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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
A bill to be entitled 1
An act relating to first responders; amending s. 2
401.113, F.S.; providing that funds in the First 3
Responders Trust Fund may be used for grants to 4
support first responder mental health; amending s. 5
401.345, F.S.; renaming the Emergency Medical Services 6
Trust Fund as the First Responders Trust Fund; 7
amending ss. 316.0083, 316.061, 316.192, and 318.18, 8
F.S.; revising the amount of fines for certain traffic 9
violations to increase the amount of funding for the 10
First Responders Trust Fund; amending ss. 20.435, 11
316.306, 318.14, 318.21, 320.0801, 320.08058, 395.401, 12
395.403, 395.4036, 401.2715, 401.34, 401.411, 401.421, 13
401.465, and 938.07, F.S.; conforming provisions to 14
changes made by the act; providing an effective date. 15
16
Be It Enacted by the Legislature of t he State of Florida: 17
18
Section 1. Section 401.113, Florida Statutes, is amended 19
to read: 20
401.113 Department; powers and duties. — 21
(1) Funds deposited into the First Responders Emergency 22
Medical Services Trust Fund as provided by ss. 316.061, 316.192, 23
318.21, and 938.07 must be used solely to improve and expand 24
prehospital emergency medical services in the state. 25
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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
(2) The department shall annually dispense funds contained 26
in the First Responders Emergency Medical Services Trust Fund as 27
follows: 28
(a) Forty-five percent of such moneys must be divided 29
among the counties according to the proportion of the combined 30
amount deposited in the trust fund from the county. These funds 31
may not be used to match grant funds as identified in paragraph 32
(b). An individual board of county commissioners may distribute 33
these funds to emergency medical services organizations and 34
youth athletic organizations within the county, as it deems 35
appropriate. 36
(b) Forty percent of such moneys must be used by the 37
department for making matching grants to local agencies, 38
municipalities, emergency medical services organizations, and 39
youth athletic organizations for the purpose of conducting 40
research, increasing existing levels of emergency medical 41
services, evaluation, community educati on, injury-prevention 42
programs, and training in cardiopulmonary resuscitation and 43
other lifesaving and first aid techniques , and first responder 44
mental health. 45
1. At least 90 percent of these moneys must be made 46
available on a cash matching basis. A gran t made under this 47
subparagraph must be contingent upon the recipient providing a 48
cash sum equal to 25 percent of the total department -approved 49
grant amount. 50
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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
2. No more than 10 percent of these moneys must be made 51
available to rural emergency medical serv ices, and 52
notwithstanding the restrictions specified in subsection (1), 53
these moneys may be used for improvement, expansion, or 54
continuation of services provided. A grant made under this 55
subparagraph must be contingent upon the recipient providing a 56
cash sum equal to no more than 10 percent of the total 57
department-approved grant amount. 58
59
The department shall develop procedures and standards for grant 60
disbursement under this paragraph based on the need for 61
emergency medical services, the requirements of the population 62
to be served, and the objectives of the state emergency medical 63
services plan. 64
(c) Fifteen percent of such moneys must be used by the 65
department for capital equipment outlay, personnel, community 66
education, evaluation, and other costs associat ed with the 67
administration of this chapter. Any moneys not annually used for 68
this purpose must be used for making additional rural grant 69
funds available. 70
Section 2. Section 401.345, Florida Statutes, is amended 71
to read: 72
401.345 First Responders Emergency Medical Services Trust 73
Fund.— 74
(1) There is created the First Responders Emergency 75
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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
Medical Services Trust Fund in the State Treasury, which shall 76
be used exclusively for those purposes provided by law. 77
(2) Any funds appropriated in the General Appropriations 78
Act for functions related to emergency medical services, and any 79
other funds that become available for functions related to 80
emergency medical services, must be deposited in the First 81
Responders Emergency Medical Services Trust Fund. 82
Section 3. Paragraph (b) of subsection (1) of section 83
316.0083, Florida Statutes, is amended to read: 84
316.0083 Mark Wandall Traffic Safety Program; 85
administration; report. — 86
(1) 87
(b)1.a. Within 30 days after a viol ation, notification 88
