VOLUSIA EXPOSED

"Men stumble over the truth from time to time,
but most pick themselves up and hurry off as if nothing happened."
Winston Churchill

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THE JOSSELYN CARDENAS 911 INCIDENT
Scared 13 year old girl calls 911

The recent 911 call by a scared 13 year girl has raised several questions.

First, did the 911 dispatcher act appropriately by not staying on the line with the home alone teenager?

Second, was the 911 dispatcher properly trained and authorized to be answering 911 calls?

Third, has the Volusia County Sheriff Department failed to properly address the staffing issues plaguing Volusia County's 911 system?

According to media reports, the Volusia County Sheriff Department readily admits that the deputy / dispatcher did not properly handle Ms. Cardenas' 911 call. We (VolusiaExposed.Com) agree with the VCSO's assessment.

Staffing Concerns With the 911 Emergency Communication Center

In 2012, a local media outlet questioned whether Volusia 911 dispatchers were working too much overtime.

The focus of the below article was whether public safety was being put at risk by having these dispatchers doing so much overtime.

Apparently, Volusia County responded to the above concerns by assigning deputies to work some of the overtime at the 911 communication center.

On the surface, assigning deputies to absorb some of the overtime might sound like a logical resolution, but was it?

VolusiaExposed's Email Requesting
Deputy's Training Documents
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From: VolusiaExposed
To: gdavidson@vcso.us
Subject: PRR - Josselyn Cardenas
Date: Sat, 03 Aug 2013 02:34:28 -0400

Gary Davidson
Volusia County Sheriff Dept.
Public Information Officer

Ref: Josselyn Cardenas 911 Incident

Gary:
VolusiaExposed is preparing an article on the Josselyn Cardenas 911 incident.
http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/8/2/woman_upset_911_disp.html

According to the above linked CFNEWS13.COM media report - “A spokesperson for the Volusia County Sheriff’s Office said the deputy did receive the proper training to also work in dispatch.”

We (VolusiaExposed.Com) request the deputy's name, as well as copies of any training documents that would support that he did in fact “receive the proper training to also work in dispatch”. Please handle the above as a public record request (F.S. 119)

Gary, in the particular, we (VolusiaExposed) would like to ascertain whether this deputy is certified by the Florida Department of Health as a 911 Public Safety Telecommunicator – as defined in Florida Statute 401.465.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0401/Sections/0401.465.html

Please use the below email address as our point of contact.

Thank You
VolusiaExposed.Com
volusiaexposed@cfl.rr.com
The 2012 Florida Statutes
401.465

Title XXIX
PUBLIC HEALTH

Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION

401.465 911 public safety telecommunicator certification.
(1) DEFINITIONS.—As used in this section, the term:
(a) “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.
(b) “Department” means the Department of Health.
(c) “Public safety telecommunication training program” means a 911 emergency public safety telecommunication training program that the department determines to be equivalent to the public safety telecommunication training program curriculum framework developed by the Department of Education and consists of not less than 232 hours.

