Florida 2023 2023 Regular Session

Florida Senate Bill S0980 Analysis / Analysis

Filed 03/13/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Regulated Industries  
 
BILL: SB 980 
INTRODUCER:  Senators Brodeur and Stewart 
SUBJECT:  911 Public Safety Telecommunicator Certifications 
DATE: March 13, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Schrader Imhof RI Pre-meeting 
2.     CA  
3.     RC  
 
I. Summary: 
SB 980 amends s. 401.465, F.S., relating to the 911 public safety telecommunicator (PST) 
certification. The bill increases the timeframe, from 180 days to six years, within which a 
certificateholder may renew an involuntarily inactive PST certificate before said certificate 
permanently expires. 
 
The bill has an effective date of July 1, 2023. 
II. Present Situation: 
911 Public Safety Telecommunicator Certification 
Chapter 401, F.S., relates to medical telecommunications and transportation. Part I of ch. 401, 
F.S., is specific to the state’s emergency telecommunication systems, administered by the 
Department of Management Services. Part II of ch. 401, F.S., is specific to the emergency 
medical services (EMS) grants program administered by the Department of Health (DOH). Part 
III of ch. 401, F.S., consisting of ss. 401.2101 through 401.465, F.S., is specific to medical 
transportation services and provides for the regulation of EMS by the DOH, including the 
licensure of EMS service entities, the certification of staff employed by those services, and the 
permitting of vehicles used by such staff—whether for basic life support (BLS), advanced life 
support (ALS), or air ambulance services (AAS).  
 
Section 401.465, F.S., is specific to PST certification, administered as part of the EMS program, 
and defines: 
 “911 public safety telecommunicator” as a public safety dispatcher or 911 operator whose 
duties and responsibilities include the answering, receiving, transferring, and dispatching 
functions related to 911 calls; dispatching law enforcement officers, fire rescue services, 
emergency medical services, and other public safety services to the scene of an emergency; 
REVISED:   BILL: SB 980   	Page 2 
 
providing real-time information from federal, state, and local crime databases; or supervising 
or serving as the command officer to a person or persons having such duties and 
responsibilities. The term does not include, however, administrative support personnel, 
including, but not limited to, those whose primary duties and responsibilities are in 
accounting, purchasing, legal, and personnel. 
 “Public safety telecommunication training program” as a 911 emergency public safety 
telecommunication training program that the DOH determines to be equivalent to the public 
safety telecommunication training program curriculum framework developed by the DOE 
and consists of at least 232 hours.
1
 
 
Any person employed as a PST at a public safety answering point, as defined in s. 365.172(3), 
F.S.,
2
 must be certified by the DOH. A public safety agency, as defined in s. 365.171(3)(d), 
F.S.,
3
 may employ a PST for a period not to exceed 12 months if the trainee works under the 
direct supervision of a certified PST, as determined by rule of the DOH, and is enrolled in a PST 
training program.  
 
An applicant for certification or recertification as a PST must apply to the DOH under oath on 
the DOH-provided forms. The DOH, under the rules set forth in Fla. Admin. Code Ch. 64J-3, has 
established educational and training criteria for the certification and recertification of PSTs, 
determines whether the applicant meets the statutory and rule requirements, and issues 
certificates to persons meeting those requirements. Section 401.465(2)(d), F.S., specifies that, at 
minimum, the requirements must include all of the following: 
 Completion of an appropriate 911 PST training program. 
 Certification, under oath, that the applicant is not addicted to alcohol or any controlled 
substance. 
 Certification, under oath, that the applicant is free from any physical or mental defect or 
disease that might impair the applicant’s ability to perform his or her duties. 
 Submission of the appropriate application fee. 
 Submission of a completed DOH-approved application to the DOH which indicates 
compliance with PST certificate application requirements. 
 Passage of a DOH-approved examination that measures the applicant’s competency and 
proficiency in the subject material of the PST training program. 
 
A person who was previously employed as a PST or a state-certified firefighter before April 1, 
2012, must pass the examination approved by the DOH, which measures the competency and 
proficiency in the subject material of the PST program, and, upon passage of the examination, 
the completion of the PST training program is waived.
4
 In addition, the requirement for 
certification as a PST is waived for a person employed as a sworn, state-certified law 
enforcement officer, provided that the officer: 
 Is selected by his or her chief executive to perform as a PST; 
                                                
1
 Section 401.465(1), F.S. 
2
 Section 365.172 (3)(y), F.S., defines a “public safety answering point” as the public safety agency that receives incoming 
911 requests for assistance and dispatches appropriate public safety agencies to respond to the requests in accordance with 
the state E911 plan. 
3
 Section 365.171(3)(d), F.S., defines a “public safety agency” as a functional division of a public agency which provides 
firefighting, law enforcement, medical, or other emergency services. 
4
 Section 401.465(2)(i), F.S.  BILL: SB 980   	Page 3 
 
 Performs as a PST on an occasional or limited basis; and 
 Passes the DOH-approved examination that measures the competency and proficiency of an 
applicant in the subject material comprising the public safety telecommunication program.
5
 
 
Section 401.465(4), F.S., specifies an initial PST application fee of $50. In addition, subsection 
allows the DOH to assess the following fees (currently, the DOH charges these fees at the 
statutory maximum): 
 Examination fee, set by the DOH, not to exceed $75; 
 Biennial renewal certificate, set by the DOH, not to exceed $50; 
 Training program fee, set by the DOH, not to exceed $50; and 
 Duplicate, substitute, or replacement certificate fee, set by the DOH, not to exceed $25. 
 
