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