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Florida AED Laws

Florida laws and statutes pertaining to AEDs and defibrillators can be found below for programs residing in the state. 

As you'll see, Florida actually has quite a bit of laws pertaining to automated external defibrillators and is one of the strictest states in the country. 

For your convenience, you'll find statutes and codes of particular importance highlighted in red. Whereas we recommend familiarizing yourself with all of the laws regarding AEDs, these particular codes you'll want to make sure your AED program is well aware of. 

Having trouble understanding the information below or looking for feedback on your AED program? No worries – we completely understand. Simply get in touch with us and any one of our team members will be more than happy to assist you in your AED program. 



FLORIDA AED LAWS + STATUTES


Florida Statutes § 768.1325

Cardiac Arrest Survival Act; immunity from civil liability.


(1) This section may be cited as the "Cardiac Arrest Survival Act."


(2) As used in this section:


(a) "Perceived medical emergency" means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual.


(b) "Automated external defibrillator device" means a lifesaving defibrillator device that:


1. Is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act.


2. Is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed.


3. Upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual.


(c) "Harm" means damage or loss of any and all types, including, but not limited to, physical, nonphysical, economic, noneconomic, actual, compensatory, consequential, incidental, and punitive damages or losses.


(3) Notwithstanding any other provision of law to the contrary, and except as provided in subsection (4), any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, without objection of the victim of the perceived medical emergency, is immune from civil liability for any harm resulting from the use or attempted use of such device. In addition, notwithstanding any other provision of law to the contrary, and except as provided in subsection (4), any person who acquired the device and makes it available for use, including, but not limited to, a community association organized under chapter 617, chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723, is immune from such liability, if the harm was not due to the failure of such person to:


(a) Properly maintain and test the device; or


(b) Provide appropriate training in the use of the device to an employee or agent of the acquirer when the employee or agent was the person who used the device on the victim, except that such requirement of training does not apply if:


1. The device is equipped with audible, visual, or written instructions on its use, including any such visual or written instructions posted on or adjacent to the device;


2. The employee or agent was not an employee or agent who would have been reasonably expected to use the device; or


3. The period of time elapsing between the engagement of the person as an employee or agent and the occurrence of the harm, or between the acquisition of the device and the occurrence of the harm in any case in which the device was acquired after engagement of the employee or agent, was not a reasonably sufficient period in which to provide the training.


(4) Immunity under subsection (3) does not apply to a person if:


(a) The harm involved was caused by that person's willful or criminal misconduct, gross negligence, reckless disregard or misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed;


(b) The person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional;


(c) The person is a hospital, clinic, or other entity whose primary purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent;


(d) The person is an acquirer of the device who leased the device to a health care entity, or who otherwise provided the device to such entity for compensation without selling the device to the entity, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or


(e) The person is the manufacturer of the device.


(5) This section does not establish any cause of action. This section does not require that an automated external defibrillator device be placed at any building or other location or require an acquirer to make available on its premises one or more employees or agents trained in the use of the device.


(6) An insurer may not require an acquirer of an automated external defibrillator device which is a community association organized under chapter 617, chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723 to purchase medical malpractice liability coverage as a condition of issuing any other coverage carried by the association, and an insurer may not exclude damages resulting from the use of an automated external defibrillator device from coverage under a general liability policy issued to an association.


Florida Statutes § 401.2915

It is the intent of the Legislature that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to achieve that goal, the Legislature intends to encourage training in lifesaving first aid and set standards for and encourage the use of automated external defibrillators.


(1) As used in this section, the term:


(a) "Automated external defibrillator" means a device as defined in s. 768.1325(2)(b).


(b) "Defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm.


(2) In order to promote public health and safety:


(a) All persons who use an automated external defibrillator are encouraged to obtain appropriate training, to include completion of a course in cardiopulmonary resuscitation or successful completion of a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.


(b) Any person or entity in possession of an automated external defibrillator is encouraged to notify the local emergency medical services medical director of the location of the automated external defibrillator.


(c) Any person who uses an automated external defibrillator shall activate the emergency medical services system as soon as possible upon use of the automated external defibrillator.


(3) Any person who intentionally or willfully:


(a) Tampers with or otherwise renders an automated external defibrillator inoperative, except during such time as the automated external defibrillator is being serviced, tested, repaired, recharged, or inspected or except pursuant to court order; or


(b) Obliterates the serial number on an automated external defibrillator for purposes of falsifying service records, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Paragraph (a) does not apply to the owner of the automated external defibrillator or the owner's authorized representative or agent.


