Bill Text: FL S1084 | 2021 | Regular Session | Comm Sub


Bill Title: Volunteer Ambulance Services

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 805 (Ch. 2021-90) [S1084 Detail]

Download: Florida-2021-S1084-Comm_Sub.html
       Florida Senate - 2021                             CS for SB 1084
       
       
        
       By the Committee on Health Policy; and Senators Pizzo and Book
       
       
       
       
       
       588-02671-21                                          20211084c1
    1                        A bill to be entitled                      
    2         An act relating to volunteer ambulance services;
    3         amending s. 316.003, F.S.; revising the definition of
    4         the term “authorized emergency vehicles” and defining
    5         the term “volunteer ambulance service”; amending s.
    6         316.072, F.S.; authorizing certain medical staff of a
    7         volunteer ambulance service to use red lights on a
    8         privately owned vehicle under certain circumstances;
    9         amending s. 316.2397, F.S.; authorizing vehicles of
   10         volunteer ambulance services to show or display red
   11         lights and operate emergency lights and sirens under
   12         certain circumstances; amending s. 316.2398, F.S.;
   13         authorizing privately owned vehicles belonging to
   14         certain medical staff of a volunteer ambulance service
   15         to display or use red warning signals under certain
   16         circumstances; conforming a provision to changes made
   17         by the act; prohibiting certain medical staff of
   18         volunteer ambulance services from operating red
   19         warning signals when not responding to an emergency in
   20         the line of duty; amending s. 401.211, F.S.; revising
   21         legislative intent; amending s. 401.23, F.S.; defining
   22         the term “volunteer ambulance service”; amending s.
   23         401.25, F.S.; exempting certain first responder
   24         agencies from certificate of public convenience and
   25         necessity requirements; providing that county and
   26         municipal governments may not limit, prohibit, or
   27         prevent volunteer ambulance services from responding
   28         to emergencies or providing emergency medical services
   29         or transport within their respective jurisdictions;
   30         prohibiting county and municipal governments from
   31         requiring volunteer ambulance services to obtain a
   32         license or certificate or pay a fee to provide
   33         ambulance or air ambulance services within their
   34         respective jurisdictions, with an exception; amending
   35         s. 316.306, F.S.; conforming a cross-reference;
   36         providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Present subsection (105) of section 316.003,
   41  Florida Statutes, is redesignated as subsection (106), a new
   42  subsection (105) is added to that section, and subsection (1) of
   43  that section is amended, to read:
   44         316.003 Definitions.—The following words and phrases, when
   45  used in this chapter, shall have the meanings respectively
   46  ascribed to them in this section, except where the context
   47  otherwise requires:
   48         (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
   49  department (fire patrol), police vehicles, and such ambulances
   50  and emergency vehicles of municipal departments, volunteer
   51  ambulance services, public service corporations operated by
   52  private corporations, the Fish and Wildlife Conservation
   53  Commission, the Department of Environmental Protection, the
   54  Department of Health, the Department of Transportation, and the
   55  Department of Corrections as are designated or authorized by
   56  their respective departments department or the chief of police
   57  of an incorporated city or any sheriff of any of the various
   58  counties.
   59         (105)VOLUNTEER AMBULANCE SERVICE.—A faith-based, not-for
   60  profit corporation registered under chapter 617 which is
   61  licensed under part III of chapter 401 as a basic life support
   62  service or an advanced life support service and which has no
   63  for-profit subsidiaries, uses volunteers to provide services, is
   64  not operating for pecuniary profit or financial gain, and does
   65  not distribute to or inure to the benefit of its directors,
   66  members, or officers any part of its assets or income.
   67         Section 2. Paragraph (a) of subsection (5) of section
   68  316.072, Florida Statutes, is amended to read:
   69         316.072 Obedience to and effect of traffic laws.—
   70         (5) AUTHORIZED EMERGENCY VEHICLES.—
   71         (a)1. The driver of an authorized emergency vehicle, when
   72  responding to an emergency call, when in the pursuit of an
   73  actual or suspected violator of the law, or when responding to a
   74  fire alarm, but not upon returning from a fire;
   75         2. A medical staff physician or technician of a medical
   76  facility licensed by the state or of a volunteer ambulance
   77  service when responding to an emergency in the line of duty in
   78  his or her privately owned vehicle, using red lights as
   79  authorized in s. 316.2398; or
   80         3. The driver of an authorized law enforcement vehicle,
   81  when conducting a nonemergency escort, to warn the public of an
   82  approaching motorcade;
   83  
   84  may exercise the privileges set forth in this section, but
   85  subject to the conditions herein stated.
   86         Section 3. Subsection (3) of section 316.2397, Florida
   87  Statutes, is amended to read:
   88         316.2397 Certain lights prohibited; exceptions.—
   89         (3) Vehicles of the fire department and fire patrol,
   90  including vehicles of volunteer firefighters as permitted under
   91  s. 316.2398, may show or display red or red and white lights.
