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 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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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 |
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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 |
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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. |