Florida Senate - 2009                      CS for CS for SB 2004
       
       
       
       By the Committees on Criminal Justice; and Transportation; and
       Senator Altman
       
       
       
       591-05194-09                                          20092004c2
    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. 316.0076, F.S.; preempting to
    6         the state the use of cameras to enforce traffic laws;
    7         creating s. 316.0083, F.S.; creating the Mark Wandall
    8         Traffic Safety Program to be administered by the
    9         Department of Transportation; requiring a county or
   10         municipality to enact an ordinance in order to use a
   11         traffic infraction detector to identify a motor
   12         vehicle that fails to stop at a traffic control signal
   13         steady red light; requiring authorization of a traffic
   14         infraction enforcement officer or a code enforcement
   15         officer to issue and enforce a ticket for such
   16         violation; requiring such detectors to meet department
   17         contract specifications; requiring signage; requiring
   18         certain public awareness procedures; requiring the
   19         ordinance to establish a fine of a certain amount;
   20         permitting the ordinance to provide for installing,
   21         maintaining, and operating such detectors on rights
   22         of-way owned or maintained by the Department of
   23         Transportation or the county; requiring the county or
   24         Department of Transportation to issue permits for the
   25         installation; prohibiting additional charges;
   26         exempting emergency vehicles; providing that the
   27         registered owner of the motor vehicle involved in the
   28         violation is responsible and liable for payment of the
   29         fine assessed; providing exceptions; providing
   30         procedures for disposition and enforcement of tickets;
   31         providing for disposition of revenue collected;
   32         providing complaint procedures; providing for the
   33         Legislature to exclude a county or municipality from
   34         the program; requiring reports from participating
   35         municipalities and counties to the department;
   36         requiring the department to make reports to the
   37         Governor and the Legislature; amending s. 316.0745,
   38         F.S.; providing that traffic infraction detectors must
   39         meet certain specifications; providing for preexisting
   40         equipment; creating s. 316.0776, F.S.; providing for
   41         placement and installation of detectors on certain
   42         roads; amending s. 316.1967, F.S.; providing for
   43         inclusion of persons having outstanding violations in
   44         a list sent to the department for enforcement
   45         purposes; amending s. 395.4036, F.S.; providing for
   46         distribution of funds to trauma centers, certain
   47         hospitals, and certain nursing homes; reenacting s.
   48         320.03(8), F.S., relating to the duties of tax
   49         collectors relative to motor vehicle registration and
   50         license plate distribution, to incorporate the
   51         amendments made to s. 316.1967, F.S., in a reference
   52         thereto; providing for severability; providing an
   53         effective date.
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. This act may be cited as the “Mark Wandall
   58  Traffic Safety Act.”
   59         Section 2. Subsection (86) is added to section 316.003,
   60  Florida Statutes, to read:
   61         316.003 Definitions.—The following words and phrases, when
   62  used in this chapter, shall have the meanings respectively
   63  ascribed to them in this section, except where the context
   64  otherwise requires:
   65         (86)TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
   66  installed to work in conjunction with a traffic control signal
   67  and a camera or cameras synchronized to automatically record two
   68  or more sequenced photographic or electronic images or streaming
   69  video of only the rear of a motor vehicle at the time the
   70  vehicle fails to stop behind the stop bar or clearly marked stop
   71  line when facing a traffic control signal steady red light. Any
   72  ticket issued by the use of a traffic infraction detector must
   73  include a photograph or other recorded image showing both the
   74  license tag of the offending vehicle and the traffic control
   75  device being violated.
   76         Section 3. Section 316.0076, Florida Statutes, is created
   77  to read:
   78         316.0076Regulation and use of cameras.—Regulation and use
   79  of cameras for enforcing the provisions of this chapter are
   80  expressly preempted to the state.
   81         Section 4. Section 316.0083, Florida Statutes, is created
   82  to read:
   83         316.0083Mark Wandall Traffic Safety Program;
   84  administration; report.—
   85         (1)There is created the Mark Wandall Traffic Safety
   86  Program governing the operation of traffic infraction detectors.
   87  The program shall be administered by the Department of
   88  Transportation, shall be adopted by local ordinances, as in
   89  316.0776, and include the following provisions:
   90         (a)In order to use a traffic infraction detector, a county
   91  or municipality must enact an ordinance that provides for the
   92  use of a traffic infraction detector to enforce s.
