March 24, 2019
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       Florida Senate - 2010                                    SB 2166
       
       
       
       By Senator Altman
       
       
       
       
       24-00353H-10                                          20102166__
    1                        A bill to be entitled                      
    2         An act relating to uniform traffic control; amending
    3         s. 316.003, F.S.; defining the term “traffic
    4         infraction detector”; creating s. 316.0076, F.S.;
    5         preempting to the state the use of cameras to enforce
    6         traffic laws; creating s. 316.0083, F.S.; creating the
    7         Mark Wandall Traffic Safety Program; authorizing the
    8         Department of Highway Safety and Motor Vehicles, a
    9         county, or a municipality to use a traffic infraction
   10         detector to identify a motor vehicle that fails to
   11         stop at a traffic control signal steady red light;
   12         requiring authorization of a traffic infraction
   13         enforcement officer to issue and enforce a citation
   14         for such violation; providing exemptions from
   15         citations; providing procedures for disposition and
   16         enforcement of citations; providing that certain
   17         evidence is admissible for enforcement; providing
   18         penalties for submission of a false affidavit;
   19         providing that the act does not preclude the issuance
   20         of citations by law enforcement officers; establishing
   21         a fine of a certain amount; providing for disposition
   22         of revenue collected; requiring reports from
   23         participating municipalities and counties to the
   24         department; requiring the department to make reports
   25         to the Governor and Legislature; prohibiting certain
   26         persons from being issued a license plate or
   27         revalidation sticker; amending s. 316.0745, F.S.;
   28         requiring that traffic infraction detectors meet
   29         certain specifications; creating s. 316.0776, F.S.;
   30         providing for the placement and installation of
   31         detectors on certain roads so long as safety and
   32         operation of the road facility is not impaired;
   33         requiring that if the state, a county, or a
   34         municipality installs a traffic infraction detector at
   35         an intersection, the state, county, or municipality
   36         shall notify the public that a traffic infraction
   37         device may be in use at that intersection; requiring
   38         that such signage posted at the intersection meet the
   39         specifications for uniform signals and devices adopted
   40         by the Department of Transportation; requiring that
   41         traffic infraction detectors meet specifications
   42         established by the Department of Transportation;
   43         providing that a traffic infraction detector acquired
   44         by purchase, lease, or other arrangement under an
   45         agreement entered into by a county or municipality on
   46         or before a specified date is not required to meet the
   47         established specifications until a specified date;
   48         amending s. 316.640, F.S.; requiring the Department of
   49         Transportation to develop training and qualification
   50         standards for traffic infraction enforcement officers;
   51         amending s. 316.650, F.S.; requiring a traffic
   52         enforcement agency to provide to the court a replica
   53         of the citation data by electronic transmission under
   54         certain conditions; amending s. 318.14, F.S.;
   55         providing an exception from provisions requiring a
   56         person cited for an infraction for failing to stop at
   57         a traffic control signal steady red light to sign and
   58         accept a citation indicating a promise to appear;
   59         amending s. 318.18, F.S.; increasing certain fines;
   60         providing for penalties for infractions enforced by a
   61         traffic infraction enforcement officer; providing for
   62         distribution of fines; allowing the clerk of court to
   63         dismiss certain cases upon receiving documentation
   64         that the uniform traffic citation was issued in error;
   65         amending s. 322.27, F.S.; providing that no points may
   66         be assessed against the driver’s license for
   67         infractions enforced by a traffic infraction
   68         enforcement officer; amending s. 395.4036, F.S.;
   69         providing for distribution of funds to trauma centers,
   70         certain hospitals, and certain nursing homes;
   71         providing for severability; providing an effective
   72         date.
   73  
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Subsection (86) is added to section 316.003,
   77  Florida Statutes, to read:
   78         316.003 Definitions.—The following words and phrases, when
   79  used in this chapter, shall have the meanings respectively
   80  ascribed to them in this section, except where the context
   81  otherwise requires:
   82         (86)TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
   83  installed to work in conjunction with a traffic control signal
   84  and a camera or cameras synchronized to automatically record
   85  streaming video of only the rear of a motor vehicle at the time
   86  the vehicle fails to stop behind the stop bar or clearly marked
   87  stop line when facing a traffic control signal steady red light.
