Is there any way to force the County to maintain a county public road or enforce ordinances?

Ms. B

New Member
Jurisdiction
Florida
I'm at my wits end. I'm disabled, homebound on long term care. I live on a county dirt road (dedicated to the public) that the county refuses to maintain so I've maintained it for over 25 years to keep it passable.

New construction came. They destroyed the drainage, eliminated the swale and destroyed the road. The new owner decided to take 30 foot of the road to extend their yard, leaving about 8 foot of the 50 ft. ROW for passage because of an embankment. They blocked off the road with fencing, railroad ties, concrete, trees and then placed their mailbox smack in the middle of the road. Dug up what was left of the road base I had laid for 25 years and made it impassable at times. Now they park in the road (visitor & services) totally blocking it off to emergency vehicles. They are violating multiple County and State laws but because the County doesn't have the road in their maintenance system, they will not enforce the laws.

Hired an attorney, he took what little money I had, couldn't even file the complaint properly, got dismissed with 20 days to amend. Then he disappeared on me on me for a year and a half. I filed a bar complaint and he went and filed the amended complaint (a year and a half too late and filed the same complaint that was originally dismissed again) of course it was dismissed a second time but the judge let me file it pro-se because I couldn't find another attorney.

I've done pretty good until a hearing a couple days ago on a motion to dismiss for lack of standing and cause of action. I defended it pretty good I think but the attorney then started claiming I was claiming things I wasn't, flat out lied to the judge multiple times claiming I had not put certain things in that I had and the judge was so confused at one point he thought I was contesting a homeowners association claim because of the misinformation the other attorney kept feeding him. Right now, the judge has it under advisement but I'm pretty sure I will lose, with prejudice.

In the mean time for over two years this woman has harassed, stalked and terrorized me to the point I've developed heart and anxiety issues on top of my previous medical issues. It's going to kill me and an ambulance will not even be able to get to me when I have the stroke or heart attack.

I'm sorry this is so long, I'm fighting for my very life here so my question is, how can I make the County do their job and enforce their ordinances? Or even fix the road. It's my last option.

Legal aid can not help because they don't take this kind of case. I qualify with only $800 month Social Security but no one can or will help me.

They have blocked an ambulance from getting to me once already but the County says the chances of it happening again are slim. That I'll be just fine.
 
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These fine bureaucrats may just be the help you require.

You can try reaching out to one of your city, county, or state elected officials, even your governor.

Legal Assistance for Elders
The Department of Elder Affairs' Florida Senior Legal Helpline provides free legal advice and brief service by phone to eligible seniors age 60 and older. The toll-free number is 1-888-895-7873.
Have you reached out to any of your LOCAL elected officials?

The Department of Elder Affairs' Elder Helpline can refer seniors to legal providers that receive funding through the Older Americans Act. The toll-free number is 1-800-963-5337 (1-800-96-ELDER).

The Florida Bar Lawyer Referral Service can assist seniors and other persons in finding an attorney, particularly those persons who are not eligible for publicly funded legal services or who have a legal need that cannot be met through legal aid.
The toll-free number is 1-800-342-8011.

Home - DOEA
 
I have reached out to ALL of them and even disability help sites. Elder Affairs just refers me to the Florida Bar Lawyer Referral Service who I have contacted every attorney they refer me to and about 50 others. I have been diligent in exhausting all avenues. I'm 58 and a half, so I'm just under the age requirement.

I've contacted my County Commissioners, Road Dept., County Attorney, Sheriffs dept., code enforcement. The county will not help me because they are afraid that if they enforce their ordinance then it will open the door to them maybe having to maintain the road. If they would just enforce their own laws, I wouldn't have the issue but they will not and I can't force them to. At least I haven't found a way to yet.
 
The county will not help me because they are afraid that if they enforce their ordinance then it will open the door to them maybe having to maintain the road.
Were you told this? Do you have it in writing?
Or, are you assuming that is their reason?
 
Were you told this? Do you have it in writing?
Or, are you assuming that is their reason?

I was told this directly from the County Attorney. Code Enforcement communicated with me via e-mail that they have an unwritten policy of not enforcing any of their ordinances on their unmaintained roads. That communication is in writing but the communication with the County Attorney was a phone call and they would not respond in writing after I sent a request outlining what was said and asking for the case law they had offered to send me supporting their right to have such an unwritten policy.
 
I was told this directly from the County Attorney. Code Enforcement communicated with me via e-mail that they have an unwritten policy of not enforcing any of their ordinances on their unmaintained roads. That communication is in writing but the communication with the County Attorney was a phone call and they would not respond in writing after I sent a request outlining what was said and asking for the case law they had offered to send me supporting their right to have such an unwritten policy.
It sounds like you're screwed. You may wish to consider moving.
 
It sounds like you're screwed. You may wish to consider moving.

I can't move. It would accelerate deterioration in my medical issues. I've been here for decades and will die here, either because emergency services are blocked or from natural causes. Moving is not an option.
 
I can't move. It would accelerate deterioration in my medical issues. I've been here for decades and will die here, either because emergency services are blocked or from natural causes. Moving is not an option.

I'm sorry to hear that. I suggest that you continue trying to find an attorney who may be willing to help. Another option may be a television consumer advocate.
 
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