The Appeals Court for Broward County, which ONLY governs Broward Trial Courts (and, while the ruling can be argued elsewhere it is not binding anywhere but in Broward, for now anyway) has formally ruled that traffic camera tickets are unconstititional and illegal.
They essentially held that the City of Hollywood (and this will apply to all cities, towns and other municipalities INSIDE Broward County) cannot lawfully delegate the legal authority to issue traffci citations to a “private, for-profit” third party”.
Per the 4th D.C.A.’s nine (9) page ruling (which, incidentally overturns its original contrary ruling) :
“For all practical purposes, it is the vendor that decides which cases the TIEO (Traffic Infraction Enforcement Officer) gets to review; it is the vendor who initially determines who is subject to prosecution for a red light violation; it is the vendor that obtains the information necessary for the completion of the citation; it is the vendor that creates the actual citation; it is the vendor that issues the citation to the registered owner of the vehicle; and, it is the vendor that eventually transmits the traffic citation data to the court.”
“In Florida, only law enforcement officers and traffic enforcement officers have the legal authority to issue citations for traffic infractions, which means only law enforcement officers and traffic enforcement officers are entitled to determine who gets prosecuted for a red light violation.”
Because it is a huge money makes, count on the City of Hollywood to appeal this appellate decision to the Florida Supreme Court. But, in the interim, in Broward County, it seems that you do not have to pay those pesky, and presently illegal, red light camera tickets.
Yes, that is a cop getting slapped.
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