Bill Text: FL S1084 | 2021 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2021                                    SB 1084
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00809A-21                                          20211084__
    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 terms “volunteer ambulance service” and “volunteer
   23         first responder agency”; amending s. 401.25, F.S.;
   24         exempting volunteer first responder agencies from
   25         certificate of public convenience and necessity
   26         requirements; providing that county and municipal
   27         governments may not limit, prohibit, or prevent
   28         volunteer ambulance services from responding to
   29         emergencies or providing emergency medical services or
   30         transport within their respective jurisdictions;
   31         prohibiting county and municipal governments from
   32         requiring volunteer ambulance services to obtain a
   33         license or certificate or pay a fee to provide
   34         ambulance or air ambulance services within their
   35         respective jurisdictions, with an exception; amending
   36         s. 316.306, F.S.; conforming a cross-reference;
   37         providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Present subsection (105) of section 316.003,
   42  Florida Statutes, is redesignated as subsection (106), a new
   43  subsection (105) is added to that section, and subsection (1) of
   44  that section is amended, to read:
   45         316.003 Definitions.—The following words and phrases, when
   46  used in this chapter, shall have the meanings respectively
   47  ascribed to them in this section, except where the context
   48  otherwise requires:
   49         (1) AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire
   50  department (fire patrol), police vehicles, and such ambulances
   51  and emergency vehicles of municipal departments, volunteer
   52  ambulance services, public service corporations operated by
   53  private corporations, the Fish and Wildlife Conservation
   54  Commission, the Department of Environmental Protection, the
   55  Department of Health, the Department of Transportation, and the
   56  Department of Corrections as are designated or authorized by
   57  their respective departments department or the chief of police
   58  of an incorporated city or any sheriff of any of the various
   59  counties.
   60         (105) VOLUNTEER AMBULANCE SERVICE.—A faith-based, not-for
   61  profit corporation registered under chapter 617 which is
   62  licensed by the department as a basic life support service or an
   63  advanced life support service and which has no for-profit
   64  subsidiaries, uses volunteers to provide services, is not
   65  operating for pecuniary profit or financial gain, and does not
   66  distribute to or inure to the benefit of its directors, members,
   67  or officers any part of its assets or income.
   68         Section 2. Paragraph (a) of subsection (5) of section
   69  316.072, Florida Statutes, is amended to read:
   70         316.072 Obedience to and effect of traffic laws.—
   71         (5) AUTHORIZED EMERGENCY VEHICLES.—
   72         (a)1. The driver of an authorized emergency vehicle, when
   73  responding to an emergency call, when in the pursuit of an
   74  actual or suspected violator of the law, or when responding to a
   75  fire alarm, but not upon returning from a fire;
   76         2. A medical staff physician or technician of a medical
   77  facility or a volunteer ambulance service licensed by the state
   78  when responding to an emergency in the line of duty in his or
   79  her privately owned vehicle, using red lights as authorized in
   80  s. 316.2398; or
   81         3. The driver of an authorized law enforcement vehicle,
   82  when conducting a nonemergency escort, to warn the public of an
   83  approaching motorcade;
   84  
   85  may exercise the privileges set forth in this section, but
   86  subject to the conditions herein stated.
   87         Section 3. Subsection (3) of section 316.2397, Florida
   88  Statutes, is amended to read:
   89         316.2397 Certain lights prohibited; exceptions.—
   90         (3) Vehicles of the fire department and fire patrol,
   91  including vehicles of volunteer firefighters as permitted under
   92  s. 316.2398, may show or display red or red and white lights.
   93  Vehicles of medical staff physicians or technicians of medical
   94  facilities or volunteer ambulance services licensed by the state
   95  as authorized under s. 316.2398, ambulances as authorized under
   96  this chapter, and buses and taxicabs as authorized under s.