(4) Each local and state law enforcement vehicle may carry an automated external defibrillator.


Florida Statutes § 258.0165

Defibrillators in state parks. 

(1) Each state park is encouraged to have on the premises at all times a functioning automated external defibrillator.


(2) State parks that provide automated external defibrillators shall ensure that employees and volunteers are properly trained in accordance with s. 401.2915.


(3) The location of each automated external defibrillator shall be registered with a local emergency medical services medical director.


(4) The use of automated external defibrillators by employees and volunteers shall be covered under the provisions of ss. 768.13 and 768.1325.


(5) The Division of Recreation and Parks may adopt rules pursuant to ss.120.536(1) and 120.54 to implement the provisions of this section.


Florida Statutes § 1006.165

(1) Each public school that is a member of the Florida High School Athletic Association must have an operational automated external defibrillator on the school grounds. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator.


(2) Each school must ensure that all employees or volunteers who are reasonably expected to use the device obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.


(3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director.


(4) The use of automated external defibrillators by employees and volunteers is covered under §§ 768.13 and 768.1325, Florida Statutes.


Florida Administrative Code § 64B5-17.015

As part of the minimum standard of care, every dental office location shall be required to have an automatic external defibrillator by February 28, 2006. Any dentist practicing after February 28, 2006, without an automatic external defibrillator on site shall be considered to be practicing below the minimum standard of care.


Florida Administrative Code § 64J-1.023

64E-2.039. Guidelines for Automated External Defibrillators (AED) in State Owned or Leased Facilities.


(1) Management of any state owned or leased facilities considering the placement of AEDs should seek cooperation of facility personnel and local training, medical, and emergency response resources.


(2) An AED is obtained by a prescription from a licensed physician. The prescription must accompany the order for the AED.


(3) Several elements should be considered to determine the appropriate number, placement, and access system for AEDs. Facility managers should consider:


(a) Physician oversight provided by either a facility's medical staff or contracted through a designated physician. A physician should be involved as a consultant in all aspects of the program.


(b) Response Time: The optimal response time is 3 minutes or less. This interval begins from the moment a person is identified as needing emergency care to when the AED is at the side of the victim. Survival rates decrease by 7 to 10 percent for every minute that defibrillation is delayed.


(c) Lay Responder or Rescuer Training.


1. Pursuant to Section 401.2915(1), F.S., all persons who use an AED shall have the required training.


2. Overall effectiveness of AEDs shall be improved as the number of trained personnel increases. Where possible, facility managers should establish in-house training programs on a routine basis.


3. Cardiopulmonary resuscitation and AED training can be obtained from a nationally recognized organization.


4. In addition to training on use of the AED, it is important for lay responders or rescuers to be trained on the maintenance and operation of the specific AED model in the facility.


5. Training is not a one-time event and formal refresher training should be conducted at least every 2 years. Computer-based programs and video teaching materials permit more frequent review. Facility management should make periodic contact with a training entity to assure that advances in techniques and care are incorporated into their program. In addition to formal annual recertification, mock drills and practice sessions are important to maintain current knowledge and a reasonable comfort level by lay responders or rescuers. The intervals for conducting these exercises should be established in consultation with the physician providing medical oversight.


(d) Demographics of the Facility's Workforce: Management should examine the make up of the resident workforce and consider the age profile of workers. Facilities hosting large numbers of visitors are more likely to experience an event, and an appraisal of the demographics of visitors should be included in an assessment. Facilities where strenuous work is conducted are more likely to experience an event. Specialty areas within facilities such as exercise and work out rooms should be considered to have a higher risk of an event than areas where there is minimal physical activity.


(e) Physical Layout of Facility: Response time should be calculated based upon how long it will take for a lay responder or rescuer with an AED and walking at a rapid pace to reach a victim. Large facilities and buildings with unusual designs, elevators, campuses with several separate buildings, and physical impediments all present unique challenges. In some larger facilities, it may be necessary to incorporate the use of properly equipped "golf cart" style conveyances to accommodate time and distance conditions.


(f) Suggestions for proper placement of AEDs:


1. A secure location that prevents or minimizes the potential for tampering, theft, and/or misuse, and precludes access by unauthorized users.


2. An easily accessible position (e.g., placed at a height so those shorter individuals can reach and remove, unobstructed access). 


