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legal defenseUnited States · Florida (Statewide)Difficulty: Medium

Officer Lacked Jurisdiction (Wrong Agency / Outside City Limits)

Parking enforcement officers and police may only enforce ordinances within their jurisdictional boundaries. A City of Miami Beach Parking Enforcement Specialist cannot issue a city citation for a violation in unincorporated Miami-Dade. Citations issued outside the issuing officer's jurisdiction are void.

Legal basis

F.S. §316.640; F.S. §901.18; municipal charter limits

Sample appeal wording

TO: [HEARING OFFICER] RE: Citation # [#] The citation was issued by [AGENCY] at [ADDRESS]. GIS records and city boundary maps (Exhibit A) confirm that this address is located in [DIFFERENT JURISDICTION], outside [AGENCY]'s jurisdictional boundary as defined by §316.640, Fla. Stat., and the [CITY] Charter. The officer therefore lacked authority to issue the citation. Dismissal is required. [NAME] / [DATE]

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

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Sources

  • Florida Statute §316.640
  • Florida Statute §901.18
  • County GIS / municipal charters

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