The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 830
INTRODUCER: Fiscal Policy Committee; Health Policy Committee; and Senator Collins
SUBJECT: An act relating to student cardiac and medical emergencies
DATE: February 19, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Morgan Brown HP Fav/CS
2. Gerbrandt McKnight AHS Favorable
3. Morgan Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 830 amends the Education Code, creating s. 1003.457, F.S., to require each public
school to have at least one automated external defibrillator (AED) on school grounds that meets
specific requirements. Public schools are encouraged to have a sufficient number of AEDs on
campus and to establish partnerships to fiscally support this goal. Charter and private schools are
encouraged to do the same.
The bill also establishes that an individual who uses an AED or performs cardiopulmonary
resuscitation (CPR) is immune from civil liability, requires that the Florida Department of
Education (DOE) must enter into statewide contracts for certain purposes, requires the
Commissioner of Education to create and disseminate protocols and plans related to AED use in
schools, and requires the State Board of Education to adopt rules.
The bill also amends s. 1012.55, F.S., to require that an athletic coach in any public school in the
state must hold and maintain a certification in CPR, first aid, and the use of an AED. The
certification must be consistent with national, evidence-based emergency cardiovascular care
guidelines.
The bill provides that, once enacted, the act may be cited as the “HeartCharged Act.”
The bill provides an effective date of July 1, 2024.
REVISED: BILL: CS/CS/SB 830 Page 2
II. Present Situation:
Cardiopulmonary Resuscitation, First Aid, and Automatic External Defibrillation
Many types of injuries and illnesses can occur when participating in organized sports, including
sudden cardiac arrest. While rare in young, healthy athletes, it can happen, and preparation via an
emergency action plan, as well as required coursework and training, is pivotal in preparing
coaches, parents and other athletics personnel or staff to respond in the most effective way to
save lives.
1
Cardiopulmonary resuscitation (CPR) is an emergency lifesaving procedure performed when the
heart stops beating. Immediate CPR can double or triple chances of survival after cardiac arrest
by keeping the blood flow active until the arrival of trained medical staff.
2
First aid refers to medical attention that is usually administered immediately on-site after the
injury occurs. It often consists of a one-time, short-term treatment and requires little technology
or training to administer. First aid can include cleaning minor cuts, scrapes, or scratches; treating
a minor burn; applying bandages and dressings; the use of non-prescription medicine; draining
blisters; removing debris from the eyes; massage; and drinking fluids to relieve heat stress.
3
An automated external defibrillator (AED) is a lightweight, portable device. It delivers an
electric shock through the chest to the heart when it detects an abnormal rhythm and changes the
rhythm back to normal.
4
AEDs can greatly increase a cardiac arrest victim’s chances of survival.
5
Although formal AED training isn’t required, it’s recommended to increase the confidence level
of the user, promoting better outcomes.
6
Student Extracurricular Activities and Athletics Legislation
Currently, the Education Code provides that each public school that is a member of the Florida
High School Athletic Association (FHSAA) must have an operational AED on school grounds.
The AED must be available in a clearly marked and publicized location for each athletic contest,
practice, workout, or conditioning session, including those conducted outside of the school year.
Public and private partnerships are encouraged to cover the cost associated with the purchase,
placement, and training in the use of the AED.
7
1
Atlantic Health System, How to Be Better Prepared at a Child’s Sporting Event, available at
https://www.atlantichealth.org/about-us/stay-connected/news/content-central/2023/cardiac-arrest-kids-sports.html (last
visited Feb. 1, 2024).
2
American Heart Association Emergency Cardiovascular Care, What is CPR?, available at
https://cpr.heart.org/en/resources/what-is-cpr (last visited Feb. 1, 2024).
3
Occupational Safety and Health Administration, What is First Aid?, available at https://www.osha.gov/medical-first-
aid/recognition (last visited Feb. 1, 2024).
4
American Heart Association, What Is an Automated External Defibrillator?, available at https://www.heart.org/-
/media/files/health-topics/answers-by-heart/what-is-an-aed.pdf (last visited Feb. 16, 2024).
5
Supra note 2.
6
Supra note 4.
7
Section 1006.165(1)(a), F.S. BILL: CS/CS/SB 830 Page 3
Under current law, an FHSAA member school employee or volunteer with current training in
CPR and use of an AED must be present at each athletic event during and outside of the school
year, including athletic contests, practices, workouts, and conditioning sessions. The training
must include completion of a course in CPR or a basic first aid course that includes CPR
training, and demonstrated proficiency in the use of an AED. Each employee or volunteer who is
reasonably expected to use an AED must complete this training.
