Bill Text: FL S0294 | 2010 | Regular Session | Introduced
Bill Title: Mark Wandall Traffic Safety Act [WPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Transportation, companion bill(s) passed, see CS/CS/HB 325 (Ch. 2010-80) [S0294 Detail]
Download: Florida-2010-S0294-Introduced.html
Florida Senate - 2010 SB 294 By Senator Bennett 21-00428A-10 2010294__ 1 A bill to be entitled 2 An act relating to uniform traffic control; creating 3 the “Mark Wandall Traffic Safety Act”; amending s. 4 316.003, F.S.; defining the term “traffic infraction 5 detector”; creating s. 316.0083, F.S.; creating the 6 Mark Wandall Traffic Safety Program to be administered 7 by the Department of Transportation; requiring a 8 county or municipality to enact an ordinance in order 9 to use a traffic infraction detector to identify a 10 motor vehicle that fails to stop at a traffic control 11 signal steady red light; requiring such detectors to 12 meet department contract specifications; requiring 13 authorization of a traffic infraction enforcement 14 officer or a code enforcement officer to issue and 15 enforce a ticket for such violation; requiring 16 signage; requiring certain public awareness 17 procedures; requiring the ordinance to establish a 18 fine of a certain amount; requiring the ordinance to 19 provide for installing, maintaining, and operating 20 such detectors on rights-of-way owned or maintained by 21 the department, county, or municipality; prohibiting 22 additional charges; exempting emergency vehicles; 23 providing that the registered owner of the motor 24 vehicle involved in the violation is responsible and 25 liable for payment of the fine assessed; providing 26 exceptions; providing procedures for disposition and 27 enforcement of tickets; providing for a person to 28 contest such ticket; providing for disposition of 29 revenue collected; providing complaint procedures; 30 providing for the Legislature to exclude a county or 31 municipality from the program; requiring reports from 32 participating municipalities and counties to the 33 department; requiring the department to make reports 34 to the Governor and the Legislature; amending s. 35 316.0745, F.S.; providing that traffic infraction 36 detectors must meet certain specifications; creating 37 s. 316.07456, F.S.; providing for preexisting 38 equipment; requiring counties and municipalities that 39 enacted an ordinance to enforce red light violations 40 or entered into a contract to purchase or lease 41 equipment to enforce red light violations before the 42 effective date of this act to charge a certain penalty 43 amount; requiring counties or municipalities that have 44 acquired such equipment pursuant to an agreement 45 entered into before the effective date of this act to 46 make certain payments to the state; providing for 47 future expiration of such provisions; creating s. 48 316.0776, F.S.; providing for placement and 49 installation of detectors on the State Highway System, 50 county roads, and city streets; amending s. 316.1967, 51 F.S.; providing for inclusion of persons with 52 outstanding violations in a list sent to the 53 Department of Highway Safety and Motor Vehicles for 54 enforcement purposes; amending s. 395.4036, F.S.; 55 providing for distribution of funds to trauma centers, 56 certain hospitals, certain nursing homes, and certain 57 health units and programs, to be used for specified 58 purposes; correcting a cross-reference; ratifying 59 prior enforcement actions; providing for severability; 60 providing an effective date. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. This act may be cited as the “Mark Wandall 65 Traffic Safety Act.” 66 Section 2. Subsection (86) is added to section 316.003, 67 Florida Statutes, to read: 68 316.003 Definitions.—The following words and phrases, when 69 used in this chapter, shall have the meanings respectively 70 ascribed to them in this section, except where the context 71 otherwise requires: 72 (86) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor 73 installed to work in conjunction with a traffic control signal 74 and a camera or cameras synchronized to automatically record two 75 or more sequenced photographic or electronic images or streaming 76 video of only the rear of a motor vehicle at the time the 77 vehicle fails to stop behind the stop bar or clearly marked stop 78 line when facing a traffic control signal steady red light. Any 79 ticket issued by the use of a traffic infraction detector must 80 include a photograph or other recorded image showing both the 81 license tag of the offending vehicle and the traffic control 82 device being violated. 83 Section 3. Section 316.0083, Florida Statutes, is created 84 to read: 85 316.0083 Mark Wandall Traffic Safety Program; 86 administration; report.— 87 (1) There is created the Mark Wandall Traffic Safety 88 Program governing the operation of traffic infraction detectors. 