The registered owner of a vehicle will be mailed the Notice of Violation. The vehicle's registered owner is deemed responsible for the violation and the payment of a $100 penalty unless, in compliance with Florida Statute § 316.1896(7), the registered owner establishes by a sworn affidavit that a statutory exemption applies.
The exemptions are that the motor vehicle:
(a) Was, at the time of the violation, in the care, custody, or control of another person;
(b) A law enforcement officer issued a UTC to the driver of the motor vehicle for the same violation of Florida Statutes §§ 316.1895 and 316.183 stated in this Notice; or
(c) The motor vehicle's owner was deceased on or before the date that the UTC was issued.
The registered owner may submit information and supporting documentation by mailing an Affidavit that is downloadable from www.ViolationInfo.com.
THE SUBMISSION OF A FALSE AFFIDAVIT IS A CRIME IN VIOLATION OF § 316.1986(11).
If you assert paragraph (a) that the vehicle was in the care, custody, or control of another person, you must provide the name, address, date of birth, and, if known, the driver's license number of the person who leased, rented, or otherwise had care, custody, or control of the vehicle at the time of the violation. Acceptance of this assertion by the Police Department will result in the issuance of a Notice of Violation to the person named in the affidavit. If the vehicle was stolen, then the affidavit must include a copy of a police report showing the vehicle to have been stolen.
If you assert paragraph (b) that a UTC was issued by a law enforcement officer for the violation of Florida Statue §§ 316.1895 or 316.183, stated in the notice, then you must include the serial number of the UTC. For faster processing, you may, but are not required to, include a copy of the UTC. The affidavit must be sworn before a notary public or other person authorized to administer oaths. If an owner furnishes satisfactory evidence and the affidavit complies with the requirements of Florida Statute § 316.1896, the violation will be dismissed. When naming another person as the driver, a Notice of Violation will be issued to the person identified in the evidence as the operator of the motor vehicle at the time of the Violation.
If you assert paragraph (c) that the motor vehicle's owner was deceased on or before the date that the Notice of Violation was issued, then you must include a certified copy of the owner’s death certificate showing that the date of death occurred on or before the issuance of the uniform traffic citation and one of the following:
a. A bill of sale or other document showing that the deceased owner’s motor vehicle was sold after his or her death but on or before the date of the alleged violation,
b. Documentary proof that the registered license plate belonging to the deceased owner’s vehicle was returned to the department or any branch office or authorized agent of the department on or before the date of the alleged violation, or
c. Copy of a police report showing the deceased owner’s registered license plate or motor vehicle was stolen after the owner’s death but on or before the date of the alleged violation.