Florida Senate - 2021                                    SB 1320
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01539-21                                            20211320__
    1                        A bill to be entitled                      
    2         An act relating to Purple Heart recipient parking
    3         spaces; amending s. 316.1967, F.S.; authorizing
    4         counties and municipalities to provide by ordinance
    5         that the clerk of the court or the traffic violations
    6         bureau supply information in a specified format
    7         regarding certain violations to the Department of
    8         Highway Safety and Motor Vehicles; requiring counties
    9         to provide by ordinance that the clerk of the court or
   10         the traffic violations bureau supply information in a
   11         specified format relating to such violations to the
   12         department; requiring the department to mark specified
   13         registration records; creating s. 316.1968, F.S.;
   14         defining the terms “Purple Heart recipient parking
   15         space” or “space”; prohibiting a person from stopping,
   16         standing, or parking a vehicle within, or obstructing,
   17         any Purple Heart recipient parking space unless
   18         certain conditions are met; prohibiting violations of
   19         such provision from being dismissed under certain
   20         circumstances; authorizing warnings to be issued under
   21         certain circumstances; requiring law enforcement
   22         officers, parking enforcement specialists, and owners
   23         and lessees of Purple Heart recipient parking spaces
   24         to have vehicles in violation removed; providing that
   25         the cost of removal and parking constitutes a lien
   26         against such vehicles under specified conditions;
   27         requiring law enforcement officers and parking
   28         enforcement specialists to charge the operator or
   29         person in charge of such vehicle with a noncriminal
   30         traffic infraction; providing an exemption; requiring
   31         the clerk of the court to report convictions for such
   32         violations to the department; authorizing law
   33         enforcement officers and parking enforcement
   34         specialists to demand to be shown a person’s Purple
   35         Heart parking permit or license plate and driver
   36         license or state identification card when
   37         investigating certain violations; providing a penalty;
   38         authorizing persons chauffeuring Purple Heart
   39         recipients to stand temporarily in such parking spaces
   40         for specified purposes; providing a time limit for
   41         vehicles that are transporting Purple Heart recipients
   42         to park in such spaces; providing an exception;
   43         creating s. 316.1969, F.S.; specifying that any motor
   44         vehicle parked in a designated Purple Heart recipient
   45         parking space is prima facie evidence that the vehicle
   46         was parked and left in the space by the person, firm,
   47         or corporation in whose name the vehicle is registered
   48         and licensed; amending s. 318.18, F.S.; providing a
   49         penalty; providing for a law enforcement officer or
   50         agency or a parking enforcement specialist or agency
   51         to validate compliance for the disposition of a
   52         citation issued for illegally parking in a space
   53         provided for Purple Heart recipients; requiring the
   54         clerk of the circuit court to dismiss citations
   55         resulting from violations for illegally parking in a
   56         parking space provided for Purple Heart recipients
   57         upon payment of a specified dismissal fee; providing
   58         for a clerk of the circuit court to designate a local
   59         governmental entity for disposition of certain parking
   60         citations; amending s. 320.089, F.S.; providing for
   61         the issuance of Purple Heart parking permits;
   62         specifying requirements for the issuance of such
   63         permits; amending ss. 316.1951, 316.622, 318.121,
   64         318.21, and 395.4036, F.S.; conforming cross
   65         references; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Subsection (6) of section 316.1967, Florida
   70  Statutes, is amended to read:
   71         316.1967 Liability for payment of parking ticket violations
   72  and other parking violations.—
   73         (6) Any county or municipality may provide by ordinance
   74  that the clerk of the court or the traffic violations bureau
   75  shall supply the department with a magnetically encoded computer
   76  tape reel or cartridge or send by other electronic means data
   77  which is machine readable by the installed computer system at
   78  the department, listing persons who have three or more
   79  outstanding parking violations, including violations of ss.