89 The program shall be administered by the Department of 90 Transportation and shall include the following provisions: 91 (a) In order to use a traffic infraction detector, a county 92 or municipality must enact an ordinance that provides for the 93 use of a traffic infraction detector to enforce s. 94 316.075(1)(c), which requires the driver of a vehicle to stop 95 the vehicle when facing a traffic control signal steady red 96 light on the streets and highways under the jurisdiction of the 97 county or municipality. The traffic infraction detector must 98 conform to the contract specifications adopted by the Department 99 of Transportation under s. 316.0776. A county or municipality 100 may install such detectors on state, county, or municipal 101 rights-of-way within the boundaries of that county or 102 municipality. Only a municipality may install or authorize the 103 installation of any such detectors within the incorporated area 104 of the municipality. A municipality may authorize the state or 105 county to install such detectors within its incorporated area. 106 Only a county may install or authorize the installation of any 107 such detectors within the unincorporated area of the county. A 108 county may authorize the state to install such detectors in the 109 unincorporated area of the county. A county or municipality that 110 operates a traffic infraction detector must authorize a traffic 111 infraction enforcement officer or a code enforcement officer to 112 issue a ticket for a violation of s. 316.075(1)(c) and to 113 enforce the payment of the ticket for such violation. This 114 paragraph does not authorize a traffic infraction enforcement 115 officer or a code enforcement officer to carry a firearm or 116 other weapon and does not authorize such an officer to make 117 arrests. The ordinance must require signs to be posted at 118 locations designated by the county or municipality providing 119 notification that a traffic infraction detector may be in use. 120 Such signage must conform to the specifications adopted by the 121 Department of Transportation under s. 316.0745. The ordinance 122 must provide for the county or municipality to install, 123 maintain, and operate traffic infraction detectors on a right 124 of-way owned or maintained by the Department of Transportation 125 or on a right-of-way owned or maintained by the county or 126 municipality in which the traffic infraction detector is to be 127 installed. The ordinance must also require that the county or 128 municipality make a public announcement and conduct a public 129 awareness campaign of the proposed use of traffic infraction 130 detectors at least 30 days before commencing the enforcement 131 program. In addition, the ordinance must establish a fine of 132 $150 to be assessed against the registered owner of a motor 133 vehicle that fails to stop when facing a traffic control signal 134 steady red light as determined through the use of a traffic 135 infraction detector. Any other provision of law to the contrary 136 notwithstanding, an additional surcharge, fee, or cost may not 137 be added to the civil penalty authorized by this paragraph. 138 (b) When responding to an emergency call, an emergency 139 vehicle is exempt from any ordinance enacted under this section. 140 (c) A county or municipality must adopt an ordinance under 141 this section that provides for the use of a traffic infraction 142 detector in order to impose a fine on the registered owner of a 143 motor vehicle for a violation of s. 316.075(1)(c). The fine 144 shall be imposed in the same manner and is subject to the same 145 limitations as provided for parking violations under s. 146 316.1967. Except as specifically provided in this section, 147 chapter 318 and s. 322.27 do not apply to a violation of s. 148 316.075(1)(c) for which a ticket has been issued under an 149 ordinance enacted pursuant to this section. Enforcement of a 150 ticket issued under the ordinance is not a conviction of the 151 operator of the motor vehicle, may not be made a part of the 152 driving record of the operator, and may not be used for purposes 153 of setting motor vehicle insurance rates. Points under s. 322.27 154 may not be assessed based upon such enforcement. 155 (d) The procedures set forth in s. 316.1967(2)-(5) apply to 156 an ordinance enacted pursuant to this section, except that the 157 ticket must contain the name and address of the person alleged 158 to be liable as the registered owner of the motor vehicle 159 involved in the violation, the tag number of the motor vehicle, 160 the violation charged, a copy of the photographic image or 161 images evidencing the violation, the location where the 162 violation occurred, the date and time of the violation, 163 information that identifies the device that recorded the 164 violation, and a signed statement by a specifically trained 165 technician employed by the agency or its contractor that, based 166 on inspection of photographs or other recorded images, the motor 167 vehicle was being operated in violation of s. 316.075(1)(c). The 168 ticket must advise the registered owner of the motor vehicle 169 involved in the violation of the amount of the fine, the date by 170 which the fine must be paid, and the procedure for contesting 171 the violation alleged in the ticket. The ticket must contain a 172 warning that failure to contest the violation in the manner and 173 time provided is deemed an admission of the liability and that a 174 default may be entered thereon. The violation shall be processed 175 by the county or municipality that has jurisdiction over the 176 street or highway where the violation occurred or by any entity 177 authorized by the county or municipality to prepare and mail the 178 ticket. 