Florida Senate - 2009                      CS for CS for SB 2040
       
       
       
       By the Committees on Community Affairs; and Health Regulation;
       and Senator Detert
       
       
       
       578-05577A-09                                         20092040c2
    1                        A bill to be entitled                      
    2         An act relating to 911 emergency dispatcher
    3         certification; amending s. 401.465, F.S.; defining
    4         “certified dispatch training center” and “certified
    5         dispatch training program”; requiring any person
    6         serving as a 911 emergency dispatcher to be certified
    7         by the Department of Health on or after a specified
    8         date; providing conditions under which a public safety
    9         agency may employ a 911 emergency dispatcher trainee
   10         for a limited period; requiring applicants to apply
   11         for certification or recertification on a specified
   12         form; providing for satisfaction of the training
   13         program requirement by completion of a certified
   14         dispatch training program or the training program of a
   15         certified dispatch training center; eliminating a
   16         requirement for certification; providing for
   17         quadrennial renewal of certification; providing for
   18         expiration of initial certification procedure for
   19         specified dispatchers under department rule; requiring
   20         certified dispatch training centers and certified
   21         dispatch training programs to apply to the department
   22         for approval as a condition of eligibility to provide
   23         911 emergency dispatcher training to applicants;
   24         requiring certified dispatch training centers and
   25         certified dispatch training programs to certify to the
   26         department applicants’ compliance for certification;
   27         requiring the department to establish a procedure for
   28         the quadrennial review and approval of certified
   29         dispatch training centers and certified dispatch
   30         training programs by rule; requiring the assessment of
   31         fees for specified review and approval of 911
   32         emergency dispatch training programs offered by
   33         certified dispatch training centers and certified
   34         dispatch training programs; providing an exemption
   35         from fees; providing application procedures;
   36         authorizing the department to require online
   37         application for and renewal of certification by rule;
   38         authorizing assessment of an additional application
   39         fee under certain circumstances; authorizing
   40         electronic certification of specified persons;
   41         amending s. 401.411, F.S.; clarifying certain grounds
   42         for disciplinary actions or the imposition of
   43         penalties by the department; providing an effective
   44         date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Section 401.465, Florida Statutes, is amended,
   49  to read:
   50         401.465 911 emergency dispatcher certification.—
   51         (1) DEFINITIONS.—As used in this section, the term:
   52         (a) “911 emergency dispatcher” means a person employed by a
   53  state agency or local government as a public safety dispatcher
   54  or 911 operator whose duties and responsibilities include
   55  answering 911 calls; dispatching law enforcement officers, fire
   56  rescue services, emergency medical services, and other public
   57  safety services to the scene of an emergency; providing real
   58  time information from federal, state, and local crime databases;
   59  or supervising or serving as the command officer to a person or
   60  persons having such duties and responsibilities. However, the
   61  term does not include administrative support personnel,
   62  including, but not limited to, those whose primary duties and
   63  responsibilities are in accounting, purchasing, legal, and
   64  personnel.
   65         (b) “Department” means the Department of Health.
   66         (c) “Certified dispatch training center” means any public
   67  safety agency as defined in s. 365.171(3)(d) employing 911
   68  emergency dispatchers whose training program is equivalent to
   69  the most recently approved emergency dispatch course in public
   70  safety telecommunications of the Department of Education and
   71  consists of not less than 232 hours.
   72         (d) “Certified dispatch training program” means a 911
   73  emergency dispatch training program offered by an educational
   74  institution approved by the Department of Education to offer
   75  such program that is equivalent to the most recently approved
   76  emergency dispatch course in public safety telecommunications of
   77  the Department of Education and consists of not less than 232
   78  hours.
   79         (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
   80         (a) Effective October 1, 2012, any person serving as a 911
   81  emergency dispatcher must be certified by the department.
   82  Notwithstanding this requirement, a public safety agency as
   83  defined s. 365.171(3)(d) may employ a 911 emergency dispatcher
   84  trainee for a period not to exceed 6 months, provided that the
   85  trainee is under the direct supervision, as determined by rule
   86  of the department, of a certified 911 emergency dispatcher with
   87  a minimum of 2 years’ experience.
