| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Health; amending s. |
| 3 | 20.435, F.S.; revising provisions for administration and |
| 4 | use of funds in the Administrative Trust Fund and the |
| 5 | Emergency Medical Services Trust Fund; providing for such |
| 6 | administration and use under specified provisions; |
| 7 | amending ss. 318.14, 318.18, and 318.21, F.S.; providing |
| 8 | that funds collected from disposition of certain motor |
| 9 | vehicle infractions shall be deposited into the Emergency |
| 10 | Medical Services Trust Fund; removing provisions for |
| 11 | deposit of such funds into the Administrative Trust Fund; |
| 12 | providing for use of the funds; correcting a reference; |
| 13 | amending ss. 320.131, 327.35, 381.765, and 938.07, F.S.; |
| 14 | correcting references to the Brain and Spinal Cord Injury |
| 15 | Program Trust Fund; amending ss. 381.78 and 381.79, F.S.; |
| 16 | correcting references; amending s. 395.403, F.S., relating |
| 17 | to reimbursement of trauma centers; revising eligibility |
| 18 | provisions to remove provisional trauma centers and |
| 19 | certain hospitals; providing for payments to be made from |
| 20 | the Emergency Medical Services Trust Fund; removing |
| 21 | provisions for one-time payments from the Administrative |
| 22 | Trust Fund; amending s. 395.4036, F.S.; providing for use |
| 23 | of funds in the Emergency Medical Services Trust Fund for |
| 24 | verified trauma centers; removing provisions for such use |
| 25 | of funds in the Administrative Trust Fund; providing an |
| 26 | effective date. |
| 27 |
|
| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Paragraph (a) of subsection (1) and paragraph |
| 31 | (a) of subsection (14) of section 20.435, Florida Statutes, are |
| 32 | amended to read: |
| 33 | 20.435 Department of Health; trust funds.-The following |
| 34 | trust 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 |
| 37 | shall be administered in accordance with s. 215.32 consist of |
| 38 | regulatory fees such as those pertaining to the licensing, |
| 39 | permitting, and inspection of septic tanks, food hygiene, onsite |
| 40 | sewage, Superfund compliance, solid waste management, tanning |
| 41 | facilities, mobile home and recreational vehicle park |
| 42 | inspection, other departmental regulatory and health care |
| 43 | programs, and indirect earnings from grants. Funds shall be used |
| 44 | for the purpose of supporting the regulatory activities of the |
| 45 | department and for other such purposes as may be appropriate and |
| 46 | shall be expended only pursuant to legislative appropriation or |
| 47 | an approved amendment to the department's operating budget |
| 48 | pursuant 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 |
| 51 | shall be administered in accordance with ss. 318.14, 318.18, |
| 52 | 318.21, 395.403, and 395.4036 and the provisions of parts I and |
| 53 | II of chapter 401. |
| 54 | Section 2. Subsection (5) of section 318.14, Florida |
| 55 | Statutes, is amended to read: |
| 56 | 318.14 Noncriminal traffic infractions; exception; |
| 57 | procedures.- |
| 58 | (5) Any person electing to appear before the designated |
| 59 | official or who is required so to appear shall be deemed to have |
| 60 | waived his or her right to the civil penalty provisions of s. |
| 61 | 318.18. The official, after a hearing, shall make a |
| 62 | determination as to whether an infraction has been committed. If |
| 63 | the commission of an infraction has been proven, the official |
| 64 | may impose a civil penalty not to exceed $500, except that in |
| 65 | cases involving unlawful speed in a school zone or involving |
| 66 | unlawful speed in a construction zone, the civil penalty may not |
| 67 | exceed $1,000; or require attendance at a driver improvement |
| 68 | school, or both. If the person is required to appear before the |
| 69 | designated official pursuant to s. 318.19(1) and is found to |
| 70 | have committed the infraction, the designated official shall |
| 71 | impose a civil penalty of $1,000 in addition to any other |
| 72 | penalties and the person's driver's license shall be suspended |
| 73 | for 6 months. If the person is required to appear before the |
| 74 | designated official pursuant to s. 318.19(2) and is found to |
| 75 | have committed the infraction, the designated official shall |
| 76 | impose a civil penalty of $500 in addition to any other |
| 77 | penalties and the person's driver's license shall be suspended |
| 78 | for 3 months. If the official determines that no infraction has |
| 79 | been committed, no costs or penalties shall be imposed and any |