179 (e) The ticket shall be sent by first-class mail, addressed 180 to the registered owner of the motor vehicle, and postmarked no 181 later than 30 days after the date of the violation. 182 (f)1. The registered owner of the motor vehicle involved in 183 a violation is responsible and liable for payment of the fine 184 assessed pursuant to this section unless the owner can establish 185 that: 186 a. The motor vehicle passed through the intersection in 187 order to yield right-of-way to an emergency vehicle or as part 188 of a funeral procession; 189 b. The motor vehicle passed through the intersection at the 190 direction of a law enforcement officer; 191 c. The motor vehicle was stolen at the time of the alleged 192 violation; 193 d. The motor vehicle passed through the intersection 194 because the driver was responding to a medical emergency; or 195 e. A uniform traffic citation was issued to the driver of 196 the motor vehicle for the alleged violation of s. 316.075(1)(c). 197 2. In order to establish any such fact, the registered 198 owner of the vehicle must, within 30 days after receipt of 199 notification of the alleged violation, furnish to the county or 200 municipality, as appropriate, an affidavit that sets forth 201 detailed information supporting an exemption under sub 202 subparagraph 1.a., sub-subparagraph 1.b., sub-subparagraph 1.c., 203 or sub-subparagraph 1.e. For an exemption under sub-subparagraph 204 1.c., the affidavit must set forth that the vehicle was stolen 205 and be accompanied by a copy of the police report indicating 206 that the vehicle was stolen at the time of the alleged 207 violation. For an exemption under sub-subparagraph 1.e., the 208 affidavit must set forth that a citation was issued and be 209 accompanied by a copy of the citation indicating the time of the 210 alleged violation and the location of the intersection where it 211 occurred. 212 (g) A person may contest the determination that such person 213 failed to stop at a traffic control signal steady red light as 214 evidenced by a traffic infraction detector by electing to appear 215 before any judge or hearing officer authorized by law to preside 216 over a hearing that adjudicates traffic infractions. A person 217 who elects to appear before the judge or hearing officer to 218 present evidence is deemed to have waived the limitation of 219 civil penalties imposed for the violation. The judge or hearing 220 officer, after hearing, shall determine whether the violation 221 was committed and may impose a civil penalty not to exceed $150 222 plus costs. The judge or hearing officer may take appropriate 223 measures to enforce the collection of any penalty not paid 224 within the time permitted by the county, municipality, or court. 225 (h) A certificate sworn to or affirmed by a person 226 authorized under this section who is employed by or under 227 contract with the county or municipality where the infraction 228 occurred, or a facsimile thereof that is based upon inspection 229 of photographs or other recorded images produced by a traffic 230 infraction detector, is prima facie evidence of the facts 231 contained in the certificate. A photograph or other recorded 232 image evidencing a violation of s. 316.075(1)(c) must be 233 available for inspection in any proceeding to adjudicate 234 liability under an ordinance enacted pursuant to this section. 235 (i) In any county or municipality in which tickets are 236 issued as provided in this section, the names of persons who 237 have one or more outstanding violations may be included on the 238 list authorized under s. 316.1967(6). 239 (2) Of the fine imposed pursuant to paragraph (1)(a) or 240 paragraph (1)(g), $55 shall be remitted by the county or 241 municipality to the Department of Revenue for deposit into the 242 General Revenue Fund, $20 shall be remitted to the Department of 243 Revenue for deposit into the Department of Health Administrative 244 Trust Fund, and $75 shall be retained by the county or 245 municipality enforcing the ordinance enacted pursuant to this 246 section. Funds deposited into the Department of Health 247 Administrative Trust Fund under this subsection shall be 248 distributed as provided in s. 395.4036(1). 249 (3) A complaint that a county or municipality is employing 250 traffic infraction detectors for purposes other than the 251 promotion of public health, welfare, and safety or in a manner 252 inconsistent with this section may be submitted to the governing 253 body of such county or municipality. Such complaints, along with 254 any investigation and corrective action taken by the county or 255 municipal governing body, shall be included in the annual report 256 to the Department of Transportation and in that department’s 257 annual summary report to the Governor, the President of the 258 Senate, and the Speaker of the House Representatives, as 259 required by this section. Based on its review of the report, the 260 Legislature may exclude a county or municipality from further 261 participation in the program. 