end of the permit term.

(f) The applicant shall be responsible for all costs, including installation and removal, of the official markers.

(6) Applications for a sign or canopy must be made in writing to the appropriate District Maintenance Office and shall include:

(a) The name and address of the applicant.

(b) A drawing of the sign or canopy, drawn to scale, including any message, logo, or emblem.

(c) A sketch of the specific location of the sign or canopy, including height, location of supports, proximity to utility poles, and the identification of the state highway where the sign or canopy will be located.

(d) Sketches or specific descriptions of the method to be used to affix the sign or canopy to the support structure(s).

(e) Proof of compliance with resolutions of the local governmental entity within whose jurisdictional boundaries the banners are to be placed.

(7) The application for banners shall be on Application to Place Banners on Non Limited Access State Right of Way, DOT Form 575-070-18, Rev. 08/08, incorporated herein by reference. Copies of DOT Form 575-070-18 are available from the State Maintenance Engineer or any District Maintenance Engineer.

(8) The application for official markers shall be on Application to Place Official Markers on Non Limited Access State Right of Way, FDOT Form 575-070-21, Rev. 10/10, incorporated herein by reference. Copies of DOT Form 575-070-21 are available from the State Maintenance Engineer or any District Maintenance Engineer.

History

Rulemaking Authority 334.044(2), 337.407 FS. Law Implemented 337.406, 337.407, 479.01, 479.16 FS. History–New 3-21-64, Amended 5-9-70, 7-9-75, Formerly 14-43.01, Amended 8-3-99, 8-2-01, 5-30-05, 2-18-09, 11-6-11.

Chapter 14-46 UTILITIES INSTALLATION OR ADJUSTMENT

Fla. Admin. Code R. 14-46.001 Utilities Installation or Adjustment

(1) Purpose. This rule is established to regulate the location and manner for installation and adjustment of utility facilities on any Florida Department of Transportation (FDOT) right-of-way, in the interest of safety and the protection, utilization, and future development of such rights of way, with due consideration given to public service afforded by adequate and economical utility installations, and to provide procedures for the issuance of permits.

(2) Permits.

FDOT will issue permits for the construction, alteration, operation, relocation, removal, and maintenance of utilities upon the right of way in conformity with the FDOT Utility Accommodation Manual (UAM), 2017 edition incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-08495. Copies of the UAM are available from the FDOT Maps and Publications Office at 605 Suwannee Street, MS 12, Tallahassee, Florida 32399-0450, or the FDOT Utility website: www.fdot.gov/programmanagement/utilities/. The following documents are hereby incorporated by reference and made a part of this rule:

(a) The Utility Permit, Rev. 12/14/16, is incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-07737, and available from www.fdot.gov/programmanagement/utilities;

(b) Utility Work Schedule, Rev. 12/14/16, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-07738, and available from www.fdot.gov/programmanagement/utilities;

(c) Utility Work Estimate, Effective 12/14/16, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-07739, and available from www.fdot.gov/programmanagement/utilities;

(d) American Petroleum (API) Standard 1104 – Welding of Pipelines and Related Facilities, 20th Edition, October 2005, available at www.techstreet.com/api/products/1237425. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida.

(e) Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, Division of Plant Industry, 2015, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-06046, and available from www.fdot.gov/programmanagement/utilities.

(f) FDOT 2016 Design Standards, Indexes 546, 600, 601, 602, 603, 604, 605, 611, 612, 613, 615, 616, and 660, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-06045, and 2016 Design Standard Index 625, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-07740, and available from www.fdot.gov/programmanagement/utilities.

(g) FDOT South Florida Rail Corridor Clearance Policy, Topic No. 000-725-003-j, effective 9/20/2007, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-06031, and available from www.fdot.gov/programmanagement/utilities.

(h) American Society for Testing and Materials (ASTM) D1586-11 Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils (2011) available at astm.org/standards/D1586.htm. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida.

(i) American National Standards for Tree Care Operations – Tree, Shrub, and Other Woody Plant Management – Standard Practices (Pruning), ANSI A300 (Part 1) – 2008 Pruning, available at www.tcia.org. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida.

(j) 49 C.F.R. Part 192, Rev. 10/1/11, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-07741, and 49 CFR Part 195, Rev, 10/1/11 incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-07742, and available from www.fdot.gov/programmanagement/utilities.

History

Rulemaking Authority 334.044(2), 337.401, 337.405 FS. Law Implemented 337.401, 337.402, 337.403, 337.405 FS. History–New 5-13-70, Amended 8-10-78, 7-22-82, Formerly 14-46.01, Amended 7-5-90, 6-8-93, 10-15-96, 8-30-99, 11-10-05, 1-24-08, 1-30-11, 7-30-17.

Fla. Admin. Code R. 14-46.0011 Utilities Liaison

History

Rulemaking Authority 334.044(2) FS. Law Implemented 337.401, 337.402, 337.403, 337.404 FS. History–New 7-5-90, Amended 6-8-93, Repealed 8-30-99.

Fla. Admin. Code R. 14-46.002 Responsibility for the Cost of Railroad/Highway Crossings

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.141(3), 339.05 FS. History–New 2-3-71, Amended 5-27-72, 8-20-78, 7-22-82, Formerly 14-46.02, Repealed 5-8-03.

Fla. Admin. Code R. 14-46.003 Highway/Railroad At-Grade Intersections – Authorization for Opening and Closing

History

Rulemaking Authority 120.53(1)(a), (b), (2)(a), 334.044(2) FS. Law Implemented 335.141 FS. History–New 12-10-77, Amended 1-25-79, 7-22-82, Formerly 14-46.03, Amended 12-18-88, Repealed 5-8-03.

Fla. Admin. Code R. 14-46.004 Regulation of Train Speed

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.141(3) FS. History–New 11-3-83, Formerly 14-46.04, Amended 12-18-88, Repealed 5-20-97.

Fla. Admin. Code R. 14-46.005 Wireless Facilities

(1) Purpose. This rule is established to provide requirements for the installation, operation, maintenance, relocation, and adjustment of Small Wireless Equipment and Small Wireless Structures within the Florida Department of Transportation’s (FDOT) rights-of-way in a manner that protects the safety of the travelling public, provides for the effective and orderly management of the right-of-way, and is consistent with the FDOT’s contractual obligations under any leases entered into pursuant to Section 337.251, F.S.

(2) Application. This rule applies to all new Wireless Equipment and structures intended to support the installation of Wireless Equipment, including utility permit applications pending on the date this rule becomes effective. Existing Wireless Equipment and structures to which Wireless Equipment is attached do not require new utility permits provided that they were installed in accordance with all applicable laws, regulations, and leases in effect at the time of installation.

(3) Terms and Acronyms. All terms in this rule shall have the same meaning as those in Section 334.03, F.S. Additionally, the following terms are defined:

(a) Collocate: to attach, install, or mount Small Wireless Equipment on, under, or within an existing structure.

(b) Wireless Equipment: equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber optic cable or other cables, and equipment associated with wireless communications. The term includes Small Wireless Equipment. The term does not include any structure or pole on which the equipment is attached, physical lines for backhaul facilities, physical lines between wireless structures, or technology installed as part of or in support of electric distribution pursuant to and consistent with UAM Section 2.3.1(8).

Each enclosed antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all its exposed elements can fit within an enclosure of no more than six (6) cubic feet in volume.
All other associated wireless equipment is cumulatively no more than twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume:

a. Electric meters,

b. Concealment elements,

c. Telecommunications demarcation boxes,

d. Ground-based enclosures,

e. Grounding equipment,

f. Power transfer switches,

g. Cutoff switches,

h. Vertical cable runs for power and other services, and

i. Small Wireless Structures.

Does not extend more than 10% above or more than ten feet above the structure to which it is attached, whichever is greater.

(d) Small Wireless Structure: an existing, proposed, or new pole, cable strung between structures, or other structure that has or is intended to have Small Wireless Equipment attached to it and such structure is not taller than 50 feet above ground level.

(e) UAM: Utility Accommodation Manual, as incorporated in Rule 14-46.001, F.A.C.

(f) UAO: The Utility Agency/Owner of Small Wireless Equipment, a Small Wireless Structure, or both.

(4) Utility Permits. No Wireless Equipment or structures intended to support the installation of Wireless Equipment, other than Small Wireless Equipment and Small Wireless Structures, may be installed, replaced, or erected in the FDOT rights-of-way pursuant to utility permit. Small Wireless Equipment may be collocated on existing structures in the FDOT rights-of-way pursuant to utility permit. Utility permit applications for Small Wireless Structures must include Small Wireless Equipment. This provision shall not preclude the right of a Department lessee to install, locate, or maintain other wireless equipment in accordance with the terms of their lease with the Department.

(a) The UAO shall obtain a utility permit pursuant to the UAM prior to installing Small Wireless Equipment in FDOT’s right-of-way. The UAO shall comply with this rule and the UAM. To the extent the UAM and this rule conflict, this rule shall control; however, if the conflict is one in which this rule is silent and the UAM addresses the specific circumstance at issue, the UAM shall control.

(b) An existing structure that is already authorized to be within FDOT’s right-of-way may be used to collocate Small Wireless Equipment provided it meets the requirements of this rule and the UAM. If the existing structure is owned by a third party, the UAO must obtain the owner’s consent for attachment prior to applying for a permit.

(5) Placement Limitations. The UAO shall not install or maintain any Small Wireless Equipment pursuant to a utility permit that interferes with the function of, replaces, or is intended to replace any FDOT structure, transportation facility, or equipment, including Wireless Equipment.

(6) Signal Interference. The UAO shall comply with all applicable Federal Communication Commission regulations relating to signal interference. If, at any time, including after installation of the Small Wireless Equipment, the UAO’s Small Wireless Equipment interferes with any existing, proposed, or new FDOT Wireless Equipment, the UAO shall immediately eliminate the interference. If the UAO’s Small Wireless Equipment interferes with any previously permitted Wireless Equipment in FDOT’s rights-of-way, the UAO shall immediately eliminate the interference.

(7) Utility Permit Application Package. Application for a wireless utility permit shall be made through the online One-Stop Permitting website available at: https://osp.fdot.gov. In addition to the submittals required by the UAM, the UAO shall include the following:

(a) If the Small Wireless Equipment is collocated on a structure owned by a third-party, documentation from both the UAO and the third-party certifying that the UAO is authorized to collocate its Small Wireless Equipment on the third-party’s structure. Such documentation from the third-party may include the first and last page of an agreement between the UAO and the third-party, a statement in writing signed by an authorized representative of the third-party, or an e-mail from an authorized representative of the third-party. The documentation may address more than one structure owned by the third-party to which the UAO is authorized to collocate Small Wireless Equipment;

(b) Plan view drawings (preferably to scale) showing the location of the proposed Small Wireless Equipment and structure to which it is attached, including the power source; and

History

Rulemaking Authority 334.044(2), 337.401(1) FS. Law Implemented 337.251, 337.401, 337.402, 337.403, 339.041, 365.172(13)(f) FS. History–New 2-21-22.

Chapter 14-48 SAFETY INSPECTION OF BRIDGES

Fla. Admin. Code R. 14-48.001 Purpose

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05 FS. History–New 6-6-77, Formerly 14-48.01, Repealed 1-30-95.

Fla. Admin. Code R. 14-48.0011 Safety Inspection of Bridges

(1) Purpose. The purpose of this rule is to establish standards for safety inspection of bridges, as well as certification requirements for bridge inspectors.

(2) The Manual for Bridge Evaluation, Third Edition, with 2019 Interim Revisions, published by the American Association of State Highway and Transportation Officials (AASHTO), is hereby incorporated by reference and made a part of this rule. Copies of this manual are available from the AASHTO Bookstore website: https://bookstore.transportation.org. Additionally, a copy of this manual is available for public inspection during regular business hours at the Florida Department of Transportation, Office of Maintenance, 605 Suwannee Street, Tallahassee, Florida 32399, and at the Florida Department of State, Administrative Code and Register Section, Room 701, the Capitol, Tallahassee, Florida 32399. Posting of this manual on the Internet for purposes of public examination would violate federal copyright law.

(3) The Federal Highway Administration Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation’s Bridges, December 1995, is incorporated herein by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13081.

(4) Training Course. Bridge inspectors must complete and pass the final examination for the Safety Inspection of In-Service Bridges course provided by the National Highway Institute. Information regarding this training can be obtained by contacting the National Highway Institute at its website: https://www.nhi.fhwa.dot.gov/home.aspx.

(5) The Department will certify persons with a minimum of five years bridge construction or maintenance inspection experience working in a responsible capacity, who have completed the training course as bridge inspectors. The five years experience must include at least one year of experience conducting bridge safety inspections which meet the requirements of the National Bridge Inspection Standards, 23 C.F.R., Part 650, Subpart C, Rev. 12/09, incorporated herein by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13079. To receive bridge inspection experience, the inspections must have been done under the supervision of an onsite P.E. or CBI. Also incorporated herein by reference is the Bridge Inspector’s Reference Manual, U.S. Department of Transportation Publication No. FHWA NHI 12-049, December, 2012, which is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13084. The other four years shall include credit for any combination of the following: engineering education, structure design, bridge construction, bridge maintenance, materials testing, or additional bridge safety inspection. Credit for engineering education is as follows:

(a) An individual who holds a bachelor’s degree in engineering from an accredited college or university, which is determined to be substantially equivalent by the Accreditation Board for Engineering and Technology, and has passed the National Council of Examiners for Engineering and Surveying Fundamentals of Engineering Exam, will receive 3 years credit;

(b) An individual who holds an associate’s degree in engineering or engineering technology from an accredited college or university, or is determined to be substantially equivalent by the Accreditation Board for Engineering and Technology, will receive 1 year credit.

The Application for Bridge Inspection Certification, DOT Form 850-010-16, Rev. 06/09, is incorporated herein by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13080 and can be downloaded from the Department’s Procedural Document Library website at: https://pdl.fdot.org/.

(6) Effective January 1, 2012, and every 4 years thereafter, all individuals serving as a bridge inspection team leader must have successfully completed the Safety Inspection of In-Service Bridge course. If the course was not taken in the previous 4 years, the individual must have successfully completed at least 12 personal development hours in bridge inspection training within the previous 4 years. An individual not meeting this requirement will be ineligible to serve as a bridge inspection team leader until this requirement is met. The Office of Maintenance will maintain a list of courses that meet the continuing education requirements. This list can be found in the document “Team Leader Requirements in Florida” at: https://www.fdot.gov/maintenance/Inspection.shtm.

(7) The Department intends to repeal the provisions of this rule on May 1, 2026, 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.

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(28), 335.074 FS. History–New 1-30-05, Amended 12-14-09, 10-20-21.

Fla. Admin. Code R. 14-48.002 Definitions

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05 FS. History–New 6-6-77, Formerly 14-48.02, Repealed 1-30-95.

Fla. Admin. Code R. 14-48.003 Designation of Division

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05 FS. History–New 6-6-77, Formerly 14-48.03, Repealed 1-30-95.

Fla. Admin. Code R. 14-48.004 Application of Standards

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05 FS. History–New 6-6-77, Formerly 14-48.04, Repealed 1-30-95.

Fla. Admin. Code R. 14-48.005 Inspection Requirements

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 316.535, 339.05 FS. History–New 6-6-77, Formerly 14-48.05, Repealed 1-30-95.

Fla. Admin. Code R. 14-48.006 Qualification of Personnel

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.11 FS. History–New 6-6-77, Formerly 14-48.06, Repealed 1-30-05.

Fla. Admin. Code R. 14-48.007 Qualifications for Certification

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074 FS. History–New 6-6-77, Formerly 14-48.07, Repealed 1-30-95.

Fla. Admin. Code R. 14-48.008 Certification

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074 FS. History–New 6-6-77, Formerly 14-48.08, Repealed 1-30-05.

Fla. Admin. Code R. 14-48.009 Refusal, Revocation or Suspension of Certificate

History

Rulemaking Authority 334.044(2) FS. Law Implemented 120.569, 120.57, 335.074 FS. History–New 6-6-77, Formerly 14-48.09, Amended 1-17-99, Repealed 1-30-05.

Fla. Admin. Code R. 14-48.010 Training Courses

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05 FS. History–New 6-6-77, Formerly 14-48.10, Repealed 1-30-05.

Fla. Admin. Code R. 14-48.011 Inspection Report

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05, 120.53(1)(b) FS. History–New 6-6-77, Formerly 14-48.11, Repealed 1-30-05.

Fla. Admin. Code R. 14-48.013 Recording and Coding Guide for Maintenance Inspection of Public Bridges

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05 FS. History–New 6-6-77, Formerly 14-48.13, Repealed 1-30-05.

Fla. Admin. Code R. 14-48.014 Executive and Legislative Reports

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074 FS. History–New 6-6-77, Formerly 14-48.14, Repealed 1-30-05.

Fla. Admin. Code R. 14-48.012 Inventory

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.074, 339.05 FS. History–New 6-6-77, Formerly 14-48.12, Repealed 1-30-05.

Chapter 14-51 FLORIDA'S HIGHWAY GUIDE SIGN PROGRAM

Fla. Admin. Code R. 14-51.001 Scope

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), (2), 334.044(2) FS. Law Implemented 316.006(1), 316.0745(1), (2) FS. History–New 7-20-78, Formerly 14-51.01, Amended 4-24-91, 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.002 Purpose

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), (2), 334.044(2), 335.14 FS. Law Implemented 316.006(1), 316.0745(1), (2), (3) FS. History–New 7-20-78, Formerly 14-51.02, Amended 4-24-91, 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.003 General Requirements

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), (2), 334.044(2), 335.14 FS. Law Implemented 316.006(1), 316.0745(1), (2), (3) FS. History–New 7-20-78, Formerly 14-51.03, Amended 4-24-91, 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.0031 Limitations for Motorist Services Signs

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), 334.044(2), 335.14 FS. Law Implemented 316.006(1), 316.0745(1), (2), (3) FS. History–New 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.0032 Criteria for Motorist Services Signs

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), (2), 334.044(2), 335.14 FS. Law Implemented 316.006(1), 316.0745(1), (2) FS. History–New 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.0033 Signing for State Agency Buildings

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), (2), 334.044(2), 335.14 FS. Law Implemented 316.006(1), 316.0745(1), (2) FS. History–New 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.004 Signing for Supplemental Guide Signs and Motorist Services on Limited and Non-Limited Access Highways

History

Rulemaking Authority 316.0745(1), (2), 334.044(2) FS. Law Implemented 316.006(1), 316.0745(1), (2), (3), 335.14, 599.004 FS. History–New 7-20-78, Formerly 14-51.04, Amended 4-24-91, 4-1-92, 4-19-94, 2-20-96, 9-27-99, Transferred to 14-15.015.

Fla. Admin. Code R. 14-51.0041 Destination Signing by Local Government

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), (2), 334.044(2), 335.14 FS. Law Implemented 316.006(1), 316.0745(1), (2), 335.14 FS. History–New 4-24-91, Amended 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.005 Typical Destinations for Which Signing Shall Not Be Provided

History

Rulemaking Authority 120.53(1)(a), 316.0745(1), (2), 334.044(2), 335.14 FS. Law Implemented 316.006(1), 316.0745(1), (2), 335.14 FS. History–New 7-20-78, Formerly 14-51.05, Amended 4-24-91, 4-1-92, 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.006 Criteria for Signing for Multi-Modal Transportation Facilities

History

Rulemaking Authority 334.044(2) FS. Law Implemented 316.006(1), 316.0745, 335.09 FS. History–New 4-19-94, Repealed 2-20-96.

Fla. Admin. Code R. 14-51.010 Purpose

(1) This rule chapter provides for a system of guide signing that will perform the following functions:

(a) Inform and guide motorists to the needed signed facilities and motorist services.

(b) Improve traffic flow at interchanges or intersections near destinations that generate a large volume of traffic.

(2) This rule chapter applies the requirements for guide signs, excluding principle destination signs, general service signs, community wayfinding guide signs, and tourist-oriented directional signs as stated in the applicable sections of the Manual on Uniform Traffic Control Devices, incorporated herein by reference herein under Rule 14-15.010, F.A.C.

History

Rulemaking Authority 316.0745, 334.044(2), 479.02(4) FS. Law Implemented 316.0745, 479.02(4) FS. History–New 3-27-05, Amended 6-24-08, 11-24-11.

Fla. Admin. Code R. 14-51.011 Definitions

As used in this rule chapter, the following words and phrases shall have the following meanings:

(1) “Applicant” means the person or entity seeking authorization for a sign under this rule chapter.

(2) “Community Wayfinding Guide Sign” means a directional guide sign that is part of a coordinated and continuous system of signs directing tourists and other road users to key civic, cultural, visitor, and recreational attractions, within a city or a local urbanized area.

(3) “Community Wayfinding Guide Sign System Plan” means the system boundaries, installation location, sign panel design, engineering, sign assembly specifications, and adopted criteria submitted to the Department for approval.

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

(5) “Enhancement Marker” means a sign or portion of a sign where shape, color, or pictograph is used as a visual identifier for a community wayfinding guide sign.

(6) “FHWA” means the Federal Highway Administration.

(7) “Guide Sign” means a sign that shows route designations, destinations, directions, distances, services, points of interest, or other geographical, recreational, or cultural information.

(8) “Limited Access Facility” means as defined in Section 334.03, F.S.

(9) “Local Government” means the county or city having jurisdiction in the subject area, including the area involving the state highway system.

(10) “Manual on Uniform Traffic Control Devices (MUTCD)” means the federal publication used to establish the uniformity of traffic control devices, such as sign placement, color of sign backgrounds and letters, and sign messages incorporated in Rule 14-15.010, F.A.C.

(11) “Non-Limited Access Facility” means an arterial or collector road as defined in Section 334.03, F.S.

(12) “Official Traffic Control Devices” means as defined in Section 316.003, F.S.

(13) “Pari-mutuel Facility” means a racetrack, fronton, or other facility used by a permit holder of the Florida Department of Business and Professional Regulation for the conduct of pari-mutuel wagering as defined in Section 550.002, F.S.

(14) “Pictograph” means a pictorial representation used to identify a governmental jurisdiction, an area of jurisdiction, a governmental agency, a military base or branch of service, a governmental-approved university or college, a toll payment system, or a government-approved institution.

(15) “Place Name Sign” means a sign identifying the geographic boundary of a municipality or county, lying on or along a road on the state highway system.

(16) “Recreational Attractions” means facilities located within 15 miles of the limited access facility that provide easy access for motorists, ample all-weather parking areas, and several recreational activities such as picnicking, camping, hiking, swimming, fishing or boating. Examples include public recreational facilities, state forest recreation areas, and wildlife refuges.

(17) “Sign” means any traffic control device intended to communicate specific information to road users through a word or symbol legend. They do not include traffic control signals, pavement markings, delineators, or channelization devices.

(18) “Stand-alone Emergency Room” means a hospital facility licensed in accordance with Section 395.003, F.S., located off the hospital’s main premises, operating under the same direction, offering the same services, and complying with the same regulatory requirements as the emergency department located on the hospital’s main premises.

(19) “Supplemental Guide Sign” means a sign placed or erected to provide information regarding destinations, other than the principle destinations displayed on the exit directional sign, accessible from the interchange.

(20) “Tourist Attraction” means facilities that principally provide recreation, amusement, or leisure activities to the general public, with the majority of its visitors traveling over 100 miles to visit the facility, and with the major portion of their income from these non-resident visitors.

(21) “Tourist-Oriented Directional Signs” or “TODS” means guide sign assemblies with individual panels displaying the identity and directional information for a business, service, or activity facilities.

(22) “Trailblazers” means signs erected at strategic locations in conjunction with the signing of a destination, tourist attraction, or general service facility.

(23) “Unincorporated Area” means all lands outside of the boundaries of municipalities within a county boundary.

History

Rulemaking Authority 316.0745, 334.044(2), 479.02 FS. Law Implemented 316.003, 479.01 FS. History–New 3-27-05, Amended 5-8-06, 6-24-08, 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.012 Trailblazers

(1) Trailblazers shall be used for destinations which are five miles or more from the interchange or intersection and a motorist could drive through highly developed areas, “Y” intersections, or multiple strip developments to reach the destination.

(2) Local governments shall have all trailblazers in place on their road system prior to installing the corresponding destination sign or Tourist-Oriented Directional Sign on the state highway system.

(3) Trailblazers shall provide the distance and/or direction to the nearest or most convenient point of access.

(4) Trailblazers shall match the color scheme or symbol of its corresponding sign on the state highway system.

History

Rulemaking Authority 316.0745, 334.044(2) FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.013 Sign Evaluation Process

(1) Sign requests must originate from state agencies, city or county resolution, official representatives of schools or universities, or representatives of tourist attractions or businesses. Requests shall be made, in writing, to the District Traffic Operations Engineer for the Department District where the sign is proposed.

(2) Upon receiving a written request, the Department will determine whether:

(a) The written request concerns an eligible destination or motorist service.

(b) The trip generation meets or exceeds the minimum criteria in Table 2 for Limited Access Facilities or Table 4 for Non-Limited Access Facilities.

(d) The intersection or interchange approach can accommodate additional destination legend without exceeding the mandatory space limitations for either existing sign panels, or an additional sign structure. If a request for destination guide signing is received, but the intersection or interchange has the maximum number of destinations, then the request will be denied.

(e) The addition of the sign will benefit the safety of the motoring public.

(3) Written requests shall provide data to support the trip generation of the proposed destination. It shall also provide data to support the function of the facility (e.g., tourist attraction) to determine which set of criteria from Table 2, Criteria for Signing Destinations on Limited Access Facilities, and Table 4, Criteria for Signing Destinations on Non-Limited Access Facilities, will apply. If additional support data is needed, the Department will require an engineering study to validate the request.

(4) If the written request complies with the signing criteria for the destination, the District Traffic Operations Engineer shall review the sign location for space availability.

(5) Supplemental guide sign destinations are subject to a four-year review cycle to verify that the trip generation characteristics are consistent with Department signing criteria. The Department will not replace a signed destination with a new destination, regardless of annual trips, as long as the signed destination remains in operation.

(6) The following shall be considered when developing a guide sign system:

(a) Highest preference will be given to destinations that attract a larger number of trips from distances greater than 100 miles.

(b) The likelihood that the destination will continue to generate a high number of trips or if there are seasonal characteristics.

(d) The cooperation of local government and the tourism industry with the development of a regional signing plan.

(7) Destinations signed prior to the March 27, 2005, effective date of this rule chapter shall not be subject to the requirements of this rule chapter unless the sign is modified.

(8) Signs may be approved temporarily by the Department for research and evaluation based on studies provided by the applicant. These studies shall include, at a minimum, trip generation, origin and destination studies i.e., entrance and exit locations, specific route, U-turns, and last minute lane changes to determine the safety impact. All studies shall be signed and sealed by a professional engineer registered in Florida.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.014 General Criteria

(1) Guide signs for other than recreational, historical, or cultural facilities, shall be white on green in color. Guide signs for recreational, historical, or cultural facilities shall be white on brown in color. For existing white on green destination guide signs a combination sign consisting of white on green and white on brown shall be used with the colors separated by a common white border.

(2) Signing for a destination with a limited period of operation shall be displayed only during those periods of operation, and only if the destination meets the trips generated annually criteria referenced in Table 2 or Table 4. If occasional off-season usage exceeds 25 percent of the trips generated annually for most of the year, the signs may be displayed permanently.

(3) Traffic control signs for major short term events, e.g., golf and tennis tournaments, boat and auto shows, that will attract a significant number of non-residents, shall be evaluated based on the criteria established in Rule 14-51.013, F.A.C.

(a) Static or portable changeable message signs (PCMS) shall be erected no more than three days before, nor remain more than three days after, the signed event. Sign costs, such as design, installation, maintenance, and removal shall be paid by the applicant.

(b) Both static and PCMS signing will be installed through the Department’s permit system. PCMS devices, and approved messages displayed on them shall be devoid of advertisements. PCMS devices shall be approved by the Department for use on the state highway system.

(c) All applicable Department clear recovery zone requirements shall be met and short-term event signing cannot interfere with visibility/effectiveness of existing traffic control devices.

(4) In no case shall information relating to destinations, motorist services, and multi-modal facilities be displayed on a supplemental guide sign until trailblazer directional guide signing has been installed.

(5) When there are more qualified destinations than can be signed, the local government recommendation as to the facilities to be signed will be considered. If the local government has no preference, the destinations that create the greatest traffic demand shall be signed, subject to standards specified in the following sections.

(6) No supplemental guide signs for destinations shall be erected prior to approval by the District Traffic Operations Engineer. Applicants seeking a guide sign to be installed by permit must submit a Guide Sign Permit form, 850-040-92 effective 12/15, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-06099.

(7) Guide signs shall not be installed where such signing interferes with the function of traffic control devices, impairs visibility, or violates minimum spacing distances listed in Table 1. Priority guidelines in sign installation are contained in Section 2A.16 of the MUTCD. The descending order of priority is regulatory (white signs), warning (yellow signs), exit (principle) direction and supplemental destination (green signs), general service (blue signs), and historical, recreational, and cultural (brown signs).

Table 1 – Minimum Spacing Distances for Signs

Speed (mph)

Minimum Spacing Distance (feet)

25 or less

Distance to ensure traffic control devices are not blocked from view.

30 35

200

35 45

250

50 60

300

60 70 (Interstate)

800

(8) Any qualifying destination, such as a college or university, that incorporates a pictograph in the sign design, as allowed in the MUTCD, must fabricate, install, and maintain the sign assembly through the Department’s permit system.

(9) Guide signs will only be permitted to destinations that have an on-premises sign visible from the roadway on which the destination is located.

(10) Guide signs will only be permitted to destinations that are open for business year round, have restrooms for patron use, and paved handicapped parking facilities.

(11) All proposed signs must fulfill a need for the use of a traffic control device as specified in Section 1A.2 of the MUTCD.

PART II GUIDE SIGNS ON LIMITED ACCESS FACILITIES

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 6-24-08, 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.020 Supplemental Guide Signs

(1) General. The criteria referenced for destinations listed in Table 2 are used to determine which supplemental destinations are eligible for signage on limited access facilities.

Table 2 – Criteria for Signing Destinations on Limited Access Facilities

Type of Destination

Criteria

Guidelines

Urban Areas1

Rural Areas2

State and National Parks, and State Forest Recreational Areas

Miles from Interchange

(maximum)

Private Colleges and Universities

Number of Trips Generated Annuallyc (minimum)

550,000a

300,000a

1,200,000b

450,000b

Miles from Interchange

(maximum)

Military Bases

Number of Trips Generated Annuallyc (minimum)

5,000,000

3,000,000

Miles from Interchange (maximum)

Medical Facility (excluding those referenced in Table 3)

Miles from Interchange (maximum)

Number of Hospital Beds (minimum)

500

any

Veteran’s Administration (VA) Hospitals

Miles from Interchange (maximum)

Veteran Historical Museums and Memorials

Number of Trips Generated Annuallyd (minimum)

50,000

Miles from Interchange34

(maximum)

Arenas, Auditoriums, Amphitheaters, Civic Centers, Convention Halls, Stadiums, Sports Complexes, Major Tourist Attractions (Fairgrounds, Amusement Parks, Zoos, etc.)

Number of Trips Generated Annuallyd (minimum)

200,000

135,000

Miles from Interchange4 (maximum)

Historical, Cultural, or Recreational Attractions, Historic Districts

Number of Trips Generated Annuallyd (minimum)

100,000

Miles from Interchange34

(maximum)

Over 50,000 population.
50,000 and under population.
The distance may be increased 1/2 mile for each 10 percent over the minimum number of trips generated annually to a maximum of 2 times the maximum distance listed.

a. Annual Trips = Number of Enrolled Students (who physically attend classes on campus) x 1.5 (college or university without dormitories, each student equals 1.5 trips) x Number of semesters per year x Number of weeks per semester x 5 days per week. Figures based on AASHTO’S 2001 Selection of Supplemental Guide Signs for Traffic Generators.

b. Annual Trips = Number of Enrolled Students (who physically attend classes on campus) x 2.0 (college or university with dormitories, each student equals 2 trips) x Number of semesters per year x Number of weeks per semester x 5 days per week. Figures based on AASHTO’S 2001 Selection of Supplemental Guide Signs for Traffic Generators.

c. One employee or military personnel equals 0.9 trips. Figures based on AASHTO’S 2001 Selection of Supplemental Guide Signs for Traffic Generators.

d. Trip: a single or one-direction vehicle movement either to or away from the traffic generator. Any conversion of attendance to trip generation figures will be evaluated by the Department, based on general engineering practice.

(2) Standards.

(a) Not more than four supplemental guide sign destinations on no more than two guide sign assemblies shall be signed at any one interchange approach. No more than three lines of text shall be permitted at any one sign excluding exit numbers or exit directions. Minimum sign spacing provided in Table 1 of subsection 14-51.014(7), F.A.C., shall not be violated.

(b) Each destination shall be signed only once in each direction.

(c) Supplemental guide signs shall be located in advance of the interchange that is the most practical route to the facility. Local government recommendations on the most practical route will be considered.

(d) Countdown trailblazers shall not be erected on the mainline portion of limited access facilities.

(e) Except where specifically authorized by this rule chapter, the name of the operating agency, community group, or enterprise shall not appear in the legend of any supplemental guide sign, or attached to it.

(f) Supplemental guide signs shall not be installed in advance of freeway-to-freeway interchanges. Interchanges between freeways are major decision points; therefore, sign messages shall only contain the route shield, cardinal direction, and name of the next control city on that route.

(g) Supplemental guide signs shall be installed in advance of freeway-to-spur interchanges if the spur serves a local community.

(3) Guidelines.

(a) Cultural, historical, and recreational attractions or historical districts must provide easy access for motorists, and all-weather (surface treated) parking to be eligible for signing. These attractions or districts can be publicly or privately owned, but shall be operated on a non-profit basis and open to the general public year-round for sign eligibility. Historical attractions or historical districts must be on the National Register of Historic Places. Examples of cultural, historical, and recreational attractions include forts, battlegrounds, plantations, archeological or geological sites, art galleries, and museums.

(b) The criteria referenced in Table 2 shall be used to determine which destination to sign for on new interchanges, or to determine which destination to add to an existing supplemental guide sign with an existing destination.

(c) For the purpose of geographic identification, only state lines, county lines, and municipal limits, as well as significant natural geographic features, such as waterways, will be eligible for signing on limited access facilities. The limited access facility must traverse the corporate limits of a municipality for geographic identification guide signing limits in both directions.

(d) Mixed use developments or planned unit developments shall be eligible for signing on limited access facilities only when the development:

Is located within 5 miles of the interchange that is the most practical route to the development,
Covers 3 square miles or more,
Is open to the general public year round with non-gated access to commercial, retail, and activity/entertainment areas; and,
Has 1,000,000 or more square feet of commercial/retail space, and 500,000 or more square feet of office space.

(e) Airports shall be eligible for signing on limited access facilities when they are served regularly by scheduled airlines with interstate passenger service. An airport symbol compliant with the MUTCD shall also be used with the airport name.

(f) Deep water public cargo and passenger ports (Port Authority locations) shall be eligible for signing.

(g) Rail terminals shall be eligible for signing on limited access facilities when they are intercity rail (Amtrak, Commuters, etc.). They must provide regularly scheduled passenger service and have parking spaces available to accommodate patrons.

(h) Certified Florida Farm Wineries shall be eligible for signing pursuant to Section 599.004, F.S. The Florida Farm Winery logo panel with supplemental name panel shall be installed based on space availability. There is a $250 one-time fee per sign.

(i) Licensed Craft Distilleries shall be eligible for signing pursuant to Section 565.03, F.S., based on space availability. The Craft Distillery will be responsible for all signs and associated costs, including replacements, through the Department’s permit system in accordance with Rule 14-51.014, F.A.C.

(j) Craft Breweries meeting the requirements of Section 563.13, F.S., shall be eligible for signing based on space availability. The Craft Brewery will be responsible for all signs and associated costs, including replacements, through the Department’s permit system in accordance with Rule 14-51.014, F.A.C.

(k) Signing for “regional malls” or “outlet malls” (Malls) shall be eligible for signing only if the facility is located within 5 miles of the qualifying interchange and occupies 1,000,000 square feet or more of active retail sales area (excluding any parking, business, residential or hotel space, landscape area, or shipping, receive, warehousing, or stock areas) and is open for business. Regional or outlet malls with open-air promenades comprised of individual buildings, located together in a themed environment that meet the square feet requirement and are in a climate-controlled active retail area may be considered. To be eligible for signing as a Mall, all property included as square footage shall be managed by a single leasing agent and storefronts shall be on the same or contiguous properties. Outparcels are not included in the square footage summary. If the Mall requests a name change within six years of sign installation, the Mall shall be responsible to contract for all supplemental guide sign replacements, through the Department’s permit system, at their own expense. The applicant shall submit a traffic engineering study performed by a licensed Florida professional engineer, addressing each of the qualifying criteria which include:

Research and evaluation of the need for any Mall directional signs on the roadway(s) leading to the Mall from the interchange.
The safety and operational issues affecting both site and non-site destined traffic.
Whether existing or proposed on-site Mall signage is visible and provides advance notice to motorists traveling on the limited access facility to recognize the Mall destination and safely enter the exit ramp at the interchange.
Documentation verifying Mall square footage and leasing agent.

(l) State-funded community college main campuses, vocational/technical center campuses, and university main campus are eligible for signing. Satellite campuses are eligible, only if the curriculum allows students to obtain an Associate of Arts (AA) degree or higher at the campus site.

If the campus requests a name change within six years of sign installation, the campus shall be responsible to contract for all supplemental guide sign replacements, through the Department permit system at its own expense.
The campus shall provide an inventory of all its existing supplemental guide sign sizes and locations, including the local road system.
The Department will provide an approved standard sign design for the supplemental guide signs on the state highway system. The Department will install the supplemental guide signs on the state highway system, unless a pictograph is requested in the design. The campus shall install all supplemental guide signs with pictographs through the Department’s permit system at its own expense.

(m) Private colleges and universities, whether for-profit or non-profit, where student travel, to attend regularly scheduled classes at that campus that meet the minimum trip generation criteria in Table 2 as documented by the requesting organization are eligible for signing through the permit system where space is available. Other private universities with existing signs will be allowed to retain their signs, so long as they remain active.

(n) Schools licensed by the Department of Education’s Commission for Independent Education are not eligible for signing to any site, unless student travel to that site meets the trip generation criteria referenced in Table 2 as documented by the requesting organization.

(o) Signing for multi-modal transportation facilities is considered supplemental guide signing, except for those that qualify as a general service. Multi-modal facilities are stations that link various modes of transportation: airports (air carrier and general aviation), seaports (passenger and cargo), commuter rail terminals, freight and intercity rail terminals, intercity buses, parking lots, garages, and Park and Ride. A signing plan for multi-modal facilities must be submitted.

(p) Veteran’s Hospitals designated as the regional treatment centers for veterans are eligible for signing on limited access facilities. VA community service clinics, centers, and benefits offices are not eligible to be signed on limited access facilities.

(q) VA outpatient clinics and VA community based outpatient clinics that perform outpatient surgery or provide specialty services that are not available at other VA clinics within the county where the clinic is located, are in a stand-alone facility, provide continuous service for a minimum of 55 hours, 6 days a week, and average at least 400 visitors a day are eligible for signing on limited access facilities when located on a direct road from the limited access facility and a maximum of 10 miles from the interchange.

(r) National Veterans Cemeteries are eligible to be signed on limited access facilities when located a maximum of 10 miles from the interchange.

(s) Veteran Historical Museums and Memorials must provide easy access for motorists, and all-weather (surface treated) parking to be eligible for signing. These facilities can be publicly or privately owned, but shall be operated on a non-profit basis and open to the general public year-round for sign eligibility. Veteran Historical Museums and Memorials are eligible for signing when commemorating one of the following conflicts involving the United States Armed Forces:

World War I
World War II
The Korean War
The Vietnam War
Operation Desert Shield
Operation Desert Storm
Operation Enduring Freedom
Operation Iraqi Freedom

(t) Medical treatment facilities that have regional, statewide, or national significance, provide in-patient and out-patient services by advance appointment, perform specialized surgery or treatment of human diseases are eligible for signing on limited access facilities.

(u) If a destination qualifies for supplemental guide signing, but is participating in the logo program in the attraction category it shall not be eligible for supplemental guide signing. If a signed destination is approved for a business logo in the attraction category, then it will be removed from the supplemental guide sign.

(v) “DOWNTOWN” signs must meet the following criteria in order to be eligible for signing:

“Downtown” signs will only be considered for the largest core municipality of an urban area with a population of 50,000 or more.
The limited access facility must traverse the incorporated limits of the municipality under consideration and have multiple exits for each direction of travel.
The urban guide signing concept, as specified in Section 2E.06 of the MUTCD, shall be in effect.
A distinct central business district must exist. Strip development business centers and mixed-use urban development, or re-development areas, shall not qualify as “downtown” or be eligible for signing.
Only one such sign shall be permitted for each direction of travel. The sign shall be erected in advance of the most direct route to the downtown core.

(4) Destinations Not Eligible for Signing.

Except as provided in rule Chapter 14-85 or Rule 14-51.021, F.A.C., guide signing shall not be provided for community recognition signs, acknowlegment signs or the following destinations, shown in Table 3.

Table 3 – Destinations Not Eligible for Signing on Limited Access Facilities

Businesses

Chamber of Commerce, television/radio station, live performance or movie theaters, motels/hotels/inns, travel trailer parks, industrial parks and plants, commerce centers, shopping centers, auto malls, auctions, flea markets.

Cemeteries

Local, state, federal, sovereign nation, public, private.

Community Facilities

Libraries, churches, subdivisions, mixed use facilities, community and general aviation airports, recreational facilities or parks.

Governmental

Research/experimental campuses even when associated with a state college or university; regional political offices or boundaries, state, district, local offices even where trip generation is associated with public meetings, hearings or permit applications, Government centers, courthouses, driver license centers, jails, correctional facilities, prisons, civil defense facilities, maintenance facilities, power plants, gaming facilities not operated under Florida pari-mutuel licensing.

Schools

K through 12, seminaries, post-graduate educational facilities.

Historical

Homes/buildings/sites/landmarks publicly or privately owned, heritage trails.

Medical

All classes of hospitals, and other licensed facilities except as specified in Rules 14-51.021 and 14-51.020, F.A.C., mental health facilities, research facilities, sanitariums, rehabilitation/infirmaries/ treatment centers, non hospital Veteran’s facilities, county/fraternal/nursing homes, retirement facilities, humane facilities including animal emergency services (not qualified under General Services).

Military

Sites/detachments, armories, arsenals and recruitment centers.

Recreation/Conservation

Country clubs/golf courses/resorts, fish hatcheries, game farms, tree nurseries/arboretums, points of interest, camps (scout, church, 4-H, youth, YMCA/YWCA) nature trails, conservation or protection areas, conservation developments, watersheds, trail heads and crossings, gun and archery clubs.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 3-20-16, 6-19-17, 2-3-20.

Fla. Admin. Code R. 14-51.021 General Service Signs

(1) General Criteria.

(a) General service signing is used when the general services provided are infrequent and not within sight of the interchange.

(b) Requests for general service signing (except Logo signing) shall be directed to the District Traffic Operations Engineer.

(d) General service signs, including signing for state agency buildings, have a white legend on blue background, excluding multi-modal facilities.

(e) The name or pictograph representing the operating agency, community, group, individual, or enterprise shall not appear on the general service sign, except for state agency buildings and other facilities meeting the criteria established in this rule chapter. If a pictograph is used, it shall be installed through the Department’s permit system.

(f) Symbol signs for hospital, airport, Amtrak, Greyhound, cruise-based seaports, commuter rail, and multi-modal terminals can be used in urban or rural areas, when the criteria established in Rule 14-51.013, F.A.C., are met.

(g) In no case shall general service signing be erected that would function primarily as advertisements for businesses.

(h) In no case shall information relating to general services be displayed until trailblazer signing has been installed to direct motorists from the exit to the service.

(2) Standards.

(a) Except as otherwise specified in Chapter 14-85, F.A.C., where logo signs are utilized, general service signs shall not be used. General service signing off the Department’s right of way shall not be provided when those services are conveniently located off an interchange.

(b) Except as otherwise specified in Chapter 14-85, F.A.C., only symbol signs will be used to advise of the availability of gas, food, lodging, camping, hospital, and telephone on rural limited access facilities.

(c) When three or fewer general services are available at a given interchange, and it is unlikely that more than three general services will be provided in the near future, the symbol signs denoting these general services will be attached to the advance guide sign. At locations where the “NEXT EXIT 00 MILES” panel is attached to the advance guide sign, the symbol signs will be attached to the exit direction sign. If four or more general services are available at an interchange, or are anticipated in the near future, a supplemental roadside sign denoting the available general services and reading “NEXT RIGHT” or the interchange exit number shall be installed.

(3) Guidelines. Each general service sign has its own set of criteria that must be met in order for signing to be provided on limited access facilities.

(a) Gas.

The service station facility shall be located within 1 mile of the exit ramp terminal,
Is open for continuous service a minimum of 16 hours, 7 days a week,
Provides vehicle services including fuel and oil,
Provides public rest rooms; and,
Has a telephone available for public use.

(b) Food.

The restaurant facility is located within 1 mile of the exit ramp terminal,
Serves a complete meal and is open for continuous service a minimum of 14 hours, 7 days a week,
Provides public rest rooms,
Has a telephone available for public use; and,
Is licensed by the Florida Department of Business Regulation, Division of Hotels and Restaurants, and the local County Health Department.

The lodging facility is located within 1 mile of the exit ramp terminal,
Is equipped with 20 or more units for rent,
Has a telephone available for public use; and,
Is licensed by the Florida Department of Business Regulations, Division of Hotels and Restaurants, and the local County Health Department.

(d) Camping.

The camping facility is located within 5 miles of the exit ramp terminal,
Is equipped with a minimum of 25 rental camp sites (RV and tent not just one or the other),
Is equipped with indoor sanitary toilet and bathing facilities,
Has a telephone available for public use; and,
Is licensed by the local County Health Department.

(e) Hospital Emergency Room Service:

General service signs for hospital emergency room services will be erected in rural and urban areas in advance of an interchange to provide direction to motorists in need of immediate medical services.
Hospitals and stand-alone emergency rooms that meet the following criteria will be eligible for general service signs in advance of the interchange which provides the most practical route to the emergency room:

a. The hospital must have an onsite emergency room open 24 hours, 7 days a week.

b. Stand-alone emergency rooms must be open 24 hours, 7 days a week and must have onsite emergency medical transportation available to immediately transport patients to the hospital’s inpatient facility.

c. The hospital emergency room shall not be located more than 10 miles from the exit ramp terminal.

Where more than one hospital has an emergency room open 24 hours a day, 7 days a week, only the hospital with the most direct route will be eligible for signing or trailblazing.
In the event a hospital or stand-alone emergency room meets the criteria, but another hospital is closer by continuing along the limited access facility to another exit, the first emergency room will not be signed.

(f) Tourist Information Centers;

Tourist information centers shall be signed as a general service with the word legend “INFO”; and,
Signs for tourist information centers will be erected when the center is located on a direct route from the limited access facility and not more than 1 mile from the exit ramp; and,
Tourist information center signs will be erected when:

a. The general service signing requests are received from local government; and,

b. The destination provides continuous, professionally staffed service for a minimum of 8 hours, 7 days a week; and,

c. The destination, located within 1 mile of the interchange, is operated exclusively by a non-profit organization, or is approved by local government to operate as a tourist information center.

If the tourist information center is operated on a seasonal basis, the general service signs shall be removed during the off season.
All trailblazers on the non-limited access facility shall be installed by the local government agency through the Department’s permit system.

(g) Telephone. Symbol signs will be erected when:

The telephone is a public telephone available for use 24 hours, 7 days a week; and,
The telephone is located within the immediate interchange area, not more than 1/2 mile from the interstate or exit ramp, and the immediate interchange is located in an isolated rural area; and,
The interchange does not have gas, food, lodging, or camping (located within 1 mile of the interchange) identified.

(h) Pari-mutuels associated with jai-alai, horse tracks, or dog tracks shall display word legend JAI-A’LAI, HORSE TRACK, or DOG TRACK. The state standard symbol shall not be displayed on limited access facilities. The registered name of a qualifying pari-mutuel facility shall only be displayed with documentation that a distinction is necessary for safe navigation and travel confirmation for its patrons.

(i) Park and Ride areas shall qualify for general service on limited access facilities when they are governmentally owned and operated as part of a car pool, van pool, or other public transportation program. The facility shall have parking spaces available for patron use.

PART III GUIDE SIGNS ON NON-LIMITED ACCESS FACILITIES

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.030 Destination Guide Signs

(1) General. The criteria referenced for destinations listed in Table 4 are used to determine which destinations will be signed for on non-limited access facilities.

(2) Standards.

(a) Not more than six eligible destinations, including cities, shall be signed at any intersection approach. Exception for community wayfinding guide sign systems and TODS guide signing are found in rule Chapter 14-51, Part V and Part VI, F.A.C. These eligible destinations shall not be indicated on more than two separate signs with no more than three lines of legend on each sign.

(b) If there are four destinations to be signed at a given intersection, all four destinations should be included on one sign, unless lateral restrictions limit sign panel square footage.

(c) Destination guide signs shall be located in advance of the intersecting roadway that is the most direct or desirable route to the facility. Local government recommendations on the most desirable route will be considered because the most direct route may have roadway safety features that are less desirable than the longer route.

(3) Guidelines.

(a) Any state or national park or state forest; open to the public and offering multiple recreational activities with restrooms and paved handicapped parking, shall be eligible. Advance signs shall not be located more than 10 miles from the park entrance.

Table 4 Criteria for Signing Destinations on Non-limited Access Facilities

Type of Destination

Criteria

Guidelines

Urban Areas1

Rural Areas2

State Colleges and Universities

Nearest intersection to the state highway system.

Private Colleges and Universities

Number of Trips Generated Annuallyc (minimum)

550,000ad

300,000ad

1,200,000bd

450,000bd

Vocational/Technical Schools

Number of Trips Generated Annually (minimum)

675,000d

300,000d

Military Bases

Number of Trips Generated Annuallyc (minimum)

5,000,000c

3,000,000c

Arenas, Auditoriums, Amphitheaters, Civic Centers, Convention Halls, Stadiums, Sports Complexes, Major Tourist Attractions (Fairgrounds, Amusement Parks, Zoos, etc.)

Number of Tripsd Generated Annually (minimum)

37,500 trips plus 3,750 per mile of distance from intersection

State and National Parks, and State Forest Recreational Areas

Nearest intersection to the state highway system.

Youth Camps (YMCA, Scouts, etc.)

Signing only in rural areas, with facilities for a minimum of 50 persons on an overnight basis and in operation for at least 6 months of the year.

Medical Facilities (excluding those references in Table 5)

Minimum of 500 beds in urban and suburban areas. Nearest state highway system Exit. Bed minimum can be lowered for hospitals with access off the state highway system serving isolated, rural county populations.

Downtown

There must be a clear central core commonly considered the downtown area that is located on an intersecting road a maximum of 3 miles off the state road. This excludes requests for signing new development or re-development zones as “downtown” that were not historically the “downtown” prior to new construction or rehabilitation.

Drivers License

Nearest intersection only.

State Agency Buildings

Number of Tripsd Generated Annually (minimum)

260,000

1,500

Over 50,000 population.
50,000 and under population.

c. One employee or military personnel equals 0.9 trips. Figures based on AASHTO’S 2001 Selection of Supplemental Guide Signs for Traffic Generators.

(b) “Downtown” signs shall meet the following criteria in order to be considered for destination guide signing.

“Downtown” signs will be considered for municipalities with a population of 5,000 or more.
The non-limited access facility route shall traverse the municipal limits.
A distinct central business district must exist. Strip development, business centers, mixed-use development, or re-development shall not be considered as “downtown” or as a qualifying destination for guide signing unless it was historically identified as the “downtown.”
Only one such sign will be permitted for each direction of travel to provide the most practical route to the central business district.

(c) The criteria referenced in Table 4 shall be used to determine which destination to add to an existing destination guide sign.

(d) Recreational, historical, or cultural attractions funded by federal, state, or local governments are eligible for destination guide signing. Such attractions shall meet the following specific criteria in order to be eligible for signing:

Historical attractions shall be listed in the National Register of Historic Places and be open to the general public year round.
Cultural attractions shall be open to the general public year round.
Signs shall be limited to the nearest intersection to the state highway system.
Recreational attractions shall be operated on a non-profit basis and include multiple activities such as picnicking, camping, hiking, swimming, fishing, or boating.
All recreational, historical, or cultural attractions shall have restrooms and paved handicapped parking facilities.

(e) Signs shall be installed to identify designated, developed parking areas for state or local recreational trails only. These signs are for traffic control purposes only, and are not intended for advertisement.

(f) Rail Terminals shall be eligible for destination guide signing when the following criteria are met:

Intercity rail (Amtrak, commuters, etc.) shall provide regularly scheduled passenger service and have parking spaces for patron use.
Intra-urban rail shall provide regularly scheduled service and have parking spaces for patron use.

(g) Destination guide signing for a non-charter interstate bus service shall only include the standard general service signing for a Greyhound bus station and/or bus stop. The purpose of the standard Greyhound symbol sign is to assist motorists who are trying to locate a bus station which is inside a building, or a published, scheduled stop that is not serviced by any ticket agent at that remote stop.

(h) Seaports, deep water public cargo, or passenger ports (for Port Authority locations) are eligible for destination guide signing on non-limited access facilities.

(i) Airports are eligible for signing when the following criteria are met:

Air carrier airports are those which are served regularly by scheduled airlines. The airport symbol shall also be used with the airport name.
General aviation (open to public use) destination guide signs are allowed in each direction along the state highway system in advance of an intersecting roadway that provides direct access to the airport property. Signing shall be limited to an intersection within five miles of the airport. The facility may be named on an auxiliary panel with the general service airport sign. The directional arrow panel is mandatory. The airport general service sign should be pointed such that the tip of the airplane is pointed in the same direction of the arrow panel.

(j) Certified Florida Farm Wineries shall be eligible for destination guide signing pursuant to Section 599.004, F.S. The Florida Farm Winery logo with supplemental name panel shall be installed based on space availability for certified wineries. There is a $250 one-time fee per sign.

(k) Licensed Craft Distilleries shall be eligible for signing in accordance with Section 565.03, F.S., based on space availability. The Craft Distillery shall be responsible for all signs and associated costs, including replacements, through the Department’s permit system in accordance with Rule 14-51.014, F.A.C.

(l) Craft Breweries meeting the requirements of Section 563.13, F.S., shall be eligible for signing based on space availability. The Craft Brewery shall be responsible for all signs and associated costs, including replacements, through the Department’s permit system in accordance with Rule 14-51.014, F.A.C.

(m) Regional malls or outlet malls (1,000,000 square feet or more) shall be eligible for destination guide signing when the criteria established in Rule 14-51.013, F.A.C., is met and a traffic engineering study has been completed by a Professional Engineer registered in the State of Florida. If the Mall requests a name change within six years of sign installation, the Mall shall be responsible to contract for all new supplemental guide sign replacements, through the Department’s permit system, at their own expense.

(n) Mixed use developments or planned unit developments shall be eligible for signing on non-limited access facilities only when the development:

Is located within 5 miles of the interchange that is the most practical route to the development,
Covers 3 square miles or more,
Is open to the general public year round with non-gated access to commercial, retail, and activity/entertainment areas; and,
Has 1,000,000 or more square feet of commercial/retail space, and 500,000 or more square feet of office space.

(o) Colleges and Universities:

State-funded community college main campuses, vocational/technical center campuses, and university main campuses are eligible for signing. Satellite campuses are eligible, only if the curriculum allows students to obtain an associate of arts (AA) degree, or higher, at the campus site.

a. If the campus requests a name change within six years of sign installation, the campus shall be responsible to contract for all supplemental guide sign replacements, through the Department’s permit system at its own expense.

b. The campus shall provide an inventory of all its existing supplemental guide sign sizes and locations, including the local road system.

c. The Department will provide an approved standard sign design for the supplemental guide signs on the state highway system. The Department will install the supplemental guide signs on the state highway system, unless a pictograph is requested in the design. All supplemental guide signs with a pictograph shall be installed through the Department’s permit system at the applicant’s expense.

Private colleges and universities that meet the trip generation referenced in Table 4, as documented by the requesting organization, are eligible for signing through the Department’s permit system, if they meet the criteria outlined in Rule 14-51.013, F.A.C. Private universities with existing signs will be retained so long as they remain active. Private universities shall only be eligible for destination guide signing to distinct college campuses, when the core baccalaureate degree requirement courses are available in traditional classroom settings at that site and meet the trip generation criteria.
Schools licensed by the Department of Education’s Commission for Independent Education are not eligible for signing to any site unless they meet the trip generation criteria referenced in Table 4 as documented by the requesting organization.

(p) Signing for multi-modal transportation facilities is considered destination guide signing, except for those that qualify as a general service.

Multi-modal facilities are airports (air carrier and general aviation), seaports (passenger and cargo), rail terminals, intercity bus, parking lots, garages, and Park and Ride.
A destination guide signing plan for multi-modal facilities shall be submitted.

(q) Veterans’ Hospitals designated as the regional treatment center or State Veterans’ nursing homes are eligible for destination guide signing on non-limited access facilities.

(r) Hospitals shall only be eligible for destination guide signs or general service signing, not both.

(s) Requests for destination guide signing by local government agencies shall be approved through the Department’s permit system. The Department shall allow local governments to fabricate, install, and maintain the following destination guide signs pursuant to Department standards and direction. The following facilities are eligible for destination guide signing when they do not have direct state road access. The signs shall be erected at the intersection nearest the facility and shall not interfere with official traffic control devices:

Post Offices, including small businesses that are under contract with the United States Postal Service (USPS) are eligible for destination guide signing, when requested by local government and signed through the Department’s permit system. In order to qualify for signing they shall have a contract with the USPS and provide a confirmation letter from the USPS along with their written request for signing. The destination guide signs shall be green background with white lettering and have the appropriate directional arrow,
Libraries,
Recycling Drop-Off Centers,
Courthouses,
Publicly-owned Vocational/Technical Schools that meet criteria established in Table 4,
City and County Parks,
High Schools,
Tax Collector Offices,
Chamber of Commerce; Tourist information,
Animal Shelters,
City/Town Halls,
Landfills; Transfer Stations,
Bus and Rail Stations,
National Veterans Cemeteries,
Veterans Community Treatment Centers,
Multi-use developments/redevelopment areas, such as Town Centers, when it is demonstrated that the majority of traffic is generated by tourism,
Temporary signing for access to polling stations,
Tourist Oriented Directional Signing Systems in qualifying counties,
Place name signs for unincorporated communities,
Community Wayfinding Guide Sign Systems,
Public parking, parking lots and garages shall be eligible for destination guide signing if they are open to the public, with non-reserved parking spaces available daily, and not more than one mile from the intersection. The green and white “P” parking symbol sign shall be used without the name of the parking facility,
Destination guide signing for an intercity bus service shall consist of the standard single post local bus stop signs. Permit applications are not required, but all signs must be installed outside the clear zone and may not interfere with priority traffic control devices,
City historical areas or districts that are officially declared by either city or county resolution.

(4) Destinations Not Eligible for Signing on Non-Limited Access Facilities.

Except as provided in rule Chapter 14-85 or Rule 14-51.021, F.A.C., destination guide signing shall not be provided for community recognition signs, acknowledgment signs or the following destinations shown in Table 5.

Table 5 Destinations Not Eligible for Signing on Non-Limited Access Facilities

Businesses

Television/radio station, theaters, motels/hotels/inns, travel trailer parks, industrial parks and plants, office parks, shopping districts, shopping centers.

Cemeteries

Local, state, federal, sovereign nation, public, private.

Community Facilities

Civic groups (Kiwanis, Lions, Rotary, etc.), churches, subdivision, mixed use facilities, business districts.

Government

State, local and regional political offices or boundaries.

Military

Sites/detachments, armories, arsenals and recruitment centers.

Schools

K through 9.

Medical

Infirmaries, out-patient or residential treatment centers; county, fraternal or non-Veterans nursing homes, retirement facilities, specialized short or long term treatment or rehabilitation facilities, ambulatory surgical center, specialty hospitals or clinics.

Recreation/Conservation

Water and soil conservation district boundaries, water sheds, habitat or natural resource protection zones, recreation centers (community centers, swimming pools, baseball/softball fields, tennis courts, etc.), training centers, country clubs, golf courses, resorts, tree nurseries/arboretums (including those sponsored by government services), gun and archery clubs.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 3-20-16, 6-19-17, 2-3-20.

Fla. Admin. Code R. 14-51.031 General Services Signs

(1) General Criteria.

(a) General service signing is used when the general services provided are infrequent, and not within sight of the intersection.

(b) Requests for General Service Signing (except Logo signing) shall be directed to the District Traffic Operations Engineer.

(d) General service signs, including signing for state agency buildings, such as DRIVERS LICENSE, shall have a white legend on blue background; multi-modal and pari-mutuel general service signs are white-on-green, and recreational attractions are white-on-brown.

(e) The name of the operating agency, community, group, individual, or enterprise shall not appear on the general service sign, except for state agency buildings and facilities meeting the criteria established in this section.

(f) Symbol signs for hospital, airport, Amtrak, Greyhound, cruise-based seaports, and commuter rail are authorized by the District Traffic Operations Engineer in urban or rural areas based on criteria established in Rule 14-51.013, F.A.C.

(g) In no case shall general service signing be erected that would function primarily as advertisements for a business.

(h) General service signing shall not be displayed until trailblazers have been installed to direct motorists from the intersection to the service.

(i) Not more than one general service sign with a directional arrow for a particular service shall be displayed, in each direction, in advance of the intersection facility. General service signs shall only be located in advance of the intersecting road which is the best and most direct route to the facility.

(j) General signs on non-limited access facilities shall not be installed within competitive range of participating Logo sign program enterprises offering similar services.

(2) Standards.

(a) Police, sheriff, and highway patrol stations that are staffed and open 24 hours are eligible for general service signing. Guidance to a closed facility, even one with a “hotline” contact telephone, may increase danger or increase response time in an emergency.

(b) Hospitals and stand-alone emergency rooms that meet the following criteria are eligible for general service signing in advance of the intersection which provides the most practical route to that facility:

Hospitals must have an onsite emergency room open 24 hours, 7 days a week.
Stand-alone emergency rooms must be open 24 hours, 7 days a week and must have onsite emergency medical transportation available to transport patients to the hospital’s inpatient facility.
The hospital or stand-alone emergency room must be within five miles of the state highway system intersection providing signage (other than trailblazing from a limited access facility).
At intersections where more than one hospital meets the criteria, only the hospital with the most direct route will be eligible for signing or trailblazing.

(c) A hospital or stand-alone emergency room that does not meet the criteria listed above may be eligible for an Emergency Medical Services sign as provided in the MUTCD.

(d) Tourist information centers are eligible for general service signing when the center is located less than one mile from the state highway system. Tourist information center signs qualify for signing on the state highway system when:

The signing request and permit application is received from local government; and,
The center gives continuous service at least 8 hours, 7 days a week; and,
The center is operated exclusively by a non-profit organization and is approved and receives funding by the local government to operate as a tourist information center; and,
If the tourist information center is operated on a seasonal basis, the signs shall be removed during the off season. If the tourist information center sign is approved under the criteria referenced above, it shall be installed under the Department’s permit system by local government.

(e) Boat ramp and and camping facilities open to the general public and free of charge are eligible for general service signing in advance of intersecting roads in rural areas with direct access to the facility provided the enterance is less than one mile from the state highway system and is open year round. If the facility is associated with a local park or recreation system, it shall be signed by the sponsoring agency through the Department’s permit system.

(f) Signing will be provided to state agency buildings with auditorium facilities where public meetings are hosted or generate significant daily traffic from large numbers of the general public’s vehicular access. The sign panels will be supplied by the applicant and installed by Department Maintenance where space allows on the state highway system. The applicant shall supply replacement panels when necessary. The sign shall be installed adjacent to the building on the state highway system. If the building is located more than one mile from the state highway, then the sign shall be placed at the nearest intersection, and trailblazers to the destination will be supplied by the applicant. Signing will be provided to those state agency buildings where the need for directional information is based on emergency situations, such as emergency evacuation shelters, permits, and/or a state gas facility, is necessary. All other state agency buildings shall meet the following criteria:

The number of non-employee trips generated by the building shall meet the criteria established in Table 4.
Meeting space for a minimum of 30 people.

(g) Pari-mutuels associated with jai-alai, horse tracks, or dog tracks are eligible for general service symbol signing on non-limited access facilities. The registered name of a qualifying pari-mutuel can be included if it is trailblazing from a limited access facility supplemental guide signing that displays the name.

PART IV PLACE NAME SIGNS ON NON-LIMITED ACCESS FACILITIES

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.040 Exclusions

(1) Place name signs other than for natural geographic features and official boundaries of counties, municipalities, or unincorporated areas shall not be erected on non-limited access facilities.

(2) Place name signs for other governmental or quasi-governmental boundaries including, but not limited to, water management districts, school districts, voting districts, commissioner districts, and fire districts, shall not be erected on the state highway system.

(3) Place name signs shall not be installed for urban subdivisions.

(4) “Exiting” or “Leaving” added to a place name signs shall not be permitted.

(5) Overhead signs/structures shall not be permitted.

(6) Place name sign requests can only be originated by a resolution of the local government.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.041 Criteria for Unincorporated Areas

Place name signs for sovereign lands or an unincorporated area will be eligible for signing through the Department’s permit system upon written request of the county. Such requests must demonstrate the following:

(1) A clearly identifiable localized development in the area.

(2) The community must lie on or along the state highway system.

(3) A community, for the purpose of place name signing, must have an identifiable boundary. The boundary and area name may not be coincidental to platted or unplatted subdivisions. The community must not be associated with a specific developer, specific development theme, corporate business or investment, or entities such as a private golf course or resorts.

(4) The county must demonstrate that the unincorporated community has significant historical, cultural, or educational value.

(5) The county has installed or agreed to install place name signs on its roads traversing the area.

(6) A resolution passed by the county requesting signing.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.042 Sign Characteristics

(1) Place name signs shall have a white legend on a green rectangular background.

(2) Place name signs shall be retro-reflectorized and shall conform to the MUTCD standards and specifications for guide signs and general information signs.

(3) Place name sign information shall be limited to the name of the place, except for a pictograph representing a special award.

(4) Only one place name sign shall be permitted in each approach direction. The signs shall be located at, or in proximity to, the geographical boundary of the county, municipality, or unincorporated area.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11.

Fla. Admin. Code R. 14-51.043 Customized Place Name Signs

PART V COMMUNITY WAYFINDING GUIDE SIGNS

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 3-27-05, Amended 11-24-11, Repealed 1-12-16.

Fla. Admin. Code R. 14-51.051 Standards

(1) This rule chapter provides statewide criteria for community wayfinding guide signs to be installed on the state highway system.

(2) All regulatory, warning, and general service signs within the community wayfinding guide system plan shall conform to the MUTCD. Community wayfinding guide signs shall not be installed where adequate spacing cannot be provided between the community wayfinding guide sign and higher priority signs. Community wayfinding guide signs shall not be installed in a position where they could obscure the road users’ view of other traffic.

(3) Local governments shall develop and approve through local resolution the criteria for the destinations shown on the community wayfinding guide sign system plan. Local governments may use the criteria established in Rule 14-51.030, F.A.C. The intent is to provide guidance and navigation information to local cultural, historical, recreational, and tourist activities. No destination may be displayed for the purpose of advertising.

(4) Existing community wayfinding guide signs that were installed on the state highway system prior to this rule becoming effective on May 8, 2006, shall be allowed to remain or be replaced until a new community wayfinding guide sign system plan is approved by the local government and designed and installed in accordance with this rule chapter.

(5) Community wayfinding guide signs shall be limited to non-limited access facilities. Community wayfinding guide signs shall not be allowed within the right of way of limited access facilities, including ramps and frontage roads.

(6) Community wayfinding guide signs shall be designed, installed, and maintained in accordance with the standards referenced in subsections 14-51.014(7) and (8), F.A.C.

(7) The planning, design, installation, and maintenance of all community wayfinding guide signs and their assemblies are the responsibility of the local government, including those on the state highway system.

(8) Community wayfinding guide signs shall not be used to provide direction to primary destinations or to highway routes or streets. Destination or other guide signs shall be used for this purpose, as described in Section 2D of the MUTCD, and shall have priority over any community wayfinding guide sign.

(9) Community wayfinding guide signs shall not be mounted overhead.

(10) The local government shall submit their community wayfinding guide sign system plan to the appropriate District Traffic Operations Office to initiate the Department’s permit system.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 5-8-06, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.052 Design

(1) Red, yellow, orange, purple, or the fluorescent versions thereof, fluorescent yellow-green, or fluorescent pink shall not be used as background colors for community wayfinding guide signs, in order to minimize confusion with critical, higher-priority regulatory, warning, construction, or incident management sign color meanings readily understood by road users.

(2) Background colors, other than those stated in subsection (1), shall be allowed on community wayfinding guide signs.

(3) A minimum contrast value of legend color to background color of 70 percent is required for community wayfinding guide signs (ADA minimum contrast value).

(4) Enhancement markers may be used, at the option of the applicant, as a means of visually identifying the sign as a part of an overall system of community wayfinding guide signs. The size and shapes of identification enhancement markers shall be smaller than the community wayfinding guide signs themselves. Identification enhancement markers shall not be designed to have an appearance that could be mistaken by road users as being a traffic control device.

(5) The area of an identification enhancement marker shall not exceed 1/5 the area of the community wayfinding guide sign with which it is mounted in the same sign assembly.

(6) A pictograph designed appropriately for use on traffic control devices may be incorporated into the overall design of a community wayfinding guide sign. If a pictograph is used, its height shall not exceed two times the height of the upper-case letters of the principal legend on the sign.

(7) Except for pictographs, symbols that are not approved in the MUTCD for use on guide signs shall not be used on community wayfinding guide signs.

(8) There shall be a maximum of four destinations shown on each community wayfinding guide sign.

(9) All lettering used on community wayfinding guide signs on the state highway system shall be highway gothic fonts or other FHWA approved fonts. A lettering style other than the Standard Alphabets provided in the Standard Highway Signs and Markings book may be used on community wayfinding guide signs if an engineering study submitted by the local government and approved by the Department determines that the legibility and recognition values for the chosen lettering style meet or exceed the values for the Standard Alphabets for the same legend height and stroke width.

(10) The minimum specific ratio of letter height to legibility distance shall comply with provisions of Section 2A.14 of the MUTCD. The size lettering used for destination and directional legends on community wayfinding guide signs shall comply with the provisions of minimum letter heights as provided within Section 2D.06 of the MUTCD.

(11) The lettering for destinations on community wayfinding guide signs shall be a combination of lower-case letters with initial upper-case letters. All other word messages on community wayfinding guide signs shall be in all upper-case letters.

(12) Except for signs that are intended to be viewed only by pedestrians, bicyclists stopped out of the flow of traffic, or occupants of parked vehicles, Internet and e-mail addresses, including domain names and uniform resource locators (URL), shall not be displayed on any community wayfinding guide sign or sign assembly.

(13) The arrows location and priority order of destinations shall follow the provisions described in Section 2D.08 and Section 2D.37 of the MUTCD. The positioning of arrows relative to the destinations shown shall be in accordance with Section 2D.37 of the MUTCD.

(14) Community wayfinding guide and pedestrian wayfinding signs and their supporting structures shall be designed, constructed, and installed to meet the Department’s clear zone and safety criteria, including breakaway features. The design shall be signed and sealed by a Professional Engineer registered in the State of Florida.

(15) All messages, borders, legends, and backgrounds of community wayfinding guide signs and any enhancement markers shall be retro-reflective and in accordance with Section 994 (Retro-reflective and Non-reflective Sign Sheeting) of the Standard Specifications for Road and Bridge Construction 2010, referenced in subsection 14-51.014(8), F.A.C.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 5-8-06, Amended 11-24-11, 2-3-20.

Fla. Admin. Code R. 14-51.053 Pedestrian Wayfinding Signs

(1) Pedestrian wayfinding signs that are designed as a part of a community wayfinding guide sign system plan are intended to provide direction to pedestrians or other users of a sidewalk or other roadside area and should be located to minimize their conspicuity to vehicular traffic. If used, such signs should be located as far as practical from the street, such as at the far edge of the sidewalk. Where locating such signs farther from the roadway is not practical, the pedestrian wayfinding signs shall have their conspicuity to vehicular traffic minimized by employing one or a combination of the following methods:

(a) Locating signs away from intersections where high-priority traffic control devices are present.

(b) Facing the pedestrian message toward the sidewalk and away from the street.

(c) Cantilevering the sign over the sidewalk if the pedestrian wayfinding sign is mounted at a height consistent with vehicular traffic signs, removing the pedestrian wayfinding signs from the line of sight in a sequence of vehicular signs.

(2) To minimize their conspicuity to vehicular traffic during nighttime conditions, pedestrian wayfinding signs shall not be retro-reflective.

(3) The intent of pedestrian wayfinding signs is to provide guidance and navigation information to local cultural, historical, recreational, and tourist activities. No destination shall be displayed for the purpose of advertising.

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 11-24-11, Amended 1-12-16.

Fla. Admin. Code R. 14-51.054 Informational Guide Signs

(1) At the boundaries of the geographical area within which community wayfinding guide signing is used, an informational guide sign may be posted to inform road users about the presence of community wayfinding guide signs and to identify the meanings of the various color codes or pictographs that are being used.

(2) This informational guide signs shall have a white legend and border on a green background and shall have a design similar to that illustrated in Section 2D.03 of the MUTCD and shall be consistent with the basic design principles for guide signs. These informational guide signs shall not be installed on limited access facilities.

(3) The color coding or a pictograph of the identification enhancement markers of the community wayfinding guide signing system shall be included on the informational guide sign posted at the boundary of the community wayfinding guide signing area. The color coding or pictographs shall apply to a specific identifiable neighborhood or geographical subarea within the overall area covered by the community wayfinding guide sign. Color coding or pictographs shall not be used to distinguish between different types of destinations that are within the same designated neighborhood or subarea. The color coding shall be accomplished by the use of different colored squares or rectangular panels on the face of the informational guide sign, each positioned to the left of the neighborhood or named geographic area to which the color-coding panel applies. The height of the colored square or rectangular panels shall not exceed two times the height of the upper-case letters of the principal legend of the sign.

(4) The different colored square or rectangular panels may include either a black or a white (whichever provides the better contrast with the color of the panel) letter, numeral, or other appropriate designation to identify the destination.

(5) Color-coded community wayfinding guide signs may be used with or without the boundary informational guide sign displaying corresponding color-coding panels described in this subsection.

PART VI TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS)

History

Rulemaking Authority 316.0745 FS. Law Implemented 316.0745 FS. History–New 11-24-11.

Fla. Admin. Code R. 14-51.061 Program Implementation

(1) Part VI of this rule chapter provides eligible local governments with the criteria for Tourist-Oriented Directional Signs (TODS) and guidance for the installation of TODS on non-limited access facilities on the state highway system in accordance with the MUTCD.