must be sent to the registered owner of the motor vehicle 89
involved in the violation specifying the remedies available 90
under s. 318.14 and that the violator must pay the penalty of 91
$158 to the department, county, or municipality, or furn ish an 92
affidavit in accordance with paragraph (d), or request a hearing 93
within 60 days following the date of the notification in order 94
to avoid the issuance of a traffic citation. The notification 95
must be sent by first -class mail. The mailing of the notice of 96
violation constitutes notification. 97
b. Included with the notification to the registered owner 98
of the motor vehicle involved in the infraction must be a notice 99
that the owner has the right to review the photographic or 100
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electronic images or the streami ng video evidence that 101
constitutes a rebuttable presumption against the owner of the 102
vehicle. The notice must state the time and place or Internet 103
location where the evidence may be examined and observed. 104
c. Notwithstanding any other provision of law, a person 105
who receives a notice of violation under this section may 106
request a hearing within 60 days following the notification of 107
violation or pay the penalty pursuant to the notice of 108
violation, but a payment or fee may not be required before the 109
hearing requested by the person. The notice of violation must be 110
accompanied by, or direct the person to a website that provides, 111
information on the person's right to request a hearing and on 112
all court costs related thereto and a form to request a hearing. 113
As used in this sub-subparagraph, the term "person" includes a 114
natural person, registered owner or co -owner of a motor vehicle, 115
or person identified on an affidavit as having care, custody, or 116
control of the motor vehicle at the time of the violation. 117
d. If the registered owner or co -owner of the motor 118
vehicle, or the person designated as having care, custody, or 119
control of the motor vehicle at the time of the violation, or an 120
authorized representative of the owner, co -owner, or designated 121
person, initiates a proc eeding to challenge the violation 122
pursuant to this paragraph, such person waives any challenge or 123
dispute as to the delivery of the notice of violation. 124
2. Penalties assessed and collected by the department, 125
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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
county, or municipality authorized to collect the funds provided 126
for in this paragraph, less the amount retained by the county or 127
municipality pursuant to subparagraph 3., shall be paid to the 128
Department of Revenue weekly. Payment by the department, county, 129
or municipality to the state shall be made b y means of 130
electronic funds transfers. In addition to the payment, summary 131
detail of the penalties remitted shall be reported to the 132
Department of Revenue. 133
3. Penalties to be assessed and collected by the 134
department, county, or municipality are as follow s: 135
a. One hundred sixty-eight fifty-eight dollars for a 136
violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 137
failed to stop at a traffic signal if enforcement is by the 138
department's traffic infraction enforcement officer. One hundred 139
dollars shall be remitted to the Department of Revenue for 140
deposit into the General Revenue Fund, $20 $10 shall be remitted 141
to the Department of Revenue for deposit into the Department of 142
Health First Responders Emergency Medical Services Trust Fund, 143
$3 shall be remitted to the Department of Revenue for deposit 144
into the Brain and Spinal Cord Injury Trust Fund, and $45 shall 145
be distributed to the municipality in which the violation 146
occurred, or, if the violation occurred in an unincorporated 147
area, to the county in whi ch the violation occurred. Funds 148
deposited into the Department of Health First Responders 149
Emergency Medical Services Trust Fund under this sub -150
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subparagraph shall be distributed as provided in s. 395.4036(1). 151
Proceeds of the infractions in the Brain and Spi nal Cord Injury 152
Trust Fund shall be distributed quarterly to the Miami Project 153
to Cure Paralysis and used for brain and spinal cord research. 154
b. One hundred sixty-eight fifty-eight dollars for a 155
violation of s. 316.074(1) or s. 316.075(1)(c)1. when a dri ver 156
failed to stop at a traffic signal if enforcement is by a county 157
or municipal traffic infraction enforcement officer. Seventy 158
dollars shall be remitted by the county or municipality to the 159
Department of Revenue for deposit into the General Revenue Fund , 160
$20 $10 shall be remitted to the Department of Revenue for 161
deposit into the Department of Health First Responders Emergency 162
Medical Services Trust Fund, $3 shall be remitted to the 163
