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| Michael P. Maddux Tampa, Florida Attorney |
Many cities in Florida rushed to install red light cameras without legislative authorization and now they are facing challenges to keep these cameras in place. There’s a pending class action lawsuit against the city of Temple Terrace for permitting American Traffic Solutions (ATS) to install and operate the traffic cameras. The traffic camera program was initiated to generate $3 million in annual revenue, mostly targeting vehicles that were illegally turning right at red lights where prohibited. Although Florida’s legislation has consistently refused to permit automated ticketing, these companies proceeded to install the cameras. The primary argument against Temple Terrace is that there’s already state law in place for red light running and Florida Statutes § 316.007 doesn't allow municipalities to "enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized". Like other cities in Florida, Temple Terrace claims to avoid this restriction by creating it’s own ordinance violation adjudicated by a recently created red light camera "hearing officer". However, according to attorney, Jack L. Townsend, Jr., the state constitution gave our legislature exclusive jurisdiction over civil traffic hearing officer systems and cities cannot just implement their own judicial system. Since Temple Terrace cannot use state law to enforce camera based citations, the city’s ordinance gets its teeth by declaring that a vehicle owner who fails to pay the fines will be denied rights and privileges, including the right to use municipal facilities, to obtain licenses or permits, and other restrictions.
In 2010, Florida’s legislators will be reviewing a proposed Bill, which would make driving with loud music a more severe crime and carrying harsher punishment. State Representative D. Alan Hays (R-Umatilla) introduced House Bill 137 to the Florida House of Representatives in September. If passed, this Bill, would modify the current loud stereo statute by imposing double the fines and making the offense a moving violation. If cited 3 times for this offense, the House Bill 137 would impose 3 points against their license and a $180.00 fine. These points would increase auto insurance premiums for the cited individual.
On October 3, 2009 Pensacola Police Officer Jerald Ard saw Victor Steen , 17, at a construction site. As Steen began to ride away on his bicycle, Ard pursued him in his police cruiser and ordered him to stop. However, Steen did not stop. Ard attempted to stop Steen by using his Taser, but Steen was able to turn into a bank parking lot. He then crashed his bicycle and was run over by Officer Ard.
A 38 year old man from Bradenton who was riding his bike and subsequently ran from cops following a traffic stop was tasered and died less than an hour later at Manatee Memorial Hospital. An autopsy will be conducted to determine the cause of death. Family members said that the man suffered from epilepsy. Until a full autopsy is conducted, the Police Department will not make any comments as to whether the taser caused the death.
Two individuals who have recently been taken to the Orient Road Jail because of allegations of Driving Under the Influence have filed notices of intent to sue the Hillsborough County Sheriff’s Office for excessive force. Both incidents of excessive force occurred in the central breath testing area. One individual states that she went unconscious while waiting to be administered a blood test and a deputy pulled her off the chair and dragged her across the floor. The second individual claims he was choked by officers while taking the breath test. The Hillsborough County Sheriff’s Office denies any wrong doing by its officers.
Welcome to the Sunshine State! I know you have a busy schedule, but there’s a few things that you should do immediately to ensure you are following the laws of this State. First, you will need to convert your driver’s license to Florida. You can check online to see if you will need to take a written or road test to qualify for a Florida’s driver’s license. Secondly, you should inform your auto insurance carrier immediately of your move and obtain a Florida auto insurance policy from a licensed company. Thirdly, you will need to register your vehicle’s title with the county tax collector’s office. You will need to bring proof you have Florida automobile insurance, your original out-of-state title and physical inspection verification that your automobile’s VIN number is legitimate. You must register your vehicle within ten days of obtaining employment, placing children in public schools or establishing residency.
You never know when or if you will be involved in a horrific car accident or will need emergency care. When these situations occur, you might not be able to call your loved ones to tell them that you are being transported to the hospital or that you need their help. The Florida Department of Highway Safety and Motor Vehicles offers a free service which allows you to provide emergency contact information to law enforcement in the event of an emergency, if you have a current Florida Driver’s License or Florida Identification Card. Having this information accessible saves critical time. The emergency contact information is protected under the “Driver Privacy Protection Act (DPPA) and automatically blocks the release of driver license information, name, address, telephone number, medical or disability information and emergency contact information. Please consider logging onto http://www.flhsmv.gov/index.html and provide your emergency contact information.
