| 1 | The Business Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to automated external defibrillators; |
| 7 | amending s. 401.2915, F.S.; authorizing certain businesses |
| 8 | to have automated external defibrillators on their |
| 9 | premises; providing for training of employees in the |
| 10 | operation and maintenance thereof; providing immunity from |
| 11 | civil liability; amending s. 212.08, F.S.; providing an |
| 12 | exemption from the tax on sales, use, and other |
| 13 | transactions for automated external defibrillators |
| 14 | purchased by certain businesses; providing an effective |
| 15 | 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 | ensure public health and safety: |
| 26 | (1) All persons who use an automated external |
| 27 | defibrillator must obtain appropriate training, to include |
| 28 | completion of a course in cardiopulmonary resuscitation or |
| 29 | successful completion of a basic first aid course that includes |
| 30 | cardiopulmonary resuscitation training, and demonstrated |
| 31 | proficiency in the use of an automated external defibrillator.; |
| 32 | (2) Any person or entity in possession of an automated |
| 33 | external defibrillator is encouraged to register with the local |
| 34 | emergency medical services medical director the existence and |
| 35 | location of the automated external defibrillator.; and |
| 36 | (3) Any person who uses an automated external |
| 37 | defibrillator is required to activate the emergency medical |
| 38 | services system as soon as possible upon use of the automated |
| 39 | external defibrillator. |
| 40 | (4) Any business entity as defined in s. 606.03 may have |
| 41 | an automated external defibrillator on the premises and shall |
| 42 | ensure that employees are properly trained in the operation and |
| 43 | maintenance thereof. In lieu of subsection (1), training under |
| 44 | this subsection may be provided by the business using the |
| 45 | training materials provided by the manufacturer of the automated |
| 46 | external defibrillator. Authorized formats for such training |
| 47 | include printed instructions or VHS, DVD, CD-ROM, or on-line |
| 48 | training. The use of automated external defibrillators by |
| 49 | employees shall be covered under the provisions of ss. 768.13 |
| 50 | and 768.1325. |
| 51 | Section 2. Paragraph (ccc) is added to subsection (7) of |
| 52 | section 212.08, Florida Statutes, to read: |
| 53 | 212.08 Sales, rental, use, consumption, distribution, and |
| 54 | storage tax; specified exemptions.--The sale at retail, the |
| 55 | rental, the use, the consumption, the distribution, and the |
| 56 | storage to be used or consumed in this state of the following |
| 57 | are hereby specifically exempt from the tax imposed by this |
| 58 | chapter. |
| 59 | (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any |
| 60 | entity by this chapter do not inure to any transaction that is |
| 61 | otherwise taxable under this chapter when payment is made by a |
| 62 | representative or employee of the entity by any means, |
| 63 | including, but not limited to, cash, check, or credit card, even |
| 64 | when that representative or employee is subsequently reimbursed |
| 65 | by the entity. In addition, exemptions provided to any entity by |
| 66 | this subsection do not inure to any transaction that is |
| 67 | otherwise taxable under this chapter unless the entity has |
| 68 | obtained a sales tax exemption certificate from the department |
| 69 | or the entity obtains or provides other documentation as |
| 70 | required by the department. Eligible purchases or leases made |
| 71 | with such a certificate must be in strict compliance with this |
| 72 | subsection and departmental rules, and any person who makes an |
| 73 | exempt purchase with a certificate that is not in strict |
| 74 | compliance with this subsection and the rules is liable for and |
| 75 | shall pay the tax. The department may adopt rules to administer |
| 76 | this subsection. |
| 77 | (ccc) Automated external defibrillators.--The cost of an |
| 78 | automated external defibrillator purchased by a business entity |
| 79 | as defined in s. 606.03 is exempt from the tax imposed by this |
| 80 | chapter. |
| 81 | Section 3. This act shall take effect July 1, 2005. |