Florida 2025 Regular Session

Florida House Bill H1591 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to first responders; amending s. 2
1616 401.113, F.S.; providing that funds in the First 3
1717 Responders Trust Fund may be used for grants to 4
1818 support first responder mental health; amending s. 5
1919 401.345, F.S.; renaming the Emergency Medical Services 6
2020 Trust Fund as the First Responders Trust Fund; 7
2121 amending ss. 316.0083, 316.061, 316.192, and 318.18, 8
2222 F.S.; revising the amount of fines for certain traffic 9
2323 violations to increase the amount of funding for the 10
2424 First Responders Trust Fund; amending ss. 20.435, 11
2525 316.306, 318.14, 318.21, 320.0801, 320.08058, 395.401, 12
2626 395.403, 395.4036, 401.2715, 401.34, 401.411, 401.421, 13
2727 401.465, and 938.07, F.S.; conforming provisions to 14
2828 changes made by the act; providing an effective date. 15
2929 16
3030 Be It Enacted by the Legislature of t he State of Florida: 17
3131 18
3232 Section 1. Section 401.113, Florida Statutes, is amended 19
3333 to read: 20
3434 401.113 Department; powers and duties. — 21
3535 (1) Funds deposited into the First Responders Emergency 22
3636 Medical Services Trust Fund as provided by ss. 316.061, 316.192, 23
3737 318.21, and 938.07 must be used solely to improve and expand 24
3838 prehospital emergency medical services in the state. 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 (2) The department shall annually dispense funds contained 26
5252 in the First Responders Emergency Medical Services Trust Fund as 27
5353 follows: 28
5454 (a) Forty-five percent of such moneys must be divided 29
5555 among the counties according to the proportion of the combined 30
5656 amount deposited in the trust fund from the county. These funds 31
5757 may not be used to match grant funds as identified in paragraph 32
5858 (b). An individual board of county commissioners may distribute 33
5959 these funds to emergency medical services organizations and 34
6060 youth athletic organizations within the county, as it deems 35
6161 appropriate. 36
6262 (b) Forty percent of such moneys must be used by the 37
6363 department for making matching grants to local agencies, 38
6464 municipalities, emergency medical services organizations, and 39
6565 youth athletic organizations for the purpose of conducting 40
6666 research, increasing existing levels of emergency medical 41
6767 services, evaluation, community educati on, injury-prevention 42
6868 programs, and training in cardiopulmonary resuscitation and 43
6969 other lifesaving and first aid techniques , and first responder 44
7070 mental health. 45
7171 1. At least 90 percent of these moneys must be made 46
7272 available on a cash matching basis. A gran t made under this 47
7373 subparagraph must be contingent upon the recipient providing a 48
7474 cash sum equal to 25 percent of the total department -approved 49
7575 grant amount. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 2. No more than 10 percent of these moneys must be made 51
8989 available to rural emergency medical serv ices, and 52
9090 notwithstanding the restrictions specified in subsection (1), 53
9191 these moneys may be used for improvement, expansion, or 54
9292 continuation of services provided. A grant made under this 55
9393 subparagraph must be contingent upon the recipient providing a 56
9494 cash sum equal to no more than 10 percent of the total 57
9595 department-approved grant amount. 58
9696 59
9797 The department shall develop procedures and standards for grant 60
9898 disbursement under this paragraph based on the need for 61
9999 emergency medical services, the requirements of the population 62
100100 to be served, and the objectives of the state emergency medical 63
101101 services plan. 64
102102 (c) Fifteen percent of such moneys must be used by the 65
103103 department for capital equipment outlay, personnel, community 66
104104 education, evaluation, and other costs associat ed with the 67
105105 administration of this chapter. Any moneys not annually used for 68
106106 this purpose must be used for making additional rural grant 69
107107 funds available. 70
108108 Section 2. Section 401.345, Florida Statutes, is amended 71
109109 to read: 72
110110 401.345 First Responders Emergency Medical Services Trust 73
111111 Fund.— 74
112112 (1) There is created the First Responders Emergency 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 Medical Services Trust Fund in the State Treasury, which shall 76
126126 be used exclusively for those purposes provided by law. 77
127127 (2) Any funds appropriated in the General Appropriations 78
128128 Act for functions related to emergency medical services, and any 79
129129 other funds that become available for functions related to 80
130130 emergency medical services, must be deposited in the First 81
131131 Responders Emergency Medical Services Trust Fund. 82
132132 Section 3. Paragraph (b) of subsection (1) of section 83
133133 316.0083, Florida Statutes, is amended to read: 84
134134 316.0083 Mark Wandall Traffic Safety Program; 85
135135 administration; report. — 86
136136 (1) 87
137137 (b)1.a. Within 30 days after a viol ation, notification 88
138138 must be sent to the registered owner of the motor vehicle 89
139139 involved in the violation specifying the remedies available 90
