Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2040
Barcode 547212
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2009 .
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The Committee on Health Regulation (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 401.465, Florida Statutes, is amended to
6 read:
7 401.465 911 emergency dispatcher certification.—
8 (1) DEFINITIONS.—As used in this section, the term:
9 (a) “911 emergency dispatcher” means a person employed by a
10 state agency or local government as a public safety dispatcher
11 or 911 operator whose duties and responsibilities include
12 answering 911 calls; dispatching law enforcement officers, fire
13 rescue services, emergency medical services, and other public
14 safety services to the scene of an emergency; providing real
15 time information from federal, state, and local crime databases;
16 or supervising or serving as the command officer to a person or
17 persons having such duties and responsibilities. However, the
18 term does not include administrative support personnel,
19 including, but not limited to, those whose primary duties and
20 responsibilities are in accounting, purchasing, legal, and
21 personnel.
22 (b) “Department” means the Department of Health.
23 (c) “Certified dispatch training center” means any public
24 safety agency, as defined in s. 365.171(3)(d), employing 911
25 emergency dispatchers whose training program is equivalent to
26 the most recently approved emergency dispatch course in public
27 safety telecommunications of the Department of Education and
28 consists of not less than 208 hours.
29 (d) “Certified dispatch training program” means a 911
30 emergency dispatch training program that is:
31 1. Equivalent to the most recently approved emergency
32 dispatch course in public safety telecommunications of the
33 Department of Education and consists of not less than 208 hours;
34 and
35 2. Offered by an educational institution approved by the
36 Department of Education to offer such program.
37 (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
38 (a) Effective October 1, 2012, any person serving as a 911
39 emergency dispatcher must be certified by the department.
40 Notwithstanding this requirement, a public safety agency, as
41 defined s. 365.171(3)(d), may employ a 911 emergency dispatcher
42 trainee for a period not to exceed 6 months, if the trainee is
43 under the direct supervision, as determined by rule of the
44 department, of a certified 911 emergency dispatcher with a
45 minimum of 2 years’ experience.
46 (b)(a) An applicant Any person who desires to be certified
47 or recertified as a 911 emergency dispatcher must may apply to
48 the department under oath on forms provided by the department.
49 The department shall establish by rule educational and training
50 criteria for the certification and recertification of 911
51 emergency dispatchers.
52 (c)(b) The department shall determine whether the applicant
53 meets the requirements specified in this section and in rules of
54 the department and shall issue a certificate to any person who
55 meets such requirements. Such requirements must include, but
56 need not be limited to, the following:
57 1. Completion of an appropriate 911 emergency dispatcher
58 training program that is equivalent to the most recently
59 approved emergency dispatcher course of the Department of
60 Education and consists of not less than 208 hours. Each
61 certified dispatch training center and certified dispatch
62 training program must apply to the department on forms provided
63 by the department, to receive approval before being used in
64 satisfaction of this requirement;
65 2. Completion and documentation of at least 2 years of
66 supervised full-time employment as a 911 emergency dispatcher
67 since January 1, 2002;
68 2.3. Certification under oath that the applicant is not
69 addicted to alcohol or any controlled substance;
70 3.4. Certification under oath that the applicant is free
71 from any physical or mental defect or disease that might impair
72 the applicant’s ability to perform his or her duties;
73 4.5. Submission of the application fee prescribed in
74 subsection (3); and
75 5.6. Submission of a completed application to the
76 department which indicates compliance with subparagraphs 1., 2.,
77 and 3., and 4.
78 (d)(c) The department shall establish by rule a procedure
79 for the quadrennial biennial renewal certification of 911
80 emergency dispatchers.
81 (e)(d) Each 911 emergency dispatcher certificate expires
82 automatically if not renewed at the end of the 4-year 2-year
83 period and may be renewed if the holder meets the qualifications
84 for renewal as established by the department. A certificate that
85 is not renewed at the end of the 4-year 2-year period
86 automatically reverts to an inactive status for a period that
87 may not exceed 180 days. Such certificate may be reactivated and
88 renewed within the 180-day period if the certificateholder meets
89 all other qualifications for renewal and pays a $50 late fee.
90 Reactivation shall be in a manner and on forms prescribed by
91 department rule.
92 (f)(e) The department may suspend or revoke a certificate
93 at any time if it determines that the certificateholder does not
94 meet the applicable qualifications.
95 (g)(f) A certificateholder may request that his or her 911
96 emergency dispatcher certificate be placed on inactive status by
97 applying to the department before his or her current
98 certification expires and paying a fee set by the department
99 which may not exceed $100.
100 1. A certificateholder whose certificate has been on
101 inactive status for 1 year or less may renew his or her
102 certificate pursuant to the rules adopted by the department and
103 upon payment of a renewal fee set by the department which may
104 not exceed $100.
105 2. A certificateholder whose certificate has been on
106 inactive status for more than 1 year may renew his or her
107 certificate pursuant to rules adopted by the department.
108 3. A certificate that has been inactive for more than 6
109 years automatically expires and may not be renewed.
