A class action lawsuit has now been filed against the various entities that make up the school bus camera program on behalf of Miami-Dade drivers. NBC6’s Sophia Hernandez reports
A class action lawsuit has now been filed against the various entities that make up the school bus camera program on behalf of Miami-Dade drivers.
The complaint was filed last week, and the attorneys claim that their client and other Miami-Dade drivers have not been given hearing dates after they tried to fight their citation ticket.
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WATCH HEREGino Moreno, one of the attorneys representing drivers, says it’s not giving drivers their constitutional right to due process.
“What we are requesting is that whether you are at fault or not at fault, you are entitled to compensation," Moreno said.
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The federal complaint is against Miami-Dade County and the Sheriff’s Office, Miami-Dade County Public Schools, and BusPatrol.
Moreno claimed his client received a $225 ticket in January of this year for passing a stopped school bus, but told NBC6 that when he tried to contest the citation, he was never granted a hearing date. The complaint states that "faced with the potential repercussions of a UTC and a deadline to pay by March 6, 2025, [the driver] reluctantly paid the fine."
It’s what prompted Moreno and his partners to file a class action lawsuit last Wednesday on behalf of all Miami-Dade drivers claiming the camera program “not only deprived citizens of Miami-Dade County of their property without lawful justification but also enriched the defendants at the expense of the public under questionable legal and ethical circumstances.”
“While the program might have been well-intentioned, I think it’s clear they prioritized revenue generation over rights," Moreno said.
The lawsuit alleges that 120,000 violation notices were issued since the start of the program. However, the Clerk of Court and Comptroller told NBC6 that since August, there have been 1,404 contestations filed by the Miami-Dade Sheriff’s Office in the statewide portal.
The Eleventh Judicial Court, which is the entity responsible for the scheduling of hearings, told NBC6 that contested notices of violation began to be received on Jan. 17 of this year.
NBC6 is still waiting for answers to questions related to hearing dates for drivers.
The complaint, filed by Moreno and his associates, further alleges that the camera program is managed by BusPatrol and that there has been revenue of $19.5 million from civil penalties, with 70% of it going towards BusPatrol and 30% to the school district.
BusPatrol told NBC6 that they do receive 70%, but it will soon be reduced to 60%, and the school district will get 40%. The school district on Tuesday shared that they have received $6 million from the program and have used the funds for MDCPS’ transportation employee salaries and the maintenance expense of the bus GPS system.
According to state law and BusPatrol, the company uses its funds to pay for law enforcement expenses.
BusPatrol also told NBC6 that the camera program is not solely managed by their company, as the complaint claimed, but that each partner in the program has a role.
BusPatrol shared that they are the ones administering the program, but that Miami-Dade Sheriff’s Office determines and approves when to issue a citation. BusPatrol only issues violations approved by and on behalf of the sheriff.
According to state law, after the alleged violation takes place, the school district must submit the video to the law enforcement agency. Then, officers have 30 days to review the footage and determine whether or not the citation will be issued.
Regarding the complaint, the company told NBC6 in part, “The class action suit is a frivolous and baseless attempt to undermine a critical student safety initiative in Miami. We will continue to follow all state and local laws as we work in partnership with the sheriff’s office and school district to improve the safety of school children on buses.”
MDCPS told NBC6 that they will not be commenting on pending litigation.
NBC6 also reached out to the Sheriff’s Office and Miami-Dade County regarding the claims made and the complaint. We have not yet received a response.