   93  316.075(1)(c), which requires the driver of a vehicle to stop
   94  the vehicle when facing a traffic control signal steady red
   95  light on the streets and highways under the jurisdiction of the
   96  county or municipality. The traffic infraction detector must
   97  conform to any contract specifications adopted by the Department
   98  of Transportation under s. 316.0776. A county or municipality
   99  that operates a traffic infraction detector must authorize a
  100  traffic infraction enforcement officer or a code enforcement
  101  officer to issue a ticket for a violation of s. 316.075(1)(c)
  102  and to enforce the payment of the ticket for such violation.
  103  This paragraph does not authorize a traffic infraction
  104  enforcement officer or a code enforcement officer to carry a
  105  firearm or other weapon and does not authorize such an officer
  106  to make arrests. The ordinance must require signs to be posted
  107  at locations designated by the county or municipality providing
  108  notification that a traffic infraction detector may be in use.
  109  Such signage must conform to any specifications adopted by the
  110  Department of Transportation under s. 316.0745. The ordinance
  111  may provide for the county or municipality to install, maintain,
  112  and operate traffic infraction detectors on right-of-way owned
  113  or maintained by the Department of Transportation or on right
  114  of-way owned or maintained by the county or municipality in
  115  which the traffic infraction detector is to be installed. The
  116  ordinance must also require that the county or municipality make
  117  a public announcement and conduct a public awareness campaign of
  118  the proposed use of traffic infraction detectors at least 30
  119  days before commencing the enforcement program. In addition, the
  120  ordinance must establish a fine of $150 to be assessed against
  121  the registered owner of a motor vehicle that fails to stop when
  122  facing a traffic control signal steady red light as determined
  123  through the use of a traffic infraction detector. Any other
  124  provision of law to the contrary notwithstanding, an additional
  125  surcharge, fee, or cost may not be added to the civil penalty
  126  authorized by this paragraph.
  127         (b)When responding to an emergency call, an emergency
  128  vehicle is exempt from any ordinance enacted under this section.
  129         (c)A county or municipality must adopt an ordinance under
  130  this section which provides for the use of a traffic infraction
  131  detector in order to impose a fine on the registered owner of a
  132  motor vehicle for a violation of s. 316.075(1)(c). The fine
  133  shall be imposed in the same manner and is subject to the same
  134  limitations as provided for parking violations under s.
  135  316.1967. Except as specifically provided in this section,
  136  chapter 318 and s. 322.27 do not apply to a violation of s.
  137  316.075(1)(c) for which a ticket has been issued under an
  138  ordinance enacted pursuant to this section. Enforcement of a
  139  ticket issued under the ordinance is not a conviction of the
  140  operator of the motor vehicle, may not be made a part of the
  141  driving record of the operator, and may not be used for purposes
  142  of setting motor vehicle insurance rates. Points under s. 322.27
  143  may not be assessed based upon such enforcement.
  144         (d)The procedures set forth in s. 316.1967(2)-(5) apply to
  145  an ordinance enacted pursuant to this section, except that the
  146  ticket must contain the name and address of the person alleged
  147  to be liable as the registered owner of the motor vehicle
  148  involved in the violation, the license plate number of the motor
  149  vehicle, the violation charged, a copy of the photographic image
  150  or images evidencing the violation, the location where the
  151  violation occurred, the date and time of the violation,
  152  information that identifies the device that recorded the
  153  violation, and a signed statement by a specifically trained
  154  technician employed by the agency or its contractor that, based
  155  on inspection of photographs or other recorded images, the motor
  156  vehicle was being operated in violation of s. 316.075(1)(c). The
  157  ticket must advise the registered owner of the motor vehicle
  158  involved in the violation of the amount of the fine, the date by
  159  which the fine must be paid, and the procedure for contesting
  160  the violation alleged in the ticket. The ticket must contain a
  161  warning that failure to contest the violation in the manner and
  162  time provided is deemed an admission of the liability and that a
  163  default may be entered thereon. The violation shall be processed
  164  by the county or municipality that has jurisdiction over the
  165  street or highway where the violation occurred or by any entity
  166  authorized by the county or municipality to prepare and mail the
  167  ticket.
  168         (e)The ticket shall be sent by first-class mail addressed
  169  to the registered owner of the motor vehicle and postmarked no
  170  later than 30 days after the date of the violation.
