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LTC 265-2018 Florida Supreme Court Ruling - Red Light Camera PhoMIAMIBEACH OFFICE OF THE CITY ATTORNEY LETTER TO COMMISSION LTC No. 265-2018 TO: Mayor Dan Gelber Members of the City Commission City Manager Jimmy L. Morales FROM: City Attorney Raul J. Ag"" DATE: May 14, 2018 SUBJECT: Florida Supreme Court Ruling - Red Light Camera Photo Enforcement The purpose of this Letter to Commission is to provide the Mayor and City Commission with background and information concerning the May 3, 2018 ruling of the Supreme Court of Florida (the "Florida Supreme Court"), in the case of Luis Torres Jimenez vs. State of Florida, et al., Case No. SC16-1976, (the Florida Supreme Court Opinion is attached herein), which expressly recognized the authority of a local government to contract with a private, third -party vendor to review and sort information captured by traffic infraction detectors ("red light cameras") in furtherance of a local government's red light camera photo enforcement program. By way of a brief background, the Florida Legislature enacted the Mark Wandall Traffic Safety Program (the "Wandall Act"), which is set forth in Section 316.0083 of the Florida Statutes, and became effective on July 1, 2010. The Wandall Act authorizes a county or municipality to utilize red light cameras, wherein the images captured by the red light cameras are reviewed by traffic enforcement officers ("local law enforcement officers") before issuance of a traffic violation for proceeding through an intersection that is illuminated by a steady red signal. The City's Red Light Camera Program has been operational since April 15, 2010, and has continued to utilize Conduent, Inc. ("City Vendor") as its third -party vendor, since the inception of the City's Program. The City's red light camera program most recently was challenged in both State and Federal Court, and these lawsuits sought to invalidate the legal authority of the City to enter into a contractual agreement that would allow a private, third -party vendor to screen photo images and make an initial determination of whether the recorded images should be forwarded to the City's Police Department for issuance of a violation for the traffic infraction. The statutory provisions of the Wandall Act do not prohibit a "review" of information received from red light cameras by a local government's authorized agent prior to issuance of a traffic citation by the local law enforcement officer. The litigation initiated by the Class Action Plaintiffs (both in State and Federal Court) has primarily revolved around the interpretation and meaning of the word "review" as used in the Wandall Act; thereby the lawsuits are seeking to invalidate these contractual agreements based upon the theory that the respective local governmental agencies unlawfully delegated their City's inherent police powers. Letter to Commission Re: Florida Supreme Court Ruling — Red Light Camera Photo Enforcement May 14, 2018 Page 2 of 2 Most recently the legal challenge (unlawful delegation of police power) to the City's authority to contract with the City Vendor was heard by the Court on February 23, 2017. The evidentiary hearing was conducted before Judge Steve Leifman, Associate Administrative Judge for the County Court Division of the 11th Judicial Circuit. Judge Leifman heard testimony from the City's witnesses (including witnesses from the City's vendor), and rendered his ruling on May 5, 2017, which established that the City's operation of its Red Light Camera Program, including the City's usage of its City Vendor, exceeded those requirements necessary for substantial compliance with the Jimenez case, which was approved by the Third District Court of Appeals. The Third District Court delineated the procedures and requirements that a local government must follow in order to legally contract with a third -party vendor for review and sorting of its red light camera images, which process must be consistent with those provisions set forth in the Wandall Act. A copy of Judge Leifman's May 5, 2017 Order is attached for ease of reference. Subsequently, the Jimenez case was heard by the Florida Supreme Court. The Florida Supreme Court issued its opinion on May 3, 2018, and held that a local government has the legal authority under the Wandall Act to contract with a private, third -party vendor to review and sort information from red light cameras, in accordance with written guidelines provided to the vendor by the local government. The Florida Supreme Court further held that a third -party vendor can review images from red light cameras for any purpose, except for making a probable cause determination for the issuance of a traffic citation, holding that such utilization of third - party vendors would not be an unlawful delegation of the government's inherent police powers. Therefore, consistent with Judge Leifman's Order and the Florida Supreme Court ruling, the City's Red Light Camera Program continues to be legally authorized, and consistent with those requirements set forth under Florida law. Should you have any questions or concerns about any of the foregoing, please don't hesitate to contact me. RJA/AB/sc IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA TRAFFIC DIVISION CASE NO.: A2JMXE JUDGE SIEVE LEIFMAN THE STATE OF FLORIDA, by and through the CITY OF MIAMI BEACH, Plaintiff, vs. RAMON E. CARRASCO, Defendant. ORDER FINDING THE CITY OF MIAMI BEACH'S RED LIGHT CAMERA PROGRAM IN COMPLIANCE WITH THE REOUIREMENTS OF JIMENEZ THIS CAUSE came on to be heard pursuant to this Court's Order entered on November 6, 2016, requiring all municipalities operating red light camera programs in Miami -Dade County to appear at a hearing to show the procedures used were, at a minimum, the same as approved by the Third District Court of Appeal. An evidentiary hearing was held on this case on February 23, 2017. The Court having considered the evidence presented, oral argument of counsel, all written closing arguments and memorandum filed, case law, and otherwise being fully advised in the premises, finds as follows: The limited purpose of the evidentiary hearing in this case was for the municipality to present evidence that the procedures used in operating its red light camera program are, at a minimum, substantially the same as those