- November 18, 2024
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Palm Coast may have to refund drivers for red light camera citations to comply with a Florida Supreme Court opinion issued Thursday, June 12 that held camera programs initiated before the 2010 Mark Wandall Traffic Safety Act invalid.
The city has asked its attorney to evaluate how the ruling will affect it, Palm Coast spokeswoman Cindi Lane said. Palm Coast's red-light camera program began in 2008.
The Supreme Court of Florida's consideration of the cameras was a result of two separate legal challenges of pre-2010 red light camera programs, one in Aventura and one in Orlando.
In the Aventura case — City of Aventura v. Masone — the state’s 3rd District Court of Appeal sided with the city against the driver challenging the program's legality. In the Orlando case — City of Orlando vs. Udowychenko — the 5th District Court of Appeal sided with the driver and against the city.
After the appellate courts issued conflicting rulings, the Florida Supreme Court examined the issue and upheld the Orlando decision, ruling 5-2 in favor of the 5th District, with Justices Peggy A. Quince and Barbara J. Pariente dissenting.
The majority opinion held that municipalities did not have the legal authority to enact local red-light camera ordinances before the Mark Wandall Traffic Safety Act was passed in 2010.
