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 Rules
BILL: CS/SB 980
INTRODUCER: Regulated Industries Committee and Senator Brodeur and others
SUBJECT: 911 Public Safety Telecommunicator Certifications
DATE: April 10, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Schrader Imhof RI Fav/CS
2. Hunter Ryon CA Favorable
3. Schrader Twogood RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 980 increases the timeframe, from 180 days to six years, within which a 911 public safety
telecommunicator (PST) 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).
REVISED: BILL: CS/SB 980 Page 2
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;
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
2
must be certified by the DOH.
A public safety agency,
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
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. BILL: CS/SB 980 Page 3
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;
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
An initial PST application requires a fee of $50. In addition, statutes 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.
6
Fees collected are deposited into the EMS Trust Fund within DOH, and used solely for
administering this program.
7
The DOH has adopted three rules specific to its PST program responsibilities. These rules, which
address PST certification, PST course equivalency, and certification renewal were adopted in
2012.
8
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,
9
to administer the testing for PST candidates.
10
The DOH develops the learning objectives for the PST program, and these are reflected in the
142-page program study guide.
11
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
4
Section 401.465(2)(i), F.S.
5
Id.
6
Section 401.465(4), F.S
7
Section 401.465(3), F.S.
8
Fla. Admin. Code R. 64J-3.001, 64J-3.001, and 64J-3.001
9
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, available at
https://www.prometric.com/about-us/about-prometric (last visited Mar. 25, 2023).
10
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. 25, 2022)
11
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. 25, 2023). BILL: CS/SB 980 Page 4
training was discontinued.
12
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
certain PST practitioners to again complete CPR training.
13
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, 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.
14
Though s. 401.465,
F.S., provides for a biennial renewal period, under DOH may suspend or revoke a certificate at
any time if it determines that the certificateholder does not meet the applicable qualifications.
15
911 Public Safety Telecommunicator Involuntary versus Voluntary Inactive Status
Statutes delineate two types of inactive status. The first is involuntary, as inherently created by
the renewal requirements and procedures.
16
The second is voluntary inactive status, as created by
the procedure in s. 401.465(2)(h), F.S.
Involuntary inactive status specifies that a PST certificate expires automatically if not renewed at
the end of its two-year certification period.
17
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).
18
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, statutes provide 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.
19
12
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).
13
Section 401.465(3)(a), F.S
14
Fla. Admin. Code R. 64J-3.003 (2012) implements Section 401.465, F.S
15
Section 401.465(2)(g), F.S.,
16
Section 401.465(2)(f), F.S.
17
Section 401.465(2)(f), F.S.
18
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. 25, 2023).
19
Section 401.465(2)(f), F.S BILL: CS/SB 980 Page 5
Though statutes identify two types of certificateholders who have unexpired, but voluntarily
inactive licenses, (i.e. a person who has their PST certificate on voluntary inactive 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.
20
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) it 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.
21
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).
22
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.
23
A June 2022 survey of Florida counties by
the Florida Telecommunicator Emergency Response 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).
24
Current Public Safety Telecommunicator Certificateholders in Florida
Currently, according to the DOH, there are 6,081 PST certificateholders in Florida. During the
past three renewal cycles—February 2017, 2019, and 2021—the number of persons whose
licenses expired after 180 days of involuntary inactive status were 1,965, 1,887, and 1,840,
respectively.
25
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 401.465(2)(f), F.S., to allow that for all 911 public safety
telecommunicator certificates not renewed at the end of the 2-year certificate period, the
20
Id.
21
Section 401.465(2)(f) and (h)3., F.S.
22
Malique Rankin, 911 dispatchers facing staffing shortages as calls increase, CBS 10 TAMPA BAY WTSP.COM, (Aug. 8,
2021), available at https://www.wtsp.com/article/news/local/911-dispatchers-staffing-shortages/67-a17c5a42-92f4-462f-
8c61-eaf1b1885255 (last visited: Mar. 25, 2023).
23
Chris Nussman, NENA Launches Workforce-Recruitment Resources to Help Combat the 9-1-1 Staffing Crisis, National
Emergency Number Association (Jan. 27, 2023), available at
https://www.nena.org/news/news.asp?id=629650&hhSearchTerms=%22shortage%22 (last visited: Mar 25, 2023).
24
Florida Telecommunicator Emergency Response Taskforce, 911 Public Safety Telecommunicator Certificates (on file with
Senate Regulated Industries Committee).
25
E-mail from Charles Smith, Legislative Planning Director, Florida Department of Health, to Senate Regulated Industries
Committee staff (Mar. 13, 2023)(on file with the Senate Regulated Industries Committee). BILL: CS/SB 980 Page 6
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 s. 401.465, F.S., 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 Department of Health (DOH), prior to the certificate expiring 180 days after the
renewal was due. In extending the 6-year renewal period to all inactive certificates, the bill
eliminates all statutory distinctions between involuntarily or voluntarily inactive public safety
telecommunicator certificates and allows up to six years for any certificateholder to renew a
certificate before the certificate irrevocably expires.
The bill also:
Prohibits the DOH from requiring the certificateholder to pay a fee or make an election
before placing a certificate in inactive status.
Provides that for any fee paid by a certificateholder to place their certificate in inactive status
in the past six years, the DOH shall apply that fee paid to the cost of renewing the
certificateholder’s certificate.
Provides that the bill is remedial in nature and applies retroactively to any public safety
telecommunicator certificate that has expired pursuant to s. 401.465(2)(f), F.S., during the 6-
year period before the effective date of the act.
The DOH expects that the revisions to s. 401.465(2)(f), F.S., would potentially impact 5,692
former certificateholders whose certificates are currently expired pursuant to the 180-day
renewal limitation for certificates on involuntary inactive status under current s. 401.465(2)(f),
F.S.
26
Section 2 of the bill provides that it is effective upon becoming a law.
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.
26
Id. BILL: CS/SB 980 Page 7
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. The
exact impact at this time is unknown, however the DOH did indicate via email that the
proposed changes in CS/SB 980 could impact up to 5,692 former certificateholders
whose certificates are currently expired and not renewable.
27
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 401.465 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on March 14, 2023:
The committee substitute:
Eliminates a distinction in current s. 401.465, F.S., distinguishing between public
safety telecommunicator certificates that become involuntarily or voluntarily inactive
and allows up to six years for any certificateholder to renew a certificate before it
irrevocably expires. Under current law, the 6-year renewal period is only available by
27
Id. BILL: CS/SB 980 Page 8
applying with the Department of Health for voluntary inactive status and paying a
$50 fee (otherwise, the renewal period is 180 days—i.e. involuntary inactive status).
Prohibits the Department of Health from requiring the payment of a fee or making of
an election before placing a certificate in inactive status.
Provides that for any fee paid by a certificateholder to place their certificate in
inactive status in the past six years, the Department of Health shall apply that fee paid
to the cost of renewing the certificateholder’s certificate.
Provides for retroactive application.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.