1. (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:

   1. (a) A significant change in the use, design, or traffic flow of the connection.
   2. (b) The connection was not constructed at the location or in accordance with the design specified in the permit.
   3. (c) Permit conditions are not met by the permittee.

   4. (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.

   5. (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. (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.

   1. (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 HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-14642" 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.
   2. (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.
   3. (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. (3) Unpermitted Connections.

   1. (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).
   2. (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. (4) Modification or Closure of Unpermitted Connections.

   1. (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.

   2. (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.

   3. (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. (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.

   1. (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.

   2. (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. (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.

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, 4-2-23.