   88         (b)(a)An applicant Any person who desires to be certified
   89  or recertified as a 911 emergency dispatcher must may apply to
   90  the department under oath on forms provided by the department.
   91  The department shall establish by rule educational and training
   92  criteria for the certification and recertification of 911
   93  emergency dispatchers.
   94         (c)(b) The department shall determine whether the applicant
   95  meets the requirements specified in this section and in rules of
   96  the department and shall issue a certificate to any person who
   97  meets such requirements. Such requirements must include, but
   98  need not be limited to, the following:
   99         1. Completion of an appropriate 911 emergency dispatcher
  100  training program that is equivalent to the most recently
  101  approved emergency dispatcher course of the Department of
  102  Education and consists of not less than 232 208 hours. The
  103  requirement of this subparagraph may be satisfied by the
  104  completion of a certified dispatch training program, or the
  105  certified dispatch training program of a certified dispatch
  106  training center, if the program or center has applied to and
  107  received approval from the department pursuant to paragraph
  108  (3)(a) or paragraph (4)(a);
  109         2. Completion and documentation of at least 2 years of
  110  supervised full-time employment as a 911 emergency dispatcher
  111  since January 1, 2002;
  112         2.3. Certification under oath that the applicant is not
  113  addicted to alcohol or any controlled substance;
  114         3.4. Certification under oath that the applicant is free
  115  from any physical or mental defect or disease that might impair
  116  the applicant’s ability to perform his or her duties;
  117         4.5. Submission of the application fee prescribed in
  118  subsection (5) (3); and
  119         5.6. Submission of a completed application to the
  120  department which indicates compliance with subparagraphs 1., 2.,
  121  and 3., and 4.
  122         (d)(c) The department shall establish by rule a procedure
  123  for the quadrennial biennial renewal certification of 911
  124  emergency dispatchers.
  125         (e)(d) Each 911 emergency dispatcher certificate expires
  126  automatically if not renewed at the end of the 4-year 2-year
  127  period and may be renewed if the holder meets the qualifications
  128  for renewal as established by the department. A certificate that
  129  is not renewed at the end of the 4-year 2-year period
  130  automatically reverts to an inactive status for a period that
  131  may not exceed 180 days. Such certificate may be reactivated and
  132  renewed within the 180-day period if the certificateholder meets
  133  all other qualifications for renewal and pays a $50 late fee.
  134  Reactivation shall be in a manner and on forms prescribed by
  135  department rule.
  136         (f)(e) The department may suspend or revoke a certificate
  137  at any time if it determines that the certificateholder does not
  138  meet the applicable qualifications.
  139         (g)(f) A certificateholder may request that his or her 911
  140  emergency dispatcher certificate be placed on inactive status by
  141  applying to the department before his or her current
  142  certification expires and paying a fee set by the department
  143  which may not exceed $100.
  144         1. A certificateholder whose certificate has been on
  145  inactive status for 1 year or less may renew his or her
  146  certificate pursuant to the rules adopted by the department and
  147  upon payment of a renewal fee set by the department which may
  148  not exceed $100.
  149         2. A certificateholder whose certificate has been on
  150  inactive status for more than 1 year may renew his or her
  151  certificate pursuant to rules adopted by the department.
  152         3. A certificate that has been inactive for more than 6
  153  years automatically expires and may not be renewed.
  154         (h)(g) The department shall establish by rule a procedure
  155  for the initial certification of 911 emergency dispatchers as
  156  defined in this section who have documentation of at least 5
  157  years of supervised full-time employment as a 911 emergency
  158  dispatcher since January 1, 2002. This paragraph shall expire on
  159  October 1, 2012.
  160         (3) CERTIFIED DISPATCH TRAINING CENTERS.—
  161         (a) A certified dispatch training center must apply to the
  162  department on forms provided by the department to obtain
  163  approval prior to being eligible to provide 911 emergency
  164  dispatcher training to applicants under this section.
  165         (b) Certified dispatch training centers shall notify the
  166  department of each individual who has successfully completed a
  167  911 emergency dispatch course in public safety
  168  telecommunications within 2 weeks after the individual’s course
  169  completion date and shall certify to the department the
  170  individual’s compliance for certification as described in this
  171  section.
