Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1084
Ì4462285Î446228
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2021 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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