Florida Senate - 2025 CS for SB 1644
By the Committee on Transportation; and Senator Rodriguez
596-03162-25 20251644c1
1 A bill to be entitled
2 An act relating to emergency services; amending s.
3 316.2398, F.S.; deleting a limitation on the number of
4 red or red and white warning signals that certain
5 vehicles may display; amending s. 401.25, F.S.;
6 revising the circumstances under which certain
7 applicants for a specified license are exempt from a
8 requirement to obtain certificates of public
9 convenience and necessity; requiring an applicant
10 seeking such exemption to submit a sworn affidavit to
11 the department attesting to certain facts; providing
12 criminal penalties for the submission of an affidavit
13 that fraudulently attests to certain facts; revising a
14 limitation on the number of counties that may be
15 granted a certain exemption; prohibiting a licensed
16 volunteer ambulance service from applying for,
17 receiving funds under, or participating in certain
18 grant programs; amending s. 395.401, F.S.; conforming
19 a cross-reference; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Paragraph (a) of subsection (1) of section
24 316.2398, Florida Statutes, is amended to read:
25 316.2398 Display or use of red or red and white warning
26 signals; motor vehicles of volunteer firefighters or medical
27 staff.—
28 (1) A privately owned vehicle belonging to an active
29 firefighter member of a regularly organized volunteer
30 firefighting company or association, while en route to the fire
31 station for the purpose of proceeding to the scene of a fire or
32 other emergency or while en route to the scene of a fire or
33 other emergency in the line of duty as an active firefighter
34 member of a regularly organized firefighting company or
35 association, may display or use red or red and white warning
36 signals. A privately owned vehicle belonging to a medical staff
37 physician or technician of a medical facility licensed by the
38 state or of a volunteer ambulance service, while responding to
39 an emergency in the line of duty, may display or use red warning
40 signals. An organ transport vehicle, while transporting organs
41 or surgical teams for organ donation or transplant while en
42 route to a hospital, an airport, or other designated location,
43 may display or use red warning signals. Warning signals must be
44 visible from the front and from the rear of such vehicle,
45 subject to the following restrictions and conditions:
46 (a) No more than two red or red and white warning signals
47 may be displayed.
48 Section 2. Present subsections (6) and (7) of section
49 401.25, Florida Statutes, are redesignated as subsections (7)
50 and (8), respectively, a new subsection (6) is added to that
51 section, and paragraph (d) of subsection (2) of that section is
52 amended, to read:
53 401.25 Licensure as a basic life support or an advanced
54 life support service.—
55 (2) The department shall issue a license for operation to
56 any applicant who complies with the following requirements:
57 (d) The applicant has obtained a certificate of public
58 convenience and necessity from each county in which the
59 applicant will operate. In issuing the certificate of public
60 convenience and necessity, the governing body of each county
61 shall consider the recommendations of municipalities within its
62 jurisdiction.
63 1. An applicant that is an active first responder agency is
64 exempt from this requirement if it:
65 a.1. Is a faith-based, not-for-profit charitable
66 corporation registered under chapter 617 which has been
67 responding to medical emergencies in this state for at least 15
68 10 consecutive years.
69 b.2. Is not a parent, subsidiary, or affiliate of, or
70 related to, any for-profit entity.
71 c.3. Provides basic life support services or advanced life
72 support services solely through at least 150 50 unpaid licensed
73 emergency medical technician or paramedic volunteers in at least
74 three counties at the time of application.
75 d.4. Is not operating for pecuniary profit or financial
76 gain.
77 e.5. Does not distribute to or inure to the benefit of its
78 directors, members, or officers or other related parties any
79 part of its assets or income.
80 6. Does not receive any government funding. However, the
81 volunteer ambulance service may receive funding from specialty
82 license plate proceeds.
83 f.7. Has never had a license denied, revoked, or suspended.
84 g.8. Provides services at no cost to the patient free of
85 charge.
86 h.9. As part of its application for licensure, provides to
87 the department a management plan that includes a training
88 program, dispatch protocols, a complaint management system, an
89 accident or injury handling system, a quality assurance program,
90 and proof of adequate insurance coverage to meet state or county
91 insurance requirements, whichever requirements are greater.
92 i.10. Provides a disclaimer on all written materials that
93 the volunteer ambulance service is not associated with the
94 state’s 911 system.
95 2. An applicant seeking an exemption from this requirement
96 must submit to the department a sworn affidavit that complies
97 with s. 92.50(1) attesting that the applicant meets the
98 requirements for exemption provided in sub-subparagraphs 1.a.-i.
99 A person who submits an affidavit fraudulently attesting to
100 meeting such requirements violates s. 837.012 and commits a
101 misdemeanor of the first degree, punishable as provided in s.
102 775.082 or s. 775.083.
103 3. The exemption under subparagraph 1. this paragraph may
104 be granted to no more than 15 four counties. This exemption
105 notwithstanding, an applicant is not exempted from and must
106 comply with all other requirements for licensure. An applicant
107 must also take all reasonable efforts to enter into a memorandum
108 of understanding with the emergency medical services licensee
109 within whose jurisdiction the applicant will provide services in
110 order to facilitate communications and coordinate emergency
111 services for situations beyond the scope of the applicant’s
112 capacity and for situations of advanced life support that are
113 deemed priority 1 or priority 2 emergencies.
114 (6) A volunteer ambulance service licensed under this
115 section may not apply for, receive funds under, or participate
116 in any grant program designed exclusively for publicly operated
117 fire departments or emergency medical service agencies.
118 Section 3. Paragraph (l) of subsection (1) of section
119 395.401, Florida Statutes, is amended to read:
120 395.401 Trauma services system plans; approval of trauma
121 centers and pediatric trauma centers; procedures; renewal.—
122 (1)
123 (l) A county, upon the recommendations of the local or
124 regional trauma agency, may adopt ordinances governing the
125 transport of a patient who is receiving care in the field from
126 prehospital emergency medical personnel when the patient meets
127 specific criteria for trauma, burn, or pediatric centers adopted
128 by the local or regional trauma agency. These ordinances must be
129 consistent with s. 395.4045, ordinances adopted under s.
130 401.25(7) s. 401.25(6), and the local or regional trauma system
131 plan and, to the furthest possible extent, must ensure that
132 individual patients receive appropriate medical care while
133 protecting the interests of the community at large by making
134 maximum use of available emergency medical care resources.
135 Section 4. This act shall take effect July 1, 2025.