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The Committee on Health Regulation (Jones) recommended the

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following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 21 through 42 and insert:

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     (2) In order to promote ensure public health and safety:

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     (a)  All persons who use an automated external

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defibrillator are encouraged to must obtain appropriate

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training, to include completion of a course in cardiopulmonary

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resuscitation or successful completion of a basic first aid

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course that includes cardiopulmonary resuscitation training, and

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demonstrated proficiency in the use of an automated external

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defibrillator.

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(b)  Any person or entity in possession of an automated

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external defibrillator is encouraged to notify register with the

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local emergency medical services medical director of the

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existence and location of the automated external defibrillator.

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(c)  Any person who uses an automated external

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defibrillator shall activate the emergency medical services

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system as soon as possible upon use of the automated external

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defibrillator.

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Section 2.  Subsection (3) of section 768.1325, Florida

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Statutes, is amended to read:

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768.1325  Cardiac Arrest Survival Act; immunity from civil

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liability.--

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(3)  Notwithstanding any other provision of law to the

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contrary, and except as provided in subsection (4), any person

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who uses or attempts to use an automated external defibrillator

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device on a victim of a perceived medical emergency, without

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objection of the victim of the perceived medical emergency, is  

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immune from civil liability for any harm resulting from the use  

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or attempted use of such device. In addition, notwithstanding

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any other provision of law to the contrary, and except as

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provided in subsection (4), any person who makes the device

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available acquired the device, including, but not limited to, a

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community association organized under chapter 617, chapter 718,

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chapter 719, chapter 720, chapter 721, or chapter 723, is immune

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from such liability, if the harm was not due to the failure of

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such person acquirer of the device to:

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(a) Notify the local emergency medical services medical

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director of the most recent placement of the device within a

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reasonable period of time after the device was placed;

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(b) Properly maintain and test the device; or

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(b)(c) Provide appropriate training in the use of the

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device to an employee or agent of the person who makes the

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device available acquirer when the employee or agent was the

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person who used the device on the victim, except that such

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requirement of training does not apply if:

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1. The device is equipped with audible, visual, or written

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instructions on its use, including the posting of visual or

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written instructions on or adjacent to the device.

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2.1. The employee or agent was not an employee or agent

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who would have been reasonably expected to use the device; or

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3.2. The period of time elapsing between the engagement of

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the person as an employee or agent and the occurrence of the

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harm, or between the acquisition of the device and the

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occurrence of the harm in any case in which the device was

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acquired after engagement of the employee or agent, was not a

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reasonably sufficient period in which to provide the training.

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Redesignate subsequent sections.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 7 through 8 and insert:

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medical services medical director; amending s. 768.1325, F.S.;

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revising requirements for civil immunity for use or attempted

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use of a defibrillator on a victim of a perceived medical

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emergency; providing an effective date.

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2/6/2008  8:35:00 AM     588-03991-08