Department of Revenue for deposit into the Brain and Spinal Cord 164
Injury Trust Fund, and $75 shall be retained by the county or 165
municipality enforcing the ordinance enacted pursuant to this 166
section. Funds deposited into the Department of Health First 167
Responders Emergency Medical Services Trust Fund under this sub -168
subparagraph shall be distributed as provided in s. 395.4036(1). 169
Proceeds of the infractions in the Brain and Spinal Cord Injury 170
Trust Fund shall be distributed quarterly to the Miami Project 171
to Cure Paralysis and used for brain and spinal cord research. 172
4. An individual may not receive a commission from any 173
revenue collected from violations detected through the use of a 174
traffic infraction detector. A manufacturer or vendor may not 175
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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
receive a fee or remuneration based upon the number of 176
violations detected through the us e of a traffic infraction 177
detector. 178
Section 4. Subsection (1) of section 316.061, Florida 179
Statutes, is amended to read: 180
316.061 Crashes involving damage to vehicle or property. — 181
(1) The driver of any vehicle involved in a crash 182
resulting only in da mage to a vehicle or other property which is 183
driven or attended by any person shall immediately stop such 184
vehicle at the scene of such crash or as close thereto as 185
possible, and shall forthwith return to, and in every event 186
shall remain at, the scene of th e crash until he or she has 187
fulfilled the requirements of s. 316.062. A person who violates 188
this subsection commits a misdemeanor of the second degree, 189
punishable as provided in s. 775.082 or s. 775.083. 190
Notwithstanding any other provision of this section, $10 $5 191
shall be added to a fine imposed pursuant to this section, which 192
$10 $5 shall be deposited in the First Responders Emergency 193
Medical Services Trust Fund. 194
Section 5. Subsection (4) of section 316.192, Florida 195
Statutes, is amended to read: 196
316.192 Reckless driving. — 197
(4) Notwithstanding any other provision of this section, 198
$10 $5 shall be added to a fine imposed pursuant to this 199
section. The clerk shall remit the $10 $5 to the Department of 200
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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
Revenue for deposit in the First Responders Emergency Medical 201
Services Trust Fund. 202
Section 6. Paragraph (i) of subsection (3), paragraph (c) 203
of subsection (5), paragraphs (a) and (e) of subsection (16), 204
and subsection (21) of section 318.18, Florida Statutes, are 205
amended to read: 206
318.18 Amount of penalties.—The penalties required for a 207
noncriminal disposition pursuant to s. 318.14 or a criminal 208
offense listed in s. 318.17 are as follows: 209
(3) 210
(i) A person cited for a second or subsequent conviction 211
of speed exceeding the limit by 30 miles per hour and above 212
within a 12-month period shall pay a fine that is double the 213
amount listed in paragraph (b). For purposes of this paragraph, 214
the term "conviction" means a finding of guilt as a result of a 215
jury verdict, nonjury trial, or entry of a plea of guilt y. 216
Moneys received from the increased fine imposed by this 217
paragraph shall be remitted to the Department of Revenue and 218
deposited into the Department of Health First Responders 219
Emergency Medical Services Trust Fund to provide financial 220
support to certified trauma centers to assure the availability 221
and accessibility of trauma services throughout the state. Funds 222
deposited into the First Responders Emergency Medical Services 223
Trust Fund under this section shall be allocated as follows: 224
1. Fifty percent shall be allocated equally among all 225
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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
Level I, Level II, and pediatric trauma centers in recognition 226
of readiness costs for maintaining trauma services. 227
2. Fifty percent shall be allocated among Level I, Level 228
II, and pediatric trauma centers based on each cen ter's relative 229
volume of trauma cases as calculated using the hospital 230
discharge data collected pursuant to s. 408.061. 231
(5) 232
(c) In addition to the penalty under paragraph (a) or 233
paragraph (b), $130 $65 for a violation of s. 316.172(1)(a) or 234
(b). If the alleged offender is found to have committed the 235
offense, the court shall impose the civil penalty under 236
paragraph (a) or paragraph (b) plus an additional $130 $65. The 237
additional $130 $65 collected under this paragraph shall be 238
remitted to the Department o f Revenue for deposit into the First 239
Responders Emergency Medical Services Trust Fund of the 240
Department of Health to be used as provided in s. 395.4036. If a 241
