Florida/Georgia Personal Injury & Workers Compensation

..., in that it is a signal which regulates, warns, or guides traffic. We therefore conclude that by using the term "traffic lights" in section 316.1235, the legislature clearly intended to include both traffic control signal devices, as referred to in section 316.075, i.e., those which alternately direct traffic to stop and permit it to proceed, as well as those provided in section 316.076, i.e., flashing red or yellow signals, which respectively direct the motorist to stop and then proceed into the intersection, or proceed with caution through the intersection. In so deciding, we note that in 1971 the legislature enacted the Florida Uniform Traffic Control Law, which included the definitions for official traffic control devices and traffic control signals, as well as section 316.075 (originally numbered 316.138), and section 316.076 (originally numbered 316.133)....

...he instruction because there was no evidence that Renfroe had entered the intersection when Pate made his turn. Pate did not present to the trial court the argument he makes now, i.e., that it was an error of law to give the instruction because only section 316.075(1)(b), which expressly applies to a motorist turning left under a green arrow, should provide the standard for Pate's conduct. Indeed, though arguing to this court that the correct standard for judging whether Pate's conduct was negligent is contained in section 316.075(1)(b), Pate did not request any jury instruction based on that statute....

ordinance to enforce and punish violations of section 316.075, Florida Statutes (2008). Florida’s traffic

...bits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. § 316.075(l)(a)....

...-6- whether by public or private parties and providing for the construction and maintenance of such streets and highways.” (Emphasis added.) Chapter 316, of course, regulates red light violations. Section 316.075 contains detailed rules governing the conduct of drivers and pedestrians relating to traffic control signal devices....

...Among these rules is the general requirement that “[v]ehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown.” § 316.075(1)(c)1., Fla. Stat. (2008). Any violation of the rules in section 316.075 relating to traffic control signal devices “is a noncriminal traffic infraction, punishable pursuant to chapter 318.” § 316.075(4), Fla....

...e law. Nothing in - 11 - section 316.008(1)(w) provides that municipalities are granted the authority to enact an enforcement regime different from the enforcement regime applicable under the provision of section 316.075(4) that red light violations are “punishable pursuant to chapter 318.” And nothing in section 316.008(1)(w) creates an exception from the express preemption imposed by section 318.121 of any fines other than the penalties impos...

...preemption, its reliance upon the fact that the municipalities created enforcement regimes different than those provided by state law seems to implicate conflict preemption—essentially concluding that the ordinances are invalid because they conflict with section 316.075(4), Florida Statutes, which states that red light violations are “punishable pursuant to chapter 318,” § 316.075(4), Fla....

...2d 1160, 1161 (Fla. 1989)). Nonetheless, even applying the broader standard for conflict preemption recently adopted by this Court in Palm Bay, a decision from which I also dissented, the municipal ordinances in this case still do not conflict with section 316.075(4), which states that red light violations are “punishable pursuant to chapter 318.” § 316.075(4), Fla....

...l to those found within the Florida Uniform Traffic Control Law. While I do not dispute that those red light violations prosecuted under the Florida Uniform Traffic Control Law must be punished “pursuant to chapter 318,” as required by section 316.075, red light violations punished through the municipalities’ code enforcement mechanisms are not subject to this same requirement....

...ble-cause Fourth Amendment analysis." Whren v. United States, 517 U.S. 806, 813, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). The trial court found that Detective Hodgers observed Noto rolling through a red light, a violation of Florida's traffic law. See § 316.075(1)(c), Fla....

...thorized to issue traffic citations and penalize drivers who fail to obey red lights. In Opinion General Attorney Florida 97-06, the Honorable Robert Butterworth opined that while nothing precluded the use of unmanned cameras to record violations of section 316.075, a photograph of a vehicle violating traffic control laws may not be used as the basis for issuing a citation....

...�� However, the City’s ordinance enforces traffic violations of a subject area that is covered and enforced by state law. This is the type of conduct that is expressly prohibited in the language of section 316.002 and section 316.008. According to section 316.075(l)(c)l., vehicular traffic “facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown.” (emphasis added)....

...Act” 10 within the Florida Uniform Traffic *597 Control Law, Chapter 2010-80, Laws of Florida, which included provisions in section 316.008 allowing a county or municipality to use “traffic infraction detectors” to “enforce s. 316.074(1) or s. 316.075(l)(c)l....

...In this instance, the statute is not silent as to the conduct regulated. It is the same conduct but enforced inconsistently. As stated previously in this opinion, it is clear that the City’s ordinance enforces identical conduct that is covered by chapter 316. While section 316.075(l)(c)l....

...Further, according to this chapter, the punishment and fines are covered by chapter 318. Consequently, the City’s ordinance conflicts with state law. Section 316.640(5)(a), Florida Statutes (2009), provides for the issuance of a traffic citation based upon personal observation of the commission of a traffic infraction. 12 Section 316.075, Florida Statutes (2011), requires adherence to traffic control signal devices by “drivers” of vehicles. Section 316.075(4) provides that a violation of this section is a noncriminal traffic infraction punishable pursuant to chapter 318....