   88  Any citation issued by the use of a traffic infraction detector
   89  must include a photograph or other recorded image showing both
   90  the license tag of the offending vehicle and the traffic control
   91  device being violated.
   92         Section 2. Section 316.0076, Florida Statutes, is created
   93  to read:
   94         316.0076Regulation and use of cameras.—Regulation and use
   95  of cameras for enforcing the provisions of this chapter are
   96  expressly preempted to the state.
   97         Section 3. Section 316.0083, Florida Statutes, is created
   98  to read:
   99         316.0083Mark Wandall Traffic Safety Program;
  100  administration; report.—
  101         (1)The department may use traffic infraction detectors to
  102  enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails
  103  to stop at a traffic signal on the State Highway System as
  104  defined in s. 334.03. The department may, by memorandum of
  105  understanding, contract with counties and municipalities to
  106  allow the use of traffic infraction detectors to enforce s.
  107  316.074(1) or s. 316.075(1)(c)1. on the State Highway System and
  108  funds from the fines shall be distributed as provided in s.
  109  318.18(15)(c).
  110         (2)A county or municipality may use traffic infraction
  111  detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
  112  driver fails to stop at a traffic signal on any highway, street,
  113  or road located within their boundaries, except the State
  114  Highway System.
  115         (3)(a)For purposes of administering this section, the
  116  department may by rule, and counties or municipalities may by
  117  ordinance, authorize a traffic infraction enforcement officer to
  118  issue a uniform traffic citation for a violation of s.
  119  316.074(1) or s. 316.075(1)(c)1. The term “traffic infraction
  120  enforcement officer” means the designee of the department,
  121  county, or municipality who is authorized to enforce s.
  122  316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at
  123  a traffic signal. The department, county, or municipality may
  124  designate traffic infraction enforcement officers pursuant to s.
  125  316.640(1). Any traffic infraction enforcement officer employed
  126  by the state, county, or municipality, or under contract with
  127  the state, county, or municipality, must be physically located
  128  in the county in which the infraction occurred.
  129         (b)1.a.A citation issued under this section shall be
  130  issued by mailing the citation by first-class mail to the
  131  address of the registered owner of the motor vehicle involved in
  132  the violation. If the registered owner of the motor vehicle does
  133  not respond to the citation within 30 days after the citation
  134  was issued, a second citation shall be sent by first-class mail,
  135  return receipt requested, to the address of the registered owner
  136  of the motor vehicle involved in the violation.
  137         b.Receipt of the citation constitutes notification.
  138         c.In the case of joint ownership of a motor vehicle, the
  139  traffic citation shall be mailed to the first name appearing on
  140  the registration, unless the first name appearing on the
  141  registration is a business organization, in which case the
  142  second name appearing on the registration may be used.
  143         d.The citation shall be mailed to the registered owner of
  144  the motor vehicle involved in the violation within 7 business
  145  days after the date of the violation. In addition to the
  146  citation, notification must be sent to the registered owner of
  147  the motor vehicle involved in the violation specifying the
  148  remedies available under s. 318.18(15).
  149         2.Included with the notification to the registered owner
  150  of the motor vehicle involved in the infraction shall be a
  151  notice that the owner has the right to review the photographic
  152  or electronic images or the streaming video evidence that
  153  constitutes a rebuttable presumption against the owner of the
  154  vehicle. The notice must state the time and place where the
  155  evidence may be examined and observed.
  156         (c)1.The owner of the motor vehicle involved in the
  157  violation is responsible and liable for paying the citation
  158  issued for a violation of s. 316.074(1) or s. 316.075(1)(c)1.
  159  when the driver failed to stop at a traffic signal, unless the
  160  owner can establish that:
  161         a.The motor vehicle passed through the intersection in
  162  order to yield right-of-way to an emergency vehicle or as part
  163  of a funeral procession;
  164         b.The motor vehicle passed through the intersection at the
  165  direction of a law enforcement officer;
  166         c.The motor vehicle passed through the intersection due to
  167  a medical emergency;
  168         d.The motor vehicle was, at the time of the violation, in
  169  the care, custody, or control of another person;
  170         e.The motor vehicle passed through the intersection
  171  because the operator, under the circumstances at the time of the
  172  infraction, feared for his or her safety; or
  173         f.A uniform traffic citation was issued by a law
  174  enforcement officer to the driver of the motor vehicle for the
  175  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.