violation of s. 316.172(1)(a) or (b) is enforced by a school bus 242
infraction detection system pursu ant to s. 316.173, the 243
additional amount imposed on a notice of violation, on a uniform 244
traffic citation, or by the court under this paragraph must be 245
$25, in lieu of the additional $130 $65, and must be remitted to 246
the participating school district and us ed pursuant to s. 247
316.173(7). 248
(16)(a)1. One hundred and ninety-three fifty-eight dollars 249
for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a 250
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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
driver has failed to stop at a traffic signal and when enforced 251
by a law enforcement officer. Sixty dol lars shall be distributed 252
as provided in s. 318.21, $30 shall be distributed to the 253
General Revenue Fund, $3 shall be remitted to the Department of 254
Revenue for deposit into the Brain and Spinal Cord Injury Trust 255
Fund, and the remaining $130 $65 shall be remitted to the 256
Department of Revenue for deposit into the First Responders 257
Emergency Medical Services Trust Fund of the Department of 258
Health. 259
2. One hundred and sixty-eight fifty-eight dollars for a 260
violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 261
has failed to stop at a traffic signal and when enforced by the 262
department's traffic infraction enforcement officer. One hundred 263
dollars shall be remitted to the Department of Re venue for 264
deposit into the General Revenue Fund, $45 shall be distributed 265
to the county for any violations occurring in any unincorporated 266
areas of the county or to the municipality for any violations 267
occurring in the incorporated boundaries of the municip ality in 268
which the infraction occurred, $20 $10 shall be remitted to the 269
Department of Revenue for deposit into the Department of Health 270
First Responders Emergency Medical Services Trust Fund for 271
distribution as provided in s. 395.4036(1), and $3 shall be 272
remitted to the Department of Revenue for deposit into the Brain 273
and Spinal Cord Injury Trust Fund. 274
3. One hundred and sixty-eight fifty-eight dollars for a 275
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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
violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver 276
has failed to stop at a traffic signal and when enforced by a 277
county's or municipality's traffic infraction enforcement 278
officer. Seventy-five dollars shall be distributed to the county 279
or municipality issuing the traffic citation, $70 shall be 280
remitted to the Department of Revenue for deposit into the 281
General Revenue Fund, $20 $10 shall be remitted to the 282
Department of Revenue for deposit into the Department of Health 283
First Responders Emergency Medical Services Trust Fund for 284
distribution as provided in s. 395.4036(1), and $3 shall be 285
remitted to the Department of Revenue for deposit into the Brain 286
and Spinal Cord Injury Trust Fund. 287
(e) Funds deposited into the Department of Health First 288
Responders Emergency Medical Services Trust Fund under this 289
subsection shall be distributed as provided in s. 395.4036(1). 290
(21) In addition to any other penalty, $130 $65 for a 291
violation of s. 316.191, prohibiting racing on highways, street 292
takeovers, and stunt driving, or s. 316.192, prohibiting 293
reckless driving. The additional $130 $65 collected under this 294
subsection shall be remitted to the Department of Revenue for 295
deposit into the First Responders Emergency Medical Services 296
Trust Fund of the Department of Health to be used as provided in 297
s. 395.4036. 298
Section 7. Subsection (11) of section 20.435, Florida 299
Statutes, is amended to read: 300
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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
20.435 Department of Health; trust funds. —The following 301
trust funds shall be administered by the Department of Health: 302
(11) FIRST RESPONDERS EMERGENCY MEDICAL SERVICES TRUST 303
FUND.— 304
(a) Funds to be credited to and uses of the trust fund 305
shall be administered in accordance with ss. 318.14, 318.18, 306
318.21, 395.403, and 395.4036 and parts I and II of chapter 401. 307
(b) Notwithstanding the provisions of s. 216.301 and 308
pursuant to s. 216.351, any balance in the trust fund at the end 309
of any fiscal year shall remain in the trust fund at the end of 310
the year and shall be available for carrying out the purposes of 311
the trust fund. 312
Section 8. Subsection (5) of section 316.306, Florida 313
Statutes, is amended to read: 314
316.306 School and work zones; prohibition on the use of a 315
wireless communications device in a handheld manner. — 316
(5) Notwithstanding s. 318.21, all proceeds collecte d 317
pursuant to s. 318.18 for violations of this section must be 318
remitted to the Department of Revenue for deposit into the First 319
