1 | The Business Regulation Committee recommends the following: |
2 |
|
3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to automated external defibrillators; |
7 | amending s. 401.2915, F.S.; authorizing certain businesses |
8 | to have automated external defibrillators on their |
9 | premises; providing for training of employees in the |
10 | operation and maintenance thereof; providing immunity from |
11 | civil liability; amending s. 212.08, F.S.; providing an |
12 | exemption from the tax on sales, use, and other |
13 | transactions for automated external defibrillators |
14 | purchased by certain businesses; providing an effective |
15 | date. |
16 |
|
17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
|
19 | Section 1. Section 401.2915, Florida Statutes, is amended |
20 | to read: |
21 | 401.2915 Automated external defibrillators.--It is the |
22 | intent of the Legislature that an automated external |
23 | defibrillator may be used by any person for the purpose of |
24 | saving the life of another person in cardiac arrest. In order to |
25 | ensure public health and safety: |
26 | (1) All persons who use an automated external |
27 | defibrillator must obtain appropriate training, to include |
28 | completion of a course in cardiopulmonary resuscitation or |
29 | successful completion of a basic first aid course that includes |
30 | cardiopulmonary resuscitation training, and demonstrated |
31 | proficiency in the use of an automated external defibrillator.; |
32 | (2) Any person or entity in possession of an automated |
33 | external defibrillator is encouraged to register with the local |
34 | emergency medical services medical director the existence and |
35 | location of the automated external defibrillator.; and |
36 | (3) Any person who uses an automated external |
37 | defibrillator is required to activate the emergency medical |
38 | services system as soon as possible upon use of the automated |
39 | external defibrillator. |
40 | (4) Any business entity as defined in s. 606.03 may have |
41 | an automated external defibrillator on the premises and shall |
42 | ensure that employees are properly trained in the operation and |
43 | maintenance thereof. In lieu of subsection (1), training under |
44 | this subsection may be provided by the business using the |
45 | training materials provided by the manufacturer of the automated |
46 | external defibrillator. Authorized formats for such training |
47 | include printed instructions or VHS, DVD, CD-ROM, or on-line |
48 | training. The use of automated external defibrillators by |
49 | employees shall be covered under the provisions of ss. 768.13 |
50 | and 768.1325. |
51 | Section 2. Paragraph (ccc) is added to subsection (7) of |
52 | section 212.08, Florida Statutes, to read: |
53 | 212.08 Sales, rental, use, consumption, distribution, and |
54 | storage tax; specified exemptions.--The sale at retail, the |
55 | rental, the use, the consumption, the distribution, and the |
56 | storage to be used or consumed in this state of the following |
57 | are hereby specifically exempt from the tax imposed by this |
58 | chapter. |
59 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
60 | entity by this chapter do not inure to any transaction that is |
61 | otherwise taxable under this chapter when payment is made by a |
62 | representative or employee of the entity by any means, |
63 | including, but not limited to, cash, check, or credit card, even |
64 | when that representative or employee is subsequently reimbursed |
65 | by the entity. In addition, exemptions provided to any entity by |
66 | this subsection do not inure to any transaction that is |
67 | otherwise taxable under this chapter unless the entity has |
68 | obtained a sales tax exemption certificate from the department |
69 | or the entity obtains or provides other documentation as |
70 | required by the department. Eligible purchases or leases made |
71 | with such a certificate must be in strict compliance with this |
72 | subsection and departmental rules, and any person who makes an |
73 | exempt purchase with a certificate that is not in strict |
74 | compliance with this subsection and the rules is liable for and |
75 | shall pay the tax. The department may adopt rules to administer |
76 | this subsection. |
77 | (ccc) Automated external defibrillators.--The cost of an |
78 | automated external defibrillator purchased by a business entity |
79 | as defined in s. 606.03 is exempt from the tax imposed by this |
80 | chapter. |
81 | Section 3. This act shall take effect July 1, 2005. |