HB 0093CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to automated external defibrillators;
7amending s. 401.2915, F.S.; revising legislative intent
8with respect to the use of an automated external
9defibrillator; defining the terms "automated external
10defibrillator" and "defibrillation"; providing that it is
11a first degree misdemeanor for a person to commit certain
12acts involving the misuse of an automated external
13defibrillator; providing penalties and an exception;
14requiring the Department of Health to implement an
15educational campaign to inform the public about the lack
16of immunity from liability regarding the use of automated
17external defibrillators under certain conditions;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 401.2915, Florida Statutes, is amended
23to read:
24     401.2915  Automated external defibrillators.--It is the
25intent of the Legislature that an automated external
26defibrillator may be used by any person for the purpose of
27saving the life of another person in cardiac arrest. In order to
28achieve that goal, the Legislature intends to encourage training
29in lifesaving first aid and set standards for and encourage the
30use of automated external defibrillators.
31     (1)  As used in this section, the term:
32     (a)  "Automated external defibrillator" means a device as
33defined in s. 768.1325(2)(b).
34     (b)  "Defibrillation" means the administration of a
35controlled electrical charge to the heart to restore a viable
36cardiac rhythm.
37     (2)  In order to ensure public health and safety:
38     (a)(1)  All persons who use an automated external
39defibrillator must obtain appropriate training, to include
40completion of a course in cardiopulmonary resuscitation or
41successful completion of a basic first aid course that includes
42cardiopulmonary resuscitation training, and demonstrated
43proficiency in the use of an automated external defibrillator.
44     (b)(2)  Any person or entity in possession of an automated
45external defibrillator is encouraged to register with the local
46emergency medical services medical director the existence and
47location of the automated external defibrillator.
48     (c)(3)  Any person who uses an automated external
49defibrillator shall activate the emergency medical services
50system as soon as possible upon use of the automated external
51defibrillator.
52     (3)  Any person who intentionally or willfully:
53     (a)  Tampers with or otherwise renders an automated
54external defibrillator inoperative, except during such time as
55the automated external defibrillator is being serviced, tested,
56repaired, recharged, or inspected or except pursuant to court
57order; or
58     (b)  Obliterates the serial number on an automated external
59defibrillator for purposes of falsifying service records,
60
61commits a misdemeanor of the first degree, punishable as
62provided in s. 775.082 or s. 775.083. Paragraph (a) does not
63apply to the owner of the automated external defibrillator or
64the owner's agent.
65     (4)  Each local and state law enforcement vehicle may carry
66an automated external defibrillator.
67     Section 2.  The Department of Health shall implement an
68educational campaign to inform any person who acquires an
69automated external defibrillator device that his or her immunity
70from liability under s. 768.1325, Florida Statutes, for harm
71resulting from the use or attempted use of the device, does not
72apply if he or she fails to:
73     (1)  Properly maintain and test the device; or
74     (2)  Provide appropriate training in the use of the device
75to his or her employee or agent when the employee or agent was
76the person who used the device on the victim, except as provided
77in s. 768.1325, Florida Statutes.
78     Section 3.  This act shall take effect July 1, 2006.


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