approved in State ex rel. City of Aventura v. Jimenez, So. 3d , 2016 WL 4016645 (Fla. 3d DCA July 27, 2016). In the Jimenez case below the defendant sought to dismiss the Uniform Traffic Citation (UTC) pursuant to City of Hollywood v. Aram, 154 So. 3d 359 (Fla. 4th DCA 2014). It was alleged that Aventura impermissibly delegated its police power to its vendor American Traffic Solutions (ATS) by allowing the pre - 1 screening of red light camera data before sending it to the police for review, that Aventura impermissibly allowed the issuance of the UTC when it delegated its printing and mailing to ATS, and Aventura delegated to ATS the task of transmitting the UTC to the Clerk in violation of §316.650(3)(c). In Jimenez, the Third District Court held "that the review of red light camera images authorized under §316.0083 allows a municipality's vendor, as its agent, to review and sort images to forward to a police officer where: (1) the vendor's decisions in this regard are strictly circumscribed by contract language, guidelines promulgated by the municipality, and actual practices, such that the vendor's decisions are essentially ministerial and non -discretionary; (2) these ministerial decisions are further limited by an overarching policy of automatically passing all close calls to the police for their review; (3) it is the police officer that makes the actual decision whether probable cause exists and whether a notice and citation should issue; and (4) the officer's decision that probable cause exists and a citation issues consists of a full, professional review by an identified officer who is responsible for that decision and does not merely acquiesce in any determination made by the vendor." Id at 3. The question of whether delegating the printing and mailing of the UTC to ATS constituted its issuance, the Jimenez court held that once the officer makes the discretionary decision that probable cause exists and authorizes the citation to issue, the printing and delivery is a clerical and ministerial task which may be delegated to the vendor. Id at 11. Similarly, the transmission of the UTC to the Clerk through ATS's computer server was also determined to be a delegable ministerial and clerical task. Id. In making these findings, the Third District relied upon the testimony presented at the evidentiary hearing over which this Court presided in Jimenez below. At that hearing extensive 2 evidence was presented by Aventura regarding ATS involvement in the red light camera program procedures. The testimony included the functioning of ATS's computer operating system, the training of their processors, how these processors conduct the initial review and sort the red light camera events in accordance with Aventura's Business Rules Questionnaire (BRQ). Additionally, there was evidence presented that ATS's computer system is totally automated to print and mail both the NOV and UTC after the police determine probable cause exists, and the UTC is electronically transmitted to the Clerk from ATS's server through the same totally automated computer system. Based upon the standards set forth in Jimenez, this Court determined the following procedures were required to be shown for a municipality's red light camera program to be in compliance to allow its previously stayed and currently issued UTC's to be set for trial. 1. A contract exists giving the police the sole and exclusive authority to decide whether a violation has occurred and the vendor does not have any authority in this regard. 2. The vendor's role in reviewing and sorting the red light camera images must be governed by specific standards set forth in a BRQ promulgated by the police. 3. Police officer's must log onto the vendor's server with a unique user identification and password that is connected to that officer's name and badge number. 4. Police officer's review of red light camera images must be an independent determination based on the officer's professional judgment that probable cause exists that a violation has occurred. 5. When a police officer pushes a button which "accepts" the image the officer is giving authorization to place his/her electronic signature and badge number on the resulting NOV and UTC. 6. The printing and mailing of the NOV and UTC must be accomplished via a totally automated computer program. 7. The UTC data must be electronically transmitted to the Clerk from the vendor's server via a totally automated computer program. The City of Miami Beach (Miami Beach) uses Conduent, Inc. (formerly Xerox State & Local Solutions, Inc., formerly ACS State & Local Solutions, Inc.) as its vendor, to provide red light camera's and computer based services to support its program under §316.0083. At the evidentiary hearing held on February 23, 2017, evidence was presented that the vendor's 3 processors are trained to review and sort the camera images using Miami Beach's Business Rules in a substantially similar manner as that used by ATS in the Jimenez case. The vendor's computer operating system preforms the functions of printing and mailing the NOV and UTC via a totally automated system after a police officer finds probable cause and authorizes their issuance. A second review is done by the police prior to the issuance of the UTC which is then automatically sent to the Clerk via the computer system. This Court finds, based upon all of the evidence presented at the February 23, 2017 hearing Miami Beach has demonstrated the operation of its red light camera program exceeds the requirements needed to be in substantial compliance with Jimenez. WHEREFORE, it is ORDERED AND ADJUDGED that the Clerk shall begin setting for trial all red light camera citations currently issued by Miami Beach and those previously stayed by this Court's order. 