Speeding Violation using Camera in Florida

cookiecdcmk

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Jurisdiction
Florida
I was issued a speeding violation by a village Code Compliance Division which was using a license plate recognition camera near a school zone. Per Florida Statue 316.0777(b) a notice of violation cannot be issued for a traffic infraction or uniform traffic citation using a camera. They are allowed to use cameras but not to issue viotations. Am I right in making this claim.
 
You've mis-cited the statute. I'm guessing you meant 316.0777(2)(b), which reads as follows:

"At the discretion of the Department of Transportation, an automated license plate recognition system may be installed within the right-of-way, as defined in s. 334.03(21), of a road on the State Highway System when installed at the request of a law enforcement agency for the purpose of collecting active criminal intelligence information or active criminal investigative information as defined in s. 119.011(3). An automated license plate recognition system may not be used to issue a notice of violation for a traffic infraction or a uniform traffic citation. Such installation must be in accordance with placement and installation guidelines developed by the Department of Transportation. An automated license plate recognition system must be removed within 30 days after the Department of Transportation notifies the requesting law enforcement agency that such removal must occur."

I disagree with your interpretation that this sub-section contains a blanket prohibition against the use of cameras to issue traffic citations.

For starters, I assume that, since the term "State Highway System" is in all caps, it has a specialized meaning. Unfortunately, no definition is contained in section 316.0777 or in section 316.003.

Putting that aside, and assuming that the road near a school zone where you were driving was part of the "State Highway System," section 316.0777(2)(b) only prohibits the issuance of citations as a result the "automated license plate recognition system" described in that section - i.e., as defined in section 316.0777(1)(c): "a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data" (emphasis added).

I suggest you consult with a local attorney.
 
I was issued a speeding violation by a village Code Compliance Division which was using a license plate recognition camera near a school zone.

My take is that the statute does not apply to "village" streets and roads. It's likely that the "village" has its own speed camera regulations that are not prohibited by the state.
 
Sigh, make it easier for yourself. How? Simply observe and obey all traffic laws, ALL THE TIME, or be stupid and keep on trying to beat, rather than obeying the law. Your choice, but choose wisely!

Don't complicate your life. Don't become Tony Romo or Tiger Woods.
The big bad law and it's protectors/enforcers enjoy fresh meat.
Obey their laws, lest they'll eagerly pick your pockets and bones dry!
 
I was issued a speeding violation by a village Code Compliance Division which was using a license plate recognition camera near a school zone. Per Florida Statue 316.0777(b) a notice of violation cannot be issued for a traffic infraction or uniform traffic citation using a camera. They are allowed to use cameras but not to issue viotations. Am I right in making this claim.
No. You were in a school zone.

Florida Statute 316.0776(3) was specifically created to allow installation of "Speed detection systems" on roadways within a school zone.
Florida 2023 House Bill 657, which was approved by over 90% in both house, clearly authorizes the installment and use of automated speed detection systems in school zones for the purpose of speed enforcement.

More appropriate legal angles to consider: was there appropriate signage and warnings, and what was the time of day. In particular, there should be signage indicating not just the school zone speed limit, but photo enforcement. (Photo enforcement is supposed to be during the time periods where one can reasonably expect to have children in the area, coming/going to school, not 2 AM.)

See: FDOT School Zone Speed Detection System Placement and Installation
 
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