  176         2.In order to establish such facts, the owner of the motor
  177  vehicle shall, within 30 days after the date of issuance of the
  178  citation, furnish to the appropriate governmental entity an
  179  affidavit setting forth detailed information supporting an
  180  exemption as provided in this paragraph.
  181         a.An affidavit supporting an exemption under sub
  182  subparagraph 1.d. must include the name, address, date of birth,
  183  and, if known, the driver’s license number of the person who
  184  leased, rented, or otherwise had care, custody, or control of
  185  the motor vehicle at the time of the alleged violation. If the
  186  vehicle was stolen at the time of the alleged offense, the
  187  affidavit must include the police report indicating that the
  188  vehicle was stolen.
  189         b.If a citation for a violation of s. 316.074(1) or s.
  190  316.075(1)(c)1. was issued at the location of the violation by a
  191  law enforcement officer, the affidavit must include the serial
  192  number of the uniform traffic citation.
  193  
  194  Upon receipt of an affidavit, the person designated as having
  195  care, custody, and control of the motor vehicle at the time of
  196  the violation may be issued a citation for a violation of s.
  197  316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
  198  at a traffic signal. The affidavit is admissible in a proceeding
  199  pursuant to this section for the purpose of providing proof that
  200  the person identified in the affidavit was in actual care,
  201  custody, or control of the motor vehicle. The owner of a leased
  202  vehicle for which a citation is issued for a violation of s.
  203  316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
  204  at a traffic signal is not responsible for paying the citation
  205  and is not required to submit an affidavit as specified in this
  206  subsection if the motor vehicle involved in the violation is
  207  registered in the name of the lessee of such motor vehicle.
  208         (d)A written report of a traffic infraction enforcement
  209  officer, along with photographic or electronic images or
  210  streaming video evidence that a violation of s. 316.074(1) or s.
  211  316.075(1)(c)1. when the driver failed to stop at a traffic
  212  signal has occurred, is admissible in any proceeding to enforce
  213  this section and raises a rebuttable presumption that the motor
  214  vehicle named in the report or shown in the photographic or
  215  electronic images or streaming video evidence was used in
  216  violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
  217  failed to stop at a traffic signal.
  218         (e)The owner or operator of the vehicle involved in the
  219  infraction may not be charged a higher fine because he or she
  220  exercised his or her right to contest the issuance of the
  221  citation in court.
  222         (4)The submission of a false affidavit is a misdemeanor of
  223  the second degree, punishable as provided in s. 775.082 or s.
  224  775.083.
  225         (5)This section supplements the enforcement of s.
  226  316.074(1) or s. 316.075(1)(c)1. by law enforcement officers
  227  when a driver fails to stop at a traffic signal, and this
  228  section does not prohibit a law enforcement officer from issuing
  229  a citation for a violation of s. 316.074(1) or s.
  230  316.075(1)(c)1. when a driver fails to stop at a traffic signal
  231  in accordance with normal traffic-enforcement techniques.
  232         (6)(a)Each county or municipality that operates a traffic
  233  infraction detector shall submit an annual report to the
  234  department which details the results of using the traffic
  235  infraction detector and the procedures for enforcement. The
  236  information submitted by the counties and municipalities must
  237  include statistical data and information required by the
  238  department to complete the report and be submitted no later than
  239  90 days before the due date of the annual report.
  240         (b)On or before December 31, 2011, and annually
  241  thereafter, the department shall provide a summary report to the
  242  Governor, the President of the Senate, and the Speaker of the
  243  House of Representatives regarding the use and operation of
  244  traffic infraction detectors under this section, along with the
  245  department’s recommendations and any necessary legislation. The
  246  summary report must include a review of the information
  247  submitted to the department by the counties and municipalities
  248  and must describe the enhancement of the traffic safety and
  249  enforcement programs.
