HB 1355

1	A bill to be entitled
2	An act relating to automated external defibrillators;
3	amending s. 401.2915, F.S.; requiring certain entities to
4	notify local emergency services medical directors of the
5	locations of automated external defibrillators; requiring
6	local emergency medical services medical directors to
7	maintain registries of certain automated external
8	defibrillator locations; amending s. 768.1326, F.S.;
9	directing the State Surgeon General, with the assistance
10	of the Department of Management Services, to adopt rules
11	to establish guidelines for the appropriate placement and
12	deployment of automated external defibrillators in places
13	of public assembly; providing a definition; providing
14	exceptions; providing for training and maintenance;
15	providing for immunity from liability under the Good
16	Samaritan Act and the Cardiac Arrest Survival Act;
17	providing for application to local ordinances; providing
18	an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 401.2915, Florida Statutes, is amended
23	to read:
24	401.2915  Automated external defibrillators.-It is the
25	intent of the Legislature that an automated external
26	defibrillator may be used by any person for the purpose of
27	saving the life of another person in cardiac arrest. In order to
28	achieve that goal, the Legislature intends to encourage training
29	in lifesaving first aid and set standards for and encourage the
30	use of automated external defibrillators.
31	(1)  As used in this section, the term:
32	(a)  "Automated external defibrillator" means a device as
33	defined in s. 768.1325(2)(b).
34	(b)  "Defibrillation" means the administration of a
35	controlled electrical charge to the heart to restore a viable
36	cardiac rhythm.
37	(2)  In order to promote public health and safety:
38	(a)  All persons who use an automated external
39	defibrillator are encouraged to obtain appropriate training, to
40	include completion of a course in cardiopulmonary resuscitation
41	or successful completion of a basic first aid course that
42	includes cardiopulmonary resuscitation training, and
43	demonstrated proficiency in the use of an automated external
44	defibrillator.
45	(b)  Any person or entity in possession of an automated
46	external defibrillator is encouraged to notify the local
47	emergency medical services medical director of the location of
48	the automated external defibrillator. The owner, operator, or
49	administrator responsible for a place of public assembly, as
50	defined in s. 768.1326, shall notify the local emergency medical
51	services medical director of the location of the automated
52	external defibrillator. The state agency responsible for a
53	building or portion of a building owned or leased by the state
54	shall notify the local emergency medical services medical
55	director of the location of the automated external
56	defibrillator. The local emergency medical services medical
57	director shall maintain a registry of these automated external
58	defibrillator locations.
59	(c)  Any person who uses an automated external
60	defibrillator shall activate the emergency medical services
61	system as soon as possible upon use of the automated external
62	defibrillator.
63	(3)  Any person who intentionally or willfully:
64	(a)  Tampers with or otherwise renders an automated
65	external defibrillator inoperative, except during such time as
66	the automated external defibrillator is being serviced, tested,
67	repaired, recharged, or inspected or except pursuant to court
68	order; or
69	(b)  Obliterates the serial number on an automated external
70	defibrillator for purposes of falsifying service records,
71
72	commits a misdemeanor of the first degree, punishable as
73	provided in s. 775.082 or s. 775.083. Paragraph (a) does not
74	apply to the owner of the automated external defibrillator or
75	the owner's authorized representative or agent.
76	(4)  Each local and state law enforcement vehicle may carry
77	an automated external defibrillator.
78	Section 2.  Section 768.1326, Florida Statutes, is amended
79	to read:
80	768.1326  Placement of automated external defibrillators in
81	state buildings and places of public assembly; rulemaking
82	authority.-
83	(1)  No later than January 1, 2003, The State Surgeon
84	General shall adopt rules to establish guidelines on the
85	appropriate placement of automated external defibrillator
86	devices in buildings or portions of buildings owned or leased by
87	the state and in places of public assembly, and shall establish,
88	by rule, recommendations on procedures for the deployment of
89	automated external defibrillator devices in such buildings and
90	places of public assembly in accordance with the guidelines. The
91	Secretary of Management Services shall assist the State Surgeon
92	General in the development of the guidelines. The guidelines for
93	the placement of the automated external defibrillators shall
94	take into account the typical number of employees and visitors
95	in the building or place of public assembly buildings, the
96	extent of the need for security measures regarding the building
97	or place of public assembly buildings, special circumstances in
98	the building or a portion of the building buildings or portions
99	of buildings such as high electrical voltages or extreme heat or
100	cold, and such other factors as the State Surgeon General and
101	Secretary of Management Services determine to be appropriate.
102	For purposes of this section, the term "place of public
103	assembly" means a location with a seating capacity of at least
104	1,000 people and includes, but is not limited to, any stadium,
105	ballpark, gymnasium, field house, arena, civic center, or
106	similar facility used for the conduct of sporting events and any
107	concert hall, recital hall, theater, indoor or outdoor
108	amphitheatre, or other auditorium used for the presentation of
109	musical performances or concerts. The term does not include any
110	church, synagogue, or other not-for-profit religious
111	organization or any public association or public library. The
112	State Surgeon General's recommendations for deployment of
113	automated external defibrillators in buildings or portions of
114	buildings owned or leased by the state or in places of public
115	assembly shall include:
116	(a)(1)  A reference list of appropriate training courses in
117	the use of such devices, including the role of cardiopulmonary
118	resuscitation;
119	(b)(2)  The extent to which such devices may be used by
120	laypersons;
121	(c)(3)  Manufacturer recommended maintenance and testing of
122	the devices; and
123	(d)(4)  Coordination with local emergency medical services
124	systems regarding registration of automated external
125	defibrillators and documentation of the incidents of use of the
126	devices.
127
128	In formulating these guidelines and recommendations, the State
129	Surgeon General may consult with all appropriate public and
130	private entities, including national and local public health
131	organizations that seek to improve the survival rates of
132	individuals who experience cardiac arrest.
133	(2)  Whenever a place of public assembly is used for
134	publicly or privately sponsored events or activities, the
135	owners, operators, or administrators responsible for the place
136	of public assembly shall require the presence of at least one
137	employee or volunteer who is trained in accordance with s.
138	401.2915 in the operation and use of an automated external
139	defibrillator.
140	(3)  The use of an automated external defibrillator by an
141	employee or a volunteer under this section is covered under ss.
142	768.13 and 768.1325.
143	(4)  This section may not be construed to prohibit a county
144	or municipal government from enacting, implementing, and
145	enforcing any local ordinance that expands the requirements of
146	this section for the placement of automated external
147	defibrillators in a place of pubic assembly.
148	Section 3.  This act shall take effect July 1, 2010.

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