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)
    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.
  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.