Florida Regulations 14-96.002: Definitions
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All terms in this rule chapter shall have the same meaning as those in Florida Statutes § 334.03 For the purposes of this rule chapter the following definitions of the terms shall apply unless the context clearly indicates otherwise:
(1) “”Applicant”” means the person submitting a Driveway/Connection Application for All Categories, Form 850-040-15, (08/22), as incorporated by reference in Fl. Admin. Code R. 14-96.005. An applicant may be a property owner or the owner’s authorized agent. The Department will also accept a driveway connection application by a person holding an unrecorded interest in the property, such as a lease, that includes the right of access to the property, upon written proof of authorization from the property owner to submit the application executed before a notary public.
(2) “”Application”” means a completed Driveway/Connection Application for All Categories, Form 850-040-15, 08/22, as incorporated by reference in Fl. Admin. Code R. 14-96.005, the required application fee, and related property, site, driveway, roadway and traffic information required in this rule chapter.
(3) “”Average Daily Traffic (ADT)”” means the average number of vehicles passing a specific point on a connection or roadway on an average day.
(4) “”Connection”” means as defined in Section 335.182(3)(a), F.S.
(5) “”Connection Category”” means a Department assigned permit designation based on estimated vehicle trips per day to and from the property as set forth by Fl. Admin. Code R. 14-96.004, or derived through generally accepted professional practice.
(6) “”Connection Permit”” means a written authorization issued by the Department allowing for the construction of a specifically designed connection and any specific conditions related to the subject connection to the State Highway System at a specific location generating an estimated volume of traffic.
(7) “”Connection Relocation, Alteration, or Closure”” (pursuant to Florida Statutes § 335.187) means as follows:
(a) “”Alteration”” of a connection means Department action to substantially change the width of a connection or to change the availability of right turn exits or right turn entries. For purposes of this provision, two connections, one providing right turn entry and the other providing right turn exit, shall be considered one connection if they are within functional proximity of each other.
(b) “”Closure”” of a connection means a prohibition of the ability to enter and exit via the connection.
(c) “”Relocation”” of a connection means an action to substantially move a connection, or to move a connection to a service road connected to the state highway.
(8) “”Controlled Access Facility”” for the purpose of this rule chapter means a transportation facility to which access is regulated through the use of a permitting process by the Department and as defined in Florida Statutes § 334.03(7)
(9) “”Department”” means the Florida Department of Transportation.
(10) “”Development Approval or Order”” means an official action by the governmental authority having jurisdiction to approve a development site plan or to authorize construction of any permanent improvements on the property.
(11) “”Directional Median Opening”” means an opening in a restrictive median designed to control certain and specific turning movements from the state highway.
(12) “”Distance Between Connections”” means the distance measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.
(13) “”Florida Intrastate Highway System”” means the system of limited access and controlled access facilities, which are part of the State Highway System, and are developed and managed to have the capacity to provide for high speed and high volume traffic movements in an efficient and safe manner. Highways on the Florida Intrastate Highway System may only be included as part of this system as designated pursuant to Sections 334.03 and 338.01, F.S.
(14) “”Full Median Opening”” means an opening in a restrictive median designed to allow all safe turning movements.
(15) “”Generally Accepted Professional Practice”” for the purpose of this rule chapter means the use of Professional Engineering and planning knowledge in the applicable professional publications, such as traffic studies or traffic study guidelines done in accordance with the procedures of recognized traffic or transportation organizations and agencies such as the Transportation Research Board, Eno Foundation, Institute of Transportation Engineers, or design standards or principles of the American Association of State Highway and Transportation Officials (AASHTO), the Department, or the Federal Highway Administration (FHWA).
(16) “”Governmental Entity”” means as defined in Florida Statutes § 11.45, or an officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.
(17) “”Joint Use Connection”” means a connection that provides access to more than one property or development including those in different ownerships.
(18) “”Limited Access Facility”” means a street or highway established as such pursuant to Florida Statutes § 338.01, and meeting the definition of Florida Statutes § 334.03(12), including interchange areas and other facilities within the limited access right of way.
