| 1 | A bill to be entitled |
| 2 | An act relating to automated external defibrillator |
| 3 | devices; amending s. 401.107, F.S.; defining the terms |
| 4 | "youth athletic organization" and "automated external |
| 5 | defibrillator device"; amending s. 401.111, F.S.; |
| 6 | providing for grants to youth athletic organizations for |
| 7 | automated external defibrillator devices; amending s. |
| 8 | 401.113, F.S.; providing for disbursement of funds from |
| 9 | the Emergency Medical Services Trust Fund; requiring the |
| 10 | Department of Health to implement an educational campaign |
| 11 | to inform the public about the lack of immunity from |
| 12 | liability regarding the use of automated external |
| 13 | defibrillator devices under certain conditions; providing |
| 14 | an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (6) and (7) are added to section |
| 19 | 401.107, Florida Statutes, to read: |
| 20 | 401.107 Definitions.--As used in this part, the term: |
| 21 | (6) "Youth athletic organization" means a private |
| 22 | not-for-profit organization that promotes and provides organized |
| 23 | athletic activities to youth. |
| 24 | (7) "Automated external defibrillator device" means a |
| 25 | device as defined in s. 768.1325(2)(b). |
| 26 | Section 2. Section 401.111, Florida Statutes, is amended |
| 27 | to read: |
| 28 | 401.111 Emergency medical services grant program; |
| 29 | authority.--The department is hereby authorized to make grants |
| 30 | to local agencies, and emergency medical services organizations, |
| 31 | and youth athletic organizations in accordance with any |
| 32 | agreement entered into pursuant to this part. These grants shall |
| 33 | be designed to assist local said agencies and emergency medical |
| 34 | services organizations in providing emergency medical services, |
| 35 | including emergency medical dispatch, and to assist youth |
| 36 | athletic organizations that work in conjunction with local |
| 37 | emergency medical services organizations to expand the use of |
| 38 | automated external defibrillator devices in the community. The |
| 39 | cost of administering this program shall be paid by the |
| 40 | department from funds appropriated to it. |
| 41 | Section 3. Paragraphs (a) and (b) of subsection (2) of |
| 42 | section 401.113, Florida Statutes, are amended to read: |
| 43 | 401.113 Department; powers and duties.-- |
| 44 | (2) The department shall annually dispense funds contained |
| 45 | in the Emergency Medical Services Trust Fund as follows: |
| 46 | (a) Forty-five percent of such moneys must be divided |
| 47 | among the counties according to the proportion of the combined |
| 48 | amount deposited in the trust fund from the county. These funds |
| 49 | may not be used to match grant funds as identified in paragraph |
| 50 | (b). An individual board of county commissioners may distribute |
| 51 | these funds to emergency medical services service organizations |
| 52 | and youth athletic organizations within the county, as it deems |
| 53 | appropriate. |
| 54 | (b) Forty percent of such moneys must be used by the |
| 55 | department for making matching grants to local agencies, |
| 56 | municipalities, and emergency medical services organizations, |
| 57 | and youth athletic organizations for the purpose of conducting |
| 58 | research, increasing existing levels of emergency medical |
| 59 | services, evaluation, community education, injury-prevention |
| 60 | programs, and training in cardiopulmonary resuscitation and |
| 61 | other lifesaving and first aid techniques. |
| 62 | 1. At least 90 percent of these moneys must be made |
| 63 | available on a cash matching basis. A grant made under this |
| 64 | subparagraph must be contingent upon the recipient providing a |
| 65 | cash sum equal to 25 percent of the total department-approved |
| 66 | grant amount. |
| 67 | 2. No more than 10 percent of these moneys must be made |
| 68 | available to rural emergency medical services, and |
| 69 | notwithstanding the restrictions specified in subsection (1), |
| 70 | these moneys may be used for improvement, expansion, or |
| 71 | continuation of services provided. A grant made under this |
| 72 | subparagraph must be contingent upon the recipient providing a |
| 73 | cash sum equal to no more than 10 percent of the total |
| 74 | department-approved grant amount. |
| 75 |
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| 76 | The department shall develop procedures and standards for grant |
| 77 | disbursement under this paragraph based on the need for |
| 78 | emergency medical services, the requirements of the population |
| 79 | to be served, and the objectives of the state emergency medical |
| 80 | services plan. |
| 81 | Section 4. The Department of Health shall implement an |
| 82 | educational campaign to inform any person who acquires an |
| 83 | automated external defibrillator device that his or her immunity |
| 84 | from liability under s. 768.1325, Florida Statutes, for harm |
| 85 | resulting from the use or attempted use of the device, does not |
| 86 | apply if he or she fails to: |
| 87 | (1) Properly maintain and test the device; or |
| 88 | (2) Provide appropriate training in the use of the device |
| 89 | to his or her employee or agent when the employee or agent was |
| 90 | the person who used the device on the victim, except as provided |
| 91 | in s. 768.1325, Florida Statutes. |
| 92 | Section 5. This act shall take effect July 1, 2006. |