4-1 DONE AND ORDERED at Miami, Miami -Dade County, Florida this day of May, 2017. Copies furnished to: Attorneys for City of Miami Beach Aleksandr Boksner (aleksandrboksner@miamibeachfl.aov) Attorneys for Defendant Ted L. Hollander, tedhollnader a,theticketclinic.com Daniel Gonzalez, DanielGonzalez@theticketclinic.com Louis Arslanian, arsgabriela a,comcass.net 4 STEVE LE County Court Judge JUDGE STEVEN LE!FMAN COUNTY COURT JUDGE Filing # 71619161 E -Filed 05/03/2018 11:00:18 AM upreme court otI[oriba No. SC 16-1976 LUIS TORRES JIMENEZ, Petitioner, vs. STATE OF FLORIDA, etc., et al., Respondents. [May 3, 2018] PARIENTE, J. Luis Torres Jimenez received a traffic citation, based on images from a red light camera that showed him turning right while the traffic signal was red at an intersection marked no -turn -on -red. Jimenez does not dispute that he did, in fact, commit a traffic infraction. Instead, Jimenez challenges the legality of the City of Aventura's red light camera enforcement program, which includes the use of a third -party agent to review images from the City's red light cameras before sending them to City police to determine whether a traffic citation should be issued. The issue before the Court involves the interpretation of the Mark Wandall Traffic Safety Program, which grants local governments' traffic enforcement officers the power to issue citations for traffic infractions captured by red light cameras. See ch. 2010-80, § 5, Laws of Fla.; § 316.0083(1)(a), Fla. Stat. (2014). In addition to this grant of authority, section 316.0083(1)(a) "does not prohibit a review of information" from red light cameras by a local government's authorized agent before issuance of the traffic citation by a trained traffic enforcement officer. § 316.0083(1)(a), Fla. Stat. (2014) (emphasis added). In this case, this Court is asked to determine the meaning of the word "review," as used in section 316.0083(1)(a). The Third District Court of Appeal held that the City did not violate the statute because the City provided its authorized agent with written guidelines to aid its review of the red light camera images, and the decision whether to issue a traffic citation based on the images was made by the City's traffic enforcement officer. State ex rel. City ofAventura v. Jimenez, 211 So. 3d 158, 160 (Fla. 3d DCA 2016). The Third District also certified a question of great public importance, which, for purposes of clarity, we rephrase as follows: 1 1. The question that was certified by the Third District asks: Does the review of red light camera images authorized by section 316.0083(1)(a), Florida Statutes (2014), allow a municipality's vendor, as its agent, to sort images to forward to the law enforcement -2- Does a local government have the authority under section 316.0083(1)(a), Florida Statutes (2014), to contract with a private third -party vendor to review and sort information from red light cameras, in accordance with written guidelines provided by the local government, before sending that information to a trained traffic enforcement officer who determines whether probable cause exists and a citation should be issued? Id. at 171. We have jurisdiction. See art. V, § 3(b)(4), Fla Const. For the reasons that follow, we answer the rephrased certified question in the affirmative. We therefore approve the Third District's decision.2 officer, where the controlling contract and City guidelines limit the Vendor to deciding whether the images contain certain easy -to - identify characteristics and where only the law enforcement officer makes the determinations whether probable cause exists and whether to issue a notice of violation and citation? Jimenez, 211 So. 3d at 171. 2. The Third District also ruled upon two other questions, which it certified to be of great public importance: Is it an illegal delegation of police power for the vendor to print and mail the notices and citation, through a totally automated process without human involvement, after the law enforcement officer makes the determinations that probable cause exists and to issue a notice of violation and citation? Does the fact that the citation data is electronically transmitted to the Clerk of the Court from the vendor's server via a totally automated process without human involvement violate section 316.650(3)(c), Florida Statutes (2014), when it is the law enforcement officer who affirmatively authorizes the transmission process? 3 FACTUAL BACKGROUND The City's Red Light Camera Program The City entered into a contract with American Traffic Solutions, Inc. ("the Vendor") to service the City's red light camera enforcement program. Jimenez, 211 So. 3d at 159. The contract states in pertinent part: Vendor shall act as City's agent for the limited purpose of making an initial determination of whether the recorded images should be forwarded to an Authorized Employee to determine whether an infraction has occurred and shall not forward for processing those recorded images that clearly fail to establish the occurrence of an infraction. Id. at 162 (emphasis omitted). The Third District explained the Vendor's responsibilities under the contract: Under the contract and its various amendments, the Vendor sorts the information and images generated by the system into two databases: a "working" database that the City police review to decide whether to issue a citation and a "non -working" database that the City police do not review for that purpose. Each image placed in the non- working database is reported, and the reason for placing the image in the non -working database is explained by the Vendor on a report screen. The report screen is periodically reviewed by the sergeant in charge of the City's review. The non -working database remains available and is occasionally accessed by the police for other investigations. Each month, approximately 5,000 images are sorted into the working database and 3,000 are sorted into the non -working database. The police sergeant who oversees the City's review testified that the Id. at 171-72. We decline to address these questions and approve in full the Third District's analysis of these issues. 