school zone defenseUnited States · Florida (Statewide)Difficulty: Easy
School Zone Camera — Affirmative Defenses Under §316.0776(7)
F.S. §316.0776(7) enumerates affirmative defenses to a school-zone camera citation: (a) vehicle was a stolen/reported-stolen at the time; (b) cited individual was not the operator (with affidavit naming operator); (c) violation occurred to avoid an accident; (d) emergency vehicle in operation; (e) funeral procession; (f) directed by a law-enforcement officer. Each is a complete defense.
Legal basis
Florida Statute §316.0776(7)
Sample appeal wording
TO: [HEARING OFFICER] RE: School-Zone Camera Citation # [#] I assert the affirmative defense in §316.0776(7)([a/b/c/d/e/f]), Fla. Stat. Specifically: [vehicle was reported stolen on _ per Case # _ ; OR I was not the operator — operator was [NAME, ADDRESS, DL#], affidavit attached; OR the maneuver was necessary to avoid a child crossing as shown on dashcam; OR vehicle was in funeral procession from [FUNERAL HOME] to [CEMETERY], copy of program attached]. Dismissal is mandatory. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Florida Statute §316.0776
- Florida Senate HB 657 Analysis