February 16, 2020
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       Florida Senate - 2010                                     SB 294
       
       
       
       By Senator Bennett
       
       
       
       
       21-00428A-10                                           2010294__
    1                        A bill to be entitled                      
    2         An act relating to uniform traffic control; creating
    3         the “Mark Wandall Traffic Safety Act”; amending s.
    4         316.003, F.S.; defining the term “traffic infraction
    5         detector”; creating s. 316.0083, F.S.; creating the
    6         Mark Wandall Traffic Safety Program to be administered
    7         by the Department of Transportation; requiring a
    8         county or municipality to enact an ordinance in order
    9         to use a traffic infraction detector to identify a
   10         motor vehicle that fails to stop at a traffic control
   11         signal steady red light; requiring such detectors to
   12         meet department contract specifications; requiring
   13         authorization of a traffic infraction enforcement
   14         officer or a code enforcement officer to issue and
   15         enforce a ticket for such violation; requiring
   16         signage; requiring certain public awareness
   17         procedures; requiring the ordinance to establish a
   18         fine of a certain amount; requiring the ordinance to
   19         provide for installing, maintaining, and operating
   20         such detectors on rights-of-way owned or maintained by
   21         the department, county, or municipality; prohibiting
   22         additional charges; exempting emergency vehicles;
   23         providing that the registered owner of the motor
   24         vehicle involved in the violation is responsible and
   25         liable for payment of the fine assessed; providing
   26         exceptions; providing procedures for disposition and
   27         enforcement of tickets; providing for a person to
   28         contest such ticket; providing for disposition of
   29         revenue collected; providing complaint procedures;
   30         providing for the Legislature to exclude a county or
   31         municipality from the program; requiring reports from
   32         participating municipalities and counties to the
   33         department; requiring the department to make reports
   34         to the Governor and the Legislature; amending s.
   35         316.0745, F.S.; providing that traffic infraction
   36         detectors must meet certain specifications; creating
   37         s. 316.07456, F.S.; providing for preexisting
   38         equipment; requiring counties and municipalities that
   39         enacted an ordinance to enforce red light violations
   40         or entered into a contract to purchase or lease
   41         equipment to enforce red light violations before the
   42         effective date of this act to charge a certain penalty
   43         amount; requiring counties or municipalities that have
   44         acquired such equipment pursuant to an agreement
   45         entered into before the effective date of this act to
   46         make certain payments to the state; providing for
   47         future expiration of such provisions; creating s.
   48         316.0776, F.S.; providing for placement and
   49         installation of detectors on the State Highway System,
   50         county roads, and city streets; amending s. 316.1967,
   51         F.S.; providing for inclusion of persons with
   52         outstanding violations in a list sent to the
   53         Department of Highway Safety and Motor Vehicles for
   54         enforcement purposes; amending s. 395.4036, F.S.;
   55         providing for distribution of funds to trauma centers,
   56         certain hospitals, certain nursing homes, and certain
   57         health units and programs, to be used for specified
   58         purposes; correcting a cross-reference; ratifying
   59         prior enforcement actions; providing for severability;
   60         providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. This act may be cited as the “Mark Wandall
   65  Traffic Safety Act.”
   66         Section 2. Subsection (86) is added to section 316.003,
   67  Florida Statutes, to read:
   68         316.003 Definitions.—The following words and phrases, when
   69  used in this chapter, shall have the meanings respectively
   70  ascribed to them in this section, except where the context
   71  otherwise requires:
   72         (86) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
   73  installed to work in conjunction with a traffic control signal
   74  and a camera or cameras synchronized to automatically record two
   75  or more sequenced photographic or electronic images or streaming
   76  video of only the rear of a motor vehicle at the time the
   77  vehicle fails to stop behind the stop bar or clearly marked stop
   78  line when facing a traffic control signal steady red light. Any
   79  ticket issued by the use of a traffic infraction detector must
   80  include a photograph or other recorded image showing both the
   81  license tag of the offending vehicle and the traffic control
   82  device being violated.
   83         Section 3. Section 316.0083, Florida Statutes, is created
   84  to read:
   85         316.0083 Mark Wandall Traffic Safety Program;
   86  administration; report.—
   87         (1) There is created the Mark Wandall Traffic Safety
   88  Program governing the operation of traffic infraction detectors.
   89  The program shall be administered by the Department of
   90  Transportation and shall include the following provisions:
   91         (a) In order to use a traffic infraction detector, a county
   92  or municipality must enact an ordinance that provides for the
   93  use of a traffic infraction detector to enforce s.
