Amid controversy surrounding a school bus camera contract and the county’s plans to impose traffic fines in September, Polk County Public Schools spokesman Kyle Kennedy refused to provide the updated contract language, instead directing interested parties to obtain the information through a time-consuming public records request.
Despite increasing attention and a fast-approaching deadline, Polk County Public Schools officials are remaining silent on a controversial school bus camera contract with Verra Mobility that, as of late, contained compensation provisions that appeared to violate state law. After public assurances that the contract would be amended to clarify payment structures, district officials now appear unwilling to announce the updated language, leaving parents, taxpayers and drivers in the dark about whether the agreement complies with Florida law. The program is scheduled to begin issuing tickets as early as September.
The original contract called for Verra Mobility to receive $49 for each potential traffic violation reported to law enforcement for review. Such payments are illegal under Florida state law, which prohibits private vendors from being compensated based on the number of violations detected by school bus camera systems. The Capitolist asked Polk County Schools on Monday for the updated contract language that district officials had previously promised would resolve any controversy surrounding payments.
As recently as August 14, Polk County Public School officials had promised transparency on the matter. “We want to reassure the public that our program complies with legal requirements, and clarifying the language in our contract should help clear up any misunderstandings,” wrote Jason Gearysenior communications director for the district.
But late Monday, just two weeks later, the district spokesman said Kyle Kennedy refused to provide details of the contract language and instead suggested that The Capitolist file a formal public records request to obtain a copy of the contract. When asked whether the contract had been updated to comply with state law, Kennedy refused three times to give a direct answer and repeatedly requested The Capitolist to a public records request form.
Public records requests are often viewed by media as a last resort because of the lengthy processing times and high potential costs. When only basic or current information is needed, government officials will usually provide it directly without the need for formal requests – especially in cases where there is a high level of public interest, such as a school bus camera program. In cases where documents are known to exist and are easily accessible, refusing to share them usually raises questions about transparency and accountability.
The contract in question appears to directly violate Florida Senate Bill 994, which was passed earlier this year and signed by the governor Ron DeSantis. The bill specifically prohibits payment structures based on the number of violations detected by school bus camera systems, stating, “A private provider or manufacturer shall not receive compensation based on the number of violations detected through the use of a school bus violation detection system.”
Seemingly contradicting the explicit wording of the law, both Polk County officials and Verra Mobility have insisted their agreement is legal, citing internal “business rules” that filter incidents before they are presented to law enforcement. But legal experts say the county’s so-called “business rules” aren’t enough to make the contract legal because the variable payments obviously and directly correlate with the number of traffic violations. For the contract to be legal under Florida law, the experts say, Verra Mobility can only demand fixed payments that cover things like the cost of maintenance and installation.
The district’s reluctance to release the updated contract language only heightens compliance concerns. The refusal to provide clear answers raises questions about the district’s commitment to transparency and whether it is taking the necessary steps to ensure its contract complies with state law.
Polk County drivers, parents and taxpayers should be aware that the program, whether or not it complies with state law, will begin issuing tickets on September 24.