140140 under s. 318.14 and that the violator must pay the penalty of 91
141141 $158 to the department, county, or municipality, or furn ish an 92
142142 affidavit in accordance with paragraph (d), or request a hearing 93
143143 within 60 days following the date of the notification in order 94
144144 to avoid the issuance of a traffic citation. The notification 95
145145 must be sent by first -class mail. The mailing of the notice of 96
146146 violation constitutes notification. 97
147147 b. Included with the notification to the registered owner 98
148148 of the motor vehicle involved in the infraction must be a notice 99
149149 that the owner has the right to review the photographic or 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 electronic images or the streami ng video evidence that 101
163163 constitutes a rebuttable presumption against the owner of the 102
164164 vehicle. The notice must state the time and place or Internet 103
165165 location where the evidence may be examined and observed. 104
166166 c. Notwithstanding any other provision of law, a person 105
167167 who receives a notice of violation under this section may 106
168168 request a hearing within 60 days following the notification of 107
169169 violation or pay the penalty pursuant to the notice of 108
170170 violation, but a payment or fee may not be required before the 109
171171 hearing requested by the person. The notice of violation must be 110
172172 accompanied by, or direct the person to a website that provides, 111
173173 information on the person's right to request a hearing and on 112
174174 all court costs related thereto and a form to request a hearing. 113
175175 As used in this sub-subparagraph, the term "person" includes a 114
176176 natural person, registered owner or co -owner of a motor vehicle, 115
177177 or person identified on an affidavit as having care, custody, or 116
178178 control of the motor vehicle at the time of the violation. 117
179179 d. If the registered owner or co -owner of the motor 118
180180 vehicle, or the person designated as having care, custody, or 119
181181 control of the motor vehicle at the time of the violation, or an 120
182182 authorized representative of the owner, co -owner, or designated 121
183183 person, initiates a proc eeding to challenge the violation 122
184184 pursuant to this paragraph, such person waives any challenge or 123
185185 dispute as to the delivery of the notice of violation. 124
186186 2. Penalties assessed and collected by the department, 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 county, or municipality authorized to collect the funds provided 126
200200 for in this paragraph, less the amount retained by the county or 127
201201 municipality pursuant to subparagraph 3., shall be paid to the 128
202202 Department of Revenue weekly. Payment by the department, county, 129
203203 or municipality to the state shall be made b y means of 130
204204 electronic funds transfers. In addition to the payment, summary 131
205205 detail of the penalties remitted shall be reported to the 132
206206 Department of Revenue. 133
207207 3. Penalties to be assessed and collected by the 134
208208 department, county, or municipality are as follow s: 135
209209 a. One hundred sixty-eight fifty-eight dollars for a 136
210210 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 137
211211 failed to stop at a traffic signal if enforcement is by the 138
212212 department's traffic infraction enforcement officer. One hundred 139
213213 dollars shall be remitted to the Department of Revenue for 140
214214 deposit into the General Revenue Fund, $20 $10 shall be remitted 141
215215 to the Department of Revenue for deposit into the Department of 142
216216 Health First Responders Emergency Medical Services Trust Fund, 143
217217 $3 shall be remitted to the Department of Revenue for deposit 144
218218 into the Brain and Spinal Cord Injury Trust Fund, and $45 shall 145
219219 be distributed to the municipality in which the violation 146
220220 occurred, or, if the violation occurred in an unincorporated 147
221221 area, to the county in whi ch the violation occurred. Funds 148
222222 deposited into the Department of Health First Responders 149
223223 Emergency Medical Services Trust Fund under this sub -150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 subparagraph shall be distributed as provided in s. 395.4036(1). 151
237237 Proceeds of the infractions in the Brain and Spi nal Cord Injury 152
238238 Trust Fund shall be distributed quarterly to the Miami Project 153
239239 to Cure Paralysis and used for brain and spinal cord research. 154
240240 b. One hundred sixty-eight fifty-eight dollars for a 155
241241 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a dri ver 156
242242 failed to stop at a traffic signal if enforcement is by a county 157
243243 or municipal traffic infraction enforcement officer. Seventy 158
244244 dollars shall be remitted by the county or municipality to the 159
245245 Department of Revenue for deposit into the General Revenue Fund , 160
246246 $20 $10 shall be remitted to the Department of Revenue for 161
247247 deposit into the Department of Health First Responders Emergency 162
248248 Medical Services Trust Fund, $3 shall be remitted to the 163
249249 Department of Revenue for deposit into the Brain and Spinal Cord 164
