| 1 | Representative(s) Henriquez offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 16-38 and insert: |
| 5 | Section 1. Section 401.2915, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 401.2915 Automated external defibrillators.--It is the |
| 8 | intent of the Legislature that an automated external |
| 9 | defibrillator may be used by any person for the purpose of |
| 10 | saving the life of another person in cardiac arrest. In order to |
| 11 | achieve that goal, the Legislature intends to encourage training |
| 12 | in lifesaving first aid, set standards for the use of automated |
| 13 | external defibrillators, and encourage their use. |
| 14 | (1) As used in this section, the term: |
| 15 | (a) "Automated external defibrillator" means a lifesaving |
| 16 | defibrillation device that: |
| 17 | 1. Is commercially distributed as a defibrillation device |
| 18 | in accordance with the Federal Food, Drug, and Cosmetic Act. |
| 19 | 2. Is capable of recognizing the presence or absence of |
| 20 | ventricular fibrillation and is capable of determining, without |
| 21 | intervention by the user of the device, if defibrillation should |
| 22 | be performed. |
| 23 | 3. Is capable of delivering an electrical shock to an |
| 24 | individual, upon determining that defibrillation should be |
| 25 | performed. |
| 26 | (b) "Defibrillation" means the administration of a |
| 27 | controlled electrical charge to the heart to restore a viable |
| 28 | cardiac rhythm. |
| 29 | (2) In order to ensure public health and safety: |
| 30 | (a)(1) All persons who use an automated external |
| 31 | defibrillator must obtain appropriate training, to include |
| 32 | completion of a course in cardiopulmonary resuscitation or |
| 33 | successful completion of a basic first aid course that includes |
| 34 | cardiopulmonary resuscitation training, and demonstrated |
| 35 | proficiency in the use of an automated external defibrillator.; |
| 36 | (b)(2) Any person or entity in possession of an automated |
| 37 | external defibrillator is encouraged to register with the local |
| 38 | emergency medical services medical director the existence and |
| 39 | location of the automated external defibrillator.; and |
| 40 | (c)(3) Any person who uses an automated external |
| 41 | defibrillator shall is required to activate the emergency |
| 42 | medical services system as soon as possible upon use of the |
| 43 | automated external defibrillator. |
| 44 | (3) Any person who intentionally or willfully: |
| 45 | (a) Tampers with or otherwise renders an automated |
| 46 | external defibrillator inoperative, except during such time as |
| 47 | the automated external defibrillator is being serviced, tested, |
| 48 | repaired, or recharged or except pursuant to court order; or |
| 49 | (b) Obliterates the serial number on an automated external |
| 50 | defibrillator for purposes of falsifying service records, |
| 51 |
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| 52 | commits a misdemeanor of the first degree, punishable as |
| 53 | provided in s. 775.082 or s. 775.083. |
| 54 | (4) A local ordinance may require a person to obtain a |
| 55 | license, permit, or inspection certificate regarding automated |
| 56 | external defibrillators. Such ordinance may provide for any |
| 57 | enforcement method authorized by s. 162.22. The ordinance may |
| 58 | provide that it is an infraction or a criminal offense for any |
| 59 | person to intentionally or willfully: |
| 60 | (a) Fail to properly service, recharge, repair, test, or |
| 61 | inspect an automated external defibrillator; |
| 62 | (b) Use the license, permit, or inspection certificate of |
| 63 | another person to service, recharge, repair, test, or inspect an |
| 64 | automated external defibrillator; |
| 65 | (c) Hold a permit or inspection certificate and allow |
| 66 | another person to use that permit or inspection certificate |
| 67 | number to service, recharge, repair, test, or inspect an |
| 68 | automated external defibrillator; or |
| 69 | (d) Use or permit the use of any license, permit, or |
| 70 | inspection certificate by any individual or organization other |
| 71 | than the one to whom the license, permit, or inspection |
| 72 | certificate is issued to service, recharge, repair, test, or |
| 73 | inspect an automated external defibrillator. |
| 74 | (5) Each local and state law enforcement vehicle may carry |
| 75 | an automated external defibrillator. |
| 76 | Section 2. The Department of Health shall implement an |
| 77 | educational campaign to inform any person who acquires an |
| 78 | automated external defibrillator device that his or her immunity |
| 79 | from liability under s. 768.1325, Florida Statutes, for harm |
| 80 | resulting from the use or attempted use of the device, does not |
| 81 | apply if he or she fails to: |
| 82 | (1) Properly maintain and test the device; or |
| 83 | (2) Provide appropriate training in the use of the device |
| 84 | to his or her employee or agent when the employee or agent was |
| 85 | the person who used the device on the victim, except as provided |
| 86 | in s. 768.1325, Florida Statutes. |
| 87 |
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| 88 | ================ T I T L E A M E N D M E N T ============= |
| 89 | Remove line(s) 7-9 and insert: |
| 90 | amending s. 401.2915, F.S.; revising legislative intent with |
| 91 | respect to the use of an automated external defibrillator; |
| 92 | defining an automated external defibrillator as a lifesaving |
| 93 | defibrillation device; defining a related term; providing that |
| 94 | it is a first-degree misdemeanor for a person to commit certain |
| 95 | acts involving the misuse of an automated external |
| 96 | defibrillator; authorizing a local government to adopt an |
| 97 | ordinance to license, permit, or inspect automated external |
| 98 | defibrillators; providing for enforcement of such local |
| 99 | ordinances; authorizing state and local law enforcement vehicles |
| 100 | to carry an automated external defibrillator; requiring the |
| 101 | Department of Health to implement an educational campaign to |
| 102 | inform the public about the lack of immunity from liability |
| 103 | regarding the use of automated external defibrillators under |
| 104 | certain conditions; amending s. 932.7055, F.S.; authorizing |