Red Light Charlie...? If Charlie Crist signs this bill he's finished.
Red-light camera bill on its way to governor; opponents vow to continue fight in court.
palmbeachpost.com
TALLAHASSEE — Red light runners would have to pay a $158 fine if they're caught on camera in a 24/7 traffic surveillance system outlined in a bill on its way to Gov. Charlie Crist's desk for signature.
The Senate gave final approval on Tuesday to a red-light camera bill after failing for eight years to pass similar measures.
The cameras are already up and running in dozens of Florida cities, including at least seven in Palm Beach County, but a judge's ruling in an Aventura case that only the state legislature — not local governments — can create traffic laws created questions about whether fines could be collected.
Crist's signature could settle that dispute, but opponents of the cameras, citing due-process concerns, say they will continue to fight them.
"It's still a violation of the U.S. and Florida constitutions," said West Palm Beach attorney Richard Schuler, whose firm has filed more than 20 lawsuits against communities with the traffic cameras, including Juno Beach and its camera in a van. "The right to remain presumptively innocent until proven guilty is torn asunder."
"All the citations issued up until now are still illegal," said Schuler's partner, Jason Weisser. "We're still going forward 100 percent."
The bill would mean that Juno Beach could not revive its use of a van to hide a camera, said state transportation officials who will have to write the rules regulating the equipment.
"Any traffic infraction that you're using a camera is preempted to the state, which means you can't do other than what the legislature tells you to," said Department of Transportation Deputy Secretary Kevin Thibault.
Under the bill, only red-light camera systems or law enforcement officers would be authorized to give the traffic citations, Thibault said.
But Juno Beach Vice Mayor Bill Greene said he believes the van will eventually return.
"Technology in law enforcement is a good idea because it frees up police officers for more important duties," he said. "The legislature may delay the van, but they won't stop it for being used for traffic safety. The van will be back." |