Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2040
       
       
       
       
       
       
                                Barcode 277682                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Community Affairs (Wise) 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,
    6  to 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 232 hours.
   29         (d) “Certified dispatch training program” means a 911
   30  emergency dispatch training program offered by an educational
   31  institution approved by the Department of Education to offer
   32  such program that is equivalent to the most recently approved
   33  emergency dispatch course in public safety telecommunications of
   34  the Department of Education and consists of not less than 232
   35  hours.
   36         (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
   37         (a) Effective October 1, 2012, any person serving as a 911
   38  emergency dispatcher must be certified by the department.
   39  Notwithstanding this requirement, a public safety agency as
   40  defined s. 365.171(3)(d) may employ a 911 emergency dispatcher
   41  trainee for a period not to exceed 6 months, provided that the
   42  trainee is under the direct supervision, as determined by rule
   43  of the department, of a certified 911 emergency dispatcher with
   44  a minimum of 2 years’ experience.
   45         (b)(a)An applicant Any person who desires to be certified
   46  or recertified as a 911 emergency dispatcher must may apply to
   47  the department under oath on forms provided by the department.
   48  The department shall establish by rule educational and training
   49  criteria for the certification and recertification of 911
   50  emergency dispatchers.
   51         (c)(b) The department shall determine whether the applicant
   52  meets the requirements specified in this section and in rules of
   53  the department and shall issue a certificate to any person who
   54  meets such requirements. Such requirements must include, but
   55  need not be limited to, the following:
   56         1. Completion of an appropriate 911 emergency dispatcher
   57  training program that is equivalent to the most recently
   58  approved emergency dispatcher course of the Department of
   59  Education and consists of not less than 232 208 hours. The
   60  requirement of this subparagraph may be satisfied by the
   61  completion of a certified dispatch training program, or the
   62  certified dispatch training program of a certified dispatch
   63  training center, if the program or center has applied to and
   64  received approval from the department pursuant to paragraph
   65  (3)(a) or paragraph (4)(a);
   66         2. Completion and documentation of at least 2 years of
   67  supervised full-time employment as a 911 emergency dispatcher
   68  since January 1, 2002;
   69         2.3. Certification under oath that the applicant is not
   70  addicted to alcohol or any controlled substance;
   71         3.4. Certification under oath that the applicant is free
   72  from any physical or mental defect or disease that might impair
   73  the applicant’s ability to perform his or her duties;
   74         4.5. Submission of the application fee prescribed in
   75  subsection (5) (3); and
   76         5.6. Submission of a completed application to the
   77  department which indicates compliance with subparagraphs 1., 2.,
   78  and 3., and 4.
   79         (d)(c) The department shall establish by rule a procedure
   80  for the quadrennial biennial renewal certification of 911
   81  emergency dispatchers.
   82         (e)(d) Each 911 emergency dispatcher certificate expires
   83  automatically if not renewed at the end of the 4-year 2-year
   84  period and may be renewed if the holder meets the qualifications
   85  for renewal as established by the department. A certificate that
   86  is not renewed at the end of the 4-year 2-year period
   87  automatically reverts to an inactive status for a period that
   88  may not exceed 180 days. Such certificate may be reactivated and
   89  renewed within the 180-day period if the certificateholder meets
   90  all other qualifications for renewal and pays a $50 late fee.
   91  Reactivation shall be in a manner and on forms prescribed by
   92  department rule.
   93         (f)(e) The department may suspend or revoke a certificate
   94  at any time if it determines that the certificateholder does not
   95  meet the applicable qualifications.
   96         (g)(f) A certificateholder may request that his or her 911
   97  emergency dispatcher certificate be placed on inactive status by
   98  applying to the department before his or her current
   99  certification expires and paying a fee set by the department
  100  which may not exceed $100.
  101         1. A certificateholder whose certificate has been on
  102  inactive status for 1 year or less may renew his or her
  103  certificate pursuant to the rules adopted by the department and
  104  upon payment of a renewal fee set by the department which may
  105  not exceed $100.
  106         2. A certificateholder whose certificate has been on
  107  inactive status for more than 1 year may renew his or her
  108  certificate pursuant to rules adopted by the department.
  109         3. A certificate that has been inactive for more than 6
  110  years automatically expires and may not be renewed.
  111         (h)(g) The department shall establish by rule a procedure
  112  for the initial certification of 911 emergency dispatchers as
  113  defined in this section who have documentation of at least 5
  114  years of supervised full-time employment as a 911 emergency
  115  dispatcher since January 1, 2002. This paragraph shall expire on
  116  October 1, 2012.
  117         (3) CERTIFIED DISPATCH TRAINING CENTERS.—
  118         (a) A certified dispatch training center must apply to the
  119  department on forms provided by the department to obtain
  120  approval prior to being eligible to provide 911 emergency
  121  dispatcher training to applicants under this section.
  122         (b) Certified dispatch training centers shall notify the
  123  department of each individual who has successfully completed a
  124  911 emergency dispatch course in public safety
  125  telecommunications within 2 weeks after the individual’s course
  126  completion date and shall certify to the department the
  127  individual’s compliance for certification as described in this
  128  section.
  129         (c) The department shall establish by rule a procedure for
  130  the quadrennial review and approval of certified dispatch
  131  training centers to verify compliance with training standards
  132  required by this section.
  133         (4) CERTIFIED DISPATCH TRAINING PROGRAMS.—
  134         (a) A certified dispatch training program must apply to the
  135  department on forms provided by the department to obtain
  136  approval prior to being eligible to provide 911 emergency
  137  dispatcher training to applicants under this section.
  138         (b) Certified dispatch training programs shall notify the
  139  department of each individual who has successfully completed a
  140  911 emergency dispatch course in public safety
  141  telecommunications within 2 weeks after the individual’s course