8
The location of each AED must be registered with a local emergency medical services medical
director. Each employee or volunteer required to complete the training must annually be notified
in writing of the location of each AED on school grounds.
9
Immunity from civil liability for the
use of AEDs by employees and volunteers is covered under the Good Samaritan Act
10
and the
Cardiac Arrest Survival Act.
11, 12
Florida Department of Education
The DOE has the responsibility and authority to write rules necessary to protect the health and
safety of staff and students of public and private schools in Florida. The Department of Health
has inspection authority to apply the DOE standards.
13
The applicability of a DOE rule is dependent on the type of school. However, in the case of
charter schools, DOE standards apply based on the individual charter school’s physical
location.
14
If the charter school is located on public school property or property owned by the local
county school board, the public school rule standards apply.
If the charter school is located on property or in a building not owned by the local county
school board, than the private school rule standards apply.
Public K-12 Schools
Public K-12 schools include charter schools and consist of:
15
Kindergarten classes;
Elementary, middle, and high school grades and special classes;
Virtual instruction programs;
Workforce education;
Career centers;
Adult, part-time, and evening schools, courses, or classes, as authorized by law to be
operated under the control of district school boards; and
Lab schools operated under the control of state universities.
8
Section 1006.165(1)(b), F.S.
9
Section 1006.165(1)(c), F.S.
10
Section 768.13, F.S.
11
Section 768.1325, F.S.
12
Section 1006.165(d), F.S.
13
Section 381.006(15), F.S.
14
Florida Department of Health, Public, Private, and Charter Schools, available at
https://www.floridahealth.gov/environmental-health/group-care/public-private-schools.html (last visited Feb. 16, 2024).
15
Section 1000.04(2), F.S. BILL: CS/CS/SB 830 Page 4
Charter schools are public schools that operate under a performance contract, or a “charter,”
designed to create exemptions from many regulations produced for traditional public schools
while maintaining accountability for academic and financial results. The charter contract
between the charter school governing board and the district school board details the school’s
mission, program, goals, students served, methods of assessment and ways to measure success.
The length of time for which charters are granted varies, but most exist for five years.
16
Private Schools
A private school is a nonpublic school defined as an individual, association, co-partnership, or
corporation, or department, division, or section of such organizations, that designates itself as an
educational center that includes kindergarten or a higher grade or as an elementary, secondary,
business, technical, or trade school below college level or any organization that provides
instructional services that meet the intent of s. 1003.01(16), F.S., or that gives pre-employment
or supplementary training in technology or in fields of trade or industry or that offers academic,
literary, or career training below college level, or any combination of the above, including an
institution that performs the functions of the afore-mentioned schools through correspondence or
extension, except those licensed under the provisions of ch. 1005, F.S. A private school may be a
parochial, religious, denominational, for-profit, or nonprofit school. This definition does not
include home education programs conducted in accordance with s. 1002.41, F.S.
17
III. Effect of Proposed Changes:
Section 1 provides that, once enacted, the act may be cited as the “HeartCharged Act.”
Section 2 creates s. 1003.457, F.S., to require each public school to have at least one operational
AED on school grounds, even outside the school year. The AED may not be placed in the
school’s athletic facilities and must be placed according to guidelines set by an organization
focused on emergency cardiovascular care in a location that is unlocked and easily accessible to
anyone at any time.
The bill requires that each AED must have appropriate accompanying signage, including, but not
limited to, signage at the AED’s exact location directing responders to the building or room
where the AED is routinely kept. Each AED and all of its components must be maintained
according to the manufacturer’s instructions and kept in proper working order.
Public schools are encouraged under the bill to have, or work towards acquiring and placing, a
sufficient number of AEDs, as determined by the Cardiac Emergency Response Plan,
18
to allow
a person to retrieve an AED within three minutes of a cardiac or medical emergency anywhere
on school grounds. Each school is encouraged to establish public and private partnerships and
seek grants, gifts, and other donations to cover the costs associated with the purchase, placement,
and training in the use of an AED.
16
Florida Department of Education, Charter Schools, Frequently Asked Questions, General Information, What are charter
schools?, available at https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-faqs.stml (last visited Feb.
16, 2024).
17
Section 1002.01(3), F.S.
