HB 493

1	A bill to be entitled
2	An act relating to automated external defibrillators;
3	amending s. 212.08, F.S.; providing a sales and use tax
4	exemption for defibrillators obtained by businesses for
5	use on their premises; amending s. 401.2915, F.S.;
6	revising provisions relating to maintenance and training
7	requirements and notice to the local emergency medical
8	services medical director; amending s. 768.1325, F.S.;
9	revising requirements for civil immunity for use or
10	attempted use of a defibrillator on a victim of a
11	perceived medical emergency; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (k) of subsection (2) of section
16	212.08, Florida Statutes, is redesignated as paragraph (l), and
17	a new paragraph (k) is added to that subsection, to read:
18	212.08  Sales, rental, use, consumption, distribution, and
19	storage tax; specified exemptions.--The sale at retail, the
20	rental, the use, the consumption, the distribution, and the
21	storage to be used or consumed in this state of the following
22	are hereby specifically exempt from the tax imposed by this
23	chapter.
24	(2)  EXEMPTIONS; MEDICAL.--
25	(k)  Automated external defibrillators obtained by
26	businesses for use on their premises are exempt.
27	Section 2.  Paragraphs (a) and (b) of subsection (2) of
28	section 401.2915, Florida Statutes, are amended to read:
29	401.2915  Automated external defibrillators.--It is the
30	intent of the Legislature that an automated external
31	defibrillator may be used by any person for the purpose of
32	saving the life of another person in cardiac arrest. In order to
33	achieve that goal, the Legislature intends to encourage training
34	in lifesaving first aid and set standards for and encourage the
35	use of automated external defibrillators.
36	(2)  In order to ensure public health and safety:
37	(a)  Any person or entity in possession of an automated
38	external defibrillator shall:
39	1.  Properly maintain and test the device.
40	2.  Provide training in cardiopulmonary resuscitation and
41	automated external defibrillator proficiency from the American
42	Heart Association or the American Red Cross, or a substantially
43	similar program from another provider, to any of its employees
44	or agents who are reasonably expected to be potential users of
45	the defibrillator. All persons who use an automated external
46	defibrillator must obtain appropriate training, to include
47	completion of a course in cardiopulmonary resuscitation or
48	successful completion of a basic first aid course that includes
49	cardiopulmonary resuscitation training, and demonstrated
50	proficiency in the use of an automated external defibrillator.
51	(b)  Any person or entity in possession of an automated
52	external defibrillator is encouraged to notify register with the
53	local emergency medical services medical director of the
54	existence and location of the automated external defibrillator.
55	Section 3.  Subsection (3) of section 768.1325, Florida
56	Statutes, is amended to read:
57	768.1325  Cardiac Arrest Survival Act; immunity from civil
58	liability.--
59	(3)  Notwithstanding any other provision of law to the
60	contrary, and except as provided in subsection (4), any person
61	who uses or attempts to use an automated external defibrillator
62	device on a victim of a perceived medical emergency, without
63	objection of the victim of the perceived medical emergency, is
64	immune from civil liability for any harm resulting from the use
65	or attempted use of such device. In addition, any person who
66	acquired the device, including, but not limited to, a community
67	association organized under chapter 617, chapter 718, chapter
68	719, chapter 720, chapter 721, or chapter 723, is immune from
69	such liability, if the harm was not due to the failure of such
70	acquirer of the device to:
71	(a)  Notify the local emergency medical services medical
72	director of the most recent placement of the device within a
73	reasonable period of time after the device was placed;
74	(b)  Properly maintain and test the device; or
75	(c)  Provide appropriate training in the use of the device
76	to an employee or agent of the acquirer when the employee or
77	agent was the person who used the device on the victim, except
78	that such requirement of training does not apply if:
79	1.  The employee or agent was not an employee or agent who
80	would have been reasonably expected to use the device; or
81	2.  The period of time elapsing between the engagement of
82	the person as an employee or agent and the occurrence of the
83	harm, or between the acquisition of the device and the
84	occurrence of the harm in any case in which the device was
85	acquired after engagement of the employee or agent, was not a
86	reasonably sufficient period in which to provide the training.
87	Section 4.  This act shall take effect July 1, 2007.

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