Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1458
       
       
       
       
       
       
                                Barcode 185508                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2013 04:15 PM       .                                
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       Senator Abruzzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 4573 and 4574
    4  insert:
    5         Section 63. Yellow dot critical motorist medical
    6  information program; yellow dot decal, folder, and information
    7  form.—
    8         (1) The governing body of a county may create a yellow dot
    9  critical motorist medical information program to assist
   10  emergency medical responders and drivers and passengers who
   11  participate in the program by making critical medical
   12  information readily available to a responder in the event of a
   13  motor vehicle accident or a medical emergency involving a
   14  participant’s vehicle.
   15         (2)(a) The governing body of a county may solicit
   16  sponsorships from interested business entities and not-for
   17  profit organizations to cover costs of the program, including
   18  the cost of the yellow dot decals and folders that shall be
   19  provided free of charge to participants. Two or more counties
   20  may enter into an interlocal agreement to solicit such
   21  sponsorships.
   22         (b) The Department of Highway Safety and Motor Vehicles or
   23  the Department of Transportation may provide education and
   24  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  yellow dot program.
   46         (4) A participant shall receive a yellow dot decal, a
   47  yellow dot folder, and a form with the participant’s
   48  information.
   49         (a) The participant shall affix the decal onto the rear
   50  window in the left lower corner of a motor vehicle or in a
   51  clearly visible location on a motorcycle.
   52         (b) A person who rides in a motor vehicle as a passenger
   53  may also participate in the program but may not be issued a
   54  decal if a decal is issued to the owner or lessee of the motor
   55  vehicle in which the person rides.
   56         (c) The yellow dot folder, which shall be stored in the
   57  glove compartment of the motor vehicle or in a compartment
   58  attached to a motorcycle, shall contain a form with the
   59  following information about the participant:
   60         1. The participant’s name.
   61         2. The participant’s photograph.
   62         3. Emergency contact information of no more than two
   63  persons for the participant.
   64         4. The participant’s medical information, including medical
   65  conditions, recent surgeries, allergies, and medications being
   66  taken.
   67         5. The participant’s hospital preference.
   68         6. Contact information for no more than two physicians for
   69  the participant.
   70         (5)(a) If a driver or passenger of a motor vehicle becomes
   71  involved in a motor vehicle accident or emergency situation, and
   72  a yellow dot decal is affixed to the vehicle, an emergency
   73  medical responder at the scene is authorized to search the glove
   74  compartment of the vehicle for the corresponding yellow dot
   75  folder.
   76         (b) An emergency medical responder at the scene may use the
   77  information in the yellow dot folder for the following purposes
   78  only:
   79         1. To positively identify the participant.
   80         2. To ascertain whether the participant has a medical
   81  condition that might impede communications between the
   82  participant and the responder.
   83         3. To inform the participant’s emergency contacts about the
   84  location, condition, or death of the participant.
   85         4. To learn the nature of any medical information reported
   86  by the participant on the form.
   87         5. To ensure that the participant’s current medications and
   88  preexisting medical conditions are considered when emergency
   89  medical treatment is administered for any injury to or condition
   90  of the participant.
   91         (6) Except for wanton or willful conduct, an emergency
   92  medical responder or the employer of a responder does not incur
   93  any liability if a responder is unable to make contact, in good
   94  faith, with a participant’s emergency contact person, or if a
   95  responder disseminates or fails to disseminate any information
   96  from the yellow dot folder to any other emergency medical
   97  responder, hospital, or healthcare provider who renders
   98  emergency medical treatment to the participant.
   99         (7) The governing body of a participating county shall
  100  adopt guidelines and procedures for ensuring that any
  101  information that is confidential is not made public through the
  102  program.
  103         (8) This section shall take effect July 1, 2014, or on the
  104  same date that legislation which exempts the information
  105  required under the yellow dot critical motorist medical
  106  information program from s. 119.071(1), Florida Statutes, and s.
  107  24(a), Article I of the State Constitution, takes effect,
  108  whichever occurs later, if such legislation is adopted in the
  109  2014 Regular Session of the Legislature or an extension thereof
  110  and becomes law.
  111  
  112  ================= T I T L E  A M E N D M E N T ================
  113         And the title is amended as follows:
  114         Delete line 331
  115  and insert:
  116         vessel; authorizing the governing body of a county to
  117         create a yellow dot critical motorist medical
  118         information program for certain purposes; authorizing
  119         a county to solicit sponsorships for the medical
  120         information program and enter into an interlocal
  121         agreement with another county to solicit such
  122         sponsorships; authorizing the Department of Highway
  123         Safety and Motor Vehicles and the Department of
  124         Transportation to provide education and training and
  125         publicize the program; authorizing an owner or lessee
  126         of a motor vehicle to participate in the program upon
  127         the submission of certain documentation; providing for
  128         an application form that must contain statements
  129         regarding the disclosure of personal information and
  130         confidentiality; providing for distribution to
  131         participants of a yellow dot decal, a yellow dot
  132         folder to be issued to participants, and a form
  133         containing specified information about the
  134         participant; providing procedures for use of the
  135         decal, folder, and form; providing for limited use of
  136         information on the forms by emergency medical
  137         responders; limiting liability of emergency medical
  138         responders; requiring the governing body of a
  139         participating county to adopt guidelines and
  140         procedures to ensure that confidential information is
  141         not made public; providing for applicability; amending
  142         ss. 212.08, 261.03, 316.2122,