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Red Light Camera Update – The Law is in Flux

In addition to the local disappointment we experienced in the Facella v. Orange County case, there is also some bad news for Red Light Camera (RLC) opponents at the state-wide level.

The 2nd and 3rd District Courts of Appeal have recently released their own opinions that conflict with the 4th DCA in Arem, and essentially hold that a third-party RLC vendor can legally issue RLC tickets as long as that vendor is classified as an “agent” of the municipality in the contract. All of the opinions are linked below:

3rd DCA case: City of Aventura v. Jimenez (Fastcase)

2nd DCA case: City of Oldsmar v. Trinh (Fastcase) 

4th DCA (Arem) case (for reference): City of Hollywood v. Arem (Fastcase)

What this means is that, until the Florida Supreme Court speaks to break the tie, the law of the state is in flux.

**Update** The Supreme Court has accepted jurisdiction! We will post more information as it comes in: Jimenez order on jurisdiction

If you are in a municipality in the jurisdiction of the 2nd or 3rd DCAs, you cannot argue your RLC program is invalid under Arem, unless the specific RLC vendor is not an agent of your municipality under the express language of your municipality’s contract with the RLC vendor.

However, if you are in a municipality that is controlled by the 4th DCA, you can still argue that the RLC program is invalid under Arem (i.e. because it improperly delegates the police power to a 3rd party vendor).

If you live in a 1st or 5th DCA area, its a coin toss as to whether your DCA judges will agree with Arem, or Jimenez/Trinh.

Here is a map of the District Court of Appeal geographical jurisdiction areas: http://www.flcourts.org/florida-courts/district-court-appeal.stm

Orlando and Central Florida are controlled by the Fifth DCA, which is yet to address the RLC issue.

So, since our last update, there have been several big decisions in favor of RLCs, which is a blow to those of us who oppose them.

It is unfortunate, but the battle continues in the Supreme Court and in the legislature.

 

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13 Responses to “Red Light Camera Update – The Law is in Flux”

  1. James C. Walker

    Florida residents need to call and write their state Representatives, Senators and the Governor to politely insist that red light cameras be banned by law statewide.
    James C. Walker, National Motorists Association

    Reply
  2. jerry carroll

    It is time to start reporting if these judges are Republican or Democratic as research on Pres.Trump’s statement that Judges decisions have become political.

    Reply
  3. ter

    The link to District Court of Appeal geographical jurisdiction areas doesn’t work. Am looking for information relating to Midway, FL. (has got to be one of the top 5 – if not 3 – most corrupt cities in FL). Can you please tell me where to find which district this city falls under?

    Reply
    • Kelli Hastings

      The panhandle is the First District, so the arguments might still work since there hasn’t been a case directly on point out of the First yet.

      Reply
    • Laura

      Agreed – Santa Rosa County Top 3 most corrupt cities in FL!

      Reply
  4. Neal Treibley

    Hi Mrs. Hastings, I am going to be representing myself in Orange County next month on Red Light Camera Ticket issued by ATS. Do you know of anyone that has been successful in Orange County Courts using your case or the pending FL Supreme Court review as a reason to dismiss their ticket. I am preparing a motion to dismiss but wasn’t sure if that needed to be filed prior to me appearing in Court for the judge to hear the motion. Your articles and Case Law have been a major help in preparing me. I’m very nervous but really want to take this fight to them. Thank you for everything.

    Reply
    • Kelli Hastings

      I think we spoke on Facebook, right? No one has been successful in Orange County that I know of yet, but it is ripe for a win because of the way their contract with ATS is set up. It specifically says that ATS IS NOT an agent of Orange County, which means their system is unlawful under the Mark Wandall Statute itself (which says only agents can review tickets) and it is unlawful under the Jimenez/Trinh holding, which is pending before the Supreme Court now. Please let me know how it goes!

      Reply
  5. Allen Woolard

    Do you know whether there has been any one successful in Duval County ? I just received a notice via certified mail saying it was my second notice. I did not receive a previous notice.

    Reply
    • Kelli Hastings

      I haven’t heard anything out of Duval County, so I’m not sure if anyone has had any luck fighting those. Duval would be controlled by case law out of the First District Court of Appeal, and they have yet to issue an opinion one way or the other on red light cameras.

      Reply

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