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HomeMy WebLinkAbout25-026 Ordinance No. 2025-026 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE BY REPEALING ARTICLE III, LIFE SUPPORT SERVICES, OF CH. 18, EMERGENCY MANAGEMENT AND EMERGENCY SERVICES,TO PROVIDE FOR A NEW ARTICLE III, LIFE SUPPORT SERVICES, SETTING FORTH PURPOSE; DEFINITIONS; CLASSES OF CERTIFICATES; EXEMPTIONS; o PROCEDURES FOR OBTAINING CERTIFICATES; o EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; STANDARDS OF REVIEW; EXPIRATION, RENEWAL, uA AMENDMENT, TRANSFER, REVOCATION, AND o SUSPENSION PROCEDURES; CERTIFICATE HOLDER re RESPONSIBILITIES; REPORTING REQUIREMENTS; W INSURANCE REQUIREMENTS; USE OF LIGHTS AND U o tO W ;N SIRENS DURING OPERATIONS; VEHICLE OPERATING o a PERMITS; INSPECTIONS; APPEALS; AND EMERGENCY POWERS; PROVIDING FOR CONFLICTING PROVISIONS• J 7 N Y Z J J O PROVIDING FOR SEVERABILITY AND APPLICABILITY; W~ o o PROVIDING FOR FILING WITH THE DEPARTMENT OF VQ_icKw 0 E°m STATE;PROVIDING FOR AN EFFECTIVE DATE;PROVIDING FOR CODIFICATION;AND PROVIDING FOR ADOPTION. 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 repeal and replace Chapter 18 to provide for new Chapter 18 which provides for purpose; definitions; classes of certificates; exemptions; procedures for obtaining certificates; emergency medical services advisory council; standards of review; expiration, renewal, amendment,transfer, revocation, and suspension procedures; certificate 1 holder responsibilities; reporting requirements; insurance requirements; use of lights and sirens during operations; vehicle operating permits; inspections; appeals; and emergency powers; 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 of the Code is hereby repealed and replaced with the following Article III: ARTICLE III. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY See. 18-48. Title. This article shall be known as the " Certificate of Public Convenience and Necessity Ordinance." See. 18-49. Authority and purpose. (a) This article is enacted pursuant to Chapters 125 and 401 of the Florida Statutes. The purpose of this article is to provide enhanced protection for the health, safety and welfare of residents of the County in need of emergency and non -emergency advanced life supportibasic life support ambulance transport services by providing standards and regulations for issuing certificates of public convenience and necessity for such services. (b) The Board specifically intends that the St. Lucie County Fire District shall be the exclusive provider authorized to administer, provide, and oversee all 911-initiated emergency advanced life support (ALS) and basic life support (BLS) pre -hospital ambulance transport services, as well as interfacility transfers requiring ALS care or occurring as a result of a 911 emergency response. This includes any contracted ambulance providers to include ground or rotary -wing aircraft. (c) Class B non -emergency ALS and BLS ambulance transport providers may conduct non - emergency inter -facility transfers of stable, non -emergent patients from licensed hospitals, emergency departments, and licensed mental or behavioral health facilities, including transfers from one emergency department to another, if authorized by the St Lucie County Fire District. These transports must not be initiated through the St. Lucie County 911 Center, and the patients must not be expected to require any additional ALS interventions during transport. (d) If a Class B provider is found to be non -compliant with emergency department destination transport requirements, the Fire District may suspend the provider's authorization to perform Pi such transport. This suspension shall not affect the provider's ability to conduct other non - emergency transport as outlined in this Section. (e) The County Public Safety Director or designee shall be responsible for issuing certificates of public convenience and necessity under this article and for regulating non -emergency ambulance transport service providers as provided herein. See. 18-50. Defmitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advanced life support or ALS means assessment or treatment through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the Emergency Medical Technician (EMT) -Paramedic National Standard Curriculum or the National Emergency Medical Services (EMS) Education Standards, pursuant to rules of the Florida Department of Health. Air ambulance means any fixed -wing or rotary -wing aircraft used for, or intended to be used for, air transportation of sick or injured persons requiring or likely to require medical attention during transport. Ambulance or vehicle means any private or publicly owned air, land or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, land or water transportation of sick or injured persons requiring or likely to require medical attention during transport. Basic life support or BLS means the assessment or treatment through the use of techniques described in the EMT -Basic National Standard Curriculum or the National EMS Education Standards of the United States Department of Transportation and approved by the Florida Department of Health. The term includes the administration of oxygen and other techniques that have been approved and are performed under conditions specified by rules of the Florida Department of Health. Certificate of public convenience and necessity, COPCN, or Certificate means a certificate with endorsements issued by the Board, deeming it to be in the public convenience and necessity for the named provider to operate within the confines of the County, as authorized in Section 401.25, Florida Statutes, as amended. COPCN holder or certificate holder means any person, firm, corporation, association, or governmental entity owning or acting as an agent for the owner of any business or service which has been issued a COPCN by the County. Council means the Emergency Medical Services Advisory Council. Deficiency correction notice means a notice issued by the Public Safety Director or designee, notifying a certificate holder of a deficiency or violation under this article and/or the certificate of public convenience and necessity and specifying a time period for correction. Emergency medical services or EMS means the activities or services to prevent or treat a sudden critical illness or injury and to provide emergency medical care and prehospital/interfacility emergency medical transportation to sick, injured, or otherwise. Emergency medical technician means a person who is certified by the Florida Department of Health to perform basic life support. Endorsement means the type(s) of service a COPCN holder is authorized to provide and the respective area(s) in which it may provide said service, as shown on a COPCN approved by the Board. Evacuation means the withdrawal and transport of ill or incapacitated persons who reside in threatened areas and require transport, to or from an established special medical needs shelter, utilizing ALS units or BLS transfer units, when required by the Board due to a local state of emergency. Fire District means the St. Lucie County Fire District. Fire District Chief means the Chief of the St. Lucie County Fire District or designee charged with the responsibility and authority to supervise, direct, and administer the Fire District's Emergency Medical Service, ALS and BLS system on a Countywide basis. Inspection means the routine or periodic examination and audit of the records, personnel, vehicles and staffing of a certificate holder. Interfacility means the ALS or BLS transportation of a patient by ambulance between two (2) facilities, or from the facility to the patient's home, or from the patient's home to a facility. Interfacility transport does not include 911-originated transports requiring