Sec. 38-41. - Required.

(a)

Every person who or governmental agency that advertises or engages in the business of operation of an advanced life support service or basic life support service in the county must obtain a certificate of public convenience and necessity from the board of county commissioners.

(b)

Every person who or governmental agency that routinely or regularly operates a vehicle or aircraft in the county for the purpose of engaging in the business of providing advanced life support or basic life support service must obtain a certificate of public convenience and necessity from the board of county commissioners.

(Code 1970, § 6¼-18; Ord. No. 84-02, § 3, 2-7-84)

Sec. 38-42. - Classification.

Services granted certificates required under this division shall operate in accordance with the classification of each service category and subcategory as follows:

(1)

Advanced life support service.

a.

Transport. ALS service maintained or operated with the intention of providing emergency transportation on a regular basis as a matter of established operational policy.

b.

Nontransport. ALS service maintained or operated with the intention of not providing emergency transportation on a regular basis as a matter of established operational policy.

(2)

Basic life support service. Emergency medical transport or nontransport service which uses basic life support techniques in the treatment of life-threatening emergencies on a regular basis as a matter of established operational policy.

(3)

Air medical transportation service. A nonmilitary service maintained or operated with the intention of providing basic or advanced life support service by aircraft for emergency medical patients as a matter of established operational policy.

(Code 1970, § 6¼-19; Ord. No. 84-02, § 4, 2-7-84)

Sec. 38-43. - Application; issuance procedures.

(a)

No person shall operate any of the services as described in section 38-42 unless a certificate of public convenience and necessity is first obtained from the board of county commissioners.

(b)

Application for a certificate of public convenience and necessity shall be made on forms provided by the board of county commissioners and received during the county's application period, which begins on January 1 and ends on January 31 of each calendar year.

(c)

Each application for a certificate shall include the following:

(1)

The name, address and telephone number of the general manager, owner, officers and directors of the applicant.

(2)

The date of incorporation or formation of the business association.

(3)

If the applicant is a corporation, the type and number of shares outstanding and the names and addresses of shareholders.

(4)

The area which the applicant desires to serve.

(5)

The addresses of the applicant's present and proposed base station location and all substations.

(6)

The names and certification numbers of all EMT's, paramedics, drivers or other attendants employed by the applicant.

(7)

The year, model, type, department of health and rehabilitative services permit number, motor vehicle or FAA license number and mileage of every ambulance, rescue vehicle, aircraft or other type of transporting or responding vehicle used by the applicant.

(8)

A description of the applicant's communication system, including its assigned frequency, call numbers, mobiles, portables, range and hospital communications ability.

(9)

The name of the municipalities and description of the geographical area that the applicant has been authorized to serve in the county, and other county in the state or any area outside of the state.

(10)

A sworn statement signed by the applicant or his authorized representative, stating that all the information provided by the applicant in the application is true an correct.

(11)

A list of equipment and supplies which will be routinely carried on each vehicle.

(12)

The county occupational license when applicable.

(13)

When applicable, a compilation statement showing assets and liabilities prepared by a certified public accountant.

(14)

Any other information as may be reasonably required by the board.

(d)

Each application for a certificate of public convenience and necessity shall be submitted to the advisory board for review, in accordance with procedures established by resolution of the board of county commissioners.

(e)

For the purpose of review of applications or determination of the applicant's compliance, the board and advisory board or its designated representative shall be empowered to perform reasonable inspections of any item pertinent to this article.

(f)

The advisory board shall hold a public hearing for the purpose of considering all pending applications for a certificate. All applicants and all certificate holders shall be notified of the date, time and place of the public hearing. The notice shall be sent by certified mail, not less than 20 days prior to the public hearing.

(g)

At such hearing, the advisory board shall consider all applications and pertinent information and shall make its finding as to each applicant and shall determine whether the public convenience and necessity of the residents of the county would best be served by granting or denying such application.

(h)

Upon making such findings and determinations, the advisory board shall forward a recommendation to the board, for the granting or denial of certificates.

(i)

The applicant shall be furnished a copy of the advisory board's recommendation. The applicant and other interested persons shall be provided an opportunity to address the board before the final determination is made.

(j)

The initial certificate granted by the board to a service shall be valid for a two-year period. Subsequent certificates granted shall be valid for such periods of two years, unless otherwise revoked, suspended or modified.

(Code 1970, § 6¼-20; Ord. No. 84-02, § 5, 2-7-84; Ord. No. 06-16, § 1, 6-20-06)

Sec. 38-44. - Rates for transportation or treatment.

Every person applying for or holding a certificate required under this division shall file with his application a schedule of proposed rates for transportation or treatment of patients.

(Code 1970, § 6¼-27; Ord. No. 84-02, § 12, 2-7-84)

Sec. 38-45. - Application review criteria.

The advisory board shall review the application for the certificate required under this division in consideration of but not limited to the following criteria:

(1)

Whether existing emergency medical transportation services are adequate to meet reasonable public need.

(2)

The number and type of services and governmental entities providing emergency advanced life support or nonemergency medical service or air medical transportation services to the area. The basis for determination of need may include a comparison of estimated annual requests for service in the particular certificate category, with the current number of vehicle satisfying requests.

(3)

A comparison of estimated annual requests for service in the particular certificate category, with the current number of vehicle satisfying requests.