(2) Prior to the installation of a TODS the Department must approve, by permit, the design, location, and placement based on the criteria established in this rule chapter.

(3) Prior to requesting a permit to install TODS on the state highway system, a local government shall have established, by ordinance, criteria for TODS program eligibility including participant qualifications and location regulations.

History

Rulemaking Authority 479.262 FS. Law Implemented 479.262 FS. History–New 6-24-08, Amended 11-24-11.

Fla. Admin. Code R. 14-51.062 General Criteria

(1) Development of a TODS program is limited to rural areas as provided in Section 479.262, F.S.

(2) To qualify as a TODS destination, the tourist-oriented businesses, services, or activities shall meet the following minimum conditions:

(a) The major portion (51%) of income or visitors during the normal business season shall be from tourists not residing within 20 miles of the destination. A business shall not qualify if admission or access is based on a membership fee or other means of exclusive admission, or where minors are excluded.

(b) All state and local building and occupational permits, licensing, and registrations shall be current and in good standing.

History

Rulemaking Authority 479.262 FS. Law Implemented 479.262 FS. History–New 6-24-08, Amended 11-24-11, 1-12-16.

Fla. Admin. Code R. 14-51.063 Location and Placement

(1) TODS may be installed on the state highway system only after permitted by the Department.

(a) TODS shall not be permitted by the Department if they interfere with the effectiveness of other traffic control devices.

(b) TODS shall only be permitted at the nearest intersection providing the most direct practical route to the eligible facility. An additional sign may be approved at the closest state road intersection with a roadway on the Strategic Intermodal System (SIS) when the nearest state road intersection is not on an SIS facility.

(d) The maximum distance from the business to where a TODS may be placed on the state highway system shall be 25 miles.

(e) If a facility with state road frontage is more than 10 miles from the nearest state highway system intersection suitable for TODS installation, the jurisdiction with TODS authority may apply for a permit to sign for this facility with a “ONE MILE” advanced TODS sign. This is the only instance an advanced sign may be permitted on the state highway system.

(2) TODS shall be limited to placement on rural conventional roads, as stated in the MUTCD. TODS shall not be placed within the right of way of limited access facilities. TODS shall not be located in the right of way of a limited access facility interchange regardless of jurisdiction or local road classification.

(3) The location of other official traffic control devices shall take precedence over the location of TODS. TODS shall have standard spacing with other traffic control devices shown in Table 1.

(4) The Department will remove without notice, and with no obligation to relocate the sign or compensate for its removal, any TODS on the state highway system for highway safety or operational purposes or activities including construction, reconstruction or maintenance.

History

Rulemaking Authority 479.262 FS. Law Implemented 479.262 FS. History–New 6-24-08, Amended 11-24-11.

Fla. Admin. Code R. 14-51.064 Trailblazers

(1) In accordance with Rule 14-51.012, F.A.C., trailblazers shall be required if a motorist must navigate one or more turns to get from a local road intersection to the destination. All trailblazers required for guidance to a destination shall be in place on the local road system prior to installation of the TODS on the state highway system.

(2) TODS and trailblazers, on either the state or local road system, shall not be permitted within the boundaries of a community wayfinding guide sign system plan. Removal of TODS within the boundaries of a proposed community wayfinding guide sign system plan is a mandatory condition of community wayfinding guide sign permit approval.

History

Rulemaking Authority 479.262 FS. Law Implemented 479.262 FS. History–New 6-24-08, Amended 11-24-11.

Fla. Admin. Code R. 14-51.065 Design

(1) The planning, design, installation, and maintenance of TODS and their supporting structures are the responsibility of the local government and must conform to the criteria in subsection 14-51.014(8), F.A.C., Design Standard Index 17354 and the applicable sections of the MUTCD.

(2) If different supporting structures are proposed for use on the state highway system, they shall be designed, constructed, and installed to meet the Department’s clear zone and safety criteria, including breakaway features. The design shall be signed and sealed by a Professional Engineer registered in the State of Florida.

(3) TODS assemblies shall have a maximum of five panels on two posts. TODS assemblies that are designed for a single post shall have a maximum of two panels. Sign panels shall be rectangular in shape and have white lettering on a blue background. The optional top panel may have the text “TOURIST ACTIVITIES” and a pictograph that identifies the TODS program jurisdiction. The other four panels are reserved for qualifying destinations. The panel legend is limited to one destination identification, a pictograph or in its place a cultural, recreational, or general service symbol, the directional arrow, and destination distance. There is a maximum of two lines of legend per destination panel.

(4) General service, recreational, and cultural interest symbols may not be added as individual auxiliary sign panels to the TODS assembly, but may be contained in the individual panel with the business identification text, in the place of a pictograph. No other type of sign or legend may be added to a TODS assembly.

(5) After proper notice to the local government, the Department will remove any non-conforming panel.

(6) If a destination qualifies for a business logo under Rule Chapter 14-85, F.A.C., it shall not be displayed on an existing TODS, even where it cannot be accommodated by the LOGO sign program. TODS may not be used to trailblaze for LOGO participants.

History

Rulemaking Authority 316.0745, 479.262 FS. Law Implemented 316.0745, 479.262 FS. History–New 6-24-08, Amended 11-24-11.

Chapter 14-54 REGULATIONS GOVERNING TANDEM TRAILER COMBINATIONS

Fla. Admin. Code R. 14-54.0012 Definitions

History

Rulemaking Authority 316.515, 316.611, 334.044(2) FS. Law Implemented 316.515 FS. History–New 12-12-83, Formerly 14-54.012, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.00121 Route Evaluation Standards

History

Rulemaking Authority 316.515, 316.611, 334.044(2) FS. Law Implemented 316.515, 316.611 FS. History–New 9-29-91, Amended 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.00131 Signing of Posted Roads

History

Rulemaking Authority 316.515, 316.555, 316.611, 334.044(2) FS. Law Implemented 316.515, 316.611 FS. History–New 9-29-91, Amended 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.00161 Florida Turnpike

History

Rulemaking Authority 316.515, 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.515, 338.239(1), 338.22-.244 FS. History–New 9-29-91, Amended 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.005 Other Regulations

History

Rulemaking Authority 316.515, 316.611, 334.044(2) FS. Law Implemented 316.515, 316.555 FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.05, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.006 Tractor Requirements

History

Rulemaking Authority 316.515, 316.611, 338.239(1), 334.044(2) FS. Law Implemented 316.515, 316.555 FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.06, Repromulgated 9-29-91, Amended 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.0061 Tire Requirements

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.007 Brake Regulations

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.261-.263, 316.611, 338.222, 338.239(1) FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.07, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.0071 Axle Requirements

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.008 Emergency Equipment

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.08, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.0081 Lead Trailer Requirements

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.010 Converter Dolly Requirements

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.10, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.011 Lamps, Etc

History

Rulemaking Authority 316.252, 316.611, 334.044(2), 338-239(1) FS. Law Implemented 316.252, 316.611, 338.222, 338.239(1) FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.11, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.012 Inspection by Driver

Rulelmaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.12, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.013 Coupling Devices/Hitch Connections

History

Rulemaking Authority 316.611, 334.044(2), 338.239 FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.13, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.014 Staging

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.222, 338.239(1) FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.14, Amended 9-29-91, 5-14-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-54.015 Speed Limits, Minimum Distances, Passing, and Operations under Hazardous Conditions

History

Rulemaking Authority 316.611, 334.044(2), 338.239(1) FS. Law Implemented 316.611, 338.239 FS. History–New 10-29-79, Amended 12-12-83, Formerly 14-54.15, Repromulgated 9-29-91, Amended 5-14-96, Repealed 11-5-09.

Chapter 14-57 RAILROAD SAFETY AND CLEARANCE STANDARDS, AND PUBLIC RAILROAD-HIGHWAY GRADE CROSSINGS

Fla. Admin. Code R. 14-57.001 Purpose

History

Rulemaking Authority 351.35(1) FS. Law Implemented 351.35(1) FS. History–New 1-27-81, Formerly 14-57.03, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.002 Definitions

History

Rulemaking Authority 351.35(1) FS. Law Implemented 351.35(1) FS. History–New 1-27-81, Formerly 14-57.03, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.003 Railroad Safety Standards and Clearance Requirements

(1) This rule adopts the federal minimum safety standards for track, freight car, and locomotive inspections prescribed by 49 C.F.R. Parts 213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 225, 228, 229, 230, 231, 232, 233, 234, 236, 238, 239 and 240, as printed in the annual edition of Title 49, Code of Federal Regulations, dated October 1, 2009, and the federal minimum safety standards for the transportation of hazardous material by rail as prescribed by 49 C.F.R. Parts 171, 172, 173, 174, 178, 179 and 180, as printed in the annual edition of Title 49, Code of Federal Regulations, dated October 1, 2009, as rules of the Florida Department of Transportation; and prescribes reasonable requirements governing clearances above, beside, and between railroad tracks in the State of Florida. If a later version of an individual part is subsequently issued and adopted by the Florida Department of Transportation that individual part will include the effective date of the revised standard.

(2) Definitions. In this rule, the words or terms are defined as follows:

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

(b) “Height of a Conventional Railroad Car” means the distance between the top of the rail and the highest part or appurtenance of a car.

(c) “Overhead Clearance” means the vertical distance from the level of the top of the highest rail to a structure or obstruction above.

(d) “Railroad” means as defined in Section 341.301, F.S.

(e) “Side Clearance” means the shortest distance from the center line of track to a structure or obstruction at the side of the track.

(f) “Side of a Conventional Railroad Car” means that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car.

(g) “Standard Gage” means the established distance of four feet, eight and a half inches between the heads of the two rails of a railroad track measured at right angles to the rails in a plane five-eights of an inch below the top of the rail head.

(3) The following federal minimum safety standards for inspections of track, conventional railroad cars, locomotives, and train operations inspections are hereby incorporated by reference and made rules of the Department:

(a) Track Safety Standards. 49 C.F.R. Part 213.

(b) Railroad Workplace Safety. 49 C.F.R. Part 214.

(d) Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment. 49 C.F.R. Part 216.

(e) Railroad Operating Rules. 49 C.F.R. Part 217.

(f) Railroad Operating Practices. 49 C.F.R. Part 218.

(g) Control of Alcohol and Drug Use. 49 C.F.R. Part 219.

(h) Radio Standards and Procedures. 49 C.F.R. Part 220.

(i) Rear End Marking Device – Passenger, Commuter and Freight Trains. 49 C.F.R. Part 221.

(j) Safety Glazing Standards – Locomotives, Passenger Cars and Cabooses. 49 C.F.R. Part 223.

(k) Railroad Accidents/Incidents: Reports Classification, and Investigations. 49 C.F.R. Part 225.

(l) Hours of Service of Railroad Employees. 49 C.F.R. Part 228.

(m) Railroad Locomotive Safety Standards. 49 C.F.R. Part 229.

(n) Locomotive Inspection. 49 C.F.R. Part 230.

(o) Railroad Safety Appliance Standards. 49 C.F.R. Part 231.

(p) Railroad Power Brakes and Drawbars. 49 C.F.R. Part 232.

(q) Signal Systems Reporting Requirements. 49 C.F.R. Part 233.

(r) Grade Crossing Signal System Safety. 49 C.F.R. Part 234.

(s) Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices, and Appliances. 49 C.F.R. Part 236.

(t) Passenger Equipment Safety Standards. 49 C.F.R. Part 238.

(u) Passenger Train Emergency Preparedness. 49 C.F.R. Part 239.

(v) Qualification and Certification of Locomotive Engineers. 49 C.F.R. Part 240.

(4) The following federal minimum safety standards for the transportation of hazardous materials by rail are hereby incorporated by reference and made rules of the Department:

(a) General Information, Regulations, and Definitions. 49 C.F.R. Part 171.

(b) Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements. 49 C.F.R. Part 172.

(d) Carriage by Rail. 49 C.F.R. Part 174.

(e) Specifications for Packaging. 49 C.F.R. Part 178.

(f) Specifications for Tank Cars. 49 C.F.R. Part 179.

(g) Continuing Qualification and Maintenance of Packagings. 49 C.F.R. Part 180.

(5) Railroad Clearance Requirements.

(a) Overhead Clearance. The minimum overhead clearance above the top of the rail of standard gage railroad tracks, which are used or proposed to be used for transporting conventional railroad cars, shall be 22 feet, except as otherwise provided in this rule. The minimum overhead clearance above the top of the rail on such tracks located inside buildings shall be 17 feet. Where the overhead clearance is less than 22 feet inside buildings, appropriate warning signs directing the attention of railroad employees, and others, to the reduced clearance shall be erected as specified in subparagraph (5)(f)1. of this rule at each point where the affected track enters the building.

(b) Side Clearances. The minimum side clearance from the center line of a curved railroad track shall be one inch per thirty minutes of curvature in addition to the minimum side clearance from the center line of tangent standard gage railroad tracks. The minimum side clearance used or proposed to be used for tangent standard gage railroad tracks shall be as follows:

The minimum side clearance for all structures and obstructions above the top of the rail, except those hereinafter specifically mentioned, shall be eight feet. (Note: posts, pipes, warning signs, and similar obstructions should, where practicable, have a side clearance of ten feet.)
The minimum side clearance for tracks adjacent to platforms for loading and unloading conventional railroad cars, where the tops of such platforms are approximately level with the floors of such cars serving such platforms, may be reduced to not less than five feet nine inches, on one side of the tracks only. Warning signs, which direct attention of railroad employees and others to the reduced clearance, shall be erected as specified in subparagraph (5)(f)1. of this rule.
The minimum side clearance for tracks adjacent to or entering engine terminal or shop structures, such as engine houses and car repair shops, outdoor locomotive fueling and servicing facilities, and turntables shall be six feet. When a side clearance of less than eight feet exists on such tracks, warning signs which direct attention of railroad employees to the reduced clearance shall be erected at each end of the structure. The clearance requirements of this rule do not apply to repair or servicing platforms and structures inside engine houses and repair shops.
The minimum side clearance for platforms eight inches or less above the top of the rail shall be four feet eight inches.
The minimum side clearance for switch boxes, switch operating mechanisms, and accessories necessary for the control and operation of signals, switches, and derails, projecting four inches or less above the top of the rail shall be three feet.
The minimum side clearance for signals and switch stands three feet or less above the top of the rail and located between tracks, where not practicable to provide clearances otherwise prescribed by this rule because of the distance between the tracks, shall be six feet.
The minimum side clearance for fences of cattle guards shall be six feet nine inches.

The minimum distance between the center lines of parallel standard gage tracks shall be 13 feet six inches.
The minimum distance between the center line of any standard gage ladder track and any other adjacent track shall be 19 feet.
The minimum distance between the center lines of parallel team, house, and industry tracks shall be 13 feet.

(d) Obstructions and Conditions Adjacent to Tracks.

The space between tracks within railroad yards, and the space beside such tracks within eight feet of the center line thereof, shall be kept clear of grass, weeds, mud, slime, debris, and similar obstructions.
No merchandise, material, or other articles shall be placed or permitted to remain either on the ground or on the platforms adjacent to any track, during the movement of trains or engines on such adjacent track, at a distance less than eight feet from the center line of track. This prohibition shall not apply to materials used in the construction, maintenance, or repair of the tracks. Notice of the general location of such materials to be used for the construction, maintenance, or repair of the tracks shall be posted where general notices concerning the movement of trains are posted, or shall otherwise be made available to railroad employees working in such area.
A line or other marker shall be maintained eight feet from the center line of track on all platforms, excluding passenger platforms, to indicate the space along the edge of the platform which must be kept clear of merchandise, material, or other articles.

(e) Applicability.

The clearances prescribed in this rule shall not apply to the extension of tracks or the adjacent buildings, structures, or facilities provided the track or buildings or structure or facility to be extended was constructed prior to September 17, 1953.

(f) Deviation from Clearance. In the event that the required railroad clearance cannot be met after any new construction of railroad track or any adjacent building, structure, or facility, the owner, or other designated person, of the adjacent building, structure, or facility shall take the following safety measures:

Install appropriate warning signs at a location at least 100 feet in advance of the location where less than the required clearance exists. Such signs must be installed at both ends of any location which can be approached by a train from either direction, exclusive of any switching activity on a stub end track.
Install markings, decals, or paint on any and all obstructions that have less than the required side clearance. Such markings, decals, or paint shall be in a pattern of diagonal stripes to call attention to the obstruction.

(6) Penalties. Failure to comply with the provisions of this rule chapter will result in a penalty in accordance with Section 351.35(2), F.S., as provided for in applicable federal regulations specified in subsection 14-57.003(1), F.A.C., and hereby incorporated by reference under subsections 14-57.003(3) and (4), F.A.C.

History

Rulemaking Authority 334.044(2), 351.35(1) FS. Law Implemented 341.302(7), (8), 351.35(1), (2) FS. History–New 1-27-81, Formerly 14-57.03, Amended 7-27-97, 10-16-01, 10-9-11.

Fla. Admin. Code R. 14-57.004 Side Clearances

History

Rulemaking Authority 351.35(1) FS. Law Implemented 351.35(1) FS. History–New 1-27-81, Formerly 14-57.0, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.005 Clearances Between Tracks

History

Rulemaking Authority 351.35(1) FS. Law Implemented 351.35(1) FS. History–New 1-27-81, Formerly 14-57.05, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.006 Other Obstructions and Conditions Adjacent to Tracks

History

Rulemaking Authority 351.35(1) FS. Law Implemented 351.35(1) FS. History–New 1-27-81, Formerly 14-57.06, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.007 Application

History

Rulemaking Authority 351.35(1) FS. Law Implemented 351.35(1) FS. History–New 1-27-81, Formerly 14-57.07, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.008 Exemptions

History

Rulemaking Authority 351.35(1) FS. Law Implemented 351.35(1) FS. History–New 1-27-81, Formerly 14-57.08, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.009 Penalties

PART II PUBLIC RAILROAD-HIGHWAY GRADE CROSSINGS

History

Rulemaking Authority 351.35(1) FS. Law Implemented 120.57, 351.35(1), (2) FS. History–New 1-27-81, Formerly 14-57.09, Repealed 7-27-97.

Fla. Admin. Code R. 14-57.010 Definitions for Use in Part II

The following definitions apply to this Part II:

(1) “Applicant” means any person or entity seeking permission to open or close a public railroad-highway grade crossing.

(2) “Application” means a Railroad Grade Crossing Application, Form 725-090-66, Rev. 01/13, incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02402, and available from http://www.dot.state.fl.us/rail/ or the Central Rail Office, Department of Transportation, 605 Suwannee Street, MS #25, Tallahassee, Florida 32399-0450.

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

(4) “Governmental Entity” means as defined in Section 334.03(11), F.S.

(5) “Public Railroad-Highway Grade Crossing” or “Crossing” means as defined in Section 335.141(1)(b), F.S.

(6) “Railroad” means as defined in Section 341.301(12), F.S.

(7) “State Highway System” means as defined in Section 334.03(24), F.S.

(8) “Stipulation of Parties” means a voluntary agreement between the railroad(s), the governmental entity(ies), the Department, and the applicant, if different from the aforementioned.

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.141, 339.05 FS. History–New 3-16-03, Amended 10-9-11, 7-30-13.

Fla. Admin. Code R. 14-57.011 Public Railroad-Highway Grade Crossings Costs

(1) Purpose. To establish the degree of Department and railroad participation in the cost of public railroad-highway grade crossings.

(2) Installation and Modification. The method of determining responsibility for installation or modification costs shall be as follows: At all public railroad-highway grade crossings, the method of determining railroad responsibility will be in accordance with the Federal Highway Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I, January 31, 2002, Transmittal 30, incorporated herein by reference. To obtain copies of this document, go to http://www.fhwa.dot.gov/legregs/directives/cfr23toc.htm.

(3) Maintenance. The method of determining participation in public railroad-highway grade crossing maintenance costs shall be as follows:

(a) Grade Crossing Traffic Control Devices. The Department shall participate in 50% of the cost of maintaining grade crossing traffic control devices so long as the devices are located on the State Highway System.

(b) Travel Way. When the grade crossing is located on the State Highway System, the railroad shall be responsible for the maintenance cost of all trackbed and rail components, and the highway roadbed for the width of the rail ties within the crossing area. The Department shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties on crossings where the railroad has a property interest. The railroad shall be responsible for the maintenance cost of the highway roadbed where the crossing occupies public right of way.

(c) Grade Separation Structures. The Department shall be responsible for the maintenance cost of railroad overpasses when the structure is located on the State Highway System and carries highway traffic over a railroad. The railroad shall be responsible for the maintenance cost of railroad underpasses which carry highway traffic under a railroad.

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.141 FS. History–New 3-16-03, Amended 10-9-11.

Fla. Admin. Code R. 14-57.012 Public Railroad-Highway Grade Crossings – Opening and Closure

(1) Purpose. To establish standards for the opening and closing of public railroad-highway grade crossings. The objectives of these uniform standards will be to reduce the accident/incident frequency and severity at public railroad-highway grade crossings, and improve rail and motor vehicle operating efficiency.

(2) Opening and Closing Public Railroad-Highway Grade Crossings. The Department will accept applications for the opening and closing of public railroad-highway grade crossings from the governmental entity that has jurisdiction over the public street or highway; any railroad operating trains through the crossing; or any other applicant that has an agreement with a governmental entity to assume jurisdiction as a public crossing. Closure applications will also be accepted from individual citizens or groups, such as neighborhood associations. Opening and closure of public railroad-highway grade crossings shall be based upon Notices of Intent issued by the Department, Final Orders of the Department following administrative hearings conducted pursuant to Chapter 120, F.S., or upon a Stipulation of Parties. The burden of proof for the opening or closing of a crossing is on the applicant. A Final Order or a Stipulation of Parties concludes the application process. If the preliminary review of the application does not support the crossing opening or closure, or the application does not demonstrate a material change of circumstances has occurred at the crossing since the execution of a Final Order or a Stipulation of Parties, the applicant will be advised of these findings. The applicant may choose to withdraw the application or continue the process. If withdrawn, the process is concluded. An applicant may suspend an application at any time. If the applicant chooses to pursue the opening or closure of the public railroad-highway crossing, the railroad and governmental entity having jurisdiction at the location will be notified and provided a copy of the application. The governmental entity should provide a public forum for community involvement and contact affected individuals or groups to obtain input on impacts to the community. The expense of crossing closures or openings, which shall include installation, maintenance, and replacement of grade crossing traffic control devices and grade crossing surfaces, will be the responsibility of the applicant, unless otherwise negotiated and accepted by all parties. Unless otherwise provided in the Stipulation of Parties or Final Order, if a permitted public railroad-highway grade crossing has not been installed, inspected, approved, and opened for transportation within five (5) years of the date of execution of the Stipulation of Parties or issuance of the Final Order, the permit will be deemed expired. The expiration of the permit to open a new public crossing does not restrict the applicant from submitting future applications for the subject public railroad-highway grade crossing or other public railroad-highway grade crossing openings or closures.

(a) Opening of Public Railroad-Highway Grade Crossings. In considering an application to open a public railroad-highway grade crossing, the following criteria will apply:

Safety.
Necessity for rail and vehicle traffic.
Alternate routes.
Effect on rail operations and expenses.
Closure of one or more public railroad-highway grade crossings to offset opening a new crossing.
Design of the grade crossing and road approaches.
Presence of multiple tracks and their effect upon railroad and highway operations.
When the estimated highway traffic is 30,000 vehicles or more a day across main line tracks, an engineering and benefit-cost analysis must be performed by the applicant to determine if a grade separation is warranted.

(b) Conversion of Crossings. Conversion of private railroad-highway grade crossings to public use constitutes opening a new public crossing, and shall meet the same requirements.

(c) Active grade crossing traffic control devices meeting the criteria set forth in Rule 14-57.013, F.A.C., are required at all new public railroad-highway grade crossings.

(d) Closure of Public Railroad-Highway Grade Crossings. In considering an application to close a public railroad-highway grade crossing, the following criteria will apply:

Safety.
Necessity for rail and vehicle traffic.
Alternate routes.
Effect on rail operations and expenses.
Excessive restriction to emergency type vehicles resulting from closure.
Design of the grade crossing and road approaches.
Presence of multiple tracks and their effect upon railroad and highway operations.

(e) Closure of Public Railroad-Highway Grade Crossings by the Department. The Department will initiate and maintain a crossing consolidation and closure program based on analysis of engineering and safety factors, and impact on operating efficiency to vehicle and rail traffic. Governmental entities will be notified of potential closures for review and recommendation. Closures by the Department will be considered based upon following:

Systems or Corridor Approach. Review of crossings on a specific corridor by railroads, cooperative teams (railroads, state, governmental entity), or state rail personnel, to determine redundant or unused crossings that are viable candidates for closure.
Diagnostic Team Safety Review. Diagnostic teams review and recommend crossing candidates for closure on a rail corridor, based on overall safety index, specific hazards, or response to a serious accident(s)/incident(s).
Rail Changes, Construction, or Improvement Impacts. Crossing closure candidates may result from track rehabilitation, new highway or railroad construction, adjacent crossing improvements or signalization, and changes in passenger or freight service.
Individual Recommendations: Recommendations for closure may be submitted by federal or state Safety Inspectors, Operation Lifesaver volunteers, Railroad Safety Committees, neighborhood associations, or other persons.

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.141, 341.302(10) FS. History–New 3-16-03, Amended 11-13-06, 10-9-11, 7-30-13.

Fla. Admin. Code R. 14-57.013 Installation Criteria and Warning Devices for Public Railroad-Highway Grade Crossings

(1) Basic Equipment. All existing public railroad-highway grade crossings without active warning devices shall have reflectorized railroad crossbucks on the right hand side of the road on both sides of the tracks as specified by the U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C. The reflectorized railroad advance warning sign and pavement markings shall be located at those public grade crossings which are specified in the MUTCD.

(2) Minimum Active Grade Crossing Traffic Control Devices. All new public railroad-highway grade crossings shall have, as a minimum, roadside flashing lights and gates on all roadway approaches to the crossing, usually placed on the right of approaching traffic. Lamp units shall be in accordance with the standards recommended by the MUTCD. The location of the roadside flashing lights and gates shall be in accordance with the Department’s Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices,” with the primary emphasis being the visibility of the flashing lights and gates. The Department’s 2010 Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices,” is hereby incorporated by this rule and made a part of the rules of this Department. Copies of this document are available at http://www.dot.state.fl.us/officeofdesign.

(3) Cantilevered Flashing Lights. Pairs of flashing lights placed on cantilevered arms extended over traffic lanes shall be employed when any one or more of the following conditions exist:

(a) Multilane highways (two or more lanes in each direction) are present or when median lights and gates are not in place.

(b) Sight restrictions to the grade crossing affect either the motorist or train crew.

(c) Signal stanchion located greater than 23 feet from centerline of roadway. The length of the cantilever arm shall be in accordance with the Department’s Standard Index, “Railroad Grade Crossing Traffic Control Devices.”

(4) Automatic Crossing Gates. Automatic crossing gates in conjunction with flashing lights shall be installed if any one of the following conditions exists:

(a) Multilane highway.

(b) Multiple railroad tracks including passing tracks.

(d) Traffic counts greater than 5,000 vehicles per day.

(e) Greater than 30 through trains per day.

(f) Traffic with greater than nine school buses per day.

(g) Tracks on which hazardous materials are transported.

(h) Continuance of accident history after installation of flashing lights.

(i) Signalized intersections located within 200 feet of track that result in limited vehicle storage space between the track and parallel road.

(5) Traffic Signal Preemption. When new and existing grade crossings are within 200 feet of an intersection with traffic signals, a train activated preemption phase shall be provided in the active grade crossing traffic control device for the traffic signal system. The design of the traffic signal and phase sequencing shall be as specified in the MUTCD. Crossings located between 200 and 500 feet from a signalized intersection must either be preempted or be supported by an engineering study that determines that preemption is not in the interest of public safety.

(6) Train Speed Detection Devices. Train speed detection devices are designed to activate automatic flashing lights preceeding the arrival of the train at the crossing. When train speeds on a given track vary considerably under normal operation, special devices or circuits shall be installed to provide notice in advance of all train movements over the crossing.

(7) Delay of Installation.

(a) A delay in the installation of active grade crossing traffic control devices may be allowed by the Department at a new public railroad-highway grade crossing that intersects an industrial spur track, if the crossing is manually flagged. A delay in the installation of active grade crossing traffic control devices may occur when there are two trains or less per day at the crossing and the Department determines that the characteristics of the highway (e.g., two lanes, the average daily traffic is less than 5000 vehicles, the vehicle operating speed is less than 30 mph) are conducive to requiring a flagman. When train movements require manual flagging at night, the grade crossing must be illuminated.

(b) The Department will grant a temporary delay for the installation of such signals at a new public railroad-highway grade crossing when the installation of such signals would adversely affect the scheduled installation of signal improvements at those grade crossings deemed to have a higher statewide priority.

(8) Public Railroad-Highway Grade Crossing Traffic Control Devices. All public railroad-highway grade crossing traffic control devices shall conform to the Department’s Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, “Railroad Grade Crossing Traffic Control Devices.” Copies of this document are available at http://www.dot.state.fl.us/officeofdesign.

PART III RAIL CORRIDOR CROSSING MANAGEMENT

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.141 FS. History–New 10-9-11.

Fla. Admin. Code R. 14-57.014 Crossing Management of Department – Owned Active and Inactive Rail Corridors

(1) Definitions for Use in Part III.

(a) “Applicant” means any person or local governmental entity requesting a rail corridor opening or closure on a Department-owned inactive rail corridor.

(b) “Application” means the Rail Corridor Crossing Permit Application for Department-Owned Inactive Rail Corridor, DOT Form 725-080-86, Rev. 01/13, incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-02403, and available from http://www.dot.state.fl.us/rail/ or the Central Rail Office, Department of Transportation, 605 Suwannee Street, MS #25, Tallahassee, Florida 32399-0450.

(c) “Active Rail Corridor” means Department-owned lineal property acquired from a railroad that is operational for the use of rail transportation.

(d) “Inactive Rail Corridor” means Department-owned lineal property acquired from a railroad that is not incorporated into the state highway system and is abandoned or does not currently operate rail transportation service. Inactive rail corridors may be unused property, kept intact for future state highway expansion, or used by local governmental entities for recreational or other purposes.

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

(f) “Local Governmental Entity” means as defined in Section 334.03, F.S.

(g) “Rail Corridor Crossing” means either a public or private travel way intended to be used for vehicular ingress and egress to and from a state, county, city, or private roadway across a Department-owned active or inactive rail corridor.

(h) “State Highway” means a component of the State Highway System as defined in Section 334.03, F.S.

(2) Existing Rail Corridaor Crossings. The Department recognizes existing public and private rail corridor crossings identified and described by a railroad at the time an active or inactive rail corridor is transferred from a railroad to the Department. All other rail corridor crossings shall be closed if rail corridor crossing permits are not obtained within twelve months of acquisition of the rail corridor by the Department.

(3) Rail Corridor Crossing Permits. New rail corridor crossing permits for public or private roadways are prohibited on active rail corridors. The issuance of a rail corridor crossing permit on a Department-owned inactive rail corridor does not create a property right or vested interest in a rail corridor crossing and such permit is revocable in accordance with the provisions of this rule chapter. Potential applicants are encouraged to contact the Department Central Rail Office to inquire as to the feasibility of a proposed rail corridor crossing before submitting an application.

(a) Public Crossing. An application by a local governmental entity for a rail corridor crossing permit for an inactive rail corridor will be evaluated and conditioned upon the following criteria:

The local governmental entity’s jurisdiction over the county or city street at the proposed rail corridor crossing and acceptance of maintenance responsibility for the county or city street, including the rail corridor crossing area.
A demonstrated transportation need on the part of the public for the rail corridor crossing.
Consistency with the applicable Metropolitan Planning Organization (MPO) long range plans and local governmental entity comprehensive plans.
Closure of an existing public rail corridor crossing for each new public rail corridor crossing.
Construction of the crossing in a way that is compatible with the present and future planned use of the rail corridor.
Payment of construction costs and responsibility for maintenance costs for the new public rail corridor crossing, as well as any additional costs to modify the corridor to accommodate its planned use.

(b) Private Crossing. An application for a rail corridor crossing permit by a person who owns property abutting an inactive rail corridor will be evaluated and conditioned upon the following criteria:

The private property must have no other legal access, including no access to frontage roads that exist or that could be cost-effectively constructed.
The new private rail corridor crossing will be consistent with applicable MPO long range plans and local governmental entity comprehensive plans.
The new private rail corridor crossing will be constructed in a way that is compatible with the present and future planned use of the rail corridor, and the design plans for the new private rail corridor crossing shall be signed and sealed by a professional engineer registered in the State of Florida.
A private rail corridor crossing permit is revocable, without compensation, upon a Department determination that the private rail corridor crossing is incompatible with the Department’s use of the corridor, and with written notice of not less than 30 days.
The owner must indemnify, defend, and hold the Department harmless from any and all claims arising out of the use of the new private rail corridor crossing.

(4) Installation of a Rail Corridor Crossing on Inactive Rail Corridors.

When authorized by permit to install a rail corridor crossing, a local governmental entity or private crossing applicant must comply with the following, in addition to any terms specifically stated on the permit.

(a) Traffic Signals and Other Traffic Control Devices. Traffic signals and other traffic control devices, installed by an applicant, shall conform to the Manual on Uniform Traffic Control Devices as incorporated in Rule 14-15.010, F.A.C., and the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways as incorporated in Rule 14-15.002, F.A.C.

(b) Disruption of Traffic. For safety and operational purposes, the Department will require or restrict hours of construction if construction will cause disruption of traffic on a state highway. When construction activity on a rail corridor crossing causes undue disruption of traffic, or creates safety hazards on a state highway, the permittee will be advised of the need for immediate corrective action by a specified time and a stop work order will be issued if the permittee does not comply.

(c) Time Limit. Installation of a rail corridor crossing on an inactive rail corridor shall be completed within one year of the date of issuance of the rail corridor crossing permit. Failure to comply with the one year time limit shall result in an automatic expiration of the rail corridor crossing permit. A stop work order will be issued by the Department if work exceeds the imposed time restrictions. For any rail corridor crossing permit which expires for failure to construct the rail corridor crossing within the one year limit, a new application will be required. The corridor right of way shall be returned to the condition existing prior to the rail corridor crossing permit being issued, at the permittee’s expense, unless a new permit is obtained pursuant to this rule.

(d) Assurance of Performance. Assurance of performance conforming to Section 334.187, F.S., and Rule 14-116.002, F.A.C., will be required if the rail corridor crossing permit requires extensive work within the right of way, such as relocation of structures or traffic signals.

Prior to the issuance of a rail corridor crossing permit, the applicant shall provide a security instrument in the estimated dollar amount of the improvements in the right of way. The Department shall be named as the beneficiary. The security instrument shall be provided to the Department before the rail corridor crossing permit is issued. The security instrument shall be valid for the time of the construction and inspection of the permitted work, but for not less than 18 months.
The applicant shall provide the estimated cost of improvements on right of way in a document signed, sealed, and dated by a professional engineer registered in the State of Florida.
Security Instrument Receipt, Form 850-040-20, Rev. 04/93, incorporated herein by reference and available from http://www.dot.state.fl.us/rail/ or the Central Rail Office, Department of Transportation, 605 Suwannee Street, MS #25, Tallahassee, Florida 32399-0450 must be submitted by the applicant.
Such security instruments shall be required except when a performance bond covering the work on the right of way is included as part of the bond necessary for development approval by a local governmental entity and the Department is a named beneficiary.
A security instrument will not be required when there is an agreement with the local governmental entity to withhold a certificate of occupancy until any problems are corrected and there is no indication that the requirements of this rule will be violated.
Upon completion, the applicant must provide documentation by a professional engineer registered in the State of Florida that construction was accomplished in accordance with the requirements set out in the corridor crossing permit. The security instrument will be returned to the applicant when final inspection by the Department shows that the work has been completed as permitted.

(e) Posting of rail corridor crossing permit. The approved rail corridor crossing permit shall be displayed in a prominent location in the vicinity of the crossing construction.

(f) Governmental entity permits or approval. The applicant is responsible for securing any additional permit or local governmental entity approval needed for traffic signalization and regulatory signing and marking.

(g) Utility and Right of Way User Notification. The applicant has the responsibility to determine, and notify, the users of the right of way of the permitted construction. The applicant shall also resolve any conflicts within the right of way. Before a rail corridor crossing permit is issued, the applicant shall provide documentation of this notification and resolution of conflicts.

(h) Access Permitting. A rail corridor crossing permit for a crossing that is intended to be used for vehicular ingress and egress to and from a state highway is not a permit for a connection to the state highway under Section 335.182, F.S., and a separate access connection permit must be obtained pursuant to Rule Chapter 14-96, F.A.C., prior to the construction of an access connection.

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(14), 337.242(3), (4), 341.302(10) FS. History–New 8-14-06, Amended 10-9-11, 7-30-13.

Chapter 14-60 AIRPORT LICENSING, REGISTRATION, AND AIRSPACE PROTECTION

Fla. Admin. Code R. 14-60.003 Purpose, Definitions, and Designation of Signature Authority

(1) Purpose. The purpose of this rule chapter is to promote safe civil aviation by eliminating hazards; to provide airfield standards for airports; to provide standards for airport marking and lighting; to license and register airports, pursuant to the licensing and registration requirements of Chapter 330, F.S.; and to promote flight safety by providing for airspace protection, pursuant to the requirements of Chapter 333, F.S.

(2) Definitions.

(a) The definitions in Section 330.27, F.S., shall apply to this rule chapter.

(b) For purposes of this rule chapter the following additional terms are defined:

“Aeronautics” means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction.
“Airport Hazard” means any structure or tree or use of land that would exceed the federal obstruction standards and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit or variance.
“Airport Hazard Area” means any area of land or water upon which an airport hazard might be established if not prevented.
“Applicant” means a person submitting an application for private or public airport site approval or public airport license.
“Approach Surface” means an area that surrounds and protects the landing approach area, which is longitudinally centered on the extended runway centerline and extends outward and upward from each end of the runway primary surface.
“Coefficient of Friction” (“Mu”) means a value that is an indicator of the resistance to motion of two moving objects or surfaces that touch.
“Displaced Threshold” means a point on the runway beyond the threshold to re-designate the beginning portion of the runway available for landing, although the portion of pavement preceding a displaced threshold may be available for takeoffs in either direction and landings from the opposite direction.
“FATO” means the designated “Final Approach and Takeoff” area for helicopter operations.
“IFR” means the Federal Aviation Administration (FAA) established “Instrument Flight Rules,” under which aircraft operate when meteorological conditions, ceiling, and/or visibility exist that are below the minimums for flight under visual flight rules.
“Local Government” means a city or county and shall include political subdivisions as defined in Section 333.01(9), F.S.
“Non-precision Instrument Runway” means a runway having an existing or planned instrument approach procedure using air navigation facilities with only horizontal guidance or area type navigation equipment for which a straight-in non-precision instrument approach procedure has been approved.
“Obstruction” means any existing or proposed manmade object or object of natural growth or terrain that violates federal obstruction standards.
“Pavement Condition Index” (“PCI”) means a value that is an indicator of the integrity and viability of a runway surface with a focus on pavement cracking, swelling, rutting, and depressions.
“Precision Instrument Runway” means a runway having an existing or planned instrument approach procedure using an Instrument Landing System or a Precision Approach Radar.
“Primary Surface” means a surface area that surrounds and protects the landing area; the dimensions of which vary by type of landing area, weight of the landing aircraft, visibility, and the type of landing approach.
“Runway Safety Area” means a specified surface surrounding the runway that is prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway.
“Structure” means any object, constructed or installed by humans, including, but without limitation thereof, buildings, towers, smokestacks, utility poles, and overhead transmission lines.
“Threshold” means the beginning of that portion of the runway available for landing.
“TLOF” means the designated “Touchdown and Liftoff” area for helicopter operations.
“Transition Surface” means a surface area that surrounds and protects the lateral boundaries of the primary and approach surfaces, which extends outward and upward at right angles to the runway centerline and the extended runway centerline at specified ratios.
“Traverse Way” means any highway, roadway, waterway, railway, or other public or private surface transitway, that allows for the passage of mobile objects.
“Utility Runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
“VFR” means FAA established “Visual Flight Rules” under which aircraft operate when favorable meteorological conditions, ceiling, or visibility exist that are above the minimums for flight under instrument flight rules.
“Visual Runway” means a runway intended solely for the operation of aircraft using visual approach procedures, with no planned straight-in instrument approach procedure designation.

(3) The State Aviation Manager is authorized to issue site approval orders and licenses, and to accept registrations for those airports subject to the licensing and registration requirements of Section 330.30, F.S., and to enforce the provisions of Chapter 330, F.S. Additionally, the State Aviation Manager is authorized to issue airspace obstruction permits subject to the requirements of Section 333.025, F.S., and to enforce the provisions of Chapter 333, F.S.

(4) All Department actions regarding the application for issuance, renewal, amendment, suspension, or revocation of site approval orders, and licenses and registrations shall be in accordance with Chapters 120 and 330, F.S., and this rule chapter. Additionally, all Department actions regarding the application for issuance of airspace obstruction permits shall be in accordance with Chapters 120 and 333, F.S., and this rule chapter.

History

Rulemaking Authority 330.29(4), 334.044(2) FS. Law Implemented 330.29, 330.30, 330.35, 333.065 FS. History–New 11-23-72, Amended 11-19-81, 1-8-85, Formerly 14-60.03, Amended 12-26-95, 2-11-97, 10-10-04.

Fla. Admin. Code R. 14-60.005 Airport Site Approval

(1) Any proposed new airport requires an airport site approval order issued by the Florida Department of Transportation (Department). Site approval by the Department is required prior to the establishment of an operational airport.

(2) Issuance of a new airport site approval order shall be required by the Department, whenever:

(a) The Department has determined the airport site approval order to be invalid because the site approval application contained inaccurate data or misrepresentation of facts.

(b) The Department has revoked the airport site approval order.

(d) The registration for an existing private airport has expired, without being re-certified.

(3) An application for airport site approval shall be made in the form and manner required by the Department. There are no monetary fees required for this airport site approval service.

(a) Public Airport. Public airport site approval applicants shall submit a Public Airport Site Approval Application, DOT Form 725-040-12, Rev. 02/04, incorporated by reference under Rule 14-60.011, F.A.C., along with all required supporting documentation, to the following: State Aviation Manager, Florida Department of Transportation, 605 Suwannee Street, MS #46, Tallahassee, Florida 32399-0450.

(b) Private Airport. Private airport site approval applicants shall complete an interactive internet-based registration application and certify that the information is true and correct to the best of their knowledge, using a Department electronic aviation facility data system.

(c) Temporary Airport. Temporary, public or private airport site approval applicants, due to the limitations placed on their use for a period of less than 30 days and the restriction to no more than 10 operations per day, and due to a normal short lead-time prior to the necessity for activating flight operations, shall have a site approval process with each proposal evaluated by the Department based upon the application. Applicants for a temporary, public or private airport site approval should contact the Department at the earliest opportunity to present their requirements and request a site proposal review and Department approval or disapproval.

(4) Conditions for Site Approval. The Department shall grant site approval for a proposed airport that complies with all the requirements of Section 330.30, F.S., subject to any reasonable conditions necessary to protect the public health, safety, or welfare. Such conditions shall include operations limited to VFR flight conditions, restricted approach or takeoff direction from only one end of a runway, specified air-traffic pattern layouts to help prevent mid-air collision conflict with aircraft flying at another nearby airport, airport noise abatement procedures in order to satisfy community standards, or other environmental compatibility measures.

(5) Public Airport Site Approval. Public airport site approval applications shall be accompanied by the following supporting documentation to allow the Department to make its airport site approval determination and to ensure the applicant’s satisfaction of conditions stated in subsection 14-60.005(4), F.A.C., above:

(a) Property Rights. Provide a copy of written legal confirmation of ownership, option to buy, or lease agreement for the real property that comprises the site on which the proposed airport would be located. Although adequate safety areas surrounding an airport site are important and a factor in the Department’s approval determination, the applicant is not required to hold property rights over those real property areas that would constitute runway approach surfaces.

(b) Facility Diagram. Provide a scale drawing showing the size and dimensions of the proposed facility; property rights of way and easements; lighting, power, and telephone poles; location of building(s) on property and surrounding areas; and direction, distance, and height of all structures over 25 feet within 1,000 feet of the site perimeter.

(c) Geodetic Position. Provide a copy of a U.S. Geological Survey quadrangle map or equivalent with the proposed site plotted to the nearest second of latitude and longitude.

(d) Location Map. Provide a copy of a map or sketch, at least 8.5 x 11 inches in size, showing the location of the proposed site, with respect to recognizable landmarks and access roads to the site clearly marked.

(e) Aviation Facilities. Provide a list of names and mailing addresses for adjacent airports, including a sample copy of the letter submitted as proposal notification to these airports, and attach a copy of all airport reply correspondence.

For a proposed airport or seaplane landing facility, list all VFR airports and heliports within five nautical miles and all IFR airports within 20 nautical miles.
For a proposed heliport, list all VFR airports and heliports within three nautical miles and all IFR airports within 10 nautical miles.

(f) Local Government. Provide a copy of each of the letters of notification, showing the recipient’s name and mailing address, that have been submitted to each zoning authority having jurisdiction, for the municipality and county in which the site lies or which is located within five nautical miles of the proposed airport site. The applicant shall also include a copy of all related correspondence from each city or county authority, including a statement that the proposed airport site is in compliance with local zoning requirements or that such requirements are not applicable.

(g) Adjacent Property. Provide a list of the names and mailing addresses of all real property owners within 1,000 feet of the airport site perimeter, or within 300 feet of the heliport or helistop site perimeter, including a single copy of the letter of notification submitted as notification to these adjacent real property owners, and include a copy of all real property owner correspondence in reply. If notification was provided by a local government as part of its review and approval process for the airport, provide written confirmation of the fact, in lieu of the above required submittal by the applicant.

(h) Public Notice. Provide a copy of the notice and of the letter, showing the recipient’s name and mailing address, requesting publication of notification of the proposed airport site in a newspaper of general circulation in the county in which the proposed airport site is located and counties within five nautical miles of the proposed airport site. If this condition has been accomplished by a local government as part of its review and approval process for the airport, provide written confirmation of the fact, in lieu of the above required submittal by the applicant.

(i) Waste Sites. Provide written confirmation that the runway(s) on the proposed airport would not be located within 5,000 feet of any solid waste management facility for a proposed airport serving only non-turbine aircraft, or within 10,000 feet of any solid waste management facility for a proposed airport serving turbine-driven aircraft.

(j) Air Traffic Pattern. Provide written confirmation, including a graphical depiction, demonstrating that safe air traffic patterns can be established for the proposed airport with all existing and approved airport sites within three miles of the proposed airport site. Provide a copy of written memorandum(s) of understanding or letter(s) of agreement, signed by each respective party, regarding air traffic pattern separation procedures between the parties representing the proposed airport and any existing airport(s) or approved airport site(s) located within three miles of the proposed site.

(k) Safety Factors. Provide written confirmation that the runway and taxiway design criteria and airport design layout of the proposed airport have appropriately taken into account consideration of the manufacturer’s performance characteristics for the type(s) of aircraft planned to be operated; the frequency and type(s) of flight operations to be anticipated; planned aviation-related or non-aviation activities on the airport; and any other safety considerations, as necessary, to help ensure the general public health, safety, and welfare of persons located on or near the airport.

(l) Security Factors. Provide written confirmation that the proposed airport site owner or lessee will take appropriate steps to help protect the general public health, safety, and welfare through secure airport operations and that they will develop and implement adequate airport security measures to safeguard airport and aviation-related assets from misappropriation or misuse in order to prevent potential loss or public endangerment.

(m) FAA Approval. Provide a copy of the notification to the FAA regarding the proposed airport site and a copy of the FAA’s airspace approval correspondence given in response.

(6) Private Airport Site Approval. Private airport site approval applications, as stated in paragraph 14-60.005(3)(b), F.A.C., above, are subject to the same requirements for approval as stated for public airport site approval applicants in paragraphs 14-60.005(5)(a)-(m), F.A.C., above. However, private airport site approval applicants are required only to respond to interactive inquiries on the specified Department private airport website. Private airport applicants are not required to submit a hard copy, written site approval application nor supporting documentation, as required of public airports. However, all private airport site approval applicants shall retain for their records all of the required documentation related to the site approval application, in order to be able to respond to any possible future local, state, or federal inquiry.

(a) The Private Airport Registration and Site Approval website (http://www.florida-aviation-database.com/) uses a series of interactive screens to provide information and receive input from private airport owners. To begin the process, general airport site approval information is provided in narrative outline form as an overview of the process, listing requirements included in paragraphs 14-60.005(5)(a)-(m), F.A.C.

(b) In keeping with the legislative requirement for controlled electronic access to the state aviation database, the Department’s site uses a “User ID” and “Password” system. New users will be required to “Create an Account” online by providing essential information: name, address, telephone number, and e-mail address. The website will respond providing an initial “User ID” and “Password” for the user to complete the site approval process.

(c) The airport site approval screen asks the user to input data related to type of facility (airport, heliport, or ultralight); proponent information (name, address, phone number, fax number, and e-mail address); facility data (facility name, physical location, geographical location – latitude, longitude, and elevation, and primary type of facility use); and landing area data (runway/helipad magnetic bearing, length, width, and type of surface – paved/unpaved).

(d) The user certifies the accuracy of the information and data entered on the screen and submits the information to the Department.

(e) Approval or denial of the airport site approval application is issued by the Department via e-mail to the applicant’s e-mail address, along with an airport site approval order, if granted.

(7) Department Site Approval Process. The Department process for determining the approval or disapproval of an airport site application will vary by type of airport proposed, as follows:

(a) Department Process for Public Airports. The Department shall conduct a review and detailed audit, as necessary, of the submitted airport site approval application and all required supporting documentation for accuracy and completeness. Failure of the applicant to provide a complete application by the conclusion of this period shall result in the Department returning the application to the applicant without action. Site approval shall be granted for public airports only after the Department determines the conditions of subsection 14-60.005(4), F.A.C., above, are satisfied and only after favorable completion of a physical inspection of the proposed public airport site by Department authorized personnel.

Following issuance of the public airport site approval order, the Department shall place an announcement in the Florida Administrative Register. In order to allow for required administrative processing and publishing lead times, 45 days shall be allowed from the date of issuance until the effective date of the public airport site approval order.
From the date of publication of the Florida Administrative Register containing the public airport site approval order announcement, 21 days shall be allowed for the public to petition the Department for an administrative hearing pursuant to Section 120.57(1), F.S.

a. If a petition for administrative hearing is not filed, the public airport site approval order shall take effect 45 days after the date of its issuance.

b. If a petition for administrative hearing is filed, the public site approval order shall not take effect 45 days after the date of its issuance, but shall be held in abeyance pending the outcome of the administrative hearing. The Department will provide notification to the applicant stating that a petition has been filed and that the public airport site approval order effective date is pending the outcome of the administrative hearing.

Any public airport limited exclusively to the specific, reasonable conditions stated on its site approval order imposed by the Department to protect public health, safety, or welfare, shall be designated a “Limited Airport.”

(b) Department Process for Private Airports. The Department shall conduct a review and detailed audit, as necessary, of the private airport site application information, submitted via the specified electronic internet-based website. Incomplete information will preclude the Department from further processing and the applicant will be notified of application deficiencies. Site approval shall be granted for private airports only after the requirements of subsection 14-60.005(4), F.A.C., above, have been met. Physical inspection of the private airport site is not required.

The Department shall place an announcement in the Florida Administrative Register of the issuance of the private airport site approval order.
From the date of publication of the Florida Administrative Register containing the private airport site approval order announcement, 21 days shall be allowed to petition the Department for an administrative hearing pursuant to Chapter 120, F.S.

a. If a petition for administrative hearing is not filed, the private airport site approval order shall take effect 45 days after the date of its issuance.

b. If a petition for administrative hearing is filed, the private airport site approval order shall not take effect but shall be held in abeyance pending the outcome of the administrative hearing. The Department will provide notification to the applicant stating that a petition has been filed and that the private airport site approval order effective date is pending the outcome of the administrative hearing.

Any private airport limited exclusively to the specific, reasonable conditions stated on its site approval order imposed by the Department to protect public health, safety, or welfare, shall be designated a “Limited Airport.”

(c) Department Process for Temporary Airports. The Department shall conduct a review and detailed audit, as necessary, of the information submitted by temporary, public or private airport applicants. Site approval shall be granted for temporary airports only after the requirements of subsection 14-60.005(4), F.A.C., above, have been met. Physical inspection of the site is not required. Additionally, due to the short lead time and duration, as well as urgent requirements often related to a temporary airport the Department will not publish announcement for public review and comment regarding its issuance of a temporary airport site approval order. Temporary airport site approval orders shall take effect concurrent with the date of issuance.

(8) Airport Site Approval Order.

(a) Issuance. The Department approval of a proposed public or private airport site shall be documented by issuance of an airport site approval order, which shall remain valid for a period of two years from its effective date and which can be extended for subsequent periods of two years, provided conditions for site approval that led to the initial approval of the site have not changed to a degree that would cause the Department to now deny a site approval. Special conditions imposed on the site approval order must be satisfied prior to airport licensing or registration.

(b) Revocation. The Department shall revoke a site approval order, if it determines:

That the site has been abandoned as an airport site.
That the site has not been developed as an airport within two years of the issuance of the site approval, unless revoked by the Department prior to expiration or development does not comply with conditions of the site approval.
That aircraft have operated on the site prior to airport licensing or registration, except as required for an in-flight emergency.
That the site is no longer usable for aviation purposes due to physical or legal changes in conditions that were the subject of the approval granted.

History

Rulemaking Authority 330.29(4), 334.044(2) FS. Law Implemented 330.29, 330.30, 333.03(2), 330.39 FS. History–New 10-29-65, Amended 7-13-71, Revised 11-23-72, Amended 7-18-73, 4-18-76, 11-19-81, 1-8-85, Formerly 14-60.05, Amended 12-26-95, 2-11-97, 10-10-04.

Fla. Admin. Code R. 14-60.006 Airport Licenses and Registrations

(1) Licensing and Registration Requirement. Except for the exemptions provided in Rule 14-60.003, F.A.C., above, or in the event of an in-flight emergency, the owner or lessee of any airport in the state of Florida shall have either an airport license or airport registration prior to the operation of aircraft at the site. Application for a license or registration shall be made in a format and manner prescribed by the Department. There are no monetary fees required for airport licensing or registration services.

(a) Public Airport. Public airports shall be licensed after the site approval is granted by the Department, including completion of the public announcement and physical airport inspection process, if the Department finds the facility to be in compliance with all requirements for the license. The license shall be subject to any conditions that are necessary to protect the public health, safety, or welfare. Such conditions shall include the requirement to remove natural growth obstructions, relocate aircraft parking sites beyond runway protective boundaries, or provide aircraft warning lights on structures in close proximity to the runway or potential ground hazards.

(b) Private Airport. Private airports shall be registered on the Private Airport Registration and Site Approval Website (http://www.florida-aviationdatabase.com) after the site approval is granted by the Department, including completion of the public announcement process, if the facility is in compliance with all requirements for registration, including self-certification by the registrant of operational and configuration data necessary to ensure compliance with Chapter 330, F.S., and this rule chapter.

Private airport owners who have previously received airport site approval through that process will subsequently use their “User ID” and “Password” to access the private airport registration screen available online.
The private airport registration screen includes information regarding the private airport: facility name, type of facility, dates related to the site approval process, dates related to the registration process (including expiration date); contact name, address, phone and fax numbers, and e-mail address; facility and runway data.
The user certifies the accuracy of the information and data entered on the screen and submits the information to the Department.
Private airport owners are encouraged to provide updates of airport and contact information at any time it occurs to ensure the Department has accurate and current information. Any update automatically renews the airport’s registration for a two-year period from the date of update and that information will be reflected on the website, including a new expiration date.
Information regarding the facility’s location with respect to county, latitude, longitude, and field elevation can only be updated directly by the Department in order to ensure compatibility of critical data with the FAA’s airport database. Private airport owners should contact the Department to make any changes in this facility data.

(c) Temporary Airport. Temporary public or private airports shall be initially licensed or registered, respectively, after the site approval is granted by the Department, if the Department finds that the airport will not endanger the public health, safety, or welfare and the airport meets the temporary airport requirements established by the Department.

(2) Airport Licensing. The following provisions apply to airport licensing:

(a) Each airport license shall show its effective date and expiration date, which shall be no later than one year after the effective date of the license. However, the Department is authorized to adjust the expiration date of a license to provide a maximum license period of 18 months if necessary to facilitate airport inspections, recognize seasonal operations, or improve administrative efficiency.

(b) The airport owner or lessee is responsible for requesting annual renewal of the airport license, coordinating an airport inspection, and correcting any airport deficiencies in sufficient time in advance to preclude license expiration. Written renewal requests shall be submitted to the Airport Inspection and Safety Manager at the address above in paragraph 14-60.005(3)(a), F.A.C., by the public airport owner, lessee, or manager at least 90 days prior to the license expiration date.

(c) The Department or its authorized representative will coordinate with the airport owner, lessee, or manager to establish a date and time for the annual inspection. The airport owner, lessee, manager, or a designated representative of the airport shall be made available to accompany the inspector at the time of the inspection in order to participate in the airport inspection. The Department’s authorized representative shall have the authority to conduct an inspection of the airport at any time with or without advance notification to the airport owner, lessee, or manager and with or without being accompanied by the airport owner, lessee, manager, or designated representative.

(d) An airport license shall be renewed following a favorable physical inspection, if the Department finds the facility to be in compliance with all requirements for the license.

(e) Any anticipated change in ownership of the airport shall be reported, in writing, to the Airport Inspection and Safety Manager in the Department at the address in paragraph 14-60.005(3)(a), F.A.C., above, at least 90 days prior to the effective date of change of ownership or as soon as possible in order to initiate the license renewal process in the name of the new owner and to ensure the airport license is not allowed to expire.

(f) All airport licenses issued under this section, together with any conditions attached thereto, shall be posted in a prominent place at the airport, accessible to the public. Any limitations on the use of the airport shall be posted adjacent to or on the license.

(g) The Department shall only license an airport that meets established standards unless the Department determines that an airport’s exception to established standards is justified by unusual circumstances or is in the interest of public convenience and does not endanger the public health, safety, or welfare. Such a license shall bear the designation “Special” and shall state the conditions to which the license is granted.

(h) Any licensed airport limited exclusively to the specific, reasonable conditions stated on its airport license, necessary to protect public health, safety, or welfare, shall be designated a “Limited Airport.”

(3) Airport Registration. The following provisions apply to airport registration:

(a) The expiration date of the current registration period will be clearly identifiable from the state aviation facility data system. The ability to re-certify registered airport data shall be available at all times by electronic submittal, using controlled access, via the Department interactive website.

(b) A private airport registration that has not been re-certified in the 24-month period following the last certification shall expire, unless the Department has adjusted the registration period for purposes of informing private airport owners of their registration responsibilities or promoting administrative efficiency.

(c) Registration of an airport shall remain valid provided specific contact information and airport data elements, as required by the Department, are periodically re-certified by the airport registrant; including data related to the airport owner/lessee and facility, e.g., owner/lessee name and mailing address, airport name and physical location address, phone, fax, e-mail, and number of runways with length, width, and surface type.

(d) Any registered airport limited exclusively to the specific conditions stated on its airport registration necessary to protect public health, safety, or welfare, shall be designated a “Limited Airport.”

(4) Private Airport “Licensing Option.” The following provisions are applicable to the option for a private airport to request airport licensing in lieu of airport registration:

(a) Any private airport with ten or more based aircraft may request to be licensed by the Department, in lieu of registration.

(b) Private airport owners shall provide written correspondence to the Airport Inspection and Safety Manager of the Department at the address in paragraph 14-60.005(3)(a), F.A.C., above, to request this option.

(c) Any eligible private airport, choosing this option, shall be subject to all of the inspection and licensing procedures contained in this rule chapter that are applicable to all licensed airports.

(d) Department airport licensing standards against which a private airport will be evaluated and will be held accountable in the inspection and airport licensing process shall be the same as those airport standards that are applicable to all licensed airports.

(e) In the case of a proposed new private airport choosing this option for inspection and licensing, the site approval process by the Department shall be in accordance with the procedures contained in this rule chapter for all registered private airports.

(f) Airports licensed according to this exception shall be considered private airports, as defined in Section 330.27, F.S., in all other respects and shall not be open for public use.

(g) Any private airport having been previously licensed at its request under this option, which is later unable to continue to comply with airport licensing standards or is unable to maintain the required number of based aircraft shall be reverted by the Department from a licensed airport to registered airport category.

(h) Any private airport having been previously licensed at its request under this option, which subsequently desires to withdraw its prior request to be licensed, shall provide written correspondence to the Airport Inspection and Safety Manager in the Department at the address in paragraph 14-60.005(3)(a), F.A.C., above, to request this private airport be reverted from a licensed airport to the registered airport category.

(5) Temporary Airports. The following provisions apply to temporary, public or private airports:

(a) A temporary, public or private airport license or registration shall be valid only for less than 30 consecutive calendar days.

(b) A temporary, public or private airport license or registration shall not be renewable for any consecutive periods of activation. Recurring requirements for temporary, public or private airport license or registration for an airport at the same general location will be considered by the Department on a case-by-case basis.

(6) Conditions for Revoking a License or Registration. The Department will revoke or refuse to allow or issue any airport license or license renewal, or any airport registration or re-certification, if the Department determines that any of the following conditions exist or apply:

(a) That the airport registration has not been accomplished within 15 days after the date of expiration.

(b) That the Department has not received an application for renewal of an airport license within 15 days after the date of expiration.

(d) That the airport does not comply with the conditions of the license, license renewal, or site approval.

(e) That the airport has become either unsafe or unusable for flight operations due to the physical or legal changes in conditions that were the subject of approval.

History

Rulemaking Authority 330.29(4), 334.044(2) FS. Law Implemented 330.29, 330.30 FS. History–New 10-29-65, Amended 7-13-71, 11-23-72, 6-23-76, 11-19-81, 1-8-85, Formerly 14-60.06, Amended 12-26-95, 2-11-97, 10-10-04.

Fla. Admin. Code R. 14-60.007 Airfield Standards for Licensed Airports

Airports fulfilling the requirements of Title 14, C.F.R., Aeronautics and Space, Chapter 1, Federal Aviation Regulations, Federal Aviation Administration, Department of Transportation, Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers, dated January 1, 2004, incorporated herein by reference, airport certification program shall be considered to meet the minimum standards for licensed airports shown below. All airports licensed by the state of Florida, whether public or private, shall comply with the following minimum airfield standards.

(1) Minimum Landing Area Dimensions for Licensed Airports. Runway design must take into consideration the manufacturer’s performance characteristics for the type(s) of aircraft planned for flight operations, as provided by the airport applicant. Runway length must be compatible with the operational and weight characteristics of the aircraft in use. The final decision to attempt a takeoff or landing on a runway of any particular size is ultimately the responsibility of the pilot, who knows the aircraft’s performance capabilities and limitations. However, in order to promote a consistent level of safety throughout the Florida Aviation System, all airports licensed by the state of Florida must comply with the following minimum landing area dimensions, i.e., effective landing area length and minimum landing area width, for the type of landing area shown below:

(a) Runway. The minimum effective landing area length shall be 2,400 feet and the minimum landing area width shall be 60 feet.

(b) Short Field Runway. The minimum effective landing area length shall be 800 feet and the minimum landing area width shall be 60 feet.

(c) Ultralight. The minimum effective landing area length shall be 300 feet and the minimum landing area width shall be 150 feet.

(d) Seaplane. The minimum effective landing area length shall be 2,500 feet and the minimum landing area width shall be 200 feet. Seaplane landing areas shall have a minimum water depth of three feet.

(e) Helipad. The minimum effective landing area length shall be 24 feet and the minimum landing area width shall be 24 feet.

Table 1

Licensed Airports

Minimum Landing Area Dimensions

Landing Area Type

Effective Landing Area Length

Minimum Landing Area Width

Runway

2,400 feet

60 feet

Short Field Runway

800 feet

60 feet

Ultralight

300 feet

150 feet

Seaplane*

2,500 feet

200 feet

Helipad

24 feet

*Seaplane landing areas shall have a minimum water depth of three feet.

(2) Landing and Surface Areas for Licensed Airports.

(a) Applicability. The provisions of this section related to licensed airport landing and surface areas are applicable to airport licensing standards and do not apply to airspace obstruction evaluation or permitting provisions in Chapter 333, F.S., “Airport Zoning,” or Rule 14-60.009, F.A.C., “Airspace Protection.”

(b) Primary Surface. The “Primary Surface” is a defined surface area that surrounds and protects the landing area. The dimensions of the primary surface vary by type of landing area, weight of the landing aircraft, visibility, and the type of landing approach.

Airport primary surfaces are rectangular in shape and run longitudinally along the length of the centerline and on either side of the runway. The elevation of any point on the airport primary surface is the same as the elevation of the nearest point on the runway centerline. The consistent width of the primary surface of a runway shall be that width required for the most precise approach for either end of that runway. The following licensed airport primary surface standards apply:

a. For a runway that is not paved, that is to be used by an aircraft of any weight, and that has a visual landing approach: the length of the primary surface is the length of the runway, terminating at the end of the runway and the width of the primary surface is 250 feet.

b. For a runway that is paved, that is to be used by an aircraft that weighs less than or equal to 12,500 pounds, and that has a visual landing approach: the primary surface extends the length of the runway plus 200 feet beyond each end of the runway and the width of the primary surface is 250 feet.

c. For a runway that is paved, that is to be used by an aircraft that weighs less than or equal to 12,500 pounds, and that has a non-precision instrument approach: the primary surface extends the length of the runway plus 200 feet beyond each end of the runway and the width of the primary surface is 500 feet.

d. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a visual landing approach: the primary surface extends the length of the runway plus 200 feet beyond each end of the runway and the width of the primary surface is 500 feet.

e. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a non-precision instrument approach with visibility greater than 3/4 mile: the primary surface extends the length of the runway plus 200 feet beyond each end of the runway and the width of the primary surface is 500 feet.

f. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a non-precision instrument approach with visibility equal to 3/4 mile: the primary surface extends the length of the runway plus 200 feet beyond each end of the runway and the width of the primary surface is 1,000 feet.

g. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a precision instrument approach: the primary surface extends the length of the runway plus 200 feet beyond each end of the runway and the width of the primary surface is 1,000 feet.

h. For an ultralight landing area, that is to be used by an ultralight aircraft, and that has a visual landing approach: the length of the primary surface is the length of the runway, terminating at the end of the runway and the width of the primary surface is 150 feet.

i. For a seaplane landing area with markers designating the waterway landing and takeoff area and that has a visual landing approach: the length of the primary surface is the length of the waterway, terminating at the end of the waterway and the width of the primary surface is 250 feet.

j. For a seaplane landing area with no markers designating the waterway landing and takeoff area: the primary surface is not applicable.

Heliport primary surfaces have an area that coincides in size and shape with the designated helicopter FATO. The elevation of the heliport primary surface is a horizontal plane at the elevation of the established heliport elevation. The following licensed heliport primary surface standards apply:

a. For a heliport with a visual landing approach: the primary surface length and width are 42 feet each.

b. For a heliport with a non-precision instrument approach: the primary surface length and width are 500 feet each.

c. For a heliport with a precision instrument approach: the primary surface length and width are 1,000 feet each.

(c) Approach Surface. The approach surface is a defined surface area that surrounds and protects the landing approach area. The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from each end of the runway primary surface. The approach surface horizontal component is trapezoidal in shape with the inner width equal to the width of the primary surface. The outer width flares outward to a greater width depending on the type of landing area, weight of the landing aircraft, visibility, and the type of landing approach. Additionally, the outer width of an approach surface to an end of a runway shall be that width required for the most precise landing approach for that runway end. The approach surface also has a vertical component given by a “ratio,” such as 20:1, which means that for every 20 feet measured, horizontally, the vertical component increases one foot upward. A specific approach surface is applied to each end of each runway based upon the type of landing approach existing or planned for that specific runway end, meaning that different approach surface dimensions and ratios can exist at opposite ends of the same runway.

The following licensed airport approach surface standards apply:

a. For a runway that is not paved, that is to be used by an aircraft of any weight, and that has a visual landing approach: the approach surface ratio is 20:1, the length is 5,000 feet, the inner width is 250 feet, and the outer width of the approach surface is 1,250 feet.

b. For a runway that is paved, that is to be used by an aircraft that weighs less than or equal to 12,500 pounds, and that has a visual landing approach: the approach surface ratio is 20:1, the length is 5,000 feet, the inner width is 250 feet, and the outer width of the approach surface is 1,250 feet.

c. For a runway that is paved, that is to be used by an aircraft that weighs less than or equal to 12,500 pounds, and that has a non-precision instrument approach: the approach surface ratio is 20:1, the length is 10,000 feet, the inner width is 500 feet, and the outer width of the approach surface is 2,000 feet.

d. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a visual landing approach: the approach surface ratio is 20:1, the length is 5,000 feet, the inner width is 500 feet, and the outer width of the approach surface is 1,500 feet.

e. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a non-precision instrument approach with visibility greater than 3/4 mile: the approach surface ratio is 34:1, the length is 10,000 feet, the inner width is 500 feet, and the outer width of the approach surface is 3,500 feet.

f. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a non-precision instrument approach with visibility equal to 3/4 mile: the approach surface ratio is 34:1, the length is 10,000 feet, the inner width is 1,000 feet, and the outer width of the approach surface is 4,000 feet.

g. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a precision instrument approach: the approach surface ratio is 50:1 for the first 10,000 feet then the ratio is 40:1 for an additional 40,000 feet, the inner width is 1,000 feet, and the outer width of the approach surface is 16,000 feet.

h. For an ultralight landing area with an ultralight aircraft and that has a visual landing approach: the approach surface ratio is 15:1, the length is 2,500 feet, the inner width is 150 feet, and the outer width of the approach surface is 625 feet.

i. For a seaplane landing area with markers designating the waterway landing and takeoff area and that has a visual landing approach: the approach surface ratio is 20:1, the length is 5,000 feet, the inner width is 250 feet, and the outer width of the approach surface is 1,250 feet.

j. For a seaplane landing area with no markers designating the waterway landing and takeoff area: the approach surface is not applicable.

The following licensed heliport approach surface standards apply:

a. For a heliport with a visual landing approach: the approach surface ratio is 8:1, the length is 4,000 feet, the inner width is 42 feet, and the outer width of the approach surface is 500 feet.

b. For a heliport with a non-precision instrument approach: the approach surface ratio is 34:1, the length is 10,000 feet, the inner width is 500 feet, and the outer width of the approach surface is 5,000 feet.

c. For a heliport with a precision instrument approach: the approach surface ratio is 50:1, the length is 25,000 feet, the inner width is 1,000 feet, and the outer width of the approach surface is 6,000 feet.

(d) Transition Surface. The transition surface is a defined surface area that surrounds and protects the lateral boundaries of the primary and approach surfaces. The transition surface extends outward and upward at right angles to the runway centerline and the extended runway centerline at a specified ratio from the sides of the primary surface and from the sides of the approach surface. The transition surface has a vertical component given by a “ratio,” such as 7:1, which means that for every 7 feet measured horizontally, the vertical component increases one foot upward. The horizontal component extends laterally a specified horizontal distance or to an unspecified horizontal distance at which a specified height of the vertical component is attained. The dimensions of the transition surface vary by type of landing area, weight of the landing aircraft, visibility, and the type of landing approach.

The following licensed airport transition surface standards apply:

a. For a runway that is not paved, that is to be used by an aircraft of any weight, and that has a visual landing approach: the transition surface is not applicable.

b. For a runway that is paved, that is to be used by an aircraft that weighs less than or equal to 12,500 pounds, and that has a visual landing approach: the transition surface is not applicable.

c. For a runway that is paved, that is to be used by an aircraft that weighs less than or equal to 12,500 pounds, and that has a non-precision instrument approach: the transition surface ratio is 7:1 and the horizontal length is to the point where the vertical height component is 150 feet.

d. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a visual landing approach: the transition surface is not applicable.

e. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a non-precision instrument approach with visibility greater than 3/4 mile: the transition surface ratio is 7:1 and the horizontal length is to the point where the vertical component is 150 feet.

f. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a non-precision instrument approach with visibility equal to 3/4 mile: the transition surface ratio is 7:1 and the horizontal length is to the point where the vertical component is 150 feet.

g. For a runway that is paved, that is to be used by an aircraft that weighs greater than 12,500 pounds, and that has a precision instrument approach: the transition surface ratio is 7:1 and the horizontal length is to the point where the vertical height component is 150 feet.

h. For an ultralight landing area with an ultralight aircraft and that has a visual landing approach: the transition surface is not applicable.

i. For a seaplane landing area with markers designating the waterway landing and takeoff area and that has a visual landing approach: the transition surface is not applicable.

j. For a seaplane landing area with no markers designating the waterway landing and takeoff area: the transition surface is not applicable.

The following licensed heliport transition surface standards apply:

a. For a heliport with a visual landing approach: the transition surface ratio is 2:1, which extends horizontally for a distance of 250 feet.

b. For a heliport with a non-precision instrument approach: the transition surface ratio is 4:1, which extends horizontally for a distance of 350 feet.

c. For a heliport with a precision instrument approach: the transition ratio is 7:1, which extends horizontally for a distance of 350 feet.

Table 2

Licensed Airports

Landing and Surface Areas

Landing Area

Primary Surface

Approach Surface

Transition Surface

Surface

Approach

Length

Width

Ratio

Length

Width

Ratio

Distance

Inner

Outer

Not Paved

Visual

End of Runway

250 feet

20:1

5,000 feet

250 feet

1,250 feet

N/A

Paved & Aircraft Weight

< = 12,500 Pounds

Visual

200 feet Beyond End of Runway

250 feet

20:1

5,000 feet

250 feet

1,250 feet

N/A

Non Precision

500 feet

20:1

10,000 feet

500 feet

2,000 feet

7:1

150 feet Vertical

Paved & Aircraft Weight > 12,500 Pounds

Visual

200 Feet Beyond End of Runway

500 feet

20:1

5,000 feet

500 feet

1,500 feet

N/A

Non Precision Visibility > 3/4 Mile

500 feet

34:1

10,000 feet

500 feet

3,500 feet

7:1

150 feet Vertical

Non Precision Visibility = 3/4 Mile

1,000 feet

34:1

10,000 feet

1,000 feet

4,000 feet

7:1

150 feet Vertical

Precision

1,000 feet

50:1 Then 40:1

10,000 feet Then 40,000 feet

1,000 feet

16,000 feet

7:1

150 feet

Vertical

Helicopter Final Approach and Takeoff Area (FATO)

Visual

42 feet

8:1

4,000 feet

42 feet

500 feet

2:1

250 feet Vertical

Non Precision

500 feet

34:1

10,000 feet

500 feet

5,000 feet

4:1

350 feet Vertical

Precision

1,000 feet

50:1

25,000 feet

1,000 feet

6,000 feet

7:1

350 feet Vertical

Ultralight Area

Visual

End of Runway

150 feet

15:1

2,500 feet

150 feet

625 feet

N/A

Seaplane Marked

Visual

End of Runway

250 feet

20:1

5,000 feet

250 feet

1,250 feet

N/A

Seaplane Not Marked

Visual

N/A

(3) Thresholds and Displaced Thresholds for Licensed Airports. The threshold is the beginning of that portion of the runway available for landing. Any obstacle, natural or manmade, in the landing approach path to the runway that, because of its height, penetrates through the specified approach ratio to that runway constitutes an obstruction and a hazard to air navigation. Until the hazardous obstruction is removed, it shall be necessary to adjust the approach path by moving or displacing that threshold point down the length of the runway to some “Displaced Threshold” position, at which safe aircraft passage above the obstruction is assured.