emergency response by the St. Lucie County Fire District. Medical director means the licensed physician under contract with a certificate holder, pursuant to Section 401.265, Florida Statutes, who provides medical supervision and established medical protocols, including appropriate quality assurance (not including administrative and managerial functions) for daily operations and training for emergency medical services personnel including paramedics and emergency medical technicians. Neonatal ambulance means a specialized ALS permitted vehicle which transports only neonates to a Level II or Level III neonatal intensive care unit. Neonatal intensive care unit means a specialized unit of a hospital which is designated by the state agency for health care administration. Non -emergency means the transport of a medically stable patient whose condition does not require 0 immediate or urgent medical attention and who does not require dispatch through the 911 emergency system. These patients are not experiencing acute symptoms that pose an immediate threat to life or limb and are not expected to require unscheduled advanced life support interventions during transport. Non - emergency transport may include, but are not limited to, interfacility transfers, discharges to other licensed facilities, or transfers for medically necessary services. Paramedic means a person certified by the Florida Department of Health or the appropriate state agency who is authorized to perform basic and advanced life support, pursuant to the provisions of Chapter 401, Florida Statutes. Patient means any person who is in need of, or may need, emergency or non -emergency medical assistance or transportation. Pre -hospital call means any basic life support or advanced life support transport to an emergency department. Public interest means a determination based on the following criteria: that the benefits of the ambulance services will accrue to the community and meet the needs of the public who utilize ambulance services, consistent with the legislative intent contained in this article. Public Safety Director or designee means the director of the County public safety department or his or her designee. Response time means the interval of time between the moment the certificate holder's dispatch center receives a call requesting a response to the moment the certificate holder's ambulance vehicle arrives at the requested location of the pickup. Response time for scheduled or prearranged transports shall mean the interval of time between such scheduled or prearranged pickup time and the moment the certificate holder's ambulance vehicle arrives at the requested location of the pickup. Types of requests for responses include the following: Unscheduled/Will Call —Requests for transports as soon as possible. Response time is calculated from the time of the request to the time of arrival at the requested location of the pickup. Scheduled Transport —Requests made twenty-four (24) hours or more in advance of the pickup time. Response time is calculated from the scheduled pickup time to the time of arrival at the requested location of the pickup. Prearranged —Requests made less than twenty-four (24) hours in advance of the pickup time and, if necessary, the established pickup time may be negotiated between the customer and the provider. Response time is calculated from the established pickup time to the time of arrival at the requested location of the pickup. Transfer or transport means air, land or water vehicle transportation, by vehicles not exempted under Section 401.33, Florida Statutes, of sick or injured persons requiring or likely to require medical attention during such transportation. Sec. 18-51. Certificate of Public Convenience and Necessity 5 (a) Classification of Certificates. There shall be two (2) categories of certificates of public convenience and necessity in the County: (1) Class A. Certificates of public convenience and necessity for the St. Lucie County Fire District for operation of ambulances, including rotary -wing aircraft to conduct emergency, non -emergency, and interfacility ALS or BLS transfer service. The Board specifically intends that the Fire District shall be the exclusive provider authorized to operate under a Class A certificate of public convenience and necessity, and to provide all 911-initiated emergency ambulance transport services, as well as ALS-level interfacility transport within the County. The Fire District may also provide BLS interfacility transport as needed. Non - emergency BLS interfacility transports that do not originate through the St. Lucie County 911 Center may also be provided be provided by Class B certificate holders consistent with the terms of their authorization. (2) Class B. Certificates of public convenience and necessity for any businesses, agencies, and hospitals which use ALS and BLS ambulances to conduct non -emergency interfacility transfers, or emergency department to emergency department transfers that do not meet ALS criteria. If the provider is hospital -owned, such transport must be limited to transfers between hospitals under the sameownership. (3) Existing Class F Providers. Existing certificates of public convenience and necessity for Class F providers that are valid as of the date of adoption of this ordinance shall remain subject to the regulations and requirements set forth herein until the expiration of the current certificate, subject to suspension, alternation, or revocation, or until the County adopts alternative regulations, whichever occurs first. (b) Certificate Required. (1) Unless expressly exempted as provided herein, every person, firm, corporation, association, local government, or other entity which furnishes, operates, conducts, maintains, advertises, engages in, or professes to engage in any of the classifications of business or services described in this section shall first obtain a certificate of public convenience and necessity from the County, pursuant to the provisions of this chapter, and the appropriate license issued by the State of Florida pursuant to Chapter 401, Florida Statutes. (2) The current Class A certificate issued to the Fire District as of the date of adoption of this Ordinance shall stay in effect throughout the County Fire District's licensure period, including all renewals. Unless expressly specified herein, no other provisions of this Ordinance shall apply to the County Fire District providing Class A services within the County. (c) Exemptions. A certificate is not required for: (1)Fixed wing air ambulances used or intended to be used for air transportation of sick or injured persons who may need medical attention during transport. 