| 80 | costs or penalties that have been paid shall be returned. Moneys |
| 81 | received from the mandatory civil penalties imposed pursuant to |
| 82 | this subsection upon persons required to appear before a |
| 83 | designated official pursuant to s. 318.19(1) or (2) shall be |
| 84 | remitted to the Department of Revenue and deposited into the |
| 85 | Department of Health Emergency Medical Services Administrative |
| 86 | Trust Fund to provide financial support to certified trauma |
| 87 | centers to assure the availability and accessibility of trauma |
| 88 | services throughout the state. Funds deposited into the |
| 89 | Emergency Medical Services Administrative Trust Fund under this |
| 90 | section shall be allocated as follows: |
| 91 | (a) Fifty percent shall be allocated equally among all |
| 92 | Level I, Level II, and pediatric trauma centers in recognition |
| 93 | of readiness costs for maintaining trauma services. |
| 94 | (b) Fifty percent shall be allocated among Level I, Level |
| 95 | II, and pediatric trauma centers based on each center's relative |
| 96 | volume of trauma cases as reported in the Department of Health |
| 97 | Trauma Registry. |
| 98 | Section 3. Paragraph (h) of subsection (3), paragraph (c) |
| 99 | of subsection (5), and subsection (20) of section 318.18, |
| 100 | Florida Statutes, are amended to read: |
| 101 | 318.18 Amount of penalties.-The penalties required for a |
| 102 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 103 | offense listed in s. 318.17 are as follows: |
| 104 | (3) |
| 105 | (h) A person cited for a second or subsequent conviction |
| 106 | of speed exceeding the limit by 30 miles per hour and above |
| 107 | within a 12-month period shall pay a fine that is double the |
| 108 | amount listed in paragraph (b). For purposes of this paragraph, |
| 109 | the term "conviction" means a finding of guilt as a result of a |
| 110 | jury verdict, nonjury trial, or entry of a plea of guilty. |
| 111 | Moneys received from the increased fine imposed by this |
| 112 | paragraph shall be remitted to the Department of Revenue and |
| 113 | deposited into the Department of Health Emergency Medical |
| 114 | Services Administrative Trust Fund to provide financial support |
| 115 | to certified trauma centers to assure the availability and |
| 116 | accessibility of trauma services throughout the state. Funds |
| 117 | deposited into the Emergency Medical Services Administrative |
| 118 | Trust Fund under this section shall be allocated as follows: |
| 119 | 1. Fifty percent shall be allocated equally among all |
| 120 | Level I, Level II, and pediatric trauma centers in recognition |
| 121 | of readiness costs for maintaining trauma services. |
| 122 | 2. Fifty percent shall be allocated among Level I, Level |
| 123 | II, and pediatric trauma centers based on each center's relative |
| 124 | volume of trauma cases as reported in the Department of Health |
| 125 | Trauma Registry. |
| 126 | (5) |
| 127 | (c) In addition to the penalty under paragraph (a) or |
| 128 | paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). |
| 129 | If the alleged offender is found to have committed the offense, |
| 130 | the court shall impose the civil penalty under paragraph (a) or |
| 131 | paragraph (b) plus an additional $65. The additional $65 |
| 132 | collected under this paragraph shall be remitted to the |
| 133 | Department of Revenue for deposit into the Emergency Medical |
| 134 | Services Administrative Trust Fund of the Department of Health |
| 135 | to be used as provided in s. 395.4036. |
| 136 | (20) In addition to any other penalty, $65 for a violation |
| 137 | of s. 316.191, prohibiting racing on highways, or s. 316.192, |
| 138 | prohibiting reckless driving. The additional $65 collected under |
| 139 | this subsection shall be remitted to the Department of Revenue |
| 140 | for deposit into the Emergency Medical Services Administrative |
| 141 | Trust Fund of the Department of Health to be used |
| 142 | s. 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.- |
| 146 | All civil penalties received by a county court pursuant to the |
| 147 | provisions of this chapter shall be distributed and paid monthly |
| 148 | as follows: |
| 149 | (2) Of the remainder: |
| 150 | (d) Eight and two-tenths percent shall be remitted to the |
| 151 | Department of Revenue for deposit in the Brain and Spinal Cord |
| 152 | Injury Program Rehabilitation Trust Fund for the purposes set |
| 153 | forth in s. 381.79. |
| 154 | (15) Of the additional fine assessed under s. 318.18(3)(e) |
| 155 | for a violation of s. 316.1893, 50 percent of the moneys |
