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) 3 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. 112 113 ================= 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,