The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 395
HOSPITAL LICENSING AND REGULATION

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F.S. 395.402

¹395.402 Trauma service areas; number and location of trauma centers.—

(1) The Legislature recognizes the need for a statewide, cohesive, uniform, and integrated trauma system, as well as the need to ensure the viability of existing trauma centers when designating new trauma centers. Consistent with national standards, future trauma center designations must be based on need as a factor of demand and capacity.

(a) The following trauma service areas are established:

1. Trauma service area 1 shall consist of Escambia, Okaloosa, Santa Rosa, and Walton Counties.

2. Trauma service area 2 shall consist of Bay, Gulf, Holmes, and Washington Counties.

3. Trauma service area 3 shall consist of Calhoun, Franklin, Gadsden, Jackson, Jefferson, Leon, Liberty, Madison, Taylor, and Wakulla Counties.

4. Trauma service area 4 shall consist of Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy, Putnam, Suwannee, and Union Counties.

5. Trauma service area 5 shall consist of Baker, Clay, Duval, Nassau, and St. Johns Counties.

6. Trauma service area 6 shall consist of Citrus, Hernando, and Marion Counties.

7. Trauma service area 7 shall consist of Flagler and Volusia Counties.

8. Trauma service area 8 shall consist of Lake, Orange, Osceola, Seminole, and Sumter Counties.

9. Trauma service area 9 shall consist of Pasco and Pinellas Counties.

10. Trauma service area 10 shall consist of Hillsborough County.

11. Trauma service area 11 shall consist of Hardee, Highlands, and Polk Counties.

12. Trauma service area 12 shall consist of Brevard and Indian River Counties.

13. Trauma service area 13 shall consist of DeSoto, Manatee, and Sarasota Counties.

14. Trauma service area 14 shall consist of Martin, Okeechobee, and St. Lucie Counties.

15. Trauma service area 15 shall consist of Charlotte, Collier, Glades, Hendry, and Lee Counties.

16. Trauma service area 16 shall consist of Palm Beach County.

17. Trauma service area 17 shall consist of Broward County.

18. Trauma service area 18 shall consist of Miami-Dade and Monroe Counties.

(b) Each trauma service area must have at least one Level I or Level II trauma center. Except as otherwise provided in s. 395.4025(16), the department may not designate an existing Level II trauma center as a new pediatric trauma center or designate an existing Level II trauma center as a Level I trauma center in a trauma service area that already has an existing Level I or pediatric trauma center.

(c) Trauma centers, including Level I trauma centers, Level II trauma centers, Level II trauma centers with a pediatric trauma center, jointly certified pediatric trauma centers, and stand-alone pediatric trauma centers, shall be apportioned as follows:

1. Trauma service area 1 shall have three trauma centers.

2. Trauma service area 2 shall have one trauma center.

3. Trauma service area 3 shall have one trauma center.

4. Trauma service area 4 shall have one trauma center.

5. Trauma service area 5 shall have three trauma centers.

6. Trauma service area 6 shall have one trauma center.

7. Trauma service area 7 shall have one trauma center.

8. Trauma service area 8 shall have three trauma centers.

9. Trauma service area 9 shall have three trauma centers.

10. Trauma service area 10 shall have two trauma centers.

11. Trauma service area 11 shall have one trauma center.

12. Trauma service area 12 shall have one trauma center.

13. Trauma service area 13 shall have two trauma centers.

14. Trauma service area 14 shall have one trauma center.

15. Trauma service area 15 shall have one trauma center.

16. Trauma service area 16 shall have two trauma centers.

17. Trauma service area 17 shall have three trauma centers.

18. Trauma service area 18 shall have five trauma centers.

Notwithstanding other provisions of this chapter, a trauma service area may not have more than a total of five Level I trauma centers, Level II trauma centers, Level II trauma centers with a pediatric trauma center, jointly certified pediatric trauma centers, and stand-alone pediatric trauma centers. A trauma service area may not have more than one stand-alone pediatric trauma center.

(2)(a) By May 1, 2018, the department shall establish the Florida Trauma System Advisory Council to promote an inclusive trauma system and enhance cooperation among trauma system stakeholders. The advisory council may submit recommendations to the department on how to maximize existing trauma center, emergency department, and emergency medical services infrastructure and personnel to achieve the statutory goal of developing an inclusive trauma system.

(b)1. The advisory council shall consist of 12 members appointed by the Governor, including:

a. The State Trauma Medical Director.

b. A standing member of the Emergency Medical Services Advisory Council.

c. A representative of a local or regional trauma agency.

d. A trauma program manager or trauma medical director who is actively working in a trauma center and who represents an investor-owned hospital with a trauma center.

e. A trauma program manager or trauma medical director who is actively working in a trauma center and who represents a nonprofit or public hospital with a trauma center.

f. A trauma surgeon who is board-certified in an appropriate trauma or critical care specialty and who is actively practicing medicine in a Level II trauma center who represents an investor-owned hospital with a trauma center.

g. A trauma surgeon who is board-certified in an appropriate trauma or critical care specialty and actively practicing medicine who represents a nonprofit or public hospital with a trauma center.

h. A representative of the American College of Surgeons Committee on Trauma who has pediatric trauma care expertise.

i. A representative of the Safety Net Hospital Alliance of Florida.

j. A representative of the Florida Hospital Association.

k. A physician licensed under chapter 458 or chapter 459 who is a board-certified emergency medicine physician who is not affiliated with a trauma center.

l. A trauma surgeon who is board-certified in an appropriate trauma or critical care specialty and actively practicing medicine in a Level I trauma center.

