Homestead, FL asked in Construction Law and Land Use & Zoning for Florida

Q: Construction project severely affecting traffic and subsequent revenue of businesses in my shopping center

Construction project in front of the shopping center where my restaurant is located has been obstructing traffic to the point that during certain times of the day there is 1 lane width of an entrance meant to double as an exit, causing congestion and frustration for all patrons. We are unable to have outdoor seating due to constant dust being kicked up and other factors stemming from this project. If I'm not mistaken, they are required to post blue signs with the name of the businesses on the side of the road which they have not done so.

In general, the whole project seems suspect, like it's not "up to code" and I have personally seen the construction workers illegally re-direct traffic by getting in the middle of the road and stopping cars to make way for a bulldozer (just 1 example) which a friend in my citie's code compliance dept. said is "wildly illegal" but apparently it falls under a state-level jurisdiction. Not sure, hence my post on this website!

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Real Estate Law Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: IMO, you are wasting your time complaining about road construction improvements ("progress") not controlled by either your city or your county government. The State of Florida, Department of Transportation has statutory authority to do whatever it thinks needs to be done when improving Florida's public roads.

On the brighter side, I can tell you that the State of Florida will (eventually) fix anything they might break during the state projects; but you have to prove the State's contractors actually caused the alleged damage.

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