January 19, 2020
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_h5311__
HB 5311

1
A bill to be entitled
2An act relating to the Department of Health; amending s.
320.435, F.S.; revising provisions for administration and
4use of funds in the Administrative Trust Fund and the
5Emergency Medical Services Trust Fund; providing for such
6administration and use under specified provisions;
7amending ss. 318.14, 318.18, and 318.21, F.S.; providing
8that funds collected from disposition of certain motor
9vehicle infractions shall be deposited into the Emergency
10Medical Services Trust Fund; removing provisions for
11deposit of such funds into the Administrative Trust Fund;
12providing for use of the funds; correcting a reference;
13amending ss. 320.131, 327.35, 381.765, and 938.07, F.S.;
14correcting references to the Brain and Spinal Cord Injury
15Program Trust Fund; amending ss. 381.78 and 381.79, F.S.;
16correcting references; amending s. 395.403, F.S., relating
17to reimbursement of trauma centers; revising eligibility
18provisions to remove provisional trauma centers and
19certain hospitals; providing for payments to be made from
20the Emergency Medical Services Trust Fund; removing
21provisions for one-time payments from the Administrative
22Trust Fund; amending s. 395.4036, F.S.; providing for use
23of funds in the Emergency Medical Services Trust Fund for
24verified trauma centers; removing provisions for such use
25of funds in the Administrative Trust Fund; providing an
26effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Paragraph (a) of subsection (1) and paragraph
31(a) of subsection (14) of section 20.435, Florida Statutes, are
32amended to read:
33     20.435  Department of Health; trust funds.-The following
34trust funds shall be administered by the Department of Health:
35     (1)  Administrative Trust Fund.
36     (a)  Funds to be credited to and uses of the trust fund
37shall be administered in accordance with s. 215.32 consist of
38regulatory fees such as those pertaining to the licensing,
39permitting, and inspection of septic tanks, food hygiene, onsite
40sewage, Superfund compliance, solid waste management, tanning
41facilities, mobile home and recreational vehicle park
42inspection, other departmental regulatory and health care
43programs, and indirect earnings from grants. Funds shall be used
44for the purpose of supporting the regulatory activities of the
45department and for other such purposes as may be appropriate and
46shall be expended only pursuant to legislative appropriation or
47an approved amendment to the department's operating budget
48pursuant to the provisions of chapter 216.
49     (14)  Emergency Medical Services Trust Fund.
50     (a)  Funds to be credited to and uses of the trust fund
51shall be administered in accordance with ss. 318.14, 318.18,
52318.21, 395.403, and 395.4036 and the provisions of parts I and
53II of chapter 401.
54     Section 2.  Subsection (5) of section 318.14, Florida
55Statutes, is amended to read:
56     318.14  Noncriminal traffic infractions; exception;
57procedures.-
58     (5)  Any person electing to appear before the designated
59official or who is required so to appear shall be deemed to have
60waived his or her right to the civil penalty provisions of s.
61318.18. The official, after a hearing, shall make a
62determination as to whether an infraction has been committed. If
63the commission of an infraction has been proven, the official
64may impose a civil penalty not to exceed $500, except that in
65cases involving unlawful speed in a school zone or involving
66unlawful speed in a construction zone, the civil penalty may not
67exceed $1,000; or require attendance at a driver improvement
68school, or both. If the person is required to appear before the
69designated official pursuant to s. 318.19(1) and is found to
70have committed the infraction, the designated official shall
71impose a civil penalty of $1,000 in addition to any other
72penalties and the person's driver's license shall be suspended
73for 6 months. If the person is required to appear before the
74designated official pursuant to s. 318.19(2) and is found to
75have committed the infraction, the designated official shall
76impose a civil penalty of $500 in addition to any other
77penalties and the person's driver's license shall be suspended
78for 3 months. If the official determines that no infraction has
79been committed, no costs or penalties shall be imposed and any
80costs or penalties that have been paid shall be returned. Moneys
81received from the mandatory civil penalties imposed pursuant to
82this subsection upon persons required to appear before a
83designated official pursuant to s. 318.19(1) or (2) shall be
84remitted to the Department of Revenue and deposited into the
85Department of Health Emergency Medical Services Administrative
86Trust Fund to provide financial support to certified trauma
87centers to assure the availability and accessibility of trauma
88services throughout the state. Funds deposited into the
89Emergency Medical Services Administrative Trust Fund under this
90section shall be allocated as follows:
91     (a)  Fifty percent shall be allocated equally among all
92Level I, Level II, and pediatric trauma centers in recognition
93of readiness costs for maintaining trauma services.