...Section 318.14(6), Florida Statutes (2009) provides that the commission of a charged infraction at a hearing under this chapter must be proved beyond a reasonable doubt. Section 318.18(15), Florida Statutes (2009) provides for a $125 penalty for a violation of section 316.075(l)(c)l....

...Traffic Safety Act. The analysis noted that based on these Attorney General Opinions, the majority of local governments with red light programs use them solely for data collection or as a warning system to motorists. . Further, this Court notes that section 316.075(l)(c)l.a....

...However, no written order on the probation violation was ever entered by the court. On appeal, Walker first alleges that the trial court erred by finding that he violated his probation by committing a non-criminal traffic offense. After the chase, Walker was cited for running a red light in violation of section 316.075, Florida Statutes, (2012)....

thereto as to constitute an immediate hazard. Section 316.075(l)(b), Florida Statutes (1981), provides: Vehicular

...rs 316 and 318," were not authorized under section 316.008(1)(w), Florida Statutes (2008), and were expressly preempted by sections 316.002 and 316.007. -4- enforce violations of sections 316.074(1) and 316.075(1)(c), Florida Statutes, for a driver's failure to stop at a red light traffic signal." City of Fort Lauderdale v....

...(1)(a) For purposes of administering this section, the department, a county, or a municipality may authorize a traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1....

...This paragraph does not prohibit the department, a county, or a municipality from issuing notification as provided in paragraph (b) to the registered owner of the motor vehicle involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. § 316.0083 (emphasis added)....

...Trinh passing through that intersection on a red light. It was undisputed that Ms. Trinh received a notice of violation, after which she did not pay the statutory fine or raise a statutory defense. On July 31, 2014, a UTC was issued to Ms. Trinh for a violation of section 316.075(1)(c)(1) as a result of her vehicle's "failure to stop at a red traffic signal." Deputy Jonathan Lopes signed the citation electronically with his computer- generated signature and badge number. In March 2015, Ms....

regulations for animals and animal-drawn vehicles); id. § 316.075(l)(c)(2)(b) (“Unless otherwise directed by a pedestrian

...its admissibility.”). . Section 316.0083(l)(e), Florida Statutes (2012), provides, in full: The photographic or electronic images or streaming video attached to or referenced in the traffic citation is evidence that a violation of s. 316.074(1) or s. 316.075(l)(c)l....

...when the driver failed to stop at a traffic signal has occurred and is admissible in any proceeding to enforce this section and raises a rebuttable presumption that the motor vehicle named in the report or shown in the photographic or electronic images or streaming video evidence was used in violation of s. 316.074(1) or s. 316.075(l)(c)l....

...e thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. § 316.074(1), Fla. Stat. (2012). 4. Section 316.075(l)(c)l., Florida Statutes (2012), provides: Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown. § 316.075(l)(c)l„ Fla....

under the circumstances, not less. Pursuant to section 316.-075(l)(a), Florida Statutes (1993), a vehicle

unless directed otherwise by a police officer); § 316.075(1), Fla. Stat. (2015) (requiring drivers generally

MAY, C.J. When is running a red light not the same as running a red light? The answer: when the violation is captured by a red light camera instead of a law enforcement officer. This distinction is one with a difference. Section 316.075, Florida Statutes (2010) is constitutional and does .not violate the Equal Protection Clause of either the United States or Florida Constitutions. We reverse the trial court order finding the statute unconstitutional. When law enforcement observed the driver proceed through a red light, the officer issued a citation for a violation of section 316.075. The citation resulted in a $158 fine and four points added to the driver’s license. The defendant challenged the constitutionality of section 316.075 by filing a motion to dismiss. The defendant argued that section 316.075 “creates inequitable classes because it only applies to those individuals who are alleged to have violated the statute, and the violation was observed by a law enforcement officer.” The trial court held that the statute violates both the federal and Florida Equal Protection Clauses and offered the following rationale: Although [section] 316.0083[, Florida Statutes (2010) ] prohibits the exact conduct as [section] 316.075, a driver who is observed by an officer committing the violation (in the traditional manner) is subjected to more severe penalties and ramifications than a driver who is fortunate enough to have committed the infraction at a “red light camera” intersection. The trial court concluded that continued enforcement of section 316.0083 renders section 316.075 unconstitutional by treating citizens differently, depending upon whether the red light violation is caught by law enforcement or a red light camera. The State has timely appealed the order. The State argues that the trial court erred in declaring section 316.075 unconstitutional because sections 316.075 and 316.0083 do not apply to similarly-situated people. Therefore, -the differing penalties do not violate equal protection principles. The defendant continues to argue that the two statutes apply to similarly-situated people, and enforcement of section *326 316.0083 renders section 316.075 unconstitutional....