(2) PERSONNEL; STANDARDS AND CERTIFICATION.
(a) Effective October 1, 2012, any person employed as a 911 public safety telecommunicator at a public safety answering point, as defined in s. 365.172(3)(a), must be certified by the department.
(b) A public safety agency, as defined in s. 365.171(3)(d), may employ a 911 public safety telecommunicator trainee for a period not to exceed 12 months if the trainee works under the direct supervision of a certified 911 public safety telecommunicator, as determined by rule of the department, and is enrolled in a public safety telecommunication training program.
(c) An applicant for certification or recertification as a 911 public safety telecommunicator must apply to the department under oath on forms provided by the department. The department shall establish by rule educational and training criteria for the certification and recertification of 911 public safety telecommunicators.
(d) The department shall determine whether the applicant meets the requirements specified in this section and in rules of the department and shall issue a certificate to any person who meets such requirements. Such requirements must include the following:
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 is free from any physical or mental defect or disease that might impair the applicant’s ability to perform his or her duties;
4. Submission of the application fee prescribed in subsection (3);
5. Submission of a completed application to the department which indicates compliance with subparagraphs 1., 2., and 3.; and
6. Effective October 1, 2012, passage of an examination approved by the department which measures the applicant’s competency and proficiency in the subject material of the public safety telecommunication training program.
(e) The department shall establish by rule a procedure that requires 20 hours of training for the biennial renewal certification of 911 public safety telecommunicators.
(f) A 911 public safety telecommunicator certificate expires automatically if not renewed at the end of the 2-year period and may be renewed if the holder meets the qualifications for renewal as established by the department. A certificate that is not renewed at the end of the 2-year period automatically reverts to an inactive status for a period that may not exceed 180 days. Such certificate may be reactivated and renewed within the 180-day period if the certificateholder meets all other qualifications for renewal and pays a $50 late fee. Reactivation shall be in a manner and on forms prescribed by department rule.
(g) The department may suspend or revoke a certificate at any time if it determines that the certificateholder does not meet the applicable qualifications.
(h) A certificateholder may request that his or her 911 public safety telecommunicator certificate be placed on inactive status by applying to the department before his or her current certification expires and paying a fee set by the department, which may not exceed $50.
1. A certificateholder whose certificate has been on inactive status for 1 year or less may renew his or her certificate pursuant to the rules adopted by the department and upon payment of a renewal fee set by the department, which may not exceed $50.
2. A certificateholder whose certificate has been on inactive status for more than 1 year may renew his or her certificate pursuant to rules adopted by the department.
3. A certificate that has been inactive for more than 6 years automatically expires and may not be renewed.
(i) The department shall establish by rule a procedure for the initial certification of 911 public safety telecommunicators as defined in this section who have documentation of at least 3 years of supervised full-time employment as a 911 public safety telecommunicator or an emergency dispatcher since January 1, 2002. This paragraph expires October 1, 2012.
(j) If a person was employed as a 911 public safety telecommunicator or a state-certified firefighter before April 1, 2012, he or she must pass the examination approved by the department which measures the competency and proficiency in the subject material of the public safety telecommunication program, as defined in paragraph (1)(c). Upon passage of the examination, the completion of the public safety telecommunication training program is waived.
(k)1. The requirement for certification as a 911 public safety telecommunicator is waived for a person employed as a sworn state-certified law enforcement officer, provided the officer:
a. Is selected by his or her chief executive to perform as a 911 public safety telecommunicator;
b. Performs as a 911 public safety telecommunicator on an occasional or limited basis; and
c. Passes the department-approved examination that measures the competency and proficiency of an applicant in the subject material comprising the public safety telecommunication program.
2. A sworn state-certified law enforcement officer who fails an examination taken under subparagraph 1. must take a department-approved public safety telecommunication training program prior to retaking the examination.
3. The testing required under this paragraph is exempt from the examination fee required under subsection (3).
(l) The department shall establish by rule a procedure for the approval of public safety telecommunication training programs required by this section.

(3) FEES.
(a) The initial application fee for the 911 public safety telecommunicator original certificate is $50.
(b) The examination fee for the 911 public safety telecommunicator shall be set by the department and may not exceed $75.
(c) The application fee for the 911 public safety telecommunicator biennial renewal certificate shall be set by the department and may not exceed $50.
(d) The application fee for department approval of a public safety telecommunication training program shall be set by the department and may not exceed $50.
(e) Fees collected under this section shall be deposited into the Emergency Medical Services Trust Fund and used solely for salaries and expenses of the department incurred in administering this section.
(f) If a certificate issued under this section is lost or destroyed, the person to whom the certificate was issued may, upon payment of a fee set by the department, which may not exceed $25, obtain a duplicate or substitute certificate.
(g) Upon surrender of the original 911 public safety telecommunicator or emergency dispatcher certificate and receipt of a replacement fee set by the department, which may not exceed $25, the department shall issue a replacement certificate to make a change in name.

(4) STATE-OF-EMERGENCY WAIVER.—The provisions of this section may be temporarily waived by the department in a geographic area of the state where a state of emergency has been declared by the Governor pursuant to s. 252.36.

Click Here
Direct Web Link to F.S.401.465

Were Training Issues Properly Resolved
Prior To Assigning Deputies To Answer Phones
At The 911 Communication Center?

While the below media article does not identify the particular Volusia County deputy that handled Ms. Cardenas' 911 call, a Volusia County Sheriff spokesperson did assure us that the deputy had received proper training in the handling of emergency 911 calls.