Fees collected are deposited into the EMS Trust Fund within DOH, and used solely for 
administering this program.
6
 
 
The DOH has adopted three rules specific to its PST program responsibilities. These rules, which 
address PST certification, PST course equivalency, and certification renewal (Fla. Admin. Code 
R. 64J-3.001, 64J-3.001, and 64J-3.001, respectively) were adopted in 2012. These rules not only 
link to the DOH forms and reference documents but also link to the relevant DOE documents, 
such as the PST curriculum framework. 
 
The DOH website provides extensive details specific to the PST program and includes links to 
all applicable forms for individuals who are seeking to become certified or re-certified as a PST, 
including PST examination details, training program requirements, and fees. Training programs 
must follow the DOE Public Safety Telecommunication Curriculum Framework and consist of 
not less than 232 hours in order to be approved as a PST training program. The DOH uses a 
vendor, Prometric,
7
 to administer the testing for PST candidates.
8
 
 
The DOH develops the learning objectives for the PST program, and these are reflected in the 
142-page program study guide.
9
 Until Fiscal Year 2014-2015, the DOH learning objectives and 
the DOE curriculum framework included a requirement that PST training must include CPR 
training. In conjunction with the DOE and other stakeholders, the CPR element of this required 
training was discontinued.
10
 However, in 2022, HB 593, was passed by the Legislature and 
enacted as Chapter 2022-51, Laws of Florida. This law amended s. 401.465, F.S., to require 
                                                
5
 Id. 
6
 Section 401.465(3), F.S. 
7
 Prometric is a provider of technology-enabled testing and assessment solutions to many licensing and certification 
organizations, academic institutions, and government agencies. Prometric, About Us, https://www.prometric.com/about-
us/about-prometric (last visited Mar. 10, 2023). 
8
 Department of Health, 911 Public Safety Telecommunicator Program, available at 
http://www.floridahealth.gov/licensing-and-regulation/911-public-safety-telecommunicator-program/index.html (last visited 
Mar. 12, 2022) 
9
 See the Department of Health, Florida 911 Public Safety Telecommunicator Study Guide, 2019, (available at: 
https://www.floridahealth.gov/licensing-and-regulation/911-public-safety-telecommunicator-program/_documents/911-pst-
studyguide.pdf) (last visited Mar. 10, 2023). 
10
 E-mail from Department of Education to staff of the Senate Committee on Health Policy (January 30, 2020) (on file with 
the Senate Committee on Regulated Industries).  BILL: SB 980   	Page 4 
 
certain PST practitioners to again complete CPR training. Specifically, s. 401.465(3)(a), F.S., 
requires that  
PSTs who answer telephone calls and provide dispatch functions for emergency medical 
conditions must complete telecommunicator CPR training every two years. 
 
Renewal of 911 Public Safety Telecommunicator Certification 
 
PST certificates are renewed biennially, in odd numbered years, with a due date of February 1 in 
those years. Fla. Admin. Code R. 64J-3.003 (2012) implements s. 401.465, F.S., and requires 
that, as part of the filing of the renewal, the certificateholder must complete 20 hours of training 
for each biennial PST certification renewal. Though s. 401.465, F.S., provides for a biennial 
renewal period, under s. 401.465(2)(g), F.S., the DOH may suspend or revoke a certificate at any 
time if it determines that the certificateholder does not meet the applicable qualifications.  
 
911 Public Safety Telecommunicator Involuntary versus Voluntary Inactive Status 
Section 401.465, F.S., delineates two types of inactive status. The first is involuntary, as 
inherently created by the renewal requirements and procedures identified in s. 401.465(2)(f), F.S. 
The second is voluntary inactive status, as created by the procedure in s. s. 401.465(2)(h), F.S.  
 
Section 401.465(2)(f), F.S. (i.e. involuntary inactive status), specifies that a PST certificate 
expires automatically if not renewed at the end of its two-year certification period. For 180 days 
thereafter, such an expired certificate may be reactivated and renewed by the certificateholder by 
paying a $50 late fee, in addition to the required $50 renewal fee, and submitting the required 
renewal form to the DOH (as long as such certificateholder meets all other qualifications for 
renewal).
11
 A certificate so made involuntarily inactive, and not renewed within 180 days, 
expires and may no longer be renewed. 
 