  250         (7)Any governmental entity, including, but not limited to,
  251  the clerk of court, may supply the department with data, which
  252  is machine readable by the department’s computer system, listing
  253  persons who have one or more outstanding violations of this
  254  section, with reference to the person’s driver’s license number
  255  or vehicle registration for a business entity. Pursuant to s.
  256  320.03(8), those persons may not be issued a license plate or
  257  revalidation sticker for any motor vehicle.
  258         Section 4. Subsection (6) of section 316.0745, Florida
  259  Statutes, is amended to read:
  260         316.0745 Uniform signals and devices.—
  261         (6) Any system of traffic control devices controlled and
  262  operated from a remote location by electronic computers or
  263  similar devices must shall meet all requirements established for
  264  the uniform system, and, if a system affects where such systems
  265  affect the movement of traffic on state roads, the design of the
  266  system must shall be reviewed and approved by the Department of
  267  Transportation.
  268         Section 5. Section 316.0776, Florida Statutes, is created
  269  to read:
  270         316.0776Traffic infraction detectors; placement and
  271  installation.—
  272         (1)Placement and installation of traffic infraction
  273  detectors is allowed on the State Highway System, county roads,
  274  and municipal streets under specifications developed by the
  275  Department of Transportation, so long as safety and operation of
  276  the road facility is not impaired.
  277         (2)If the state, a county, or a municipality installs a
  278  traffic infraction detector at an intersection, the state,
  279  county, or municipality shall notify the public that a traffic
  280  infraction device may be in use at that intersection. Such
  281  signage used to notify the public must meet the specifications
  282  for uniform signals and devices adopted by the Department of
  283  Transportation pursuant to s. 316.0745.
  284         (3)Any traffic infraction detector deployed on the
  285  highways, streets, and roads of this state must meet
  286  specifications established by the Department of Transportation
  287  and must be tested at regular intervals according to procedures
  288  prescribed by the Department of Transportation. However, any
  289  such equipment acquired by purchase, lease, or other arrangement
  290  under an agreement entered into by a county or municipality on
  291  or before July 1, 2011, or equipment used to enforce an
  292  ordinance enacted by a county or municipality on or before July
  293  1, 2010, is not required to meet the specifications established
  294  by the Department of Transportation until July 1, 2011.
  295         Section 6. Paragraph (b) of subsection (1) of section
  296  316.640, Florida Statutes, is amended to read:
  297         316.640 Enforcement.—The enforcement of the traffic laws of
  298  this state is vested as follows:
  299         (1) STATE.—
  300         (b)1. The Department of Transportation has authority to
  301  enforce on all the streets and highways of this state all laws
  302  applicable within its authority.
  303         2.a. The Department of Transportation shall develop
  304  training and qualifications standards for toll enforcement
  305  officers whose sole authority is to enforce the payment of tolls
  306  pursuant to s. 316.1001. Nothing in this subparagraph shall be
  307  construed to permit the carrying of firearms or other weapons,
  308  nor shall a toll enforcement officer have arrest authority.
  309         b. For the purpose of enforcing s. 316.1001, governmental
  310  entities, as defined in s. 334.03, which own or operate a toll
  311  facility may employ independent contractors or designate
  312  employees as toll enforcement officers; however, any such toll
  313  enforcement officer must successfully meet the training and
  314  qualifications standards for toll enforcement officers
  315  established by the Department of Transportation.
  316         3.a.The department shall develop training and
  317  qualifications standards for traffic infraction enforcement
  318  officers whose sole authority is to enforce s. 316.074(1) or s.
  319  316.075(1)(c)1. when a driver fails to stop at a traffic signal
  320  pursuant to s. 316.0083. This sub-subparagraph does not
  321  authorize the carrying of firearms or other weapons by a traffic
  322  infraction enforcement officer and does not authorize a traffic
  323  infraction enforcement officer to make arrests.
  324         b.For the purpose of enforcing s. 316.0083, the
  325  department, counties, or municipalities may employ independent
  326  contractors or designate employees as traffic infraction
  327  enforcement officers; however, any such traffic infraction
  328  enforcement officer must successfully meet the training and
  329  qualifications standards for traffic infraction enforcement
  330  officers established by the department.
