Florida Regulations 14-96.008: Construction and Maintenance of Traffic Requirements
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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 Fl. Admin. Code R. 14-15.010 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 Fl. Admin. Code R. 14-15.010, 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 Florida Statutes § 335.185(2) 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 Florida Statutes § 334.187, 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:
1. An unpermitted connection that is going through the process of becoming permitted;
2. The correction of a safety hazard caused by activities on the property; or
3. Modification of an existing connection or traffic control feature or device as per Fl. Admin. Code R. 14-96.011, 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 Fl. Admin. Code R. 14-15.010, shall conform to the MUTCD, incorporated by reference in Fl. Admin. Code R. 14-15.010, 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 Fl. Admin. Code Chapter 14-96, 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 Florida Statutes Chapter 556, before commencing construction. The Permittee shall also resolve any conflicts within the right of way. At its own cost and expense.
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.
Terms Used In Florida Regulations 14-96.008
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
(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 Florida Statutes § 335.185(2) 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 Florida Statutes § 334.187, 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:
1. An unpermitted connection that is going through the process of becoming permitted;
2. The correction of a safety hazard caused by activities on the property; or
3. Modification of an existing connection or traffic control feature or device as per Fl. Admin. Code R. 14-96.011, 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 Fl. Admin. Code R. 14-15.010, shall conform to the MUTCD, incorporated by reference in Fl. Admin. Code R. 14-15.010, 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 Fl. Admin. Code Chapter 14-96, 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 Florida Statutes Chapter 556, before commencing construction. The Permittee shall also resolve any conflicts within the right of way. At its own cost and expense.
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.