Florida Senate - 2009 CS for SB 2040
By the Committee on Health Regulation; and Senator Detert
588-04072-09 20092040c1
1 A bill to be entitled
2 An act relating to 911 emergency dispatcher
3 certification; amending s. 401.465, F.S.; defining the
4 terms “certified dispatch training center” and
5 “certified dispatch training program”; authorizing a
6 public safety agency to employ a 911 emergency
7 dispatcher trainee for a limited period under certain
8 conditions; requiring any person serving as a 911
9 emergency dispatcher to be certified by the Department
10 of Health; revising application requirements for
11 certification; providing an expiration date for
12 initial certification of certain 911 emergency
13 dispatchers; providing certification standards for
14 certified dispatch training centers and certified
15 dispatch training programs; requiring the department
16 to charge fees for the review and approval of training
17 programs; providing general application procedures for
18 online licensure applications; amending s. 401.411,
19 F.S.; revising the grounds in which the department may
20 deny, suspend, or revoke the certification of a 911
21 emergency dispatcher; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 401.465, Florida Statutes, is amended to
26 read:
27 401.465 911 emergency dispatcher certification.—
28 (1) DEFINITIONS.—As used in this section, the term:
29 (a) “911 emergency dispatcher” means a person employed by a
30 state agency or local government as a public safety dispatcher
31 or 911 operator whose duties and responsibilities include
32 answering 911 calls; dispatching law enforcement officers, fire
33 rescue services, emergency medical services, and other public
34 safety services to the scene of an emergency; providing real
35 time information from federal, state, and local crime databases;
36 or supervising or serving as the command officer to a person or
37 persons having such duties and responsibilities. However, the
38 term does not include administrative support personnel,
39 including, but not limited to, those whose primary duties and
40 responsibilities are in accounting, purchasing, legal, and
41 personnel.
42 (b) “Department” means the Department of Health.
43 (c) “Certified dispatch training center” means any public
44 safety agency, as defined in s. 365.171(3)(d), employing 911
45 emergency dispatchers whose training program is equivalent to
46 the most recently approved emergency dispatch course in public
47 safety telecommunications of the Department of Education and
48 consists of not less than 208 hours.
49 (d) “Certified dispatch training program” means a 911
50 emergency dispatch training program that is:
51 1. Equivalent to the most recently approved emergency
52 dispatch course in public safety telecommunications of the
53 Department of Education and consists of not less than 208 hours;
54 and
55 2. Offered by an educational institution approved by the
56 Department of Education to offer such program.
57 (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
58 (a) Effective October 1, 2012, any person serving as a 911
59 emergency dispatcher must be certified by the department.
60 Notwithstanding this requirement, a public safety agency, as
61 defined s. 365.171(3)(d), may employ a 911 emergency dispatcher
62 trainee for a period not to exceed 6 months, if the trainee is
63 under the direct supervision, as determined by rule of the
64 department, of a certified 911 emergency dispatcher with a
65 minimum of 2 years’ experience.
66 (b)(a) An applicant Any person who desires to be certified
67 or recertified as a 911 emergency dispatcher must may apply to
68 the department under oath on forms provided by the department.
69 The department shall establish by rule educational and training
70 criteria for the certification and recertification of 911
71 emergency dispatchers.
72 (c)(b) The department shall determine whether the applicant
73 meets the requirements specified in this section and in rules of
74 the department and shall issue a certificate to any person who
75 meets such requirements. Such requirements must include, but
76 need not be limited to, the following:
77 1. Completion of an appropriate 911 emergency dispatcher
78 training program that is equivalent to the most recently
79 approved emergency dispatcher course of the Department of
80 Education and consists of not less than 208 hours. Each
81 certified dispatch training center and certified dispatch
82 training program must apply to the department on forms provided
83 by the department, to receive approval before being used in
84 satisfaction of this requirement;
85 2. Completion and documentation of at least 2 years of
86 supervised full-time employment as a 911 emergency dispatcher
87 since January 1, 2002;
88 2.3. Certification under oath that the applicant is not
89 addicted to alcohol or any controlled substance;
90 3.4. Certification under oath that the applicant is free
91 from any physical or mental defect or disease that might impair
92 the applicant’s ability to perform his or her duties;
93 4.5. Submission of the application fee prescribed in
94 subsection (3); and
95 5.6. Submission of a completed application to the
96 department which indicates compliance with subparagraphs 1., 2.,
97 and 3., and 4.
98 (d)(c) The department shall establish by rule a procedure
99 for the quadrennial biennial renewal certification of 911
100 emergency dispatchers.
101 (e)(d) Each 911 emergency dispatcher certificate expires
102 automatically if not renewed at the end of the 4-year 2-year
103 period and may be renewed if the holder meets the qualifications
104 for renewal as established by the department. A certificate that
105 is not renewed at the end of the 4-year 2-year period
106 automatically reverts to an inactive status for a period that
107 may not exceed 180 days. Such certificate may be reactivated and
108 renewed within the 180-day period if the certificateholder meets
109 all other qualifications for renewal and pays a $50 late fee.
110 Reactivation shall be in a manner and on forms prescribed by
111 department rule.