4 City would be overwhelmed if it was required to review all images generated by the system. To sort images, the Vendor conducts a review that includes (1) confirming workable images exist (and the camera did not simply misfire); (2) examining the images to verify the license plate of the subject vehicle is legible; (3) using the license plate number in an automated process to obtain the identifying information of the registered owner from the Florida Department of Motor Vehicles; (4) confirming the capture of date, time -of -day, speed, and timing -of -light data; (5) checking the "A" shot, which is a still photograph showing the vehicle approaching the intersection; (6) checking the "B" shot, which shows the vehicle in the intersection; and (7) checking the twelve -second video clip that shows the vehicle approaching and traveling through the intersection. The Vendor can pause the video and view it frame by frame. A representative of the Vendor testified that the Vendor's task when reviewing images was to filter out images that were "useless." A clear example, she explained, is where a camera simply misfired and failed to record an image. Other examples are where the light displays green or where images fail to capture a vehicle's license plate number. These images were useless, she testified, because "the police cannot do anything with them." But other images are determined to be useless based on the specific and detailed contract language and City guidelines. Id. at 161. To aid the Vendor in the sorting process, the City provided the Vendor with a set of guidelines, known as the "Business Rules Questionnaire." Id. at 162. The Third District explained: The guidelines govern the Vendor's task of checking the "A" and "B" shots and the video clip. The guidelines were created by a process in which the Vendor identified scenarios or decision points and suggested alternative solutions to the City. For the most part, the City selected one of the alternative solutions suggested by the Vendor, but in several instances, the City created its own solutions. -5 For example, guideline 4.1 concerns the line of demarcation, which means the boundary of the intersection. This is the line used to evaluate the "A" shot, which is the photograph that shows the vehicle approaching the intersection. In reviewing this guideline, one must keep in mind that if the front tires of a vehicle crossed the boundary and entered the intersection when the light is still displaying green, the vehicle obviously is not running a red light. Conversely, if the front tires had not yet reached this line when the light displays red, the vehicle would appear to be running a red light (assuming the vehicle does not immediately stop within the edge of the intersection and wait for a green light). All of the City intersections containing red light cameras have painted stop lines. The Vendor provided four alternative suggestions for the line of demarcation: (1) the stop line; (2) the prolongation of the curb; (3) the crosswalk; and (4) whichever line the tires will hit first. The City adopted the first suggestion: the line of demarcation is the painted stop line. A similar process was followed for the other guidelines. Id. at 162-63. As to the role of traffic enforcement officers in the City's red light camera program, the Third District explained: The police officers assigned to red light camera enforcement access the working database by logging into the server using their own unique user identification and password. The officers decide to issue a citation based on the images in the same manner they decide to issue a roadside citation. If, after reviewing the photographs, video, and other information, the officer decides to issue a citation, the officer clicks the "accept" button on the screen. By doing so, the officer authorizes his or her electronic signature and badge number to appear on the notice and citation. The officer's review and determination in this regard is far from a mere rubber stamp. As the trial court expressly found, "[o]f the images reviewed by the City's police officers, only between sixty-five percent (65%) and seventy percent (70%) are approved as a violation." 6 Id. at 163 (alteration in original); see § 316.640(1)(b)3., Fla. Stat. (2014) (empowering local police departments to "designate employees as traffic infraction enforcement officers"). Jimenez's Citation Jimenez received a traffic citation charging him with "running a red light by turning right at an intersection marked no -turn -on -red." Jimenez, 211 So. 3d at 159. Probable cause for the citation was based on photographs and video from the City's red light camera program. Id. Officer Jeanette Castro, "a thirteen -year veteran of the City Police Department who has issued thousands of traffic citations roadside, and hundreds as part of the red light camera program," issued Jimenez's citation. Id. at 163. She testified that her decision to issue Jimenez's citation "was based on the same factors and criteria she uses when she issues a citation for a similar roadside violation." Id. at 164. Jimenez moved to dismiss his citation in county court, arguing that the City's red light camera program is illegal because it gives the Vendor unfettered discretion (1) "that exceeded the City's statutory authority to use an agent" to review images from red light cameras; (2) "in printing and mailing notices and citations in violation" of Florida Statutes; and (3) in sending an electronic copy of the citation to the Clerk of Courts in violation of Florida Statutes. Id. at 159-60. 7 Following an evidentiary hearing, the county court dismissed Jimenez's citation. Id. at 159, 164. While the county court agreed with the City that there was no violation in the Vendor printing and mailing notices and citations or sending an electronic copy of the citation to the Clerk of Court, it concluded that it was "bound by" City of Hollywood v. Arem, 154 So. 3d 359 (Fla. 4th DCA 2012), in which the Fourth District Court of Appeal affirmed the trial court's dismissal of a traffic citation, holding that the City of Hollywood's red light camera enforcement program amounted to an unlawful delegation of the City's police power under section 316.0083(1)(a). Id. at 361. Although the county court dismissed Jimenez's citation, in a very well -reasoned and detailed order, it certified the same three questions to the Third District that the Third District has now certified to this Court regarding the City's authority to contract with a third party to review images captured by red light cameras.' The Third District's Decision Jimenez argued in the Third District that the City's guidelines gave the Vendor "unfettered discretion to place items into the non -working database where 3. Florida Rule of Appellate Procedure 9.030(b)(4) recognizes that district courts of appeal have discretionary jurisdiction to review "final orders of the county court ... that the county court has certified to be of great public importance." The questions certified by the county court vary slightly in wording but are substantively the same as those