Agenda 04/08/2008 Item #16F 1
Agenda Item No. 16F1
April 8, 2008
Page 1 of 7
EXECUTIVES~Y
RECOMMENDATION TO PROVIDE EMS STAFF DIRECTION TO RESEARCH AND PROPOSE
AMENDMENTS TO SECTION 50-104 OF THE CODE OF LAWS AND ORDINANCES OF
COLLIER COUNTY, FLORIDA KNOWN AS THE COMMUNITY AUTOMATED EXTERNAL
DEFIBRILLATOR (AED) ORDINANCE.
OBJECTIVE: For the Board of County Commissioners to provide staff direction to research and propose
amendments to the AED Ordinance which promotes and encourages participation in a Community
Automated External Defibrillator (AED) Program.
CONSIDERATIONS: ~ 401.2915, Fla. Stat., (2007), Automated external defibrillators, was amended to
include a definition of AED and to encourage the use of AEDs.
Collier County EMS has an innovative AED program, which currently requires all AEDs to be registered
with EMS; however the nature of this program bas changed as AEDs may now be purchased over-the-
counter. Many private homes and businesses have acquired AEDs for emergency use. In compliance with
Florida Statutes, Collier County EMS encourages all AED owners to register the AED with Collier County
EMS and to seek AED training from the American Red Cross, the American Heart Association, or another
similar program.
In an emergency, an AED-Emergency Medical Dispatch Certified 91 I Operator is authorized to instruct an
individual on the proper operation of an AED, Further, the Florida Cardiac Arrest Survival Act provides
immunity for volunteers who use the AED in good faith for the purpose of saving the life of another.
The amended ordinance will include the statutory definition of AED and provide that persons who acquire
AEDs are encouraged to register the AED with EMS and to seek training on the use of AEDs. The amended
ordinance will also include EMS responsibilities including: (I) providing informational materials to AED
owners and (2) conducting quality assurance assessment following AED use. The ordinance will also
provide owner responsibilities including: (1) registration, (2) training, and (3) maintenance and storage
recommendations,
The proposed amendment was reviewed by the Emergency Medical Services Advisory Committee
(EMSAC) at their March 25, 2008 meeting and they are in support of the proposed changes.
The proposed amendment is attached for consideration,
LEGAL CONSIDERATIONS: This proposed ordinance amendment bas been reviewed and approved by
the County Attorney's Office for form and legal sufficiency. The amendment is compliance with Florida
Statutes.
FISCAL IMPACT: There will not be any fiscal impact to Collier County with this amendment.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
amended ordinance,
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Agenda 11em No. 16F1
April 8, 2008
Page 2 of7
RECOMMENDATION: That the Board of County Commissioners provide staff direction to research and
propose amendments to the AED Ordinance. Further, if the proposed amendment is approved, to provide
direction to staff to advertise said ordinance to be approved at a future BCC meeting.
PREPARED BY:
Noemi 1. Fraguela, Captain, Training Division, Collier County EMS
Colleen M. Greene, Assistant County Attorney
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Agenda Item No, 16F1
April 8, 2008
Page 3 of7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16F1
Item Summary:
Recommendation to provide EMS staff direction to research and propose amendments to
Section 50-104 of the Code of Laws and Ordinances of Collier County, Florida known as the
Community Automated External Defibrillator (AED) Ordinance,
4/8/2008 9:0000 AM
Meeting Date:
Prepared By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
3/6/20088:15:29 AM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
3/6/20089:21 AM
Approved By
Jeff Page
EMS Chief
Date
Bureau of Emergency
Services
EMS
3/11/20083:55 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
3/13/20088039 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/26/2008 2:44 PM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
3/27/200812:02 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
3/31/200811052 AM
file://C:\AgendaTeSl\Exoort\ I 04-Aoril%208.%202008\16.%20CONSENT%20AGENDA \ 16,.. 4/2/2008
Agenda Item No. 16F1
April 8, 2008
Page 4 of 7
ORDINANCE NO. 2008-
AN ORDINANCE AMENDING ORDINANCE 98-36, AS AMENDED AND
THE COLLIER COUNTY CODE OF LAWS A!\D ORDINANCES
SECTION 50.104; BY REVISING SECTION 50-104 REQUlREME!'ITS
AND PROCEDURES OF A COMMUNITY AED PROGRAM;
PROVIDI!\G FOR CONFLICT A!\D SEVERABILITY; PROVIDI!\G FOR
I"ICLUSION IN THE COLLIER COL;NTY CODE OF LAWS AN
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents of Collier County by
enacting and enforcing regulations and ordinances for the protection of the public;
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"),
has adopted Ordinance No. 98-36, as amended and codified in section 50-104 of the Collier
County Code of La\\!s and Ordinances, Establishing the Community Automatic External
Defibrillator, ( "A ED") Prob,'Tam;
V....HEREAS, the American Heart Association has determined that it is in the public
interest to make AEDs available to the public, that the puhlic be trained to properly use AEDs,
and that the public activate the emergency medical services ("EMS") system immediately upon
using an AED;
WHEREAS, the Food and Drug Administration has approved certain AEDs for "over-
the-counter" purchase resulting in many AEDs in private homes and businesses;
WHEREAS, the Florida Cardiac Arrest Survival Act provides that an AED may be used
by any willing person for the purpose of saving the life of another in cardiac arrest. (g 768.1325,
Fla. Stat (2007)); and
WI1EREAS, * 401.2915, Fla. Stat. (20(7), Automated external defibrillators, provides
guidance for establishing a Community AED Program, and the Board has determined that it is
necessary to amend Collier County's Community AED Program Ordinance in compliance with
Florida Statutes.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS. COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Section 50-] 04 of the Collier County Code of Laws and Ordinances,
entitled "Requirements and Procedures" is hereby amended as follov.'s:
Words underlined added and words ,:trl:lld( :hrou;;h are deleted.
