Published on: 10324503. that on August 15, 2011, the Department of Transportation entered an Order Denying Petition for Emergency Waiver. On July 11, 2011, William Najmark filed a petition asking for emergency waiver from the provisions of Rule 14-96.016, F.A.C., requiring the owner or authorized agent to maintain their portion of a driveway connection. Notice of the Petition for Emergency Waiver requesting the Department to repair a portion of its right of way adjacent to his property and control any flooding onto his property was published in the July 22, 2011, edition of the Florida Administrative Weekly. Petitioner’s request for an emergency waiver is denied. Petitioner’s request neither provided facts constituting an emergency, nor facts verifying that he was a person subject to regulation. Moreover, Petitioner failed to demonstrate that the purpose of the underlying statute will be or has been achieved and that application of the rule would create a substantial hardship or that principles of fairness would be violated.
Published on: 10128272. emergency waiver from William Najmark seeking a waiver from the provisions of Rule 14-96.016, F.A.C., requiring for the owner or authorized agent to maintain their portion of a driveway connection area. Mr. Najmark proposes the Department grant a onetime waiver of this requirement and requests the Department to repair a portion of its right of way adjacent to his property and control any flooding onto his property.