  171         (f)1.The registered owner of the motor vehicle involved in
  172  a violation is responsible and liable for payment of the fine
  173  assessed under this section unless the owner can establish that:
  174         a.The motor vehicle passed through the intersection in
  175  order to yield right-of-way to an emergency vehicle or as part
  176  of a funeral procession;
  177         b.The motor vehicle passed through the intersection at the
  178  direction of a law enforcement officer;
  179         c.The motor vehicle was stolen at the time of the alleged
  180  violation;
  181         d.A uniform traffic citation was issued to the driver of
  182  the motor vehicle for the alleged violation of s. 316.075(1)(c);
  183  or
  184         e.The motor vehicle passed through the intersection due to
  185  a medical emergency.
  186         2.In order to establish any such fact, the registered
  187  owner of the vehicle must, within 30 days after receipt of
  188  notification of the alleged violation, furnish to the county or
  189  municipality, as appropriate, an affidavit that sets forth
  190  detailed information supporting an exemption as provided in sub
  191  subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c.,
  192  sub-subparagraph 1.d., or sub-subparagraph 1.e. For an exemption
  193  under sub-subparagraph 1.c., the affidavit must set forth that
  194  the vehicle was stolen and be accompanied by a copy of the
  195  police report indicating that the vehicle was stolen at the time
  196  of the alleged violation. For an exemption under sub
  197  subparagraph 1.d., the affidavit must set forth that a citation
  198  was issued and be accompanied by a copy of the citation
  199  indicating the time of the alleged violation and the location of
  200  the intersection where it occurred.
  201         (g)A person may contest the determination that the person
  202  failed to stop at a traffic control signal steady red light as
  203  evidenced by a traffic infraction detector by electing to appear
  204  before any official authorized by law to preside over a hearing
  205  that adjudicates traffic infractions. A person who elects to
  206  appear at such hearing to present evidence is deemed to have
  207  waived the limitation of civil penalties imposed for the
  208  violation. The official, after hearing, shall determine whether
  209  the violation was committed and may impose a civil penalty not
  210  to exceed $150, and shall order the registered owner of the
  211  motor vehicle to attend a basic driver improvement course if the
  212  official finds that a violation was committed. The official may
  213  take measures to enforce the collection of any penalty not paid
  214  within the time permitted.
  215         (h)A certificate sworn to or affirmed by a person
  216  authorized under this section who is employed by or under
  217  contract with the county or municipality where the infraction
  218  occurred, or a facsimile thereof, that is based upon inspection
  219  of photographs or other recorded images produced by a traffic
  220  infraction detector, is prima facie evidence of the facts
  221  contained in the certificate. A photograph or other recorded
  222  image evidencing a violation of s. 316.075(1)(c) must be
  223  available for inspection in any proceeding to adjudicate
  224  liability under an ordinance enacted pursuant to this section.
  225         (i)In any county or municipality in which tickets are
  226  issued as provided in this section, the names of persons who
  227  have one or more outstanding violations may be included on the
  228  list authorized under s. 316.1967(6).
  229         (2)Of the fine imposed pursuant to paragraph (1)(a) or
  230  paragraph (1)(g), one-fifth shall be remitted by the county or
  231  municipality to the county court for distribution as provided in
  232  s. 318.21, one-twentieth shall be remitted to the Department of
  233  Revenue for deposit into the Educational Enhancement Trust Fund
  234  for the Department of Education, three-twentieths shall be
  235  remitted to the Department of Revenue for deposit into the
  236  Department of Health Administrative Trust Fund, and three-fifths
  237  shall be retained by the county or municipality enforcing the
  238  ordinance enacted pursuant to this section. Funds deposited into
  239  the Department of Health Administrative Trust Fund under this
  240  subsection shall be distributed as provided in s. 395.4036(1).
  241         (3)A complaint that a county or municipality is employing
  242  traffic infraction detectors for purposes other than the
  243  promotion of public health, welfare, and safety or in a manner
  244  inconsistent with this section may be submitted to the governing
  245  body of such county or municipality. Such complaints, along with
  246  any investigation and corrective action taken by the county or
  247  municipal governing body, shall be included in the annual report
  248  to the department and in the department’s annual summary report
  249  to the Governor, the President of the Senate, and the Speaker of
  250  the House Representatives, as required by this section. Based on
  251  its review of the report, the Legislature may exclude a county
  252  or municipality from further participation in the program.
