HB 93

1	A bill to be entitled
2	An act relating to automated external defibrillators;
3	amending s. 401.2915, F.S.; revising legislative intent
4	with respect to the use of an automated external
5	defibrillator; defining an automated external
6	defibrillator as a lifesaving defibrillation device;
7	defining a related term; providing that it is a first
8	degree misdemeanor for a person to commit certain acts
9	involving the misuse of an automated external
10	defibrillator; authorizing a local government to adopt an
11	ordinance to license, permit, or inspect automated
12	external defibrillators; providing for enforcement of such
13	local ordinances; requiring the Department of Health to
14	implement an educational campaign to inform the public
15	about the lack of immunity from liability regarding the
16	use of automated external defibrillators under certain
17	conditions; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 401.2915, Florida Statutes, is amended
22	to read:
23	401.2915  Automated external defibrillators.--It is the
24	intent of the Legislature that an automated external
25	defibrillator may be used by any person for the purpose of
26	saving the life of another person in cardiac arrest. In order to
27	achieve that goal, the Legislature intends to encourage training
28	in lifesaving first aid, set standards for the use of automated
29	external defibrillators, and encourage their use.
30	(1)  As used in this section, the term:
31	(a)  "Automated external defibrillator" means a lifesaving
32	defibrillation device that:
33	1.  Is commercially distributed as a defibrillation device
34	in accordance with the Federal Food, Drug, and Cosmetic Act.
35	2.  Is capable of recognizing the presence or absence of
36	ventricular fibrillation and is capable of determining, without
37	intervention by the user of the device, if defibrillation should
38	be performed.
39	3.  Is capable of delivering an electrical shock to an
40	individual, upon determining that defibrillation should be
41	performed.
42	(b)  "Defibrillation" means the administration of a
43	controlled electrical charge to the heart to restore a viable
44	cardiac rhythm.
45	(2)  In order to ensure public health and safety:
46	(a)(1)  All persons who use an automated external
47	defibrillator must obtain appropriate training, to include
48	completion of a course in cardiopulmonary resuscitation or
49	successful completion of a basic first aid course that includes
50	cardiopulmonary resuscitation training, and demonstrated
51	proficiency in the use of an automated external defibrillator.
52	(b)(2)  Any person or entity in possession of an automated
53	external defibrillator is encouraged to register with the local
54	emergency medical services medical director the existence and
55	location of the automated external defibrillator.
56	(c)(3)  Any person who uses an automated external
57	defibrillator shall activate the emergency medical services
58	system as soon as possible upon use of the automated external
59	defibrillator.
60	(3)  Any person who intentionally or willfully:
61	(a)  Tampers with or otherwise renders an automated
62	external defibrillator inoperative, except during such time as
63	the automated external defibrillator is being serviced, tested,
64	repaired, or recharged or except pursuant to court order; or
65	(b)  Obliterates the serial number on an automated external
66	defibrillator for purposes of falsifying service records,
67
68	commits a misdemeanor of the first degree, punishable as
69	provided in s. 775.082 or s. 775.083.
70	(4)  A local ordinance may require a person to obtain a
71	license, permit, or inspection certificate for an automated
72	external defibrillator. Such ordinance may provide for any
73	enforcement method authorized by s. 162.22. The ordinance may
74	provide that it is an infraction or a criminal offense for any
75	person to intentionally or willfully:
76	(a)  Fail to properly service, recharge, repair, test, or
77	inspect an automated external defibrillator;
78	(b)  Use the license, permit, or inspection certificate of
79	another person to service, recharge, repair, test, or inspect an
80	automated external defibrillator;
81	(c)  Hold a permit or inspection certificate and allow
82	another person to use that permit or inspection certificate
83	number to service, recharge, repair, test, or inspect an
84	automated external defibrillator; or
85	(d)  Use or permit the use of any license, permit, or
86	inspection certificate by any individual or organization other
87	than the one to whom the license, permit, or inspection
88	certificate is issued to service, recharge, repair, test, or
89	inspect an automated external defibrillator.
90	(5)(4)  Each local and state law enforcement vehicle may
91	carry an automated external defibrillator.
92	Section 2.  The Department of Health shall implement an
93	educational campaign to inform any person who acquires an
94	automated external defibrillator device that his or her immunity
95	from liability under s. 768.1325, Florida Statutes, for harm
96	resulting from the use or attempted use of the device, does not
97	apply if he or she fails to:
98	(1)  Properly maintain and test the device; or
99	(2)  Provide appropriate training in the use of the device
100	to his or her employee or agent when the employee or agent was
101	the person who used the device on the victim, except as provided
102	in s. 768.1325, Florida Statutes.
103	Section 3.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.