(a) For visual runways, a minimum 20:1 approach ratio to the threshold or displaced threshold shall be maintained. If the approach ratio is less than 20:1 to the threshold or displaced threshold, the runway shall be displaced the distance necessary to maintain a 20:1 ratio. If the displaced threshold location reduces the effective runway length below the minimum effective length requirements, that end of the runway shall be closed until the obstruction causing the displacement is removed.

(b) For instrument runways, the approach ratio for determining the location of the displaced threshold shall be determined by the maximum instrument approach category; 20:1 for utility, non-precision approach runways; 34:1 for other than utility, non-precision approach runways; and 50:1 for precision approach runways.

(4) Vertical Approach Clearance for Licensed Airports. When the landing approach to any runway crosses a road, railroad, traverseway, or waterway, the aircraft landing approach glide path shall provide the following minimum vertical clearance over ground objects:

(a) Seventeen feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where over-crossings are designed for a minimum of 17 feet vertical distance.

(b) Fifteen feet for any other public roadway.

(c) Ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.

(d) Twenty-three feet for a railroad.

(e) For a waterway or any other traverseway not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.

(5) Runway Safety Areas for Licensed Airports. The runway safety area is a defined surface surrounding the runway designed to provide an additional measure of safety by being a specially prepared or a suitable ground surface intended to reduce the risk of damage to aircraft in the event of an undershoot, overshoot, or excursion from the runway. The following licensed airport runway safety area standards apply:

(a) Runway (Not Paved). For a runway that is not paved, the runway safety area shall have a length equal to the length of the runway, terminating at the end of the runway, and the runway safety area shall have a width of 120 feet.

(b) Runway (Paved). For a runway that is paved, the runway safety area shall have a length that extends the length of the runway plus 240 feet beyond each end of the runway and the runway safety area shall have a width of 120 feet.

(c) Ultralight Landing Area. An ultralight landing area shall have a runway safety area whose length is 300 feet and width is 150 feet.

(d) Heliport. A heliport shall have a runway safety area whose length extends 20 feet beyond the FATO and width extends 20 feet beyond the FATO.

(e) Seaplane. A seaplane landing area shall be exempt from the requirement for having a runway safety area.

Table 3

Licensed Airports

Runway Safety Areas

Landing Area Type

Safety Area Length

Safety Area Width

Runway (Not Paved)

End of Runway

120 feet

Runway (Paved)

240 feet

Beyond End of Runway

120 feet

Ultralight

300 feet

150 feet

Heliport

20 feet

Beyond FATO

20 feet

Beyond FATO

Seaplane

N/A

(6) Runway Pavement Standards for Licensed Airports. Pavement Condition Index. The “Pavement Condition Index” (“PCI”) value is an indicator of the integrity and viability of a runway surface with a focus on pavement cracking, swelling, rutting, and depressions. For runway pavement, the value indicates the capability of the runway surface, in contact with aircraft tires, to provide a suitable environment for maintaining aircraft directional control, which may be adversely affected by runway undulations, or for preventing foreign object damage. Foreign object damage can result from pavement spalling, which may dislodge small or large pieces of pavement that could severely damage aircraft control surfaces or propellers, penetrate aircraft wing or fuselage surfaces protecting flammable fuel tanks or other critical components, or be ingested into turbo-jet or turboprop-jet engine intakes with potential catastrophic loss of power during critical phases of flight.

(a) The standard measurement of PCI results in seven ratings from “Excellent” to “Failed,” as shown in Table 4, below. Industry standards to objectively and consistently characterize and evaluate runway pavements are available from the American Society of Testing Material as ASTM Standard D 5340-03 “Standard Test Method for Airport Pavement Condition Index Surveys,” dated 2003, incorporated herein by reference. A runway PCI value of 10 or below indicates that the pavement has deteriorated significantly and the runway pavement shall be considered by the Department to not meet acceptable licensed airport standards.

(b) Temporary remedies may include displacement of the threshold, shortening the length of the runway to no less than the minimum effective length as shown in subsection 14-60.007(1), F.A.C., or closing the runway until permanent corrective action can be completed.

(c) Depending on the number of runways available and the extent of pavement condition index deficiencies, failure to implement temporary or permanent remedies will result in the Department revoking the airport license on the ground that the airport has become unusable due to unsafe conditions per paragraph 14-60.006(6)(e), F.A.C.

Table 4

Licensed Airports

Pavement Condition Index

Qualitative Rating

PCI Value

Minimum

Maximum

Excellent

100

Very Good

Good

Fair

Poor

Very Poor

Failed

(7) Airfield Improvements for Licensed Airports. All licensed airports shall comply with paragraphs (a) through (f), below. Licensed airports that include a seaplane landing area shall comply with paragraphs (a) through (g), below:

(a) At least one 15-knot, 8-foot long windsock shall be installed at the airport. The windsock shall be lighted if the landing area is lighted.

(b) Any aircraft tie-downs or moorings used to secure aircraft shall be located outside of the landing area, primary surface, and transition surface areas.

(c) Airport operators shall be required to establish and enforce effective control of unauthorized vehicles and pedestrian access within the aircraft movement areas.

(d) Except at ultralight flightparks, an approved 75-foot diameter airport circle marker (segmented circle), including aircraft traffic pattern indicators, shall be installed at airports without control towers, which have other than standard traffic patterns. The segmented circle shall be lighted, if the landing area is lighted.

(e) At least two category 80-B-C, or higher, type fire extinguishers shall be available at the airport, readily accessible, operationally functional, bear an unbroken seal, and be located in an area clearly identified to the public.

(f) An operational public telephone shall be available at the airport on a 24-hour basis and its location shall be clearly identified to the public.

(g) Airports having seaplane landing areas shall have at least one U.S. Coast Guard approved life preserver of the ring or throwing type with a retrieval line attached to each, readily available during hours of operation.

(8) Additional Responsibilities for Licensed Airport.

(a) Airport hazards determined to exist by the Department shall be removed.

(b) Obstructions shall be marked and/or lighted in accordance with Rule 14-60.009, F.A.C., and for those obstructions to which Section 333.025, F.S., applies, shall be permitted pursuant to that section, or may be subject to variance under a local zoning ordinance.

(c) The airport licensee shall notify the Department, in writing, at least 60 days before any scheduled construction, alteration, improvements, major repairs, or modification to the size or shape of the landing area is begun. Any such requirements made necessary by emergency or unforeseen circumstances shall be given verbally to the Department, as soon as possible, and be followed by written notification within seven calendar days.

(d) The owner or lessee shall maintain the field in a usable condition. If the airport becomes dangerous or is not usable, it shall be the responsibility of the airport owner or lessee to mark the danger area by means of flags or to indicate the closing of such airport or runway by an “X,” clearly visible from the air or in a manner consistent with the exigencies of the situation. The owner or lessee shall report, in writing, to the Department any planned or emergency work in progress on the field and any proposed changes or conditions which might render the field unsafe for use.

(e) The owner or lessee of a closed, unlicensed, or abandoned airport shall remove all airport identifying markers and wind indicators and shall place upon the runway or runway intersection a Department approved “closed runway” marking. The Department will cause the airport to be marked if the owner does not properly mark it within 60 days of notice, and will assess such costs to the owner or lessee.

(9) Airport Marking. The following airport marking requirements apply to licensed airports:

(a) Non-Paved Runway Markings. Markers shall be installed on both sides of non-paved runways at 200 foot intervals along the edge of the usable runway width. Three markers shall be placed at 10 foot intervals on each side of each end of the runway, perpendicular to the centerline of the runway. Each set of three markers shall start at the corner of the runway and run toward the centerline of the runway on the runway endline. Displaced thresholds at non-paved licensed airports shall be marked with at least three markers on each side of the displaced landing thresholds area where the effective runway length begins. The displaced threshold markers shall be no more than 10 feet apart, similar to the runway edge markers, and be placed, clear of the runway, on a centerline 90 degrees to the runway heading.

(b) Runway Designation Markings. Runway designation markings shall be white and shall consist of a number and shall be supplemented by a letter on parallel runways. The number shall specify the whole number to the nearest ten degrees of the magnetic azimuth when viewed from the direction of the approach. The size and spacing of the numbers and letters shall only be reduced when space is limited. All numerals except the number “11” shall be horizontally spaced fifteen feet apart. The number “11” shall be spaced 27 feet apart. A zero (“0”) shall not precede single digits. The numeral “1,” when used alone, shall contain a horizontal bar at the bottom of the numeral to differentiate it from the runway centerline marking. Single digits shall be centered on the runway centerline. Double digits shall be centered on the runway centerline at the point that is halfway between the outer edges of the two numerals. Letters, such as “L,” “C,” or “R” for “Left,” “Center,” or “Right,” shall be stacked beneath the number at a distance of 20 feet. The base of the letter or number shall start 20 feet from the threshold or 40 feet from threshold markings. Digits shall be 60 feet tall. The lines comprising the digits shall be five feet wide. Digits shall be proportional and must be between 6 and 7.5 feet wide.

(c) Runway Centerline Markings. Runway centerline markings shall be white and shall identify the physical center of the usable runway surface and shall extend the length of the runway. The stripes shall be 120 feet in length. The gaps shall be 80 feet in length. The minimum width of the stripe shall be 12 inches. The stripes shall begin 40 feet from the top of the runway designation marking.

(d) Threshold Bars. Threshold bars shall be white and shall delineate the beginning of the runway that is available for landing. The threshold bar shall be ten feet wide and shall extend across the width of the runway.

(e) Arrows and Arrowheads. Arrows and arrowheads shall be white and shall be used to identify a displaced threshold. Arrowheads, used in conjunction with a threshold bar to highlight the beginning of the runway, shall be placed five feet before the threshold bar and shall be spaced two feet apart for runways 60 feet wide, 3 feet apart for runways between 60 and 100 feet wide, and four feet apart for runways over 100 feet wide. Arrows shall be provided in the portion of the runway before the displaced threshold. Arrowheads shall be 45 feet long, 15 feet wide, and have stripes 3 feet wide. Arrow tails shall be 80 feet long and 18 inches wide. The overlap between the arrowheads and tails shall be five feet. Arrows shall be spaced 80 feet apart.

(f) Holding Position Markings (Paved Taxiways). Holding position markings for paved taxiways shall be yellow and shall identify the location where a pilot should be assured that there is adequate separation with other aircraft before proceeding onto the runway. Holding position markings consist of four lines and three spaces each 6-12 inches wide. The solid lines shall always be on the side where the aircraft is to hold. The two dashed lines and spaces shall be 3 feet long. The markings shall extend completely across the taxiway. The markings shall be installed perpendicular to the taxiway centerline, but may be angled as needed where two or more taxiways intersect at the hold line. Holding position markings shall be placed 125 feet from visual runways serving small aircraft, 150 feet from visual runways serving large aircraft or with non-precision approaches, and 200 feet from runways with a precision approach.

(g) Holding Position Signs (Unpaved Taxiways). Holding position signs for unpaved taxiways shall be located outside the primary surface on the left side of the taxiway for a taxiway that is less than or equal to 150 feet wide or on both sides of taxiways that are greater than 150 feet wide. The sign shall consist of the runway designation numbers separated by a dash such that their arrangement indicates the direction to the corresponding runway threshold. The numbers shall be white on a red background. Mounting legs for each sign shall be frangible. The sign face shall be no less than 18 inches tall and 30 inches wide. The runway designation numbers shall be no less than 12 inches tall. The sign shall stand no more than 42 inches high.

(h) Helipad. Helipad markings shall be white and are used to mark the intended landing position within the FATO. The marking shall consist of an in-ground letter “H” oriented on the axis of the dominant landing and takeoff path. The “H” shall be a minimum of 19 feet tall and 12.5 feet wide. The vertical lines shall be 16 inches wide. The horizontal line shall be 32 inches wide.

(i) TLOF. TLOF perimeters shall be defined by a continuous white solid line 1 foot wide.

(j) FATO. FATO perimeters shall be defined with white dashed lines, which shall be 1 foot wide and 5 feet long and shall join to define the FATO corners.

(k) Closed Runway Markings. Closed runway markings shall be yellow and consist of an “X” centered on the runway centerline at each end of the runway and at 1,000 foot intervals. The “X” shall be 60 feet across and each arm shall be 10 feet wide and 25 feet long. If the “closed” runway intersects an “open” runway, an “X” shall be placed on each side of the “open” runway. Runway designation markings and runway threshold markings shall be obliterated on closed runways.

(l) Common Marking Requirements:

Glass beads shall be required for all permanent pavement markings.
All markings on light colored pavements shall be outlined with a black border six inches or greater in width.

(10) Airport Lighting. The Department does not require airports to be lighted. However, if an airport is lighted, it shall comply with the following standards. The minimum lights that shall be provided are threshold and runway end lights, displaced threshold lights, segmented circle lights, FATO or TLOF lights, and windsock lights. All lights shall be on flush or frangible mounts not more than 14 inches tall. The following airport lighting requirements shall apply to licensed airports:

(a) Runway Edge Lights. Runway edge lights shall emit white light except that yellow light is substituted for white light on the last 2,000 feet of an instrument runway, or one-half of the runway length, whichever is less, to indicate the caution zone.

(b) Threshold and Runway End Lights. Threshold and runway end lights shall be located on a line perpendicular to the extended runway centerline not less than two feet nor more than ten feet outboard from the designated threshold of the runway. The lights shall be installed in two groups located symmetrically about the extended runway centerline. For instrument runways, each group shall contain four lights; for other runways, each group shall contain three lights. The outmost light in each group shall be located in line with the runway edge lights. The other lights in each group shall be located on 10 foot centers toward the extended runway centerline. The lights shall be red on the inboard half and green on the outboard half.

(c) Displaced Threshold Lights. Displaced threshold lights shall be located outboard of the runway. The innermost light of each group shall be located in line with the runway edge lights, and the remaining lights shall be located outward on 10 foot centers on a line perpendicular to the runway centerline. The runway end lights shall be red all the way around. The displaced threshold lights shall be green on the outboard half. The inboard half of displaced threshold lights shall be yellow for an instrument runway and white for a visual runway.

(d) Taxiway Edge Lights. Taxiway edge lights shall emit blue light.

(e) FATO or TLOF Lights. FATO or TLOF lights shall emit yellow light and shall define the limits of the FATO or TLOF. Both FATO and TLOF lights shall not be lit concurrently.

History

Rulemaking Authority 330.29(4), 334.044(2) FS. Law Implemented 330.29, 330.30 FS. History–New 10-29-65, Amended 11-23-72, 4-18-76, 11-19-81, 1-8-85, Formerly 14-60.07, Amended 12-26-95, 10-10-04.

Fla. Admin. Code R. 14-60.009 Airspace Protection

(1) Airspace Obstruction Permit.

(a) Any person proposing the erection, alteration, or modification of any structure that would exceed federal obstruction standards and which lies within the Department’s jurisdictional area of responsibility is required to obtain an airspace obstruction permit from the Department. However, such airspace obstruction permits shall be required only where the proposed site is within a ten nautical mile radius of the geographical center of a publicly owned or operated airport, a military airport, or an airport licensed by the state for public use.

(b) An Airspace Obstruction Permit Application, DOT Form 725-040-11, Rev. 02/04, incorporated by reference under Rule 14-60.011, F.A.C., with all required supporting documentation shall be submitted to: Airspace and Land Use Manager, Florida Department of Transportation, 605 Suwannee Street, MS #46, Tallahassee, Florida 32399-0450.

The nature of the terrain and height of existing structures.
Public and private interests and investments.
The character of flying operations and planned developments of airports.
Federal airways as designated by the Federal Aviation Administration.
Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport.
Technological advances.
The safety of persons on the ground and in the air.
Land use density.
The safe and efficient use of navigable airspace.
The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions’ comprehensive plans, and all other known proposed structures in the area.

(d) The Department shall not approve an airspace obstruction permit unless the applicant submits documentation showing compliance with the federal requirement for notification of proposed construction and a valid FAA aeronautical determination. No permit shall be approved solely on the basis that the proposed structure will not exceed federal obstruction or any other federal aviation regulation.

(e) Any airspace obstruction permit granted by the Department shall require the applicant’s compliance with obstruction marking and lighting standards contained herein.

(2) Local Government Ordinance. Any local government airport zoning ordinance, concerning airport hazards, adopted in accordance with Chapter 333, F.S., shall require obstruction marking and lighting in compliance with the marking and lighting standards set forth in this rule chapter.

(3) Local Government Variance. Any person filing a request with a local government for a variance from an airport zoning ordinance in order to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use property contrary to the airport zoning regulations shall forward a copy of the application to the Department by certified mail to the Airspace and Land Use Manager at the Department address in paragraph 14-60.009(1)(b), F.A.C., above.

(a) The Department shall review the application for local government variance, file a response or waive the right of the Department to respond and provide a copy of the response to the applicant and local government within 45 days of receipt of the application.

(b) The applicant shall provide to the Department a copy of the local government decision on the application for variance within ten days of issuance of the decision.

(c) Any variance granted shall require the applicant to install, operate, and maintain obstruction marking and lighting in compliance with the marking and lighting standards set forth in this rule chapter.

(4) Obstruction Marking and Lighting. Obstruction marking or lighting recommended in an FAA aeronautical determination shall be considered a requirement for the structure for compliance with Department standards. As minimum standards, the Department herein incorporates by reference obstruction marking and lighting standards and guidelines described in the U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 70/7460-1K (AC 70/7460-1K) “Obstruction Marking and Lighting,” dated August 1, 2000. These standards shall be applied as follows:

(a) Objects that exceed an overall height of 200 feet above ground level (AGL), including any appurtenances, or that exceed any federal obstruction standard will be required to be marked or lighted as specifically recommended by the FAA. Marking or lighting of objects lower than 200 feet AGL will be required within specific lateral boundaries of established low level aircraft routes.

(b) Objects which exceed 300 feet AGL up to 500 feet AGL within six nautical miles of a licensed public-use airport or military airfield, shall be marked or lighted in accordance with specific federal obstruction guidelines for those heights. The white lighting required for daytime and twilight, for dual lighting with red/medium intensity white systems, shall be medium intensity. The system includes automatic sensors that change between red and white lighting and also vary the white strobe intensity between twilight and full day.

(c) Objects which exceed 500 feet AGL, within a six nautical mile radius of a public-use airport or military airfield, shall be marked or lighted in accordance with specific federal obstruction guidelines for those heights. The white lighting required for daytime and twilight, for dual lighting with red/high intensity white systems, shall be high intensity.

(d) Objects which exceed 800 feet AGL beyond the six nautical mile radius of public airports or military airfields, shall be marked or lighted in accordance with specific federal obstruction guidelines for those heights. The white lighting required for daytime and twilight, for dual lighting, shall be high intensity.

(e) Specific marking or lighting will not be required if both of the following circumstances exist:

The object is masked by surrounding objects marked or lighted under these standards, and
The FAA specifically recommends deletion of any marking or lighting because of the masking effect.

(f) When the FAA recommends dual lighting for objects less than the heights specified in this rule chapter because of the need for greater visual conspicuity, the more stringent FAA recommendations shall be required as a condition of the permit issued. Additionally, when an object does not exceed any federal obstruction standard, but because of its particular location, the FAA recommends marking and lighting, the FAA recommendation shall be required as a condition of the permit.

History

Rulemaking Authority 330.29(4), 333.065, 334.044(2) FS. Law Implemented 330.29, 330.35, 333.025, 333.03(5), 333.07, 333.08 FS. History–New 11-23-72, Amended 4-18-76, 11-19-81, 1-8-85, Formerly 14-60.09, Amended 4-19-89, 12-26-95, 8-5-96, 2-11-97, 10-10-04.

Fla. Admin. Code R. 14-60.011 Forms

The following application forms are incorporated by reference into this rule chapter and shall be used to apply for an airspace obstruction permit or public airport site approval:

FORM NUMBER

DATE

TITLE

725-040-11

(02/04)

Airspace Obstruction Permit Application

725-040-12

(02/04)

Public Airport Site Approval Application

Copies of these forms may be obtained by downloading from the FDOT Aviation Office website at http://www.dot.state.fl.us/aviation/ or contacting the Aviation Office, Florida Department of Transportation, Haydon Burns Building, MS #46, Tallahassee, Florida 32399-0450.

History

Rulemaking Authority 330.29(4), 334.044(2) FS. Law Implemented 330.29, 333.025, 333.07, 334.044(27) FS. History–New 11-19-81, Amended 1-8-85, Formerly 14-60.11, Amended 4-19-89, 12-26-95, 8-5-96, 2-11-97, 10-10-04.

Fla. Admin. Code R. 14-60.012 Diesel Exhaust Fluid Safety Mitigation and Exclusion Plans

(1) Each public-use airport meeting the criteria of Sections 330.401(1)(a)1. through 3., F.S., shall require a diesel exhaust fluid safety mitigation and exclusion plan for each fixed-base operator that performs onsite treatment of aviation fuel with system icing inhibitor.

(2) Public-use airports meeting the criteria of Sections 330.401(1)(a)1. through 3., F.S., shall make their Diesel Exhaust Fluid Safety Mitigation and Exclusion Plan available for inspection by the Department of Transportation by completing an interactive internet-based application indicating which fixed-base operators are subject to diesel exhaust fluid safety mitigation and exclusion plan using a Department electronic aviation facility data system or completing and submitting Department of Transportation Form Number 725-040-36, May 2022, which is incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14203 and available electronically at https://www.fdot.gov/aviation/flpub.shtm. The form shall be submitted to the State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450. The application should be updated:

(a) Prior to the annual airport inspection conducted pursuant to Rule 14-60.006, F.A.C.; or

(b) When the criteria for any fixed-base operator changes.

(3) Each diesel exhaust fluid safety mitigation and exclusion plan executed between the airport and the fixed-base operator shall include the following:

(a) The criteria in Sections 330.401(1)(b)1. through 9., F.S.

(b) A statement by both the airport and the fixed-base operator, verified as provided in Section 92.525, F.S., that information included in the plan is complete and accurate.

(4) Department Review Process. The Department’s process for determining the acceptance of a diesel exhaust fluid safety mitigation and exclusion plan will be completed prior to the annual airport inspection conducted pursuant to Rule 14-60.006, F.A.C.

History

Rulemaking Authority 330.401(4), 334.044(2) FS. Law Implemented 330.401 FS. History‒New 10-11-22.

Fla. Admin. Code R. 17-60.001 Purpose

History

Rulemaking Authority 330.29, 334.044(2) FS. Law Implemented 330.29, 330.30, 330.35 FS. History–New 11-23-72, Amended 1-8-85, Formerly 14-60.01, Amended 12-26-95, Repealed 2-11-97.

Fla. Admin. Code R. 17-60.002 Definitions

History

Rulemaking Authority 330.29, 334.044(2) FS. Law Implemented 330.27, 330.29 FS. History–New 11-23-72, Amended 4-18-76, 11-19-81, 1-8-85, Formerly 14-60.02, Amended 12-26-95, Repealed 2-11-97.

Fla. Admin. Code R. 17-60.004 Notice of Intent

History

Rulemaking Authority 330.29(1) FS. Law Implemented 120.57, 330.29(1), 330.30(1), (4), 330.32 FS. History–New 11-23-72, Amended 4-18-76, Formerly 14-60.04, Repealed 1-8-85.

Fla. Admin. Code R. 17-60.008 Airport Markings

History

Rulemaking Authority 330.29(1) FS. Law Implemented 330.29(1), 330.29(1) FS. History–New 11-23-72, Amended 4-18-76, Formerly 14-60.08, Repealed 1-8-85.

Fla. Admin. Code R. 17-60.010 Exemptions

History

Rulemaking Authority 330.29 FS. Law Implemented 330.29 FS. History–New 11-23-72, Formerly 14-60.10, Repealed 1-8-85.

Chapter 14-61 FLORIDA TURNPIKE SYSTEM

Fla. Admin. Code R. 14-61.001 Definitions

History

Rulemaking Authority 20.05(5), 334.044(2) FS. Law Implemented 316.003 FS. History–New 7-9-75, Amended 2-15-79, Formerly 14-61.01, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.0011 Florida’s Turnpike System

History

Rulemaking Authority 316.515(12), 334.044(2), 338.239 FS. Law Implemented 338.01, 338.22-.241 FS. History–New 8-5-96, Amended 10-30-96, Repealed 11-5-09.

Fla. Admin. Code R. 14-61.0012 Definitions

Unless defined below, words, phrases, or terms contained herein shall have the definitions set forth in Florida Statutes, including Sections 316.003 and 338.221, Florida Statutes. As used in these rules and regulations, the following words, phrases, or terms shall have the following meanings, where context will permit:

(1) “Department” means the State of Florida Department of Transportation.

(2) “Turnpike System” means as defined in Section 338.221(6), F.S.

(3) “Turnpike Tandem” means any combination of truck tractor, semitrailer, and trailer combination coupled together so as to operate as a single unit, in which either the semitrailer or the trailer unit exceeds 28 feet in length but in which neither the semitrailer nor the trailer unit exceeds 48 feet in length.

(4) “Turnpike Tandem Permit” means an authorization issued by the Turnpike Enterprise for the specific and limited purpose of allowing combinations known as turnpike tandems to operate on the Turnpike System.

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.515, 338.239 FS. History–New 11-5-09, Amended 12-5-18.

Fla. Admin. Code R. 14-61.0013 Tolls

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.1001, 338.155, 338.165(3), 338.2216, 338.239 FS. History–New 11-5-09, Amended 2-19-14, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0014 Limitations on Use of Turnpike System

History

Rulemaking Authority 316.550(5), 334.044(2), 338.239 FS. Law Implemented 316.550(1), 324.044(14), 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0015 Prohibitions on the Turnpike System

(1) Operation of Vehicles. Vehicles using the Turnpike System must comply with State Uniform Traffic laws as described in Chapter 316, Florida Statutes, and this rule chapter.

(2) Toll Collection. Vehicles entering the Turnpike System will be assessed tolls in accordance with the toll rate schedule incorporated in Rule 14-15.0081, F.A.C.

(a) Entering or leaving the Turnpike System or any part of its right of way, except through the regular toll lanes (except in emergency cases at the direction of the Florida Highway Patrol or other law enforcement), or committing any other act with the intent to defraud or evade payment of tolls is prohibited. Enforcement of toll violations shall be in accordance with rule Chapter 14-100, F.A.C., and all applicable toll enforcement statutes.

(b) The operator of a vehicle on the electronic toll collection portion of the Turnpike System who exits the electronic toll collection portion of the Turnpike System at the same toll station at which such vehicle entered the electronic toll collection portion of the Turnpike System, shall be charged the toll for the appropriate amount for the vehicle classification from the nearest legal U-turn point.

(3) Vehicles, including any load thereon, exceeding the maximum dimensions of Section 316.515, F.S., are prohibited except under a special hauling permit issued by the Department in accordance with Chapter 14-26, F.A.C., or a Turnpike Tandem Permit issued in accordance with this rule chapter.

(4) Vehicles carrying explosives are prohibited.

(5) Soliciting or Carrying on Commercial Activity. No person shall:

(a) Engage in any commercial activity on the Turnpike System without the written permission of, or unless under contract with, the Department or Turnpike Enterprise. Nor shall any person solicit business or funds for any purpose on the Turnpike System without written permission granted by the Department or Turnpike Enterprise. No person shall at any time or in any manner electioneer on any part of the Turnpike System for or against any party ticket or any candidate for nomination, or officer on any party ticket, or for or against any proposition of any kind or nature to be voted upon at any election.

(b) Post, distribute, or display signs, advertisements, circulars, printed or written matter on the Turnpike System without written permission from, or written contract with, the Department or Turnpike Enterprise.

(6) Speed Limits. All vehicles shall comply with the posted speed limit. No vehicles shall be operated on the Turnpike System less than 50 miles per hour, except where a lesser speed is posted, or when necessary to do so under the conditions of the road, inclement weather, or with regard to the actual and potential hazards then existing on the Turnpike System.

(7) Turnpike staging areas are for the exclusive use of Turnpike Tandems. Vehicles not being used in tandem trailer operation are subject to immediate removal at the owner’s expense.

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.083, 316.090, 316.183, 316.655, 338.234, 338.237, 338.239 FS. History–New 11-5-09, Amended 12-5-18.

Fla. Admin. Code R. 14-61.0016 Turnpike Tandem Access

The Turnpike Enterprise will allow Turnpike Tandems access to the Turnpike System, consistent with the provisions specified herein:

(1) Size, Weight, and Safety Enforcement.

(a) The Turnpike Enterprise, the Florida Highway Patrol, or their respective staffs are authorized to inspect all equipment used in the tandem operation and to reject any defective equipment.

(b) The Florida Highway Patrol has primary responsibility for enforcing the State’s general traffic safety on the Turnpike System and for enforcing commercial vehicle size, weight, and safety laws and rules on the Turnpike System.

(2) Turnpike Tandem Permits and Certifications.

(a) The Turnpike Enterprise is responsible for issuing Turnpike Tandem Permits and Certifications.

(b) The permittee is responsible for any vehicle operating with a Turnpike Tandem Permit and other certifications and for complete compliance with all terms of the permit and certification, including:

Ensuring that the driver is qualified to operate the vehicle and understands the terms and conditions of the permit, certifications, and the provisions of this rule chapter.
Ensuring that the vehicle is inspected and maintained in a safe and reliable condition; and,
Ensuring that the vehicle operates in conformity with the permit, certifications, and the provisions of this rule chapter.

(c) Turnpike Tandem Permits are issued for the Turnpike System only. Travel is not authorized on the Interstate Highway System. Travel on the local network must be coordinated with and authorized by the local authorities. When approved by a Route Specific Blanket Permit issued pursuant to rule Chapter 14-26, F.A.C., a Turnpike Tandem is authorized to travel onto and off the Turnpike when traveling on state roadways within 15 travel miles of the Turnpike to and from designated staging areas, intermodal logistics centers as defined in Section 311.101, F.S., and seaports listed in Section 311.09(1), F.S. Route Specific Blanket Permit applications for Turnpike Tandems to travel on a state roadway off the Turnpike System must be supported by an analysis of the route conducted by Professional Engineer licensed in the State of Florida. The analysis must include a diagram of the vehicle configuration, route and turning radiuses and must be signed and sealed by a Professional Engineer, certifying that the route can safely accommodate the vehicle configuration. The Department’s Road Use Permit Office will be responsible for verifying the load carrying capacity of the route. Route Specific Blanket permits issued pursuant to this subsection and rule Chapter 14-26, F.A.C., shall be valid for 3 months at a cost of $63.00 each.

(3) Original Application. To operate Turnpike Tandems on the Turnpike System, complete Form Number 800-040-01, General Certification Covering Turnpike Tandem Operations, 9/18, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-09957 and available at www.fdot.gov/procedures/forms.shtm and submit to: Florida Turnpike Enterprise, Fleet Manager, Pompano Service Area, M.P. 65, Post Office Box 9828, Fort Lauderdale, Florida 33310-9828 or by email to: CO-TurnpikeTandems@dot.state.fl.us.

(4) All tractors, trailers, and dollys must be approved and certified by the Turnpike Enterprise before operating under a Turnpike Tandem Permit. Certification will be withdrawn by the Turnpike Enterprise when it determines that there is a material inconsistency between the provisions of the certification and the equipment in question, or that the continued operation on the Turnpike System would constitute an unsafe operation.

(5) Identification Numbers and Certification.

(a) An identification number will be issued by the Turnpike Enterprise. A decal displaying the identification number must be purchased by the permittee and shall be placed on the left side of each tractor, trailer, and dolly approved for use in tandem trailer operations. The numerals must be white on green background; at least three inches in height; and, must be visible to a person standing at ground level.

(b) The permittee must include a description of the tractor, all trailers and dollys on Form 800-040-01 certification. Upon review and approval by the Department, this certification shall be carried in the cab of the tractor which it describes. A Tractor certification authorizes only the vehicle described therein and shall be made available at any time for inspection by the Turnpike Enterprise, Florida Highway Patrol, or their respective staffs. Any discrepancy between the description on the certification and the actual description of the vehicle will result in the withdrawal of approval.

(6) Renewal of Certification. Turnpike Tandem certifications are effective September 1st of each year, through August 31st of the following year. To allow for continuous use, the Department recommends submittal of Form 800-040-01 no later than August 1 of each year. The Florida Turnpike Enterprise does not provide notification of certification expiration.

(7) Responsibility of Permittee.

(a) Each certificate to operate Turnpike Tandems shall be valid only when the permittee has public liability insurance maintained in accordance with Section 627.7415, F.S.

(b) Such public liability insurance certificate shall explicitly state that the Turnpike Tandem operations of the permittee are expressly covered under the policy(ies) in effect, or in the alternative, that there is no exclusion in said policy relative to Turnpike Tandem operations by the permittee. Such certificate shall also provide that the coverage under the policy may not be canceled without 30 days prior notice, in writing, to the Executive Director of the Florida Turnpike Enterprise. In the event of cancellation of such public liability insurance policy, every Turnpike Tandem Permit and certification covered by that certificate shall be automatically cancelled.

(c) Certificates of self-insurance issued by the Florida Department of Highway Safety and Motor Vehicles will be accepted in fulfillment of the insurance requirements stated herein, providing such certificates satisfy all the requirements of Section 627.7415, F.S.

(d) Description of coverage shall include: Public liability arising in respect to all movement of tandem trailer units. This includes service trucks, wreckers, or any other vehicles used in the service of the tandem trailer operation, by the Permittee or by anyone acting by, through, or for the permittee, including omissions and supervisory acts of the Turnpike Enterprise, the Florida Highway Patrol, and each of their respective officers, agents, or employees.

History

Rulemaking Authority 316.515(12), 316.611 316.550(6), 334.044(2), 334.044(14), 338.239 FS. Law Implemented 316.515, 316.550, 316.646, 334.044(14), 338.2216(1)(a), (b), 338.239(2) FS. History–New 11-5-09, Amended 2-6-19.

Fla. Admin. Code R. 14-61.0017 Regulations Covering the Operation and Safety of Turnpike Tandems

(1) Driver Requirements.

(a) All drivers of Turnpike Tandems must have a current Commercial Driver’s License (CDL) with an endorsement for double trailers consistent with the provisions of Section 322.57, F.S.

(b) All drivers of Turnpike Tandems and all other individuals or companies operating Turnpike Tandems must comply with Section 316.302, F.S., except that driver exemptions for farm vehicle drivers as set forth in 49 C.F.R. 391.67 shall not apply to drivers of Turnpike Tandems.

(c) All drivers of Turnpike Tandems must have a minimum of five years experience driving truck tractor semi-trailer combinations.

(d) A driver of a Turnpike Tandem must have had no suspension or revocation of driving privileges in any state or province during the past three years where such suspension arose out of operations of a commercial motor vehicle.

(2) Overall Length, Height, and Width.

(a) All overdimensional vehicles must comply with rule Chapter 14-26, F.A.C., unless specifically excluded under the provisions of this rule chapter.

(b) The overall cargo carrying length of a Turnpike Tandem, as measured from the front of the first trailer to the rear of the second trailer including, the interval between the two trailers, shall not exceed 106 feet.

(3) Weight and Axle Requirements.

(a) All overweight rules of Section 316.535, F.S., shall apply to Turnpike Tandems unless specifically excluded under the provisions of this rule chapter.

(b) The maximum gross weight of the truck tractor and the first trailer of a Turnpike Tandem shall not exceed 80,000 pounds.

67,000 pounds, or
The weight provisions of the State’s outer bridge formula set forth in Section 316.535(5), F.S., as measured between the center of the foremost axle of the dolly and the rearmost axle of the second trailer.

(d) In the event that a Turnpike Tandem is composed of trailers of unequal gross weight, the heavier of the two shall be used as the lead trailer.

(e) The gross weight limits described in Chapter 316, F.S., may be exceeded with a valid Turnpike Tandem Permit issued by the Turnpike Enterprise for a maximum gross weight not to exceed 147,000 pounds.

(f) A minimum of five load bearing axles are required unless stated otherwise in a valid Turnpike Tandem Permit issued by the Turnpike Enterprise.

(4) Tractor Requirements.

(a) A tractor used to haul trailers in a Turnpike Tandem configuration shall be capable of traveling at a speed of not less than 50 mph on all portions of the turnpike system, regardless of grade.

(b) A tractor used to haul trailers in a Turnpike Tandem configuration shall be capable of hauling the maximum gross weight authorized by the permit. The maximum gross weight to be hauled with a Turnpike Tandem Permit is 147,000 pounds.

(5) Tire Requirements.

(a) Each axle on a Turnpike Tandem must have tires of the same size and construction. Tires must be properly inflated for the load to be carried. In no event shall any tire, wheel, or rim exceed the manufacturer’s maximum load-carrying limit.

(b) A vehicle equipped with dual tires may have the dual tires replaced by a single tire so long as the vehicle, axle, and tire load ratings are not exceeded.

(c) No tire may exceed 550 pounds per inch of tire section width as defined by the rating molded in the tire sidewall. For example, a designation of 445/50R22.5 designates a tire section width of 445 mm (17.5 inches).

(6) Brake Regulations.

(a) Every Turnpike Tandem shall be equipped with full air brakes or air activated hydraulic brakes on the tractor and either air or electric brakes on the dolly and trailers. All brakes shall equal or exceed both the equipment requirements and the performance standards cited in chapter 316, F.S.

(b) The brakes on any vehicle or combination of vehicles, used in Turnpike Tandem operations shall be adequate to control the movement of, and to stop and hold, such vehicle, or combination of vehicles, and meet the general requirements of the provisions of the Florida Uniform Traffic Control Law, Section 316.262, F.S.

(7) Converter Dolly Requirements.

(a) A converter (fifth-wheel) dolly used in Turnpike Tandem operations may have either a single or a double axle, according to its total gross weight. In addition to the tow bar(s), the dolly vehicle must be equipped with safety chains or cables for connecting the dolly to the trailer and adequate to prevent breakaway.

(8) Inspection by Driver.

After all the component vehicles in a Turnpike Tandem are completely hooked up and prior to the departure of the unit from the assembly area, the driver or a mechanic shall inspect the tandem unit to ensure that each item is in proper operating condition.

(9) Coupling Devices/Hitch Connections.

(a) Vehicles in a Turnpike Tandem shall be designed, constructed, and connected as to ensure that shifting or swerving from side to side will not exceed two inches to each side of the path of the towing vehicle when it is moving in a straight line.

(10) Staging.

(a) Turnpike Tandems shall be coupled and decoupled only in designated staging areas when operating on the Turnpike System. All movement across traffic while entering or leaving a staging area shall be made using extreme caution.

(b) Permitees shall assume all responsibility for their vehicles and equipment, as well as the contents thereof, while such vehicles and equipment are in a staging area.

(c) Equipment may be parked in the staging area for no longer than eight (8) hours. Staging areas will be closed when equipment cannot be safely stored due to adverse weather or other hazardous conditions.

(d) Tractors, trailers and dollys parked in the Turnpike System staging areas must display valid decals in accordance with subsection 14-61.0016(5), F.A.C. at all times.

(11) Passing. A Turnpike Tandem may pass another vehicle traveling in the same direction only if the speed differential will allow the Turnpike Tandem to complete the maneuver and return to the normal driving lane within a distance of one mile and be performed within the posted speed limit. Turnpike Tandems must stay in the right lane, or those lanes designated for travel by posted signs, unless they are in the act of passing.

(12) Operations under Hazardous Conditions.

(a) Drivers of Turnpike Tandems shall exercise extreme caution and reduce speed when hazardous conditions exist, such as fog, smoke, dust, mist, or rain.

(b) The Turnpike Enterprise, Florida Highway Patrol, or their respective staffs, may restrict or prohibit operations during periods when traffic, weather, or other safety conditions make such operations unsafe or inadvisable.

History

Rulemaking Authority 316.515(12), 316.611, 334.044(2), 338.239 FS. Law Implemented 316.515(12), 338.239 FS. History–New 11-5-09, Amended 12-5-18.

Fla. Admin. Code R. 14-61.0018 Tractor Requirements

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.183(2) FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0019 Tire Requirements

History

Rulemaking Authority 316.535(1), 334.044(2), 338.239(1) FS. Law Implemented 316.535(6), 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.002 Vehicle Classifications for Toll Schedule Purposes

History

Rulemaking Authority 334.044(2), 338.239(1) FS. Law Implemented 338.231, 338.239(1) FS. History–New 7-9-75, Formerly 14-61.02, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.0020 Brake Regulations

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.261-.263, 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0021 Emergency Equipment

History

Rulemaking Authority 316.302(5), 334.044(2), 338.239 FS. Law Implemented 316.301, 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0022 Lead Trailer Requirements

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0023 Converter Dolly Requirements

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0024 Lamps, Etc

History

Rulemaking Authority 316.252, 334.044(2), 338.239 FS. Law Implemented 316.252, 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0025 Inspection by Driver

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0026 Coupling Devices/Hitch Connections

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0027 Staging

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.0028 Speed Limits, Minimum Distances, Passing, and Operations under Hazardous Conditions

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.55, 338.239 FS. History–New 11-5-09, Repealed 12-5-18.

Fla. Admin. Code R. 14-61.003 Tolls Rules and Rates on the Florida Turnpike System

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 334.044(15), 338.231, 338.239 FS. History–New 7-9-75, Amended 2-15-79, 11-20-80, Formerly 14-61.03, Amended 7-12-89, 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.004 Limitations on Use of Turnpike System

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 334.044(14), 338.01, 338.239, 901.18 FS. History–New 7-9-75, Amended 10-17-76, Formerly 14-61.04, Amended 7-12-89, 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.005 Hitchhiking – Loitering

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 334.044(14), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.05, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.006 Soliciting or Carrying on Commercial Activity

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.06, Amended 7-12-89, 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.007 Throwing, Hurling, Discharging Stones or Other Items on Turnpike System

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.07, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.008 Damage to Property

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.08, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.009 Waste and Rubbish

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.09, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.010 Alcoholic Beverages, Gambling and Weapons

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.234, 338.239 FS. History–New 7-9-75, Formerly 14-61.10, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.011 Requirements of Employees on Sunshine State Parkway

History

Rulemaking Authority 340.06(9) FS. Law Implemented 340.06(9) FS. History–New 7-9-75, Formerly 14-61.11, Repealed 9-10-81.

Fla. Admin. Code R. 14-61.012 Operation of Vehicles

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.12, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.013 Obedience to Officers, Signs and Signals

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.044(14), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.13, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.014 Speed Limits

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 334.044(14), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.14, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.015 One-Way Traffic

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.044(14), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.15, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.016 Use of Median Strip

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.044(14), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.16, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.017 No U Turns

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 334.044(1), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.17, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.018 Overtaking a Vehicle

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.18, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.019 Staying Within Traffic Lanes

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.19, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.020 Parking, Stopping or Standing of Vehicles on Traffic, Deceleration or Acceleration Lanes

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(14), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.20, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.021 Accidents

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.21, Amended 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.022 Impounding of Vehicles

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.044(14), 338.01, 338.239 FS. History–New 7-9-75, Formerly 14-61.22, Repromulgated 2-26-92, Repealed 8-5-96.

Fla. Admin. Code R. 14-61.023 Penalty

History

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 338.01, 338.239 FS. History–New 7-9-75, Amended 9-24-75, Formerly 14-61.23, Amended 2-26-92, Repealed 8-5-96.

Chapter 14-63 BUILDING MOVING PERMIT REGULATIONS

Fla. Admin. Code R. 14-63.001 Scope

History

Rulemaking Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Amended 7-9-75, Formerly 14-63.01, Amended 1-3-90, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.0011 Definitions

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.002 General Requirements for Building Movement Permit Issuance

(1) Each District Maintenance Office is authorized to issue building movement permits for travel upon state roads, other than limited access facilities, in its district. For purposes of this rule, “building” means a fixed structure normally attached to a foundation with walls and roof, and does not include mobile homes, modular buildings, and manufactured housing. If the proposed route involves more than one district, then each affected District Maintenance Office will be responsible to review and issue a permit for the portion of the route that lies within its boundaries. If the proposed move involves only crossing a state road, a permit will not be required, but the mover is required to notify the District Maintenance Office, within whose boundaries the crossing takes place, at least 24 hours in advance of the proposed move.

(2) Building Movement Restrictions.

(a) Movement is prohibited under the following conditions:

During periods of heavy traffic, normally “rush hour” traffic, between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m., Monday through Friday.
During weekends and nighttime, unless approved by the appropriate law enforcement agencies, local government, and the Department. Nighttime means that period of time which begins one hour before sunset and ends one hour after sunrise.

(b) Building movement is prohibited on any portion of limited access facilities. Building movement is permitted on roads passing over or under limited access facilities.

(3) Fees. Payment of the permit fee shall be required at the time of the building movement permit application. An application submitted without payment of the permit fee will be deemed incomplete and returned to the applicant. The following fee charges apply to all permits:

(a) A fee of $25.00 will be charged for issuance of each single move permit.

(b) A fee of $50.00 will be charged for issuance of each special permit.

(c) Fees will not be charged for factory-built school buildings and other public buildings when moved by a governmental entity or its contracted mover.

(4) Security Instrument. A permittee moving a building in excess of 14 feet wide shall be required to provide a security instrument in the amount of $10,000.00 to cover repair damage to state facilities resulting from the move. The security instrument may be a letter of credit or bond as described in Section 334.187, F.S., and must be submitted to the affected District Maintenance Office. All bonds shall be made payable to the Department and shall be submitted to the Department prior to approval of the permit.

(5) Liability and Insurance. The permittee is required to name the Department as an additional insured and submit a certificate of insurance, with the permit application, in the amount of not less than $100,000 bodily injury or death per person for any number of persons in any one occurrence, $300,000 for property damage or a combined coverage of not less than $300,000. The certificate of insurance shall be submitted to and kept on file in the appropriate District Maintenance Office(s).

(6) Traffic Control. All building movements must be accompanied by escort vehicles in the front and rear. The escort vehicles must comply with the requirements specified in Rule 14-26.012, F.A.C.

(a) The building movement must pull over to the side at turnouts or median crossovers to allow traffic to pass as directed by law enforcement to facilitate public safety.

(b) During building movement, a minimum of three adult personnel (including the driver and escort personnel) shall be in attendance at all times.

(c) Clean, high visibility, red/orange warning flags at least 18 inches square shall be displayed on the corners and at all protrusions of the building movement at all times.

(d) Enroute, during any delays, breakdowns, crashes, or other times when the building is immobile, the building shall be identified with warning lights as described above. A minimum of one light for each 15 feet of perimeter is required.

(7) Application Procedure and Notice. Applicants shall obtain a Permit to Move Building Over State Roads, Form 850-040-90, Rev. 12/23, incorporated herein by reference, at http://www.flrules.org/Gateway/reference.asp?No=Ref-16866, and available from the Department of Transportation’s One Stop Permitting internet site at https://osp.fdot.gov and may be completed and submitted electronically. A hard copy of the form is available upon request from any District Maintenance Office or area maintenance office. If the proposed route occurs in more than one district, then the applicant will need to submit a completed form to each affected District Maintenance Office. Applicants shall complete all appropriate sections of the form and obtain review and approval by the nearest District Maintenance Office with route and escort recommendations.

(a) Applicants shall contact the local Florida Highway Patrol Station and all Sheriff’s Offices, Police Departments, utilities (e.g., traffic signals, electric power lines, sewer, gas, communication lines, cable television), railroad companies, and all local governments whose facilities will be affected by the move, and address any concerns. In addition, it is the responsibility of the permittee to notify these entities at least 24 hours in advance of the proposed move. The permittee shall notify the railroad companies at least 24 hours in advance of any move over at-grade rail crossings.

(b) The Application will be reviewed for completeness, accuracy, and compliance with these rules prior to approval.

(c) All Applications for special permits and routes crossing bridges will be reviewed by the Departmental District Structures and Facilities Engineer prior to approval.

(d) Requests for time extension must be made by the permittee through the issuing office. The request must be made not less than 48 hours prior to the expiration date of the original permit. Not more than three time extensions will be granted for each permit.

(8) Sunset. The Department intends to repeal the provisions of this rule on December 1, 2028, 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.

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.02, Amended 1-3-90, 7-1-92, 11-19-07, 8-15-24.

Fla. Admin. Code R. 14-63.0021 Single Move Permits

Each Application will be reviewed regarding the proposed route, as indicated on a map provided by the applicant, and the building moving arrangements. The following factors shall be considered:

(1) Bridge or roadway structure widths, clearances, condition of roadway and bridges and their load carrying capacity.

(2) The load plan, including spacing and size of beams, and spacing and size of wheels and tires. The load, in pounds, must be shown on each set of wheels in the load plan. Load plan means a sketch or drawing showing details and dimensions of the building to be moved, including the means of movement. Overall dimensions and weight distribution must be included in the plan.

(a) The weight shall not exceed 605 pounds per inch of tire tread width on two tires.

(b) Maximum overall building width shall not exceed 30 feet, six inches, excluding the building movement unit, eaves, and beams.

(d) When loaded, buildings shall be no more than 25 feet in height, as measured from ground level to the highest point of the load.

(e) Dimensions in excess of paragraph (b), (c) or (d) above shall require special permits.

(3) Sufficiency of shoulder widths and conditions to handle the route traffic.

(4) Sufficiency of parking areas to allow accumulated traffic to pass.

(5) The potential disruption to traffic and traffic conditions during the time of the move.

(6) The history of other moves on the route.

(7) Other factors relevant to public safety or the protection of public transportation facilities related to the specific request.

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92, 11-19-07.

Fla. Admin. Code R. 14-63.003 Single Move Permit Size Limitations

History

Rulemaking Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.03, Amended 1-3-90, 7-1-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.004 Movement Restrictions for All Permits

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.04, Amended 1-3-90, 7-1-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.005 Special Permits

(1) Special permits are required for building movements exceeding the dimension requirements of single move permits. Special permits will be granted on a case-by-case basis by the Department.

(2) The following criteria will be used in evaluating a request for a special permit:

(a) Applicants will furnish written explanation as to why the building move cannot conform to the criteria for a single move permit.

(b) Applicants will state what specific steps have been taken to comply with the size limitations.

(d) Applicants will furnish a load plan showing all axle spacing, wheels, dimensions, and weights.

(e) Applicants will furnish documentation showing concurrence with the move by the affected local government and utilities.

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.05, Amended 1-3-90, 7-1-92, 11-19-07.

Fla. Admin. Code R. 14-63.0051 Annual Permits for Factory-Built School Buildings

(1) Annual Permits may be issued at any time for the transport of a factory-built school building as defined in Section 553.415, F.S., meeting the size limitations of a single building move permit, owned by a county school board when a building movement is made from a construction site to a school site or from one school site by a county school board or its contracted mover.

(2) Annual Permit holders must notify all affected area maintenance offices of the origin, route, and destination of movement not less than 24 hours in advance of each move. The Department must approve the date and time of the building movement or the move must be rescheduled.

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92, 11-19-07.

Fla. Admin. Code R. 14-63.006 Fees

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.06, Amended 1-3-90, 7-1-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.007 Bond Requirements

History

Rulemaking Authority 334.044(2), 316.550 FS. Law Implemented 316.550, 316.560 FS. History–New 9-1-71, Formerly 14-63.07, Amended 1-3-90, 7-1-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.008 Traffic Control

History

Rulemaking Authority 334.044(2), 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.08, Amended 1-3-90, 7-1-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.009 Obligation to Owners of Utilities and Facilities

History

Rulemaking Authority 316.009 FS. Law Implemented 316.009 FS. History–New 9-1-71, Formerly 14-63.09, Repealed 1-3-90.

Fla. Admin. Code R. 14-63.0091 Application Procedure and Notice to Others

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 1-3-90, Amended 7-1-92, 7-19-94, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.010 Application Procedures

History

Rulemaking Authority 316.009 FS. Law Implemented 316.009 FS. History–New 9-1-71, Formerly 14-63.10, Repealed 1-30-90.

Fla. Admin. Code R. 14-63.0101 Liability and Insurance

History

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550, 316.560 FS. History–New 1-3-90, Amended 7-1-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-63.011 Non-Compliance

(1) Suspension, revocation, or denial of permit. The Department, for good cause, will deny, revoke, or suspend any permit for a specified period of time up to 12 months. Good cause includes:

(a) Failure by the permittee or its agents to comply with the requirements of this rule chapter or the requirements of Chapter 316, F.S.

(b) A determination that the permittee has submitted a misleading permit application or information.

(d) Travel by the permittee on other than approved routes.

(e) Instances in which the permittee or its agent has previously undertaken a move without obtaining the necessary permit.

(f) Other reasons of health, safety, or welfare.

(2) Penalties.

(a) In addition to a suspension, revocation, or denial of a current permit for cause as set forth in subsection (1), in any 12 month period, the Department, for good cause, as defined in subsection (1), will deny issuance of future permits for periods of time as follows:

VIOLATION OF PRIOR PERMIT

PERMIT DENIAL PERIOD

First

30 Days

Second

180 Days

Third

12 Months

However, the Department will not refuse to issue a permit because of an alleged violation until a final order is entered or the permittee does not request an administrative hearing.

(b) Any person who fails to obtain a permit or violates the provisions of a permit issued under this rule chapter shall pay a penalty. Penalties shall be imposed on overdimensional loads or vehicle building movements as follows:

TYPE OF VIOLATION

PENALTY

Operating without a permit.

Ten times the cost of the permit not to exceed $500.00.

Violating the terms or conditions of a current permit.

$250.00 per violation, up to a maximum of $1,000.00.

Modifying the terms or conditions of a current permit.

Ten times the cost of the permit not to exceed $500.00.

History

Rulemaking Authority 316.550 FS. Law Implemented 316.550 FS. History–New 9-1-71, Formerly 14-63.11, Amended 1-3-90, 7-1-92, 6-24-99, 11-19-07.

Chapter 14-65 TEMPORARY CLOSING AND SPECIAL USE OF STATE ROADS

Fla. Admin. Code R. 14-65.001 Scope

History

Rulemaking Authority 334.044(2), 337.406(1) FS. Law Implemented 316.006(1), 316.008, 337.406, 338.01, 496.425 FS. History–New 9-1-71, Amended 4-5-79, 11-13-79, Formerly 14-65.01, Amended 1-19-89, 4-15-92, Repealed 12-31-96.

Fla. Admin. Code R. 14-65.0011 Excemptions

History

Rulemaking Authority 334.044(2), 337.406(1) FS. Law Implemented 316.006(1), 316.008, 337.406, 338.01 FS. History–New 1-19-89, Amended 4-15-92, 7-1-92, Repealed 12-31-96.

Fla. Admin. Code R. 14-65.002 State Roads in Municipal Corporate Limits

History

Rulemaking Authority 334.02(6), 316.006 FS. Law Implemented 334.02(6), (7), 316.008(1)(c), (3) FS. History–New 9-1-71, Amended 4-5-79, 11-13-79, Formerly 14-65.02, Repealed 1-19-89.

Fla. Admin. Code R. 14-65.0025 Scope, Definitions, and Exceptions

This rule chapter specifies procedures for obtaining a prior written approval from the Department when necessary to conduct a special event, and the requirements for filming on a state road.

(1) Definitions.

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

(b) “Commercial Activities” means displaying merchandise for sale or distribution, servicing, repairing or storing any vehicle for profit, or displaying advertising of any sort.

(d) “Local Governmental Entity” means as defined in Section 334.03(14), F.S.

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

(f) “Filming” means the activities involved in the creation of visual media, including film, broadcast, or video production.

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

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

(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.

History

Rulemaking Authority 334.044(2), 335.10 FS. Law Implemented 316.003, 316.006(1), 316.008, 334.03, 337.406 FS. History–New 1-19-89, Amended 4-15-92, 12-31-96, 6-25-12.

Fla. Admin. Code R. 14-65.003 State Roads Outside Municipal Corporate Limits

History

Rulemaking Authority 334.02(6), 316.006 FS. Law Implemented 334.02(6), (7), 316.008(1)(c), (3) FS. History–New 9-1-71, Amended 4-5-79, 11-13-79, Formerly 14-65.03, Repealed 1-19-89.

Fla. Admin. Code R. 14-65.0035 Temporary Closing of State Roads for Special Events

(1) General Criteria:

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

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

(c) Temporary closing of State Road Permit, Form 850-040-65, Rev. 12/11, hereby incorporated by reference, available from any local area operations center/maintenance office, district maintenance office, http://www.flrules.org/Gateway/reference.asp?No=Ref-01245 or Department website: www.dot.state.fl.us/proceduraldocuments, shall be completed and submitted by the local governmental entity to the Department’s district or local maintenance office.

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

A certified copy of an excerpt from the minutes of a duly scheduled meeting, or duly executed resolution, of the local governmental entity authorizing the special event. The local governmental entity may, by resolution, designate an official (Mayor, City Manager, etc.) authorization;
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;
Written approval from the United States Coast Guard if the proposed route of the special event involves any movable bridge.

(e) Closing of the state road shall not be for the purpose of conducting commercial activities, except when conducted in conjunction with a special event and approved in writing by the local governmental entity.

(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.

History

Rulemaking Authority 334.044(2), 335.10 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, 6-25-12.

Fla. Admin. Code R. 14-65.004 Procedures Subsequent to Approval of Request for Temporary Closing of State Roads Other Than Limited Access Facilities

History

Rulemaking Authority 334.044(2), 337.406(1) FS. Law Implemented 316.003, 316.006(1), 316.008, 337.406(1), 496.425 FS. History–New 9-1-71, Amended 4-5-79, 11-13-79, Formerly 14-65.04, Amended 1-19-89, 4-15-92, 7-1-92, Repealed 12-31-96.

Fla. Admin. Code R. 14-65.005 Form to Request Temporary Closing or Special Use of State Road

History

Rulemaking Authority 334.044(2), 337.406(1) FS. Law Implemented 316.006(1), 316.008, 337.406 FS. History–New 4-5-79, Amended 11-13-79, Formerly 14-65.05, Amended 1-19-89, 4-15-92, Repealed 12-31-96.

Fla. Admin. Code R. 14-65.006 Temporary Closing and Special Use of Interstate and Other Limited Access Facilities

History

Rulemaking Authority 334.044(2), 337.406(1), 335.10 FS. Law Implemented 316.006(1), 337.406, 338.01 FS. History–New 1-19-89, Amended 4-15-92, Repealed 6-25-12.

Fla. Admin. Code R. 14-65.0065 Filming on State Roads

(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. 12/11, 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, http://www.flrules.org/Gateway/reference.asp?No=Ref-01246 or Department website: www.dot.state.fl.us/proceduraldocuments.

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

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.
A detailed map showing the proposed filming location, clearly defining the area that will be occupied during filming.
The total number of film crew personnel and the amount of equipment with equipment description.
Proof of liability insurance in the amount of $1,000,000. If the filming request involves specialized stunts, pyrotechnics, the use of some form of air transportation over the state 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.
A maintenance of traffic (MOT) plan if the filming will impact traffic or cause lane closures. The MOT 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 Roadway Design Standards index series 600, incorporated by reference in Rule 14-46.001, F.A.C. The Department shall regulate, limit, or restrict hours of filming to minimize disruption of traffic. When filming causes undue disruption of traffic, or creates safety hazards, the Department shall require immediate corrective action within a specified time frame, or cause filming to cease if deemed necessary.
Written approval from the local fire department if pyrotechnics are involved.
Written approval from the U.S. Coast Guard if any movable bridges are affected.
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) Filming of activities on a state road right of way from low flying aircraft must comply with Federal Aviation Administration regulations, and shall not be approved if public safety or welfare is jeopardized.

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

History

Rulemaking Authority 334.044(2), 335.10(2), 335.10 FS. Law Implemented 316.003, 316.006(1), 316.008, 337.406(1) FS. History–New 4-15-92, Amended 6-25-12.

Fla. Admin. Code R. 14-65.0068 Procedures Subsequent to Approval of Request for Request for Special Use of State Roads Including Limited Access Facilities

History

Rulemaking Authority 334.044(2), 337.406(1) FS. Law Implemented 316.003, 316.006(1), 316.008, 337.406(1) FS. History–New 4-15-92, Repealed 12-31-96.

Fla. Admin. Code R. 14-65.007 Notification of Temporary Closing of State Road for Repair, Reconstruction, or Alteration

History

Rulemaking Authority 334.044(2) FS. Law Implemented 335.15 FS. History–New 1-19-89, Amended 4-15-92, Repealed 12-31-96.

Fla. Admin. Code R. 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.

(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.

History

Rulemaking Authority 334.044(2), 334.044(10)(a), 335.10(2) FS. Law Implemented 337.406(1) FS. History–New 6-25-12.

Chapter 14-66 RELOCATION ASSISTANCE REGULATIONS

Fla. Admin. Code R. 14-66.001 Purpose

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Amended 1-12-83, Formerly 14-66.01, Amended 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.002 Scope

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Amended 1-12-83, Formerly 14-66.02, Amended 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.003 Definitions

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Amended 1-12-83, Formerly 14-66.03, Amended 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.004 Public Information

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Amended 1-12-83, Formerly 14-66.04, Amended 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.005 Advisory Services

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Amended 1-12-83, Formerly 14-66.05, Amended 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.006 Written Notices

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Amended 1-12-83, Formerly 14-66.06, Amended 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.007 Relocation Assistance Program

Pursuant to Sections 339.09(2) and (3) and 421.55, F.S., the Department may expend transportation tax revenues on federal and non-federal-aid projects which shall include relocation assistance and moving costs to persons displaced by transportation facilities or other related projects.

(1) The purpose of this rule is to govern the provision of relocation services, moving costs, replacement housing costs, and other related expenses and to ensure that each person displaced as a direct result of a transportation project is treated fairly, consistently, and equitably, so that such person will not suffer disproportionate injury as a result of projects designed for the benefit of the public as a whole, and to ensure that the Department implements these regulations in a manner that is efficient and cost effective. This rule shall apply to all persons displaced by any applicable transportation project on which negotiations for right-of-way acquisition begin after the effective date of this rule. The provisions of 49 C.F.R. Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs effective October 1, 2014, are incorporated into this rule by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-05481 and available at www.fhwa.dot.gov/real-estate/uniform_act. The Department shall require, as a condition of financial participation, that the requirements of this rule be met by the administering Agency on transportation projects or project phases:

(a) That are federalized;

(b) For which there is any anticipation or intent to federalize. Anticipation includes discussion by local or state officials regarding the intended or potential use of federal funds in any phase of the project;

(d) That are intended to be on the State Highway System.

(2) This rule does not apply to projects on or intended to be on the State Highway System, funded by Department long term loan programs to governmental entities which have independent statutory authority to provide transportation projects on the State Highway System.

(3) Definitions. The following definitions, as well as those stated in 49 C.F.R. Part 24, shall apply as used in the context of this rule:

(a) “Agency” shall mean any state, county, district, authority or municipality, department (including the Florida Department of Transportation), division, board, bureau, office, commission, or other separate unit of government created or established by law and any other public or private entity, person, partnership, corporation, or business entity acting on behalf of any Agency.

(b) “Carve Out” shall mean the method used in making a typical homesite determination, whereby, that portion of the parent tract which is typical for residential use in the area is separated from the parent tract for the purpose of the replacement housing payment computation.

(d) “Displacement Dwelling” or “Acquired Dwelling” shall mean the dwelling from which a displaced person is required to move due to a transportation project.

(e) “Domicile” shall mean the place where a person has his or her true, fixed, permanent home and principal establishment and to which he or she has, when absent, the intention of returning.

(f) “Personal Property” shall mean, moveable items not permanently affixed to and a part of the real estate, which typically can be removed without serious injury either to the real estate or to the items themselves.

(4) Advisory Services. The Agency will provide relocation advisory services in accordance with 49 C.F.R. Part 24.

(5) Written Notices. The following written notices will be furnished to each displaced person to provide information regarding the benefits and services available:

(a) A General Information notice shall be furnished to each displaced person as required in 49 C.F.R. Part 24.

(b) A 90-Day Notice will be furnished to each displaced person in accordance with 49 C.F.R. Part 24.

Be delivered at the time of initiation of negotiations for owners, and no later than 14 days from the date of initiation of negotiations for tenants; and,
Provide an explanation of all services and payments to which the occupant is entitled and identify the address of the nearest relocation assistance office where additional information concerning relocation assistance may be obtained.

(d) A Statement of Eligibility shall be furnished to each residential displaced person and shall include:

The amount of the maximum payment for which the displaced person is eligible;
An identification of the comparable replacement dwelling upon which such amount is based. The comparable replacement dwelling upon which the payment eligibility is based must be available to the displaced person at the time the Statement of Eligibility is delivered; and,
A statement of the occupancy requirement necessary for obtaining the full amount of the payment.

(6) Relocation Planning. If a transportation project necessitates the relocation of any person, prior to proceeding with right-of-way negotiations, the Agency shall determine the following:

(a) Comparable replacement dwellings shall be available or provided for each displaced person and such determination shall be accompanied by an analysis of all relocation issues involved and a specific plan to resolve such issues; and,

(b) The relocation program provides orderly, timely, and efficient relocation of displaced persons, including, when appropriate, Housing of Last Resort as required in 49 C.F.R. Part 24, and these regulations.

(7) Moving and Related Expenses. Any displaced person is entitled to payment of actual moving and related expenses, as the Agency determines to be reasonable and necessary, as outlined in 49 C.F.R. Part 24, subject to the following provisions:

(a) In a residential or non-residential self-move, if the Agency questions the reasonableness of a moving expense, the Agency shall obtain an estimate of customary charges for the appropriate moving activity. If the estimate obtained by the agency is less than the charges submitted by the displaced person, for the same activity, the Agency shall reimburse the lesser amount.

(b) When the cost of moving personal property from a residential or non-residential property is expected to exceed $10,000, two estimates of moving costs shall be obtained prior to beginning the move. The amount of the payment is limited to the lower of the two estimates. When a move is expected to cost less than $10,000, a single move estimate prepared by a commercial mover or an Agency employee shall be sufficient.

(c) Moves that require special handling of items to be moved, or subcontracted labor, will be monitored by the Agency. In moves of specialty operations, such as plant nurseries or industrial plants, a specialist may be hired to provide the required monitoring. A detailed monitoring report will include:

Date and time of report;
Location, such as acquired or replacement site;
Number and types of personnel, such as general laborer or foreman, actually involved in the move, including time period each worked;
Equipment being used in the move;
Quantity of inventory moved during the monitoring period;
Special services performed, such as electrical, plumbing, etc., with breakdown as to work done per item, per length of time;
Unusual circumstances or special conditions affecting the move during the reporting period; and,
Advisory services provided during the monitoring period.

(d) When a move is monitored, eligibility for payment shall be contingent on an executed written agreement between the Agency and the displaced person(s) as to:

The date and time the move is to begin;
The items that are listed as part of the realty in the appraisal report and which are not eligible for moving expense reimbursement; and,
The displaced person’s list of items to be moved.

(e) The displaced person shall provide the Agency with, or allow the Agency to take, pre-move and post-move inventories. The Agency will reimburse only costs associated with the personal property actually moved.

(f) After the displaced person receives actual direct loss payment for the items, upon request by the Agency, the displaced person shall transfer to the Agency ownership of personal property that has not been moved, sold, or traded. In the event the Agency acquires personal property as part of the real estate transaction, such personal property shall not be included in the calculation of Relocation Assistance benefits.

(g) If no effort to sell personal property is made by the displaced person(s) and the personal property is abandoned, the displaced person is entitled to neither payment for moving said personal property nor payment for direct loss upon its abandonment.

(h) A business, non-profit organization, or farm operation must provide the Agency with notice of the approximate date of the start of the move at least seven days in advance.

(i) In a non-residential move, the displaced person(s) shall not give permission to a mover to begin the move before receiving authorization from the Agency.

(j) For moves requiring special handling, complete move specifications shall be written by the displaced person(s) or the Agency, or the Agency’s designee.

(k) A business may be eligible to choose a fixed payment in-lieu of payment for actual moving and related expenses, and actual reasonable reestablishment expenses, as provided by 49 C.F.R. Part 24. The displaced business is eligible for a fixed payment if the Agency determines that the business meets all qualifying criteria under 49 C.F.R. Part 24.

(l) All pollutants or contaminants, as defined in Chapters 376 and 403, F.S., which are not hazardous wastes, shall not be abandoned and shall be disposed of or moved to the replacement site by the displaced person owner/operator in accordance with Chapters 376 and 403, F.S.

The Department shall pay the lesser of the cost of disposal or the cost to move, except in cases where materials cannot be moved in accordance with governing regulations. In such cases, the Agency will pay the cost of proper disposal. The displaced person shall be responsible for the actual disposal of such material.
If disposal of hazardous material is a part of the normal operation of the displaced business, the Department shall not pay for the cost of such disposal. If, however, the operation maintains a schedule for the pick-up or transportation of hazardous material to a disposal site and is required to move the material at an unscheduled time, the Department shall pay the actual, reasonable, and necessary extra costs associated with the unscheduled move.

(8) Replacement Housing Payments. Persons displaced from a dwelling acquired for a transportation project are eligible for replacement housing payments in accordance with the payments delineated in 49 C.F.R. Part 24.

(a) A displaced person is eligible for the replacement housing payment for a 90-day homeowner-occupant in accordance with criteria of 49 C.F.R. Part 24.

(b) Typical Homesite Determination.

Typical Tract for Area: If the acquired dwelling is located on a tract typical in size for residential use in the area, the maximum purchase additive payment is the probable selling price of a comparable replacement dwelling on another typical tract, less the acquisition price of the acquired dwelling and the tract on which it is situated. If an uneconomic remnant remains after a partial taking and the owner declines to sell that remnant to the Agency, the fair market value of the remainder will not be added to the acquisition cost of the acquired dwelling for the purposes of computing the replacement housing payment.
Large Tract for Area: If the acquired dwelling is located on a tract larger in size than is typical for residential use in the area, the maximum purchase additive payment is the probable selling price of a comparable replacement dwelling on a typical tract, less the sum of the acquisition price of the acquired dwelling (on the portion of land typical in size for residential use in the area), plus any severance damages to the dwelling or typical homesite area.
Higher and Better Use Tract: If the acquired dwelling is located on a tract where the fair market value is established as a higher and better use than residential, the maximum replacement housing payment is the probable selling price of a comparable replacement dwelling on a typical tract, less the sum of the acquisition price of the acquired dwelling (on the portion of land typical in size for residential use in the area), plus any severance damages to the dwelling or typical homesite.
Joint Residential/Business Use: If the acquired dwelling was part of a property that contained another dwelling unit or space used for non-residential purposes, only that portion of the acquisition payment which is actually attributable to the displacement dwelling shall be considered its acquisition cost when computing the price differential. To determine what constitutes the typical homesite, a tract typical for residential use in the area must be used, even if a portion of that tract is used for other than residential purposes.
Carve-Outs of Homesites: When determining the typical homesite portion of the acquisition price, the actual price paid for the portion of the homesite in the taking area plus the value of the residential improvements in the taking area, plus any severance damages to either the remainder of the dwelling or homesite area shall be used. If damages are assigned to the entire remainder without an allocation between the remainder of the homesite and the excess land remaining, the damages shall be prorated between these remainders to establish the acquisition price of the dwelling, including the structure and land. In areas where a typical homesite cannot be determined due to differences in tract sizes within a residential area, the area actually utilized for residential purposes by the displaced person shall be used to compute the replacement housing payment. Consideration shall be given to locations of driveways and fences, outbuildings, gardens, and pools, and to the area maintained for residential usage. If all or part of areas occupied by non-residential structures must be included in order to create a homesite tract typical of the area, the typical homesite shall be figured using whatever portion of those areas are necessary. For replacement dwellings which are on tracts larger than typical for residential use in the area where the excess land is used for nonresidential purposes, the replacement housing payment shall be calculated using the actual cost of the replacement dwelling plus the prorated portion of the site which is typical for residential use.

(c) Displaced persons are not required to relocate to the same occupancy status (owner or tenant) as existing prior to acquisition, and may choose payment benefits for an alternate occupancy status, if eligible:

At the displaced person’s request, a dwelling which changes the occupancy status of the displaced person(s) shall be provided, if such a dwelling is available and can be provided more economically.
The total rental assistance payment to a 90-day owner (a person who has owned and occupied the residence for at least 90 days prior to the Agency making an offer to purchase it) is determined by calculating the difference between the market rent and average monthly utilities costs for the acquired dwelling and the actual rent and estimated monthly utilities costs of a comparable rental dwelling available on the market, multiplied by 42 months. Under no circumstances would the rental assistance payment exceed the amount that could have been received if the 90-day owner remained under an ownership status.

(d) Single Household, Multiple Occupancy: If two or more displaced persons occupying the displacement dwelling move to separate replacement dwellings and the Agency determines only one household existed, payment shall be as follows:

If a comparable replacement dwelling is not available and the displaced persons are required to relocate separately, a replacement housing payment will be computed for each person separately, based on housing which is comparable to the quarters privately occupied by each individual plus the full value of the community rooms shared with other occupants.
If a comparable replacement dwelling is available, the displaced persons are entitled to a prorated share of the singular relocation payment allowable had they moved together to a single dwelling.

(e) Multiple Household, Multiple Occupancy: If two or more displaced persons occupying the displacement dwelling move to separate replacement dwellings and the Agency determines that separate households had been maintained in the displacement dwelling, the replacement housing payment computation shall be based on housing which is comparable to the quarters privately occupied by each individual plus a prorated share of the value of community rooms shared with other occupants. If two or more displaced persons occupying the displacement dwelling move to a single comparable replacement dwelling, they shall be entitled to only one replacement housing payment under this subsection.

(f) Partial Ownership: When a single-family dwelling is owned by several persons, but not occupied by all of the owners, the replacement housing payment for the displaced owner-occupants is the lesser of the difference between the total acquisition price of the replacement dwelling and the amount determined by the Agency as necessary to purchase a comparable replacement dwelling or the actual cost of the replacement dwelling.

The displaced owner-occupants may choose a rent supplement payment instead of a purchase additive. The rent supplement shall be based on the Agency’s determination of the fair market/economic rent of the displacement dwelling.
To receive the entire replacement housing payment, the owner-occupant must purchase and occupy a replacement dwelling for an amount equal to his or her share of the acquisition payment for the acquired dwelling plus the amount of the replacement housing payment.

(g) A 90-day tenant (persons who rent and occupy a dwelling as a domicile for at least 90 days prior to the Agency making an offer to purchase it) displaced from a dwelling is entitled to a rental assistance payment as outlined in 49 C.F.R. Part 24.