250250 Injury Trust Fund, and $75 shall be retained by the county or 165
251251 municipality enforcing the ordinance enacted pursuant to this 166
252252 section. Funds deposited into the Department of Health First 167
253253 Responders Emergency Medical Services Trust Fund under this sub -168
254254 subparagraph shall be distributed as provided in s. 395.4036(1). 169
255255 Proceeds of the infractions in the Brain and Spinal Cord Injury 170
256256 Trust Fund shall be distributed quarterly to the Miami Project 171
257257 to Cure Paralysis and used for brain and spinal cord research. 172
258258 4. An individual may not receive a commission from any 173
259259 revenue collected from violations detected through the use of a 174
260260 traffic infraction detector. A manufacturer or vendor may not 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 receive a fee or remuneration based upon the number of 176
274274 violations detected through the us e of a traffic infraction 177
275275 detector. 178
276276 Section 4. Subsection (1) of section 316.061, Florida 179
277277 Statutes, is amended to read: 180
278278 316.061 Crashes involving damage to vehicle or property. — 181
279279 (1) The driver of any vehicle involved in a crash 182
280280 resulting only in da mage to a vehicle or other property which is 183
281281 driven or attended by any person shall immediately stop such 184
282282 vehicle at the scene of such crash or as close thereto as 185
283283 possible, and shall forthwith return to, and in every event 186
284284 shall remain at, the scene of th e crash until he or she has 187
285285 fulfilled the requirements of s. 316.062. A person who violates 188
286286 this subsection commits a misdemeanor of the second degree, 189
287287 punishable as provided in s. 775.082 or s. 775.083. 190
288288 Notwithstanding any other provision of this section, $10 $5 191
289289 shall be added to a fine imposed pursuant to this section, which 192
290290 $10 $5 shall be deposited in the First Responders Emergency 193
291291 Medical Services Trust Fund. 194
292292 Section 5. Subsection (4) of section 316.192, Florida 195
293293 Statutes, is amended to read: 196
294294 316.192 Reckless driving. — 197
295295 (4) Notwithstanding any other provision of this section, 198
296296 $10 $5 shall be added to a fine imposed pursuant to this 199
297297 section. The clerk shall remit the $10 $5 to the Department of 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 Revenue for deposit in the First Responders Emergency Medical 201
311311 Services Trust Fund. 202
312312 Section 6. Paragraph (i) of subsection (3), paragraph (c) 203
313313 of subsection (5), paragraphs (a) and (e) of subsection (16), 204
314314 and subsection (21) of section 318.18, Florida Statutes, are 205
315315 amended to read: 206
316316 318.18 Amount of penalties.—The penalties required for a 207
317317 noncriminal disposition pursuant to s. 318.14 or a criminal 208
318318 offense listed in s. 318.17 are as follows: 209
319319 (3) 210
320320 (i) A person cited for a second or subsequent conviction 211
321321 of speed exceeding the limit by 30 miles per hour and above 212
322322 within a 12-month period shall pay a fine that is double the 213
323323 amount listed in paragraph (b). For purposes of this paragraph, 214
324324 the term "conviction" means a finding of guilt as a result of a 215
325325 jury verdict, nonjury trial, or entry of a plea of guilt y. 216
326326 Moneys received from the increased fine imposed by this 217
327327 paragraph shall be remitted to the Department of Revenue and 218
328328 deposited into the Department of Health First Responders 219
329329 Emergency Medical Services Trust Fund to provide financial 220
330330 support to certified trauma centers to assure the availability 221
331331 and accessibility of trauma services throughout the state. Funds 222
332332 deposited into the First Responders Emergency Medical Services 223
333333 Trust Fund under this section shall be allocated as follows: 224
334334 1. Fifty percent shall be allocated equally among all 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 Level I, Level II, and pediatric trauma centers in recognition 226
348348 of readiness costs for maintaining trauma services. 227
349349 2. Fifty percent shall be allocated among Level I, Level 228
350350 II, and pediatric trauma centers based on each cen ter's relative 229
351351 volume of trauma cases as calculated using the hospital 230
352352 discharge data collected pursuant to s. 408.061. 231
353353 (5) 232
354354 (c) In addition to the penalty under paragraph (a) or 233
355355 paragraph (b), $130 $65 for a violation of s. 316.172(1)(a) or 234
356356 (b). If the alleged offender is found to have committed the 235
357357 offense, the court shall impose the civil penalty under 236
358358 paragraph (a) or paragraph (b) plus an additional $130 $65. The 237
359359 additional $130 $65 collected under this paragraph shall be 238
360360 remitted to the Department o f Revenue for deposit into the First 239
361361 Responders Emergency Medical Services Trust Fund of the 240
362362 Department of Health to be used as provided in s. 395.4036. If a 241
363363 violation of s. 316.172(1)(a) or (b) is enforced by a school bus 242
364364 infraction detection system pursu ant to s. 316.173, the 243
