Seeing Red: The Legal Backlash Against Red-Light Cameras in Florida

This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over the use of redlight cameras to issue traffic citations. Strong arguments can be made both for and against this policy, but there are some who absolutely refuse to accept it, for both constitutional and practical reasons. If opponents hope to end all use of red-light cameras in the state, however, they will need to acknowledge that judicial opinion is overwhelmingly against them, both in Florida and beyond. This Note will argue that the proper (and perhaps only) venue for change in this instance is the Florida legislature. After presenting the essential components of the Act, Part I of this Note provides a brief overview of the use of red-light cameras in Florida, and the debate over its legality prior to legislative sanction. Part I will conclude by considering the success of and popular response to the Act and to red-light cameras generally. Part II examines some of the specific challenges that have been raised against the Act in Florida in an attempt to discover why some have succeeded but most have failed. To that end, Part III looks beyond Florida to consider similar policies enacted in other states, and the judicial, legislative, and popular responses to these policies across the nation. Viewing the fight against red-light cameras in Florida within the broader context of the ongoing debate throughout the country, this Note will argue that those who oppose the Act must learn from others’ mistakes. Finally, Part IV considers the most recent and ongoing attempts to defeat red-light cameras in Florida, suggesting that ultimate victory will be achieved (if at all) in Florida’s legislature, not its courts. This Note concludes by offering a few of the arguments opponents must make on the floors of the Florida House and Senate if they want to stop red-light cameras once and for all.  J.D. expected, 2013, University of Florida Levin College of Law. Much thanks to my family, and to the members and staff of the Florida Law Review. 1 Kuncl: Seeing Red: The Legal Backlash Against Red-Light Cameras in Flori Published by UF Law Scholarship Repository, 2012 1784 FLORIDA LAW REVIEW [Vol. 64 INTRODUCTION 1784 I. AUTHORIZATION AND USE OF RED-LIGHT CAMERAS IN FLORIDA 1787 A. An Overview of the Act’s Parameters 1787 B. The Use of Red-Light Cameras and the Debate over its Legality Prior to Passage of the Act 1789 1. Questioning the Legality of Red-Light Cameras..... 1790 2. Judicial Involvement and the Use of Red-Light Cameras Despite Illegality 1791 C. Success of and Popular Response to the Act 1792 1. Revenues, Health, and Safety 1793 2. Popular Opinion 1794 II. LEGAL CHALLENGES TO THE ACT 1795 A. Judicial Responses to Legal Challenges in Florida’s Courts 1796 1. Miami-Dade County 1796 2. Broward County 1799 B. Stalled Attempt to Repeal the Act Legislatively 1801 III. BEYOND FLORIDA 1802 IV. THE CASE AGAINST RED-LIGHT CAMERAS IN FLORIDA ...... 1804 A. Prospects for Success in Florida’s Courts 1804 B. Prospects for Success in Florida’s Legislature 1806 CONCLUSION 1809