Senate Bill sb0252
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Florida Senate - 2006 (Corrected Copy) SB 252
By Senator Rich
34-109A-06
1 A bill to be entitled
2 An act relating to emergency medical services;
3 amending s. 401.107, F.S.; defining the terms
4 "youth athletic organization" and "automated
5 external defibrillator device"; amending s.
6 401.111, F.S.; providing for grants to local
7 agencies, emergency medical services
8 organizations, and youth athletic organizations
9 to expand the use of automated external
10 defibrillator devices; amending s. 401.113,
11 F.S.; providing for disbursement of funds from
12 the Emergency Medical Services Trust Fund;
13 amending s. 768.1325, F.S.; providing
14 additional circumstances under which immunity
15 for the use of an automated external
16 defibrillator does not apply; requiring the
17 Department of Health to administer an
18 educational campaign regarding the lack of
19 immunity in the use of such a device under
20 certain circumstances; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Subsections (6) and (7) are added to
26 section 401.107, Florida Statutes, to read:
27 401.107 Definitions.--As used in this part, the term:
28 (6) "Youth athletic organization" means a private
29 not-for-profit organization that promotes and provides
30 organized athletic activities to youth.
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Florida Senate - 2006 (Corrected Copy) SB 252
34-109A-06
1 (7) "Automated external defibrillator device" means a
2 device as defined in s. 768.1325.
3 Section 2. Section 401.111, Florida Statutes, is
4 amended to read:
5 401.111 Emergency medical services grant program;
6 authority.--The department is hereby authorized to make grants
7 to local agencies, and emergency medical services
8 organizations, and youth athletic organizations in accordance
9 with any agreement entered into pursuant to this part. These
10 grants shall be designed to assist local said agencies and
11 emergency medical services organizations in providing
12 emergency medical services, including emergency medical
13 dispatch, and to assist youth athletic organizations that work
14 in conjunction with local emergency medical services
15 organizations to expand the use of automated external
16 defibrillator devices in the community. The cost of
17 administering this program shall be paid by the department
18 from funds appropriated to it.
19 Section 3. Paragraphs (a) and (b) of subsection (2) of
20 section 401.113, Florida Statutes, are amended to read:
21 401.113 Department; powers and duties.--
22 (2) The department shall annually dispense funds
23 contained in the Emergency Medical Services Trust Fund as
24 follows:
25 (a) Forty-five percent of such moneys must be divided
26 among the counties according to the proportion of the combined
27 amount deposited in the trust fund from the county. These
28 funds may not be used to match grant funds as identified in
29 paragraph (b). An individual board of county commissioners may
30 distribute these funds to emergency medical service
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Florida Senate - 2006 (Corrected Copy) SB 252
34-109A-06
1 organizations and youth athletic organizations within the
2 county, as it deems appropriate.
3 (b) Forty percent of such moneys must be used by the
4 department for making matching grants to local agencies,
5 municipalities, and emergency medical services organizations,
6 and youth athletic organizations for the purpose of conducting
7 research, increasing existing levels of emergency medical
8 services, evaluation, community education, injury-prevention
9 programs, and training in cardiopulmonary resuscitation and
10 other lifesaving and first aid techniques.
11 1. At least 90 percent of these moneys must be made
12 available on a cash matching basis. A grant made under this
13 subparagraph must be contingent upon the recipient providing a
14 cash sum equal to 25 percent of the total department-approved
15 grant amount.
16 2. No more than 10 percent of these moneys must be
17 made available to rural emergency medical services, and
18 notwithstanding the restrictions specified in subsection (1),
19 these moneys may be used for improvement, expansion, or
20 continuation of services provided. A grant made under this
21 subparagraph must be contingent upon the recipient providing a
22 cash sum equal to no more than 10 percent of the total
23 department-approved grant amount.
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25 The department shall develop procedures and standards for
26 grant disbursement under this paragraph based on the need for
27 emergency medical services, the requirements of the population
28 to be served, and the objectives of the state emergency
29 medical services plan.
30 Section 4. Subsection (4) of section 768.1325, Florida
31 Statutes, is amended to read:
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Florida Senate - 2006 (Corrected Copy) SB 252
34-109A-06
1 768.1325 Cardiac Arrest Survival Act; immunity from
2 civil liability.--
3 (4) Immunity under subsection (3) does not apply to a
4 person if:
5 (a) The harm involved was caused by that person's
6 willful or criminal misconduct, gross negligence, reckless
7 disregard or misconduct, or a conscious, flagrant indifference
8 to the rights or safety of the victim who was harmed;
9 (b) The person is a licensed or certified health
10 professional who used the automated external defibrillator
11 device while acting within the scope of the license or
12 certification of the professional and within the scope of the
13 employment or agency of the professional;
14 (c) The person is a hospital, clinic, or other entity
15 whose primary purpose is providing health care directly to
16 patients, and the harm was caused by an employee or agent of
17 the entity who used the device while acting within the scope
18 of the employment or agency of the employee or agent;
19 (d) The person is an acquirer of the device who leased
20 the device to a health care entity, or who otherwise provided
21 the device to such entity for compensation without selling the
22 device to the entity, and the harm was caused by an employee
23 or agent of the entity who used the device while acting within
24 the scope of the employment or agency of the employee or
25 agent; or
26 (e) The person is an acquirer of the device who failed
27 to maintain and test the device or failed to provide
28 appropriate training in the use of the device to his or her
29 employee or agent when the employee or agent is the person who
30 used the device on the victim; or
31 (f)(e) The person is the manufacturer of the device.
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Florida Senate - 2006 (Corrected Copy) SB 252
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2 The Department of Health shall administer an educational
3 campaign to inform each person who acquires an automated
4 external defibrillator device about the provisions of this
5 subsection.
6 Section 5. This act shall take effect July 1, 2006.
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9 SENATE SUMMARY
10 Provides for grants to local agencies, emergency medical
services organizations, and youth athletic organizations
11 to expand the use of automated external defibrillator
devices. Provides additional circumstances under which
12 immunity for the use of an automated external
defibrillator does not apply. Requires the Department of
13 Health to administer an educational campaign regarding
the lack of immunity in the use of such a device under
14 certain circumstances.
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