(h) Any displaced person eligible for a rental assistance payment, except a 90-day owner occupant, may choose to use that payment as a down payment supplement, including incidental expenses, to purchase a replacement dwelling, subject to the following:

The full amount of the replacement housing payment for down-payment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.
If the actual required down payment, plus incidental expenses, exceeds the amount of rental assistance eligibility calculated and is no more than $7,200, the payment will be increased to $7,200.
If the required down payment on the replacement dwelling exceeds $7,200 and the rental assistance payment allowable does not exceed $7,200, the down payment supplement shall be limited to $7,200. If the rental assistance payment allowable exceeds $7,200, the full amount of the rental assistance payment shall be used as the down payment supplement under the provisions of Last Resort Housing as outlined in 49 C.F.R. Part 24.
The full amount of the down payment assistance payment shall be applied to the purchase price of the replacement dwelling and related incidental expenses and shall be shown on an executed closing statement or similar documentation for the replacement dwelling.

(i) Displaced persons who are less than 90-day occupants are entitled to a replacement housing payment as outlined in 49 C.F.R. Part 24. Additionally, to be eligible for a replacement housing payment, displaced persons who are less than 90-day occupants must be in occupancy at the time the Agency obtains title to the property. The displaced person will be allowed to relocate prior to the Agency taking title to the property if the Agency determines that continued occupancy would be a danger to the health, safety, and welfare of the displaced person, or if the Agency determines that replacement housing is scarce and may not be available at the time the Agency obtains title to the property.

(9) Mobile Homes. Under 49 C.F.R. Part 24, a mobile home on an acquired parcel is either acquired as part of the real property and is included in the Agency’s acquisition of the fee parcel or is purchased as personal property and not included in the acquisition of the fee parcel.

(a) If the mobile home is considered personal property, the Agency will determine whether or not the mobile home can be relocated.

(b) If the mobile home can be relocated, the owner is eligible for reimbursement for the cost to move the mobile home.

(c) If the Agency determines that the mobile home cannot be relocated, the mobile home is eligible for purchase and the Agency will make an offer to purchase, based on the fair market value of the mobile home. If the mobile home owner does not agree to sell the mobile home to the Agency and the displaced person is the owner-occupant of the mobile home, the price differential described in 49 C.F.R. Part 24, shall be the lesser of:

The reasonable cost of a comparable replacement dwelling; or
The purchase price of the decent, safe, and sanitary replacement dwelling actually purchased and occupied by the displaced person;
Minus the higher of:

a. The salvage value, or

b. The trade-in value.

(d) If the Agency determines that it is practical to relocate the mobile home, but the owner-occupant elects not to do so, then, for the purposes of calculating a price differential under 49 C.F.R. Part 24, the cost of a comparable replacement dwelling shall be the sum of:

The fair market value of the mobile home;
The cost of any necessary modifications or repairs. Necessary modifications or repairs shall mean those needed to reestablish the mobile home to its previous state prior to displacement or to make it decent, safe, and sanitary; and,
The estimated cost to move the mobile home to a replacement site, not to exceed a distance of 50 miles. The mobile home owner-occupant still owns the mobile home and is responsible for moving it from the acquired site. If the mobile home is abandoned, the Agency may remove it from the site.

(e) If a mobile home owner-occupant retains and re-occupies a mobile home which is not decent, safe, and sanitary, the costs necessary to bring it up to decent, safe, and sanitary standards may be claimed from the available price differential or down payment supplement. The amount claimed may not exceed the amount allowed in the replacement housing payment computation. The Agency will not disburse a payment until the mobile home meets decent, safe, and sanitary requirements set forth in 49 C.F.R., Part 24 or applicable local housing standards.

(f) If the Agency acquires or purchases a mobile home as personal property, the mobile home owner shall provide, upon request, a bill of sale and a transfer of the title for the mobile home to the Agency.

(10) Claim Filing and Documentation. Each relocation payment claim shall be accompanied by complete documentation supporting expenses incurred, such as bills, receipts, and appraisals. The Agency shall provide assistance to a displaced person as necessary to complete and file any required claim for payment.

(a) Displaced persons shall provide the Agency with valid copies of the closing statement for the replacement dwelling or other documentation of expenses incurred in order to receive reimbursement for incidental closing expenses. Reimbursable expenses which are incurred by the origination of a new mortgage for the replacement dwelling shall be based upon the lesser of the balance of the mortgage on the acquired dwelling or the balance of the new mortgage on the replacement dwelling. Eligible expenses, except mortgage interest differential payments, are reimbursable regardless of the length of time a mortgage has been in effect on the displacement acquired dwelling.

(b) In order for a displaced person to receive reimbursement for a rent supplement, the displaced person shall provide the Agency with evidence of rent and utility costs at the displacement dwelling, rent and utility costs at the replacement dwelling, and gross monthly household income.

(c) In order to receive reimbursement for a down payment supplement the displaced person(s) shall provide the Agency with a copy of the purchase contract and a copy of the closing statement for the replacement dwelling.

(d) The displaced person(s) shall certify that the displacement dwelling is the domicile of the displaced person(s) and the length of time he or she has occupied the displacement dwelling. The displaced person(s) shall also certify the date that the replacement dwelling was occupied and shall state that to the best of his or her knowledge, the replacement dwelling meets decent, safe, and sanitary requirements.

(e) Payments shall be made after the move is completed unless a hardship exists.

(f) When advance payments due to hardship are made, displaced persons shall demonstrate the need therefor by providing evidence thereof, and shall certify in writing that the payment satisfies any further claim for reimbursement of items for which that claim is intended, and that the displaced person will comply with applicable provisions in the move of their personal property.

(g) Displaced persons shall provide written authorization in the application if a replacement housing payment is to be made to other parties on their behalf. If an eligible displaced person wishes the payment for moving costs to be made directly to a vendor, such request must be made in writing.

(h) If a condemnation suit has been filed, prior to receiving a replacement housing payment, the displaced person(s) must agree to a condemnation clause that has been incorporated into Department Form 575-040-14, Application and Claim for Replacement Housing Payment, Rev. 5/15, incorporated herein by reference https://www.flrules.org/gateway/reference.asp?No=Ref-05462 and available at http://www2.dot.state.fl.us/proceduraldocuments/forms/forms.asp.

Upon final determination of the condemnation proceedings, the replacement housing payment shall be recomputed using the acquisition price established by the court or by stipulated settlement and the lesser of the actual price of the decent, safe, and sanitary replacement dwelling or the cost of a comparable replacement dwelling.
If the amount awarded exceeds the actual price of a decent, safe, and sanitary replacement dwelling or comparable replacement dwelling, the displaced person(s) shall refund to the Agency an amount equal to the amount of the excess. The refund will not exceed the full amount of the initial replacement housing payment calculation.

(i) In the event the Department determines that the acquisition of a portion of property will require a displacement, the Department will offer to relocate the affected person.

History

Rulemaking Authority 334.044(2), 339.09(2) FS. Law Implemented 339.09(2), (3), 421.55 FS. History–New 8-9-72, Formerly 14-66.07, Amended 11-24-92, 12-7-00, 4-17-07, 7-21-15.

Fla. Admin. Code R. 14-66.008 Moving and Related Expenses

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Formerly 14-66.08, Amended 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.009 Replacement Housing Payments

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3), 421.55(3) FS. History–New 8-9-72, Amended 1-12-83, Formerly 14-66.09, Amended 11-24-92, 8-17-93, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.010 Mobile Homes

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 8-9-72, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.011 Claims Filing and Documentation

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 11-24-92, Repealed 12-7-00.

Fla. Admin. Code R. 14-66.012 Appeal Rights

History

Rulemaking Authority 334.044(2) FS. Law Implemented 339.09(2), (3) FS. History–New 11-24-92, Repealed 12-7-00.

Chapter 14-73 PUBLIC TRANSPORTATION

Fla. Admin. Code R. 14-73.001 Public Transit

(1) Purpose. This rule sets forth requirements of Section 341.052(1) and (2), F.S., for the recipients of the Department’s public transit grant funds.

(2) Definitions.

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

(b) “District Office” means any of the seven geographically defined districts as set forth in Section 20.23(4)(a), F.S.

(d) “MPO” means the Metropolitan Planning Organization or similarly named organization responsible for the federally required transportation planning processes in metropolitan areas, jointly administered by the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) as set forth in 49 U.S.C. 5303 and 23 U.S.C. 134.

(3) Transit Development Plans (TDPs). TDPs are required for grant program recipients in Section 341.052, F.S. A TDP shall be the provider’s planning, development, and operational guidance document, based on a ten-year planning horizon and covers the year for which funding is sought and the nine subsequent years. A TDP or an annual TDP Update shall be used in developing the Department’s five-year Work Program, the Transportation Improvement Program, and the Department’s Program and Resource Plan. A TDP shall be adopted by a provider’s governing body. Technical assistance in preparing TDPs is available from the Department. TDPs shall be updated every five years in coordination with the development of the local MPO’s Long Range Transportation Plan (LRTP) and the Metropolitan Transportation Planning process. The development of TDPs and MPO’s Long Range Transportation Plans (LRTPs) shall be coordinated using the comparable baseline year and future year data to identify the multimodal system deficiencies, considering land use, state and local transportation plans, other governmental actions and policies, and socioeconomic trends. Every five years TDPs (TDP Updates) shall include all the elements described below.

(a) Public Involvement Process. The TDP preparation process shall include opportunities for public involvement as outlined in a TDP public involvement plan, approved by the Department, or the local MPO adopted Public Involvement Plan (PIP), approved by both the FTA and the FHWA. The provider is authorized to establish time limits for receipt of comments. The TDP shall include a description of the process used and the public involvement activities undertaken. As required by Section 341.052, F.S., comments must be solicited from local and regional workforce boards established under Chapter 445, F.S. The Department, the local/regional workforce board, local government comprehensive planning departments, and the MPO shall be advised of all public meetings where the TDP is to be presented or discussed, and shall be given an opportunity to review and comment on the TDP during the development of the proposed public transportation projects and services, and a ten-year implementation program.

(b) Relationship Review to Other Plans. The TDP shall consider and be consistent with the Florida Transportation Plan, the local government comprehensive plans, the MPO long-range transportation plan, and regional transportation goals and objectives. The TDP shall discuss the relationship between the public transportation Ten-Year Operating and Capital Program and other local plans.

(c) Metropolitan Transportation Planning Process Coordination Program. The TDP shall include a detailed coordination program defining collaborative participation and consistency in developing and implementing both the TDP and LRTP with the local Metropolitan Planning Organization, as well as other related MPO multi-modal planning and programming including the Unified Planning Work Program (UPWP), the Transportation Improvement Plan (TIP), and Corridor Development Studies.

(d) Demand Estimation. An estimation of the community’s demand for transit service using the planning tools provided by the Department, or a Department approved transit demand ridership forecast software and/or estimation technique with supporting demographic, land use, transportation, and transit data. The result of the transit demand estimation process shall be a ten-year annual projection of transit ridership.

(e) Land Use and Corridor Development Assessment. An assessment of the extent to which the land use and urban design patterns in the provider’s service area support or hinder the efficient provision of existing and future transit services, including any efforts being undertaken by the provider or local land use authorities to foster a more multi-modal operating environment. This assessment will also address priority transit corridors developed in the TDP as well as in the LRTP for consistency and coordination.

(f) A Ten-Year Operating and Capital Program. This program shall include:

A ten-year schedule of projects that identifies the provider’s future operating and capital projects over a 10-year planning horizon. The ten-year schedule of projects shall include project descriptions, maps indicating areas to be served, a project timeline, associated costs, and the type and level of service and capital improvements to be provided.
A financial plan, which shall include a ten-year planning horizon that identifies each project’s operating and capital expenses for the schedule of projects.
A list of priority projects based on the 10-year schedule of projects, which shall include a ranking by each project’s importance, the description, type, location, and identification of funding availability. This list can include projects that exceed beyond the tenth year.

(4) Annual TDP Updates. The Annual TDP Update shall be an update of the ten-year operating and capital program. This update shall include a formatted table presenting the ten-year schedule of projects, financial plan, and list of priority projects, and any updated modifications to the previous year’s ten-year operating and capital program and extending this ten-year operating and capital program to a new tenth year. The Annual TDP Update shall include a brief narrative overview of the TDP process specifically addressing progress, and achievements of the Metropolitan Transportation Planning Process Coordination Program.

(5) Plan Submission and Approval.

(a) To be approved by the Department, a TDP must meet all applicable deadlines and address all requirements of this rule, including a public involvement plan that included opportunities for review and comment by interested agencies, and citizens or passengers during the development of the ten-year operating and capital program. The Annual TDP Update does not need to be adopted by the transit agencies governing board. The 5-year TDP must be approved by the transit agency’s governing board. All 5-year TDP and Annual TDP Updates must be presented to the local MPO governing board.

(b) TDPs must be submitted to the Department by March 1. Within 60 days of receiving an adopted TDP or Annual TDP Update, the Department will notify the provider as to whether or not the TDP or annual update is in compliance with the requirements of this rule, and, if not in compliance, a list of deficiencies will be cited to the provider for resubmittal. Within 30 days of any resubmitted TDP or annual update the Department will notify the provider as to whether or not the resubmission is in compliance with the requirements of this rule. TDPs filed late will be accepted if extenuating circumstances beyond the provider’s control exist, and the District Office is able to complete its review and approval process by June 30.

(6) Grant Administration. Public transit funds will be considered on the basis of public transit needs as identified in TDPs. The Department is authorized to fund up to such percentages as are designated for each type of public transportation project by Chapter 341, F.S., for the respective state and federal projects described therein. The Department shall, within statutory parameters, determine the level of funding participation for each project.

(a) State funding participation in public transit projects and services shall require a duly executed agreement, unless otherwise required by law.

(b) Eligibility to receive state public transit grants from the Department is limited to those providers specifically designated by law to receive such grants, and determined by statutory budgeting and programming requirements.

(c) Written requests for appropriated public transit grant funds by a provider are to be addressed to the District Office in which district the provider operates public transit service. The request shall include at a minimum the name and address of the provider, level of funding being requested, type of funding or program participation requested, and use to be made of the requested funds. Where a deadline for applications has been established, applications received after the deadline shall be returned. Deadlines for each program application may be obtained from the District Office.

(d) Federal funds for which the Department is the primary recipient may involve special application procedures or submittal format, imposed by the federal grantor agency as a condition of receiving federal funds. The provider will be notified by the District Office of special application requirements at the time of submission of a written request for funding if the District Office has not previously distributed such information to the provider.

(e) The Department will award public transit grant funds after July 1 of each state fiscal year, but will not award funds until a provider’s TDP has been found to be in compliance with this rule.

(f) Approved TDPs and Annual TDP Updates shall be on file at the appropriate District Office by the due date of June 30 for the next Department fiscal year in which funding is available. If a provider’s required annual TDP documentation has not been submitted and approved by the June 30 due date, the provider will be found in noncompliance with the rule and will not receive any state public transit grant funds for the subject year of availability. Funds that may have been allocated for noncompliant providers will be allocated among the remaining eligible providers.

History

Rulemaking Authority 334.044(2), 341.041(12)(b) FS. Law Implemented 341.041, 341.051, 341.052, 341.071 FS. History–New 9-24-75, Formerly 14-73.01, Amended 12-8-92, 2-20-07, 7-9-24.

Fla. Admin. Code R. 14-73.002 Ridesharing

(1) Definition. “Ridesharing” means an arrangement between persons with a common destination, or destinations, within the same proximity, to share the use of a motor vehicle on a recurring basis for round trip transportation to and from their place of employment or other common destination and further defined in Section 341.031(9), F.S.

(2) Purpose. This rule identifies the criteria to be satisfied by a ridesharing arrangement so that it might be considered a part of a ridesharing program and establishes requirements for insurance levels as one of the criteria.

(3) Criteria. A ridesharing arrangement shall be considered a part of a ridesharing program and the vehicles used in such arrangements shall not be considered commercial motor vehicles as defined in Chapters 207 and 316, F.S., provided that the following criteria are satisfied:

(a) The persons who are party to the ridesharing arrangement and utilize it for transportation service shall share a common destination, or destinations within the same proximity;

(b) The transportation under such an arrangement shall be limited to a single round trip per day;

(c) The vehicle utilized in such an arrangement shall be manufactured for the transportation of fifteen or fewer persons;

(d) The ridesharing arrangement shall secure insurance coverages in accordance with current statutory requirements with additional liability coverages as follows:

Vehicles designed to carry a driver and less than six passengers must meet the requirements for liability and property damage as established in Chapter 324, F.S.
Vehicles designed to carry a driver and six or more passengers shall meet the following liability and property damage insurance requirements:

a. $100,000 liability per person.

b. $500,000 liability per accident.

c. $50,000 property damage.

History

Rulemaking Authority 334.044(2), 341.041(11) FS. Law Implemented 341.031(9), 341.041(10) FS. History–New 2-16-79, Formerly 14-73.02, Amended 12-8-92.

Chapter 14-75 QUALIFICATION, SELECTION AND PERFORMANCE EVALUATION REQUIREMENTS FOR PROFESSIONAL CONSULTANTS TO PERFORM WORK FOR DOT

Fla. Admin. Code R. 14-75.0022 Consultant Qualification Process

(1) This rule chapter establishes minimum qualification standards by type of work for consultants, the consultant competitive selection process, and the work performance evaluation system for professional consultants who seek to provide professional services to the Department pursuant to Sections 287.055, 337.107 and 337.1075, F.S.

(2) The provisions of Rule 28-106.103, F.A.C., will be used in computing any period of time prescribed by this rule chapter.

(3) Application for Qualification.

(a) A Professional Consultant who desires to qualify with the Department shall submit a Request for Qualification Package for Professional Consultants, Form No. 375-030-01, Rev. 01/06, incorporated herein by reference, which may be obtained from the Procurement Office, MS 20, Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida 32399-0450, or from the Department’s web page at http://www.dot.state.fl.us/procurement/.

(b) Professional Consultants who are not qualified at the time of advertisement for a consultant project must file with the Department a completed Request for Qualification Package for Professional Consultants on or before the project’s advertised letter of response date. The Department is not obligated to delay any part of the consultant selection process or the execution of a contract, for a consultant who has not been qualified.

An audit report prepared by an independent Certified Public Accountant or governmental agency. The audit report must be received by the Department within six months of the end of the fiscal year it addresses, and will include the following:

a. A statement indicating the existence of an adequate accounting system that meets the Department’s audit requirements, as evidenced by certification by an independent Certified Public Accountant or governmental agency. The system must be adequate to support all billings made to the Department and other clients.

b. A statement indicating the direct labor costs incurred, listing allocable indirect costs, and listing other direct costs incurred for the most recently completed fiscal year.

c. A statement of reimbursement rates for indirect costs (overhead), direct expenses, and Facilities Capital Cost of Money (FCCM) for the most recently completed fiscal year.

d. A statement that the consultant’s method of estimating costs for proposals is consistent with the accounting system.

e. A statement that the audit was performed in accordance with generally accepted governmental auditing standards, the Department’s Reimbursement Rate Audit Guidelines, 2005, and the Government Auditing Standards, 2003 Revision, published by the U.S. Government Printing Office, which are hereby incorporated by reference.

Consultants who have been operating for less than one complete fiscal year, consultants who have reorganized to the extent that the most recent reimbursement rate audit does not reflect currently valid reimbursement rates, and consultants who have established and operated an accounting system in accordance with the minimum standards provided in the Department’s Reimbursement Rate Audit Guidelines, 2005, for a period of less than one year, will prepare a projected overhead direct expense, and FCCM rates which will be supported by estimated revenues and expenditures for the first fiscal year’s operations since organization, reorganization, or implementation of the acceptable accounting system. The Department’s Office of Inspector General shall review the estimate and establish provisional reimbursement rates, which may be used in Department contracts until the consultant has completed its first fiscal year of operation, at which time the consultant shall submit an annual reimbursement rate audit performed by an independent Certified Public Accountant or governmental agency.
Consultants requesting qualification for minor projects only, with contract fees under $250,000, or consultants qualifying solely for contracting under Group 20, Appraisal Services, or Group 22, Acquisition Business Damage Estimating and Estimate Review, in any dollar amount, are not required to submit a reimbursement rate audit. They may submit a self-certified overhead report and statement describing their accounting system, certified by a principal, in lieu of an audit report and accounting system certification prepared by an independent Certified Public Accountant or governmental agency. Such report will be in the format specified in the Department’s Reimbursement Rate Audit Guidelines, 2005.
Proof of professional liability insurance by one of the following methods:

a. Submittal of a current certificate of professional liability insurance from a company or companies authorized to do business in Florida; or an unequivocal commitment letter from such an insurance company stating that professional liability insurance would be provided to the applicant; or

b. Submittal of a commitment letter from a financial institution meeting the requirements of Section 337.106, F.S., stating that a nonassignable and nontransferable irrevocable letter of credit, established pursuant to Chapter 675, and Section 337.106, F.S., and Rule Chapter 14-116, F.A.C., can be provided to the applicant in a minimum amount of $250,000.

(4) Procedure.

(a) Within 30 days after receipt of a completed Request for Qualification Package for Professional Consultants, the Department shall examine the application and notify the applicant in writing of any apparent errors or omissions, and request any additional information required by the Department to properly evaluate the application. The applicant shall submit any requested information to the Department within 30 days of receipt of the Department’s request for such information. The Department shall process the application within 30 days after receipt of the requested additional information or correction of apparent errors or omissions. If the information is not provided within 30 days after receipt of the request, the application shall be processed with the information provided.

(b) Upon receipt of a complete application the Department shall make such inquiries and investigations as deemed necessary to verify and evaluate the applicant’s statements and determine competency for qualification.

(c) Information which the Department shall consider in determining whether a consultant is qualified to perform the types of work shall include:

Current license or registration as regulated by the State of Florida or national organizations, as appropriate.
Personnel with appropriate experience and training as detailed in the type of work qualifications.
Registration with the Florida Department of State, if the applicant is a corporation or limited partnership.
Past performance on Department contracts.
Integrity and responsibility, which shall include history of debarment or suspension from consideration for work with any other governmental entity.
History of conviction for contract crime pursuant to Section 337.165, F.S., and Rule 14-75.0071, F.A.C., by the applicant or its affiliate, including reapplication or reinstatement.
Employment of, or otherwise providing compensation to, any employee or officer of the Department.
Willfully offering an employee or officer of the Department any pecuniary or other benefit with the intent to influence the employee or officer’s official action or judgment.
The acceptability of the supporting reimbursement rate, accounting system, and insurance information.

(d) Audit reports are subject to review by the Department. The consultant will provide additional information and documentation upon request by the Department.

(e) If the Department intends to deny the application, or deny qualification for any type of work, the Department shall state in writing and with particularity the grounds or reasons for the denial, and shall inform the applicant of the right to a hearing pursuant to Section 120.57, F.S. Delivery of the Notice of Intent to Deny shall be made by certified mail, return receipt, to the address listed in the applicant’s application for qualification.

(5) Period of Validity of Qualification. The period of qualification will be no more than one year and will expire annually six months after the end of the consultant’s fiscal year. Application for renewal must be received by the Department no later than five months after the end of such fiscal year.

(6) Changes in Qualification Status.

(a) A consultant shall submit a revised application in the event a change in the status of its firm occurs, including a change of ownership, a change in the form of the business entity under which the firm operates, a change in any of the staff used to qualify the firm to perform any type of work, or any other change which affects an element the Department considers under Rule 14-75.0022, F.A.C., when initially qualifying consultants. A revised application may be the basis for notice of agency action under Rule 14-75.0051, F.A.C.

(b) A consultant need not submit a revised application solely because of any change in the officers or the name of a corporation, but such information shall be certified to the Department within ten days of its occurrence.

(7) A consultant may apply for qualification up to three months prior to the expiration of an existing qualification.

History

Rulemaking Authority 287.055, 334.044(2), 337.105 FS. Law Implemented 287.055, 337.107, 337.1075, 337.167 FS. History–New 3-29-89, Amended 1-2-91, 9-29-92, 2-22-94, 8-5-96, 1-17-99, 8-2-01, 4-29-03, 6-15-04, 5-15-06.

Fla. Admin. Code R. 14-75.003 Minimum Technical Qualification Standards by Type of Work

The Department will periodically audit a sampling of qualified consultants to ensure compliance with the qualification requirements, and consultants found to misrepresent their qualifications will be subject to suspension of qualifications with the Department in accordance with Rule 14-75.0051, F.A.C. The following criteria apply to the qualification of professional consultants:

(1) No professional or key personnel may be listed as employees of more than one consultant currently qualified with the Department. If a newly listed employee has been employed by a consultant currently qualified with the Department, within the 12 months immediately preceding the application, the application must so indicate and provide the date that such employee was hired by the consultant. The employee shall be deleted from the personnel list of the previous employer’s firm, and if such deletion affects the qualification status of the previous employer, notice shall be given to said previous employer pursuant to Rule 14-75.0051, F.A.C.

(2) The Department shall not recognize joint ventures for purposes of qualifying consultants to work for the Department. Each individual or firm will be annually qualified based upon individual or firm capability.

(3) Appropriate type of work codes will be included in each public notice regarding needed professional services. Persons or firms responding to such notices must be qualified with the Department in the advertised types of work, unless otherwise specified in the notice. Subconsultants qualified with the Department may be used to meet the above requirements, where appropriate, so long as the responding consultant is also qualified with the Department in some standard type of work.

(4) All personnel listed by the consultant in order to qualify for any type of work or sub-category must be bona fide employees of the firm, or under exclusive contract to the firm, must be actively engaged in the type of work for which they are listed, and must have work experience demonstrating an ability to perform the activities normally associated with the particular type of work or sub-category for which qualification is sought. The Department must be notified within 10 days of the departure from the firm of personnel used to prequalify the firm in any type of work.

(5) Qualification may be sought in any of the following categories or sub-categories:

(a) Group 2. Project Development and Environmental (PD&E) Studies.

Type of Work. This work group involves the study and evaluation of the social, economic, and environmental effects on the human and natural environment by transportation systems and alternate transportation modes in meeting identified community transportation and growth needs. Such work also includes the evaluation of alternate transportation corridors, and location/design alternatives within viable corridors. The work involves preparing engineering studies to address economic and engineering feasibility of alternatives, level of service, traffic capacity, geometrics, soils, structures, intersection and interchange improvements, etc., to accommodate travel demand at an acceptable level of service. Additionally, the work entails the detailed study and preparation of environmental reports and documents which evaluate the physical, natural, social, cultural, economic, and human impacts of the alternatives under consideration upon the adjacent community. Public involvement and interagency coordination are integral parts of the assessment process. Potential mitigations that are identified in the studies and public involvement are evaluated and incorporated into the alternatives as appropriate.
Qualification Requirements. Group 2: PD&E Studies. This work group requires a professional engineer, a natural scientist, and a social scientist. The professional engineer must be registered with the Florida State Board of Professional Engineers and must have managed and completed at least one PD&E study or similar study, including roadway design and environmental engineering. This experience must include conducting environmental studies for transportation projects involving highway projects and public involvement issues. The natural scientist must have a four-year university or college degree and experience in a natural science such as ecology, biology, environmental science, or wildlife management and have completed at least one PD&E study or similar study in a natural science area such as defined above. The social scientist must have a four-year university or college degree and experience in a social science such as psychology, sociology, statistics, political science, geography, urban planning demographics, archeology, or economics and have completed at least one PD&E study or similar study in a social science area such as defined above.

(b) Group 3. Highway Design – Roadway. This work group involves the production and/or review of highway plans, related design studies, creative utilization of roadsides, and the accommodation of utilities and utility crossings (where appropriate), which conform with acceptable design standards and which meet the specific requirements of the Department or the Federal Highway Administration.

This group includes the following sub-categories of qualification:

a. Type of Work 3.1: Minor Highway Design. This type of work includes roadway design for rural RRR and minor widening and resurfacing projects which do not involve major reconstruction, new curb and gutter, or substantial capacity improvements. This work type also includes interstate projects involving resurfacing only. Projects of this type generally involve minor drainage, utility relocation, traffic operations improvements, miscellaneous design services, etc.

b. Type of Work 3.2: Major Highway Design. This type of work includes roadway design for all urban highways with new curb and gutter and new or major reconstruction rural projects with substantial capacity improvements such as adding two or more lanes. Projects of this type generally include utility relocation plans, drainage design and permitting, maintenance of traffic plans, traffic engineering applications, intersection details, etc.

c. Type of Work 3.3: Controlled Access Highway Design. This type of work includes design of new and complex reconstruction projects on controlled access facilities including interstates, interchanges, and expressways. Projects of this type generally include the use of complex geometrics, substantial drainage evaluation and design features, permitting, traffic engineering applications, utility relocation plans, maintenance of traffic plans, interchange design, etc.

Qualification Requirements.

a. Type of Work 3.1: Minor Highway Design. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having proficiency in civil engineering and at least one year of post-registration experience in the design and preparation of plans for highways.

b. Types of Work 3.2 and 3.3: Major Highway Design and Controlled Access Highway Design. These types of work require at least two professional engineers, registered with the Florida State Board of Professional Engineers, having proficiency in civil engineering and at least two years of post registration experience in the design and preparation of plans for highways, one year of which must be in the category for which qualification is sought.

(c) Group 4. Highway Design – Bridges. This work group involves the production and/or review of competently engineered bridge plans which conform with acceptable design standards and which meet the specific requirements of the Department or the Federal Highway Administration.

This group includes the following sub-categories of qualification:

a. Type of Work 4.1: Miscellaneous Structures and Minor Bridge Design. This type of work is subdivided into two categories.

(I) Type of Work 4.1.1: Miscellaneous Structures. This group type of work includes the design of sound barriers, structural supports for highway signals, luminaries, and traffic signals.

(II) Type of Work 4.1.2: Minor Bridge Design. This type of work includes the design of conventional, non-complex bridges and the structural design of other highway-related structures such as non-standard concrete box culverts and retaining walls. Generally, this group is limited to designs utilizing conventional foundation types, simple geometry, and having total estimated bridge(s) plan area(s) no greater than 100,000 square feet (sum of the areas of multiple bridges). Typically, this includes design for the construction, rehabilitation, widening, or lengthening of box culverts, retaining walls, cast-in-place or precast prestressed short span slab type bridges, simple span prestressed concrete beam bridges, and simple span I-beam bridges.

b. Type of Work 4.2: Major Bridge Design. This type of work includes the design of structures that cannot be included in Type of Work 4.1 because of deck area, complex geometry (curvature, skew, or variable width), complexity of design (including bridges with statically indeterminate superstructure components) with spans estimated to be less than 400 feet, non-conventional substructures, substructures requiring ship impact design, bridges over navigable waters, and railroad bridges. This type of work is subdivided into three categories:

(I) Type of Work 4.2.1: Major Bridge Design ‒ Concrete: This group includes design for construction, rehabilitation, widening, or lengthening of structurally continuous concrete superstructures (longitudinally post-tensioned concrete beam bridges, etc.), reinforced concrete boxes, and post-tensioned substructures.

(II) Type of Work 4.2.2: Major Bridge Design ‒ Steel: This group includes design for the construction, rehabilitation, widening, or lengthening of structurally-continuous steel superstructures (steel box girders, curved steel girder bridges, etc.).

(III) Type of Work 4.2.3: Major Bridge Design ‒ Segmental: This group includes design for the construction, rehabilitation, widening, or lengthening of precast or cast-in-place concrete segmental superstructures or substructures.

c. Type of Work 4.3: Complex Bridge Design. This type of work includes the structures that cannot be included in Type of Work 4.1 or 4.2 because of unique, specialized, and uncommon types of designs as determined by the Department. Typically, this includes design for the construction, rehabilitation, widening, or lengthening of bridges with estimated span(s) longer than 400 feet, tunnels, cable-stayed bridges, suspension bridges, truss spans, concrete arch bridges, and bridges requiring unique analytical methods or other design features not commonly addressed in AASHTO publications. This type of work is separated into two categories:

(I) Type of Work 4.3.1: Complex Bridge Design – Concrete: This group includes design for the construction, rehabilitation, widening, or lengthening of concrete superstructures of the structure types listed in this category.

(II) Type of Work 4.3.2: Complex Bridge Design ‒ Steel: This group includes design for the construction, rehabilitation, widening, or lengthening of steel superstructures of the types listed in this category.

d. Type of Work 4.4: Movable Span Bridge Design. This type of work includes the design of bascule bridges and other movable bridges. The work includes all structural, electrical, and mechanical requirements. Typically, this includes design for the construction, rehabilitation, widening, or lengthening of bascule bridges, swing bridges, and vertical lift bridges.

Qualification Requirements. Qualification will be assessed from the résumés of individuals employed by the firm. The résumés must state which bridge components were actually designed by the individual. General oversight or project management activities will not be considered for qualification purposes.

a. Type of Work 4.1.1: Miscellaneous Structures. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years of structural experience, designing items such as sound barriers, structural supports for highway signs, luminaries, and traffic signals, or in bridge design; and two structural design engineers/technicians having a minimum of three years each of design experience, either designing items such as sound barriers, structural supports for highway signs, luminaries, and traffic signals, or in bridge design. The qualifying professional engineer(s) shall be responsible for quality assurance of all the design services and shall sign a letter of certification stating the project documents have been reviewed under the quality assurance process and that all issues are resolved. Certifications will be pursuant to Section 837.06, F.S.

b. Type of Work 4.1.2: Minor Bridge Design. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years structural bridge design experience; and two structural design engineers/technicians having a minimum of three years each of bridge design experience. The professional engineer shall be responsible for quality assurance of all the design services.

c. Type of Work 4.2.1: Major Bridge Design-Concrete. This type of work requires at least two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each of structural bridge design experience in continuous span concrete bridges as defined for Work Group 4.2.1: Major Bridge Design – Concrete, excluding segmental bridges or qualified as required in Work Group 4.2.3: Major Bridge Design ‒ Segmental with an additional two years of design experience in continuous span concrete bridges as defined in Work Group 4.2.1: Major Bridge Design ‒ Concrete; and three or more structural design engineers/technicians having a minimum of three years each of bridge design experience. The qualifying professional engineers shall be responsible for the quality assurance of all the design services and shall sign a letter of certification stating the project documents have been reviewed under the quality assurance process and that all issues are resolved.

d. Type of Work 4.2.2: Major Bridge Design – Steel. This type of work requires at least two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each of structural bridge design experience in continuous span steel bridges as defined in Work Group 4.2.2: Major Bridge Design – Steel and three or more structural design engineers/technicians having a minimum of three years of bridge design experience. The qualifying professional engineers shall be responsible for the quality assurance of all the design services and shall sign a letter of certification stating the project documents have been reviewed under the quality assurance process and that all issues are resolved. Certifications will be pursuant to Section 837.06, F.S.

e. Type of Work 4.2.3: Major Bridge Design – Segmental. This type of work requires at least two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each of structural bridge design experience in continuous span segmental concrete (precast or cast-in-place) bridges as defined in Work Group 4.2.3: Major Bridge Design – Segmental and three or more structural design engineers/technicians having a minimum of three years of bridge design experience. The qualifying professional engineers shall be responsible for the quality assurance of all the design services and shall sign a letter of certification stating the project documents have been reviewed under the quality assurance process and that all issues are resolved. Certifications will be pursuant to Section 837.06, F.S.

f. Type of Work 4.3.1: Complex Bridge Design – Concrete. This type of work requires at least three professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each of structural concrete bridge design experience in categories as defined in Work Group 4.3.1: Complex Bridge Design ‒ Concrete, and four or more structural design engineers/technicians having a minimum of three years each of bridge design experience. The qualifying professional engineers shall be responsible for the quality assurance of all design services and shall sign a letter of certification stating the project documents have been reviewed under the quality assurance process and that all issues are resolved. Certifications will be pursuant to Section 837.06, F.S.

g. Type of Work 4.3.2: Complex Bridge Design – Steel. This type of work requires at least two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each of structural steel bridge design experience in categories as defined in Work Group 4.3.2: Complex Bridge Design ‒ Steel and three or more structural design engineers/technicians having a minimum of three years of bridge design experience. The qualifying professional engineers shall be responsible for the quality assurance of all the design services and shall sign a letter of certification stating the project documents have been reviewed under the quality assurance process and that all issues are resolved. Certifications will be pursuant to Section 837.06, F.S.

h. Type of Work 4.4: Movable Span Bridge Design. This type of work requires qualification in type of work 4.2.2: Major Bridge Design ‒ Steel, and also requires an electrical engineer and a mechanical engineer both registered with the Florida State Board of Professional Engineers. In addition to the experience requirements for type of work 4.2 4.2.2: Major Bridge Design ‒ Steel, the professional engineers will have at least five years of movable bridge structural design experience and the three engineers/technicians shall have a minimum of three years of movable bridge design experience. At least one of the professional engineers or engineer/technicians will have experience in the design of at least three movable bridge electrical control systems within the last 10 years and one will have experience in the design of at least three movable bridge drive systems within the last 10 years. The electrical engineer will have experience in the design of at least three movable bridge electrical control systems within the last 10 years and experience with the commonly used bridge leaf motion control techniques used within the last 30 years. The mechanical engineer will have experience in the design of at least three movable bridge drive systems within the last 10 years and experience with the commonly used bridge drive systems used within the last 30 years. The qualifying professional engineers shall be responsible for the quality assurance of all the design services and shall sign a letter of certification stating the project documents have been reviewed under the quality assurance process and that all issues are resolved.

(d) Group 5. Bridge Inspection. This work group is defined as the on-site inspection, load rating, and preparation of bridge inspection reports in accordance with approved federal and state statutes, policies, guidelines, and standards. Availability of required equipment will also be considered, along with level of experience in evaluating qualification.

This group includes the following sub-categories of qualification:

a. Type of Work 5.1: Conventional Bridge Inspection. This type of work includes inspection and load rating of all types of bridges except movable bridges, box girders, bulb-tees, suspension, cable stayed, post-tensioned segmental concrete, large steel trusses, high-rise structures, and other complex bridge structures.

b. Type of Work 5.2: Movable Bridge Inspection. This type of work includes inspection and load rating of all types of movable structures (vertical lift, swing span, and bascule), utilizing specialty skills in inspection, load rating, and design of mechanical and electrical equipment.

c. Type of Work 5.3: Complex Bridge Inspection. This type of work includes inspection and load rating of all complex bridges except movable bridges. Typical types of structures will include box girders, bulb-tees, suspension, cable stayed, post-tensioned segmental concrete, high-rise structures, and large steel trusses.

d. Type of Work 5.4: Bridge Load Rating. This type of work involves the process of determining the live load capacity of a structure.

Qualification Requirements. Types of work 5.1, 5.2, 5.3, and 5.4: Bridge Inspection. This type of work requires at least one professional engineer registered with the Florida State Board of Professional Engineers, having experience appropriate to the sub-category requested. For types of work 5.1, 5.2, and 5.3, the engineer must have participated in field inspections meeting the requirements of the National Bridge Inspection Standards, Appendix C to U.S. Department of Transportation Federal Highway Administration, Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation’s Bridges, Report No. FHWA-A-PD96-001, December 1995, incorporated herein by reference, for the structure types in the sub-category for which qualification is requested. For type of work 5.4, the engineer must have performed a load rating of a bridge.

(e) Group 6. Traffic Engineering and Operations Studies. This work group includes the performance of studies of existing traffic problems within an urban area; and the determination of the most effective way to improve traffic flow and safety through the application of traffic engineering techniques and other corrective measures. It includes street and signal inventories; intersection and crossing diagrams; highway lighting information at nighttime high accident locations; and analysis of accident reports, traffic counts, travel times, parking practices, and laws and ordinances affecting transportation. This work group is limited to generalized description and schematic layouts of the proposed improvements, including right of way requirements, and generally does not include the preparation of construction plans and the writing of specifications for traffic system projects.

This group includes the following sub-categories of qualification:

a. Type of Work 6.1: Traffic Engineering Studies. This type of work is defined as the study of operational problems and the determination of traffic operational improvements for efficiency and safety. This work group includes studies for the following: signing, marking, and signal inventories; traffic counts; intersection and collision diagrams; signal warrant and intersection analysis; and travel time and delay studies. Many of the traffic engineering studies require knowledge and experience with traffic engineering computer programs such as SOAP, PASSER, and TRANSYT. This type of work requires the consultant to make specific recommendations to improve the operational efficiency at a particular location.

b. Type of Work 6.2: Traffic Signal Timing. This type of work is defined as the timing of traffic signals to improve traffic flow and safety. Department approved traffic engineering computerized timing programs shall be used. This type of work includes data collection, intersection analysis and documentation, section analysis and documentation, timing implementation and fine tuning, and timing evaluation.

c. Type of Work 6.3: Intelligent Transportation Systems Analysis, Design, and Implementation. This type of work is defined as the use of electrical engineering, electronics engineering, computer science, and traffic engineering to analyze, design, and implement real-time intelligent transportation systems. This includes system performance and cost analysis, system hardware and software design, development of management plans, system installation and operation, system testing and debugging, system documentation, and the training of operations personnel. This work Type is subdivided into four categories: Type of Work 6.3.1: Intelligent Transportation Systems Analysis and Design, Type of Work 6.3.2: Intelligent Transportation Systems Implementation, Type of Work 6.3.3: Intelligent Transportation Traffic Engineering Systems Communications, and Type of Work 6.3.4: Intelligent Transportation Systems Software Development.

Qualification Requirements.

a. Type of Work 6.1: Traffic Engineering Studies. This type of work requires a professional engineer, registered with the Florida State Board of Professional Engineers, having at least two years of post-registration traffic studies experience.

b. Type of Work 6.2: Traffic Signal Timing. This type of work requires a professional engineer, registered with the Florida State Board of Professional Engineers, having demonstrated traffic signal timing experience in the application and interpretation of traffic flow and signal timing models.

c. Type of Work 6.3: Intelligent Transportation Systems Analysis, Design, and Implementation. This type of work requires a professional engineer, registered with the Florida State Board of Professional Engineers, having at least three years of post-registration experience in the technical skill area for which qualification is requested. These technical skill areas are as follows:

(I) Type of Work 6.3.1: Intelligent Transportation Systems Analysis and Design. This type of work requires experience involving the production of competently engineered design, and preparation of construction plans and specifications for traffic control systems, freeway operations systems, dynamic message sign systems, closed circuit television camera systems, detection systems, and automatic vehicle identification systems. The experience must also involve traffic engineering software applications, freeway control software, and computerized timing programs.

(II) Type of Work 6.3.2: Intelligent Transportation Systems Implementation. This type of work requires experience involving realtime traffic control systems, system installation and testing, and knowledge of Construction Engineering Inspection (CEI) requirements for intelligent transportation construction projects.

(III) Type of Work 6.3.3: Intelligent Transportation Traffic Engineering Systems Communications. This type of work requires documented experience involving electronic engineering of system hardware, digital system design, specifications, and utilization. The experience must involve electrical engineering of power and communications, including power distribution, standby power supply, lightning protection, hardware interconnect, fiber optic networks, wireless communications networks, local area networks, wide area networks, Internet communications, data recording, data transmission, modulating, and multiplexing techniques.

(IV) Type of Work 6.3.4: Intelligent Transportation Systems Software Development. This type of work requires documented experience in software development, specifically with intelligent transportation systems applications, and computer science (realtime process control software systems, including realtime executive Input/Output (I/O) processing and priority interrupt based processing). The experience must also involve system software testing and debugging, data base software, graphical user interfaces, system documentation, and training of operations personnel.

(f) Group 7. Traffic Operations Design. This work group is defined as the production of competently engineered designs, and preparation of construction plans and specifications for a variety of traffic operations type work.

This group includes the following sub-categories of qualifications:

a. Type of Work 7.1: Signing, Pavement Marking, and Channelization. This type of work includes designing, preparing construction plans, and writing specifications for signing, pavement marking, and channelization. Such work involves structural support and foundation calculations, and requires a basic knowledge of traffic engineering studies.

b. Type of Work 7.2: Lighting. This type of work includes designing, preparing construction plans, and writing specifications for roadway lighting improvements. Such work involves lighting calculations, pole location, foundation design, electrical circuit calculations, and power supply and distribution design, and requires a basic knowledge of traffic engineering studies.

c. Type of Work 7.3: Signalization. This type of work includes designing, preparing construction plans, and writing specifications for traffic signalization. Such work involves capacity calculations, signal operating plan development, timing calculations, equipment location, pole and foundation designs, etc., and requires a basic knowledge of traffic engineering studies and traffic signal retiming.

Qualification Requirements. Qualification for this work group requires a professional engineer, registered with the Florida State Board of Professional Engineers, who has served in responsible charge of at least one project in the type of work, as defined above, for which qualification is requested.

(g) Group 8. Surveying and Mapping. This work group includes surveying and mapping, as defined in Rule Chapter 61G17-6, F.A.C., required for the land acquisition, design, and construction of transportation projects.

This group includes the following sub-categories of qualification:

a. Type of Work 8.1: Control Surveying. This type of work provides horizontal and vertical control to a specified standard for Department projects.

b. Type of Work 8.2: Design, Right of Way, and Construction Surveying. This type of work includes boundary surveys, right of way surveys, as-built surveys, construction layout surveys, topographic surveys, hydrographic surveys, quantity surveys, record surveys, mean high water line surveys, and special purpose surveys.

c. Type of Work 8.3: Photogrammetric Mapping. This type of work includes surveys and the preparation of maps using photogrammetric methods.

d. Type of Work 8.4: Right of Way Mapping. This type of work includes the production of right of way related maps, as well as the preparation of legal descriptions and sketches of legal descriptions based on information supported by the applicable surveys or maps defined in the preceding types of work, title searches, and other documents.

Qualification Requirements: To qualify to perform surveying and mapping services as defined above, the consultant must employ at least one professional surveyor and mapper, registered with the Florida Board of Professional Surveyors and Mappers, having at least one year of documented post registration experience in the specific type of work for which qualification is requested. The consultant must also employ at least two additional technical personnel, each having at least one year of documented experience in the specific type of work for which qualification is requested. In addition, the consultant must submit a written statement of intent to use equipment and software meeting the accuracy, formatting, and other requirements defined in Department policies, procedures, manuals, or handbooks, related to the type(s) of work for which qualification is sought.

(h) Group 9. Soil Exploration, Material Testing, and Foundations.

This group includes the following sub-categories of qualification:

a. Type of Work 9.1: Soil Exploration. This type of work includes acquisition and reporting of subsurface material, hydrological, and environmental information to be used for the planning, design, construction, and performance of transportation facilities. The methodology involved includes on-site investigations by performing borings, Standard Penetration tests, Cone Penetration tests, and rock coring; the use of specialized test equipment, such as the field vane, pressuremeter, or dilatometer; and the use of geophysical methods. Also included is the field classification of materials and acquisition of soil and rock samples.

b. Type of Work 9.2: Geotechnical Classification Lab Testing. This type of work includes conducting tests on soil and rock according to Department approved specifications for the purpose of classifying materials. The methodology involved includes testing moisture content, grain size, Atterberg limits, compaction, and Limerock Bearing Ratio (LBR) tests.

c. Type of Work 9.3: Highway Materials Testing. This type of work includes sampling and testing various materials and reporting results and recommendations. Work will be performed at mines, quarries, mills, refineries, processors, producers, fabricators, constructors, laboratories, and project construction sites; some of which will be outside the State of Florida. Materials to be tested include aggregates; concrete products; cements and additives, including water, epoxies, and curing compounds; bituminous materials, mixtures, additives, and joint fillers; metals; galvanizing, rubber, paints, and other coatings; and soils and limerock.

d. Type of Work 9.4: Foundation Studies. This group is subdivided into two categories:

(I) Type of Work 9.4.1: Standard Foundation Studies. This type of work includes producing reports which include selection of the type (shallow foundations, piles, and redundant drilled shafts) and depth of foundation for bridges and other structures; bearing capacity and the predicted settlement of the selected foundation; slope stability; surcharge or stage construction time schedules for construction over soft ground; pile load tests; soil treatment; stabilization; and direction of field instrumentation installation, including the interpretation of data obtained and other foundation studies using the applicable Department Standard Specifications for Road and Bridge Construction, and Federal Highway Administration guidelines and checklist.

(II) Type of Work 9.2.2: Non-redundant Drilled Shaft Bridge Foundation Studies. This type of work includes the work activities described in Type of Work 9.4.1: Standard Foundation Studies and, in addition, the complex geotechnical analyses required for the design and construction of non-redundant drilled shaft bridge foundations.

e. Type of Work 9.5: Geotechnical Specialty Lab Testing. This type of work includes conducting tests on soil and rock according to Department approved specifications for the purpose of identifying their physical properties. The methodology involved includes testing permeability, consolidation, unconfined compression, direct shear, splitting tensile, and triaxial.

Qualification Requirements. For all sub-categories this work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years of experience in the activities normally associated with the category(ies) under consideration.

a. Type of Work 9.1: Soil Exploration. This type of work requires one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years of experience in activities normally associated with soil exploration. The consultant must have equipment (in-house or subcontracted) necessary to perform the work. It should be noted that the qualified consultant shall be solely responsible for any and all explorations work, whether performed by the consultant or its subcontractor.

b. Type of Work 9.2: Geotechnical Classification Lab Testing. This type of work requires one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years of experience in activities normally associated with geotechnical testing. The consultant must have at least one technician with a minimum of two years of experience in geotechnical testing and LBR Technician qualification under the Department’s Construction Training Qualification Program. In addition, the consultant must have in-house the following equipment: oven, balance, stirring apparatus, hydrometer bulb, hydrometer bath, thermometer, sieves, sieve shaker, liquid limit device, grooving tool, pycnometer, molds, compaction hammer, straightedge, and LBR loading device with penetration piston.

c. Type of Work 9.3: Highway Materials Testing. This type of work requires one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years of experience in activities normally associated with highway materials testing. Among the consultant’s personnel, at least one individual must possess LBR Technician qualification, one individual must possess Asphalt Plant Level I qualification, one individual must possess Concrete Field testing Technician Level I qualification under the Department’s Construction Training Qualification Program, and one individual must possess nuclear gauge operator certification as provided by a gauge manufacturer. In addition, the consultant must have (in-house) at least the following test equipment: oven, balances, sieves, mechanical shaker, colorimetric kit, compression testing machine, moisture curing room or tanks, slump cone, air meters, gravity apparatus, thermometers, pycnometer, pulverizing apparatus, jaw crusher apparatus, splitter or quartering device, Los Angeles machine, flowmeter, water bath, muffle furnace, compaction hammer, molds LBR loading devices with penetration piston, soak tanks, and ignition furnace.

d. Type of Work 9.4: Foundation Studies.

(I) Type of Work 9.4.1: Standard Foundation Studies. This type of work requires one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years of experience in activities normally associated with standard foundation studies.

(II) Type of Work 9.4.2: Non-redundant Drilled Shaft Bridge Foundation Studies. This type of work requires qualification in Type of Work 9.4.1: Standard Foundation Studies, and, in addition, two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of three years of experience each in activities normally associated with non-redundant drilled shaft foundation design. The qualifying professional engineers shall be responsible for the quality assurance of the design services, and shall sign a letter of certification stating that the project documents have been reviewed under the quality assurance process, and that all issues are resolved.

(III) Type of Work 9.5: Geotechnical Specialty Lab Testing. The consultant must have at least one staff member with at least four years of experience performing the tests, or an equivalent bachelor’s degree. In addition, the consultant must have (in-house) at least the following test equipment: oven, balances, permeameter, consolidation load device, load frame, direct shear machine, triaxial panel, and a triaxial cell.

(i) Group 10. CEI. This type of work involves the monitoring and inspection of the work required under various construction contracts. This type of work includes coordinating with other public agencies, utilities, and affected property owners.

This group includes the following subcategories of qualification:

a. Type of Work 10.1: Roadway CEI. This type of work includes the administration and inspection of single or multiple construction contracts on rural, municipal, urban, and interstate facilities; including necessary minor bridges as defined in Type of work 3.1.

b. Type of Work 10.2: Reserved.

c. Type of Work 10.3: Construction Materials Inspection. This type of work includes conducting inspections and investigations of various highway materials or products, together with the proper recording, analysis, and reporting of results and recommendations. The work will be performed at mines, quarries, mills, refineries, processors, producers, fabricators, constructors, and project construction sites; some of which will be outside the State of Florida.

d. Type of Work 10.4: Minor Bridge and Miscellaneous Structures CEI. This type of work includes the CEI of conventional non-standard concrete box culverts, retaining walls, sound barriers, structural supports for highway signs, luminaries, and traffic signals. Generally, this group of structures is limited to conventional foundation types, simple geometry, and having total estimated bridge(s) plan area(s) no greater than 100,000 square feet (sum of the areas of multiple bridges). Typically, this includes the construction, rehabilitation, widening, or lengthening of box culverts, retaining walls, cast-in-place or precast prestressed short span slab type bridges, simple span prestressed concrete beam bridges, and simple span I-beam bridges.

e. Type of Work 10.5: Major Bridge CEI. This type of work includes CEI of structures that cannot be included in Type of Work 10.4 because of deck area, complex geometry (curvature, skew, or variable width), complex design (including bridges with statically indeterminate superstructure components) with spans estimated to be less than 400 feet, non-conventional substructures, bridges over navigable waters, and railroad bridges. This group is separated into three categories:

(I) Type of Work 10.5.1: Major Bridge CEI – Concrete. This type of work includes CEI for the construction, rehabilitation, widening, or lengthening of structurally-continuous concrete superstructures (longitudinally post-tensioned concrete beam bridges, etc.), reinforced concrete boxes, and post-tensioned substructures.

(II) Type of Work 10.5.2: Major Bridge CEI – Steel. This type of work includes CEI for the construction, rehabilitation, widening, or lengthening of structurally-continuous steel superstructures (steel box girders, curved steel girder bridges, etc.).

(III) Type of Work 10.5.3: Major Bridge CEI – Segmental. This type of work includes CEI for the construction, rehabilitation, widening, or lengthening of precast or cast-in-place concrete post-tensioned segmental superstructures or substructures.

f. Type of Work 10.6: Movable Span Bridge CEI: This type of work includes the CEI of structures that cannot be included in Type of Work 10.5.1 or 10.5.2 because of unique, specialized, or uncommon types of designs. Typically, this includes the construction, rehabilitation, widening, or lengthening of bridges with estimated span(s) longer than 400 feet, tunnels, cable-stayed bridges, suspension bridges, truss spans, arch bridges, and bridges requiring unique analytical methods or other design features not commonly addressed in AASHTO publications. This group is separated into two categories:

(I) Type of Work 10.6.1: Complex Bridge CEI – Concrete: This type of work includes CEI for the construction, rehabilitation, widening, or lengthening of concrete superstructures of the structure types listed in Type of Work 10.6.

(II) Type of Work 10.6.2: Complex Bridge CEI – Steel: This type of work includes CEI for the construction, rehabilitation, widening, or lengthening of steel superstructures of the structure types listed in Type of Work 10.6.

g. Type of Work 10.7: Movable Span Bridge CEI: This type of work includes the CEI of bascule bridges and other movable bridges. The work includes all structural, electrical, and mechanical requirements. Typically, this includes CEI for the construction, rehabilitation, widening, or lengthening of bascule bridges, swing bridges, and vertical lift bridges.

Qualification Requirements.

a. Type of Work 10.1: Roadway CEI. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having at least two years of responsible charge experience as a project engineer on a roadway construction inspection project.

b. Type of Work 10.2: Reserved.

c. Type of Work 10.3: Construction Materials Inspection. This type of work requires a minimum of one professional engineer, registered with the Florida State Board of Professional Engineers, having at least three years of responsible experience in bridge or roadway construction inspection.

d. Type of Work 10.4: Minor Bridge and Miscellaneous Structures CEI. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years experience in the performance of CEI for Type of Work 10.4; and two engineers/project administrators having a minimum of three years each CEI for Type of Work 10.4.

e. Type of Work 10.5.1: Major Bridge CEI – Concrete. This type of work requires at least two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each in the performance of CEI for Type of Work 10.5.1 in continuous span concrete bridges as defined in Type of Work 10.5.1, excluding segmental bridges, or qualified as required in work group 10.5.3 with one additional year of CEI experience in continuous span concrete bridges as defined in Type of Work 10.5.1, three or more engineers/technicians having a minimum of three years each in the performance of CEI for Type of Work 10.5.2.

f. Type of Work 10.5.2: Major Bridge CEI – Steel. This type of work requires at least two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each in the performance of CEI for Type of Work 10.5.2 in continuous span steel bridges as defined for Type of Work 10.5.2 above and three or more engineers/technicians having a minimum of three years each in the performance of CEI for Type of Work 10.5.2.

g. Type of Work 10.5.3: Major Bridge CEI – Segmental. This type of work requires at least two professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years each in the performance of CEI for Type of Work 10.5.3 in continuous span post-tensioned segmental concrete (precast or cast-in-place) bridges as defined for Type of Work 10.5.3 and three or more engineers/technicians having a minimum of three years each in the performance of CEI for Type of Work 10.5.3.

h. Type of Work 10.6.1: Complex Bridge CEI – Concrete. This type of work requires at least three professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years experience each in the performance of CEI for Type of Work 10.6.1 in categories as defined in Type of Work 10.6.1 and four or more engineers/ technicians having a minimum of three years each in the performance of CEI for Type of Work 10.5.1.

i. Type of Work 10.6.2: Complex Bridge CEI – Steel. This type of work requires at least three professional engineers, registered with the Florida State Board of Professional Engineers, having a minimum of five years experience each in the performance of CEI for Type of Work 10.6.2 and four or more engineers/technicians having a minimum of three years each in the performance of CEI for Type of Work 10.6.2.

j. Type of Work 10.7: Movable Span Bridge CEI. This type of work requires qualification in Type of Work 10.5.2 and also requires an electrical engineer and a mechanical engineer both registered with the Florida State Board of Professional Engineers. In addition to the experience requirements for Type of Work 10.5.2, the professional engineers will have at least five years of experience in the performance of CEI for Type of Work 10.7 and three engineers/technicians shall have a minimum of three years of movable bridge experience in the performance of CEI for Type of Work 10.7. At least one of the professional engineers or engineer/technicians will have experience in CEI of at least three movable bridge electrical control systems within the last 10 years and one will have experience in CEI of at least three movable bridge drive systems within the last 10 years. The electrical engineer will have experience in CEI of at least three movable bridge electrical control systems within the last 10 years and experience with the commonly used bridge leaf motion control techniques used within the last 30 years. The mechanical engineer will have experience in CEI of at least three movable bridge drive systems within the last 10 years and experience with the bridge drive systems commonly used within the last 30 years.

(j) Group 11. Engineering Contract Administration and Management.

Type of Work: Engineering Contract Administration and Management. This type of work is defined as the administration and management of engineering activities. Consultants applying for qualification in this type of work must be determined qualified in a number of categories under this rule chapter. Examples of assignments made to a consultant qualified for this type of work are:

a. Engineering analysis of transportation facility deficiencies; and the preparation of an engineering scope of services and staff hour estimate to correct those deficiencies.

b. Project schedule development for planning, environmental, design, and construction engineering inspection activities.

c. Review and analysis of professional engineering issues contained in statements of qualification and technical proposals submitted by consultants competing for professional contracts.

d. Conduct Scope of Service meetings with professional consultants.

e. Preparation of contractual agreements for professional services in accordance with Department policies and procedures.

f. Supervision and management of engineering consultants on individual projects, responding to their technical questions, and reviewing their work in progress and completed work.

g. Representing the Department during professional service negotiations with consultants, utilities, and other entities.

h. Other professional engineering activities associated with the acquisition and management of professional consulting services.

Qualification Requirements. Engineering Contract Administration and Management. To be determined qualified for this type of work, a consultant must be qualified by the Department in the following Groups and Types of Work under this rule chapter: Group 3, Types of Work 4.1.1, 4.1.2, 4.2.1, 4.2.2, and 6.1, Group 7, and Type of Work 10.1. Firms deemed qualified in these groups and requesting qualification for Group 11 will be deemed qualified without a requirement to submit additional qualification documentation or materials.

(k) Group 13. Planning. This type of work involves the determination of future actions necessary to address the need for transportation facilities and services. The work effort may involve planning both short range (up to 10 years) and long range (more than 10 years) time periods, and may involve any or all typical activities of planning, including development and refinement of processes and procedures; development and analysis of policies, goals, and objectives; data collection and analysis; issue analysis; development and use of forecasting and other models; analysis of transportation/land use relationships; assessing the impact that planning transportation improvements may have on private property; establishment of standards and performance criteria; forecasts of transportation and transportation related data; determination and analysis of alternatives; multimodal/intermodal tradeoff analysis; analysis of alternatives; multimodal/intermodal tradeoff analysis; development of recommended plans and courses of action; financial feasibility; assessment of the impacts of growth management requirements on transportation; and public participation and coordination with other planning processes and plans.

This group includes the following sub-categories of qualification:

a. Type of Work 13.1: Reserved.

b. Type of work 13.2: Reserved.

c. Type of Work 13.3: Policy Planning. This type of work involves transportation and transportation related planning activities in the broadest or most general way. Planning in this sub-category usually occurs at levels where difficult trade-offs in the use and allocation of resources must be made and where many people will be affected in important but often subtle ways. Hence, the ability to use judgement, both political and technical/professional, is very important, as is the ability to effectively communicate using a variety of media. Included in this sub-category are development and refinement of statewide transportation plans or plan components, and activities involving the determination of the impacts and implications of policies, legislative issues, processes, and standards on a wide variety of subjects, including: transportation facilities and services; land use; the environment; the private sector; and the public.

d. Type of Work 13.4: Systems Planning. This type of work deals with planning for entire systems (one or several modes) of transportation covering an entire geographic area such as the development of long range transportation plans for an MPO, county, or region; or the development of an ITS Strategic Plan for a region. Included in this sub-category are activities involving the systematic analysis of future demand for transportation facilities and services, leading to recommendations for addressing that demand. Typical activities include: data collection and analysis, including analysis of transportation/land use relationships; estimation, forecasting, and assignment of travel demand, including modeling the characteristics and use of transportation systems; mode split and multimodal tradeoff analysis; development of ITS strategies; impact analysis; evaluation and decision making; cost analysis and financial feasibility; and modal coordination and management. Although recommendations as to the type, number, and approximate location of transportation facilities are to be made, this sub-category does not include determination of the precise location or design of facilities or systems.

e. Type of Work 13.5: Subarea/Corridor Planning. This type of work deals with planning for entire systems or portions of systems (one or several modes) of transportation covering a smaller geographic area than Systems Planning or for a specific transportation corridor. Included in this sub-category are activities involving the systematic analysis of future demand for transportation facilities and services, leading to recommendations for addressing that demand. Typical activities, usually performed at a more detailed level than with systems planning, include data collection and analysis, as well as: analysis of transportation/land use relationships; estimation, forecasting, and assignment of travel demand, including modeling the characteristics and use of transportation systems; mode split and multimodal tradeoff analysis; development of ITS strategies to maximize the operation of the corridor; impact analysis; evaluation and decision making; cost analysis; and financial feasibility; and modal coordination and management. Although recommendations as to the type, number, and approximate location of transportation facilities are to be made, this sub-category does not include determination of the precise location or design of facilities or systems.

f. Type of Work 13.6: Land Planning/Engineering. This work involves planning and engineering in support of assessing the impacts that proposed transportation improvements may have on private property. Included in this sub-category are activities involving site analysis for compliance with comprehensive plans, local ordinances, and appraisers’ cost to cure; reviewing and providing engineering opinions of site plans for feasibility and conformance with applicable codes and regulations; assessing the impact to drainage and environment; and preparing site plan and studies which may encompass parking layout, vehicle use areas, and general site consideration in conformance with applicable codes, laws, and regulations.

g. Type of Work 13.7: Transportation Statistics. This type of work involves data collection, analysis, editing, processing, and reporting to support planning, design, and maintenance of the transportation network. This type of work also involves the construction, replacement, or repair of traffic monitoring equipment including sensors (either installed in, or along the roadway) and associated equipment and appurtenances. The construction of traffic monitoring sites may include design, preparing construction plans, writing specifications, and construction engineering supervision. Special traffic counts may also be performed under this activity to support production and development activities and special needs.

Qualification Requirements.

a. Type of Work 13.1: Reserved.

b. Type of Work 13.2: Reserved.

c. Type of Work 13.3: Policy Planning. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having at least five years of training and experience in areas directly related to policy planning; or at least one professional engineer, registered with the Florida State Board of Professional Engineers, with at least one employed planner having training and experience in areas directly related to policy planning; or at least one planner, certified with the American Institute of Certified Planners, having training and experience in areas directly related to policy planning.

d. Type of Work 13.4: Systems Planning. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having at least five years of training and experience in areas directly related to systems planning; or at least one professional engineer, registered with the Florida State Board of Professional Engineers with at least one employed planner having at least five years of training and experience in areas directly related to systems planning; or at least one planner, certified with the American Institute of Certified Planners, having at least five years training and experience in areas directly related to systems planning.

e. Type of Work 13.5: Subarea/Corridor Planning. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having at least one year of post-registration experience in areas directly related to subarea/corridor planning; or at least one professional engineer, registered with the Florida State Board of Professional Engineers, with at least one employed planner having at least one year of experience in areas directly related to subarea/corridor planning; or at least one planner, certified with the American Institute of Certified Planners, having at least one year of experience in areas directly related to subarea/corridor planning.

f. Type of Work 13.6: Land Planning/Engineering. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of three years of experience in comprehensive planning or areas directly related to assessing impacts to private property; or at least one professional engineer, registered with the Florida State Board of Professional Engineers, with at least one employed planner having a minimum of three years of experience in comprehensive planning or areas directly related to assessing impacts to private property; or at least one landscape architect registered with the Florida State Board of Landscape Architecture, having training and experience in areas directly related to assessing impacts to private property, or at least one planner, certified with the American Institute of Certified Planners, with a minimum of three years of experience in comprehensive planning or areas directly related to assessing impacts to private property.

g. Type of Work 13.7: Transportation Statistics. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having at least one year of post-registration experience in activities associated with the collection of traffic data of a statistical nature that can be used in the Department’s databases such as the Rail-Highway Crossing Inventory (RHCI), Traffic Characteristics Inventory (TCI), and Roadway Characteristics Inventory (RCI), or used to support other Department activities such as highway design. In addition, either the same engineer, or an additional professional engineer registered with the State Board of Professional Engineers with at least one year of post-registration experience in the construction, replacement, or repair of traffic monitoring equipment, including sensors (either installed in, on, or alongside the roadway) and associated equipment and appurtenances, and maintenance of traffic is required.

(l) Group 14. Architect.

Type of Work. This type of work is defined as the rendering of services in connection with the design and construction of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures. These services include planning; providing preliminary study designs, drawings, and specifications; architectural supervision; job-site inspection; and administration of construction contracts.
Qualification Requirements. This type of work requires at least one architect, registered with the Florida State Board of Architecture and Interior Design, with a minimum of five years of post-registration experience in commercial design and favorable references.

(m) Group 15: Landscape Architect.

Type of Work. This type of work is defined as the rendering of services in connection with the design and construction of landscape projects. These services include planning; site planning; providing preliminary study designs, drawings, and specifications; landscape architectural supervision; job-site inspection; and administration of construction contracts.
Qualification Requirements. This type of work requires at least one landscape architect, registered with the Florida State Board of Landscape Architecture, with at least five years of post-registration experience in landscape architecture projects.

(n) Group 20. Appraisal Services.

This type of work is defined as the services provided by an appraiser to the State of Florida, Department of Transportation. Appraisal Services include: “Appraisal Assignment” in which a person is employed or retained to act as a disinterested third party in rendering objective and unbiased analyses, opinions, reviews, or conclusions relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. Such appraisal services must be in compliance with the Uniform Standards of Professional Appraisal Practice, as incorporated by reference in Section 475.628, F.S.
Qualification Requirements. This type of work requires a minimum of one person licensed as a State Certified General Real Estate Appraiser issued by the Florida Department of Business and Professional Regulation, with a minimum of three years experience in appraising for eminent domain purposes.

(o) Group 21. Acquisition, Negotiation, Closing, and Order of Taking.

Type of Work. This type of work involves notifying all affected parties of their rights pursuant to Section 73.015, F.S.; reviewing and verifying all title work; reviewing right of way maps and construction plans and verifying that all legal descriptions, right of way maps, and appraisals correspond; conducting surveys to identify all businesses operating on property being acquired; preparing real property/personal property inventories; making purchase offers including the approved market value estimate, and conducting negotiations in accordance with state policies and procedures and all applicable laws; when applicable, making business damage counteroffers and conducting negotiations to settle business damage claims in accordance with state policies and procedures; participating in the non-binding pre-litigation mediation process; preparing recommendations for administrative settlements; preparing and processing invoices for requesting warrants for settlements, and order of taking deposits; conducting all necessary closings as well as preparation, styling, and filing of lawsuit packages under the direction of the Department’s attorney; providing assistance to the Department’s attorneys in obtaining Orders of Taking, including providing testimony and responding to interrogatories; and maintaining complete written documentation of all contacts with property owners or property owners’ representatives.
Qualification Requirements. This type of work requires registration of the consultant with the Florida Real Estate Commission and, at a minimum, one real estate broker and one real estate salesperson licensed by the State of Florida, Department of Business and Professional Regulation. These employees each must have at least three years of demonstrated experience in transportation acquisition projects.

(p) Group 22. Acquisition Business Damage Estimating and Estimate Review.

Type of Work. This type of work is defined as the preparation of business damage estimate reports describing the impact of a right of way acquisition on the income, expenses, and profits of a particular business, in accordance with the standards established in Rule Chapter 14-102, F.A.C., and all other recognized accounting and performance standards; and the critical and analytical review and evaluation of business damage estimate reports, exhibits, and other documentation submitted to the Department by the business damage estimator on behalf of the Department or business owners.
Qualification Requirements. This type of work requires a minimum of one employee, registered as a Certified Public Accountant in the State of Florida, with a minimum of three years of demonstrated professional accounting work, after registration. This type of work also requires the Certified Public Accountant to demonstrate previous experience in the preparation of accepted business damage estimate reports for the Department within the last three years immediately preceding application for qualification; or have served as an expert witness in the State of Florida in eminent domain cases or other legal cases regarding business valuation or damages within the last three years immediately preceding application for qualification; or a minimum of 48 hours of completed course work, directly related to business valuation. Verification of course work shall be by copies of course certificates of completion issued by the course provider which will indicate the number of hours that may be counted for continuing professional education credits.

(q) Group 24. Acquisition Relocation Assistance.

Type of Work. This type of work is defined as relocation planning at the conceptual stage of a transportation project and the preparation of the Relocation Needs Assessment Survey, identifying displaced persons and likely business damage candidates pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act and 49 C.F.R., Part 24, incorporated herein by reference, and available at: http://www.fhwa.dot.gov/realestate/ua/index.htm. Advisory services, including personal interviews and coordination with displaced persons, must be provided to ensure the timely relocation to replacement properties. Relocation assistance also involves the delivery of all required notices and offers to owners and tenants, the location and offer of comparable decent, safe and sanitary replacement dwellings available for sale or rent, the computation of replacement housing payments, the determination of appropriate move cost payments, the monitoring of moves, the preparation of claim packages, invoicing of payment amounts, and delivery of warrants. The work also entails obtaining all information pertinent to evictions and relocation appeals, and includes providing testimony.
Qualification Requirements. This type of work requires a minimum of one full time employee with a minimum of three years of demonstrated current experience in administering and providing relocation assistance for transportation projects under the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and 49 C.F.R., Part 24.

(r) Group 25. Right of Way Clearing and Leasing.

Type of Work. This type of work involves preparing real property/personal property inventories and inventory updates up to and including final disposition of the property; performing property inspections on an ongoing basis to determine the need for rodent control, maintenance, and security; conducting negotiations for short-term leases and preparing leasing documents for real and personal property prior to construction of a project; preparing, obtaining, managing, and reviewing contracts for consultant services to perform asbestos surveys, preparing asbestos operation and maintenance plans, preparing asbestos abatement specifications, and performing air and asbestos project monitoring; preparing, obtaining, and managing departmental contracts for asbestos abatement services; preparing, obtaining, and managing departmental contracts for demolition and removal services; inspecting demolition sites and documenting demolition activities; and preparing, obtaining, and managing Department contracts for removal of pollutant storage tanks.
Qualification Requirements. This type of work requires registration of the consultant with the Florida Real Estate Commission and, at a minimum, one real estate broker and one real estate salesperson licensed by the Florida State Department of Business and Professional Regulation. These employees each must have at least three years of demonstrated experience in managing properties acquired for transportation purposes and managing contracts for demolition activities. Additionally, at least one employee must be certified as an Asbestos Inspector and as an Asbestos Management Planner, and have a minimum of three years of administrative experience in the asbestos field.

History

Rulemaking Authority 287.055, 334.044(2), 337.105 FS. Law Implemented 287.055, 337.105, 337.1075 FS. History–New 6-30-73, Amended 3-24-77, 5-1-77, 8-31-77, 11-13-77, 9-20-83, 10-21-85, Formerly 14-75.03, Amended 3-29-89, 1-2-91, 9-29-92, 2-22-94, 8-5-96, 6-30-98, 8-2-01, 4-29-03, 5-15-06.

Fla. Admin. Code R. 14-75.004 Consultant Competitive Selection Process

Selection of professional consultants by the Department shall be in accordance with the provisions enumerated below.

(1) Notice.

(a) Except when there is a public emergency certified by the Secretary of Transportation, the Department shall provide notice whenever it requires professional services for a project, the basic construction cost of which is estimated by the Department to be more than the threshold amount in Section 287.017, F.S., for category five, or when the fee for professional services for a fixed capital outlay study or planning activity exceeds the threshold amount provided in Section 287.017, F.S., for category two. The Department will provide the foregoing notice at its Internet address (http://www.dot.state.fl.us/procurement/). A project may include the following:

Professional services associated with a specifically identified project.
A grouping of professional service assignments for substantially similar activities where the grouping of assignments provides advantage to the Department because of the geographic proximity of the existing or proposed transportation facilities involved, or use of shared resources for multiple projects, or to allow multiple use of a single design concept.
Miscellaneous minor professional services, performed on a task assignment basis. The total contract fee may not exceed $1,500,000 and individual assignments may not exceed $300,000. However, these limits may be exceeded due to unplanned cost increases.
Professional services of a general consultant, which include the administration, support, and management of engineering, architectural, surveying, planning, or right of way acquisition and appraisal activities.

(b) The notice shall contain time frames for submittal of a letter of response, a general description of the project, including where a detailed description may be obtained, the Department district and county where the project is located, a list of the major types of work, an indication as to whether the project is considered a minor project for qualification purposes, and a description of the means by which interested consultants can apply for consideration. Projects that do not conform to the prequalified types of work shall be advertised requesting any interested consultant to submit a Letter of Qualification. Consultants responding to advertisements for such non-standard types of work do not need to possess previous qualification.

(2) Response to Advertisement and Selection.

(a) Professional consultants who desire work with the Department shall timely submit a maximum of a two page letter of response, or a letter of qualification, to the Department whenever they feel qualified to perform projects for which notice has been provided in accordance with paragraph (1)(a). To be considered for selection, the letter of response or letter of qualification must be received in the format and by the date specified in the advertisement and will include a list of all affiliates as defined in Section 337.165(1)(a), F.S. Only one letter of response/qualification will be considered from any consultant firm.