(19) “”Median”” means a Traffic Control Feature or Device which is the portion of a divided highway separating vehicular traffic traveling in opposite directions. See “”Restrictive Median”” and “”Non-Restrictive Median”” also defined.
(20) “”Modification”” of a connection means relocation, alteration, or closure of a connection.
(21) “”Non-Restrictive Median”” means a Traffic Control Feature or Device which is a median or painted centerline which does not provide a physical barrier between center traffic turning lanes or traffic lanes traveling in opposite directions. This includes highways with continuous center turn lanes and undivided highways. See “”Restrictive Median”” also defined.
(22) “”Operational Characteristics of a Connection,”” as specified in Florida Statutes § 335.184(3), means turning movements, turning radii, channelization, grade, and connection width.
(23) “”Property Owner”” means the person or persons holding the recorded title to property abutting the State Highway System, and other persons holding a recorded interest in such property that includes the right of access.
(24) “”Public Road System”” means the State Highway System, county roads, and city streets.
(25) “”Reasonable Access”” means the minimum number of connections, direct or indirect, necessary to provide safe and efficient ingress and egress to the State Highway System based on Sections 335.181 and 335.188, F.S., the Access Management Classification, projected connection and roadway traffic volumes, and the type and intensity of the land use.
(26) “”Replacement”” means reconstructing an existing connection without alteration or relocation of the connection.
(27) “”Restrictive Median”” means a Traffic Control Feature or Device which is the portion of a divided highway physically separating vehicular traffic traveling in opposite directions. Restrictive medians are physical barriers that restrict movement of traffic across the median such as a concrete barrier, a raised curb island guard rail, or a grassed or swaled median.
(28) “”Right of Way”” means land or interest therein, acquired for or devoted to transportation purposes and as definied in Florida Statutes § 334.03(21) More specifically, land in which the governmental entity owns the fee simple title, has an easement devoted to or acquired for use as a public road and appurtenant facilities, or has established ownership by means of a published map pursuant to Florida Statutes § 95.361
(29) “”Safety Upgrade Category”” includes all modifications to existing connections initiated by the property owner, which improve the safety of the public road system(s) and the connection. This category is not applicable to connections involving significant change. Examples of this type of work are increase of turning radii, channelization, resurfacing, relocation to improve connection spacing, widening or narrowing of a connection to better meet Department standards, and connection closure.
(30) “”Security Instrument”” means a letter of credit or bond as described in Florida Statutes § 334.187
(31) “”Service Road”” means a public roadway that is part of the State Roadway System, and provides access to parcels adjacent to a controlled access facility.
(32) “”Significant Change”” means as defined in Section 335.182(3)(b), F.S. If the Department determines that the increased traffic generated by the property does not require modifications to the existing permitted connections, a new permit application shall not be required.
(33) “”State Highway System”” means the network of limited access and controlled access highways that have been functionally classified as such, and which are under the jurisdiction of the State of Florida pursuant to Florida Statutes § 334.03(24) and as defined in Florida Statutes § 334.03(24)
(34) “”Traffic Control Features and Devices”” includes signs, markings, traffic signals, channelizing islands, medians, median openings, and turn-auxilary lanes, described in the Manual on Uniform Traffic Control Devices (MUTCD), (incorporated by reference in Fl. Admin. Code R. 14-15.010).
(35) “”Traveled Way”” means the portion of roadway for the movement of vehicles, not including shoulders and auxiliary lanes.
(36) “”Trip”” means a one way person movement using any mode (vehicle, pedestrian, transit, bicycle). For example, two customers visiting an establishment in the same car usually equals two vehicle trips (one in and one out) and four person tripes (two in and two out).
(37) “”Trip Generation”” means the number of trips, existing or projected, based on actual counts or the estimation methodology in the 11th Edition of the Institute of Transportation Engineers Trip Generation Manual as incorporated by reference in Fl. Admin. Code R. 14-96.005, or other generally accepted professional practice.
