14-96.003. General Provisions

(1) Local Permits and Approvals. Connection permits authorize the initiation of construction of connections within Department right of way and the maintenance of connection(s) according to the permit provisions and adopted department standards. It is the responsibility of the applicant or permittee to obtain any other local permits or other agency approvals that may be required before the initiation of the connection construction. No person may construct, relocate, or alter a connection temporarily or permanently without first obtaining a connection permit from the Department, as provided in this rule chapter, regardless of governmental entity permits and approvals.

(2) Pre-Application. Prior to filing an application and prior to receipt of development or site plan approval, all applicants applying for a Category C, D, E, F, or G connection are required to request a pre-application meeting to review the site plan with the Department and other governmental entities, as appropriate, with respect to the proposed connection(s)’ location. This review will be performed by the Department without a fee.

(a) Purpose of Pre-Application Meeting. The purpose of the pre-application meeting is to establish the connection(s) category and the general location and design of connection(s) to the property. Traffic study requirements may also be determined during this meeting.

(b) Non-Binding Nature of the Pre-Application Meeting. The pre-application meeting is advisory only and the results of this meeting are not binding on the Department or the applicant. An application must be submitted and a connection permit must be issued before the applicant can initiate construction.

(3) Cost of Construction.

(a) The cost of all construction related to the permit shall be the responsibility of the applicant.

(b) Existing permitted connections affected by the Department’s construction activities and which require relocation, alteration, closure, or safety upgrade in order to meet Department standards shall be relocated, altered, closed, or upgraded for safety by the Department at no cost to the permittee.

(4) Traffic Control Features and Devices in the State Right of Way. Traffic Control Features and Devices in the right of way, such as traffic signals, channelizing islands, medians, median openings, and turn lanes are operational and safety characteristics of the State Highway System and are not means of access. The Department may install, remove, or modify any present or future traffic control feature or device in the right of way to promote traffic safety in the right of way or promote efficient traffic operations on the highway. A connection permit is only issued for connections and not for any present or future traffic control features or devices at or near the permitted connections. The permit may describe these features and/or devices, but such description does not create any type of interest in such features. An Intersection Control Evaluation (ICE) analysis is required when a single connection generates 4,001 ADT or more under E, F, or G standard connection categories, or when an Applicant proposes a connection permit with:

(a) Major reconstruction of an existing signalized intersection.

(b) A change to a full median opening from a directional or bi-direction median opening.

(c) The removal, installation, or modification of traffic signal.

(d) The District Design Engineer (DDE) and District Traffic Operations Engineer (DTOE) consider an Ice a good fit for the project.

Information for the ICE analysis is avialable from the Department of Transportation’s One Stop Permitting internet site as https://osp.fdot.gov.

(5) Other Review Processes. The Department shall not be obligated to permit or approve any connection, traffic control feature or device, or any other site related improvement that has been specified in a development approval process separate from the official connection approval process described in this rule chapter. However, early coordination may minimize conflicts at application time.

(6) Alternative Access Plans. If the requirements of Rule Chapter 14-97, F.A.C., or other adopted Department access management standards, cannot be reasonably complied with, or if the standards can be met but the applicant desires to submit an alternative plan, the applicant may submit alternative access plans which will require approval or denial by the Department’s District Office Access Management Review Committee (AMRC). The acceptance of any alternative access plans shall be contingent upon maximum achievement of the purpose of Rule Chapter 14-97, F.A.C., and Sections 335.18-.188, F.S. For the Department to consider an alternative access plan proposed under this section, the Applicant shall provide documentation, in the form of a traffic study signed and sealed by a Professional Engineer licensed in the State of Florida describing how the plan serves the driving public and not just the applicant or its clients or customers. Prior to the approval or denial of any alternative plan, the Department will also consider the transportation conditions stated in Section 335.184(3)(a), F.S. See also, subparagraph 14-96.007(4)(a)2. and Rule 14-96.009, F.A.C.

(7) Limited Access Facilities. Owners of property abutting limited access facilities have no right of access to such facilities. Requests for any access (such as new interchanges) to limited access facilities will not be processed under this rule chapter.

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.18-.188 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 4-2-23.