certified by the Third District to this Court. See Jimenez, 211 So. 3d at 164, 171-72. -8 they are never reviewed by the police for purposes of issuing citations." Jimenez, 211 So. 3d at 165. The Third District rejected that argument, explaining that "the type of evaluation exercised in the Vendor's decisions is clerical and ministerial." Id. at 166. Additionally, the Third District noted that the Vendor was instructed that "if there is any doubt" as to whether an image should be placed in the working queue, it should "send [the image] to the police for review." Id. Similarly, if an image presented a situation that was not addressed in the guidelines, the Vendor was instructed to "always put [it] in the working database for police review." Id. at 168. Lastly, the City does not issue any citation "unless and until an individual officer of the City weighs the evidence in the images and determines in his or her professional judgment that probable cause exists," and "[t]he officers make these decisions in the same manner they decide to issue a roadside citation." Id. The Third District thus concluded that there was no unconstitutional delegation of authority and reversed the dismissal of the citation. ANALYSIS The issue before the Court involves the meaning of the word "review" as used in section 316.0083(1)(a), Florida Statutes (2014). Because resolving this question requires us to construe the relevant statutory provisions, our review is de novo. See Borden v. East -European Ins. Co., 921 So. 2d 587, 591 (Fla. 2006). 9 Our analysis begins with chapter 316, Florida Statutes, which codifies the "Florida Uniform Traffic Control Law." § 316.001, Fla. Stat. (2014). We then turn to the Mark Wandall Traffic Safety Act, which authorizes traffic enforcement officers to issue traffic citations based on images from red light cameras. Ch. 2010-80, § 5, Laws of Fla.; § 316.0083(1)(a), Fla. Stat. (2014). After setting forth the relevant statutory provisions, we discuss two additional district court decisions that have addressed the legality of red light camera enforcement programs. Finally, with the legal background set, we answer the rephrased certified question in this case. I. The Florida Uniform Traffic Control Law Chapter 316, Florida Statutes, codifies the "Florida Uniform Traffic Control Law." § 316.001, Fla. Stat. (2014). The Legislature's intent in creating the chapter was "to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." Id. § 316.002. Section 316.002 makes it unlawful "for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of" chapter 316. Id. Striking a similar tone, section 316.007 states that the provisions of chapter 316 "shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly - 10- authorized." Id. § 316.007. This Court has stated that "[c]hapter 316 could not be clearer in providing that local ordinances on 'a matter covered by' the chapter are preempted unless an ordinance is `expressly authorized' by the statute." Masone v. City of Aventura, 147 So. 3d 492, 496-97 (Fla. 2014) (quoting § 316.007, Fla. Stat. (2008)). The Mark Wandall Traffic Safety Act In 2010, the Legislature enacted the Mark Wandall Traffic Safety Act ("the Wandall Act"), which authorizes local governments "to use traffic infraction detectors under certain circumstances." Ch. 2010-80, Laws of Fla.; see id. § 13. A "traffic infraction detector" is defined as: A vehicle sensor installed to work in conjunction with a traffic control signal and a camera or cameras synchronized to automatically record two or more sequenced photographic or electronic images or streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly marked stop line when facing a traffic control signal steady red light. § 316.003(87), Fla. Stat. (2014). In layman's terms, a traffic infraction detector is a red light camera. See id. Section 316.0076, Florida Statutes (2014), expressly preempts the "[r]egulation of the use of cameras for enforcing the provisions of" chapter 316 "to the state." Express preemption notwithstanding, section 316.008, Florida Statutes (2014), states that "[t]he provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and - 11 - within the reasonable exercise of the police power" from using red light cameras. Id. § 316.008(1); accord id. (8). Section 316.0083(1)(a) expressly authorizes a traffic infraction enforcement officer to issue a traffic citation for a violation of certain red light traffic infractions. Id. § 316.0083(1)(a). Section 316.0083(1)(a) also states: This paragraph does not prohibit a review of information from a traffic infraction detector by an authorized employee or agent of the department, a county, or a municipality before issuance of the traffic citation by the traffic infraction enforcement officer. Id. (emphasis added). Having set forth the relevant statutory provisions, we now turn to address two other district court decisions that examined the legality of red light camera enforcement programs. II. Related District Court of Appeal Decisions In dismissing Jimenez's citation, the county court relied on City of Hollywood v. Arem, in which the Fourth District held that the City of Hollywood was "not authorized to delegate police power by entering into a contract that allows a private vendor to screen data and decide whether a violation has occurred before sending that data to a traffic infraction enforcement officer ... to use as the basis for authorizing a citation." 