3 (2)Any ambulance owned and operated by the federal government, State of Florida, or sovereign Indian tribe. (3) Vehicles used for transporting a patient pursuant to Section 768.13, Florida Statutes, known as the Good Samaritan Act. (4) A vehicle used to transport patients in the event of a major catastrophe or local or state declared emergency when ambulances with current certificates and state licenses are insufficient in number to render the services needed as determined by the Public Safety Director or designee. (5) A privately -owned vehicle not ordinarily used in the business of transporting persons who are sick, injured, wounded, incapacitated, or helpless. (6) A vehicle under the direct supervision of a licensed physician and used as an integral part of a private industrial safety or emergency management plan within a privately owned and controlled area, which vehicle may from time to time be used to transport persons in need of medical attention, but which is not available to the public and which does not routinely transport patients. (7) Any neonatal ambulance that is conducting an interfacility transfer from a hospital located within the County to a specialty -licensed children's hospital located outside of St. Lucie County. (8) Operation of ALS or BLS ambulances based outside the County, which pick up patients outside the County and transport them into the County. Sec. 18-52. Procedure for Obtaining Certificates. (a) All potential Class B service providers (individually referred to as "applicant") desiring to hold a County certificate must obtain a certificate from the Board pursuant to the provisions herein and subject to such rules and regulations as may be promulgated by the County. (b) Application. Every application for an initial certificate, or renewal of a certificate or an amendment to a certificate shall be filed with the County's public safety department, on a form approved by the County and shall contain the following information: (1) Business name under which the applicant intends to operate, mailing address, and business phone number. (2) If the applicant is a partnership, the name, email, phone number, and address of each partner; if the applicant is a corporation, the names, emails, phone numbers, and addresses of all officers, and directors of the applicant. (3) Name of applicant's general manager/contact person, and his or her phone number and email address. 7 (4) Date incorporated and evidence of authority to transact business in Florida. (5) Name, address, phone number, email address, and copy of Drug Enforcement Agency registration of the applicant's medical director. (6) A copy of the Federal Communications Commission License/Communications Contract. (7) The location and description of the place or places from which the applicant will operate to include applicant's headquarters and main base of operations, any proposed locations or substations as well as the maximum number of units the applicant proposes to place at the locations and whether the locations will provide additional coverage or improved total response times. (8) Financial information of an applicant to ensure its financial ability to provide and continue to provide service to the area in a safe, comfortable, and reliable manner. Financial information includes, but is not limited to: a. The applicant's two (2) most recent years of Medicaid and/or Medicare audits, if any. b. Three (3) years of the most recent audited financial statements of the entity and its parent company or holding company, if any. For purposes of this subsection, a parent company or holding company means any person or entity holding, owning, or in control of more than ten percent (10%) of the stock or ownership interest in the applicant's entity. c. Two (2) credit references, including at least one bank where the private applicant maintains an active account and a current report of the applicant's credit worthiness mailed to the County directly from a business credit bureau (e.g., Dun & Bradstreet, Experian, Equifax, etc.). (9) A current certificate of insurance as required in section 18-62. (10) A description of and the justification for the proposed service. (11) Proposed rate schedule and a statement regarding the applicant's willingness to provide indigent transport services. (12) Personnel roster which includes the names of all employees, positions held, State of Florida certification number or other relevant licenses required by the state and expiration date. (13) Copies of completed local and state criminal background checks performed by the state department of law enforcement on each of applicant's personnel including partners, officers, directors, and all other staff employed by or volunteering for applicant. (14) Vehicle roster which describes all the transport vehicles which the applicant proposes to use with information that includes, but is not limited to, the year, make, model, vehicle type, vehicle identification number, vehicle license number, unit number, mileage, and passenger capacity used by the applicant. (15) The number of active and reserve EMS transport vehicles that are proposed to be fully equipped and operational each day. The number of proposed ground units shall include a minimum number of active EMS transport vehicles available to meet the demand for services. (16) Staffing patterns and operational hours for each permitted vehicle in the applicant's fleet. (17) The applicant's management plan including, but not limited to, provisions for maintenance, systems for handling complaints and accidents, communication systems and quality assurance programs. (18) A statement signed by its medical director attesting that all the applicant's EMTs and paramedics are certified, qualified, and authorized to perform basic and advanced life support. (19) Proposed response time, including a description of the source for such information. (20) A summary of the history of applicant's emergency medical services performance record, which includes confirmation that at the time of application, the applicant has experience providing ALS or BLS services. (21) Disclosure of litigation involving traffic or driving related offenses or patient care where applicant was a named party for the past six (6) years including case number, nature of the claim and allegations, and a copy of final order identifying final disposition. The Public Safety Director or designee may request additional information regarding the litigation. (22) The names and addresses of at least three (3) local references from licensed medical facilities operating in St. Lucie County. (23) An agreement that should a temporary situation arise, or a local state of emergency be declared due to a serious or imminent threat to the public health, safety, welfare, or public need and convenience, the applicant shall assist as requested by the Public Safety Director or designee or designee and abide by the orders of the Fire District Chief. (24) Such other information as may be deemed necessary by the Public Safety Director or designee. (25) A sworn statement signed by the applicant or its authorized representative stating that all the information provided by the applicant is true and correct under the penalty of perjury. so (c) Application Fee. Each application for a certificate of public convenience and necessity shall be accompanied by a non-refundable application fee to be approved by resolution of the Board and payable to the County at the time the application is submitted. (d) Application Submission Period. All applications for an initial certificate shall be submitted only during the application period. Except as otherwise provided for herein, the application period shall be between August 1 and August 30 of every fourthyear. (e) Needs Assessment Survey. Prior to opening any given application period, the Public Safety Director or designee shall conduct an assessment to determine whether a public need exists for the proposed services in the County. The Public Safety Director or designee shall report such findings to the council for a recommendation to the Board on whether the application period be opened for the given year. The Board shall conduct a public hearing to determine whether to accept applications. Sec. 18-53. Public Safety Director or designee Review of COPCN Application and Recommendation. (a) Upon receipt of an application for a certificate of public convenience and necessity, the Public Safety Director or designee shall review the application for completeness and consistency with the standards of review set forth in Section 18-56. The Public Safety Director or designee may require additional information as it may be necessary to adequately review the application. (b) If the Public Safety Director or designee determines the application to be incomplete, the Public Safety Director or designee shall return the application to the applicant, noting the