Florida is known for having some pretty big industries. The tourism industry is what usually comes to mind, however citrus, other fruits and vegetables, and seafood are also multi-billion dollar industries here. Additionally, Florida leads the nation in sugarcane production. All of these industries, and many others, lend themselves to a thriving economy for our beautiful state, and most of us appreciate the benefits of a healthy economy. There is an industry here, however, that is not viewed so favorably. I mean the red light camera industry.
For those of you unfamiliar with the red light camera ticket process, let me explain. These traffic cameras are installed at various angles at intersections that report high rates of traffic incidents. If a driver fails to stop at a red light, the corresponding camera takes a picture of the vehicle’s license plate. These photos are then reviewed and the vehicle’s registered owner receives a traffic citation in the mail.
This is where the problems start to arise. Some of the immediately obvious problems have to do with the process itself. When the traffic ticket is issued to the registered owner, there is no way to validate that the owner actually drove the car. Not only could a friend or family member be driving, but the car may have been sold and not yet properly registered. Even in a scenario where the registered owner was driving at the time the ticket was issued, it could result in an incorrect address due to a move or mail being delivered incorrectly.
Another one of those concerns is the shortening of the duration of the yellow lights. This can lead to momentary indecision on the part of the driver which can often lead to an accident. Furthermore, many of those who oppose the use of these cameras question their accuracy. There is more than one image that has been taken by a traffic camera showing the driver and vehicle stopped at the traffic light where the traffic violation allegedly occurred.
Most of these cameras are owned, installed, and maintained by private companies. These same companies also review the photos and then issue the traffic tickets. That means that every step of the process of issuing traffic tickets that are generated due to red light cameras is handled by someone who is not a law enforcement officer. Understandably, this has led to a large number of lawsuits. In fact, a class action lawsuit states that the use of red-light traffic cameras under the current system “…unlawfully cedes governmental authority to a private company.”
Proponents of red light traffic cameras claim that these cameras increase traffic safety, but many others point out these obvious concerns. Many lawsuits involving red light traffic camera tickets have been filed alleging that issuing traffic tickets in this manner violates Florida state law. One area of great concern, despite the legality of its use, is the inability to exercise good judgment. There have been untold numbers of these traffic tickets that have been issued to drivers who are turning right. The argument in support of the ticket is that these drivers did not come to a complete stop, so they “turned right.” Obviously, a picture cannot sufficiently show whether the driver has come to a complete stop. However, if a police officer witnessed the actions of this same driver, he or she can determine the legality of the turn.
Another excuse they make for using these cameras to justify their existence is that it saves individual municipalities money because they don’t have to hire as many police officers. It’s easy to see the absurdity of this argument when you realize that most of the red light traffic cameras found in South Florida are owned by a single company, American Traffic Solutions (ATS). Most of these cameras are purchased from ATS and then ATS is paid to install and maintain them. This is not an economic endeavor in and of itself, but keep in mind that each of these traffic tickets carries a $158 fine. Since ATS reviews and issues the tickets, they also get a percentage of the funds generated by their own cameras. . Please note that this is not an industry that contributes to the Florida economy as ATS is an Arizona based company.
Fortunately, some Florida cities are beginning to question both the legality and cost-effectiveness of using it. Hollywood has 18 red-light cameras that they have continued to use despite a Supreme Court decision last year stating that using a private company to issue traffic tickets is not permitted under Florida law. Recently, Hollywood commissioners decided to remove the cameras at the urging of Hollywood Mayor Peter Bober. Bober’s position was that continuing to use the cameras was too expensive, as ATS received $50,000 a month to keep these cameras running.
However, just when it appeared that the commissioners were unanimously in agreement to suspend the use of these cameras, an appeal by ATS’s attorney caused city leaders to reconsider. He proposed that the city give ATS two months to try to come up with a new proposal and ATS would allow Hollywood to skip two payments, essentially saving the city $100,000. Even Bober, who initially supported the issue, wavered.
“If we can snap our fingers right now and save the city $100,000, I don’t see any reason not to,” Bober said.
If this comes to fruition, it obviously won’t save the city any money. If ATS negotiates a new contract, the city will continue to pay them tens of thousands of dollars a month to reinstate a program that has been determined to violate Florida law.
Although the proposal may be attractive to some city leaders, Hollywood residents were not happy with the turn of events. Several residents protested the decision and asked the commissioners to uphold their previous decision.
“It’s like a zoo here; a zoo,” resident Helen Chervin told commissioners. “This is like the Disney Channel. We’re going to save $600,000 a year by getting rid of these red-light cameras. Why are we debating this? It’s ridiculous.”
This shows that the often-made argument that red-light cameras save money is invalid. You can hire quite a few more cops for $600,000 a year. So when you weigh all the factors against its use, it just doesn’t make sense for proponents to still push for its use. If you have received one of these questionable red light tickets, please call our office at 967-954-9888 for a free consultation. Many cities still refuse to give up these cameras under the guise of security, but ultimately they are simply supporting a multi-billion dollar business.
