Senate Bill sb0252c1
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Florida Senate - 2006 CS for SB 252
By the Committee on Health and Human Services Appropriations;
and Senators Rich, Lynn and Alexander
603-2375-06
1 A bill to be entitled
2 An act relating to emergency medical services;
3 creating the "Gordon and Muilli Act"; amending
4 s. 401.107, F.S.; defining the terms "youth
5 athletic organization" and "automated external
6 defibrillator device"; amending s. 401.111,
7 F.S.; providing for grants to local agencies,
8 emergency medical services organizations, and
9 youth athletic organizations to expand the use
10 of automated external defibrillator devices;
11 amending s. 401.113, F.S.; providing for
12 disbursement of funds from the Emergency
13 Medical Services Trust Fund; amending s.
14 768.1325, F.S.; providing additional
15 circumstances under which immunity for the use
16 of an automated external defibrillator does not
17 apply; requiring the Department of Health to
18 administer an educational campaign regarding
19 the lack of immunity in the use of such a
20 device under certain circumstances; providing
21 an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. This act may be cited as the "Gordon and
26 Muilli Act."
27 Section 2. Subsections (6) and (7) are added to
28 section 401.107, Florida Statutes, to read:
29 401.107 Definitions.--As used in this part, the term:
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Florida Senate - 2006 CS for SB 252
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1 (6) "Youth athletic organization" means a private
2 not-for-profit organization that promotes and provides
3 organized athletic activities to youth.
4 (7) "Automated external defibrillator device" means a
5 device as defined in s. 768.1325.
6 Section 3. Section 401.111, Florida Statutes, is
7 amended to read:
8 401.111 Emergency medical services grant program;
9 authority.--The department is hereby authorized to make grants
10 to local agencies, and emergency medical services
11 organizations, and youth athletic organizations in accordance
12 with any agreement entered into pursuant to this part. These
13 grants shall be designed to assist local said agencies and
14 emergency medical services organizations in providing
15 emergency medical services, including emergency medical
16 dispatch, and to assist youth athletic organizations that work
17 in conjunction with local emergency medical services
18 organizations to expand the use of automated external
19 defibrillator devices in the community. The cost of
20 administering this program shall be paid by the department
21 from funds appropriated to it.
22 Section 4. Paragraphs (a) and (b) of subsection (2) of
23 section 401.113, Florida Statutes, are amended to read:
24 401.113 Department; powers and duties.--
25 (2) The department shall annually dispense funds
26 contained in the Emergency Medical Services Trust Fund as
27 follows:
28 (a) Forty-five percent of such moneys must be divided
29 among the counties according to the proportion of the combined
30 amount deposited in the trust fund from the county. These
31 funds may not be used to match grant funds as identified in
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Florida Senate - 2006 CS for SB 252
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1 paragraph (b). An individual board of county commissioners may
2 distribute these funds to emergency medical service
3 organizations and youth athletic organizations within the
4 county, as it deems appropriate.
5 (b) Forty percent of such moneys must be used by the
6 department for making matching grants to local agencies,
7 municipalities, and emergency medical services organizations,
8 and youth athletic organizations for the purpose of conducting
9 research, increasing existing levels of emergency medical
10 services, evaluation, community education, injury-prevention
11 programs, and training in cardiopulmonary resuscitation and
12 other lifesaving and first aid techniques.
13 1. At least 90 percent of these moneys must be made
14 available on a cash matching basis. A grant made under this
15 subparagraph must be contingent upon the recipient providing a
16 cash sum equal to 25 percent of the total department-approved
17 grant amount.
18 2. No more than 10 percent of these moneys must be
19 made available to rural emergency medical services, and
20 notwithstanding the restrictions specified in subsection (1),
21 these moneys may be used for improvement, expansion, or
22 continuation of services provided. A grant made under this
23 subparagraph must be contingent upon the recipient providing a
24 cash sum equal to no more than 10 percent of the total
25 department-approved grant amount.
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27 The department shall develop procedures and standards for
28 grant disbursement under this paragraph based on the need for
29 emergency medical services, the requirements of the population
30 to be served, and the objectives of the state emergency
31 medical services plan.
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Florida Senate - 2006 CS for SB 252
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1 Section 5. Subsection (4) of section 768.1325, Florida
2 Statutes, is amended to read:
3 768.1325 Cardiac Arrest Survival Act; immunity from
4 civil liability.--
5 (4) Immunity under subsection (3) does not apply to a
6 person if:
7 (a) The harm involved was caused by that person's
8 willful or criminal misconduct, gross negligence, reckless
9 disregard or misconduct, or a conscious, flagrant indifference
10 to the rights or safety of the victim who was harmed;
11 (b) The person is a licensed or certified health
12 professional who used the automated external defibrillator
13 device while acting within the scope of the license or
14 certification of the professional and within the scope of the
15 employment or agency of the professional;
16 (c) The person is a hospital, clinic, or other entity
17 whose primary purpose is providing health care directly to
18 patients, and the harm was caused by an employee or agent of
19 the entity who used the device while acting within the scope
20 of the employment or agency of the employee or agent;
21 (d) The person is an acquirer of the device who leased
22 the device to a health care entity, or who otherwise provided
23 the device to such entity for compensation without selling the
24 device to the entity, and the harm was caused by an employee
25 or agent of the entity who used the device while acting within
26 the scope of the employment or agency of the employee or
27 agent; or
28 (e) The person is an acquirer of the device who failed
29 to maintain and test the device or failed to provide
30 appropriate training in the use of the device to his or her
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1 employee or agent when the employee or agent is the person who
2 used the device on the victim; or
3 (f)(e) The person is the manufacturer of the device.
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5 The Department of Health shall administer an educational
6 campaign to inform each person who acquires an automated
7 external defibrillator device about the provisions of this
8 subsection.
9 Section 6. This act shall take effect July 1, 2006.
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11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 Senate Bill 252
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14 Provides that this act may be cited as the "Gordon and Muilli
Act".
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