While some local media outlets may feel comfortable accepting the Volusia County Sheriff Department's assurances that the deputy received the proper training - we (VolusiaExposed.Com) would rather review the documents that support the deputy's training.

According to Florida Statute 401.465 (see above copy), 911 dispatchers (911 public safety communicators) must maintain a certification with the Florida Department of Health.

In your review of the above copy of F.S. 401.465 - we recommended paying particular attention to the yellow highlighted area. According to this particular section of the law, a certified law enforcement officer can work as a 911 dispatcher under certain circumstances, as long as he / she has successful taken and passed the Department of Health's examination.

So are we (VolusiaExposed) stating that the deputy was NOT properly trained - in opposition to the VCSO statement? Absolutely not, rather we are just attempting to ascertain where exactly, within F.S. 401.465 or any other law, the deputy was authorized to be working within the 911 communication center. Was he considered to be a "trainee", had he successfully passed the Department of Health examination, or other possibilities?

In short, we (VolusiaExposed.Com) are requiring (via the above email) that our sheriff department provide us with the public records that support exactly what (if any) training this deputy has received in emergency 911 telecommunications. Absent these documents being provided - would it be reasonable for us to question whether this deputy had the proper training?

Standby to standby - we (VolusiaExposed) will let you know, what, if any, documents that the VCSO provide to us.

UPDATE - VCSO RESPONDS TO OUR EMAIL INQUIRY

Supportive Documents Received

VCSO, per our (VolusiaExposed) request, sent us the attached supportive documents that tend to indicate that Deputy Jon Roberts was a "certified" 911 dispatcher on the date of Josselyn Cardenas' call for assistance. (see scroll box to right)

However, here is where some clarity is needed.

Apparently, per Florida Statute 401.465 - certified law enforcement officers do NOT need to be certified Public Safety Telecommunicators.
Deputy Roberts is a certified law enforcement officer (as per F.S. Chapter 943).

However, Florida Statute 401.465 does require certified law enforcement officers to take and pass a Florida Department of Health examination prior to them working as a public safety telecommunicator, and attached documents support that Deputy Roberts took and passed such an examination in April 2012.

VCSO's Response
Deputy's Training Documents
and Our Email To
The Department Of Health
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From: "Davidson, Gary"
To: VolusiaExposed
Subject: RE: PRR - Josselyn Cardenas
Date: Tue, 6 Aug 2013 09:59:32 -0400

The deputy's name is Jon Roberts. He is not certified by the Florida Department of Health, as state law waives that requirement for sworn, state-certified law enforcement officers working as 911 public safety telecommunicators. Deputy Roberts meets all of the statutory requirements, to include passage of the state certification exam. As requested, the documentation in support of my statement that Deputy Roberts received the necessary/appropriate training to work as a 911 telecommunicator (Emergency Medical Dispatch Certification, CPR/AED Certification and proof of passing the state certification exam) are attached. FYI, the attached EMD Certification expired last month. However, Deputy Roberts has fulfilled all of the requirements for EMD re-certification and we are just waiting for the certificate to arrive in the mail.

Gary

VolusiaExposed.Com's Email
To The Florida Department Of Health

From: VolusiaExposed
To: rebecca_cash@doh.state.fl.us
Cc: gdavidson@vcso.us
Bcc: REDACTED
Subject: Deputy working a PST
Date: Tue, 06 Aug 2013 14:23:16 -0400

Rebecca Cash
Florida Department of Health
911 PST Program Manager

Dear Rebecca:

Recently, Volusia County had an incident whereas a 911 operator ended a call with a 13 year old teenager, who was home alone. During this incident, the teenager thought that someone was attempting to break into her home. (Please refer to below linked media accounts of the incident)

http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/8/2/woman_upset_911_disp.html

http://www.wftv.com/news/news/local/volusia-sheriff-apologizes-after-911-dispatcher-ha/nZFM3/

This 911 operator (identified by the sheriff department as Jon Roberts) is NOT certified by the State of Florida as a 911 Public Safety Telecommunicator.

The Volusia County Sheriff Department has provided us with an April 4, 2012 letter from your office, signed by you, that indicates that Mr. Roberts “passed the examination for Florida Certification as a 911 Public Safety Telecommunicator (PST)”. (see attached copy – PDF format)

Does the contents of this April 4, 2012 letter grant Mr. Roberts the LEO exemption of F.S. 401.465? In short, is he authorized to perform the duties as listed below? And if not, what are the requirements, to include time frames, for him to work in the capacity of a PST?

