Do Florida police officers who work 911 dispatch have to be certified as public safety telecommunicators?

Plain-English summary

The Springfield police chief asked whether a new 2010 law (Chapter 2010-188, Laws of Florida) required law enforcement officers who work in the city's dispatch center, taking and dispatching 911 calls, to be trained and certified. Attorney General Bill McCollum answered that the certification requirement turns on a person's duties, not their job title.

The law amended section 401.465 to require that, effective October 1, 2012, anyone employed as a "911 public safety telecommunicator" at a public safety answering point be certified by the Department of Health. The statute defines that role by function: answering, receiving, transferring, and dispatching 911 calls; dispatching police, fire, and EMS; providing real-time crime-database information; or supervising people who do those things. It excludes purely administrative staff. So a police officer who performs those 911 call-taking and dispatching duties falls within the definition and had to be certified.

The law built in transition rules. Training-program requirements could be waived for telecommunicators, sworn officers, or certified firefighters employed before April 1, 2012, who passed the department's exam, and there was an initial-certification path for people with at least three years of supervised full-time dispatch experience since January 1, 2002. Trainees could work up to 12 months uncertified under direct supervision while enrolled in a training program. Training requirements varied with length of service. The law also amended section 365.172(9) to let local governments spend E911 fee revenue on the certification fees and training costs.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did police officers working 911 dispatch have to be certified?
A: If their duties matched the statutory definition of a "911 public safety telecommunicator," yes. The certification requirement (by the Department of Health, effective October 1, 2012) applied based on the duties performed, not the person's title as a law enforcement officer.

Q: What duties triggered the requirement?
A: Answering, receiving, transferring, and dispatching 911 calls; dispatching law enforcement, fire, or EMS; providing real-time crime-database information; or supervising or commanding people who do those things at a public safety answering point.

Q: Who was excluded?
A: Administrative support personnel, such as those whose primary work is in accounting, purchasing, legal, or personnel functions, were not covered by the definition.

Q: Were there grandfather provisions for existing dispatchers?
A: Yes. The law allowed waiver of the training-program requirement for telecommunicators, sworn officers, and certified firefighters employed before April 1, 2012, who passed the exam, and an initial-certification path for those documenting at least three years of supervised full-time dispatch work since January 1, 2002.

Q: Could a new dispatcher work before being certified?
A: The statute let a trainee work for up to 12 months without certification while under the direct supervision of a certified telecommunicator and enrolled in a training program.

Q: How could agencies pay for the training and certification?
A: The law amended section 365.172(9) to add certification and recertification fees and call-taker training costs to the list of allowable uses of E911 fee revenue.

Background and statutory framework

Florida's E911 policy (section 365.171) aims at a cohesive statewide system giving the public rapid access to police, fire, medical, and rescue services through 911. Before 2010, the state had only a voluntary certification program for dispatchers (created by Chapter 2008-51 and codified at section 401.465). Chapter 2010-188 made certification mandatory, expanded and renamed the role from "emergency dispatcher" to "911 public safety telecommunicator," added penalties, and broadened funding options.

The Department of Health administers the certification, which requires completing an approved training program, sworn certifications about freedom from disqualifying substance addiction and from impairing physical or mental conditions, payment of the fee, and (as of October 1, 2012) passing a competency exam. A "public safety answering point" is defined in section 365.172(3)(a) as the public safety agency that receives incoming 911 calls and dispatches responders. The opinion drew on the legislative staff analysis of the bill to describe how Florida's 911 dispatch operates and the funding constraints that prompted amending section 365.172(9) to cover training and certification costs.

