HB 1123CS

CHAMBER ACTION




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


CODING: Words stricken are deletions; words underlined are additions.