3. A location that is well marked, publicized, and known among trained staff. Periodic "tours" of locations are recommended. 


4. A nearby telephone that can be used to call backup, security, or 911.


5. Written protocols addressing procedures for activating the local emergency medical services system. These protocols should include notification of EMS personnel of the quantity, brands, and locations of AEDs within the facility.


6. Equipment stored in a manner whereby the removal of the AED automatically notifies security, EMS, or a central control center. If such automatic notification is not possible, emphasis should be placed on notification procedures and equipment placement in close proximity to a telephone.


(g) It is recommended that additional items necessary for a successful rescue be placed in a bag and be stored with the AED. Following are items that may be necessary for successful utilization of the AED:


1. Simplified directions for CPR and use of the AED. 
 

2. Non-latex protective gloves. 
 

3. Appropriate sizes of CPR face masks with detachable mouthpieces, plastic or silicone face shields, one-way valves, or other type of barrier device that can be used in mouth to mouth resuscitation. 


4. Pair of medium sized bandages. 

 
5. Spare battery and electrode pads. 
 

6. Two biohazard or medical waste plastic bags. 


7. Pad of paper and pen for writing. 


8. Absorbent towel.


Florida Administrative Code § 768.1326

No later than January 1, 2003, the State Surgeon General shall adopt rules to establish guidelines on the appropriate placement of automated external defibrillator devices in buildings or portions of buildings owned or leased by the state, and shall establish, by rule, recommendations on procedures for the deployment of automated external defibrillator devices in such buildings in accordance with the guidelines. The Secretary of Management Services shall assist the State Surgeon General in the development of the guidelines. The guidelines for the placement of the automated external defibrillators shall take into account the typical number of employees and visitors in the buildings, the extent of the need for security measures regarding the buildings, special circumstances in buildings or portions of buildings such as high electrical voltages or extreme heat or cold, and such other factors as the State Surgeon General and Secretary of Management Services determine to be appropriate. The State Surgeon General's recommendations for deployment of automated external defibrillators in buildings or portions of buildings owned or leased by the state shall include:


(1) A reference list of appropriate training courses in the use of such devices, including the role of cardiopulmonary resuscitation;


(2) The extent to which such devices may be used by laypersons;


(3) Manufacturer recommended maintenance and testing of the devices; and 
 

(4) Coordination with local emergency medical services systems regarding the incidents of use of the devices.


In formulating these guidelines and recommendations, the State Surgeon General may consult with all appropriate public and private entities, including national and local public health organizations that seek to improve the survival rates of individuals who experience cardiac arrest.


Section 401.2915, Florida Statutes, is amended to read:


401.2915 Automated external defibrillators.


It is the intent of the Legislature that an automated external defibrillator may be used by a person for the purpose of saving the life of another person in cardiac arrest. In order to achieve that goal, the Legislature intends to encourage training in lifesaving first aid and set standards for and encourage the use of automated external defibrillators.


(1) As used in this section, the term:


(a) “Automated external defibrillator” means a device as defined in s. 768.1325(2)(b). 


(b) “Defibrillation” means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm.


(2) In order to promote public health and safety:


(a) All persons who use an automated external defibrillator are encouraged to obtain appropriate training, to include completion of a course in cardiopulmonary resuscitation or successful completion of a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator. 


(b) A person or entity in possession of an automated external defibrillator is encourages to notify the local emergency medical services medical director or the local safety answering point, as defined in s. 365.172(3)(a), of the location of the automated external defibrillator. The owner, operator, or administrator responsible for a place of public assembly, as defined in s. 768.1326, shall notify the local emergency medical services director of the location of any automated external defibrillators. The state agency responsible for a building or portion of a building owned or leased by the state shall notify the local emergency medical services medical director of the location of any automated external defibrillators. The local emergency medical services medical director shall maintain a registry of these automated external defibrillators locations.


(c) A person who uses an automated external defibrillator shall activate the emergency medical services system as soon as possible upon use of the automated external defibrillator.


(d) Notwithstanding s. 365.171(12), a 911 public safety telecommunicator, as defined in s. 401.465, may contact any private person or entity who owns an automated external defibrillator and has notified the local emergency medical services medical director or public safety answering point of such ownership if a confirmed coronary emergency call is taking place and the location of the coronary emergency is within a reasonable distance from the location of the defibrillator and may provide the location of the coronary emergency to the person or entity.


