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proceduralUnited States · Florida (Statewide)Difficulty: Medium

Failure to Re-Sign After Construction or Sign Removal

Florida Administrative Code 14-15.010 and FDOT MUTCD Rule require restoration of restriction signage after construction, repaving, or sign damage. Citations issued at locations where signage had been removed for road work or knocked down by accident are unenforceable until conforming signs are reinstalled. Public-records requests to public-works departments can establish absence on the citation date.

Legal basis

Florida Administrative Code 14-15.010; FDOT MUTCD

Sample appeal wording

TO: [HEARING OFFICER] RE: Citation # [#] Pursuant to public-records production from the [CITY/COUNTY] Public Works Department (Exhibit A), the parking-restriction sign at [LOCATION] was [removed for repaving on / damaged on / not yet replaced as of] [DATE]. Citation # [#] was issued on [DATE], when no conforming sign existed. Under §316.0745, Fla. Stat., and FAC 14-15.010, the regulatory restriction was unenforceable. Dismissal is required. [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Florida Administrative Code 14-15.010
  • FDOT MUTCD
  • Florida Public Records Act (Ch. 119)

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