  142  completion date and shall certify to the department the
  143  individual’s compliance for certification as described in this
  144  section.
  145         (c) The department shall establish by rule a procedure for
  146  the quadrennial review and approval of the certified dispatch
  147  training programs to verify compliance with training standards
  148  required by this section.
  149         (5)(3) FEES.—
  150         (a) The fee for application for the 911 emergency
  151  dispatcher original certificate is $75.
  152         (b) The application fee for the 911 emergency dispatcher
  153  biennial renewal certificate is $100.
  154         (c) Fees collected under this section shall be deposited
  155  into the Emergency Medical Services Trust Fund and used solely
  156  for salaries and expenses of the department incurred in
  157  administering this section.
  158         (d) If a certificate issued under this section is lost or
  159  destroyed, the person to whom the certificate was issued may,
  160  upon payment of a fee set by the department which may not exceed
  161  $25, obtain a duplicate or substitute certificate.
  162         (e) Upon surrender of the original 911 emergency dispatcher
  163  certificate and receipt of a replacement fee set by the
  164  department which may not exceed $25, the department shall issue
  165  a replacement certificate to make a change in name.
  166         (f) The department shall charge a fee not to exceed $100
  167  for the initial review and approval of 911 emergency dispatch
  168  training programs offered by certified dispatch training centers
  169  and certified dispatch training programs to determine compliance
  170  with paragraph (3)(a) or paragraph (4)(a).
  171         (g) The department shall charge a fee not to exceed $75 for
  172  quadrennial review and approval of training programs authorized
  173  by this section.
  174         (h) Employees of certified dispatch training centers are
  175  exempt from all fees under this subsection.
  176         (6) APPLICATION PROCEDURES.—
  177         (a) The department may by rule require any category of
  178  application or certification to be applied for or renewed online
  179  using an online application and certification renewal system. In
  180  the case of online renewal, the department shall provide a
  181  secure means by which the applicant may print a receipt for the
  182  properly prepared application. Alternatively, when the online
  183  application and certification renewal system is in operation,
  184  the licensing authority may require payment of an additional
  185  fee, not to exceed $25, to be paid by applicants who elect to
  186  use paper applications or certificate renewal forms in lieu of
  187  the online system.
  188         (b) Certified dispatch training centers may electronically
  189  certify to the department employees who have completed training
  190  in compliance with this section.
  191         Section 2. Paragraphs (g) and (k) of subsection (1) of
  192  section 401.411, Florida Statutes, are amended to read:
  193         401.411 Disciplinary action; penalties.—
  194         (1) The department may deny, suspend, or revoke a license,
  195  certificate, or permit or may reprimand or fine any licensee,
  196  certificateholder, or other person operating under this part for
  197  any of the following grounds:
  198         (g) Unprofessional conduct, including, but not limited to,
  199  any departure from or failure to conform to the minimal
  200  prevailing standards of acceptable practice under this part as
  201  an emergency medical technician or paramedic, including
  202  undertaking activities when that the emergency medical
  203  technician or paramedic is not qualified by training or
  204  experience to perform.
  205         (k) Practicing as an emergency medical technician,
  206  paramedic, or other health care professional, or other
  207  professional operating under this part without reasonable skill
  208  and safety to the public patients by reason of illness,
  209  drunkenness, or the use of drugs, narcotics, or chemicals or any
  210  other substance or as a result of any mental or physical
  211  condition.
  212         Section 3. This act shall take effect October 1, 2009.
  213  
  214  ================= T I T L E  A M E N D M E N T ================
  215         And the title is amended as follows:
  216         Delete everything before the enacting clause
  217  and insert:
  218                        A bill to be entitled                      
  219         An act relating to 911 emergency dispatcher
  220         certification; amending s. 401.465, F.S.; defining
  221         “certified dispatch training center“ and “certified
  222         dispatch training program“; requiring any person
  223         serving as a 911 emergency dispatcher to be certified
  224         by the Department of Health on or after a specified
  225         date; providing conditions under which a public safety
  226         agency may employ a 911 emergency dispatcher trainee
  227         for a limited period; requiring applicants to apply
  228         for certification or recertification on a specified
  229         form; providing for satisfaction of the training
  230         program requirement by completion of a certified
  231         dispatch training program or the training program of a
  232         certified dispatch training center; eliminating a
  233         requirement for certification; providing for
  234         quadrennial renewal of certification; providing for
  235         expiration of initial certification procedure for
  236         specified dispatchers under department rule; requiring
  237         certified dispatch training centers and certified
  238         dispatch training programs to apply to the department
  239         for approval as a condition of eligibility to provide
  240         911 emergency dispatcher training to applicants;
  241         requiring certified dispatch training centers and
  242         certified dispatch training programs to certify to the
  243         department applicants‘ compliance for certification;
  244         requiring the department to establish a procedure for
  245         the quadrennial review and approval of certified
  246         dispatch training centers and certified dispatch
  247         training programs by rule; requiring the assessment of
  248         fees for specified review and approval of 911
  249         emergency dispatch training programs offered by
  250         certified dispatch training centers and certified
  251         dispatch training programs; providing an exemption
  252         from fees; providing application procedures;
  253         authorizing the department to require online
  254         application for and renewal of certification by rule;
  255         authorizing assessment of an additional application
  256         fee under certain circumstances; authorizing
  257         electronic certification of specified persons;
  258         amending s. 401.411, F.S.; clarifying certain grounds
  259         for disciplinary actions or the imposition of
  260         penalties by the department; providing an effective
  261         date.