(3) A person who intentionally or willfully:


(a) Tampers with or otherwise renders an automated external defibrillator inoperative, except during such time as the automated external defibrillator is being serviced, tested, repaired, recharged, or inspected or except pursuant to court order; or


(b) Obliterates the serial number on an automated external defibrillator for purposes of falsifying service records, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Paragraph (a) does not apply to the owner of the automated external defibrillator or the owner’s authorized representative or agent.


(4) Each local and state law enforcement vehicle may carry an automated external defibrillator.


Section 768.1326, Florida Statutes is amended to read:

768.1326 Placement of automated external defibrillators in state buildings and places of public assemble; rule making authority.


(1) The state Surgeon General shall adopt rules to establish guidelines on the appropriate placement of automated external defibrillator devices in buildings or portions of buildings owned or leased by the state and places of public assembly, and shall establish, by rule, recommendations on procedures for the deployment of automated external defibrillator devices in such buildings and places of public assembly in accordance with the guidelines. The Secretary of Management Services shall assist the State Surgeon General in the development of the guidelines. The guidelines for the placement of the automated external defibrillators shall take into account the typical number of employees and visitors in the building or place of public assembly, the extent of the need for security measures regarding the building or place of public assembly, special circumstances in the building or a portion of the building such as high electrical voltage or extreme heat or cold, and such other factors as the State Surgeon General and Secretary of Management Services determine to be appropriate. As used in this section, the term “place of public assembly” means an educational facility used as an emergency shelter or a location that has a seating capacity of at least 1,000 people and includes, but is not limited to, any stadium, ballpark, gymnasium, field house, arena, civic center, or similar facility used for the conduct of sporting events and any concert hall, recital hall, theater, indoor or outdoor amphitheatre, or other auditorium used for the presentation of musical performances or concerts. The term does not include any church, synagogue, or other not-for-profit religious organization or any public association or public library. The State Surgeon General’s recommendations for deployment of automated external defibrillators in buildings or portions of buildings owned or leased by the state or in places of public assembly shall include:


(a) A reference list of appropriate training courses in the use of such devices, including the role of cardiopulmonary resuscitation;


(b) The extent to which such devices may be used by laypersons;


(c) Manufactures recommended maintenance and testing of the devices; and


(d) Coordination with local emergency medical services systems regarding registration of automated external defibrillators and documentation of the incidents of use of the devices. In formulating these guidelines and recommendations, the State Surgeon General may consult with all appropriate public and private entities, including national and local public health organizations that seek to improve the survival rates of the individuals who experience cardiac arrest.


(2) This section does not:


(a) Prohibit a county or municipal government from enacting, implementing, and enforcing any local ordinance that expands the requirement of this section for the placement of automated external defibrillators in a place of public assembly;


(b) Mandate the placement of any automated external defibrillator in any place of public assembly; or


(c) Authorize the adoption of rules, guidelines, or recommendations that would establish any legal standard of care in civil actions.


Section 1006.165, Florida Statues, is amended to read:

1006.165 Automated external defibrillator; user training.


(1) Each public school in this state must have an operational automated external defibrillator on the school grounds. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator.


(2) Each school must ensure that all employees or volunteers who are reasonably expected to use the device obtain appropriate training, including completion of a course in cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.


(3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director.


(4) The use of automated external defibrillators by employees and volunteers is covered under ss. 768.13 and 768.1325.


Section 1. Subsection (12) of section 365.171 Florida Statutes is amended to read:

(b) Notwithstanding paragraph (a), a 911 public safety telecommunicator, as defined in s. 401.465, may contact any private person or entity that owns an automated external defibrillator who has notified the local emergency medical services medical director or public safety answering point of such ownership if a confirmed coronary emergency call is taking place and the location of the coronary emergency is within a reasonable distance from the location of the defibrillator, and may provide the location of the coronary emergency to that person or entity.


Section 3. Paragraph (b) of subsection (2) of section 401.2915, Florida Statutes, is amended to read:


401.2915 Automated external defibrillators. – It is the intent of the Legislature that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to achieve that goal, the Legislature intends to encourage training in lifesaving first aid and set standards for and encourage the use of automated external defibrillators.


(2) In order to promote public health and safety:


(b) Any person or entity in possession of an automated external defibrillator is encouraged to notify the local emergency medical services medical director or the local safety answering point, as defined in s. 365172(3), of the location of the automated external defibrillator.
 
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