   92  Vehicles of medical staff physicians or technicians of medical
   93  facilities licensed by the state or of volunteer ambulance
   94  services as authorized under s. 316.2398, ambulances as
   95  authorized under this chapter, and buses and taxicabs as
   96  authorized under s. 316.2399 may show or display red lights.
   97  Vehicles of the fire department, fire patrol, police vehicles,
   98  and such ambulances and emergency vehicles of municipal and
   99  county departments, volunteer ambulance services, public service
  100  corporations operated by private corporations, the Fish and
  101  Wildlife Conservation Commission, the Department of
  102  Environmental Protection, the Department of Transportation, the
  103  Department of Agriculture and Consumer Services, and the
  104  Department of Corrections as are designated or authorized by
  105  their respective department or the chief of police of an
  106  incorporated city or any sheriff of any county may operate
  107  emergency lights and sirens in an emergency. Wreckers, mosquito
  108  control fog and spray vehicles, and emergency vehicles of
  109  governmental departments or public service corporations may show
  110  or display amber lights when in actual operation or when a
  111  hazard exists provided they are not used going to and from the
  112  scene of operation or hazard without specific authorization of a
  113  law enforcement officer or law enforcement agency. Wreckers must
  114  use amber rotating or flashing lights while performing
  115  recoveries and loading on the roadside day or night, and may use
  116  such lights while towing a vehicle on wheel lifts, slings, or
  117  under reach if the operator of the wrecker deems such lights
  118  necessary. A flatbed, car carrier, or rollback may not use amber
  119  rotating or flashing lights when hauling a vehicle on the bed
  120  unless it creates a hazard to other motorists because of
  121  protruding objects. Further, escort vehicles may show or display
  122  amber lights when in the actual process of escorting
  123  overdimensioned equipment, material, or buildings as authorized
  124  by law. Vehicles owned or leased by private security agencies
  125  may show or display green and amber lights, with either color
  126  being no greater than 50 percent of the lights displayed, while
  127  the security personnel are engaged in security duties on private
  128  or public property.
  129         Section 4. Subsections (1), (2), and (4) of section
  130  316.2398, Florida Statutes, are amended to read:
  131         316.2398 Display or use of red or red and white warning
  132  signals; motor vehicles of volunteer firefighters or medical
  133  staff.—
  134         (1) A privately owned vehicle belonging to an active
  135  firefighter member of a regularly organized volunteer
  136  firefighting company or association, while en route to the fire
  137  station for the purpose of proceeding to the scene of a fire or
  138  other emergency or while en route to the scene of a fire or
  139  other emergency in the line of duty as an active firefighter
  140  member of a regularly organized firefighting company or
  141  association, may display or use red or red and white warning
  142  signals. A privately owned vehicle belonging to a medical staff
  143  physician or technician of a medical facility licensed by the
  144  state or of a volunteer ambulance service, while responding to
  145  an emergency in the line of duty, may display or use red warning
  146  signals. Warning signals must be visible from the front and from
  147  the rear of such vehicle, subject to the following restrictions
  148  and conditions:
  149         (a) No more than two red or red and white warning signals
  150  may be displayed.
  151         (b) No inscription of any kind may appear across the face
  152  of the lens of the red or red and white warning signal.
  153         (c) In order for an active volunteer firefighter to display
  154  such red or red and white warning signals on his or her vehicle,
  155  the volunteer firefighter must first secure a written permit
  156  from the chief executive officers of the firefighting
  157  organization to use the red or red and white warning signals,
  158  and this permit must be carried by the volunteer firefighter at
  159  all times while the red or red and white warning signals are
  160  displayed.
  161         (2) A person who is not an active firefighter member of a
  162  regularly organized volunteer firefighting company or
  163  association or a physician or technician of the medical staff of
  164  a medical facility licensed by the state or of a volunteer
  165  ambulance service may not display on any motor vehicle owned by
  166  him or her, at any time, any red or red and white warning
  167  signals as described in subsection (1).
  168         (4) A physician or technician of the medical staff of a
  169  medical facility licensed by the state or of a volunteer
  170  ambulance service may not operate any red warning signals as
  171  authorized in subsection (1), except when responding to an
  172  emergency in the line of duty.
  173         Section 5. Section 401.211, Florida Statutes, is amended to
  174  read:
  175         401.211 Legislative intent.—The Legislature recognizes that
  176  the systematic provision of emergency medical services saves
  177  lives and reduces disability associated with illness and injury.
  178  In addition, that system of care must be equally capable of
  179  assessing, treating, and transporting children, adults, and
  180  frail elderly persons. Further, it is the intent of the
  181  Legislature to encourage the development and maintenance of
  182  emergency medical services because such services are essential
  183  to the health and well-being of all citizens of the state. The
  184  Legislature finds that it is in the public interest to foster
  185  the development of emergency medical services that address
