The URL can be used to link to this page

Home My WebLink About24-016 • ORDINANCE NO. 24-016 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY • o CODE BY AMENDING CH. 18, EMERGENCY 5 o MANAGEMENT AND EMERGENCY SERVICES,ARTICLE u !— III, LIFE SUPPORT SERVICES, SECTION 18-61, TRANSFER AND ASSIGNABILITY TO PROVIDE FOR THE o N°' TRANSFER AND ASSIGNABILITY OF CERTAIN • s csi CERTIFICATES OF PUBLIC CONVENIENCE AND J N NECESSITY; PROVIDING FOR CONFLICTING W co-Qui a PROVISIONS; PROVIDING FOR SEVERABILITY AND o' a • APPLICABILITY; PROVIDING FOR FILING WITH THE ce W o DEPARTMENT OF STATE; PROVIDING FOR AN W U 8 J J Y EFFECTIVE DATE; PROVIDING FOR CODIFICATION; u E J AND PROVIDING FOR ADOPTION. 1"O WHEREAS,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; WHEREAS, 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; WHEREAS, on February 20, 1996, the St. Lucie County ("County") Board of County Commissioners ("Board") adopted Ordinance No. 96-04 which created Chapter 1-12.5, "Life Support Services" of the St. Lucie County Code ("Code") to establish procedures and criteria for issuing County certificates of convenience and public necessity ("COPCN") as provided in Subsection 401.25(2)(d), Florida Statutes; WHEREAS, on August 12, 2014, the Board adopted Ordinance No. 14-020 which recodified Chapter 1-12.5 as Chapter 18 of the St. Lucie County Code of Ordinances. WHEREAS, the Board desires to amend Chapter 18, Article III, Section 18-61 to allow for the transfer and assignability of otherwise valid COPCNs; and WHEREAS, the Board has determined that the proposed amendments to the Code are in the best interest of the health, safety, and public welfare of the citizens of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Ordinance. SECTION 2. Chapter 18, Emergency Management and Emergency Services, Article III, Life Support Services, Section18-61 of the Code is amended as follows: Chapter 18 -EMERGENCY MANAGEMENT AND EMERGENCY SERVICES ARTICLE III. LIFE SUPPORT SERVICES Sec. 18-61. Transfer and assignability. (a) No certificate of public convenience and necessity issued pursuant to this article may be assigned or transferred except upon approval by the board in the same manner and subject to the same application review and process as original applications for certificates unless-the (b) Any majority transfer of shares of stock or interest of any person or operator that causes a change in the directors, officers, or majority shareholders of such person or operator The conveyance of a majority of the ownership interest of a certificate holder shall be deemed a transfer or assignment as contemplated herein and considered sufficient to require certificate of convenience and necessity an application for a Temporary Certificate. 1. A Temporary Certificate may be issued by the Public Safety Director or designee upon receipt, review and approval of a complete Transfer of Certificate of Public Convenience and Necessity Application. Applicant must provide the following when submitting an application: a. The original certificate of public convenience and necessity; b. Appropriate documentation indicating the current owner's intention to assign/transfer his/her or its business. i. If assignor/transferor is an individual, a notarized statement of his/her intention to assign/transfer(the assignor/transferor's notarized signature on the applications satisfactory); or ii. If the assignor/transferor is a partnership or limited liability company, a notarized statement from each partner or manager, as appropriate, of his/her intention to assign/transfer; or iii. If the assignor/transferor is a corporation, an appropriate corporate resolution authorizing the assignment or transfer. iv. Bill of sale, assignment and/or purchase agreement. c. Picture identification of the assignee/transferee; d. Affidavit stating that there are no outstanding liens, security interest,judgments or pending litigation or any other legal impediment against owner; e. Completed Authorization for Criminal Background Check for the assignee/transferee; f. Documentation showing current legal status if the certificate is to be held in a corporate or partnership name; g_ Proof of the insurance required by this article; h. A non-refundable transfer fee to be approved by resolution of the board for each certificate to be transferred,payable to St. Lucie County Public Safety Department; i. The Public Safety Director or designee may request additional documentation to aid in the review of the application. 2. A Temporary Certificate may only be issued to an assignee/transferee of an entity holding a valid/current certificate at the time of the assignment or transfer and in good standing pursuant to this article and all applicable federal, state, local laws and regulations. 3. Upon receipt of a Temporary Certificate,the new holder shall have all of the rights and responsibilities associated with the COPCN, and must submit a completed application for an original certificate as provided for in this article within sixty (60) days. 4. The Temporary Certificate shall be valid for a period not to exceed one hundred twenty f 120) days from the date of issuance. Following the expiration of the Temporary Certificate, the Board may extend the Temporary Certificate for a specified period, or until such time as an application for the Certificate of Public Convenience and Necessity is approved, provided that the provider is determined to be in compliance with this article and all applicable laws and regulations. 5. A Temporary Certificate may be suspended or revoked in the same way and in accordance with the same process as an original certificate issued pursuant to this article. 6. The granting of a Temporary Certificate will not create a presumption that a permanent Certificate will be granted at a later date. SECTION 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,and adopted prior to January 1, 1969, 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. SECTION 4. 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. 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. SECTION 5. FILING WITH THE DEPARTMENT OF STATE.The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Department of State. SECTION 6. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon filing with the Department of State. SECTION 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, 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 Sections 3 through 7 shall not be codified. SECTION 8. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Cathy Townsend ABSENT Vice Chair Chris Dzadovsky AYE Commissioner Linda Bartz AYE Commissioner Jamie Fowler AYE Commissioner Larry Leet AYE PASSED AND DULY ADOPTED this 23th day of April, 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA ..i.,/ k./ ,/ GOMM44> BY: --.</ Deputy Clerk .Z ice - air ee, "'�' woe APPROVED AS TO FORM AND F couNri.F CORRECT S: Ai 'Ai / BY: - County Attor 4 PLORIDA DEPARTMENT 0 STATE r RON DESANTIS Governor April 30, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 24-016, which was filed in this office on April 29, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270