   97  316.2399 may show or display red lights. Vehicles of the fire
   98  department, fire patrol, police vehicles, and such ambulances
   99  and emergency vehicles of municipal and county departments,
  100  volunteer ambulance services, public service corporations
  101  operated by private corporations, the Fish and Wildlife
  102  Conservation Commission, the Department of Environmental
  103  Protection, the Department of Transportation, the Department of
  104  Agriculture and Consumer Services, and the Department of
  105  Corrections as are designated or authorized by their respective
  106  department or the chief of police of an incorporated city or any
  107  sheriff of any county may operate emergency lights and sirens in
  108  an emergency. Wreckers, mosquito control fog and spray vehicles,
  109  and emergency vehicles of governmental departments or public
  110  service corporations may show or display amber lights when in
  111  actual operation or when a hazard exists provided they are not
  112  used going to and from the scene of operation or hazard without
  113  specific authorization of a law enforcement officer or law
  114  enforcement agency. Wreckers must use amber rotating or flashing
  115  lights while performing recoveries and loading on the roadside
  116  day or night, and may use such lights while towing a vehicle on
  117  wheel lifts, slings, or under reach if the operator of the
  118  wrecker deems such lights necessary. A flatbed, car carrier, or
  119  rollback may not use amber rotating or flashing lights when
  120  hauling a vehicle on the bed unless it creates a hazard to other
  121  motorists because of protruding objects. Further, escort
  122  vehicles may show or display amber lights when in the actual
  123  process of escorting overdimensioned equipment, material, or
  124  buildings as authorized by law. Vehicles owned or leased by
  125  private security agencies may show or display green and amber
  126  lights, with either color being no greater than 50 percent of
  127  the lights displayed, while the security personnel are engaged
  128  in security duties on private 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 or a volunteer
  144  ambulance service licensed by the state, while responding to an
  145  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 or a volunteer ambulance service licensed by
  165  the state may not display on any motor vehicle owned by him or
  166  her, at any time, any red or red and white warning signals as
  167  described in subsection (1).
  168         (4) A physician or technician of the medical staff of a
  169  medical facility or a volunteer ambulance service may not
  170  operate any red warning signals as authorized in subsection (1),
  171  except when responding to an emergency in the line of duty.
  172         Section 5. Section 401.211, Florida Statutes, is amended to
  173  read:
  174         401.211 Legislative intent.—The Legislature recognizes that
  175  the systematic provision of emergency medical services saves
  176  lives and reduces disability associated with illness and injury.
  177  In addition, that system of care must be equally capable of
  178  assessing, treating, and transporting children, adults, and
  179  frail elderly persons. Further, it is the intent of the
  180  Legislature to encourage the development and maintenance of
  181  emergency medical services because such services are essential
  182  to the health and well-being of all citizens of the state. The
  183  Legislature finds that it is in the public interest to foster
  184  the development of emergency medical services that address
  185  religious sensitivities. In accordance with the Florida
  186  Volunteer and Community Service Act of 2001, the Legislature
  187  further recognizes the value of augmenting existing county and
  188  municipal emergency medical services with those provided by
  189  volunteer service organizations. The Legislature also recognizes
  190  that the establishment of a comprehensive statewide injury
  191  prevention program supports state and community health systems
  192  by further enhancing the total delivery system of emergency
  193  medical services and reduces injuries for all persons. The
  194  purpose of this part is to protect and enhance the public
  195  health, welfare, and safety through the establishment of an
  196  emergency medical services state plan, an advisory council, a
  197  comprehensive statewide injury-prevention program, minimum
  198  standards for emergency medical services personnel, vehicles,
  199  services and medical direction, and the establishment of a
  200  statewide inspection program created to monitor the quality of
  201  patient care delivered by each licensed service and
  202  appropriately certified personnel.
