§ 3½-7. Certificates for BLS services.

(a)

All ground EMS providers desiring to provide BLS ground rescue and/or transport services (hereinafter referred to within this section as "BLS") in Broward County shall obtain a certificate of public convenience and necessity from the Board of County Commissioners pursuant to the provisions herein and subject to such rules and regulations as may be promulgated by the Board pursuant to this chapter.

(b)

EMS providers desiring to obtain a BLS 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 of BLS 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 BLS ground service:

(1)

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

(2)

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

(3)

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

(4)

The response times of existing EMS providers 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 capability;

(6)

The past performance and service record of the applicant obtained from sources such as hospitals, local public safety agencies, and the office of EMS, if applicable;

(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, or 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 type of each vehicle to be used by the applicant;

(11)

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

(12)

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

(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 recommendations 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 BLS 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 3½-7(d), the following:

(1)

The recommendations of the administrator;

(2)

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. 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 the certificate by the administrator, the EMS provider shall pay to the county a certificate fee which shall be established by resolution of the board. Said 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. The county, in its sole discretion, may elect to extend the certificate for additional five (5) year terms upon a finding that the provider has substantially complied with the requirements of this chapter, all applicable rules and regulations, and any contract which the county enters into with the provider. The county shall furnish the provider with written notice, at least ninety (90) days prior to the end of the applicable extension period, of the county's intent to extend the certificate for an additional five (5) year term. The certificate shall obligate the applicant to:

(1)

Service the zone(s) or area(s) granted to the applicant;

(2)

Provide coverage to adjoining zones or areas for emergency calls when requested by the office of EMS, the communication center, or other public safety agency;

(3)

Keep posted at its place of business, if applicable, a copy of the emergency and nonemergency fee schedule approved by the board; and

(4)

Operate in accordance with the rules and regulations adopted pursuant to this chapter.

(k)

Certificates for BLS ground transport service shall authorize the EMS provider to respond to emergency, interfacility, and routine calls.

(Ord. No. 76-32, § 7, 7-20-76; Ord. No. 77-30, § 2, 6-10-77; Ord. No. 82-10, § 2, 2-18-82; Ord. No. 82-69, § 1, 12-16-82; Ord. No. 84-10, § 7, 2-16-84; Ord. No. 88-15, § 1, 4-12-88; Ord. No. 91-28, § 1, 8-13-91; Ord. No. 93-12, § 3, 6-8-93; Ord. No. 2002-24, § 1, 6-11-02; Ord. No. 2008-37, § 1, 9-9-08; Ord. No. 2016-34 , § 3, 11-29-16)