HomeMy WebLinkAbout08-011
ORDINANCE NO. 08-011
AN ORDINANCE AMENDING SECTION 1-12.5-3
(DEFINITIONS) OF CHAPTER 1-12.5 (LIFE SUPPORT
SERVICES) OF THE CODE OF ORDINANCES OF ST.
LUCIE COUNTY, FLORIDA, AMENDING THE
DEFINITION OF NON-EMERGENCY MEDICAL CALL TO
PERMIT AUTHORIZATION BY THE ST. LUCIE COUNTY
FIRE DISTRICT OF NON-EMERGENCY MEDICAL CALLS
TO AN EMERGENCY ROOM; DEFINING PREHOSPIT AL;
AMENDING SECTION 1-12.5-4 (CLASSIFICATION OF
CERTIFICATES) OF CHAPTER 1-12.5 (LIFE SUPPORT
SERVICES) OF THE CODE OF ORDINANCES OF ST.
LUCIE COUNTY, FLORIDA, BY CLARIFYING THE
DEFINITIONS OF CLASS A AND CLASS E
CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY; AMENDING SECTION 1 -12.5 - 5
(APPLICATION-INFORMATION AND FEE REQUIRED) OF
CHAPTER 1-12.5 (LIFE SUPPORT SERVICES) OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA, BY ADDING MAXIMUM NUMBER OF
TRANSPORT VEHICLES PROPOSED AND PROOF OF
MEDICAID PROVIDER ST ATUS OR PENDING
APPLICATION; AMENDING SECTION 1-12.5-7 (SAME-
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL
REVIEW) TO INCLUDE REVIEW OF PROPOSED MAXIMUM
NUMBER OF TRANSPORT VEHICLES; AMENDING
SECTION 1-12.5-8 (SAME-BOARD OF COUNTY
COMMISSIONERS REVIEW) TO ADD MAXIMUM NUMBER
OF PERMITTED TRANSPORT VEHICLES ALLOWED UNDER
AN APPROVED CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY; AMENDING SECTION 1-12.5-13
(REQUIREMENTS FOR CERTIFICATE HOLDERS) OF
CHAPTER 1-12.5 (LIFE SUPPORT SERVICES) TO ADD
REQUIREMENT FOR MONTHLY SERVICE REPORTS AND
PROOF OF MEDICAID PROVIDER STATUS; AMENDING
AMENDMENT OF SECTION 1-12.5-16 (RENEWAL OF
CERTIFICATE) TO PROVIDE FOR AMENDMENT OF
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SEDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
AINT LUCIE COUNTY
~~~ 3191191 04/08/2008 at 04:26 PM
OK 2959 PAGE 75 - 86 Doc Type' ORDN
RECORDING: $103,50 '
CERTIFICATE TO INCREASE MAXIMUM NUMBER OF
PERMITTED TRANSPORT VEHICLES; PROVIDING FOR
CONFUCTING PROVISIONS; SEVERABIUTY AND
APPUCABIUTY; PROVIDING FOR FlUNG WITH THE
DEPARTMENT OF STATE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND
PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. Pursuant to Section 401.25, Florida Statutes, every person, firm,
corporation, association, or governmental entity which provides prehospital or interfacility
advanced life support services or basic life support transportation services must be
licensed by the State of Florida Department of Health before offering such services to
the public.
2. Subsection 401.25(2)(d), Florida Statutes, requires an applicant for a State
of Florida advanced life support or basic life support transportation certificate to provide
proof of having obtained a certificate of public convenience and necessity from each
county in which it intends to operate as a part of the application process.
3. On February 20, 1996, the Board of County Commissioners adopted
Ordinance No. 96-04 which created Chapter 1-12.5, "Life Support Services" of the St.
Lucie County Code of Ordinances and Compiled Laws to establish procedures and criteria
for issuing County certificates of convenience and necessity as provided in Subsection
401.25(2)(d), Florida Statutes.
4. A significant number of County residents depend upon Medicaid providers
for transportation to and from medical services.
5. As long as St. Lucie County is the administrator of the Medicaid program in
the County, it is in the best interest of residents of the County to amend Chapter 1-12,5
to require holders of County certificates of convenience and necessity, who have more
than two vehicles, to participate as Medicaid providers.
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2.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A.
