(1) Unpermitted connections to the State Highway System in existence on July 1, 1988, which have been in continuous use for a period of 1 year or more shall not require the issuance of a permit and may continue to provide access to the State Highway System. However, the department may require that a permit be obtained for such a connection if a significant change occurs in the use, design, or traffic flow of the connection. If a permit is not obtained, the connection may be closed pursuant to s. 335.1825(3).
(2) Access permits in effect on July 1, 1988, shall remain valid until modified or revoked. The department may, after written notification and a hearing, as provided for in s. 120.60, modify or revoke an access permit granted prior to July 1, 1988, by requiring relocation, alteration, or closure of the connection if a significant change occurs in the use, design, or traffic flow of the connection.
(3) The department may issue a nonconforming access permit after finding that to deny an access permit would leave the property without a reasonable means of access to the State Highway System. The department may specify limits on the maximum vehicular use of the connection and may be conditioned on the availability of future alternative means of access for which access permits can be obtained.
(4) After written notice and the opportunity for a hearing, as provided for in s. 120.60, the department may modify or revoke an access permit issued after July 1, 1988, by requiring relocation, alteration, or closure of an existing connection if a significant change occurs in the use, design, or traffic flow of the connection.
(5) A means of reasonable access to an abutting state highway may not be denied to a property owner, except on the basis of safety or operational concerns as provided in s. 335.184.
History.—s. 10, ch. 88-224; s. 105, ch. 92-152.
Structure Florida Statutes
Title XXVI - Public Transportation
Chapter 335 - State Highway System
335.01 - Designation and Systemization of Public Roads.
335.0415 - Public Road Jurisdiction and Transfer Process.
335.055 - Routine Maintenance Contracts.
335.06 - Access Roads to the State Park System.
335.064 - Pedestrian Walkways and Fishing Walks or Bays; Authority to Construct.
335.065 - Bicycle and Pedestrian Ways Along State Roads and Transportation Facilities.
335.066 - Safe Paths to Schools Program.
335.07 - Sufficiency Rating System for Roads on State Highway System.
335.074 - Safety Inspection of Bridges.
335.08 - Numbering Public Roads.
335.085 - Installation of Roadside Barriers Along Certain Water Bodies Contiguous With State Roads.
335.09 - Uniform Erection and Maintenance of Traffic Control Devices.
335.091 - Blue Star Memorial Highway Designation.
335.092 - Everglades Parkway Scenic Highway.
335.093 - Scenic Highway Designation.
335.10 - State Highway System; Vehicle Regulation; Prohibited Use and Traffic; Liability for Damage.
335.141 - Regulation of Public Railroad-Highway Grade Crossings; Reduction of Hazards.
335.16 - Wayside Parks and Access Roads to Public Waters.
335.167 - State Highway Construction and Maintenance; Florida-Friendly Landscaping.
335.17 - State Highway Construction; Means of Noise Abatement.
335.181 - Regulation of Access to State Highway System; Legislative Findings, Policy, and Purpose.
335.182 - Regulation of Connections to Roads on State Highway System; Definitions.
335.1825 - Access Permit Required; Authority to Close Unpermitted Connections.
335.183 - Permit Application Fee.
335.185 - Permit Conditions; Expiration.
335.188 - Access Management Standards; Access Control Classification System; Criteria.
335.199 - Transportation Projects Modifying Access to Adjacent Property.