LEGISLATIVE ANALYSIS

Red Light Camera Legislation in the 2014 Session

An In-depth analysis of Red Light Camera Legislation in the 2014 Session

May 9, 2014

The Liberty First Network1334 Tampa Rd #6, Palm Harbor, FL, 34683

info@libertyfirstfl.orghttp://www.libertyfirstfl.org

Background on red light cameras

In 2003, a person named Mark Wandall was riding in a vehicle that made a left turn on a green light in Manatee County. Several seconds after the cross-traffic's light was red, a vehicle ran the light and collided with the vehicle containing Mr. Wandall. Mr. Wandall later died from his injuries. His widow, Melissa Wandall, began a campaign to reduce red light violations (RLV), and was ultimately supported by red light camera vendor American Traffic Solutions (ATS). In 2010, Rep. Ron Reagan (R) filed a bill, HB 325, to allow the use of red light cameras for enforcement. The bill passed the House with a vote of 77-33 and the Senate with a vote of 30-7 and was signed into law by former Governor Crist in May 2010. Rep. Reagan left office after 2010 and accepted employment with ATS.

The law allows for automated for-profit law enforcement that is contrary to prior enforcement and certain principles of American justice, such as innocent until proved guilty and the ability to have witnesses in court. Unlike officer-issued tickets, the tickets from a camera are sent to the registered owner, who then has a “rebuttable presumption” that they were the offender. Certain “excuses” are available to vehicle owners such as being ticketed by an officer for the same violation, their vehicle having been stolen, or someone else having custody of the vehicle at the time. This law shifts the burden of proving who violated the law from the state to the citizen. The law also varies from officer-issued tickets in that the fine was over $100 lower, no points could be assessed, and no car insurance premiums could be levied. The language of this law created a “scheme” that guaranteed payment of fines due to the lower penalties and burden of proof. A lawsuit was later filed on the grounds of due process, and appealed to the 4th District Court of Appeals. The justices held that since the violations were non-criminal that 5th (innocent until proved guilty) and 6th (witnesses in court) Amendment protections did not apply.

The law provides for a fine of $158, of which $83 goes to the state and $75 is retained by the local government. The $83 is split into three areas, $70 to general revenue, $10 to the Emergency Medical Services trust fund, and $3 to the Brain and Spinal Cord Injury trust fund. The $75 is used to pay the contract costs and anything left over is unregulated for use by the local government.

Attempts to repeal and/or modify so as to lessen the severity of the law have been attempted in each subsequent legislative session and have failed. A significant negative change was had in the 2013 session when an amendment filed at 1:35 AM by Sen. Brandes (R) on the day prior to session ending resulted in the creation of local courts to hear camera cases. These courts were run by the local governments that stood to profit from guilty verdicts, the local governments could choose their own hearing officers to rule, the hearing officers had no requirement for any legal training, and they could not use formal rules of evidence that are in place to ensure a fair trial. Additional language allowed local governments to add on up to $250 for “costs” of the local court. As such, these “courts” are referred herein as “kangaroo courts”. A kangaroo court is a term when there is a mockery of justice.

Despite nearly all of the public officials claiming safety as a motive for the use of the camera scheme, only one city in Florida has ever published actual crash numbers for before and after use of the camera scheme. In the October 3, 2013 Clearwater Beacon, the City of Clearwater revealed there were 3 RLV crashes at the two intersections that later received a camera and 6 afterward. While not easily understood (the RLV numbers were published as a percentage of the total crashes, requiring solving for an unknown to find the total crashes), the total crashes at these two intersections increased from 40 to 132 after camera use. Despite this information, that city's elected officials voted to continue use of the camera scheme. In subsequent years, public officials have gone away from claims of safety to claims of “changed driver behavior”. A common practice used by local officials is to claim a percentage reduction of certain types of crashes, while never revealing actual numbers or the actual number of RLV crashes. RLV crashes that injure and kill people are caused not by split-second violations, but instead by violations several seconds to several minutes into the red cycle, and a camera will not have any effect upon these inattentive or impaired drivers.

In 2013, WTSP investigative journalist Noah Pransky performed a series of televised reports documenting yellow light times that were too short in several Tampa Bay locations. These reports resulted in the state DOT requiring an added 4/10 of a second to all yellow light times. The legislature has refused to mandate additional yellow light timing, which has a proven history for safety in places such as Georgia, who mandated an added 1 second of yellow time in 2008. A re-creation of the crash that killed Mr. Wandall documented how this 1 second would have saved his life. Despite claims of lifesaving, no camera proponent has been able to mathematically prove with this certainty that a camera would have saved one life.

