The State Of Florida and Local Municipalities Are Contracting Away Floridian’s Constitutional Rights!
The State of Florida along with local Municipalities are contracting away many of Floridian’s valuable rights with big business. Local municipalities are giving away our rights to big business for the mighty dollar that is promised through fines, court costs and surcharges, when those fees are levied on Florida’s Drivers for “Red-Light” photo violations. In Palm Beach County, Florida “red-light” camera infractions are No More!
The Fourth District Court of Appeals just held that Red Light Camera violations are unconstitutional as the local municipalities throughout Palm Beach County, Florida like West Palm Beach; Lake Worth, Delray Beach, Boynton Beach, Boca Raton, Jupiter, North Palm Beach, Royal Palm Beach and all others are not authorized under the Florida Constitution to delegate its police power’s to Private Vendors! See City of Hollywood v. Arem, 4D12-1312, 2014 WL 514915, at *1 (1st DCA Oct. 15, 2014). The Appellate court went on to say, in a scolding opinion, that a “third-party for profit vendor” of a city’s statutorily mandated obligation to issue traffic citations for red light camera violations is contrary to the plain wording of Florida Statutes and Violates Florida Law.
Thousands of drivers in Palm Beach County, Florida over the past two years, have received violations for red light camera infractions in local communities from the “camera in the sky.” Cities and local municipalities throughout South Florida have contracted with American Traffic Solutions, Inc. (“ATS”), a private for-profit vendor, located in Arizona to implement red light camera photos of Florida motorists and to provide a computerized system at all red-light signals to fine those drivers, who run red lights or who do not stop on the “cross bar” before proceeding right on red.
Local elected officials contracted with “ATS,” and in doing so, contracted away Floridian’s rights, when they allowed “ATS” located in Arizona to photograph images of automobiles in Florida and then forward the image of the automobile tag number to local municipalities in Florida for which they believed a red light infraction occurred. The Local municipalities would then have a government employee located in their jurisdiction, press a button on a computer screen to “accept” every red-light camera infraction that the traffic enforcement employee felt violated the red-light camera law.
After the local traffic enforcement officer clicks the “accept button,” the out of State Big Company’s computer program that handles the printing and mailing of the notice of violation generates an infraction and sends it via US Mail to the automobile’s registered owner. If the cited car owner, who many times was not the driver of the automobile at the time of the infraction, fails to immediately pay for the infraction then a traffic citation will be issued. If payment was not made, ATS would then generate the resulting citation, and insert a computer generated signature and badge number of the local traffic enforcement officer on the citation or ticket. “ATS” would then send the original citation by certified mail to the registered owner, and electronically transmit a replica of the citation data to the Palm Beach County Clerk of Court. After which, the case would be set for hearing in front of a traffic magistrate, who as a matter of law were in fact rubber stamping the actions of the local municipalities, because the local traffic magistrate officers know where their bread is buttered, from the tax payer’s coin of course!
The Appellate Court reasoned further in City of Hollywood v. Arem, that under Florida Law only law enforcement officers and traffic enforcement officers have the legal authority to issue citations for traffic infractions. Meaning only law enforcement officers and traffic enforcement officers are entitled to determine who gets traffic citations for red-light running and who does not. Not some person sitting behind a computer screen in Arizona, with his or her watchful eye Floridians. It is truly disgraceful to think that for over two years, Florida drivers have been carefully watched, examined, videoed and given citations from some person sitting at a computer screen in the State of Arizona because elected Local and State Officials have handed over OUR RIGHTS for the mighty dollar!
If you or a loved one has been arrested for any offense in Palm Beach County, Florida contact Attorney Andrew D. Stine. Criminal traffic lawyer, Andrew D. Stine, represents those arrested for DUI, Driving While License Suspended, Driving Without a Valid Driver’s License and all other criminal traffic crimes. Hire Stine or Do the Time.