Senate Bill sb0978

    Florida Senate - 2006                                   SB 978

    By Senator Geller





    31-270-06

  1                      A bill to be entitled

  2         An act relating to automated external

  3         defibrillators; amending s. 401.2915, F.S.;

  4         authorizing certain businesses to have

  5         automated external defibrillators on their

  6         premises; providing for training in the

  7         operation and maintenance of automated external

  8         defibrillators by the local emergency medical

  9         services provider at no cost to the business;

10         providing immunity from civil liability;

11         amending s. 212.08, F.S.; providing an

12         exemption from the tax on sales, use, and other

13         transactions for automated external

14         defibrillators purchased by certain businesses;

15         providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 401.2915, Florida Statutes, is

20  amended to read:

21         401.2915  Automated external defibrillators.--It is the

22  intent of the Legislature that an automated external

23  defibrillator may be used by any person for the purpose of

24  saving the life of another person in cardiac arrest.  In order

25  to ensure public health and safety:

26         (1)  All persons who use an automated external

27  defibrillator must obtain appropriate training, to include

28  completion of a course in cardiopulmonary resuscitation or

29  successful completion of a basic first aid course that

30  includes cardiopulmonary resuscitation training, and

31  

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    Florida Senate - 2006                                   SB 978
    31-270-06




 1  demonstrated proficiency in the use of an automated external

 2  defibrillator.

 3         (2)  Any person or entity in possession of an automated

 4  external defibrillator is encouraged to register with the

 5  local emergency medical services medical director the

 6  existence and location of the automated external

 7  defibrillator.

 8         (3)  Any person who uses an automated external

 9  defibrillator shall activate the emergency medical services

10  system as soon as possible upon use of the automated external

11  defibrillator.

12         (4)  Each local and state law enforcement vehicle may

13  carry an automated external defibrillator.

14         (5)  Any business entity as defined in s. 606.03 may

15  have an automated external defibrillator on the premises and

16  shall ensure that employees are properly trained in the

17  operation and maintenance of the automated external

18  defibrillator pursuant to subsection (1). Such training shall

19  be provided by the local emergency medical services provider

20  at no cost to the business. The use of automated external

21  defibrillators by employees shall be covered under ss. 768.13

22  and 768.1325.

23         Section 2.  Paragraph (ccc) is added to subsection (7)

24  of section 212.08, Florida Statutes, to read:

25         212.08  Sales, rental, use, consumption, distribution,

26  and storage tax; specified exemptions.--The sale at retail,

27  the rental, the use, the consumption, the distribution, and

28  the storage to be used or consumed in this state of the

29  following are hereby specifically exempt from the tax imposed

30  by this chapter.

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    Florida Senate - 2006                                   SB 978
    31-270-06




 1         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

 2  any entity by this chapter do not inure to any transaction

 3  that is otherwise taxable under this chapter when payment is

 4  made by a representative or employee of the entity by any

 5  means, including, but not limited to, cash, check, or credit

 6  card, even when that representative or employee is

 7  subsequently reimbursed by the entity. In addition, exemptions

 8  provided to any entity by this subsection do not inure to any

 9  transaction that is otherwise taxable under this chapter

10  unless the entity has obtained a sales tax exemption

11  certificate from the department or the entity obtains or

12  provides other documentation as required by the department.

13  Eligible purchases or leases made with such a certificate must

14  be in strict compliance with this subsection and departmental

15  rules, and any person who makes an exempt purchase with a

16  certificate that is not in strict compliance with this

17  subsection and the rules is liable for and shall pay the tax.

18  The department may adopt rules to administer this subsection.

19         (ccc)  Automated external defibrillators.--The cost of

20  an automated external defibrillator purchased by a business

21  entity as defined in s. 606.03 is exempt from the tax imposed

22  by this chapter.

23         Section 3.  This act shall take effect July 1, 2006.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Authorizes certain businesses to have automated external
      defibrillators on their premises. Provides for training
28    in the operation and maintenance of automated external
      defibrillators by the local emergency medical services
29    provider at no cost to the business. Provides immunity
      from civil liability. Provides an exemption from the tax
30    on sales, use, and other transactions for automated
      external defibrillators purchased by certain businesses.
31  

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