262 (4)(a) Each county or municipality that operates a traffic 263 infraction detector shall submit an annual report to the 264 Department of Transportation that details the results of using 265 the traffic infraction detector and the procedures for 266 enforcement. 267 (b) The Department of Transportation shall provide an 268 annual summary report to the Governor, the President of the 269 Senate, and the Speaker of the House of Representatives 270 regarding the use and operation of traffic infraction detectors 271 under this section. The summary report must include a review of 272 the information submitted to the Department of Transportation by 273 the counties and municipalities and must describe the 274 enhancement of the traffic safety and enforcement programs. The 275 Department of Transportation shall report its recommendations, 276 including any necessary legislation, on or before December 1, 277 2010, to the Governor, the President of the Senate, and the 278 Speaker of the House of Representatives. 279 Section 4. Subsection (6) of section 316.0745, Florida 280 Statutes, is amended to read: 281 316.0745 Uniform signals and devices.— 282 (6) Any system of traffic control devices controlled and 283 operated from a remote location by electronic computers or 284 similar devices mustshallmeet all requirements established for 285 the uniform system, and, ifwheresuch a system affectssystems286affectthe movement of traffic on state roads, the design of the 287 system mustshallbe reviewed and approved by the Department of 288 Transportation. 289 Section 5. Section 316.07456, Florida Statutes, is created 290 to read: 291 316.07456 Grandfather clause.— 292 (1) Any traffic infraction detector deployed on the streets 293 and highways of the state must meet the contract specifications 294 established by the Department of Transportation and must be 295 tested at regular intervals according to procedures prescribed 296 by that department. 297 (2) Notwithstanding any provision of law to the contrary, 298 before September 30, 2011, nothing in this act shall prohibit 299 any county or municipality from using red light traffic 300 enforcement devices of any type or from enforcing violations of 301 s. 316.074(1) or s. 316.075(1)(c) or other red light traffic 302 enforcement ordinances if such county or municipality has 303 enacted an ordinance to enforce red light violations or has 304 entered into a contract to purchase or lease equipment to 305 enforce red light violations before the effective date of this 306 act. 307 (3) Counties and municipalities using grandfathered 308 equipment pursuant to subsection (2) shall charge violators a 309 $150 penalty. Of that penalty, $55 shall be remitted by the 310 county or municipality to the Department of Revenue for deposit 311 into the General Revenue Fund, $20 shall be remitted to the 312 Department of Revenue for deposit into the Department of Health 313 Administrative Trust Fund, and $75 shall be retained by the 314 county or municipality. Funds deposited into the Department of 315 Health Administrative Trust Fund under this subsection shall be 316 distributed as provided in s. 395.4036(1)(a) as if such funds 317 had been collected under s. 316.0083. 318 (4) This section expires October 1, 2011. 319 Section 6. Section 316.0776, Florida Statutes, is created 320 to read: 321 316.0776 Traffic infraction detectors; placement and 322 installation.—Placement and installation of traffic infraction 323 detectors is allowed on the State Highway System, county roads, 324 and city streets pursuant to specifications developed by the 325 Department of Transportation, so long as the safety and 326 operation of the road facility is not impaired. 327 Section 7. Section 316.1967, Florida Statutes, is amended 328 to read: 329 316.1967 Liability for payment of parking ticket violations 330 and otherparkingviolations.— 331 (1) The owner of a vehicle is responsible and liable for 332 payment of any parking ticket violation unless the owner can 333 furnish evidence, when required by this subsection, that the 334 vehicle was, at the time of the parking violation, in the care, 335 custody, or control of another person. In such instances, the 336 owner of the vehicle is required, within a reasonable time after 337 notification of the parking violation, to furnish to the 338 appropriate law enforcement authorities an affidavit setting 339 forth the name, address, and driver’s license number of the 340 person who leased, rented, or otherwise had the care, custody, 341 or control of the vehicle. The affidavit submitted under this 342 subsection is admissible in a proceeding charging a parking 343 ticket violation and raises the rebuttable presumption that the 344 person identified in the affidavit is responsible for payment of 345 the parking ticket violation. The owner of a vehicle is not 346 responsible for a parking ticket violation if the vehicle 347 involved was, at the time, stolen or in the care, custody, or 348 control of some person who did not have permission of the owner 349 to use the vehicle. The owner of a leased vehicle is not 350 responsible for a parking ticket violation and is not required 351 to submit an affidavit or the other evidence specified in this 352 section, if the vehicle is registered in the name of the person 353 who leased the vehicle. 