HB 739

1	A bill to be entitled
2	An act relating to automated external defibrillators;
3	amending s. 401.2915, F.S.; encouraging a person or
4	entity to notify the local public safety answering
5	point regarding the location of the defibrillator in
6	its possession; authorizing public safety
7	telecommunicators to contact owners of defibrillators
8	under certain circumstances involving coronary
9	emergency calls; requiring certain entities to notify
10	local emergency services medical directors of the
11	locations of automated external defibrillators;
12	requiring local emergency medical services medical
13	directors to maintain registries of certain automated
14	external defibrillator locations; amending s.
15	768.1326, F.S.; directing the State Surgeon General,
16	with the assistance of the Department of Management
17	Services, to adopt rules to establish guidelines for
18	the appropriate placement and deployment of automated
19	external defibrillators in places of public assembly;
20	providing a definition; providing exceptions;
21	clarifying the scope of the requirements of the act;
22	amending s. 1006.165, F.S.; requiring the placement of
23	an automated external defibrillator in each public
24	school in this state; requiring training of certain
25	persons; requiring registration of such devices with
26	local emergency medical services medical directors;
27	providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Section 401.2915, Florida Statutes, is amended
32	to read:
33	401.2915  Automated external defibrillators.-It is the
34	intent of the Legislature that an automated external
35	defibrillator may be used by a any person for the purpose of
36	saving the life of another person in cardiac arrest. In order to
37	achieve that goal, the Legislature intends to encourage training
38	in lifesaving first aid and set standards for and encourage the
39	use of automated external defibrillators.
40	(1)  As used in this section, the term:
41	(a)  "Automated external defibrillator" means a device as
42	defined in s. 768.1325(2)(b).
43	(b)  "Defibrillation" means the administration of a
44	controlled electrical charge to the heart to restore a viable
45	cardiac rhythm.
46	(2)  In order to promote public health and safety:
47	(a)  All persons who use an automated external
48	defibrillator are encouraged to obtain appropriate training, to
49	include completion of a course in cardiopulmonary resuscitation
50	or successful completion of a basic first aid course that
51	includes cardiopulmonary resuscitation training, and
52	demonstrated proficiency in the use of an automated external
53	defibrillator.
54	(b)  A Any person or entity in possession of an automated
55	external defibrillator is encouraged to notify the local
56	emergency medical services medical director or the local public
57	safety answering point, as defined in s. 365.172(3)(a), of the
58	location of the automated external defibrillator. The owner,
59	operator, or administrator responsible for a place of public
60	assembly, as defined in s. 768.1326, shall notify the local
61	emergency medical services medical director of the location of
62	any automated external defibrillators. The state agency
63	responsible for a building or portion of a building owned or
64	leased by the state shall notify the local emergency medical
65	services medical director of the location of any automated
66	external defibrillators. The local emergency medical services
67	medical director shall maintain a registry of these automated
68	external defibrillator locations.
69	(c)  A Any person who uses an automated external
70	defibrillator shall activate the emergency medical services
71	system as soon as possible upon use of the automated external
72	defibrillator.
73	(d)  Notwithstanding s. 365.171(12), a 911 public safety
74	telecommunicator, as defined in s. 401.465, may contact any
75	private person or entity who owns an automated external
76	defibrillator and has notified the local emergency medical
77	services medical director or public safety answering point of
78	such ownership if a confirmed coronary emergency call is taking
79	place and the location of the coronary emergency is within a
80	reasonable distance from the location of the defibrillator and
81	may provide the location of the coronary emergency to that
82	person or entity.
83	(3)  A Any person who intentionally or willfully:
84	(a)  Tampers with or otherwise renders an automated
85	external defibrillator inoperative, except during such time as
86	the automated external defibrillator is being serviced, tested,
87	repaired, recharged, or inspected or except pursuant to court
88	order; or
89	(b)  Obliterates the serial number on an automated external
90	defibrillator for purposes of falsifying service records,
91
92	commits a misdemeanor of the first degree, punishable as
93	provided in s. 775.082 or s. 775.083. Paragraph (a) does not
94	apply to the owner of the automated external defibrillator or
95	the owner's authorized representative or agent.
