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

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