Excessive Fines Clause Challenge — 8th Amendment / Art. I §17
The federal 8th Amendment (incorporated against states by Timbs v. Indiana, 139 S. Ct. 682 (2019)) and Fla. Const. Art. I §17 prohibit excessive fines disproportionate to the offense. A $250+ fine plus $100 surcharge for a $1.50 missed toll, or compounded penalties pushing a $30 ticket to $300+, may be challenged as excessive. Particularly viable where the violation caused no harm and the cumulative penalties dwarf the underlying fine.
Legal basis
U.S. Const. amend. VIII; Fla. Const. art. I §17; Timbs v. Indiana, 139 S. Ct. 682 (2019)
Sample appeal wording
TO: [HEARING OFFICER / CIRCUIT COURT] RE: Citation # [#] — Excessive Fines Challenge The cumulative penalty of $[TOTAL] for an underlying offense involving $[ACTUAL HARM] (e.g., $1.50 toll) is grossly disproportionate to the gravity of the conduct, in violation of the Excessive Fines Clauses of U.S. Const. amend. VIII and Fla. Const. art. I §17. Timbs v. Indiana, 139 S. Ct. 682 (2019). I respectfully request reduction of the penalty to no more than 3x the underlying harm, consistent with constitutional proportionality. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Timbs v. Indiana, 139 S. Ct. 682 (2019)
- Florida Constitution Article I §17
- U.S. Const. amend. VIII