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Florida House of Representatives
Representative Tom Grady
District 76
District Office: Tallahassee Office:
Administration Building, Suite 304 412 House Office Building
3301 Tamiami Trail East 402 South Monroe Street
Naples, FL 34112 Tallahassee, FL 32399
(239) 417 -6200 (850) 488 -4487
(239) 417 -6204 (fax) Email: tom.grady4 iiiyfloridahouse.gnv
May 12, 2010
Via Email
Governor Charlie Crist
The Capitol
400 South Monroe Street
Tallahassee, FI, 32399
Re: House Bill 325, Uniform Traffic Control
Dear Governor Crist:
The sponsors and supporters of Mouse Bill 325 had in mind the admirable goal of
preventing traffic accidents caused by irresponsible drivers. I support this goal. But House Bill
325 fails to accomplish it and does real harm to Floridians, and for that reason I urge you to veto
the bill.
Governor, you have been a champion of less government, less taxing and more freedom.
This bill violates all of those principles. It is more government. Indeed, it is hard to imagine a
more intrusive bill than one that authorizes Big Brother to watch your every move. It is a tax — a
revenue grab — on hard working Floridians already struggling to support their families. And
government cameras are the antitheses of freedom.
As reported by THE WALL STRUT JOURNAL in Get the Feeling You're Being Watched?
If you're Driving, You Just ?Might Be (copy enclosed), any reduction in side collisions is offset
by an increase in rear -end collisions caused by drivers slamming on their brakes to avoid a ticket.
The best way to decrease accidents at intersections is to increase the time for yellow lights and to
better synchronize light changes. Might we try that first and champion freedom and safety?
Councils & Committees:
Criminal & Civil Justice Policy Council; Civil Justice & Courts Policy Committee; PreK -12
Appropriations Committee; Insurance, Business & Financial Affairs Policy Committee
12A '4
Governor Charlie Crist
May 12, 2010
Page 2
Every organization supporting this bill (local governments, the vendor of the equipment,
etc.) has a stake in the revenue it will produce. Independent voices like the AAA recognize the
bill for what it is and oppose it. So do 1.
Despite the admirable goals of this bill, a closer analysis shows it for what it is — a money
grab and a monopolistic sop to a single vendor: American Traffic Solutions. I urge you to veto
this bad bill, Governor.
Respectfully,
Tom Grady
State Representative, District 76
TRG1cp:drr
Enclosure
Rep. Tom Grady asks Gov.
red light bill
Pa e of 3.
7WON
l�
Crist to veto
• By TARA E. McLAUGHLIN
• Posted May 12, 2010 at 2:56 p.m. , updated May 12, 2010 at 7:17 p.m.
• Email
• Discuss
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Documents
• Tom Grady letter to Charlie Crist
Tom Grady
Gov. Charlie Crist
RED LIGHT CAMERAS
• INTERACTIVE MAP: View an interactive map of the intersections where red light cameras are located in
Collier County.
• VIDEO: 10 things to know about red light cameras
• VIDEO: Play the red -light running camera game
• STORIES: Search for stories about red light cameras
• SPECIAL SECTION: For videos, photos and stories about red light cameras in Collier; Lee
COLLIER COUNTY — State Rep. Tom Grady has asked Gov. Charlie Crist in a letter to veto red light camera
legislation by Saturday's deadline.
The Naples Republican, who recently resigned from Crist's U.S. Senate campaign, said the cameras are a
money grab for local governments and companies who stand to bring in millions.
"This is intrusive and limits freedom," Grady said. "As a lawyer, I'm bothered by the fact that you're guilty before
proven innocent."
Tickets generated via red light cameras are issued to car owners, not drivers. Drivers have to challenge the
system to have the ticket cleared.
Collier County drew more than $1 million from red light tickets issued from cameras in the first year. The
company that provides the equipment at no cost to the county earned about $500,000.
The Florida House of Representatives passed H.B. 325 on April 23 in a 77 -33 vote. Grady voted no. Four days
later, with a vote of 30 -7, the state Senate sent the bill to Crist's desk. Sen. Garrett Richter, R- Naples, voted
yes.
The governor has until Saturday to take action on the bill.
When asked if Grady thought his letter still carried weight since his resignation as Crist's regional campaign
chairman, Grady said he'd like to think that was not an issue.
The Florida law would make it legal for governments to install cameras on state -owned roads as well as
regulate cameras already in place.
Estimates have put state revenues at more than $29 million in the first year. Local governments would receive
$75 per violation and the state would take the rest.
Grady's letter comes days after AAA Auto Club South, which supports the idea of red light cameras, also asked
the governor to veto the bill.
"The fact that only 10 percent of the fine revenue is to be used for public safety and health purposes clearly
shows that this legislation was more about raising money than improving traffic safety," said Kevin Bakewell,
AAA senior vice president.
Violators can expect to pay $62.50 now, but should the state bill become law, that fee would jump to $158.
