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