HomeMy WebLinkAboutOrder No. 20-062 - Extension of Certificate of Public Convenience and Need ("COPCN") (10-01-20)JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4763332 10/07/2020 11:35:14 AM
OR BOOK 4487 PAGE 367 - 369 Doc Type: ORD
RECORDING: $27.00
ORDER NO. 20-062
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR AMENDING EMERGENCY ORDER
NO.20-025, AS AMENDED, PROVIDING FOR THE FURTHER 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
1
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 cancelled all public meetings through April 30,
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 was unknown prior to the May 19, 2020 Board meeting
2020; and,
20. There are several COPCNs which would have expired 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. On April 22, 2020, the St. Lucie County Administrator executed Emergency Order No. 20-
025 which extended 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. In order for the next meeting of the Emergency Medical Services Advisory Council to
comply with the communications media technology requirements for non -televised public meetings as
set forth in Emergency Order No. 20-12, as amended by Emergency Order No. 20-52, on July 28, 2020 the
County Administrator executed Emergency Order No. 20-053 to amend Emergency Order No. 20-053 to
extend the term of any COPCN which would expire on or before July 31, 2020 through and including
September 30, 2020; and,
24. The Board of County Commissioners will consider renewal of the COPCNs which have
2
previously been extended during its meeting on October 6, 2020; and,
25. The County Administrator has determined it is necessary to further amend Emergency
Order No. 20-012 to further extend the term of any COPCN which would expire on or before July 31, 2020
through and including October 20, 2020 in the event consideration of the renewals is continued to the
next meeting following October 6, 2020; and,
26. 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.
NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. The determinations, orders, and declarations identified above are incorporated herein.
A COPCN Extension Order is hereby established effective as of 8:00 a.m. on July 28, 2020.
This extension shall continue through and including October 20, 2020, subject to further
extension order of the County Administrator as may be deemed appropriate.
3. 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 0-00/p.m. on day of
2020. This Order will expire upon the expiration of the existing State of Local
Emergencil 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 the Office of the Clerk of the Circuit Court.
Signed this day of , 2020 at (am) 4OM)
1
H94vard N. ipton
C unty Administrator
S/Atty/State of Emergency/Order-COPM 3rd Extension