365365 additional amount imposed on a notice of violation, on a uniform 244
366366 traffic citation, or by the court under this paragraph must be 245
367367 $25, in lieu of the additional $130 $65, and must be remitted to 246
368368 the participating school district and us ed pursuant to s. 247
369369 316.173(7). 248
370370 (16)(a)1. One hundred and ninety-three fifty-eight dollars 249
371371 for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 driver has failed to stop at a traffic signal and when enforced 251
385385 by a law enforcement officer. Sixty dol lars shall be distributed 252
386386 as provided in s. 318.21, $30 shall be distributed to the 253
387387 General Revenue Fund, $3 shall be remitted to the Department of 254
388388 Revenue for deposit into the Brain and Spinal Cord Injury Trust 255
389389 Fund, and the remaining $130 $65 shall be remitted to the 256
390390 Department of Revenue for deposit into the First Responders 257
391391 Emergency Medical Services Trust Fund of the Department of 258
392392 Health. 259
393393 2. One hundred and sixty-eight fifty-eight dollars for a 260
394394 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 261
395395 has failed to stop at a traffic signal and when enforced by the 262
396396 department's traffic infraction enforcement officer. One hundred 263
397397 dollars shall be remitted to the Department of Re venue for 264
398398 deposit into the General Revenue Fund, $45 shall be distributed 265
399399 to the county for any violations occurring in any unincorporated 266
400400 areas of the county or to the municipality for any violations 267
401401 occurring in the incorporated boundaries of the municip ality in 268
402402 which the infraction occurred, $20 $10 shall be remitted to the 269
403403 Department of Revenue for deposit into the Department of Health 270
404404 First Responders Emergency Medical Services Trust Fund for 271
405405 distribution as provided in s. 395.4036(1), and $3 shall be 272
406406 remitted to the Department of Revenue for deposit into the Brain 273
407407 and Spinal Cord Injury Trust Fund. 274
408408 3. One hundred and sixty-eight fifty-eight dollars for a 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 276
422422 has failed to stop at a traffic signal and when enforced by a 277
423423 county's or municipality's traffic infraction enforcement 278
424424 officer. Seventy-five dollars shall be distributed to the county 279
425425 or municipality issuing the traffic citation, $70 shall be 280
426426 remitted to the Department of Revenue for deposit into the 281
427427 General Revenue Fund, $20 $10 shall be remitted to the 282
428428 Department of Revenue for deposit into the Department of Health 283
429429 First Responders Emergency Medical Services Trust Fund for 284
430430 distribution as provided in s. 395.4036(1), and $3 shall be 285
431431 remitted to the Department of Revenue for deposit into the Brain 286
432432 and Spinal Cord Injury Trust Fund. 287
433433 (e) Funds deposited into the Department of Health First 288
434434 Responders Emergency Medical Services Trust Fund under this 289
435435 subsection shall be distributed as provided in s. 395.4036(1). 290
436436 (21) In addition to any other penalty, $130 $65 for a 291
437437 violation of s. 316.191, prohibiting racing on highways, street 292
438438 takeovers, and stunt driving, or s. 316.192, prohibiting 293
439439 reckless driving. The additional $130 $65 collected under this 294
440440 subsection shall be remitted to the Department of Revenue for 295
441441 deposit into the First Responders Emergency Medical Services 296
442442 Trust Fund of the Department of Health to be used as provided in 297
443443 s. 395.4036. 298
444444 Section 7. Subsection (11) of section 20.435, Florida 299
445445 Statutes, is amended to read: 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 20.435 Department of Health; trust funds. —The following 301
459459 trust funds shall be administered by the Department of Health: 302
460460 (11) FIRST RESPONDERS EMERGENCY MEDICAL SERVICES TRUST 303
461461 FUND.— 304
462462 (a) Funds to be credited to and uses of the trust fund 305
463463 shall be administered in accordance with ss. 318.14, 318.18, 306
464464 318.21, 395.403, and 395.4036 and parts I and II of chapter 401. 307
465465 (b) Notwithstanding the provisions of s. 216.301 and 308
466466 pursuant to s. 216.351, any balance in the trust fund at the end 309
467467 of any fiscal year shall remain in the trust fund at the end of 310
468468 the year and shall be available for carrying out the purposes of 311
469469 the trust fund. 312
470470 Section 8. Subsection (5) of section 316.306, Florida 313
471471 Statutes, is amended to read: 314
472472 316.306 School and work zones; prohibition on the use of a 315
473473 wireless communications device in a handheld manner. — 316
474474 (5) Notwithstanding s. 318.21, all proceeds collecte d 317
475475 pursuant to s. 318.18 for violations of this section must be 318
476476 remitted to the Department of Revenue for deposit into the First 319
477477 Responders Emergency Medical Services Trust Fund of the 320
478478 Department of Health. 321
479479 Section 9. Subsection (5) of section 318.14, F lorida 322
480480 Statutes, is amended to read: 323
481481 318.14 Noncriminal traffic infractions; exception; 324
