HB 355

1
A bill to be entitled
2An act relating to public safety telecommunicators;
3amending s. 365.172, F.S.; including fees for
4certification and recertification collected by the
5Department of Health in authorized expenditures for E911
6services; amending s. 401.411, F.S.; revising
7applicability of certain disciplinary actions and
8penalties; amending s. 401.465, F.S.; redefining the term
9"emergency dispatcher" as "public safety
10telecommunicator"; defining the term "public safety
11telecommunication training program"; providing
12requirements for training and certification of a public
13safety telecommunicator, including fees; requiring the
14department to establish a procedure for the approval of
15public safety telecommunication training programs;
16providing for temporary waiver of certification
17requirements in an area of the state for which the
18Governor has declared a state of emergency; providing an
19effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Paragraph (b) of subsection (9) of section
24365.172, Florida Statutes, is amended to read:
25     365.172  Emergency communications number "E911."--
26     (9)  AUTHORIZED EXPENDITURES OF E911 FEE.--
27     (b)  All costs directly attributable to the establishment
28or provision of E911 service and contracting for E911 services
29are eligible for expenditure of moneys derived from imposition
30of the fee authorized by this section. These costs include the
31acquisition, implementation, and maintenance of Public Safety
32Answering Point (PSAP) equipment and E911 service features, as
33defined in the Public Service Commission's lawfully approved 911
34and E911 and related tariffs or the acquisition, installation,
35and maintenance of other E911 equipment, including call
36answering equipment, call transfer equipment, ANI controllers,
37ALI controllers, ANI displays, ALI displays, station
38instruments, E911 telecommunications systems, visual call
39information and storage devices, recording equipment, telephone
40devices and other equipment for the hearing impaired used in the
41E911 system, PSAP backup power systems, consoles, automatic call
42distributors, and interfaces, including hardware and software,
43for computer-aided dispatch (CAD) systems, integrated CAD
44systems for that portion of the systems used for E911 call
45taking, network clocks, salary and associated expenses for E911
46call takers for that portion of their time spent taking and
47transferring E911 calls, salary and associated expenses for a
48county to employ a full-time equivalent E911 coordinator
49position and a full-time equivalent mapping or geographical data
50position and a staff assistant position per county for the
51portion of their time spent administrating the E911 system,
52training costs for PSAP call takers, supervisors, and managers
53in the proper methods and techniques used in taking and
54transferring E911 calls, costs to train and educate PSAP
55employees regarding E911 service or E911 equipment, including
56Department of Health fees for the certification and
57recertification of 911 public safety telecommunicators as
58required under s. 401.465, and expenses required to develop and
59maintain all information, including ALI and ANI databases and
60other information source repositories, necessary to properly
61inform call takers as to location address, type of emergency,
62and other information directly relevant to the E911 call-taking
63and transferring function. Moneys derived from the fee may also
64be used for next-generation E911 network services, next-
65generation E911 database services, next-generation E911
66equipment, and wireless E911 routing systems.
67     Section 2.  Paragraphs (g) and (k) of subsection (1) of
68section 401.411, Florida Statutes, are amended to read:
69     401.411  Disciplinary action; penalties.--
70     (1)  The department may deny, suspend, or revoke a license,
71certificate, or permit or may reprimand or fine any licensee,
72certificateholder, or other person operating under this part for
73any of the following grounds:
74     (g)  Unprofessional conduct, including, but not limited to,
75any departure from or failure to conform to the minimal
76prevailing standards of acceptable practice under this part as
77an emergency medical technician or paramedic, including
78undertaking activities that the emergency medical technician, or
79paramedic, health care professional, or other professional is
80not qualified by training or experience to perform.
81     (k)  Practicing as an emergency medical technician,
82paramedic, or other health care professional, or other
83professional operating under this part without reasonable skill
84and without regard for the safety of the public to patients by
85reason of illness, drunkenness, or the use of drugs, narcotics,
86or chemicals or any other substance or as a result of any mental
87or physical condition.
88     Section 3.  Section 401.465, Florida Statutes, is amended
89to read:
90     401.465  911 public safety telecommunicator emergency
91dispatcher certification.--
92     (1)  DEFINITIONS.--As used in this section, the term:
93     (a)  "911 public safety telecommunicator emergency
94dispatcher" means a person employed by a state agency or local
95government as a public safety dispatcher or 911 operator whose
96duties and responsibilities include the answering, receiving,
97transferring, and dispatching functions related to 911 calls;
98dispatching law enforcement officers, fire rescue services,
99emergency medical services, and other public safety services to
100the scene of an emergency; providing real-time information from
101federal, state, and local crime databases; or supervising or
102serving as the command officer to a person or persons having
103such duties and responsibilities. However, the term does not
104include administrative support personnel, including, but not
105limited to, those whose primary duties and responsibilities are
106in accounting, purchasing, legal, and personnel.
107     (b)  "Department" means the Department of Health.
108     (c)  "Public safety telecommunication training program"
109means a 911 emergency public safety telecommunications training
110program that the department determines to be equivalent to the
111most recent public safety telecommunication training program
112curriculum framework developed by the Department of Education
113and consists of not less than 232 hours.
114     (2)  PERSONNEL; STANDARDS AND CERTIFICATION.--
115     (a)  Effective October 1, 2011, any person employed as a
116911 public safety telecommunicator at a public safety answering
117point, as defined s. 365.172(3)(a), must be certified by the
118department.
