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Nicole Kuncl

Abstract

This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over the use of redlight cameras to issue traffic citations. Strong arguments can be made both for and against this policy, but there are some who absolutely refuse to accept it, for both constitutional and practical reasons. If opponents hope to end all use of red-light cameras in the state, however, they will need to acknowledge that judicial opinion is overwhelmingly against them, both in Florida and beyond. This Note will argue that the proper (and perhaps only) venue for change in this instance is the Florida legislature.

After presenting the essential components of the Act, Part I of this Note provides a brief overview of the use of red-light cameras in Florida, and the debate over its legality prior to legislative sanction. Part I will conclude by considering the success of and popular response to the Act and to red-light cameras generally. Part II examines some of the specific challenges that have been raised against the Act in Florida in an attempt to discover why some have succeeded but most have failed. To that end, Part III looks beyond Florida to consider similar policies enacted in other states, and the judicial, legislative, and popular responses to these policies across the nation. Viewing the fight against red-light cameras in Florida within the broader context of the ongoing debate throughout the country, this Note will argue that those who oppose the Act must learn from others’ mistakes. Finally, Part IV considers the most recent and ongoing attempts to defeat red-light cameras in Florida, suggesting that ultimate victory will be achieved (if at all) in Florida’s legislature, not its courts. This Note concludes by offering a few of the arguments opponents must make on the floors of the Florida House and Senate if they want to stop red-light cameras once and for all.

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