   80  316.1955 and 316.1968 s. 316.1955. Each county shall provide by
   81  ordinance that the clerk of the court or the traffic violations
   82  bureau shall supply the department with a magnetically encoded
   83  computer tape reel or cartridge or send by other electronic
   84  means data that is machine readable by the installed computer
   85  system at the department, listing persons who have any
   86  outstanding violations of s. 316.1955 or any similar local
   87  ordinance that regulates parking in spaces designated for use by
   88  persons who have disabilities or of s. 316.1968. The department
   89  shall mark the appropriate registration records of persons who
   90  are so reported. Section 320.03(8) applies to each person whose
   91  name appears on the list.
   92         Section 2. Section 316.1968, Florida Statutes, is created
   93  to read:
   94         316.1968Parking spaces for Purple Heart recipients;
   95  enforcement of parking requirements.—
   96         (1)For purposes of this section, the terms “Purple Heart
   97  recipient parking space” or “space” mean a parking space
   98  designated for a Purple Heart recipient which is painted in a
   99  manner that is consistent with the standards of the controlling
  100  jurisdiction for other spaces and is prominently outlined with
  101  purple paint to be clearly distinguishable as a parking space
  102  designated for Purple Heart recipients or is posted with a
  103  permanent above-grade sign that bears the symbol of the Purple
  104  Heart and the caption “COMBAT WOUNDED.”
  105         (2) It is unlawful for a person to stop, stand, or park a
  106  vehicle within, or to obstruct, any such specially designated
  107  and marked Purple Heart recipient parking space unless the
  108  vehicle displays a Purple Heart parking permit or a Purple Heart
  109  license plate issued under s. 320.089 and the vehicle is
  110  transporting the person to whom the displayed permit or plate is
  111  issued. A violation of this section may not be dismissed if the
  112  Purple Heart recipient parking space does not meet the
  113  definition of such space provided in subsection (1) but is
  114  otherwise clearly distinguishable as a designated accessible
  115  parking space for Purple Heart recipients. Only a warning may be
  116  issued for unlawfully parking in a space designated for Purple
  117  Heart recipients if there is no above-grade sign providing such
  118  designation.
  119         (a) A law enforcement officer, a parking enforcement
  120  specialist, or the owner or lessee of a space designated for
  121  Purple Heart recipients shall remove a vehicle found in
  122  violation of this section to any lawful parking space or
  123  facility or require the operator or other person in charge of
  124  the vehicle to immediately remove such vehicle from the parking
  125  space. Whenever any vehicle is removed under this section to a
  126  storage lot, garage, or other safe parking space, the cost of
  127  the removal and parking constitutes a lien against the vehicle.
  128         (b) The officer or specialist shall charge the operator or
  129  other person in charge of a vehicle in violation of this section
  130  with a noncriminal traffic infraction, punishable as provided in
  131  s. 318.18(16). The owner of a leased vehicle is not responsible
  132  for a violation of this section if the vehicle is registered in
  133  the name of the lessee.
  134         (c)The clerk of the court must report all convictions for
  135  violations of this section to the Department of Highway Safety
  136  and Motor Vehicles.
  137         (d) A law enforcement officer or a parking enforcement
  138  specialist may demand to be shown a person’s Purple Heart
  139  parking permit or license plate and driver license or state
  140  identification card when investigating a potential violation of
  141  this section. If such request is refused, the person in charge
  142  of the vehicle may be charged with resisting an officer without
  143  violence, as provided in s. 843.02.
  144         (3) A person chauffeuring a Purple Heart recipient may,
  145  without need for a Purple Heart parking permit or license plate,
  146  stand temporarily in any such designated parking space for the
  147  purpose of loading or unloading the Purple Heart recipient. A
  148  penalty may not be imposed upon the driver for such temporary
  149  standing.
  150         (4)(a) A vehicle transporting a Purple Heart recipient may
  151  be parked for a maximum of 30 minutes in any space reserved for
  152  Purple Heart recipients.
  153         (b) Notwithstanding paragraph (a), a theme park or an
  154  entertainment complex as defined in s. 509.013(9) which provides
  155  parking in designated areas for Purple Heart recipients may
  156  allow any vehicle transporting a Purple Heart recipient to
  157  remain parked in any space reserved for Purple Heart recipients
  158  throughout the period the theme park is open to the public for
  159  that day.
