Senate Bill sb1760

    Florida Senate - 2005                                  SB 1760

    By Senator Geller





    31-1604-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to automated external

  3         defibrillators; amending s. 401.2915, F.S.;

  4         authorizing certain businesses to have

  5         automated external defibrillators on their

  6         premises; providing for training in the

  7         operation and maintenance thereof by the local

  8         emergency medical services provider at no cost

  9         to the business; providing immunity from civil

10         liability; amending s. 212.08, F.S.; providing

11         an exemption from the tax on sales, use, and

12         other transactions for automated external

13         defibrillators purchased by certain businesses;

14         providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 401.2915, Florida Statutes, is

19  amended to read:

20         401.2915  Automated external defibrillators.--It is the

21  intent of the Legislature that an automated external

22  defibrillator may be used by any person for the purpose of

23  saving the life of another person in cardiac arrest. In order

24  to ensure public health and safety:

25         (1)  All persons who use an automated external

26  defibrillator must obtain appropriate training, to include

27  completion of a course in cardiopulmonary resuscitation or

28  successful completion of a basic first aid course that

29  includes cardiopulmonary resuscitation training, and

30  demonstrated proficiency in the use of an automated external

31  defibrillator.;

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






    Florida Senate - 2005                                  SB 1760
    31-1604-05                                              See HB




 1         (2)  Any person or entity in possession of an automated

 2  external defibrillator is encouraged to register with the

 3  local emergency medical services medical director the

 4  existence and location of the automated external

 5  defibrillator.; and

 6         (3)  Any person who uses an automated external

 7  defibrillator is required to activate the emergency medical

 8  services system as soon as possible upon use of the automated

 9  external defibrillator.

10         (4)  Any business entity as defined in s. 606.03 may

11  have an automated external defibrillator on the premises and

12  shall ensure that employees are properly trained in the

13  operation and maintenance thereof, pursuant to subsection (1).

14  Such training shall be provided by the local emergency medical

15  services provider at no cost to the business. The use of

16  automated external defibrillators by employees shall be

17  covered under the provisions of ss. 768.13 and 768.1325.

18         Section 2.  Paragraph (ccc) is added to subsection (7)

19  of section 212.08, Florida Statutes, to read:

20         212.08  Sales, rental, use, consumption, distribution,

21  and storage tax; specified exemptions.--The sale at retail,

22  the rental, the use, the consumption, the distribution, and

23  the storage to be used or consumed in this state of the

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

26         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

27  any entity by this chapter do not inure to any transaction

28  that is otherwise taxable under this chapter when payment is

29  made by a representative or employee of the entity by any

30  means, including, but not limited to, cash, check, or credit

31  card, even when that representative or employee is

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    Florida Senate - 2005                                  SB 1760
    31-1604-05                                              See HB




 1  subsequently reimbursed by the entity. In addition, exemptions

 2  provided to any entity by this subsection do not inure to any

 3  transaction that is otherwise taxable under this chapter

 4  unless the entity has obtained a sales tax exemption

 5  certificate from the department or the entity obtains or

 6  provides other documentation as required by the department.

 7  Eligible purchases or leases made with such a certificate must

 8  be in strict compliance with this subsection and departmental

 9  rules, and any person who makes an exempt purchase with a

10  certificate that is not in strict compliance with this

11  subsection and the rules is liable for and shall pay the tax.

12  The department may adopt rules to administer this subsection.

13         (ccc)  Automated external defibrillators.--The cost of

14  an automated external defibrillator purchased by a business

15  entity as defined in s. 606.03 is exempt from the tax imposed

16  by this chapter.

17         Section 3.  This act shall take effect July 1, 2005.

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