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HomeMy WebLinkAbout1987-6611/24/87(s4)LEGAL(SPBnm) ORDINANCE NO. 87- 66 AN ORDINANCE OF INDIAN RIVER COUNTY ADOPTING REQUIREMENTS FOR CERTIFICATES OF PUBLIC CONVENIENCE. AND NECESSITY FOR BASIC AND ADVANCED LIFE SUPPORT GROUND SERVICE APPLICANTS PURSUANT TO SECTION 401.25(2)(d), FLORIDA STATUTES; AND PROVIDING FOR INCORPORATION IN CODE, APPLICABILITY, REPEAL OF LAWS IN CONFLICT, SEVERABILITY, AND EFFECTIVE DATE, WHEREAS, Chapter, 401, Florida Statutes requires that applicants,for a state license to operate a basic life support system ^or advanced life support system first obtain a certificate of public convenience and necessity from the county in which they intend to operate, and WHEREAS, pursuant to Section 401 025 Florida Statutes, the, county is authorized to adopt standards for granting certificates of public convenience and necessity; NOW, THEREFORE, be it ordained by the Board of County Commissioners of Indian River County that: Section 1: Title, This ordinance may be known as the Certificate of Public Convenience and Necessity Standards Ordinance. Section 2: Definitions, The following words shall have the definitions as foi`lows: Board - shall mean Board of County Commissioners of Indian River County, Florida. Certified District - the geographical area listed on a service provider's Certificate of Public Convenience and Necessity. EMS Director - shall mean the Director of Emergency Management Services of. Indian River County, Florida, ORDINANCE NO. 87- Medical-- Director - the licensed physician contracted pursuant to Section 401.265 to give medical direction to and establish medical protocols for Emergency Medical Services Personnel including paramedics and Emergency Medical Technicians, Emergency Service Providers - Basic and Advanced --------------------------- Life Support Services operators holding a valid Certificate of Public Convenience and Necessity issued by Indian River County, Florida. Section 3: Application for Certificate of Public ------------------------------------- Convenience and Necessity. ------------------------- Any applicant for a Certificate of Public Convenience and Necessity from the County shall apply to the Board in writing on a form provided by the Board containing the following information. a. The name and address of the applicant, the business name of the partnership'and the name and address of each partner; the names and residences of all officers, directors, and stockholders if the applicant is a corporation; serve, c. The location and description of the place or places from which the applicant will operate; d. The source of ,funds which will enable the applicant to commence operation, and a schedule of any rates which the applicant intends to charge; e. The names and addresses of at least three local references; f. Such other reasonable information as may be required by the EMS Director, Section 4: Staff Recommendation. After an application has been received by the county, the EMS Director shall cause an investigation to be b. The district which the applicant desires to serve, c. The location and description of the place or places from which the applicant will operate; d. The source of ,funds which will enable the applicant to commence operation, and a schedule of any rates which the applicant intends to charge; e. The names and addresses of at least three local references; f. Such other reasonable information as may be required by the EMS Director, Section 4: Staff Recommendation. After an application has been received by the county, the EMS Director shall cause an investigation to be ORDINANCE NO. 87- made into the application, including a determination of the public need for the proposed service in the geographical area requested. The EMS Director shall contact the Medical Director, all other service providers in the county, and any municipality in which the applicant desires to provide service. Within sixty days from receipt of the completed application, the EMS Director shall schedule a public hearing before the Board of County Commissioners with notice to all other service providers in the requested service district, any municipality in the requested service district and to the general public by publication in the Local newspaper with at least one week's notice. At the public hearing the Board of County Commissioners shall consider the EMS Director's recommendation and any input from other service providers, municipalities, or interested groups or citizens and may grant or deny the requested Certificate of Public Convenience and Necessity. Any certificate issued under this section shall require the service provider and all employees, including paramedics and Emergency Medical Technicians, to comply with the following. a. Agree to respond only to emergency pre -hospital calls in the certified district and when units are available, to provide response to other districts in the county when requested to do so by the other providers or by the EMS Director. by the Post prior to the Section 5: Contents personnel Certificate. the nature a copy of standard operating procedures of the service Any certificate issued under this section shall require the service provider and all employees, including paramedics and Emergency Medical Technicians, to comply with the following. a. Agree to respond only to emergency pre -hospital calls in the certified district and when units are available, to provide response to other districts in the county when requested to do so by the other providers or by the EMS Director. specific by the Post prior to the to its personnel Do the nature a copy of standard operating procedures which the service provider. will use to give general and specific by the instructions prior to the to its personnel concerning the nature of the certificate. These of their duties and responsibilities. procedures must be reviewed by the EMS Director prior to the effective date of the certificate. ORDINANCE NO. 87- c. Comply with all lawful directives of the EMS Director and Medical Director, including anymedical protocols and training directives not pre-empted by the state. d. Provide continuous and uninterrupted service within the