If you have been following my blog over the past couple years you know I try to keep everyone updated on the State of the Constitutionality of the Red Light Camera Tickets. In Broward and Palm Beach the Arem decision held them unconstitutional in the Fourth District Court of Appeal. The Third District held this summer under State v. Jimenez that the City of Aventura’s use of a private entity did not violate any rights. It should be noted that the City of Aventura had a different procedure compared to the City of Hollywood (Arem Case).
The Jimenez case did however certified 3 questions for the Supreme Court of Florida to Answer:
1. Does the review of red light camera images authorized by section 316.0083(1)(a), Florida Statutes (2014), allow a municipality’s vendor, as its agent, to sort images to forward to the law enforcement officer, where the controlling contract and City guidelines limit the Vendor to deciding whether the images contain certain easy-to-identify characteristics and where only the law enforcement officer makes the determinations whether probable cause exists and whether to issue a notice of violation and citation?
2. Is it an illegal delegation of police power for the vendor to print and mail the notices and citation, through a totally automated process without human involvement, ] after the law enforcement officer makes the determinations that probable cause exists and to issue a notice of violation and citation?
3. Does the fact that the citation data is electronically transmitted to the Clerk of the Court from the vendor’s server via a totally automated process without human involvement violate section 316.650(3)(c), Florida Statutes (2014), when it is the law enforcement officer who affirmatively authorizes the transmission process?
Until these questions are answered, we may see the flipping and flopping of Municipalities issuing Red Light Camera Tickets.