Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1376
       
       
       
       
       
       
                                Barcode 455976                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2013           .                                
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       The Committee on Community Affairs (Soto) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Yellow dot critical motorist medical information
    6  program; yellow dot decal, folder, and information form.—
    7         (1) The governing body of a county may create a yellow dot
    8  critical motorist medical information program to assist
    9  emergency medical responders and drivers and passengers who
   10  participate in the program by making critical medical
   11  information readily available to a responder in the event of a
   12  motor vehicle accident or a medical emergency involving a
   13  participant’s vehicle.
   14         (2)(a) The governing body of a county may solicit
   15  sponsorships from interested business entities and not-for
   16  profit organizations to cover costs of the program, including
   17  the cost of the yellow dot decals and folders that shall be
   18  provided free of charge to participants. Two or more counties
   19  may enter into an interlocal agreement to solicit such
   20  sponsorships.
   21         (b) The Department of Highway Safety and Motor Vehicles or
   22  the Department of Transportation may provide education and
   23  training to encourage emergency medical responders to
   24  participate in the program and may take reasonable measures to
   25  publicize the program.
   26         (3)(a) Any owner or lessee of a motor vehicle may
   27  participate in the program upon submission of an application and
   28  documentation, in the form and manner prescribed by the
   29  governing body of the county.
   30         (b) The application form must include a statement that the
   31  information submitted will be disclosed only to authorized
   32  personnel of law enforcement and public safety agencies,
   33  emergency medical services agencies, and hospitals for the
   34  purposes authorized in subsection (5).
   35         (c) The application form must describe the confidential
   36  nature of the medical information voluntarily provided by the
   37  participant and must state that, by providing the medical
   38  information, the participant has authorized the use and
   39  disclosure of the medical information to authorized personnel
   40  solely for the purposes listed in subsection (5). The
   41  application form must also require the participant’s express
   42  written consent for such use and disclosure.
   43         (d) The county may not charge any fee to participate in the
   44  yellow dot program.
   45         (4) A participant shall receive a yellow dot decal, a
   46  yellow dot folder, and a form with the participant’s
   47  information.
   48         (a) The participant shall affix the decal onto the rear
   49  window in the left lower corner of a motor vehicle or in a
   50  clearly visible location on a motorcycle.
   51         (b) A person who rides in a motor vehicle as a passenger
   52  may also participate in the program but may not be issued a
   53  decal if a decal is issued to the owner or lessee of the motor
   54  vehicle in which the person rides.
   55         (c) The yellow dot folder, which shall be stored in the
   56  glove compartment of the motor vehicle or in a compartment
   57  attached to a motorcycle, must contain a form with the following
   58  information about the participant:
   59         1. The participant’s name.
   60         2. The participant’s photograph.
   61         3. Emergency contact information of no more than two
   62  persons for the participant.
   63         4. The participant’s medical information, including medical
   64  conditions, recent surgeries, allergies, and medications being
   65  taken.
   66         5. The participant’s hospital preference.
   67         6. Contact information for no more than two physicians for
   68  the participant.
   69         (5)(a) If a driver or passenger of a motor vehicle becomes
   70  involved in a motor vehicle accident or emergency situation, and
   71  a yellow dot decal is affixed to the vehicle, an emergency
   72  medical responder at the scene may search the glove compartment
   73  of the vehicle for the corresponding yellow dot folder.
   74         (b) An emergency medical responder at the scene may use the
   75  information in the yellow dot folder for the following purposes
   76  only:
   77         1. To positively identify the participant.
   78         2. To ascertain whether the participant has a medical
   79  condition that might impede communications between the
   80  participant and the responder.
   81         3. To inform the participant’s emergency contacts about the
   82  location, condition, or death of the participant.
   83         4. To learn the nature of any medical information reported
   84  by the participant on the form.
   85         5. To ensure that the participant’s current medications and
   86  preexisting medical conditions are considered when emergency
   87  medical treatment is administered for any injury to or condition
   88  of the participant.
   89         (6) Except for wanton or willful conduct, an emergency
   90  medical responder or the employer of a responder does not incur
   91  any liability if a responder is unable to make contact, in good
   92  faith, with a participant’s emergency contact person, or if a
   93  responder disseminates or fails to disseminate any information
   94  from the yellow dot folder to any other emergency medical
   95  responder, hospital, or healthcare provider who renders
   96  emergency medical treatment to the participant.
   97         (7) The governing body of a participating county shall
   98  adopt guidelines and procedures for ensuring that any
   99  information that is confidential is not made public through the
  100  program.
  101         Section 2. This act shall take effect July 1, 2014, or on
  102  the same date that legislation which exempts the information
  103  required under the yellow dot critical motorist medical
  104  information program created pursuant to section 1 of this act
  105  from s. 119.071(1), Florida Statutes, and s. 24(a), Article I of
  106  the State Constitution, takes effect, whichever occurs later, if
  107  such legislation is adopted in the 2014 Regular Session of the
  108  Legislature or an extension thereof and becomes law.
  109  
  110  ================= T I T L E  A M E N D M E N T ================
  111         And the title is amended as follows:
  112         Delete everything before the enacting clause
  113  and insert:
  114                        A bill to be entitled                      
  115         An act relating to motorist safety; authorizing the
  116         governing body of a county to create a yellow dot
  117         critical motorist medical information program for
  118         certain purposes; authorizing a county to solicit
  119         sponsorships for the medical information program and
  120         enter into an interlocal agreement with another county
  121         to solicit such sponsorships; authorizing the
  122         Department of Highway Safety and Motor Vehicles and
  123         the Department of Transportation to provide education
  124         and training and publicize the program; requiring the
  125         program to be free to participants; providing for
  126         applications to participate; providing for a yellow
  127         dot decal and a yellow dot folder to be issued to
  128         participants and a form containing specified
  129         information about the participant; providing
  130         procedures for use of the decal, folder, and form;
  131         providing for limited use of information on the forms
  132         by emergency medical responders; limiting liability of
  133         emergency medical responders; requiring the governing
  134         body of a participating county to adopt guidelines and
  135         procedures to ensure that confidential information is
  136         not made public; providing a contingent effective
  137         date.