Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1084
       
       
       
       
       
       
                                Ì4462285Î446228                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2021           .                                
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       The Committee on Health Policy (Pizzo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 62 - 235
    4  and insert:
    5  licensed under part III of chapter 401 as a basic life support
    6  service or an advanced life support service and which has no
    7  for-profit subsidiaries, uses volunteers to provide services, is
    8  not operating for pecuniary profit or financial gain, and does
    9  not distribute to or inure to the benefit of its directors,
   10  members, or officers any part of its assets or income.
   11         Section 2. Paragraph (a) of subsection (5) of section
   12  316.072, Florida Statutes, is amended to read:
   13         316.072 Obedience to and effect of traffic laws.—
   14         (5) AUTHORIZED EMERGENCY VEHICLES.—
   15         (a)1. The driver of an authorized emergency vehicle, when
   16  responding to an emergency call, when in the pursuit of an
   17  actual or suspected violator of the law, or when responding to a
   18  fire alarm, but not upon returning from a fire;
   19         2. A medical staff physician or technician of a medical
   20  facility licensed by the state or of a volunteer ambulance
   21  service when responding to an emergency in the line of duty in
   22  his or her privately owned vehicle, using red lights as
   23  authorized in s. 316.2398; or
   24         3. The driver of an authorized law enforcement vehicle,
   25  when conducting a nonemergency escort, to warn the public of an
   26  approaching motorcade;
   27  
   28  may exercise the privileges set forth in this section, but
   29  subject to the conditions herein stated.
   30         Section 3. Subsection (3) of section 316.2397, Florida
   31  Statutes, is amended to read:
   32         316.2397 Certain lights prohibited; exceptions.—
   33         (3) Vehicles of the fire department and fire patrol,
   34  including vehicles of volunteer firefighters as permitted under
   35  s. 316.2398, may show or display red or red and white lights.
   36  Vehicles of medical staff physicians or technicians of medical
   37  facilities licensed by the state or of volunteer ambulance
   38  services as authorized under s. 316.2398, ambulances as
   39  authorized under this chapter, and buses and taxicabs as
   40  authorized under s. 316.2399 may show or display red lights.
   41  Vehicles of the fire department, fire patrol, police vehicles,
   42  and such ambulances and emergency vehicles of municipal and
   43  county departments, volunteer ambulance services, public service
   44  corporations operated by private corporations, the Fish and
   45  Wildlife Conservation Commission, the Department of
   46  Environmental Protection, the Department of Transportation, the
   47  Department of Agriculture and Consumer Services, and the
   48  Department of Corrections as are designated or authorized by
   49  their respective department or the chief of police of an
   50  incorporated city or any sheriff of any county may operate
   51  emergency lights and sirens in an emergency. Wreckers, mosquito
   52  control fog and spray vehicles, and emergency vehicles of
   53  governmental departments or public service corporations may show
   54  or display amber lights when in actual operation or when a
   55  hazard exists provided they are not used going to and from the
   56  scene of operation or hazard without specific authorization of a
   57  law enforcement officer or law enforcement agency. Wreckers must
   58  use amber rotating or flashing lights while performing
   59  recoveries and loading on the roadside day or night, and may use
   60  such lights while towing a vehicle on wheel lifts, slings, or
   61  under reach if the operator of the wrecker deems such lights
   62  necessary. A flatbed, car carrier, or rollback may not use amber
   63  rotating or flashing lights when hauling a vehicle on the bed
   64  unless it creates a hazard to other motorists because of
   65  protruding objects. Further, escort vehicles may show or display
   66  amber lights when in the actual process of escorting
   67  overdimensioned equipment, material, or buildings as authorized
   68  by law. Vehicles owned or leased by private security agencies
   69  may show or display green and amber lights, with either color
   70  being no greater than 50 percent of the lights displayed, while
   71  the security personnel are engaged in security duties on private
   72  or public property.
   73         Section 4. Subsections (1), (2), and (4) of section
   74  316.2398, Florida Statutes, are amended to read:
   75         316.2398 Display or use of red or red and white warning
   76  signals; motor vehicles of volunteer firefighters or medical
   77  staff.—
   78         (1) A privately owned vehicle belonging to an active
   79  firefighter member of a regularly organized volunteer
   80  firefighting company or association, while en route to the fire
   81  station for the purpose of proceeding to the scene of a fire or
   82  other emergency or while en route to the scene of a fire or
   83  other emergency in the line of duty as an active firefighter
   84  member of a regularly organized firefighting company or
   85  association, may display or use red or red and white warning
   86  signals. A privately owned vehicle belonging to a medical staff
   87  physician or technician of a medical facility licensed by the
   88  state or of a volunteer ambulance service, while responding to
   89  an emergency in the line of duty, may display or use red warning
   90  signals. Warning signals must be visible from the front and from