96	(4)  Each local and state law enforcement vehicle may carry
97	an automated external defibrillator.
98	Section 2.  Section 768.1326, Florida Statutes, is amended
99	to read:
100	768.1326  Placement of automated external defibrillators in
101	state buildings and places of public assembly; rulemaking
102	authority.-
103	(1)  No later than January 1, 2003, The State Surgeon
104	General shall adopt rules to establish guidelines on the
105	appropriate placement of automated external defibrillator
106	devices in buildings or portions of buildings owned or leased by
107	the state and places of public assembly, and shall establish, by
108	rule, recommendations on procedures for the deployment of
109	automated external defibrillator devices in such buildings and
110	places of public assembly in accordance with the guidelines. The
111	Secretary of Management Services shall assist the State Surgeon
112	General in the development of the guidelines. The guidelines for
113	the placement of the automated external defibrillators shall
114	take into account the typical number of employees and visitors
115	in the building or place of public assembly buildings, the
116	extent of the need for security measures regarding the building
117	or place of public assembly buildings, special circumstances in
118	the building or a portion of the building buildings or portions
119	of buildings such as high electrical voltages or extreme heat or
120	cold, and such other factors as the State Surgeon General and
121	Secretary of Management Services determine to be appropriate. As
122	used in this section, the term "place of public assembly" means
123	an educational facility used as an emergency shelter or a
124	location that has a seating capacity of at least 1,000 people
125	and includes, but is not limited to, any stadium, ballpark,
126	gymnasium, field house, arena, civic center, or similar facility
127	used for the conduct of sporting events and any concert hall,
128	recital hall, theater, indoor or outdoor amphitheatre, or other
129	auditorium used for the presentation of musical performances or
130	concerts. The term does not include any church, synagogue, or
131	other not-for-profit religious organization or any public
132	association or public library. The State Surgeon General's
133	recommendations for deployment of automated external
134	defibrillators in buildings or portions of buildings owned or
135	leased by the state or in places of public assembly shall
136	include:
137	(a)(1)  A reference list of appropriate training courses in
138	the use of such devices, including the role of cardiopulmonary
139	resuscitation;
140	(b)(2)  The extent to which such devices may be used by
141	laypersons;
142	(c)(3)  Manufacturer recommended maintenance and testing of
143	the devices; and
144	(d)(4)  Coordination with local emergency medical services
145	systems regarding registration of automated external
146	defibrillators and documentation of the incidents of use of the
147	devices.
148
149	In formulating these guidelines and recommendations, the State
150	Surgeon General may consult with all appropriate public and
151	private entities, including national and local public health
152	organizations that seek to improve the survival rates of
153	individuals who experience cardiac arrest.
154	(2)  This section does not:
155	(a)  Prohibit a county or municipal government from
156	enacting, implementing, and enforcing any local ordinance that
157	expands the requirements of this section for the placement of
158	automated external defibrillators in a place of public assembly;
159	(b)  Mandate the placement of any automated external
160	defibrillator in any place of public assembly; or
161	(c)  Authorize the adoption of rules, guidelines, or
162	recommendations that would establish any legal standard of care
163	in civil actions.
164	Section 3.  Section 1006.165, Florida Statutes, is amended
165	to read:
166	1006.165  Automated external defibrillator; user training.-
167	(1)  Each public school in this state that is a member of
168	the Florida High School Athletic Association must have an
169	operational automated external defibrillator on the school
170	grounds. Public and private partnerships are encouraged to cover
171	the cost associated with the purchase and placement of the
172	defibrillator and training in the use of the defibrillator.
173	(2)  Each school must ensure that all employees or
174	volunteers who are reasonably expected to use the device obtain
175	appropriate training, including completion of a course in
176	cardiopulmonary resuscitation or a basic first aid course that
177	includes cardiopulmonary resuscitation training, and
178	demonstrated proficiency in the use of an automated external
179	defibrillator.
180	(3)  The location of each automated external defibrillator
181	must be registered with a local emergency medical services
182	medical director.
183	(4)  The use of automated external defibrillators by
184	employees and volunteers is covered under ss. 768.13 and
185	768.1325.
186	Section 4.  This act shall take effect July 1, 2012.

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