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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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7 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

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