dismissal groundUnited States · Florida (Statewide)Difficulty: Medium
Active Loading Zone / Curbside Delivery Defense
F.S. §316.1945(2) and most municipal codes permit vehicles to stand temporarily for the purpose of expeditiously loading or unloading passengers or property. A vehicle actively engaged in loading/unloading at the time of citation — particularly with hazard lights on, visible cargo, or a delivery driver present — should not be cited for unlawful parking.
Legal basis
Florida Statute §316.1945(2); F.S. §316.1995
Sample appeal wording
TO: [HEARING OFFICER] RE: Citation # [#] At the time of the citation, [TIME] on [DATE], my vehicle was actively engaged in expeditious loading/unloading at [LOCATION], a use protected by §316.1945(2), Fla. Stat. (excepting from 'parking' a vehicle stopped temporarily for the purpose of loading or unloading passengers or property). Evidence (Exhibits A–B): hazard lights activated; receipt from [STORE] timestamped [TIME]; witness statement from [NAME]. Dismissal is requested. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Statute §316.1945
- Florida Statute §316.1995