  253         (4)(a)Each county or municipality that operates a traffic
  254  infraction detector shall submit an annual report to the
  255  department which details the results of using the traffic
  256  infraction detector and the procedures for enforcement.
  257         (b)The department shall provide an annual summary report
  258  to the Governor, the President of the Senate, and the Speaker of
  259  the House of Representatives regarding the use and operation of
  260  traffic infraction detectors under this section. The summary
  261  report must include a review of the information submitted to the
  262  department by the counties and municipalities and must describe
  263  the enhancement of the traffic safety and enforcement programs.
  264  The department shall report its recommendations, including any
  265  necessary legislation, on or before December 1, 2010, to the
  266  Governor, the President of the Senate, and the Speaker of the
  267  House of Representatives.
  268         Section 5. Subsection (6) of section 316.0745, Florida
  269  Statutes, is amended to read:
  270         316.0745 Uniform signals and devices.—
  271         (6)(a) Any system of traffic control devices controlled and
  272  operated from a remote location by electronic computers or
  273  similar devices must shall meet all requirements established for
  274  the uniform system, and, if where such a system affects systems
  275  affect the movement of traffic on state roads, the design of the
  276  system must shall be reviewed and approved by the Department of
  277  Transportation; however, any such equipment acquired by
  278  purchase, lease, or other arrangement under an agreement entered
  279  into by a county or municipality before the effective date of
  280  this act or equipment used to enforce an ordinance enacted by a
  281  county or municipality before the effective date of this act is
  282  not required to meet the specifications established for the
  283  uniform system until September 30, 2010.
  284         (b)Any traffic infraction detector deployed on the streets
  285  and highways of the state must meet specifications established
  286  by the Department of Transportation and must be tested at
  287  regular intervals according to procedures prescribed by that
  288  department.
  289         Section 6. Section 316.0776, Florida Statutes, is created
  290  to read:
  291         316.0776Traffic infraction detectors; placement and
  292  installation.—Placement and installation of traffic infraction
  293  detectors is allowed on the State Highway System, county roads,
  294  and municipal streets under specifications developed by the
  295  Department of Transportation, so long as safety and operation of
  296  the road facility is not impaired.
  297         Section 7. Section 316.1967, Florida Statutes, is amended
  298  to read:
  299         316.1967 Liability for payment of parking ticket violations
  300  and other parking violations.—
  301         (1) The owner of a vehicle is responsible and liable for
  302  payment of any parking ticket violation unless the owner can
  303  furnish evidence, when required by this subsection, that the
  304  vehicle was, at the time of the parking violation, in the care,
  305  custody, or control of another person. In such instances, the
  306  owner of the vehicle is required, within a reasonable time after
  307  notification of the parking violation, to furnish to the
  308  appropriate law enforcement authorities an affidavit setting
  309  forth the name, address, and driver’s license number of the
  310  person who leased, rented, or otherwise had the care, custody,
  311  or control of the vehicle. The affidavit submitted under this
  312  subsection is admissible in a proceeding charging a parking
  313  ticket violation and raises the rebuttable presumption that the
  314  person identified in the affidavit is responsible for payment of
  315  the parking ticket violation. The owner of a vehicle is not
  316  responsible for a parking ticket violation if the vehicle
  317  involved was, at the time, stolen or in the care, custody, or
  318  control of some person who did not have permission of the owner
  319  to use the vehicle. The owner of a leased vehicle is not
  320  responsible for a parking ticket violation and is not required
  321  to submit an affidavit or the other evidence specified in this
  322  section, if the vehicle is registered in the name of the person
  323  who leased the vehicle.
  324         (2) Any person who is issued a county or municipal parking
  325  ticket by a parking enforcement specialist or officer is deemed
  326  to be charged with a noncriminal violation and shall comply with
  327  the directions on the ticket. If payment is not received or a
  328  response to the ticket is not made within the time period
  329  specified thereon, the county court or its traffic violations
  330  bureau shall notify the registered owner of the vehicle that was
  331  cited, or the registered lessee when the cited vehicle is
  332  registered in the name of the person who leased the vehicle, by
  333  mail to the address given on the motor vehicle registration, of
  334  the ticket. Mailing the notice to this address constitutes
  335  notification. Upon notification, the registered owner or
  336  registered lessee shall comply with the court’s directive.
