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:
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 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.
