Florida Statute 395.402 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 395.402

Total Results: 14

Tina Lasonya Brown v. State of Florida & Tina Lasonya Brown v. Mark S. Inch, etc.

Court: Fla. | Date Filed: 2020-08-27T00:53:00-07:00

Snippet: direct appeal. See Brown v. State, 143 So. 3d 392, 395-402 (Fla. 2014). There, we explained that the evidence

RODNEY SQUIRE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-17T00:53:00-07:00

Snippet: face of the record. Monroe v. State, 191 So. 3d 395, 402–03 (Fla. 2016). When the State has not proven

JFK Medical Center Limited etc. v. Shands Jacksonville Medical Center etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-12T23:53:00-08:00

Snippet: provide at least one Level I or II trauma center, §§ 395.402(4)(a) & (b), Fla. Stat. (2016). However, the…total of 44 trauma centers within the State. § 395.402(4)(c), Fla. Stat. (2016). 1 The appeals … statutes in this case, in particular sections 395.402 and 395.4025, after oral argument. The effect of…determine how many trauma centers were needed. § 395.402(2)(b), Fla. Stat. (2016). Based on the results …number of trauma centers needed for each [TSA].” § 395.402(4)(b), Fla. Stat. (2016). In 2014, the Department

Arthur Bernard Sorey v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-10T00:53:00-07:00

Snippet: Sorey relies on Monroe v. State, 191 So. 3d 395, 402 (Fla. 2016), in which the Florida Supreme Court

State of Florida, Department of Health v. Bayfront HMA Medical Center, LLC etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-01T00:00:00-08:00

Citation: 236 So. 3d 466

Snippet: annually. § 395.40(3)-(6), Fla. Stat.; see also § 395.402(3), Fla. Stat. (2016) (directing the Department…total of 44 trauma centers in the state.” § 395.402(4), Fla. Stat. Florida Administrative Code

The Public Health Trust of Miami-Dade etc. v. Department of Health and Kendall etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-06T00:00:00-08:00

Citation: 230 So. 3d 992

Snippet: be no more than 44 trauma centers statewide. § 395.402(4)(a)-(c), Fla. Stat. (2015). Relevant to this

Terrance Jarod Hartley v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 206 So. 3d 836, 2016 Fla. App. LEXIS 18672

Snippet: 864 (Fla. 1982). In Monroe v. State, 191 So.3d 395, 402-03 (Fla. 2016), the Florida Supreme Court held

Shands Jacksonville Medical Center, Inc. v. State, Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-12T00:00:00-07:00

Citation: 123 So. 3d 86, 2013 WL 4859092

Snippet: that sections 395.402 and 395.4025 were designed to protect. The ALJ reasoned section 395.402(2) required… of Fla. In what was later codified as section 395.402, the Legislature created nineteen trauma service… § 395.033, Fla. Stat. (1991) (renumbered as § 395.402 by ch. 92-289, Laws of Fla.). A related statute…statutes. See Ch.2004-259, Laws of Fla. Section 395.402 was amended to state the “Legislature recognizes…cohesive, uniform, and integrated trauma system.” § 395.402(1),' Fla. Stat. (2004). Further, this section

Department of Health v. Bayfront Medical Center, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-30T00:00:00-08:00

Citation: 134 So. 3d 1017, 2012 Fla. App. LEXIS 20567, 2012 WL 5971201

Snippet: precise language of the controlling statute, section 395.402(4)(a) & (b), Florida Statutes; thus, the rule…composition of TSAs shall be in accordance with Section 395.402, F.S. (2) The number of trauma centers in each …assigned by the department according to Section 395.402(4), F.S. Adopted Dec. 10, 1992; Transferred from…395.405 FS. Law Implemented 395.401, 395.4015, 395.402, 395.405 FS. (Emphasis supplied; table reformatted…authority for Rule 64J-2.010 is provided in section 395.402(4)(a), which explicitly provides for the designation

Marshall, Amaya & Anton v. Arnold-Dobal

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-30T00:00:00-08:00

Citation: 76 So. 3d 998, 2011 Fla. App. LEXIS 18989, 2011 WL 5964363

Snippet: Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 402-04, 87 S.Ct. 1801, 18 L.Ed.2d 1270 (1967)). We

Johnson v. State

Court: Fla. | Date Filed: 2007-07-05T00:00:00-07:00

Citation: 969 So. 2d 938

Snippet: ) or HAC. See England v. State, 940 So.2d 389, 395, 402 (Fla.2006), cert. denied, ___ U.S. ___, 127 S.

Beaver Coaches, Inc. v. REVELS NAT. RV SALES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-05-12T00:53:00-07:00

Citation: 543 So. 2d 359

Snippet: v. Flood & Conklin Mfg. Co., 388 U.S. 395, 402, 87 S.Ct. 1801, 1805, 18 L.Ed.2d 1270 (1967);

POST TENSIONED ENG'G. CORP. v. Fairways Plaza Assoc.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-03-08T23:53:00-08:00

Citation: 412 So. 2d 871

Snippet: v. Flood & Conklin Mfg. Co., 388 U.S. 395, 402, 87 S.Ct. 1801, 1805, 18 L.Ed.2d 1270, 1277 (1967

Board of Public Instruction of Hendry County v. State ex rel. Hilliard

Court: Fla. Dist. Ct. App. | Date Filed: 1966-01-28T00:00:00-08:00

Citation: 188 So. 2d 337, 1966 Fla. App. LEXIS 5071

Snippet: how Statutes are to be construed. 3 Yánd.L.Rev. 395, 402 (1950). . See State ex rel. Ball v. Robinson