  160         Section 3. Section 316.1969, Florida Statutes, is created
  161  to read:
  162         316.1969 Parking violations; designated parking spaces for
  163  Purple Heart recipients.—When evidence is presented in any court
  164  of the fact that a motor vehicle was parked in a properly
  165  designated parking space for Purple Heart recipients in
  166  violation of s. 316.1968, it is prima facie evidence that the
  167  vehicle was parked and left in the space by the person, firm, or
  168  corporation in whose name the vehicle is registered and licensed
  169  according to the records of the department.
  170         Section 4. Present subsections (16) through (22) of section
  171  318.18, Florida Statutes, are redesignated as subsections (17)
  172  through (23), respectively, and a new subsection (16) is added
  173  to that section, to read:
  174         318.18 Amount of penalties.—The penalties required for a
  175  noncriminal disposition pursuant to s. 318.14 or a criminal
  176  offense listed in s. 318.17 are as follows:
  177         (16) One hundred dollars, plus court costs for illegally
  178  parking, under s. 316.1968, in a parking space provided for
  179  Purple Heart recipients. However, this fine must be waived if a
  180  person provides to the law enforcement officer or agency or the
  181  parking enforcement specialist or agency that issued the
  182  citation for such a violation proof that the person committing
  183  the violation has a valid Purple Heart parking permit or license
  184  plate issued under s. 320.089 or a signed affidavit that the
  185  owner of the Purple Heart parking permit or license plate was
  186  present at the time the violation occurred, and that such
  187  parking permit or license plate was valid at the time the
  188  violation occurred. The law enforcement officer or agency or the
  189  parking enforcement specialist or agency, upon determining that
  190  all required documentation has been submitted to verify that
  191  such parking permit or license plate was valid at the time of
  192  the violation, shall sign an affidavit of compliance. Upon
  193  provision of the affidavit of compliance and payment of a
  194  dismissal fee of up to $7.50 to the clerk of the circuit court
  195  by the person issued a citation, the clerk shall dismiss the
  196  citation. However, the clerk may designate a local governmental
  197  entity to receive the affidavit and dismissal fee, and that
  198  local governmental entity may keep the fee.
  199         Section 5. Section 320.089, Florida Statutes, is amended to
  200  read:
  201         320.089 Veterans of the United States Armed Forces; members
  202  of National Guard; survivors of Pearl Harbor; Purple Heart medal
  203  recipients; Bronze Star recipients; active or retired United
  204  States Armed Forces reservists; Combat Infantry Badge, Combat
  205  Medical Badge, or Combat Action Badge recipients; Combat Action
  206  Ribbon recipients; Air Force Combat Action Medal recipients;
  207  Distinguished Flying Cross recipients; former prisoners of war;
  208  Korean War Veterans; Vietnam War Veterans; Operation Desert
  209  Shield Veterans; Operation Desert Storm Veterans; Operation
  210  Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
  211  Women Veterans; World War II Veterans; and Navy Submariners;
  212  special license plates; Purple Heart parking permits; fee.—
  213         (1)(a) Each owner or lessee of an automobile or truck for
  214  private use or recreational vehicle as specified in s.