(b) After receipt of a letter of response, or letter of qualification, the Department shall review the submittal and verify that the consultant possesses current qualification with the Department to perform the major type(s) of work specified in the advertisement. In order to be considered for selection, any consultant which does not possess current qualification to perform the major type(s) of work specified in the advertisement shall submit a completed Request for Qualification Package, including the required overhead audit (if applicable), on or before the date letters of response are due. A qualified consultant may use a qualified sub-consultant to meet the requirements of the major type(s) of work for which it is not currently qualified when responding to advertisements. The Department will not be obligated to delay any part of the consultant selection process or the execution of a contract for a consultant who has not been qualified for the major types of work or who cannot provide the required documentation prior to the process of selection.

(c) If fewer than three consultants respond to the advertisement, the Department shall review its list of firms prequalified for the major type(s) of work advertised, and select no fewer than ten prequalified firms (or all prequalified firms if fewer than 10 are prequalified) deemed to be the most highly qualified, based on the criteria in Section 287.055(4)(b), F.S. The Department shall then contact each of the listed consultants and conduct similar discussions concerning the project.

(d) When the fee for professional services is less than the threshold amount provided in Section 287.017, F.S., for category two, or when the Department’s estimated basic construction cost is less than the threshold amount provided by Section 287.017, F.S., for category five, the Department may request, review, and approve the technical qualifications of the selected consultant if the consultant is not currently qualified in the requested type of work.

(e) Selection of consultants will be in accordance with Section 287.055, F.S.

History

Rulemaking Authority 334.044(2), 837.06 FS. Law Implemented 287.055, 337.105 FS. History–New 6-30-73, Amended 3-24-77, 6-30-83, 10-21-85, Formerly 14-75.04, Amended 3-29-89, 1-2-91, 9-29-92, 2-22-94, 8-5-96, 2-12-98, 8-2-01, 4-29-03, 5-15-06.

Fla. Admin. Code R. 14-75.0051 Revocation, Denial, or Suspension of Qualification

(1) The Department will, for good cause, deny or suspend the qualification of any professional consultant, or other provider of service, to render services to the Department. A denial or suspension for good cause pursuant to this rule shall remove the person or firm from consideration for award of professional service contracts for a particular type of work for a period not to exceed three years. Such good cause shall include paragraphs (a) through (c) below:

(a) The consultant defaulted on any Department contract, or the contract of any other governmental entity.

(b) The consultant’s work performance in one of the work types defined in Rule 14-75.003, F.A.C., is not satisfactory. Unsatisfactory performance shall consist of failure to meet project:

Schedule requirements,
Management requirements, or
Quality requirements.

Unsatisfactory performance will result in revocation, denial, or suspension of qualifications for that type of work for a period not to exceed one year.

(2) For any of the reasons provided in subsection 14-75.0051(1), F.A.C., the Department will revoke, deny, or suspend a consultant’s qualification for a period of time based upon the seriousness of the deficiency. Factors to be considered in determining the length of the suspension or denial include, but shall not be limited to, the following:

(a) Impact on project design or construction schedules;

(b) Frequency or number of occurrences;

(d) Potential for repetition;

(e) Length of bar or suspension from consideration of work by another governmental entity; and,

(f) Severity or length of noncompliance with the requirements for qualification, found in Rule Chapter 14-75, F.A.C.

(3) The Department shall deny or revoke the qualification to bid of any consultant, and its affiliates, for a period of 36 months, pursuant to Section 337.165, F.S., when it is determined that the consultant has, subsequent to January 1, 1978, been convicted of a contract crime within the jurisdiction of any state or federal court.

(4) Any decision by the Department to suspend, revoke, or deny a consultant’s qualification will be provided to the consultant in accordance with Rule 28-106.111, F.A.C. The Department’s action will become final, unless a petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201 and 28-106.301, F.A.C., within 21 days after receipt of the Department’s notice. Where a consultant’s qualification has been denied or revoked for conviction of a contract crime, a hearing shall be held within 30 days of the receipt of the request for hearing if the request for hearing is filed within 10 days of the Department’s notice of intent. All requests for hearing shall be in writing and shall be filed with the Clerk of Agency Proceedings, 605 Suwannee Street, MS #58, Haydon Burns Building, Tallahassee, Florida 32399-0458. A request for hearing is filed when it is delivered to, and received by, the Clerk of Agency Proceedings at the above address, and accordingly is not timely filed unless it is received by the Clerk of Agency Proceedings within the appropriate time period.

(a) Reapplication or Reinstatement. A consultant whose qualification has been denied or revoked for conviction of a contract crime may petition for reapplication or reinstatement at any time after denial or revocation in accordance with Section 337.165(2)(d), F.S.

The petition for reapplication or reinstatement shall be in writing and shall be filed with the Clerk of Agency Proceedings, Department of Transportation, 605 Suwannee Street, MS 58, Haydon Burns Building, Tallahassee, Florida 32399-0458, and shall include:

a. The name and address of the party making the request;

b. A statement of the specific grounds upon which the petition is based and the proposed terms and conditions upon which reapplication or reinstatement is sought;

c. A list of all witnesses and exhibits to be presented; and,

d. A statement whether the consultant requests that the hearing be held by the Division of Administrative Hearings.

Upon the filing of a petition for reapplication or reinstatement, the Department shall:

a. Conduct a hearing within 30 days after receipt of the petition, unless otherwise stipulated by the parties; or

b. Notify the Division of Administrative Hearings within five days after receipt of the petition for scheduling of the hearing in accordance with Sections 337.165(2)(d) and 120.57, F.S.

If the petition for reapplication or reinstatement is denied, the consultant may not petition for a subsequent hearing for a period of nine months following the date of the order of denial or revocation.
If the petition for reinstatement is granted, the consultant shall file a current Request for Qualification with the Procurement Office, 605 Suwannee Street, MS #20, Haydon Burns Building, Tallahassee, Florida 32399-0450, before the reinstatement shall become effective.

(b) Notification of Contract Crime. A consultant who is qualified with the Department, or who has a letter of response or qualification, or who has a request for qualification pending before the Department pursuant to this rule chapter, shall notify the Department within 30 days after conviction of a contract crime applicable to it or to any of its affiliates or to any officers, directors, executives, shareholders active in management, or employees or agents of it or any of its affiliates. The notification shall be forwarded to the Department of Transportation, Procurement Office, 605 Suwannee Street, MS #20, Haydon Burns Building, Tallahassee, Florida 32399-0450.

History

Rulemaking Authority 334.044(2), 337.105 FS. Law Implemented 287.055(3), (6), 337.105, 337.165 FS. History–New 3-29-89, Amended 1-2-91, 9-29-92, 2-22-94, 1-17-99, 8-2-01, 4-29-03, 5-15-06.

Fla. Admin. Code R. 14-75.0052 Professional Consultant Work Performance Evaluation System

(1) The Department shall have a system to evaluate the performance of consultants on professional services contracts. The system shall consider the consultant’s performance for the entire length of the contract and evaluate the products produced by the consultant. A copy of the completed evaluation shall be provided to the consultant’s project manager and the officer who executed the agreement. A final composite evaluation of the consultant’s contract performance shall be developed by combining all of the consultant’s evaluations for the full length of the contract. The consultant’s work performance on each professional service contract must be evaluated by the Department’s project manager(s) or task manager(s). A work performance grade for each major type of work shall be based on an evaluation of Schedule, Management, and Quality. The schedule rating shall be based on the consultant’s compliance with the contract schedule. The Management rating shall be based on the consultant’s ability to manage all necessary project resources. The Quality rating shall be based on the consultant’s attention and concern to the established quality control plan and a quality product. The project manager shall assign the Quality rating to any qualified consultant named in the agreement for any major type of work performed. For all professional services contracts that result in the preparation of construction plans, a Constructibility rating shall also be assigned. The Constructibility rating shall be based on the design consultant’s ability to develop practical, accurate, complete, and cost effective construction plans.

(2) The rating system for all work types shall be on a 1 to 5 rating scale with 1 equating to poor performance and 5 representing outstanding performance. Ratings will be assigned on a continuum of 1 to 5.

History

Rulemaking Authority 287.055, 334.044(2), 337.105 FS. Law Implemented 287.055, 337.105 FS. History–New 3-29-89, Amended 1-2-91, 9-29-92, 2-22-94, 8-5-96, 8-2-01, 4-29-03, 5-15-06.

Chapter 14-78 PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES

Fla. Admin. Code R. 14-78.001 General

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 339.05, 339.0805 FS. History–New 12-9-81, Amended 5-23-84, Formerly 14-78.01, Amended 9-21-87, 5-4-88, Repealed 8-31-04.

Fla. Admin. Code R. 14-78.0011 Time and General Procedural Requirements

History

Rulemaking Authority 334.044(2), 339.0805 FS. Law Implemented 339.05, 339.0805 FS. History–New 5-23-84, Formerly 14-78.011, Amended 9-21-87, 5-4-88, 12-2-93, Repealed 8-31-04.

Fla. Admin. Code R. 14-78.003 General Responsibilities

History

Rulemaking Authority 334.044(2), 337.125(4), 337.137(3) FS. Law Implemented 337.125, 337.137, 337.139, 339.05, 339.0805 FS. History–New 12-9-81, Amended 5-23-84, 11-10-85, Formerly 14-78.03, Amended 9-21-87, 5-4-88, 4-17-89, 6-24-91, 12-2-93, 10-30-96, 8-12-97, 12-31-98, Repealed 8-31-04.

Fla. Admin. Code R. 14-78.004 Non-Federally Funded State DBE Program

History

Rulemaking Authority 334.044(2), 337.125(4), 337.137(3), 337.139, 339.0805 FS. Law Implemented 337.125, 337.137, 337.139, 339.0805 FS. History–New 12-2-93, Repealed 8-31-04.

Fla. Admin. Code R. 14-78.005 Participation by Disadvantaged Business Enterprises

History

Rulemaking Authority 337.125, 337.137, 339.0805 FS. Law Implemented 337.125, 337.137, 339.0805 FS. History–New 12-9-81, Amended 5-23-84, Formerly 14-78.05, Amended 9-21-87, 5-4-88, 6-24-91, 12-2-93, 4-30-96, 8-31-04, 5-3-09, Repealed 4-29-26.

Fla. Admin. Code R. 14-78.007 Procedure for Certification

History

Rulemaking Authority 334.044(2), 339.0805(1) FS. Law Implemented 120.57, 120.60, 334.044(27), 339.05, 339.0805 FS. History–New 12-9-81, Amended 5-23-84, Formerly 14-78.07, Amended 9-21-87, 5-4-88, 6-24-91, 12-2-93, 4-30-96, Repealed 8-31-04.

Fla. Admin. Code R. 14-78.0071 Challenge Procedure

History

Rulemaking Authority 120.53(1)(b), 334.044(2), 339.0805(1) FS. Law Implemented 120.57, 120.60, 334.044(27), 339.05, 339.0805 FS. History–New 6-24-91, Amended 12-2-93, Repealed 8-31-04.

Fla. Admin. Code R. 14-78.008 Suspension or Revocation

History

Rulemaking Authority 334.044(2), 337.137(3), 339.0805(2) FS. Law Implemented 120.57, 334.044(27), 337.137, 339.05, 339.0805 FS. History–New 12-9-81, Amended 5-23-84, Formerly 14-78.08, Amended 9-21-87, 5-4-88, 6-24-91, 12-2-93, Repealed 8-31-04.

Fla. Admin. Code R. 14-78.0081 Federal Appeal Rights

History

Rulemaking Authority 334.044(2), 339.0805(1) FS. Law Implemented 339.05, 339.0805 FS. History–New 5-23-84, Formerly 14-78.081, Amended 9-21-87, 12-2-93, Repealed 8-31-04.

Chapter 14-79 CONSTRUCTION MANAGEMENT DEVELOPMENT PROGRAM AND BOND GUARANTEE PROGRAM

Fla. Admin. Code R. 14-79.001 Purpose

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805(2) FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.002 Time and General Procedural Requirements

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 120.53 FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.003 Definitions

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805(2) FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.004 Construction Management Development Program/Bond Guarantee Program Application

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805(2) FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.005 Needs Assessments

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805(2) FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.006 Construction Management Development Program

History

Rulemaking Authority 334.044(2), 339.0805(1)(b) FS. Law Implemented 334.044(28), 337.141, 339.0805 FS. History–New 5-24-89, Amended 8-5-96, 10-30-96, 5-6-97, 1-17-99, 3-28-00, 10-19-04, 1-4-11, Repealed 4-29-26.

Fla. Admin. Code R. 14-79.007 Bond Guarantee Program

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805(2(a), (3) FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.008 Appeal Procedures

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805(2) FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.009 Suspension or Revocation

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805 FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.010 Implementation

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805 FS. History–New 5-24-89, Repealed 8-5-96.

Fla. Admin. Code R. 14-79.011 Forms

History

Rulemaking Authority 334.044(2), 339.0805(5) FS. Law Implemented 334.0805(26), 339.0805 FS. History–New 5-24-89, Repealed 8-5-96.

Chapter 14-85 LOGO SIGN PROGRAM

Fla. Admin. Code R. 14-85.004 Logo Sign Program

History

Rulemaking Authority 334.044(2), 479.08, 479.261 FS. Law Implemented 334.044(28), 479.08, 479.261 FS. History–New 6-26-85, Formerly 14-85.04, Amended 3-20-91, 10-10-96, 12-31-96, 10-8-97, 5-25-99, 8-31-99, 7-15-02, 1-7-03, 11-30-04, 3-29-05, 12-25-05, 2-13-08, 9-16-08, Repealed 12-15-09.

Fla. Admin. Code R. 14-85.013 Definitions

For purposes of this rule chapter the following terms are defined:

(1) “Attraction” means as defined in Section 479.261(1), F.S.

(2) “Business” means a commercial establishment providing gas, food, lodging, camping services, or attractions.

(3) “Business Logo” means a sign mounted on the display panel of a logo structure showing the name, symbol, trademark, or combination thereof for a business within a category of motorist services available at an interchange.

(4) “Category” means the motorist services of gas, food, lodging, camping, and attractions.

(5) “Combination Logo Structure” means a logo structure designed to display a combination of business logos in two or three categories.

(6) “Crossroad” means a road intersecting the limited access facility to which access is provided by means of an interchange.

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

(8) “Display Panel” means the facing or surface of a logo structure to which business logos are affixed.

(9) “Exit Ramp” means the traffic lane or lanes at an interchange on a limited access facility leading from the mainline to the crossroad.

(10) “Logo Structure” means the support columns and display panel upon which separate business logos may be displayed. A full size logo structure is capable of displaying six business logos. A half size logo structure is capable of displaying three business logos.

(11) “Limited Access Facility” means as defined in Section 334.03, F.S., and includes interstate highways.

(12) “Logo Trailblazer Signs” means signage in addition to mainline and ramp logo structures necessary to provide additional direction to otherwise qualifying businesses that are not located on, or visible from, the crossroad. Logo trailblazer signs shall consist of a business logo identical to a ramp business logo, a directional arrow, and supports.

(13) “Mainline” means the traffic lanes on the limited access facility intended for through travel.

(14) “Mainline Business Logo Structure” means those logo structures located along the mainline.

(15) “Permit” means written authorization for the display of a business logo.

(16) “Permittee” means legal company/owner name to which a permit is issued.

(17) “Prepared Food” means hot or deli style food prepared on site.

(18) “Program Administrator” means the contractor hired by the Department to provide services relating to the logo sign program. Contact information for the Program Administrator is available at www.dot.state.fl.us/rightofway/.

(19) “Project Manager” means the Department employee with oversight responsibility for the program.

(20) “Ramp Logo Structure” means those logo structures located along an exit ramp.

(21) “Traffic Control Device” means all signs, signals, markings, and devices placed on, over, or adjacent to a street or highway by authority of a public body or official having jurisdiction to regulate, warn, or guide motorists, as defined by the Manual on Uniform Traffic Control Devices incorporated by Rule 14-15.010, F.A.C.

(22) “Urban Area” means as defined in Section 334.03, F.S.

(23) “Wait List” means a compilation of businesses, by individual category, which have applied to participate in the logo program at a particular interchange at which there is currently no space available. Wait lists are maintained by interchange, category and application date.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 334.044(2), 479.261 FS. History–New 12-15-09, Amended 6-16-15.

Fla. Admin. Code R. 14-85.014 Responsibilities of Program Administrator and Department

(1) The Department is responsible for establishing the logo sign program pursuant to Section 479.261, F.S.

(2) The Program Administrator is responsible for administering all provisions of this rule chapter, including the receipt of applications and renewals and the issuance of Department-approved notices.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 334.044(7), 479.261(4) FS. History–New 12-15-09.

Fla. Admin. Code R. 14-85.015 Qualification of Interchanges

(1) Interchanges on limited access facilities are qualified for the logo sign program when spacing requirements allow at least one logo structure on the mainline and one corresponding ramp logo structure, in addition to all necessary traffic control devices for each direction of travel on the mainline.

(2) An interchange on a limited access facility is qualified only when the interchange configuration allows a motorist to exit and reenter the limited access facility and continue in the same direction of travel.

(3) Interchanges are no longer qualified when either the spacing requirement or the configuration requirement cannot be met as a result of Department action. Either the Department or the Program Administrator shall relocate or remove logo structures.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(2), 479.261(7) FS. History–New 12-15-09, Amended 6-16-15.

Fla. Admin. Code R. 14-85.017 Logo Structures

(1) The number of logo structures along an approach to an interchange and the corresponding ramp structures shall be limited to a maximum of four each.

(2) No more than six business logos shall be allowed on any logo structure.

(3) No category shall appear on more than two mainline and two ramp logo structures in each direction at an interchange.

(4) Arrangement of business logos on the display panel shall be based on the most efficient use of the display panel and not on the priority of the wait list or length of time a business has been participating in the program.

(5) At interchanges where sufficient spacing exists for mainline and corresponding ramp logo structures, preference shall be given in the successive order of gas, food, lodging, camping, attractions, and other permissible categories.

(6) At interchanges where sufficient spacing does not exist, the display panel configuration shall be based on that which maximizes participation in the logo sign program.

(7) Combination logo structures and ramp logo structures shall be used when spacing for separate structures is unavailable to accommodate all business categories for which applications have been submitted.

(8) The display panel of mainline logo structures shall be:

(a) 15 feet wide by 10 feet high for a full size mainline logo structure;

(b) 15 feet wide by 6 feet high for a half size mainline logo structure;

(9) The display panel of ramp logo structures shall be:

(a) 8 feet wide by 7 feet high for a full size ramp logo structure;

(b) 8 feet wide by 4 feet high for a half size ramp logo structure;

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261 FS. History–New 12-15-09, Amended 6-16-15.

Fla. Admin. Code R. 14-85.018 Display Panel Configuration

(1) If spacing is unavailable on a logo structure for categories with pending applications for the interchange, display panels shall be configured to best accommodate as many categories as practicable, with consideration given to the priorities listed in subsection 14-85.017(5), F.A.C.

(2) When a business logo is removed, the next qualified business, in the same category, on the waiting list will be displayed on the display panel subject to subsection 14-85.017(4), F.A.C.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(7) FS. History–New 12-15-09.

Fla. Admin. Code R. 14-85.019 Business Logos

(1) Mainline business logos shall be constructed of metal and shall be 48'' inches wide and 36'' inches high. Letters shall be at least 10 inches high, whether capital or lowercase. However, when only a symbol or trademark is used on the business logo, any legend on the symbol or trademark shall be proportional to the size customarily used on the symbol or trademark.

(2) Ramp business logos shall be constructed of metal and shall be 24'' inches wide and 18'' inches high. Letters shall be at least 6'' inches high, whether capital or lowercase. However, when only the symbol or trademark is used, any legend on it shall be proportional to the size customarily used on the symbol or trademark.

(3) All supplemental messages shall be displayed within the business logo. Supplemental messages may include DIESEL, 24 HOURS, CLOSED AND THE DAY OF THE WEEK, ALTERNATE FUELS, RV, and the handicapped symbol.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(1), 479.261(7) FS. History–New 12-15-09, Amended 6-16-15.

Fla. Admin. Code R. 14-85.020 Installation, Maintenance and Removal of Logo Structures and Business Logos

(1) Except as provided, all logo structures and business logos shall be installed and maintained in accordance with the Manual on Uniform Traffic Control Devices.

(2) The Program Administrator shall remove, replace, or cover any business logo that no longer meets Department standards.

(3) The Program Administrator will make all removed business logos available to the permittee for 15 calendar days from removal. Any business logos not picked up during that time will become the property of the Program Administrator.

History

Rulemaking Authority 334.044(2), 479.261(1), 479.261(7) FS. Law Implemented 479.261(4) FS. History–New 12-15-09.

Fla. Admin. Code R. 14-85.021 Qualification of Businesses

(1) To qualify for participation in any category, a business must be open and operating and meet all of the following conditions:

(a) Hold all necessary licenses and permits to provide the services required to qualify for the category being displayed.

(b) Comply with laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin, and allow admission to the general public. A business shall not qualify if admission or access is based on a membership fee or other means of exclusive admission, or where minors are excluded.

(d) Be within a category set forth in subsection 14-85.013(4), F.A.C., and meet the requirements applicable to that category, including distance from the qualifying interchange. The distance will be measured along the crossroad from the point where the crossroad intersects with the centerline of the limited access facility median to the nearest entrance to the premises of the business.

(e) Be located on or visible from the crossroad so that a motorist can immediately discern the type of service provided. However, a business which meets all other qualifications but is not located on or visible from the crossroad will be permitted to display a business logo subject to all of the following conditions:

The business demonstrates that additional signs are in place, which are adequate to direct the motorist to its location. Such signs shall be maintained at all times while the business logo is displayed.

2 The business shall provide the Program Administrator with the logo trailblazer signs at its own cost. Written approval must be obtained from the entity having authority for sign placement prior to installation of the logo trailblazer sign. Logo trailblazer signs shall be maintained by the Program Administrator.

Space is available to display the business logo on an existing logo structure.

(2) A business qualified in a category of gas, food or lodging only, which is located between three and six miles from the interchange will be granted a permit for a business logo if fewer than six permits have been issued for businesses within three miles of the interchange for that category. A permit for a business logo issued for a business located between three and six miles of the interchange will not be renewed at the next billing date if space is needed to accommodate a business or businesses located within three miles of the interchange that have been qualified for permits. If more than one business is located between three and six miles of the interchange, the logo of the business furthest from the interchange shall be the first to be removed.

(3) A business shall qualify to display a business logo in one direction only, for that specific interchange, if any of the following conditions are met:

(a) The business is located at an interchange that serves one direction only.

(b) The business is located at an interchange serving both directions, but the business can only serve motorists traveling in one direction because of the interchange configuration.

(c) The business is located at an interchange serving both directions, but the business can only be signed in one direction because of sign spacing.

(d) The business is using supplemental signing in one direction but supplemental signing in the other direction is not available.

(4) RV (Recreational Vehicle) Friendly.

(a) Businesses meeting the following requirements shall be granted a permit to display the RV friendly symbol on their business logo:

Roadway access and egress shall have a hard surface, be free of potholes, and be at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility.
Roadway access, egress, and parking facilities must be free of any electrical wires, tree branches, and other obstructions up to 14 feet above the surface.
Facilities requiring short-term parking, such as restaurants or tourist attractions, are required to have 2 or more parking spaces that are at least 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces.
Fueling facilities with canopies are required to have at least a 14-foot clearance, and those selling diesel fuel are required to have pumps with non-commercial nozzles.
Fueling facilities must allow for pull-through with a swing radius of 50 feet.
Campgrounds shall have two or more spaces at least 18 feet wide and 45 feet long.
Businesses shall post directional signing on their sites, as needed, to RV friendly parking spaces and other on site RV friendly services.
If a left turn into the business is precluded by a median or some other design feature of the crossroad, and a U-turn will be required to access the RV friendly site, an engineering study provided by the applicant is required to demonstrate that a lawful U-turn can be made by RVs within 1,000 feet of the business.

(b) RV friendly symbol design and placement.

The design of the RV friendly symbol is a 12'' inch diameter retro-reflective yellow circle with a 1/2 inch approved non-reflective black border as prescribed in Table 2A and Figure 2J-4 of the Manual for Traffic Control Devices incorporated by Rule 14-15.010, F.A.C. The black upper case letters “RV” are inside the circle and are 8'' inches in height and will be approved non-reflective black.
The RV friendly symbol shall be located in the lower right-hand corner of the business logo.
The RV friendly symbol shall only be displayed on mainline logo structures.

Businesses interested in providing this service should contact the Program Administrator.
Businesses in all categories may apply to use the RV friendly symbol on their business logos at any time.
The Program Administrator will inspect the business to assure compliance with the RV friendly qualifying criteria.
If a business subsequently fails to satisfy the RV friendly criteria, the RV friendly symbol shall be removed by the Program Administrator.

(5) Gas. To qualify for a business logo in the gas category, an existing business must meet all of the following conditions:

(a) Operate year round at least 16 hours per day, 360 days a year. However, a business that meets all other qualifications but maintains operating hours less than 16 hours per day will be permitted to display a business logo in the gas category if it meets all of the following conditions:

Space is available to display the business logo in the gas category on an existing logo structure.
At least one other gas business logo is displayed at the same interchange for a business operating year round at least 16 hours per day, at least 360 days a year.
The gas business operating less than 16 hours per day shall operate at least 12 continuous hours per day at least 360 days a year.

(b) Provide on-site vehicle services including: fuel, oil, water, and tire inflation.

(d) Be located within six miles of the interchange.

(6) Accessibility. Any full or self service gas business providing gas pumping service to motorists with disabilities during the hours the business is open, may display the International Symbol of Accessibility for the Handicapped (Symbol D9-6 of the Manual on Uniform Traffic Control Devices incorporated by Rule 14-15.010, F.A.C.) on its business logo. The symbol shall be a minimum of 6 inches wide by 6 inches high and a maximum of 8 inches wide by 8 inches high for the mainline business logo. These dimensions shall be reduced by one half for corresponding ramp business logos. The symbol shall be located in the upper left hand corner of the business logo in a manner in which it touches both the business logo and the display panel and is positioned in such a way as to cause minimal interference with the artwork. Permitted gas category businesses may apply to use this symbol on their business logos at any time. A new participant may elect to participate when the first permit fee payment is submitted.

(a) Gas category businesses providing gas pumping services to motorists with disabilities should contact the Program Administrator. In order to participate, a gas business shall meet all of the following conditions:

An attendant shall be on duty to pump gas for motorists with disabilities, without additional charge; and,
At least one gas pump is plainly identified with the International Symbol of Accessibility for the Handicapped with an explanation of the method by which the driver can notify an attendant of the need for assistance without exiting the vehicle.

(b) Following the approval of the initial application, the Program Administrator will install the symbol on the mainline and ramp logo signs.

(7) Food. To qualify for a business logo in the food category, an existing business must meet all of the following conditions:

(a) Be licensed in accordance with Section 500.12 or 509.241, F.S., and serve prepared food.

(b) Be located within six miles of the interchange.

(d) Maintain continuous operating hours from at least 7:00 a.m. to 10:00 p.m., at least 360 days a year. A business which meets all other qualifications, but maintains operating hours other than 7:00 a.m. to 10:00 p.m., will be permitted to display a business logo in the food category so long as it meets all of the following conditions:

Space is available to display the business logo on an existing logo structure.
At least one business logo in the food category is displayed at the same interchange, with continuous operating hours from at least 7:00 a.m. to 10:00 p.m.
The business shall operate for at least six consecutive hours between 6:00 a.m. and midnight, at least 360 days a year.

(e) If a food business is qualified, except for the fact that the business is only open six days a week, that business will be allowed to participate as a fully qualified business. The business shall identify the day it is closed on the business logo, e.g., Closed Sunday. The legend must be located in the lower one third of the business logo and the letters must be at least 6 inches high. The color of the letters must be in contrast to the color of the background.

(8) Lodging. To qualify to display a business logo in the lodging category, an existing business must meet both of the following conditions:

(a) Be licensed in accordance with Section 509.241, F.S.

(b) Be located within six miles of the interchange.

(9) Camping. To qualify for a business logo in the camping category, an existing business shall hold a permit under the provisions of Section 513.02, F.S., and must be located within fifteen miles of the interchange.

(10) Attraction. To qualify for a business logo in the attraction category, an existing business must meet all of the following conditions:

(a) Be open at least 5 days a week for 52 weeks a year.

(b) Have, as its principal focus, family-oriented entertainment or cultural, educational, recreational, scientific, or historical activities.

(c) Be publicly recognized as a bona fide tourist destination. A bona fide tourist destination shall have, and keep current, all legally required permits and licenses.

(d) Advertise to the general public.

(e) Provide adequate parking.

(f) Not be advertised or displayed on any existing traffic control device, such as a supplemental guide sign or an overhead sign in the direction being signed by the logo sign program.

(g) Be located within fifteen miles of the interchange.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(1), 479.261(1)(a), 479.261(1)(b), 479.261(7) FS. History–New 12-15-09, Amended 6-16-15.

Fla. Admin. Code R. 14-85.022 Permits

(1) Permit Period. All permits shall expire annually on December 31. However, initial permits approved after September 30, will expire December 31 of the year following approval.

(2) Permit Fees.

(a) Annual fees for participation in the Logo Sign Program are computed based upon the Annual Average Daily Traffic (AADT) at each interchange, the population of the area surrounding the interchange, market conditions, and the costs of the program. The following charts show the groupings for both AADT and population:

AADT Grouping

Population Grouping

Group

=

Group

30,000

5,000

30,000

75,000

5,000

75,000

175,000

The following chart shows the weighted values assigned to each factor:

Fee Formula Factors

AADT

230

Population

400

Cost

1000

The fee for each interchange is computed as follows:

(AADT Group x AADT Factor) + (Population Group x Population Factor) + Cost Factor

Under no circumstances shall calculated fee exceed $3500.00 for an interchange in an urban area, or $2,000.00 for an interchange outside an urban area.

Example: For an interchange with an AADT of 60,000 and a population of 75,000, the fee is computed as follows:

AADT Group = 1

Population Group = 2

(1 x 230) + (2 x 400) + 1000 = $2,030

The fees calculated above are for a mainline logo sign and ramp logo signs in both directions of the limited access facility. At interchanges where the configuration only allows access to the business in a single direction, one mainline logo sign and one ramp logo sign will be provided and the fee will be one-half (1/2) that computed for both directions.

(b) An annual permit fee of $1,300.00 is established for all interchanges located within the boundaries of rural communities designated as within a rural area of opportunity as defined by Sections 288.0656(2)(d) and (e), F.S. The list of rural communities and areas designated as rural area of opportunity is published by the Department of Economic Opportunity. The rural area of opportunity status will be that which is in effect at the time the invoice for either the initial or renewal billing for participation in the Logo Sign Program is generated. If a rural area of opportunity designation is secured subsequent to the generation of the invoice, no refund, credit, or pro rata distribution of funds received by the Department for that year will be made to the permittee.

(c) Payment of permit fees shall be by U.S. currency, postal money order, bank draft, cashier’s check, personal check, or business check. If a personal or business check is not honored for any reason by the bank on which it is drawn, the application for which the fee was submitted will be denied. If an individual or company issues two or more checks to the Department or Program Administrator that are not honored, no further personal or business checks will be accepted from that individual or company, regardless of whether restitution has been made on previous checks.

(d) The permit fee will be prorated with 1/12 of the permit fee charged for each month or portion thereof remaining in the calendar year after the date of approval of an application. The fee for an application approved after September 30 will also include the fees for the next calendar year.

(3) When a participating business wishes to change a business logo, there will be a $100 change-out fee for each business logo, payable in advance.

(4) Initial Permit Application. A business applying to display a business logo must submit a completed Logo Application on Form 575-070-35, Rev. 3/12, incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-05110, to the Program Administrator.

(5) Completed applications will be acted upon within 30 days of receipt. Written notice of the decision will be furnished to the applicant.

(6) Permit fees must be received by the Program Administrator within 30 days of the notification of permit approval.

(7) After notification of approval, the applicant shall be responsible for providing the Program Administrator with all required business logo signage.

(8) The business logo will be affixed to the display panel within 30 days of receipt of the business logo or the permit fee, whichever is later.

(9) When space is not available on a logo structure for a qualified business, the business will be placed on a waiting list in each individual category in the order in which the application was received. When space becomes available, notice will be provided to the business with the highest priority, providing the business 30 days within which to submit an updated application for processing.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(4), 479.261(5) FS. History–New 12-15-09, Amended 11-8-10, 6-16-15.

Fla. Admin. Code R. 14-85.023 Priority of Applications

(1) For gas, food, and lodging categories only, applications received for businesses within three miles of an interchange shall have priority over businesses that are within three to six miles of that interchange.

(2) Active permits retain priority over other applications, except when retaining priority would conflict with subsection 14-85.021(1), F.A.C.

(3) Initial permit applications will be assigned priority based upon the date and time of receipt by the Program Administrator. The application received earliest will be given the highest priority subject to subsections 14-85.021(1) and (2), F.A.C. Processing will be in order of assigned priority. A business that fails to submit an updated application within 30 days of notice that space has become available shall be deemed to have withdrawn its application. The business shall resubmit the application in order to be assigned priority. Priority shall be based upon the date and time of receipt of the resubmitted application.

(4) Acceptance of an application and assignment of processing priority does not constitute approval of the application. Approval or denial of applications will be granted after processing is complete.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(7) FS. History–New 12-15-09, Amended 6-16-15.

Fla. Admin. Code R. 14-85.024 Permit Renewal

(1) Each year a dated renewal billing shall be sent to current permittees specifying the permit fee amount, due date, limited access facility and interchange location, number of panels, and name on the business logo.

(2) Permit renewal payments must be received by the Program Administrator no later than 5:00 p.m. on December 1 of each year. In any year in which the average annual fee increases by more than 20% and upon request by the permittee, the Department shall extend the due date for (thirty) 30 days.

(3) In any year in which the average annual fee increases by more than 20% and upon request by the permittee, the Department shall accept payments on an installment basis. Installments shall be paid in accordance with the following provisions:

(a) No more than four (4) quarterly installments of equal amount shall be authorized.

(b) The first installment payment shall be paid no later than 5:00 p.m. on the due date established in accordance with subsection (2).

(d) Failure to submit each quarterly payment by the required date will result in the revocation of the permit pursuant to subsection 14-85.025(2), F.A.C.

(4) It is the responsibility of the permit holder to keep the Program Administrator informed of all address, ownership, contact, billing changes, as well as any other changes occurring after the last renewal period, which may impact the permittee’s notification of their participation eligibility

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(4) FS. History–New 12-15-09, Amended 4-29-10, 6-16-15.

Fla. Admin. Code R. 14-85.025 Denial, Revocation, Suspension, or Cancellation of Permit

(1) Denial. An application for a permit will be denied if the business does not meet the eligibility requirements outlined in this rule or if permit fees are not timely received.

(2) Revocation. A business’s permit to participate in the logo sign program shall be revoked if:

(a) The business no longer meets the eligibility requirements as outlined in this rule chapter, has not been granted a suspension pursuant to subsection (3), or the Program Administrator has not received the permit fees by 5:00 p.m. on December 1, unless the Department has extended the payment due date pursuant to subsections 14-85.024(2) and (3), F.A.C.

(b) Prior to revoking a permit, the Program Administrator shall issue by certified mail a Notice of Intent to Revoke for Noncompliance. This notice shall state the noncompliance found and provide the following:

The permittee shall have 30 calendar days from receipt of the Notice of Intent to Revoke to correct the noncompliance and present evidence to the Program Administrator of such correction or to file a request for an administrative proceeding.
If corrective action is not accomplished within the 30-day period, and a hearing request is not filed, the revocation becomes the final agency action of the Department.
The business logo shall be removed from the logo structure(s) after the revocation is final or after the entry of a Final Order pursuant to Chapter 120, F.S.

(3) Suspension. A permit will be suspended when the business notifies the Program Administrator that it is temporarily unable to provide the services required.

(a) The maximum period of suspension shall be 90 days, except in cases of national disaster or when substantial physical changes, such as retrofitting of fuel tanks, must be made to the business. An additional 90 days will be granted by the Program Administrator upon receipt of complete construction or engineering specifications for the physical changes and a construction schedule supporting the need for additional time.

(b) The permit must remain in force, including payment of all fees, during the period of suspension.

(c) The Program Administrator shall cover or remove the business logo until the business is again able to provide services.

(d) If the circumstances requiring suspension of the permit are not resolved within that time, the Program Administrator shall revoke the permit.

(4) Notice. In cases of denial or revocation, the Program Administrator shall provide written notice to the applicant or permittee by certified mail. The notice shall contain a statement of the reason for the action and an explanation of the permittee’s rights under Chapter 120, F.S.

(5) Cancellation. If a business decides to no longer participate in the logo sign program, the business must provide the Program Administrator a written notice of its decision not to participate. Upon receipt of the notice, the Program Administrator will cancel the business’ permit and remove the business’ business logo.

History

Rulemaking Authority 334.044(2), 479.261(7) FS. Law Implemented 479.261(3), 479.261(4) FS. History–New 12-15-09, Amended 4-29-10.

Chapter 14-86 DRAINAGE CONNECTIONS

Fla. Admin. Code R. 14-86.001 Purpose

The purpose of this rule chapter is to regulate and prescribe conditions for the transfer of stormwater to the Department of Transportation’s right-of-way as a result of manmade changes to adjacent property(ies), through a permitting process designed to ensure the safety and integrity of the Department of Transportation’s facilities and to prevent an unreasonable burden on adjacent and downstream properties. This rule chapter does not regulate dewatering activities.

History

Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History–New 11-12-86, Amended 1-20-09, 2-6-19.

Fla. Admin. Code R. 14-86.002 Definitions

As used in this rule chapter the following terms shall have the following meanings:

(1) “Adjacent Property” means any real property or easement with a shared boundary to the Department’s right-of-way.

(2) “Applicant” means the owner of adjacent property or the owner’s authorized representative.

(3) “Applicable Water Quality Standards” means rules and regulations of state or federal governmental entity(ies) pertaining to stormwater discharges from the Department’s facilities to which the drainage connection is made.

(4) “Critical Duration” means the length of time of a specific storm frequency which creates the largest volume or highest rate of net stormwater runoff (post-improvement runoff less pre-improvement runoff) for typical durations up through and including the 10-day duration for closed basins, i.e. without a positive outlet, and up through the 3-day duration for basins with positive outlets. The critical duration for a given storm frequency is determined by calculating the peak rate and volume of stormwater runoff for various storm durations and then comparing the pre-improvement and post-improvement conditions for each of the storm durations. The duration resulting in the highest peak rate or largest net total stormwater volume is the “critical duration” storm (volume is not applicable for basins with positive outlets).

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

(6) “Discharge” means the event or result of stormwater draining or otherwise transferring from one property to another or into surface waters.

(7) “Drainage Connection” means any structure, pipe, culvert, device, paved or unpaved area, swale, ditch, canal, or other appurtenance or feature, whether naturally occurring or created, which is used or functions as a link to convey stormwater.

(8) “Facility” or “Facilities” means anything built, installed, or maintained by the Department within the Department’s right-of-way.

(9) “Impervious Area” means surfaces which do not allow, or minimally allow, the penetration of water. Examples of impervious areas are building roofs, all concrete and asphalt pavements, compacted traffic-bearing areas such as limerock roadways, lakes, retention/detention areas, pond liners, and other standing water areas.

(10) “Improvement” means any man-made change(s) to adjacent property which establishes or alters the rate, volume, or quality of stormwater.

(11) “Licensed Professional” means an individual licensed under chapter 471, F.S., authorized by law to design and certify the stormwater management system under review.

(12) “Permit” or “Drainage Connection Permit” means an authorization to establish or alter a drainage connection to the Department’s right-of-way issued pursuant to this rule chapter.

(13) “Permittee” means the individual or entity to which a Drainage Connection Permit is issued.

(14) “Positive Outlet” means a point of stormwater runoff into surface waters which under normal conditions would drain by gravity through surface waters ultimately to the Gulf of Mexico, the Atlantic Ocean, or into sinks, closed lakes, or recharge wells provided the receiving waterbody has been identified by the appropriate Water Management District as functioning as if it recovered from runoff by means other than transpiration, evaporation, percolation, or infiltration.

(15) “Post-improvement” means the condition of property after improvement.

(16) “Pre-improvement” means the condition of property:

(a) Before November 12, 1986; or

(b) On or after November 12, 1986, with connections which have been permitted under this rule chapter or permitted by another governmental entity based on stormwater management requirements equal to or more stringent than those in this rule chapter.

(17) “Right-of-Way” means land in which the Department owns the fee or for which the Department has an easement, devoted to or required for use as a transportation or stormwater management system.

(18) “Stormwater” or “Stormwater Runoff” means the flow of water which results from and occurs immediately following a rainfall event.

(19) “Stormwater Management System” means a facility which is designed and constructed or implemented to control stormwater, incorporating methods to collect, convey, store, infiltrate, treat, use, or reuse stormwater to prevent or reduce flooding, pollution, and otherwise affect the quantity or quality for the receiving water body or downstream property.

(20) “Surface Water” means water upon the surface of the earth whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits onto the earth’s surface.

(21) “Watershed” means the region draining or contributing water to a common outlet, such as a stream, lake, or other receiving area.

History

Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History–New 11-12-86, Amended 1-20-09, 2-6-19.

Fla. Admin. Code R. 14-86.003 Permit, Assurance Requirements, and Exceptions

(1) Permit.

A Drainage Connection Permit, Form 850-040-06, rev. 12/18, and incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10197 is required for all improvement(s) on an adjacent property whether or not the work is done in conjunction with a driveway connection, and whether or not the improvement retains stormwater runoff on the adjacent property up to and including the 100 year event of critical duration.

(2) Assurance Requirements.

(a) The applicant for a drainage connection permit shall provide reasonable assurances that:

The adjacent property has an approved stormwater management plan or master drainage plan adopted or approved by a city, county, water management district, or other agency with specific drainage or stormwater management authority, which plan includes downstream mitigation measures. To the extent the plan relies on the use of any Department facilities, such use must have Department approval.
The peak discharge rates and total volumes of stormwater discharging from the adjacent property to the Department’s right-of-way are those provided for in an approved stormwater management plan or master drainage plan; otherwise the post-improvement stormwater runoff discharging from the adjacent property to the Department’s right-of-way shall not exceed the more stringent of the following:

a. The peak discharge rates and total volumes allowed by applicable local regulation; or

b. The pre-improvement discharge rate, and in watersheds which do not have a positive outlet, the volume shall not be increased beyond the pre-improvement volume considering worst case storms for up to the frequencies and durations contained in paragraph 14-86.003(2)(c), F.A.C.

Any discharge pipe establishing or constituting a drainage connection from the adjacent property to the Department’s right-of-way is limited in size based on the pre-improvement discharge rate, downstream conveyance limitations, downstream tailwater influences, and design capacity restrictions imposed by other governmental entities.
If the improvement changes the inflow pattern of stormwater or method of drainage connection to the Department’s right-of-way, post-improvement discharge will not exceed the pre-improvement discharge to the Department’s right-of-way, any new drainage connection will not threaten the safety or integrity of the Department’s right-of-way, and will not increase maintenance costs to the Department. At a minimum pavement hydraulics, ditch hydraulics, storm drain hydraulics, cross drain hydraulics, and stormwater management systems shall be analyzed by the applicant. The analysis must follow the methodology used in the design of the Department’s drainage facilities receiving the discharge and meet the criteria in the Department’s Drainage Manual, Topic Number 625-040-002, eff. 1/19, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10117 and available from the Department at: http://www.fdot.gov/roadway/Drainage/Manuals and Handbooks.
The quality of water conveyed by the proposed connection will meet all applicable water quality standards. In the event the discharge is identified as potentially causing or contributing to a violation of applicable water quality standards, the applicant will be required to incorporate such abatement as necessary to bring the discharge into compliance with applicable water quality standards.

(b) If the requirements set forth in paragraph 14-86.003(2)(a), F.A.C., cannot be fully complied with, the applicant may submit alternative drainage connection designs. The analysis supporting the proposed alternative drainage connection must follow the methodology used in the design of the Department’s drainage facilities receiving the proposed alternative drainage connection and meet the criteria in the Department’s Drainage Manual. Deviation from a standard in the Drainage Manual is subject to approval by the District Drainage Engineer. Acceptance of any alternative design must serve the purpose of this rule chapter and shall be based upon consideration of the following:

The type of stormwater management practice proposed;
The efficacy and costs of alternative controls;
The impact upon the operation and maintenance of the Department’s facilities; and,
The public interest served by the drainage connection.

Use a methodology which is compatible with the methodology employed in the design of the Department’s drainage facilities receiving the stormwater;
Determine the peak discharge rates considering various rainfall event frequencies up to and including a 100 year event of critical duration of up to three days; and,
In watersheds without a positive outlet, determine the stormwater runoff total volumes considering various rainfall amounts up to a 100 year rainfall frequency of critical durations of up to ten days. The pond retention volume must recover at a rate such that one-half of the volume is available in seven days with the total volume available in 30 days, with a sufficient amount recovered within the time necessary to satisfy applicable water treatment requirements.

(3) Exceptions. The following do not require a Drainage Connection Permit:

(a) Adjacent properties without improvements.

(b) Improvements to adjacent properties made before November 12, 1986.

(c) Improvements to adjacent properties not draining to the Department’s right-of-way in the pre-improvement and post-improvement condition.

(d) Single-family residential improvements which are not part of a larger common plan of development or larger common plan of sale.

(e) Agricultural and silvicultural improvements that:

Are subject to regulation by the Department of Environmental Protection or regional Water Management Districts;
Are exempt under the provisions of section 373.406, F.S.; or
Are implementing applicable best management practices adopted by the Florida Department of Agriculture and Consumer Services in rule chapter 5M or 5I-6, F.A.C.

(f) Any other improvement, provided that all of the following apply:

The total impervious area, after improvement, is less than 5,000 square feet of cumulative impervious area and is less than 40% of that portion of the property that naturally drained to the Department’s right-of-way;
The improvement does not create or alter a drainage connection;
The improvement does not change flow patterns of stormwater to the Department’s right-of-way, and does not increase the surface area draining to the Department’s right-of-way;
The property is located in a watershed which has a positive outlet; and,
The site or improvement is not part of a larger common plan of development or larger common plan of sale.

(4) An exception provided in subsection 14-86.003(3), F.A.C., shall not apply if any drainage connection from the adjacent property threatens the safety and integrity of the Department’s facilities or creates an unreasonable burden on downstream properties, including violations of applicable water quality standards.

History

Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History–New 11-12-86, Amended 1-20-09, 2-6-19.

Fla. Admin. Code R. 14-86.004 Permit Application Procedure

(1) An applicant shall submit a Drainage Connection Permit, Form 850-040-06 (12/18), incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-10197 and available for electronic submittal through https://osp.fdot.gov.

(2) Each completed Drainage Connection Permit package shall be accompanied by:

(a) A location map, included in the construction plans, sufficient to show the location of the improvement and any drainage connection to the Department’s right-of-way, and shall include the state highway number, county, city, and section, range, and township.

(b) A grading plan drawn to scale showing pre-improvement and post-improvement site conditions including all pervious and impervious surfaces, land contours, spot elevations, and all drainage facilities of the Department and of the adjacent property. The bench mark datum for the plans shall be noted on the plans. Contour information shall extend 50 feet beyond the property boundaries or be sufficient to clearly define the portion of the watershed which drains through the property to the Department’s right-of-way.

(d) Soil borings and water table data and, where percolation or infiltration is utilized in the design, appropriate percolation test methodology and results.

(e) Computations as required by subsection 14-86.003(2), F.A.C.

(f) The Drainage Connection Certification, Part 2 of the permit must be certified by a Licensed Professional that the complete set of plans and computations comply with either paragraph 14-86.003(2)(a) or 14-86.003(2)(b), F.A.C.

(3) Improvements which otherwise meet the criteria of subparagraphs 14-86.003(3)(f)1. and 14-86.003(3)(f)4., F.A.C., but which create or alter a drainage connection to the Department’s right-of-way, will not require submittal of the information required by paragraphs 14-86.004(2)(d) through (f), F.A.C., but will otherwise require the submittal of all other required information.

(4) The Department recognizes that regulatory and permitting programs exist or may be developed by local units of government, and state or federal agencies which may overlap with the requirements of this rule chapter. In order to avoid duplication the Department will:

(a) In lieu of the requirements in rule 14-86.003 and subsection 14-86.004(2), F.A.C., accept a permit that accomplishes the purposes of this rule chapter so long as the permit is issued by a governmental entity with specific stormwater management authority and is based on requirements equal to or more stringent than those in rule 14-86.003, F.A.C.; or

(b) Accept any form, plans, specifications, drawings, calculations, or other data developed to support an application for a permit required by a governmental entity, pursuant to any rule which establishes requirements equal to or more stringent than rule 14-86.003, F.A.C.

(5) Once approved by the Department, the drainage connection application and supporting documents become the Drainage Connection Permit.

History

Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History–New 11-12-86, Amended 1-20-09, 2-6-19.

Fla. Admin. Code R. 14-86.005 General Conditions for a Drainage Permit

(1) A Drainage Connection Permit does not exempt the permittee from meeting all other applicable regulations and ordinances governing stormwater management.

(2) All work done in conjunction with the Drainage Connection Permit shall meet and adhere to all general and specific conditions and requirements contained in the Permit.

(3) Within 15 working days after completion of the work authorized by an approved Drainage Connection Permit, the permittee shall notify the Department in writing of the completion; and for all design work that originally required certification by a Licensed Professional, this notification shall contain the As Built Certification, Part 8 of the Permit. The certification shall state that work has been completed in substantial compliance with the Drainage Connection Permit.

(4) The permittee or property owner, will be required to reimburse the Department for any fines, penalties and costs, e.g., abatement costs, mitigation costs, remediation costs, incurred by the Department in the event the permittee’s discharge fails to meet the applicable water quality standards or minimum design and performance standards.

History

Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History–New 11-12-86, Amended 1-20-09, 2-6-19.

Fla. Admin. Code R. 14-86.006 Permit Suspension or Revocation

A permit will be suspended or revoked if:

(1) The permitted drainage connection is not constructed, operated, or maintained in accordance with the permit;

(2) Emergency conditions or hazards exist;

(3) False or misleading information is submitted to the Department in the Drainage Connection Permit package;

(4) Another governmental entity revokes or suspends a permit which was the basis upon which a Department Drainage Connection Permit was obtained;

(5) The As-built Certificate required for the Drainage Connection Permit is not submitted in accordance with subsection 14-86.005(3), F.A.C.; or

(6) Any discharge occurs above the permitted design discharge.

History

Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History–New 11-12-86, Amended 1-20-09, 2-6-19.

Fla. Admin. Code R. 14-86.007 Forms

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.03(23), (27), 334.044(1), (10)(a), (27), 335.02(1), 336.045(1), 337.401(1) FS. History–New 11-12-86, Repealed 1-20-09.

Chapter 14-87 ASSESSMENT OF PENALTIES FOR VIOLATIONS FOUND DURING COMPLIANCE REVIEWS AND PAYMENT OF PENALTIES

Fla. Admin. Code R. 14-87.0011 Scope and Definitions

History

Rulemaking Authority 316.302, 316.535, 334.044(2) FS. Law Implemented 316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545, 316.550, 316.70 FS. History–New 7-15-91, Amended 9-12-96, 8-7-03, 10-9-05, Transferred to 15B-15.0011.

Fla. Admin. Code R. 14-87.0012 Assessment of Penalties for Violations Found During Compliance Reviews

History

Rulemaking Authority 316.302, 334.044(2) FS. Law Implemented 316.302, 316.3025, 316.70, 627.7415, 627.742 FS. History–New 10-9-05, Transferred to 15B-15.0012.

Fla. Admin. Code R. 14-87.002 Payment of Penalties; Detaining and Impounding Commercial Motor Vehicles

History

Rulemaking Authority 316.302, 316.535, 334.044(2) FS. Law Implemented 316.302, 316.3025, 316.3026, 316.516, 316.535, 316.545, 316.550, 316.70 FS. History–New 1-8-86, Amended 2-25-87, 7-15-91, 9-12-96, 8-7-03, 10-9-05, Transferred to 15B-15.002.

Chapter 14-88 TOLL FACILITIES REVOLVING TRUST FUND

Fla. Admin. Code R. 14-88.001 Purpose

History

Rulemaking Authority 20.23, 334.044(2), 338.251(11) FS. Law Implemented 338.251 FS. History–New 1-8-86, Amended 9-22-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-88.002 Definitions

History

Rulemaking Authority 20.23, 334.044(2), 338.251(11) FS. Law Implemented 338.251 FS. History–New 1-8-86, Amended 9-22-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-88.003 Toll Facilities Revolving Trust fund Application Requirements

History

Rulemaking Authority 338.251 FS. Law Implemented 334.30, 343.82, 348.0004, 338.251 FS. History–New 1-8-86, Amended 9-22-92, 11-19-07, Repealed 2-24-13.

Fla. Admin. Code R. 14-88.0041 Submission and Award

History

Rulemaking Authority 20.23, 334.044(2), 338.251(11) FS. Law Implemented 338.251 FS. History–New 9-22-92, Repealed 11-19-07.

Fla. Admin. Code R. 14-88.005 Administration of Trust Funds and Applicant Projects

History

Rulemaking Authority 20.23, 334.044(2), 338.251(11) FS. Law Implemented 338.251 FS. History–New 1-8-86, Amended 9-22-92, Repealed 11-19-07.

Chapter 14-90 EQUIPMENT AND OPERATIONAL SAFETY STANDARDS FOR BUS TRANSIT SYSTEMS

Fla. Admin. Code R. 14-90.001 Scope

History

Rulemaking Authority 334.044(2), 341.061(2)(a) FS. Law Implemented 344.044(12), (21), 341.041(3), 341.061(2) FS. History–New 9-7-87, Amended 11-10-92, 8-2-94, Repealed 8-7-05.

Fla. Admin. Code R. 14-90.002 Definitions

Terms used in this rule chapter shall mean as defined in Section 341.031, F.S., in addition:

(1) “Bus” means any motor vehicle, other than a taxicab, which is designed or constructed for the public transport of persons for compensation and is owned, operated, leased, or controlled by a bus transit system. Buses are designated in two categories:

(a) Type I means over 22 feet in length, including bumpers.

(b) Type II means 22 feet or less in length, including bumpers and paratransit type vehicles, such as minibuses, standard vans, modified vans, station wagons, and sedans.

(2) “Bus Transit System” means a community transportation coordinator; a public transit provider; or a private contract transit provider which owns, operates, leases, or controls buses or taxicabs where such transportation consists of continuous or recurring transportation under the same contract; or a privately owned or operated transit provider that receives operational or capital funding from the Department and owns, operates, leases, or controls buses, other than nonpublic sector buses that provides transportation services available for use by the general riding public.

(3) “Community Transportation Coordinator” means a provider of transportation services or an entity that ensures such services are provided by another bus transit system.

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

(5) “Drive” or “Operate” means all time spent at the controls of a bus in operation.

(6) “Driver” means any person trained and designated to drive a bus on a street or highway being used for the public transport of persons for compensation.

(7) “FMVSS” means the Federal Motor Vehicle Safety Standards in effect at the time the bus or component is manufactured.

(8) “For Compensation” means for money, property, or anything else of value whether paid, received, or realized, directly or indirectly.

(9) “Manufacturer” means the original producer of the chassis, the producer of any type of bus, or the producer of equipment installed on any bus for the purpose of transporting individuals with disabilities.

(10) “Off-Duty” means any time the driver is not on duty, required to be in readiness to work, or under any responsibility to perform work. Such time shall not be counted towards the maximum allowed on-duty hours within a 24-hour period.

(11) “On Duty” means the status of the driver from the time he or she begins work, or is required to be in readiness to work, until the time the driver is relieved from work and all responsibility for performing work. “On Duty” includes all time spent by the driver as follows:

(a) Waiting to be dispatched at bus transit system terminals, facilities, or other private or public property, unless the driver has been completely relieved from duty by the bus transit system.

(b) Inspecting, servicing, or conditioning any vehicle.

(d) Remaining in readiness to operate a vehicle (stand-by).

(e) Repairing, obtaining assistance, or remaining in attendance in or about a disabled vehicle.

(12) “Passenger” means a person who is on board, boarding, or alighting from a bus for the purposes of public transport.

(13) “Paratransit” means those elements of public transit which provide service between specific origins and destinations selected by the individual user with such service being provided at a time that is agreed upon by the user and the provider of the service. Paratransit service is provided by taxis, limousines, “dial-a-ride” buses, and other demand-responsive operations that are characterized by their nonscheduled, non-fixed route nature.

(14) “Safe Condition” means a condition where hazards are reduced to the lowest level feasible and substantial compliance exists with all safety rules, regulations, and requirements.

(15) “Safety Review” means an on-site assessment to determine if a bus transit system has adequate safety management controls in place and functioning in accordance with the safety standards provided and incorporated by reference in this rule chapter.

(16) “Security” means freedom from harm resulting from intentional acts against passengers, employees, equipment, and facilities.

(17) “Security Program Plan” or “SPP” means a document developed and adopted by the bus transit system detailing its policies, objectives, responsibilities, and procedures for the protection and defense of the system and persons from intentional acts of harm.

(18) “Security Review” means an on-site assessment to determine if a bus transit system has security management controls in place and functioning in accordance with the security requirements provided in this rule chapter.

(19) “System Safety Program Plan” or “SSPP” means a document developed and adopted by the bus transit system detailing its policies, objectives, responsibilities, and procedures against injuries or damage.

(20) “Taxicab” means any motor vehicle of nine passenger capacity or less, including the driver, engaged in the general transportation of persons for compensation, not on a regular schedule, between fixed termini, or over regular routes, where such vehicle does not provide transportation services as a result of a contractual agreement with a bus transit system.

(21) “Trailer Bus” means a trailing or towed vehicle designed or used for the transportation of more than 10 persons, e.g., tram buses.

(22) “Twenty-four Hour Period” or “24-Hour Period” means the consecutive time beginning at 12:00.01 a.m. to 12:00.00 a.m.

(23) “Unsafe Condition” means anything which endangers human life or property.

(24) “Personal wireless communications device” means an electronic or electrical device that was not provided by the bus transit system for business purposes.

(25) “Use of a wireless communications device” means use of a mobile telephone or other electronic or electrical device, hands-on or hands-free, to conduct an oral communication; to place or receive a telephone call; to send or read electronic mail or a text message; to play a game; to navigate the Internet; to play, view, or listen to a video; to play, view, or listen to a television broadcast; to play or listen to music; or to execute a computational function. Use of an electronic or electrical device that enhances the individual’s physical ability to perform, such as a hearing aid, is not included in this definition.

(26) “Wireless communications device” means an electronic or electrical device capable of remote communication. Examples include cell phones, personal digital assistants (PDAs) and portable computers (commonly called laptop computers).

History

Rulemaking Authority 334.044(2), 341.061(2), 341.041(3), 341.031 FS. Law Implemented 341.041(3), 341.061(2) FS. History–New 9-7-87, Amended 11-10-92, 8-7-05, 9-16-10.

Fla. Admin. Code R. 14-90.003 Department Responsibilities and Authority

History

Rulemaking Authority 334.044(2), 341.061(2)(a) FS. Law Implemented 341.041(3), 341.061(2) FS. History–New 9-7-87, Amended 11-10-92, Repealed 8-7-05.

Fla. Admin. Code R. 14-90.004 Bus Transit System Operational Standards

(1) Each bus transit system shall develop and adopt an SSPP that complies with or exceeds the established safety standards set forth in this rule chapter.

(a) The SSPP shall address the following safety elements and requirements:

Safety policies and responsibilities.
Vehicle and equipment standards and procurement criteria.
Operational standards and procedures.
Bus driver and employee selection.
Driving requirements.
Bus driver and employee training. As part of the driver training program, specific procedures, and training shall be implemented to instruct the driver on how to safely approach and depart from a transit bus stop to avoid contact with pedestians and other hazards.
Vehicle maintenance.
Investigations of events described under subsection 14-90.004(5), F.A.C.
Hazard identification and resolution.
Equipment for transporting wheelchairs.
Safety data acquisition and analysis.
A wireless communication plan and procedure that provides for the safe operation of the bus transit vehicle. The wireless communication plan and procedure shall assure that:

a. The use of a personal wireless communication device is prohibited while the transit vehicle is in motion, and

b. All personal wireless communications devices are turned off with any earpieces removed from the operator’s ear while occupying the driver’s seat.

A policy on the use of a wireless communications device issued to the operator by the bus transit system for business related purposes. Policies developed shall assure that:

a. Guidelines are developed that allow for the use of a wireless communications device in emergency situations, and

b. The use of a wireless communications device does not interfere with the operator’s safety related duties.

The Bus Transit System shall develop a driver educational training program addressing:

a. The proper use of a wireless communications device issued to the operator by the Bus Transit System while in the performance of their safety related duties, and

b. The hazards associated with driving and utilizing a wireless communications device.

Safety standards for private contract bus transit system(s) that provide(s) continuous or recurring transportation services for compensation as a result of a contractual agreement with the bus transit system.

(b) Each bus transit system shall implement and comply with the SSPP during the operation of the system.

(c) Each bus transit system shall require that all operable transit buses be inspected at least once per year in accordance with established standards.

(d) Each bus transit system shall submit an annual safety certification to the Department verifying the following:

Adoption of an SSPP, which meets or exceeds the established standards set forth in this rule chapter.
Compliance with its adopted SSPP and that safety inspections have been performed at least once a year on all buses operated by the bus transit system, by persons meeting the requirements set forth in Rule 14-90.009, F.A.C.

(e) Bus transit systems shall immediately suspend affected system service operations if, at any time, continued operation of the system, or a portion thereof, poses an immediate danger to public safety.

(2) Each bus transit system shall develop and adopt an SPP that meets or exceeds the security requirements set forth in this rule chapter. The SPP shall be adopted separately from the SSPP.

(a) The SPP shall address the following security requirements:

Security policies, goals, and objectives.
Organization, roles, and responsibilities.
Emergency management processes and procedures for mitigation, preparedness, response, and recovery.
Procedures for investigation of events described under subsection 14-90.004(5), F.A.C.
Procedures for the establishment of interfaces with emergency response organizations.
Procedures for interagency coordination with local law enforcement jurisdictions.
Employee security and threat awareness training programs.
Security data acquisition and analysis.
Emergency preparedness drills and exercises.
Requirements for private contract transit providers that engage in continuous or recurring transportation services for compensation as a result of a contractual agreement with the bus transit system.
Procedures for SPP maintenance and distribution.

(b) Each bus transit system shall implement and comply with the SPP during the operation of the system.

Establish minimum security requirements which apply to private contract transit providers.
Monitor and assure that each private contract transit provider complies with established security requirements during the term of the contract.

(d) Bus transit systems are prohibited by Section 119.071(3)(a), F.S., from publicly disclosing the SPP or the security portion of the SSPP, as applicable, under any circumstance.

(3) Bus transit systems shall establish criteria and procedures for the selection, qualification, and training of all drivers. The criteria shall include the following:

(a) Driver qualifications and background checks meeting minimum hiring standards.

(b) Driving and criminal background checks for all new drivers.

(d) Training and testing to demonstrate and ensure adequate skills and capabilities to safely operate each type of bus or bus combination before driving on a street or highway unsupervised. As a minimum requirement, drivers shall be given explicit instructional and procedural training and testing in the following areas:

Bus transit system safety and operational policies and procedures.
Operational bus and equipment inspections.
Bus equipment familiarization.
Basic operations and maneuvering.
Boarding and alighting passengers.
Operation of wheelchair lifts and other special equipment.
Defensive driving.
Passenger assistance and securement.
Handling of emergencies and security threats.
Security and threat awareness.
Driving conditions.

(e) Bus transit systems shall provide written operational and safety procedures to all bus drivers before driving on streets or highways unsupervised. At a minimum, these procedures and instructions shall address the following:

Communication and handling of unsafe conditions, security threats, and emergencies.
Familiarization and operation of safety and emergency equipment, wheelchair lift equipment, and restraining devices.
Application and compliance with all applicable federal and state laws, rules, and regulations.

(f) The provisions in paragraphs (d) and (e), above, shall not apply to personnel licensed and authorized by the bus transit system to drive, move, or road test a bus in order to perform repairs or maintenance services when it has been determined that such temporary operation does not create unsafe operating conditions or create a hazard to public safety.

(g) Bus transit systems shall maintain the following records for at least four years:

Records of bus driver background checks and qualifications.
Detailed descriptions of training administered and completed by each bus driver.
A record of each bus driver’s duty status which shall include total days worked, on-duty hours, driving hours, and time of reporting on and off duty each day.

(h) Each bus transit system shall establish a drug-free workplace policy statement in accordance with 49 C.F.R. Part 32 and a substance abuse management and testing program in accordance with 49 C.F.R. Parts 40 and 655, October 1, 2009, hereby incorporated by reference.

(i) Bus transit systems shall require that drivers write and submit a daily bus inspection report pursuant to Rule 14-90.006, F.A.C.

(4) Bus transit systems shall establish a maintenance plan and procedures for preventative and routine maintenance for all buses operated. The maintenance plan and procedures shall assure that:

(a) All buses operated, and all parts and accessories on such buses, including those specified in Rule 14-90.007, F.A.C., and any additional parts and accessories which may affect safety of operation, including frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems, are regularly and systematically inspected, maintained, and lubricated to standards that meet or exceed the bus manufacturer’s recommendations and requirements.

(b) A recording and tracking system is established for the types of inspections, maintenance, and lubrication intervals documenting the date or mileage when these services are due. Required maintenance inspections shall be more comprehensive than daily inspections performed by the driver.

(c) Proper preventive maintenance is performed when a bus is assigned away from the system’s regular maintenance facility or when maintenance services are performed under contract.

(d) Records are maintained and provide written documentation of preventive maintenance, regular maintenance, inspections, lubrication, and repairs performed for each bus under their control. Such records shall be maintained by the bus transit system for at least four years and, at a minimum, provide the following information:

Identification of the bus, the make, model, and license number, or other means of positive identification and ownership.
Date, mileage, description, and each type of inspection, maintenance, lubrication, or repair performed.
If not owned by the bus transit system, the name of any person furnishing a bus.
The name and address of any entity or contractor performing an inspection, maintenance, lubrication, or repair.

(5) Each bus transit system shall investigate, or cause to be investigated, any event involving a bus or taking place on bus transit system controlled property resulting in a fatality, injury, or property damage as follows:

(a) A fatality, where an individual is confirmed dead within 30 days of a bus transit system related event, excluding suicides and deaths from illnesses.

(b) Injuries requiring immediate medical attention away from the scene for two or more individuals.

(c) Property damage to bus transit system buses, non-bus transit system vehicles, other bus system property or facilities, or any other property. The bus transit system shall have the discretion to investigate events resulting in property damage less than $1,000.

(d) Evacuation of a bus due to a life safety event where there is imminent danger to passengers on the bus, excluding evacuations due to operational issues.

(6) Each investigation shall be documented in a final report that includes a description of investigation activities, identified causal factors, and any identified corrective action plan.

(a) Each corrective action plan shall identify the action to be taken by the bus transit system and the schedule for its implementation.

(b) The bus transit system shall monitor and track the implementation of each corrective action plan.

(7) Investigation reports, corrective action plans, and related supporting documentation shall be maintained by the bus transit system for a minimum of four years from the date of completion of the investigation.

History

Rulemaking Authority 334.044(2), 341.061(2) FS. Law Implemented 119.071, 341.041(3), 341.061(1)(b), 341.061(2)(a) FS. History–New 9-7-87, Amended 11-10-92, 8-7-05, 6-24-08, 9-16-10.

Fla. Admin. Code R. 14-90.0041 Medical Examinations for Bus Transit System Drivers

(1) Bus transit systems shall establish medical examination requirements for all applicants to driver positions and for existing drivers. The medical examination requirements shall include a pre-employment examination for applicants, an examination at least once every two years for existing drivers, and a return to duty examination for any driver prior to returning to duty after having been off duty for 30 or more days due to an illness, medical condition, or injury.

(2) Medical examinations shall be performed and recorded according to qualification standards adopted by the bus transit system, provided the medical examination qualification standards adopted by the bus transit system meet or exceed those provided in Department Form Number 725-030-11, Medical Examination Report for Bus Transit System Driver, Rev. 05/09, hereby incorporated by reference. Copies of Form Number 725-030-11 are available from the Florida Department of Transportation, Public Transit Office, 605 Suwannee Street, Mail Station 26, Tallahassee, Florida 32399-0450 or on-line at www.dot.state.fl.us/transit.

(3) Medical examinations shall be performed by a Doctor of Medicine or Osteopathy, Physician Assistant, or Advanced Registered Nurse Practitioner licensed or certified by the State of Florida. If medical examinations are performed by a Physician Assistant or Advanced Registered Nurse Practitioner, they must be performed under the supervision or review of a Doctor of Medicine or Osteopathy.

(a) An ophthalmologist or optometrist licensed by the State of Florida may perform as much of the medical examination as pertains to visual acuity, field of vision, and color recognition.

(b) Upon completion of the medical examination, the medical examiner shall complete, sign, and date the medical examination form and maintain the original at his or her office.

(c) Upon completion of the medical examination, the examiner shall complete, sign, and date the medical examination certificate and provide a copy to the driver’s employer. If the transit agency decides to adopt qualification standards other than those listed in Department form 725-030-11, the adopted standard’s medical examination certificate or a signed letter from the medical examiner attesting to the completion of a medical examination shall be given to the transit agency in lieu of the Department’s medical examination certificate. The adopted standards medical certification or letter must provide all of the information required on the Department’s medical examination certificate.

(d) Upon completion of the medical examination the driver shall provide their driver license number, signature, and date on the medical examination certificate.

(4) Bus transit systems shall have on file a completed and signed medical examination certificate or a signed letter from the medical examiner attesting to the completion of a medical examination for each bus driver, dated within the past 24 months.

(a) Medical examination certificates or a signed letter from the medical examiner attesting to the completion of a medical examination of the employee bus drivers shall be maintained by the bus transit system for a minimum of four years from the date of the examination.

(b) Bus Transit Systems shall not allow a driver to operate a transit bus without having on file a completed medical examination certificate or a signed letter from the medical examiner attesting to the completion of a medical examination dated within the past 24 months.

History

Rulemaking Authority 334.044(2), 341.061(2) FS. Law Implemented 334.044(12), 341.041(3), 341.061(1)(a), (b), (2) FS. History–New 11-10-92, Amended 8-7-05, 6-24-08, 9-16-10.

Fla. Admin. Code R. 14-90.005 Transit Bus Accidents

History

Rulemaking Authority 334.044(2), 341.061(2)(a) FS. Law Implemented 341.041(3), 341.061(2) FS. History–New 9-7-87, Amended 11-10-92, Repealed 8-7-05.

Fla. Admin. Code R. 14-90.006 Operational and Driving Requirements

(1) Bus transit systems shall not permit a driver to drive a bus when such driver’s license has been suspended, cancelled, or revoked. Bus transit systems shall require a driver who receives a notice that his or her license to operate a motor vehicle has been suspended, cancelled, or revoked to notify his or her employer of the contents of the notice immediately, no later than the end of the business day following the day he or she received the notice.

(2) Buses shall be operated at all times in compliance with applicable traffic regulations, ordinances, and laws of the jurisdiction in which they are being operated.

(3) A driver shall not be permitted or required to drive more than 12 hours in a 24-hour period, or drive after having been on duty for 16 hours in a 24-hour period. A driver shall not be permitted to drive until the requirement of a minimum eight consecutive hours of off-duty time has been fulfilled. A driver’s work period shall begin from the time he or she first reports for duty to his or her employer. A driver is permitted to exceed his or her regulated hours in order to reach a regularly established relief or dispatch point, provided the additional driving time does not exceed one hour.

(4) To ensure uniform interpretation of subsections 14-90.002(10), (11), (22) and 14-90.006(3), F.A.C., the following practical applications are provided:

(a) A driver is required to drive from 4 a.m. – 8 a.m., off-duty from 8 a.m. – 3 p.m., then required to drive from 3 p.m. – 11 p.m. Driving hours and on-duty hours are the same. 4 hours + 8 hours = 12 hours driving. This driver has met the maximum allowed driving hours within a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive hours off-duty has been fulfilled. This driver cannot be permitted or allowed to drive before 7 a.m.

(b) A driver is required to drive from 4 a.m. – 8 a.m., off-duty from 8 a.m. – 11 a.m., then required to be on-duty, not driving, from 11 a.m. – 11 p.m. Driving hours = 4 hours and on-duty not driving hours = 12 hours for a total of 16 hours on-duty. This driver has met the maximum allowed on-duty hours within a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive hours off-duty has been fulfilled. This driver cannot be permitted or allowed to drive before 7 a.m.

(c) A driver is required to be on-duty, not driving, from 4 a.m. – 8 a.m., off-duty from 8 a.m. – 11 a.m., then on-duty, not driving from 11 a.m. – 11 p.m. On-duty not driving hours = 4 hours + 12 hours for a total of 16 hours on-duty. This driver has met the maximum allowed on-duty hours within a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive hours off-duty has been fulfilled. The driver cannot be permitted or allowed to drive before 7 a.m.

(d) A driver is required to be on-duty, not driving, from 4 a.m. – 8 a.m., then off-duty from 8 a.m. – 11 a.m., then on-duty, driving from 11 a.m. – 11 p.m. On-duty, not driving hours = 4 hours and on-duty driving hours = 12 hours for a total of 16 hours on-duty. This driver has met the maximum allowed driving and on-duty hours within a 24-hour period and cannot be permitted or required to drive until a minimum eight consecutive hours off-duty has been fulfilled. This driver cannot be permitted or allowed to drive before 7 a.m.

(5) A driver shall not be permitted or required to be on duty more than 72 hours in any period of seven consecutive days; however, any 24 consecutive hours of off duty time shall constitute the end of any such period of seven consecutive days. A driver who has reached the maximum 72 hours of on duty time during the seven consecutive days shall be required to have a minimum of 24 consecutive hours off duty prior to returning to on duty status.

(6) A driver is permitted to drive for more than the regulated hours for the safety and protection of the public when conditions such as adverse weather, disaster, security threat, a road or traffic condition, medical emergency, or an accident occur.

(7) Bus transit systems shall not permit or require any driver to drive a bus when his or her ability is impaired, or likely to be impaired, by fatigue, illness, or other causes, likely to create an unsafe condition.

(8) Bus transit systems shall require pre-operational or daily inspection and reporting of all defects and deficiencies likely to affect safe operation or cause mechanical malfunctions.

(a) An inspection or test shall be made of the following parts and devices to ascertain that they are in safe condition and in good working order:

Service brakes.
Parking brakes.
Tires and wheels.
Steering.
Horn.
Lighting devices.
Windshield wipers.
Rear vision mirrors.
Passenger doors.
Exhaust system.
Equipment for transporting wheelchairs.
Safety, security, and emergency equipment.

(b) Bus transit systems shall review daily inspection reports and document corrective actions taken as a result of any deficiencies identified by daily inspections.

(c) Bus transit systems shall retain records of daily bus inspections and any corrective action documentation a minimum of two weeks.

(9) A bus with any passenger door in the open position shall not be operated with passengers aboard. The doors shall not be opened until the bus is stopped. A bus with any inoperable passenger door shall not be operated with passengers aboard, except to move a bus to a safe location.

