LABARGA, C.J.
The City of Fort Lauderdale appeals the decision of the Fourth District Court of Appeal in City of Fort Lauderdale v. Dhar, 154 So.3d 366 (Fla. 4th DCA 2014). In that decision, the district court held a provision in section 316.0083(1)(d)3., Florida Statutes (2012), known as the "Mark Wandall Traffic Safety Program," to be invalid as applied to short-term renters of motor vehicles who are detected by a "red light camera" committing a violation. This Court has mandatory appellate jurisdiction under article V, section 3(b)(1), of the Florida Constitution.
The facts concerning this "red light camera" violation by Dhar, who was a short-term renter of an automobile, and the lower court rulings on Dhar's motion to dismiss, are set forth in the opinion of the Fourth District as follows:
Dhar, 154 So.3d at 367 [some bracketed material added].
The district court concluded that the unequal treatment of short-term renters violated equal protection. The court explained, "Whether a person owns a vehicle, leases a vehicle, or enters into a short-term rental agreement, the circumstances surrounding the infraction remain the same," and because short-term automobile renters are similarly situated to registered owners and lessees, there is no rational basis for the unequal treatment given to defendants such as Dhar. Id. Based on the facts and the court's analysis, the Fourth District affirmed the lower court's order granting Dhar's motion to dismiss the traffic citation for violating her equal protection and due process rights.
The Fourth District correctly noted that section 316.0083(1)(d)3. was amended by the Legislature in 2013
The constitutionality of a statute is a pure question of law subject to de novo review. City of Miami v. McGrath, 824 So.2d 143, 146 (Fla.2002). "[M]ixed questions of law and fact that ultimately determine constitutional rights should be reviewed by appellate courts using a two-step approach, deferring to the trial court on questions of historical fact but conducting a de novo review of the constitutional issue." Davis v. State, 142 So.3d 867, 871 (Fla.2014) (quoting Henry v. State, 134 So.3d 938, 946 (Fla.2014) (quoting Connor v. State, 803 So.2d 598, 605 (Fla.2001))). As in all constitutional challenges, the statute comes to the Court clothed with the presumption of correctness and all reasonable doubts about the statute's validity must be resolved in favor of constitutionality. "While [the Court] review[s] decisions striking state statutes de novo, [it] is obligated to accord legislative acts a presumption of constitutionality and to construe challenged legislation to effect a constitutional outcome whenever possible." Crist v. Ervin, 56 So.3d 745, 747 (Fla.2010) (quoting Fla. Dep't of Revenue v. City of Gainesville, 918 So.2d 250, 256 (Fla.2005)).
When courts consider the constitutionality of a statute that abridges a fundamental right, they are required to apply a strict scrutiny standard to determine whether the statute denies equal protection. Level 3 Commc'ns, LLC v. Jacobs, 841 So.2d 447, 454 (Fla.2003) (citing
Section 316.0083, Florida Statutes, also known as the Mark Wandall Traffic Safety Program, was created in chapter 2010-80, § 5, Laws of Florida. The statute expressly preempted to the State the regulation of the use of cameras to enforce the provisions of chapter 316, Florida Statutes. It authorized the Department of Highway Safety and Motor Vehicles, counties, and municipalities to use cameras to enforce violations of sections 316.074(1) and 316.075(1)(c), Florida Statutes, for a driver's failure to stop at a red light traffic signal. In 2012, when Dhar committed the traffic violation, section 316.0083(1), Florida Statutes, provided in pertinent part:
§ 316.0083, Fla. Stat. (2012).
The statute does not expressly address short-term renters such as Dhar except to note that if the party who receives the initial Notice of Violation files an affidavit indicating that they were not the party who had the care, custody, or control of the vehicle at the time of the violation, the person named in the affidavit will then be sent a Uniform Traffic Citation. There is no dispute that the effect of the operation of the statute is to treat short-term renters differently than long-term lessees. This is because a long-term lessee will be listed in the Department of Highway Safety and Motor Vehicles records as a registrant, and that long-term lessee will be sent the initial Notice of Violation calling for payment of only $158. Because short-term renters are not listed there, they are identified only after the registered owner submits an affidavit identifying them. The 2012 statute then provides that a Uniform Traffic Citation may be issued to the person identified in the affidavit.
We agree with the county court and the Fourth District that the unequal statutory treatment of short-term automobile renters bears no rational relationship to a legitimate state purpose. No rational basis justifies treating short-term renters differently than registered owners and lessees where the gravamen of the violation — running a red light and being captured on camera doing so — is the same in each case. We agree that Dhar, as the challenger, had the burden to show that the statutory classification bears no rational relationship to a legitimate state purpose, and we conclude, as did the lower courts, that she has borne this burden. See Level 3 Commc'ns, 841 So.2d at 454. Thus, the district court correctly affirmed the order of the county court granting the motion to dismiss.
For the reasons set forth above, we hold that section 316.0083, Florida Statutes (2012), is unconstitutional as applied to short-term vehicle renters such as Dhar. Accordingly, we affirm the decision of the Fourth District in City of Fort Lauderdale v. Dhar, 154 So.3d 366 (Fla. 4th DCA 2014), and remand for proceedings consistent herewith.
It is so ordered.
PARIENTE, LEWIS, QUINCE, and PERRY, JJ., concur.
POLSTON, J., concurs in result.
CANADY, J., dissents.