  331         Section 7. Subsection (3) of section 316.650, Florida
  332  Statutes, is amended to read:
  333         316.650 Traffic citations.—
  334         (3)(a) Except for a traffic citation issued pursuant to s.
  335  316.1001 or s. 316.0083, each traffic enforcement officer, upon
  336  issuing a traffic citation to an alleged violator of any
  337  provision of the motor vehicle laws of this state or of any
  338  traffic ordinance of any municipality or town, shall deposit the
  339  original traffic citation or, in the case of a traffic
  340  enforcement agency that has an automated citation issuance
  341  system, the chief administrative officer shall provide by an
  342  electronic transmission a replica of the citation data to a
  343  court having jurisdiction over the alleged offense or with its
  344  traffic violations bureau within 5 days after issuance to the
  345  violator.
  346         (b) If a traffic citation is issued pursuant to s.
  347  316.1001, a traffic enforcement officer may deposit the original
  348  traffic citation or, in the case of a traffic enforcement agency
  349  that has an automated citation system, may provide by an
  350  electronic transmission a replica of the citation data to a
  351  court having jurisdiction over the alleged offense or with its
  352  traffic violations bureau within 45 days after the date of
  353  issuance of the citation to the violator. If the person cited
  354  for the violation of s. 316.1001 makes the election provided by
  355  s. 318.14(12) and pays the $25 fine, or such other amount as
  356  imposed by the governmental entity owning the applicable toll
  357  facility, plus the amount of the unpaid toll that is shown on
  358  the traffic citation directly to the governmental entity that
  359  issued the citation, or on whose behalf the citation was issued,
  360  in accordance with s. 318.14(12), the traffic citation will not
  361  be submitted to the court, the disposition will be reported to
  362  the department by the governmental entity that issued the
  363  citation, or on whose behalf the citation was issued, and no
  364  points will be assessed against the person’s driver’s license.
  365         (c)If a traffic citation is issued under s. 316.0083, the
  366  traffic infraction enforcement officer shall provide by
  367  electronic transmission a replica of the citation data to the
  368  court having jurisdiction over the alleged offense or its
  369  traffic violations bureau within 30 days after the date of
  370  issuance of the citation to the violator.
  371         Section 8. Subsection (2) of section 318.14, Florida
  372  Statutes, is amended to read:
  373         318.14 Noncriminal traffic infractions; exception;
  374  procedures.—
  375         (2) Except as provided in ss. s. 316.1001(2) and
  376  316.0083(3), any person cited for an infraction under this
  377  section must sign and accept a citation indicating a promise to
  378  appear. The officer may indicate on the traffic citation the
  379  time and location of the scheduled hearing and must indicate the
  380  applicable civil penalty established in s. 318.18.
  381         Section 9. Subsection (15) of section 318.18, Florida
  382  Statutes, is amended to read:
  383         318.18 Amount of penalties.—The penalties required for a
  384  noncriminal disposition pursuant to s. 318.14 or a criminal
  385  offense listed in s. 318.17 are as follows:
  386         (15)(a) One hundred and fifty-eight twenty-five dollars for
  387  a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
  388  has failed to stop at a traffic signal and when enforced by a
  389  law enforcement officer. Sixty dollars shall be distributed as
  390  provided in s. 318.21, $30 shall be distributed to the General
  391  Revenue Fund, and the remaining $68 $65 shall be remitted to the
  392  Department of Revenue for deposit into the Administrative Trust
  393  Fund of the Department of Health.
  394         (b)One hundred and fifty-eight dollars for a violation of
  395  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  396  stop at a traffic signal and when enforced by the department’s
  397  traffic infraction enforcement officer. Eighty dollars shall be
  398  distributed to the General Revenue Fund, $45 shall be
  399  distributed to the county or municipality in which the
  400  infraction occurred, $20 shall be remitted to the Department of
  401  Revenue for deposit into the Department of Health Administrative
  402  Trust Fund, $5 shall be remitted to the Department of Revenue
  403  for deposit into the Brain and Spinal Cord Injury Trust Fund,
  404  and $8 shall be deposited into the Grants and Donations Trust
  405  Fund of the Agency for Health Care Administration to provide
  406  enhanced Medicaid payments to nursing homes that serve residents
  407  who require ventilator care and are Medicaid recipients.
