CS/CS/HB 355

1
A bill to be entitled
2An act relating to public safety telecommunicators;
3amending s. 365.172, F.S.; including dispatching as a
4function of E911 service; including fees for certification
5and recertification collected by the Department of Health
6in authorized expenditures for E911 services; amending s.
7401.411, F.S.; revising applicability of certain
8disciplinary actions and penalties; amending s. 401.465,
9F.S.; redefining the term "emergency dispatcher" as
10"public safety telecommunicator"; defining the term
11"public safety telecommunication training program";
12providing requirements for training and certification of a
13public safety telecommunicator, including fees; requiring
14the department to establish a procedure for the approval
15of public 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 a
19declaration of important state interest; providing an
20effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Paragraphs (a) and (b) of subsection (9) of
25section 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
29the functions of database management, call taking, dispatching,
30location verification, and call transfer.
31     (b)  All costs directly attributable to the establishment
32or provision of E911 service and contracting for E911 services
33are eligible for expenditure of moneys derived from imposition
34of the fee authorized by this section. These costs include the
35acquisition, implementation, and maintenance of Public Safety
36Answering Point (PSAP) equipment and E911 service features, as
37defined in the Public Service Commission's lawfully approved 911
38and E911 and related tariffs or the acquisition, installation,
39and maintenance of other E911 equipment, including call
40answering equipment, call transfer equipment, ANI controllers,
41ALI controllers, ANI displays, ALI displays, station
42instruments, E911 telecommunications systems, visual call
43information and storage devices, recording equipment, telephone
44devices and other equipment for the hearing impaired used in the
45E911 system, PSAP backup power systems, consoles, automatic call
46distributors, and interfaces, including hardware and software,
47for computer-aided dispatch (CAD) systems, integrated CAD
48systems for that portion of the systems used for E911 call
49taking, network clocks, salary and associated expenses for E911
50call takers for that portion of their time spent taking and
51transferring E911 calls, salary and associated expenses for a
52county to employ a full-time equivalent E911 coordinator
53position and a full-time equivalent mapping or geographical data
54position and a staff assistant position per county for the
55portion of their time spent administrating the E911 system,
56training costs for PSAP call takers, supervisors, and managers
57in the proper methods and techniques used in taking and
58transferring E911 calls, costs to train and educate PSAP
59employees regarding E911 service or E911 equipment, including
60Department of Health fees for the certification and
61recertification of 911 public safety telecommunicators as
62required under s. 401.465, and expenses required to develop and
63maintain all information, including ALI and ANI databases and
64other information source repositories, necessary to properly
65inform call takers as to location address, type of emergency,
66and other information directly relevant to the E911 call-taking
67and transferring function. Moneys derived from the fee may also
68be used for next-generation E911 network services, next-
69generation E911 database services, next-generation E911
70equipment, and wireless E911 routing systems.
71     Section 2.  Paragraphs (g) and (k) of subsection (1) of
72section 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,
75certificate, or permit or may reprimand or fine any licensee,
76certificateholder, or other person operating under this part for
77any of the following grounds:
78     (g)  Unprofessional conduct, including, but not limited to,
79any departure from or failure to conform to the minimal
80prevailing standards of acceptable practice under this part as
81an emergency medical technician or paramedic, including
82undertaking activities that the emergency medical technician, or
83paramedic, health care professional, or other professional is
84not qualified by training or experience to perform.
85     (k)  Practicing as an emergency medical technician,
86paramedic, or other health care professional, or other
87professional operating under this part without reasonable skill
88and without regard for the safety of the public to patients by
89reason of illness, drunkenness, or the use of drugs, narcotics,
90or chemicals or any other substance or as a result of any mental
91or physical condition.
92     Section 3.  Section 401.465, Florida Statutes, is amended
93to read:
94     401.465  911 public safety telecommunicator emergency
95dispatcher certification.-
96     (1)  DEFINITIONS.-As used in this section, the term:
97     (a)  "911 public safety telecommunicator emergency
98dispatcher" means a person employed by a state agency or local
99government as a public safety dispatcher or 911 operator whose
100duties and responsibilities include the answering, receiving,
101transferring, and dispatching functions related to 911 calls;
102dispatching law enforcement officers, fire rescue services,
103emergency medical services, and other public safety services to
104the scene of an emergency; providing real-time information from
105federal, state, and local crime databases; or supervising or
106serving as the command officer to a person or persons having
107such duties and responsibilities. However, the term does not
108include administrative support personnel, including, but not
109limited to, those whose primary duties and responsibilities are
110in accounting, purchasing, legal, and personnel.
111     (b)  "Department" means the Department of Health.
112     (c)  "Public safety telecommunication training program"
113means a 911 emergency public safety telecommunications training
114program that the department determines to be equivalent to the
115public safety telecommunication training program curriculum
116framework developed by the Department of Education and consists
117of not less than 232 hours.
118     (2)  PERSONNEL; STANDARDS AND CERTIFICATION.-
119     (a)  Effective October 1, 2012, any person employed as a
120911 public safety telecommunicator at a public safety answering
121point, as defined s. 365.172(3)(a), must be certified by the
122department.