  203         Section 6. Subsections (22) and (23) are added to section
  204  401.23, Florida Statutes, to read:
  205         401.23 Definitions.—As used in this part, the term:
  206         (22) “Volunteer ambulance service” means a faith-based,
  207  not-for-profit corporation registered under chapter 617 which is
  208  licensed by the department as a basic life support service or an
  209  advanced life support service and which has no for-profit
  210  subsidiaries, uses volunteers to provide services, is not
  211  operating for pecuniary profit or financial gain, and does not
  212  distribute to or inure to the benefit of its directors, members,
  213  or officers any part of its assets or income.
  214         (23) “Volunteer first responder agency” means a first
  215  responder agency as defined in s. 401.435(2) which is a faith
  216  based, not-for-profit corporation registered under chapter 617,
  217  has been operating in this state for at least 10 consecutive
  218  years, has no for-profit subsidiaries, uses volunteers to
  219  provide services, is not operating for pecuniary profit or
  220  financial gain, and does not distribute to or inure to the
  221  benefit of its directors, members, or officers any part of its
  222  assets or income.
  223         Section 7. Paragraph (d) of subsection (2) and subsection
  224  (6) of section 401.25, Florida Statutes, are amended to read:
  225         401.25 Licensure as a basic life support or an advanced
  226  life support service.—
  227         (2) The department shall issue a license for operation to
  228  any applicant who complies with the following requirements:
  229         (d) The applicant has obtained a certificate of public
  230  convenience and necessity from each county in which the
  231  applicant will operate. In issuing the certificate of public
  232  convenience and necessity, the governing body of each county
  233  shall consider the recommendations of municipalities within its
  234  jurisdiction. An applicant that is a volunteer first responder
  235  agency is exempt from this requirement.
  236         (6)(a) The governing body of each county may adopt
  237  ordinances that provide reasonable standards for certificates of
  238  public convenience and necessity for basic or advanced life
  239  support services and air ambulance services. In developing
  240  standards for certificates of public convenience and necessity,
  241  the governing body of each county must consider state
  242  guidelines, recommendations of the local or regional trauma
  243  agency created under chapter 395, and the recommendations of
  244  municipalities within its jurisdiction.
  245         (b) A county or municipal government may not limit,
  246  prohibit, or prevent a volunteer ambulance service from
  247  responding to an emergency or from providing emergency medical
  248  services or transport within its jurisdiction.
  249         (c) A county or municipal government may not require a
  250  volunteer ambulance service to obtain a license or certificate
  251  or pay a fee to provide ambulance or air ambulance services
  252  within its jurisdiction, except that a county or municipal
  253  government may impose, collect, or enforce payment of any
  254  occupational license tax authorized by law.
  255         Section 8. Paragraph (a) of subsection (3) of section
  256  316.306, Florida Statutes, is amended to read:
  257         316.306 School and work zones; prohibition on the use of a
  258  wireless communications device in a handheld manner.—
  259         (3)(a)1. A person may not operate a motor vehicle while
  260  using a wireless communications device in a handheld manner in a
  261  designated school crossing, school zone, or work zone area as
  262  defined in s. 316.003(106) s. 316.003(105). This subparagraph
  263  shall only be applicable to work zone areas if construction
  264  personnel are present or are operating equipment on the road or
  265  immediately adjacent to the work zone area. For the purposes of
  266  this paragraph, a motor vehicle that is stationary is not being
  267  operated and is not subject to the prohibition in this
  268  paragraph.
  269         2.a. During the period from October 1, 2019, through
  270  December 31, 2019, a law enforcement officer may stop motor
  271  vehicles to issue verbal or written warnings to persons who are
  272  in violation of subparagraph 1. for the purposes of informing
  273  and educating such persons of this section. This sub
  274  subparagraph shall stand repealed on October 1, 2020.
  275         b. Effective January 1, 2020, a law enforcement officer may
  276  stop motor vehicles and issue citations to persons who are
  277  driving while using a wireless communications device in a
  278  handheld manner in violation of subparagraph 1.
  279         Section 9. This act shall take effect July 1, 2021.