119     (b)  A public safety agency, as defined s. 365.171(3)(d),
120may employ a 911 public safety telecommunicator trainee for a
121period not to exceed 12 months, provided the trainee is under
122the direct supervision of a certified 911 public safety
123telecommunicator, as determined by rule of the department, and
124is enrolled in a public safety telecommunication training
125program.
126     (c)(a)  An applicant for certification or recertification
127Any person who desires to be certified or recertified as a 911
128public safety telecommunicator must emergency dispatcher may
129apply to the department under oath on forms provided by the
130department. The department shall establish by rule educational
131and training criteria for the certification and recertification
132of 911 public safety telecommunicators emergency dispatchers.
133     (d)(b)  The department shall determine whether the
134applicant meets the requirements specified in this section and
135in rules of the department and shall issue a certificate to any
136person who meets such requirements. Such requirements must
137include, but need not be limited to, the following:
138     1.  Completion of an appropriate 911 public safety
139telecommunication emergency dispatcher training program that is
140equivalent to the most recently approved emergency dispatcher
141course of the Department of Education and consists of not less
142than 208 hours;
143     2.  Completion and documentation of at least 2 years of
144supervised full-time employment as a 911 emergency dispatcher
145since January 1, 2002;
146     2.3.  Certification under oath that the applicant is not
147addicted to alcohol or any controlled substance;
148     3.4.  Certification under oath that the applicant is free
149from any physical or mental defect or disease that might impair
150the applicant's ability to perform his or her duties;
151     4.5.  Submission of the application fee prescribed in
152subsection (3); and
153     5.6.  Submission of a completed application to the
154department which indicates compliance with subparagraphs 1., 2.,
155and 3.;, and 4.
156     6.  Effective October 1, 2011, passage of an examination
157administered by the department that measures the applicant's
158competency and proficiency in the subject material of the public
159safety telecommunication training program.
160     (e)(c)  The department shall establish by rule a procedure
161that requires 20 hours of training for the biennial renewal
162certification of 911 public safety telecommunicators emergency
163dispatchers.
164     (f)(d)  A Each 911 public safety telecommunicator emergency
165dispatcher certificate expires automatically if not renewed at
166the end of the 2-year period and may be renewed if the holder
167meets the qualifications for renewal as established by the
168department. A certificate that is not renewed at the end of the
1692-year period automatically reverts to an inactive status for a
170period that may not exceed 180 days. Such certificate may be
171reactivated and renewed within the 180-day period if the
172certificateholder meets all other qualifications for renewal and
173pays a $50 late fee. Reactivation shall be in a manner and on
174forms prescribed by department rule.
175     (g)(e)  The department may suspend or revoke a certificate
176at any time if it determines that the certificateholder does not
177meet the applicable qualifications.
178     (h)(f)  A certificateholder may request that his or her 911
179public safety telecommunicator emergency dispatcher certificate
180be placed on inactive status by applying to the department
181before his or her current certification expires and paying a fee
182set by the department, which may not exceed $75 $100.
183     1.  A certificateholder whose certificate has been on
184inactive status for 1 year or less may renew his or her
185certificate pursuant to the rules adopted by the department and
186upon payment of a renewal fee set by the department, which may
187not exceed $75 $100.
188     2.  A certificateholder whose certificate has been on
189inactive status for more than 1 year may renew his or her
190certificate pursuant to rules adopted by the department.
191     3.  A certificate that has been inactive for more than 6
192years automatically expires and may not be renewed.
193     (i)(g)  The department shall establish by rule a procedure
194for the initial certification of 911 public safety
195telecommunicators emergency dispatchers as defined in this
196section who have documentation of at least 5 years of supervised
197full-time employment as a 911 public safety telecommunicator or
198an emergency dispatcher since January 1, 2002. The provisions of
199this paragraph expire October 1, 2011.
200     (j)  The department shall establish by rule a procedure for
201the approval of public safety telecommunication training
202programs required by this section.
203     (3)  FEES.--
204     (a)  The initial application fee for application for the
205911 public safety telecommunicator emergency dispatcher original
206certificate is $75.
207     (b)  The examination fee for the 911 public safety
208telecommunicator set by the department, which may not exceed
209$75.
210     (c)(b)  The application fee for the 911 public safety
211telecommunicator emergency dispatcher biennial renewal
212certificate set by the department, which may not exceed $75 is
213$100.
214     (d)  The application fee for department approval of a
215public safety telecommunication training program set by the
216department, which may not exceed $100.
217     (e)(c)  Fees collected under this section shall be
218deposited into the Emergency Medical Services Trust Fund and
219used solely for salaries and expenses of the department incurred
220in administering this section.
221     (f)(d)  If a certificate issued under this section is lost
222or destroyed, the person to whom the certificate was issued may,
223upon payment of a fee set by the department, which may not
224exceed $25, obtain a duplicate or substitute certificate.
225     (g)(e)  Upon surrender of the original 911 public safety
226telecommunicator or emergency dispatcher certificate and receipt
227of a replacement fee set by the department, which may not exceed
228$25, the department shall issue a replacement certificate to
229make a change in name.
230     (4)  STATE-OF-EMERGENCY WAIVER.--The provisions of this
231section may be temporarily waived by the department in a
232geographic area of the state where a state of emergency has been
233declared by the Governor pursuant to s. 252.36.
234     Section 4.  This act shall take effect July 1, 2010.


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