Amendments update forms incorporated by reference, revise the definitions to provide clarity as to the permit applicant’s responsibilities, identify the applicant’s filing and notice requirements to request the installation ....

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-96.0011Forms

14-96.002Definitions

14-96.003General Provisions

14-96.004Connection Categories and Fees

14-96.005Application

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

14-96.008Construction and Maintenance of Traffic Requirements

14-96.009Non-conforming Connection Permits

14-96.011Modification of Connections

14-96.015Department Design and Construction Projects

PURPOSE AND EFFECT: Amendments update forms incorporated by reference, revise the definitions to provide clarity as to the permit applicant’s responsibilities, identify the applicant’s filing and notice requirements to request the installation of medians and traffic control devices within the right-of-way, and amends the evaluation criteria and procedures to be followed during the modification, closure or revocation of access connections to the State Highway System.

SUMMARY: The proposed amendments to Chapter 14-96, Florida Administrative Code, update forms incorporated by reference, amend the definitions providing clarity as to responsibilities; identifies when an Intersection Control Evaluation analysis is required; identifies when a permit fee is not required for property owner initiated safety improvements; identifies revised requirements for pre-application meetings and the applicant’s filing requirements; identifies an applicant’s notice responsibilities to adjacent property owners when requesting connection median changes and traffic signal installations; and includes revisions to the evaluation criteria and process for use during revocation or closure of connection proceedings.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used an itemized checklist to conduct an economic analysis and determine if there would be any adverse impact or regulatory cost associated with this rule that exceeds the stated criteria. Upon review of the proposed rulemaking, the Department determined that the proposed rule will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 334.044(2), 335.182(2), 335.183, 335.184, F.S.

LAW IMPLEMENTED: 334.044(14), 335.18, 335.181, 335.182, 335.1825, 335.183, 335.184, 335.185, 335.187, 335.188, 335.199, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Ashley Peacock, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, (850)414-5361, ashley.peacock@dot.state.fl.us.

THE FULL TEXT OF THE PROPOSED RULE IS:

14-96.0011 Forms.

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

Form Name and Link to Online Form Title	Form Number	Date
Driveway/Connection Application – Category A	850-040-14	09/02
Driveway/Connection Application for All Categories http://www.flrules.org/Gateway/reference.asp?No=Ref-14632	850-040-15	08/224/03
Receipt of Connection Application and Fee (or Waiver of Fee) http://www.flrules.org/Gateway/reference.asp?No=Ref-14633	850-040-16	08/2204/03
Record of Waived Requirements for All Categories http://www.flrules.org/Gateway/reference.asp?No=Ref-14634	850-040-17	08/2209/02
Driveway Connection Permit for All Categories http://www.flrules.org/Gateway/reference.asp?No=Ref-14635	850-040-18	08/2206/06
Record Drawings Report by Permittee’s Professional Engineer http://www.flrules.org/Gateway/reference.asp?No=Ref-14636	850-040-19	08/2209/02
Security Instrument Receipt http://www.flrules.org/Gateway/reference.asp?No=Ref-14637	850-040-20	08/2204/93
State Highway Access Connection Completeness Review http://www.flrules.org/Gateway/reference.asp?No=Ref-14638	850-040-21	08/2211/94
Applicant Time Extension Form http://www.flrules.org/Gateway/reference.asp?No=Ref-14639	850-040-22	08/2204/93
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	08/22 6/06
Proposed State Highway Access Connection Notice of Intent to Issue Permit http://www.flrules.org/Gateway/reference.asp?No=Ref-14641	850-040-24	08/2206/06
Violation and Notice to Show Cause http://www.flrules.org/Gateway/reference.asp?No=Ref-14642	850-040-26	08/22 6/06

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.

All terms in this rule chapter shall have the same meaning as those in Section 334.03, F.S. For the purposes of this rule chapter the following definitions of the terms shall apply unless the context clearly indicates otherwise:

(1) “Applicant” means the person submitting a Driveway/Cconnection permit Aapplication for All Categories, Form 850-040-15, (08/22), as incorporated by reference in Rule 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 permit 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 Category A, Form 850-040-14, 09/02, or Driveway/Connection Application for All Categories, Form 850-040-15, (08/22) 04/03, as incorporated by reference in Rule 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) “Average Daily Traffic (ADT)” means the average number of vehicles passing a specific point on a connection or roadway on an average day.

(4) “Connection” means as defined in Section 335.182(3)(a), F.S.

(5) “Connection Category” means a Department assigned permit designation based on estimated vehicle trips per day to and from the property as set forth by Rule 14-96.004, F.A.C., or derived through generally accepted professional practice.

(6) “Connection Permit” means a written authorization issued by the Department allowing for the construction of a specifically designed connection and any specific conditions related to the subject connection to the State Highway System at a specific location generating an estimated volume of traffic.

(7) “Connection Relocation, Alteration, or Closure” (pursuant to Section 335.187, F.S.) means as follows:

(a) “Alteration” of a connection means Department action to substantially change the width of a connection or to change the availability of right turn exits or right turn entries. For purposes of this provision, two connections, one providing right turn entry and the other providing right turn exit, shall be considered one connection if they are within functional proximity of each other.

(b) “Closure” of a connection means a prohibition of the ability to enter and exit via the connection.

(c) “Relocation” of a connection means an action to substantially move a connection, or to move a connection to a service road connected to the state highway.

(8) “Controlled Access Facility” for the purpose of this rule chapter means a transportation facility to which access is regulated through the use of a permitting process by the Department and as defined in section 334.03(7), F.S.

(9) “Department” means the Florida Department of Transportation.

(10) “Development Approval or Order” means an official action by the governmental authority having jurisdiction to approve a development site plan or to authorize construction of any permanent improvements on the property.

(11) “Directional Median Opening” means an opening in a restrictive median designed to control certain and specific turning movements from the state highway.