Responders Emergency Medical Services Trust Fund of the 320
Department of Health. 321
Section 9. Subsection (5) of section 318.14, F lorida 322
Statutes, is amended to read: 323
318.14 Noncriminal traffic infractions; exception; 324
procedures.— 325
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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
(5) Any person electing to appear before the designated 326
official or who is required to appear shall be deemed to have 327
waived his or her right to the ci vil penalty provisions of s. 328
318.18. The official, after a hearing, shall make a 329
determination as to whether an infraction has been committed. If 330
the commission of an infraction has been proven, the official 331
may impose a civil penalty not to exceed $500, e xcept that in 332
cases involving unlawful speed in a school zone or involving 333
unlawful speed in a construction zone, the civil penalty may not 334
exceed $1,000; or require attendance at a driver improvement 335
school, or both. If the person is required to appear be fore the 336
designated official pursuant to s. 318.19(1) and is found to 337
have committed the infraction, the designated official shall 338
impose a civil penalty of $1,000 in addition to any other 339
penalties and the person's driver license shall be suspended for 340
6 months. If the person is required to appear before the 341
designated official pursuant to s. 318.19(1) and is found to 342
have committed the infraction against a vulnerable road user as 343
defined in s. 316.027(1), the designated official shall impose a 344
civil penalty of not less than $5,000 in addition to any other 345
penalties, the person's driver license shall be suspended for 1 346
year, and the person shall be required to attend a department -347
approved driver improvement course relating to the rights of 348
vulnerable road users relative to vehicles on the roadway as 349
provided in s. 322.0261(2). If the person is required to appear 350
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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
before the designated official pursuant to s. 318.19(2) and is 351
found to have committed the infraction, the designated official 352
shall impose a civil penalty of $500 in addition to any other 353
penalties and the person's driver license shall be suspended for 354
3 months. If the person is required to appear before the 355
designated official pursuant to s. 318.19(2) and is found to 356
have committed the infraction ag ainst a vulnerable road user as 357
defined in s. 316.027(1), the designated official shall impose a 358
civil penalty of not less than $1,500 in addition to any other 359
penalties, the person's driver license shall be suspended for 3 360
months, and the person shall be required to attend a department -361
approved driver improvement course relating to the rights of 362
vulnerable road users relative to vehicles on the roadway as 363
provided in s. 322.0261(2). If the official determines that no 364
infraction has been committed, no costs or penalties shall be 365
imposed and any costs or penalties that have been paid shall be 366
returned. Moneys received from the mandatory civil penalties 367
imposed pursuant to this subsection upon persons required to 368
appear before a designated official pursuant to s. 318.19(1) or 369
(2) shall be remitted to the Department of Revenue and deposited 370
into the Department of Health First Responders Emergency Medical 371
Services Trust Fund to provide financial support to certified 372
trauma centers to assure the availability and a ccessibility of 373
trauma services throughout the state. Funds deposited into the 374
First Responders Emergency Medical Services Trust Fund under 375
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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
this section shall be allocated as follows: 376
(a) Fifty percent shall be allocated equally among all 377
Level I, Level II, and pediatric trauma centers in recognition 378
of readiness costs for maintaining trauma services. 379
(b) Fifty percent shall be allocated among Level I, Level 380
II, and pediatric trauma centers based on each center's relative 381
volume of trauma cases as calcu lated using the hospital 382
discharge data collected pursuant to s. 408.061. 383
Section 10. Paragraph (b) of subsection (2) and subsection 384
(15) of section 318.21, Florida Statutes, are amended to read: 385
318.21 Disposition of civil penalties by county courts .—386
All civil penalties received by a county court pursuant to the 387
provisions of this chapter shall be distributed and paid monthly 388
as follows: 389
(2) Of the remainder: 390
(b) Seven and two-tenths percent shall be remitted to the 391
Department of Revenue for depo sit in the First Responders 392
Emergency Medical Services Trust Fund for the purposes set forth 393
in s. 401.113. 394
(15) Of the additional fine assessed under s. 318.18(3)(f) 395
