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.
Notes
Fla. Admin. Code Ann. R. 14-96.015
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.
New 4-18-90, Amended
7-16-95, 1-23-03, Amended by
Florida
Register Volume 49, Number 055, March 21, 2023 effective
4/2/2023.
New 4-18-90, Amended 7-16-95, 1-23-03,
4-2-23.