Agenda 11em No. 16F1
April 8, 2008
Page 5 of?
The following shall be the requirements and procedures kiT biGS, traiFliFlg, sata 6slIsetisFl aRB sata
fess' ery sf tHe .,\gD }3Tsgram; to establish a Community AED ProL'Tam.
(1) Definition of automated external defibrillator (AED)' A lifesaving defibrillator device
that: (1) is commercially distributed in accordance with the Federal Food. DrulZ. and Cosmetic
Act. (2) is canable of recmmizin2 the oresence or absence of ventricular fibrillation. and is
caoable of determininl! without intervention bv the user of the device whether defibrillation
should be nerformed. and (3) upon detenninine that defibrillation should be nerformed. is able to
deliver an electrical shock to an individual.
(1) 1>18 .'\ED shall be 1,1:e8 iF] tRe iFlG8FJ3Sratea Sf 1:H1ifl68Fj3SrateEl area af Callier CeUflty
\\ itnElut flrst e8FFlJll) iFlg .. itA tAe 1'eElHi1'eFFleFlts aRs presea1:H'ss [,Jet fm1.fJ. iR tl=lis sestieR, eJ~eept as:
f:lsreiRafter J9re. iSBa in SI.:IbS8stieFl (10). It sHall Be tHe resfl8F1sil3ilit) ofth8 O"'Rer sftf:le ,~.ED ta
eFl.;\:H"8 that 01'11) traiRea iRai' iSl::lals 8fl81'&18, sr liH' e Heeess te, the ,'\ED.
(2) Individuals. oreanizations. comoanies or oriyate businesses that purchase and/or acauire
an AED are encouraQ:ed to reQ:ister the AED with Collier County EMS.
(3) Upon reeistration. Collier County EMS wi]] provide informational materials ref!ardinl!
traininQ: to the indiyiduaL onmnization. comoany. or oriyate business that reeisters the AED.
(4) Indiyiduals and/or llfOUPS who ourchase and/or acauire an AED. are encouraQed to seek
trainin12 on the Droner use of an AED.
(5) It shall be the responsibility of the AED site to:
(a) reQister the AED with Collier County EMS:
(h) desit.rnate a site contact person and dedicated location for the AED:
(c) notify Collier County EMS of the location of the AED:
(d) follow applicable Florida Statutes and Collier Countv Ordinances:
(e) consult with a nhysician as necessarY:
(f) maintain internal nolicies and nrocedures for AED use. maintenance. and trainin!!:
(Q:) maintain records on site for certification and re-certification of CPR/AED
training:
(h) maintain AED in Q:ood workin12 order by followine the manufacturer
recommended oneration l!uidelines and periodically check the unit for readiness: and
(i) store the AED with simolified directions for ememency use as orovided by the
manufacturer.
(2) The purchase ef A.ED's ./ ill Be HeRe eAl) after a v.ritteR reEl1:iest is mass t8 tHe Cel1ier
CeHf'lty EmergeBsy Heaieal Ser, iees Deflartmeet 8Y tAe iRSi. i8Hal, orgaeizatiefl er SGFR]3afJ)
rel1HestiRg tAe fll:!reh8Se of an.A 13:D. TAB n ritteR reEiHest I-l'lHSt Gentain the naFFle, leeatieH, TIl:!FI'lBsr
of units, HUFFl8er efJleeflle t8 [,Jer ise aRs tjpB ami maRHfuehuer eftl=!B ~.ED.
