Florida Supreme Court Weighs Red-Light Camera Fees

TALLAHASSEE (CBSMiami/NSF) — Florida Supreme Court justices appeared skeptical Tuesday of a imaginable class-action suit challenging credit-card fees that a institution collects from motorists who get caught connected camera moving reddish lights.

The tribunal heard arguments successful a suit filed by motorist Steven Pincus against American Traffic Solutions, Inc. aft Pincus was nabbed moving a reddish airy successful 2018 successful North Miami Beach.

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American Traffic Solutions had a declaration to run North Miami Beach’s red-light camera program. Pincus contends successful the suit that American Traffic Solutions collected an improper $7.90 interest erstwhile helium utilized a recognition paper to wage a $158 postulation fine.

But immoderate justices pointed Tuesday to Pincus’ determination to wage the good by recognition card, arsenic helium could person avoided the other $7.90 interest by paying with a cheque oregon wealth order.

“What you are complaining astir is the $7.90 payment, and that is wholly voluntary,” Justice Alan Lawson said to Pincus’ attorney, Bret Lusskin. “You could debar it by paying a antithetic way.”

Similarly, Chief Justice Charles Canady said a cardinal origin “is that the prime to marque an physics outgo is wholly voluntary.”

“It seems to maine that this thought that is astatine the halfway of your lawsuit is that radical were forced,” Canady said. “You accidental they were shaken down, they were robbed.”

But Lusskin argued, successful part, that the further interest was not allowed by authorities laws aimed astatine having azygous postulation rules. Also, helium said American Traffic Solutions, a large subordinate successful the red-light camera industry, can’t necessitate motorists to wage further fees and that it is an “illusion that this is voluntary.”

“There is $7.90 that is successful ATS’ (the company’s) hands that should beryllium successful Mr. Pincus’ hands,” Lusskin said. “It was unlawful for them to enforce immoderate further fee, fine, surcharge oregon costs,

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and it’s amerciable to cod a commission.”

Red-light cameras successful Florida person agelong been arguable and person spawned a assortment of ineligible challenges. Also, the Legislature has repeatedly considered repealing a instrumentality that allows section governments to usage red-light cameras, though specified a repeal has not passed.

Pincus filed the suit successful 2018 successful national tribunal successful South Florida, but U.S. District Judge Donald Middlebrooks sided with American Traffic Solutions successful 2019 and dismissed the case. Pincus challenged the determination astatine the 11th U.S. Circuit Court of Appeals.

A sheet of the appeals tribunal successful February asked the Florida Supreme Court to assistance resoluteness questions astir interpretations of authorities instrumentality successful the case, a process known arsenic certifying questions to the authorities court. That led to Tuesday’s hearing.

“So, the statutory issues raised by this lawsuit — which volition find whether a vendor whitethorn adhd a surcharge to reddish airy camera penalties successful speech for permitting individuals to wage their penalties by recognition paper — whitethorn impact millions of Floridians and dozens of Florida’s municipal postulation enforcement regimes,” the February determination by the appeals tribunal said. “Resolution of the communal instrumentality issues whitethorn besides reverberate passim Florida, affecting Florida’s unjust enrichment instrumentality crossed divers contexts. Principles of federalism and comity counsel america not to effort to divine the answers to these challenging and important questions of Florida statutory and communal law.”

It is unclear erstwhile the Supreme Court volition contented an sentiment successful the case, a process that typically takes months.

Like the justices, Joseph Lang, an lawyer for American Traffic Solutions, pointed to Pincus’ determination to wage by recognition paper alternatively of utilizing different method.

“While helium was compelled to wage the violation, helium was surely not compelled successful immoderate mode to take to wage with a recognition card,” Lang said. “He could person paid with a wealth bid oregon a cheque and not incurred the fee.”

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