certified district, be in service and en route with. appropriate -staff, and provide average response time to the emergency scene as follows: Sebastian: Ten minutes Indian River Shores: Ten minutes Indian River County Volunteer Ambulance Squad. Ten minutes, except for extreme west county runs, twenty minutes Fellsmere. Ten minutes, except Yeehaw Junction and the turnpike area, fifty minutes. e. Maintain the number of vehicles noted on the certificate which shall be a number derived by the EMS Director and the Medical Director considering the population and geographical distance of the certified district, but in any event shall not be less than one fully staffed operating vehicle per station. f. Ensure that its vehicles are driven in a safe and Lawful manner at all times. g. Use its lights and sirens only for properly authorized emergency events and in compliance with state law and local law enforcement policy. h. Keep posted at all business locations a copy of the certificate including the approved rate schedule, which shall not be exceeded without Board approval. i. Operate in compliance with all federal, state and local laws, rules, and regulations. J. Provide copies of vehicle run sheets and radio logs to the EMS Director upon request, to the extent permitted by the public records law. 4 ORDINANCE N0, 87 - Section 7: Renewal. The certificates may be renewed routinely by the Board on application by the certificate holder. However if the Board has reason to believe that the public health, safety, and welfare require it, a public hearing may be ordered by the Board to consider not renewing any certificate. Before any such action can occur, the Board must first comply with the notice and hearing provisions of Section 8 of this ordinance. Section 8: Revocation, Alteration or Suspension. ------------------------------------ Every certificate issued under this ordinance 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. Proceedings for revocation, alteration, or suspension of a certificate shall be undertaken by the Board at a public hearing with notice to all certificate holders and after publication of notice not less than one week before the hearing date. Section 9. Incorporation in Code. --------------------- This Ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River 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 purposes. Section 6: Certificate Expiration and -------------------------------- Non_Transferability. A certificate shall be valid for a period not to exceed two years and shall not be transferable without the prior written consent of the county. The certificate holder shall immediately notify the county of any change of ownership or control. Section 7: Renewal. The certificates may be renewed routinely by the Board on application by the certificate holder. However if the Board has reason to believe that the public health, safety, and welfare require it, a public hearing may be ordered by the Board to consider not renewing any certificate. Before any such action can occur, the Board must first comply with the notice and hearing provisions of Section 8 of this ordinance. Section 8: Revocation, Alteration or Suspension. ------------------------------------ Every certificate issued under this ordinance 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. Proceedings for revocation, alteration, or suspension of a certificate shall be undertaken by the Board at a public hearing with notice to all certificate holders and after publication of notice not less than one week before the hearing date. Section 9. Incorporation in Code. --------------------- This Ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River 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 purposes. z - , W►., ORDINANCE NO. 87- 66 Section 10: Applicability. It is hereby provided that this Ordinance shall constitute a uniform law applicable in all the unincorporated and incorporated areas of Indian River County, Florida, as authorized by Chapter 401, Florida Statutes. Section 12: Severability. If any section, or if any sentence, paragraph, phrase, or word of this Ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. Section 13: Effective Date. This Ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 22nd day of December 19879 This Ordinance was advertised in the Vero Beach Press -Journal on the 3rd day of December 1987, for a ----------------- public hearing to be held on the 22ndday of December , ----------------- 19871 at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner -------------- Bird and adopted by the following vote. _____ Section 11: Repeal Laws in Conflict. of -------------------------- Any laws or ordinances in conflict with this Ordinance which Indian River County is authorized to repeal are hereby repealed. Section 12: Severability. If any section, or if any sentence, paragraph, phrase, or word of this Ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. Section 13: Effective Date. This Ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 22nd day of December 19879 This Ordinance was advertised in the Vero Beach Press -Journal on the 3rd day of December 1987, for a ----------------- public hearing to be held on the 22ndday of December , ----------------- 19871 at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner -------------- Bird and adopted by the following vote. _____ ORDINANCE NO. 87- 66 Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye CommissionerRichard N. Bird Aye Commissioner Carolyn K. Eggert Aye_-- Commissioner Gary C. Wheeler Aye --- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Don C. Scur ock, Jr. Chairman ATTEST: By : — Freda Wr i.gtit C•I.erk o.f Cu cui C urt Acknowledgment by the Department of State of the State of Florida, this 31st day of December 1987. Acknowledgment from the Department of state received on this 6th day of January _ 1988, at 10:00 a.m./p.m, and TTled in the Otice of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Qr es P. Vitunac County Attorney APPROVED AS TO BUDGET MATTERS: ri. Jeph Baird 01 Director APPROVED FOR ADMINISTRATIVE MATTERS: Ch -a -r s P. B un County Administrator APPROVED AS TO EMERGENCY MANAGEMENT MATTERS: L.�� _ Doug WrTgh Director