items which are not complete. The applicant shall have seven (7) days to submit a revised or corrected application. Any application that is not resubmitted to the Public Safety Director or designee within this period shall be considered withdrawn and the filing fee forfeited, unless good cause is shown for the late resubmittal as determined in the sole discretion of the Public Safety Director or designee. If following the seven (7) day resubmittal period, the application is missing information or the applicant failed to include all required supporting documentation, or the information or supporting documentation is untrue or falsified, or the required fees have not been paid, the Public Safety Director or designee may reject the application. (c) Within ten (10) business days following receipt of a complete application, the Public Safety Director or designee shall: (1) Transmit a copy of the application to each municipality in the County and the Fire District and request that each provide recommendations or comments to the Public Safety Director or designee in writing. (2) Provide notice to all current Class B certificate holders that a new applicant has applied for a certificate. Such notice shall be to the email address on file with the public safety department. Any current certificate holder notified as provided herein may file with the 10 County public safety department a formal protest in writing specifying its grounds for objection to the issuance of a certificate. (d) Within forty-five (45) days from receipt of the completed application, the Public Safety Director or designee shall schedule a meeting with the applicant to review the application and discuss any recommendations or comments received from the municipalities or the Fire District, as well as any formal protest from current certificate holders, and any other information or comments necessary to address the application. (e) Upon the Public Safety Director or designee determining the application to be complete, the Public Safety Director or designee shall schedule a meeting before the Emergency Medical Services Advisory Council. ( All applicants, all present certificate holders, the Fire District, and each municipality shall be notified of the date, time, and place of the meeting not less than ten (10) business days prior to the meeting by email to the email address on file with the public safety department. (g) At the meeting, the Public Safety Director or designee shall present the application with the results of the review and a recommendation to grant or deny the certificate of public convenience and necessity to the Council. Sec. 18-54. Emergency Medical Services Advisory Council; Review of COPCN Application and Recommendation. (a) Powers and Duties. The Emergency Medical Services Advisory Council shall have the following powers and duties: (1) To act as the County advisory body, keeping members informed about state and national issues of concern to emergency and non -emergency ALS/BLS transport services. (2) To make recommendations to the Board on matters related to the subject matter herein, including whether to grant or deny a certificate of public convenience and necessity. (2) To advise the Board on matters concerning EMS and non -emergency ALS/BLS transport services. (3) To study and analyze the procedures and protocols of EMS and non -emergency ALS/BLS transport services. (4) To promote regional coordination and cooperation of EMS and non -emergency ALS/BLS transport services. (5) To act as a liaison body for the County EMS and non -emergency ALS/BLS transport services. 11 (6) To provide a forum to discuss the common problems and concerns shared by EMS and non -emergency ALS/BLS transport providers serving the County. (7) To encourage optimal performance standards for County EMS and non -emergency ALS/BLS transport providers. (8) To encourage training and education of both the professional provider and members of general public in the provision of emergency medical care. (9) To engage in the planning, development, and implementation of such activities and programs as deemed desirable in order to accomplish its general objectives or purposes, either by itself or in cooperation with other persons, groups, agencies, firms, corporations or organizations with programs relating to the council powers and duties. (10) To make and issue such bylaws, rules and regulations governing its body as it may deem necessary, provided that the same are not inconsistent with federal or state laws orCounty ordinances. (b) Membership, Appointment, and Qualifications. The Emergency Medical Services Advisory Council shall be composed of eleven (11) voting members and four (4) non -voting ex-officio members. Members shall constitute a broad spectrum of the County representation. Citizen appointments shall be made to encourage a balanced cross section of the County's population to represent business and industry, civic organizations, consumers and lay persons. Citizens must be full-time County residents. The membership shall be comprised of the following: (1) Voting members: a. Each one (1) of the five (5) County Commissioners shall individually appoint one (1) member whose term shall coincide with the term of the commissioner who appointed the member; and b. The Fire District Chief or designee; and c. An emergency room nurse or staff appointed by the chief executive officer or designee of Cleveland Clinic Tradition Hospital; and d. An emergency room nurse or staff appointed by the chief executive officer or designee of HCA Lawnwood Hospital; and e. An emergency room nurse or staff appointed by the chief executive officer or designee of HCA Port St. Lucie Hospital; and f. An emergency room nurse or staff appointed by the chief executive officer or designee of Florida Coast Medical Center; and 12 g. A nurse or staff from a skilled nursing facility located in the County andappointed by majority vote of the Board; and (2) Non -voting ex-officio members: a. The Administrator of the Florida Department of Health in St. Lucie County or designee; and b. An employee or officer from a Class B (Non -Emergency Ambulance Transport Services) provider holding a current St. Lucie County certificate of public convenience and necessity and nominated by the current Non -Emergency Ambulance Transport Services providers; and c. An employee of the City of Fort Pierce appointed by the City Manager and/or City Council; and d. An employee of the City of Port St. Lucie appointed by the City Manager and/or City Council. (c) Term. Except as otherwise provided herein, the term of appointment shall be for four (4) years. There is no limit on the number of terms an individual may serve. (d) Quorum. A majority of the voting members shall constitute a quorum for the transaction of any business at any regular or special meetings of the council and a majority vote of those present shall be required to make a decision. Each voting member is entitled to one vote. (e) Council Review of COPCN Application and Recommendation. (1) Within ninety (90) days of the conclusion of the application period, the council will hold a meeting to review the application and make a recommendation for the granting or denial of the certificate to the Board. (2) In making its recommendation to the Board, the council shall consider the standards of review set forth in Section 18-56. Sec. 18-55. Board of County Commissioners Evaluation and Disposition of Applications. (a) Public hearing required. Following receipt of a recommendation from the council, the Board shall consider the application at a public hearing held no sooner than ten (10) days following publication at the applicant's expense of a legal notice in accordance with section 1-12 of the code. Such notice shall be in substantially the following form: NOTICE OF APPLICATION FOR CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY 13 Notice is hereby given that, pursuant to Chapter 18, Article III, 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 Chambers, St. Lucie County Administration AnnexBuilding, 2300 Virginia Avenue, Fort Pierce, Florida at am/pm on. Dated this day of Board of County Commissioners St. Lucie County, Florida (b) Issuance of certificate. 