for a violation of s. 316.1893, 50 percent of the moneys 396
received from the fines shall be appropriated to the Agency for 397
Health Care Administration as general revenue to provide an 398
enhanced Medicaid payment to nursing homes that serve Medicaid 399
recipients with brain and spinal cord injuries. The remaining 50 400
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percent of the moneys received fro m the enhanced fine imposed 401
under s. 318.18(3)(f) shall be remitted to the Department of 402
Revenue and deposited into the Department of Health First 403
Responders Emergency Medical Services Trust Fund to provide 404
financial support to certified trauma centers in the counties 405
where enhanced penalty zones are established to ensure the 406
availability and accessibility of trauma services. Funds 407
deposited into the First Responders Emergency Medical Services 408
Trust Fund under this subsection shall be allocated as follows: 409
(a) Fifty percent shall be allocated equally among all 410
Level I, Level II, and pediatric trauma centers in recognition 411
of readiness costs for maintaining trauma services. 412
(b) Fifty percent shall be allocated among Level I, Level 413
II, and pediatric trauma centers based on each center's relative 414
volume of trauma cases as calculated using the hospital 415
discharge data collected pursuant to s. 408.061. 416
Section 11. Subsection (1) of section 320.0801, Florida 417
Statutes, is amended to read: 418
320.0801 Additional license tax on certain vehicles. — 419
(1) In addition to the license taxes specified in s. 420
320.08 and in subsection (2), there is hereby levied and imposed 421
an annual license tax of 10 cents for the operation of a motor 422
vehicle, as defined in s. 320.01, and moped, as defined in s. 423
316.003, which tax shall be paid to the department or its agent 424
upon the registration or renewal of registration of the vehicle. 425
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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
Notwithstanding s. 320.20, revenues collected from the tax 426
imposed in this subsection shall be deposit ed in the First 427
Responders Emergency Medical Services Trust Fund and used solely 428
for the purpose of carrying out ss. 395.401, 395.4015, 395.404, 429
and 395.4045 and s. 11, chapter 87 -399, Laws of Florida. 430
Section 12. Paragraph (b) of subsection (118) of s ection 431
320.08058, Florida Statutes, is amended to read: 432
320.08058 Specialty license plates. — 433
(118) SUPPORT HEALTHCARE HEROES LICENSE PLATES. — 434
(b) The annual use fees from the sale of the plate shall 435
be distributed annually into the First Responders Emergency 436
Medical Services Trust Fund within the Department of Health to 437
provide financial support for prehospital emergency medical 438
services pursuant to s. 401.113. 439
Section 13. Subsection (3) of section 395.401, Florida 440
Statutes, is amended to read: 441
395.401 Trauma services system plans; approval of trauma 442
centers and pediatric trauma centers; procedures; renewal. — 443
(3) The department may withdraw local or regional agency 444
authority, prescribe corrective actions, or use the 445
administrative remedies as provided in s. 395.1065 for the 446
violation of any provision of this section and ss. 395.4015, 447
395.402, 395.4025, 395.403, 395.404, and 395.4045 or rules 448
adopted thereunder. All amounts collected pursuant to this 449
subsection shall be deposited into the First Responders 450
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Emergency Medical Services Trust Fund provided in s. 401.34. 451
Section 14. Subsections (1) and (2) of section 395.403, 452
Florida Statutes, are amended to read: 453
395.403 Reimbursement of trauma centers. — 454
(1) All verified trauma centers shall b e considered 455
eligible to receive state funding when state funds are 456
specifically appropriated for state -sponsored trauma centers in 457
the General Appropriations Act. Effective July 1, 2010, The 458
department shall make payments from the First Responders 459
Emergency Medical Services Trust Fund under s. 20.435 to the 460
trauma centers. Payments shall be in equal amounts for the 461
trauma centers approved by the department as of July 1 of the 462
fiscal year in which funding is appropriated. In the event a 463
trauma center does n ot maintain its status as a trauma center 464
for any state fiscal year in which such funding is appropriated, 465
the trauma center shall repay the state for the portion of the 466
year during which it was not a trauma center. 467
(2) Trauma centers eligible to receive distributions from 468
the First Responders Emergency Medical Services Trust Fund under 469
s. 20.435 in accordance with subsection (1) may request that 470
such funds be used as intergovernmental transfer funds in the 471
Medicaid program. 472
Section 15. Subsections (1 ) and (2) of section 395.4036, 473
