proceduralUnited States · Florida (Statewide)Difficulty: Easy
Owner Liability Rebuttal — Vehicle Not in Owner's Possession
Under Florida Statute §316.1967, the registered owner is presumptively liable for a parking citation, but liability may be rebutted with sworn evidence the vehicle was sold, leased, stolen, or otherwise not in the owner's care, custody, or control at the time of the violation. Submitting a notarized affidavit identifying the actual driver/lessee or attaching a bill of sale, lease, or police theft report shifts liability away from the registered owner.
Legal basis
Florida Statute §316.1967(1)
Sample appeal wording
TO: [ISSUING AGENCY / CLERK OF COURT] RE: Citation No. [CITATION NUMBER] — Vehicle [PLATE] [VIN] Date of Citation: [DATE] I, [FULL NAME], the registered owner of the above-described vehicle, respectfully request dismissal of the above citation under Florida Statute §316.1967(1), which permits an owner to rebut presumptive liability by furnishing evidence the vehicle was not in the owner's care, custody, or control at the time of the alleged violation. On [DATE], the vehicle was [SOLD TO / LEASED TO / STOLEN FROM / IN POSSESSION OF] [NAME OF OPERATOR], whose address is [ADDRESS] and driver's license number is [DL# IF KNOWN]. Attached please find [BILL OF SALE / LEASE AGREEMENT / POLICE REPORT #_____] dated [DATE], which establishes that I had no operational control of the vehicle at the time the citation was issued. Accordingly, under §316.1967(1), Fla. Stat., I respectfully request the citation be dismissed and reissued to the responsible operator. Under penalty of perjury, I declare the foregoing is true and correct. Signed: ____________________ Date: __________ [NOTARY ACKNOWLEDGMENT]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Florida Statute §316.1967
- Online Sunshine - 2025 Florida Statutes
- Florida Senate Laws Database