94     (b)  Fifty percent shall be allocated among Level I, Level
95II, and pediatric trauma centers based on each center's relative
96volume of trauma cases as reported in the Department of Health
97Trauma Registry.
98     Section 3.  Paragraph (h) of subsection (3), paragraph (c)
99of subsection (5), and subsection (20) of section 318.18,
100Florida Statutes, are amended to read:
101     318.18  Amount of penalties.-The penalties required for a
102noncriminal disposition pursuant to s. 318.14 or a criminal
103offense listed in s. 318.17 are as follows:
104     (3)
105     (h)  A person cited for a second or subsequent conviction
106of speed exceeding the limit by 30 miles per hour and above
107within a 12-month period shall pay a fine that is double the
108amount listed in paragraph (b). For purposes of this paragraph,
109the term "conviction" means a finding of guilt as a result of a
110jury verdict, nonjury trial, or entry of a plea of guilty.
111Moneys received from the increased fine imposed by this
112paragraph shall be remitted to the Department of Revenue and
113deposited into the Department of Health Emergency Medical
114Services Administrative Trust Fund to provide financial support
115to certified trauma centers to assure the availability and
116accessibility of trauma services throughout the state. Funds
117deposited into the Emergency Medical Services Administrative
118Trust Fund under this section shall be allocated as follows:
119     1.  Fifty percent shall be allocated equally among all
120Level I, Level II, and pediatric trauma centers in recognition
121of readiness costs for maintaining trauma services.
122     2.  Fifty percent shall be allocated among Level I, Level
123II, and pediatric trauma centers based on each center's relative
124volume of trauma cases as reported in the Department of Health
125Trauma Registry.
126     (5)
127     (c)  In addition to the penalty under paragraph (a) or
128paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
129If the alleged offender is found to have committed the offense,
130the court shall impose the civil penalty under paragraph (a) or
131paragraph (b) plus an additional $65. The additional $65
132collected under this paragraph shall be remitted to the
133Department of Revenue for deposit into the Emergency Medical
134Services Administrative Trust Fund of the Department of Health
135to be used as provided in s. 395.4036.
136     (20)  In addition to any other penalty, $65 for a violation
137of s. 316.191, prohibiting racing on highways, or s. 316.192,
138prohibiting reckless driving. The additional $65 collected under
139this subsection shall be remitted to the Department of Revenue
140for deposit into the Emergency Medical Services Administrative
141Trust Fund of the Department of Health to be used
142s. 395.4036.
143     Section 4.  Paragraph (d) of subsection (2) and subsection
144(15) of section 318.21, Florida Statutes, are amended to read:
145     318.21  Disposition of civil penalties by county courts.-
146All civil penalties received by a county court pursuant to the
147provisions of this chapter shall be distributed and paid monthly
148as follows:
149     (2)  Of the remainder:
150     (d)  Eight and two-tenths percent shall be remitted to the
151Department of Revenue for deposit in the Brain and Spinal Cord
152Injury Program Rehabilitation Trust Fund for the purposes set
153forth in s. 381.79.
154     (15)  Of the additional fine assessed under s. 318.18(3)(e)
155for a violation of s. 316.1893, 50 percent of the moneys
156received from the fines shall be appropriated to the Agency for
157Health Care Administration as general revenue to provide an
158enhanced Medicaid payment to nursing homes that serve Medicaid
159recipients with brain and spinal cord injuries. The remaining 50
160percent of the moneys received from the enhanced fine imposed
161under s. 318.18(3)(e) shall be remitted to the Department of
162Revenue and deposited into the Department of Health Emergency
163Medical Services Administrative Trust Fund to provide financial
164support to certified trauma centers in the counties where
165enhanced penalty zones are established to ensure the
166availability and accessibility of trauma services. Funds
167deposited into the Emergency Medical Services Administrative
168Trust Fund under this subsection shall be allocated as follows:
169     (a)  Fifty percent shall be allocated equally among all
170Level I, Level II, and pediatric trauma centers in recognition
171of readiness costs for maintaining trauma services.
172     (b)  Fifty percent shall be allocated among Level I, Level
173II, and pediatric trauma centers based on each center's relative
174volume of trauma cases as reported in the Department of Health
175Trauma Registry.
