| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 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.; revising legislative intent |
| 8 | with respect to the use of an automated external |
| 9 | defibrillator; defining an automated external |
| 10 | defibrillator as a lifesaving defibrillation device; |
| 11 | defining a related term; providing penalties for specified |
| 12 | actions; providing for the licensing, permitting, and |
| 13 | inspecting of automated external defibrillators to be |
| 14 | governed by municipal ordinance; providing for enforcement |
| 15 | methods for violation of the ordinance; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 401.2915, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 401.2915 Automated external defibrillators.--It is the |
| 23 | intent of the Legislature that an automated external |
| 24 | defibrillator may be used by any person for the purpose of |
| 25 | saving the life of another person in cardiac arrest. In order to |
| 26 | achieve that goal, the Legislature intends to encourage training |
| 27 | in lifesaving first aid, set standards for the use of automated |
| 28 | external defibrillators, and encourage their use. |
| 29 | (1) As used in this section, the term: |
| 30 | (a) "Automated external defibrillator" means a lifesaving |
| 31 | defibrillation device that: |
| 32 | 1. Is commercially distributed as a defibrillation device |
| 33 | in accordance with the Federal Food, Drug, and Cosmetic Act. |
| 34 | 2. Is capable of recognizing the presence or absence of |
| 35 | ventricular fibrillation and is capable of determining, without |
| 36 | intervention by the user of the device, if defibrillation should |
| 37 | be performed. |
| 38 | 3. Is capable of delivering an electrical shock to an |
| 39 | individual, upon determining that defibrillation should be |
| 40 | performed. |
| 41 | (b) "Defibrillation" means the administration of a |
| 42 | controlled electrical charge to the heart to restore a viable |
| 43 | cardiac rhythm. |
| 44 | (2) In order to ensure public health and safety: |
| 45 | (a)(1) All persons who use an automated external |
| 46 | defibrillator must obtain appropriate training, to include |
| 47 | completion of a course in cardiopulmonary resuscitation or |
| 48 | successful completion of a basic first aid course that includes |
| 49 | cardiopulmonary resuscitation training, and demonstrated |
| 50 | proficiency in the use of an automated external defibrillator.; |
| 51 | (b)(2) Any person or entity in possession of an automated |
| 52 | external defibrillator is encouraged to register with the local |
| 53 | emergency medical services medical director the existence and |
| 54 | location of the automated external defibrillator.; and |
| 55 | (c)(3) Any person who uses an automated external |
| 56 | defibrillator shall is required to activate the emergency |
| 57 | medical services system as soon as possible upon use of the |
| 58 | automated external defibrillator. |
| 59 | (3) It is a misdemeanor of the first degree, punishable as |
| 60 | provided in s. 775.082 or s. 775.083, to intentionally or |
| 61 | willfully: |
| 62 | (a) Tamper with or otherwise render an automated external |
| 63 | defibrillator inoperative except during such time as the |
| 64 | automated external defibrillator is being serviced, tested, |
| 65 | repaired, or recharged, except pursuant to court order. |
| 66 | (b) Obliterate the serial number on an automated external |
| 67 | defibrillator for purposes of falsifying service records. |
| 68 | (4) A municipal ordinance may require a person to obtain a |
| 69 | license, permit, or inspection certificate for automated |
| 70 | external defibrillators. Such ordinance may provide for any |
| 71 | enforcement method authorized by s. 162.22. The ordinance may |
| 72 | provide that it is an infraction or a criminal offense for any |
| 73 | person to intentionally or willfully: |
| 74 | (a) Improperly service, recharge, repair, test, or inspect |
| 75 | an automated external defibrillator. |
| 76 | (b) Use the license, permit, or inspection certificate of |
| 77 | another person to service, recharge, repair, test, or inspect an |
| 78 | automated external defibrillator. |
| 79 | (c) Hold a permit or inspection certificate and allow |
| 80 | another person to use that permit or inspection certificate |
| 81 | number to service, recharge, repair, test, or inspect an |
| 82 | automated external defibrillator. |
| 83 | (d) Use or permit the use of any license, permit, or |
| 84 | inspection certificate by any individual or organization other |
| 85 | than the one to whom the license, permit, or inspection |
| 86 | certificate is issued to service, recharge, repair, test, or |
| 87 | inspect an automated external defibrillator. |
| 88 | Section 2. This act shall take effect July 1, 2005. |