354 (2) Any person who is issued a county or municipal parking 355 ticket by a parking enforcement specialist or officer is deemed 356 to be charged with a noncriminal violation and shall comply with 357 the directions on the ticket. If payment is not received or a 358 response to the ticket is not made within the time period 359 specified thereon, the county court or its traffic violations 360 bureau shall notify the registered owner of the vehicle that was 361 cited, or the registered lessee when the cited vehicle is 362 registered in the name of the person who leased the vehicle, by 363 mail to the address given on the motor vehicle registration, of 364 the ticket. Mailing the notice to this address constitutes 365 notification. Upon notification, the registered owner or 366 registered lessee shall comply with the court’s directive. 367 (3) Any person who fails to satisfy the court’s directive 368 waives his or her right to pay the applicable civil penalty. 369 (4) Any person who elects to appear before a designated 370 official to present evidence waives his or her right to pay the 371 civil penalty provisions of the ticket. The official, after a 372 hearing, shall make a determination as to whether a parking 373 violation has been committed and may impose a civil penalty not 374 to exceed $100 or the fine amount designated by county 375 ordinance, plus court costs. Any person who fails to pay the 376 civil penalty within the time allowed by the court is deemed to 377 have been convicted of a parking ticket violation, and the court 378 shall take appropriate measures to enforce collection of the 379 fine. 380 (5) Any provision of subsections (2), (3), and (4) to the 381 contrary notwithstanding, chapter 318 does not apply to 382 violations of county parking ordinances and municipal parking 383 ordinances. 384 (6) Any county or municipality may provide by ordinance 385 that the clerk of the court or the traffic violations bureau 386 shall supply the department with a magnetically encoded computer 387 tape reel or cartridge or send by other electronic means data 388 which is machine readable by the installed computer system at 389 the department, listing persons who have three or more 390 outstanding parking violations, including violations of s. 391 316.1955, or who have one or more outstanding tickets for a 392 violation of a traffic control signal steady red light 393 indication issued pursuant to an ordinance adopted under s. 394 316.0083. Each county shall provide by ordinance that the clerk 395 of the court or the traffic violations bureau shall supply the 396 department with a magnetically encoded computer tape reel or 397 cartridge or send by other electronic means data that is machine 398 readable by the installed computer system at the department, 399 listing persons who have any outstanding violations of s. 400 316.1955 or any similar local ordinance that regulates parking 401 in spaces designated for use by persons who have disabilities. 402 The department shall mark the appropriate registration records 403 of persons who are so reported. Section 320.03(8) applies to 404 each person whose name appears on the list. 405 Section 8. Subsections (1) and (2) of section 395.4036, 406 Florida Statutes, are amended to read: 407 395.4036 Trauma payments.— 408 (1) Recognizing the Legislature’s stated intent to provide 409 financial support to the current verified trauma centers and to 410 provide incentives for the establishment of additional trauma 411 centers as part of a system of state-sponsored trauma centers, 412 the department shall useutilizefunds collected under ss. 413 316.0083 ands.318.18 and deposited into the Administrative 414 Trust Fund of the department to ensure the availability and 415 accessibility of trauma and emergency services throughout the 416 state as provided in this subsection. 417 (a) Funds collected under ss. 316.0083 ands.318.18(15) 418 shall be distributed as follows: 419 1. Eighteen percent of the total funds collected under s. 420 316.0083 and 20Twentypercent of the total funds collected 421 under s. 318.18(15) during the state fiscal year shall be 422 distributed to verified trauma centers that have a local funding 423 contribution as of December 31. Distribution of funds under this 424 subparagraph shall be based on trauma caseload volume for the 425 most recent calendar year available. 