...By contrast, when a vehicle is photographed for traveling 30 mph over the speed limit, there is no probable cause to believe that the owner of that vehicle was driving and therefore committed a crime, because there is no additional evidence that the owner was in fact the driver. Id. (citation omitted). Section 316.075 provides that “[vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown ....” § 316.075(1)(e)1, Fla. Stat. (2010). “A violation of [section 316.075] is a noncriminal traffic infraction....” § 316.075(4), Fla....

...That presumption may be overcome through any of the means enumerated in subsections (d)1.a.-d. §§ 316.0083(1)(d)1.a.-d. (2010). A vehicle-owner does not receive any points on his license for a violation of section 316.0083. Under Dixon , individuals cited for red light violations under section 316.075 are not similarly situated to those who are cited for red light violations under section 316.0083. Even if the individuals were similarly situated, section 316.075 is not unconstitutional because there is a rational basis for not issuing points on the licenses of those in violation of section 316.0083. Pursuant to section 316.075, a law enforcement officer has to observe the violation, who then tickets the “driver” of the car....

...based on a red light violation captured by a camera as there is no law enforcement officer present to determine who actually operated the vehicle. There is therefore a rational basis for the differing penalties between the two statutory provisions. Section 316.075 is not unconstitutional because of the enforceability of section 316.0083....

standing at a steady red light as required by section 316.075(3)(a), Florida Statutes, would appear to fall

...airman Foster: On behalf of the Palm Beach County Commission, you ask the following questions: 1. May a county enact an ordinance authorizing the use of unmanned cameras at traffic intersections for the purpose of issuing citations for violations of section 316.075 , Florida Statutes? 2. If so, may the county serve the traffic citation by mail? In sum: 1. The use of unmanned cameras to record violations of section 316.075 , Florida Statutes, is not precluded by state law, and represents an innovative approach to detect and deter the dangerous conditions created by drivers who disobey traffic signals. The statutes governing the enforcement and citation for violations of section 316.075 , Florida Statutes, however, have not been amended to allow the photographic record from unmanned cameras monitoring intersections to be used as the sole basis for issuing citations....

...raffic citations by mail must be authorized by statute. Question One Chapter 316 , Florida Statutes, constitutes the Florida Uniform Traffic Control Law and was enacted to make uniform traffic laws applicable throughout the state and its counties. 1 Section 316.075 , Florida Statutes, prescribes uniform meanings to be applied to the red, yellow and green lights that may be used for controlling vehicles and pedestrians....

...traffic by security devices or personnel on public streets and highways, whether by public or private parties. . . ." 4 (e.s.) Use of an unmanned camera to detect vehicles that do not remain stopped and standing at a steady red light as required by section 316.075 (3)(a), Florida Statutes, would appear to fall within this specifically granted authority....

...enforcement may more efficiently and thoroughly target those who create dangerous conditions by violating the traffic laws of this state. Accordingly, it is my opinion that while nothing precludes the use of unmanned cameras to record violations of section 316.075 , Florida Statutes, a photographic record of a vehicle violating traffic control laws may not be used as the basis for issuing a citation for such violations....

...Rather, independent observation or knowledge of the infraction by the officer issuing the citation is required. Question Two In light of the conclusion in question one, it is not necessary to respond to this question as it relates to the mailing of a citation for violation of section 316.075 , Florida Statutes....

...l, return receipt requested, to the address of the registered owner of the motor vehicle involved in the violation. 14 A review of Chapter 316 , Florida Statutes, has not revealed any analogous provision for the mailing of citations for violation of section 316.075 , Florida Statutes....

...Accordingly, it is my opinion that service of traffic citations for violations of Chapter 316 , Florida Statutes, may be made by mail only when authorized by statute. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 See , s. 316.002 , Fla. Stat. (1995). 2 Section 316.075 (3), Fla....

...pay a prescribed toll. This office has been advised that the City of Fort Meade, Florida, is participating in a federally funded red light camera detection demonstration program in which motorists who are recorded running a red light in violation of s. 316.075 , Fla....

...The jury verdict returned damages in the total amount of $14,-832.64, which was offset by the .finding of 50% comparative negligence. *446 The first issue involves the trial court’s granting of the Moons’ request to give a jury instruction based on section 316.075(l)(a), Florida Statutes (1989). Over the objection of Hedergott, the trial court instructed the jury regarding section 316.075(l)(a) as follows: ‘Vehicular traffic facing a circular green signal may proceed cautiously straight through, or turn right or left....

...In the instant case, there was a debatable issue as to what negligence, if any, was attributable to Hedergott. Therefore, the verdict finding Hedergott 50% negligent was supported by the manifest weight of the evidence, and the giving of a jury instruction on section 316.075(l)(a) was appropriate....

cited for failing to obey a traffic device, section 316.075(3)(a), Florida Statutes (1997), and for careless