Florida Senate - 2010 SB 2556
By Senator Altman
24-01950A-10 20102556__
1 A bill to be entitled
2 An act relating to automated external defibrillators;
3 amending s. 401.2915, F.S.; requiring certain entities
4 to notify local emergency services medical directors
5 of the locations of automated external defibrillators;
6 requiring local emergency medical services medical
7 directors to maintain registries of certain automated
8 external defibrillator locations; amending s.
9 768.1326, F.S.; directing the State Surgeon General,
10 with the assistance of the Department of Management
11 Services, to adopt rules to establish guidelines for
12 the appropriate placement and deployment of automated
13 external defibrillators in places of public assembly;
14 providing a definition; providing exceptions;
15 providing for training and maintenance; providing for
16 immunity from liability under the Good Samaritan Act
17 and the Cardiac Arrest Survival Act; providing for
18 application to local ordinances; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 401.2915, Florida Statutes, is amended
24 to read:
25 401.2915 Automated external defibrillators.—It is the
26 intent of the Legislature that an automated external
27 defibrillator may be used by any person for the purpose of
28 saving the life of another person in cardiac arrest. In order to
29 achieve that goal, the Legislature intends to encourage training
30 in lifesaving first aid and set standards for and encourage the
31 use of automated external defibrillators.
32 (1) As used in this section, the term:
33 (a) “Automated external defibrillator” means a device as
34 defined in s. 768.1325(2)(b).
35 (b) “Defibrillation” means the administration of a
36 controlled electrical charge to the heart to restore a viable
37 cardiac rhythm.
38 (2) In order to promote public health and safety:
39 (a) All persons who use an automated external defibrillator
40 are encouraged to obtain appropriate training, to include
41 completion of a course in cardiopulmonary resuscitation or
42 successful completion of a basic first aid course that includes
43 cardiopulmonary resuscitation training, and demonstrated
44 proficiency in the use of an automated external 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 defibrillator
60 shall activate the emergency medical services system as soon as
61 possible upon use of the automated external defibrillator.
62 (3) Any person who intentionally or willfully:
63 (a) Tampers with or otherwise renders an automated external
64 defibrillator inoperative, except during such time as the
65 automated external defibrillator is being serviced, tested,
66 repaired, recharged, or inspected or except pursuant to court
67 order; or
68 (b) Obliterates the serial number on an automated external
69 defibrillator for purposes of falsifying service records,
70
71 commits a misdemeanor of the first degree, punishable as
72 provided in s. 775.082 or s. 775.083. Paragraph (a) does not
73 apply to the owner of the automated external defibrillator or
74 the owner’s authorized representative or agent.
75 (4) Each local and state law enforcement vehicle may carry
76 an automated external defibrillator.
77 Section 2. Section 768.1326, Florida Statutes, is amended
78 to read:
79 768.1326 Placement of automated external defibrillators in
80 state buildings and places of public assembly; rulemaking
81 authority.—
82 (1) No later than January 1, 2003, The State Surgeon
83 General shall adopt rules to establish guidelines on the
84 appropriate placement of automated external defibrillator
85 devices in buildings or portions of buildings owned or leased by
86 the state and in places of public assembly, and shall establish,
87 by rule, recommendations on procedures for the deployment of
88 automated external defibrillator devices in such buildings and
89 places of public assembly in accordance with the guidelines. The
90 Secretary of Management Services shall assist the State Surgeon
91 General in the development of the guidelines. The guidelines for
92 the placement of the automated external defibrillators shall
93 take into account the typical number of employees and visitors
94 in the building or place of public assembly buildings, the
95 extent of the need for security measures regarding the building
96 or place of public assembly buildings, special circumstances in
97 the building or a portion of the building buildings or portions
98 of buildings such as high electrical voltages or extreme heat or
99 cold, and such other factors as the State Surgeon General and
100 Secretary of Management Services determine to be appropriate.
101 For purposes of this section, the term “place of public
102 assembly” means a location with a seating capacity of at least
103 1,000 people and includes, but is not limited to, any stadium,
104 ballpark, gymnasium, field house, arena, civic center, or
105 similar facility used for the conduct of sporting events and any
106 concert hall, recital hall, theater, indoor or outdoor
107 amphitheatre, or other auditorium used for the presentation of
108 musical performances or concerts. The term does not include any
109 church, synagogue, or other not-for-profit religious
110 organization or any public association or public library. The
111 State Surgeon General’s recommendations for deployment of
112 automated external defibrillators in buildings or portions of
113 buildings owned or leased by the state or in places of public
114 assembly shall include:
115 (a)(1) A reference list of appropriate training courses in
116 the use of such devices, including the role of cardiopulmonary
117 resuscitation;
118 (b)(2) The extent to which such devices may be used by
119 laypersons;
120 (c)(3) Manufacturer recommended maintenance and testing of
121 the devices; and
122 (d)(4) Coordination with local emergency medical services
123 systems regarding registration of automated external
124 defibrillators and documentation of the incidents of use of the
125 devices.
126
127 In formulating these guidelines and recommendations, the State
128 Surgeon General may consult with all appropriate public and
129 private entities, including national and local public health
130 organizations that seek to improve the survival rates of
131 individuals who experience cardiac arrest.
132 (2) Whenever a place of public assembly is used for
133 publicly or privately sponsored events or activities, the
134 owners, operators, or administrators responsible for the place
135 of public assembly shall require the presence of at least one
136 employee or volunteer who is trained in accordance with s.
137 401.2915 in the operation and use of an automated external
138 defibrillator.
139 (3) The use of an automated external defibrillator by an
140 employee or a volunteer under this section is covered under ss.
141 768.13 and 768.1325.
142 (4) This section may not be construed to prohibit a county
143 or municipal government from enacting, implementing, and
144 enforcing any local ordinance that expands the requirements of
145 this section for the placement of automated external
146 defibrillators in a place of pubic assembly.
147 Section 3. This act shall take effect July 1, 2010.