Bill Text: FL S0742 | 2010 | Regular Session | Comm Sub

Florida Senate Bill 742 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Safety Telecommunicators/E911 [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-188 [S0742 Detail]

Download: Florida-2010-S0742-Comm_Sub.html
 
Florida Senate - 2010                              CS for SB 742 
 
By the Committee on Health Regulation; and Senator Detert 
588-02213-10                                           2010742c1 
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 
5         certification and recertification collected by the 
6         Department of Health in authorized expenditures for 
7         E911 services; amending s. 401.411, F.S.; revising 
8         applicability of certain disciplinary actions and 
9         penalties; amending s. 401.465, F.S.; redefining the 
10         term “emergency dispatcher” as “public safety 
11         telecommunicator”; defining the term “public safety 
12         telecommunication training program”; providing 
13         requirements for training and certification of a 
14         public safety telecommunicator, including fees; 
15         requiring the department to establish a procedure for 
16         the approval of public safety telecommunication 
17         training programs; providing for temporary waiver of 
18         certification requirements in an area of the state for 
19         which the Governor has declared a state of emergency; 
20         providing a declaration of important state interest; 
21         providing an effective date. 
22 
23  Be It Enacted by the Legislature of the State of Florida: 
24 
25         Section 1. Paragraphs (a) and (b) of subsection (9) of 
26  section 365.172, Florida Statutes, are amended to read: 
27         365.172 Emergency communications number “E911.”— 
28         (9) AUTHORIZED EXPENDITURES OF E911 FEE.— 
29         (a) For purposes of this section, E911 service includes the 
30  functions of database management, call taking, dispatching, 
31  location verification, and call transfer. 
32         (b) All costs directly attributable to the establishment or 
33  provision of E911 service and contracting for E911 services are 
34  eligible for expenditure of moneys derived from imposition of 
35  the fee authorized by this section. These costs include the 
36  acquisition, implementation, and maintenance of Public Safety 
37  Answering Point (PSAP) equipment and E911 service features, as 
38  defined in the Public Service Commission’s lawfully approved 911 
39  and E911 and related tariffs or the acquisition, installation, 
40  and maintenance of other E911 equipment, including call 
41  answering equipment, call transfer equipment, ANI controllers, 
42  ALI controllers, ANI displays, ALI displays, station 
43  instruments, E911 telecommunications systems, visual call 
44  information and storage devices, recording equipment, telephone 
45  devices and other equipment for the hearing impaired used in the 
46  E911 system, PSAP backup power systems, consoles, automatic call 
47  distributors, and interfaces, including hardware and software, 
48  for computer-aided dispatch (CAD) systems, integrated CAD 
49  systems for that portion of the systems used for E911 call 
50  taking, network clocks, salary and associated expenses for E911 
51  call takers for that portion of their time spent taking and 
52  transferring E911 calls, salary and associated expenses for a 
53  county to employ a full-time equivalent E911 coordinator 
54  position and a full-time equivalent mapping or geographical data 
55  position and a staff assistant position per county for the 
56  portion of their time spent administrating the E911 system, 
57  training costs for PSAP call takers, supervisors, and managers 
58  in the proper methods and techniques used in taking and 
59  transferring E911 calls, costs to train and educate PSAP 
60  employees regarding E911 service or E911 equipment, including 
61  fees collected by the Department of Health for the certification 
62  and recertification of 911 public safety telecommunicators as 
63  required under s. 401.465, and expenses required to develop and 
64  maintain all information, including ALI and ANI databases and 
65  other information source repositories, necessary to properly 
66  inform call takers as to location address, type of emergency, 
67  and other information directly relevant to the E911 call-taking 
68  and transferring function. Moneys derived from the fee may also 
69  be used for next-generation E911 network services, next 
70  generation E911 database services, next-generation E911 
71  equipment, and wireless E911 routing systems. 