AMENDMENT OF SECTION 1-12.5-3 (DEFINITIONS) OF
CHAPTER 1-12.5 (UFE SUPPORT SERVICES).
Section 1-12.5-3 of Chapter 1-12.5 of the Code of Ordinances of St. Lucie
County, Florida, is hereby amended as follows:
Sec. 1-12.5-3. Definitions.
The following words shall be defined as set forth below:
***
Non-emergency medical call means any request for medical assistance or transportation
which does not require the immediate and prompt dispatch of the emergency medical
services provider, and any situation which does not require the immediate and prompt
provision of medical assistance and transportation to an emergency room. unless
authorized by the St. Lucie County Fire District.
***
Prehospital call means any Basic Life Support or Advanced Life Support transport to an
emergency department.
***
PART B.
AMENDMENT OF SECTION 1-12. 5-4(CLASSIFICA TION
OF CERTIFICATES) OF CHAPTER 1-12.5 (UFE SUPPORT
SERVICES).
Section 1-12.5-4 of Chapter 1-12.5 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended to read as follows:
Sec. 1-12.5 -4. Classification of certificates.
There shall be the following six (6) categories of certificates of public convenience
and necessity in St. Lucie County:
(1) Class A. Certificates of public convenience and necessity for governmental entities
which use advanced life support and basic life support ground, air or water vehicles to
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conduct a pre-hospital EMS advanced life support or basic life support service and other
emergency transports calls when requested. Class A shall include the services provided
under all other categories of certificates of public convenience and necessity in St. Lucie
County.
(2) Class B. Certificates of public convenience and necessity for businesses, agencies and
hospitals which use advanced life support and basic life support ambulances to conduct
operate a non-emergency interfacility medical transport calls or transfer service at tne
ALS or ßLS le·Jel.. not including transportation to emergency rooms. unless authorized by
the St. Lucie County Fire District. -
(3) Class C. Certificates of public convenience and necessity for businesses, agencies,
hospitals, and governmental entities which use ambulances to operate non-emergency
interfacility medical transport calls or transfer services under a physician's order which
originate in the county and which require on-board clinical capabilities which may exceed
those of a conventionally equipped and staffed ALS ambulance.
(4) Class D. Certificates of public convenience and necessity for businesses and agencies
which use ambulances based outside the county to provide specific non-emergency medical
services calls as identified on the certificate and limited to transports originating within
the county and terminating out of the county.
(5) Class E Certificates of public convenience and necessity for businesses, agencies,
hospitals, and governmental entities which use air ambulances to transport persons
requiring or likely to require medical attention during transport.
(6) Class F. Certificates of public convenience and necessity for businesses, agencies,
hospitals and governmental entities which use wheelchair vehicles to provide non-medical
calls ser·Jice.
PART C.
AMENDMENT OF SECTION 1-12.5-5 (APPLICATION-
INFORMATION AND FEE REQUIRED) OF CHAPTER 1-
12.5 (UFE SUPPORT SERVICES).
Section 1-12.5-5 of Chapter 1-12.5 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended to read as follows:
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Section 1-12.5-5. Application - Information and fee required.
No person, firm, governmental entity, agency, corporation, partnership or
association shall operate any of the services as described in the classification of service in
Section 1-12.5-4 unless it has first obtained a certificate of public convenience and
necessity issued by the Board. Each application for a certificate of public convenience and
necessity shall be accompanied by a non-refundable filing fee to be approved by resolution
of the Board and payable to the County at the time the application is submitted to the
County to cover the costs and expenses incurred by the County in processing the
application. An applicant for an initial certificate of public convenience and necessity shall
apply to the Board in writing and complete a form provided by the Public Safety Director
which shall contain the following information:
*******************
@ The maximum number of transport vehicles which the applicant intends to
operate in the County, including those identified in the vehicle roster as well
as any planned expansion.
il.Z) If the applicant is in Classes A-D or F. has more than two transport vehicles.
and as long as St. Lucie County is the administrator of the Medicaid program.
proof of the applicant's approved Medicaid provider status. In lieu of such
proof. the applicant may submit a copy of a pending application filed with the
Agency for Health Care Administration to become an approved Medicaid
transportation provider.
