Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 2040
Barcode 277682
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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.