Section 401.465(2)(h), F.S., allows a certificateholder to place their certificate in voluntary 
inactive status. To do so, the certificateholder must pay a $50 fee and apply with the DOH prior 
to the expiration of their PST certificate pursuant to s. 401.465(2)(f), F.S. Once a certificate is 
voluntarily inactive, s. 401.465(2)(f), F.S, provides that: 
 
 A certificateholder whose certificate has been on inactive status for one year or less may 
renew his or her certificate pursuant to the rules adopted by the DOH and upon payment of a 
renewal fee set by the department, which may not exceed $50. 
 A certificateholder whose certificate has been on inactive status for more than one year may 
renew his or her certificate pursuant to rules adopted by the department. 
 A certificate that has been inactive for more than six years automatically expires and may not 
be renewed. 
 
Though s. 401.465(2)(h), F.S., identifies two types of certificateholders who have unexpired, but 
voluntarily inactive licenses (i.e. a person who has their PST certificate on voluntary inactive 
                                                
11
 See Fla. Admin. Code R. 64J-3.003 (2012), which incorporates by reference DOH form 5068, 01/12, Renewal/Change of 
Status 911 Public Safety Telecommunicator Certification Form, available at: 
https://www.flrules.org/Gateway/reference.asp?No=Ref-01490 (last visited Mar. 9, 2023).  BILL: SB 980   	Page 5 
 
status for one year or less versus a certificateholder who has been on such status for at least one 
but less than six years), current DOH rules treat them the same. Under either circumstance, a 
person must have completed all renewal requirements and pay a $50 renewal fee.
12
 
 
For both involuntary and voluntary inactive status, once a certificate expires (after 180 days of 
involuntary inactive status or six years of voluntary inactive status) in may not be renewed and 
an applicant must meet all of the application and training requirements of a new PST certificate 
in order to regain PST certification.
13
  
 
911 Public Safety Telecommunicator Shortage 
According to the National Emergency Number Association (NENA), there is no national 
database that tracks turnover in dispatch department units (which would include PSTs).
14
 As of 
January 2023, NENA states that it is seeing, anecdotally, an approximate 30 percent staffing 
shortage on average at 911 centers across the nation.
15
 A June 2022 survey of Florida counties by 
the Florida Telecommunicator Emergency Response Taskforce (part of the Florida Association 
of Public-Safety Communications Officials) found that, of the 39 Florida counties responding: 
 All but one had unfilled PST positions; 
 Eighteen had a PST position vacancy rate of 25 percent or more; and 
 Overall, 831 of 3,889 authorized PST positions were vacant at that time in those counties (for 
an overall vacancy rate of 21 percent).
16
  
III. Effect of Proposed Changes: 
Section 1 of the bill amends s. 401.465(2)(f), F.S., to allow that for 911 public safety 
telecommunicator certificates not renewed at the end of the 2-year certificate period, the 
certificate would enter inactive status for a period not to exceed six years. Such a certificate may 
be renewed by the certificateholder within this six year period by meeting all other qualifications 
for renewal and paying a $50 late fee. 
 
Under current law, such a six-year inactive period and renewal window is limited only to 
certificateholders electing to place their certificate in voluntary inactive status and paying a $50 
fee to the DOH, prior to the certificate expiring 180 days after the renewal was due.  
 
Section 2 of the bill provides an effective date of July 1, 2023. 
                                                
12
 Id. 
13
 Section 401.465(2)(f) and (h)3., F.S. 
14
 Malique Rankin, 911 dispatchers facing staffing shortages as calls increase, CBS 10 TAMPA BAY WTSP.COM, (Aug. 8, 
2021), https://www.wtsp.com/article/news/local/911-dispatchers-staffing-shortages/67-a17c5a42-92f4-462f-8c61-
eaf1b1885255 (last visited: Mar. 9, 2023). 
15
 Chris Nussman, NENA Launches Workforce-Recruitment Resources to Help Combat the 9-1-1 Staffing Crisis, National 
Emergency Number Association (Jan. 27, 2023), 
https://www.nena.org/news/news.asp?id=629650&hhSearchTerms=%22shortage%22 (last visited: Mar 9, 2023). 
16
 Florida Telecommunicator Emergency Response Taskforce, 911 Public Safety Telecommunicator Certificates (on file with 
Senate Regulated Industries Committee).  BILL: SB 980   	Page 6 
 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
Under the bill, the number of persons who are eligible to apply for a renewal of 911 
public safety telecommunicator (PST) certification will likely increase. In addition, the 
number of persons applying for new PST certifications may be reduced, as those whose 
certifications may have previously been expired are now eligible for renewal instead. 
However, the exact impact at this time is unknown as the Department of Health has yet to 
provide an analysis for SB 980. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None.  BILL: SB 980   	Page 7 
 
VIII. Statutes Affected: 
This bill substantially amends the section 401.465 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.