426 2. Thirty-eight percent of the total funds collected under 427 s. 316.0083 and 40Fortypercent of the total funds collected 428 under s. 318.18(15) shall be distributed to verified trauma 429 centers based on trauma caseload volume for the most recent 430 calendar year available. The determination of caseload volume 431 for distribution of funds under this subparagraph shall be based 432 on the department’s Trauma Registry data. 433 3. Thirty-eight percent of the total funds collected under 434 s. 316.0083 and 40Fortypercent of the total funds collected 435 under s. 318.18(15) shall be distributed to verified trauma 436 centers based on severity of trauma patients for the most recent 437 calendar year available. The determination of severity for 438 distribution of funds under this subparagraph shall be based on 439 the department’s International Classification Injury Severity 440 Scores or another statistically valid and scientifically 441 accepted method of stratifying a trauma patient’s severity of 442 injury, risk of mortality, and resource consumption as adopted 443 by the department by rule, weighted based on the costs 444 associated with and incurred by the trauma center in treating 445 trauma patients. The weighting of scores shall be established by 446 the department by rule. 447 4. Three percent of the total funds collected under s. 448 316.0083 shall be distributed to public hospitals that qualify 449 for distributions under s. 409.911(4), that are not verified 450 trauma centers but are located in trauma service areas, as 451 defined under s. 395.402, and that do not have a verified trauma 452 center based on their proportionate number of emergency room 453 visits on an annual basis. The Agency for Health Care 454 Administration shall provide the department with a list of 455 public hospitals and emergency room visits. 456 5. Three percent of the total funds collected under s. 457 316.0083 shall be distributed equally to crisis stabilization 458 units, rural health initiatives, and community-based support 459 programs that provide supports and services for individuals who 460 have sustained a traumatic brain injury. 461 (b) Funds collected under s. 318.18(5)(c) and (20)(19)462 shall be distributed as follows: 463 1. Thirty percent of the total funds collected shall be 464 distributed to Level II trauma centers operated by a public 465 hospital governed by an elected board of directors as of 466 December 31, 2008. 467 2. Thirty-five percent of the total funds collected shall 468 be distributed to verified trauma centers based on trauma 469 caseload volume for the most recent calendar year available. The 470 determination of caseload volume for distribution of funds under 471 this subparagraph shall be based on the department’s Trauma 472 Registry data. 473 3. Thirty-five percent of the total funds collected shall 474 be distributed to verified trauma centers based on severity of 475 trauma patients for the most recent calendar year available. The 476 determination of severity for distribution of funds under this 477 subparagraph shall be based on the department’s International 478 Classification Injury Severity Scores or another statistically 479 valid and scientifically accepted method of stratifying a trauma 480 patient’s severity of injury, risk of mortality, and resource 481 consumption as adopted by the department by rule, weighted based 482 on the costs associated with and incurred by the trauma center 483 in treating trauma patients. The weighting of scores shall be 484 established by the department by rule. 485 (2) Funds deposited in the department’s Administrative 486 Trust Fund for verified trauma centers may be used to maximize 487 the receipt of federal funds that may be available for such 488 trauma centers and nontrauma center public hospitals. 489 Notwithstanding this section and s. 318.14, distributions to 490 trauma centers may be adjusted in a manner to ensure that total 491 payments to trauma centers represent the same proportional 492 allocation as set forth in this section and s. 318.14. For 493 purposes of this section and s. 318.14, total funds distributed 494 to trauma centers may include revenue from the Administrative 495 Trust Fund and federal funds for which revenue from the 496 Administrative Trust Fund is used to meet state or local 497 matching requirements. Funds collected under ss. 318.14, 498 316.0083, and 318.18 and deposited in the Administrative Trust 499 Fund of the department shall be distributed to trauma centers 500 and nontrauma center public hospitals on a quarterly basis using 501 the most recent calendar year data available. Such data shall 502 not be used for more than four quarterly distributions unless 503 there are extenuating circumstances as determined by the 504 department, in which case the most recent calendar year data 505 available shall continue to be used and appropriate adjustments 506 shall be made as soon as the more recent data becomes available. 507 Section 9. This act recognizes and ratifies any enforcement 508 action taken by a county or municipality using a traffic 509 infraction detector that was installed before the effective date 510 of this act. 511 Section 10. If any provision of this act or its application 512 to any person or circumstance is held invalid, the invalidity 513 shall not affect other provisions or applications of this act 514 which can be given effect without the invalid provision or 515 application, and to this end the provisions of this act are 516 severable. 517 Section 11. This act shall take effect upon becoming a law.