  215  320.08(9)(c) or (d), which is not used for hire or commercial
  216  use, who is a resident of the state and a veteran of the United
  217  States Armed Forces, a Woman Veteran, a World War II Veteran, a
  218  Navy Submariner, an active or retired member of the Florida
  219  National Guard, a survivor of the attack on Pearl Harbor, a
  220  recipient of the Purple Heart medal, a recipient of the Bronze
  221  Star, an active or retired member of any branch of the United
  222  States Armed Forces Reserve, or a recipient of the Combat
  223  Infantry Badge, Combat Medical Badge, Combat Action Badge,
  224  Combat Action Ribbon, Air Force Combat Action Medal, or
  225  Distinguished Flying Cross, upon application to the department,
  226  accompanied by proof of release or discharge from any branch of
  227  the United States Armed Forces, proof of active membership or
  228  retired status in the Florida National Guard, proof of
  229  membership in the Pearl Harbor Survivors Association or proof of
  230  active military duty in Pearl Harbor on December 7, 1941, proof
  231  of being a Purple Heart medal recipient, proof of being a Bronze
  232  Star recipient, proof of active or retired membership in any
  233  branch of the United States Armed Forces Reserve, or proof of
  234  membership in the Combat Infantrymen’s Association, Inc., proof
  235  of being a recipient of the Combat Infantry Badge, Combat
  236  Medical Badge, Combat Action Badge, Combat Action Ribbon, Air
  237  Force Combat Action Medal, or Distinguished Flying Cross, and
  238  upon payment of the license tax for the vehicle as provided in
  239  s. 320.08, shall be issued a license plate as provided by s.
  240  320.06 which, in lieu of the serial numbers prescribed by s.
  241  320.06, is stamped with the words “Veteran,” “Woman Veteran,”
  242  “WWII Veteran,” “Navy Submariner,” “National Guard,” “Pearl
  243  Harbor Survivor,” “Combat-wounded veteran,” “Bronze Star,” “U.S.
  244  Reserve,” “Combat Infantry Badge,” “Combat Medical Badge,”
  245  “Combat Action Badge,” “Combat Action Ribbon,” “Air Force Combat
  246  Action Medal,” or “Distinguished Flying Cross,” as appropriate,
  247  and a likeness of the related campaign medal or badge, followed
  248  by the serial number of the license plate. Additionally, the
  249  Purple Heart plate may have the words “Purple Heart” stamped on
  250  the plate and the likeness of the Purple Heart medal appearing
  251  on the plate.
  252         (b) The military members listed in paragraph (a) are
  253  eligible to be issued special veteran’s motorcycle license
  254  plates. The veteran’s motorcycle license plate design shall be
  255  the same as the design for the motor vehicle “Veteran” and
  256  “Woman Veteran” special license plate. The word “Veteran” or
  257  “Woman Veteran” shall be displayed at the bottom of the
  258  motorcycle license plate.
  259         (c) Notwithstanding any other provision of law to the
  260  contrary, beginning with fiscal year 2002-2003 and annually
  261  thereafter, the first $100,000 in general revenue generated from
  262  the sale of license plates issued under this section shall be
  263  deposited into the Grants and Donations Trust Fund, as described
  264  in s. 296.38(2), to be used for the purposes established by law
  265  for that trust fund. Any additional general revenue generated
  266  from the sale of such plates shall be deposited into the
  267  Operations and Maintenance Trust Fund within the Department of
  268  Veterans’ Affairs and used to support program operations that
  269  benefit veterans or the operation, maintenance, or construction
  270  of domiciliary and nursing homes for veterans, subject to the
  271  requirements of chapter 216.
  272         (d) Any revenue generated from the sale of Woman Veteran
  273  license plates must be deposited into the Operations and
  274  Maintenance Trust Fund administered by the Department of
  275  Veterans’ Affairs pursuant to s. 20.375(3) and must be used
  276  solely for the purpose of creating and implementing programs to
  277  benefit women veterans. Notwithstanding any provisions of law to
  278  the contrary, an applicant for a Pearl Harbor Survivor license
  279  plate or a Purple Heart license plate who also qualifies for a
  280  disabled veteran’s license plate under s. 320.084 shall be
  281  issued the appropriate special license plate without payment of
  282  the license tax imposed by s. 320.08.
  283         (2) Each owner or lessee of an automobile or truck for
  284  private use, a truck weighing not more than 7,999 pounds, or a
  285  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  286  which is not used for hire or commercial use who is a resident
  287  of this state and who is a former prisoner of war, or his or her
  288  unremarried surviving spouse, upon application to the
  289  department, shall be issued a license plate as provided in s.