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 18-56. The approval shall include the maximum number of transport vehicles permitted under the certificate. (c) Term. All certificates and any renewals thereof shall be valid for a period of four (4) years from the date issued, unless earlier revoked, modified, or suspended. (d) Form of certificate. Each certificate shall contain, at minimum: (1) The name and address of the applicant. (2) The class of certificate. (3) The maximum number of vehicles permitted under the certificate. (4) The date on which the certificate expires. (5) The signature of the Board chair or the vice -chair attested to by the clerk of the Board, or his or her designee. (6) Such additional terms, conditions, provisions, and limitations that were prescribed in the approval process. See. 18-56. COPCN Standards of Review. The Public Safety Director or designee, the council, and the Board, in its legislative capacity, shall apply the following standards of review in determining whether to recommend approval or approve an application for certificate of public convenience and necessity: (a) Whether existing non -emergency ambulance transport services are adequate to meet reasonable public needs based on the needs assessment survey. 14 (b) The extent to which the applicant and all proposed equipment and personnel conform to the requirements of this article, Chapter 401, Florida Statutes, and Chapter 64J-1, Florida Administrative Code, any amendments thereto, and any rules promulgated thereunder. (c) The financial ability of the applicant to maintain safe, continuous, and uninterrupted services, maintain or replace equipment and maintain required liability and malpractice insurance. (d) The adequacy of the applicant's standard operating procedures. (e) The recommendation of the Public Safety Director or designee, any written protests from other certificate holders, and any recommendations received from municipalities, the Fire District, hospitals, and/or other healthcare facilities within the County service area. (1} The past performance and service record of the applicant. ( The number of current certificate holders within the County service area. (h) The response time reports of the current certificate holders on file with the County. 0 The number and nature of complaints on file with the County. U) The frequency with which the Fire District has been called upon to respond to non -emergency ambulance transport because of unavailability of current certificate holders. (k) The effect of the proposed service on existing services with respect to quality of service and cost of service. (I) The effect of the proposed service on the overall cost of emergency and/or non -emergency ambulance transportation services in the County. (m) The effect of the proposed service on existing hospitals and other healthcare facilities. (n) The effect of the proposed service on personnel of existing services and the availability of sufficiently qualified personnel in the local area to adequately staff all existing services. (o) Such other information as may be relevant to its determination. Sec. 18-57. Expiration and Renewal of Certificate. (a) Each certificate must be renewed every four years, as provided herein. The certificate term shall run from January 1 st through December 31 st of the fourth year following renewal, subject to suspension, alteration, or revocation as provided in section 18-66. (b) Existing certificate holders as of the date of adoption this ordinance shall submit a renewal application to the public safety department during the first application period following adoption of this ordinance and every subsequent application period thereafter. 15 (c) Each renewal application shall be accompanied by a non-refundable filing fee to be approved by resolution of the Board. Each renewal application shall contain the same information required for an initial application, updated as appropriate. (d) Within thirty (30) days of receipt of the renewal application, the Public Safety Director or designee shall notify the certificate holder of any deficiencies in the application. The renewal applicant shall have seven (7) days to submit a revised or corrected renewal application. Any renewal application that is not resubmitted to the Public Safety Director or designee within this period shall be considered withdrawn and the filing fee forfeited, unless good cause is shown for the late resubmittal as determined in the sole discretion of the Public Safety Director or designee. If following the seven (7) day resubmittal period, the renewal application is missing information or the applicant failed to include all required supporting documentation, or the information or supporting documentation is untrue or falsified, or the required fees have not been paid, the Public Safety Director or designee may reject the application. (e) The complete application for renewal shall be reviewed by the council for compliance with the terms of the certificate and the requirements of this article. Following its review, the council shall forward a recommendation on the renewal application to the Board. The Board shall renew a certificate upon a determination that the certificate holder remains in compliance with the terms of its certificate and this article. (fj If the Board determines not to renew a certificate, the certificate holder shall be notified in writing of the intended action and the reasons for that action. Sec. 18-58. Amendments to Certificate. (a) Following a minimum of six (6) months in operation, a certificate holder may submit a request for increase in number of ambulances allowed under its certificate on the County's ambulances addition form and a letter to the Public Safety Director or designee stating the need and reason for the proposed increase in active ambulances based upon its monthly service reports and such other factors as the certificate holder may deem relevant as well as the type of additional vehicles proposed. (b) Upon receipt of the addition form, the Public Safety Director or designee shall forward the application to the council for review and recommendation to the Board. The council shall review the request in accordance with the standards of review of section 18-56 and forward a recommendation to the Board. (c) The Board shall consider the application in accordance with the procedures and standards of review as set forth in sections 18-55 and 18-56. Sec. 18-59. Transfer and Assignment of Certificate. 16 (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. (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 shall be deemed a transfer or assignment as contemplated herein and considered sufficient to require 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. The 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. 1. 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 2. 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 3. If the assignor/transferor is a corporation, an appropriate corporate resolution authorizing the assignment or transfer. 4. 