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: |
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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. |