| 1 | A bill to be entitled |
| 2 | An act relating to automated external defibrillators; |
| 3 | amending s. 401.2915, F.S.; authorizing certain businesses |
| 4 | to have automated external defibrillators on their |
| 5 | premises; providing for training in the operation and |
| 6 | maintenance thereof by the local emergency medical |
| 7 | services provider at no cost to the business; providing |
| 8 | immunity from civil liability; amending s. 212.08, F.S.; |
| 9 | providing an exemption from the tax on sales, use, and |
| 10 | other transactions for automated external defibrillators |
| 11 | purchased by certain businesses; providing an effective |
| 12 | date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 401.2915, Florida Statutes, is amended |
| 17 | to read: |
| 18 | 401.2915 Automated external defibrillators.--It is the |
| 19 | intent of the Legislature that an automated external |
| 20 | defibrillator may be used by any person for the purpose of |
| 21 | saving the life of another person in cardiac arrest. In order to |
| 22 | ensure public health and safety: |
| 23 | (1) All persons who use an automated external |
| 24 | defibrillator must obtain appropriate training, to include |
| 25 | completion of a course in cardiopulmonary resuscitation or |
| 26 | successful completion of a basic first aid course that includes |
| 27 | cardiopulmonary resuscitation training, and demonstrated |
| 28 | proficiency in the use of an automated external defibrillator.; |
| 29 | (2) Any person or entity in possession of an automated |
| 30 | external defibrillator is encouraged to register with the local |
| 31 | emergency medical services medical director the existence and |
| 32 | location of the automated external defibrillator.; and |
| 33 | (3) Any person who uses an automated external |
| 34 | defibrillator is required to activate the emergency medical |
| 35 | services system as soon as possible upon use of the automated |
| 36 | external defibrillator. |
| 37 | (4) Any business entity as defined in s. 606.03 may have |
| 38 | an automated external defibrillator on the premises and shall |
| 39 | ensure that employees are properly trained in the operation and |
| 40 | maintenance thereof, pursuant to subsection (1). Such training |
| 41 | shall be provided by the local emergency medical services |
| 42 | provider at no cost to the business. The use of automated |
| 43 | external defibrillators by employees shall be covered under the |
| 44 | provisions of ss. 768.13 and 768.1325. |
| 45 | Section 2. Paragraph (ccc) is added to subsection (7) of |
| 46 | section 212.08, Florida Statutes, to read: |
| 47 | 212.08 Sales, rental, use, consumption, distribution, and |
| 48 | storage tax; specified exemptions.--The sale at retail, the |
| 49 | rental, the use, the consumption, the distribution, and the |
| 50 | storage to be used or consumed in this state of the following |
| 51 | are hereby specifically exempt from the tax imposed by this |
| 52 | chapter. |
| 53 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
| 54 | entity by this chapter do not inure to any transaction that is |
| 55 | otherwise taxable under this chapter when payment is made by a |
| 56 | representative or employee of the entity by any means, |
| 57 | including, but not limited to, cash, check, or credit card, even |
| 58 | when that representative or employee is subsequently reimbursed |
| 59 | by the entity. In addition, exemptions provided to any entity by |
| 60 | this subsection do not inure to any transaction that is |
| 61 | otherwise taxable under this chapter unless the entity has |
| 62 | obtained a sales tax exemption certificate from the department |
| 63 | or the entity obtains or provides other documentation as |
| 64 | required by the department. Eligible purchases or leases made |
| 65 | with such a certificate must be in strict compliance with this |
| 66 | subsection and departmental rules, and any person who makes an |
| 67 | exempt purchase with a certificate that is not in strict |
| 68 | compliance with this subsection and the rules is liable for and |
| 69 | shall pay the tax. The department may adopt rules to administer |
| 70 | this subsection. |
| 71 | (ccc) Automated external defibrillators.--The cost of an |
| 72 | automated external defibrillator purchased by a business entity |
| 73 | as defined in s. 606.03 is exempt from the tax imposed by this |
| 74 | chapter. |
| 75 | Section 3. This act shall take effect July 1, 2005. |