In a dramatic reversal of a decision handed down six months ago, the Florida Court of Appeals decided Wednesday that the way red light cameras are operated throughout the state is unlawful. A three-judge panel unanimously set aside its April 23 opinion, replacing it with a decision that represents bad news for automated ticketing vendors and cities that rely upon them.
“For the reasons set forth herein, we… find that the city is not authorized to delegate police power by entering into a contract that allows a private vendor to screen data and decide whether a violation has occurred before sending that data to a traffic infraction enforcement officer (TIEO) to use as the basis for authorizing a citation,” Judge Mark W. Klingensmith wrote in the new decision. “Such outsourcing to a third-party for-profit vendor of a city’s statutorily mandated obligation to issue uniform traffic citations for red light camera violations is contrary to the plain wording of the Florida statutes.”
Motorist Eric Arem had challenged the $158 ticket that American Traffic Solutions (ATS) mailed to him on behalf of the city of Hollywood.