Today, in a much anticipated decision for local governments, the Third District Court of Appeal ruled that the City of Aventura’s red light camera program, operated pursuant to its police and code enforcement powers, was valid and enforceable, and was not preempted by the State’s Uniform Traffic Control Law set forth in Chapter 316, Florida Statutes.
In an 18-page majority opinion, Judge Cortiñas reinforced the “broad municipal home rule powers” set forth in Chapter 166, F.S., and found that Aventura properly invoked its broad home rule and police powers to regulate red light camera violations on its own roads through the use of red light cameras, and to issue citations and collect fines under its code enforcement powers. The Court further found that Chapter 316 did not expressly preempt the City’s police powers in this area of traffic regulation. The Court also noted that even with the recent passage of the Mark Wandall Safety Act, the Legislature recognized that municipal programs such as Aventura’s existed and that they were not preempted prior to the passage of the legislation.
The WSH appellate team responsible for the victory was led by Appellate Division Chair Edward G. Guedes and Miami-Dade Partner-In-Charge Michael S. Popok (who handled the case at the trial court level as well).
Click here for a copy of the decision.
Author(s): Michael S. Popok
