Forms, Definitions, Application, Application Submittal, Review, Approval, and Conditions, Construction and Maintenance of Traffic Requirements, Modification of Connections

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-96.0011Forms

14-96.002Definitions

14-96.005Application

14-96.007Application Submittal, Review, Approval, and Conditions

14-96.008Construction and Maintenance of Traffic Requirements

14-96.011Modification of Connections

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 195, October 6, 2022 issue of the Florida Administrative Register.

The Department received written comments from the Joint Administrative Procedures Committee on the proposed revisions to Rule Chapter 14-96, F.A.C.

 

THE FULL TEXT OF THE PROPOSED RULE WILL NOW READ:

 

14-96.0011 Forms.

The following forms shall be used in the connection application administrative process and are incorporated by reference in the rules specified below and made a part of the rules of the Department:

Form Name and Link to Online Form	Form Number	Date
Driveway/Connection Application for All Categories http://www.flrules.org/Gateway/reference.asp?No=Ref-14632	850-040-15   Incorporated by reference in Rule 14-96.005, F.A.C.	08/22
Receipt of Connection Application and Fee (or Waiver of Fee) http://www.flrules.org/Gateway/reference.asp?No=Ref-14633	850-040-16	08/22
Record of Waived Requirements for All Categories http://www.flrules.org/Gateway/reference.asp?No=Ref-14634	850-040-17	08/22
Driveway Connection Permit for All Categories http://www.flrules.org/Gateway/reference.asp?No=Ref-14635	850-040-18   Incorporated by reference in Rule 14-96.007, F.A.C.	08/22
Record Drawings Report by Permittee’s Professional Engineer http://www.flrules.org/Gateway/reference.asp?No=Ref-14636	850-040-19   Incorporated by reference in Rule 14-96.008, F.A.C.	08/22
Security Instrument Receipt http://www.flrules.org/Gateway/reference.asp?No=Ref-14637	850-040-20   Incorporated by reference in Rule 14-96.008, F.A.C.	08/22
State Highway Access Connection Completeness Review http://www.flrules.org/Gateway/reference.asp?No=Ref-14638	850-040-21   Incorporated by reference in Rule 14-96.007, F.A.C.	08/22
Applicant Time Extension Form http://www.flrules.org/Gateway/reference.asp?No=Ref-14639	850-040-22   Incorporated by reference in Rule 14-96.007, F.A.C.	08/22
Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit http://www.flrules.org/Gateway/reference.asp?No=Ref-14640	850-040-23   Incorporated by reference in Rule 14-96.007, F.A.C.	08/22
Proposed State Highway Access Connection Notice of Intent to Issue Permit http://www.flrules.org/Gateway/reference.asp?No=Ref-14641	850-040-24   Incorporated by reference in Rule 14-96.007, F.A.C.	08/22
Violation and Notice to Show Cause http://www.flrules.org/Gateway/reference.asp?No=Ref-14642	850-040-26   Incorporated by reference in Rule 14-96.007, F.A.C.	08/22

 

These forms are available from the Department of Transportation’s One Stop Permitting internet site at  (https://osp.fdot.gov) and may be completed and submitted electronically. Hardcopies of the forms are available upon request from the local area Maintenance Office, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), (28), 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, 12-28-03, 7-2-06 ______.

 

14-96.002 Definitions.

No change.

(1) “Applicant” means the person submitting a Driveway/Connection Application for All Categories, Form 850-040-15, (08/22), as incorporated by reference in Rule 14-96.005 14-96.0011, F.A.C. An applicant may be a property owner or the owner’s authorized agent. The Department will also accept a driveway connection application by a person holding an unrecorded interest in the property, such as a lease, that includes the right of access to the property, upon written proof of authorization from the property owner to submit the application executed before a notary public.

(2) “Application” means a completed Driveway/Connection Application for All Categories, Form 850-040-15, (08/22), as incorporated by reference in Rule 14-96.005 14-96.0011, F.A.C.,  the required application fee, and related property, site, driveway, roadway and traffic information required in this rule chapter.

(3) through (36) No change.

(37) “Trip Generation” means the number of trips, existing or projected, based on actual counts or the estimation methodology in the 11th Edition of the Institute of Transportation Engineers Trip Generation Manual as incorporated by reference in Rule 14-96.005, F.A.C., or other generally accepted professional practice.

(38)  No change.

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 335.18-.188 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03 ______.

 

14-96.005 Application.