(12) “Distance Between Connections” means the distance measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

(13) “Florida Intrastate Highway System” means the system of limited access and controlled access facilities, which are part of the State Highway System, and are developed and managed to have the capacity to provide for high speed and high volume traffic movements in an efficient and safe manner. Highways on the Florida Intrastate Highway System may only be included as part of this system as designated pursuant to Sections 334.03 334.04 and 338. 01 338.001, F.S.

(14) “Full Median Opening” means an opening in a restrictive median designed to allow all safe turning movements.

(15) “Generally Accepted Professional Practice” for the purpose of this rule chapter means the use of Pprofessional Eengineering and planning knowledge in the applicable professional publications, such as traffic studies or traffic study guidelines done in accordance with the procedures of recognized traffic or transportation organizations and agencies such as the Transportation Research Board, Eno Foundation, Institute of Transportation Engineers, or design standards or principles of the American Association of State Highway and Transportation Officials (AASHTO), the Department, or the Federal Highway Administration (FHWA).

(16) “Governmental Entity” means as defined in Section 11.45, F.S., or an officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.

(17) “Joint Use Connection” means a connection that provides access to more than one property or development including those in different ownerships.

(18) “Limited Access Facility” means a street or highway established as such pursuant to Section 338.01, F.S., and meeting the definition of Section 334.03(12)(13), F.S., including interchange areas and other facilities within the limited access right of way.

(19) “Median” means a Traffic Control Feature or Device which is the portion of a divided highway separating vehicular traffic traveling in opposite directions. See “Restrictive Median” and “Non-Restrictive Median” also defined.

(20) “Modification” of a connection means relocation, alteration, or closure of a connection.

(21) “Non-Restrictive Median” means a Traffic Control Feature or Device which is a median or painted centerline which does not provide a physical barrier between center traffic turning lanes or traffic lanes traveling in opposite directions. This includes highways with continuous center turn lanes and undivided highways. See “Restrictive Median” also defined.

(22) “Operational Characteristics of a Connection,” as specified in Section 335.184(3), F.S., means turning movements, turning radii, channelization, grade, and connection width.

(23) “Property Owner” means the person or persons holding the recorded title to property abutting the State Highway System, and other persons holding a recorded interest in such property that includes the right of access.

(24) “Public Road System” means the State Highway System, county roads, and city streets.

(25) “Reasonable Access” means the minimum number of connections, direct or indirect, necessary to provide safe and efficient ingress and egress to the State Highway System based on Sections Section 335.181 and 335.188 335.18, F.S., the Access Management Classification, projected connection and roadway traffic volumes, and the type and intensity of the land use.

(26) “Replacement” means reconstructing an existing connection without alteration or relocation of the connection.

(27) “Restrictive Median” means a Traffic Control Feature or Device which is the portion of a divided highway physically separating vehicular traffic traveling in opposite directions. Restrictive medians are physical barriers that restrict movement of traffic across the median such as a concrete barrier, a raised curb island guard rail, or a grassed or swaled median.

(28) “Right of Way” means land or interest therein, acquired for or devoted to transportation purposes and as defined in section 334.03(21), F.S. More specifically, land in which the governmental entity owns the fee simple title, has an easement devoted to or acquired for use as a public road and appurtenant facilities, or has established ownership by means of a published map pursuant to Section 95.361, F.S.

(29) “Safety Upgrade Category” includes all modifications to existing connections initiated by the property owner, which improve the safety of the public road system(s) and the connection. This category is not applicable to connections involving significant change. Examples of this type of work are increase of turning radii, channelization, resurfacing, relocation to improve connection spacing, widening or narrowing of a connection to better meet Department standards, and connection closure.

(30) “Security Instrument” means a letter of credit or bond as described in Section 334.187, F.S.

(31) “Service Road” means a public roadway that is part of the State Roadway System, and provides access to parcels adjacent to a controlled access facility.

(32)(31) “Significant Change” means as defined in Section 335.182(3)(b), F.S. If the Department determines that the increased traffic generated by the property does not require modifications to the existing permitted connections, a new permit application shall not be required.

(33)(32) “State Highway System” means the network of limited access and controlled access highways that have been functionally classified as such, and which are under the jurisdiction of the State of Florida pursuant to Section 334.03(24)(25), F.S., and as defined in section 334.03(24), F.S.

(34)(33) “Traffic Control Features and Devices” includes signs, markings, traffic signals, channelizing islands, medians, median openings, and turn-auxilary lanes, described in the Manual on Uniform Traffic Control Devices (MUTCD), (incorporated by reference in Rule 14-15.010, F.A.C.).

(35)(34) “Traveled Way” means the portion of roadway for the movement of vehicles, not including shoulders and auxiliary lanes.

(36)(35) “Trip” means a one way person vehicle movement using any mode (vehicle, pedestrian, transit, bicycle). For example, two one customers customer visiting an establishment in the a same car usually equals two vehicle trips, (one in and one out) and four person trips (two in and two out).

(37)(36) “Trip Generation” means the number of trips, existing or projected, based on actual counts or the estimation methodology in the 11th 6th Edition of the Institute of Transportation Engineers Trip Generation Manual Report or other generally accepted professional practice.

(38)(37) “Vehicle Trips Per Day (VTPD)” means the average number of vehicle trips generated on an average day by a specific site development. For the purpose of this rule chapter VTPD will not be adjusted for roadway diversion, which estimates what percent of land use trips were already existing on the road system and not new trips specially generated by the land use.

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 335.18-.188 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03 ______.

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, but in particular those applying for a Category C, D, E, F, or G connection, are required strongly encouraged 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 impacted by the Department’s current construction activities and which require relocation, alteration, closure, or safety upgrade in order to meet current adopted 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 Ccontrol Ffeatures and Ddevices 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 interesection.

