1. (1) Definitions for Use in Part III.

   1. (a) “Applicant” means any person or local governmental entity requesting a rail corridor opening or closure on a Department-owned inactive rail corridor.
   2. (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 HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-02403"
      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.
   3. (c) “Active Rail Corridor” means Department-owned lineal property acquired from a railroad that is operational for the use of rail transportation.
   4. (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.
   5. (e) “Department” means the Florida Department of Transportation.
   6. (f) “Local Governmental Entity” means as defined in Section 334.03, F.S.
   7. (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.
   8. (h) “State Highway” means a component of the State Highway System as defined in Section 334.03, F.S.
2. (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. (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.

   1. (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:

      1. 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.

      2. A demonstrated transportation need on the part of the public for the rail corridor crossing.

      3. Consistency with the applicable Metropolitan Planning Organization (MPO) long range plans and local governmental entity comprehensive plans.

      4. Closure of an existing public rail corridor crossing for each new public rail corridor crossing.

      5. Construction of the crossing in a way that is compatible with the present and future planned use of the rail corridor.

      6. 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.

   2. (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:

      1. The private property must have no other legal access, including no access to frontage roads that exist or that could be cost-effectively constructed.

      2. The new private rail corridor crossing will be consistent with applicable MPO long range plans and local governmental entity comprehensive plans.

      3. 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.

      4. 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.

      5. 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. (4) Installation of a Rail Corridor Crossing on Inactive Rail Corridors.

   1. (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.
   2. (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.
   3. (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.

   4. (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.

      1. 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.

      2. 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.

      3. 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.

      4. 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.

      5. 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.

      6. 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.

   5. (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.
   6. (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.
   7. (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.
   8. (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.

   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.

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.