§ 11-19. Certificate of public convenience and necessity.  


Latest version.
  • (a)

    Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, conducts, maintains, advertises, engages in, or professes to engage in the business or service of providing prehospital or interfacility advanced life support services or basic life support transportation services must obtain a certificate of public convenience and necessity from the board of county commissioners before offering such service to the public.

    (b)

    The certificate issued in accordance with the provisions of this section shall automatically expire two (2) years after the date of issuance. The requirements for renewal of any certificate issued under the provisions of this section shall be the same as the requirement for a new certification current at the time or renewal.

    (c)

    The board of county commissioners may, after holding a public hearing, issue a certificate of public convenience and necessity to any applicant complying with the following requirements if the board of county commissioners determines that issuance of the certificate of public convenience and necessity is in the best interests of the residents of Lake County, Florida:

    (1)

    A county application and any required application fee are submitted by the applicant.

    (2)

    The applicant has submitted a copy of the application form required by the state department of health and rehabilitative services under the provisions of the Florida Emergency and Non-Emergency Medical Services Act (F.S. 401.21. et. seq.).

    (3)

    Any other information deemed necessary by the county is provided by the applicant.

    (d)

    The application and fee shall be filed with the department of fire and emergency services and the department of fire and emergency services shall cause notice of such filing to be sent to each municipality within the geographic area to be served by the applicant.

    (e)

    Upon receipt of the application, filing fee and a copy of the state application, the matter shall be placed on an agenda for a hearing before the board of county commissioners during a regularly scheduled meeting. Notice of the time and date for such hearing shall be sent to the applicant and to any municipality within the geographic area to be served by the applicant. In determining that the issuance of the certificate of public convenience and necessity is in the best interests of the residents of Lake County, Florida, the board of county commissioners shall consider the following factors:

    (1)

    The impact on current services;

    (2)

    The benefit to county residents;

    (3)

    Experience of the applicant and the applicant's employees;

    (4)

    Financial stability of the applicant;

    (5)

    Experience and record of the applicant's medical director;

    (6)

    Ability to comply with county records and reporting requirements;

    (7)

    Applicant's ability to provide additional or back-up service during disaster situations;

    (8)

    Condition of applicant's proposed fleet and equipment;

    (9)

    Any other considerations considered relevant by county.

    (f)

    The certificate of public convenience and necessity shall be in substantially the following form:

    CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY

    WHEREAS, name of provider will provide als transport/als nontransport/bls to the citizens of geographic area, and

    WHEREAS, there has been demonstrated a need for this emergency medical transportation provider to operate in the County to provide essential services to the citizens of this County, and

    WHEREAS, the above-mentioned emergency medical transportation provider has indicated that it will comply with all requirements of the Florida Emergency and Non-Emergent Medical Services Act, the Board of County Commissioners of Lake County hereby

    CERTIFIES that the public convenience and necessity will be served by name of provider.

    In issuing this Certificate, the Board of County Commissioners attest that recommendations of the municipalities within the provider's service area were considered.

    This Certificate shall expire expiration date.

    DONE AND RESOLVED by the Lake County Board of County Commissioners in regular session on the ________ day of ________, 19___.

(Ord. No. 1983-1, §§ 1—5, 1-4-83; Ord. No. 1988-5, § 4, 5-3-88; Ord. No. 1994-15, §§ 2, 3, 10-18-94; Ord. No. 1996-59, § 1, 7-23-96)

State law reference

Licensing of basic life support or advance license support systems and local certificates of public convenience and necessity authorized, F.S. § 401.25.