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

(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 available from the Department of Transportation’s One Stop Permitting internet site at http://www.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 be subject to review and will require approval or denial by of the Department’s District Office Access Management Review Committee (AMRC) Secretary or designee. The acceptance of any alternative access plans shall be contingent based 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 Any alternative access plan proposed under this section, the Applicant shall will need to provide documentation, in the form of a traffic study signed and sealed by a Pprofessional Eengineer licensed registered in the State of Florida describing of how the plan better serves the driving public and not just the applicant or its clients or customers. Prior to the approval or denial of any alternative plan, tThe Department will also consider the transportation conditions stated in Section 335.184(3)(a), F.S. See also, Rule subparagraph14-96.007(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-.188 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03 ______.

14-96.004 Connection Categories and Fees.

All connections, public or private, shall be determined by the Department to be in one of the following categories:

(1) Standard Connection Categories. The following table summarizes the standard connection categories and application fees:

DESCRIPTION/PROJECTED AVERAGE VEHICLE TRIPS PER DAY OF SITE	APPLICATION FEE
Category A – Uses to 20 VTPD	$ 50
Category B – Uses with 21 - 600 VTPD	$ 250
Category C – Uses with 601 - 1,200 VTPD	$1,000
Category D – Uses with 1,201 - 4,000 VTPD	$2,000
Category E – Uses with 4,001 - 10,000 VTPD	$3,000
Category F – Uses with 10,001 - 30,000 VTPD	$4,000
Category G – Uses with 30,001 + VTPD	$5,000

(2) Special Connection Categories.

(a) “Temporary Connection Category” provides a temporary, time limited connection to the State Highway System for a specific property, use, and estimated traffic volume. Such uses may include forest land clearing and temporary agricultural or construction uses. This category may not be used for permanent construction at a site where it is reasonably expected that the use is the ultimate use of the property. Further, a temporary connection permit does not bind the Department in any way to the future issuance of a permanent connection permit at the temporary connection location. The permittee shall remove, at the permittee’s own cost, the temporary connection at the end of the permit period or shall apply for an extension or a new permit. The fee for this category is $250 for a six month period. The period will be extended for increments of six months upon written request, payment of a new fee, and a showing of good cause, such as weather delays, natural disasters, governmental entity coordination delays, or other technical problems not within the control of the applicant. However, in no event shall the period extend beyond 24 consecutive months. The Department reserves the right to remove any temporary connection upon expiration of the permit.

(b) A “Government Entity Category” provides for a connection or connection modification for any new or substantially improved public road or connection to a governmental facility. The fee will be waived if the applicant is a governmental entity.

(c) “Safety Upgrade Category” will not require a fee when initiated by the property owner and approved by the Department to improve the safety of the public road system and an existing connection shall not be used for connections involving significant change. Examples of this type of work are changes to turning radii, channelization, resurfacing, relocation to improve connection spacing, widening or narrowing of a connection to better meet Department standards, and connection closure. This category specifically does not include changes made as a result of a significant change as defined in Rule 14-96.002(32) F.A.C. These applications shall be initiated by the applicant and will not require a fee.

(3) Phased Developments. New phases of an existing development requiring a new permit will have their fee based on the development in the individual phase.

(4) Fee Payment Type. Full payment of fees shall be made by cashier’s check, certified check, personal or business check, cash, or money order, and shall be made payable to the State of Florida Department of Transportation for mailed or delivered applications and credit cards for electronic applications at the time of application. Checks drawn on governmental entity accounts will be accepted by the Department. The use of pre-paid accounts are also allowed in accordance with the Department’s pre-paid account practices. If at any time during the application process payment is rejected or a check for the fee is returned for insufficient funds, the applicant will be notified that the application is not complete and no further processing will occur until payment is made a cashier’s check, certified check, personal or business check, cash, or money order is presented. The application fee is non-refundable, as required by Section 335.183, F.S.

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 335.18-.187 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 1-25-04, 3-19-06 ______.

14-96.005 Application.

(1) Connection Permit Application and Information. The Driveway/Connection Application – Category A, Form 850-040-14 (09/02) and Driveway/Connection Application for All Categories, Form 850-040-15, (08/22) (04/03), as incorporated by reference in Rule 14-96.0011, F.A.C., and application information are available electronically from One-Stop Permitting (https://osp.fdot.gov), or from the office of the local area Maintenance Engineer, District Office, or Urban Area Office. 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) The Department suggests that Pprior to submitting an application for a Category C, D, E, F, or G connection, the Aapplicant is required to request a pre-application meeting with the Department to review the site plan, establish the connection category, and identify required documentation and traffic study requirements ask the Department about the level of detail and additional information requirements pursuant to this rule chapter. Upon request, the Department will meet with the Applicant, on-site and/or in-office, to discuss the project, projected impacts to the State Highway System, and the suggested methodology for the analysis of traffic impacts. The pre-application meeting will be performed by the Department without a fee. The pre-application meeting is a courteousy and intended to be advisory only; the results of this meeting are not binding on the Department or the Applicant. See subsection 14-96.003(2), F.A.C.

(b) The Department will request clarification or additional information required in this rule chapter during the application review process where the Aapplicant has failed to complete the application.

(c) Failure to provide the requested information within time limits specified within this rule chapter shall result in the review and decision being based on information provided.

(d) An application will not be accepted if the appropriate fee is not paid.

(e) The Aapplicant shall be allowed to submit any site specific information which the Aapplicant deems to be pertinent to the Department’s review of the connection application.

(2) Changes in Property Use.

(a) Where additional traffic is projected due to expansion or redevelopment, the property owner shall contact the Department to determine if a new permit application and modification of existing connections will be required. If the Department determines that the increased traffic generated by the property results in a significant change, a new application shall be required.

(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 subparagraph14-96.011(2), F.A.C.

(c) Vacant or Abandoned Sites. For purposes of determining the “existing use” of a property under the definition of significant change, the following criteria apply:

1. For connections under Sections 335.187(1) and (2), F.S., the use of the property on July 1, 1988, shall be considered the existing use, unless thereafter discontinued for a period of one year or more.

