In 2005,  then Florida Attorney General Charlie Christ said red light cameras are “unlawful” without sanction of the state legislature. Now in 2010, a Florida judge has ruled that issuing tickets violates Florida’s current state law.

So why do over 50 cities in Florida continue to ticket drivers for red light camera violations? They’re gambling that legislation will be passed this spring, which would allow cameras statewide.

At the same time, another Florida bill could rule cameras illegal and have cities scrambling to issue millions of dollars in refunds.

How do cities get around state law? Cities create an ordinance that only applies to their specific town, thus using a loophole to make their own set of local traffic laws.

In recent weeks, many cities without current camera contracts have been meeting to pass ordinances and sign contracts before legislation is passed in hopes of retaining more ticket revenue “if” the cameras are made legal statewide in the future.

West Palm Beach, New Port Richey, Oveido, Punta Gorda, Oldsmar, and other Florida cities have all recently passed or have been preparing to pass local law within the last month.

We have two bills, one for and one against cameras. The house is currently in session and will ultimately decide the fate of the law in the next month.

Why aren’t cities waiting on the legislation before installing cameras? The cameras produce millions of dollars  locally and under HB 325, allowing cameras, the state would receive half of the all camera revenue. The bill allows for a grandfather clause for cities already using the technology before legislation is passed. In New Port Richey’s case…

“Another proposed bill, which passed a House committee Tuesday, would allow and standardize the cameras’ use statewide. But even that could prove an obstacle to Port Richey’s plans, the council said, because it would split the ticketed revenue among health care facilities and the state and earn the city $35 less per fine.

“Having cameras already up before legislation is passed would be a huge advantage,” City Council member Perry Bean said. The long-term contract could be leverage, council members said, allowing the city’s agreement to be grandfathered into law.

City councils have found yet another loophole.

Florida had 76 fatalities and 5,607 injuries from disregarding red lights in 2008. In a state of 19 million people, not including those who come for business or as tourists. The numbers are relatively low given the large number of drivers. Florida’s red light injuries have decreased every year since 1998, yet the 1st cameras were installed only 6 years ago.

Many cities don’t consider less revenue generating ideas for safety before installing cameras, such as increasing yellow light time or having all lights remain red longer before a green light is shown. The more cities who pass city law now, the more pressure it puts on the house to justify why the state won’t do the same.

House Bill 325 allowing cameras, is  named for Mark Wandall. He was a victim of a red light runners negligence. A little followed story by the local media says that Sarasota and Manatee counties have both contributed to Melissa Wandall’s coalition, though she hadn’t registered as a lobbyist and that her foundation is supported by major camera companies and insurance agencies.