176     Section 5.  Subsection (2) of section 320.131, Florida
177Statutes, is amended to read:
178     320.131  Temporary tags.-
179     (2)  The department is authorized to sell temporary tags,
180in addition to those listed above, to their agents and where
181need is demonstrated by a consumer complainant. The fee shall be
182$2 each. One dollar from each tag sold shall be deposited into
183the Brain and Spinal Cord Injury Program Rehabilitation Trust
184Fund, with the remaining proceeds being deposited into the
185Highway Safety Operating Trust Fund. Agents of the department
186shall sell temporary tags for $2 each and shall charge the
187service charge authorized by s. 320.04 per transaction,
188regardless of the quantity sold. Requests for purchase of
189temporary tags to the department or its agents shall be made,
190where applicable, on letterhead stationery and notarized. Except
191as specifically provided otherwise, a temporary tag shall be
192valid for 30 days, and no more than two shall be issued to the
193same person for the same vehicle.
194     Section 6.  Subsection (9) of section 327.35, Florida
195Statutes, is amended to read:
196     327.35  Boating under the influence; penalties; "designated
197drivers".-
198     (9)  Notwithstanding any other provision of this section,
199for any person convicted of a violation of subsection (1), in
200addition to the fines set forth in subsections (2) and (4), an
201additional fine of $60 shall be assessed and collected in the
202same manner as the fines set forth in subsections (2) and (4).
203All fines collected under this subsection shall be remitted by
204the clerk of the court to the Department of Revenue for deposit
205into the Brain and Spinal Cord Injury Program Rehabilitation
206Trust Fund and used for the purposes set forth in s. 381.79,
207after 5 percent is deducted therefrom by the clerk of the court
208for administrative costs.
209     Section 7.  Subsection (2) of section 381.765, Florida
210Statutes, is amended to read:
211     381.765  Retention of title to and disposal of equipment.-
212     (2)  The department may offer for sale any surplus items
213acquired in operating the brain and spinal cord injury program
214when they are no longer necessary or exchange them for necessary
215items that may be used to greater advantage. When any such
216surplus equipment is sold or exchanged, a receipt for the
217equipment shall be taken from the purchaser showing the
218consideration given for such equipment and forwarded to the
219Chief Financial Officer, and any funds received by the brain and
220spinal cord injury program pursuant to any such transaction
221shall be deposited in the Brain and Spinal Cord Injury Program
222Rehabilitation Trust Fund and shall be available for expenditure
223for any purpose consistent with ss. 381.739-381.79 this part.
224     Section 8.  Subsection (7) of section 381.78, Florida
225Statutes, is amended to read:
226     381.78  Advisory council on brain and spinal cord
227injuries.-
228     (7)  A member of the advisory council may be removed from
229office by the State Surgeon General for malfeasance,
230misfeasance, neglect of duty, incompetence, or permanent
231inability to perform official duties or for pleading nolo
232contendere to, or being found guilty of, a crime. Malfeasance
233includes, but is not limited to, a violation of any specific
234prohibition within ss. 381.739-381.79 this part.
235     Section 9.  Subsection (6) of section 381.79, Florida
236Statutes, is amended to read:
237     381.79  Brain and Spinal Cord Injury Program Trust Fund.-
238     (6)  The department may accept, deposit into the trust
239fund, and use for carrying out the purposes of ss. 381.739-
240381.79 this part gifts made unconditionally by will or
241otherwise. Any gift made under conditions that, in the judgment
242of the department, are proper and consistent with this section,
243the laws of the United States, and the laws of this state may be
244accepted and shall be held, invested, reinvested, and used in
245accordance with the conditions of the gift.
246     Section 10.  Subsections (1) and (2) of section 395.403,
247Florida Statutes, are amended to read:
248     395.403  Reimbursement of trauma centers.-
249     (1)  All provisional trauma centers and trauma centers
250shall be considered eligible to receive state funding when state
251funds are specifically appropriated for state-sponsored trauma
252centers in the General Appropriations Act. Effective July 1,
2532010 2004, the department shall make one-time payments from the
254Emergency Medical Services Administrative Trust Fund under s.
25520.435 to the trauma centers and a hospital with a pending
256application for a Level I trauma center in recognition of the
257capital investment made by the hospital to establish the trauma
258service. Payments shall be in equal amounts for the trauma
259centers approved by the department as of July 1 of the fiscal
260year in which funding is appropriated, with lesser amounts for
261the hospital with an application pending for a Level I trauma
262center at the department as of April 1, 2004. In the event a
263trauma center does not maintain its status as a trauma center
264for any state fiscal year in which such funding is appropriated,
265the provisional trauma center or trauma center shall repay the
266state for the portion of the year during which it was not a
267trauma center.
268     (2)  Provisional trauma centers and Trauma centers eligible
269to receive distributions from the Emergency Medical Services
270Administrative Trust Fund under s. 20.435 in accordance with
271subsection (1) may request that such funds be used as
272intergovernmental transfer funds in the Medicaid program.
