November 14, 2019
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       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.

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