72         Section 2. Paragraphs (g) and (k) of subsection (1) of 
73  section 401.411, Florida Statutes, are amended to read: 
74         401.411 Disciplinary action; penalties.— 
75         (1) The department may deny, suspend, or revoke a license, 
76  certificate, or permit or may reprimand or fine any licensee, 
77  certificateholder, or other person operating under this part for 
78  any of the following grounds: 
79         (g) Unprofessional conduct, including, but not limited to, 
80  any departure from or failure to conform to the minimal 
81  prevailing standards of acceptable practice under this part as 
82  an emergency medical technician or paramedic, including 
83  undertaking activities that the emergency medical technician, or 
84  paramedic, health care professional, or other professional is 
85  not qualified by training or experience to perform. 
86         (k) Practicing as an emergency medical technician, 
87  paramedic, or other health care professional, or other 
88  professional operating under this part without reasonable skill 
89  and without regard for the safety of the public to patients by 
90  reason of illness, drunkenness, or the use of drugs, narcotics, 
91  or chemicals or any other substance or as a result of any mental 
92  or physical condition. 
93         Section 3. Section 401.465, Florida Statutes, is amended to 
94  read: 
95         401.465 911 public safety telecommunicator emergency 
96  dispatcher certification.— 
97         (1) DEFINITIONS.—As used in this section, the term: 
98         (a) “911 public safety telecommunicator emergency 
99  dispatcher” means a person employed by a state agency or local 
100  government as a public safety dispatcher or 911 operator whose 
101  duties and responsibilities include the answering, receiving, 
102  transferring, and dispatching functions related to 911 calls; 
103  dispatching law enforcement officers, fire rescue services, 
104  emergency medical services, and other public safety services to 
105  the scene of an emergency; providing real-time information from 
106  federal, state, and local crime databases; or supervising or 
107  serving as the command officer to a person or persons having 
108  such duties and responsibilities. However, the term does not 
109  include administrative support personnel, including, but not 
110  limited to, those whose primary duties and responsibilities are 
111  in accounting, purchasing, legal, and personnel. 
112         (b) “Department” means the Department of Health. 
113         (c) “Public safety telecommunication training program” 
114  means a 911 emergency public safety telecommunications training 
115  program that the department determines to be equivalent to the 
116  public safety telecommunication training program curriculum 
117  framework developed by the Department of Education and consists 
118  of not less than 232 hours. 
119         (2) PERSONNEL; STANDARDS AND CERTIFICATION.— 
120         (a) Effective October 1, 2011, any person employed as a 911 
121  public safety telecommunicator at a public safety answering 
122  point, as defined s. 365.172(3)(a), must be certified by the 
123  department. 
124         (b) A public safety agency, as defined s. 365.171(3)(d), 
125  may employ a 911 public safety telecommunicator trainee for a 
126  period not to exceed 12 months if the trainee works under the 
127  direct supervision of a certified 911 public safety 
128  telecommunicator, as determined by rule of the department, and 
129  is enrolled in a public safety telecommunication training 
130  program. 
131         (c)(a) An applicant for certification or recertification 
132  Any person who desires to be certified or recertified as a 911 
133  public safety telecommunicator must emergency dispatcher may 
134  apply to the department under oath on forms provided by the 
135  department. The department shall establish by rule educational 
136  and training criteria for the certification and recertification 
137  of 911 public safety telecommunicators emergency dispatchers. 
138         (d)(b) The department shall determine whether the applicant 
139  meets the requirements specified in this section and in rules of 
140  the department and shall issue a certificate to any person who 
141  meets such requirements. Such requirements must include, but 
142  need not be limited to, the following: 
143         1. Completion of an appropriate 911 public safety 
144  telecommunication emergency dispatcher training program that is 
145  equivalent to the most recently approved emergency dispatcher 
146  course of the Department of Education and consists of not less 
147  than 208 hours; 
148         2. Completion and documentation of at least 2 years of 
149  supervised full-time employment as a 911 emergency dispatcher 
150  since January 1, 2002; 
151         2.3. Certification under oath that the applicant is not 
152  addicted to alcohol or any controlled substance; 
153         3.4. Certification under oath that the applicant is free 
154  from any physical or mental defect or disease that might impair 
155  the applicant’s ability to perform his or her duties; 
156         4.5. Submission of the application fee prescribed in 
157  subsection (3); and 
158         5.6. Submission of a completed application to the 
159  department which indicates compliance with subparagraphs 1., 2., 
160  and 3.;, and 4. 