  290  320.06, stamped with the words “Ex-POW” followed by the serial
  291  number. Each application shall be accompanied by proof that the
  292  applicant meets the qualifications specified in paragraph (a) or
  293  paragraph (b).
  294         (a) A citizen of the United States who served as a member
  295  of the Armed Forces of the United States or the armed forces of
  296  a nation allied with the United States who was held as a
  297  prisoner of war at such time as the Armed Forces of the United
  298  States were engaged in combat, or his or her unremarried
  299  surviving spouse, may be issued the special license plate
  300  provided for in this subsection without payment of the license
  301  tax imposed by s. 320.08.
  302         (b) A person who was serving as a civilian with the consent
  303  of the United States Government, or a person who was a member of
  304  the Armed Forces of the United States while he or she was not a
  305  United States citizen and was held as a prisoner of war when the
  306  Armed Forces of the United States were engaged in combat, or his
  307  or her unremarried surviving spouse, may be issued the special
  308  license plate provided for in this subsection upon payment of
  309  the license tax imposed by s. 320.08.
  310         (3) Each owner or lessee of an automobile or truck for
  311  private use, a truck weighing not more than 7,999 pounds, or a
  312  recreational vehicle as specified in s. 320.08(9)(c) or (d),
  313  which is not used for hire or commercial use who is a resident
  314  of this state and who is the unremarried surviving spouse of a
  315  recipient of the Purple Heart medal, upon application to the
  316  department accompanied by the payment of the required fees,
  317  shall be issued a license plate as provided in s. 320.06 which
  318  is stamped with the words “Purple Heart” and the likeness of the
  319  Purple Heart medal followed by the serial number. Each
  320  application shall be accompanied by proof that the applicant is
  321  the unremarried surviving spouse of a recipient of the Purple
  322  Heart medal.
  323         (4) The owner or lessee of an automobile or truck for
  324  private use, a truck weighing not more than 7,999 pounds, or a
  325  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  326  which is not used for hire or commercial use who is a resident
  327  of this state and a current or former member of the United
  328  States Armed Forces who was deployed and served in Korea during
  329  the Korean War as defined in s. 1.01(14), upon application to
  330  the department accompanied by proof of active membership or
  331  former active duty status during the Korean War and payment of
  332  the license tax for the vehicle as provided in s. 320.08, shall
  333  be issued a license plate as provided by s. 320.06 which, in
  334  lieu of the registration license number prescribed by s. 320.06,
  335  is stamped with the words “Korean War Veteran” and a likeness of
  336  the Korean Service Medal, followed by the registration license
  337  number of the plate. Proof that the applicant was awarded the
  338  Korean Service Medal is sufficient to establish eligibility for
  339  the license plate.
  340         (5) The owner or lessee of an automobile or truck for
  341  private use, a truck weighing not more than 7,999 pounds, or a
  342  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  343  which is not used for hire or commercial use who is a resident
  344  of this state and a current or former member of the United
  345  States military who was deployed and served in Vietnam during
  346  United States military deployment in Indochina, upon application
  347  to the department accompanied by proof of active membership or
  348  former active duty status during these operations and payment of
  349  the license tax for the vehicle as provided in s. 320.08, shall
  350  be issued a license plate as provided by s. 320.06 which, in
  351  lieu of the registration license number prescribed by s. 320.06,
  352  is stamped with the words “Vietnam War Veteran” and a likeness
  353  of the Vietnam Service Medal, followed by the registration
  354  license number of the plate. Proof that the applicant was
  355  awarded the Vietnam Service Medal is sufficient to establish
  356  eligibility for the license plate.
