On March 3, 2026, Judge Steven P. DeLuca of Broward County granted a motion to dismiss in State of Florida v. Kayla Erin McFadden (Case No. 25135882TI20A), holding that Florida Statute § 316.0083 is unconstitutional as applied. The Court found that the statute violates procedural due process under both the Fourteenth Amendment of the United States Constitution and Article I, Section 9 of the Florida Constitution because it shifts the burden of proof from the State to the accused vehicle owner in quasi-criminal proceedings.
The 21-page order represents a landmark victory for due process and a direct challenge to the constitutionality of automated traffic enforcement across the State of Florida.
The Ruling
In a thorough and carefully reasoned opinion, Judge DeLuca identified several critical constitutional deficiencies in Florida's red-light camera enforcement scheme:
- Traffic infractions under § 316.0083 are quasi-criminal, not merely civil. They carry punitive sanctions including fines of $158 or more, driver's license suspension, and a permanent notation on the driver's record.
- The statute creates a mandatory rebuttable presumption of guilt based solely on vehicle ownership, unconstitutionally shifting the burden of proof from the State to the defendant.
- This violates the Due Process Clauses of the Fourteenth Amendment (U.S. Constitution) and Article I, § 9 (Florida Constitution), which require the State to prove guilt beyond a reasonable doubt in proceedings carrying punitive consequences.
- The Court relied on controlling authority including Sandstrom v. Montana, Francis v. Franklin, and Hicks on Behalf of Feiock v. Feiock, as well as persuasive authority from Tupper v. City of St. Louis (Mo. 2015) and State v. Kuhlman (Minn. 2007).
What This Means
The practical implications of this ruling are far-reaching:
The statute “inverts the fundamental presumption of innocence.”
— Judge Steven P. DeLuca, Broward County Court
- Red-light camera fines of $158 or more are imposed on vehicle owners who may never have been behind the wheel at the time of the alleged violation.
- The point system designed to identify dangerous drivers is entirely abandoned under this automated scheme — undermining its stated safety purpose.
- This ruling supports constitutional challenges to every red-light camera citation issued under § 316.0083, potentially affecting millions of tickets and over $1.2 billion in fines collected since 2010.
Download the Decision
Order Granting Motion to Dismiss
Case No. 25135882TI20A · PDF
“This ruling vindicates what we have argued from the beginning: that Florida's red-light camera statute treats vehicle owners as guilty until proven innocent, and that is fundamentally incompatible with the constitutional guarantee of due process. The court recognized that you cannot impose quasi-criminal penalties on citizens based on nothing more than a photograph of a license plate. This decision should give hope to every Florida driver who has been forced to pay a fine under this unconstitutional scheme.”
— Bret Lusskin, Esq.
Founder, Stop the Cams · Lusskin Law
About Stop the Cams
Stop the Cams is a citizen-led effort to expose and dismantle automated traffic enforcement systems in Florida. Founded by attorney Bret Lusskin, the organization challenges the constitutionality of camera-based ticketing, advocates for driver privacy, and seeks the return of unjustly collected fines to Florida citizens. Learn more at stopthecams.org.
Media Contact:
Bret Lusskin, Esq.
info@stopthecams.org
954-454-5841