482482 procedures.— 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 (5) Any person electing to appear before the designated 326
496496 official or who is required to appear shall be deemed to have 327
497497 waived his or her right to the ci vil penalty provisions of s. 328
498498 318.18. The official, after a hearing, shall make a 329
499499 determination as to whether an infraction has been committed. If 330
500500 the commission of an infraction has been proven, the official 331
501501 may impose a civil penalty not to exceed $500, e xcept that in 332
502502 cases involving unlawful speed in a school zone or involving 333
503503 unlawful speed in a construction zone, the civil penalty may not 334
504504 exceed $1,000; or require attendance at a driver improvement 335
505505 school, or both. If the person is required to appear be fore the 336
506506 designated official pursuant to s. 318.19(1) and is found to 337
507507 have committed the infraction, the designated official shall 338
508508 impose a civil penalty of $1,000 in addition to any other 339
509509 penalties and the person's driver license shall be suspended for 340
510510 6 months. If the person is required to appear before the 341
511511 designated official pursuant to s. 318.19(1) and is found to 342
512512 have committed the infraction against a vulnerable road user as 343
513513 defined in s. 316.027(1), the designated official shall impose a 344
514514 civil penalty of not less than $5,000 in addition to any other 345
515515 penalties, the person's driver license shall be suspended for 1 346
516516 year, and the person shall be required to attend a department -347
517517 approved driver improvement course relating to the rights of 348
518518 vulnerable road users relative to vehicles on the roadway as 349
519519 provided in s. 322.0261(2). If the person is required to appear 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 before the designated official pursuant to s. 318.19(2) and is 351
533533 found to have committed the infraction, the designated official 352
534534 shall impose a civil penalty of $500 in addition to any other 353
535535 penalties and the person's driver license shall be suspended for 354
536536 3 months. If the person is required to appear before the 355
537537 designated official pursuant to s. 318.19(2) and is found to 356
538538 have committed the infraction ag ainst a vulnerable road user as 357
539539 defined in s. 316.027(1), the designated official shall impose a 358
540540 civil penalty of not less than $1,500 in addition to any other 359
541541 penalties, the person's driver license shall be suspended for 3 360
542542 months, and the person shall be required to attend a department -361
543543 approved driver improvement course relating to the rights of 362
544544 vulnerable road users relative to vehicles on the roadway as 363
545545 provided in s. 322.0261(2). If the official determines that no 364
546546 infraction has been committed, no costs or penalties shall be 365
547547 imposed and any costs or penalties that have been paid shall be 366
548548 returned. Moneys received from the mandatory civil penalties 367
549549 imposed pursuant to this subsection upon persons required to 368
550550 appear before a designated official pursuant to s. 318.19(1) or 369
551551 (2) shall be remitted to the Department of Revenue and deposited 370
552552 into the Department of Health First Responders Emergency Medical 371
553553 Services Trust Fund to provide financial support to certified 372
554554 trauma centers to assure the availability and a ccessibility of 373
555555 trauma services throughout the state. Funds deposited into the 374
556556 First Responders Emergency Medical Services Trust Fund under 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 this section shall be allocated as follows: 376
570570 (a) Fifty percent shall be allocated equally among all 377
571571 Level I, Level II, and pediatric trauma centers in recognition 378
572572 of readiness costs for maintaining trauma services. 379
573573 (b) Fifty percent shall be allocated among Level I, Level 380
574574 II, and pediatric trauma centers based on each center's relative 381
575575 volume of trauma cases as calcu lated using the hospital 382
576576 discharge data collected pursuant to s. 408.061. 383
577577 Section 10. Paragraph (b) of subsection (2) and subsection 384
578578 (15) of section 318.21, Florida Statutes, are amended to read: 385
579579 318.21 Disposition of civil penalties by county courts .—386
580580 All civil penalties received by a county court pursuant to the 387
581581 provisions of this chapter shall be distributed and paid monthly 388
582582 as follows: 389
583583 (2) Of the remainder: 390
584584 (b) Seven and two-tenths percent shall be remitted to the 391
585585 Department of Revenue for depo sit in the First Responders 392
586586 Emergency Medical Services Trust Fund for the purposes set forth 393
587587 in s. 401.113. 394
588588 (15) Of the additional fine assessed under s. 318.18(3)(f) 395
589589 for a violation of s. 316.1893, 50 percent of the moneys 396
590590 received from the fines shall be appropriated to the Agency for 397
591591 Health Care Administration as general revenue to provide an 398
592592 enhanced Medicaid payment to nursing homes that serve Medicaid 399