Analysis of Red Light Camera Bills- 2014 Legislative Session

In the 2014 session, there was fairly extensive pre-session coverage of several politicians that spoke in favor of repealing Florida's red light camera law (FS 316.0083). Both House Speaker Will Weatherford (R) and Senate President Don Gaetz (R) gave their support to repeal. In the Senate, the repeal bill, SB 144, was filed by Chair of the Transportation Committee, Jeff Brandes (R). Co-sponsors were Sens. Ring (R) and Evers (R). In the House, the repeal bill HB 4009 was filed by Reps. Artiles (R) and Campbell (D). Co-sponsors were Reps. Combee (R), Eagle (R), and Mayfield (R).

It is noteworthy the 2014 legislature was controlled by Republicans. It was originally a Republican (Ron Reagan) that filed the 2010 bill to authorize red light cameras.

Other related bills included SB 1478 by Sen. Evers (R) that would have prohibited right on red automated (not officer) enforcement, mandated the compensation for the cameras be based on the value of the equipment and not the number of tickets issued, added an exception (excuse) of a stolen tag, added a yellow light timing section and added an annual test requirement- with any camera failing the test being required to be disabled, and a statistical analysis was required. This bill was never heard in the Transportation committee chaired by Sen. Brandes (R).

The similar HB 553 by Rep. McBurney (R) and co-sponsored by Rep. VanZant (R ) would have prohibited right on red automated enforcement if a vehicle stopped past a stop line but did not enter the intersection, reserved automated speed enforcement to the state, required the compensation for cameras must be based on the value of the equipment and not the number of tickets issued, added the stolen tag excuse, a statistical analysis was required, minimum yellow times and annual test were required.- with any camera failing the test being required to be disabled. This bill was never heard by the Transportation and Highway Safety subcommittee chaired by Rep. Davis (R).

SB 144 was initially a full repeal bill. It died in the Transportation committee. It was scheduled for a hearing twice, and each time insufficient time was allocated to hear it. On March 26, Sen. Brandes offered a proposed committee substitute that would not ban the cameras but instead utilized some recommendations of the recent OPPAGA report on red light cameras. Despite this considerable compromise, the committee substitute was “temporarily postponed” on a motion by Sen. Jeff Clemens (D). Sen. Clemens is the legislator that gutted the 2013 repeal bill via a late-filed amendment. Sen. Brandes proposed several amendments to the bill to moderate it, such as prohibiting right on red automated (not officer) enforcement if the vehicle was under 15 MPH and did not cause a crash, mandating a ½ second grace period for automated enforcement, and directing local funds beyond a camera contract must be used for intersection safety. Each amendment failed and was opposed by Sens. Clemens (D), Joyner (D), Margolis (D), and Thompson (D). Supporters were Sens. Brandes (R), Garcia (R), Lee (R), and Richter (R). Not present and not voting were Sens. Diaz de la Portilla (R) and Evers (R).

HB 4009 was also a full repeal bill. It died in the Economic Affairs subcommittee chaired by Rep. Hooper (R) due to never being heard. This bill was only assigned to two committees, both of which deal with money. Despite the House Speaker being on record as supporting repeal, this chairman bucked leadership to kill the bill.

THSS 14-01 and its later version HB 7005 began as a committee bill from Rep. Artiles (R) and was a main transportation bill, not a specific red light camera bill. The original version did several things related to red light cameras:

Prevented local agencies (cities and counties) from adding new camera installations after July 2014; Reduced the fine to $83 + $25 camera vendor cost (if $25 approved locally by board, public hearings

required); Limited court costs to maximum amount of fine ($108); and Did not prohibit the state from installing and operating cameras.

Rep. Artiles made a couple of compromise amendments to pass the bill. These included allowing local scheme users to add the actual cost of the scheme to the ticket fee instead of the $25 cap. This bill passed the House Transportation and Highway Safety subcommittee on 1/9/14, with a vote of 10-3. The Liberty First Network was the only organization present to support this bill at the hearing.

It was then heard in the Transportation and Economic Development subcommittee on 3/24/14. The Liberty First Network was the only organization present to support this bill at the hearing.

Rep. Artiles again amended the bill. One amendment offered over $5 million in state funds to offset any local revenue lost due to bill changes. Another amendment as a compromise, added language to authorize automated right on red enforcement if there was a pedestrian or bicycle present. However, this amendment took away the opportunity for vehicle owners to attend traffic court by failing to pay the mailed ticket (“notice of violation”). This language would force all vehicle owners ticketed into local kangaroo courts, thereby ensuring guilty verdicts. The amendment also allowed a hold to be placed on any vehicle tag for an unpaid camera scheme ticket. As amended, it passed the subcommittee with a vote of 13-0.

The Liberty First Network published an alert as to this bill, and this alert generated a large number of calls and emails to committee members opposing the bill. The bill was subsequently amended and all red light camera language removed prior to it going to the Economic Affairs committee.

It was then heard in the Economic Affairs subcommittee on 4/11/14, where it passed without any red light camera law changes by a vote of 17-0.

The bill had 57 proposed amendments in total. 28 were adopted or otherwise included.

