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Backup Documents 05/25/2010 Item #12AO c D m r 3 =a m v O 2 m m w 3 z c -i m N O O c 70 0 3 3 m z N z v D m O D v v m CA CO) z r = z O M 0 r co r- 0 r c m D S2 m Z 000 c c < m 0 0 U M D r_ 0 0 D z m m 0 m 00z 0 D O cn D O 0 0 N D m > u M G) C: m M 10 -n D D O 0 D O O r ;U T r 0 om = zmG C-) U) z O = cn -� D � r F r m O m m O Cccam z M G) O 9 D W '�- z o � G) � > U = z D m O C7 m -< D m < y O n y r x G Z m :q a O m D m 'n D m v m N m z z G) '0 O z m -i x 3 m A 0 m 0 O 3 r m v O X O z -i x m a 00 r m a v v m cn O r m O m x m v_ CA z x m 00 O a v O O 3 O O -I x m W c a) m 0 1 w M z 4i x m a X v r m CA m z q 0 m a M �i O m z v a m r m �i G) m z v a m 3 c m O c m r 3 m v O x m m W 3 z C m CA O 0 c X n O 3 3 m Z CA D z v D m —I O D v v m CA 0 x m i = Z O M (7 r W r p c o m D ;a Z �G'o c c < mZ o O D r_ O D M Z M M 0 m ° 0 0 - 0 0 M � N p m A > (1)m G) p M m -n OD D O D O O r �o -nr O m p D- C 03 nU) Z O = cn -{ K D r w � r m m O ;a Z T co M y) m z m G D cf W ' 2 1 oxG) C/) z z y m O mina) D m �7 Z DOCDi F z < Z m :i 0 O m D c - D r� m T m N m z -i z G) T d O z m W W� x m 3 m 6- v v m CO) N 0 All O� Q n 0 M a n m n O 3 T r I m v O 3 O z x m D W r m r r m m O n x m v_ N Z -i x m W O D v 0 O 3 O O x m N c m m n 00 m z G) x D v 0 m z v n m 3 r m T° r Z n m D �i O m z v a m 3 C 3 O m Vv 12A . rLSr2oi0 gg� A ;Z V i f 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 • Share • Print • A • A • A 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 A 4 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 � 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 fl, il W`— 24. A 2S, Z�tG 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 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A Nluu� T5, Ulu 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