593593 recipients with brain and spinal cord injuries. The remaining 50 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 percent of the moneys received fro m the enhanced fine imposed 401
607607 under s. 318.18(3)(f) shall be remitted to the Department of 402
608608 Revenue and deposited into the Department of Health First 403
609609 Responders Emergency Medical Services Trust Fund to provide 404
610610 financial support to certified trauma centers in the counties 405
611611 where enhanced penalty zones are established to ensure the 406
612612 availability and accessibility of trauma services. Funds 407
613613 deposited into the First Responders Emergency Medical Services 408
614614 Trust Fund under this subsection shall be allocated as follows: 409
615615 (a) Fifty percent shall be allocated equally among all 410
616616 Level I, Level II, and pediatric trauma centers in recognition 411
617617 of readiness costs for maintaining trauma services. 412
618618 (b) Fifty percent shall be allocated among Level I, Level 413
619619 II, and pediatric trauma centers based on each center's relative 414
620620 volume of trauma cases as calculated using the hospital 415
621621 discharge data collected pursuant to s. 408.061. 416
622622 Section 11. Subsection (1) of section 320.0801, Florida 417
623623 Statutes, is amended to read: 418
624624 320.0801 Additional license tax on certain vehicles. — 419
625625 (1) In addition to the license taxes specified in s. 420
626626 320.08 and in subsection (2), there is hereby levied and imposed 421
627627 an annual license tax of 10 cents for the operation of a motor 422
628628 vehicle, as defined in s. 320.01, and moped, as defined in s. 423
629629 316.003, which tax shall be paid to the department or its agent 424
630630 upon the registration or renewal of registration of the vehicle. 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 Notwithstanding s. 320.20, revenues collected from the tax 426
644644 imposed in this subsection shall be deposit ed in the First 427
645645 Responders Emergency Medical Services Trust Fund and used solely 428
646646 for the purpose of carrying out ss. 395.401, 395.4015, 395.404, 429
647647 and 395.4045 and s. 11, chapter 87 -399, Laws of Florida. 430
648648 Section 12. Paragraph (b) of subsection (118) of s ection 431
649649 320.08058, Florida Statutes, is amended to read: 432
650650 320.08058 Specialty license plates. — 433
651651 (118) SUPPORT HEALTHCARE HEROES LICENSE PLATES. — 434
652652 (b) The annual use fees from the sale of the plate shall 435
653653 be distributed annually into the First Responders Emergency 436
654654 Medical Services Trust Fund within the Department of Health to 437
655655 provide financial support for prehospital emergency medical 438
656656 services pursuant to s. 401.113. 439
657657 Section 13. Subsection (3) of section 395.401, Florida 440
658658 Statutes, is amended to read: 441
659659 395.401 Trauma services system plans; approval of trauma 442
660660 centers and pediatric trauma centers; procedures; renewal. — 443
661661 (3) The department may withdraw local or regional agency 444
662662 authority, prescribe corrective actions, or use the 445
663663 administrative remedies as provided in s. 395.1065 for the 446
664664 violation of any provision of this section and ss. 395.4015, 447
665665 395.402, 395.4025, 395.403, 395.404, and 395.4045 or rules 448
666666 adopted thereunder. All amounts collected pursuant to this 449
667667 subsection shall be deposited into the First Responders 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 Emergency Medical Services Trust Fund provided in s. 401.34. 451
681681 Section 14. Subsections (1) and (2) of section 395.403, 452
682682 Florida Statutes, are amended to read: 453
683683 395.403 Reimbursement of trauma centers. — 454
684684 (1) All verified trauma centers shall b e considered 455
685685 eligible to receive state funding when state funds are 456
686686 specifically appropriated for state -sponsored trauma centers in 457
687687 the General Appropriations Act. Effective July 1, 2010, The 458
688688 department shall make payments from the First Responders 459
689689 Emergency Medical Services Trust Fund under s. 20.435 to the 460
690690 trauma centers. Payments shall be in equal amounts for the 461
691691 trauma centers approved by the department as of July 1 of the 462
692692 fiscal year in which funding is appropriated. In the event a 463
693693 trauma center does n ot maintain its status as a trauma center 464
694694 for any state fiscal year in which such funding is appropriated, 465
695695 the trauma center shall repay the state for the portion of the 466
696696 year during which it was not a trauma center. 467
697697 (2) Trauma centers eligible to receive distributions from 468
698698 the First Responders Emergency Medical Services Trust Fund under 469
699699 s. 20.435 in accordance with subsection (1) may request that 470
700700 such funds be used as intergovernmental transfer funds in the 471
701701 Medicaid program. 472
702702 Section 15. Subsections (1 ) and (2) of section 395.4036, 473
703703 Florida Statutes, are amended to read: 474
704704 395.4036 Trauma payments. — 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 (1) Recognizing the Legislature's stated intent to provide 476
718718 financial support to the current verified trauma centers and to 477
719719 provide incentives for the estab lishment of additional trauma 478