110 (h)(g) The department shall establish by rule a procedure
111 for the initial certification of 911 emergency dispatchers as
112 defined in this section who have documentation of at least 5
113 years of supervised full-time employment as a 911 emergency
114 dispatcher since January 1, 2002. This paragraph shall expire on
115 October 1, 2012.
116 (3) CERTIFIED DISPATCH TRAINING CENTER; STANDARDS AND
117 CERTIFICATION.—
118 (a) Each certified dispatch training center shall report
119 all individuals that have successfully completed a 911 emergency
120 dispatch course in public safety telecommunication to the
121 department within 2 weeks of completion date and shall certify
122 to the department compliance for certification as described in
123 this section.
124 (b) The department shall establish by rule a procedure for
125 the quadrennial review and approval of certified dispatch
126 training centers to verify compliance with training standards
127 required by this section.
128 (4) CERTIFIED DISPATCH TRAINING PROGRAM; STANDARDS AND
129 CERTIFICATION.—
130 (a) Each certified dispatch training program shall report
131 all individuals who have successfully completed a 911 emergency
132 dispatch course in public safety telecommunication to the
133 department within 2 weeks after the completion date and shall
134 certify to the department compliance for certification as
135 described in this section.
136 (b) The department shall establish by rule a procedure for
137 the quadrennial review and approval of the certified dispatch
138 training programs to verify compliance with training standards
139 required by this section.
140 (5)(3) FEES.—
141 (a) The fee for application for the 911 emergency
142 dispatcher original certificate is $75.
143 (b) The application fee for the 911 emergency dispatcher
144 biennial renewal certificate is $100.
145 (c) Fees collected under this section shall be deposited
146 into the Emergency Medical Services Trust Fund and used solely
147 for salaries and expenses of the department incurred in
148 administering this section.
149 (d) If a certificate issued under this section is lost or
150 destroyed, the person to whom the certificate was issued may,
151 upon payment of a fee set by the department which may not exceed
152 $25, obtain a duplicate or substitute certificate.
153 (e) Upon surrender of the original 911 emergency dispatcher
154 certificate and receipt of a replacement fee set by the
155 department which may not exceed $25, the department shall issue
156 a replacement certificate to make a change in name.
157 (f) The department shall charge a fee not to exceed $100
158 for the initial review and approval of 911 emergency dispatch
159 training programs offered by certified dispatch training centers
160 and certified dispatch training programs to determine compliance
161 with subsection (2). A fee not to exceed $75 shall be charged
162 for quadrennial review and approval of training programs
163 authorized by this section.
164 (g) Employees of certified dispatch training centers are
165 exempt from all fees.
166 (6) GENERAL APPLICATION PROCEDURES.—
167 (a) The department may by rule require any category of
168 application or certification to be applied for or renewed online
169 using an online application. In the case of online renewal, the
170 department shall provide a fail-safe manner in which the
171 applicant may print a receipt for the properly prepared
172 application. Alternatively, when the online application or
173 renewal system is in operation, the licensing authority may
174 require payment of an additional fee, not exceeding $25, to be
175 paid by applicants who elect to use paper applications or
176 renewal forms in lieu of the online system.
177 (b) Certified dispatch training centers may electronically
178 certify to the department employees who have completed training
179 in compliance with this section.
180 Section 2. Paragraphs (g) and (k) of subsection (1) of
181 section 401.411, Florida Statutes, are amended to read:
182 401.411 Disciplinary action; penalties.—
183 (1) The department may deny, suspend, or revoke a license,
184 certificate, or permit or may reprimand or fine any licensee,
185 certificateholder, or other person operating under this part for
186 any of the following grounds:
187 (g) Unprofessional conduct, including, but not limited to,
188 any departure from or failure to conform to the minimal
189 prevailing standards of acceptable practice under this part as
190 an emergency medical technician or paramedic, including
191 undertaking activities when that the emergency medical
192 technician or paramedic is not qualified by training or
193 experience to perform.
194 (k) Practicing as an emergency medical technician,
195 paramedic, or other health care professional, or other
196 professional operating under this part without reasonable skill
197 and safety to the public patients by reason of illness,
198 drunkenness, or the use of drugs, narcotics, or chemicals or any
199 other substance or as a result of any mental or physical
200 condition.
201 Section 3. This act shall take effect October 1, 2009.
202
203 ================= T I T L E A M E N D M E N T ================
204 And the title is amended as follows:
205 Delete everything before the enacting clause
206 and insert:
207 A bill to be entitled
208 An act relating to 911 emergency dispatcher
209 certification; amending s. 401.465, F.S.; defining the
210 terms “certified dispatch training center” and
211 “certified dispatch training program”; authorizing a
212 public safety agency to employ a 911 emergency
213 dispatcher trainee for a limited period under certain
214 conditions; requiring any person serving as a 911
215 emergency dispatcher to be certified by the Department
216 of Health; revising application requirements for
217 certification; providing an expiration date for
218 initial certification of certain 911 emergency
219 dispatchers; providing certification standards for
220 certified dispatch training centers and certified
221 dispatch training programs; requiring the department
222 to charge fees for the review and approval of training
223 programs; providing general application procedures for
224 online licensure applications; amending s. 401.411,
225 F.S.; revising the grounds in which the department may
226 deny, suspend, or revoke the certification of a 911
227 emergency dispatcher; providing an effective date.