Florida Senate - 2008 SB 1694

By Senator Aronberg

27-00114B-08 20081694__

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A bill to be entitled

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An act relating to emergency dispatchers; creating s.

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401.465, F.S.; providing definitions; requiring the

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Department of Health to establish criteria for the

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certification of 911 emergency dispatchers; providing

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requirements for certification; requiring the department

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to determine if an applicant meets the requirements for

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certification; requiring the department to establish a

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procedure for certificate renewal; providing for the

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expiration and renewal of certificates; authorizing the

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department to suspend or revoke a certificate; providing

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that a certificateholder may request inactivation of his

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or her certification; providing requirements for renewing

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an inactive certificate; providing fees for original

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application and renewal of a certificate; requiring that

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fees be deposited in a trust fund and used for specified

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purposes; providing for replacement of a lost or destroyed

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certificate; requiring the department to issue a

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replacement certificate under certain circumstances;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 401.5, Florida Statutes, is created to

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read:

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     401.465 911 emergency dispatcher certification.--

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

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     (a) "911 emergency dispatcher" means a person employed by a

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state agency or local government as a public safety dispatcher or

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911 operator whose duties and responsibilities include answering

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911 calls; dispatching law enforcement officers, fire rescue

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services, emergency medical services, and other public safety

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services to the scene of an emergency; providing real-time

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information from federal, state, and local crime databases; or

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supervising or serving as the command officer to a person or

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persons having such duties and responsibilities. However, the

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term does not include administrative support personnel,

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including, but not limited to, those whose primary duties and

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responsibilities are in accounting, purchasing, legal, and

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personnel.

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     (b) "Department" means the Department of Health.

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     (2) PERSONNEL; STANDARDS AND CERTIFICATION.--

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     (a) The department shall establish by rule educational and

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training criteria for the certification and recertification of

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911 emergency dispatchers. Such rules must include, but need not

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be limited to, the following requirements:

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     1. Any person who desires to be certified or recertified as

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a 911 emergency dispatcher shall apply to the department under

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oath on forms provided by the department which shall contain such

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information as the department reasonably requires and may include

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affirmative evidence of the applicant's ability to comply with

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applicable laws and rules.

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     2. The department shall determine whether the applicant

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meets the requirements specified in this section and in rules of

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the department and shall issue a certificate to any person who

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meets such requirements.

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     (b) An applicant for certification or recertification as a

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911 emergency dispatcher shall:

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     1. Have completed an appropriate 911 emergency dispatcher

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training program that is equivalent to the most recently approved

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emergency dispatcher course of the Department of Education and

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that consists of not less than 208 hours;

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     2. Certify under oath that he or she is not addicted to

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alcohol or any controlled substance;

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     3. Certify under oath that he or she is free from any

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physical or mental defect or disease that might impair the

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applicant's ability to perform his or her duties;

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     4. Submit the application fee prescribed in subsection (3);

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and

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     5. Submit a completed application to the department which

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indicates compliance with subparagraphs 1., 2., and 3.

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     (c) The department shall establish by rule a procedure for

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the biennial renewal certification of 911 emergency dispatchers.

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     (d) Each 911 emergency dispatcher certificate expires

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automatically if not renewed, and may be renewed if the holder

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meets the qualifications for renewal as established by the

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department. A certificate that is not renewed at the end of the

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2-year period automatically reverts to an inactive status for a

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period that may not exceed 180 days. Such certificate may be

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reactivated and renewed within the 180-day period if the

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certificateholder meets all other qualifications for renewal and

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pays a $50 late fee. Reactivation shall be in a manner and on

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forms prescribed by department rule.

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     (e) The department may suspend or revoke a certificate at

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any time if it determines that the certificateholder does not

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meet the applicable qualifications.

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     (f) A certificateholder may request that his or her 911

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emergency dispatcher certificate be placed on inactive status by

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applying to the department before his or her current

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certification expires and paying a fee set by the department

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which may not exceed $100.

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     1. A certificateholder whose certificate has been on

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inactive status for 1 year or less may renew his or her

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certificate pursuant to the rules adopted by the department and

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upon payment of a renewal fee set by the department which may not

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exceed $100.

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     2. A certificateholder whose certificate has been on

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inactive status for more than 1 year may renew his or her

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certificate pursuant to rules adopted by the department.

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     3. A certificate that has been inactive for more than 6

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years automatically expires and may not be renewed.

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     (3) FEES.--

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     (a) The fee for application for the 911 emergency

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dispatcher original certificate is $75.

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     (b) The application fee for the 911 emergency dispatcher

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biennial renewal certificate is $100.

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     (c) Fees collected under this section shall be deposited

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into the Emergency Medical Services Trust Fund and used solely

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for salaries and expenses of the department incurred in

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administering this section.

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     (d) If a certificate issued under this section is lost or

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destroyed, the person to whom the certificate was issued may,

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upon payment of a fee set by the department which may not exceed

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$25, obtain a duplicate or substitute certificate.

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     (e) Upon surrender of the original 911 emergency dispatcher

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certificate and receipt of a replacement fee set by the

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department which may not exceed $25, the department shall issue a

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replacement certificate to make a change in name.

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     Section 2.  This act shall take effect October 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.