-----------------------

{F.S. 401.465 (k)1. The requirement for certification as a 911 public safety telecommunicator is waived for a person employed as a sworn state-certified law enforcement officer, provided the officer:
a. Is selected by his or her chief executive to perform as a 911 public safety telecommunicator;
b. Performs as a 911 public safety telecommunicator on an occasional or limited basis; and
c. Passes the department-approved examination that measures the competency and proficiency of an applicant in the subject material comprising the public safety telecommunication program.
2. A sworn state-certified law enforcement officer who fails an examination taken under subparagraph 1. must take a department-approved public safety telecommunication training program prior to retaking the examination.
3. The testing required under this paragraph is exempt from the examination fee required under subsection (3).
(l) The department shall establish by rule a procedure for the approval of public safety telecommunication training programs required by this section.}

------------------------------------

Last year Volusia County came under media scrutiny (WFTV Channel 9) regarding how many overtime hours were being assigned to Volusia's PSTs. Apparently, Volusia County's response to this concern was to assign some of this overtime to their deputies. We (VolusiaExposed.Com) would just like to verify that these deputies, in this particular instance, Deputy Jon Roberts is qualified to fill this post (PST) – in compliance with Florida laws.

Would Deputy Roberts assignment to the PST post, in order to resolve the "overtime" issue, fall within the "occasional or limited basis" exemption?

Any assistance / clarification you can provide will be greatly appreciated, and included in our update to the below linked article. http://volusiaexposed.com/vcso/jcardenas.html

In fairness to the VCSO, we have carbon copied this email to their Public Information Officer, Gary Davidson.

Given that all parties involved (VolusiaExposed.Com, VCSO and your office) primary objective is the health and welfare of the citizens of the State of Florida, we look forward to your response in this matter of community concern.

Please use our below email as our point of contact.

Regards,

VolusiaExposed.Com
volusiaexposed@cfl.rr.com

Deputy Jon Robert's
Training Documents

Certified By Whom?
More Clarifications Needed

Clearly, by the VCSO's own admission - Deputy Roberts is NOT a certified Public Safety Telecommunicator (PST),as defined in F.S. 401.465, but rather is working under an exemption of Florida law, that allows law enforcement officers to work in the capacity of a PST in a "occasional and limited basis".

One of our (VolusiaExposed) concerns is whether, reducing the overtime load on certified PSTs would qualify for the "occasional and limited basis" exemption?

Thus was our rationale for sending the above email (see above scroll box) to Rebecca Cash of the Florida Department of Health, in which we outline some of our questions and concerns.

We are waiting for Ms. Cash's reply - Stand By to Stand By - it shall be interesting whether we receive any clarification from our Florida State officials.

-----------------------------------------------

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If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida.

SARASOTA HERALD-TRIBUNE'S
SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION

by Matthew Doig and Anthony Cormier

Additional concerns surrounding the
Volusia County Sheriff's Department

We look forward to your comments on this situation.
Drop us a line to let us know what you think.

EMAIL US

DOES SHERIFF JOHNSON HAVE A SUBSTANCE ABUSE PROBLEM?
Play the above video - and then decide for yourself.
________________________________

Sheriff Johnson claiming that
he does not drink.
(October 2012)

Sex Crimes
and
VCSO Press Releases

The VCSO issued a press release on the Stewart-Marchman molestation incident - but did not issue a press release of a jail rape - why not?

---------------

DID A CONFLICT OF INTEREST
INFLUENCE THE JAIL'S
RAPE INVESTIGATION?

Assistant County Attorney, Nancye Jones handles many of the litigations coming out of the Volusia County jail.

Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail.

We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability.

Our concern includes this particular in-custody sexual battery investigation, and the below listed situations.

We invite you to review our concerns.

---------------

The Failure of the FMJS Jail Inspection Process, Florida needs to return to the independent FAC 33-8 Inspection Process.

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VolusiaExposed's Email RequestingDeputy's Training Documents

VCSO's ResponseDeputy's Training Documentsand Our Email To The Department Of Health

VolusiaExposed's Email Requesting
Deputy's Training Documents

VCSO's Response
Deputy's Training Documents
and Our Email To
The Department Of Health