Florida Statutes, are amended to read: 474
395.4036 Trauma payments. — 475
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(1) Recognizing the Legislature's stated intent to provide 476
financial support to the current verified trauma centers and to 477
provide incentives for the estab lishment of additional trauma 478
centers as part of a system of state -sponsored trauma centers, 479
the department shall utilize funds collected under s. 318.18 and 480
deposited into the First Responders Emergency Medical Services 481
Trust Fund of the department to ens ure the availability and 482
accessibility of trauma services throughout the state as 483
provided in this subsection. 484
(a) Funds collected under s. 318.18(16) shall be 485
distributed as follows: 486
1. Twenty percent of the total funds collected during the 487
state fiscal year shall be distributed to verified trauma 488
centers that have a local funding contribution as of December 489
31. Distribution of funds under this subparagraph shall be based 490
on trauma caseload volume for the most recent calendar year 491
available. 492
2. Forty percent of the total funds collected shall be 493
distributed to verified trauma centers based on trauma caseload 494
volume for the most recent calendar year available. The 495
determination of caseload volume for distribution of funds under 496
this subparagraph shall be based on the hospital discharge data 497
for patients who meet the criteria for classification as a 498
trauma patient reported by each trauma center pursuant to s. 499
408.061. 500
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3. Forty percent of the total funds collected shall be 501
distributed to verified trauma centers based on severity of 502
trauma patients for the most recent calendar year available. The 503
determination of severity for distribution of funds under this 504
subparagraph shall be based on the department's International 505
Classification Injury Severity Score s or another statistically 506
valid and scientifically accepted method of stratifying a trauma 507
patient's severity of injury, risk of mortality, and resource 508
consumption as adopted by the department by rule, weighted based 509
on the costs associated with and incu rred by the trauma center 510
in treating trauma patients. The weighting of scores shall be 511
established by the department by rule. 512
(b) Funds collected under s. 318.18(5)(c) and (21) shall 513
be distributed as follows: 514
1. Thirty percent of the total funds coll ected shall be 515
distributed to Level II trauma centers operated by a public 516
hospital governed by an elected board of directors as of 517
December 31, 2008. 518
2. Thirty-five percent of the total funds collected shall 519
be distributed to verified trauma centers bas ed on trauma 520
caseload volume for the most recent calendar year available. The 521
determination of caseload volume for distribution of funds under 522
this subparagraph shall be based on the hospital discharge data 523
for patients who meet the criteria for classifica tion as a 524
trauma patient reported by each trauma center pursuant to s. 525
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408.061. 526
3. Thirty-five percent of the total funds collected shall 527
be distributed to verified trauma centers based on severity of 528
trauma patients for the most recent calendar year ava ilable. The 529
determination of severity for distribution of funds under this 530
subparagraph shall be based on the department's International 531
Classification Injury Severity Scores or another statistically 532
valid and scientifically accepted method of stratifying a trauma 533
patient's severity of injury, risk of mortality, and resource 534
consumption as adopted by the department by rule, weighted based 535
on the costs associated with and incurred by the trauma center 536
in treating trauma patients. The weighting of scores shal l be 537
established by the department by rule. 538
(2) Funds deposited in the department's First Responders 539
Emergency Medical Services Trust Fund for verified trauma 540
centers may be used to maximize the receipt of federal funds 541
that may be available for such tra uma centers. Notwithstanding 542
this section and s. 318.14, distributions to trauma centers may 543
be adjusted in a manner to ensure that total payments to trauma 544
centers represent the same proportional allocation as set forth 545
in this section and s. 318.14. For purposes of this section and 546
s. 318.14, total funds distributed to trauma centers may include 547
revenue from the First Responders Emergency Medical Services 548
Trust Fund and federal funds for which revenue from the 549
Administrative Trust Fund is used to meet sta te or local 550
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matching requirements. Funds collected under ss. 318.14 and 551
318.18 and deposited in the First Responders Emergency Medical 552
Services Trust Fund of the department shall be distributed to 553