  408  Proceeds of the infractions in the Brain and Spinal Cord Injury
  409  Trust Fund shall be distributed quarterly to the Miami Project
  410  to Cure Paralysis and shall be used for brain and spinal cord
  411  research.
  412         (c)One hundred and fifty-eight dollars for a violation of
  413  s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  414  stop at a traffic signal and when enforced by a county or
  415  municipality’s traffic infraction enforcement officer. Eighty
  416  dollars shall be distributed to the county or municipality
  417  issuing the citation, $45 shall be distributed to the General
  418  Revenue Fund, $20 shall be remitted to the Department of Revenue
  419  for deposit into the Department of Health Administrative Trust
  420  Fund, $5 shall be remitted into the Department of Revenue for
  421  deposit into the Brain and Spinal Cord Injury Trust Fund, and $8
  422  shall be deposited into the Grants and Donations Trust Fund of
  423  the Agency for Health Care Administration to provide enhanced
  424  Medicaid payments to nursing homes that serve residents who
  425  require ventilator care and are Medicaid recipients. Proceeds of
  426  the infractions in the Brain and Spinal Cord Injury Trust Fund
  427  shall be distributed quarterly to the Miami Project to Cure
  428  Paralysis and shall be used for brain and spinal cord research.
  429         (d)If a person who is cited for a violation of s.
  430  316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic
  431  infraction enforcement officer under s. 316.0083, presents
  432  documentation from the appropriate governmental entity that the
  433  uniform traffic citation was in error, the clerk of court may
  434  dismiss the case. The clerk of court shall not charge for this
  435  service.
  436         (e)A person may not receive a commission from any revenue
  437  collected from violations of a traffic infraction detector.
  438  
  439  Funds deposited into the Department of Health Administrative
  440  Trust Fund under this subsection shall be distributed as
  441  provided in s. 395.4036(1).
  442         Section 10. Paragraph (d) of subsection (3) of section
  443  322.27, Florida Statutes, is amended to read:
  444         322.27 Authority of department to suspend or revoke
  445  license.—
  446         (3) There is established a point system for evaluation of
  447  convictions of violations of motor vehicle laws or ordinances,
  448  and violations of applicable provisions of s. 403.413(6)(b) when
  449  such violations involve the use of motor vehicles, for the
  450  determination of the continuing qualification of any person to
  451  operate a motor vehicle. The department is authorized to suspend
  452  the license of any person upon showing of its records or other
  453  good and sufficient evidence that the licensee has been
  454  convicted of violation of motor vehicle laws or ordinances, or
  455  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  456  more points as determined by the point system. The suspension
  457  shall be for a period of not more than 1 year.
  458         (d) The point system shall have as its basic element a
  459  graduated scale of points assigning relative values to
  460  convictions of the following violations:
  461         1. Reckless driving, willful and wanton—4 points.
  462         2. Leaving the scene of a crash resulting in property
  463  damage of more than $50—6 points.
  464         3. Unlawful speed resulting in a crash—6 points.
  465         4. Passing a stopped school bus—4 points.
  466         5. Unlawful speed:
  467         a. Not in excess of 15 miles per hour of lawful or posted
  468  speed—3 points.
  469         b. In excess of 15 miles per hour of lawful or posted
  470  speed—4 points.
  471         6. A violation of a traffic control signal device as
  472  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  473  However, no points shall be imposed for a violation of s.
  474  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  475  stop at a traffic signal and when enforced by a traffic
  476  infraction enforcement officer.
  477         7. All other moving violations (including parking on a
  478  highway outside the limits of a municipality)—3 points. However,
  479  no points shall be imposed for a violation of s. 316.0741 or s.
  480  316.2065(12).
  481         8. Any moving violation covered above, excluding unlawful
  482  speed, resulting in a crash—4 points.
  483         9. Any conviction under s. 403.413(6)(b)—3 points.
  484         10. Any conviction under s. 316.0775(2)—4 points.