   94  316.075(1)(c), which requires the driver of a vehicle to stop
   95  the vehicle when facing a traffic control signal steady red
   96  light on the streets and highways under the jurisdiction of the
   97  county or municipality. The traffic infraction detector must
   98  conform to the contract specifications adopted by the Department
   99  of Transportation under s. 316.0776. A county or municipality
  100  may install such detectors on state, county, or municipal
  101  rights-of-way within the boundaries of that county or
  102  municipality. Only a municipality may install or authorize the
  103  installation of any such detectors within the incorporated area
  104  of the municipality. A municipality may authorize the state or
  105  county to install such detectors within its incorporated area.
  106  Only a county may install or authorize the installation of any
  107  such detectors within the unincorporated area of the county. A
  108  county may authorize the state to install such detectors in the
  109  unincorporated area of the county. A county or municipality that
  110  operates a traffic infraction detector must authorize a traffic
  111  infraction enforcement officer or a code enforcement officer to
  112  issue a ticket for a violation of s. 316.075(1)(c) and to
  113  enforce the payment of the ticket for such violation. This
  114  paragraph does not authorize a traffic infraction enforcement
  115  officer or a code enforcement officer to carry a firearm or
  116  other weapon and does not authorize such an officer to make
  117  arrests. The ordinance must require signs to be posted at
  118  locations designated by the county or municipality providing
  119  notification that a traffic infraction detector may be in use.
  120  Such signage must conform to the specifications adopted by the
  121  Department of Transportation under s. 316.0745. The ordinance
  122  must provide for the county or municipality to install,
  123  maintain, and operate traffic infraction detectors on a right
  124  of-way owned or maintained by the Department of Transportation
  125  or on a right-of-way owned or maintained by the county or
  126  municipality in which the traffic infraction detector is to be
  127  installed. The ordinance must also require that the county or
  128  municipality make a public announcement and conduct a public
  129  awareness campaign of the proposed use of traffic infraction
  130  detectors at least 30 days before commencing the enforcement
  131  program. In addition, the ordinance must establish a fine of
  132  $150 to be assessed against the registered owner of a motor
  133  vehicle that fails to stop when facing a traffic control signal
  134  steady red light as determined through the use of a traffic
  135  infraction detector. Any other provision of law to the contrary
  136  notwithstanding, an additional surcharge, fee, or cost may not
  137  be added to the civil penalty authorized by this paragraph.
  138         (b) When responding to an emergency call, an emergency
  139  vehicle is exempt from any ordinance enacted under this section.
  140         (c) A county or municipality must adopt an ordinance under
  141  this section that provides for the use of a traffic infraction
  142  detector in order to impose a fine on the registered owner of a
  143  motor vehicle for a violation of s. 316.075(1)(c). The fine
  144  shall be imposed in the same manner and is subject to the same
  145  limitations as provided for parking violations under s.
  146  316.1967. Except as specifically provided in this section,
  147  chapter 318 and s. 322.27 do not apply to a violation of s.
  148  316.075(1)(c) for which a ticket has been issued under an
  149  ordinance enacted pursuant to this section. Enforcement of a
  150  ticket issued under the ordinance is not a conviction of the
  151  operator of the motor vehicle, may not be made a part of the
  152  driving record of the operator, and may not be used for purposes
  153  of setting motor vehicle insurance rates. Points under s. 322.27
  154  may not be assessed based upon such enforcement.
  155         (d) The procedures set forth in s. 316.1967(2)-(5) apply to
  156  an ordinance enacted pursuant to this section, except that the
  157  ticket must contain the name and address of the person alleged
  158  to be liable as the registered owner of the motor vehicle
  159  involved in the violation, the tag number of the motor vehicle,
  160  the violation charged, a copy of the photographic image or
  161  images evidencing the violation, the location where the
  162  violation occurred, the date and time of the violation,
  163  information that identifies the device that recorded the
  164  violation, and a signed statement by a specifically trained
  165  technician employed by the agency or its contractor that, based
  166  on inspection of photographs or other recorded images, the motor
  167  vehicle was being operated in violation of s. 316.075(1)(c). The
  168  ticket must advise the registered owner of the motor vehicle
  169  involved in the violation of the amount of the fine, the date by
  170  which the fine must be paid, and the procedure for contesting
  171  the violation alleged in the ticket. The ticket must contain a
  172  warning that failure to contest the violation in the manner and
  173  time provided is deemed an admission of the liability and that a
  174  default may be entered thereon. The violation shall be processed
  175  by the county or municipality that has jurisdiction over the
  176  street or highway where the violation occurred or by any entity
  177  authorized by the county or municipality to prepare and mail the
  178  ticket.
