Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS/CS/HB 7127, 2nd Eng. Barcode 504298 LEGISLATIVE ACTION Senate . House . . . Floor: WD/3R . 05/03/2013 03:03 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Abruzzo moved the following: 1 Senate Amendment to Amendment (740626) (with title 2 amendment) 3 4 Between lines 4378 and 4379 5 insert: 6 Section 85. Blue square critical motorist medical 7 information program; blue square decal, folder, and information 8 form.— 9 (1) The governing body of a county may create a blue square 10 critical motorist medical information program to assist 11 emergency medical responders and drivers and passengers who 12 participate in the program by making critical medical 13 information readily available to a responder in the event of a 14 motor vehicle accident or a medical emergency involving a 15 participant’s vehicle. 16 (2)(a) The governing body of a county may solicit 17 sponsorships from interested business entities and not-for 18 profit organizations to cover costs of the program, including 19 the cost of the blue square decals and folders that shall be 20 provided free of charge to participants. Two or more counties 21 may enter into an interlocal agreement to solicit such 22 sponsorships. 23 (b) The Department of Transportation may provide education 24 and training to encourage emergency medical responders to 25 participate in the program and may take reasonable measures to 26 publicize the program. 27 (3)(a) Any owner or lessee of a motor vehicle may 28 participate in the program upon submission of an application and 29 documentation, in the form and manner prescribed by the 30 governing body of the county. 31 (b) The application form shall include a statement that the 32 information submitted will be disclosed only to authorized 33 personnel of law enforcement and public safety agencies, 34 emergency medical services agencies, and hospitals for the 35 purposes authorized in subsection (5). 36 (c) The application form shall describe the confidential 37 nature of the medical information voluntarily provided by the 38 participant and shall state that, by providing the medical 39 information, the participant has authorized the use and 40 disclosure of the medical information to authorized personnel 41 solely for the purposes listed in subsection (5). The 42 application form shall also require the participant’s express 43 written consent for such use and disclosure. 44 (d) The county may not charge any fee to participate in the 45 blue square program. 46 (4) A participant shall receive a blue square decal, a blue 47 square folder, and a form with the participant’s 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 blue square folder, which shall be stored in the 56 glove compartment of the motor vehicle or in a compartment 57 attached to a motorcycle, shall contain a form with the 58 following 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 blue square decal is affixed to the vehicle, an emergency 72 medical responder at the scene is authorized to search the glove 73 compartment of the vehicle for the corresponding blue square 74 folder. 75 (b) An emergency medical responder at the scene may use the 76 information in the blue square folder for the following purposes 77 only: 78 1. To positively identify the participant. 79 2. To ascertain whether the participant has a medical 80 condition that might impede communications between the 81 participant and the responder. 82 3. To inform the participant’s emergency contacts about the 83 location, condition, or death of the participant. 84 4. To learn the nature of any medical information reported 85 by the participant on the form. 86 5. To ensure that the participant’s current medications and 87 preexisting medical conditions are considered when emergency 88 medical treatment is administered for any injury to or condition 89 of the participant. 90 (6) Except for wanton or willful conduct, an emergency 91 medical responder or the employer of a responder does not incur 92 any liability if a responder is unable to make contact, in good 93 faith, with a participant’s emergency contact person, or if a 94 responder disseminates or fails to disseminate any information 95 from the blue square folder to any other emergency medical 96 responder, hospital, or healthcare provider who renders 97 emergency medical treatment to the participant. 98 (7) The governing body of a participating county shall 99 adopt guidelines and procedures for ensuring that any 100 information that is confidential is not made public through the 101 program. 102 (8) This section shall take effect July 1, 2014, or on the 103 same date that legislation which exempts the information 104 required under the blue square critical motorist medical 105 information program from s. 119.071(1), Florida Statutes, and s. 106 24(a), Article I of the State Constitution, takes effect, 107 whichever occurs later, if such legislation is adopted in the 108 2014 Regular Session of the Legislature or an extension thereof 109 and becomes law. 110 111 ================= T I T L E A M E N D M E N T ================ 112 And the title is amended as follows: 113 Delete line 4830 114 and insert: 115 deceptive trade practice; authorizing the governing 116 body of a county to create a blue square critical 117 motorist medical information program for certain 118 purposes; authorizing a county to solicit sponsorships 119 for the medical information program and enter into an 120 interlocal agreement with another county to solicit 121 such sponsorships; authorizing the Department of 122 Transportation to provide education and training and 123 publicize the program; authorizing an owner or lessee 124 of a motor vehicle to participate in the program upon 125 the submission of certain documentation; providing for 126 an application form that must contain statements 127 regarding the disclosure of personal information and 128 confidentiality; providing for distribution to 129 participants of a blue square decal, a blue square 130 folder to be issued to participants, and a form 131 containing specified information about the 132 participant; providing procedures for use of the 133 decal, folder, and form; providing for limited use of 134 information on the forms by emergency medical 135 responders; limiting liability of emergency medical 136 responders; requiring the governing body of a 137 participating county to adopt guidelines and 138 procedures to ensure that confidential information is 139 not made public; providing for applicability; 140 providing an effective date.