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: 94 316.0076 Regulation 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: 99 316.0083 Mark 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 mustshallmeet all requirements established for 264 the uniform system, and, if a system affectswhere such systems265affectthe movement of traffic on state roads, the design of the 266 system mustshallbe reviewed and approved by the Department of 267 Transportation. 268 Section 5. Section 316.0776, Florida Statutes, is created 269 to read: 270 316.0776 Traffic 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-eighttwenty-fivedollars 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$65shall 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 useutilizefunds 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. EighteenTwentypercent 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-nineFortypercent 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-nineFortypercent 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.