  179         (e) The ticket shall be sent by first-class mail, addressed
  180  to the registered owner of the motor vehicle, and postmarked no
  181  later than 30 days after the date of the violation.
  182         (f)1. The registered owner of the motor vehicle involved in
  183  a violation is responsible and liable for payment of the fine
  184  assessed pursuant to this section unless the owner can establish
  185  that:
  186         a. The motor vehicle passed through the intersection in
  187  order to yield right-of-way to an emergency vehicle or as part
  188  of a funeral procession;
  189         b. The motor vehicle passed through the intersection at the
  190  direction of a law enforcement officer;
  191         c. The motor vehicle was stolen at the time of the alleged
  192  violation;
  193         d. The motor vehicle passed through the intersection
  194  because the driver was responding to a medical emergency; or
  195         e. A uniform traffic citation was issued to the driver of
  196  the motor vehicle for the alleged violation of s. 316.075(1)(c).
  197         2. In order to establish any such fact, the registered
  198  owner of the vehicle must, within 30 days after receipt of
  199  notification of the alleged violation, furnish to the county or
  200  municipality, as appropriate, an affidavit that sets forth
  201  detailed information supporting an exemption under sub
  202  subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
  203  or sub-subparagraph 1.e. For an exemption under sub-subparagraph
  204  1.c., the affidavit must set forth that the vehicle was stolen
  205  and be accompanied by a copy of the police report indicating
  206  that the vehicle was stolen at the time of the alleged
  207  violation. For an exemption under sub-subparagraph 1.e., the
  208  affidavit must set forth that a citation was issued and be
  209  accompanied by a copy of the citation indicating the time of the
  210  alleged violation and the location of the intersection where it
  211  occurred.
  212         (g) A person may contest the determination that such person
  213  failed to stop at a traffic control signal steady red light as
  214  evidenced by a traffic infraction detector by electing to appear
  215  before any judge or hearing officer authorized by law to preside
  216  over a hearing that adjudicates traffic infractions. A person
  217  who elects to appear before the judge or hearing officer to
  218  present evidence is deemed to have waived the limitation of
  219  civil penalties imposed for the violation. The judge or hearing
  220  officer, after hearing, shall determine whether the violation
  221  was committed and may impose a civil penalty not to exceed $150
  222  plus costs. The judge or hearing officer may take appropriate
  223  measures to enforce the collection of any penalty not paid
  224  within the time permitted by the county, municipality, or court.
  225         (h) A certificate sworn to or affirmed by a person
  226  authorized under this section who is employed by or under
  227  contract with the county or municipality where the infraction
  228  occurred, or a facsimile thereof that is based upon inspection
  229  of photographs or other recorded images produced by a traffic
  230  infraction detector, is prima facie evidence of the facts
  231  contained in the certificate. A photograph or other recorded
  232  image evidencing a violation of s. 316.075(1)(c) must be
  233  available for inspection in any proceeding to adjudicate
  234  liability under an ordinance enacted pursuant to this section.
  235         (i) In any county or municipality in which tickets are
  236  issued as provided in this section, the names of persons who
  237  have one or more outstanding violations may be included on the
  238  list authorized under s. 316.1967(6).
  239         (2) Of the fine imposed pursuant to paragraph (1)(a) or
  240  paragraph (1)(g), $55 shall be remitted by the county or
  241  municipality to the Department of Revenue for deposit into the
  242  General Revenue Fund, $20 shall be remitted to the Department of
  243  Revenue for deposit into the Department of Health Administrative
  244  Trust Fund, and $75 shall be retained by the county or
  245  municipality enforcing the ordinance enacted pursuant to this
  246  section. Funds deposited into the Department of Health
  247  Administrative Trust Fund under this subsection shall be
  248  distributed as provided in s. 395.4036(1).
  249         (3) A complaint that a county or municipality is employing
  250  traffic infraction detectors for purposes other than the
  251  promotion of public health, welfare, and safety or in a manner
  252  inconsistent with this section may be submitted to the governing
  253  body of such county or municipality. Such complaints, along with
  254  any investigation and corrective action taken by the county or
  255  municipal governing body, shall be included in the annual report
  256  to the Department of Transportation and in that department’s
  257  annual summary report to the Governor, the President of the
  258  Senate, and the Speaker of the House Representatives, as
  259  required by this section. Based on its review of the report, the
  260  Legislature may exclude a county or municipality from further
  261  participation in the program.
