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An act relating to emergency dispatchers; providing a

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short title; creating s. 401.465, F.S.; providing

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definitions; requiring the Department of Health to

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establish criteria for the certification of 911 emergency

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dispatchers; providing requirements for certification;

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requiring the department to determine if an applicant

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meets the requirements for certification; requiring the

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department to establish a procedure for certificate

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renewal; providing for the expiration and renewal of

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certificates; authorizing the department to suspend or

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revoke a certificate; providing that a certificateholder

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may request inactivation of his or her certification;

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providing requirements for renewing an inactive

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certificate; requiring the department to establish a

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procedure for the initial certification of certain 911

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emergency dispatchers; providing fees for original

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application and renewal of a certificate; requiring that

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fees be deposited in a trust fund and used for specified

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purposes; providing for replacement of a lost or destroyed

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certificate; requiring the department to issue a

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replacement certificate under certain circumstances;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Denise Amber Lee

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Act."

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     Section 2.  Section 401.5, Florida Statutes, is created to

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read:

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     401.465 911 emergency dispatcher certification.--

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     (1) DEFINITIONS.--As used in this section, the term:

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     (a) "911 emergency dispatcher" means a person employed by a

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state agency or local government as a public safety dispatcher or

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911 operator whose duties and responsibilities include answering

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911 calls; dispatching law enforcement officers, fire rescue

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services, emergency medical services, and other public safety

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services to the scene of an emergency; providing real-time

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information from federal, state, and local crime databases; or

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supervising or serving as the command officer to a person or

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persons having such duties and responsibilities. However, the

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term does not include administrative support personnel,

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including, but not limited to, those whose primary duties and

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responsibilities are in accounting, purchasing, legal, and

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personnel.

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     (b) "Department" means the Department of Health.

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     (2) PERSONNEL; STANDARDS AND CERTIFICATION.--

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     (a) Any person who desires to be certified or recertified

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as a 911 emergency dispatcher may apply to the department under

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oath on forms provided by the department. The department shall

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establish by rule educational and training criteria for the

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certification and recertification of 911 emergency dispatchers.

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     (b) The department shall determine whether the applicant

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meets the requirements specified in this section and in rules of

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the department and shall issue a certificate to any person who

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meets such requirements. Such requirements must include, but need

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not be limited to, the following:

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     1. Completion of an appropriate 911 emergency dispatcher

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training program that is equivalent to the most recently approved

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emergency dispatcher course of the Department of Education and

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consists of not less than 208 hours;

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     2. Completion and documentation of at least 2 years of

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supervised full-time employment as a 911 emergency dispatcher

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since January 1, 2002;

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     3. Certification under oath that the applicant is not

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addicted to alcohol or any controlled substance;

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     4. Certification under oath that the applicant is free from

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any physical or mental defect or disease that might impair the

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applicant's ability to perform his or her duties;

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     5. Submission of the application fee prescribed in

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subsection (3); and

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     6. Submission of a completed application to the department

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which indicates compliance with subparagraphs 1., 2., 3., and 4.

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     (c) The department shall establish by rule a procedure for

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the biennial renewal certification of 911 emergency dispatchers.

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     (d) Each 911 emergency dispatcher certificate expires

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automatically if not renewed at the end of the 2-year period and

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may be renewed if the holder meets the qualifications for renewal

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as established by the department. A certificate that is not

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renewed at the end of the 2-year period automatically reverts to

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an inactive status for a period that may not exceed 180 days.

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Such certificate may be reactivated and renewed within the 180-

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day period if the certificateholder meets all other

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qualifications for renewal and pays a $50 late fee. Reactivation

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shall be in a manner and on forms prescribed by department rule.

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     (e) The department may suspend or revoke a certificate at

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any time if it determines that the certificateholder does not

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meet the applicable qualifications.

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     (f) A certificateholder may request that his or her 911

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emergency dispatcher certificate be placed on inactive status by

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applying to the department before his or her current

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certification expires and paying a fee set by the department

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which may not exceed $100.

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     1. A certificateholder whose certificate has been on

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inactive status for 1 year or less may renew his or her

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certificate pursuant to the rules adopted by the department and

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upon payment of a renewal fee set by the department which may not

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exceed $100.

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     2. A certificateholder whose certificate has been on

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inactive status for more than 1 year may renew his or her

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certificate pursuant to rules adopted by the department.

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     3. A certificate that has been inactive for more than 6

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years automatically expires and may not be renewed.

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     (g) The department shall establish by rule a procedure for

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the initial certification of 911 emergency dispatchers as defined

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in this section who have documentation of at least 5 years of

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supervised full-time employment as a 911 emergency dispatcher

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since January 1, 2002.

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     (3) FEES.--

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     (a) The fee for application for the 911 emergency

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dispatcher original certificate is $75.

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     (b) The application fee for the 911 emergency dispatcher

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biennial renewal certificate is $100.

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     (c) Fees collected under this section shall be deposited

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into the Emergency Medical Services Trust Fund and used solely

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for salaries and expenses of the department incurred in

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administering this section.

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     (d) If a certificate issued under this section is lost or

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destroyed, the person to whom the certificate was issued may,

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upon payment of a fee set by the department which may not exceed

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$25, obtain a duplicate or substitute certificate.

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     (e) Upon surrender of the original 911 emergency dispatcher

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certificate and receipt of a replacement fee set by the

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department which may not exceed $25, the department shall issue a

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replacement certificate to make a change in name.

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     Section 3.  This act shall take effect October 1, 2008.