TITLE
RESOLUTION URGING MUNICIPALITIES IN MIAMI-DADE COUNTY NOT TO USE RED LIGHT CAMERAS TO ENFORCE RIGHT TURNS ON RED

BODY
WHEREAS, during the 2010 state legislative session, the Florida Legislature enacted HB 325, the Mark Wandall Traffic Safety Act, authorizing the use of cameras for red light enforcement, and on May 13, 2010, the Governor signed HB 325 into law, Chapter 2010-80, Laws of Florida; and
WHEREAS, HB 325 authorizes cities, counties and the Florida Department of Highway Safety & Motor Vehicles to install traffic infraction detectors, also known as red light cameras; and
WHEREAS, HB 325 imposes a fine of $158 for red light violations identified by camera, of which $75 would be retained by the county or city; $70 would go to the state general revenue fund; $10 would go to trauma centers, including Jackson Memorial Hospital, and $3 would go to the Miami Project to Cure Paralysis; and
WHEREAS, HB 325 provides that red light camera violations related to right turns can be issued if the driver is not making the right turn in a �careful and prudent� manner; and
WHEREAS, the most dangerous intersection crashes occur when drivers run a red light driving straight through the intersection rather than on right turns; and
WHEREAS, in many jurisdictions, the vast majority of red light camera violations have been on right turns; and
WHEREAS, in Collier County, for example, 89 percent of red light camera citations issued in April 2010 were based on right turns, leading Collier County to prohibit issuing red light camera citations based on right turns; and
WHEREAS, claims that red light cameras are used to generate government funds rather than to improve public safety may be centered on excessive red light camera enforcement of right turns on a red light; and
WHEREAS, excessive red light camera enforcement on right turns also causes unnecessary traffic backups because even after motorists have the right of way, they are sometimes fearful of making right turns out of fear that they will still be cited, further exacerbating roadway congestion; and
WHEREAS, people who receive right turn on red infractions often have to incur the expense of hiring an attorney to have the red light camera infraction dismissed even though state law expressly prohibits red light camera enforcement of rights turns on red when the turn is made in a careful and prudent manner, which is an added hardship in this very difficult economy; and
WHEREAS, on January 20, 2010, Miami-Dade County passed Ordinance No. 1101authorizing a red light camera program; and
WHEREAS, although Miami-Dade County�s red light camera program has not yet been implemented, the Miami-Dade County ordinance prohibits enforcement of right turns on red by red light cameras; and
WHEREAS, many municipalities in Miami-Dade County continue to issue citations for right turns on a red light using red light cameras,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges municipalities in Miami-Dade County not to use red light cameras to enforce right turns on red.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Mayor or City Manager of each municipality in Miami-Dade County and the Executive Director of the Miami-Dade League of Cities.