  262         (4)(a) Each county or municipality that operates a traffic
  263  infraction detector shall submit an annual report to the
  264  Department of Transportation that details the results of using
  265  the traffic infraction detector and the procedures for
  266  enforcement.
  267         (b) The Department of Transportation shall provide an
  268  annual summary report to the Governor, the President of the
  269  Senate, and the Speaker of the House of Representatives
  270  regarding the use and operation of traffic infraction detectors
  271  under this section. The summary report must include a review of
  272  the information submitted to the Department of Transportation by
  273  the counties and municipalities and must describe the
  274  enhancement of the traffic safety and enforcement programs. The
  275  Department of Transportation shall report its recommendations,
  276  including any necessary legislation, on or before December 1,
  277  2010, to the Governor, the President of the Senate, and the
  278  Speaker of the House of Representatives.
  279         Section 4. Subsection (6) of section 316.0745, Florida
  280  Statutes, is amended to read:
  281         316.0745 Uniform signals and devices.—
  282         (6) Any system of traffic control devices controlled and
  283  operated from a remote location by electronic computers or
  284  similar devices must shall meet all requirements established for
  285  the uniform system, and, if where such a system affects systems
  286  affect the movement of traffic on state roads, the design of the
  287  system must shall be reviewed and approved by the Department of
  288  Transportation.
  289         Section 5. Section 316.07456, Florida Statutes, is created
  290  to read:
  291         316.07456 Grandfather clause.—
  292         (1) Any traffic infraction detector deployed on the streets
  293  and highways of the state must meet the contract specifications
  294  established by the Department of Transportation and must be
  295  tested at regular intervals according to procedures prescribed
  296  by that department.
  297         (2) Notwithstanding any provision of law to the contrary,
  298  before September 30, 2011, nothing in this act shall prohibit
  299  any county or municipality from using red light traffic
  300  enforcement devices of any type or from enforcing violations of
  301  s. 316.074(1) or s. 316.075(1)(c) or other red light traffic
  302  enforcement ordinances if such county or municipality has
  303  enacted an ordinance to enforce red light violations or has
  304  entered into a contract to purchase or lease equipment to
  305  enforce red light violations before the effective date of this
  306  act.
  307         (3) Counties and municipalities using grandfathered
  308  equipment pursuant to subsection (2) shall charge violators a
  309  $150 penalty. Of that penalty, $55 shall be remitted by the
  310  county or municipality to the Department of Revenue for deposit
  311  into the General Revenue Fund, $20 shall be remitted to the
  312  Department of Revenue for deposit into the Department of Health
  313  Administrative Trust Fund, and $75 shall be retained by the
  314  county or municipality. Funds deposited into the Department of
  315  Health Administrative Trust Fund under this subsection shall be
  316  distributed as provided in s. 395.4036(1)(a) as if such funds
  317  had been collected under s. 316.0083.
  318         (4) This section expires October 1, 2011.
  319         Section 6. Section 316.0776, Florida Statutes, is created
  320  to read:
  321         316.0776 Traffic infraction detectors; placement and
  322  installation.—Placement and installation of traffic infraction
  323  detectors is allowed on the State Highway System, county roads,
  324  and city streets pursuant to specifications developed by the
  325  Department of Transportation, so long as the safety and
  326  operation of the road facility is not impaired.
  327         Section 7. Section 316.1967, Florida Statutes, is amended
  328  to read:
  329         316.1967 Liability for payment of parking ticket violations
  330  and other parking violations.—
  331         (1) The owner of a vehicle is responsible and liable for
  332  payment of any parking ticket violation unless the owner can
  333  furnish evidence, when required by this subsection, that the
  334  vehicle was, at the time of the parking violation, in the care,
  335  custody, or control of another person. In such instances, the
  336  owner of the vehicle is required, within a reasonable time after
  337  notification of the parking violation, to furnish to the
  338  appropriate law enforcement authorities an affidavit setting
  339  forth the name, address, and driver’s license number of the
  340  person who leased, rented, or otherwise had the care, custody,
  341  or control of the vehicle. The affidavit submitted under this
  342  subsection is admissible in a proceeding charging a parking
  343  ticket violation and raises the rebuttable presumption that the
  344  person identified in the affidavit is responsible for payment of
  345  the parking ticket violation. The owner of a vehicle is not
  346  responsible for a parking ticket violation if the vehicle
  347  involved was, at the time, stolen or in the care, custody, or
  348  control of some person who did not have permission of the owner
  349  to use the vehicle. The owner of a leased vehicle is not
  350  responsible for a parking ticket violation and is not required
  351  to submit an affidavit or the other evidence specified in this
  352  section, if the vehicle is registered in the name of the person
  353  who leased the vehicle.