154 So. 3d at 361. The Fourth District further concluded in Arem that the City of Hollywood "lack[ed] the lawful authority to outsource to a third -party vendor the ability to make the initial review of the - 12- computer images of purported violations and then use its unfettered discretion to decide which images are sent to the [traffic enforcement officer], and which ones are not." Id. at 365. Addressing the same issue in City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016), the Second District Court of Appeal agreed with the Third District in Jimenez that, because the traffic enforcement officer "makes the determination about whether probable cause for a violation exists and whether to issue a notice of violation, no unauthorized delegation of police power has occurred." Id. at 207. The Second District certified conflict with Arem, explaining that it "simply disagree[d] with th[e] conclusion in Arem" that a review of images by the City's authorized agent in accordance with certain guidelines provided by the City was not an authorized delegation of police power. Id. at 205.4 We now turn to the rephrased certified question presented in this case. III. The Rephrased Certified Question Jimenez argued to the county court and the Third District that the City's red light camera enforcement program amounted to an unlawful delegation of police 4. This Court initially accepted jurisdiction in Trinh based on certified conflict with the Fourth District's decision in Arem. However, upon the City of Oldmar's suggestion of mootness, this Court dismissed the case after Trinh was acquitted of her red light camera citation on grounds unrelated to the legality of red light cameras. - 13 - powers by giving the Vendor "unfettered discretion that exceeded the City's statutory authority to use an agent to `review' images" under section 316.0083(1)(a). Jimenez, 211 So. 3d at 159-60. In this Court, Jimenez does not pursue his unlawful delegation argument and argues instead that the City's red light camera enforcement program (A) unlawfully exceeds the authority conferred upon the City by the Legislature because "review" under section 316.0083(1)(a) is limited to determining whether images from red light cameras are "complete and usable"; and (B) is unconstitutional because it violates the uniformity principle set forth in chapter 316. We address each argument in turn. A. Whether the City Exceeded its Statutory Authority in Contracting with the Vendor to Review the Red Light Camera Images Jimenez argues that the City's red light camera program exceeds the authority granted by the Legislature with respect to the meaning of the word "review" as used in section 316.0083(1)(a). Specifically, Jimenez asserts that the word "review" as used in section 316.0083(1)(a) is limited to ensuring that the images from the red light camera are complete and usable, as opposed to the review conducted by the Vendor in this case, which, according to Jimenez, involves making a preliminary determination as to whether a traffic infraction has occurred. While Jimenez argues in favor of a narrow construction of the word "review," the City and the State maintain that the delegation of authority authorized by the Legislature in using the term "review" is broader and includes an - 14- evaluation of not only whether the images are complete and usable, but whether they meet certain guidelines, as provided by the City. "In matters of statutory construction, we have repeatedly recognized that legislative intent is the polestar that guides the Court." Sch. Bd. of Palm Beach Cty. v. Survivors Charter Schs., Inc., 3 So. 3d 1220, 1232 (Fla. 2009). "The plain meaning of the statute is always the starting point in statutory interpretation." GTC, Inc. v. Edgar, 967 So. 2d 781, 785 (Fla. 2007). "[I]f the meaning of the statute is clear then this Court's task goes no further than applying the plain language of the statute." Id. "However, if the language is unclear or ambiguous, then the Court applies rules of statutory construction to discern legislative intent." Polite v. State, 973 So. 2d 1107, 1111 (Fla. 2007). "In addition, examining the history of the legislation is a helpful tool in determining legislative intent." Raymond James Fin. Servs., Inc. v. Phillips, 126 So. 3d 186, 192 (Fla. 2013). The Legislature did not define, or otherwise elaborate upon, the word "review" in section 316.0083(1)(a). Although at times we turn to dictionary definitions to ascertain the plain meaning of a statutory term, see License Acquisitions, LLC v. Debary Real Estate Holdings, LLC, 155 So. 3d 1137, 1144 (Fla. 2014), because "review" can mean something as broad as examining critically, or as narrow as viewing, the plain meaning of the word is not clear. See Merriam -Webster's Collegiate Dictionary 1067 (11th ed. 2005) (providing many - 15- definitions of "review," including "to view or see again," "to examine or study again," or "to go over or examine critically or deliberately"). Accordingly, "this Court should look to the [other] rules of statutory construction to help interpret legislative intent, which may include the examination of a statute's legislative history and the purpose behind its enactment." Edwards v. Thomas, 229 So. 3d 277, 283 (Fla. 2017) (quoting W. Fla. Reg'l Med. Ctr. v. See, 79 So. 3d 1, 9 (Fla. 2012)). Courts "cannot read a statutory subsection in isolation, `but must read it within the context of the entire section in order to ascertain legislative intent for the provision.' " Larimore v. State, 2 So. 3d 101, 114 (Fla. 2008) (quoting Fla. Dep't of Envtl. Protection v. ContractPoint Fla. Parks, LLC, 986 So. 2d 1260, 1265 (Fla. 2008)). Section 316.0083(1)(a), in its entirety, provides: For purposes of administering this section, the department, a county, or a municipality may authorize a traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible. A notice of violation and a traffic citation may not be issued under this section if the driver of the vehicle came to a complete stop after crossing the stop line and before turning right if permissible at a red light, but failed to stop before crossing over the stop line or other point at which a stop is required. This paragraph does not prohibit a review of information from a traffic infraction detector by an authorized employee or agent of the department, a county, or a municipality before issuance of the traffic citation by the traffic infraction enforcement officer. This paragraph does not prohibit the - 16- department, a county, or a municipality from issuing notification as provided in paragraph (b) to the registered owner of the motor vehicle involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. § 316.0083(1)(a), Fla. Stat. (2014). Under the statute, the review contemplated is "of information from a traffic infraction detector," id., which, as section 316.003(87) makes clear, consists of "photographic or electronic images or streaming video." Id. § 316.003(87). Reading the provision in its entirety, we conclude that section 316.0083(1)(a) allows a local government's authorized agent to review images from red light cameras for any purpose short of making the probable cause determination to issue a traffic citation. By including two specific examples of