71 ,T__ -2__. X X___ I" 'I ni n A /IT A 00 A n-rT Tr,rn
Page 2 of 3
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Related videos
9?i�,2tlfo '
• Sheriff still defends red -light cameras
• Snapshot: Red -light cams, one year later
• Red light camera malfunctioning at Livingston and Immokalee Roads
• 10 things to know about red light cameras
• Learn how red -light cameras work
RED LIGHT CAMERAS
• INTERACTIVE MAP: View an interactive map of the intersections where red light cameras are located in
Collier County.
• VIDEO: 10 things to know about red light cameras
• VIDEO: Play the red -light running camera game
• STORIES: Search for stories about red light cameras
• SPECIAL SECTION: For videos, photos and stories about red light cameras in Collier; Lee
COLLIER COUNTY — State Rep. Tom Grady has asked Gov. Charlie Crist in a letter to veto red light camera
legislation by Saturday's deadline.
The Naples Republican, who recently resigned from Crist's U.S. Senate campaign, said the cameras are a
money grab for local governments and companies who stand to bring in millions.
"This is intrusive and limits freedom," Grady said. "As a lawyer, I'm bothered by the fact that you're guilty before
proven innocent."
Tickets generated via red light cameras are issued to car owners, not drivers. Drivers have to challenge the
system to have the ticket cleared.
Collier County drew more than $1 million from red light tickets issued from cameras in the first year. The
company that provides the equipment at no cost to the county earned about $500,000.
The Florida House of Representatives passed H.B. 325 on April 23 in a 77 -33 vote. Grady voted no. Four days
later, with a vote of 30 -7, the state Senate sent the bill to Crist's desk. Sen. Garrett Richter, R- Naples, voted
yes.
The governor has until Saturday to take action on the bill.
When asked if Grady thought his letter still carried weight since his resignation as Crist's regional campaign
chairman, Grady said he'd like to think that was not an issue.
The Florida law would make it legal for governments to install cameras on state -owned roads as well as
regulate cameras already in place.
Estimates have put state revenues at more than $29 million in the first year. Local governments would receive
$75 per violation and the state would take the rest.
Grady's letter comes days after AAA Auto Club South, which supports the idea of red light cameras, also asked
the governor to veto the bill.
"The fact that only 10 percent of the fine revenue is to be used for public safety and health purposes clearly
shows that this legislation was more about raising money than improving traffic safety," said Kevin Bakewell,
AAA senior vice president.
Violators can expect to pay $62.50 now, but should the state bill become law, that fee would jump to $158.
71 ,T__ -2__. X X___ I" 'I ni n A /IT A 00 A n-rT Tr,rn
aPge 3 of 3
12A
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Grady said red light cameras do not improve safety, they transfer - accidents from those caused by running red
lights to those caused by slamming on brakes to avoid getting nabbed on film.
He said increasing the length of yellow lights and better traffic light synchronization would do more to keep
drivers safe.
There are no provisions in the bill to study its effectiveness, Grady said.
Collier County Commissioner Donna Fiala, who supported the cameras, told a Daily News reporter last month
that the state's proposed law is concerning.
"The state is putting (cameras) in because they need a cash cow, not for safety purposes," Fiala said. "That
changes my whole outlook. It's all about money for them."
A/(nnriav Maw 17 1010 e mar:no !1„l:,,o. rr n cc n n'M rr,rr'%
Prosecution Advances in Red Light Camera Fraud Scandal
Thirty-eight public officials and corporate officers face charges in red light camera scandal.
The investigation into the fraudulent use of red light cameras in Italy last week
concluded with prosecutors preparing charges against thirty -eight public
officials and photo enforcement company executives. Prosecutors claim that
three photo enforcement companies formed a cartel that operated in collusion
with public officials for the purpose of generating revenue. The officials
accepted bribes in return for approving lucrative contracts and shortening the
duration of yellow lights at intersections equipped with red light cameras.
Last month, Milani prosecutor Alfredo Robledo last month ordered the last raid
in the case's investigatory phase. The Guardia di Finanza, a law enforcement
arm of the Ministry of Economy and Finance, searched the home of Unione
Terre police commander Claudio Malavasi and the home of Andrea Lamoretti,
CEO of the technology firm ASCAA Spa. Lamoretti and Raul Cairoli, head of the firm Ci.Ti.Esse, met Malavasi
secretly to hand over GPS devices, cell phones, watches and envelopes stuffed with thousands of euros in
cash. Malavasi has since been suspended from his official duties.
CV' eIofl
12A
N 75 7010
The town of Segrate, near Milan, has also been at the center of the investigation, with prosecutors receiving
complaints from motorists as early as 2006 about abusive practices. Mayor Adriano Alessandrini is now
accused of shortening the duration of yellow lights to boost the profits of the red light camera program. The
move paid off, with 2,425,801.60 euros (US $3,206,078.01) in revenue generated from motorists who did not
have adequate time to stop, according to prosecution documents. The yellow in this case was set at 4.0
seconds with a "grace period" set to the bare minimum of 0.1 seconds -- settings that are extremely common in
the US.