2. No two members may be employed by the same health care facility.

3. Each council member shall be appointed to a 3-year term; however, for the purpose of providing staggered terms, of the initial appointments, four members shall be appointed to 1-year terms, four members shall be appointed to 2-year terms, and four members shall be appointed to 3-year terms.

(c) The department shall use existing and available resources to administer and support the activities of the advisory council. Members of the advisory council shall serve without compensation and are not entitled to reimbursement for per diem or travel expenses.

(d) The advisory council shall convene no later than June 1, 2018, and shall meet at least quarterly.

History.—ss. 5, 15, ch. 90-284; ss. 37, 98, ch. 92-289; s. 195, ch. 99-397; s. 26, ch. 2000-242; s. 6, ch. 2004-259; s. 100, ch. 2008-4; s. 5, ch. 2018-66.

¹Note.—Section 14, ch. 2018-66, provides that “[i]f the provisions of this act relating to s. 395.4025(16), Florida Statutes, are held to be invalid or inoperative for any reason, the remaining provisions of this act shall be deemed to be void and of no effect, it being the legislative intent that this act as a whole would not have been adopted had any provision of the act not been included.”

Note.—Former s. 395.033.

F.S. 395.402 on Google Scholar

F.S. 395.402 on Casetext

Amendments to 395.402

Arrestable Offenses / Crimes under Fla. Stat. 395.402

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 395.402.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF HEALTH d b a v. SHANDS JACKSONVILLE MEDICAL CENTER, INC. d b a UF JFK d b a JFK d b a d b a d b a HMA LLC, d b a St. St. s d b a St. s JFK d b a JFK d b a d b a v. d b a UF d b a d b a HMA LLC, d b a St St. s d b a St. s, 259 So. 3d 247 (Fla. App. Ct. 2018)

. . . , the Department conducted an annual assessment to determine how many trauma centers were needed. § 395.402 . . . MOOTNESS After oral argument in this case, the Legislature substantially amended sections 395.402 and . . . See § 395.402(4)(c), Fla. Stat. (2016). . . . a ceiling for the state (44). § 395.402(4)(b) & (c), Fla. . . . The Old Rules actually rendered the prior version of section 395.402(4) superfluous in providing for . . .

STATE DEPARTMENT OF HEALTH, v. BAYFRONT HMA MEDICAL CENTER, LLC d b a St. d b a d b a v. HMA LLC d b a St., 236 So. 3d 466 (Fla. App. Ct. 2018)

. . . .; see also § 395.402(3), Fla. . . . trauma service area," and "[t]here shall be no more than a total of 44 trauma centers in the state." § 395.402 . . .

PUBLIC HEALTH TRUST OF MIAMI- DADE COUNTY, FLORIDA d b a v. DEPARTMENT OF HEALTH, d b a, 230 So. 3d 992 (Fla. Dist. Ct. App. 2017)

. . . . § 395.402(4)(a)-(c), Fla. Stat. (2015). . . .

SHANDS JACKSONVILLE MEDICAL CENTER, INC. v. STATE DEPARTMENT OF HEALTH, d b a v. HCA d b a HCA Of d b a St. s d b a St. s v., 123 So. 3d 86 (Fla. Dist. Ct. App. 2013)

. . . In what was later codified as section 395.402, the Legislature created nineteen trauma service areas . . . Stat. (1991) (renumbered as § 395.402 by ch. 92-289, Laws of Fla.). . . . uniform, and integrated trauma system.” § 395.402(1),' Fla. . . . (k)Other appropriate criteria. § 395.402(2)-(3), Fla. Stat (2004) (emphasis added). . . . .” § 395.402(4)(b), Fla. Stat. (2004) (emphasis added). . . .

DEPARTMENT OF HEALTH, v. BAYFRONT MEDICAL CENTER, INC. d b a St. s d b a St. s HCA d b a HCA d b a, 134 So. 3d 1017 (Fla. Dist. Ct. App. 2012)

. . . Rule 64J-2.010 includes the precise language of the controlling statute, section 395.402(4)(a) & (b), . . . Law Implemented 395.401, 395.4015, 395.402, 395.405 FS. (Emphasis supplied; table reformatted.) . . . The Department’s authority for Rule 64J-2.010 is provided in section 395.402(4)(a), which explicitly . . . a system of trauma centers, the department shall use the 19 trauma service areas established in s. 395.402 . . . Section 395.402(4)(c), Florida Statutes, authorizes the Department to adopt rules to select a maximum . . . to be authorized by section 395.405, Florida Statutes and to implement sections 395.401, 395.4015, 395.402 . . . Final Order, the judge found that, although the rule claims to implement sections 395.401, 395.4015 and 395.402 . . . Similarly, the rule fails to implement the 2004 amendments to section 395.402. . . . See § 395.402(4), Fla. Stat. (2004). . . . provides, “The department shall adopt and enforce all rules necessary to administer ss. 395.401, 395.4015, 395.402 . . .