  357         (6) The owner or lessee of an automobile or truck for
  358  private use, a truck weighing not more than 7,999 pounds, or a
  359  recreational vehicle as specified in s. 320.08(9)(c) or (d)
  360  which is not used for hire or commercial use who is a resident
  361  of this state and a current or former member of the United
  362  States military who was deployed and served in Saudi Arabia,
  363  Kuwait, or another area of the Persian Gulf during Operation
  364  Desert Shield or Operation Desert Storm; in Afghanistan during
  365  Operation Enduring Freedom; or in Iraq during Operation Iraqi
  366  Freedom, upon application to the department accompanied by proof
  367  of active membership or former active duty status during one of
  368  these operations and payment of the license tax for the vehicle
  369  as provided in s. 320.08, shall be issued a license plate as
  370  provided by s. 320.06 which, in lieu of the registration license
  371  number prescribed by s. 320.06, is stamped with the words
  372  “Operation Desert Shield,” “Operation Desert Storm,” “Operation
  373  Enduring Freedom,” or “Operation Iraqi Freedom,” as appropriate,
  374  and a likeness of the related campaign medal followed by the
  375  registration license number of the plate. Proof that the
  376  applicant was awarded the Southwest Asia Service Medal, Iraq
  377  Campaign Medal, Afghanistan Campaign Medal, or Global War on
  378  Terrorism Expeditionary Medal is sufficient to establish
  379  eligibility for the appropriate license plate.
  380         (7)(a)Each owner or lessee of an automobile or truck for
  381  private use or a recreational vehicle as specified in s.
  382  320.08(9)(c) or (d), which is not used for hire or commercial
  383  use, who is a resident of this state and a recipient of the
  384  Purple Heart medal, upon application to the department,
  385  accompanied by proof of being a Purple Heart medal recipient,
  386  shall be issued a Purple Heart parking permit for a period of up
  387  to 5 years, which period ends on the applicant’s birthday. There
  388  shall be no fee for the Purple Heart parking permit.
  389         (b)The Purple Heart parking permit is a placard that can
  390  be placed in a motor vehicle so as to be visible from the front
  391  and rear of the vehicle. One side of the placard must display
  392  the applicant’s driver license number or state identification
  393  card number along with a warning that the applicant must have
  394  such identification at all times while using the parking permit.
  395  A validation sticker must also be issued with each Purple Heart
  396  parking permit showing the month and year of expiration on each
  397  side of the placard. Validation stickers must be of the size
  398  specified by the department and must be affixed to the Purple
  399  Heart parking permits. The Purple Heart parking permits must use
  400  the same colors as license plate validations.
  401         Section 6. Subsection (4) of section 316.1951, Florida
  402  Statutes, is amended to read:
  403         316.1951 Parking for certain purposes prohibited; sale of
  404  motor vehicles; prohibited acts.—
  405         (4) A local government may adopt an ordinance to allow the
  406  towing of a motor vehicle parked in violation of this section. A
  407  law enforcement officer, compliance officer, code enforcement
  408  officer from any local government agency, or supervisor of the
  409  department may issue a citation and cause to be immediately
  410  removed at the owner’s expense any motor vehicle found in
  411  violation of subsection (1), except as provided in subsections
  412  (2) and (3), or in violation of subsection (5), subsection (6),
  413  subsection (7), or subsection (8), and the owner shall be
  414  assessed a penalty as provided in s. 318.18(22) s. 318.18(21) by
  415  the government agency or authority that orders immediate removal
  416  of the motor vehicle. A motor vehicle removed under this section
  417  shall not be released from an impound or towing and storage
  418  facility before a release form prescribed by the department has
  419  been completed verifying that the fine has been paid to the
  420  government agency or authority that ordered immediate removal of
  421  the motor vehicle. However, the owner may pay towing and storage
  422  charges to the towing and storage facility pursuant to s. 713.78
  423  before payment of the fine or before the release form has been
  424  completed.
  425         Section 7. Subsection (7) of section 316.622, Florida
  426  Statutes, is amended to read:
  427         316.622 Farm labor vehicles.—
  428         (7) A violation of this section is a noncriminal traffic
  429  infraction, punishable as provided in s. 318.18(17) s.
  430  318.18(16).
