Section 14-20.003 - Placement of SheltersThe 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.Fla. Admin. Code Ann. R. 14-20.003
Rulemaking Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 337.408 FS.
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, 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 12-11-79, 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.