(1) Connection Permit Application and Information. The Driveway/Connection Application for All Categories, Form 850-040-15, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15106, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C.,. Form 850-040-15 and application information are available electronically from the Department of Transportation’s One-Stop Permitting internet site at (https://osp.fdot.gov), and may be completed and submitted electronically. A copy of this form is also available upon request or from the office of the local area Maintenance Engineer, District Office, or Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. A complete application shall consist of the Connection Permit Application, (with original signatures, the number of signatures to be determined by the District staff) application fee, site plans, drawings, traffic data, and connection and roadway information specified in this rule chapter.

(a) through (e) No change.

(2) No change.

(a) No change.

(b) Failure to contact the Department to determine the need for connection modifications or to submit a new application for such modifications prior to initiation of property improvements, land use changes, or traffic flow alteration actions which constitute significant change will result in notification to the property owner of the Department’s intent to revoke or modify the existing permit and closure of the connection to the property as specified in Rule subsection 14-96.011(2), F.A.C.

(c) and (d) No change.

(3) No change.

(4) No change:

(a) Multimodal Trip generation data. The applicant will estimate the site’s Average Daily Traffic (ADT) consisting of the average number of vehicles, anticipated to use the connection(s) on an average day and peak hour or daily trip generation of pedestrians, bicyclists, transit, to identify impacts of the development generated traffic onto the existing multimodal network; and provide appropriate mitigation for safe and efficient movement of pedestrians, bicyclists, transit, and vehicles. The peak hour(s) will be proposed at the time of application or conceptual review based on the most critical hour(s) for the proposed property use. This determination of the most critical peak hour(s) will be made considering both the peaking characteristics of the proposed site and the surrounding road system. Estimates shall be made in accordance with the 11th edition of the Trip Generation Manual, published by the Institute of Transportation Engineers, and available for purchase at www.ite.org. The 11th Edition of the Trip General Manual is hereby incorporated by reference, effective date 08/22. Posting of this manual for public inspection would violate federal copyright law.  A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida, and at the Florida Department of State, Administrative Code and Register Section, Room 701, the Capitol, Tallahassee, Florida 32399. If the Department determines, that the trip generation data provided by the applicant are not accurate or not realistic, the Department will require further trip generation analysis signed, sealed and dated by a Professional Engineer licensed in the State of Florida.

(b) through (d) No change.

(e) A traffic control plan (TCP) for construction activity shall be in conformance with the Federal Manual on Uniform Traffic Control Devices, incorporated by reference in Rule 14-15.010, F.A.C., and Generally Accepted Professional Practice. The Applicant must either cite to an unmodified Department Design Standard Plan Index TCP (contained within Design Standard Series 102, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15117,  effective 08/22), or submit a TCP signed and sealed by a Professional Engineer licensed in the State of Florida. A copy of Design Standard Series 102 is available upon request from the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida 32399. The 2021 FDOT Design Manual, Chapter 215 (Roadside Safety), provides guidance to the Design Standard Series 102 and is incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15116, effective 08/22, and available at  https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/roadway/fdm/2021/2021fdm215roadsidesafety.pdf?.

(5) Traffic Study Requirements. For Category C, D, E, F, and G applications, or any application requesting or requiring a new traffic signal, new median opening, auxiliary lane, or modified median opening, the following traffic study data requirements apply.  The specific detail and content of the traffic study will vary depending upon the existing and projected traffic volumes, highway capacity, levels of service, and safety concerns. Any traffic study (except a cursory analysis, such as an indication of peak hour movements from the applicant’s site) must be signed, dated, and sealed by a qualified, licensed Florida Professional Engineer. The traffic study must include:

(a)1. Critical peak hour vehicular turn movements from each proposed connection and abutting public road in graphic form.

(b)2. Bicycle and pedestrian trip generation for the critical peak hour.

(c)3. Vehicular and non-vehicular traffic operations analysis of the impacts of the development on the surrounding transportation system and consistent with the FDOT Transportation Site Impact Handbook, October 2019, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14944, effective 08/22, and available at https://www.fdot.gov/publications/publications.shtm.

(d)4. An appropriately sized study area and time horizon based upon the type and size of the development.

(6)(a) Category C Exemptions. Category C applicants are exempt from some of the requirements listed above if the applicant can show that the information would have no significant bearing on the permitting decision process. 

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 334.044(28), 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03 ______.

 

14-96.007 Application Submittal, Review, Approval, and Conditions.