(10) During darkness, interior lighting and lighting in stepwells on buses shall be sufficient for passengers to enter and exit safely.

(11) Passengers shall not be permitted in the stepwells of any bus while the bus is in motion, or to occupy an area forward of the standee line.

(12) Passengers shall not be permitted to stand on buses not designed and constructed for that purpose.

(13) Buses shall not be refueled in a closed building. The fueling of buses when passengers are being carried shall be reduced to the minimum number of times necessary during such transportation.

(14) Bus transit systems shall require the driver to be properly secured to the driver’s seat with a restraining belt at all times while the bus is in motion.

(15) Buses shall not be left unattended with passengers aboard for longer than 15 minutes. The parking or holding brake device shall be properly set at any time the bus is left unattended.

(16) Buses shall not be left unattended in an unsafe condition with passengers aboard at any time.

History

Rulemaking Authority 334.044(2), 341.041(3), 341.061(2)(a) FS. Law Implemented 341.061(2) FS. History–New 9-7-87, Amended 5-31-89, 11-10-92, 8-7-05, 6-24-08, 9-16-10.

Fla. Admin. Code R. 14-90.007 Vehicle Equipment Standards and Procurement Criteria

(1) Every bus transit system shall ensure that buses procured and operated meet the following minimum standards:

(a) The capability and strength to carry the maximum allowed load and not exceed the manufacturer’s gross vehicle weight rating (GVWR), gross axle weighting, or tire rating.

(b) Structural integrity that mitigates or minimizes the adverse effects of collisions.

(c) Federal Motor Vehicle Safety Standards (FMVSS), 49 C.F.R. Part 571, Sections 102, 103, 104, 105, 108, 207, 209, 210, 217, 302, 403 and 404, Rev. 10/09, hereby incorporated by reference.

(2) Proof of strength and structural integrity tests on new buses procured shall be submitted by manufacturers or bus transit systems to the Department.

(3) In addition to the above, every bus operated in this state shall be equipped as follows:

(a) Mirrors. There shall be two exterior rear vision mirrors, one at each side. The mirrors shall be firmly attached to the outside of the bus and located as to reflect to the driver a view of the highway to the rear along both sides of the vehicle. Each exterior rear vision mirror, on Type I buses, shall have a minimum reflective surface of 50 square inches. Neither the mirror nor the mounting shall protrude farther than the widest part of the vehicle body except to the extent necessary to produce a field of view meeting or exceeding the requirements of this section. All Type I buses shall, in addition to the above requirements, be equipped with an inside rear vision mirror capable of giving the driver a clear view of seated and standing passengers. Buses having a passenger exit door that is located inconveniently for the driver’s visual control shall be equipped with additional interior mirrors to enable the driver to view the passenger exit door. In lieu of interior mirrors, trailer buses and articulated buses may be equipped with closed circuit video systems or adult monitors in voice control with the driver.

(b) Wiring and Batteries. Electrical wiring shall be maintained so as not to come in contact with moving parts, heated surfaces, or be subject to chafing or abrasion which may cause insulation to become worn. Every Type I bus manufactured on or after February 7, 1988, shall be equipped with a storage battery electrical power main disconnect switch. The disconnect switch shall be practicably located in an accessible location adjacent to or near to the battery and be legibly and permanently marked for identification. Every storage battery on a public-sector bus shall be mounted with proper retainment devices in a compartment which provides adequate ventilation and drainage.

(c) Brake Interlock Systems. All Type I buses having a rear exit door shall be equipped with a rear exit door/brake interlock that automatically applies the brake upon driver activation of the rear exit door to the open position. Brake interlock application shall remain activated until deactivated by the driver and the rear exit door returns to the closed position. The rear exit door brake interlock on such buses shall be equipped with an identified override switch enabling emergency release of the brake interlock function. The override switch shall not be located within reach of the seated driver. Air pressure application to the brake during brake interlock operation, on buses equipped with rear exit door/brake interlock, shall be regulated at the equipment’s original manufacturer’s specifications.

(4) Standee Line and Warning. Every bus designed and constructed to allow standees shall be plainly marked with a line of contrasting color at least two inches wide, or be equipped with some other means to indicate that all passengers are prohibited from occupying a space forward of a perpendicular plane drawn through the rear of the driver’s seat and perpendicular to the longitudinal axis of the bus. A sign shall be posted at or near the front of the bus stating that it is a violation for a bus to be operated with passengers occupying an area forward of the line.

(5) Handrails and Stanchions. Every bus designed and constructed to allow standees shall be equipped with overhead handrails for standee passengers. Overhead handrails shall be continuous, except for a gap at the rear exit door, and terminate into vertical stanchions or turn up into a ceiling fastener. Every Type I and Type II bus designed for carrying more than 16 passengers shall be equipped with handrails, stanchions, or bars at least 10 inches long and installed to permit safe on-board circulation, seating and standing assistance, and boarding and alighting by elderly and handicapped persons. Type I buses shall be equipped with a safety bar and panel directly behind each entry and exit stepwell.

(6) Flooring, Steps, and Thresholds. Flooring, steps, and thresholds on all buses shall have slip resistant surfaces without protruding or sharp edges, lips, or overhangs, in order to prevent tripping hazards. All step edges and thresholds shall have a band of color(s) running the full width of the step or edge which contrasts with the step tread and riser, either light-on-dark or dark-on-light.

(7) Doors. Power activated doors on all buses shall be equipped with a manual device designed to release door closing pressure.

(8) Emergency Exits. All buses shall have an emergency exit door, or in lieu thereof, shall be provided with emergency escape push-out windows. Each emergency escape window shall be in the form of a parallelogram with dimensions of not less than 18" by 24", and each shall contain an area of not less than 432 square inches. There shall be a sufficient number of push-out or kick-out windows in each vehicle to provide a total escape area equivalent to 67 square inches per seat, including the driver’s seat. No less than 40% of the total escape area shall be on one side of the vehicle. Emergency escape kick-out or push-out windows and emergency exit doors shall be conspicuously marked with a sign or light and shall always be kept in good working order so that they may be readily opened in an emergency. All such windows and doors shall not be obstructed, either inside or outside, so as to hinder escape. Buses equipped with an auxiliary door for emergency exit shall be equipped with an audible alarm and light indicating to the driver when a door is ajar or opened while the engine is running. Supplemental security locks operable by a key are prohibited on emergency exit doors unless these security locks are equipped and connected with an ignition interlock system or an audio visual alarm located in the driver’s compartment. Any supplemental security lock system used on emergency exits shall be kept unlocked whenever a bus is in operation.

(9) Tires and Wheels. Tires shall be properly inflated in accordance with manufacturer’s recommendations.

(a) No bus shall be operated with a tread groove pattern depth:

Less than 4/32 (1/8) of an inch, measured at any point on a major tread groove for tires on the steering axle of all buses. The measurements shall not be made where tie bars, humps, or fillets are located.
Less than 2/32 (1/16) of an inch, measured at any point on a major tread groove for all other tires of all buses. The measurements shall not be made where tie bars, humps, or fillets are located.

(b) No bus shall be operated with recapped, regrooved, or retreaded tires on the steering axle.

(c) Wheels shall be visibly free from cracks and distortions and shall not have missing, cracked, or broken mounting lugs.

(10) Suspension. The suspension system of all buses, including springs, air bags, and all other suspension parts shall be free from cracks, leaks, or any other defect which may cause its impairment or failure to function properly.

(11) Steering and Front Axle. The steering system of all buses shall have no indication of leaks which would or may cause its impairment to function properly, and shall be free from cracks and excessive wear of components that may cause excessive free play or loose motion in the steering system or above normal effort in steering control.

(12) Seat Belts. Every bus shall be equipped with an adjustable driver’s restraining belt in compliance with the requirements of FMVSS 209, “Seat Belt Assemblies” 49 C.F.R. 571.209, Rev. 10/09, and FMVSS 210, “Seat Belt Assembly Anchorages” 49 C.F.R. 571.210, Rev. 10/09, hereby incorporated by reference.

(13) Safety Equipment. Every bus shall be equipped with one fully charged dry chemical or carbon dioxide fire extinguisher, having at least a 1A:BC rating, and bearing the label of Underwriter’s Laboratory, Inc. The fire extinguishers shall be maintained as follows:

(a) Each fire extinguisher shall be securely mounted on the bus in a conspicuous place or in a clearly marked compartment and be readily accessible.

(b) Each fire extinguisher shall be maintained in efficient operating condition and be equipped with some means of determining if it is fully charged.

(c) Every Type I bus shall be equipped with portable red reflector warning devices in compliance with Section 316.300, F.S.

(14) Persons with Disabilities. Buses used for the purpose of transporting individuals with disabilities shall meet the requirements set forth in 49 C.F.R. Part 38, Rev. 10/09 hereby incorporated by reference, as well as the following:

(a) Installation of a wheelchair lift or ramp shall not cause the manufacturer’s GVWR, gross axle weight rating, or tire rating to be exceeded.

(b) Except in locations within 3 1/2 inches of the bus floor, all readily accessible exposed edges or other hazardous protrusions of parts of wheelchair lift assemblies or ramps that are located in the passenger compartment shall be padded with energy absorbing material to mitigate injury in normal use and in case of a collision. This requirement shall also apply to parts of the bus associated with the operation of the lift or ramp.

(c) The controls for operating the lift shall be at a location where the bus driver or lift attendant has a full view, unobstructed by passengers, of the lift platform, its entrance and exit, and the wheelchair passenger, either directly or with partial assistance of mirrors. Lifts located entirely to the rear of the driver’s seat shall not be operable from the driver’s seat, but shall have an override control at the driver’s position that can be activated to prevent the lift from being operated by the other controls (except for emergency manual operation upon power failure).

(d) The installation of the wheelchair lift or ramp and its controls and the method of attachment in the bus body or chassis shall not diminish the structural integrity of the bus nor cause a hazardous imbalance of the bus. No part of the assembly, when installed and stowed, shall extend laterally beyond the normal side contour of the bus, nor vertically beyond the lowest part of the rim of the wheel closest to the lift.

(e) Each wheelchair lift or ramp assembly shall be legibly and permanently marked by the manufacturer or installer with the following information:

The manufacturer’s name and address.
The month and year of manufacture.
A certificate that the wheelchair lift or ramp securement devices, and their installation, conform to State of Florida requirements applicable to accessible buses.

(15) Wheelchairs. Wheelchair lifts, ramps, securement devices, and restraints shall be inspected and maintained as required by this rule chapter. Instructions for normal and emergency operation of the lift or ramp shall be carried or displayed in every bus.

History

Rulemaking Authority 334.044(2), 341.041(3), 341.061(2)(a) FS. Law Implemented 341.061(2)(a) FS. History–New 9-7-87, Amended 11-10-92, 8-2-94, 8-7-05, 6-24-08, 9-16-10.

Fla. Admin. Code R. 14-90.008 Standards for Accessible Buses

History

Rulemaking Authority 334.044(2), 341.061(2)(a) FS. Law Implemented 341.041(3), 341.061(2) FS. History–New 9-7-87, Amended 11-10-92, Repealed 8-7-05.

Fla. Admin. Code R. 14-90.009 Bus Safety Inspections

(1) Each bus transit system shall require that all buses operated by such bus transit system, and all buses operated by a private contract transit provider, be inspected at least annually in accordance with bus inspection procedures set forth in this rule.

(2) It shall be the bus transit system’s responsibility to ensure that each individual performing a bus safety inspection is qualified as follows:

(a) Understands the requirements set forth in this rule chapter and can identify defective components.

(b) Is knowledgeable of and has mastered the methods, procedures, tools, and equipment used when performing an inspection.

(c) Has at least one year of training and/or experience as a mechanic or inspector in a vehicle maintenance program, and has sufficient general knowledge of buses owned and operated by the bus transit system to recognize deficiencies or mechanical defects.

(3) Each bus receiving a safety inspection shall be checked for compliance with the requirements for safety devices and equipment, as referenced or specified herein. Specific operable equipment and devices as required by this rule chapter, include the following as applicable to Type I and II buses:

(a) Horn.

(b) Windshield wipers.

(d) Wiring and batteries.

(e) Service and parking brakes.

(f) Warning devices.

(g) Directional signals.

(h) Hazard warning signals.

(i) Lighting systems and signaling devices.

(j) Handrails and stanchions.

(k) Standee line and warning.

(l) Doors and brake interlock devices.

(m) Stepwells and flooring.

(n) Emergency exits

(o) Tires and wheels.

(p) Suspension system.

(q) Steering system.

(r) Exhaust system.

(s) Seat belts.

(t) Safety equipment.

(u) Equipment for transporting wheelchairs.

(v) Working speedometer.

(4) A safety inspection report shall be prepared by the individual(s) performing the inspection and shall include the following:

(a) Identification of the individual(s) performing the inspection.

(b) Identification of the bus transit system operating the bus.

(d) Identification of the bus inspected.

(e) Identification of the equipment and devices inspected including the identification of equipment and devices found deficient or defective.

(f) Identification of corrective action(s) for any deficient or defective items found and date(s) of completion of corrective action(s).

(5) Records of annual safety inspections and documentation of any required corrective actions shall be retained a minimum of four years by the bus transit system for compliance review.

History

Rulemaking Authority 334.044(2), 341.041(3), 341.061(2)(a) FS. Law Implemented 341.061(2) FS. History–New 9-7-87, Amended 11-10-92, 8-7-05, 9-16-10.

Fla. Admin. Code R. 14-90.010 Certification

(1) Each bus transit system shall annually submit a safety and security certification to the Department. The certification shall be submitted no later than February 15, for the prior calendar year period. The certification shall attest to the following:

(a) The adoption of an SSPP and an SPP in accordance with established standards set forth in this rule chapter.

(b) Compliance with its adopted SSPP and SPP.

(d) Reviews of the SSPP and SPP have been conducted to ensure they are up to date.

(2) The certification shall include:

(a) The name and address of the bus transit system, and the name and address of the entity(ies) who performed bus safety inspections and security assessments during the prior calendar year, if different from that of the bus transit system.

(b) A statement signed by an officer or person directly responsible for management of the bus transit system attesting to compliance with this rule chapter.

History

Rulemaking Authority 334.044(2), 341.041(3), 341.061(2) FS. Law Implemented 334.044(28), 341.061(1), 341.061(2) FS. History–New 9-7-87, Amended 8-7-05, 9-16-10.

Fla. Admin. Code R. 14-90.011 Inspection of Buses by Law Enforcement Officers

History

Rulemaking Authority 334.044(2), 341.061(2)(a) FS. Law Implemented 341.041(3), 341.061(2), 316.610 FS. History–New 9-7-87, Repealed 8-7-05.

Fla. Admin. Code R. 14-90.012 Safety and Security Inspections and Reviews

(1) The Department, or its contractor, shall conduct inspections of bus transit systems to ascertain compliance with the provisions of this rule chapter.

(2) The Department, or its contractor, shall conduct safety and security reviews of any bus transit system the Department believes to be in noncompliance with its SSPP or SPP, or providing passenger service operations in an unsafe manner, or if there is evidence of an immediate danger to public safety. The Department shall prepare and submit a report of the review to the affected bus transit system. The report shall be submitted to the bus transit system within three business days of completion of the review and shall contain the following:

(a) Identification of the findings, including a detailed description of any deficiency.

(b) Required corrective action and a schedule for implementation of the corrective action to be taken for each deficiency.

(c) Any required suspension of bus transit system service, should the Department determine the continued operation of the service, or a portion thereof, poses an immediate danger to public safety.

(3) The Department shall initiate the following actions to suspend the affected bus transit system service if any deficiency or unsafe condition exists, to the extent that the continued operation of the system, or a portion thereof, poses an immediate danger or threat to public safety.

(a) Immediately notify the affected bus transit system of the unsafe condition, followed by a certified letter describing the deficiency or unsafe condition. The notification shall include the following:

The required corrective action for the deficiency or unsafe condition.
The requirement for the bus transit system to certify, in writing to the Department, the completion of the required corrective action in accordance with an established implementation schedule.

(b) Conduct an on-site review of the bus transit system to verify the correction of the deficiency in accordance with this rule and the established implementation schedule.

(c) Suspend affected passenger service operations if the bus transit system fails to correct the deficiency in accordance with this rule and the established implementation schedule.

History

Rulemaking Authority 334.044(2), 341.041(3), 341.061(2)(a) FS. Law Implemented 334.044(28), 341.041(3), 341.061(1)(d), 341.061(2)(c) FS. History–New 11-10-92, Amended 8-7-05, 9-16-10.

Chapter 14-91 ADMINISTRATION OF COMBINED DESIGN AND CONSTRUCTION CONTRACTS (DESIGN-BUILD)

Fla. Admin. Code R. 14-91.001 Purpose

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.11(7) FS. History–New 3-13-88, Repealed 2-20-96.

Fla. Admin. Code R. 14-91.002 Definitions

For purposes of this rule chapter the following definitions apply:

(1) “Adjusted Score Design-Build” means the contract award is based on the lowest adjusted score which is determined by dividing the price proposal, with any adjustments for proposed contract time when identified in the request for proposal, by the sum of the letter of interest score and the technical proposal score.

(2) “Bid Proposal” means the documents required by the public advertisement to include: a letter of interest, a technical proposal, and/or a price proposal.

(3) “Design-Build Firm” means any company, partnership, corporation, association, joint venture, design-build joint venture, or other legal entity permitted by law to practice engineering, architecture and construction contracting as appropriate in the State of Florida.

(4) “Design-Build Project” means combining the design and construction phases into a single contract.

(5) “Factored Design-Build” means the contract award is based on the highest score received by comparing each proposer’s price proposal to the lowest price proposal received and each proposers score for Letter of Interest and Technical Proposal to the highest score for the Letter of Interest and Technical Proposal received by the Department. The sum of the scores for the Letter of Interest and the Technical Proposal from each proposer will be divided by the highest sum of the scores for Letter of Interest and Technical Proposal from any proposer multiplied by a factor ranging from 15% to 30% as described in the public advertisement, including any adjustments for proposed contract time when idenitifed in the request for proposal. The lowest price proposal received will be divided by each price proposal submitted by any proposer to determine a value which will be multipled by a factor ranging from 70% to 85% as described in the public advertisement, including any adjustments for proposed contract time when identified in the request for proposal. In no case will the factors applied to the sum of the Letter of Interest plus Technical Proposal and to the Price Proposal be greater than 100%.

(6) “Low Bid Design-Build” means the contract award is based on a responsive technical proposal with the lowest price proposal.

(7) “Non-complex project” means a Design-Build project in which plans have been substantially developed; are located in an unincorporated area or an incorporated area with a population of less than 200,000; do not involve complex Maintenance of Traffic schemes; and have limited options for innovation and specialized engineering. The procurement method for non-complex projects will be low bid or factored design-build.

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.11 FS. History–New 3-13-88, Amended 6-13-90, 2-20-96, 3-24-15.

Fla. Admin. Code R. 14-91.003 Design Criteria Package Requirements

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.11(7) FS. History–New 3-13-88, Repealed 2-20-96.

Fla. Admin. Code R. 14-91.004 Prequalification Requirements

(1) Design-Build Firms shall satisfy the technical qualification requirements as required by Rule Chapter 14-75, F.A.C., and all qualification requirements of Rule Chapter 14-22, F.A.C., based on the applicable category of the specific Design-Build Project prior to the closing date for submittal of the letters of interest on Adjusted Score Design-Build Projects and Factored Design-Build Projects and prior to receiving the request for proposal on Low Bid Design-Build Projects.

(2) Design-Build Joint Venture. A Design-Build Joint Venture is created when a qualified bidder, or group of qualified bidders, and another entity enter into an agreement prior to bidding on Design-Build projects. A joint venture formed under Rule 14-22.007, F.A.C., will qualify as a Design-Build Joint Venture for purposes of this chapter.

(a) The parties to the Design-Build Joint Venture shall submit Form 375-020-18, Rev. 09/13, Declaration of Joint Venture and Power of Attorney for Bidding on Specified Project(s), hereby incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-03121, and receive Department approval for bidding prior to the due date of the letter of interest on Adjusted Score Design-Build and Factored Design-Build projects or receiving the request for proposal on Low Bid Design-Build Projects.

(b) Design-Build Joint Venture Capacity. The parties to the Design-Build Joint Venture shall submit a statement in the name of the Design-Build Joint Venture signed by each party, indicating that 100% of the proposed contract work can be debited against the qualified bidder(s)’ current bid capacity as established in Rule 14-22.006, F.A.C. If more than one qualified bidder is a party to the Design-Build Joint Venture, the parties to the Design-Build Joint Venture must indicate the percentage of the proposed contract work to be debited against each qualified bidder’s current capacity. No party in the Design-Build Joint Venture may exceed its current capacity by virtue of the percentage of proposed contract work debited against its available capacity, as expressed in the signed statement and using the budget estimate as the comparison figure. The provisions of this section regarding the apportionment of the debit among the parties shall in no way divide the responsibility for the Design-Build Joint Venture bid or contract among the parties.

(c) Qualified parties who form a Design-Build Joint Venture under the provisions of this rule must have a Federal Employer Identification Number (FEIN) for the Design-Build Joint Venture or give proof that a FEIN has been requested. The Design-Build Joint Venture shall provide this number to the Department before the contract award can be made.

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.11(7) FS. History–New 3-13-88, Amended 2-20-96, 3-24-15.

Fla. Admin. Code R. 14-91.005 Public Announcement Procedures

The Department will use either the Adjusted Score, Factored, or Low Bid Design-Build process. The public advertisement for a Design-Build Project will specify which process will be used. Design-Build Projects will be advertised on the Department’s website at http://www.dot.state.fl.us., except when the Design-Build Project is necessitated by a declaration of emergency. The public advertisement will include a general description of the Design-Build Project and required submittals.

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.11(7) FS. History–New 3-13-88, Amended 2-20-96, 9-3-96, 10-18-00, 3-24-15.

Fla. Admin. Code R. 14-91.006 Certification and Competitive Selection

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.11(7) FS. History–New 3-13-88, Amended 6-13-90, Repealed 2-20-96.

Fla. Admin. Code R. 14-91.007 Selection and Award Process

(1) Letters of Interest Requirements. Design-Build Firms interested in submitting Bid Proposals on an Adjusted Score Design-Build or a Factored Design-Build Project must submit a letter of interest, including the following information:

(a) Design-Build Firm name and prequalifications.

(b) Past Performance Evaluations, Design-Build Project Experience, Organization and Staffing:

Contractor Grades.
Professional Consultant Grades.
Performance History with other States or Agencies, if none with the Department. If the contractor or professional consultant does not have a performance history working with the Department or if the performance history is no longer current (older than 5 years), the Design-Build Firm can submit evidence of past performance, including evaluations or grades and letters of reference, or recommendations. Contact information for the references must be provided for verification purposes. Past performance information is limited to three (3) “8 1/2 x 11” pages and is restricted to contractors or professional consultants without a current performance history with the Department.
Design-Build Project Experience of the Contractor and Professional Consultant.
Similar type of work experience.
Environmental Record.
Contractor Experience Modification Rating (Current Year).
Design-Build Firm organization.
Design-Build Firm staffing plan.
Design-Build Firm coordination plan.

Understanding of Design-Build Project requirements.
Identification of critical issues.
Outline for addressing critical issues.

(d) One (1) page resumes on “8 1/2 x 11” paper for each of the key staff positions as provided in the public advertisement.

(e) A one (1) page organizational chart on “11 x 17” paper.

(f) If the public advertisment includes Group 4 Bridge Design work, the Design-Build Firm shall submit a Bridge Design Qualification Form, Form 375-030-55, 2/14 incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-04766.

(g) A certification that the Design-Build Firm is free of conflicting professional or personal interests.

(h) Any other information required by the public advertisement.

(2) Short Listing Criteria and Procedures. On Adjusted Score Design-Build and Factored Design-Build Projects, Design-Build Firms will be evaluated based on the information provided in the letters of interest and in accordance with Rule Chapter 14-75, F.A.C. For this purpose, all references to “professional” or “consultant” in Rule Chapter 14-75, F.A.C., shall be deemed to be a reference to “Design-Build Firm” under this rule chapter. The public advertisement will state project specific short-listing criteria pursuant to one of the following methodologies:

(a) After completing evaluations of the letters of interest, the Department will notify the Design-Build Firms of the evaluation and its scoring. Design-Build Firms providing written affirmation of its intent to proceed to the technical proposal phase of the procurement within the time provided in the Department’s notification will be short-listed and be eligible to submit technical and price proposals.

(b) The Department will determine the short-list of Design-Build Firms.

(3) Scope of Services Requirements. The Department shall develop a request for proposal which furnishes sufficient information for Design-Build Firms to prepare technical and price proposals. The request for proposal will set forth the scope of services requirements, submittal requirements, and evaluation criteria. The request for proposal will be provided within the project advertisement for Low Bid Design-Build Projects and will be provided to all short-listed firms for Adjusted Score Design-Build and Factored Design-Build Projects.

(4) Bid Proposal Requirements. Bid proposals are required for all Design-Build Projects and shall consist of a sealed technical proposal and a seperately sealed price proposal. The technical and price proposals must be received by the Department by the deadline stated in the request for proposal. A technical proposal shall include all information requested in response to the request for proposals. A price proposal shall include one lump sum for all costs of the Design-Build Project as defined by the request for proposal requirements.

(5) Technical Review Committee. Proposal evaluators will be assigned to a Technical Review Committee with the responsibility to review and evaluate the letters of interest on Adjusted Score Design-Build Projects and Factored Design-Build Projects and technical proposals on all Design-Build Projects (Adjusted Score, Factored, and Low Bid) in accordance with the public advertisement and request for proposal. Proposal evaluators will be designated by the appropriate Director, or designee, based on the nature of the work requested and the complexity of the Design-Build Project. No employee of a Design-Build Firm pursuing a Design-Build Project under consideration will serve as a proposal evaluator.

(6) Project Selection Committee. The Department will establish a Project Selection Committee to review submissions on all Design-Build Projects. The Technical Review Committee’s evaluations will be submitted to the Project Selection Committee. The Project Selection Committee will review the Technical Review Committee’s evaluations during a publically held meeting. If the Project Selection Committee discovers a material error or omission in the evaluation(s) of one or more proposal evaluators that is not resolved through questioning of the proposal evaluators during the public meeting, the Project Selection Committee will return the submissions to the Technical Review Committee for further evaluation and potential corrections to the evaluations. Upon the Project Selection Committee’s determination that the Technical Review Committee has accurately evaluated all submitted letters of interests and proposals, the Project Selection Committee will award the Design-Build Project to the qualified bidder with the best overall score. The Project Selection Committee will not award the project and will reject all bids if it determines after reviewing all submissions that pursuing the Design-Build Project will not be in the best interest of the public.

(7) Proposal Submission Limitation. A prime contractor or lead professional consultant cannot team with others to submit more than one Bid proposal per Design-Build Project.

(8) Stipend Compensation. When included in the public advertisement, the Department will pay a lump sum stipend to eligible short-listed Design-Build Firms that were not selected for the Design-Build Project, but submitted responsive Bid Proposals. The stipend compensation amount and the conditions for stipend eligibility will be stated in the public advertisement. The Department reserves the right to use any of the concepts, ideas, technologies, techniques, methods, processes, and information contained within the Bid Proposals of any Design-Build Firm receiving stipend compensation for that Bid Proposal without any further compensation.

(a) To be eligible for stipend compensation, the short-listed Design-Build Firms that were not selected for the Design-Build Project, but submitted responsive Bid Proposals, must meet all eligibility requirements in the public advertisement and contract with the Department.

(b) The amount of the stipend compensation will be based upon the estimated proposal development costs and the degree of engineering design required during the procurement process. The actual stipend compensation will vary based on the nature of the work, complexity of the Design-Build Project, technical expertise required, and the value of the work product to the Department.

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.025, 337.11 FS. History–New 3-13-88, Amended 6-13-90, 2-20-96, 9-3-96, 10-18-00, 5-3-09, 2-17-10, 3-24-15.

Fla. Admin. Code R. 14-91.008 Final Selection for Design/Build Services

History

Rulemaking Authority 334.044(2), 337.11(7)(b) FS. Law Implemented 337.11(7) FS. History–New 3-13-88, Amended 6-13-90, Repealed 2-20-96.

Chapter 14-93 INCENTIVE/DISINCENTIVE PROCEDURE

Fla. Admin. Code R. 14-93.004 Incentive/Disincentive Provisions

(1) Purpose. This rule governs the use of incentive/disincentive provisions in contracts. Procedures pertaining to incentive/ disincentive provisions, including criteria for the selection of projects on which incentive payments and additional damages may be provided for by contract, are set forth in this rule.

(2) Background. Sections 337.18(4)(a) and (b), F.S., authorize the use of incentives/disincentive provisions in contracts where the Department determines and adequately documents that the project will provide a substantial benefit to the public health, safety, or welfare; will limit the disruptive effect of construction on the community; or is cost beneficial on a revenue producing project. Incentive/disincentive provisions in a contract compensate the contractor a predetermined amount of money for each day identified work is completed ahead of schedule and assess an equal deduction for each day the contractor is late in meeting the time specified.

(3) Procedure. All contracts containing incentive/disincentive provisions shall be approved by the District Secretary (District Projects) or the Secretary of Transportation (Central Office Projects), or designee, based upon a finding that the requirements of this rule have been met.

(a) Monetary and Time Limitations. The monetary and time requirements for incentive/disincentive provisions should be established based on the facts supporting each project. For revenue producing projects, the incentive amount per calendar day may be greater if an analysis indicates that additional revenues projected to be received upon completion of the project will exceed the cost of the incentive payments. To determine the project per day incentive/disincentive amount the Department will consider maintenance of traffic cost, road users’ cost, detour impacts to the public, and cost of construction engineering inspection and administration of the project. To determine the project maximum number of incentive/disincentive days the Department will consider the expected length of project time, compared to project time with possible use of extended shifts, for both work day and work week, and dedication of increased personnel and construction resources. Liquidated damages shall be separate from any calculation of disincentive amounts under this rule.

(b) Criteria for Project Selection. Projects determined to be capable of accelerated construction will be considered eligible for inclusion of an incentive/disincentive provision. Project documentation shall include factors supporting the necessity to encourage an accelerated, and discouraging delayed, completion of project or critical phases of work. Such factors will be economic and business impacts, disruption to the traveling public, community and residential impacts, and safety.

History

Specific Authority 334.044(2), 337.18(4)(b) FS. Law Implemented 337.18(4) FS. History–New 11-21-00, Amended 8-1-04.

Chapter 14-94 STATEWIDE MINIMUM LEVEL OF SERVICE STANDARDS

Fla. Admin. Code R. 14-94.001 Purpose

History

Rulemaking Authority 163.3180(10), 344.044(2) FS. Law Implemented 163.3180(10), 163.3184(4), 334.03, 334.044(10)(a), (12), (19), 339.155(2), 339.2819, 339.61-.64 FS. History–New 4-14-92, Amended 5-8-06, Repealed 11-13-12.

Fla. Admin. Code R. 14-94.002 Definitions

History

Rulemaking Authority 163.3180(10), 334.044(2) FS. Law Implemented 163.3180(10), 163.3184(4), 334.03, 334.044(10)(a), (12), (19), 339.155(2), 339.2819, 339.61-.64 FS. History–New 4-14-92, Amended 5-8-06, Repealed 11-13-12.

Fla. Admin. Code R. 14-94.003 Statewide Minimum Level of Service Standards

History

Rulemaking Authority 163.3180(10), 334.044(2) FS. Law Implemented 163.3180(10), 163.3184(4), 334.03, 334.044(10)(a), (12), (19), 339.155(2), 339.2819, 339.61-.64 FS. History–New 4-14-92, Amended 5-8-06, Repealed 11-13-12.

Chapter 14-96 STATE HIGHWAY SYSTEM CONNECTION PERMITS

Fla. Admin. Code R. 14-96.001 Purpose

History

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, Repealed 10-20-15.

Fla. Admin. Code R. 14-96.0011 Forms

The following forms shall be used in the connection application administrative process and are incorporated by reference in the rules specified below and made a part of the rules of the Department:

Form Name and Link to Online Form

Form Number

Date

Driveway/Connection Application for All Categories

http://www.flrules.org/Gateway/reference.asp?No=Ref-14632

850-040-15

Incorporated by reference in Rule 14-96.005, F.A.C.

08/22

Driveway Connection Permit for All Categories

http://www.flrules.org/Gateway/reference.asp?No=Ref-14635

850-040-18

Incorporated by reference in Rule 14-96.007, F.A.C.

08/22

Record Drawings Report by Permittee’s Professional Engineer

http://www.flrules.org/Gateway/reference.asp?No=Ref-14636

850-040-19

Incorporated by reference in Rule 14-96.008, F.A.C.

08/22

Secutiry Instrument Receipt

http://www.flrules.org/Gateway/reference.asp?No=Ref-14637

850-040-20

Incorporated by reference Rule 14-96.008, F.A.C.

08/22

State Highway Access Connection Completeness Review

http://www.flrules.org/Gateway/reference.asp?No=Ref-14638

850-040-21

Incorporated by reference in Rule 14-96.007, F.A.C.

08/22

Applicant Time Extension Form

http://www.flrules.org/Gateway/reference.asp?No=Ref-14639

850-040-22

Incorporated by reference in Rule 14-96.007, F.A.C.

08/22

Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit

http://www.flrules.org/Gateway/reference.asp?No=Ref-14640

850-040-23

Incorporated by reference in Rule 14-96.007, F.A.C.

08/22

Proposed State Highway Access Connection Notice of Intent to Issue Permit

http://www.flrules.org/Gateway/reference.asp?No=Ref-14641

850-040-24

Incorporated by reference in Rule 14-96.007, F.A.C.

08/22

Violation and Notice to Show Cause

http://wwwflrules.org/Gateway/reference.asp?No=Ref-14642

850-040-26

Incorporated by reference in Rule 14-96.007, F.A.C.

08/22

These forms are available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. Hardcopies of the forms are available upon request from the local area Maintenance Office, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), (28), 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, 12-28-03, 7-2-06, 4-2-23.

Fla. Admin. Code R. 14-96.002 Definitions

All terms in this rule chapter shall have the same meaning as those in Section 334.03, F.S. For the purposes of this rule chapter the following definitions of the terms shall apply unless the context clearly indicates otherwise:

(1) “Applicant” means the person submitting a Driveway/Connection Application for All Categories, Form 850-040-15, (08/22), as incorporated by reference in Rule 14-96.005, F.A.C.. An applicant may be a property owner or the owner’s authorized agent. The Department will also accept a driveway connection application by a person holding an unrecorded interest in the property, such as a lease, that includes the right of access to the property, upon written proof of authorization from the property owner to submit the application executed before a notary public.

(2) “Application” means a completed Driveway/Connection Application for All Categories, Form 850-040-15, 08/22, as incorporated by reference in Rule 14-96.005, F.A.C., the required application fee, and related property, site, driveway, roadway and traffic information required in this rule chapter.

(3) “Average Daily Traffic (ADT)” means the average number of vehicles passing a specific point on a connection or roadway on an average day.

(4) “Connection” means as defined in Section 335.182(3)(a), F.S.

(5) “Connection Category” means a Department assigned permit designation based on estimated vehicle trips per day to and from the property as set forth by Rule 14-96.004, F.A.C., or derived through generally accepted professional practice.

(6) “Connection Permit” means a written authorization issued by the Department allowing for the construction of a specifically designed connection and any specific conditions related to the subject connection to the State Highway System at a specific location generating an estimated volume of traffic.

(7) “Connection Relocation, Alteration, or Closure” (pursuant to Section 335.187, F.S.) means as follows:

(a) “Alteration” of a connection means Department action to substantially change the width of a connection or to change the availability of right turn exits or right turn entries. For purposes of this provision, two connections, one providing right turn entry and the other providing right turn exit, shall be considered one connection if they are within functional proximity of each other.

(b) “Closure” of a connection means a prohibition of the ability to enter and exit via the connection.

(c) “Relocation” of a connection means an action to substantially move a connection, or to move a connection to a service road connected to the state highway.

(8) “Controlled Access Facility” for the purpose of this rule chapter means a transportation facility to which access is regulated through the use of a permitting process by the Department and as defined in Section 334.03(7), F.S.

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

(10) “Development Approval or Order” means an official action by the governmental authority having jurisdiction to approve a development site plan or to authorize construction of any permanent improvements on the property.

(11) “Directional Median Opening” means an opening in a restrictive median designed to control certain and specific turning movements from the state highway.

(12) “Distance Between Connections” means the distance measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

(13) “Florida Intrastate Highway System” means the system of limited access and controlled access facilities, which are part of the State Highway System, and are developed and managed to have the capacity to provide for high speed and high volume traffic movements in an efficient and safe manner. Highways on the Florida Intrastate Highway System may only be included as part of this system as designated pursuant to Sections 334.03 and 338.01, F.S.

(14) “Full Median Opening” means an opening in a restrictive median designed to allow all safe turning movements.

(15) “Generally Accepted Professional Practice” for the purpose of this rule chapter means the use of Professional Engineering and planning knowledge in the applicable professional publications, such as traffic studies or traffic study guidelines done in accordance with the procedures of recognized traffic or transportation organizations and agencies such as the Transportation Research Board, Eno Foundation, Institute of Transportation Engineers, or design standards or principles of the American Association of State Highway and Transportation Officials (AASHTO), the Department, or the Federal Highway Administration (FHWA).

(16) “Governmental Entity” means as defined in Section 11.45, F.S., or an officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.

(17) “Joint Use Connection” means a connection that provides access to more than one property or development including those in different ownerships.

(18) “Limited Access Facility” means a street or highway established as such pursuant to Section 338.01, F.S., and meeting the definition of Section 334.03(12), F.S., including interchange areas and other facilities within the limited access right of way.

(19) “Median” means a Traffic Control Feature or Device which is the portion of a divided highway separating vehicular traffic traveling in opposite directions. See “Restrictive Median” and “Non-Restrictive Median” also defined.

(20) “Modification” of a connection means relocation, alteration, or closure of a connection.

(21) “Non-Restrictive Median” means a Traffic Control Feature or Device which is a median or painted centerline which does not provide a physical barrier between center traffic turning lanes or traffic lanes traveling in opposite directions. This includes highways with continuous center turn lanes and undivided highways. See “Restrictive Median” also defined.

(22) “Operational Characteristics of a Connection,” as specified in Section 335.184(3), F.S., means turning movements, turning radii, channelization, grade, and connection width.

(23) “Property Owner” means the person or persons holding the recorded title to property abutting the State Highway System, and other persons holding a recorded interest in such property that includes the right of access.

(24) “Public Road System” means the State Highway System, county roads, and city streets.

(25) “Reasonable Access” means the minimum number of connections, direct or indirect, necessary to provide safe and efficient ingress and egress to the State Highway System based on Sections 335.181 and 335.188, F.S., the Access Management Classification, projected connection and roadway traffic volumes, and the type and intensity of the land use.

(26) “Replacement” means reconstructing an existing connection without alteration or relocation of the connection.

(27) “Restrictive Median” means a Traffic Control Feature or Device which is the portion of a divided highway physically separating vehicular traffic traveling in opposite directions. Restrictive medians are physical barriers that restrict movement of traffic across the median such as a concrete barrier, a raised curb island guard rail, or a grassed or swaled median.

(28) “Right of Way” means land or interest therein, acquired for or devoted to transportation purposes and as definied in Section 334.03(21), F.S. More specifically, land in which the governmental entity owns the fee simple title, has an easement devoted to or acquired for use as a public road and appurtenant facilities, or has established ownership by means of a published map pursuant to Section 95.361, F.S.

(29) “Safety Upgrade Category” includes all modifications to existing connections initiated by the property owner, which improve the safety of the public road system(s) and the connection. This category is not applicable to connections involving significant change. Examples of this type of work are increase of turning radii, channelization, resurfacing, relocation to improve connection spacing, widening or narrowing of a connection to better meet Department standards, and connection closure.

(30) “Security Instrument” means a letter of credit or bond as described in Section 334.187, F.S.

(31) “Service Road” means a public roadway that is part of the State Roadway System, and provides access to parcels adjacent to a controlled access facility.

(32) “Significant Change” means as defined in Section 335.182(3)(b), F.S. If the Department determines that the increased traffic generated by the property does not require modifications to the existing permitted connections, a new permit application shall not be required.

(33) “State Highway System” means the network of limited access and controlled access highways that have been functionally classified as such, and which are under the jurisdiction of the State of Florida pursuant to Section 334.03(24), F.S, and as defined in Section 334.03(24), F.S.

(34) “Traffic Control Features and Devices” includes signs, markings, traffic signals, channelizing islands, medians, median openings, and turn-auxilary lanes, described in the Manual on Uniform Traffic Control Devices (MUTCD), (incorporated by reference in Rule 14-15.010, F.A.C.).

(35) “Traveled Way” means the portion of roadway for the movement of vehicles, not including shoulders and auxiliary lanes.

(36) “Trip” means a one way person movement using any mode (vehicle, pedestrian, transit, bicycle). For example, two customers visiting an establishment in the same car usually equals two vehicle trips (one in and one out) and four person tripes (two in and two out).

(37) “Trip Generation” means the number of trips, existing or projected, based on actual counts or the estimation methodology in the 11th Edition of the Institute of Transportation Engineers Trip Generation Manual as incorporated by reference in Rule 14-96.005, F.A.C., or other generally accepted professional practice.

(38) “Vehicle Trips Per Day (VTPD)” means the average number of vehicle trips generated on an average day by a specific site development. For the purpose of this rule chapter VTPD will not be adjusted for roadway diversion, which estimates what percent of land use trips were already existing on the road system and not new trips specially generated by the land use.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 335.18-.188 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03, 4-2-23.

Fla. Admin. Code R. 14-96.003 General Provisions

(1) Local Permits and Approvals. Connection permits authorize the initiation of construction of connections within Department right of way and the maintenance of connection(s) according to the permit provisions and adopted department standards. It is the responsibility of the applicant or permittee to obtain any other local permits or other agency approvals that may be required before the initiation of the connection construction. No person may construct, relocate, or alter a connection temporarily or permanently without first obtaining a connection permit from the Department, as provided in this rule chapter, regardless of governmental entity permits and approvals.

(2) Pre-Application. Prior to filing an application and prior to receipt of development or site plan approval, all applicants applying for a Category C, D, E, F, or G connection are required to request a pre-application meeting to review the site plan with the Department and other governmental entities, as appropriate, with respect to the proposed connection(s)’ location. This review will be performed by the Department without a fee.

(a) Purpose of Pre-Application Meeting. The purpose of the pre-application meeting is to establish the connection(s) category and the general location and design of connection(s) to the property. Traffic study requirements may also be determined during this meeting.

(b) Non-Binding Nature of the Pre-Application Meeting. The pre-application meeting is advisory only and the results of this meeting are not binding on the Department or the applicant. An application must be submitted and a connection permit must be issued before the applicant can initiate construction.

(3) Cost of Construction.

(a) The cost of all construction related to the permit shall be the responsibility of the applicant.

(b) Existing permitted connections affected by the Department’s construction activities and which require relocation, alteration, closure, or safety upgrade in order to meet Department standards shall be relocated, altered, closed, or upgraded for safety by the Department at no cost to the permittee.

(4) Traffic Control Features and Devices in the State Right of Way. Traffic Control Features and Devices in the right of way, such as traffic signals, channelizing islands, medians, median openings, and turn lanes are operational and safety characteristics of the State Highway System and are not means of access. The Department may install, remove, or modify any present or future traffic control feature or device in the right of way to promote traffic safety in the right of way or promote efficient traffic operations on the highway. A connection permit is only issued for connections and not for any present or future traffic control features or devices at or near the permitted connections. The permit may describe these features and/or devices, but such description does not create any type of interest in such features. An Intersection Control Evaluation (ICE) analysis is required when a single connection generates 4,001 ADT or more under E, F, or G standard connection categories, or when an Applicant proposes a connection permit with:

(a) Major reconstruction of an existing signalized intersection.

(b) A change to a full median opening from a directional or bi-direction median opening.

(d) The District Design Engineer (DDE) and District Traffic Operations Engineer (DTOE) consider an Ice a good fit for the project.

Information for the ICE analysis is avialable from the Department of Transportation’s One Stop Permitting internet site as https://osp.fdot.gov.

(5) Other Review Processes. The Department shall not be obligated to permit or approve any connection, traffic control feature or device, or any other site related improvement that has been specified in a development approval process separate from the official connection approval process described in this rule chapter. However, early coordination may minimize conflicts at application time.

(6) Alternative Access Plans. If the requirements of Rule Chapter 14-97, F.A.C., or other adopted Department access management standards, cannot be reasonably complied with, or if the standards can be met but the applicant desires to submit an alternative plan, the applicant may submit alternative access plans which will require approval or denial by the Department’s District Office Access Management Review Committee (AMRC). The acceptance of any alternative access plans shall be contingent upon maximum achievement of the purpose of Rule Chapter 14-97, F.A.C., and Sections 335.18-.188, F.S. For the Department to consider an alternative access plan proposed under this section, the Applicant shall provide documentation, in the form of a traffic study signed and sealed by a Professional Engineer licensed in the State of Florida describing how the plan serves the driving public and not just the applicant or its clients or customers. Prior to the approval or denial of any alternative plan, the Department will also consider the transportation conditions stated in Section 335.184(3)(a), F.S. See also, subparagraph 14-96.007(4)(a)2. and Rule 14-96.009, F.A.C.

(7) Limited Access Facilities. Owners of property abutting limited access facilities have no right of access to such facilities. Requests for any access (such as new interchanges) to limited access facilities will not be processed under this rule chapter.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.18-.188 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 4-2-23.

Fla. Admin. Code R. 14-96.0031 Conceptual Review

History

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.18-.187 FS. History–New 4-18-90, Repealed 7-16-95.

Fla. Admin. Code R. 14-96.004 Connection Categories and Fees

All connections, public or private, shall be determined by the Department to be in one of the following categories:

(1) Standard Connection Categories. The following table summarizes the standard connection categories and application fees:

DESCRIPTION/PROJECTED AVERAGE VEHICLE TRIPS PER DAY OF SITE

APPLICATION FEE

Category A – Uses to 20 VTPD

$ 50

Category B – Uses with 21 - 600 VTPD

$ 250

Category C – Uses with 601 - 1,200 VTPD

$1,000

Category D – Uses with 1,201 - 4,000 VTPD

$2,000

Category E – Uses with 4,001 - 10,000 VTPD

$3,000

Category F – Uses with 10,001 - 30,000 VTPD

$4,000

Category G – Uses with 30,001 + VTPD

$5,000

(2) Special Connection Categories.

(a) “Temporary Connection Category” provides a temporary, time limited connection to the State Highway System for a specific property, use, and estimated traffic volume. Such uses may include forest land clearing and temporary agricultural or construction uses. This category may not be used for permanent construction at a site where it is reasonably expected that the use is the ultimate use of the property. Further, a temporary connection permit does not bind the Department in any way to the future issuance of a permanent connection permit at the temporary connection location. The permittee shall remove, at the permittee’s own cost, the temporary connection at the end of the permit period or shall apply for an extension or a new permit. The fee for this category is $250 for a six month period. The period will be extended for increments of six months upon written request, payment of a new fee, and a showing of good cause, such as weather delays, natural disasters, governmental entity coordination delays, or other technical problems not within the control of the applicant. However, in no event shall the period extend beyond 24 consecutive months. The Department reserves the right to remove any temporary connection upon expiration of the permit.

(b) A “Government Entity Category” provides for a connection or connection modification for any new or substantially improved public road or connection to a governmental facility. The fee will be waived if the applicant is a governmental entity.

(c) “Safety Upgrade Category” will not require a fee when initiated by the property owner and approved by the Department to improve the safety of the public road system and an existing connection. Examples of this type of work are changes to turning radii, channelization, resurfacting, relocation to improve connection spacing, widening or narrowing of a connection to better meet Department standards, and connection closure. This category specifically does not include changes made as a result of significant change as defined in subsection 14-96.002(32), F.A.C.

(3) Phased Developments. New phases of an existing development requiring a new permit will have their fee based on the development in the individual phase.

(4) Fee Payment Type. Full payment of fees shall be made by check, cash, or money order, and shall be made payable to the State of Florida Department of Transportation for mailed or delivered applications and credit cards for electronic applications. If at any time during the application process payment is rejected or a check for the fee is returned for insufficient funds, the applicant will be notified that the application is not complete and no further processing will occur until payment is made. The application fee is non-refundable, as required by Section 335.183, F.S.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 1-25-04, 3-19-06, 4-2-23.

Fla. Admin. Code R. 14-96.005 Application

(1) Connection Permit Application and Information. The Driveway/Connection Application for All Categories, Form 850-040-15, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14632, effective 08/22. Form 850-040-15 and application information are available from Department of Transportation’s One-Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. A complete application shall consist of the Connection Permit Application, (with original signatures, the number of signatures to be determined by the District staff) application fee, site plans, drawings, traffic data, and connection and roadway information specified in this rule chapter.

(a) Prior to submitting an application for a Category C, D, E, F, or G connection, the Applicant is required to request a pre-application meeting with the Department to review the site plan, establish the connection category, and identify required documentation and traffic study requirements. Upon request, the Department will meet with the Applicant, on-site and/or in-office, to discuss the project, projected impacts to the State Highway System, and the suggested methodology for the analysis of traffic impacts. The pre-application meeting will be performed by the Department without a fee. The pre-application meeting is a courtesy and intended to be advisory only; the results of this meeting are not binding on the Department or the Applicant.

(b) The Department will request clarification or additional information required in this rule chapter during the application review process where the Applicant has failed to complete the application.

(c) Failure to provide the requested information within time limits specified within this rule chapter shall result in the review and decision being based on information provided.

(d) An application will not be accepted if the appropriate fee is not paid.

(e) The Applicant shall be allowed to submit any site specific information which the Applicant deems to be pertinent to the Department’s review of the connection application.

(2) Changes in Property Use.

(a) Where additional traffic is projected due to expansion or redevelopment, the property owner shall contact the Department to determine if a new permit application and modification of existing connections will be required. If the Department determines that the increased traffic generated by the property results in a significant change, a new application shall be required.

(b) Failure to contact the Department to determine the need for connection modifications or to submit a new application for such modifications prior to initiation of property improvements, land use changes, or traffic flow alteration actions which constitute significant change will result in notification to the property owner of the Department’s intent to revoke or modify the existing permit and closure of the connection to the property as specified in subsection 14-96.011(2), F.A.C.

(c) Vacant or Abandoned Sites. For purposes of determining the “existing use” of a property under the definition of significant change, the following criteria apply:

For connections under Sections 335.187(1) and (2), F.S., the use of the property on July 1, 1988, shall be considered the existing use, unless thereafter discontinued for a period of one year or more.
For connections under Section 335.187(4), F.S., the use of the property reflected in the permit shall be considered the existing use, unless thereafter discontinued for a period of one year or more.
The use of a property is considered discontinued when there has been a cessation of trips to the property, except for trips to maintain or market the property associated with that use. The use of the property will also be considered discontinued where the business located on the property has been out of service for a period of one year or more.
If the use of a business has been discontinued for the period of one year or more, any use proposed by an applicant shall constitute significant change.

(d) The Applicant is responsible for all costs associated with relocation, alteration, or closure of a connection if the need for relocation, alteration, or closure is caused by the actions of the Applicant.

(3) Information Required for All Applications. The following information is required of all applications for all connections categories:

(a) Identification of property owner and Applicant. The complete names and current mailing addresses and telephone numbers of property owner(s), the Applicant, and the authorized representative.

(b) Notarized letter of authorization. If the Applicant desires to have a representative sign, file, and handle the application, a notarized letter of authorization from the Applicant designating the authorized representative shall be provided with the application package.

(c) Responsible person. When the owner or applicant is a company, corporation, or other public agency, the name, address, and telephone number of the responsible officer shall be furnished with the application.

(d) Signatures. The names of all individuals signing the application and their titles shall be typed or printed with the signatures.

(e) Property use. The existing and planned property use shall be noted in sufficient detail to determine the appropriate connection category of the application.

(f) Location of all existing and proposed connections. This will include a site plan indicating any physical features (existing and proposed) that would have an impact on traffic circulation (both motorized and non-motorized where applicable) and sight distance on the public road system. Examples of such physical features are walls, fences, trees, mail boxes, gates, and utility poles. The site plan must indicate if the curvature or topography of the road prevents a clear line of sight in either direction of the proposed access.

(g) Where non-motorized users (bicyclists and pedestrians) are present, planned, or promoted, safe and convenient access for non-motorized users should be provided by the site. The bicycle/pedestrian access should connect the external bicycle and pedestrian network(s) (e.g., the sidewalk and/or bicycle facility along the site’s frontage) to the main entrance of the site’s building(s). Access should be safe and convenient with minimal conflicts with other modes and minimized travel distance with the most direct route.

(4) Additional Information Required for Category C, D, E, F, and G Applications. In addition to the information required on all applications, the following information is required on all Category C, D, E, F, and G application:

(a) Multimodal Trip generation data. The applicant will estimate the site’s Average Daily Traffice, ADT, consisting of the average number of vehicles, anticipated to use the connection(s) on an average day and peak hour or daily trip generation of pedestrians, bicyclists, transit, to identify impacts of the development generated traffic onto the existing multimodal network; and provide appropriate mitigation for safe and efficient movement of pedestrians, bicyclists, transit, and vehicles. trip generation. The peak hour(s) will be proposed at the time of application or conceptual review based on the most critical hour(s) for the proposed property use. This determination of the most critical peak hour(s) will be made considering both the peaking characteristics of the proposed site and the surrounding road system. Estimates shall be made in accordance with the 11th Edition Trip Generation Manual, published by the Institute of Transportation Engineers, and available for purchase at www.ite.org. The 11th Edition of the Trip Generation Manual is hereby incorporated by reference, effective date 08/22. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Floridia Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida, and at the Florida Department of State, Administrative Code and Register Section, Room 701, the Capitol, Tallahassee, Florida 32399. If the Department determines, that the trip generation data provided by the applicant are not accurate or not realistic, the Department will require further trip generation analysis signed, sealed and dated by a Professional Engineer licensed in the State of Florida.

(b) Site plan. A drawn to scale site plan or recent aerial photographs of sufficient scale and clarity may be used in conjunction with the following:

Any physical features (existing or proposed) such as buildings, other structures, or natural features which would have an impact on traffic circulation (both motorized and non-motorized where applicable) and sight distances on the public road system.
Traffic circulation plan, including non-motorized connections where applicable, and parking lay out.
Right of way and property lines (surveys are acceptable, but not required).
Any existing joint access or cross access connection features.
A plat map showing abutting parcels and ownership.

Road names and highway numbers for all abutting roads and highways.
The Department’s county section and milepost number (this identification is available at the Department).
Existing laneage for all roads abutting the development, including left and right turn storage and auxiliary lanes and medians.
Inventory and geometric characteristics of non-motorized facilities located adjacent to the proposed driveway connection(s), including sidewalks and bikeways.
Location of future roads (known to the applicant) and improvements to existing roads abutting or entering the property.
Neighboring connections and median openings. The location and type of connections (on both sides of the road), median openings, intersections, and traffic signals within the following distances from the site’s property lines:

a. If the posted speed limit is over 45 MPH then the distance of the features documented shall be 1,320 feet, or to the closest public street intersection, whichever is less.

b. If the posted speed limit is 45 MPH or less, the distance of the features documented shall be 660 feet, or to the closest public street intersection, whichever is less.

c. Recent aerial photographs of sufficient scale and clarity to depict the site and the immediate area may be used to provide this information.

(d) Connection location and design plans shall be signed, sealed, and dated by a Professional Engineer licensed in the State of Florida and will include:

Location of all proposed connections, connection profiles, as well as public road system connections, and those connections requiring auxiliary lanes, connection width, connection radii, connection angle. Proposed connections must include non-motorized connections where applicable.
Design and cross section (to the right of way line) of auxiliary lanes and pavement to serve the requested connection(s).
Location and type of traffic control devices proposed.
Proposed pavement marking and signing.
Location and type of drainage features existing and proposed within the right of way.
Median opening design and cross-section, for any new or modified median or median opening to be used by the property’s traffic.
Type of roadway materials to be used.
Location and type of existing utilities, or any other easements or encroachments.
Description of proposed turning movements.
Horizontal and vertical curvature of abutting roads where severe topography or sight distance concerns warrant.
Incorporation of geometric features to minimize the impacts of driveway connection/s to existing or proposed non-motorized facilities.

(e) A traffic control plan (TCP) for construction activity shall be in conformance with to the Federal Manual on Uniform Traffic Control Devices, incorporated by reference in Rule 14-15.010, F.A.C, and Generally Accepted Professional Practice. The Applicant must either cite to an unmodified Department Design Standard Plan Index TCP (contained within Design Standard Series 102, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15117, effective 08/22), or submit a TCP signed and sealed by a Professional Engineer licensed in the State of Florida. A copy of Design Standard Series 102 is available upon request from the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida 32399. The 2021 FDOT Design Manual, Chapter 215 (Roadside Safety), provides guidance to the Design Standard Series 102 and is incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15116, effective 08/22, and available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/roadway/fdm/2021/2021fdm215roadsidesafety.pdf?

(5) Traffic Study Requirements. For Category C, D, E, F, and G applications, or any application requesting or requiring a new traffic signal, new median opening, auxiliary lane, or modified median opening, the following traffic study data requirements apply. The specific detail and content of the traffic study will vary depending upon the existing and projected traffic volumes, highway capacity, levels of service, and safety concerns. Any traffic study (except a cursory analysis, such as an indication of peak hour movements from the applicant’s site) must be signed, dated, and sealed by a licensed Florida Professional Engineer. The traffic study must include:

(a) Critical peak hour vehicular turn movements from each proposed connection and abutting public road in graphic form.

(b) Bicycle and pedestrian trip generation for the critical peak hour.

(c) Vehicular and non-vehicular traffic operations analysis of the impacts of the development on the surrounding transportation system and consistent with the FDOT Transportation Site Impact Handbook, October 2019, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14944, effective 08/22, and available at https://www.fdot.gov/publications/publications.shtm.

(d) An appropriately sized study area and time horizon based upon the type and size of the development.

(6) Category C Exemptions. Category C applicants are exempt from some of the requirements listed above if the applicant can show that the information would have no significant bearing on the permitting decision process.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 334.044(28), 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03, 4-2-23.

Fla. Admin. Code R. 14-96.006 Fees and Performance Bond

History

Rulemaking Authority 334.044(2), 335.182(2), 335.183 FS. Law Implemented 335.183, 335.184 FS. History–New 4-18-90, Repealed 7-16-95.

Fla. Admin. Code R. 14-96.007 Application Submittal, Review, Approval, and Conditions

(1) Application Submittal. The application shall be submitted electronically at One Stop Permitting: https://osp.fdot.gov, or mailed/delivered to the Department’s District Permits Office or to the Department’s District Maintenance and Field Offices.

(2) Application Completeness Review. The Department shall notify the applicant within 30 days of submittal, using State Highway Access Connection Completeness Review, Form 850-040-21, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14638, effective 08/22, if additional information is needed, or if there are errors or omissions. Form 850-040-21 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. This notification will list those items needed to complete the application, consistent with the requirements of this rule chapter or additional information needed to evaluate the application. If such a request for additional information is given to an applicant within the 30-day period, the application will be deemed incomplete until the additional requested information is supplied to the Department. An application that requires a fee will not be accepted without the fee.

(a) Unless otherwise indicated in the notice of completeness review, applicants must provide such requested information within 60 days of the receipt of the Access Connection Completeness Review Form.

(b) If the additional information has not been received by the Department within the prescribed time from the date of notification, the application shall be processed based upon the information provided.

(c) If no additional information is requested during the prescribed 30-day Completeness Review Period, the application shall be deemed complete as of the date the Department received the application.

(3) Applicant Time Extension. If the applicant needs more time to provide additional information or correct deficiencies in the application than allowed under this rule chapter, then the applicant may request a waiver of the time requirements by stating the reasons in writing on an Applicant Time Extension Form, Form 850-040-22, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14639, effective 08/22. Form 850-040-22 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(4) Technical Planning and Engineering Sufficiency/Compliance Review. The applicant will be notified within 90 days of receipt of a complete application, receipt of all required information, or expiration of the time period for receipt of additional or corrected information. The notification will include the Department’s decision of approval or denial of the application.

(a) Notice of Intent to Issue Permit. The Department shall send the applicant a Proposed State Highway Access Connection Notice of Intent to Issue Permit, Form 850-040-24, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14641, effective 08/22, if either:

The Department determines that an application is consistent with Rule Chapters 14-96 and 14-97, F.A.C., and there is no need to exceed the minimum standards as stated in subsection 14-97.003(1), F.A.C.; or
The Department determines that an application is not consistent with Rule Chapters 14-96 and 14-97, F.A.C., but that denial of a connection would be denial of reasonable access and, in the Department’s sole discretion, the requested a connection would not jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway, consistent with Rule 14-96.007, F.A.C. Upon satisfactory completion of the conditions listed in the Notice of Intent to Issue Permit, only a non-conforming permit can be issued in accordance with Rule 14-96.009, F.A.C. Notice of Intent to Issue Permit, Form 850-040-24, is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(b) Direct Permitting. If an applicant provides an application that otherwise meets all the requirements of Rule Chapters 14-96 and 14-97, F.A.C., and the Department is not imposing any additional conditions, the Department will issue a permit in accordance with subsection (6) below.

(c) Notice of Intent to Deny. The Department shall send the applicant Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14640, effective 08/22, if the application is not consistent with currently adopted Department rules and design standards or additional site specific operations and safety concerns as stated in subsection 14-97.003(1), F.A.C., apply, and;

The Department determines that denial of a connection would not be a denial of reasonable access; or
The Department determines that denial of a connection would not jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway. Notice of Intent to Deny Permit, Form 850-040-23, is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(d) Additional Connections. When an applicant seeks a permit for additional or alternative connection(s) the previously permitted connections are presumed to provide reasonable access to the State Highway System unless the property owner shows:

That there has been a change in the use of the property from that reflected in the application(s) for the previously approved connection(s), which change has or will cause an increase in the trip generation (peak hour or daily) of the property exceeding 25 percent more than reflected in the prior application(s), and that such change in use and increase in trip generation was not reasonably foreseeable at the time the application(s) for the previously approved connection(s) was filed; or
That circumstances relating to traffic safety and efficiency, outside the control of the permittee, have arisen that were not reasonably foreseeable at the time of approval of the connections that prevent the connection(s) from providing reasonable access to the highway.

(e) Agreements made after Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, as incorporated by reference in paragraph (4)(c), is issued. If an agreement is made between an applicant and the Department which will allow the Department to approve a connection, this agreement will not be effective nor supersede the Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, as incorporated by reference in paragraph (4)(c), unless it is in writing, executed by the applicant and the Department, and appropriate revisions are reflected on signed and sealed construction plans before the time period allowed for a denial challenge has expired. The agreement will completely describe the mutually agreed access plan and include construction plans signed and sealed by a Professional Engineer licensed in the State of Florida.

(5) Conditions of the Notice of Intent to Issue Permit. The Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a), shall set forth all conditions not otherwise required by this rule chapter for issuance of a permit and maintenance of the connection(s). The notice will specify which of the conditions set forth in the notice must be met before issuance of a permit and those that must be met after the permit is issued.

(a) Not a Permit. The Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragarph (4)(a), does not authorize the initiation of connection construction within the Department right of way but acknowledges completion of the Department review and indicates the Department’s intent to issue a permit upon compliance with the conditions stated in the Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a).

(b) Time Period. A Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a), is valid for one year and may not be revoked during that period, provided that no material change has occurred in the proposed development or traffic characteristics on the abutting State Highway System. The Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a), may be extended, upon Department approval, upon a showing of good cause by the applicant (such as weather delays, natural disasters, governmental entity coordination delays, or other technical problems not within the control of the applicant). A Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a), may be assigned to a purchaser or new occupant within one year of issuance if there is no change in the land use or in the site plan and the Department is notified of the reassignment by the original applicant.

(c) Standard Conditions. The following standard conditions will apply to all Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a), before a connection permit can be issued:

Development approval from the appropriate governmental entity consistent with the Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a)
Assurance of performance pursuant to Section 334.187, F.S.
An indemnity agreement shall be executed by the applicant wherein it is agreed that the Department shall be indemnified, defended, and held harmless from any and all claims, demands, costs, or expense for loss, damage, or injury to persons or property of the other caused by, arising out of, or resulting from:

a. Any act or omission by the applicant or the applicant’s contractors, agents, servants, or employees in connection with any construction activities undertaken pursuant to the connection permit.

b. The negligence of the applicant or negligence of the applicant’s contractors, agents, servants, or employees.

c. Any other event or act that is the result of, or proximately caused by, the applicant or the applicant’s contractors, agents, servants, or employees in constructing or maintaining the connection or any other features.

Compliance with drainage requirements in Rule Chapter 14-86, F.A.C.
Special requirements added to promote safety and efficiency.
Liability Insurance for All Category C, D, E, F, and G Permits. Before construction is to begin, the applicant shall deliver to the Department proof of insurance verifying that the applicant or the applicant’s contractor has coverage under a liability insurance policy issued by an insurance company authorized to do business in the State of Florida naming itself as insured, and the Department as an additional named insured, which policy shall contain a contractual endorsement specifically covering the liabilities arising from the indemnity agreement.

a. The policy shall provide public liability insurance, including property damage, in the amount of $500,000 combined single limit for each occurrence.

b. The above required policy shall be endorsed with a provision requiring the insurance company to notify the Department 30 days prior to the effective date of cancellation or of any material change in the policy if the change occurs during the construction period.

c. The applicant shall pay all premiums and other charges due on said policy and keep said policy, or a materially identical replacement policy, in force to insure the entire period of construction of the connection.

Connection Median Changes and Traffic Signals. For all proposed driveway connection applications that either request or are required by the Department to install, modify, or remove a Traffic Control Feature that will have the effect of closing or modifying left turns to or from an owner of property abutting the State Highway System, the Applicant must provide the Department:

a. A list of the names and mailing addresses of all real property owners whose property lies in whole or in part within 300 feet of either side of the centerline of the proposed facility including all neighboring connections as described in subparagraph 14-96.005(4)(b)5., F.A.C., who have been provided a letter of notification. If the property is leased to a residential tenant with exclusive use of the parcel or to a commercial tenant(s), the list will also include the name and mailing address of the tenant(s).

b. A single copy of the letter of notification provided to the real property owners and listed tenants describing the proposed modification. The letter must include the name and address of the person to whom comments on the change can be sent and provide at least 30 days for receipt of the comments.

c. Proof of delivery of the notification letter to all previously listed persons by mail, email, or hand delivery.

d. A copy of all correspondence received in response to the letter and other correspondence related to the permit provided within 10 days of receipt by the Applicant.

(6) Issuance of Permit. A Driveway Connection Permit for All Categories, Form 850-040-18, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14635, effective 08/22, will be issued after the applicant provides satisfactory evidence of compliance with all conditions that must be met before issuance of a permit. A Driveway Connection Permit for All Categories, Form 850-040-18, is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. A permit shall be subject to all the conditions set forth in the Proposed State Highway Access Connection Notice of Intent to Issue Permit, Form 850-040-24, as incorporated by reference in paragraph (4)(a). A permit authorizes construction for one year from the date of issuance and expires if construction of the connection is not completed within that period.

(a) Failure to Comply. If the Department determines that the applicant has failed to comply with all conditions required prior to the issuance of a permit, it shall notify the applicant that the Department will not issue a permit and specify the conditions that have not been met. Notice of the Department’s intended action will be provided in accordance with Rule Chapter 28-106, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rule Chapter 28-106, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule Chapter 28-106, F.A.C.

(b) Permit Time Extension. The permit will be extended beyond the one year time limit (only with Department approval) for good cause, such as weather delays, natural disasters, governmental entity coordination delays, or other technical problems not within the control of the permittee.

(7) Concurrent Governmental Entity Review. Nothing contained herein shall preclude concurrent review of the permit application by the Department and governmental entities.

(8) Permit Conditions. Failure by the applicant to abide by the permit conditions that are applicable after permit issuance shall be just cause for the Department to order alteration of the connection, or to revoke the permit and close the connection at the expense of the applicant, subject to the provisions in this rule chapter, or for the Department to have the necessary modifications made and seek payment from the applicant. The permit requirements shall be binding on the applicant, the applicant’s successors, heir, and assigns, the permit application signatories, and all future owners and occupants of the property. The Department may require permits to be recorded in the public records with the legal description of the property when cross or joint access exists, when permit conditions requiring future performance by the permittee exist such as installation of traffic control features or devices, or when other conditions warrant recording.

(9) Government Owned Rail or Non-Highway Use Corridors. Corridors including separate pedestrian trails, bike trails, current or abandoned exclusive bus or transit corridors, current or abandoned rail corridors, or waterways, are not part of the State Highway System and are not subject to the provisions of the Access Management Act, Sections 335.18-.188, F.S. These corridors, that abut the state highway system, are considered intervening property and property on the other side of such a corridor will not be considered to be abutting the State Highway System. Action will be taken under Rule 14-96.011, F.A.C., to modify an existing connection across a corridor if it interferes with the safe or efficient operation of the corridor or State Highway System.

History

Rulemaking Authority 334.044(2), 334.187(4), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 334.187, 335.181-.1825, 335.184, 335.185 FS. History– New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, 12-28-03, 7-2-06, 4-2-23.

Fla. Admin. Code R. 14-96.008 Construction and Maintenance of Traffic Requirements

All construction and maintenance on Department right of way shall conform to the Federal Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C. All construction and maintenance on Department right of way shall also conform to the Department FY 2021-22 Standard Plans for Road and Bridge Construction, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14648, effective 08/22, and available at https://www.fdot.gov/design/standardplans/2022/default.shtm, July 2021 Standard Specifications for Road and Bridge Construction, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14649, effective 08/22, and available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/specbooks/july2021/7-21ebook.pdf?sfvrsn=9a1c9abf_8, 2021 FDOT Design Manual, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14650, effective 08/22, and available at https://www.fdot.gov/roadway/fdm/2021-FDM.shtm, or other generally accepted professional practices. With the exception of the MUTCD, which already is incorporated by reference under Rule 14-15.010, F.A.C., the manuals and standards specifically listed in this section are hereby incorporated by reference and made a part of the rules of the Department of Transportation.

(1) Disruption of Traffic. For safety and operational purposes, the Department may require or restrict hours of construction to minimize disruption of traffic on the State Highway System. When construction activity on a connection causes undue disruption of traffic or creates safety hazards on a state highway or facility, the District Secretary or designee shall advise the permittee of the need for immediate corrective action by a specified time, and may issue a stop work order if deemed necessary.

(2) Connection Completion Time Limit. Construction shall be completed within one year of the date of issuance of the permit. Failure to comply with the one year time limit shall result in an automatic expiration of the permit unless extended by the Department as described in Section 335.185(2), F.S. A stop work order may be issued by the Department if work exceeds the imposed time restricitions. For any permit which expires for failure to construct the connection within the one year limit, the applicant shall submit a new application, including the payment of the required application fee prior to the initiation or continuation of any construction.

(3) Assurance of Performance. Assurance of performance pursuant to Section 334.187, F.S., will be required if the permit requires extensive work within the right of way, such as auxiliary lanes, median modifications, relocation or modifications of structures, or traffic signals.

(a) Prior to the issuance of a permit, the applicant shall provide a security instrument in the estimated dollar amount of the improvements in the right of way. The Department shall be named as the beneficiary. The security instrument shall be provided to the Department before the permit is issued. The security instrument shall be valid for a sufficient time to cover the construction and inspection of the permitted work, but for not less than 18 months.

(b) The applicant shall provide the estimated cost of improvements on right of way in a document signed, sealed, and dated by a Professional Engineer licensed in the State of Florida.

(c) Security Instrument Receipt, Form 850-040-20, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14637, effective 08/22, must be used. Form 850-040-20 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(d) Such security instruments shall be required except when a performance bond covering the work on the right of way is included as part of the bond necessary for development approval by the local governmental entity and the Department is a named beneficiary.

(e) The Department will waive the security instrument requirement when there is an agreement with the local governmental entity to withhold the certificate of occupancy until problems are corrected and there is no indication that the requirements of this rule chapter will be violated.

(f) The Department shall require a security instrument for any connection or access feature, construction, or permit activity if the activity is in relation to:

An unpermitted connection that is going through the process of becoming permitted;
The correction of a safety hazard caused by activities on the property; or
Modification of an existing connection or traffic control feature or device as per Rule 14-96.011, F.A.C., for changed conditions on the property.

(g) The security instrument will be returned to the applicant when final inspection by the Department shows that the work has been completed as permitted.

(4) Posting of Permit. The approved connection permit shall be displayed adjacent to the connection construction site during the construction period.

(5) Traffic Signals, Signing, Pavement Markings, and Other Traffic Control Devices. Such devices, incorporated by reference in Rule 14-15.010, F.A.C., shall conform to the MUTCD, incorporated by reference in Rule 14-15.010, F.A.C., Department design and construction standards, and the requirements of subsection 14-96.003(3) and (4), F.A.C. The applicant is responsible for securing any additional permit or governmental entity approval needed for traffic signalization and regulatory signing and marking.

(6) Professional Engineer Statement of Construction for Extensive Roadway Construction or Large Developments. If the permit applicant requests a permit requiring work within the right of way, including but not limited to auxiliary lanes, median modifications, relocation of structures, or traffic signals, a statement from the project’s Professional Engineer will be necessary. The applicant will provide documentation by a Professional Engineer licensed in the State of Florida that construction was accomplished in accordance with the requirements set out in the permit. This documentation shall include a statement that necessary inspections, tests, and physical measurements have been made, that construction was accomplished in accordance with the design information included with the connection permit in accordance with Rule Chapter 14-96, F.A.C., and that all materials entering into the work conform to the specifications in the connection permit, conform to the applicable specifications contained in the Standard Specifications for Road and Bridge Construction, July 2021 edition as amended, or otherwise conform to or meet generally accepted professional practices. The Record Drawings Report by Permittee’s Professional Engineer, Form 850-040-19, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14636, effective 08/22, shall be used for this purpose. Form 850-040-19 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(7) Utility and Right of Way User Notification. The Permittee has the responsibility to determine and notify the users of the right of way of the permitted construction. The Permittee shall notify all utilities located within the permitted area in accordance with Chapter 556, F.S., before commencing construction. The Permittee shall also resolve any conflicts within the right of way. At its own cost and expense.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 334.187, 335.181-.1825, 335.185 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 4-2-23.

Fla. Admin. Code R. 14-96.009 Non-conforming Connection Permits

The Department may issue a permit for a connection not meeting Department location and spacing criteria standards in rule Chapter 14-97, F.A.C., if the Department determines that a conforming connection is not attainable at the time of the permit application submittal, that denial would leave the property without access to the public road system, and that the connection would not jeopardize the safety of the public or have a negative impact upon the operation of the highway. The Department also shall issue a connection permit requiring a legally enforceable cross-access connection when determined to be in the best interest of the State for restoring or maintaining the operational efficiency and safety of the State Highway System. Non-conforming connection permits shall specify conditions or limits including:

(1) The maximum vehicular type and volume of the connection.

