• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Appeals Court Upholds Red-Light Cameras But Urges Florida Supreme Court to Rule Decisively

July 27, 2016 | FlaglerLive | 6 Comments

palm coast red light cameras
Not anymore: the red-light cameras at the intersection of Belle Terre Parkway and Easthampton were among the 40-odd cameras removed last year as Palm Coast’s troubled red-light camera program scaled back. (© FlaglerLive)

Urging the state Supreme Court to take up the controversial issue, an appeals court Wednesday rejected a motorist’s arguments that a South Florida city had given too much authority to a company that operates red-light traffic camera programs.


The 3rd District Court of Appeal overturned a Miami-Dade County judge’s ruling against the city of Aventura in a case involving a motorist who received a ticket for improperly turning right at a red light. In challenging the ticket, motorist Luis Torres Jimenez contended the city had illegally given “unfettered discretion” to a red-light camera company to review images of potential violations and to print and send out citations.

Miami-Dade County Judge Steven Leifman dismissed the citation, pointing to a 2014 decision by the 4th District Court of Appeal in a similar case in the Broward County city of Hollywood. But Leifman also requested that the 3rd District Court of Appeal, which handles Miami-Dade cases, rule on the issues.

The case is somewhat relevant to Palm Coast as it addresses a similar system, and the same private vendor that administers the system: American Traffic Solutions. Palm Coast’s system, much debated and controversial over the years because of its size, once had spread to some 45 intersections. Last year, following previous court decisions that had put the city’s methods in doubt, the city and ATS agreed to scale back the program to five intersections, and end the contract entirely next year, two years ahead of schedule.

As it is, only four intersections actually have functioning cameras in Palm Coast as ATS opted not to reinstall one at Palm Coast Parkway and Harbor Center, where the low level of citations was not profitable to ATS. The city gets a flat $350 per camera per month, half what it used to get under the previous, broader arrangement. “The city’s share, after administrative expenses,” a city spokesperson said today, “goes in our Streets Improvement Fund, which covers items like street resurfacing and street safety improvements.”

In a 29-page ruling Wednesday, the 3rd District Court of Appeal upheld Aventura’s program, which it said relies on police officers — not the private contractor — to make decisions about ticketing motorists.

Click On:


  • Palm Coast May Reduce Red-Light Cameras to 5, But Won’t Scrap Program For Fear of ATS
  • Palm Coast Close To Suspending Red-Light Camera Program as Legal Challenges Mount
  • Palm Coast Suspends Part of Red-Light Camera Enforcement, But $158 Fines Still Being Issued
  • Palm Coast Memo on Red-Light Camera Clash With Court Shows Missteps and Assumptions
  • Palm Coast’s Red-Light Cameras: How the City Council Locked In a Fraud on Taxpayers Through 2019
  • For 2nd Time in 6 Weeks, a Flagler Judge Declares Palm Coast’s Red-Light Camera System “Improper” and Issues
  • Judge Craig Indicts Palm Coast’s “Bad Faith” Red-Light Cameras and Exposes City’s Legal Flaws as He Contests Violation
  • Palm Coast Getting Fleeced of Red-Light Camera Dollars, Harming Local Economy
  • Red-Light Camera Ticket Revenue: Palm Coast, 14%, Private Company, 86%
  • State Study Skeptical of Red-Light Cameras’ Effectiveness
  • Palm Coast Sours on Traffic Cameras, Calling Fines “Outrageous,” “Overkill” and “Unfriendly”
  • Without Evidence But Plenty of Cash, Palm Coast Approves 52 Spy Cameras, Up from 10
  • Palm Coast Opts to Keep Red-Light Cameras On Despite Legal Cautions and Dearth of Evidence
  • Illegal for 4 Years, Palm Coast’s Red-Light Cameras to Comply With State Law; Cash Dips
  • Spy-and-Snap Red-Light Cameras Will Enrich Private Company At Palm Coast’s Expense

“Not only do the bright-line standards promulgated by the city ensure the vendor’s tasks regarding images are purely ministerial and non-discretionary in nature, but the record reflects that no notice or citation is issued unless and until an individual officer of the city weighs the evidence in the images and determines in his or her professional judgment that probable cause exists,” said the ruling, written by appeals-court Judge Thomas Logue and joined by judges Kevin Emas and Linda Ann Wells. “The officers make these decisions in the same manner they decide to issue a roadside citation.”