720720 centers as part of a system of state -sponsored trauma centers, 479
721721 the department shall utilize funds collected under s. 318.18 and 480
722722 deposited into the First Responders Emergency Medical Services 481
723723 Trust Fund of the department to ens ure the availability and 482
724724 accessibility of trauma services throughout the state as 483
725725 provided in this subsection. 484
726726 (a) Funds collected under s. 318.18(16) shall be 485
727727 distributed as follows: 486
728728 1. Twenty percent of the total funds collected during the 487
729729 state fiscal year shall be distributed to verified trauma 488
730730 centers that have a local funding contribution as of December 489
731731 31. Distribution of funds under this subparagraph shall be based 490
732732 on trauma caseload volume for the most recent calendar year 491
733733 available. 492
734734 2. Forty percent of the total funds collected shall be 493
735735 distributed to verified trauma centers based on trauma caseload 494
736736 volume for the most recent calendar year available. The 495
737737 determination of caseload volume for distribution of funds under 496
738738 this subparagraph shall be based on the hospital discharge data 497
739739 for patients who meet the criteria for classification as a 498
740740 trauma patient reported by each trauma center pursuant to s. 499
741741 408.061. 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 3. Forty percent of the total funds collected shall be 501
755755 distributed to verified trauma centers based on severity of 502
756756 trauma patients for the most recent calendar year available. The 503
757757 determination of severity for distribution of funds under this 504
758758 subparagraph shall be based on the department's International 505
759759 Classification Injury Severity Score s or another statistically 506
760760 valid and scientifically accepted method of stratifying a trauma 507
761761 patient's severity of injury, risk of mortality, and resource 508
762762 consumption as adopted by the department by rule, weighted based 509
763763 on the costs associated with and incu rred by the trauma center 510
764764 in treating trauma patients. The weighting of scores shall be 511
765765 established by the department by rule. 512
766766 (b) Funds collected under s. 318.18(5)(c) and (21) shall 513
767767 be distributed as follows: 514
768768 1. Thirty percent of the total funds coll ected shall be 515
769769 distributed to Level II trauma centers operated by a public 516
770770 hospital governed by an elected board of directors as of 517
771771 December 31, 2008. 518
772772 2. Thirty-five percent of the total funds collected shall 519
773773 be distributed to verified trauma centers bas ed on trauma 520
774774 caseload volume for the most recent calendar year available. The 521
775775 determination of caseload volume for distribution of funds under 522
776776 this subparagraph shall be based on the hospital discharge data 523
777777 for patients who meet the criteria for classifica tion as a 524
778778 trauma patient reported by each trauma center pursuant to s. 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 408.061. 526
792792 3. Thirty-five percent of the total funds collected shall 527
793793 be distributed to verified trauma centers based on severity of 528
794794 trauma patients for the most recent calendar year ava ilable. The 529
795795 determination of severity for distribution of funds under this 530
796796 subparagraph shall be based on the department's International 531
797797 Classification Injury Severity Scores or another statistically 532
798798 valid and scientifically accepted method of stratifying a trauma 533
799799 patient's severity of injury, risk of mortality, and resource 534
800800 consumption as adopted by the department by rule, weighted based 535
801801 on the costs associated with and incurred by the trauma center 536
802802 in treating trauma patients. The weighting of scores shal l be 537
803803 established by the department by rule. 538
804804 (2) Funds deposited in the department's First Responders 539
805805 Emergency Medical Services Trust Fund for verified trauma 540
806806 centers may be used to maximize the receipt of federal funds 541
807807 that may be available for such tra uma centers. Notwithstanding 542
808808 this section and s. 318.14, distributions to trauma centers may 543
809809 be adjusted in a manner to ensure that total payments to trauma 544
810810 centers represent the same proportional allocation as set forth 545
811811 in this section and s. 318.14. For purposes of this section and 546
812812 s. 318.14, total funds distributed to trauma centers may include 547
813813 revenue from the First Responders Emergency Medical Services 548
814814 Trust Fund and federal funds for which revenue from the 549
815815 Administrative Trust Fund is used to meet sta te or local 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 matching requirements. Funds collected under ss. 318.14 and 551
829829 318.18 and deposited in the First Responders Emergency Medical 552
830830 Services Trust Fund of the department shall be distributed to 553
831831 trauma centers on a quarterly basis using the most recent 554
832832 calendar year data available. Such data shall not be used for 555
