Aventura Red Light Cameras and the Supreme Court

This one will be of interest to those of us who frequently drive in the boundaries of our neighbor to the east.  As reported on NPR and in the Miami Herald, The Florida Supreme Court found last week that Aventura (and other cities) "overstepped their authority" in implementing red-light camera programs prior to 2010.

That doesn't mean you should drive immediately over to Aventura and start making right-hand turns onto Biscayne when the light is red (even when there are no cars?  really?), because after July 1, 2010, a STATE law went into effect which made red-light camera violations (including those occurring in Aventura) a state traffic violation. 

From the Miami Herald story:

The ruling from the Florida Supreme Court was a victory for critics who have long insisted the cities created their own illegal sham hearings, circumventing state law, in a blatant grab for cash from motorists...

Thursday’s ruling also comes just months after efforts in the Florida Legislature to repeal the use of red-light cameras fizzled.  Red-light cameras have been a divisive issue since cities began installing cameras at intersections, then mailing violations to surprised drivers. Supporters insisted that the program was designed to enhance safety on the roads.

Between 2008 and July 2010, red-light camera violations were not state traffic tickets but city “code violations.” In Aventura, motorists contesting violations had to go to hearings at City Hall — which they claimed were biased and unfair.  A slew of lawsuits followed, and in February 2010, a Miami-Dade judge ruled that Aventura’s enforcement system circumvented state traffic laws. Aventura created the first red-light program in Miami-Dade.  But a Miami appeals court overturned the judge’s decision, saying the program was indeed lawful.  The Florida Supreme Court took up the issue because of conflicting decisions by appeals courts: in Orlando, judges ruled that the city’s program did indeed circumvent state law.

In response to the uproar about the programs, the Florida Legislature passed a new law that made red-light camera infractions a state violation. The statute went into effect July 1, 2010, and violations are now heard in front of traffic court magistrates."

So there you have it: another happy ending where lawyers made millions, and some unhappy motorists may be getting a check in the mail.

What effect does the ruling have on one of the hot-button local issues West of Aventura: installing cameras at the intersections on Ives Dairy Road?  None: any camera deployed (to protect school-going children) would be covered by State law, and challenges to infractions would be heard in a proper traffic court.

There is the possibility that the State legislature could outlaw the cameras altogether, something which was actually considered in the most recent legislative session, but which went nowhere.

 

Up next: coverage of the June 19 MAC meeting.