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Florida Statute 335.188 | Lawyer Caselaw & Research
F.S. 335.188 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION
Chapter 335
STATE HIGHWAY SYSTEM
View Entire Chapter
F.S. 335.188
335.188 Access management standards; access control classification system; criteria.
(1) The department shall develop, adopt, and maintain an access control classification system for all routes on the State Highway System, the purpose of which shall be to provide for the implementation and continuing application of the provisions of this act.
(2) The principal component of the access control classification system shall be access management standards, the purpose of which shall be to provide specific standards and criteria to be adhered to in the planning for and approval of access to roads on the State Highway System.
(3) The control classification system shall be developed consistent with the following:
(a) The department shall adopt rules setting forth procedures governing the implementation of the access control classification system required by this act. The rule shall provide for input from the entities described in paragraph (b) as well as for public meetings to discuss the access control classification system. Nothing in this act affects the validity of the department’s existing or subsequently adopted rules concerning access to the State Highway System. Such rules shall remain in effect until repealed or replaced by the rules required by this act.
(b) The access control classification system shall be developed in cooperation with counties, municipalities, the state land planning agency, regional planning councils, metropolitan planning organizations, and other local governmental entities.
(c) The rule required by this section shall provide for notification by publication in a local newspaper of general circulation prior to a change in the assignment of a road segment to a specific access category. The assignment or reassignment of a road segment to a specific access category shall be made in consideration of the following criteria:
1. The current functional classification of each road on the State Highway System;
2. Existing and projected traffic volumes;
3. Existing and projected state, local, and metropolitan planning organization transportation plans and needs;
4. Drainage requirements;
5. The character of lands adjoining the highway;
6. Local land use plans and zoning, as set forth in comprehensive plans;
7. The type and volume of traffic requiring access;
8. Other operational aspects of access;
9. The availability of reasonable access to a state highway by way of county roads and city streets, as applicable to the classification of such roadway segment only; and
10. The cumulative effect of existing and projected connections on the State Highway System’s ability to provide for the safe and efficient movement of people and goods within the state.
(d) Access management standards shall include, but not be limited to, connection location standards, safety factors, design and construction standards, traffic control devices, and effective maintenance of the roads. The standards shall also contain criteria for the spacing of connections, intersecting streets, roads, and highways.
(e) An access control category shall be assigned to each segment of the State Highway System.
History.s. 11, ch. 88-224; s. 4, ch. 89-232; s. 106, ch. 92-152; s. 80, ch. 99-385.

F.S. 335.188 on Google Scholar

F.S. 335.188 on Casetext

Amendments to 335.188


Arrestable Offenses / Crimes under Fla. Stat. 335.188
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 335.188.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DIXIE OIL COMPANY OF FLORIDA, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 657 So. 2d 1258 (Fla. Dist. Ct. App. 1995)

. . . to comply with the provisions of the “State Highway System Access Management Act”, sections 335.18-335.188 . . .