2. For connections under Section 335.187(4), F.S., the use of the property reflected in the permit shall be considered the existing use, unless thereafter discontinued for a period of one year or more.

3. The use of a property is considered discontinued when there has been a cessation of trips to the property, except for trips to maintain or market the property associated with that use. The use of the property will also be considered discontinued where the business located on the property has been out of service for a period of one year or more.

4. If the use of a business has been discontinued for the period of one year or more, any use proposed by an applicant shall constitute significant change.

(d) The Aapplicant is responsible for all costs associated with relocation, alteration, or closure of a connection if the need for relocation, alteration, or closure is caused by the actions of the Aapplicant.

(3) Information Required for All Applications. The following information is required of all applications for all connections categories:

(a) Identification of property owner and Aapplicant. The complete names and current mailing addresses and telephone numbers of property owner(s), the Aapplicant, and the authorized representative.

(b) Notarized letter of authorization. If the Aapplicant desires to have a representative sign, file, and handle the application, a notarized letter of authorization from the Aapplicant designating the authorized representative shall be provided with the application package.

(c) Responsible person. When the owner or applicant is a company, corporation, or other public agency, the name, address, and telephone number of the responsible officer shall be furnished with the application.

(d) Signatures. The names of all individuals signing the application and their titles shall be typed or printed with the signatures.

(e) Property use. The existing and planned property use shall be noted in sufficient detail to determine the appropriate connection category of the application.

(f) Location of all existing and proposed connections. This will include a site plan indicating any physical features (existing and proposed) that would have an impact on traffic circulation (both motorized and non-motorized where applicable) and sight distance on the public road system. Examples of such physical features are walls, fences, trees, mail boxes, gates, and utility poles. The site plan must indicate if the curvature or topography of the road prevents a clear line of sight in either direction of the proposed access.

(g) Where non-motorized users (bicyclists and pedestrians) are present, planned, or promoted, safe and convenient access for non-motorized users should be provided by the site. The bicycle/pedestrian access should connect the external bicycle and pedestrian network(s) (e.g., the sidewalk and/or bicycle facility along the site’s frontage) to the main entrance of the site’s building(s). Access should be safe and convenient with minimal conflicts with other modes and minimized travel distance with the most direct route.

(4) Additional Information Required for Category C, D, E, F, and G Applications. In addition to the information required on all applications, the following information is required on all Category C, D, E, F, and G application:

(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 6th eEdition of the Trip Generation Manual Report, published by the Institute of Transportation Engineers, and available for purchase at www.ite.org Washington D.C., or other generally accepted professional practice. The 11th Edition of the Trip General Manual is hereby incorporated by reference. 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 Floridia Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida. 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 registered in the State of Florida.

(b) Site plan. A drawn to scale Each site plan submitted with a Category C, D, E, F, or G application shall contain the following (by phase) or (recent aerial photographs of sufficient scale and clarity may be used in conjunction with the following):

1. Any physical features (existing or proposed) such as buildings, other structures, or natural features which would have an impact on traffic circulation (both motorized and non-motorized where applicable) and sight distances on the public road system.

2. Traffic circulation plan, including non-motorized connections where applicable, and parking lay out.

3. Right of way and property lines (surveys are acceptable, but not required).

4. Any existing joint access or cross access connection features.

5. A plat map showing abutting parcels and ownership.

(c) Transportation facility and neighboring connection information. Each site plan submitted for a Category C, D, E, F, or G application shall also contain the following information:

1. Road names and highway numbers for all abutting roads and highways.

2. The Department’s county section and milepost number (this identification is available at the Department).

3. Existing laneage for all roads abutting the development, including left and right turn storage and auxiliary lanes and medians.

4. Inventory and geometric characteristics of non-motorized facilities located adjacent to the proposed driveway connection(s), including sidewalks and bikeways.

5.4. Location of future roads (known to the applicant) and improvements to existing roads abutting or entering the property.

6.5. Neighboring connections and median openings. The location and type of connections (on both sides of the road), median openings, intersections, and traffic signals within the following distances from the site’s property lines:

a. If the posted speed limit is over 45 MPH then the distance of the features documented shall be 1,320 feet, or to the closest public street intersection, whichever is less.

b. If the posted speed limit is 45 MPH or less, the distance of the features documented shall be 660 feet, or to the closest public street intersection, whichever is less.

c. Recent aerial photographs of sufficient scale and clarity to depict the site and the immediate area may be used to provide this information.

d. The Department will waive or reduce the requirement for neighboring connection information where restrictive medians or other physical features negate the need for this information.

e. If the Department determines that additional information is needed (such as connection location farther than the distances stated here) the Department shall request such information in writing and at the same time provide the justification for the need for information in writing.

(d) Connection location and design plans information. Applications for connection Categories C, D, E, F, and G, as well as public road system connections and those connections requiring auxiliary lanes, shall contain detailed connection and design information, in accordance with the Department’s Plans Preparation Manual, January 2000, or other generally accepted professional practice. This information shall be signed, sealed, and dated by a Professional Engineer licensed registered in the state of Florida and . The connection location and design information will include:

1. Location of all proposed connections, connection profiles, as well as public road system connections, and those connections requiring auxiliary lanes, connection width, connection radii, connection angle. Proposed connections must include non-motorized connections where applicable.

2. Design and cross section (to the right of way line) of auxiliary lanes and pavement to serve the requested connection(s).

3. Location and type of traffic control devices proposed.

4. Proposed pavement marking and signing.

5. Location and type of drainage features existing and proposed within the right of way.

6. Median opening design and cross-section, for any new or modified median or median opening to be used by the property’s traffic.

7. Type of roadway materials to be used.

8. Location and type of existing utilities, or any other easements or encroachments.

9. Description of proposed turning movements.

10. Horizontal and vertical curvature of abutting roads where severe topography or sight distance concerns warrant.

11. Incorporation of geometric features to minimize the impacts of driveway connection/s to existing or proposed non-motorized facilities.