(38) “”Vehicle Trips Per Day (VTPD)”” means the average number of vehicle trips generated on an average day by a specific site development. For the purpose of this rule chapter VTPD will not be adjusted for roadway diversion, which estimates what percent of land use trips were already existing on the road system and not new trips specially generated by the land use.
Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 335.18-.188 FS. History-New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03, 4-2-23.
Terms Used In Florida Regulations 14-96.002
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(2) “”Application”” means a completed Driveway/Connection Application for All Categories, Form 850-040-15, 08/22, as incorporated by reference in Fl. Admin. Code R. 14-96.005, the required application fee, and related property, site, driveway, roadway and traffic information required in this rule chapter.
(3) “”Average Daily Traffic (ADT)”” means the average number of vehicles passing a specific point on a connection or roadway on an average day.
(4) “”Connection”” means as defined in Section 335.182(3)(a), F.S.
(5) “”Connection Category”” means a Department assigned permit designation based on estimated vehicle trips per day to and from the property as set forth by Fl. Admin. Code R. 14-96.004, or derived through generally accepted professional practice.
(6) “”Connection Permit”” means a written authorization issued by the Department allowing for the construction of a specifically designed connection and any specific conditions related to the subject connection to the State Highway System at a specific location generating an estimated volume of traffic.
(7) “”Connection Relocation, Alteration, or Closure”” (pursuant to Florida Statutes § 335.187) means as follows:
(a) “”Alteration”” of a connection means Department action to substantially change the width of a connection or to change the availability of right turn exits or right turn entries. For purposes of this provision, two connections, one providing right turn entry and the other providing right turn exit, shall be considered one connection if they are within functional proximity of each other.
(b) “”Closure”” of a connection means a prohibition of the ability to enter and exit via the connection.
(c) “”Relocation”” of a connection means an action to substantially move a connection, or to move a connection to a service road connected to the state highway.
(8) “”Controlled Access Facility”” for the purpose of this rule chapter means a transportation facility to which access is regulated through the use of a permitting process by the Department and as defined in Florida Statutes § 334.03(7)
(9) “”Department”” means the Florida Department of Transportation.
(10) “”Development Approval or Order”” means an official action by the governmental authority having jurisdiction to approve a development site plan or to authorize construction of any permanent improvements on the property.
(11) “”Directional Median Opening”” means an opening in a restrictive median designed to control certain and specific turning movements from the state highway.
(12) “”Distance Between Connections”” means the distance measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.
(13) “”Florida Intrastate Highway System”” means the system of limited access and controlled access facilities, which are part of the State Highway System, and are developed and managed to have the capacity to provide for high speed and high volume traffic movements in an efficient and safe manner. Highways on the Florida Intrastate Highway System may only be included as part of this system as designated pursuant to Sections 334.03 and 338.01, F.S.
(14) “”Full Median Opening”” means an opening in a restrictive median designed to allow all safe turning movements.
(15) “”Generally Accepted Professional Practice”” for the purpose of this rule chapter means the use of Professional Engineering and planning knowledge in the applicable professional publications, such as traffic studies or traffic study guidelines done in accordance with the procedures of recognized traffic or transportation organizations and agencies such as the Transportation Research Board, Eno Foundation, Institute of Transportation Engineers, or design standards or principles of the American Association of State Highway and Transportation Officials (AASHTO), the Department, or the Federal Highway Administration (FHWA).
(16) “”Governmental Entity”” means as defined in Florida Statutes § 11.45, or an officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.
(17) “”Joint Use Connection”” means a connection that provides access to more than one property or development including those in different ownerships.
(18) “”Limited Access Facility”” means a street or highway established as such pursuant to Florida Statutes § 338.01, and meeting the definition of Florida Statutes § 334.03(12), including interchange areas and other facilities within the limited access right of way.
(19) “”Median”” means a Traffic Control Feature or Device which is the portion of a divided highway separating vehicular traffic traveling in opposite directions. See “”Restrictive Median”” and “”Non-Restrictive Median”” also defined.
(20) “”Modification”” of a connection means relocation, alteration, or closure of a connection.