Fresagrandinaria Mayor Giovanni Di Stefano, 50, is accused of renting photo enforcement equipment from the
firm Euro Service Srl, even though the city already maintained its own automated ticketing machines. Di
Stefano's son, Nicola, 34, is the co -owner of Euro Service. Prosecutors also accused the mayor of
embezzlement after he gave his son a pair of city -owned computers to use for the preparation of traffic ticket
reports. The son issued tickets from his own home using the city's password to the motor vehicle registration
database, in violation of laws restricting such access to law enforcement personnel.
The consumer watchdog group ADOC has announced it will launch a class action civil lawsuit against the thirty-
five municipalities involved in the scandal.
"T -Red cameras are often used in a non - transparent way, inconsistent with their purpose," ADOC President
Carlo Piled said in a statement. "in many cases, photo ticketing has been adopted as a way of imposing new,
and sometimes absurd, local taxes, solely to swell the municipal coffers."
Monday. Mav 17.2010 America Online: CLASSACTLIMO
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FILED
SUPERIOR COURT OF CAUFOFM
1 COUNTY OF ORANGE
APPELLATE DIVISION CE"TPAL Jus'nCE 0ENTER
2 +env 21200
SUPERIOR COURT OF CALIFORNIA
3 ALAN CARLSON CkA of the Court
4 COUNTY OF ORANGE
BY G (SALON
5
THE PEOPLE OF THE STATE ) Case No. 30 -2008 -93057
6 OF CALIFORNIA, )
)
7 ) JUDGMENT ON APPEAL
e
Plaintiff and Respondent, 3 from the
SUPERIOR COURT
COUNTY OF ORANGE
9 ) NORTH JUSTICE CENTER
VS. )
30 ) HON. ALLEN KELLEY STONE,
11 FRANCO, COMMISSIONER
12
13 Defendant and Appellant. )
14
15 Appellant contends evidence from the City of Fullerton's Automated
16 Enforcement System was inadmissible because the City's contract with the camera
17 operator contains a provision tying payment to the operator to revenue generated
18 by the system. This court agrees, and orders the judgment reversed.
19 Vehicle Code section 21455.5 (g) provides that a contract between a
20 governmental agency and a manufacturer or supplier of automated enforcement
21 equipment may not include a provision for payment of compensation to the
22 manufacturer or supplier based on the number of citations generated or
23 percentage of revenue generated as a result of use of the equipment. The purpose
24 of the statute is to avoid an incentive to the camera operator, as a neutral evaluator
25 of evidence, to increase the number of citations issued and paid through use of the
26 equipment.
27 The contract at issue provides for payment of a flat monthly fee, but also
28 provides that service fees can be negotiated "down or up, but not to exceed" the
monthly rate "if it is determined that fees paid to NTS exceed net program
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revenues being realized." The provision that fees can be negotiated "up," is
meaningless in light of the provision that fees are "not to exceed" the stated
monthly rate. However, the possibility that fees could be negotiated "down" if it Is
determined fees paid to NTS exceed "net program revenues being realized,"
indirectly ties fees to NTS to the amount of revenue generated from the program. If
Insufficient revenue is generated to cover the monthly fee, the fee could be
"negotiated down." As such, NTS has an incentive to ensure sufficient revenues
are generated to cover the monthly fee.
Because the City's contract with NTS violated Vehicle Code section
21455.5(8), the trial court erred in admitting evidence from the automated
enforcement system.
The judgment of the trial court is reversed, with instructions to dismiss the
citation. People v. Kriss (1979) 96 Cal.App.3d 913, 921. Because the judgment is
reversed for the reason discussed above, this court need not consider the other
arguments raised by appellant.
ROBERT J. MQXS, . - Presiding Judge
Image 1 of 1
14 AZSluo
American Traffic Solutions, the Arizona -based vendor that has been providing Collier's cameras at no a pense
in exchange for a portion of each citation, is committed to working with county officials to come into compliance
with the new law, which takes effect July 1, said George Hittner, vice president of government relations for ATS
and the company's general counsel.
"Just to be clear, we will be amending the contract to come up with a system that works for Collier County that
is compliant with this law," Hittner said.
Crnnriav NAnv 16 7010 AmPrira (lnlinP• f T ACCA('TT TMO
Page 1 of 1
12A :.
"Is it going to be worth ATS going forward for however many violations that's going to be for them? That's the Avo
number one question," Minch said. "They're not happy, I can tell you that, because this is getting in their
pocket."
In addition to restricting right -on -red citations, the new law also appears to prohibit vendors from getting paid
per citation, as is currently the case in Collier County.
"A manufacturer or vendor may not receive a fee or remuneration based upon the number of violations
detected through the use of a traffic infraction detector," the law says.
Which begs the question, how and how much will ATS get paid with a significantly reduced revenue stream due
to the elimination of most right -on -red citations? Could taxpayers be on the hook if revenues generated by
citations don't cover the cost for ATS to manage the program and maintain its cameras?
"Their program will be self- funded by violators," Hittner said of Collier County. "At the end of the day, it's a
safety program. We will work with the (county) to make sure they get everything they need out of the program."
Sunday. Mav 16, 2010 America Online: CLASSACTLIMO