(e)9. A The maintenance of traffic control plan (TCP) for construction activity shall be in conformance with must conform to 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 maintenance of traffic plan must also conform to the Department’s Design Standards, January 2002, incorporated by reference in Rule 14-96.008, F.A.C. The expected time of roadway closure must be in accordance with the Department’s Plans Preparation Manual, January 2003, incorporated by reference in Rule 14-96.008, F.A.C., or other generally accepted professional practice. The Applicant must either cite to an unmodified Department Design Standard Plan Index TCP (contained within Design Standard series 102), or submit a TCP A maintenance of traffic plan which does not conform to the Plans Preparation Manual and the Design Standards must be signed and sealed by a Professional Engineer licensed registered in the State of Florida.

10. Horizontal and vertical curvature of abutting roads where severe topography or sight distance concerns warrant.

11. Indication of all proposed turning movements.

(5)(e) 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 registered in the State of Florida. All work submitted by such a Professional Engineer in a traffic study will be reviewed by or under the supervision of a Department Professional Engineer registered in the State of Florida. The traffic study must include:

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

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

3.2. Vehicular and non-vehicular tTraffic operations analysis of sufficient depth to analyze the impacts of the development on the surrounding transportation system and consistent with the FDOT Transportation Site Impact Handbook.

4.3. An appropriately sized study area and time horizon based upon the type and size of the development.

(a)(f) 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), (27), 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) Application Submittal. The application shall be submitted electronically at One Stop Permitting: https://osp.fdot.gov, or mailed/delivered to the Department’s District Permits Office or to the Department’s District Maintenance and Field Offices Office.

(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) (11/94), as incorporated by reference in Rule 14-96.0011, F.A.C., if additional information is needed, or if there are errors or omissions. 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) Unless otherwise indicated in the notice of completeness review, applicants must provide such requested information within 60 days of the receipt of the Access Connection Completeness Review Form.

(b) If the additional information has not been received by the Department within the prescribed time from the date of notification, the application shall be processed based upon the information provided.

(c) If no additional information is requested during the prescribed 30-day Completeness Review Period, the application shall be deemed complete as of the date the Department received the application.

(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) (04/93), as incorporated by reference in Rule 14-96.0011, F.A.C.

(4) Technical Planning and Engineering Sufficiency/Compliance Review. The applicant will be notified within 90 days of receipt of a complete application, receipt of all required information, or expiration of the time period for receipt of additional or corrected information. The notification will include the Department’s decision of approval or denial of the application.

(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) (06/06), 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 Rule paragraph 14-97.003(1)(e), 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 that such a 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.

(b) Direct Permitting. If an applicant provides an application that otherwise meets all the requirements of Rule Chapters 14-96 and 14-97, F.A.C., and the Department is not imposing any additional conditions, the Department will issue a permit in accordance with subsection (6) below.

(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) (06/06), as incorporated by reference in Rule 14-96.0011, F.A.C., if the Department determines that an application is not consistent with currently adopted Department rules and design standards or additional site specific operations and safety concerns as stated in Rule paragraph 14-97.003(1)(e), F.A.C., apply, and;

1. The Department determines that denial of a connection would not be a denial of reasonable access; or

2. The Department determines that denial of a connection would be a denial of reasonable access but that a connection would jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway.

(d) Additional Connections. When an applicant seeks a permit for additional or alternative connection(s) the previously permitted connections are presumed to provide reasonable access to the State Highway System unless the property owner shows:

1. That there has been a change in the use of the property from that reflected in the application(s) for the previously approved connection(s), which change has or will cause an increase in the trip generation (peak hour or daily) of the property exceeding 25 percent more than reflected in the prior application(s), and that such change in use and increase in trip generation was not reasonably foreseeable at the time the application(s) for the previously approved connection(s) was filed; or

2. That circumstances relating to traffic safety and efficiency, outside the control of the permittee, have arisen that were not reasonably foreseeable at the time of approval of the connections that prevent the connection(s) from providing reasonable access to the highway.

(e) Agreements made after Proposed State Highway Access Driveway/Connection Notice of Intent to Deny Permit, Form 850-040-23, (08/22) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in 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) (06/06), as incorporated by reference in Rule 14-96.0011, F.A.C.;

2. Assurance of performance pursuant to Section 334.187, F.S.

3. An indemnity agreement shall be executed by the applicant wherein it is agreed that the Department shall be indemnified, defended, and held harmless from any and all claims, demands, costs, or expense for loss, damage, or injury to persons or property of the other caused by, arising out of, or resulting from:

a. Any act or omission by the applicant or the applicant’s contractors, agents, servants, or employees in connection with any construction activities undertaken pursuant to the connection permit.

b. The negligence of the applicant or negligence of the applicant’s contractors, agents, servants, or employees.

c. Any other event or act that is the result of, or proximately caused by, the applicant or the applicant’s contractors, agents, servants, or employees in constructing or maintaining the connection or any other features.

4. Compliance with drainage requirements in Rule Chapter 14-86, F.A.C.

5. Special requirements added to promote safety and efficiency.

6. Liability Insurance for All Category C, D, E, F, and G Permits. Before construction is to begin, the applicant shall deliver to the Department proof of insurance verifying that the applicant or the applicant’s contractor has coverage under a liability insurance policy issued by an insurance company authorized to do business in the State of Florida naming itself as insured, and the Department as an additional named insured, which policy shall contain a contractual endorsement specifically covering the liabilities arising from the indemnity agreement.

a. The policy shall provide public liability insurance, including property damage, in the amount of $500,000 combined single limit for each occurrence.

b. The above required policy shall be endorsed with a provision requiring the insurance company to notify the Department 30 days prior to the effective date of cancellation or of any material change in the policy if the change occurs during the construction period.

c. The applicant shall pay all premiums and other charges due on said policy and keep said policy, or a materially identical replacement policy, in force to insure the entire period of construction of the connection.

