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Can the Florida DOT require/force a business to place traffic…

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Can the Florida DOT require/force...
Can the Florida DOT require/force a business to place traffic control signs such as "Do Not Enter" signs in order to preclude customers from making a left turn into the business parking lot?

The business has operated for about 25 years previously without such signs, and the uses of the land and building have been, a resturant, a U.S. Post Office, a retail Golf store, a Power Sports store selling motorcycles, ATV and Jet Skis.

Left turns have been made into this site consistently by all manners of vehicles including passenger cars and trucks, vehicles pulling trailers and 40 ft semi trucks. No traffic incidents have occured previously.
Submitted: 8 years ago.Category: Legal
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Answered in 20 minutes by:
6/9/2010
Lawyer: HPlawyer, Attorney replied 8 years ago
HPlawyer
HPlawyer, Attorney
Category: Legal
Satisfied Customers: 874
Experience: GA Lawyer
Verified
Whether the DOT can actually force a business to place such a control sign is likely going to be depend on a number of individual facts and details surrounding your particular situation-- it's probably not a simple a "yes" or "no" question.



If you really want to dispute this sign, then I am going to strongly suggest that you speak with and obtain the assistance of a local attorney that focuses on "administrative law" and do so quickly. All too often, I see individuals like yourself who are dealing with similar situations but ultimately fail to raise viable defenses or nuances in the law, and therefore, jeopardize their rights. Such defenses may be deemed as "waived" because they are not timely asserted. Accordingly, even if you decide to retain an attorney in the future to assist you-- and the attorney knows of such a defense for your situation, and it's a strong defense-- the attorney may be prevented from raising it because you waived such defense.

For instance, instead of disputing whether or not the DOT can be placing a sign on your property, it's possible that you should simply be disputing "notice" or "service" at this stage of the proceeding, or raising other defenses.

Having facts in your favor (such as having no previous traffic incidents) could be useful, but ultimately, the attorney will need to make arguments based on the proper laws, rules, and regulations as well. Solely by way of example, perhaps the DOT is required to perform a safety analysis before recommending that such a sign be placed, and perhaps the DOT did not perform such an analysis in accordance with its own rules and regulations.

In short, it sounds like you may have some strong arguments, but do yourself a favor and speak with an attorney that practices administrative law, and do so immediately. The matter you are dealing with could be very time sensitive. Just to give you an example, In Georgia, within the context of some administrative hearings, all defenses must be raised within 10 days of being served with notice of a hearing for such matter.







DISCLAIMER: Although I am an attorney, I am not your attorney under any circumstances, period. I require a written engagement letter to serve as someone's attorney. Please keep in mind that everything you say in this exchange is readily accessible to the public (whether it is law enforcement, your nosy next door neighbor, or your mother-in-law, they can read what you write). Do not say anything that you do not want publicly known. If you want legal advice or an attorney-client relationship, and all the benefits that come with the attorney-client privilege, you should seek and retain local qualified counsel. You should also keep in mind that any information I give you is based on the limited facts you provide me, and any additional facts could substantially or completely alter any information I give you. Just for the record, unless you live in Georgia, I am not licensed to practice law in your jurisdiction. In fact, my knowledge of laws is limited to Georgia. I am not an "expert"-- just a lawyer. Any information I provide you is for general information and educational purposes and shall not constitute legal advice. Consider it a good first step in your knowledge acquisition.









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