(1) No change.

(2) Application Completeness Review. The Department shall notify the applicant within 30 days of submittal, using State Highway Access Connection Completeness Review, Form 850-040-21, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14638, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C., if additional information is needed, or if there are errors or omissions. Form 850-040-21 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. This notification will list those items needed to complete the application, consistent with the requirements of this rule chapter or additional information needed to evaluate the application. If such a request for additional information is given to an applicant within the 30-day period, the application will be deemed incomplete until the additional requested information is supplied to the Department. An application that requires a fee will not be accepted without the fee.

(a) through (c) No change.

(3) Applicant Time Extension. If the applicant needs more time to provide additional information or correct deficiencies in the application than allowed under this rule chapter, then the applicant may request a waiver of the time requirements by stating the reasons in writing on an Applicant Time Extension Form, Form 850-040-22, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14639, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C. Form 850-040-22 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(4) No change.

(a) Notice of Intent to Issue Permit. The Department shall send the applicant a Proposed State Highway Access Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), incorporated by reference at

http://www.flrules.org/Gateway/reference.asp?No=Ref-14641, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C., if either:

1. The Department determines that an application is consistent with Rule Chapters 14-96 and 14-97, F.A.C., and there is no need to exceed the minimum standards as stated in subsection Rule 14-97.003(1), F.A.C.; or

2. The Department determines that an application is not consistent with Rule Chapters 14-96 and 14-97, F.A.C., but that denial of a connection would be denial of reasonable access and, in the Department’s sole discretion, the requested connection would not jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway, consistent with Rule 14-96.007, F.A.C. Upon satisfactory completion of the conditions listed in the Notice of Intent to Issue Permit, only a non-conforming permit can be issued in accordance with Rule 14-96.009, F.A.C. Notice of Intent to Issue Permit, Form 850-040-24, is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(b) No change.

(c) Notice of Intent to Deny. The Department shall send the applicant Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14640, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C., if the application is not consistent with currently adopted Department rules and design standards or additional site specific operations and safety concerns as stated in subsection Rule 14-97.003(1), F.A.C., apply, and;

1. No change.

2. The Department determines that denial of a connection would jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway. Notice of Intent to Deny Permit, Form 850-040-23, is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(d) No change.

(e) Agreements made after Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, (08/22), as incorporated by reference in paragraph (4)(c) Rule 14-96.0011, F.A.C., is issued. If an agreement is made between an applicant and the Department which will allow the Department to approve a connection, this agreement will not be effective nor supersede the Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, (08/22), as incorporated by reference in paragraph (4)(c) Rule 14-96.0011, F.A.C., unless it is in writing, executed by the applicant and the Department, and appropriate revisions are reflected on signed and sealed construction plans before the time period allowed for a denial challenge has expired. The agreement will completely describe the mutually agreed access plan and include construction plans signed and sealed by a Professional Engineer licensed in the State of Florida.

(5) Conditions of the Notice of Intent to Issue Permit. The Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a)  Rule 14-96.0011, F.A.C., shall set forth all conditions not otherwise required by this rule chapter for issuance of a permit and maintenance of the connection(s). The notice will specify which of the conditions set forth in the notice must be met before issuance of a permit and those that must be met after the permit is issued.

(a) Not a Permit. The Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C., does not authorize the initiation of connection construction within the Department right of way but acknowledges completion of the Department review and indicates the Department’s intent to issue a permit upon compliance with the conditions stated in the Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C.

(b) Time Period. A Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C., is valid for one year and may not be revoked during that period, provided that no material change has occurred in the proposed development or traffic characteristics on the abutting State Highway System. The Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C., may be extended, upon Department approval, upon a showing of good cause by the applicant (such as weather delays, natural disasters, governmental entity coordination delays, or other technical problems not within the control of the applicant). A Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C., may be assigned to a purchaser or new occupant within one year of issuance if there is no change in the land use or in the site plan and the Department is notified of the reassignment by the original applicant.

(c) Standard Conditions. The following standard conditions will apply to all Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C., before a connection permit can be issued:

1. Development approval from the appropriate governmental entity consistent with the Proposed State Highway Access Driveway/Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C.;

2. through 6. No change.

7. No change.

a. A list of the names and mailing addresses of all real property owners whose property lies in whole or in part within 300 feet of either side of the centerline of the proposed facility including all neighboring connections as described in subparagraph Rule 14-96.005(4)(b)5., F.A.C., who have been provided a letter of notification.  If the property is leased to a residential tenant with exclusive use of the parcel or to a commercial tenant(s), the list will also include the name and mailing address of the tenant(s). 

b. through d. No change.

