Florida § 335.184 - Access permit review process by the department; permit denial; justification; administrative review.

§ 335.184. Access permit review process by the department; permit denial; justification; administrative review.

The review process for access permit applications made by the department shall be as follows: (1) Any person seeking an access permit shall file an application with the department in the district in which the property for which the permit being requested is located. The department, by rule, shall establish application form and content requirements. The fee as required by s. 335.183 must accompany the application. (2) All permit applications shall be reviewed in conformity with s. 120.60. (3) A property owner shall be granted a permit for an access connection to the abutting state highway, unless the permitting of such access connection would jeopardize the safety of the public or have a negative impact upon the operational characteristics of the highway. Such access connection and permitted turning movements shall be based upon standards and criteria adopted, by rule, by the department. (a) In making the determination of whether to deny access to an abutting property owner, the department may consider, but is not limited to considering: 1. The number or severity of traffic accidents occurring on the segment of the highway to which access is sought, and the impact thereon from providing such access; 2. The operational speed on the segment of the highway to which such access is sought and the level and amount of deceleration which such access would cause; 3. The geographic location of the segment of the highway to which such access is sought; 4. The operational characteristics of the segment of the highway to which such access is sought and the impact thereon from providing such access; or 5. The level of service of the segment of the highway to which such access is sought and the impact thereon from providing such access. (b) If the department denies an application for an access permit, it must send written notification of such denial to the applicant. Such notification must include the specific reasons for the denial and inform the applicant of his or her rights under paragraphs (c) and (d). (c) An applicant whose permit has been denied may, within 7 days after the receipt of notification of such denial, request a meeting with department personnel to determine whether any means exist by which the reasons for denial of a permit may be mitigated so that the permit may be issued. Upon the timely receipt of a written request for such meeting, the appropriate department personnel shall meet with the applicant to attempt such mitigation. Such request or the failure to make such request, any statements made during such meeting, and the results of such meeting shall not be admissible in any subsequent judicial or administrative proceeding regarding the denial of an access permit. (d) The denial of an access permit pursuant to this section shall be subject to administrative review under the provisions of chapter 120. Nothing in this subsection limits the department’s authority to restrict the operational characteristics of a particular means of access.