18
The Cardiac Emergency Response Plan is provided under s. 1003.457(4), F.S., as created by the bill. BILL: CS/CS/SB 830 Page 5
Charter and private schools are encouraged to have at least one operational AED on school
grounds and to meet the public school requirements. A charter or private school that elects to
meet these standards may utilize the DOE’s statewide contracts for AEDs and will be provided
with all protocols for deployment and administration of AEDs in schools by the Commissioner
of Education.
The bill provides that the use of AEDs or CPR under the bill is immune from civil liability,
pursuant to ss. 768.13 and 768.1325, F.S., also known as the Good Samaritan Act and the
Cardiac Arrest Survival Act, respectively.
The bill requires the DOE to enter into statewide contracts for AEDs, in keeping with updated
technologies and conveniences of available AEDs on the market, to provide discounts to schools
and school districts.
The bill requires the Commissioner of Education, at his or her sole discretion, to create and
disseminate all of the following:
Protocols for the deployment and administration of AEDs in schools.
A Cardiac Emergency Response Plan in accordance with guidelines set by nationally
recognized, evidence-based standards to be developed by each school which address the
appropriate use of school personnel to respond to incidents involving an individual
experiencing sudden cardiac arrest or a similar life-threatening emergency while on school
grounds.
Appropriate school staff must be trained in first-aid, CPR, and AED use that follows
evidence-based guidelines set forth by an organization focused on emergency cardiovascular
care.
The bill also requires the State Board of Education to adopt rules.
Section 3 amends s. 1012.55, F.S., to require that an individual employed and rendering services
as a Florida public school athletic coach must hold and maintain a certification in CPR, first aid,
and the use of an AED. The certification must be consistent with national, evidence-based
emergency cardiovascular care guidelines.
Section 4 provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: CS/CS/SB 830 Page 6
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have a fiscal impact on state expenditures, as the DOE is required under the
bill to negotiate and enter statewide contracts for AEDs. At this time, the impact to
schools and school districts is indeterminate; there are potential costs associated with
required staff training, and it is unclear what public and private partnerships will be
established to subsidize AED purchase, placement, and training costs.
VI. Technical Deficiencies:
The language under s. 1003.457(4), F.S., as created by the bill, has a parallel construction
problem. That subsection provides that three items, found in paragraphs (a) through (c), are to be
created and disseminated. However, paragraph (c) does not describe any item that may be
created or disseminated. Instead, paragraph (c) appears to create a training requirement that must
be met as part of the bill’s implementation. The bill may benefit from an amendment to cure this
parallel construction deficiency.
VII. Related Issues:
In the Education Code, a charter school is included in the definition of a public K-12 school. The
bill requires that each public school have at least one operational AED on school grounds, while
charter and private schools are encouraged to meet this requirement. Therefore, it is unclear
whether all charter schools are exempt from the requirement, or only those located on property or
in a building not owned by the local county school board.
The bill provides that the Commissioner of Education, at his or her sole discretion, shall create
and disseminate a number of items relating to the bill’s implementation. However, by providing
that the Commissioner “shall” perform that function “at his or her sole discretion,” the language
creates uncertainty as to whether or not the bill creates a requirement for the Commissioner. An
amendment to that language may provide clarity as to the bill’s intent. BILL: CS/CS/SB 830 Page 7
VIII. Statutes Affected:
This bill creates one non-statutory section of the Laws of Florida.
This bill creates section 1003.457 of the Florida Statutes.
This bill substantially amends section 1012.55 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Fiscal Policy on February 15, 2024:
The committee substitute provides that the act may be cited as the “HeartCharged Act,”
retains the provisions of the underlying bill, and creates s. 1003.457, F.S., to:
Require each public school to have at least one AED on school grounds that meets
specific requirements.
Encourage public schools to have a sufficient number of AEDs on campus and to
establish partnerships to fiscally support this goal.
Encourage charter and private schools to meet the same standards as the public
schools.
Provide that the use of AEDs or CPR under the bill is immune from civil liability,
pursuant to ss. 768.13 and 768.1325, F.S., also known as the Good Samaritan Act and
the Cardiac Arrest Survival Act, respectively.
Require that the DOE must enter into statewide contracts for certain purposes.
Require the Commissioner of Education, at his or her sole discretion, to create and
disseminate protocols and plans related to AED use in schools.
Require the State Board of Education to adopt rules.
CS by Health Policy on January 30, 2024:
The committee substitute removes Section 1 of the underlying bill and retains only the
amendment to s. 1012.55, F.S., to update the qualifications of a Florida public school
athletic coach to include a certification in CPR, first aid, and the use of an AED.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.