Citations and references

Statutes and session laws:

• § 401.465, Fla. Stat. (definition and certification of 911 public safety telecommunicators; subsection (2)(a) certification mandate)
• § 365.172, Fla. Stat. (statewide E911 system; § 365.172(3)(a) defines public safety answering point; § 365.172(9) authorized uses of E911 fees)
• § 365.171, Fla. Stat. (legislative intent for the statewide 911 system)
• Chapter 2010-188, Laws of Florida (mandatory certification and training); Chapter 2008-51, Laws of Florida (earlier voluntary program)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/public-safety-telecommunicator-trainingcertification-
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1694

Original opinion text

Chief J. Philip Thorne

Springfield Police Department

3529 East 3rd Street

Springfield, Florida 32401

RE: LAW ENFORCEMENT OFFICERS – E911 – PUBLIC SAFETY TELECOMMUNICATOR – EMERGENCY DISPATCHER – TRAINING – CERTIFICATION – training and certification requirements for "911 public safety telecommunicator." ss. 365.172 and 401.465, Fla. Stat.; Ch. 2010-188, Laws of Fla.

Dear Chief Thorne:

As the Chief of Police for Springfield, Florida, you have asked for my opinion on substantially the following question:

Does Chapter 2010-188, Laws of Florida, require all law enforcement officers who are likely to work in the city's dispatch center and serve as a call-taker and dispatcher of 911 calls to be trained and certified?

In sum:

Pursuant to section 401.465(2)(a), Florida Statutes, any public agency employee whose duties and responsibilities include answering, receiving, transferring, and dispatching functions related to 911 calls or supervising or serving as the command officer to a person or persons having these duties and responsibilities at a public safety answering point is required to be certified by the Department of Health by October 1, 2012. Training requirements are dependent upon personnel's length of employment as a 911 public safety telecommunicator.

Your question relates to a recently enacted law, Chapter 2010-188, Laws of Florida, which becomes effective July 1, 2010.[1] The Legislature's intent in adopting Chapter 2010-188, Laws of Florida, appears to have been the professionalization of E911 service by creating a mandatory statewide system for the certification and training of these personnel;[2] expanding the duties and functions of public safety telecommunicators;[3] adopting penalties for violations of the act;[4] and extending funding options for implementing the provisions of the act.[5]

In providing the bill analysis for Chapter 2010-188, Laws of Florida, committee staff described the present situation regarding the E911 system as follows:

"Emergency dispatchers are often the initial point of contact for the public when emergency assistance is required. Emergency dispatchers receive emergency calls from the public requesting police, fire, medical or other emergency services. These personnel determine the nature and location of the emergency, determine the priority of the emergency, and communicate the nature of the call to police, fire, ambulance, or other emergency units as necessary and in accordance with established procedures. Emergency dispatchers receive and process 911 emergency calls, maintain contact with all units on assignment, and maintain status and location of police, fire, and other emergency units, as necessary. Emergency dispatchers may be trained to enter, update, and retrieve information from a variety of computer systems to assist callers.

Many local agencies offer in-house training programs to their employees. Certification courses from private vendors are available to emergency dispatchers who may wish to show their proficiency in specified skills needed for emergency dispatch. The National Academies of Emergency Dispatch offers certification for emergency medical dispatchers, emergency fire dispatchers, emergency police dispatchers, and emergency telecommunicators. They provide a certification credential for medical, fire, and police functions in one comprehensive training program. The registration fees for these certification courses range from $320 to $550.

Emergency Dispatch in Florida

Section 365.171, F.S., governs Florida's public policy on the emergency telephone number "911." This statute specifies that it is the intent of the Legislature to "establish and implement a cohesive statewide emergency telephone number '911' plan which will provide citizens with rapid direct access to public safety agencies by dialing the telephone number '911' with the objective of reducing response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services."

In Florida, local governments handle emergency dispatching in a variety of ways to accommodate local needs and budgeting priorities. The curriculum content and length of training programs vary by agency. According to the Department of Health, all 67 Florida counties have enhanced 911 dispatch, which allows an emergency dispatch center's computers to automatically provide the caller's name, address and mapped location. The map also identifies the closest police, fire, and emergency medical services (EMS) agencies. Emergency dispatch may be handled through one or more of the agencies that handle police, fire, and EMS.