273     Section 11.  Subsections (1) and (2) of section 395.4036,
274Florida Statutes, are amended to read:
275     395.4036  Trauma payments.-
276     (1)  Recognizing the Legislature's stated intent to provide
277financial support to the current verified trauma centers and to
278provide incentives for the establishment of additional trauma
279centers as part of a system of state-sponsored trauma centers,
280the department shall utilize funds collected under s. 318.18 and
281deposited into the Emergency Medical Services Administrative
282Trust Fund of the department to ensure the availability and
283accessibility of trauma services throughout the state as
284provided in this subsection.
285     (a)  Funds collected under s. 318.18(15) shall be
286distributed as follows:
287     1.  Twenty percent of the total funds collected during the
288state fiscal year shall be distributed to verified trauma
289centers that have a local funding contribution as of December
29031. Distribution of funds under this subparagraph shall be based
291on trauma caseload volume for the most recent calendar year
292available.
293     2.  Forty percent of the total funds collected shall be
294distributed to verified trauma centers based on trauma caseload
295volume for the most recent calendar year available. The
296determination of caseload volume for distribution of funds under
297this subparagraph shall be based on the department's Trauma
298Registry data.
299     3.  Forty percent of the total funds collected shall be
300distributed to verified trauma centers based on severity of
301trauma patients for the most recent calendar year available. The
302determination of severity for distribution of funds under this
303subparagraph shall be based on the department's International
304Classification Injury Severity Scores or another statistically
305valid and scientifically accepted method of stratifying a trauma
306patient's severity of injury, risk of mortality, and resource
307consumption as adopted by the department by rule, weighted based
308on the costs associated with and incurred by the trauma center
309in treating trauma patients. The weighting of scores shall be
310established by the department by rule.
311     (b)  Funds collected under s. 318.18(5)(c) and (19) shall
312be distributed as follows:
313     1.  Thirty percent of the total funds collected shall be
314distributed to Level II trauma centers operated by a public
315hospital governed by an elected board of directors as of
316December 31, 2008.
317     2.  Thirty-five percent of the total funds collected shall
318be distributed to verified trauma centers based on trauma
319caseload volume for the most recent calendar year available. The
320determination of caseload volume for distribution of funds under
321this subparagraph shall be based on the department's Trauma
322Registry data.
323     3.  Thirty-five percent of the total funds collected shall
324be distributed to verified trauma centers based on severity of
325trauma patients for the most recent calendar year available. The
326determination of severity for distribution of funds under this
327subparagraph shall be based on the department's International
328Classification Injury Severity Scores or another statistically
329valid and scientifically accepted method of stratifying a trauma
330patient's severity of injury, risk of mortality, and resource
331consumption as adopted by the department by rule, weighted based
332on the costs associated with and incurred by the trauma center
333in treating trauma patients. The weighting of scores shall be
334established by the department by rule.
335     (2)  Funds deposited in the department's Emergency Medical
336Services Administrative Trust Fund for verified trauma centers
337may be used to maximize the receipt of federal funds that may be
338available for such trauma centers. Notwithstanding this section
339and s. 318.14, distributions to trauma centers may be adjusted
340in a manner to ensure that total payments to trauma centers
341represent the same proportional allocation as set forth in this
342section and s. 318.14. For purposes of this section and s.
343318.14, total funds distributed to trauma centers may include
344revenue from the Emergency Medical Services Administrative Trust
345Fund and federal funds for which revenue from the Administrative
346Trust Fund is used to meet state or local matching requirements.
347Funds collected under ss. 318.14 and 318.18 and deposited in the
348Emergency Medical Services Administrative Trust Fund of the
349department shall be distributed to trauma centers on a quarterly
350basis using the most recent calendar year data available. Such
351data shall not be used for more than four quarterly
352distributions unless there are extenuating circumstances as
353determined by the department, in which case the most recent
354calendar year data available shall continue to be used and
355appropriate adjustments shall be made as soon as the more recent
356data becomes available.
357     Section 12.  Section 938.07, Florida Statutes, is amended
358to read:
359     938.07  Driving or boating under the influence.-
360Notwithstanding any other provision of s. 316.193 or s. 327.35,
361a court cost of $135 shall be added to any fine imposed pursuant
362to s. 316.193 or s. 327.35. The clerks shall remit the funds to
363the Department of Revenue, $25 of which shall be deposited in
364the Emergency Medical Services Trust Fund, $50 shall be
365deposited in the Operating Trust Fund of the Department of Law
366Enforcement to be used for operational expenses in conducting
367the statewide criminal analysis laboratory system established in
368s. 943.32, and $60 shall be deposited in the Brain and Spinal
369Cord Injury Program Rehabilitation Trust Fund created in s.
370381.79.
371     Section 13.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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