  337         (3) Any person who fails to satisfy the court’s directive
  338  waives his or her right to pay the applicable civil penalty.
  339         (4) Any person who elects to appear before a designated
  340  official to present evidence waives his or her right to pay the
  341  civil penalty provisions of the ticket. The official, after a
  342  hearing, shall make a determination as to whether a parking
  343  violation has been committed and may impose a civil penalty not
  344  to exceed $100 or the fine amount designated by county
  345  ordinance, plus court costs. Any person who fails to pay the
  346  civil penalty within the time allowed by the court is deemed to
  347  have been convicted of a parking ticket violation, and the court
  348  shall take appropriate measures to enforce collection of the
  349  fine.
  350         (5) Any provision of subsections (2), (3), and (4) to the
  351  contrary notwithstanding, chapter 318 does not apply to
  352  violations of county parking ordinances and municipal parking
  353  ordinances.
  354         (6) Any county or municipality may provide by ordinance
  355  that the clerk of the court or the traffic violations bureau
  356  shall supply the department with a magnetically encoded computer
  357  tape reel or cartridge or send by other electronic means data
  358  which is machine readable by the installed computer system at
  359  the department, listing persons who have three or more
  360  outstanding parking violations, including violations of s.
  361  316.1955, or who have one or more outstanding tickets for a
  362  violation of a traffic control signal steady red light
  363  indication issued pursuant to an ordinance adopted under s.
  364  316.0083. Each county shall provide by ordinance that the clerk
  365  of the court or the traffic violations bureau shall supply the
  366  department with a magnetically encoded computer tape reel or
  367  cartridge or send by other electronic means data that is machine
  368  readable by the installed computer system at the department,
  369  listing persons who have any outstanding violations of s.
  370  316.1955 or any similar local ordinance that regulates parking
  371  in spaces designated for use by persons who have disabilities.
  372  The department shall mark the appropriate registration records
  373  of persons who are so reported. Section 320.03(8) applies to
  374  each person whose name appears on the list.
  375         Section 8. Subsection (1) of section 395.4036, Florida
  376  Statutes, is amended to read:
  377         395.4036 Trauma payments.—
  378         (1) Recognizing the Legislature’s stated intent to provide
  379  financial support to the current verified trauma centers and to
  380  provide incentives for the establishment of additional trauma
  381  centers as part of a system of state-sponsored trauma centers,
  382  the department shall use utilize funds collected under ss.
  383  316.0083 and s. 318.18(15) and deposited into the Administrative
  384  Trust Fund of the department to ensure the availability and
  385  accessibility of trauma and emergency services throughout the
  386  state as provided in this subsection.
  387         (a)Funds collected under ss. 316.0083 and 318.18(15) shall
  388  be distributed as follows:
  389         1.(a) Twenty percent of the total funds collected under s.
  390  316.0083 and 18 percent of the total funds collected under s.
  391  318.18(15) this subsection during the state fiscal year shall be
  392  distributed to verified trauma centers that have a local funding
  393  contribution as of December 31. Distribution of funds under this
  394  paragraph shall be based on trauma caseload volume for the most
  395  recent calendar year available.
  396         2.(b) Thirty-nine percent of the total funds collected
  397  under s. 316.0083 and 40 Forty percent of the total funds
  398  collected under s. 318.18(15) this subsection shall be
  399  distributed to verified trauma centers based on trauma caseload
  400  volume for the most recent calendar year available. The
  401  determination of caseload volume for distribution of funds under
  402  this paragraph shall be based on the department’s Trauma
  403  Registry data.
  404         3.(c)Thirty-nine percent of the total funds collected
  405  under s. 316.0083 and 40 Forty percent of the total funds
  406  collected under s. 318.18(15) this subsection shall be
  407  distributed to verified trauma centers based on severity of
  408  trauma patients for the most recent calendar year available. The
  409  determination of severity for distribution of funds under this
  410  paragraph shall be based on the department’s International
  411  Classification Injury Severity Scores or another statistically
  412  valid and scientifically accepted method of stratifying a trauma
  413  patient’s severity of injury, risk of mortality, and resource
  414  consumption as adopted by the department by rule, weighted based
  415  on the costs associated with and incurred by the trauma center
  416  in treating trauma patients. The weighting of scores shall be
  417  established by the department by rule.
