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 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 subsection 14-96.002(34), F.A.C, are not part of a connection.

(2) When a 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, 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 paragraph 14-96.011(1)(d), F.A.C., construction plans for a Department project signed, sealed, and dated by a Professional Engineer licensed 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.

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

(6) The Department shall require that work done by a property 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-.1825, 335.184, 335.187, 335.199 FS. History–New 4-18-90, Amended 7-16-95, 1-23-03, 4-2-23.