trauma centers on a quarterly basis using the most recent 554
calendar year data available. Such data shall not be used for 555
more than four quarterly distributions unless there are 556
extenuating circumstances as determined by the department, in 557
which case the most recent calendar year data available shall 558
continue to be used and appropriate adjustments shall be made as 559
soon as the more recent data becomes available. 560
Section 16. Subsection (2) of section 401.2715, Florida 561
Statutes, is amended to read: 562
401.2715 Recertification training of emergency medical 563
technicians and paramedics.— 564
(2) Any individual, institution, school, corporation, or 565
governmental entity may conduct emergency medical technician or 566
paramedic recertification training upon application to the 567
department and payment of a nonrefundable fee to be depo sited 568
into the First Responders Emergency Medical Services Trust Fund. 569
Institutions conducting department -approved educational programs 570
as provided in this chapter and licensed ambulance services are 571
exempt from the application process and payment of fees. The 572
department shall adopt rules for the application and payment of 573
a fee not to exceed the actual cost of administering this 574
approval process. 575
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Section 17. Subsection (1) of section 401.34, Florida 576
Statutes, is amended to read: 577
401.34 Fees.— 578
(1) Each organization subject to this part must pay to the 579
department the following nonrefundable fees, and these fees must 580
be deposited into the First Responders Emergency Medical 581
Services Trust Fund to be applied solely for salaries and 582
expenses of the depart ment incurred in implementing and 583
enforcing this part: 584
(a) Basic life support service license application: $660, 585
to be paid biennially. 586
(b) Advanced life support service license application: 587
$1,375, to be paid biennially. 588
(c) Original or renewal vehicle permit application for 589
basic or advanced life support: $25, to be paid biennially. 590
(d) Air ambulance service application: $1,375, to be paid 591
biennially. 592
(e) Original or renewal aircraft permit application for 593
air ambulance: $25, to be paid bien nially. 594
Section 18. Subsection (8) of section 401.411, Florida 595
Statutes, is amended to read: 596
401.411 Disciplinary action; penalties. — 597
(8) All amounts collected under this section must be 598
deposited into the First Responders Emergency Medical Service s 599
Trust Fund. 600
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Section 19. Paragraph (b) of subsection (2) of section 601
401.421, Florida Statutes, is amended to read: 602
401.421 Injunctive relief; cease and desist notice; civil 603
penalty; enforcement. — 604
(2) 605
(b) In addition to or in lieu of any remedy pr ovided in 606
paragraph (a), the department may seek the imposition of a civil 607
penalty by the circuit court for any violation for which the 608
department may issue a notice to cease and desist under 609
paragraph (a). The civil penalty must be no less than $500 and 610
no more than $5,000 for each offense. The court may, in addition 611
to any other remedy it finds appropriate, award to the 612
prevailing party court costs and a reasonable attorney's fee, 613
and, if the department prevails, the court may also award 614
reasonable costs of investigation. All amounts collected by the 615
department under this paragraph must be deposited into the First 616
Responders Emergency Medical Services Trust Fund. 617
Section 20. Paragraph (e) of subsection (4) of section 618
401.465, Florida Statutes, is amend ed to read: 619
401.465 911 public safety telecommunicator certification. — 620
(4) FEES.— 621
(e) Fees collected under this section shall be deposited 622
into the First Responders Emergency Medical Services Trust Fund 623
and used solely for salaries and expenses of th e department 624
incurred in administering this section. 625
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Section 21. Section 938.07, Florida Statutes, is amended 626
to read: 627
938.07 Driving or boating under the influence. —628
Notwithstanding any other provision of s. 316.193 or s. 327.35, 629
a court cost of $135 shall be added to any fine imposed pursuant 630
to s. 316.193 or s. 327.35. The clerks shall remit the funds to 631
the Department of Revenue, $25 of which shall be deposited in 632
the First Responders Emergency Medical Services Trust Fund, $50 633
shall be deposited in the Operating Trust Fund of the Department 634
of Law Enforcement to be used for operational expenses in 635
conducting the statewide criminal analysis laboratory system 636
established in s. 943.32, and $60 shall be deposited in the 637
Brain and Spinal Cord Injury Program Trust Fund created in s. 638
381.79. 639
Section 22. This act shall take effect October 1, 2025. 640