The Department may issue a permit for a connection not meeting Department location and spacing criteria standards in rule Fl. Admin. Code Chapter 14-97, if the Department determines that a conforming connection is not attainable at the time of the permit application submittal, that denial would leave the property without access to the public road system, and that the connection would not jeopardize the safety of the public or have a negative impact upon the operation of the highway. The Department also shall issue a connection permit requiring a legally enforceable cross-access connection when determined to be in the best interest of the State for restoring or maintaining the operational efficiency and safety of the State Highway System. Non-conforming connection permits shall specify conditions or limits including:
    (1) The maximum vehicular type and volume of the connection.
    (2) The construction of a conforming connection when future alternate means can be obtained with removal of the non-conforming connection.
    (3) The properties to be served by the connection.
    (4) When an adjoining property owner consents to cross access or joint access, the agreement between the parties will be recorded in the public records.
Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.181-.1825, 335.185, 335.187 FS. History-New 4-18-90, Amended 1-23-03, 4-2-23.