Fla. Admin. Code Ann. 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.

Notes

Fla. Admin. Code Ann. R. 14-20.0032

Rulemaking Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 337.408 FS.

New 12-26-90, Amended 8-11-92, 5-15-97, 7-16-98, 5-25-08, Amended by Florida Register Volume 42, Number 125, June 28, 2016 effective 7/13/2016, Amended by Florida Register Volume 49, Number 001, January 3, 2023 effective 1/18/2023.

New 12-26-90, Amended 8-11-92, 5-15-97, 7-16-98, 5-25-08, 7-13-16, 1-18-23.