Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
                                Barcode 826176                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/01/2013 11:13 AM       .                                

       Senator Abruzzo moved the following:
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    4         Between lines 4238 and 4239
    5  insert:
    6         Section 63. Yellow dot critical motorist medical
    7  information program; yellow dot decal, folder, and information
    8  form.—
    9         (1) The governing body of a county may create a yellow dot
   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 yellow dot 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 Highway Safety and Motor Vehicles or
   24  the Department of Transportation may provide education and
   25  training to encourage emergency medical responders to
   26  participate in the program and may take reasonable measures to
   27  publicize the program.
   28         (3)(a) Any owner or lessee of a motor vehicle may
   29  participate in the program upon submission of an application and
   30  documentation, in the form and manner prescribed by the
   31  governing body of the county.
   32         (b) The application form shall include a statement that the
   33  information submitted will be disclosed only to authorized
   34  personnel of law enforcement and public safety agencies,
   35  emergency medical services agencies, and hospitals for the
   36  purposes authorized in subsection (5).
   37         (c) The application form shall describe the confidential
   38  nature of the medical information voluntarily provided by the
   39  participant and shall state that, by providing the medical
   40  information, the participant has authorized the use and
   41  disclosure of the medical information to authorized personnel
   42  solely for the purposes listed in subsection (5). The
   43  application form shall also require the participant’s express
   44  written consent for such use and disclosure.
   45         (d) The county may not charge any fee to participate in the
   46  yellow dot program.
   47         (4) A participant shall receive a yellow dot decal, a
   48  yellow dot folder, and a form with the participant’s
   49  information.
   50         (a) The participant shall affix the decal onto the rear
   51  window in the left lower corner of a motor vehicle or in a
   52  clearly visible location on a motorcycle.
   53         (b) A person who rides in a motor vehicle as a passenger
   54  may also participate in the program but may not be issued a
   55  decal if a decal is issued to the owner or lessee of the motor
   56  vehicle in which the person rides.
   57         (c) The yellow dot folder, which shall be stored in the
   58  glove compartment of the motor vehicle or in a compartment
   59  attached to a motorcycle, shall contain a form with the
   60  following information about the participant:
   61         1. The participant’s name.
   62         2. The participant’s photograph.
   63         3. Emergency contact information of no more than two
   64  persons for the participant.
   65         4. The participant’s medical information, including medical
   66  conditions, recent surgeries, allergies, and medications being
   67  taken.
   68         5. The participant’s hospital preference.
   69         6. Contact information for no more than two physicians for
   70  the participant.
   71         (5)(a) If a driver or passenger of a motor vehicle becomes
   72  involved in a motor vehicle accident or emergency situation, and
   73  a yellow dot decal is affixed to the vehicle, an emergency
   74  medical responder at the scene is authorized to search the glove
   75  compartment of the vehicle for the corresponding yellow dot
   76  folder.
   77         (b) An emergency medical responder at the scene may use the
   78  information in the yellow dot folder for the following purposes
   79  only:
   80         1. To positively identify the participant.
   81         2. To ascertain whether the participant has a medical
   82  condition that might impede communications between the
   83  participant and the responder.
   84         3. To inform the participant’s emergency contacts about the
   85  location, condition, or death of the participant.
   86         4. To learn the nature of any medical information reported
   87  by the participant on the form.
   88         5. To ensure that the participant’s current medications and
   89  preexisting medical conditions are considered when emergency
   90  medical treatment is administered for any injury to or condition
   91  of the participant.
   92         (6) Except for wanton or willful conduct, an emergency
   93  medical responder or the employer of a responder does not incur
   94  any liability if a responder is unable to make contact, in good
   95  faith, with a participant’s emergency contact person, or if a
   96  responder disseminates or fails to disseminate any information
   97  from the yellow dot folder to any other emergency medical
   98  responder, hospital, or healthcare provider who renders
   99  emergency medical treatment to the participant.
  100         (7) The governing body of a participating county shall
  101  adopt guidelines and procedures for ensuring that any
  102  information that is confidential is not made public through the
  103  program.
  104         (8) This section shall take effect July 1, 2014, or on the
  105  same date that legislation which exempts the information
  106  required under the yellow dot critical motorist medical
  107  information program from s. 119.071(1), Florida Statutes, and s.
  108  24(a), Article I of the State Constitution, takes effect,
  109  whichever occurs later, if such legislation is adopted in the
  110  2014 Regular Session of the Legislature or an extension thereof
  111  and becomes law.
  113  ================= T I T L E  A M E N D M E N T ================
  114         And the title is amended as follows:
  115         Delete line 4944
  116  and insert:
  117         vessel; authorizing the governing body of a county to
  118         create a yellow dot critical motorist medical
  119         information program for certain purposes; authorizing
  120         a county to solicit sponsorships for the medical
  121         information program and enter into an interlocal
  122         agreement with another county to solicit such
  123         sponsorships; authorizing the Department of Highway
  124         Safety and Motor Vehicles and the Department of
  125         Transportation to provide education and training and
  126         publicize the program; authorizing an owner or lessee
  127         of a motor vehicle to participate in the program upon
  128         the submission of certain documentation; providing for
  129         an application form that must contain statements
  130         regarding the disclosure of personal information and
  131         confidentiality; providing for distribution to
  132         participants of a yellow dot decal, a yellow dot
  133         folder to be issued to participants, and a form
  134         containing specified information about the
  135         participant; providing procedures for use of the
  136         decal, folder, and form; providing for limited use of
  137         information on the forms by emergency medical
  138         responders; limiting liability of emergency medical
  139         responders; requiring the governing body of a
  140         participating county to adopt guidelines and
  141         procedures to ensure that confidential information is
  142         not made public; providing for applicability; amending
  143         ss. 212.08, 261.03, 316.2122,