what is not a traffic infraction immediately before stating that an authorized agent can review the information captured by red light cameras, which includes photographs and video, it is clear the Legislature contemplated that the agent would conduct an initial review of those photographs or video or both, before a traffic enforcement officer determines whether probable cause exists to issue a traffic citation. There is simply no indication that the Legislature intended the narrow definition of the word "review" advanced by Jimenez. Jimenez makes two separate statutory arguments in support of his interpretation of the word "review," both of which we reject. First, Jimenez refers to an earlier version of the bill proposed during the bill drafting process in which a - 17- traffic citation could have been issued based on "a signed statement by a specifically trained technician employed by the agency or its contractor that, based on inspection of photographs or other recorded images," the driver of the vehicle committed a traffic infraction. Fla. HB No. 325, § 3 (filed Nov. 6, 2009) (proposed § 316.0083(1)(d)). Even if we were to consider an earlier version of the bill proposed during the bill drafting process, we conclude that it would not help Jimenez because the enacted version retained the use of authorized agents but did not allow those agents to determine whether a citation should be issued. In other words, although the Legislature authorized local governments to delegate initial review responsibilities to an agent, the Legislature clearly intended that the ultimate authority to issue a citation would remain with a trained traffic enforcement officer. Thus, this argument does not support Jimenez's narrow interpretation of the word "review" in section 316.0083(1)(a). Second, Jimenez notes that a single sentence in a legislative staff analysis of the Wandall Act references the existing statutory scheme for the enforcement of toll violations, which includes the use of cameras. See Fla. H.R. Policy Comm. on Roads, Bridges & Ports, HB 325 (2010) Staff Analysis 3 (Jan. 8, 2010) ("Cameras are permitted by current Florida law to enforce violations of payment of tolls.") (citing § 316.1001(2)(d), Fla. Stat. (2009)). The toll violation statutory scheme authorized "a toll enforcement officer to issue" citations for toll violations and - 18- allowed toll operators to employ "independent contractors or designate employees as toll enforcement officers." § 316.1001(2)(a), Fla. Stat. (2009); id. § 316.640(1)(b)2.b. From that brief reference, Jimenez continues on his journey of statutory construction by pointing to a Florida Administrative Code rule that limited the toll enforcement officers or their designees to "review[ing] captured photographic images ... to ensure accuracy and data integrity." Fla. Admin Code R. 14-100.002(3). Jimenez asserts that this administrative rule's definition of the word "review," which is limited to ensuring accuracy, supports his interpretation of the word "review" in section 316.0083(1)(a). We disagree. The reference to the toll violation statute in the staff analysis for the Wandall Act was one line in a comprehensive eleven -page analysis, which simply states that cameras are currently used to enforce tollbooth violations; the toll violation statutory scheme was not otherwise mentioned in the staff analysis. Further, the word "review" does not appear in the toll enforcement statute. Lastly, the administrative rule Jimenez cites does not even pertain to the statute at issue in this case. We thus conclude that this argument does not support Jimenez's narrow interpretation of the word "review" in section 316.0083(1)(a). Ultimately, Jimenez cannot escape the fact that the term "review," as used in section 316.0083(1)(a), indicates some evaluative component, and there is no indication that the Legislature intended the most restrictive version of the term in - 19 - the context of this statute. We therefore hold that section 316.0083(1)(a) authorizes a local government to contract with a private third -party vendor to review and sort information from red light cameras, in accordance with written guidelines provided by the local government, before sending that information to a trained traffic enforcement officer who determines whether probable cause exists and a citation should be issued. In this case, the City provided the Vendor with written guidelines to use when reviewing and sorting the images before sending to a trained traffic enforcement officer who determines whether probable cause exists and a citation should be issued. Thus, the City's red light camera enforcement program does not exceed the authority granted in section 316.0083(1)(a). We now turn to address Jimenez's argument regarding uniformity.' B. Uniformity Jimenez also argues that the City's adoption and use of its own set of standards, or guidelines, for determining whether a traffic infraction has occurred violates the uniformity principle set forth in chapter 316. See § 316.002, .007, Fla. Stat. (2014). Essentially, Jimenez complains that the City's red light camera 5. Jimenez also argues that the City's red light camera enforcement program is invalid because it is preempted by state law. We need not address this argument because it is dependent upon our agreement with Jimenez regarding the meaning of "review" in section 316.0083(1)(a). - 20 - enforcement program may be underinclusive because there is a possibility that other motorists may have committed a red light camera violation but did not receive a citation because, based on the City's guidelines, the images were sorted into the non -working queue. The City explained that it often makes decisions regarding the enforcement of traffic infractions, including where to place red light cameras, as they are not placed at every intersection. Likewise, even without the use of red light cameras, traffic enforcement officers cannot be present at every intersection. As a result, there will inevitably be traffic infractions that go undetected and uncited. Importantly, Jimenez makes no suggestion of discriminatory enforcement. Rather, he seems to assert that it would be fairer if the Vendor sent all usable images to the City for review. We -disagree. This is no different than a traffic enforcement officer on the road stopping and citing