(1) Purpose. To establish the degree of Department and railroad participation in the cost of public railroad-highway grade crossings.
    (2) Installation and Modification. The method of determining responsibility for installation or modification costs shall be as follows: At all public railroad-highway grade crossings, the method of determining railroad responsibility will be in accordance with the Federal Highway Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I, January 31, 2002, Transmittal 30, incorporated herein by reference. To obtain copies of this document, go to http://www.fhwa.dot.gov/legregs/directives/cfr23toc.htm.
    (3) Maintenance. The method of determining participation in public railroad-highway grade crossing maintenance costs shall be as follows:
    (a) Grade Crossing Traffic Control Devices. The Department shall participate in 50% of the cost of maintaining grade crossing traffic control devices so long as the devices are located on the State Highway System.
    (b) Travel Way. When the grade crossing is located on the State Highway System, the railroad shall be responsible for the maintenance cost of all trackbed and rail components, and the highway roadbed for the width of the rail ties within the crossing area. The Department shall be responsible for the maintenance cost of the highway roadbed outside of the railway ties on crossings where the railroad has a property interest. The railroad shall be responsible for the maintenance cost of the highway roadbed where the crossing occupies public right of way.
    (c) Grade Separation Structures. The Department shall be responsible for the maintenance cost of railroad overpasses when the structure is located on the State Highway System and carries highway traffic over a railroad. The railroad shall be responsible for the maintenance cost of railroad underpasses which carry highway traffic under a railroad.
Rulemaking Authority Florida Statutes § 334.044(2). Law Implemented Florida Statutes § 335.141. History—New 3-16-03, Amended 10-9-11.