  172         (c) The department shall establish by rule a procedure for
  173  the quadrennial review and approval of certified dispatch
  174  training centers to verify compliance with training standards
  175  required by this section.
  176         (4) CERTIFIED DISPATCH TRAINING PROGRAMS.—
  177         (a) A certified dispatch training program must apply to the
  178  department on forms provided by the department to obtain
  179  approval prior to being eligible to provide 911 emergency
  180  dispatcher training to applicants under this section.
  181         (b) Certified dispatch training programs shall notify the
  182  department of each individual who has successfully completed a
  183  911 emergency dispatch course in public safety
  184  telecommunications within 2 weeks after the individual’s course
  185  completion date and shall certify to the department the
  186  individual’s compliance for certification as described in this
  187  section.
  188         (c) The department shall establish by rule a procedure for
  189  the quadrennial review and approval of the certified dispatch
  190  training programs to verify compliance with training standards
  191  required by this section.
  192         (5)(3) FEES.—
  193         (a) The fee for application for the 911 emergency
  194  dispatcher original certificate is $75.
  195         (b) The application fee for the 911 emergency dispatcher
  196  quadrennial biennial renewal certificate is $100.
  197         (c) Fees collected under this section shall be deposited
  198  into the Emergency Medical Services Trust Fund and used solely
  199  for salaries and expenses of the department incurred in
  200  administering this section.
  201         (d) If a certificate issued under this section is lost or
  202  destroyed, the person to whom the certificate was issued may,
  203  upon payment of a fee set by the department which may not exceed
  204  $25, obtain a duplicate or substitute certificate.
  205         (e) Upon surrender of the original 911 emergency dispatcher
  206  certificate and receipt of a replacement fee set by the
  207  department which may not exceed $25, the department shall issue
  208  a replacement certificate to make a change in name.
  209         (f) The department shall charge a fee not to exceed $100
  210  for the initial review and approval of 911 emergency dispatch
  211  training programs offered by certified dispatch training centers
  212  and certified dispatch training programs to determine compliance
  213  with paragraph (3)(a) or paragraph (4)(a).
  214         (g) The department shall charge a fee not to exceed $75 for
  215  quadrennial review and approval of training programs authorized
  216  by this section.
  217         (h) Employees of certified dispatch training centers are
  218  exempt from all fees under this subsection.
  219         (6) APPLICATION PROCEDURES.—
  220         (a) The department may by rule require any category of
  221  application or certification to be applied for or renewed online
  222  using an online application and certification renewal system. In
  223  the case of online renewal, the department shall provide a
  224  secure means by which the applicant may print a receipt for the
  225  properly prepared application. Alternatively, when the online
  226  application and certification renewal system is in operation,
  227  the licensing authority may require payment of an additional
  228  fee, not to exceed $25, to be paid by applicants who elect to
  229  use paper applications or certificate renewal forms in lieu of
  230  the online system.
  231         (b) Certified dispatch training centers may electronically
  232  certify to the department employees who have completed training
  233  in compliance with this section.
  234         Section 2. Paragraphs (g) and (k) of subsection (1) of
  235  section 401.411, Florida Statutes, are amended to read:
  236         401.411 Disciplinary action; penalties.—
  237         (1) The department may deny, suspend, or revoke a license,
  238  certificate, or permit or may reprimand or fine any licensee,
  239  certificateholder, or other person operating under this part for
  240  any of the following grounds:
  241         (g) Unprofessional conduct, including, but not limited to,
  242  any departure from or failure to conform to the minimal
  243  prevailing standards of acceptable practice under this part as
  244  an emergency medical technician or paramedic, including
  245  undertaking activities when that the emergency medical
  246  technician or paramedic is not qualified by training or
  247  experience to perform.
  248         (k) Practicing as an emergency medical technician,
  249  paramedic, or other health care professional, or other
  250  professional operating under this part without reasonable skill
  251  and safety to the public patients by reason of illness,
  252  drunkenness, or the use of drugs, narcotics, or chemicals or any
  253  other substance or as a result of any mental or physical
  254  condition.
  255         Section 3. This act shall take effect October 1, 2009.