(2) The construction of a conforming connection when future alternate means can be obtained with removal of the non-conforming connection.

(3) The properties to be served by the connection.

(4) When an adjoining property owner consents to cross access or joint access, the agreement between the parties will be recorded in the public records.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.181-.1825, 335.185, 335.187 FS. History–New 4-18-90, Amended 1-23-03, 4-2-23.

Fla. Admin. Code R. 14-96.010 Changes in Property Site Use

History

Rulemaking Authority 334.044(2), 335.182(2) FS. Law Implemented 335.1825, 335.183, 335.185, 335.187 FS. History–New 4-18-90, Repealed 7-16-95.

Fla. Admin. Code R. 14-96.011 Modification, Revocation or Closure of Connections

(1) Validity of Existing Permits. All connection permits issued by the Department after July 1, 1988, remain valid until modified or revoked pursuant to the criteria set forth in this rule chapter. The Department will initiate action to modify any permit or existing permitted connection if any of the following occurs:

(a) A significant change in the use, design, or traffic flow of the connection.

(b) The connection was not constructed at the location or in accordance with the design specified in the permit.

(d) Such revocation or modification is determined to be necessary because the connection poses a current or potential safety or operational problem on the State Highway System. This problem must be substantiated by an engineering study signed and sealed by a Professional Engineer licensed in the State of Florida. Such engineering study shall consider, the following:

Analysis of accidents or operational analysis directly involving the connection or similar connections, or a traffic conflicts analysis of the site.
Analysis of the impact modification of the connection will have on maintenance or safety on the public road system, including adjacent non-motorized facilities located within the roadway right-of-way.
Analysis of the impact modification of the connection will have on traffic patterns and circulation on the public road system, including adjacent non-motorized facilities located within the roadway right-of-way.
The principles of transportation engineering as determined by generally accepted professional practice.

(e) If the Department acts to revoke or modify a permit, the Department shall offer an opportunity to meet on site with the property owner or designated representative. The Department will take into consideration the following:

Documents, reports, or studies obtained by the property owner and provided to the Department.
Alternative solutions proposed by the property owner.

(2) Notification Process for Permitted Connections. Notice of the Department’s intended action will be provided in accordance with rule Chapter 28-106, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with rule Chapter 28-106, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with rule Chapter 28-106, F.A.C.

(a) If the reason for the modification is due to noncompliance, this notice will include the Violation and Notice to Show Cause, Form 850-040-26, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14642, effective 08/22. Form 850-040-26 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. The notification shall state that, unless the deficiencies are corrected, the permit shall be modified and the connection to the State Highway shall be modified by the Department at the expense of the property owner.

(b) If the reason for modification is due to significant change the notice will state the basis of the Department’s determination for modification of an existing connection. Where the Department’s action has become final and no timely application for a new connection permit has been filed, the Department will take immediate action to modify the connection in accordance with the notice.

(c) If the reason for revocation or modification is a safety or operational problem, the notice will state the basis of the Department’s determination and describe the changes necessary to reduce the hazard or correct the situation.

(3) Unpermitted Connections.

(a) “Grandfathered” Connections to the State Highway System. “Grandfathered” connections are those connections in existence prior to July 1, 1988, use of which have never been discontinued as described in subparagraph 14-96.005(2)(c)3., F.A.C., which shall not require the issuance of a permit and may continue to provide connection to the State Highway System unless modified or closed as provided in subsection (4) and are subject to the notification process in subsection (5).

(b) Unpermitted Connections are those in existence prior to July 1, 1988, and may continue to provide connection to the State Highway Systems unless modified or closed as provided in subsection (4), and are subject to the notification process in subsection (5).

(4) Modification or Closure of Unpermitted Connections.

(a) The Department will require that a permit be obtained in accordance with subsection 14-96.005(2), F.A.C., pursuant to the provisions of Section 335.187(1), F.S., if significant changes have occurred.

(b) The Department will modify or close an unpermitted connection if such modification or closure is determined to be necessary because the connection would jeopardize the safety of the public or have a negative impact on the operational characteristics of the state highway. The problem may be substantiated by an engineering study signed, sealed, and dated by a Professional Engineer licensed in the State of Florida. Such engineering study shall consider the following:

Analysis of accidents or operational analysis directly involving the connection or similar connections, or a traffic conflicts analysis of the site.
Analysis of the impact modification of the connection will have on maintenance or safety on the public road system, including adjacent non-motorized facilities located within the roadway right-of-way.
Analysis of the impact modification of the connection will have on traffic patterns and circulation on the public road system, including adjacent non-motorized facilities located within the roadway right-of-way.
The principles of transportation engineering as determined by generally accepted professional practice.

(c) If the Department acts to modify or close an unpermitted connection, the Department shall offer an opportunity to meet on site with the property owner or designated representative. The Department will take into consideration the following:

Documents, reports, or studies obtained by the property owner or designated representative and provided to the Department.
Alternative solutions proposed by the property owner.

(5) Notification Process for Unpermitted Connections. Notice of the Department’s intended action will be provided in accordance with rule Chapter 28-106, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with rule Chapter 28-106, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with rule Chapter 28-106, F.A.C.

(a) The Department shall give written notice to the property owner, with a copy to the occupant, for an unpermitted connection if significant changes have occurred or if the connection is found to cause a safety or operational problem (as specified in this rule chapter). The notice will identify the specific information regarding the safety or operational problem and request that the problem be corrected or that a written agreement on a schedule for the correction be approved by the Department within 30 days of receipt of the notice.

If the reason for the modification is due to significant change the notice will state the basis of the Department’s determination and require the filing of a permit application by a specified date. Where the Department’s requirement to file an application has become final and no timely application has been filed, the Department will take immediate action to modify or close the connection in accordance with the notice at the owner’s expense.
If the reason for the modification or closure is a safety or operational problem, the notice will state the basis of the Department’s determination and describe the changes necessary to reduce the hazard or correct the situation.

(b) If a timely request for an administrative proceeding is filed, or a permit application is filed within the 21 days, no further action shall occur until review of the application or the administrative proceeding is complete. If the connection is not modified or closed and no timely application or request for an administrative proceeding is filed, the Department will take immediate action to install barriers across or modify the connection at the property owner’s expense.

If a timely submitted application is approved, the Department may allow the existing connection to be used for a period of time specified or until the connection specified in the permit application is constructed and the existing connection is modified or closed. If necessary to ensure safety and highway integrity, modifications of unpermitted connections will be required by the Department as a requirement of permit approval, subject to the requirements of this rule chapter and Chapter 120, F.S. If the application is denied, the Department shall notify the property owner or lessee of the denial, with a copy to the occupant, and shall immediately close the unpermitted connection(s), subject to the provisions of this rule chapter and Chapter 120, F.S.
In lieu of filing an application, the property owner or lessee may challenge the requirement to file a permit application by filing in accordance with rule Chapter 28-106, F.A.C., a timely written request (within 21 days of receipt of notice) for an administrative proceeding stating the reasons why a permit is not required for the connection. In such a case, final action to modify the unpermitted connection shall be taken in accordance with the results of the administrative proceeding.

(6) Responsibility for Costs of Correcting Deficiencies. The property owner or its designated representative shall be responsible for the costs of modifications required pursuant to actions taken in accordance with the procedure in Rule 14-96.011, F.A.C.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.1825(3) FS. Law Implemented 334.044(14), 335.181, 335.182, 335.1825, 335.187 FS. History–New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, 7-2-06, 4-2-23.

Fla. Admin. Code R. 14-96.012 Closure and Modification of Unpermitted Connections (Including Those to Be Considered “Grandfathered”)

History

Rulemaking Authority 334.044(2), 335.182(2) FS. Law Implemented 334.044(14), 335.182, 335.1825, 335.185 FS. History–New 4-18-90, Amended 7-16-95, 6-24-99, Repealed 1-23-03.

Fla. Admin. Code R. 14-96.0121 Immediate Remedial Action Against Hazards

This rule chapter shall not restrict the Department’s right to take immediate remedial action, including the modification of a connection if there is an immediate and serious danger to the public health, safety, and welfare as determined in writing by the District Secretary or designee. Upon determination that there is a need for immediate remedial action against hazards, the District Secretary or designee shall issue an order in compliance with Section 120.60, F.S., and the Department shall provide the property owner and occupant with written notice of the Department’s immediate action to modify the connection and of the right to contest the decision pursuant to Rule Chapter 28-106, F.A.C.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.1825(3) FS. Law Implemented 120.60(8), 335.182 FS. History–New 7-16-95, Amended 1-23-03.

Fla. Admin. Code R. 14-96.013 Dual Permitting

History

Rulemaking Authority 334.044(2), 335.182(2) FS. Law Implemented 335.182(2) FS. History–New 4-18-90, Repealed 7-16-95.

Fla. Admin. Code R. 14-96.014 Delegation of Permit Authority

History

Rulemaking Authority 334.044(2), 335.182(2) FS. Law Implemented 335.182(2) FS. History–New 4-18-90, Repealed 7-16-95.

Fla. Admin. Code R. 14-96.015 Department Design and Construction Projects

When existing access connections are modified or closed by a Department project including those referenced in Section 335.199, F.S., access will be provided to abutting properties, subject to reasonable regulation as referred to in Section 335.181(1) and (2)(a), (b), F.S. To the maximum extent feasible, modified access will be consistent with adopted Department connection standards.

(1) Corridors will be examined during the preliminary engineering and design phases to determine if existing connections, median openings, and signals spacing and design standards are in conformance, or can be brought into conformance, with adopted Department standards. Traffic control features and devices as referenced in subsection 14-96.002(34), F.A.C, are not part of a connection.

(2) When a connection is modified as part of a Department construction project, and not due to a significant change, no additional permit shall be required.

(3) Where existing access connections are to be modified or closed as part of a Department contruction project, and the Department is not planning to acquire any portion of the property for the project, the Department will provide an opportunity to affected property owners, municipalities and counties to comment regarding potential impacts of proposed changes to existing connections, and provide notice to affected property owners of an opportunity for an administrative proceeding pursuant to Rule 14-96.0011, F.A.C., and Chapter 120, F.S. For purposes of paragraph 14-96.011(1)(d), F.A.C., construction plans for a Department project signed, sealed, and dated by a Professional Engineer licensed in the State of Florida shall substantiate a connection’s non-conformance with Department standards or potential safety or operational problem, and a separate engineering study shall not be required.

(4) A new permit will be required at a property owner’s expense to establish a new access connection or alter an existing access connection from the plans provided to the Department. The construction of new access connection points, if approved by the Department through the permit process in this rule chapter, shall be at the property owner’s expense.

(5) The Department will bear the cost of modification of existing permitted or programed access connections necessitated solely by Department construction projects.

(6) The Department shall require that work done by a property owner’s contractor be accomplished without interfering with the Department’s contractor.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.188 FS. Law Implemented 334.044(14), 335.182-.1825, 335.184, 335.187, 335.199 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 4-2-23.

Fla. Admin. Code R. 14-96.016 Maintenance of Connections and Traffic Control Devices

(1) Maintenance of Connections.

(a) Rural Section. Department maintenance shall extend to five feet from the edge of pavement (including auxiliary lanes) or to the limits of paved shoulders. The remainder of any paved or unpaved connection area on the right of way shall be maintained by the owner or the authorized agent.

(b) Urban (Curb and Gutter) Section. Department maintenance of pavement shall extend to the existing or maintained right of way line or to the back of sidewalk, whichever distance is less.

(c) Drainage. Control and maintenance of drainage facilities within the right of way shall be solely the responsibility of the Department, unless otherwise specified in the connection permit.

(2) Maintenance of Traffic Control Devices.

(a) The maintenance and operation of highway lighting, traffic signals, associated equipment, and other necessary devices shall be the responsibility of the governmental entity having maintenance jurisdiction of the equipment or devices. During the construction of connection(s), the permittee will be responsible for the operation, repair, replacement, or provision of temporary maintenance, if traffic control devices are impacted by the permittee’s operations.

(b) All pavement markings on the State Highways System, including acceleration and deceleration lane markings, and signing installed for the operation of the State Highway System shall be maintained by the Department.

(c) All signing and markings required for the operation of the connection (such as stop bars and stop signs for the connection) shall be the responsibility of the property owner and current user entity responsible for the connection, or governmental entity having jurisdiction over the connection, road, or intersection of the state highway regardless of the owner of the right of way as provided in Chapter 316, F.S.

History

Rulemaking Authority 334.044(2), 335.182(2), 335.184, 335.188(3) FS. Law Implemented 334.044(14), 335.182-.1825 FS. History–New 7-16-95, Amended 1-23-03.

Chapter 14-97 STATE HIGHWAY SYSTEM ACCESS CONTROL CLASSIFICATION SYSTEM AND ACCESS MANAGEMENT STANDARDS

Fla. Admin. Code R. 14-97.001 Purpose

This rule chapter sets forth an access control classification system and access management standards to implement the State Highway System Access Management Act of 1988. The implementation of the access control classification system and access management standards will protect the public health, safety and welfare, provide for the mobility of people and goods, and preserve the functional integrity of the State Highway System.

History

Rulemaking Authority 334.044(2), 335.182, 335.184, 335.188 FS. Law Implemented 334.044(10)(a), 335.182-.188 FS. History–New 2-13-91, Amended 10-7-09.

Fla. Admin. Code R. 14-97.002 Definitions

For the purposes of this rule chapter the following definitions shall apply unless the context clearly shows otherwise:

(1) “Area Type” means one of four specific land use categories reflecting certain land use and intensity characteristics used in specifying the interchange spacing standards for limited access facilities.

(2) “Central Business District (CBD) and CBD Fringe” means the areas contained within a boundary designated as CBD and CBD fringe area type in the adopted MPO Long Range Transportation Plan. For the purpose of this rule chapter this area is designated as Area Type I and only applies to Access Class.

(3) “Connection” means as defined in Section 335.182, F.S. For the purpose of this rule chapter, two one-way connections to a property may constitute a single connection.

(4) “Connection Spacing Standard” means the distance between connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

(5) “Controlled Access Facility” means as defined in Rule 14-96.002, F.A.C.

(6) “Corridor Access Management Plan” means a strategy defining site specific access management and traffic control features for a particular roadway segment, developed in coordination with the affected local government and adopted by the Department in cooperation with the affected local government(s).

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

(8) “Directional Median Opening” means as defined in Rule 14-96.002, F.A.C. Directional median openings for two opposing left or “U-turn” movements along one segment of road are considered one directional median opening.

(9) “Existing Urbanized Areas other than CBD and CBD Fringe” means the area between the CBD and CBD Fringe area boundary and the existing Urban Area Boundary for Urbanized Areas as reflected in the MPO Long Range Transportation Plan. For the purpose of this rule chapter, this area is designated as Area Type 2 and only applies to Access Class 1.

(10) “FHWA” means Federal Highway Administration.

(11) “Full Median Opening” means as defined in Rule 14-96.002, F.A.C.

(12) “Generally Accepted Professional Practice” means as defined in Rule 14-96.002, F.A.C.

(13) “Governmental Entities” means as set forth in Section 335.188, F.S.

(14) “Intersection” means an at-grade connection or crossing of a local road or state highway with a state highway.

(15) “Limited Access Facility” means as defined in Section 334.03, F.S.

(16) “Local Governmental Entity” means as defined in Section 334.03, F.S.

(17) “Median” means as defined in Rule 14-96.002, F.A.C.

(18) “Median Opening Spacing Standard” means the distance between openings in a restrictive median. The distance is measured from centerline to centerline of the openings along the traveled way.

(19) “Metropolitan Planning Organization (MPO)” means as described in Section 339.175, F.S.

(20) “Non-Restrictive Median” means as defined in Rule 14-96.002, F.A.C.

(21) “Reasonable Access” means as defined in Rule 14-96.002, F.A.C.

(22) “Restrictive Median” means as defined in Rule 14-96.002, F.A.C.

(23) “Rural Areas” means the area between the outer boundary of Area Type 3 and the next Area Type 3 outer boundary. For the purpose of this rule chapter, this area is designated as Area Type 4 and only applies to Access Class 1.

(24) “Service Road” means a public or private roadway providing access to parcels adjacent to a controlled access facility.

(25) “Signal Spacing Standard” means the spacing or distance between adjacent traffic signals on a controlled access facility measured from centerline to centerline of the signalized intersections along the traveled way.

(26) “Significant Change” means as defined in Section 335.182, F.S.

(27) “State Highway System (SHS)” means as defined in Section 334.03, F.S.

(28) “Transitioning Urbanized Area” means the area between the existing Urbanized Area Boundary and the future projected Urbanized Area Boundary anticipated within the next 20 years as established by the MPO and the Department. For the purpose of this rule chapter, this area is designated Area Type 3 and only applies to Access Class 1.

(29) “Traveled Way” means the portion of roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

(30) “Urban Area” means an area defined by the U.S. Census Bureau as having a population of at least 5,000 at specific urban densities.

(31) “Urbanized Area” means an area defined by the U.S. Census Bureau as having a population of at least 50,000 at specific urban densities.

History

Rulemaking Authority 334.044(2), 335.182, 335.184, 335.188 FS. Law Implemented 334.044(10)(a), 335.182, 335.188 FS. History–New 2-13-91, Amended 10-7-09.

Fla. Admin. Code R. 14-97.003 Access Control Classification System and Access Management Standards

(1) The following tables contain the access control classification and access management standards to be used in the planning, design, and permitting of connections, and the planning and design of medians, median openings, and signal spacing for roads on the SHS. The Department encourages the use of joint access driveways and service roads.

Table 1

Access Management Standards for Limited Access Facilities

Access Class

Segment Location

Applicable Interchange

Spacing Standard

Area Type 1 – CBD & CBD Fringe for Cities in Urbanized Areas

1 Mile

Area Type 2 – Existing Urbanized Areas Other Than Area Type 1

2 Miles

Area Type 3 – Transitioning Urbanized Areas and Urban Areas Other Than Area Type 1 OR 2

3 Miles

Area Type 4 – Rural Areas

6 Miles

Table 2

Access Management Standards for Controlled Access Facilities

Access

Class

Median

Median Opening

Spacing Standard (feet)

Signal

Spacing

Standard (feet)

Connection

Spacing Standard (feet)

Full

Directional

Posted Speed Greater than 45 MPH

Posted Speed of 45 MPH or less

Restrictive

2,640

1,320

2,640

1,320

660

Restrictive

2,640

1,320

2,640

660

440

Non-Restrictive

2,640

660

440

Restrictive

2,640

Posted Speed Greater than 45 MPH

1,320 Posted Speed of 45 MPH or less

660

2, 640 Posted Speed Greater than 45 MPH

1,320 Posted Speed of 45 MPH or less

440

245

Non-Restrictive

1,320

440

245

Both Median Types

660

330

1,320

125

The interim standards contained in subsection 14-97.004(1), F.A.C., shall be used for any unclassified segment of the SHS until replaced by an adopted access classification.

(2) Access Control Classification. The seven access classes are described as follows:

(a) Access Class 1 consists of limited access facilities, which roadways do not provide direct property connections. These roadways provide for high speed and high volume traffic movements serving interstate, interregional, and intercity, and, to a lesser degree, intracity, travel needs. Interstate highways and Florida’s Turnpike are typical of this class. The interchange spacing standards, based on the Area Type the highway is passing through, are for the through lanes or main line of the facility. New interchanges to Access Class 1 facilities shall be based on an engineering analysis of the operation and safety of the system. These interchanges can only be approved through the interchange justification process. Approval by the Department and FHWA is required before any new interchange is constructed.

(b) Access Classes 2 through 7 consist of controlled access facilities and are arranged from the most restrictive (Access Class 2) to the least restrictive (Access Class 7) class based on development. Generally the roadways serving areas without existing extensive development are classified in the upper portion of the range (Access Class 2, 3 and 4). Those roadways serving areas with existing moderate to extensive development are generally classified in the lower portion of the range (Access Class 5, 6 and 7). The access management standards for each access class are further determined by the posted speed limit.

Access Class 2 roadways are highly controlled access facilities distinguished by the ability to serve high speed and high volume traffic over long distances in a safe and efficient manner. This access class is further distinguished by a highly controlled limited number of connections, median openings, and infrequent traffic signals. Segments of the SHS having this classification usually have access restrictions supported by local ordinances and agreements with the Department, and are generally supported by existing or planned service roads.
Access Class 3 roadways are controlled access facilities where direct access to abutting land is controlled to maximize the operation of the through traffic movement. The land adjacent to these roadways is generally not extensively developed and/or the probability of significant land use change exists. These roadways are distinguished by existing or planned restrictive medians.
Access Class 4 roadways are controlled access facilities where direct access to abutting land is controlled to maximize the operation of the through traffic movement. The land adjacent to these roadways is generally not extensively developed and/or the probability of significant land use change exists. These roadways are distinguished by existing or planned non-restrictive median treatments.
Access Class 5 roadways are controlled access facilities where adjacent land has been extensively developed and where the probability of major land use change is not high. These roadways are distinguished by existing or planned restrictive medians.
Access Class 6 roadways are controlled access facilities where adjacent land has been extensively developed, and the probability of major land use change is not high. These roadways are distinguished by existing or planned non-restrictive medians or centerlines.
Access Class 7 roadways are controlled access facilities where adjacent land is generally developed to the maximum feasible intensity and roadway widening potential is limited. This classification shall be assigned only to roadway segments where there is little intent or opportunity to provide high speed travel. Exceptions to access management standards in this access class may be allowed if the landowner substantially reduces the number of connections compared to existing conditions. These roadways can have either restrictive or non-restrictive medians.

(3) Access Management Standards.

(a) Connection permit applications, submitted pursuant to Rule Chapter 14-96, F.A.C., shall be reviewed subject to the standards of this rule chapter.

(b) Existing lawful connections, median openings, and signals are not required to meet the access management standards. Existing access management features will generally be allowed to remain in place, but shall be brought into conformance with access management standards when significant change occurs or as changes to the roadway design allow.

(c) A property that cannot meet the access management standards for a connection, as set forth herein, is eligible to be permitted by the Department for a single connection pursuant to Rule Chapter 14-96, F.A.C., where there is no other reasonable access to the SHS and the connection will not create a safety or operational hazard.

(d) Greater distances between connections and median openings will be required by the Department where necessary to meet operational and safety requirements. In these instances, the Department shall make such determination based on generally accepted professional practice standards.

(e) Adjacent properties under common ownership shall be considered one parcel for purposes of this rule. Persons requesting connections for one or more adjacent properties under common ownership may, however, as a part of the Rule Chapter 14-96, F.A.C., permit process, request that the properties be considered individually for connection permitting purposes. Such requests shall be included as part of the permit application and shall provide specific analyses and justification of potential safety and operational hazards associated with the compatibility of the volume, type or characteristics of the traffic using the connection. A contract for sale, a long term lease, or similar document shall constitute separate ownership from the parent tract for the purpose of this rule chapter, if the sale would not result in common ownership. A connection permit issued based on a contract for sale will be conditioned on transfer of the property to the buyer.

(f) The speed criteria referred to in Table 2, Access Management Standards for Controlled Access Facilities, and in the Interim Access Management Standards in Table 3, means the posted speed limit at the proposed connection location.

(g) Corridor Access Management Plans may be adopted by the Department in coordination with local governmental entities. These plans shall be based on an analysis by the Department using generally accepted professional practice standards and will provide corridor specific access management and traffic control features. Before the adoption of such plans, the Department shall notify affected local governments and abutting property owners and shall hold a public meeting, if requested. After consideration of public input, the Department shall, in cooperation with the affected local government, finalize the plan.

(h) Interchange Areas. Connections and median openings on a controlled access facility located up to 1/4 mile from an interchange area or up to the first intersection with an arterial road, whichever distance is less, shall be more stringently regulated to protect safety and operational efficiency of the SHS, as set forth below:

The 1/4 mile distance shall be measured from the end of the taper of the ramp furthest from the interchange.
With the exception of Access Class 2 facilities with posted speed limits over 45 MPH, the distance from the interchange ramp(s) to the first connection shall be at least 660 feet where the posted speed limit is greater than 45 MPH, or at least 440 feet where the posted speed limit is 45 MPH or less. This distance will be measured from the end of the taper for that particular quadrant of the interchange on the controlled access facility. For Access Class 2 facilities with posted speed limits over 45 MPH, the distance to the first connection shall be at least 1,320 feet.
The standard distance to the first full median opening shall be at least 2,640 feet as measured from the end of the taper of the off ramp.
Greater distances between proposed connections and median openings will be required when the Department determines, based on generally accepted professional practice standards, that the engineering and traffic information provided in the Rule Chapter 14-96, F.A.C., permit application shows that the safety or operation of the interchange or the limited access highway would be adversely affected.

(i) Traffic signals, which are proposed at intervals closer than the access management standard for the designated access class, will only be approved where the need for such signal(s) is clearly demonstrated for the safety and operation of the roadway and approved through the signal warrant process.

History

Rulemaking Authority 334.044(2), 335.182, 335.184, 335.188 FS. Law Implemented 334.044(10)(a), 335.182, 335.188, 338.001 FS. History–New 2-13-91, Amended 10-7-09.

Fla. Admin. Code R. 14-97.004 Interim Access Management Standards

(1) Interim access management standards shall be applied to unclassified roadways on the SHS, such as when a local government transfers a roadway to the Department to become part of the SHS. After a roadway has been classified pursuant to this rule chapter, the access management standards associated with the designated access control classification shall supersede these interim standards.

Table 3

INTERIM ACCESS MANAGEMENT STANDARDS

Posted Speed

(MPH)

Connection

Spacing

Standard

(Feet)

Median Opening

Spacing Standard (Feet)

Full

Directional

35 or less

245

1,320

660

36 to 45

440

1,320

660

Over 45

660

1,320

(2) The assignment of an access control classification to all segments of the SHS shall be the responsibility of the Department. The Department shall provide notice by publication in a newspaper of general circulation of proposed access control classification and shall coordinate with and consider the comments of the affected governmental entities before assigning a final access control classification to a roadway segment. The Department will hold public meetings, if requested to seek comment before final access classification of a roadway segment. Upon assignment of access control classification, the Department will provide notice to affected governmental entities.

History

Rulemaking Authority 334.044(2), 335.182, 335.184, 335.188 FS. Law Implemented 334.044(10)(a), 335.188 FS. History–New 2-13-91, Amended 10-7-09.

Fla. Admin. Code R. 14-97.005 Review and Modification of Access Control Classification

(1) The Department will review access control classifications for specific segments of the SHS in consideration of the criteria listed in Section 335.188, F.S. Roadside development does not, in and of itself, necessarily constitute a reason to lower the access control classification. If reclassification of a roadway segment is necessary, the Department shall, prior to any change in classification, notify the affected governmental entities regarding the proposed reclassification and publish its intent to reclassify in a local newspaper of general circulation. The Department will hold a public meeting in the affected county, if requested, to seek comments on the proposed reclassification. The Department shall coordinate with, and will take into consideration, comments or concerns of the affected governmental entities and/or members of the public regarding the reclassification. The Department will notify the affected governmental entities of the final determination on the reclassification action(s).

(2) A written request may be made to the appropriate Department District Secretary that the Department review the access control classification of any specific segment(s) of the SHS. Such written request shall specify why the change of access control classification is sought, the desired access classification, and justification for the access classification change, based on the standards and criteria contained in Section 335.188, F.S., and in this rule chapter. The Department shall consider such requests, coordinating with the affected governmental entities and shall deny the request or publish notice of the Department’s intent to reclassify the roadway segment(s) in a local newspaper of general circulation. If requested, the Department will hold a public meeting.

History

Rulemaking Authority 334.044(2), 335.182, 335.184, 335.188 FS. Law Implemented 334.044(10)(a), 335.182, 335.188 FS. History–New 2-13-91, Amended 10-7-09.

Chapter 14-98 HIGHWAY TRAFFIC SAFETY PROGRAM

Fla. Admin. Code R. 14-98.001 Purpose

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(25) FS. History–New 12-30-84, Amended 6-10-85, Formerly 9B-32.01, 9B-32.001, 9G-15.001, Amended 12-7-93, 4-16-02, Repealed 4-5-15.

Fla. Admin. Code R. 14-98.002 Definitions

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(25) FS. History–New 12-30-84, Amended 6-10-85, Formerly 9B-32.02, 9B-32.002, Amended 11-19-89, Formerly 9G-15.002, Amended 12-7-93, 4-16-02, Repealed 4-5-15.

Fla. Admin. Code R. 14-98.003 Policy

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(25) FS. History–New 12-30-84, Formerly 9B-32.03, 9B-32.003, Amended 11-19-89, Formerly 9G-15.003, Amended 12-7-93, 4-16-02, 8-18-10, Repealed 4-5-15.

Fla. Admin. Code R. 14-98.004 Funds Availability

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(25) FS. History–New 12-30-84, Formerly 9B-32.04, 9B-32.004, 9G-15.004, Amended 12-7-93, 4-16-02, Repealed 4-5-15.

Fla. Admin. Code R. 14-98.005 Application and Award Procedures

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(25) FS. History–New 12-30-84, Amended 6-10-85, Formerly 9B-32.05, 9B-32.005, Amended 11-19-89, Formerly 9G-15.005, Amended 12-7-93, 11-29-94, 1-17-99, 4-16-02, 8-6-02, 11-2-03, 8-24-04, 1-17-06, 3-22-09, 8-18-10, Repealed 4-5-15.

Fla. Admin. Code R. 14-98.008 Forms

History

Rulemaking Authority 334.044(2), (25) FS. Law Implemented 334.044(25) FS. History–New 6-10-85, Formerly 9B-32.08, 9B-32.008, Amended 11-19-89, Formerly 9G-15.008, Amended 12-7-93, 6-14-94, 11-29-94, 4-16-02, 8-6-02, 11-2-03, 8-24-04, 1-17-06, Repealed 3-22-09.

Chapter 14-99 REST AREA INFORMATION (RESTINFO) PROGRAM

Fla. Admin. Code R. 14-99.001 RestInfo Program

History

Rulemaking Authority 334.044(2), 479.28 FS. Law Implemented 479.28 FS. History–New 12-30-02, Repealed by Section 75, Chapter 2012-174, Laws of Florida, 7-1-12.

Chapter 14-100 TOLL ENFORCEMENT

Fla. Admin. Code R. 14-100.001 Training and Qualification Standards for Toll Enforcement Officers

(1) Application and Scope. The purpose of this rule is to establish minimum training and qualification standards for toll enforcement officers. These standards shall be the minimum requirements necessary for eligibility to be a toll enforcement officer for the Department of Transportation (hereinafter Department). Toll enforcement officers are authorized to issue uniform traffic citations for failure to pay tolls on a toll facility owned or operated by a governmental entity, as defined in Section 334.03(11), F.S., and on a toll facility owned by a public or private entity for which the Department collects tolls pursuant to an agreement between the Department and the private or public entity authorized by Section 338.161(5), F.S. This rule should not be construed to preclude a governmental entity operating a toll facility from establishing more stringent requirements for its toll enforcement officers.

(2) Compliance. Compliance with the rule standards shall be the responsibility of the respective governmental entity which owns or operates the toll facility.

(3) Minimum Training. Toll enforcement officers shall successfully complete the following:

(a) A training course with the Department of Highway Safety and Motor Vehicles on the procedures for issuance of uniform traffic citations.

(b) A minimum of 40 hours of technical instruction on how to access, operate, and maintain the violation enforcement system. The components of the training shall include, at a minimum, equipment configuration and operation.

(4) Minimum Qualifications. The following minimum qualifications shall be applicable to toll enforcement officers:

(a) Toll enforcement officers shall, through their education and work experience, demonstrate to the satisfaction of the hiring governmental entity that they possess the following:

The ability to collect and evaluate data related to a violation enforcement system; and,
The ability to understand and apply applicable agency, evidentiary, and violation enforcement system rules, regulations, policies, and procedures.

(b) Toll enforcement officers shall have visual acuity correctable to 20/20.

(c) Toll enforcement officers shall be subject to a security background check as a condition of employment pursuant to Section 110.1127, F.S.

History

Rulemaking Authority 316.640(1), 334.044(2), 338.155, 338.161(5) FS. Law Implemented 316.1001, 316.640(1), 338.161(5), 338.2216 FS. History–New 10-21-97, Amended 8-13-00, 1-16-03, 5-3-09, 2-19-14.

Fla. Admin. Code R. 14-100.002 Prosecution of Unpaid Toll Violations

(1) Application and Scope. The purpose of this rule is to implement Section 316.1001, F.S., and provide guidance to toll enforcement officers for the issuance of Uniform Traffic Citations (UTC).

(a) It is in the public interest, fair to users who pay posted tolls, and necessary for toll collection and bond accountability, to enforce the payment of tolls and reduce the number of toll violations which occur when prescribed tolls are not paid by users of toll facilities. Failure to pay a prescribed toll is a violation of Section 316.1001, F.S. Violators of Section 316.1001, F.S., at Department owned or operated toll facilities are subject to issuance of a UTC by the Department, and those toll facilities owned by a public or private entity for which the Department collects tolls pursuant to an agreement authorized by Section 338.161(5), F.S.

(b) For a toll facility not part of the Florida Turnpike System or otherwise owned by the Department and subject to this rule, all applicable toll rates for the use of the toll facility shall be established by the applicable private or public entity owning the toll facility in acordance with the owner’s govering laws, charter, ordinances, resolutions, rules and procedures. The private or public entity shall be responsible for establishing such toll rates on its own toll facilities.

(c) After exhausting all internal Department database records, the license plate number of a motor vehicle alleged to have committed a toll violation shall be entered into the Florida Department of Law Enforcement or the Department of Highway Safety and Motor Vehicles or other database to obtain the name and address of the registered owner for use in prosecution of toll violations.

(2) Issuance of a UTC.

(a) The registered owner of a vehicle, where the vehicle was observed proceeding through a facility at which the driver failed to pay the required toll, shall be subject to issuance of a UTC for a violation of Section 316.1001, F.S. Mailing the citation to the registered owner’s address constitutes notification.

(b) A photographic image of a vehicle using a toll facility in violation of Section 316.1001, F.S., captured by the Violation Enforcement System (VES) camera at the toll lane, shall be grounds for issuance of a UTC to the registered owner of the motor vehicle alleged to be involved in the violation.

(c) Florida Turnpike Unpaid Toll Notice Receipt – Driver, SP050-A-006A, Rev. 07/05, and Florida Turnpike Unpaid Toll Notice Receipt – Department, SP050-A-006B, Rev. 07/05, signed by the driver, acknowledging and documenting inability to pay a required toll while in the toll lane or using the toll facility, where the driver fails to send the toll amount as prescribed in the receipt within 10 calendar days, shall be grounds for the issuance of a UTC to the driver.

(d) Except as provided in Section 316.1001(2)(c), F.S., the registered owner of the motor vehicle involved in a toll violation is responsible for payment of the amount provided for in Section 318.18, F.S., in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition. If the UTC was issued based on an unpaid toll notice receipt signed by the driver, the requirement of the establishment of this fact by the registered owner is inapplicable.

(3) Validation of Digital Photographic Evidence. The Department’s toll enforcement officer(s), or his or her designee, shall review captured photographic images of vehicle license plates to ensure accuracy and data integrity. The toll enforcement officer(s), or designee, shall also verify that the toll collection system and VES were performing properly, were functional, and were in operation at the time of the alleged toll violation. The toll enforcement officer(s), or designee, shall review the transaction data to ensure that those transactions immediately prior and subsequent to the toll violation transaction were processed correctly. Upon final validation of violation data, the toll enforcement officer(s), or designee, may cause a UTC to be issued. The requirements of this paragraph do not apply to the issuance of a UTC by a toll enforcement officer that is based on an unpaid toll notice receipt signed by the driver and subsequent failure by the driver to properly remit payment. In that instance, a toll enforcement officer shall have knowledge of the procedures and internal controls in place for receiving, processing, and documenting such deferred payments, and shall issue a UTC based upon verification of the failure of the driver to properly remit payment.

(4) Response to a UTC.

(a) The UTC shall inform the registered owner that the vehicle registered in his or her name was observed proceeding through a toll facility at which the driver failed to pay the required toll, and provide the registered owner of the options to pay the fine, as well as instruction on how to contest the UTC.

(b) Upon receipt of a UTC, except as provided in Section 316.1001(2)(c), F.S., the registered owner of the motor vehicle involved in the violation is responsible for payment of the amount provided for in Section 318.18(7) or 318.14(12), F.S., in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition.

(c) The requirements of paragraphs (4)(a) and (b), above do not apply where the issuance of the UTC is based on an unpaid toll notice receipt signed by the driver and subsequent failure by the driver to properly remit payment. In that instance, the UTC will inform the driver of that basis for the issuance of the UTC, and upon receipt of the UTC, the driver who signed the unpaid toll notice receipt, and subsequently failed to properly remit payment, is responsible for payment of the amount provided for in Section 318.18(7) or 318.14(12), F.S., in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition.

(5) Forms. The following forms are incorporated by reference and made a part of this rule:

Form Number

Date

Title

SP050-A-002

07/05

Uniform Traffic Citation

SP050-A-006A

07/05

Florida Turnpike Unpaid Toll Notice Receipt – Driver

SP050-A-006B

07/05

Florida Turnpike Unpaid Toll Notice Receipt – Department

Copies of these forms may be obtained from the Florida Department of Transportation, Toll Violation Enforcement, Post Office Box 880069, Boca Raton, Florida 33488-0069.

History

Rulemaking Authority 316.1001, 334.044(2), 338.155(1) FS. Law Implemented 316.1001, 334.044(28), 338.155, 338.165, 338.2216338.231 FS. History–New 8-13-00, Amended 8-6-02, 4-16-06, 2-19-14.

Fla. Admin. Code R. 14-100.003 Express Lane Tolling

(1) Purpose. The intent of this rule is to establish criteria for express lane tolling by the Florida Department of Transportation.

(2) Definitions. Unless defined below, words, phrases, or terms contained herein shall have the definitions set forth in Chapters 316, 334 and 338, F.S. As used in this rule the following words, phrases, or terms shall mean:

(a) “Authorized user” means any person operating a two-axle motor vehicle, or a multi-axle vehicle when permitted by regulatory signage, in an express lane with an active SunPass transponder or interoperable transponder-based pre-paid account, having sufficient funds to pay the applicable toll, or operating a motor vehicle which is exempt from payment of the applicable toll pursuant to Rule 14-100.004 or 14-100.006, F.A.C. Two-axle motor vehicles that are leased or rented from a company and registered under a prepaid toll account program with the Department are also authorized for use in the express lanes.

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

(c) “Express lane” means a travel lane or lanes delineated or physically separated from a general use lane or general toll lane within a roadway corridor in which tolls are set based on traffic conditions.

(d) “Free-flow” means conditions under which travel is unimpeded and motor vehicles are able to safely operate at speeds of at least 45 miles per hour in the express lanes.

(e) “General toll lane” means a tolled roadway lane within a toll facility that is not an express lane and for which the applicable toll for its use is not established by variable tolling.

(f) “General use lane” means an untolled roadway lane.

(g) “Level of Service” means a quantitative measure used to classify the quality of traffic conditions on the Turnpike System as provided in Section 338.2216(1)(d), F.S.

(h) “Multi-axle” means a vehicle with three or more axles.

(i) “Over-the-Road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment and operated by, a for hire company, registered on the US Federal Motor Carrier Safety Administration (USFMCSA) registration system.

(j) “Point of entry or continuation” means either the location at which a vehicle enters an express lane, or the location at which a vehicle continues on an express lane and passes an electronic message sign where toll information is displayed.

(k) “Public transit bus” means a bus regularly scheduled for transport of the general public and owned, operated, rented, contracted, or leased by a governmental entity.

(l) “School bus” means a bus regularly used for the transportation of prekindergarten, disability program, or kindergarten through grade 12 students of the public schools to and from school or to and from school activities and owned, operated, rented, contracted, or leased by any district school board.

(m) “SunPass toll” means the toll amount charged to use Florida Turnpike System general toll lanes with a SunPass transponder or interoperable transponder-based account.

(n) “Toll point” means the physical location at which a SunPass transponder, interoperable transponder, and/or license plate information is read, and a toll is assessed to authorized users or violators operating a vehicle in an express lane or general toll lane.

(o) “Transaction” is when a vehicle passes a toll point and incurs a toll. An electronic record of each transaction contains vehicle and location information necessary for processing of the transaction.

(p) “Vanpool” means a van designed to transport seven or more passengers, including the driver, and registered by a public entity that is authorized by a local government or Metropolitan Planning Organization to register vanpools for transport of employees to and from their place of employment.

(q) “Variable tolling” means the setting of tolls in an express lane for authorized users based on the toll criteria set forth in this rule.

(r) “Violator” means a registered owner of a vehicle operated in an express lane without being an authorized user.

(3) Toll Criteria for Variable Tolling:

(a) The variable toll of an express lane will be determined by analysis of traffic data such as traffic volume, operating speeds, level of service, and trend data in the express lane, general use lanes, general toll lanes, or a combination thereof, to promote free-flow traffic conditions.

(b) The minimum toll for authorized users of an express lane that is not on the Turnpike System will be $0.50.

All authorized users, except for school buses, public transit buses, Over-the-Road buses, or vanpools that register in the manner described in subparagraph (3)(c)2., will pay:

a. The SunPass toll for the adjacent general toll lanes when the express lane is operating at Level of Service A.

b. The SunPass toll for the adjacent general toll lanes plus $0.25 when the express lane is operating at Level of Service B.

c. A variable toll when the express lane is operating at Level of Service other than Level of Service A or Level of Service B.

School buses, public transit buses, Over-the-Road buses or vanpools will pay the SunPass toll for the general toll lane after properly registering with SunPass. This registration process will require:

a. Completion of the Express Lane Bus Application Registration, Form No. ELB 17-001, effective 2/1/17, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-08071, and available in electronic format at www.SunPass.com/BusReg to include: organization name, contact name, agency phone number, contact phone number, organization address, organization email address, motor vehicle license plate, make of motor vehicle, year of motor vehicle, personal identification number (PIN), transponder mini ID number (if already purchased), and existing SunPass account number, if applicable. Over-the-Road buses also must submit proof of registration with USFMCSA.

b. Submittal of completed application via the SunPass Express Lane Registration webpage at www.SunPass.com/BusReg; via email at ExpressLaneReg@dot.state.fl.us; via fax to (888)265-1725; via telephone at (888)865-5351; or via US mail to FDOT, 7941 Glades Road, Boca Raton, Florida 33434.

c. Upon approval from SunPass and receipt of a SunPass mini transponder from SunPass for each exempt bus or van, the SunPass mini transponder assigned to the account must be properly affixed to the windshield of each corresponding registered bus or van.

d. Renewing registration annually prior to the expiration date. All registration information must be confirmed or updated as a part of the renewal and submitted by one of the means identified in sub-subparagraph (3)(c)2.b.

(d) The maximum toll for authorized users of the express lanes on Interstate 95 between Mile Marker 4 and Mile Marker 12 will not exceed $1.50 per mile. If those express lanes reach the maximum toll on any 45 days in a six month period, the maximum toll will increase by $0.50 per mile effective the first day of the following month. The maximum toll for authorized users of those express lanes will increase by $0.50 in any subsequent six month period meeting the same condition.

(4) Authorized users shall pay all express lane toll transactions.

(5) Multi-axle vehicles are not allowed to operate on an express lane unless otherwise indicated by regulatory signage. If the Department allows multi-axle vehicles on an express lane, the multi-axle toll will be equal to the applicable two-axle toll divided by two, multiplied by the number of axles.

(6) Display of Toll:

To the extent feasible, an electronic message sign in advance of each point of entry to an express lane from a general use lane or general toll lane will display the current toll for two-axle motor vehicles from the point of entry to one or more exit locations. The current toll for two-axle motor vehicles also will be displayed for one or more additional exit locations if travel is continued in the express lanes beyond the exit locations displayed on the signage prior to the point of entry or a continuation.

(7) Violators.

(a) Violators shall pay $25.00 for each day that the violator has an express lane transaction plus:

For express lanes not on the Turnpike System, the express lane toll for each express lane transaction, or
For express lanes on the Turnpike System, the applicable axle-based toll for the general toll lanes that are adjacent to the express lanes, plus the applicable variable toll of at least $0.25 for each express lane transaction.

(b) A violator with a SunPass account or interoperable transponder-based pre-paid account, will have their account charged the express lane toll plus $25.00 for each day that the violator has an express lane transaction. A violator without a SunPass account must pay the total invoice amount, which will include an administrative charge in the amount established by subsection 14-100.005(6), F.A.C., within 20 days from the invoice date. If an invoice is not paid in full within 20 days from the invoice date, a second invoice will be sent. If the total invoice amount is not paid within 20 days after the invoice date on the second invoice, the Department will pursue the amounts owed to collection to include: issuance of a Uniform Traffic Citation for each individual unpaid toll transaction associated with the original invoice, initiation of a motor vehicle license plate or revalidation sticker registration hold or stop process pursuant to Section 316.1001(4), F.S., or referral of the total unpaid amounts owed to a collection agency or attorney for collection. All subsequent invoices will include all unpaid amounts and will be subject to the same enforcement procedures stated above if not paid within 20 days from the invoice date.

History

Rulemaking Authority 334.044(2), 338.155(1), 338.166(4) FS. Law Implemented 316.1001, 316.640(1), 318.14(12), 334.044(16), 338.155(1), 338.165, 338.166(4), 338.2216, 338.231 FS. History–New 5-8-08, Amended 2-19-14, 4-10-17, 2-15-18.

Fla. Admin. Code R. 14-100.004 95 Express Toll Exemption Registration in Miami-Dade, Broward and Palm Beach Counties

The provisions of this section apply to only express lanes on I-95 in Miami-Dade County, Broward and Palm Beach counties.

(1) Purpose. To address congestion and to offer travel-choice options to motorists in South Florida, the 95 Express project implements a combination of tolling, technology, travel demand management and transit elements into a single project along the Interstate 95 corridor. Tolls will be collected electronically. Toll exemptions are allowed for certain vehicle types as specified in this section. Both the tolls and toll exemptions are intended to provide incentives for increased vehicle occupancy, shift in travel demand, and overall congestion relief.

(2) South Florida Commuter Services (SFCS) along with SunPass are partnering to administer the fulfillment and registration process pertaining to this portion of 95 Express Project. SFCS is the regional commuter assistance program funded by the Florida Department of Transportation. SunPass is the Florida Department of Transportation’s Prepaid Toll Program. This rule sets forth the process to register for exemption from payment of tolls on 95 Express in Miami-Dade, Broward and Palm Beach Counties.

(3) Exemptions. The following qualify for an exemption from payment of tolls on 95 Express in Miami-Dade, Broward and Palm Beach Counties:

(a) Carpools with three or more occupants, traveling to and from work in one motor vehicle, and registered in the manner described in subsection (5), below.

(b) Vanpools meeting the definition in paragraph 14-100.006(2)(d), F.A.C., and registered pursuant to subsection 14-100.006(4), F.A.C.

(c) Inherently Low Emission Vehicles (ILEV) or Hybrid vehicles, as defined in Section 316.0741, F.S., with valid Department of Motor Vehicles decals, and registered in the manner described in subsection (5), below.

(d) School buses meeting the definition in paragraph 14-100.006(2)(c), F.A.C., and registered pursuant to subsection 14-100.006(4), F.A.C.

(e) Public transit buses meeting the definition in paragraph 14-100.006(2)(b), F.A.C., and registered pursuant to subsection 14-100.006(4), F.A.C.

(f) Over-the-Road Buses (OTRB) meeting the definition in paragraph 14-100.006(2)(a), F.A.C., and registered pursuant to subsection 14-100.006(4), F.A.C.

(g) Motorcycles, as defined in Section 316.003, F.S.

(4) Registered carpools shall only be granted free passage if the motor vehicle has the minimum number of occupants specified in paragraph (3)(a), above; otherwise such user shall be required to pay the applicable tolls.

(5) With registration, decals will be provided by SFCS for the following motor vehicles eligible for an exemption from payment of tolls on 95 Express in Miami-Dade, Broward and Palm Beach Counties: 3+ occupant carpools, ILEV, and hybrid vehicles.

(a) 3+ Occupant Carpools:

All eligible carpools must register with SFCS pursuant to its requirements.
Registration will allow users to receive a “95 Express” decal that must be displayed in the manner required by SFCS.
SFCS will provide the “95 Express” registration form. The registration form requests: name, home address, work address, employer, home/work phone numbers, work schedule, driver license number, and state of motor vehicle registration.
3+ Occupant carpool eligibility will be based on matching all of the following criteria:

Criteria

Configuration

Comments

Home Distance

2 mile radius

Participants must live within a two-mile radius.

Work Distance

1 mile radius

Matched participants must work within a one-mile radius to have a positive match.

Start Time/End Times

30 minutes

Participants must have a start/end work time within this timeframe to have a positive match.

Notwithstanding the above criteria, SFCS will allow a carpool whose participants meet at a specified location, parking lot, park-n-ride or transit/multi-modal facility that is located between the origin and work destination of all registered participants in the carpool.

If a driver of a motor vehicle with a registered carpool decal receives two or more citations for failure to pay a required 95 Express toll under Section 316.1001, F.S., which results in a withhold of adjudication or an adjudication of guilt, when operating a motor vehicle with less than three occupants, the carpool decal will be revoked. Further, the driver, and the owner of the carpool decal (if different), will not be eligible to apply for a carpool decal for a period of one year from the revocation of the decal.

(b) ILEV and Hybrid Vehicles:

ILEV and hybrid vehicle owners in Miami-Dade, Broward, and Palm Beach counties with valid Florida DHSMV decals are eligible to register for toll exemption on 95 Express in these three counties. Eligible ILEV and hybrid vehicle owners who complete registration with SFCS will receive a decal for toll-free use of 95 Express in Miami-Dade, Broward and Palm Beach Counties.
ILEV and hybrid vehicle owners will be required to renew their 95 Express registrations annually with SFCS based upon the anniversary date of the initial request.

History

Rulemaking Authority 334.044(2), 316.0741 FS. Law Implemented 316.0741, 316.1001, 316.640(1), 334.044(16), 335.02(3), 338.155(1), 338.165(7), 338.231 FS. History–New 5-8-08, Amended 4-10-17, 2-15-18.

Fla. Admin. Code R. 14-100.005 Video Billing

(1) Purpose. The purpose of this rule is to establish the process of video billing on the Florida Turnpike System and other Department owned toll facilities and on toll facilities owned by a public or private entity for which the Department collects tolls pursuant to an agreement between the Department and the private or public entity authorized by Section 338.161(5), F.S.

(2) Definition. “TOLL-BY-PLATE” means an image-based video billing system using photographic images of a vehicle’s license plate to identify the customer responsible for toll payment.

(3) Process. If a vehicle passes through a toll collection facility and the toll payment is not made by either using cash, a SunPass transponder account, or interoperable transponder-based pre-paid account, having sufficient funds to pay the applicable toll, a photographic image of the vehicle’s license plate will be captured at the toll lane and the first-listed registered owner of that vehicle, except as provided below, will be considered the TOLL-BY-PLATE customer. The license plate numbers (LPN) are extracted from the image of the vehicle’s license plate, and matched to the LPN for an existing TOLL-BY-PLATE account. If no TOLL-BY-PLATE account is found, the registered owner of the vehicle will be identified through a vehicle registration lookup process. The TOLL-BY-PLATE customer will have 10 days after using the toll facility to contact the Department by calling 1(888)TOLL-FLA (1(888)865-5352) or visiting www.sunpass.com to pay their toll or establish a pre-paid TOLL-BY-PLATE account as described in subsection (4). If the TOLL-BY-PLATE customer does not fully pay their tolls within that 10-day period, an invoice of the accumulated toll amounts and an administrative charge as described in subsection (7), applicable to the first 14 days of transactions, will be mailed to the TOLL-BY-PLATE customer for payment. All subsequent invoices will be governed by subsections (7) and (8). Any registered owner of a motor vehicle may be treated as the TOLL-BY-PLATE customer if for any reason the Department is unable to effectively invoice the first-listed registered owner.

(4) Establishment of accounts. TOLL-BY-PLATE accounts will be established by either the customer or the Department. Customers may establish a TOLL-BY-PLATE account by providing the motor vehicle LPN and specifying a pre-paid or post-paid account.

(a) Pre-Paid TOLL-BY-PLATE Accounts. TOLL-BY-PLATE customers have the option of establishing and maintaining a pre-paid toll account via credit or debit card, cash, check or money order deposits, from which applicable toll amounts will be debited. Pre-paid TOLL-BY-PLATE account customers whose balance is insufficient to cover the monthly accumulated toll amounts are subject to an invoice for the full toll amount and the administrative charge.

(b) Post-Paid TOLL-BY-PLATE Accounts. Customers will receive an invoice for post-payment of toll amounts and applicable administrative charges. Invoice payments by post-paid TOLL-BY-PLATE customers will be applied to the oldest toll transaction first or as specified by the account customer.

(c) If a TOLL-BY-PLATE account has not been established by a customer within the 10-day period after the first toll transaction use, the Department will establish a post-paid account. Identification of the vehicle will be by review of the LPN image taken at the tolling facility, supplemented as necessary by identifying the vehicle’s characteristics and subsequent LPN lookup.

(5) TOLL-BY-PLATE Toll Rate. TOLL-BY-PLATE toll customers shall pay the TOLL-BY-PLATE toll rate established in Rule 14-15.0081, F.A.C., for each facility that offers TOLL-BY-PLATE toll collection. For a toll facility not part of the Florida Turnpike System or otherwise owned by the Department and subject to this rule, all applicable toll rates for the use of the toll facility shall be established by the applicable private or public entity owning or operating the the toll facility in accordance with the owner’s governing laws, charters, ordinances, resolutions, rules, procedures, or other toll rate determination. The private or public entity shall be responsible for establishing toll rates on its own toll facilities.

(6) Administrative Charges. The Department will establish and collect amounts to recover the costs of administering video billing. This amount covers the additional administrative costs of the Department, such as reviewing photographic images of license plates captured at the toll collection facilities, generating and sending invoices, processing payments received, managing accounts, and other related costs. The administrative charge shall be $2.50 per invoice.

(7) TOLL-BY-PLATE Accounts and Toll Collection. TOLL-BY-PLATE customers with post-paid accounts will be sent an invoice that includes with the administrative charge added to the invoice, in addition to the unpaid toll amounts, as of the invoice date, based on the TOLL-BY-PLATE rate applicable to the tolling location, and any other unpaid amounts. For facilities that do not offer TOLL-BY-PLATE, the administrative charge will be added to each notice of unpaid toll, in addition to the unpaid toll amount based on the cash toll rate applicable to the location, and any other unpaid amounts.

(8) Unpaid Invoice. A TOLL-BY-PLATE customer has 20 days from the invoice date to pay the total toll amount and the administrative charge. If the invoice has not been paid in full within those 20 days, a second invoice with an additional administrative charge will be sent. If the total amount of unpaid tolls and administrative charges is not paid within 20 days after the invoice date on the second invoice, the Department will pursue the amounts owed to collection to include: issuance of a Uniform Traffic Citation for each individual unpaid toll transaction associated with the original invoice, initiation of a motor vehicle license plate or revalidation sticker registration hold or stop process pursuant to Section 316.1001(4), F.S., or referral of the total unpaid amounts owed to a collection agency or attorney for collection. All subsequent invoices will include all unpaid amounts and will be subject to the same enforcement procedures stated above, if not paid within 20 days from the invoice date.

History

Rulemaking Authority 334.044(2), 338.155(1) FS. Law Implemented 316.1001, 334.044(16), 338.155, 338.2216, 338.231(3)(b) FS. History–New 6-13-10, Amended 2-19-14, 4-10-17.

Fla. Admin. Code R. 14-100.006 Department Express Lane Toll Exemption Registration

(1) Purpose. The intent of this rule is to establish criteria for toll exemptions on express lanes owned by the Florida Department of Transportation, excluding Florida’s Turnpike System.

(2) Definitions.

(a) “Over-the-Road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment and operated by a for hire company registered on the US Federal Motor Carrier Safety Administration (USFMCSA) registration system.

(b) “Public transit bus” means a bus regularly scheduled for the transport of the general public and owned, operated, rented, contracted, or leased by a governmental entity.

(c) “School bus” means a bus regularly used for the transport of prekindergarten, disability program, or kindergarten through grade 12 students of the public schools to and from school or to and from school activities and owned, operated, rented, contracted, or leased by any district school board.

(d) “Vanpool” means a van designed to transport seven or more passengers, including the driver, and registered by a public entity that is authorized by a local government or Metropolitan Planning Organization to register vanpools for transport of employees to and from their place of employment.

(3) Exemptions. The following qualify for an exemption from payment of tolls on express lanes owned by the Florida Department of Transportation, excluding Florida’s Turnpike System.

(a) Public transit buses registered in the manner described in subsection (4), below;

(b) School buses registered in the manner described in subsection (4), below;

(d) Vanpools registered in the manner described in subsection (4), below.

(4) Registration. School buses, public transit buses, Over-the-Road buses or vanpools are exempt from paying tolls on express lanes owned by the Florida Department of Transportation, excluding Florida’s Turnpike System, after properly registering with SunPass. This registration process will require:

(a) Completion of Express Lane Bus Application Registration, Form No. ELB 17-001, effective 2/1/17, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-08071, and available in electronic format at www.SunPass.com/BusReg to include: organization name, contact name, agency phone number, contact phone number, organization address, organization email address, motor vehicle license plate, make of motor vehicle, year of motor vehicle, personal identification number (PIN), transponder mini ID number (if already purchased), and existing SunPass account number, if applicable. Over-the-Road buses also must submit proof of registration with USFMCSA.

(b) Submittal of completed application via the SunPass Express Lane Registration webpage at www.SunPass.com/BusReg; via email at ExpressLaneReg@dot.state.fl.us; via fax to (888)265-1725; via telephone at (888)865-5351; or via US mail to FDOT, 7941 Glades Road, Boca Raton, Florida 33434.

(c) Upon approval from SunPass and receipt of a SunPass mini transponder from SunPass for each exempt bus or van, the SunPass mini transponder assigned to the account must be properly affixed to the windshield of each corresponding registered bus or van.

(d) Renewing registration annually prior to the expiration date. All registration information must be confirmed or updated as a part of the renewal and submitted by one of the means identified in paragraph (4)(b).

History

Rulemaking Authority 334.044(2), 316.0741 FS. Law Implemented 316.0741, 316.1001, 316.640(1), 334.044(16), 335.02(3), 338.155(1), 338.165(7), 338.231 FS. History–New 4-10-17.

Chapter 14-103 CONSTRUCTION AGGREGATES

Fla. Admin. Code R. 14-103.001 Scope

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 7-20-05, Repealed 10-9-11.

Fla. Admin. Code R. 14-103.002 Purpose

(1) This rule chapter sets out a standardized method for producers of construction aggregates to apply for, receive, and maintain Department approval of construction aggregate sources for use on Department projects. Source and product approval, and maintenance of an on-going effective Quality Control Program, as monitored by the Department’s Quality Assurance procedures, comprise the Department’s primary methods of determining acceptability of aggregate on Department projects.

(2) A Quality Control Program requires producers of construction materials to be responsible for their products; to establish, maintain, and implement their own individualized process control system; and to certify to the Department compliance of their product with applicable standards and contract specifications.

(3) Approval of a source by the Department and implementation of a Quality Assurance Program by the Department does not relieve the producer of the responsibility for compliance with the Quality Control Program or shipping aggregate which meet specifications. Contractors are also responsible for transporting and handling aggregate in a manner which will preclude significant variation in the properties of the aggregate. The Department reserves the right to test all aggregate at the point of use or at the project site to determine acceptability for use according to contract specifications.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 7-20-05.

Fla. Admin. Code R. 14-103.003 Definitions

As used in this rule chapter, the term:

(1) “Addendum” means an approved revision to a written Quality Control Program. Addenda are in the form of an updated “record of changes” page, and the appropriate replacement page(s) modifying existing sections of the Quality Control Program submitted under cover letter for review and approval by the Department.

(2) “Affiliate” means the same as defined in Section 337.165, F.S.

(3) “Aggregate” means a granular construction material such as sand, limerock, limestone, gravel, shell, slag, and crushed stone; manufactured materials such as expanded shales, slates, and clays; and recycled materials such as crushed concrete, used as a component of mortars, concrete, or bituminous mixtures, or used alone as a base or sub-base courses, as a stabilizing material for base or subgrade, or as a loose assemblage for drainage, foundation, shore protection, bank protection, water barrier, filter material, bedding purposes, or for other construction materials and uses not yet developed, but which may have potential usage by the Department.

(4) “Aggregate Independent Assurance Program (IAP)” means an unbiased and independent evaluation of all the sampling and testing procedures used in the Quality Control Program and the Department’s Quality Assurance Program. The Aggregate IAP, dated 2/9/2005, is incorporated herein by reference. The Department will administer the IAP using personnel that do not otherwise have direct responsibility for the specific functions under review.

(5) “Certify” means that the producer affixes the statement “CERTIFIED FOR FDOT” or “CERT. FOR FDOT” to a shipping ticket to attest that this specific aggregate shipment was produced and shipped under a Department approved Quality Control Program and for which Quality Control tests indicate that the specific aggregate meets Department specifications and Department quality and uniformity requirements set out in Section 2.2 of the Construction Aggregates Manual.

(6) “Construction Aggregates Manual” means the Department’s manual entitled Construction Aggregates Manual, December 1, 2004, prepared by the Department’s Aggregate Control Unit, which prescribes standardized methods of outlining the limits and frequencies for Quality Control sampling and testing of construction aggregates and material quality criteria for Department approval levels, which is incorporated in this rule chapter by reference.

(7) “Contract Crime” means the same as defined in Section 337.165, F.S.

(8) “Convicted” or “Conviction” means the same as defined in Section 337.165, F.S.

(9) “Department” means the Department of Transportation.

(10) “Direct Shipment” means a specified quantity of material shipped and certified in its entirety from an approved Type I, Type II or Type IV source to a single point of use, or a location or conveyance controlled by and identified by the end user in its Department approved Quality Control Program.

(11) “Instructions for Coding of Aggregate Test Data for Computerization” means the Department’s manual providing directions for completing standardized forms for the recording of aggregate test data and listing of the Department’s aggregate codes, entitled Instructions for Coding of Aggregate Test Data for Computerization, dated 07/1994, which is incorporated in this rule chapter by reference.

(12) “Lot” means an isolated quantity of a specified aggregate produced from a single source from a single process.

(13) “Lot-size” means a quantity of a specified material produced in a specified time period.

(a) The number of test results to be analyzed for compliance shall be the number of samples established by the Construction Aggregates Manual, but not to include results more than one calendar year old.

(b) The time period for which frequencies will be assigned shall be as specified in the Construction Aggregates Manual.

(c) For purposes of material control, a lot shall consist of all materials of a specified grade or type that are produced over the time period specified in paragraph (b), above, from a single process at a mine, or received at a redistribution terminal, and are represented by test results obtained in accordance with assigned sampling frequencies. Lots that are to be evaluated and disposed of separately must be kept physically separated and distinct from other lots and material.

(14) “Origin” means a single location serving as a recognized supply of raw material for subsequent processing by a Department-approved Type IV source.

(15) “Origin Number” means a unique number assigned by the Department to a location serving as a recognized supply of raw material for identification purposes. The origin number is the property of the Department, and is non-transferable.

(16) “Point of Production” means any physical operation, not including redistribution terminals, involved with removing and processing material from the earth or involved with processing material for use as aggregate, and shall be described as a mine.

(17) “Point of Use” refers to that point where the aggregate is incorporated into the project (i.e., project site, asphalt or concrete plant, etc.).

(18) “Producer” means any business or individual seeking to supply aggregate to the Department or contractors of the Department. The producer must have legal rights to mine the aggregate and must be responsible for the mining (where applicable), processing, quality control, stockpiling, load-out, and certification of the aggregate. Evidence of the mining rights of the producer shall be provided.

(19) “Product” means a type, grade, or Department code of aggregate from a single process.

(20) “Quality Assurance” or “QA” means the Department’s management method of evaluating the effectiveness of the producer’s Quality Control Program including the use of verification samples and test results, the IAP, and source inspections to monitor the quality, uniformity, and acceptability of aggregate.

(21) “Quality Control” or “QC” means the producer’s management method of controlling and making adjustments to mining materials processing techniques, and materials handling, stockpiling, and load-out, including the use of QC samples and tests and other available information to establish and maintain the specified quality and uniformity of a product.

(22) “Quality Control Program” or “QCP” means the over-all system developed and used by a producer that ensures that a product will meet specified quality standards, including documentation supporting its effectiveness.

(23) “Recycled Material Processing Site” means any physical operation involved with processing previously used or manufactured material for reuse as aggregate, not to include recycled asphalt pavement (RAP). Such a site is treated as a source by the Department.

(24) “Redistribution Terminal” means a physical operation at a fixed location, not including the point-of-production, where aggregates are received from one or more approved sources, recombined from discrete haul units into common storage units, then redistributed for resale to more than one point of use.

(25) “Sampling and Testing Methods” means the Department’s standardized methods of sampling and testing aggregates which are listed in Appendix 20 of the Construction Aggregates Manual.

(26) “Source” means a physical location including mines, recycled material processing sites, and redistribution terminals, which has aggregate.

(27) “Source Number” means a unique number assigned by the Department to a source for identification purposes. The source number is the property of the Department, and is non-transferable.

(28) “Split Sample” means a representative portion of aggregate collected for testing purposes that is subdivided into two or four approximately equal sub-portions.

(29) “Verification Sample” means a sample collected by the Department or its designated agent for testing purposes to validate the quality of an aggregate product.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 11-3-97, 7-20-05.

Fla. Admin. Code R. 14-103.004 Source Approval Requirements

(1) A letter requesting source approval for specific aggregates shall be sent to the Director, Office of Materials, Gainesville, Florida, and shall include:

(a) The producer’s QCP. The evaluation and acquisition of a deposit shall be the responsibility of the producer. During initial preparation, the producer must formulate and implement a QCP meeting the requirements of Rule 14-103.006, F.A.C. The QCP must be individualized for each source based on the deposit characteristics, mining and processing and rehandling techniques, and initial test data or past performance.

(b) Product Identification. The producer must identify the specific product(s) for which source approval is sought, establish that the identified product(s) meet Department standards and requirements, and establish process control of each product through sampling and testing. The producer must be able to demonstrate each product’s quality and degree of control to the Department’s satisfaction. The specific type and minimum number of tests required to establish quality and degree of control of each product is found in Section 1.1 of the Construction Aggregates Manual.

(c) Test Data. Test Data submitted by the producer to the Department must indicate that each product from a single process meets the Department’s quality and uniformity requirements for Department specifications as provided in Section 2.1 of the Construction Aggregates Manual. The minimum testing and sampling requirements of Section 1.1 of the Construction Aggregates Manual must be met upon application for approval by the producer. Subsequent requests for product approval must meet the requirements of subsection 14-103.0071(3), F.A.C.

(2) Continuing approval is contingent upon the effectiveness of the producer’s QCP as evidenced by the quality and uniformity of the product(s) in accordance with Section 2 of the Construction Aggregates Manual.

(3) It shall be the responsibility of the producer to ensure that all conditions of the QCP are met.

(4) All sources must pass initial on-site inspection by the Department, and subsequent monitoring and inspections, to verify compliance with this section and Rule 14-103.006, F.A.C. Verification samples will be obtained by the Department to monitor the effectiveness of the producer’s QCP.

(5) The producer shall identify the means that will be used to certify its aggregate shipments. The producer shall certify each individual conveyance of aggregate intended for use on Department projects, unless the Department provides a written waiver of this requirement. Certifications must be made at time of shipment and be provided to the end user or Redistribution Terminal at time of delivery. A copy of each type of certification shall be included in the QCP. The following information must appear on each document (shipping ticket) used to certify or transmit certification of aggregate for Department use, regardless of mode of transport:

(a) Department Source Numbers (Mine Number and/or Terminal Number) and Origin Number, where applicable.

(b) Date.

(c) Quantity, aggregate description and corresponding Department material code (from the Instruction for Computer Coding of Aggregate Test Data).

(d) Producer Ticket Number, which must be sequential for each individual source certifying the material.

(e) The statement “CERTIFIED FOR FDOT” or “CERT. FOR FDOT” is to be placed only on those shipping tickets for specific aggregates that the producer certifies were produced under a Department approved QCP and for which QC tests indicate that the specific aggregate meets quality and uniformity requirements set out in Section 2.2 of the Construction Aggregates Manual. Certification shall be made at time of shipment when the weight of material is recorded on the shipping ticket.

(f) Aggregate for which known test results indicate non-compliance with specifications shall not be certified.

(g) The statement “DIRECT SHIPMENT CERT. FOR FDOT FROM MINE” is to be placed only on Redistribution Terminal shipping tickets used to deliver direct shipments of certified material through a Redistribution Terminal without additional testing in accordance with the following provisions:

The Redistribution Terminal must list this alternative method of delivery in its QCP and maintain at least one of its products on the full certification system.
The Redistribution Terminal must have on record written documentation that the specific end-user has identified this method of delivery in its QCP.
A direct shipment stored at a Redistribution Terminal shall be identified as to end-user and be kept isolated from other material.
The Redistribution Terminal must abide by storage, handling, and load-out procedures as described it its QCP.
The Redistribution Terminal must notify the Department by facsimile or electronic mail of the receipt of direct shipments.
The shipping ticket shall reference the producer ticket number (bill of lading) from the mine.
The statement “CERTIFIED FOR FDOT” or “CERT. FOR FDOT” shall not be used for direct shipments.

(6) Source Classifications. These classifications are based on the Department’s ability and resources. In circumstances that preclude the Department’s ability to perform its QAP function at the source, the Department reserves the right to change a source classification with a minimum of one month’s notice given to the producer.

(a) Mines may be located in-state, out-of-state, or out-of-country.

Type I Mines are those mines located within Florida, and those out-of-state mines which are a one-way distance of less than 200 miles travel by roadway from a Department District Materials Office. The mine may make direct shipments for use on Department projects or make shipments for subsequent testing and re-certification by approved Redistribution Terminals or re-processing, testing, and certification by Type IV Mines.
Type II Mines include out-of-state mines, which are between 200 and 400 miles travel by roadway from a Department District Materials Office. The mine may make direct shipments for use on Department projects or make shipments for subsequent testing and re-certification by approved Redistribution Terminals or re-processing, testing, and certification by Type IV mines.
Type III Mines include out-of-state (and out-of-country) mines which are more than 400 miles travel by automobile or cannot be accessed by automobile from a Department’s District Materials Office. The mine may not make direct shipments for use on Department projects. The mine may make shipments for Department use only for subsequent testing and re-certification by approved Redistribution Terminals or re-processing, testing, and certification by Type IV Mines. These mines must provide their QC test data substantiating their compliance with Section 2.2 of the Construction Aggregates Manual, prior to a Redistribution Terminal shipping any of its material for Department use, even if the Redistribution Terminal has completed its own testing.
Type IV Mines are those mines located within Florida that receive and process their raw (or partially processed) material from other sources or origins. Only one origin or source of material may be used to produce any single product. The producer (Type IV Mine) must obtain notarized documentation of the origin of each shipment of raw material used in its production. Pursuant to Section 837.06, F.S., the producer is subject to a charge of perjury if a written false statement is made to a public official. The producer shall supply a report certified under the requirements of Chapter 492, F.S., that aggregates in the origin are free of deleterious materials in accordance with all applicable Department specifications. Material certification from approved sources will be accepted to establish suitability of the raw or partially processed material; however, the producer shall be responsible for final processing and testing of each individual product. Type IV Mines receiving raw material from other than approved sources shall confirm the acceptability of the physical, chemical, and mechanical properties prior to final processing and certification of the material. The producer may make direct shipments for use on Department projects and make shipments for subsequent testing and re-certification by approved Redistribution Terminals. Certification by the producer will require both the source and origin numbers. A Type IV Mine may seek dual status as a Redistribution Terminal. In such cases, the Department will issue separate source numbers and the producer will be required to keep functions of the two sources separate and distinct.

(b) Redistribution Terminals may be located in state, or out of state if they are a one-way distance of less than 100 miles travel by roadway from a Department District Materials or Branch Office. Redistribution Terminals may receive shipments for testing and re-certification from all approved sources. Prior to re-certifying the material for Department use, the Redistribution Terminal must perform additional QC tests for those aggregate characteristics subject to change due to handling, shipping, stockpiling, or other actions affecting aggregate characteristics. The Redistribution Terminal shall also perform additional QC tests as required by Section 1.2.2 of the Construction Aggregates Manual for material received from Type III Mines. Re-certification by the terminal will require both the Source Numbers (terminal and mine) and the origin number, if applicable. Redistribution Terminals may re-certify products to Department projects, end-users, Type IV Mines or other Redistribution Terminals. Redistribution Terminals may also deliver direct shipments of certified material from Type I, Type II or Type IV Mines without additional testing subject to the provisions of paragraph 14-103.004(5)(f), F.A.C.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), (28), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 10-22-02, 7-20-05.

Fla. Admin. Code R. 14-103.005 Supplemental Source Requirements for Alternate Open-Graded Friction Course (FC) Aggregate

Approval may be sought for coarse aggregate not specifically mentioned by name in the Department’s Standard Specifications for Road and Bridge Construction use in open-graded Friction Course Asphalt Mix, Type 5 (FC-5). The following approval requirements are in addition to the requirements of Rule 14-103.004, F.A.C., for such alternate materials having characteristics which will result in a friction course providing acceptable long-term frictional characteristics. Once approved, coarse aggregate may be submitted in all Department friction course mixes subject to specification requirements.

(1) A detailed description of the location within the overall mining site of the specific deposit proposed for use in an FC-5, and a description of the unique characteristics of this deposit which can be used to differentiate it from other material occurring at the site. These characteristics will include such things as color, texture, hardness, physical or chemical properties, and other properties determined in accordance with the Sampling and Testing Methods or in accordance with paragraph 14-103.006(14)(c), F.A.C.

(2) An estimate of the quantity of material available.

(3) A determination of the acid insoluble material retained on the No. 200 mesh sieve (FM 5-510) must be submitted on at least five samples.

(4) Submission of any test data which the producer considers significant to potential friction characteristics, such as wear tests, hardness, crushed faces, angularity, and other relevant characteristics.

(5) The construction of a trial section of FC-5 pavement from the material will be required by the State Materials Office based on history of use and performance. The construction of the FC-5 trial section will be the sole responsibility of the producer. The State Materials Office will design the mix, monitor construction, obtain samples for evaluation, and test the friction characteristics of the surface. The trial section will be a minimum of 500 feet in length to accommodate friction testing, and shall be constructed on a roadway not maintained by the Department. No minimum traffic volume will be required for approval of trial sections.

(6) The information supplied by the producer, the inspection of the mine, and any test results from a trial section will be reviewed by the State Materials Office. If the material indicates a potential for use in an FC-5, the producer will be notified and a test section will then be selected by the producer for Department evaluation of the wear characteristics of the material. The State Materials Office will assist the producer in the selection of a test section which meets the following criteria:

(a) Minimum 50 miles per hour speed limit.

(b) Minimum 14,000 Average Daily Traffic.

(d) Minimum of four lanes.