  354         (2) Any person who is issued a county or municipal parking
  355  ticket by a parking enforcement specialist or officer is deemed
  356  to be charged with a noncriminal violation and shall comply with
  357  the directions on the ticket. If payment is not received or a
  358  response to the ticket is not made within the time period
  359  specified thereon, the county court or its traffic violations
  360  bureau shall notify the registered owner of the vehicle that was
  361  cited, or the registered lessee when the cited vehicle is
  362  registered in the name of the person who leased the vehicle, by
  363  mail to the address given on the motor vehicle registration, of
  364  the ticket. Mailing the notice to this address constitutes
  365  notification. Upon notification, the registered owner or
  366  registered lessee shall comply with the court’s directive.
  367         (3) Any person who fails to satisfy the court’s directive
  368  waives his or her right to pay the applicable civil penalty.
  369         (4) Any person who elects to appear before a designated
  370  official to present evidence waives his or her right to pay the
  371  civil penalty provisions of the ticket. The official, after a
  372  hearing, shall make a determination as to whether a parking
  373  violation has been committed and may impose a civil penalty not
  374  to exceed $100 or the fine amount designated by county
  375  ordinance, plus court costs. Any person who fails to pay the
  376  civil penalty within the time allowed by the court is deemed to
  377  have been convicted of a parking ticket violation, and the court
  378  shall take appropriate measures to enforce collection of the
  379  fine.
  380         (5) Any provision of subsections (2), (3), and (4) to the
  381  contrary notwithstanding, chapter 318 does not apply to
  382  violations of county parking ordinances and municipal parking
  383  ordinances.
  384         (6) Any county or municipality may provide by ordinance
  385  that the clerk of the court or the traffic violations bureau
  386  shall supply the department with a magnetically encoded computer
  387  tape reel or cartridge or send by other electronic means data
  388  which is machine readable by the installed computer system at
  389  the department, listing persons who have three or more
  390  outstanding parking violations, including violations of s.
  391  316.1955, or who have one or more outstanding tickets for a
  392  violation of a traffic control signal steady red light
  393  indication issued pursuant to an ordinance adopted under s.
  394  316.0083. Each county shall provide by ordinance that the clerk
  395  of the court or the traffic violations bureau shall supply the
  396  department with a magnetically encoded computer tape reel or
  397  cartridge or send by other electronic means data that is machine
  398  readable by the installed computer system at the department,
  399  listing persons who have any outstanding violations of s.
  400  316.1955 or any similar local ordinance that regulates parking
  401  in spaces designated for use by persons who have disabilities.
  402  The department shall mark the appropriate registration records
  403  of persons who are so reported. Section 320.03(8) applies to
  404  each person whose name appears on the list.
  405         Section 8. Subsections (1) and (2) of section 395.4036,
  406  Florida Statutes, are amended to read:
  407         395.4036 Trauma payments.—
  408         (1) Recognizing the Legislature’s stated intent to provide
  409  financial support to the current verified trauma centers and to
  410  provide incentives for the establishment of additional trauma
  411  centers as part of a system of state-sponsored trauma centers,
  412  the department shall use utilize funds collected under ss.
  413  316.0083 and s. 318.18 and deposited into the Administrative
  414  Trust Fund of the department to ensure the availability and
  415  accessibility of trauma and emergency services throughout the
  416  state as provided in this subsection.
  417         (a) Funds collected under ss. 316.0083 and s. 318.18(15)
  418  shall be distributed as follows:
  419         1. Eighteen percent of the total funds collected under s.
  420  316.0083 and 20 Twenty percent of the total funds collected
  421  under s. 318.18(15) during the state fiscal year shall be
  422  distributed to verified trauma centers that have a local funding
  423  contribution as of December 31. Distribution of funds under this
  424  subparagraph shall be based on trauma caseload volume for the
  425  most recent calendar year available.
  426         2. Thirty-eight percent of the total funds collected under
  427  s. 316.0083 and 40 Forty percent of the total funds collected
  428  under s. 318.18(15) shall be distributed to verified trauma
  429  centers based on trauma caseload volume for the most recent
  430  calendar year available. The determination of caseload volume
  431  for distribution of funds under this subparagraph shall be based
  432  on the department’s Trauma Registry data.