  418         4.Two percent of the total funds collected under s.
  419  316.0083 shall be distributed to public hospitals that qualify
  420  for distributions under s. 409.911(4), that are not verified
  421  trauma centers but are located in trauma services areas defined
  422  under s. 395.402, and that do not have a verified trauma center
  423  based on their proportionate number of emergency room visits on
  424  an annual basis. The Agency for Health Care Administration shall
  425  provide the department with a list of public hospitals and
  426  emergency room visits.
  427         5.Two percent of the total funds collected under s.
  428  318.18(15) shall be distributed to provide an enhanced Medicaid
  429  payment to nursing homes that serve residents who have brain and
  430  spinal cord injuries and are Medicaid recipients.
  431         (b) Funds deposited in the department’s Administrative
  432  Trust Fund for verified trauma centers may be used to maximize
  433  the receipt of federal funds that may be available for such
  434  trauma centers and public hospitals eligible for nontrauma funds
  435  under (a)4. Notwithstanding this section and s. 318.14,
  436  distributions to trauma centers may be adjusted in a manner to
  437  ensure that total payments to trauma centers represent the same
  438  proportional allocation as set forth in this section and s.
  439  318.14. For purposes of this section and s. 318.14, total funds
  440  distributed to trauma centers may include revenue from the
  441  Administrative Trust Fund and federal funds for which revenue
  442  from the Administrative Trust Fund is used to meet state or
  443  local matching requirements. Funds collected under ss. 318.14,
  444  316.0083, and 318.18(15) and deposited in the Administrative
  445  Trust Fund of the department shall be distributed to trauma
  446  centers and public hospitals eligible for nontrauma funds under
  447  (a)4. on a quarterly basis using the most recent calendar year
  448  data available. Such data shall not be used for more than four
  449  quarterly distributions unless there are extenuating
  450  circumstances as determined by the department, in which case the
  451  most recent calendar year data available shall continue to be
  452  used and appropriate adjustments shall be made as soon as the
  453  more recent data becomes available.
  454         Section 9. For the purpose of incorporating the amendment
  455  made by this act to section 316.1967, Florida Statutes, in a
  456  reference thereto, subsection (8) of section 320.03, Florida
  457  Statutes, is reenacted to read:
  458         320.03 Registration; duties of tax collectors;
  459  International Registration Plan.—
  460         (8) If the applicant’s name appears on the list referred to
  461  in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a license
  462  plate or revalidation sticker may not be issued until that
  463  person’s name no longer appears on the list or until the person
  464  presents a receipt from the clerk showing that the fines
  465  outstanding have been paid. This subsection does not apply to
  466  the owner of a leased vehicle if the vehicle is registered in
  467  the name of the lessee of the vehicle. The tax collector and the
  468  clerk of the court are each entitled to receive monthly, as
  469  costs for implementing and administering this subsection, 10
  470  percent of the civil penalties and fines recovered from such
  471  persons. As used in this subsection, the term “civil penalties
  472  and fines” does not include a wrecker operator’s lien as
  473  described in s. 713.78(13). If the tax collector has private tag
  474  agents, such tag agents are entitled to receive a pro rata share
  475  of the amount paid to the tax collector, based upon the
  476  percentage of license plates and revalidation stickers issued by
  477  the tag agent compared to the total issued within the county.
  478  The authority of any private agent to issue license plates shall
  479  be revoked, after notice and a hearing as provided in chapter
  480  120, if he or she issues any license plate or revalidation
  481  sticker contrary to the provisions of this subsection. This
  482  section applies only to the annual renewal in the owner’s birth
  483  month of a motor vehicle registration and does not apply to the
  484  transfer of a registration of a motor vehicle sold by a motor
  485  vehicle dealer licensed under this chapter, except for the
  486  transfer of registrations which is inclusive of the annual
  487  renewals. This section does not affect the issuance of the title
  488  to a motor vehicle, notwithstanding s. 319.23(7)(b).
  489         Section 10. If any provision of this act or its application
  490  to any person or circumstance is held invalid, the invalidity
  491  does not affect other provisions or applications of this act
  492  which can be given effect without the invalid provision or
  493  application, and to this end the provisions of this act are
  494  severable.
  495         Section 11. This act shall take effect upon becoming a law.