CS/HB 769

1
A bill to be entitled
2An act relating to 911 emergency dispatcher certification;
3amending s. 401.465, F.S.; defining "certified dispatch
4training center" and "certified dispatch training
5program"; requiring any person serving as a 911 emergency
6dispatcher to be certified by the Department of Health on
7or after a specified date; providing conditions under
8which a public safety agency may employ a 911 emergency
9dispatcher trainee for a limited period; requiring
10applicants to apply for certification or recertification  
11on a specified form; providing for satisfaction of the
12training program requirement by completion of a certified
13dispatch training program or the training program of a
14certified dispatch training center; eliminating a
15requirement for certification; providing for quadrennial
16renewal of certification; providing for expiration of
17initial certification procedure for specified dispatchers
18under department rule; requiring certified dispatch
19training centers and certified dispatch training programs
20to apply to the department for approval as a condition of
21eligibility to provide 911 emergency dispatcher training
22to applicants; requiring certified dispatch training
23centers and certified dispatch training programs to
24certify to the department applicants' compliance for
25certification; requiring the department to establish a
26procedure for the quadrennial review and approval of
27certified dispatch training centers and certified dispatch
28training programs by rule; requiring the assessment of
29fees for specified review and approval of 911 emergency
30dispatch training programs offered by certified dispatch
31training centers and certified dispatch training programs;
32providing an exemption from fees; providing application
33procedures; authorizing the department to require online
34application for and renewal of certification by rule;
35authorizing assessment of an additional application fee
36under certain circumstances; authorizing electronic
37certification of specified persons; amending s. 401.411,
38F.S.; clarifying certain grounds for disciplinary actions
39or the imposition of penalties by the department;
40providing an effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Section 401.465, Florida Statutes, is amended,
45to read:
46     401.465  911 emergency dispatcher certification.--
47     (1)  DEFINITIONS.--As used in this section, the term:
48     (a)  "911 emergency dispatcher" means a person employed by
49a state agency or local government as a public safety dispatcher
50or 911 operator whose duties and responsibilities include
51answering 911 calls; dispatching law enforcement officers, fire
52rescue services, emergency medical services, and other public
53safety services to the scene of an emergency; providing real-
54time information from federal, state, and local crime databases;
55or supervising or serving as the command officer to a person or
56persons having such duties and responsibilities. However, the
57term does not include administrative support personnel,
58including, but not limited to, those whose primary duties and
59responsibilities are in accounting, purchasing, legal, and
60personnel.
61     (b)  "Department" means the Department of Health.
62     (c)  "Certified dispatch training center" means any public
63safety agency as defined in s. 365.171(3)(d) employing 911
64emergency dispatchers whose training program is equivalent to
65the most recently approved emergency dispatch course in public
66safety telecommunications of the Department of Education and
67consists of not less than 208 hours.
68     (d)  "Certified dispatch training program" means a 911
69emergency dispatch training program offered by an educational
70institution approved by the Department of Education to offer
71such program that is equivalent to the most recently approved
72emergency dispatch course in public safety telecommunications of
73the Department of Education and consists of not less than 208  
74hours.
75     (2)  PERSONNEL; STANDARDS AND CERTIFICATION.--
76     (a)  Effective October 1, 2012, any person serving as a 911
77emergency dispatcher must be certified by the department.
78Notwithstanding this requirement, a public safety agency as
79defined s. 365.171(3)(d) may employ a 911 emergency dispatcher
80trainee for a period not to exceed 6 months, provided that the
81trainee is under the direct supervision, as determined by rule
82of the department, of a certified 911 emergency dispatcher with
83a minimum of 2 years' experience.
84     (b)(a)  An applicant Any person who desires to be certified
85or recertified as a 911 emergency dispatcher must may apply to
86the department under oath on forms provided by the department.
87The department shall establish by rule educational and training
88criteria for the certification and recertification of 911
89emergency dispatchers.
90     (c)(b)  The department shall determine whether the
91applicant meets the requirements specified in this section and
92in rules of the department and shall issue a certificate to any
93person who meets such requirements. Such requirements must
94include, but need not be limited to, the following:
95     1.  Completion of an appropriate 911 emergency dispatcher
96training program that is equivalent to the most recently
97approved emergency dispatcher course of the Department of
98Education and consists of not less than 208 hours. The
99requirement of this subparagraph may be satisfied by the
100completion of a certified dispatch training program, or the
101certified dispatch training program of a certified dispatch
102training center, if the program or center has applied to and
103received approval from the department pursuant to paragraph
104(3)(a) or paragraph (4)(a);
105     2.  Completion and documentation of at least 2 years of
106supervised full-time employment as a 911 emergency dispatcher
107since January 1, 2002;
108     2.3.  Certification under oath that the applicant is not
109addicted to alcohol or any controlled substance;
110     3.4.  Certification under oath that the applicant is free
111from any physical or mental defect or disease that might impair
112the applicant's ability to perform his or her duties;
113     4.5.  Submission of the application fee prescribed in
114subsection (5) (3); and
115     5.6.  Submission of a completed application to the
116department which indicates compliance with subparagraphs 1., 2.,
117and 3., and 4.
118     (d)(c)  The department shall establish by rule a procedure
119for the quadrennial biennial renewal certification of 911
120emergency dispatchers.
121     (e)(d)  Each 911 emergency dispatcher certificate expires
122automatically if not renewed at the end of the 4-year 2-year
123period and may be renewed if the holder meets the qualifications
124for renewal as established by the department. A certificate that
125is not renewed at the end of the 4-year 2-year period
126automatically reverts to an inactive status for a period that
127may not exceed 180 days. Such certificate may be reactivated and
128renewed within the 180-day period if the certificateholder meets
129all other qualifications for renewal and pays a $50 late fee.