PART D. AMENDMENT OF SECTION 1-12.5-7 (SAME-EMERGENCY
MEDICAL SERVICES ADVISORY COUNCIL REVIEW
REQUIREMENTS FOR CERTIFICATE HOLDERS)
Section 1-12.5-7 of Chapter 1-12.5 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended to read as follows:
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Section 1-12.5-7. Same-Emergency Medical Services Advisory Council review.
The council will review the application, consider the recommendations of the public
safety director, the fire chief, other service providers, any effected municipality and
forward a recommendation on the application to the board.
In making its recommendation to the board, the council shall consider the following
factors:
(1) Compliance with the appropriate license requirements set forth in Chapter
401, Florida Statutes, and Chapter lOD-66, Florida Administrative Code.
This shall not apply to applicants for a Class F certificate.
(2) The population density and composition of the areas within which the
proposed service will operate.
(3) The need of the people in the proposed service area for such service.
(4) A comparison of estimated annual requests for service in the particular
certificate category with the current number of vehicles satisfying requests
permitted for operation and operating in the proposed service area.
(5) The recommendation of any municipality located within the proposed service
area.
(6) The recommendation of the local or regional agency created under Chapter
95, Florida Statutes. This shall not apply to applicants for a Class F
certificate.
(7) Such other factors related to the standards of review set forth in section
1-12.5-9, as the Council shall deem appropriate.
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PART E.
AMENDMENT OF SECTION 1-12.5-8 (SAME-BOARD OF
COUNTY COMMISSIONERS REVIEW)
Section 1-12.5-8 of Chapter 1-12.5 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended to read as follows:
Section 1-12.5-8. Same-Board of county commissioners review.
(A) Upon receipt of a recommendation from the emergency medical services
advisory council regarding an application for a certificate of public convenience and
necessity, the board shall consider the application of a public hearing held no sooner than
fourteen (14) days following publication at the applicant's expense of a legal notice in a
newspaper of general circulation in St. Lucie County. Such notice shall be in substantially
the following form:
NOTICE OF APPLICATION FOR CLASS "_" CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY
Notice is hereby given that, pursuant to Chapter 1-12.5 of the Code of
Ordinances of St. Lucie County, Florida, (name of applicant) whose business
address is has made application to the Board of
County Commissioners for a Class _ certificate of public convenience and
necessity. The Board will consider the application at its regular meeting to
be held in the County Commission Chamber, St. Lucie County Administration
Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida at -AGe 6:00 p.m.
on
Dated this
day of
,-1-9
Board of County Commissioners
St. Lucie County, Florida.
(b) The board shall issue a certificate of public convenience and necessity if the
board determines that the application complies with the requirements of this chapter and
is consistent with the standards of review set forth in Section 1-12.5-9. The approval
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shall include the class of certificate and the maximum number of transport vehicles
permitted under the certificate.
(c) Each certificate of public convenience and necessity issued hereunder shall
be signed by the chairman or the vice-chairman of the board and attested to by the clerk
of the board, or his designee.
(d) Each certificate of public convenience and necessity issued pursuant to this
chapter will be valid for a period of two (2) years, subject to renewal in accordance with
the procedures set forth in section 1-12.5-16.
PART F.
AMENDMENT
CERTIFICATE
SERVICES).
OF SECTION 1-12.5-13 (REQUIREMENTS FOR
HOLDERS) OF CHAPTER 1-12.5 (UFE SUPPORT
Section 1-12.5-13 of Chapter 1-12.5 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended to read as follows:
Section 1-12.5-13. Requirements for certificate holders.
Each certificate holder, and its employees including paramedics and emergency
medical technicians shall comply with the following:
(1) Maintain at each place of business a copy of the standard operating
procedures which the service provider will use to give general specific instruction to its
personnel concerning the nature of their duties and responsibilities. These procedures
shall be reviewed by the public safety director prior to the effective date of the
certificate.
(2) Comply with all lawful directives of the public safety director, the fire chief
and the medical director involving any medical protocols and training directives not
preempted by the State of Florida.
(3) Provide continuous and uninterrupted service within the service area.
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(4) Maintain the minimum number of vehicles determined by the public safety
director and the certificate holder's medical director to be appropriate considering the
population and geographical distance of the service area, but in any event not be less then
(1) fully staffed operating vehicle.