123     (b)  A public safety agency, as defined s. 365.171(3)(d),
124may employ a 911 public safety telecommunicator trainee for a
125period not to exceed 12 months, provided the trainee works under
126the direct supervision of a certified 911 public safety
127telecommunicator, as determined by rule of the department, and
128is enrolled in a public safety telecommunication training
129program.
130     (c)(a)  An applicant for certification or recertification
131Any person who desires to be certified or recertified as a 911
132public safety telecommunicator must emergency dispatcher may
133apply to the department under oath on forms provided by the
134department. The department shall establish by rule educational
135and training criteria for the certification and recertification
136of 911 public safety telecommunicators emergency dispatchers.
137     (d)(b)  The department shall determine whether the
138applicant meets the requirements specified in this section and
139in rules of the department and shall issue a certificate to any
140person who meets such requirements. Such requirements must
141include, but need not be limited to, the following:
142     1.  Completion of an appropriate 911 public safety
143telecommunication emergency dispatcher training program that is
144equivalent to the most recently approved emergency dispatcher
145course of the Department of Education and consists of not less
146than 208 hours;
147     2.  Completion and documentation of at least 2 years of
148supervised full-time employment as a 911 emergency dispatcher
149since January 1, 2002;
150     2.3.  Certification under oath that the applicant is not
151addicted to alcohol or any controlled substance;
152     3.4.  Certification under oath that the applicant is free
153from any physical or mental defect or disease that might impair
154the applicant's ability to perform his or her duties;
155     4.5.  Submission of the application fee prescribed in
156subsection (3); and
157     5.6.  Submission of a completed application to the
158department which indicates compliance with subparagraphs 1., 2.,
159and 3.;, and 4.
160     6.  Effective October 1, 2012, passage of an examination
161administered by the department that measures the applicant's
162competency and proficiency in the subject material of the public
163safety telecommunication training program.
164     (e)(c)  The department shall establish by rule a procedure
165that requires 20 hours of training for the biennial renewal
166certification of 911 public safety telecommunicators emergency
167dispatchers.
168     (f)(d)  A Each 911 public safety telecommunicator emergency
169dispatcher certificate expires automatically if not renewed at
170the end of the 2-year period and may be renewed if the holder
171meets the qualifications for renewal as established by the
172department. A certificate that is not renewed at the end of the
1732-year period automatically reverts to an inactive status for a
174period that may not exceed 180 days. Such certificate may be
175reactivated and renewed within the 180-day period if the
176certificateholder meets all other qualifications for renewal and
177pays a $50 late fee. Reactivation shall be in a manner and on
178forms prescribed by department rule.
179     (g)(e)  The department may suspend or revoke a certificate
180at any time if it determines that the certificateholder does not
181meet the applicable qualifications.
182     (h)(f)  A certificateholder may request that his or her 911
183public safety telecommunicator emergency dispatcher certificate
184be placed on inactive status by applying to the department
185before his or her current certification expires and paying a fee
186set by the department, which may not exceed $50 $100.
187     1.  A certificateholder whose certificate has been on
188inactive status for 1 year or less may renew his or her
189certificate pursuant to the rules adopted by the department and
190upon payment of a renewal fee set by the department, which may
191not exceed $50 $100.
192     2.  A certificateholder whose certificate has been on
193inactive status for more than 1 year may renew his or her
194certificate pursuant to rules adopted by the department.
195     3.  A certificate that has been inactive for more than 6
196years automatically expires and may not be renewed.
197     (i)(g)  The department shall establish by rule a procedure
198for the initial certification of 911 public safety
199telecommunicators emergency dispatchers as defined in this
200section who have documentation of at least 5 years of supervised
201full-time employment as a 911 public safety telecommunicator or
202an emergency dispatcher since January 1, 2002. This paragraph
203expires October 1, 2012.
204     (j)  The department shall establish by rule a procedure for
205the approval of public safety telecommunication training
206programs required by this section.
207     (3)  FEES.-
208     (a)  The initial application fee for application for the
209911 public safety telecommunicator emergency dispatcher original
210certificate is $50 $75.
211     (b)  The examination fee for the 911 public safety
212telecommunicator set by the department, which may not exceed
213$75.
214     (c)(b)  The application fee for the 911 public safety
215telecommunicator emergency dispatcher biennial renewal
216certificate set by the department, which may not exceed $50 is
217$100.
218     (d)  The application fee for department approval of a
219public safety telecommunication training program set by the
220department, which may not exceed $50.
221     (e)(c)  Fees collected under this section shall be
222deposited into the Emergency Medical Services Trust Fund and
223used solely for salaries and expenses of the department incurred
224in administering this section.
225     (f)(d)  If a certificate issued under this section is lost
226or destroyed, the person to whom the certificate was issued may,
227upon payment of a fee set by the department, which may not
228exceed $25, obtain a duplicate or substitute certificate.
229     (g)(e)  Upon surrender of the original 911 public safety
230telecommunicator or emergency dispatcher certificate and receipt
231of a replacement fee set by the department, which may not exceed
232$25, the department shall issue a replacement certificate to
233make a change in name.
234     (4)  STATE-OF-EMERGENCY WAIVER.-The provisions of this
235section may be temporarily waived by the department in a
236geographic area of the state where a state of emergency has been
237declared by the Governor pursuant to s. 252.36.
238     Section 4.  The Legislature finds that this act fulfills an
239important state interest.
240     Section 5.  This act shall take effect July 1, 2010.


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