Fla. Admin. Code Ann. R. 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 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.
(c) Permit conditions are not met by the
permittee.
(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 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 by
the property owner and provided to the Department.
2. Alternative solutions proposed by the
property owner.
(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 modification is due
to noncompliance, this notice will include the Violation and Notice to Show
Cause, Form 850-040-26, incorporated by reference at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14642,
effective 08/22. 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 and the
connection to the State Highway shall be modified 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 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 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 (4) and are subject to the notification process in
subsection (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 (4), and are subject to the notification process in
subsection (5).
(4)
Modification or Closure of Unpermitted Connections.
(a) The Department will require that a permit
be obtained in accordance with subsection
14-96.005(2),
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
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 Professional Engineer licensed 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.
(c) If the
Department acts to modify or close an 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 and provided to the
Department.
2. Alternative
solutions proposed by the property owner.
(5)
Notification Process for
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
unpermitted 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 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.
Notes
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.
New 4-18-90, Amended 7-16-95, 6-24-99, 1-23-03, 7-2-06, 4-2-23.
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