(21) “”Non-Restrictive Median”” means a Traffic Control Feature or Device which is a median or painted centerline which does not provide a physical barrier between center traffic turning lanes or traffic lanes traveling in opposite directions. This includes highways with continuous center turn lanes and undivided highways. See “”Restrictive Median”” also defined.
(22) “”Operational Characteristics of a Connection,”” as specified in Florida Statutes § 335.184(3), means turning movements, turning radii, channelization, grade, and connection width.
(23) “”Property Owner”” means the person or persons holding the recorded title to property abutting the State Highway System, and other persons holding a recorded interest in such property that includes the right of access.
(24) “”Public Road System”” means the State Highway System, county roads, and city streets.
(25) “”Reasonable Access”” means the minimum number of connections, direct or indirect, necessary to provide safe and efficient ingress and egress to the State Highway System based on Sections 335.181 and 335.188, F.S., the Access Management Classification, projected connection and roadway traffic volumes, and the type and intensity of the land use.
(26) “”Replacement”” means reconstructing an existing connection without alteration or relocation of the connection.
(27) “”Restrictive Median”” means a Traffic Control Feature or Device which is the portion of a divided highway physically separating vehicular traffic traveling in opposite directions. Restrictive medians are physical barriers that restrict movement of traffic across the median such as a concrete barrier, a raised curb island guard rail, or a grassed or swaled median.
(28) “”Right of Way”” means land or interest therein, acquired for or devoted to transportation purposes and as definied in Florida Statutes § 334.03(21) More specifically, land in which the governmental entity owns the fee simple title, has an easement devoted to or acquired for use as a public road and appurtenant facilities, or has established ownership by means of a published map pursuant to Florida Statutes § 95.361
(29) “”Safety Upgrade Category”” includes all modifications to existing connections initiated by the property owner, which improve the safety of the public road system(s) and the connection. This category is not applicable to connections involving significant change. Examples of this type of work are increase of turning radii, channelization, resurfacing, relocation to improve connection spacing, widening or narrowing of a connection to better meet Department standards, and connection closure.
(30) “”Security Instrument”” means a letter of credit or bond as described in Florida Statutes § 334.187
(31) “”Service Road”” means a public roadway that is part of the State Roadway System, and provides access to parcels adjacent to a controlled access facility.
(32) “”Significant Change”” means as defined in Section 335.182(3)(b), F.S. If the Department determines that the increased traffic generated by the property does not require modifications to the existing permitted connections, a new permit application shall not be required.
(33) “”State Highway System”” means the network of limited access and controlled access highways that have been functionally classified as such, and which are under the jurisdiction of the State of Florida pursuant to Florida Statutes § 334.03(24) and as defined in Florida Statutes § 334.03(24)
(34) “”Traffic Control Features and Devices”” includes signs, markings, traffic signals, channelizing islands, medians, median openings, and turn-auxilary lanes, described in the Manual on Uniform Traffic Control Devices (MUTCD), (incorporated by reference in Fl. Admin. Code R. 14-15.010).
(35) “”Traveled Way”” means the portion of roadway for the movement of vehicles, not including shoulders and auxiliary lanes.
(36) “”Trip”” means a one way person movement using any mode (vehicle, pedestrian, transit, bicycle). For example, two customers visiting an establishment in the same car usually equals two vehicle trips (one in and one out) and four person tripes (two in and two out).
(37) “”Trip Generation”” means the number of trips, existing or projected, based on actual counts or the estimation methodology in the 11th Edition of the Institute of Transportation Engineers Trip Generation Manual as incorporated by reference in Fl. Admin. Code R. 14-96.005, or other generally accepted professional practice.
(38) “”Vehicle Trips Per Day (VTPD)”” means the average number of vehicle trips generated on an average day by a specific site development. For the purpose of this rule chapter VTPD will not be adjusted for roadway diversion, which estimates what percent of land use trips were already existing on the road system and not new trips specially generated by the land use.
Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 335.18-.188 FS. History-New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03, 4-2-23.