by Mike Sharkey
Staff Writer
Almost two years ago, then new City Council member Stephen Joost sponsored legislation that would see red light cameras installed at the 10 busiest intersection in Jacksonville.
The cameras were being used by dozens of cities and law enforcement agencies across the nation, all to some degree of effectiveness. Undeniable video evidence was generating revenue and the potential for getting a ticket was creating a less daring driver.
In Jacksonville, Joost figured the cameras would generate somewhere between $5 million and $6 million annually. The legislation passed Council Dec. 11, 2007 with an 18-0 vote.
To date, not one camera has been installed, not one ticket issued and not one dime generated. Granted, nothing’s been spent on the program. But, it hasn’t gone anywhere, either.
Monday, Joost met with Council Vice President Jack Webb and Cindy Laquidara and Howard Maltz of the Office of General Counsel to talk about the program and why it never got off the ground.
“The debate is over the legality,” said Maltz.
According to Maltz, the only way Jacksonville can legally install the cameras, enforce the infractions and collect the fines is to lobby the State Legislature to amend Sec. 316 of the State Statutes.
“The Legislature, closer than any other year, had a bill pending to fix the legislation,” said Maltz, who went on to explain a difference of opinion between the State House and the State Senate on how the revenue from the tickets would be split caused it to die on the floor during the past session.
Maltz said the bill’s legal hang-ups are common across the country. The problem stems from municipalities looking to enforce state laws then also seeking revenue from the infractions. While the cameras aren’t foolproof — about 40 percent of those ticketed get off because they dispute who’s in the photo — Joost says the revenue from 60 percent would certainly help the city’s general fund.
Webb agrees.
“This makes sense. Talk about a user fee,” said Webb. “If you don’t want the ticket, don’t run red lights.”
According to the legislation, once passed, the Jacksonville Sheriff’s Office will be responsible for procuring a red light camera vendor, monitoring the motion-sensitive system, issuing the tickets and collecting the fines. The fines are as follows: a civil penalty of $125 for a red light violation; $175 for speeds 15-19 miles per hour in excess of the posted limit, $200 for speeds 20-29 miles per hour over; and $300 for speeds in excess of 30 miles an hour over the limit.
Joost said he and Sheriff John Rutherford have met on the issue and agreed that the fines would go into the City’s general revenue fund for disbursement on an as-needed basis.
Laquidara said the main sticking point is the money generated by the fines.
“The question is: who’s revenue is it? The State controls this area of the law,” she said.
Because running a red light is a moving violation, State law — and thus the revenue generated — prevails. However, that’s not the case everywhere.
Maltz said the City of Orlando uses the cameras and has gotten away with it thus far because it has ruled running a red light is a nonmoving violation.
“That is not in conflict with the State Statute,” he said.
Maltz said his office will work to craft language that can be added to the State Statute that governs the legality of the cameras. He said he’d like to see that language passed through both the House and the Senate during the 2010 session.
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