(e) Minimum length of 1,000 feet.

A control section meeting the test section criteria and adjoining the test section will be constructed with a Department approved aggregate.

(7) Following the selection of a suitable test section, the producer will then provide sufficient material and make the necessary arrangements with the paving contractor for construction of the FC-5 test section and FC-5 control section. Any additional costs incurred by the paving contractor for the test section and control section will be the responsibility of the producer. The State Materials Office will design the mixes, monitor construction and obtain samples for evaluation. Friction tests will be conducted by the State Materials Office on the test section immediately after construction, then monthly for two months and thereafter at intervals of two months until the accumulated traffic reaches six million (vehicles) coverage or the friction number stabilizes. Friction tests will be conducted at 40 mph in accordance with ASTM E274-97, effective 1997, which is incorporated herein by reference, using both E501 (Rib) and the E524 (Blank) test tires. In the event that the friction number falls below 30 or the test section is otherwise determined to be a threat to public safety within the first two years of construction completion, the evaluation will be terminated and the producer will bear the cost of removing the FC-5 and resurfacing the test section with an approved material. Prior to the construction of the test section, the producer must provide a signed and notarized statement agreeing to this responsibility. Pursuant to Section 837.06, F.S., the producer is subject to a charge of perjury if a written false statement is made to a public official.

(8) At the conclusion of the evaluation period the friction number in the test section will be compared to friction numbers obtained in the control section and with friction numbers obtained using previously approved FC-5 aggregates. If the test section is equivalent or better, the State Materials Office will grant approval of the proposed aggregate contingent upon:

(a) The aggregate consistently maintaining the unique characteristics established in subsection 14-103.005(4), F.A.C., that identify the specific deposit; and,

(b) The friction course utilizing the aggregate consistently producing friction numbers and other performance characteristics (smoothness and texture) that the Department considers equivalent to the test section on a job by job basis.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), (28), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 7-20-05.

Fla. Admin. Code R. 14-103.006 Quality Control Program

The QCP developed by the producer for each source shall contain at a minimum the following elements:

(1) Identification of the Physical Location of Source. The identification of the physical location of the source must include a description of the property site, township, range, and section, and reference to the nearest identifiable points such as highways and towns, in order to find the location easily by public roadway.

(2) Location of Designated QC Office. The source shall designate the location of its QC office, which shall have responsibility for the administration of its QCP and the custodianship of QC records. When the QC office is located separate from the source, the identification must include the physical address and reference to the nearest identifiable points such as highways and towns, in order to find the location easily by public roadway. An office, so designated, shall be available to its own QC personnel and the Department during all QC operations. A copy of the QCP, Construction Aggregates Manual, and all pertinent excerpts and references of the Sampling and Testing Methods, as well as current test data and control charts, shall be available at the QC office and to its personnel at all times.

(3) Documentation of the Producer’s Status. See subsection 14-103.003(18), F.A.C.

(4) A Production Flow Diagram. The production flow diagram must include a step-by-step written description or flow chart indicating the points involved with all aspects of mining, processing, sampling, and testing the aggregate from natural state to finished product, including all re-handling prior to the load-out of the aggregate.

(5) Labeling Stored Aggregate. The labeling of stockpiles, storage silos, bins, etc., of aggregate must include the clear and precise labeling by sign as to grade and Department code.

(6) Prevention of Contamination, Segregation, and Degradation. The handling and storage of aggregates shall be in such manner as to minimize any segregation or degradation and to prevent contamination by foreign materials. When stockpiles of aggregates cannot be stored sufficiently remote from each other to prevent mixing, suitable baffles shall be provided which will prevent intermingling of the different stockpiles.

(7) A Loading and Shipping Controls. A loading and shipping controls program must include a detailed description of the methods by which the product is to be loaded and shipped for use on Department projects, including safeguards against loading improper aggregate and contamination, degradation, or segregation of aggregate. The program shall also include methods of ensuring shipping in clean haul units and accurate identification and certification of products.

(8) Sampling. A sampling plan identifying all specific sampling points and locations, including intermediate points in process control even though the data will not be entered into the Department’s computer program, as well as sampling of the finished product that is as closely representative of shipped material as possible. Sampling methods must be described in detail and in accordance with the Sampling and Testing Methods, and must be based on standard statistical practices, including the designation of lots and sub-lots, if applicable.

(9) Initial Quality Control. The Department will assign the initial sampling and testing frequencies for newly approved products at a level specified for less than 95% compliance as shown in Appendices 1 through 18 of the Construction Aggregates Manual, until a history of test data is developed.

(10) Minimum Quality Control. The Department will assign QC sampling frequencies for products on the Conditional QC Certification System in accordance with subsection 14-103.0071(2), F.A.C. For products on the Full QC Certification System, the producer shall monitor its data to assure continued compliance with Section 1.2 and Section 2 of the Construction Aggregates Manual. The producer shall notify the Department in writing of any prescribed changes in product status or QC sampling frequencies. Any reduction in QC sampling and testing frequencies must be pre-approved by the Department and be supported by applicable QC and verification data. The Department will assign QC sampling frequencies for products on the Full QC Certification System in accordance with Section 1.2 of the Construction Aggregates Manual.

(11) Analysis and Recording of Data.

(a) The producer must have the necessary equipment (i.e., computer) to perform statistical analyses and maintain adequate records of all samples, test results (including worksheets and sample weights), and other actions to verify the effectiveness of its QCP and to substantiate aggregate compliance with all applicable specifications. These records shall indicate the nature and number of tests made, statistical analysis, the number and types of deficiencies found, the quantities approved and rejected, and the nature of the corrective actions taken. Producer test data is to be recorded in standardized format. The Department will initially provide the appropriate computer coding forms and electronic submittal formats.

(b) The QCP shall include a procedure that will chart, review, and analyze test data so as to effectively evaluate control of the process. The control charts and analyses shall be maintained current with each day’s test results and be immediately available for review by QC and Department personnel. Other data must be maintained and available for inspection by Department personnel. As a minimum, the Department will require control charts for gradation on critical sieves, and for other required tests for which the producer’s initial approval data indicates less than the 100% compliance level shown in Appendices 1 through 18 of the Construction Aggregates Manual. The producer may determine the type of control chart most useful in the process; however, control charts using average and range will be considered the minimum acceptable in the absence of more advanced charting. The producer may chart process control tests in lieu of QC tests, provided that process control samples are taken from the finished product and are at a greater frequency than the QC tests. The QCP must include examples of the control charts used.

(c) All QC test results for materials produced under this rule chapter must be reported to the Department. The producer shall monitor its own data for compliance with Section 1.2 and Section 2 of the Construction Aggregates Manual. When there is an indication that the process is not being adequately controlled in compliance with the QCP, the producer shall immediately take the necessary steps to adjust the process.

(12) Responsibilities of Personnel. The producer must have a list describing the responsibilities and authority of all personnel involved with the QCP, including supervisors, analysts, technicians, and contact(s). All personnel should be informed of the exact nature of their duties as they apply to the program. Within 15 months of launch of the Aggregate QC Manager training course, an Aggregate QC Manager must be designated as having control over the QCP, and a QC technician designated for each mine. A copy of the QCP shall be on site at the source and available for review by all source personnel during all hours of operation. The Aggregate QC Manager must:

(a) Have full authority to act as the source’s agent to institute any and all action necessary for the successful implementation of the QCP.

(b) Fluently speak and understand English.

(d) For Federal Aid Department projects, be qualified as an Aggregate QC Manager through the Department’s Aggregate Training and Qualification Program. The Aggregate Technician Training and Qualification Program, effective date 2/2005, is hereby incorporated by reference.

(13) Dealing with Control Failures. Control failures are defined by the producer in the QCP to deal with those failures in the QCP administration that may lead to material not complying with Department specifications and standards, or when production under the QCP must be halted to resolve problems leading to product not meeting the specifications. The producer must submit a contingency plan in the event of test results indicating a control failure, to include the following three points:

(a) Notification of the Department as soon as results indicating a control failure are known.

(b) Investigation to determine the extent and location of the cause of the control failure.

(c) Corrective action will be taken to eliminate the cause of the failure. The Department shall be notified in writing as to the corrective actions taken to assure quality and the disposition of aggregate represented by the control failure. This written notification will become part of the QCP.

Corrective actions need not be in the form of an Addendum if no changes are being made to the QCP; however, documentation of corrective actions, to include maintenance logs, process control reports, or other supporting documentation must be provided. The Department will notify the producer of unacceptable submittals that are not in compliance with this rule chapter within five business days of receipt. Addenda that do not comply with the provisions of this rule chapter will be rejected.
Procedural steps to detect and prevent future occurrences of the conditions leading up to the control failure should be addressed through Addenda to the QCP. Addenda shall consist of a cover letter explaining the corrective action, an updated “record of changes,” and the appropriate revised pages to the QCP. Addenda are subject to review and approval by the Department. The Department will notify the producer of unacceptable submittals that are not in compliance with this rule chapter within five business days of receipt. Addenda that do not comply with the provisions of this rule chapter will be rejected.

(14) Testing.

(a) Laboratory. On Federal Aid Department projects, pursuant to 23 C.F.R. 637.209, incorporated herein by reference, and the Aggregate Training and Qualification Program, each source must designate either its own laboratory and a commercial laboratory for the performance of QC testing. Laboratories so designated must be equipped to run all applicable tests with equipment and technicians meeting Department standards. A list of testing equipment and facilities meeting Department requirements must be submitted. Only a Department approved laboratory shall be used for QC testing. Laboratories shall be qualified under one of the following and have current Department approval during testing of Department products:

AASHTO Accreditation Program (AAP) accreditation;
Inspected by an accreditation agency on a regular basis per methods used in the source’s QCP, with all deficiencies corrected, and under the supervision of a Professional Engineer; or
Construction Materials Engineering Council (CMEC) accreditation and other independent inspection programs equivalent to subparagraph 1. or 2. above.

(b) QC Technicians. QC technicians must be designated and identified by the producer and include a list of qualifications; they must have successfully completed the Department’s Aggregate Training and Qualification Program for Aggregate Technicians. QC technicians must successfully participate in the Department’s Aggregate IAP in order to remain qualified.

(c) Methods. Testing or sampling methods and equipment, technicians, and procedures to be used as the basis for producer certification of materials must be described in detail and must be by standard Department methods in accordance with the Sampling and Testing Methods (sections pertaining to aggregates), incorporated by reference under subsection 14-103.003(25), F.A.C. Alternative testing methods and procedures may be used by the producer when such procedures provide, at a minimum, the quality control required by the program. Equivalent, alternative methods must be approved by the Secretary of the Department as meeting the required QC. Prior to utilizing such alternatives the producer must describe the changes proposed in a written proposal and demonstrate that their effectiveness is equal to or better than the standard Department procedures in the Sampling and Testing Methods. Such approval of alternate methods shall be based upon a technical demonstration, through comparison of analyses of replicate samples, that the proposed alternate method measures the relevant characteristics with the same degree of accuracy as the approved method. In the case of disputes as to whether certain procedures provide equal control, the procedures specified in the Sampling and Testing Methods shall apply.

(d) Turn-Around-Time. All producers must state the period of time it will take for test results to be available at their QC office and to be reported to the Department inspection personnel in accordance with the limits of Section 1.3 of the Construction Aggregate Manual.

(15) Identification of Aggregate. Each producer must furnish a list of aggregate grades, product number, or other identification of aggregate it produces or redistributes under an approved QCP and intends to certify with the corresponding Department Aggregate Description and Code from the Instructions for Coding of Aggregate Test Data for Computerization.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 7-20-05.

Fla. Admin. Code R. 14-103.007 Approval Levels

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10)(a), (b), (c), (13), 337.105(1), 337.11, 337.164 FS. History–New 10-20-92, Repealed 7-20-05.

Fla. Admin. Code R. 14-103.0071 Source and Product Certification Systems

Approved sources may certify approved products through either a Conditional QC Certification System or a Full QC Certification System. The Department will inspect the source, monitor the producer’s QCP, and determine the system under which the producer may certify the product.

(1) Full QC Certification System. A producer may employ the Full QC Certification System for an approved source and its approved products that meet the conditions of this subsection, including paragraphs (a) through (k) below. The Department will inform the producer in writing at such time as the Department will accept certification of a product pursuant to the Full QC Certification System. Under the Full QC Certification System, the producer may certify and ship a product based on its own QC data meeting the requirements of Section 2.2 of the Construction Aggregates Manual. However, the Department reserves the right to reject any defective material based on its own verification testing. The Department will periodically direct the collection of verification samples from selected products that are being certified under the Full QC Certification System. The verification data will be compared with the QC data over an equivalent time period in order to validate the quality of aggregate certified under the Full QC Certification System. The Department will consider supporting documentation in its evaluation of the data. The Department will investigate the possible cause(s) for any unfavorable comparisons through additional verification inspections, sampling and testing, and review of its own verification procedures. The producer shall fully participate in the Department’s review of the QC operation, including, but not limited to: increased sampling frequencies, sample retention, split sample comparisons, and additional inspections. If the Department is unable to validate the QC data’s compliance with the limits and standards of Section 2.2 of the Construction Aggregates Manual, the product will be removed from the Full QC Certification System. The following additional requirements apply to sources using the Full QC Certification System:

(a) The producer shall consistently perform proper and timely sampling and testing of its aggregate products pursuant to the frequencies approved by the Department as modified by the increased minimum requirements set out in Section 1.2 of the Construction Aggregates Manual, and Appendices 1 through 18 thereto.

(b) The producer shall maintain proper and timely records and have accurate test data and control charts available for itself and for Department inspectors in accordance with the limits of Section 1.3 of the Construction Aggregates Manual.

(c) The producer shall keep in force the procedures specified in its approved QCP, except upon prior Department approval of a producer-submitted addendum requesting a change. The criteria to approve the addendum must meet the elements as stated in Rule 14-103.006, F.A.C.

(d) The producer shall certify only shipments of approved products, consisting solely of aggregate produced under its Department-approved QCP.

(e) The producer shall keep materials not processed under its QCP separate and distinct from aggregates intended for certification.

(f) The producer shall properly certify or transmit certification for all shipments of aggregate intended for usage on Department projects in accordance with subsection 14-103.004(5), F.A.C., unless the Department specifically changes the project’s certification requirement.

(g) The producer shall demonstrate effective implementation of its QCP by consistently controlling production of aggregates so as to comply with Section 2.2 of the Construction Aggregates Manual.

(h) The producer’s plan for dealing with control failures as specified in subsection 14-103.006(13), F.A.C., shall be effective in identifying control failures prior to the product falling below the limits set out in Section 2.2 of the Construction Aggregates Manual.

Upon timely notification to the Department of a control failure, the producer may continue to certify material under the Full QC Certification System even though affected data subsequent to the notification falls within the limits set out in Section 2.3 of the Construction Aggregates Manual, provided the following additional requirements are met:

a. The producer shall identify the cause of the control failure pursuant to subsection 14-103.006(13), F.A.C., and implement corrective actions to prevent reoccurrence.

b. The producer may request a re-initialization of the product’s data, starting with the effective date of the corrective action, based on a determination by the Department that the corrective action can reasonably be expected to prevent reoccurrence of the control failure and assure continued compliance with Section 2.2 of the Construction Aggregates Manual.

c. Analysis of data for test results generated subsequent to the corrective action must meet the requirements of Section 2.2 of the Construction Aggregates Manual.

Three or more control failures related to the same cause that result in the use of subparagraph 1., above, for the same product during any 365-day period shall be considered prima facie evidence that the QCP has been ineffective in consistently controlling production of aggregates so as to comply with Section 2.2 of the Construction Aggregates Manual.
When a product’s compliance level mandates a change as described in Section 2.2 and Section 2.3 of the Construction Aggregates Manual, without the producer giving timely notification as specified in subparagraph 1., above, the Department will remove the product from the list of approved products. The producer may request reinstatement of the product under the Conditional QC Certification System.

(i) The producer’s designated laboratory shall maintain up-to-date and accurate Quality Control records, including: a log of sample collection and identification, laboratory work sheets, test results, records of technician and laboratory qualifications, and information on instrument calibration and maintenance.

(j) The producer and its designated laboratory shall maintain properly trained and qualified QC personnel, accurate and satisfactory test equipment, and proper procedures.

(k) Independent verification testing, as performed by the Department, must confirm that material shipped complies with all applicable specifications.

(2) Conditional QC Certification System. A producer may employ the Conditional QC Certification System for an approved source and its approved products that meet the conditions of this subsection, including paragraphs (a) through (d) below. A producer that uses the Conditional QC Certification System may only certify aggregate from isolated stockpiles released for shipment by the Department. The producer must still comply with its QCP, and evaluate its data to determine compliance with Section 2.3 of the Construction Aggregates Manual. However, only individual stockpiles for which QC data has been found to meet the requirements of Section 2.2 of the Construction Aggregates Manual may be proposed for acceptance. The Department will set the QC sampling frequencies at a level specified for less than 95% compliance as shown in Appendices 1 through 18 of the Construction Aggregates Manual. Pre-tested stockpiles will be subject to independent verification tests meeting specification requirements prior to release.

(a) When the Department determines that a producer has not met the requirements in subsection 14-103.0071(1), F.A.C., it will advise the producer in writing that the Department will no longer accept certification of products pursuant to the Full QC Certification System. The producer shall thereafter employ the Conditional QC Certification System and shall, within 90 days after receipt of the written Department notification, demonstrate that it is back in full compliance with the conditions of the Full QC Certification System. If the producer has not made this demonstration within this period, the source or product shall be subject to suspension pursuant to Rule 14-103.009, F.A.C.

(b) When QC results for aggregate properties determined by a test method fall below Department compliance levels in Section 2.2 of the Construction Aggregates Manual, or cannot be validated by the Department’s own verification testing, sampling frequency for that test method will be increased to a level no greater than the maximum stated in the Construction Aggregates Manual. For products reinstated under the Conditional QC Certification System, the Department will set the minimum QC sampling frequencies applicable for those test methods at a level specified for less than 95% compliance as shown in Appendices 1 through 18 of the Construction Aggregates Manual. Other test methods, for which the Department is able to establish continued compliance with Section 2.2 of the Construction Aggregates Manual, may continue to be sampled, tested, and evaluated at the previously established frequencies. However, test methods for which data had previously fallen below compliance or could not be validated by the Department’s own verification testing will be based on test results for the individual stockpile.

(c) The producer shall physically combine individual “lots” up to but not exceeding a total of one week’s production, for the purposes of creating a pre-tested stockpile for evaluation and disposition in accordance with Section 2.2 of the Construction Aggregates Manual.

(d) The producer may request approval to certify a product without the need for verification testing, based on Department review and a determination that the producer’s QCP and its history of operations indicate that the producer can reasonably be expected to satisfy the conditions of Section 2.2 of the Construction Aggregates Manual.

(e) The producer may request to ship part or all of a pre-tested stockpile, uncertified and not for usage on Department projects, prior to completion or evaluation of the stockpile. The producer shall provide timely notification to the Department to allow for the option of independent verification testing. Shipment of part or all of a pre-tested stockpile without such notification shall disqualify the stockpile for certification and void the use of its data for establishing product compliance.

(f) The producer can request to produce aggregate from specific layers, pits, or locations within a mine, and to add other controls or tests addressing specific mining or processing problems for a particular source or product, when practicable and appropriate, to ensure the quality and acceptability of a source or product for use in Department projects.

(3) New Approvals.

(a) A producer that has received approval of a new source pursuant to Rule 14-103.004, F.A.C., shall employ the Conditional QC Certification System for a period necessary to demonstrate that it has fully and properly implemented its proposed QCP and to provide data for statistical analysis to determine whether at least one product satisfies the conditions of Section 2.2 of the Construction Aggregates Manual. The Conditional QC Certification System may also be employed for new requests for the addition of aggregate products at Redistribution Terminals from Type I, Type II and Type IV approved sources provided there are no changes in the terminal’s process. The evaluation period for new sources shall not exceed 90 days of operation, except for base operations which shall not exceed 180 days. If, within this period, the producer has not demonstrated that it has fully and properly implemented its proposed QCP for the new source or has not provided data for statistical analysis to show that one of its products satisfies the conditions of Section 2.2 of the Construction Aggregates Manual, the new source shall be subject to suspension pursuant to Rule 14-103.009, F.A.C.

(b) Mines and Redistribution Terminals operating under the Full QC Certification System may request approval of new products based on a full submission of data in accordance with Sections 1.1 and 2.2 of the Construction Aggregates Manual, provided there is no change to the process. The source must submit an Addendum to its QCP to reflect any changes in its production flow diagram, loading and shipping controls, or sampling plan. Upon approval of the product, the source may certify the material pursuant to the Full QC Certification System.

(c) An approved Redistribution Terminal may request approval to redistribute products from Type I, Type II or Type IV Mines under the Conditional QC Certification System without a full submission of data as specified in Section 1.1 of the Construction Aggregates Manual, provided there are no changes to the Redistribution Terminal’s process. The Redistribution Terminal must notify the mine of its intent to seek approval of the Redistribution Terminal and request data for the material shipped. Gradation targets to establish control bands for the product will be set by the Department based on the correlation between the mine’s data and the Redistribution Terminal’s results for its first pre-tested stockpile. In no case shall the Redistribution Terminal’s targets be set lower than the mine’s. Products shall continue to be certified on the Conditional QC Certification System until sufficient QC data is available for statistical analysis to determine that the product satisfies the conditions of Section 2.2 of the Construction Aggregates Manual.

(4) Reinstated Products.

(a) Materials previously removed from the list of approved products due to a change in compliance level from Section 2.2 to Section 2.3 of the Construction Aggregates Manual will only be reinstated once the Department has received satisfactory written notification of the producer’s corrective action.

The initial written notification need not be in the form of an Addendum if no changes are being made to the QCP; however, at a minimum, the notification must describe the extent of the non-compliance and the actions taken to assure the quality and the disposition of aggregate represented by the control failure. This written notification will become part of the QCP. The producer may request a reinstatement of the product under the Conditional QC Certification System pending review by the Department. The Department will notify the producer of unacceptable submittals within three business days of receipt.
Procedural steps to detect and prevent future occurrences of the conditions leading up to the non-compliance shall be addressed through an Addendum to the QCP. The Addendum shall consist of a cover letter explaining the corrective action, an updated “record of changes,” and the appropriate revised pages to the QCP. Addenda that do not comply with the provisions of this rule chapter will be rejected. The Department will notify the producer of unacceptable submittals within five business days of receipt. Upon Department approval of the Addendum, the producer may request a return to the Full QC Certification System based on a full submission of data in accordance with Sections 1.1 and 2.1 of the Construction Aggregates Manual. Data generated while under the Conditional QC Certification System shall be included in the submittal.

(b) Suspended products may only be reinstated after the Department has received and accepted a satisfactory Addendum addressing steps to detect and prevent future occurrences of the conditions leading up to the suspension. Addenda that do not comply with the provisions of this rule chapter will be rejected. The Department will notify the producer of unacceptable submittals within five business days of receipt. Upon Departmental approval of the Addendum, the producer may request to re-instate the product under the conditional certification system based on a full submission of data in accordance with Sections 1.1 and 2.1 of the Construction Aggregates Manual.

History

Rulemaking Authority 334.044(10)(c) FS. Law Implemented 120.53(1), 334.044(10), (13), 337.105(1), 337.11 FS. History–New 7-20-05.

Fla. Admin. Code R. 14-103.008 Producer Initiated Status Change

A producer may request to be placed on voluntary suspension, or to remove a product or products from its approved products list, for reasons related to problems with the quality or control of its aggregate.

(1) Should the producer elect to change a source’s approval status from the Full or Conditional QC Certification System to Suspension, the QC required under the source’s previous level will be in effect; however, minimum time requirements restricting sources in approval levels will not apply. The maximum time the source can remain in that approval level and restrictions on shipping of products will remain as stated in Rule 14-103.009, F.A.C.

(2) Upon resolution of the problem, the producer may request a return to its former approval level and control. This request must be made in writing to the State Materials Engineer.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 7-20-05.

Fla. Admin. Code R. 14-103.009 Suspension, Revocation, Expiration, or Denial of Source Approval

(1) Suspension. When source approval is suspended, the producer is restricted from shipping all products for use on Department projects.

(a) An individual product shall be suspended when QC test results fall within the conditions specified in Section 2.4 of the Construction Aggregates Manual.

(b) A source shall be suspended when one of the following occurs:

Failure to timely supply information required by this rule.
Failure of material to meet specification requirements.
Failure to take immediate corrective action relative to deficiencies in the performance of the QCP.
Certification of material not produced under an approved QCP.
Failure to correct any identified deficiency within 30 days after Department notice.

(c) Time Limits. A source placed under suspension must remain suspended for a minimum period of 30 days, but not more than 90 days. If the problems are corrected within this time frame, the source will be placed on Conditional Approval. If the problems have not been corrected, the source’s approval will be revoked.

(2) Revocation. When source approval is revoked, the producer is prohibited from shipping or certifying aggregates for Department use or Department projects.

(a) A source’s approval shall be revoked when one of the following occurs:

A suspended source has failed to correct its problems within 90 days of the date of Suspension.
A source using the Conditional QC Certification System fails to qualify for Full QC Certification System within six months following a period of suspension.
Shipping of non-specification aggregate.
Failure to meet or comply with any requirements of Rule 14-103.004, F.A.C.

(b) When a source’s approval has been revoked, it will not be eligible for re-approval for a minimum period of six months from the date of revocation. Subsequent re-approval is subject to application requirements of Rule 14-103.004, F.A.C.

(3) Expiration or Extension of Approval. A source’s approval will automatically expire if it has not furnished material for Department use or Department projects for a period of 365 days, unless an extension of approval is requested in writing, prior to the expiration date, by the producer to the State Materials Engineer.

(a) Extension of approval will be predicated on the continued operation of the source’s QCP during the previous 365 days and the source’s continuing to meet all the requirements of this rule chapter.

(b) Approval will be extended only once for an additional 365 days. If, at the end of the extension, the source still has not furnished aggregate for Department use or Department projects, source approval will again expire and re-approval is subject to reapplication.

(c) Individual products from any source which have not been supplied for Department use or Department projects for a period of 365 days will be removed from the list of approved products for that source, unless an extension is requested. This includes existing material inventory made under a QCP meeting specifications, and for which identification and specific records and test data are available. Extensions will be granted for up to 365 days.

(4) Denial. A producer’s request for source or product approval will be denied when any one of the following occurs:

(a) Incomplete or inadequate QCP.

(b) Failure of material to meet specification requirements.

(c) Results of the Department’s inspection and testing do not agree with information and test results furnished by the producer.

(d) Results of the Department’s inspection indicate material properties or characteristics which may be a potential problem.

(e) The producer fails, upon receipt of notice from the Department related to any requirement of this rule, to correct the deficiency(ies) within 30 days.

(5) The Department shall give written notice of its intended action to suspend, revoke or deny approval. Notice of the Department’s intended action will be provided in accordance with Rule 28-106.111, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rule 28-106.201 or 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule 28-106.111, F.A.C.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 1-17-99, 7-20-05.

Fla. Admin. Code R. 14-103.0091 Producer Non-Responsibility

(1) Producers who wish to supply aggregates to the Department or contractors of the Department, are presumed to be a responsible business or individual unless the Department determines that good cause exists to declare the producer non-responsible, which shall include the following:

(a) The producer made or submitted to the Department false, deceptive, or fraudulent statements, certifications, or materials in any claim for payments or any information required by the Department;

(b) The producer becomes insolvent or is the subject of a bankruptcy petition;

(d) An affiliate of the producer has previously been determined by the Department to be non-responsible, and the specified period of non-responsibility remains in effect;

(e) The producer wrongfully employs or otherwise provides compensation to any employee or officer of the Department, or willfully offers an employee or officer of the Department any pecuniary or other benefit with the intent to influence the employee or officer’s official action or judgment.

(2) Determination of Producer Non-Responsibility. The producer will be determined to be non-responsible and ineligible to supply aggregates to the Department or contractors of the Department for a period of time, based on the seriousness of the deficiency. Examples of factors affecting the seriousness of a deficiency are:

(a) Impacts on project schedule, cost, or quality of work;

(b) Delay or interference with the bidding process;

(d) Integrity of the public construction process; and,

(e) Effect on the health, safety, and welfare of the public.

(3) Notice of intended agency action under this section will be provided in accordance with Rule 28-106.111, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201 and 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice in accordance with Rule 28-106.111, F.A.C.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10)(a), (b), (c), (13), 337.105(1), 337.11 FS. History–New 7-20-05.

Fla. Admin. Code R. 14-103.010 Emergency Action

(1) The Department may summarily suspend, limit or restrict approval if it finds that immediate serious danger to the public health, safety or welfare or the integrity of a project under construction requires emergency suspension, limitation or restriction.

(2) Notice of emergency suspension, limitation or restriction shall be given by written notice by certified mail, or express delivery, giving detailed reasons for the emergency action taken.

(3) The Department shall promptly initiate formal administrative proceedings after taking emergency action.

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10), (13), 337.105(1), 337.11 FS. History–New 10-20-92, Amended 7-20-05.

Fla. Admin. Code R. 14-103.011 Sampling and Testing Methods

History

Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10)(a), (b), (c), (13), 337.105(1), 337.11, 337.164 FS. History–New 10-20-92, Amended 11-3-97, Repealed 7-20-05.

Chapter 14-107 PUBLIC-PRIVATE TRANSPORTATION FACILITIES

Fla. Admin. Code R. 14-107.001 Purpose

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.0011 Public-Private Transportation Facilities

(1) An initial fee of $50,000 payable to the Florida Department of Transportation shall accompany any unsolicited public-private transportation facility proposal. Unsolicited proposals received without the initial fee shall not be accepted.

(2) Payment shall be made by cash, cashier’s check, or any other non-cancelable instrument. Personal checks will not be accepted.

(3) If the initial fee is not sufficient to pay the Department’s costs of evaluating the unsolicited proposal, the Department shall request in writing additional amounts required. The public-private partnership or private entity submitting the unsolicited proposal shall pay the requested additional fee within 30 days. Failure to pay the additional fee shall result in the proposal being rejected.

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30(1) FS. History–New 3-13-97, Amended 12-14-04, 2-17-10.

Fla. Admin. Code R. 14-107.002 Definitions

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.003 Proposal Requirements

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.004 Standards

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.005 Proposal Submittals

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.006 Proposal Evaluation

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.007 Legislative Approval

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.008 Agreement

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.009 Tolls

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Fla. Admin. Code R. 14-107.010 Soliciting

History

Rulemaking Authority 334.044(2), 334.30 FS. Law Implemented 334.30 FS. History–New 3-25-92, Amended 7-6-94, Repealed 3-13-97.

Chapter 14-109 JOINT PUBLIC/PRIVATE DEVELOPMENT OF RIGHT OF WAY

Fla. Admin. Code R. 14-109.0011 Joint Public/Private Development of Right of Way

History

Specific Authority 334.044(2) FS. Law Implemented 337.251 FS. History–New 3-13-97, Amended 8-6-98, Repealed 11-11-07.

Chapter 14-111 TRAVELER INFORMATION PHONE SERVICE MODIFICATION

Fla. Admin. Code R. 14-111.001 511 Traveler Information Phone Service Modification

(1) Definitions.

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

(b) “Governmental Entity” means as defined in Section 11.45, F.S.

(2) The 511 dialing code is reserved for the provision of traveler information. The 511 dialing code may not be used for any other purpose.

(3) Any person or entity wishing to provide traveler information utilizing the 511 dialing code anywhere in the state shall demonstrate to the Department the following criteria:

(a) The ability to provide traveler information that is pertinent to the general public;

(b) The ability to provide traveler information in a timely and accurate manner;

(c) The ability to provide traveler information through a telephonic system that can handle a reasonable number of calls (capacity to handle 98% of the anticipated calls without a busy signal);

(d) The ability to expand the telephonic system to accommodate a greater number of calls;

(e) The ability to provide traveler information at no more than the cost of a local call to the end user;

(f) An understanding of the telecommunication industry and how wireless telecommunication systems work; and,

(g) A dedication both in policy and financial programming to continue to offer traveler information for a five-year period.

The Department shall authorize the use of the 511 dialing code if the governmental entity requesting the use of the 511 dialing code meets the criteria above and no 511 dialing code has been previously implemented in the area being considered for 511 service.

(4) Any governmental entity authorized to disseminate traveler information through the use of the 511 dialing code may license or transfer the authority to another governmental entity meeting the criteria set forth in the paragraph above. The governmental entity shall be responsible for all costs to implement the 511 dialing code, including tariff or other charges assessed by its provider of 511 dialing code.

(5) At no time shall the authorized use of the 511 dialing code imply any ownership of the dialing code by a governmental entity authorized to use the 511 dialing code.

History

Rulemaking Authority 334.60 FS. Law Implemented 334.03, 334.044, 334.60 FS. History–New 8-15-04.

Chapter 14-115 RAIL CORRIDOR CROSSING MANAGEMENT

Fla. Admin. Code R. 14-115.003 Existing Rail Corridor Crossings

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(14), 337.242 FS. History–New 10-17-95, Amended 5-20-97, Repealed 10-1-06.

Fla. Admin. Code R. 14-115.004 Rail Corridor Crossing Permits

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(14), 337.242 FS. History–New 10-17-95, Amended 5-20-97, Repealed 10-1-06.

Chapter 14-116 LETTERS OF CREDIT

Fla. Admin. Code R. 14-116.002 Letters of Credit

(1) Purpose. This rule establishes the requirements of the Department of Transportation Comptroller for the approval of letters of credit, which are provided by a bank or savings association at the request of an applicant/professional service provider/contractor.

(2) Qualifications of Banks or Savings Associations Providing Letters of Credit.

(a) The letter of credit provided at the request of the applicant/professional service provider/contractor shall be issued by banks or savings associations which must:

Be organized and existing under the laws of this state; or
Be organized under the laws of the United States and have its principal place of business in this state; or
Have a branch office which is authorized under the laws of this state or of the United States to receive deposits in this state; and,
Have and maintain an average financial condition ranking of 35 or more from two nationally recognized financial rating services, compiled quarterly by the Florida Department of Financial Services, Division of Treasury.

(b) In the event the required average financial condition set forth in subparagraph (2)(a)4. above is not maintained, the Department will notify the applicant/service provider/contractor of such noncompliance. Within 30 days after receiving the notice of noncompliance, the applicant/professional service provider/contractor shall provide to the Department a substitute letter of credit issued by a bank or savings association meeting the requirements of this rule.

(3) Requirements of Letter of Credit. Letters of credit shall be issued solely for the benefit of the Department. Letter of credit language must be approved by the Department’s Comptroller and include the following:

(a) The expiration date of the letter of credit shall be automatically extended without amendment, for one year from the expiration date unless otherwise authorized in writing by the Department. Letters of credit furnished under the requirements of Section 337.106, F.S., shall not be required to be extended beyond the duration required by that section. If the letter of credit is not automatically extended for such additional one year period then at least 30 days prior to the expiration date then in effect, the bank or savings association shall notify the Department by registered or certified U.S. Mail or courier, postage prepaid, return receipt requested. This notification shall be sent to the Florida Department of Transportation, Office of Comptroller, 605 Suwannee Street, Mail Station 42B, Tallahassee, Florida 32399-0450, or to any other address specified in writing by the Department’s Comptroller.

(b) If notice is given that the letter of credit will not be automatically extended and if the purpose for which the letter of credit was issued still exists, the Department shall draw down any remaining balance on the letter of credit unless a substitute letter of credit meeting the requirements of this rule is provided at least 14 days prior to the expiration date of the letter of credit for which the substitute letter of credit is being provided.

(c) Once it is determined by the Department that the average financial condition ranking of a bank or savings association is less than 35, the Department will notify the bank or savings association and the applicant/professional service provider/contractor by registered mail that if a substitute letter of credit is not received within 30 days of notification, the Department will draw down any remaining balance on the letter of credit if the purpose for which the letter of credit was issued still exists.

(d) The letter of credit must provide for draws to be made on a bank or savings association located in the United States and additionally must provide for draws by electronic presentation of a draft via facsimile transmission or electronic mail, or both.

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(30), 334.187, 337.106, 337.175 FS. History–New 3-23-93, Amended 8-24-93, 10-11-94, 10-5-97, 2-18-04, 2-18-09, 1-11-10.

Fla. Admin. Code R. 14-116.003 Requirements of Letter of Credit

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(28), 337.106, 337.175, 339.081(3) FS. History–New 3-23-93, Amended 8-24-93, 10-11-94, Repealed 10-5-97.

Fla. Admin. Code R. 14-116.001 Purpose

History

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(28), 337.106, 337.175 FS. History–New 3-23-93, Amended 8-24-93, Repealed 10-5-97.

Chapter 14-118 INTERMODAL LOGISTICS CENTER INFRASTRUCTURE SUPPORT PROGRAM

Fla. Admin. Code R. 14-118.001 Purpose

This rule chapter sets forth the procedures for the Intermodal Logistics Center Infrastructure Support Program assistance. The purpose of the Program is to provide funds for roads, rail facilities, or other means for the conveyance or shipment of goods through a seaport to or from an intermodal logistics center.

History

Rulemaking Authority 311.101 FS. Law Implemented 311.101 FS. History–New 5-16-13.

Fla. Admin. Code R. 14-118.002 Definitions

(1) “Applicant” means any person or entity seeking funding under the Intermodal Logistic Center Infrastructure Support Program.

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

(3) “Project” means a Transportation Facility as defined in this rule, for the conveyance or shipment of goods, to or from an ILC, through one or more eligible seaports.

(4) “Intermodal” means a change from one mode of transport to another, for example, a change from bulk sea shipping container to truck transport.

(5) “Intermodal Logistics Center” (ILC) means as defined in Section 311.101, F.S.

(6) “Program” means the Intermodal Logistics Center Infrastructure Support Program, as described in Section 311.101, F.S.

(7) “Transportation Facility” means a road, rail line, rail spur, rail terminal, runway, taxiway, apron, or dock, and associated equipment necessary for the intermodal transfer of goods being conveyed from or to private sector businesses operating at the ILC to or from an eligible seaport. The term does not include improvements that will be solely utilized by the owner of an ILC or solely by a single private sector business operating or planning to locate operations at the ILC. The term also does not include warehouses or other storage facilities, or equipment for the movement of goods within a warehouse or storage facility.

History

Rulemaking Authority 311.101 FS. Law Implemented 311.101 FS. History–New 5-16-13, Amended 6-4-17.

Fla. Admin. Code R. 14-118.003 Project Eligibility

To be considered eligible for funding under the Intermodal Logistics Center Infrastructure Support Program, a Project must meet the criteria established in Section 311.101(3), F.S., and the following:

(1) Seaport – The Project must serve one or more seaports listed as a member of the Florida Seaport Transportation and Economic Development Council in Section 311.09, F.S. The Project must provide a cost effective and efficient method for the conveyance of shipment of goods through a listed seaport to or from an intermodal logistics center.

(2) Economic Activity – The Project must contribute to increased economic activity, including job creation, increased wages, and revenue. A Project will not be considered eligible if business at the ILC is relocating from one Florida community to another, unless the Applicant demonstrates to the Department and the Department of Economic Opportunity (DEO) that without relocation the business will move outside the state, or that the business has a compelling economic reason to move and the relocation will create additional jobs.

(3) Funding match – The Project must have a commitment for private or local funding for a minimum of 50 percent of total project costs. Department funding will be for design and construction phases of the Project. Funds spent on planning, preliminary engineering, and environmental permitting may be considered as part of the required local match to be contributed by the Applicant or associated local partners to the total project cost.

(4) Local government and private support – The Applicant must demonstrate commitments from private sector businesses planning to locate operations at the ILC and the financial commitment of the ILC owner in support of the existing or proposed facility. The ILC must have met all permitting criteria from the local government. Projects must be consistent, to the maximum extent feasible, with local Metropolitan Planning Organization plans and local government comprehensive plans.

(5) Interactivity with existing transportation network. The Project must provide a mechanism for the efficient transfer of goods, including connection to the state transportation system, and/or rail systems, to facilitate movement of goods locally, regionally, and nationally.

History

Rulemaking Authority 311.101 FS. Law Implemented 311.101 FS. History–New 5-16-13.

Fla. Admin. Code R. 14-118.004 Application and Award Procedures

(1) Requests for funding must be submitted on the Application for Intermodal Logistics Center Infrastructure Support Program, DOT Form 725-085-01, 3/13, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-02432, and available as an electronic application on the Department’s website at www.dot.state.fl.us/seaport. Upon receipt of a completed Application, the Department will consider the Project’s eligibility for funding. There are no deadlines for submitting Applications. The Department will consider an Application as long as there are funds available within a given fiscal year. Funding is subject to legislative appropriations. Any unused funds will be requested to carryover to the subsequent fiscal year.

(2) All information requested on the Application for Intermodal Logistics Center Infrastructure Support Program must be included, and the Applicant must include documentation demonstrating the following:

(a) The ILC’s financial stability, contribution to the achievement of state economic goals and policies, and the extent to which the ILC will contribute to increased state economic activity, including job creation, increased wages, and revenues. The Applicant must submit:

A business plan for the ILC and a finance plan that fully funds the ILC, or the phase of the ILC under construction, including all contingencies, and identifies the investments made, or to be made, by the owner or developer of the ILC.
Documentation of commitments from private sector businesses currently operating at the ILC, or that have executed a contract to locate operations at the ILC.
Documentation of current memorandums of understandings with one or more seaport(s) listed in Section 311.09(1), F.S., to convey or ship goods to and from the ILC through the seaport, and an estimate of the amount of cargo expected to be handled at the ILC and conveyed from each appropriate seaport.
A Return on Investment estimate report for the ILC and the Project, as applicable, demonstrating what will be contributed to regional and/or statewide economic activity. Estimates for the ILC must be current (within 6 months of the Application) and certified by a nationally recognized consulting firm (i.e. traffic and revenue consultant or Certified Public Accountant).

(b) The positive contribution of the Project to the state transportation system, and the ability of the Project to improve the cost effective and efficient movement of goods to and from one or more seaports. If the Application is submitted by a private entity, the Applicant must clearly explain the public benefit from the Project, such as how the Project provides a benefit to the associated seaport(s) and to the State, and how the regional and/or statewide transportation of goods is improved with the development of ILC and the Project. The Applicant must provide:

Project cost estimates, current (within six months of the Application) and certified by the Department’s project cost estimating system, or a nationally recognized firm of consulting engineers. Contingency amounts, representing a minimum of 10% of total costs, must be included to help ensure that the Project can be fully funded and completed.
Documentation of a 50 percent or more funding match for the Project, including what entity is providing the match and how the match will be provided.
Documentation from the appropriate local government(s) supporting the ILC and the Project, and affirming the ILC and the Project’s conformance with all appropriate local land use regulations and requirements.
Documentation demonstrating the Project’s consistency with local Metropolitan Planning Organization plans and local government comprehensive plans.

(3) When an Application is submitted to the Department, the Application will be reviewed for initial eligibility and completeness. If the Department finds the Application is not complete or the Project does not meet the Program’s eligibility requirements, the Applicant will be advised of any deficiencies.

(4) If the Department finds the Application to be complete and the Project appears eligible for funding, it will be forwarded to the DEO for review. The DEO will provide comments to the Department on how the Project meets state economic goals and fits in to the overall goals of supporting the state’s ability to promote growth in global trade and logistics. Department modal, financial, and district staff will be asked to review and provide comments for Applications within their area to the Seaport and Waterways Office Manager. After reviewing all comments and the Application, the Seaport and Waterways Office Manager will provide recommendations to the Secretary for consideration and final approval.

(5) The Department Secretary will determine which Projects will receive funding support in accordance with the provisions of this rule chapter. All funding is contingent upon legislative appropriations. Funding in a single fiscal year may be distributed among several projects and no single project will receive in excess of 50% of available Program funds in a single fiscal year. The Department will respond to Applicants with a final decision on funding after the review of Applications is completed, and the Secretary has made project selections. After funding decisions are made, the Department will include the funded project in the work program in accordance with Section 339.135, F.S., as expeditiously as possible.

(6) The Department is responsible for constructing any Project consisting of improvements to state or federal highways. However, in cases where the Applicant will be constructing the Project, an appropriate local agreement, such as a Local Area Program Agreement or a Joint Participation Agreement will be executed by the Department and the Applicant prior to release of any funding. Failure to enter into a local agreement will result in the award being withdrawn.

History

Rulemaking Authority 311.101 FS. Law Implemented 311.101 FS. History–New 5-16-13.

Chapter 14-119 SUNRAIL FARES AND CONDITIONS

Fla. Admin. Code R. 14-119.001 Definitions

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

(2) “SunRail” means the commuter rail service operated along the Central Florida Rail Corridor (CFRC) with stations to be located in Volusia, Seminole, Orange, and Osceola counties.

(3) “Passenger” means any individual traveling on a SunRail train.

History

Rulemaking Authority 334.044(2), 341.3025(1) FS. Law Implemented 334.044(19), 341.3025 FS. History–New 1-11-15.

Fla. Admin. Code R. 14-119.002 SunCards

All passengers, over the age of six, who travel on the SunRail system are required to have their own SunCard or paper ticket to enter/exit the system. Requirements for obtaining a SunCard are provided in the SunCard Guide https://www.flrules.org/Gateway/reference.asp?No=Ref-04805, 5/14, incorporated herein by reference.

History

Rulemaking Authority 334.044(2), 341.3025(1) FS. Law Implemented 334.044(19), 341.3025 FS. History–New 1-11-15.

Fla. Admin. Code R. 14-119.003 SunRail Fares

All passengers, over the age of six, who travel on the SunRail system must pay the fare provided in the SunRail Fare Chart. https://www.flrules.org/Gateway/reference.asp?No=Ref-04806, 5/14, incorporated herein by reference.

History

Rulemaking Authority 334.044(2), 341.3025(1) FS. Law Implemented 334.044(19), 341.3025 FS. History–New 1-11-15.

Fla. Admin. Code R. 14-119.004 Code of Conduct

All persons entering SunRail facilities must comply with the SunRail Code of Conduct https://www.flrules.org/Gateway/reference.asp?No=Ref-04804, 5/14, incorporated herein by reference. The rules of conduct apply on board SunRail trains and within Department facilities and stations.

History

Rulemaking Authority 334.044(2), 341.3025 FS. Law Implemented 334.044(19), 341.3025(1), 812.015 FS History–New 1-11-15.

Chapter 14-121 AIRPORT ZONING AND AIRSPACE PROTECTION

Fla. Admin. Code R. 14-121.001 Purpose, Definitions, and Designation of Signature Authority

(1) Purpose. The purpose of this rule chapter is to promote flight safety by providing airspace protection pursuant to Chapter 333, F.S.

(2) Definitions. For the purposes of this rule chapter the following additional terms are defined:

(a) “Aeronautical study” as defined in section 333.01(1), F.S., means a FAA study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and FAA policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace.

(b) “Agent” means an individual authorized to act on behalf of a person applying to obtain an Airspace Obstruction Permit.

(c) “Airport” as defined in section 333.01(2), F.S., means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose.

(d) “Airport hazard” as defined in section 333.01(3), F.S., means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.

(e) “Airport hazard area” as defined in section 333.01(4), F.S., means any area of land or water upon which an airport hazard might be established.

(f) “Airport land use compatibility zoning” as defined in section 333.01(5), F.S., means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports.

(g) “Airport protection zoning regulations” as defined in section 333.01(8), F.S., means airport zoning regulations governing airport hazards.

(h) “Airport Reference Point” means the latitude and longitude of the approximate geometric center of the airport reported in degrees, minutes, seconds, and ten thousandths of a second latitude and longitude.

(i) “Airspace Determination Letter” means a document issued by the Federal Aviation Administration memorializing the findings of an aeronautical study.

(j) “Airspace Obstruction Permit” means a document approving the proposed construction, alteration, or allowing of an obstruction within an airport hazard area.

(k) “Applicant” means a person that has submitted a complete Airspace Obstruction Permit Application.

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

(m) “FAA” means the Federal Aviation Administration.

(n) “Object” means an above ground or water thing, including, but not limited to, buildings, navigational aids, equipment, vehicles, natural growth, terrain, or aircraft.

(o) “Obstruction” as defined in section 333.01(12), F.S., means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards in 14 C.F.R. part 77, subpart C. The term includes:

Any object of natural growth or terrain;
Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or
Alteration of any permanent or temporary existing structure by a change in the structure’s height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.

(p) “Person” as defined in section 333.01(13), F.S., means any individual, firm, co-partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

(q) “Political subdivision” as defined in section 333.01(14), F.S., means the local government or any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state.

(r) “Public-use airport” as defined in section 333.01(15), F.S., means an airport, publicly or privately owned, licensed by the state, which is open for use by the public.

(s) “Site” means a specific area of land or water where the obstruction is intended to be located.

(t) “Sponsor” means the person ultimately responsible for the construction or alteration of an object.

(u) “Zoning authority” means any county, municipality, town, village, or other subdivision of the state, or any district or special district, port commission, port authority, or other such agency which exercises authority over and grants development permits for the site.

(3) Signature Authority. The State Aviation Manager is authorized to issue Airspace Obstruction Permits subject to the requirements of section 333.025, F.S., and to enforce the provisions of Chapter 333, F.S.

History

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.025 FS. History-New 12-3-24.

Fla. Admin. Code R. 14-121.002 Airport Airspace Obstruction Permitting

(1) Applicability.

Unless specifically exempted by section 333.025(2), (3), or (4), F.S., any person proposing the construction or alteration of an obstruction within a 10-nautical mile radius of the airport reference point of an existing or planned public-use or military airport must obtain a permit from the Department.

(2) Airspace Obstruction Permit Application.

The sponsor shall complete an Airspace Obstruction Permit Application in the form and manner prescribed by the Department. The complete application shall be filed prior to commencing construction or establishment of an obstruction.

(a) The sponsor shall complete the Airspace Obstruction Permit Application by utilizing FDOT Form 725-040-11, effective 11/2024, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-17280, and available at https://www.fdot.gov/aviation. The form shall be submitted by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery to: State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450. All additional supporting documentation required by paragraph (2)(b) and FDOT Form 725-040-11, effective 11/2024, must be submitted with the form to complete the application.

(b) An Airspace Obstruction Permit Application shall include the following documentation:

A photo identification issued by a governmental agency establishing the identity of the sponsor(s) or a certified copy of the official governmental record establishing the sponsor(s) as a person.
If the sponsor is not the landowner, attach a copy of the authorization to construct or lease of land involved.
A certified document establishing an individual as the agent authorized to act on behalf of a sponsor to obtain an Airspace Obstruction Permit, if applicable.
A map or aerial photograph depicting the geographical location of the site.
Detailed scaled drawing at least 11” x 17” showing the following features of the site:

a. Site boundaries; and

b. The type, size, and dimensions of the proposed obstruction.

An executed document from an authorized representative of the zoning authority having jurisdiction over the site stating that the zoning authority does not have airport protection zoning regulations for the site as depicted in the Airspace Obstruction Permit Application.
A map depicting the following:

a. Site boundaries; and

b. Airport reference points for all existing and proposed public-use and military airports within a 10-nautical mile radius of the site.

A copy of the FAA 7460-1 form(s) and all attachments submitted to the FAA for the obstruction.
A copy of the final FAA Airspace Determination Letter(s) for the obstruction.
A certified acknowledgement that the sponsor must install, maintain, and operate at the sponsor’s expense, marking and lighting in conformance with the specific standards established by the FAA in the final FAA Airspace Determination Letter(s).

(3) Review.

The Department will process and determine the approval or disapproval of an Airspace Obstruction Permit Application as follows:

(a) Within 10 days of receipt of a Airspace Obstruction Permit Application, the applicant will be notified of any apparent errors or omissions and any requests for additional information.

(b) An Airspace Obstruction Permit shall be granted only after the Department determines the conditions of section 333.025(6), F.S., are satisfied.

(c) The Department shall, within 30 days after receipt of an Airspace Obstruction Permit Application, issue or deny the Airspace Obstruction Permit.

(d) Following the Department’s decision on the issuance of the Airspace Obstruction Permit, the Department will publish an announcement in the Florida Administrative Register (FAR) to inform any person whose substantial interests will be determined or affected by the issuance of the Airspace Obstruction Permit of their right, pursuant to sections 120.569 and 120.57, F.S., and Rule 28-106.111, F.A.C., to petition for an administrative hearing within 21 days of publication of such notice in the FAR. The Department’s action will become final unless a timely petition for hearing is filed the Department’s Clerk of Agency Proceedings in accordance with the pleading requirements of Rule 28-106.201 or Rule 28-106.301, F.A.C., depending on whether a formal or informal hearing is requested.

(e) If a valid request for administrative hearing is not timely delivered to the Department, the Department’s action on the Airspace Obstruction Permit shall take effect 30 days after the date of its issuance.

(f) If a valid request for administrative hearing is timely delivered to the Department’s Clerk of Agency Proceedings, the Department’s action shall be held in abeyance pending the outcome of the administrative process.

(4) Airport Airspace Obstruction Permit Issuance.

Department approval of the construction or alteration of an obstruction shall be documented by issuance of an Airspace Obstruction Permit, which shall remain valid in accordance with the applicable FAA airspace determination(s).

History

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.025 FS. History-New 12-3-24.

Fla. Admin. Code R. 14-121.003 Political Subdivision Airspace Obstruction Permitting Application Technical Review

(1) Applicability.

Unless specifically exempted by section 333.025(4), F.S., any political subdivisions which have adopted adequate airport protection zoning regulations, placed such regulations on file with the Department’s Aviation Office, and established a permitting process for the construction or alteration of an obstruction shall submit a complete airspace obstruction permit application to the Department to evaluate for technical consistency with section 333.025(4), F.S.

(2) Political Subdivision Airspace Obstruction Permit Application Submission.

The political subdivision shall provide a complete airspace obstruction permit application in the form and manner prescribed by its airport protection zoning regulations to the Department. The complete application shall be submitted by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery to: State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450.

(3) Review.

The Department process for providing technical review of a local airspace obstruction permit application for consistency with section 333.025(4), F.S., will be completed within 15 days of receipt.

(4) Airspace Obstruction Permit Technical Review Comments.

Department findings on technical consistency review of airspace obstruction permit applications pursuant to section 333.025(4), F.S., shall be provided in writing to the local political subdivision for consideration within the 15 day period.

History

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.025 FS. History-New 12-3-24.

Fla. Admin. Code R. 14-121.004 Filing Airport Protection Zoning Regulations

Political subdivisions shall provide a copy of all airport protection zoning regulations and airport land use compatibility zoning regulations, and any related amendments, to the Department’s Aviation Office within 30 days after adoption pursuant to section 333.03, F.S. Regulations shall be submitted to: State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450.

History

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.03, 333.025 FS. History-New 12-3-24.

Fla. Admin. Code R. 14-121.005 Forms

The following form, effective 11/2024, incorporated by reference in Rule 14-121.002, F.A.C., shall be used to apply for an airspace obstruction permit:

FORM NUMBER DATE TITLE

725-040-11 11/2024 Airspace Obstruction Permit Application

A copy of this form may be obtained by contacting the State Aviation Manager, Aviation Office, Florida Department of Transportation, 605 Suwannee Street, MS 46, Tallahassee, Florida 32399-0450, and a copy is also available at https://www.fdot.gov/aviation.

History

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.025 FS. History-New 12-3-24.

Fla. Admin. Code R. 14-121.006 Sunset

The Department intends to repeal the provision of this rule chapter on September 30, 2029, in accordance with the rulemaking requirements of section 150.54, F.S., unless this rule chapter is reviewed and determined to remain necessary prior to such proposed repeal.

History

Rulemaking Authority 333.15, 334.044(2) FS. Law Implemented 333.01, 333.025 FS. History-New 12-3-24.

Division 14B Florida Seaport Transportation and Economic Development Council

Chapter 14B-1 RULES OF PROCEDURE

Fla. Admin. Code R. 14B-1.001 Definitions

(1) “Council” means the Florida Seaport Transportation and Economic Development Council as created in section 311.09(1), F.S.

(2) “Eligible Port” means deepwater ports identified in section 311.07(3)(a), F.S.

(3) “Florida Seaport Mission Plan” means the mission statement developed by the Council pursuant to section 311.09(3), F.S.

(4) “Florida Transportation Plan” means the plan developed by the Department of Transportation pursuant to section 339.155, F.S.

(5) “Matching Funds” for a port transportation project, other than a seaport intermodal access project, means funds provided by a source other than the Florida Department of Transportation which shall, at a minimum, be an amount equal to the program funds.

(a) Matching Funds for seaport intermodal access projects as described in section 341.053, F.S. and identified in the Seaport Mission Plan shall be mutually determined by the Council and the Department of Transportation, provided a minimum of 25 percent of the total project funds shall come from port, local, private, or specifically earmarked federal funds.

(b) Matching Funds for seaport intermodal access projects that involve the dredging or deepening of channels, turning basins, or harbors; or the rehabilitation of wharves, docks, or similar structures shall have a minimum of 25 percent of the total project funds from port, federal, local, or private funds.

(6) “Port Facilities or Port Transportation Projects” are those defined in section 311.07(3)(b), F.S.

(7) “Port Master Plan” means a comprehensive or strategic plan prepared by each eligible deepwater port which addresses existing port facilities and any proposed expansions and adequately addresses the applicable requirements of section 163.3178(2)(k), F.S., or other provisions of the Community Planning Act, part II of chapter 163, F.S.

(8) “Program Funds” means those funds identified in sections 311.07(2) and 320.20(3) and (4), F.S.

(9) “SeaCIP” is a secure, comprehensive capital improvement project and financial management database system designed for use by Council members. It allows for online application submission by seaports and online review and approval of seaport capital improvement projects by Council state agencies. As projects are funded by the Council and progress through the construction phase, the SeaCIP system accepts inputs regarding funds allotted and funds disbursed to the project creating a “real time” financial management tool.

(10) “Statewide Seaport and Waterways System Plan” means the plan developed by the Department of Transportation pursuant to section 311.14, F.S.

History

Rulemaking Authority 311.09(4) FS. Law Implemented 311.07, 311.09, 315.02, 320.20 FS. History–New 12-19-90, Amended 7-13-10, 1-12-16, 8-8-19.

Fla. Admin. Code R. 14B-1.002 Port Project Funding Application Procedures and Requirements

(1) An application shall be accepted only from an eligible port. The port shall apply for the grant by submitting to the Council Application, entitled “Florida Seaport Transportation and Economic Development Project Application,” Form 01-016, revised March 2019, hereby incorporated by reference, at https://www.flrules.org/Gateway/reference.asp?No=Ref-10723. Applications for program funds shall be submitted in electronic format and can be obtained utilizing SeaCIP (www.seacip.com). Applications shall be submitted by the appropriate duly authorized official of such port. The submission deadline for submitting applications for the upcoming Department of Transportation fiscal year funding cycle shall be determined by the Council in consultation with the Department each calendar year and noted in SeaCIP. Applications for other Department of Transportation fiscal funding cycles may be electronically submitted utilizing SeaCIP by an eligible port at any time during the calendar year.

(2) The applicant must demonstrate the proposed port transportation project is consistent, to the maximum extent feasible, with an approved port master plan, local government comprehensive plan and five year schedule of capital improvements. The applicant must include its current updated port master plan as part of the electronic application.

(3) The application shall be accompanied by a map depicting the location of the proposed port transportation project and adjacent properties.

(4) The applicant must demonstrate the project provides an economic benefit and is consistent with the Florida Seaport Mission Plan.

(5) The applicant must demonstrate the project is consistent with the policies and needs contained in the Florida Transportation Plan, the Statewide Seaport and Waterways System Plan, and other relevant statewide, regional and local transporation plans, goals and objectives.

(6) Council staff shall have up to fifteen (15) days from receipt of an application to examine the application and notify the applicant of any apparent errors or omissions and request any relevant additional information. The applicant shall have up to fifteen (15) days from receipt of the request to provide the additional information. The application shall be considered incomplete if the requested information is not provided.

(7) The project information required to be submitted by the applicant port is contained in SeaCIP and includes the following information:

(a) Name of applicant, authorized representative, brief project description, unique project identification number, total project cost, estimated completion date and port priority.

(b) Total funding requested, year of request, state funds requested, local funds available, and source of port matching funds.

(c) Information from the applicant port about its port master plan and local government comprehensive plan so the Department of Economic Opportunity may review the project and determine whether it is consistent, to the maximum extent feasible, with the port master plan and local government comprehensive plan. The applicant must provide an electronic version of its current updated port master plan when submitting the applications.

(d) Economic benefit information related to the project so that the Department of Economic Opportunity can determine whether the project provides an economic benefit to the state and is consistent with the Florida Seaport Mission Plan. For ports with annual operating revenues of $5 million or less seeking funding for certain projects as provided in section 315.02(6), F.S., a statement of eligibility, operating revenues, and economic benefits is required.

(e) Transportation impact information related to the project so that the Department of Transporation can determine the impacts to the state transportation system.

(8) Approved projects shall remain eligible for funding for a period of three calendar years from the date of original Council approval, or for three sequential fiscal-year funding cycles, whichever is greater. Approved projects that have any major change shall require the submission of a new or modified application for consistency review by the Council and agencies. For purposes of this subsection, major change means a deviation from an approved project that is reasonably expected to have any of the following impacts:

(a) Increases the program funds requested for an approved project;

(b) Increases the demand, reduces the capacity or changes the demand or capacity on internal roadways or rail lines by more than 5% of the original estimate;

(c) Leads to a new or substantially different type of facility or project, including any operational change or other changes that impact the reported level of service on any affected roadway, or

(d) Any land acquisition.

History

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10, 1-12-16, 8-8-19.

Fla. Admin. Code R. 14B-1.003 Measuring Economic Benefits

History

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10, Repealed 1-12-16.

Fla. Admin. Code R. 14B-1.004 Determination of Funding; Council/Agency Review

(1) The Council shall evaluate each project’s eligibility for funding, based on the following:

(a) The project is consistent with the approved port master plan, local government comprehensive plan, and five year schedule of capital improvements;

(b) The project is expected to provide an economic benefit through increased cargo flow, cruise passenger movement, international commerce, or port revenues;

(d) The project is ready for acquisition and construction upon receipt of funding;

(e) The project will not adversely affect the competitiveness of other Florida ports;

(f) The seaport system has the capacity to support the project; and,

(g) The applicant has secured matching funds for the project.

The Council will determine which projects are eligible for funding and annually submit to the Secretary of the Department of Transportation and the Executive Director of the Department of Economic Opportunity, a list of eligible projects and the requested funding level for each project.

(2) Pursuant to section 311.09(7), F.S., upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Economic Opportunity shall review the projects to evaluate their economic benefit and consistency with the Florida Seaport Mission Plan and state economic development goals and policies. It is the expectation of the Council that within forty-five (45) days of receipt of the list of projects and supporting applications, the Department of Economic Opportunity will notify the Council of those projects which are consistent. Should additional information be requested from one or more applicants to evaluate project consistency, the time limit for the Department of Economic Opportunity’s review and notice to the Council may be extended up to fifteen (15) days following receipt of the requested information.

(3) Pursuant to section 311.09(6), F.S., upon receipt of the list of eligible projects approved by the Council and the appropriate related project information, the Department of Transportation shall review the projects for consistency with the Florida Transportation Plan and the Statewide Seaport and Waterways System Plan. It is the expectation of the Council that within forty-five (45) days of receipt of the list of projects and supporting applications, the Department of Transportation will notify the Council of those projects which are consistent. When additional information is requested from one or more applicants to evaluate project consistency, the time limit for the Department of Transportation’s review and notice to the Council may be extended up to fifteen (15) days following receipt of the requested information.

(4) Pursuant to section 311.09(10), F.S., a member of the Council from the Department of Economic Opportunity or the Department of Transportation may vote to overrule any action of the Council which approves a project pursuant to subsection (1). Any action to overrule a project shall be taken prior to, or at, the Council meeting at which the project is approved for submission to the Department of Transportation for funding. A vote overruling an action of the Council shall be in writing, give specific reasons for overruling the Council, and be considered final agency action for purposes of chapter 120, F.S.

History

Rulemaking Authority 311.09(4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10, 1-12-16, 8-8-19.

Fla. Admin. Code R. 14B-1.005 Council Procedures

(1) The Council shall prioritize and allocate funding to seaports for approved projects at the Council meeting and in accordance with the following criteria:

(a) Consistency reviews performed by the Department of Transportation and the Department of Economic Opportunity and the economic benefit review performed by Department of Economic Opportunity.

(b) The goals and objectives of the Florida Seaport Mission Plan.

(d) Importance of a project to support or maintain existing cargo, trade or passenger movements at the applicant port.

(e) Revenues or funds available at the applicant port to ensure that the port meets its matching fund requirement and to ensure that the project is initiated within the funding year in which the project is approved.

(f) The overall 5-year capital improvement needs of each applicant port.

(g) The ability of the port to finance port improvements through other sources.

(h) Fairness in achieving balanced support for each port’s priorities, objectives and goals in a 5-year capital improvement program.

(i) Each port’s recommendations concerning its funding needs.

(2) A majority vote of the Council members present is sufficient to prioritize and allocate funding to seaports for all approved projects. A majority vote of the Council members present is sufficient to disapprove funding for a specific port transportation project.

(3) Council staff shall submit a summary of port transportation projects with pertinent information to the Council members no less than five (5) working days prior to the date of the meeting at which time projects will be considered for funding approval.

(4) Eligible ports whose transportation projects are not recommended for funding in any given year may reapply for subsequent funding consideration by the Council.

History

Rulemaking Authority 311.09(2), (4) FS. Law Implemented 311.09 FS. History–New 12-19-90, Amended 7-13-10, 1-12-16.

Fla. Admin. Code R. 14B-1.006 Eligible Port Funding Requirements

Program funds received by eligible ports shall be expended only on eligible costs associated with projects listed in section 311.07(3)(b), F.S.

(1) Eligible costs include:

(a) Design and engineering, permitting, environmental mitigation, construction of the port transportation project, right-of-way acquisition, relocation of electrical utilities, drainage, railroad spurs, water lines, sewer lines, and other infrastructure costs associated with construction of the project.

(b) Improvements or fixtures constructed or placed on leased property, however, the useful life of the improvements or fixtures shall be equal to or less than the length of the lease, or so long as the improvements or fixtures remain under the control and use of the ports after the termination of the lease.

Market intelligence;
Economic activity;
Economic and natural resources;
Transportation infrastructure;
Navigational and shipping issues;
Environmental issues.

(2) Costs associated with preparation of the application or administration of project funds are not eligible costs.

(3) If program funds are not expended on eligible costs, the port shall immediately reimburse the Council for the ineligible costs.

History

Rulemaking Authority 311.09(4) FS. Law Implemented 311.07, 320.20(3), (4) FS. History–New 12-19-90, Amended 7-13-10, 1-12-16.

Fla. Admin. Code R. 14B-1.007 Reporting Requirements

History

Rulemaking Authority 120.53, 311.09(4) FS. Law Implemented 311.07 FS. History–New 12-19-90, Repealed 7-13-10.

Fla. Admin. Code R. 14B-1.008 Seaport Security Grant Program

(1) Contingent upon available appropriated funds, the Council shall announce the availability of Seaport Security Grant program funds and the deadline for grant request submissions on the Florida Port Council website at flaports.org. The grant request submission period must be for a period of not less than thirty (30) days.

(2) Grant request submissions shall be accepted only from a port listed in section 311.09(1), F.S. The port shall apply for the grant by submitting a formal written statement on port letterhead to the Chairman of the Florida Seaport Transportation and Economic Development Council, signed by the authorized representative of the port. The statement must provide the following information:

(a) A description of the proposed security enhancements. Security plans are confidential in accordance with section 311.13, F.S., and will not be copied as part of the application process.

(b) An explanation of how the security enhancements will improve the port’s ability to screen cargo and/or passengers and notify local, state, and federal law enforcement of potential security risks.

(d) A commitment to provide a minimum of 25% of the total cost of the security enhancement project and identification of the source of those funds.

(3) The Seaport Security Advisory Committee will review all submissions from qualified ports complete applications and make recommendations to the Council for grant approvals based on the following:

(a) The project assists in the implementation of security plans and security measures at the port;

(b) The project is expected to enhance communication with local, state, and federal law enforcement;

(d) The applicant has secured matching funds of at least 25% of the total cost of the project.

(4) Recommendations of the Seaport Security Advisory Committee will be provided to the Council. The Council shall prioritize and allocate funding to seaports for approved projects at the Council meeting. A majority vote of the Council members present is sufficient to prioritize and allocate funding to seaports for all approved projects. A majority vote of the Council members present is sufficient to disapprove funding for a specific port security project.

History

Rulemaking Authority 311.12(6) FS. Law Implemented 311.12 FS. History–New 6-19-17.

Chapter 14B-2 SMALL COUNTY DREDGING GRANT PROGRAM

Fla. Admin. Code R. 14B-2.001 Definitions

(1) “Council” means the Florida Seaport Transportation and Economic Development Council as defined in Section 311.09(1), F.S.

(2) “Dredging Project” means a project to dredge or deepen channels, turning basins, or harbors.

(3) “Eligible Costs” means costs that are specifically required to initiate or complete a dredging project. Examples of eligible costs include: dredging and dredging machinery costs, design and engineering, permitting costs, environmental mitigation, and other infrastructure costs associated with the dredging project.

(4) “Eligible Port” means a port authority, as defined in Section 315.02(2), F.S., in a county having a population of less than 300,000, according to the last official census, that complies with the permitting requirements in Part IV of Chapter 373, F.S., and the local financial management and reporting provisions of Part III of Chapter 218, F.S.

(5) “Matching Funds” means those funds provided by the eligible port from any source other than the Florida Department of Transportation which shall, at a minimum, be 25 percent of the total cost for the dredging project.

(6) “Program Funds” means those funds appropriated specifically for small county dredging projects in the annual appropriations bill passed by the Legislature and approved by the Governor.

History

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Amended 1-12-16.

Fla. Admin. Code R. 14B-2.002 Dredging Project Funding Application Procedures and Requirements

(1) Contingent upon available appropriated funds, the Council shall announce the availability of Small County Dredging Grant program funds and the application deadline on the Florida Port Council website at flaports.org. The application submission period must be for a period of not less than thirty (30) days.

(2) An application shall be accepted only from an eligible port. The eligible port shall apply for the grant by electronically submitting an application entitled “Florida Seaport Transportation and Economic Development Project Application,” Form 01-016, hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-06097, effective October, 2015 utilizing SeaCIP (www.seacip.com). Applications shall be submitted by the authorized representative of such port.

(3) Council staff will have fifteen (15) days from the application submission deadline to examine the application and notify the applicant of any apparent errors or omissions and to request any needed additional information. The applicant shall then have fifteen (15) days from receipt of the request to provide the additional information. The application shall not be considered to be properly completed if the additional information is not provided.

History

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Amended 1-12-16.

Fla. Admin. Code R. 14B-2.003 Measuring Economic Benefits

History

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Repealed 1-12-16.

Fla. Admin. Code R. 14B-2.004 Determination of Funding; Project Review Council/Agency Review

(1) Complete applications submitted by eligible ports will be provided to the Secretary of Transportation and the Executive Director of the Department of Economic Opportunity within 60 days of the application deadline for their review pursuant to this section.

(2)(a) Upon receipt of the applications the Department of Transportation shall review the projects for consistency with the Florida Transportation Plan provided in Section 339.155, F.S., and the Statewide Seaport and Waterways Systems Plan provided in Section 311.14, F.S. Within forty-five (45) days from receipt of the application, the Department of Transportation will notify the Council whether the project is ineligible for funding due to inconsistency with the above listed plans. Should additional information be requested from one or more applicants to evaluate consistency, the time limit for the review and notice to the Council shall be extended fifteen (15) days following receipt of the requested information.

(b) The Department of Economic Opportunity shall review the projects for consistency with the Florida Seaport Mission Plan as provided in Section 311.09(3), F.S., the Port Master Plan as provided in Section 163.3178(2)(k), F.S., and the local government comprehensive plan. The Department of Economic Opportunity will further evaluate the economic benefit of each project based upon the potential for the proposed project to increase or maintain cargo flow, domestic and international commerce, port revenues, and the number of jobs for the port’s local community. Within forty-five (45) days from receipt of the applications, the Department of Economic Opportunity shall notify the Council whether the projects are eligible for funding or ineligible due to inconsistency with any of the above listed plans or lack of economic benefit. Should additional information be requested from one or more applicants to evaluate conflicts or economic benefit, the time limit for the review and notice to the Council shall be extended fifteen (15) days following receipt of the requested information.

(3) The Council shall review the findings of the Department of Economic Opportunity and the Department of Transportation, and cast a vote to approve or disapprove funding for projects found eligible by the above agencies. Projects found to be inconsistent pursuant to paragraph (2)(a) or (b), or lacking an economic benefit shall not be eligible for program funds. If enough appropriated funds are available to provide program funds to all eligible projects, the Council shall recommend funding for all projects found eligible pursuant to this rule section. If an adequate amount of appropriated funds are not available, the Council shall prioritize appropriated funds to those projects providing the greatest economic benefit.

(4) The Council shall submit to the Department of Transportation a list of approved projects for funding. Additionally, the Council shall submit to the department a list of unfunded eligible projects that should receive additional program funds if such funds were made available in the next fiscal year.

History

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Amended 1-12-16.

Fla. Admin. Code R. 14B-2.005 Council Procedures

The Council shall allocate program funds for approved projects. A majority vote of the voting Council members present is sufficient to approve funding for a specific port dredging project and is sufficient for the Council to allocate funding for all approved projects. A majority vote of the voting Council members present is sufficient to disapprove funding for a specific port dredging project.

History

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Amended 1-12-16.

Fla. Admin. Code R. 14B-2.006 Eligible Port Funding Requirements

(1) Any project that receives funds pursuant to Section 311.22, F.S., shall be subject to a final audit pursuant to Department of Transportation rules and regulations.

(2) Funds received by eligible ports shall be expended on eligible costs only. If program funds are not expended on eligible costs, then the port shall immediately reimburse the Council for its share of the ineligible expenditures.

(3) Eligible ports awarded program funds shall enter into a written Joint Participation Agreement (JPA) with the Department of Transportation. The Department of Transportation will reimburse the eligible port an amount equal to the amount approved by the Council on an approved project. This reimbursement will be made upon receipt of an invoice showing total eligible costs incurred to date, less reimbursements received to date. These reimbursements will be made in compliance with the payment requirements set forth in Section 215.422, F.S. The final reimbursement to the port will be released upon the satisfactory completion of a final audit conducted by the Florida Department of Transportation.

(4) Eligible ports awarded program funds shall pay an administrative fee to the Council for the administration of the small county dredging program, based upon each recipient’s share of the funds. The administrative fee shall be paid in its total amount by the recipient port upon execution by the port and the Department of Transportation of a joint participation agreement. The Council shall vote on and set such fee at a properly noticed public hearing of the Council.

History

Rulemaking Authority 311.22 FS. Law Implemented 311.07(5), 311.09(11), 311.22 FS. History–New 4-23-06, Amended 1-12-16.

Fla. Admin. Code R. 14B-2.007 Reporting Requirements

History

Rulemaking Authority 311.22 FS. Law Implemented 311.22 FS. History–New 4-23-06, Repealed 1-12-16.