State, Department of Transportation v. Calusa Trace Development, Corp.

PARKER, Judge.

The State of Florida, Department of Transportation (DOT) appeals a final order entered by the trial court in favor of Calu-sa Trace Development Corporation (Calu-sa), granting Calusa’s motion for final summary judgment and issuing a writ of mandamus commanding the DOT to grant a permit within fifteen days approving Calu-sa’s application for connection to the state highway system. The issue we must resolve is:

Does section 120.60(2),1 Florida Statutes (1989) require the DOT to grant or deny a connection permit application in writing within ninety days after receipt of that…