161         6. Effective October 1, 2011, passage of an examination 
162  administered by the department which measures the applicant’s 
163  competency and proficiency in the subject material of the public 
164  safety telecommunication training program. 
165         (e)(c) The department shall establish by rule a procedure 
166  that requires 20 hours of training for the biennial renewal 
167  certification of 911 public safety telecommunicators emergency 
168  dispatchers. 
169         (f)(d) A Each 911 public safety telecommunicator emergency 
170  dispatcher certificate expires automatically if not renewed at 
171  the end of the 2-year period and may be renewed if the holder 
172  meets the qualifications for renewal as established by the 
173  department. A certificate that is not renewed at the end of the 
174  2-year period automatically reverts to an inactive status for a 
175  period that may not exceed 180 days. Such certificate may be 
176  reactivated and renewed within the 180-day period if the 
177  certificateholder meets all other qualifications for renewal and 
178  pays a $50 late fee. Reactivation shall be in a manner and on 
179  forms prescribed by department rule. 
180         (g)(e) The department may suspend or revoke a certificate 
181  at any time if it determines that the certificateholder does not 
182  meet the applicable qualifications. 
183         (h)(f) A certificateholder may request that his or her 911 
184  public safety telecommunicator emergency dispatcher certificate 
185  be placed on inactive status by applying to the department 
186  before his or her current certification expires and paying a fee 
187  set by the department, which may not exceed $50 $100. 
188         1. A certificateholder whose certificate has been on 
189  inactive status for 1 year or less may renew his or her 
190  certificate pursuant to the rules adopted by the department and 
191  upon payment of a renewal fee set by the department, which may 
192  not exceed $50 $100. 
193         2. A certificateholder whose certificate has been on 
194  inactive status for more than 1 year may renew his or her 
195  certificate pursuant to rules adopted by the department. 
196         3. A certificate that has been inactive for more than 6 
197  years automatically expires and may not be renewed. 
198         (i)(g) The department shall establish by rule a procedure 
199  for the initial certification of 911 public safety 
200  telecommunicators emergency dispatchers as defined in this 
201  section who have documentation of at least 5 years of supervised 
202  full-time employment as a 911 public safety telecommunicator or 
203  an emergency dispatcher since January 1, 2002. This paragraph 
204  expires October 1, 2011. 
205         (j) The department shall establish by rule a procedure for 
206  the approval of public safety telecommunication training 
207  programs required by this section. 
208         (3) FEES.— 
209         (a) The initial application fee for application for the 911 
210  public safety telecommunicator emergency dispatcher original 
211  certificate is $50 $75. 
212         (b) The examination fee for the 911 public safety 
213  telecommunicator shall be set by the department and may not 
214  exceed $75. 
215         (c)(b) The application fee for the 911 public safety 
216  telecommunicator emergency dispatcher biennial renewal 
217  certificate shall be set by the department and may not exceed 
218  $50 is $100. 
219         (d) The application fee for department approval of a public 
220  safety telecommunication training program shall be set by the 
221  department and may not exceed $50. 
222         (e)(c) Fees collected under this section shall be deposited 
223  into the Emergency Medical Services Trust Fund and used solely 
224  for salaries and expenses of the department incurred in 
225  administering this section. 
226         (f)(d) If a certificate issued under this section is lost 
227  or destroyed, the person to whom the certificate was issued may, 
228  upon payment of a fee set by the department, which may not 
229  exceed $25, obtain a duplicate or substitute certificate. 
230         (g)(e) Upon surrender of the original 911 public safety 
231  telecommunicator or emergency dispatcher certificate and receipt 
232  of a replacement fee set by the department, which may not exceed 
233  $25, the department shall issue a replacement certificate to 
234  make a change in name. 
235         (4) STATE-OF-EMERGENCY WAIVER.—The provisions of this 
236  section may be temporarily waived by the department in a 
237  geographic area of the state where a state of emergency has been 
238  declared by the Governor pursuant to s. 252.36. 
239         Section 4. The Legislature finds that this act fulfills an 
240  important state interest. 
241         Section 5. This act shall take effect July 1, 2010.