| 156 | received from the fines shall be appropriated to the Agency for |
| 157 | Health Care Administration as general revenue to provide an |
| 158 | enhanced Medicaid payment to nursing homes that serve Medicaid |
| 159 | recipients with brain and spinal cord injuries. The remaining 50 |
| 160 | percent of the moneys received from the enhanced fine imposed |
| 161 | under s. 318.18(3)(e) shall be remitted to the Department of |
| 162 | Revenue and deposited into the Department of Health Emergency |
| 163 | Medical Services Administrative Trust Fund to provide financial |
| 164 | support to certified trauma centers in the counties where |
| 165 | enhanced penalty zones are established to ensure the |
| 166 | availability and accessibility of trauma services. Funds |
| 167 | deposited into the Emergency Medical Services Administrative |
| 168 | Trust Fund under this subsection shall be allocated as follows: |
| 169 | (a) Fifty percent shall be allocated equally among all |
| 170 | Level I, Level II, and pediatric trauma centers in recognition |
| 171 | of readiness costs for maintaining trauma services. |
| 172 | (b) Fifty percent shall be allocated among Level I, Level |
| 173 | II, and pediatric trauma centers based on each center's relative |
| 174 | volume of trauma cases as reported in the Department of Health |
| 175 | Trauma Registry. |
| 176 | Section 5. Subsection (2) of section 320.131, Florida |
| 177 | Statutes, is amended to read: |
| 178 | 320.131 Temporary tags.- |
| 179 | (2) The department is authorized to sell temporary tags, |
| 180 | in addition to those listed above, to their agents and where |
| 181 | need is demonstrated by a consumer complainant. The fee shall be |
| 182 | $2 each. One dollar from each tag sold shall be deposited into |
| 183 | the Brain and Spinal Cord Injury Program Rehabilitation Trust |
| 184 | Fund, with the remaining proceeds being deposited into the |
| 185 | Highway Safety Operating Trust Fund. Agents of the department |
| 186 | shall sell temporary tags for $2 each and shall charge the |
| 187 | service charge authorized by s. 320.04 per transaction, |
| 188 | regardless of the quantity sold. Requests for purchase of |
| 189 | temporary tags to the department or its agents shall be made, |
| 190 | where applicable, on letterhead stationery and notarized. Except |
| 191 | as specifically provided otherwise, a temporary tag shall be |
| 192 | valid for 30 days, and no more than two shall be issued to the |
| 193 | same person for the same vehicle. |
| 194 | Section 6. Subsection (9) of section 327.35, Florida |
| 195 | Statutes, is amended to read: |
| 196 | 327.35 Boating under the influence; penalties; "designated |
| 197 | drivers".- |
| 198 | (9) Notwithstanding any other provision of this section, |
| 199 | for any person convicted of a violation of subsection (1), in |
| 200 | addition to the fines set forth in subsections (2) and (4), an |
| 201 | additional fine of $60 shall be assessed and collected in the |
| 202 | same manner as the fines set forth in subsections (2) and (4). |
| 203 | All fines collected under this subsection shall be remitted by |
| 204 | the clerk of the court to the Department of Revenue for deposit |
| 205 | into the Brain and Spinal Cord Injury Program Rehabilitation |
| 206 | Trust Fund and used for the purposes set forth in s. 381.79, |
| 207 | after 5 percent is deducted therefrom by the clerk of the court |
| 208 | for administrative costs. |
| 209 | Section 7. Subsection (2) of section 381.765, Florida |
| 210 | Statutes, 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 |
| 213 | acquired in operating the brain and spinal cord injury program |
| 214 | when they are no longer necessary or exchange them for necessary |
| 215 | items that may be used to greater advantage. When any such |
| 216 | surplus equipment is sold or exchanged, a receipt for the |
| 217 | equipment shall be taken from the purchaser showing the |
| 218 | consideration given for such equipment and forwarded to the |
| 219 | Chief Financial Officer, and any funds received by the brain and |
| 220 | spinal cord injury program pursuant to any such transaction |
| 221 | shall be deposited in the Brain and Spinal Cord Injury Program |
| 222 | Rehabilitation Trust Fund and shall be available for expenditure |
| 223 | for any purpose consistent with ss. 381.739-381.79 this part. |
| 224 | Section 8. Subsection (7) of section 381.78, Florida |
| 225 | Statutes, is amended to read: |
| 226 | 381.78 Advisory council on brain and spinal cord |
| 227 | injuries.- |
| 228 | (7) A member of the advisory council may be removed from |