(6) Issuance of Permit. A Driveway Connection Permit for All Categories, Form 850-040-18, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14635, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C., will be issued after the applicant provides satisfactory evidence of compliance with all conditions that must be met before issuance of a permit. A Driveway Connection Permit for All Categories, Form 850-040-18, is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. A permit shall be subject to all the conditions set forth in the Proposed State Highway Access Connection Notice of Intent to Issue Permit, Form 850-040-24, (08/22), as incorporated by reference in paragraph (4)(a) Rule 14-96.0011, F.A.C. A permit authorizes construction for one year from the date of issuance and expires if construction of the connection is not completed within that period.

(a) and (b) No change.

(7) through (9) No change.

Rulemaking Authority 334.044(2), 334.187(4), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 334.187, 335.181-.1825, 335.184, 335.185 FS. History– New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, 12-28-03, 7-2-06 ______.

 

14-96.008 Construction and Maintenance of Traffic Requirements.

No change.

(1) and (2) No change.

(3) No change.

(a) and (b) No change.

(c) Security Instrument Receipt, Form 850-040-20, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14637, effective 08/22, as incorporated by reference in Rule 14-96.0011, F.A.C., must be used. Form 850-040-20 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(d) through (g) No change.

(4) No change.

(5) Traffic Signals, Signing, Pavement Markings, and Other Traffic Control Devices. Such devices shall conform to the MUTCD, incorporated by reference in Rule 14-15.010, F.A.C., Department design and construction standards, and the requirements of subsection Rule 14-96.003(3) and (4), F.A.C. The applicant is responsible for securing any additional permit or governmental entity approval needed for traffic signalization and regulatory signing and marking.

(6) Professional Engineer Statement of Construction for Extensive Roadway Construction or Large Developments. If the permit applicant requests a permit requiring work within the right of way, including but not limited to auxiliary lanes, median modifications, relocation of structures, or traffic signals, a statement from the project’s Professional Engineer will be necessary. The applicant will provide documentation by a Professional Engineer licensed in the State of Florida that construction was accomplished in accordance with the requirements set out in the permit. This documentation shall include a statement that necessary inspections, tests, and physical measurements have been made, that construction was accomplished in accordance with the design information included with the connection permit in accordance with Rule Chapter 14-96, F.A.C., and that all materials entering into the work conform to the specifications in the connection permit, conform to the applicable specifications contained in the Standard Specifications for Road and Bridge Construction, 2021 edition as amended and incorporated by reference, or otherwise conform to or meet generally accepted professional practices. The Record Drawings Report by Permittee’s Professional Engineer, Form 850-040-19, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14636, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C., shall be used for this purpose. Form 850-040-19 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450.

(7) No change.

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 334.187, 335.181-.1825, 335.185 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03 ______.

 

14-96.011 Modification, Revocation or Closure of Connections.

(1)  No change.

(2) No change.

(a) If the reason for the notice is due to noncompliance, this notice will include the Violation and Notice to Show Cause, Form 850-040-26, (08/22), incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14642, effective 08/22 as incorporated by reference in Rule 14-96.0011, F.A.C. Form 850-040-26 is available from the Department of Transportation’s One Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. The notification shall state that, unless the deficiencies are corrected, the permit shall be modified or revoked and the connection to the State Highway shall be modified or removed by the Department at the expense of the property owner.

(b) and (c) No change.

(3) Unpermitted Connections.

(a) “Grandfathered” connections are unpermitted connections to the State Highway System. “Grandfathered” connections are those connections in existence prior to July 1, 1988, use of which have never been discontinued as described in subparagraph Rule 14-96.005(2)(c)3., F.A.C., which shall not require the issuance of a permit and may continue to provide connection to the State Highway System unless modified or closed as provided in subsection section (4) and are subject to the notification process in section (5).

(b) Unpermitted Connections are those in existence prior to July 1, 1988, and may continue to provide connection to the State Highway Systems unless modified or closed as provided in subsection section (4), and are subject to the notification process in subsection section (5).

(4) through (6) No change.

Rulemaking Authority 334.044(2), 335.182(2), 335.1825(3) FS. Law Implemented 334.044(14), 335.181, 335.182, 335.1825, 335.187 FS. History–New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, 7-2-06 ______.