§ 3½-6. Certificates for ALS service.

(a)

All EMS providers desiring to provide ALS first responder, ground rescue and/or transfer services (hereinafter referred to within this section as "ALS") in Broward County and all air EMS providers based in Broward County desiring to provide ALS air services shall obtain a certificate of public convenience and necessity from the board pursuant to the provisions herein (except for governmental entities holding a Class 1—ALS rescue certificate) are subject to such rules and regulations as may be promulgated by the county administrator pursuant to this chapter. Governmental entities shall be subject to and shall comply with the standards for ALS services set forth by the state of Florida.

(b)

EMS providers desiring to obtain an ALS certificate in Broward County shall make application to the county administrator on such forms as shall be provided by the administrator.

(c)

All applications for certificates of public convenience and necessity for ALS services shall be submitted with an application processing fee which shall be established by resolution of the board. Unless waived by the county, no application shall be processed prior to the receipt of such fee.

(d)

Subsequent to receiving the application and processing fee, the county administrator shall cause an investigation to be made of the applicant. The investigation shall include, but not be limited to, the following for a certificate for ALS service:

(1)

The approximate population and specific area that the applicant desires to serve;

(2)

The names of the EMS and governmental entities currently providing emergency services to the area and the number of ambulances, EMS transport, or ALS rescue vehicles presently responding to emergency calls within the particular area;

(3)

The approximate number of monthly emergency calls within the area applied for;

(4)

The response times of existing EMS providers, excluding Class 1-ALS rescue and Class 4-ALS air rescue, as compared with the benchmark response times as stated in each EMS provider's most recent application;

(5)

The type of applicant's telephone and radio communications system, including its assigned frequency, call numbers, and hospital communications capabilities;

(6)

The past performance and service record of the applicant obtained from sources such as hospitals, local public safety agencies, and the State of Florida, Bureau of Emergency Services;

(7)

The financial ability of the applicant to render safe, comfortable services and to maintain or replace the equipment required by the state of Florida, the county, and the municipalities it services;

(8)

The financial responsibility of the applicant to maintain insurance for the payment of personal injury, death, and property damage claims;

(9)

The names and certification numbers of all EMTs and paramedics employed by the applicant;

(10)

The current or proposed locations of the applicant's base and substations;

(11)

The maximum number of units which the applicant stated in its application would be placed in the area requested to respond to emergency and/or routine and interfacility calls;

(12)

The type of vehicles to be used by the applicant;

(13)

For new applications and renewals filed after January 1, 2017, a survey of the community's needs, conducted by the County, for Class 2—ALS transfer and Class 3—BLS transport classifications; and

(14)

Such other information as the county administrator or designee may deem necessary.

(e)

The EMS Review Committee shall review all new applications for certificates, and renewal applications for certificates as provided for in Section 3½-15, and shall make recommendations for approval or denial to the board through the administrator. Based upon the information received in the applications and after completion of the investigation, the administrator shall recommend to the board the granting or denial of certificates of public convenience and necessity reviewed by the EMS Review Committee.

(f)

Subsequent to receiving the recommendation of the administrator, the board shall hold a public hearing for the purpose of considering all pending applications for certificates of public convenience and necessity. The administrator shall provide thirty (30) days' written notice by U.S. mail, or email, or facsimile when authorized, to all applicants, present ALS certificate holders, and the mayors and city managers of each municipality in Broward County, of the date, time, and place of the public hearing.

(g)

At such hearing, the board shall consider all pending applications for certificates of public convenience and necessity, make its findings as to each applicant, and determine whether the public convenience and necessity of the residents of Broward County would be best served by granting or by denying such applications. In making its findings and determinations, the board shall consider those specifications established by its adopted rules and regulations and shall consider, in addition to those items set out in Section 3½-6(d), the following:

(1)

The recommendations of the administrator;

(2)

With the exception of Class 1—ALS rescue and Class 4—ALS air rescue classifications, the adequacy of the management plan of each applicant;

(3)

The benefits that will accrue to the public interest from the proposed service, including, but not limited to, the community's need for additional service. With the exception of Class 1—ALS rescue and Class 4—ALS air rescue classifications, the applicant has the burden of proving that there is such a need by providing verifiable documents and other evidence;

(4)

The results of a survey of the community's needs conducted by the County;

(5)

Any recommendations received from the municipalities within Broward County;

(6)

All relevant matters presented at the public hearing; and

(7)

Such other matters deemed to be in the best interests of the public health, safety, welfare, convenience, and necessity of the residents of Broward County.

(h)

Upon making such findings and determinations, the board shall grant or deny the certificate.

(i)

Subsequent to the board's approval of, but prior to the issuance of, a certificate of convenience and necessity by the administrator, the EMS provider shall pay to the county a certificate fee which shall be established by resolution of the board. Such fee shall be used to defray the cost of monitoring compliance to the rules and regulations promulgated by the administrator.

(j)

The certificate granted by the board shall be valid for a definite period of time established by the board not to exceed five (5) years unless otherwise revoked, suspended, or modified.

(Ord. No. 76-32, § 6, 7-20-76; Ord. No. 77-30, § 1, 6-10-77; Ord. No. 82-69, § 1, 12-16-82; Ord. No. 84-10, § 6, 2-16-84; Ord. No. 93-12, § 2, 6-8-93; Ord. No. 95-21, § 3, 5-9-95; Ord. No. 2002-24, § 1, 6-11-02; Ord. No. 2008-37, § 1, 9-9-08; Ord. No. 2016-34 , § 2, 11-29-16)