  186  religious sensitivities. In accordance with the Florida
  187  Volunteer and Community Service Act of 2001, the Legislature
  188  further recognizes the value of augmenting existing county and
  189  municipal emergency medical services with those provided by
  190  volunteer service organizations. The Legislature also recognizes
  191  that the establishment of a comprehensive statewide injury
  192  prevention program supports state and community health systems
  193  by further enhancing the total delivery system of emergency
  194  medical services and reduces injuries for all persons. The
  195  purpose of this part is to protect and enhance the public
  196  health, welfare, and safety through the establishment of an
  197  emergency medical services state plan, an advisory council, a
  198  comprehensive statewide injury-prevention program, minimum
  199  standards for emergency medical services personnel, vehicles,
  200  services and medical direction, and the establishment of a
  201  statewide inspection program created to monitor the quality of
  202  patient care delivered by each licensed service and
  203  appropriately certified personnel.
  204         Section 6. Subsection (22) is added to section 401.23,
  205  Florida Statutes, to read:
  206         401.23 Definitions.—As used in this part, the term:
  207         (22) “Volunteer ambulance service” means a faith-based,
  208  not-for-profit corporation registered under chapter 617 which is
  209  licensed by the department as a basic life support service or an
  210  advanced life support service and which has no for-profit
  211  subsidiaries, uses volunteers to provide services, is not
  212  operating for pecuniary profit or financial gain, and does not
  213  distribute to or inure to the benefit of its directors, members,
  214  or officers any part of its assets or income.
  215         Section 7. Paragraph (d) of subsection (2) and subsection
  216  (6) of section 401.25, Florida Statutes, are amended to read:
  217         401.25 Licensure as a basic life support or an advanced
  218  life support service.—
  219         (2) The department shall issue a license for operation to
  220  any applicant who complies with the following requirements:
  221         (d) The applicant has obtained a certificate of public
  222  convenience and necessity from each county in which the
  223  applicant will operate. In issuing the certificate of public
  224  convenience and necessity, the governing body of each county
  225  shall consider the recommendations of municipalities within its
  226  jurisdiction. An applicant that is a first responder agency is
  227  exempt from this requirement if it is a faith-based, not-for
  228  profit corporation registered under chapter 617 which has been
  229  operating in this state for at least 10 consecutive years, has
  230  no for-profit subsidiaries, uses volunteers to provide services,
  231  is not operating for pecuniary profit or financial gain, and
  232  does not distribute to or inure to the benefit of its directors,
  233  members, or officers any part of its assets or income.
  234         (6)(a) The governing body of each county may adopt
  235  ordinances that provide reasonable standards for certificates of
  236  public convenience and necessity for basic or advanced life
  237  support services and air ambulance services. In developing
  238  standards for certificates of public convenience and necessity,
  239  the governing body of each county must consider state
  240  guidelines, recommendations of the local or regional trauma
  241  agency created under chapter 395, and the recommendations of
  242  municipalities within its jurisdiction.
  243         (b)A county or municipal government may not limit,
  244  prohibit, or prevent a volunteer ambulance service from
  245  responding to an emergency or from providing emergency medical
  246  services or transport within its jurisdiction.
  247         (c)A county or municipal government may not require a
  248  volunteer ambulance service to obtain a license or certificate
  249  or pay a fee to provide ambulance or air ambulance services
  250  within its jurisdiction, except that a county or municipal
  251  government may impose, collect, or enforce payment of any
  252  occupational license tax authorized by law.
  253         Section 8. Paragraph (a) of subsection (3) of section
  254  316.306, Florida Statutes, is amended to read:
  255         316.306 School and work zones; prohibition on the use of a
  256  wireless communications device in a handheld manner.—
  257         (3)(a)1. A person may not operate a motor vehicle while
  258  using a wireless communications device in a handheld manner in a
  259  designated school crossing, school zone, or work zone area as
  260  defined in s. 316.003(106) s. 316.003(105). This subparagraph
  261  shall only be applicable to work zone areas if construction
  262  personnel are present or are operating equipment on the road or
  263  immediately adjacent to the work zone area. For the purposes of
  264  this paragraph, a motor vehicle that is stationary is not being
  265  operated and is not subject to the prohibition in this
  266  paragraph.
  267         2.a. During the period from October 1, 2019, through
  268  December 31, 2019, a law enforcement officer may stop motor
  269  vehicles to issue verbal or written warnings to persons who are
  270  in violation of subparagraph 1. for the purposes of informing
  271  and educating such persons of this section. This sub
  272  subparagraph shall stand repealed on October 1, 2020.
  273         b. Effective January 1, 2020, a law enforcement officer may
  274  stop motor vehicles and issue citations to persons who are
  275  driving while using a wireless communications device in a
  276  handheld manner in violation of subparagraph 1.
  277         Section 9. This act shall take effect July 1, 2021.

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