7. Connection Median Changes and Traffic Signals. For all proposed driveway connection applications that either request or are required by the Department to install, modify, or remove a Traffic Control Feature that will have the effect of closing or modifying left turns to or from an owner of property abutting the State Highway System, the Applicant must provide the Department:

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 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. A single copy of the letter of notification provided to the real property owners and listed tenants describing the proposed modification. The letter must include the name and address of the person to whom comments on the change can be sent and provide at least 30 days for receipt of the comments.

c. Proof of delivery of the notification letter to all previously listed persons by mail, email, or hand delivery.

d. A copy of all correspondence received in response to the letter and other correspondence related to the permit provided within 10 days of receipt by the Applicant.

(6) Issuance of Permit. A Driveway Connection Permit for All Categories, Form 850-040-18, (08/22) (06/06), 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 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) (06/06), as incorporated by reference in 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) Failure to Comply. If the Department determines that the applicant has failed to comply with all conditions required prior to the issuance of a permit, it shall notify the applicant that the Department will not issue a permit and specify the conditions that have not been met. Notice of the Department’s intended action will be provided in accordance with Rule Chapter 28-106, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rule Chapter 28-106, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule Chapter 28-106, F.A.C.

(b) Permit Time Extension. The permit will be extended beyond the one year time limit (only with Department approval) for good cause, such as weather delays, natural disasters, governmental entity coordination delays, or other technical problems not within the control of the permittee.

(7) Concurrent Governmental Entity Review. Nothing contained herein shall preclude concurrent review of the permit application by the Department and governmental entities.

(8) Permit Conditions. Failure by the applicant to abide by the permit conditions that are applicable after permit issuance shall be just cause for the Department to order alteration of the connection, or to revoke the permit and close the connection at the expense of the applicant, subject to the provisions in this rule chapter, or for the Department to have the necessary modifications made and seek payment from the applicant. The permit requirements shall be binding on the applicant, the applicant’s successors, heir, and assigns, the permit application signatories, and all future owners and occupants of the property. The Department may require permits to be recorded in the public records with the legal description of the property when cross or joint access exists, when permit conditions requiring future performance by the permittee exist such as installation of traffic control features or devices, or when other conditions warrant recording.

(9) Government Owned Rail or Non-Highway Use Corridors. Corridors including separate pedestrian trails, bike trails, current or abandoned exclusive bus or transit corridors, current or abandoned rail corridors, or waterways, that are not part of the State Highway System and are not subject to the provisions of the Access Management Act, Sections 335.18-.188, F.S. These corridors, that abut the state highway system, are considered intervening property and property on the other side of such a corridor will not be considered to be abutting the State Highway System. Action will be taken under Rule 14-96.011, F.A.C., to modify an existing connection across a corridor if it interferes with the safe or efficient operation of the corridor or State Highway System.

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.

All construction and maintenance on Department right of way shall conform to the Federal Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C. All construction and maintenance on Department right of way shall also conform to the Department’s FY 2021-22 Standard Plans for Road and Bridge Construction, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14648

and available at https://www.fdot.gov/design/standardplans/2022/default.shtm, July 2021 Standard Specifications for Road and Bridge Construction, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14649

and available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/specbooks/july2021/7-21ebook.pdf?sfvrsn=9a1c9abf_8, 2021 FDOT Design Manual, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14650

and available at https://www.fdot.gov/roadway/fdm/2021-FDM.shtm Design Standards, January 2002, Topic #625-010-003; the Standard Specifications for Road and Bridge Construction, 2000 Edition, the Department’s Plans Preparation Manual, January 2003, or other generally accepted professional practices. With the exception of the MUTCD, which already is incorporated by reference under Rule 14-15.010, F.A.C., the manuals and standards specifically listed in this section are hereby incorporated by reference and made a part of the rules of the Department of Transportation.

(1) Disruption of Traffic. For safety and operational purposes, the Department may require or restrict hours of construction to minimize disruption of traffic on the State Highway System. When construction activity on a connection causes undue disruption of traffic or creates safety hazards on a state highway or facility, the District Secretary or designee shall advise the permittee of the need for immediate corrective action by a specified time, and may issue a stop work order if deemed necessary.

(2) Connection Completion Time Limit. Construction shall be completed within one year of the date of issuance of the permit. Failure to comply with the one year time limit shall result in an automatic expiration of the permit unless extended by the Department as described in Section 335.185(2), F.S. A stop work order may be issued by the Department if work exceeds the imposed time restrictions. For any permit which expires for failure to construct the connection within the one year limit, the applicant shall submit a new application, including the payment of the required application fee prior to the initiation or continuation of any construction.

(3) Assurance of Performance. Assurance of performance pursuant to Section 334.187, F.S., will be required if the permit requires extensive work within the right of way, such as auxiliary lanes, median modifications, relocation or modifications of structures, or traffic signals.

(a) Prior to the issuance of a permit, the applicant shall provide a security instrument in the estimated dollar amount of the improvements in the right of way. The Department shall be named as the beneficiary. The security instrument shall be provided to the Department before the permit is issued. The security instrument shall be valid for a sufficient time to cover the construction and inspection of the permitted work, but for not less than 18 months.

(b) The applicant shall provide the estimated cost of improvements on right of way in a document signed, sealed, and dated by a Professional Engineer licensed registered in the State of Florida.

(c) Security Instrument Receipt, Form 850-040-20, (08/22) (04/93), as incorporated by reference in Rule 14-96.0011, F.A.C., must be used.

(d) Such security instruments shall be required except when a performance bond covering the work on the right of way is included as part of the bond necessary for development approval by the local governmental entity and the Department is a named beneficiary.

(e) The Department will waive the security instrument requirement when there is an agreement with the local governmental entity to withhold the certificate of occupancy until problems are corrected and there is no indication that the requirements of this rule chapter will be violated.

