toll defenseUnited States · Florida (Statewide)Difficulty: Medium
SunPass Toll Notice Past 14-Day Statutory Window
Florida Statute §316.1001(2)(b) requires that a notice of toll violation be sent to the registered owner within a reasonable time of the violation. Practical CFX, MDX and FDOT policies require an initial Toll Enforcement Invoice within 30 days, followed by a Uniform Traffic Citation (UTC) only after the invoice goes unpaid. A UTC issued without a preceding invoice, or beyond 14 days after the invoice's deadline, is procedurally defective.
Legal basis
Florida Statute §316.1001(2)(b); CFX VES Rules
Sample appeal wording
TO: Clerk of Court, [COUNTY], FL RE: Uniform Traffic Citation # [UTC#] The alleged toll violation occurred on [DATE]. The Toll Enforcement Invoice was [DATE / NOT ISSUED]. The UTC was issued on [DATE]. The procedural sequence required by §316.1001(2)(b), Fla. Stat., and CFX/FDOT business rules has not been satisfied because [no invoice ever issued / UTC issued more than 14 days after invoice deadline / invoice never received at registered address]. The citation is procedurally defective and must be dismissed. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Florida Statute §316.1001
- Central Florida Expressway Authority — Video Enforcement System Rules