Disabled Parking — No Above-Grade Sign Defense
Florida Statute §316.1955(1) requires accessible (disabled) parking spaces to be marked by both pavement striping AND an above-grade sign meeting §316.1956 specifications (sign mounted between 60 and 84 inches above ground, with the international symbol of accessibility). If the above-grade sign is missing, knocked down, faded beyond legibility, or obscured, only a written warning may be issued — not a fine. Photographic proof of missing/non-compliant signage results in mandatory dismissal.
Legal basis
Florida Statute §316.1955(1) and §316.1956
Sample appeal wording
TO: [ISSUING AGENCY] RE: Citation No. [CITATION NUMBER] — Alleged violation of §316.1955, Fla. Stat. I respectfully request dismissal pursuant to the express statutory limitation in §316.1955(1), Fla. Stat., which provides: "Only a warning may be issued for unlawfully parking in a space designated for persons with disabilities if there is no above-grade sign as provided in s. 316.1956." Attached are date-stamped photographs taken at [LOCATION] on [DATE] documenting that the space lacked any conforming above-grade sign at the time of the citation. Because the statutory predicate for a fine is missing, the maximum permissible enforcement action is a written warning, and the monetary citation must be dismissed. Respectfully, [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Statute §316.1955
- Florida Statute §316.1956
- FindLaw FL Statutes Title XXIII