With some variation, emergency calls in some counties go to a central dispatch. The dispatcher verifies the caller's location and the nature of the call, the call is then transferred to the appropriate dispatcher who dispatches the appropriate agency (law enforcement, EMS, fire) and Emergency Medical Dispatch (EMD) is utilized to provide the caller with instructions to treat the emergency while EMS is enroute.

In some counties, when a caller dials 911, the call is directed to the Sheriff's Office. The dispatcher will determine the nature of the call and location and then decide if the call is for EMS or fire. At this point, the call may be transferred to the appropriate agency to handle the emergency or the call may be forwarded to a public safety dispatch center. If equipped, the public safety dispatch center will then provide EMD and send the appropriate EMS or fire units to the scene or the appropriate fire units to a fire emergency."[6] (citations omitted)

Chapter 2010-188, Laws of Florida, amends section 401.465, Florida Statutes, to expand the definition of a "public safety telecommunicator" formerly an "emergency dispatcher." The term is defined as:

"'911 public safety telecommunicator' means 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. However, the term does not include administrative support personnel, including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel."[7]

The act in amending section 401.465(2)(a), Florida Statutes, requires that effective October 1, 2012, any person who is employed as a "911 public safety telecommunicator" at a public safety answering point must be certified by the Department of Health.[8] A "public safety answering point," as that term is defined in section 365.172(3)(a), Florida Statutes, is "the public safety agency that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to the calls." Thus, the statute requires that all personnel who meet the definition of a "911 public safety telecommunicator" be certified.

The Department of Health is charged with developing a program for the certification of E911 public safety telecommunicators. Requirements specified by the Legislature for certification include:

1. completion of an appropriate 911 public safety telecommunication training program;

2. certification under oath that the applicant is not addicted to alcohol or any controlled substance;

3. certification under oath that the applicant has no physical or mental defect or disease that might impair his or her ability to perform the duties of the job; and

4. submission of the prescribed fee and a completed application to the department.

As of October 1, 2012, applicants must pass an examination administered by the department measuring their competency and proficiency in the subject material of the public safety telecommunication training program.[9]

The statute also contains several "grandfather clause" provisions. The statute allows the waiver of the training program requirement for those persons employed as a 911 public safety telecommunicator, a sworn, certified law enforcement officer, or certified firefighter before April 1, 2012, who successfully pass the examination administered by the department. Further, the statute requires the Department of Health to establish a procedure for the initial certification of 911 public safety telecommunicators who can document at least 3 years of supervised full-time employment as a 911 public safety telecommunicator or an emergency dispatcher since January 1, 2002.[10] In addition, the statute recognizes that 911 public safety telecommunicator trainees may be employed without certification for a 12 month period if the trainee works under the direct supervision of a certified 911 public safety telecommunicator and is enrolled in a training program.[11]

Your letter also notes the funding problems associated with E911 training and certification. The Senate staff analysis reflects these concerns:

"E911 Fees

E911 fee revenues are collected as specified in s. 365.172, F.S., and are processed and disbursed through the Emergency Communications Number E911 System Fund, as outlined in s. 365.173, F.S. Expenditures for the E911 system are limited to call-taking and call transfer costs. The E911 Board has determined that training and certification costs for the 911 call-takers are allowable expenditures which include costs for emergency medical, police and fire pre-arrival instruction training and certification, as needed by the agencies. Although such costs have been determined to be allowable expenditures from the fund, the fee revenue in the fund does not fund all allowable expenditures. The Legislature recognizes that the fees authorized under s. 365.172, F.S., may not necessarily provide the total funding required for establishing or providing the E911 service."[12] (citations omitted)

Chapter 2010-188, Laws of Florida, amends current statutes to authorize local governments to use E911 funds for dispatcher training. Section 365.172(9), Florida Statutes, setting forth the uses for which E911 may be used, has been amended to include the fees paid to the Department of Health for the certification and recertification of 911 public safety telecommunicators and the training costs for these call takers. Specifically included in the authorized expenditures of the E911 fee are:

"(a) For purposes of this section, E911 service includes the functions of database management, call taking, dispatching, location verification, and call transfer.