  433         3. Thirty-eight percent of the total funds collected under
  434  s. 316.0083 and 40 Forty percent of the total funds collected
  435  under s. 318.18(15) shall be distributed to verified trauma
  436  centers based on severity of trauma patients for the most recent
  437  calendar year available. The determination of severity for
  438  distribution of funds under this subparagraph shall be based on
  439  the department’s International Classification Injury Severity
  440  Scores or another statistically valid and scientifically
  441  accepted method of stratifying a trauma patient’s severity of
  442  injury, risk of mortality, and resource consumption as adopted
  443  by the department by rule, weighted based on the costs
  444  associated with and incurred by the trauma center in treating
  445  trauma patients. The weighting of scores shall be established by
  446  the department by rule.
  447         4. Three percent of the total funds collected under s.
  448  316.0083 shall be distributed to public hospitals that qualify
  449  for distributions under s. 409.911(4), that are not verified
  450  trauma centers but are located in trauma service areas, as
  451  defined under s. 395.402, and that do not have a verified trauma
  452  center based on their proportionate number of emergency room
  453  visits on an annual basis. The Agency for Health Care
  454  Administration shall provide the department with a list of
  455  public hospitals and emergency room visits.
  456         5. Three percent of the total funds collected under s.
  457  316.0083 shall be distributed equally to crisis stabilization
  458  units, rural health initiatives, and community-based support
  459  programs that provide supports and services for individuals who
  460  have sustained a traumatic brain injury.
  461         (b) Funds collected under s. 318.18(5)(c) and (20) (19)
  462  shall be distributed as follows:
  463         1. Thirty percent of the total funds collected shall be
  464  distributed to Level II trauma centers operated by a public
  465  hospital governed by an elected board of directors as of
  466  December 31, 2008.
  467         2. Thirty-five percent of the total funds collected shall
  468  be distributed to verified trauma centers based on trauma
  469  caseload volume for the most recent calendar year available. The
  470  determination of caseload volume for distribution of funds under
  471  this subparagraph shall be based on the department’s Trauma
  472  Registry data.
  473         3. Thirty-five percent of the total funds collected shall
  474  be distributed to verified trauma centers based on severity of
  475  trauma patients for the most recent calendar year available. The
  476  determination of severity for distribution of funds under this
  477  subparagraph shall be based on the department’s International
  478  Classification Injury Severity Scores or another statistically
  479  valid and scientifically accepted method of stratifying a trauma
  480  patient’s severity of injury, risk of mortality, and resource
  481  consumption as adopted by the department by rule, weighted based
  482  on the costs associated with and incurred by the trauma center
  483  in treating trauma patients. The weighting of scores shall be
  484  established by the department by rule.
  485         (2) Funds deposited in the department’s Administrative
  486  Trust Fund for verified trauma centers may be used to maximize
  487  the receipt of federal funds that may be available for such
  488  trauma centers and nontrauma center public hospitals.
  489  Notwithstanding this section and s. 318.14, distributions to
  490  trauma centers may be adjusted in a manner to ensure that total
  491  payments to trauma centers represent the same proportional
  492  allocation as set forth in this section and s. 318.14. For
  493  purposes of this section and s. 318.14, total funds distributed
  494  to trauma centers may include revenue from the Administrative
  495  Trust Fund and federal funds for which revenue from the
  496  Administrative Trust Fund is used to meet state or local
  497  matching requirements. Funds collected under ss. 318.14,
  498  316.0083, and 318.18 and deposited in the Administrative Trust
  499  Fund of the department shall be distributed to trauma centers
  500  and nontrauma center public hospitals on a quarterly basis using
  501  the most recent calendar year data available. Such data shall
  502  not be used for more than four quarterly distributions unless
  503  there are extenuating circumstances as determined by the
  504  department, in which case the most recent calendar year data
  505  available shall continue to be used and appropriate adjustments
  506  shall be made as soon as the more recent data becomes available.
  507         Section 9. This act recognizes and ratifies any enforcement
  508  action taken by a county or municipality using a traffic
  509  infraction detector that was installed before the effective date
  510  of this act.
  511         Section 10. If any provision of this act or its application
  512  to any person or circumstance is held invalid, the invalidity
  513  shall not affect other provisions or applications of this act
  514  which can be given effect without the invalid provision or
  515  application, and to this end the provisions of this act are
  516  severable.
  517         Section 11. This act shall take effect upon becoming a law.

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