(4)

The past performance and service record of the applicant obtained from sources such as hospitals, nursing homes local public safety agencies and the local department of health and rehabilitative services EMT representatives.

(5)

The financial responsibility of the applicant to maintain safe, continuous and uninterrupted services, maintain or replace equipment and maintain required liability and medical malpractice insurance upon the request of the board of county commissioners.

(6)

The condition of the vehicle sand equipment provided by the service.

(7)

The adequacy of the management plan of the applicant upon the request of this service.

(8)

That the proposed applicant will have sufficient personnel and equipment to adequately cover the proposed service area.

(9)

Any of the matters set out in section 38-43 of this article.

(Code 1970, § 6¼-21; Ord. No. 84-02, § 6, 2-7-84; Ord. No. 06-16, § 2, 6-20-06)

Sec. 38-46. - Insurance.

Every service issued a certificate required under this division shall carry bodily injury and property damage insurance or its equivalent, with solvent and responsible insurers authorized to transact business in the state, or shall be qualified by the state as a self-insurer, to secure payment for any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the service's motor vehicles. Each vehicle shall be insured for the sum of at least $100,000.00 for injuries to or death of any one person arising out of any one accident, in the sum of at least $300,000.00 for injuries to or death of more than one person in any one accident and for the sum of at least $50,000.00 for damage to property arising from any one accident. Each ALS or BLS service shall maintain medical malpractice insurance in an amount not less than $100,000.00 for injury to one person in any one incident. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the service or any person driving a vehicle of the service. Such insurance shall be obtained and certificates or certified copies of such policies shall be filed with the board of county commissioners. All such insurance policies shall provide for a 30-day cancellation notice to the board.

(Code 1970, § 6¼-26; Ord. No. 84-02, § 11, 2-7-84)

Sec. 38-47. - Revocation, modification, suspension or affirmation.

(a)

Every certificate of public convenience and necessity issued pursuant to this division is subject to revocation, modification or suspension when it is found that:

(1)

The certificate holder has failed or neglected to render services as required by the certificate or the rules and regulations promulgated under F.S. ch. 401;

(2)

The application by which the certificate was secured contained false representations or omitted material facts;

(3)

The certificate holder or his agent has demanded money or other compensation in excess of that established in his schedule of fees or rates filed with the board of county commissioners; or

(4)

The certificate holder has been convicted of a felony which renders the certificate holder of such character and conduct which fail to meet standards of conduct considered appropriate in the licensed activity. In determining whether to revoke, suspend or modify a certificate holder's certificate, the board shall consider the following factors:

a.

The nature and seriousness of the offense.

b.

The circumstances under which the felony occurred.

c.

The amount of time which has passed since the commission of the offense.

d.

The age of the person when he committed the offense.

e.

Whether the offense was an isolated or repeated violation.

f.

Social conditions which may have contributed to this offense.

g.

Any evidence of rehabilitation.

h.

The type of position or employment in which the certificate holder is involved.

i.

Any extenuating or mitigating circumstances which the certificate holder may offer.

(b)

Complaints about the service of certificate holders or evidence of infractions shall be received and investigated by the advisory board or its designee. Upon sufficient finding, the advisory board may issue a deficiency correction notice, pursuant to provisions of rules and regulations.

(c)

If the advisory board finds that revocation, suspension, modification or affirmation of a certificate is warranted, notice shall be sent to the certificate holder by certified mail of such finding and of the date of the public hearing on the matter not less than 20 days prior to the hearing date.

(d)

A public hearing shall be held by the advisory board on the scheduled date, for the purpose of considering revocation, suspension, modification or affirmation of the certificate. The advisory board shall then forward a recommendation to the board regarding the status of a certificate in question.

(e)

The board shall then either revoke, modify, suspend or affirm the certificate in question, after providing notice and an opportunity for the applicant or other interested parties to address the board.

(Code 1970, § 6¼-22; Ord. No. 84-02, § 7, 2-7-84)

Sec. 38-48. - Appeals.

Any person who is aggrieved or substantially affected by a decision of the board of county commissioners made pursuant to this division may seek relief through appeal to a court of competent jurisdiction.

(Code 1970, § 6¼-23; Ord. No. 84-02, § 8, 2-7-84)

Sec. 38-49. - Renewal.

(a)

Applications for renewal of certificates of public convenience and necessity issued under this division shall be made on forms provided by the board of county commissioners and received not later than January 31 of the year in which a certificate expires.

(b)

All requirements applicable to initial applicants for certificates of public convenience and necessity shall be applicable to certificate holders seeking to renew their certificates of public convenience and necessity.

(Code 1970, § 6¼-24; Ord. No. 84-02, § 9, 2-7-84; Ord. No. 06-16, § 3, 6-20-06)

Sec. 38-50. - Transfer or assignment.

(a)

No certificate issued pursuant to this division is assignable or transferable, except upon written approval by the board of county commissioners in the same manner and subject to the same application, investigation, fees and public hearing as original applications for certificates.

(b)

Any majority transfer of shares of stock or interest of any person or operator, so as to cause a change in the officers or stockholders of more than 20 percent of the shares of such certificated service, shall be deemed a transfer or assignment.

(Code 1970, § 6¼-25; Ord. No. 84-02, § 10, 2-7-84)