Legislators responsible for no action on red light cameras in 2014

House-

Rep. Hooper (R), chair of the Economic Affairs subcommittee refused to hear HB 4009. He is term limited and leaves office in 2014.

Rep. Davis (R), chair of the Transportation and Highway Safety subcommittee, refused to hear HB 553. He is up for re-election in 2014 and will not be term limited until 2018.

Senate-

Sen. Clemens (D) via his motion to temporarily postpone SB 144 killed the bill. He likewise killed a 2013 version via a late-filed amendment. He is not up for re-election until 2016.

Sens. Joyner (D), Margolis (D), and Thompson (D) all voted against Sen. Brandes' amendments to SB 144. Sen. Joyner is term limited and cannot seek re-election in 2014. Sens. Margolis and Thompson will be up for re-election in 2016.

We note that Sen. Brandes did not hear SB 1478; however, due to his experience with SB 144, it was unlikely any favorable action would be taken on SB 1478.

Follow the moneyAccording to Florida campaign finance records, ATS, a main camera vendor, for the period of January 1, 2010 through May 9, 2014, made $686,807.42 in campaign donations to state politicians and committees/parties.

In 2010, it was $151,500.00

In 2011, it was $136,000.00

In 2012, it was $103,307.42

In 2013, it was $261,000.00

In 2014 as of May 9, it is $35,000

From 2010-2014, ATS gave $200,000 to the Republican Party of Florida and $152,807.42 to the Florida Democratic Party.

Once the law was in place, the principal lobbyists for the camera scheme shifted from vendors such as ATS to local governments, with people such as city council members and police administrators lobbying legislators at taxpayer expense. As opposition to the camera scheme grew in 2013, so did ATS contributions to politicians.

The media has estimated ATS has spent more than $1 million on lobbyists in recent years.

The Florida Department of Revenue (DOR) publishes annual totals by fiscal year (July through June) for state revenue ($83 per paid ticket) from the camera scheme.

In 2011, it was $19,774,851 ($19.7 million) from 44 users (partial year)

In 2012, it was $51,065,842 ($51 million) from from 71 users

In 2013, it was $62,454,920 ($62.4 million) from 77 users

For 2014 for 8 of 12 months, it is $41,221,853 ($41.2 million). When averaged, the annual total would be $61,832,779 ($61.8 million). It is noted the number of users as of May 2014 fell for the first time to 73.

Based upon the $83/$75 fine split, local governments took in no less than:

In 2011, $17,868,841 ($17.8 million)

In 2012, $46,143,833 ($46.1 million)

In 2013, $56,435,168 (56.4 million)

A couple of conclusions can be drawn based upon the financial data

While contract amounts vary, there is no question ATS and other vendors made millions of dollars via use of the camera scheme. As such, spending a couple of million on politicians and lobbyists over several years still returns a tremendous profit.

The effectiveness of the camera scheme from a safety standpoint is questionable. If the scheme truly worked to reduce violations and crashes or to simply “change driver behavior”, then the revenue should be declining, not increasing. Users increased from 2012 to 2013 by 8%, yet revenue increased by 22%. In fiscal year 2014 even with several local users dropping use of the scheme, it is on track to make more money per user than in fiscal year 2013. In percentages, the decline in users is about 6% while the estimated decline in revenue is about 1%.

Why was nothing done this session?

2014 is an election year, and our analysis overall has showed very few controversial subjects were tackled by the entire legislature. It was noted in a news story after the end of session that fewer bills passed this year than in recent years. Just a few key legislators were able to derail the movement to repeal the camera scheme. While there is a tremendous amount of public opposition to the camera scheme, in 2014 only one citizen (and one Liberty First Network lobbyist) testified in Tallahassee against the scheme, while numerous government lobbyists testified in support of it.

2015 Recommendations

The red light camera scheme is one that is overwhelmingly unpopular with the public. Photo enforcement when put to a public vote has failed 27 out of 30 times, or 90% of the time. Yet the amount of money involved makes it easy for the vendor and local governments to send people to Tallahassee to lobby for the scheme. In recent months, local opposition has resulted in the cancellation of camera contracts in St. Petersburg, Cocoa Beach, Palm Bay, and a few others. Local political activity has resulted in Apopka adding 1 second of yellow light time.

Local citizens must become involved at the local level by casting informed votes for officials as well as via supporting the Liberty First Network in Tallahassee. This multi-prong approach will be mutually beneficial.

The Liberty First Network will work on bills for the 2015 session to include extended yellow light timing requirement as well as motorist rights bills to undo the damage caused by kangaroo courts. We will also support any effort to repeal red light cameras, as well as monitoring the legislature for other automated enforcement attempts such as school bus or speed cameras.

“It is upon us, the citizen, to ensure that freedom is guaranteed and that our government is limited in a manner to not impede on

our liberty.”

JOHN HALLMAN

The Liberty First Network1334 Tampa Rd #6, Palm Harbor, FL, 34683

info@libertyfirstfl.orghttp://www.libertyfirstfl.org