one individual for exceeding the speed limit, while not citing others doing the same. Indeed, as Judge Wells cogently stated in her special concurrence in Jimenez: The record in this case establishes that at most the servicing agent has been accorded only the ministerial authority to screen and cull those images which, pursuant to a rigid set of guidelines, clearly show no possible violation of the traffic laws; it is the traffic infraction officer alone who determines from the population of possible violators, those who will be subject to prosecution. This, in my opinion, is neither a violation of the law nor a matter about which those cited for a violation have authority to complain. Put another way, the real issue here is that some individuals who may have violated traffic regulations may be screened out of the process because -21 - the images of their vehicles were not sent to a traffic infraction enforcement officer to determine if a violation has occurred. This argument is no different than that made by an individual issued a speeding ticket who complains that other speeders also were not ticketed. In short, the fact that [the Vendor] determines certain images will not be forwarded—i.e., that some drivers will not be ticketed—because images taken of their vehicles show that they have not exceeded set guidelines, does not amount to determining whether those drivers who potentially exceed those guidelines have violated the law. That determination, as the record before us confirms, is left solely to traffic infraction enforcement officers. 211 So. 3d at 173-74 (Wells J., specially concurring). Based on the foregoing, we conclude that Jimenez's arguments that the City's red light camera enforcement program (A) unlawfully exceeds the grant of authority in section 316.0083(1)(a), and (B) violates the uniformity principle set forth in chapter 316, are without merit. CONCLUSION The Legislature has expressly authorized local governments to allow traffic enforcement officers to issue citations for traffic infractions captured by red light cameras. As part of this express authorization, the Legislature has permitted a local government's agent to review information from red light cameras for any purpose short of making the probable cause determination as to whether a traffic infraction was committed. We thus hold that section 316.0083(1)(a) authorizes a local government to contract with a private third -party vendor to review and sort information from red light cameras, in accordance with written guidelines provided - 22 - by the local government, before sending that information to a trained traffic enforcement officer, who determines whether probable cause exists and a citation should be issued. Accordingly, we answer the rephrased certified question in the affirmative and approve the decision of the Third District in Jimenez. We also approve the decision of the Second District in Trinh and disapprove the decision of the Fourth District in Arem to the extent it is inconsistent with this opinion. It is so ordered. LABARGA, C.J., and QUINCE, J., concur. LEWIS, J., concurs in result. CANADY, J., concurs specially with an opinion, in which POLSTON and LAWSON, JJ., concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. CANADY, J., specially concurring. I agree that the Third District's decision in State ex rel. City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. 3d DCA 2016), and the Second District's decision in City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016), should be approved, and that the Fourth District's decision in City of Hollywood v. Arem, 154 So. 3d 359 (Fla. 4th DCA 2014), should be disapproved. I join in the majority's rejection of Jimenez's argument that is based on the uniformity requirement of section 316.007, Florida Statutes (2014). - 23 - I also agree that Jimenez's argument regarding the meaning of "review" in section 316.0083(1)(a), Florida Statutes (2014), is unavailing. Nothing in the text or context suggests that a narrow reading should be imposed on "review." The statute in no way precludes a local government from contracting with a third -party vendor to provide assistance in screening images from red light cameras in any way the local government sees fit other than authorizing the vendor to issue citations. On this point, the critical issue is not the details of the relationship between the local government and the vendor. Rather, the dispositive point is that the local government conforms to the requirement that only law enforcement officers and traffic infraction enforcement officers—rather than employees of a vendor—may issue traffic citations. POLSTON and LAWSON, JJ., concur. Application for Review of the Decision of the District Court of Appeal – Certified Great Public Importance Third District - Case Nos. 3D15-2271 and 3D15-2303 (Dade County) Marc A. Wites of Wites & Kapetan, P.A., Lighthouse Point, Florida; Stephen F. Rosenthal and Ramon A. Rasco of Podhurst Orseck, P.A., Miami, Florida; and Louis C. Arslanian of Gold & Associates, P.A., Hollywood, Florida, for Petitioner Edward G. Guedes and Samuel I. Zeskind of Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, Florida; and Pamela Jo Bondi, Attorney General, Amit Agarwal, Solicitor General, Rachel Nordby, Deputy Solicitor General, - 24 - Tallahassee, Florida, and Robert Dietz, Senior Assistant Attorney General, Tampa, Florida, for Respondent E. Bruce Johnson and Christopher J. Stearns of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Fort Lauderdale, Florida; and Kraig A. Conn and David Cruz of Florida League of Cities, Inc., Tallahassee, Florida, Amici Curiae Florida League of Cities, Inc., Village of Bal Harbor, City of Cocoa Beach, Town of Cutler Bay, City of Doral, Village of Key Biscayne, City of Miami Gardens, Village of Palm Springs, City of Sunrise, City of West Park, Town of Campbellton, City of Clermont, City of Coral Springs, Village of El Portal, City of Green Cove Springs, City of Hialeah Gardens, City of Holly Hill, Town of Juno Beach, City of Lauderdale Lakes, City of Miami Springs, City of Milton, North Bay Village, City of Oldsmar, City of Opa-locka, Town of Orange Park, City of Palatka, City of Palm Coast, City of Surfside, City of Sweetwater, City of Tamarac, City of West Miami, and City of Pembroke Pines ("Local Governments") - 25 -