On July 25, the Fourth District Court of Appeal handed down a decision holding that section 316.075 of the Florida Statutes, which governs traffic control signal devices, is constitutional and does not violate the Equal Protection Clause of either the United States or Florida Constitutions. The Fourth District reversed the trial court’s decision, which had found that the statute violated the Equal Protection Clause on the basis that the law unlawfully differentiated between individuals who were observed running red lights by law enforcement officers, and individuals caught running red lights by red light cameras. Under the Florida Statutes, red light violations that are observed by law enforcement officers are punishable by fines and points assessed against the driver’s license. However, red light violations that are captured via a red-light camera are cited and fined, but no points are assessed.
Relying on a U.S. District Court decision from the District of Columbia, the Court held that no inequitable classes had been created because the individuals ticketed by law enforcement officers and those caught by red light cameras are not similarly situated for purposes of Equal Protection analysis. Moreover, the Court also held that, even if the drivers in both instances are similarly situated, the State has a rational basis for treating infractions captured by red light cameras differently (in not assessing points), because the registered owner of the car (who is cited) may not be the individual who committed the infraction. Since points are a personal penalty, the State could rationally decline to assess points when the actual driver is not known at the time of the violation.
WSH Miami-Dade Partner in Charge Michael S. Popok and Appellate Group Chair Edward G. Guedes have successfully upheld red-light camera programs in Miami-Dade County before the Third District Court of Appeal. In Aventura v. Masone, the Third DCA upheld the red-light camera program in Aventura, holding that the program was not preempted by State law.
You can read a copy of the Opinion here.
Author(s): Edward G. Guedes