  431         Section 8. Section 318.121, Florida Statutes, is amended to
  432  read:
  433         318.121 Preemption of additional fees, fines, surcharges,
  434  and costs.—Notwithstanding any general or special law, or
  435  municipal or county ordinance, additional fees, fines,
  436  surcharges, or costs other than the court costs and surcharges
  437  assessed under s. 318.18(11), (13), (19), (20), and (23) s.
  438  318.18(11), (13), (18), (19), and (22) may not be added to the
  439  civil traffic penalties assessed under this chapter.
  440         Section 9. Subsections (16) through (19) and (21) of
  441  section 318.21, Florida Statutes, are amended to read:
  442         318.21 Disposition of civil penalties by county courts.—All
  443  civil penalties received by a county court pursuant to the
  444  provisions of this chapter shall be distributed and paid monthly
  445  as follows:
  446         (16) The proceeds from the fines described in s. 318.18(17)
  447  s. 318.18(16) shall be remitted to the law enforcement agency
  448  that issues the citation for a violation of s. 316.622. The
  449  funds must be used for continued education and enforcement of s.
  450  316.622 and other related safety measures contained in chapter
  451  316.
  452         (17) Notwithstanding subsections (1) and (2), the proceeds
  453  from the surcharge imposed under s. 318.18(18) s. 318.18(17)
  454  shall be distributed as provided in that subsection. This
  455  subsection expires July 1, 2021.
  456         (18) Notwithstanding subsections (1) and (2), the proceeds
  457  from the administrative fee imposed under s. 318.18(19) s.
  458  318.18(18) shall be distributed as provided in that subsection.
  459         (19) Notwithstanding subsections (1) and (2), the proceeds
  460  from the Article V assessment imposed under s. 318.18(20) s.
  461  318.18(19) shall be distributed as provided in that subsection.
  462         (21) Notwithstanding subsections (1) and (2), the proceeds
  463  from the additional penalties imposed pursuant to s.
  464  318.18(5)(c) and (21) s. 318.18(5)(c) and (20) shall be
  465  distributed as provided in that section.
  466         Section 10. Paragraph (b) of subsection (1) of section
  467  395.4036, Florida Statutes, is amended to read:
  468         395.4036 Trauma payments.—
  469         (1) Recognizing the Legislature’s stated intent to provide
  470  financial support to the current verified trauma centers and to
  471  provide incentives for the establishment of additional trauma
  472  centers as part of a system of state-sponsored trauma centers,
  473  the department shall utilize funds collected under s. 318.18 and
  474  deposited into the Emergency Medical Services Trust Fund of the
  475  department to ensure the availability and accessibility of
  476  trauma services throughout the state as provided in this
  477  subsection.
  478         (b) Funds collected under s. 318.18(5)(c) and (21) s.
  479  318.18(5)(c) and (20) shall be distributed as follows:
  480         1. Thirty percent of the total funds collected shall be
  481  distributed to Level II trauma centers operated by a public
  482  hospital governed by an elected board of directors as of
  483  December 31, 2008.
  484         2. Thirty-five percent of the total funds collected shall
  485  be distributed to verified trauma centers based on trauma
  486  caseload volume for the most recent calendar year available. The
  487  determination of caseload volume for distribution of funds under
  488  this subparagraph shall be based on the hospital discharge data
  489  for patients who meet the criteria for classification as a
  490  trauma patient reported by each trauma center pursuant to s.
  491  408.061.
  492         3. Thirty-five percent of the total funds collected shall
  493  be distributed to verified trauma centers based on severity of
  494  trauma patients for the most recent calendar year available. The
  495  determination of severity for distribution of funds under this
  496  subparagraph shall be based on the department’s International
  497  Classification Injury Severity Scores or another statistically
  498  valid and scientifically accepted method of stratifying a trauma
  499  patient’s severity of injury, risk of mortality, and resource
  500  consumption as adopted by the department by rule, weighted based
  501  on the costs associated with and incurred by the trauma center
  502  in treating trauma patients. The weighting of scores shall be
  503  established by the department by rule.
  504         Section 11. This act shall take effect July 1, 2021.