130Reactivation shall be in a manner and on forms prescribed by
131department rule.
132     (f)(e)  The department may suspend or revoke a certificate
133at any time if it determines that the certificateholder does not
134meet the applicable qualifications.
135     (g)(f)  A certificateholder may request that his or her 911
136emergency dispatcher certificate be placed on inactive status by
137applying to the department before his or her current
138certification expires and paying a fee set by the department
139which may not exceed $100.
140     1.  A certificateholder whose certificate has been on
141inactive status for 1 year or less may renew his or her
142certificate pursuant to the rules adopted by the department and
143upon payment of a renewal fee set by the department which may
144not exceed $100.
145     2.  A certificateholder whose certificate has been on
146inactive status for more than 1 year may renew his or her
147certificate pursuant to rules adopted by the department.
148     3.  A certificate that has been inactive for more than 6
149years automatically expires and may not be renewed.
150     (h)(g)  The department shall establish by rule a procedure
151for the initial certification of 911 emergency dispatchers as
152defined in this section who have documentation of at least 5
153years of supervised full-time employment as a 911 emergency
154dispatcher since January 1, 2002. This paragraph shall expire on
155October 1, 2012.
156     (3)  CERTIFIED DISPATCH TRAINING CENTERS.--
157     (a)  A certified dispatch training center must apply to the
158department on forms provided by the department to obtain
159approval prior to being eligible to provide 911 emergency
160dispatcher training to applicants under this section.
161     (b)  Certified dispatch training centers shall notify the
162department of each individual who has successfully completed a
163911 emergency dispatch course in public safety
164telecommunications within 2 weeks after the individual's course
165completion date and shall certify to the department the
166individual's compliance for certification as described in this
167section.
168     (c)  The department shall establish by rule a procedure for
169the quadrennial review and approval of certified dispatch
170training centers to verify compliance with training standards
171required by this section.
172     (4)  CERTIFIED DISPATCH TRAINING PROGRAMS.--
173     (a)  A certified dispatch training program must apply to
174the department on forms provided by the department to obtain
175approval prior to being eligible to provide 911 emergency
176dispatcher training to applicants under this section.
177     (b)  Certified dispatch training programs shall notify the
178department of each individual who has successfully completed a
179911 emergency dispatch course in public safety
180telecommunications within 2 weeks after the individual's course
181completion date and shall certify to the department the
182individual's compliance for certification as described in this
183section.
184     (c)  The department shall establish by rule a procedure for
185the quadrennial review and approval of the certified dispatch
186training programs to verify compliance with training standards
187required by this section.
188     (5)(3)  FEES.--
189     (a)  The fee for application for the 911 emergency
190dispatcher original certificate is $75.
191     (b)  The application fee for the 911 emergency dispatcher
192biennial renewal certificate is $100.
193     (c)  Fees collected under this section shall be deposited
194into the Emergency Medical Services Trust Fund and used solely
195for salaries and expenses of the department incurred in
196administering this section.
197     (d)  If a certificate issued under this section is lost or
198destroyed, the person to whom the certificate was issued may,
199upon payment of a fee set by the department which may not exceed
200$25, obtain a duplicate or substitute certificate.
201     (e)  Upon surrender of the original 911 emergency
202dispatcher certificate and receipt of a replacement fee set by
203the department which may not exceed $25, the department shall
204issue a replacement certificate to make a change in name.
205     (f)  The department shall charge a fee not to exceed $100
206for the initial review and approval of 911 emergency dispatch
207training programs offered by certified dispatch training centers
208and certified dispatch training programs to determine compliance
209with paragraph (3)(a) or paragraph (4)(a).
210     (g)  The department shall charge a fee not to exceed $75
211for quadrennial review and approval of training programs
212authorized by this section.
213     (h)  Employees of certified dispatch training centers are
214exempt from all fees under this subsection.
215     (6)  APPLICATION PROCEDURES.--
216     (a)  The department may by rule require any category of
217application or certification to be applied for or renewed online
218using an online application and certification renewal system. In
219the case of online renewal, the department shall provide a
220secure means by which the applicant may print a receipt for the
221properly prepared application. Alternatively, when the online
222application and certification renewal system is in operation,
223the licensing authority may require payment of an additional
224fee, not to exceed $25, to be paid by applicants who elect to
225use paper applications or certificate renewal forms in lieu of
226the online system.
227     (b)  Certified dispatch training centers may electronically
228certify to the department employees who have completed training
229in compliance with this section.
230     Section 2.  Paragraphs (g) and (k) of subsection (1) of
231section 401.411, Florida Statutes, are amended to read:
232     401.411  Disciplinary action; penalties.--
233     (1)  The department may deny, suspend, or revoke a license,
234certificate, or permit or may reprimand or fine any licensee,
235certificateholder, or other person operating under this part for
236any of the following grounds:
237     (g)  Unprofessional conduct, including, but not limited to,
238any departure from or failure to conform to the minimal
239prevailing standards of acceptable practice under this part as
240an emergency medical technician or paramedic, including
241undertaking activities when that the emergency medical
242technician or paramedic is not qualified by training or
243experience to perform.
244     (k)  Practicing as an emergency medical technician,
245paramedic, or other health care professional, or other
246professional operating under this part without reasonable skill
247and safety to the public patients by reason of illness,
248drunkenness, or the use of drugs, narcotics, or chemicals or any
249other substance or as a result of any mental or physical
250condition.
251     Section 3.  This act shall take effect October 1, 2009.


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