(f) The Department shall require a security instrument for any connection or access feature, construction, or permit activity if the activity is in relation to:

1. An unpermitted connection that is going through the process of becoming permitted;

2. The correction of a safety hazard caused by activities on the property; or

3. Modification of an existing connection or traffic control feature or device as per Rule 14-96.011, F.A.C., for changed conditions on the property.

(g) The security instrument will be returned to the applicant when final inspection by the Department shows that the work has been completed as permitted.

(4) Posting of Permit. The approved connection permit shall be displayed adjacent to in a prominent location in the vicinity of the connection construction site during the construction period.

(5) Traffic Signals, Signing, Pavement Markings, and Other Traffic Control Devices. Such devices, installed by an applicant, shall conform to the MUTCD, and Department design and construction standards, and the requirements of 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 requires extensive work within the right of way, including but not limited to such as 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 registered 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 2000 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) (09/02), as incorporated by reference in Rule 14-96.0011, F.A.C., shall be used for this purpose.

(7) Utility and Right of Way User Notification. The Permitee applicant has the responsibility to determine and notify the users of the right of way of the permitted construction. The Permitee shall notify all utilities located within the permitted area in accordance with Chapter 556, F.S., before commencing construction. The Permitee applicant shall also resolve any conflicts within the right of way, at its own cost and expense. Before a permit is issued, the applicant shall show documentation of this notification and resolution of conflicts.

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 ______.

14-96.009 Non-conforming Connection Permits.

The Department may shall issue a permit for a connection not meeting Department location and spacing criteria standards in Rule Chapter 14-97, F.A.C., if the Department determines that a conforming connection is not attainable at the time of the permit application submittal, that denial would leave the property without access to the public road system, and that the connection would not jeopardize the safety of the public or have a negative impact upon the operation of the highway. The Department also shall issue a connection permit requiring a legally enforceable cross-access joint-use connection when determined to be in the best interest of the State for restoring or maintaining the operational efficiency and safety of the State Highway System. Non-conforming connection permits shall specify conditions or limits including:

(1) The maximum vehicular type and volume usage of the connection.

(2) The construction of a conforming connection when future alternate means can be obtained with removal of the non-conforming connection.

(3) The properties to be served by the connection.

(4) When an adjoining property owner consents to cross access or joint access, the agreement between the parties will be recorded in the public records.

Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.181-.1825, 335.185, 335.187 FS. History–New 4-18-90, Amended 1-23-03 ______.

14-96.011 Modification, Revocation or Closure of Connections.

(1) Validity of Existing Permits. All connection permits issued by the Department after July 1, 1988, remain valid until modified or revoked pursuant to the criteria set forth in this rule chapter. The Department will initiate action to modify or revoke any permit or existing permitted connection if any of the following occurs:

(a) A significant change in the use, design, or traffic flow of the connection.

(b) The connection was not constructed at the location or in accordance with the design specified in the permit.

(d) Such revocation or modification is determined to be necessary because the connection poses a current or potential safety or operational problem on the State Highway System. This problem must be substantiated by an engineering study signed and sealed by a Professional Engineer licensed registered in the State of Florida. Such engineering study shall consider, the following:

1. Analysis of accidents or operational analysis directly involving the connection or similar connections, or a traffic conflicts analysis of the site.

2. Analysis of the impact modification of the connection will have on maintenance or safety on the public road system, including adjacent non-motorized facilities located within the roadway right-of-way.

3. Analysis of the impact modification of the connection will have on traffic patterns and circulation on the public road system, including adjacent non-motorized facilities located within the roadway right-of-way.

4. The principles of transportation engineering as determined by generally accepted professional practice.

(e) If the Department acts to revoke or modify a permit, the Department shall offer an opportunity to meet on site with the property owner or designated representative. The Department will take into consideration the following:

1. Documents, reports, or studies obtained or prepared by the property owner or designated representative and provided to the Department.

2. Alternative solutions proposed by the property owner or designated representative.

(2) Notification Process for Permitted Connections. Notice of the Department’s intended action will be provided in accordance with Rule Chapter 28-106, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rule Chapter 28-106, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule Chapter 28-106, F.A.C.

(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) (06/06), as incorporated by reference in Rule 14-96.0011, F.A.C. 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) If the reason for modification is due to significant change the notice will state the basis of the Department’s determination for modification of an existing connection. Where the Department’s action has become final and no timely application for a new connection permit has been filed, the Department will take immediate action to modify the connection in accordance with the notice.

(c) If the reason for revocation or modification is a safety or operational problem, the notice will state the basis of the Department’s determination and describe the changes necessary to reduce the hazard or correct the situation.

(3) Unpermitted Connections.

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

(b) Unpermitted/Non-Grandfathered 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 section (4), and are subject to the notification process in section (5). All other unpermitted connections are subject to closure in accordance with paragraph (5)(b).

(4) Modification or Closure of Grandfathered Unpermitted Connections.

(a) The Department will require that a permit be obtained in accordance with Rule subsection 14-96.005(2)(3), F.A.C., pursuant to the provisions of Section 335.187(1), F.S., if significant changes have occurred.

(b) The Department will modify or close an a unpermitted connection if such modification or closure is determined to be necessary because the connection would jeopardize the safety of the public or have a negative impact on the operational characteristics of the state highway. The problem may be substantiated by an engineering study signed, sealed, and dated by a Pprofessional Eengineer licensed registered in the State of Florida. Such engineering study shall consider the following:

1. Analysis of accidents or operational analysis directly involving the connection or similar connections, or a traffic conflicts analysis of the site.

4. The principles of transportation engineering as determined by generally accepted professional practice.

(c) If the Department acts to modify or close an a unpermitted connection, the Department shall offer an opportunity to meet on site with the property owner or designated representative. The Department will take into consideration the following:

1. Documents, reports, or studies obtained by the property owner or designated representative lessee and provided to the Department.

