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 ...

DEPARTMENT OF TRANSPORTATION

RULE NO.: RULE TITLE:
14-96.016: Maintenance of Connections and Traffic Control Devices

The Department of Transportation hereby gives notice:
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.
A copy of the Order or additional information may be obtained by contacting:
Deanna R. Hurt, Assistance General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station #58, Tallahassee, Florida 32399-0458.