| 229 | office by the State Surgeon General for malfeasance, |
| 230 | misfeasance, neglect of duty, incompetence, or permanent |
| 231 | inability to perform official duties or for pleading nolo |
| 232 | contendere to, or being found guilty of, a crime. Malfeasance |
| 233 | includes, but is not limited to, a violation of any specific |
| 234 | prohibition within ss. 381.739-381.79 this part. |
| 235 | Section 9. Subsection (6) of section 381.79, Florida |
| 236 | Statutes, 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 |
| 239 | fund, and use for carrying out the purposes of ss. 381.739- |
| 240 | 381.79 this part gifts made unconditionally by will or |
| 241 | otherwise. Any gift made under conditions that, in the judgment |
| 242 | of the department, are proper and consistent with this section, |
| 243 | the laws of the United States, and the laws of this state may be |
| 244 | accepted and shall be held, invested, reinvested, and used in |
| 245 | accordance with the conditions of the gift. |
| 246 | Section 10. Subsections (1) and (2) of section 395.403, |
| 247 | Florida Statutes, are amended to read: |
| 248 | 395.403 Reimbursement of trauma centers.- |
| 249 | (1) All provisional trauma centers and trauma centers |
| 250 | shall be considered eligible to receive state funding when state |
| 251 | funds are specifically appropriated for state-sponsored trauma |
| 252 | centers in the General Appropriations Act. Effective July 1, |
| 253 | 2010 2004, the department shall make one-time payments from the |
| 254 | Emergency Medical Services Administrative Trust Fund under s. |
| 255 | 20.435 to the trauma centers and a hospital with a pending |
| 256 | application for a Level I trauma center in recognition of the |
| 257 | capital investment made by the hospital to establish the trauma |
| 258 | service. Payments shall be in equal amounts for the trauma |
| 259 | centers approved by the department as of July 1 of the fiscal |
| 260 | year in which funding is appropriated, with lesser amounts for |
| 261 | the hospital with an application pending for a Level I trauma |
| 262 | center at the department as of April 1, 2004. In the event a |
| 263 | trauma center does not maintain its status as a trauma center |
| 264 | for any state fiscal year in which such funding is appropriated, |
| 265 | the provisional trauma center or trauma center shall repay the |
| 266 | state for the portion of the year during which it was not a |
| 267 | trauma center. |
| 268 | (2) Provisional trauma centers and Trauma centers eligible |
| 269 | to receive distributions from the Emergency Medical Services |
| 270 | Administrative Trust Fund under s. 20.435 in accordance with |
| 271 | subsection (1) may request that such funds be used as |
| 272 | intergovernmental transfer funds in the Medicaid program. |
| 273 | Section 11. Subsections (1) and (2) of section 395.4036, |
| 274 | Florida Statutes, are amended to read: |
| 275 | 395.4036 Trauma payments.- |
| 276 | (1) Recognizing the Legislature's stated intent to provide |
| 277 | financial support to the current verified trauma centers and to |
| 278 | provide incentives for the establishment of additional trauma |
| 279 | centers as part of a system of state-sponsored trauma centers, |
| 280 | the department shall utilize funds collected under s. 318.18 and |
| 281 | deposited into the Emergency Medical Services Administrative |
| 282 | Trust Fund of the department to ensure the availability and |
| 283 | accessibility of trauma services throughout the state as |
| 284 | provided in this subsection. |
| 285 | (a) Funds collected under s. 318.18(15) shall be |
| 286 | distributed as follows: |
| 287 | 1. Twenty percent of the total funds collected during the |
| 288 | state fiscal year shall be distributed to verified trauma |
| 289 | centers that have a local funding contribution as of December |
| 290 | 31. Distribution of funds under this subparagraph shall be based |
| 291 | on trauma caseload volume for the most recent calendar year |
| 292 | available. |
| 293 | 2. Forty percent of the total funds collected shall be |
| 294 | distributed to verified trauma centers based on trauma caseload |
| 295 | volume for the most recent calendar year available. The |
| 296 | determination of caseload volume for distribution of funds under |
| 297 | this subparagraph shall be based on the department's Trauma |
| 298 | Registry data. |
| 299 | 3. Forty percent of the total funds collected shall be |
| 300 | distributed to verified trauma centers based on severity of |
| 301 | trauma patients for the most recent calendar year available. The |