(3) Ufl6R reeeipt ofths \uittee reE}l:!Bst f6 fll:!J'Gli8Se, the E~1S seflartmE!Rt {,ill e80niiRate a
traiRiHg Glass fer the reEll:!estiFlg flaFt~', aRB all iFltsRaea 1:lsers oftA8 ,A.ED, SF! the flrefler eperatioR
of,\EDs. TraiRiFl'; ': ill eeesist efa reEJl:!ired Glass" RiGR "'ill iRel1:ise:
I. Hister:, efSH8SE!R seatA.
II. SigHS aHa symptoms of eanJiae BITe,'t.
III. }\aHIt saraie Jll:!lmeRary resblseitatieR.
1". Pr8Fer lise, RlainteRanee and flerieaie iRs]3eetieB 6ft-lie \ED,
(6) An AED is 1!enerally obtained with a orescriDtion from a licensed ohysician. If an
individual or entity cannot obtain such prescrintion. the Collier County EMS Medical Director
maY DToyide a orescriotion unon receipt of a written request. The Food and DruQ Administration
(FDA) has anproyed certain AEDs for nurchase without a prescriPtion.
(7) Any nerson who uses an AED shall activate the EMS system (911) immediately upon
use.
Words underlined added and words stf1:iel: tArsHgR are deleted,
Agenda !tem No. 16F1
April 8, 2008
Page 6 of 7
(1) lTJ3Sfl prssf of sl::I6eessful cempletisfl sf tRe llhs';e refl1:liree traiRiRg, tRe Cellier CS1:lfltj'
E\1S meaieal Elireetor '" ill !:ReR issue a rreserifltieR fer the flureFiBse ef aA .^.E:D \', hid~ has seeR
8fJflre' ea, BRB 81:ltAsrizea fer fll:lreRaSe, 13) the Peea aHa DfHg :\SFAiRistratieR.
(5) '_'sers sftAe A eO v ill f.ells'" tRe flslieies aAs pF8eL':lSHreS se"elep6a aRB abltnsfizea BY
the Cellier CaliRt) EFAergeR6; ~ 1eaiEal Ser, iees De}3artFAeAt ~ 1eaieal Direeter. TRe.;e flslieies
aHB }3rasealif"es .. ill ee }3re\ iaea t8 tHe iH~ii' iSHal, srgaRizatien or eSFAJ3any reflHestiR'; the
f'H:lrshss6 8faR /\ED H}3aR tRe .'b1Geessf1:d 6eFF1l3letisR eftBe t:raiRiRg refll:lirea 13:,' this seetisR.
(8) Re eertifieatisFl sf l:lsers and iR.']3eetisFl sf tRe .A.ED , ill 8e seRe OR 13i aRRHal Basis by
the Cellier CSl:lflt) Emer;eReJ ~1edira] Ser;iees C'eflartmeRt.
(8) Any person who uses an AED is ~ asked to contact Collier County EMS
Department as soon as reasonably possible upon use of the AED.
(9) Upon notification of the use of an AED, Collier County EMS Oe}3artm8Rt will be
responsible for the collection and recovery of data generated by the AED. The owner of the
AED will not unreasonably withhold consent to the retrieval of such data or to any quality
assurance assessment. ~.
The manner in v...hich data is recovered \vill be dictated by the capability of the particular AED
unit, since the method of data collection differs depending upon the type of AED. All data, once
recovered by tfle Collier County EMS DeflaFtm6Rt, will be stored at a centralized database to be
located and operated by the Collier County EMS-,- DepartffiE'!Rt.
(ll) TA~ Cellier COUAt)' D1S Emer;enr)' ~1eaieal Ser"ires DeflaFtFAeRt .. ill sSFlauet f:}l:H:llit~
aSSblra-nee a:se"'(,rfli?At testing after 1:lse sf the :\ED. i\.A aat:litieRal U.;e Elf Sl:lSA EJli.alit) as:uraRGB
testing ,,:ill Be t8 ,;a~Rer ,.tati:tiea] iRf'8fFAatisA OR tRe B6Re~b A.ED a\ailaBilit) J3ro',iJe," to the
GOFRFFll:lFl]'
(] 0) In the event an individual nOltrained in the use of an AED is the only person availahle to
operate the AED, and emergency medical services has been activated, an emergencv medical
dispatch ("EMD") .\[0 emer;eFlIO) meaieal EiisflsteA eertifiea 011 operator shall be authorized
to instruct that individual on the proper operation and use of the AED.
All other provisions of this section which are not inconsistent with subsection (10) remain in full
force and effect.
(11) Particination or non.narticination in the Community AED ProL'Tam is not intended 10
create a private cause of action for nel!lil!ence.
SEC1'IO'l TWO:
CONFLICT AND SEVERABILITY.
In fhe event this Ordinance conflicts with any other ordinance of Collier County or other
applicable 13v...', the more restrictive shall apply. If any phrase or portion offhis Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining ponion.
SEC1'IO'l THREE: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumhered or
Words underlined added and words ,;trl;lek thro101.:;h are deleted.
Agenda Item No, 16F1
April 8, 2008
Page 7 of 7
or any other appropriate word.
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article"
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
County, Florida this ~ day of
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to fonTI and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
EMS-O[)[)45
,2008.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Words underlined added and words ,;truel; tJ:iTSHg:A are deleted.