(b) All costs directly attributable to the establishment or provision of E911 service and contracting for E911 services are eligible for expenditure of moneys derived from imposition of the fee authorized by this section. These costs include the acquisition, implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and E911 service features, as defined in the Public Service Commission’s lawfully approved 911 and E911 and related tariffs or the acquisition, installation, and maintenance of other E911 equipment, including call answering equipment, call transfer equipment, ANI controllers, ALI controllers, ANI displays, ALI displays, station instruments, E911 telecommunications systems, visual call information and storage devices, recording equipment, telephone devices and other equipment for the hearing impaired used in the E911 system, PSAP backup power systems, consoles, automatic call distributors, and interfaces, including hardware and software, for computer-aided dispatch (CAD) systems, integrated CAD systems for that portion of the systems used for E911 call taking, network clocks, salary and associated expenses for E911 call takers for that portion of their time spent taking and transferring E911 calls, salary and associated expenses for a county to employ a full-time equivalent E911 coordinator position and a full-time equivalent mapping or geographical data position and a staff assistant position per county for the portion of their time spent administrating the E911 system, training costs for PSAP call takers, supervisors, and managers in the proper methods and techniques used in taking and transferring E911 calls, costs to train and educate PSAP employees regarding E911 service or E911 equipment, including fees collected by the Department of Health for the certification and recertification of 911 public safety telecommunicators as required under s. 401.465, and expenses required to develop and maintain all information, including ALI and ANI databases and other information source repositories, necessary to properly inform call takers as to location address, type of emergency, and other information directly relevant to the E911 call-taking and transferring function. Moneys derived from the fee may also be used for next-generation E911 network services, next-generation E911 database services, next-generation E911 equipment, and wireless E911 routing systems."[13]

Text underlined in the quote represents amendments made by Chapter 2010-188, Laws of Florida.

In sum, it is my opinion that pursuant to section 401.465(2)(a), Florida Statutes, any public agency employee whose duties and responsibilities include answering, receiving, transferring, and dispatching functions related to 911 calls or supervising or serving as the command officer to a person or persons having these duties and responsibilities at a public safety answering point is required to be certified by the Department of Health by October 1, 2012. Training requirements are dependent upon personnel's length of employment as a 911 public safety telecommunicator.

Sincerely,

Bill McCollum

Attorney General

BM/tgh

[1] See s. 5, Ch. 2010-188, Laws of Fla.

[2] Florida has had, since 2008, a voluntary certification program for 911 emergency dispatchers. See s. 2, Ch. 2008-51, Laws of Florida, codified as s. 401.465, Fla. Stat.

[3] Section 3, Ch. 2010-188, Laws of Fla.

[4] Section 2, Ch. 2010-188, Laws of Fla.

[5] Section 1, Ch. 2010-188, Laws of Fla., amends s. 365.172, Fla. Stat., to add dispatching functions to uses of E911 fees.

[6] Bill Analysis and Fiscal Impact Statement of the Senate Health and Human Services Appropriations Committee on CS/CS/CS/SB 742, dated April 8, 2010.

[7] Section 3, Ch. 2010-188, Laws of Fla., amending s. 401.465(1)(a), Fla. Stat. (2009).

[8] Id., amending s. 401.465(2)(a), Fla. Stat. (2009).

[9] Section 3, Ch. 2010-188, Laws of Fla., amending s. 401.465(2)(d), Fla. Stat.

[10] Section 3, Ch. 2010-188, Laws of Fla., amending s. 401.465(2)(i) and (j), Fla. Stat.

[11] Section 3, Ch. 2010-188, Laws of Fla., amending s. 401.465(2)(b), Fla. Stat.

[12] Bill Analysis and Fiscal Impact Statement of the Senate Health and Human Services Appropriations Committee on CS/CS/CS/SB 742, dated April 8, 2010.

[13] See s. 1, Ch. 2010-188, Laws of Fla., amending s. 365.172(9)(b), Fla. Stat.