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HomeMy WebLinkAboutOrder No. 20-025 - Extension of Certificate of Public Convenience and Need ("COPCN") (04-22-20) ORDER NO. 20-025 AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR PROVIDING FOR EXTENSION OF CERTIFICATES OF PUBLIC CONVENIENCE AND NEED ("COPCN") IN RESPONSE TO A COUNTY WIDE THREAT FROM THE COVID-19 VIRUS WHEREAS,the St. Lucie County Administrator has made the following determinations: 1. Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute respiratory illness that can spread among humans and presents with symptoms similar to those of influenza; and 2. In late 2019, a new and significant outbreak of COVID-19 emerged in China; and 3. The World Health Organization previously declared COVID-19 a Public Health Emergency of International Concern; and 4. In response to the recent COVID-19 outbreak in China, Iran, Italy,Japan and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non-essential travel to or from those countries; and 5. On March 1, 2020, the Governor of the State of Florida issued Executive Order Number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and 6. On March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and 7. On March 7, 2020, the Governor of the State of Florida directed the Director of the Division of Emergency Management to activate the State of Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and 8. On March 9, 2020, the Governor of the State of Florida issued Executive Order Number 20-52 declaring that a state of emergency exists in the State of Florida as a result of the spread of the COVID-19 virus and imminent threat to the health and welfare of the citizens of Florida; and 9. On March 13, 2020, the President of the United States issued a proclamation of a declaration of national emergency; and 10. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of Local Emergency COVID-19 Public Health Emergency("St. Lucie County Declaration of Emergency"); and 11. On March 24, 2020, the Governor of the State of Florida issued Executive Order No. 20- 83 directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and persons that have serious underlying medical conditions that place them at high risk of severe illness from COVID-19 urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19; and 12. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT 1 SAINT LUCIE COUNTY FILE# 4701927 04/23/2020 12.23.51 PM OR BOOK 4412 PAGE 1633-1635 Doc Type:ORD RECORDING: $27.00 directed the State Surgeon General and the State Health Officer to issue a public health advisory providing that individuals should cease all social or recreational gatherings of 10 or more people; and 13. On March 25, 2020, the State Surgeon General issued a Public Health Advisory consistent with Executive Order 20-83; and 14. On March 25, 2020, the President of the United States declared that a major disaster exists in the State of Florida as a result of COVID-19; and 15. St. Lucie County must continue to take emergency action to lessen the spread of COVID-19; and 16. Due to Executive Order 20-91, the Board has cancelled all public meetings through April 30, 2020. The next Board meeting is scheduled for May 19, 2020; and 17. Pursuant to Chapter 401 and Section 152.01(1)(n), Florida Statutes, and Chapter 18, Article III, of the St. Lucie County Code of Ordinances, the Board of County Commissioners issues certificates of public convenience and necessity ("COPCN") for emergency medical transport services, advanced life support services, basic life support services, air ambulances and wheelchair transport services; and 18. Pursuant to Section 18-62, St. Lucie County Code of Ordinances, COPCNs may be renewed based upon the recommendation of the Emergency Medical Services Advisory Council and approval of the Board of County Commissioners; and, 19. In conjunction with the cancellation of all public meetings, the date of the next Emergency Medical Services Advisory Committee meeting is unknown; and, 20. There are several COPCNs which will expire prior to the May 19, 2020 Board meeting, including those issued to the St. Lucie County Fire District; and, 21. The services provided by these COPCN holders are particularly essential to the community during the COVID-19 pandemic; and, 22. As St. Lucie County Administrator, I have determined that it is appropriate to extend the term of any COPCN which would expire on or before July 31, 2020, subject to the COPCN holder providing to the Public Safety Director proof of compliance with the insurance requirements set forth in Section 18-57, St. Lucie County Code of Ordinances; and 23. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the extent necessary to accommodate the emergency; and NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 1. The determinations, orders, and declarations identified above are incorporated herein. lob fI 2. A C PCN Extension Order is hereby established effective as of U (am (pm) on 2020. This extension shall continue through and includi g July 31, 2020, subject to further extension order of the County Administrator as may be deemed appropriate. This Order, as set out above, shall be placed on the agenda of the next Board of County Commissioners meeting for purposes of review and ratification. Severability. Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Order, with the remainder of the Order remaining intact and in full force and effect. To the extent application of some or all of the provisions of this Order is prohibited on the sovereign land of a federally or state recognized sovereign Indian tribe, such application is expressly excluded from this Order. Effective Date; Duration. This Order is effective twenty-four hours after adoption as of a.m p.m. on day of 2020. This Order will expire upon the expiration of�existing State of Local Eme gency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Order. Prior resolutions and emergency orders remain in force and effect unless modified or superseded. This Order shall be filed in M Office of the Clerk of the Circuit Court. Signed this day of 2020 at ` ar) (pm). oward A. Tipt n County Administrat rr S/Atty/State of Emergency/Order-COPCN Extension