But saying the “lawful use of cameras to enforce red lights has attracted the attention of the public, local governments, and the Legislature,” the judges also called on the Florida Supreme Court to take up the case, a move known as certifying issues to the high court. The higher court turned down an appeal on a similar case last year (but one that reached a different conclusion), leaving it to stand.

The role of companies hired by cities to operate red-light camera programs has been highly controversial in recent years. While proponents of the cameras say they improve traffic safety, critics argue that the devices are more about generating money for local governments and the private vendors.

Wednesday’s ruling focused on Aventura’s contract with ATS, a major player in the industry. The contract gave American Traffic Solutions a wide range of responsibilities, including installing and maintaining cameras, reviewing images and mailing notices and citations to motorists.

While Jimenez’s challenge raised issues such as the authority of the company to mail notices and citations, the appeals court focused heavily on American Traffic Solutions’ role in reviewing potential red-light violations.

The ruling said the company sorts through images and puts them into two databases — a “working” database that police review for possible traffic violations and a “non-working” database that police do not use for ticketing motorists. In sorting through the images, the company considers issues such as whether cameras have misfired and whether license plates are legible. It also reviews photos of cars entering and going through intersections.

“The question thus becomes whether the vendor’s review in this case involves the exercise of unfettered discretion,” the ruling said. “We hold that it does not. The record reflects that the type of evaluation exercised in the vendor’s decisions is clerical and ministerial. When sorting images into the working and non-working databases, the vendor separates the images that are usable because they contain certain easy-to-ascertain information, from those that are not usable because they fail to contain that information. For example, the vendor exercises no unfettered discretion when it determines the camera misfired, the traffic light in the image displays green, or the vehicle license plate number in the image is illegible.”

The ruling also tried to draw distinctions with the Hollywood red-light camera program rejected in the 2014 ruling by the 4th District Court of Appeal. It said the Hollywood program did not give police officers as much authority in deciding whether motorists were cited.

“In contrast, in the (Aventura) case, the vendor has no authority to decide that a citation will issue,” Wednesday’s ruling said. “Only the police officer, whose name and badge number appears on the citation, decides if probable cause exists and if a notice and citation issues.”

–Jim Saunders, News Service of Florida

State v. Jimenez, 2016:

Click to access red-light-cameras-3rd-district-court-of-appeal-2016.pdf

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. W.Ryan says

    July 27, 2016 at 10:37 pm

    I can’t believe that the claim that because it’s a cop reviewing video should make a difference! There are too many red herrings in this sort of decision making. Seems to me that Corps win again. Good ole Florida!!!

  2. GB says

    July 28, 2016 at 4:28 am

    “ATS opted not to reinstall one at Palm Coast Parkway and Harbor Center, where the low level of citations was not profitable to ATS.”

    Red light cameras are about safety. Riiiiiiight.

  3. A Little Common Sense Please says

    July 28, 2016 at 6:39 am

    Nothing but a money racket!

  4. David S says

    July 28, 2016 at 10:58 am

    The city needs to get rid of the rest of them now nothing but a money making joke.

  5. steve miller says

    July 28, 2016 at 6:55 pm

    COME ON…ITS ALL ABOUT THE MONEY!

  6. DaveT says

    July 29, 2016 at 10:58 am

    Just another legal scam for making money,.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Enough is enough on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Nephew Of Uncle Sam on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Dakota on Palm Coast City Attorney Calls Mayor Norris ‘Unprofessional and Inappropriate’ 3 Weeks After Censure for Similar Behavior
  • Jaii Hein on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Laurie Jo Jo Bergman on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Kat on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Critical Eye on Palm Coast City Attorney Calls Mayor Norris ‘Unprofessional and Inappropriate’ 3 Weeks After Censure for Similar Behavior
  • JimboXYZ on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Grey Man on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • NJ on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Dave on Margaritaville’s Compass Hotel in Flagler Beach Opens in Buffett-Themed Celebration of a Downtown Remade
  • Canary on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • Canary on Palm Coast City Attorney Calls Mayor Norris ‘Unprofessional and Inappropriate’ 3 Weeks After Censure for Similar Behavior
  • More Blondes on Afrikaners are South African Opportunists, Not Refugees
  • America First on Danko No Longer District Director for Randy Fine; Congressman Calls for Nuking Gaza’s 2 Million Palestinians
  • No political affiliation on Palm Coast’s Golden Chopsticks Buffet Open Again 2 Days After Sanitation Inspection Ordered It Closed

Log in