112 (f)(e) The department may suspend or revoke a certificate
113 at any time if it determines that the certificateholder does not
114 meet the applicable qualifications.
115 (g)(f) A certificateholder may request that his or her 911
116 emergency dispatcher certificate be placed on inactive status by
117 applying to the department before his or her current
118 certification expires and paying a fee set by the department
119 which may not exceed $100.
120 1. A certificateholder whose certificate has been on
121 inactive status for 1 year or less may renew his or her
122 certificate pursuant to the rules adopted by the department and
123 upon payment of a renewal fee set by the department which may
124 not exceed $100.
125 2. A certificateholder whose certificate has been on
126 inactive status for more than 1 year may renew his or her
127 certificate pursuant to rules adopted by the department.
128 3. A certificate that has been inactive for more than 6
129 years automatically expires and may not be renewed.
130 (h)(g) The department shall establish by rule a procedure
131 for the initial certification of 911 emergency dispatchers as
132 defined in this section who have documentation of at least 5
133 years of supervised full-time employment as a 911 emergency
134 dispatcher since January 1, 2002. This paragraph expires October
135 1, 2012.
136 (3) CERTIFIED DISPATCH TRAINING CENTER; STANDARDS AND
137 CERTIFICATION.—
138 (a) Each certified dispatch training center shall report
139 all individuals that have successfully completed a 911 emergency
140 dispatch course in public safety telecommunication to the
141 department within 2 weeks after the completion date and shall
142 certify to the department compliance for certification as
143 described in this section.
144 (b) The department shall establish by rule a procedure for
145 the quadrennial review and approval of certified dispatch
146 training centers to verify compliance with training standards
147 required by this section.
148 (4) CERTIFIED DISPATCH TRAINING PROGRAM; STANDARDS AND
149 CERTIFICATION.—
150 (a) Each certified dispatch training program shall report
151 all individuals who have successfully completed a 911 emergency
152 dispatch course in public safety telecommunication to the
153 department within 2 weeks after the completion date and shall
154 certify to the department compliance for certification as
155 described in this section.
156 (b) The department shall establish by rule a procedure for
157 the quadrennial review and approval of the certified dispatch
158 training programs to verify compliance with training standards
159 required by this section.
160 (5)(3) FEES.—
161 (a) The fee for application for the 911 emergency
162 dispatcher original certificate is $75.
163 (b) The application fee for the 911 emergency dispatcher
164 biennial renewal certificate is $100.
165 (c) Fees collected under this section shall be deposited
166 into the Emergency Medical Services Trust Fund and used solely
167 for salaries and expenses of the department incurred in
168 administering this section.
169 (d) If a certificate issued under this section is lost or
170 destroyed, the person to whom the certificate was issued may,
171 upon payment of a fee set by the department which may not exceed
172 $25, obtain a duplicate or substitute certificate.
173 (e) Upon surrender of the original 911 emergency dispatcher
174 certificate and receipt of a replacement fee set by the
175 department which may not exceed $25, the department shall issue
176 a replacement certificate to make a change in name.
177 (f) The department shall charge a fee not to exceed $100
178 for the initial review and approval of 911 emergency dispatch
179 training programs offered by certified dispatch training centers
180 and certified dispatch training programs to determine compliance
181 with subsection (2). A fee not to exceed $75 shall be charged
182 for quadrennial review and approval of training programs
183 authorized by this section.
184 (g) Employees of certified dispatch training centers are
185 exempt from all fees.
186 (6) GENERAL APPLICATION PROCEDURES.—
187 (a) The department may by rule require any category of
188 application or certification to be applied for or renewed online
189 using an online application. In the case of online renewal, the
190 department shall provide a fail-safe manner in which the
191 applicant may print a receipt for the properly prepared
192 application. Alternatively, when the online application or
193 renewal system is in operation, the licensing authority may
194 require payment of an additional fee, not exceeding $25, to be
195 paid by applicants who elect to use paper applications or
196 renewal forms in lieu of the online system.
197 (b) Certified dispatch training centers may electronically
198 certify to the department employees who have completed training
199 in compliance with this section.
200 Section 2. Paragraphs (g) and (k) of subsection (1) of
201 section 401.411, Florida Statutes, are amended to read:
202 401.411 Disciplinary action; penalties.—
203 (1) The department may deny, suspend, or revoke a license,
204 certificate, or permit or may reprimand or fine any licensee,
205 certificateholder, or other person operating under this part for
206 any of the following grounds:
207 (g) Unprofessional conduct, including, but not limited to,
208 any departure from or failure to conform to the minimal
209 prevailing standards of acceptable practice under this part as
210 an emergency medical technician or paramedic, including
211 undertaking activities when that the emergency medical
212 technician or paramedic is not qualified by training or
213 experience to perform.
214 (k) Practicing as an emergency medical technician,
215 paramedic, or other health care professional, or other
216 professional operating under this part without reasonable skill
217 and safety to the public patients by reason of illness,
218 drunkenness, or the use of drugs, narcotics, or chemicals or any
219 other substance or as a result of any mental or physical
220 condition.
221 Section 3. This act shall take effect October 1, 2009.