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A bill to be entitled

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An act relating to automated external defibrillators;

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amending s. 401.2915, F.S.; revising provisions relating

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to the maintenance of and training requirements for the

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use of automated external defibrillators; revising

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provisions encouraging notice to the local emergency

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medical services medical director; amending s. 768.1325,

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F.S.; revising requirements for civil immunity for the use

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or attempted use of a defibrillator on a victim of a

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perceived medical emergency; providing an effective date.

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

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     Section 1.  Subsection (2) of section 401.2915, Florida

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Statutes, is amended to read:

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     401.2915  Automated external defibrillators.--It is the

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intent of the Legislature that an automated external

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

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the life of another person in cardiac arrest. In order to achieve

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that goal, the Legislature intends to encourage training in

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lifesaving first aid and set standards for and encourage the use

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of automated external defibrillators.

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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 defibrillator

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are encouraged to must obtain appropriate training, to include

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completion of a course in cardiopulmonary resuscitation or

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successful completion of a basic first aid course that includes

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cardiopulmonary resuscitation training, and demonstrated

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proficiency in the use of an automated external 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 defibrillator

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shall activate the emergency medical services system as soon as

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possible upon use of the automated external defibrillator.

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     Section 2.  Subsections (3) and (4) of section 768.1325,

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Florida Statutes, are 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 any

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other provision of law to the contrary, and except as provided in

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subsection (4), any person who makes the device available

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

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association organized under chapter 617, chapter 718, chapter

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

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

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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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     (a)(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 device

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available acquirer when the employee or agent was the person who

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used the device on the victim, except that such requirement of

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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 who

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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 occurrence

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of the harm in any case in which the device was acquired after

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engagement of the employee or agent, was not a reasonably

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sufficient period in which to provide the training.

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     (4)  Immunity under subsection (3) does not apply to a

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person if:

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     (a)  The harm involved was caused by that person's willful

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or criminal misconduct, gross negligence, reckless disregard or

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misconduct, or a conscious, flagrant indifference to the rights

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or safety of the victim who was harmed;

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     (b)  The person is a licensed or certified health

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professional who used the automated external defibrillator device

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while acting within the scope of the license or certification of

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the professional and within the scope of the employment or agency

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of the professional;

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     (c)  The person is a hospital, clinic, or other entity whose

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primary purpose is providing health care directly to patients,

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and the harm was caused by an employee or agent of the entity who

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used the device while acting within the scope of the employment

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or agency of the employee or agent;

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     (d) The person who makes is an acquirer of the device

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available who leased the device to a health care entity, or who

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otherwise provided the device to such entity for compensation

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without selling the device to the entity, and the harm was caused

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by an employee or agent of the entity who used the device while

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acting within the scope of the employment or agency of the

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employee or agent; or

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     (e)  The person is the manufacturer of the device.

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     Section 3.  This act shall take effect July 1, 2008.