  485         Section 11. Subsection (1) of section 395.4036, Florida
  486  Statutes, is amended to read:
  487         395.4036 Trauma payments.—
  488         (1) Recognizing the Legislature’s stated intent to provide
  489  financial support to the current verified trauma centers and to
  490  provide incentives for the establishment of additional trauma
  491  centers as part of a system of state-sponsored trauma centers,
  492  the department shall use utilize funds collected under s. 318.18
  493  and deposited into the Administrative Trust Fund of the
  494  department to ensure the availability and accessibility of
  495  trauma and emergency services throughout the state as provided
  496  in this subsection.
  497         (a) Funds collected under s. 318.18(15)(a) and (c) shall be
  498  distributed as follows:
  499         1. Eighteen Twenty percent of the total funds collected
  500  during the state fiscal year shall be distributed to verified
  501  trauma centers that have a local funding contribution as of
  502  December 31. Distribution of funds under this subparagraph shall
  503  be based on trauma caseload volume for the most recent calendar
  504  year available.
  505         2. Thirty-nine Forty percent of the total funds collected
  506  shall be distributed to verified trauma centers based on trauma
  507  caseload volume for the most recent calendar year available. The
  508  determination of caseload volume for distribution of funds under
  509  this subparagraph shall be based on the department’s Trauma
  510  Registry data.
  511         3. Thirty-nine Forty percent of the total funds collected
  512  shall be distributed to verified trauma centers based on
  513  severity of trauma patients for the most recent calendar year
  514  available. The determination of severity for distribution of
  515  funds under this subparagraph shall be based on the department’s
  516  International Classification Injury Severity Scores or another
  517  statistically valid and scientifically accepted method of
  518  stratifying a trauma patient’s severity of injury, risk of
  519  mortality, and resource consumption as adopted by the department
  520  by rule, weighted based on the costs associated with and
  521  incurred by the trauma center in treating trauma patients. The
  522  weighting of scores shall be established by the department by
  523  rule.
  524         4.Two percent of the total funds collected shall be
  525  distributed to hospitals that qualify for distributions under s.
  526  409.911(4), that are not verified trauma centers but are located
  527  in trauma services areas defined under s. 395.402, and that do
  528  not have a verified trauma center based on their proportionate
  529  number of emergency room visits on an annual basis. The Agency
  530  for Health Care Administration shall provide the department with
  531  a list of hospitals and emergency room visits.
  532         5.Two percent of the total funds collected shall be
  533  distributed to provide an enhanced Medicaid payment to nursing
  534  homes that serve residents who require ventilator care and are
  535  Medicaid recipients.
  536         (b) Funds collected under s. 318.18(5)(c) and (19) shall be
  537  distributed as follows:
  538         1. Thirty percent of the total funds collected shall be
  539  distributed to Level II trauma centers operated by a public
  540  hospital governed by an elected board of directors as of
  541  December 31, 2008.
  542         2. Thirty-five percent of the total funds collected shall
  543  be distributed to verified trauma centers based on trauma
  544  caseload volume for the most recent calendar year available. The
  545  determination of caseload volume for distribution of funds under
  546  this subparagraph shall be based on the department’s Trauma
  547  Registry data.
  548         3. Thirty-five percent of the total funds collected shall
  549  be distributed to verified trauma centers based on severity of
  550  trauma patients for the most recent calendar year available. The
  551  determination of severity for distribution of funds under this
  552  subparagraph shall be based on the department’s International
  553  Classification Injury Severity Scores or another statistically
  554  valid and scientifically accepted method of stratifying a trauma
  555  patient’s severity of injury, risk of mortality, and resource
  556  consumption as adopted by the department by rule, weighted based
  557  on the costs associated with and incurred by the trauma center
  558  in treating trauma patients. The weighting of scores shall be
  559  established by the department by rule.
  560         Section 12. If any provision of this act or its application
  561  to any person or circumstance is held invalid, the invalidity
  562  does not affect other provisions or applications of this act
  563  which can be given effect without the invalid provision or
  564  application, and to this end the provisions of this act are
  565  severable.
  566         Section 13. This act shall take effect July 1, 2010.

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