   91  the rear of such vehicle, subject to the following restrictions
   92  and conditions:
   93         (a) No more than two red or red and white warning signals
   94  may be displayed.
   95         (b) No inscription of any kind may appear across the face
   96  of the lens of the red or red and white warning signal.
   97         (c) In order for an active volunteer firefighter to display
   98  such red or red and white warning signals on his or her vehicle,
   99  the volunteer firefighter must first secure a written permit
  100  from the chief executive officers of the firefighting
  101  organization to use the red or red and white warning signals,
  102  and this permit must be carried by the volunteer firefighter at
  103  all times while the red or red and white warning signals are
  104  displayed.
  105         (2) A person who is not an active firefighter member of a
  106  regularly organized volunteer firefighting company or
  107  association or a physician or technician of the medical staff of
  108  a medical facility licensed by the state or of a volunteer
  109  ambulance service may not display on any motor vehicle owned by
  110  him or her, at any time, any red or red and white warning
  111  signals as described in subsection (1).
  112         (4) A physician or technician of the medical staff of a
  113  medical facility licensed by the state or of a volunteer
  114  ambulance service may not operate any red warning signals as
  115  authorized in subsection (1), except when responding to an
  116  emergency in the line of duty.
  117         Section 5. Section 401.211, Florida Statutes, is amended to
  118  read:
  119         401.211 Legislative intent.—The Legislature recognizes that
  120  the systematic provision of emergency medical services saves
  121  lives and reduces disability associated with illness and injury.
  122  In addition, that system of care must be equally capable of
  123  assessing, treating, and transporting children, adults, and
  124  frail elderly persons. Further, it is the intent of the
  125  Legislature to encourage the development and maintenance of
  126  emergency medical services because such services are essential
  127  to the health and well-being of all citizens of the state. The
  128  Legislature finds that it is in the public interest to foster
  129  the development of emergency medical services that address
  130  religious sensitivities. In accordance with the Florida
  131  Volunteer and Community Service Act of 2001, the Legislature
  132  further recognizes the value of augmenting existing county and
  133  municipal emergency medical services with those provided by
  134  volunteer service organizations. The Legislature also recognizes
  135  that the establishment of a comprehensive statewide injury
  136  prevention program supports state and community health systems
  137  by further enhancing the total delivery system of emergency
  138  medical services and reduces injuries for all persons. The
  139  purpose of this part is to protect and enhance the public
  140  health, welfare, and safety through the establishment of an
  141  emergency medical services state plan, an advisory council, a
  142  comprehensive statewide injury-prevention program, minimum
  143  standards for emergency medical services personnel, vehicles,
  144  services and medical direction, and the establishment of a
  145  statewide inspection program created to monitor the quality of
  146  patient care delivered by each licensed service and
  147  appropriately certified personnel.
  148         Section 6. Subsection (22) is added to section 401.23,
  149  Florida Statutes, to read:
  150         401.23 Definitions.—As used in this part, the term:
  151         (22) “Volunteer ambulance service” means a faith-based,
  152  not-for-profit corporation registered under chapter 617 which is
  153  licensed by the department as a basic life support service or an
  154  advanced life support service and which has no for-profit
  155  subsidiaries, uses volunteers to provide services, is not
  156  operating for pecuniary profit or financial gain, and does not
  157  distribute to or inure to the benefit of its directors, members,
  158  or officers any part of its assets or income.
  159         Section 7. Paragraph (d) of subsection (2) and subsection
  160  (6) of section 401.25, Florida Statutes, are amended to read:
  161         401.25 Licensure as a basic life support or an advanced
  162  life support service.—
  163         (2) The department shall issue a license for operation to
  164  any applicant who complies with the following requirements:
  165         (d) The applicant has obtained a certificate of public
  166  convenience and necessity from each county in which the
  167  applicant will operate. In issuing the certificate of public
  168  convenience and necessity, the governing body of each county
  169  shall consider the recommendations of municipalities within its
  170  jurisdiction. An applicant that is a first responder agency is
  171  exempt from this requirement if it is a faith-based, not-for
  172  profit corporation registered under chapter 617 which has been
  173  operating in this state for at least 10 consecutive years, has
  174  no for-profit subsidiaries, uses volunteers to provide services,
  175  is not operating for pecuniary profit or financial gain, and
  176  does not distribute to or inure to the benefit of its directors,
  177  members, or officers any part of its assets or income.
  178  
  179  ================= T I T L E  A M E N D M E N T ================
  180  And the title is amended as follows:
  181         Delete lines 22 - 24
  182  and insert:
  183         the term “volunteer ambulance service”; amending s.
  184         401.25, F.S.; exempting certain first responder
  185         agencies from