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 County public safety department; 17 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 (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. Sec. 18-60. Certificate Holder Responsibilities. Each certificate holder, and its employees, agents, and volunteers, including paramedics and emergency medical technicians, shall comply with the following: (a) The Fire District shall be the only Class A Certificate holder in the County and shall be responsible for providing emergency and non -emergency prehospital ALS and BLS services within the County. (b) Holders of Class B certificates shall be capable of emergency response/service upon request of the Public Safety Director or designee in case of disaster or other events beyond the normal capability of the Fire District. Nothing contained herein shall be interpreted to limit the ability of a private ambulance company holding the proper certificate of public convenience and necessity issued by the Board from providing stand -by -services and transport from a scheduled event. (c) Provide continuous and uninterrupted service within the County. (d) Begin providing transportation services in the County within six (6) months of the certificate becoming effective and provide the public safety department with documentation of such. Failure to do so shall result in an automatic revocation of the certificate. IN (e) Keep posted at the place of business a copy of the certificate as well as a copy of the approved rate schedule. (1} The certificate holder may adjust the rate schedule without Board approval; however, the certificate holder shall maintain the adjusted rate for one year and shall notify the Public Safety Director or designee in writing of a rate change at least 30 days prior to the effective date of the rate change. Such rates shall be filed as a part of each new or renewal application. (g) Maintain at each place of business a copy of its EMS standard operating procedures which it will use to give specific instructions to its personnel concerning the nature of their duties and responsibilities. (h) Adopt, maintain, and abide by certain customer service policies and procedures for receiving, responding to, and resolving complaints. All customer complaints must be investigated and resolved in a timely manner, and reports regarding customer complaints must be provided to the County upon the County's request and automatically on an annual basis. At a minimum, each certificate holder shall provide a high level of customer service that includes: (1) Access to customer service representatives by email and phone during normal business hours. (2) A transparent customer feedback and complaint process with quick response and resolution by the certificate holder. (3) A system to log all complaints and resolutions. 0 Comply with all lawful directives of the Public Safety Director or designee and/or the Fire District Chief. (�) Maintain the minimum number of vehicles determined by the Board and the certificate holder's medical director to be appropriate considering the population and geographical distance of the service area, but in any event is not less than one (1) fully staffed operating vehicle. (k) Comply with the lights and siren section set forth in section 18-63. (1) Provide reports as required in section 18-61. (m) Not advertise by any means the ability to provide services not authorized by the County. (n) Each ambulance that is used for ALS service shall be staffed with a minimum of one (1) Florida certified EMT and one (1) Florida certified paramedic for ALS service. (o) Each ambulance that is used for BLS service shall be staffed with aminimum of one (1) Florida certified EMT or paramedic and a driver. The driver must meet all of the requirements as outlined in 64-J, Florida Administrative Code 19 and Chapter 401, Florida Statutes. (p) Designated staff on board each ambulance shall be readily identified as to the level of certification, either emergency medical technician, paramedic, or other certification level as recognized by the Florida Department of Health. (q) Each ambulance shall be suitable for the transportation of patients from the standpoint of health, sanitation, and safety and shall be maintained in suitable condition. Each ambulance shall conform in all aspects to the most recent design and equipment criteria as established by the U.S. Department of Transportation and the Florida Administrative Code. An annual list of all vehicles, drivers and crews and their certificate levels must be provided on or before October 1 of each year. (r) Maintain and annually provide proof of insurance in such amounts and types of coverage as specified in Section 18-62. (s) Not require specific types of payment to provide transport services to medically needy patients and shall not refuse transport services to a patient because the patient does not have insurance or other types of medical coverage. (t) Operate in conformance with all federal, state, or local laws or ordinances, and all rules and regulations, resolutions, or policies hereunder and any conditions or limitations imposed by the Board upon issuance of the certificate. (u) Provide the Public Safety Director or designee with a current list of telephone numbers and addresses of responsible management personnel to be contacted in the event of emergencies. (v) Comply with the directives of deficiency correction notices issued by the Public Safety Director or designee or Fire District Chief. (w) Display a current vehicle operating permit issued by the County on each vehicle listed under the certificate in the location designated by the County. See. 18-61. Reporting requirements (a) Each certificate holder shall file a quarterly report with the County public safety department on a form approved and provided by the County. The form shall require each certificate holder to document the following: (1) Number of requested BLS and ALS transports, both scheduled and unscheduled. (2) Number of actual BLS and ALS transports, both scheduled and unscheduled. (3) Each call in which lights and siren were used, with a description of the circumstances warranting such use. 20 (4) Response times for unscheduled, scheduled, and prearranged transports performed during the quarter. (b) For purposes of this section, a "quarter" shall mean the three-month period ending on March 31, June 30, September 30 and December 31 of each year. Reports shall be due to the County within ten days following the end of each quarter and are delinquent on the fifteenth day of the month following the end of each quarter. For new certificate holders, the first report shall be due ten days after the first full quarter following the issuance of a certificate. (c) Each certificate holder shall notify the County within 24 hours if the certificate holder fails an inspection, is issued a corrective action or if the certificate holder's license issued by the Department of Health pursuant to Chapter 401, Florida Statutes, is suspended or revoked. Sec. 18-62. Insurance Requirements. (a) A certificate holder shall carry insurance as set forth in this section 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 certificate holder's ambulances. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the certificate holder or any person operating an ambulance, air ambulance or vehicle on behalf of the certificate holder. (b) Prior to commencing operations within the County and upon renewal, the certificate holder shall furnish to the County certificate(s) of insurance, or at the request of the Public Safety Director or designee, full certified copies of required insurance policies, which shall indicate that insurance coverage has been obtained which meets the requirements set forth in this section. (1) Class A: The Fire District, as the sole Class A certificate holder must either furnish evidence of bodily injury, property damage, and malpractice insurance in an amount equal to that for which it would be liable pursuant to the provisions of Section 768.28, Florida Statutes, as amended from time to time, or such governmental provider may furnish a certificate of self-insurance evidencing that it has established an adequate self-insurance plan to cover such risks and that the Florida Department of Insurance has approved the plan. A certificate of self-insurance issued by the Florida Department of Highway Safety and Motor Vehicles is not acceptable evidence of insurance. (2) Class B: Every Class B certificate holder must carry bodily injury and property damage insurance with an insurance carrier or company qualified as an insurance company authorized to transact insurance in the State of Florida 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 certificate holder's transport vehicles. Each certificate holder's transport vehicle, including owned, hired, and non -owned vehicles, must be insured for a minimum of one million dollars ($1,000,000) for each occurrence, combined single limit bodily injury, death, or property damage liability. Each certificate holder that employs medical personnel must maintain malpractice insurance in an amount not less than one million dollars ($1,000,000) for each occurrence. 21 (3) Every insurance policy or contract for insurance must provide for the payment and satisfaction of any financial judgment entered against the provider or against any person driving a vehicle of the service. Such insurance must be obtained, and certificates of insurance or certified copies of such policies must be filed with the Public Safety Director or designee. All such insurance policies, certificates of insurance, and certified copies of such insurance policies must provide for a thirty (30) day notice of cancellation to the County. (3) Thirty (30) days prior to the policy's expiration date, all certificate holders must provide the County with a renewal certificate of insurance. (5) No certificate of public convenience and necessity shall be issued prior to the effective date of coverage. The certificate holder shall maintain such insurance in full force and effect at all times during the term of the certificate. Failure to maintain the insurance coverage in full force and effect shall immediately and automatically suspend any certificate issued hereunder until proof of compliance with this section has been filled in the proper form and amounts as herein provided. Sec. 18-63. Use of Lights and Sirens During Operations. (a) The purpose of this section is to reduce the risk of accident or injury which occurs when Class B certificate holders respond with speed using lights and sirens (a code 3 response) when the nature of the medical or trauma call does not warrant such response for patient safety and care. (1) This section is not intended to delay care or other services in the event of true emergencies. For the majority of responses, there is little difference in total response time betweencode 1 (normal driving, no lights/sirens) and code 3 (speed, lights/sirens). (2) For non -emergency requests for assistance, the hazard to the public and certificate holder personnel created by a code 3 response, considering the non -emergency nature of the medical or trauma call, does not justify the use of the code 3 response. (3) This section does not apply to the Fire District. (b) The Fire District, as the Class A Certificate holder in the County, responds to all emergency medical calls generated in the County. At times, however, the Fire District may need to request the assistance of other certificate holders in emergency situations. In order to reduce the risk of accident or injury in the County stemming from a response, the Fire District Communications (911) shall direct the response code and if necessary, the need to stage. (c) The situation may arise where a patient's status requires a change to a code 3 response by a Class B certificate holder. In this circumstance, the ambulance shall so respond but must notify Fire District Communications (911) of the ambulance designation, patient's status, whether additional assistance is needed and its location, route, and destination. 22 (d) Code 1 must be utilized on all patient transports unless a delayed transport will bedetrimental to the patient's condition. In these cases, the notification process in paragraph (c) above must be followed. (e) Not all types of incidents or specifics can be detailed in this section. When the situation is outside the above guidelines personnel must use their discretion by comparing the risk of injury to the public, property, and personnel versus the gain of speed with a code 3 response. Sec. 18-64. Vehicle Operating Permits. (a) Before any non -emergency ALS or BLS ambulance is operated under the authority of the certificate, the certificate holder shall make a separate application to the Public Safety Director or designee for a vehicle operating permit for each ambulance or vehicle to be operated pursuant to said certificate. (b) Upon payment of the annual permit fee to be set resolution of the Board and payable to the County at the time the application is submitted and compliance with this article, the Public Safety Director or designee shall issue the applicant an annual ambulance operating permit. (c) Before December 31st of each year, each certificate holder shall attest to the number of ambulances or vehicles in operation on a form provided by the County. (d) A vehicle operating permit shall expire December 31 st of each year and may be renewed upon payment of the fee. (e) It shall be unlawful to operate any ambulances or vehicles required to have a vehicle operating permit without a current, valid vehicle operating permit displayed within the vehicle in a location designated by the County. Such permit shall be available for inspection by the County. ( Permits issued hereunder shall not be transferable or assignable. (g� Class A certificate holders are exempt from this requirement. Sec. 18-65. Inspections. (a) The Public Safety Director or designee may perform an inspection of each applicant prior to issuance of a certificate and thereafter as continuing part of the certificate process to determine continuing compliance with this chapter, Chapter 401, Florida Statutes, and Chapter 64J-I, Florida Administrative Code. (b) Inspections may be conducted periodically and may be conducted with or without prior notice to the certificate holder at reasonable times and whenever such inspection is deemed necessary by the Public Safety Director or designee. Inspections shall be conducted without impeding patient care. (c) If during the course of an inspection it is found that an ambulance is unsafe or fails in use to conform to the requirements of this chapter, Chapter 401, Florida Statutes, or Chapter 64J-1, 23 Florida Administrative Code, the Public Safety Director or designee may order that the ambulance immediately be taken out of service and that a deficiency correction notice be issued to the certificate holder. The deficiency correction notice shall state the nature of the deficiency and specify a time for correction of the deficiency. Failure to correct the deficiency in the time specified in the deficiency correction notice may result in action pursuant to section 18-66. (d) Class A certificate holders are exempt from this requirement. (e) The Board shall establish by resolution a fee schedule for inspections pursuant to this article. Sec. 18-66. Revocation, Alteration, or Suspension of Certificate. (a) Every certificate issued under this article shall be subject to revocation, alteration, or suspension by the Board where it shall appear that the certificate holder has not complied with the requirements of the certificate and the public interest so requires. It shall be a violation of this article as well as cause for revocation, modification, or suspension of a certificate, if it is found that the certificate holder, or any