Bill Text: FL S0742 | 2016 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Certificates of Public Convenience and Necessity for Life Support or Air Ambulance Services

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Failed) 2016-03-11 - Died in Rules [S0742 Detail]

Download: Florida-2016-S0742-Comm_Sub.html

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       Florida Senate - 2016                              CS for SB 742
       
       
        
       By the Committee on Community Affairs; and Senator Hutson
       
       578-02029-16                                           2016742c1
    1                        A bill to be entitled                      
    2         An act relating to certificates of public convenience
    3         and necessity for life support or air ambulance
    4         services; amending s. 401.25, F.S.; requiring, rather
    5         than authorizing, county governing boards to adopt
    6         ordinances or amend existing ordinances that provide
    7         standards for the issuance of certificates of public
    8         convenience and necessity for basic or advanced life
    9         support services; including the recommendations of
   10         specified districts in the development of such
   11         standards; requiring counties to adopt a process for
   12         review of applications; providing an appeal process;
   13         authorizing county governing boards to adopt
   14         ordinances that provide standards for the issuance of
   15         certificates of public convenience and necessity for
   16         air ambulance services; specifying considerations for
   17         such standards; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 401.25, Florida Statutes, is amended to
   22  read:
   23         401.25 Licensure as a basic life support or an advanced
   24  life support service; air ambulance services.—
   25         (1) Every person, firm, corporation, association, or
   26  governmental entity owning or acting as agent for the owner of
   27  any business or service which furnishes, operates, conducts,
   28  maintains, advertises, engages in, proposes to engage in, or
   29  professes to engage in the business or service of providing
   30  prehospital or interfacility advanced life support services or
   31  basic life support transportation services must be licensed as a
   32  basic life support service or an advanced life support service,
   33  whichever is applicable, before offering such service to the
   34  public. The application for such license must be submitted to
   35  the department on forms provided for this purpose. The
   36  application must include documentation that the applicant meets
   37  the appropriate requirements for a basic life support service or
   38  an advanced life support service, whichever is applicable, as
   39  specified by rule of the department.
   40         (2) The department shall issue a license for operation to
   41  any applicant who complies with the following requirements:
   42         (a) The applicant has paid the fees required by s. 401.34.
   43         (b) The ambulances, equipment, vehicles, personnel,
   44  communications systems, staffing patterns, and services of the
   45  applicant meet the requirements of this part, including the
   46  appropriate rules for either a basic life support service or an
   47  advanced life support service, whichever is applicable.
   48         (c) The applicant has furnished evidence of adequate
   49  insurance coverage for claims arising out of injury to or death
   50  of persons and damage to the property of others resulting from
   51  any cause for which the owner of such business or service would
   52  be liable. The applicant must provide insurance in such sums and
   53  under such terms as required by the department. In lieu of such
   54  insurance, the applicant may furnish a certificate of self
   55  insurance evidencing that the applicant has established an
   56  adequate self-insurance plan to cover such risks and that the
   57  plan has been approved by the Office of Insurance Regulation of
   58  the Financial Services Commission.
   59         (d) The applicant has obtained a certificate of public
   60  convenience and necessity from each county in which the
   61  applicant will operate. In issuing the certificate of public
   62  convenience and necessity, the governing body of each county
   63  shall consider the recommendations of municipalities within its
   64  jurisdiction.
   65         (3) The department may suspend or revoke a license at any
   66  time if it determines that the licensee has failed to maintain
   67  compliance with the requirements prescribed for operating a
   68  basic or advanced life support service.
   69         (4) Each license issued in accordance with this part will
   70  expire automatically 2 years after the date of issuance.
   71         (5) The requirements for renewal of any license issued
   72  under this part are the same as the requirements for original
   73  licensure that are in effect at the time of renewal.
   74         (6)(a) By January 1, 2017, the governing body of each
   75  county shall may adopt an ordinance or amend an existing
   76  ordinance to ordinances that provide reasonable, objective
   77  standards for certificates of public convenience and necessity
   78  for basic or advanced life support services and air ambulance
   79  services. In developing the standards for certificates of public
   80  convenience and necessity, the governing body of each county
   81  must consider state guidelines, recommendations of the local or
   82  regional trauma agency created under chapter 395, and the
   83  recommendations of the municipalities within its jurisdiction,
   84  and recommendations of the independent special districts that
   85  provide fire rescue services within its jurisdiction. The
   86  ordinance shall provide a quasi-judicial process, or some other
   87  type of evidentiary process, for approval or denial of an
   88  application for a certificate. The ordinance shall also provide
   89  that applicants currently maintaining fire rescue infrastructure
   90  and providing first response in the county may appeal the
   91  county’s decision to the circuit court with jurisdiction over
   92  the county. A county that, as of January 1, 2016, has adopted an
   93  ordinance that complies with this subsection is not required to
   94  further amend the ordinance.
   95         (b) The governing body of each county may adopt an
   96  ordinance to provide reasonable, objective standards for
   97  certificates of public convenience and necessity for air
   98  ambulance services. In developing the standards, the governing
   99  body of each county must consider state guidelines,
  100  recommendations of the local or regional trauma agency created
  101  under chapter 395, recommendations of the municipalities within
  102  its jurisdiction, and recommendations of the independent special
  103  districts that provide fire rescue services within its
  104  jurisdiction.
  105         (7)(a) Each permitted basic life support ambulance not
  106  specifically exempted from this part, when transporting a person
  107  who is sick, injured, wounded, incapacitated, or helpless, must
  108  be occupied by at least two persons: one patient attendant who
  109  is a certified emergency medical technician, certified
  110  paramedic, or licensed physician; and one ambulance driver who
  111  meets the requirements of s. 401.281. This paragraph does not
  112  apply to interfacility transfers governed by s. 401.252(1).
  113         (b) Each permitted advanced life support ambulance not
  114  specifically exempted from this part, when transporting a person
  115  who is sick, injured, wounded, incapacitated, or helpless, must
  116  be occupied by at least two persons: one who is a certified
  117  paramedic or licensed physician; and one who is a certified
  118  emergency medical technician, certified paramedic, or licensed
  119  physician who also meets the requirements of s. 401.281 for
  120  drivers. The person with the highest medical certifications
  121  shall be in charge of patient care. This paragraph does not
  122  apply to interfacility transfers governed by s. 401.252(1).
  123         Section 2. This act shall take effect July 1, 2016.