833833 more than four quarterly distributions unless there are 556
834834 extenuating circumstances as determined by the department, in 557
835835 which case the most recent calendar year data available shall 558
836836 continue to be used and appropriate adjustments shall be made as 559
837837 soon as the more recent data becomes available. 560
838838 Section 16. Subsection (2) of section 401.2715, Florida 561
839839 Statutes, is amended to read: 562
840840 401.2715 Recertification training of emergency medical 563
841841 technicians and paramedics.— 564
842842 (2) Any individual, institution, school, corporation, or 565
843843 governmental entity may conduct emergency medical technician or 566
844844 paramedic recertification training upon application to the 567
845845 department and payment of a nonrefundable fee to be depo sited 568
846846 into the First Responders Emergency Medical Services Trust Fund. 569
847847 Institutions conducting department -approved educational programs 570
848848 as provided in this chapter and licensed ambulance services are 571
849849 exempt from the application process and payment of fees. The 572
850850 department shall adopt rules for the application and payment of 573
851851 a fee not to exceed the actual cost of administering this 574
852852 approval process. 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 Section 17. Subsection (1) of section 401.34, Florida 576
866866 Statutes, is amended to read: 577
867867 401.34 Fees.— 578
868868 (1) Each organization subject to this part must pay to the 579
869869 department the following nonrefundable fees, and these fees must 580
870870 be deposited into the First Responders Emergency Medical 581
871871 Services Trust Fund to be applied solely for salaries and 582
872872 expenses of the depart ment incurred in implementing and 583
873873 enforcing this part: 584
874874 (a) Basic life support service license application: $660, 585
875875 to be paid biennially. 586
876876 (b) Advanced life support service license application: 587
877877 $1,375, to be paid biennially. 588
878878 (c) Original or renewal vehicle permit application for 589
879879 basic or advanced life support: $25, to be paid biennially. 590
880880 (d) Air ambulance service application: $1,375, to be paid 591
881881 biennially. 592
882882 (e) Original or renewal aircraft permit application for 593
883883 air ambulance: $25, to be paid bien nially. 594
884884 Section 18. Subsection (8) of section 401.411, Florida 595
885885 Statutes, is amended to read: 596
886886 401.411 Disciplinary action; penalties. — 597
887887 (8) All amounts collected under this section must be 598
888888 deposited into the First Responders Emergency Medical Service s 599
889889 Trust Fund. 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 Section 19. Paragraph (b) of subsection (2) of section 601
903903 401.421, Florida Statutes, is amended to read: 602
904904 401.421 Injunctive relief; cease and desist notice; civil 603
905905 penalty; enforcement. — 604
906906 (2) 605
907907 (b) In addition to or in lieu of any remedy pr ovided in 606
908908 paragraph (a), the department may seek the imposition of a civil 607
909909 penalty by the circuit court for any violation for which the 608
910910 department may issue a notice to cease and desist under 609
911911 paragraph (a). The civil penalty must be no less than $500 and 610
912912 no more than $5,000 for each offense. The court may, in addition 611
913913 to any other remedy it finds appropriate, award to the 612
914914 prevailing party court costs and a reasonable attorney's fee, 613
915915 and, if the department prevails, the court may also award 614
916916 reasonable costs of investigation. All amounts collected by the 615
917917 department under this paragraph must be deposited into the First 616
918918 Responders Emergency Medical Services Trust Fund. 617
919919 Section 20. Paragraph (e) of subsection (4) of section 618
920920 401.465, Florida Statutes, is amend ed to read: 619
921921 401.465 911 public safety telecommunicator certification. — 620
922922 (4) FEES.— 621
923923 (e) Fees collected under this section shall be deposited 622
924924 into the First Responders Emergency Medical Services Trust Fund 623
925925 and used solely for salaries and expenses of th e department 624
926926 incurred in administering this section. 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 Section 21. Section 938.07, Florida Statutes, is amended 626
940940 to read: 627
941941 938.07 Driving or boating under the influence. —628
942942 Notwithstanding any other provision of s. 316.193 or s. 327.35, 629
943943 a court cost of $135 shall be added to any fine imposed pursuant 630
944944 to s. 316.193 or s. 327.35. The clerks shall remit the funds to 631
945945 the Department of Revenue, $25 of which shall be deposited in 632
946946 the First Responders Emergency Medical Services Trust Fund, $50 633
947947 shall be deposited in the Operating Trust Fund of the Department 634
948948 of Law Enforcement to be used for operational expenses in 635
949949 conducting the statewide criminal analysis laboratory system 636
950950 established in s. 943.32, and $60 shall be deposited in the 637
951951 Brain and Spinal Cord Injury Program Trust Fund created in s. 638
952952 381.79. 639
953953 Section 22. This act shall take effect October 1, 2025. 640