| 302 | determination of severity for distribution of funds under this |
| 303 | subparagraph shall be based on the department's International |
| 304 | Classification Injury Severity Scores or another statistically |
| 305 | valid and scientifically accepted method of stratifying a trauma |
| 306 | patient's severity of injury, risk of mortality, and resource |
| 307 | consumption as adopted by the department by rule, weighted based |
| 308 | on the costs associated with and incurred by the trauma center |
| 309 | in treating trauma patients. The weighting of scores shall be |
| 310 | established by the department by rule. |
| 311 | (b) Funds collected under s. 318.18(5)(c) and (19) shall |
| 312 | be distributed as follows: |
| 313 | 1. Thirty percent of the total funds collected shall be |
| 314 | distributed to Level II trauma centers operated by a public |
| 315 | hospital governed by an elected board of directors as of |
| 316 | December 31, 2008. |
| 317 | 2. Thirty-five percent of the total funds collected shall |
| 318 | be distributed to verified trauma centers based on trauma |
| 319 | caseload volume for the most recent calendar year available. The |
| 320 | determination of caseload volume for distribution of funds under |
| 321 | this subparagraph shall be based on the department's Trauma |
| 322 | Registry data. |
| 323 | 3. Thirty-five percent of the total funds collected shall |
| 324 | be distributed to verified trauma centers based on severity of |
| 325 | trauma patients for the most recent calendar year available. The |
| 326 | determination of severity for distribution of funds under this |
| 327 | subparagraph shall be based on the department's International |
| 328 | Classification Injury Severity Scores or another statistically |
| 329 | valid and scientifically accepted method of stratifying a trauma |
| 330 | patient's severity of injury, risk of mortality, and resource |
| 331 | consumption as adopted by the department by rule, weighted based |
| 332 | on the costs associated with and incurred by the trauma center |
| 333 | in treating trauma patients. The weighting of scores shall be |
| 334 | established by the department by rule. |
| 335 | (2) Funds deposited in the department's Emergency Medical |
| 336 | Services Administrative Trust Fund for verified trauma centers |
| 337 | may be used to maximize the receipt of federal funds that may be |
| 338 | available for such trauma centers. Notwithstanding this section |
| 339 | and s. 318.14, distributions to trauma centers may be adjusted |
| 340 | in a manner to ensure that total payments to trauma centers |
| 341 | represent the same proportional allocation as set forth in this |
| 342 | section and s. 318.14. For purposes of this section and s. |
| 343 | 318.14, total funds distributed to trauma centers may include |
| 344 | revenue from the Emergency Medical Services Administrative Trust |
| 345 | Fund and federal funds for which revenue from the Administrative |
| 346 | Trust Fund is used to meet state or local matching requirements. |
| 347 | Funds collected under ss. 318.14 and 318.18 and deposited in the |
| 348 | Emergency Medical Services Administrative Trust Fund of the |
| 349 | department shall be distributed to trauma centers on a quarterly |
| 350 | basis using the most recent calendar year data available. Such |
| 351 | data shall not be used for more than four quarterly |
| 352 | distributions unless there are extenuating circumstances as |
| 353 | determined by the department, in which case the most recent |
| 354 | calendar year data available shall continue to be used and |
| 355 | appropriate adjustments shall be made as soon as the more recent |
| 356 | data becomes available. |
| 357 | Section 12. Section 938.07, Florida Statutes, is amended |
| 358 | to read: |
| 359 | 938.07 Driving or boating under the influence.- |
| 360 | Notwithstanding any other provision of s. 316.193 or s. 327.35, |
| 361 | a court cost of $135 shall be added to any fine imposed pursuant |
| 362 | to s. 316.193 or s. 327.35. The clerks shall remit the funds to |
| 363 | the Department of Revenue, $25 of which shall be deposited in |
| 364 | the Emergency Medical Services Trust Fund, $50 shall be |
| 365 | deposited in the Operating Trust Fund of the Department of Law |
| 366 | Enforcement to be used for operational expenses in conducting |
| 367 | the statewide criminal analysis laboratory system established in |
| 368 | s. 943.32, and $60 shall be deposited in the Brain and Spinal |
| 369 | Cord Injury Program Rehabilitation Trust Fund created in s. |
| 370 | 381.79. |
| 371 | Section 13. This act shall take effect July 1, 2010. |