2. Alternative solutions proposed by the property owner.

(5) Notification Process for Modification of Unpermitted Connections. Notice of the Department’s intended action will be provided in accordance with Rule Chapter 28-106, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rule Chapter 28-106, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule Chapter 28-106, F.A.C.

(a) The Department shall give written notice to the property owner, with a copy to the occupant, for an a unpermitted grandfathered connection if significant changes have occurred or if the connection is found to cause a safety or operational problem (as specified in this rule chapter). The notice will identify the specific information regarding the safety or operational problem and request that the problem be corrected or that a written agreement on a schedule for the correction be approved by the Department within 30 days of receipt of the notice.

1. If the reason for the modification is due to significant change the notice will state the basis of the Department’s determination and require the filing of a permit application by a specified date. Where the Department’s requirement to file an application has become final and no timely application has been filed, the Department will take immediate action to modify or close the connection in accordance with the notice at the owner’s expense.

2. If the reason for the modification or closure is a safety or operational problem, the notice will state the basis of the Department’s determination and describe the changes necessary to reduce the hazard or correct the situation.

(b) If a timely request for an administrative proceeding is filed, or a permit application is filed within the 21 days, no further action shall occur until review of the application or the administrative proceeding is complete. If the connection is not modified or closed and no timely application or request for an administrative proceeding is filed, the Department will take immediate action to install barriers across or modify the connection at the property owner’s expense.

1. If a timely submitted application is approved, the Department may allow the existing connection to be used for a period of time specified or until the connection specified in the permit application is constructed and the existing connection is modified or closed. If necessary to ensure safety and highway integrity, modifications of unpermitted connections will be required by the Department as a requirement of permit approval, subject to the requirements of this rule chapter and Chapter 120, F.S. If the application is denied, the Department shall notify the property owner or lessee of the denial, with a copy to the occupant, and shall immediately close the unpermitted connection(s), subject to the provisions of this rule chapter and Chapter 120, F.S.

2. In lieu of filing an application, the property owner or lessee may challenge the requirement to file a permit application by filing in accordance with Rule Chapter 28-106, F.A.C., a timely written request (within 21 days of receipt of notice) for an administrative proceeding stating the reasons why a permit is not required for the connection. In such a case, final action to modify the unpermitted connection shall be taken in accordance with the results of the administrative proceeding.

(6) Responsibility for Costs of Correcting Deficiencies. The property owner or its designated representative and current user of the connection shall be responsible for the costs of modifications required pursuant to actions taken in accordance with the procedure in Rule 14-96.011, F.A.C.

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 ______.

14-96.015 Department Design and Construction Projects.

When existing access connections are modified or closed by a Department project including those referenced in Section 335.199, F.S., access will be provided to abutting properties, subject to reasonable regulation as referred to in Section 335.181(1) and (2)(a)(b), F.S. To the maximum extent feasible, modified this new access will be consistent with adopted Department connection standards.

(1) Corridors will be examined during the preliminary engineering and design phases to determine if existing connections, median openings, and signals spacing and design standards are in conformance, or can be brought into conformance, with adopted Department standards. Traffic control features and devices as referenced in Rule 14-96.002(34), F.A.C, are not part of a connection.

(2) When a permitted or grandfathered connection is modified as part of a Department construction project, and not due to a significant change, no additional permit shall be required.

(3) Where existing access connections are to be modified or closed as part of a Department contruction project and the Department is not planning to acquire any portion of the property for the project, the Department will provide an opportunity to affected property owners, municipalities and counties to comment regarding potential impacts of proposed changes to existing connections, notice and provide notice to affected property owners of an opportunity for an administrative proceeding pursuant to Rule 14-96.0011, F.A.C., and Chapter 120, F.S. For purposes of Rule paragraph 14-96.011(1)(d), F.A.C., construction plans for a Department project signed, sealed, and dated by a Professional Engineer licensed registered in the State of Florida shall substantiate a connection’s non-conformance with Department standards or potential safety or operational problem, and a separate engineering study shall not be required.

(4) A new permit will be required at a property owner’s expense to establish a new access connection or alter an existing access connection from the plans provided to the Department. The construction of new access connection points, if approved by the Department through the permit process in this rule chapter, shall be at the property owner’s expense by either the Department’s contractor as part of the construction project or by the owner’s contractor.

(5) The Department will bear the cost of modification of existing permitted or programed access approved connections necessitated solely by Department construction projects.

(6) The Department shall require that work done by a property the owner’s contractor be accomplished without interfering with the Department’s contractor.

Rulemaking Authority 334.044(2), 335.182(2), 335.188 FS. Law Implemented 334.044(14), 335.182-335.1825, 335.184, 335.187, 335.199 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03 ______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jenna Bowman, Systems Management Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jared Perdue, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 7, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 7, 2022

Document Information

Comments Open:: 10/6/2022
Summary:: The proposed amendments to Chapter 14-96, Florida Administrative Code, update forms incorporated by reference, amend the definitions providing clarity as to responsibilities; identifies when an Intersection Control Evaluation analysis is required; identifies when a permit fee is not required for property owner initiated safety improvements; identifies revised requirements for pre-application meetings and the applicant’s filing requirements; identifies an applicant’s notice ...
Purpose:: Amendments update forms incorporated by reference, revise the definitions to provide clarity as to the permit applicant’s responsibilities, identify the applicant’s filing and notice requirements to request the installation of medians and traffic control devices within the right-of-way, and amends the evaluation criteria and procedures to be followed during the modification, closure or revocation of access connections to the State Highway System.
Rulemaking Authority:: 334.044(2), 335.182(2), 335.183, 335.184, F.S.
Law:: 334.044(14), 335.18, 335.181, 335.182, 335.1825, 335.183, 335.184, 335.185, 335.187, 335.188, 335.199, F.S.
Related Rules: (10): 14-96.0011. Forms; 14-96.002. Definitions; 14-96.003. General Provisions; 14-96.004. Connection Categories and Fees; 14-96.005. Application; More ...