(5) Ensure that its vehicles are driven in a safe and lawful manner at all times.
(6) Keep posted at all business locations a copy of the certificate including the
approved rate schedule. The certificate holder may adjust the rate schedule without
board approval; however, the certificate holder shall maintain the adjusted rate for one
(1) year and shall notify the public safety director in writing of a rate change at least
thirty (30) days prior to the effective date of the rate change.
(7) Operate in compliance with all applicable federal, sate and local laws, rules,
and regulations.
(8) Provide monthly copies of vehicle runs and radio logs to the public safety
director upon request, to the extent permitted by law the public records law of the State
of Florida. The monthly reports shall be due on or before the fifteenth (15th) day of the
month for the previous month.
(9) On or before October 1 of each year provide annual proof of insurance in the
amounts required pursuant to Rule lOD-66.61, Florida Administrative Code.
(10) On or before October 1 of each year provide a current list of all vehicles,
vehicle drivers and crews and their certificate levels.
(11) Use emergency lights and sirens only for properly authorized emergency
situations in compliance with state and local law enforcement policy. A certificate holder
must notify the St. Lucie County 911 communications center when emergency lights and
sirens are used in the county.
@ If the certificate holder has more than two transport vehicles and as long as
St. Lucie County is the Medicaid administrator. within ninety (90) days of the issuance of a
certificate of public convenience and necessity for Classes A-D or F. the certificate
holder shall provide proof that is it is an approved Medicaid transportation provider,
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2.
Thereafter. on or before October 1st of each year. as long as St. Lucie County remains the
Medicaid administrator. the certificate holder shall provide proof of its current approved
Medicaid transportation provider status.
PART G.
AMENDMENT OF SECTION 1-12.5-16 (RENEWAL AND
AMENDMENT OF CERTIFICATE).
Section 1-12.5-16 of Chapter 1-12.5 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended to read as follows:
Section 1-12.5-16. Renewal and amendment of certificate.
(a) A certificate holder shall submit an application for renewal of its certificate
to the public safety director at last ninety (90) days prior to the date of expiration of
the certificate. Each application for renewal of a certificate of public convenience and
necessity shall be accompanied by a non-refundable fee in an amount to be approved by
resolution of the board. The application for renewal shall be reviewed by the emergency
medical services advisory council fo compliance with the terms of the certificate and the
requirements of section 1-12.5-13 and the results of any inspections conducted pursuant to
section 1-12.5-14. Following its review, the council shall forward a recommendation on the
renewal application to he board of county commissioners. The board of county
commissioners shall renew a certificate upon a determination that the certificate holder
remains in compliance with the terms of its certificate and this chapter.
íQì In the event a certificate holder desires to amend its certificate to
increase the maximum number of permitted transport vehicles. it shall submit an
application to the public safety director indicating the proposed increase in permitted
vehicles, the type of additional vehicles proposed. and documented justification for the
proposed increased based upon its monthly service reports and such other factors as the
certificate holder may deem relevant. Upon receipt of the application for an increase in
permitted transport vehicles. the public safety director shall transmit the application to
the emergency medical services advisory council for review and recommendation to the
board of county commissioners. The emergency medical services advisory council shall
review the recommendation in accordance with the provisions of section 1-12.5-7 and
forward a recommendation to the board of county commissioners. The board shall
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consider the application in accordance with the procedures and standards of review as set
forth in sections 1-12.5-8 and 1-12.5-9.
PART H.
CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART I.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions
of this ordinance. This ordinance shall be applicable within recorded subdivisions in
unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held
to be inapplicable to any person, property, or circumstance, such holding shall not affect
its applicability to any other person, property, or circumstance.
PART J.
FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance
to the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART K.
EFFECTIVE DATE.
This ordinance shall take effect on May 1, 2008.
PART L.
ADOPTION.
After motion and second the vote on this ordinance was as follows:
Chairman Joseph Smith
Vice Chairman Paula Lewis
Commissioner Charles Grande
Commissioner Doug Coward
AYE
AYE
AYE
AYE
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Commissioner Chris Craft
AYE
PARTM.
CODIFICA nON.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or
relettered to accomplish such intention; provided, however, that Parts F through I shall
not be codified.
PASSED AND DULY ADOPTED this 25th day of March, 2008.
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
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