Why a ruling in Broward County doesn’t signify the end of school safety in Florida

A Broward County Judge dismissed a red-light camera ticket in March, leading some to wonder about the future of speed enforcement technology.

But experienced lawyers confirm that the use of technology to enforce speed limits in school zones is legally sound at the statewide level and critical to the safety of students and families near schools and busy intersections.

“Broward County Judge Steven DeLuca’s dismissal of a photo-enforced traffic citation applies only to the specific case,” argues Edward G. Guedes, partner and Chair of appellate practice group for Weiss Serota Helfman Cole + Bierman with more than 38 years of experience. “It is not binding on other courts in Florida.”

Florida’s court structure is paramount. County court Judges, like other trial Judges, sit at the base of the judicial pyramid. Their rulings resolve individual disputes; they do not create binding legal precedent that other Judges across the state are required to follow.

DeLuca’s single ruling in one Broward County traffic citation case is not binding statewide, and there are no guarantees that other Judges will come to the same conclusion.

Lost in the debate is the reason Florida implemented this technology in the first place.

Nationally, Florida ranks second highest in the nation for pedestrian accidents. Speed is involved in half of all motor vehicle fatalities for the past two decades.

In 2023, the Legislature passed HB 657, enabling cities and counties to utilize speed detection systems to enforce the speed limit in school zones. Drivers traveling more than 11 mph over the limit receive a notice of violation and a fine of $100. The program is funded by violators, not the taxpayers.

“The Florida Legislature allows local governments to implement speed enforcement technology in their vulnerable school zones,” Guedes said. “This power to local governments has not changed since the ruling in Broward County. Those elected officials still have the right to decide if school zone speed enforcement technology should be implemented in their communities to protect children from potential catastrophe.”

Data prove that greater enforcement leads to better compliance, safer roads. In fact, 9 in 10 drivers who receive a notice of violation never receive a second infraction. The notice was enough to change their behavior.

“There simply aren’t enough police officers to enforce the speed limit, but speed detection technology effectively serves as a remarkable deterrent,” Guedes said.

Relying on technology to enforce speed limits not only keeps students safe at school but also frees up law enforcement resources to address other needs, such as emergency response, crime prevention and crime investigations.

“Dismantling a safety infrastructure based on a single, non-binding county court ruling would leave school zones vulnerable, deprive communities of a proven deterrent and risk lives in the wake of reduced enforcement,” according to Guedes.