Improper Delegation to Private Camera Vendor (Post-Jimenez)
Although the Florida Supreme Court in Jimenez v. State, 246 So. 3d 219 (Fla. 2018) upheld vendor-assisted red-light camera programs, the Court reaffirmed that the final discretionary decision to issue a citation must rest with a sworn law-enforcement officer (Traffic Infraction Enforcement Officer). Programs where the vendor exercises any discretion to filter, batch, or pre-screen events without TIEO review remain unconstitutional. This same logic applies to school-zone speed cameras under §316.0776.
Legal basis
Jimenez v. State, 246 So. 3d 219 (Fla. 2018); F.S. §316.0083; F.S. §316.0776
Sample appeal wording
TO: [HEARING OFFICER] RE: Citation # [#] (Camera-Issued) Under Jimenez v. State, 246 So. 3d 219 (Fla. 2018), only a sworn Traffic Infraction Enforcement Officer may exercise the discretion to issue a camera citation. Public-records production from [VENDOR] reveals the vendor [filtered/batched/auto-rejected/auto-approved] events before any TIEO review (Exhibit A). This impermissibly delegates law-enforcement discretion to a private contractor and exceeds the safe harbor recognized in Jimenez. Dismissal is requested. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Jimenez v. State, 246 So. 3d 219 (Fla. 2018)
- Florida Statute §316.0083
- Florida Statute §316.0776