officer, principal, owner, or employee thereof- (1) Intentionally obstructs, bars, or otherwise interferes with an inspection conducted under the purview of this article; (2) Knowingly, by telephone or otherwise, causes to be placed or places a false emergency or non -emergency transport medical call; (3) Represents herself, himself, or itself as holding a certification designation which the certificate holder does not hold; (4) Operates an ambulance or vehicle that does not meet the requirements of Chapter 401, Florida Statutes, Chapter 64J-1, Florida Administrative Code, or this article; (5) Has failed or neglected to render services in compliance with the certificate, this chapter, Chapter 401, Florida Statutes, or Chapter 64J- I Florida Administrative Code; (6) Knowingly makes an omission of a material fact or a false statement in any application, renewal application or other document filed with the Public Safety Director ordesignee; (7) Has been convicted of a felony; provided, that in determining whether to revoke, suspend or modify a certificate holder's certificate hereunder, the Board shall consider both the nature and seriousness of the offense and the circumstances under which the felony occurred; (8) Has failed or neglected for a period of thirty (30) consecutive days during any calendar year to provide all services authorized by its certificate; 24 (9) Has permitted any ambulance to be operated in violation of law; (10) Takes any action or inaction resulting in a determination that the public interest will best be served by revocation, alteration, or suspension of any certificate upon good cause shown; (11) Has without sufficient justification failed or refused to furnish emergency care and/or transportation promptly for a sick or injured person; (12) Has been adjudicated guilty of malpractice or negligence by a court of competent jurisdiction in the operation of the certificate holder's services; (13) Uses lights and sirens to respond to a medical call in violation of the law; (14) Falsifies the nature of the medical call to justify the use of an emergency response involving lights and sirens; (15) Has failed to comply with a deficiency correction notice issued by the Public Safety Director or designee; (16) Has been found by a court of competent jurisdiction guilty of any criminal offense involving moral turpitude; provided, that in determining whether to revoke, suspend or modify a certificate holder's certificate hereunder, the Board shall consider both the nature and seriousness of the offense and the circumstances under which the criminal occurred; (17) Has had its state license revoked or suspended; or (18) Has received its fourth deficiency correction notice; or (19) Has failed to comply with the reporting requirements set forth in Section 18-61 forthree (3) consecutive quarters; or (20) Fails to follow a lawful order of the Public Safety Director or designee or his designee. (b) A separate and distinct offense shall be deemed to occur per prohibited act, per day, for as long as the offense is not corrected. (c) Complaints about the services of a certificate holder must be in writing and shall be directed to and received by the Public Safety Director or designee or may be generated in-house by the County public safety department. The Public Safety Director or designee shall record the receipt of the complaint and shall then direct County public safety department staff to investigate the same and make a recommendation as to what action, if any, should be taken within sixty (60) days thereof. Copies of the complaint shall be sent to the certificate holder. The County public safety department staff shall be provided access to the certificate holder's business, personnel, and documents to assist in an investigation. The Public Safety Director or 25 designee shall forward a copy of the complaint and investigation to the Emergency Medical Services Advisory Council for consideration. (d) The Emergency Medical Services Advisory Council shall consider the complaint at its next regularly scheduled meeting following the completion of the Public Safety Director or designee's investigation. The council shall review the complaint, the Public Safety Directoror designee's investigation report and relevant testimony or evidence from the certificate holder and any other parties the council deems necessary. If the council determines that a violation has occurred, the council shall forward the complaint to the Board for consideration. (e) The Board shall consider the complaint at a public hearing following publication of notice not less than ten (10) days prior to the public hearing. If the Board determines that the certificate holder is in violation of one or more provisions of this article, the Board shall make findings regarding whether the certificate holder's certificate should be revoked, suspended, or modified. (fj A certificate holder whose certificate of public convenience and necessity has been revoked or suspended pursuant to this section may not submit an application for a new certificate for a period of one year following the effective date of the revocation or until the next application period, whichever is longer. Sec. 18-67. Appeals. (a) An applicant or certificate holder may appeal any decision made by the Public Safety Director or designee to the Board by filing a petition of appeal with the County administrator within thirty (30) calendar days of the date of rendition of the decision. The Board shall review the petition at a public meeting within thirty (30) calendar days from the date of filing of the appeal. The petitioner shall be provided with notice of the time, date, and place of the public meeting by certified mail, return receipt requested. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the Board. The Board's decision shall be final for the purpose of administrative appeals. The Board's review of the petition shall be limited to the record and the facts which were available to the Public Safety Director or designee at the time of rendition of the decision appealed. The Board shall reverse the decision of the Public Safety Director or designee if there is competent substantial evidence in the record which indicates the decision fails to comply with the article. (b) Any person aggrieved by a decision of the Board pursuant to this article may, within 30 days after rendition of the decision, petition for certiorari review to the circuit court in the Nineteenth Judicial Circuit in and for the County. Sec. 18-68. Emergency Powers. If a situation exists which poses a serious or imminent threat to the public's health, safety, and/or welfare, or if needed based on exigent circumstances creating an urgent public need warranting intervention and action, the Public Safety Director or designee and/or the Fire District 26 Chief shall have such temporary emergency powers as are necessary to remedy the situation. All such action shall be reported immediately to the Board. 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 filingwith the Department of State. SECTION 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code, 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. SECTION S. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Jamie Fowler NAY Vice Chair Larry Leet AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PASSED AND DULYADOPTED this 2ND day of December, 2025. ATTEST DEPUTY CLERK /r GOMl4/j,�s�0 V� ce r .�Gc /1*c0UNj%Fv BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 27 APPROVED AS TO FORM AND CORRECTNESS: ,COU TTORNEY PW RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 December 9, 2025 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2025-026, which was filed in this office on December 9, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp