Agenda 10/11/2011 Item #17E10/11/2011 Item W.E.
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to Ordinance No. 04-12, as amended, relating to
ambulance and advanced life support services, for the purpose of clarifying/updating certain
provisions and adding a new classification of Certificate of Public Convenience and Necessity
(COPCN) that allows non - transport Advanced Life Support services.
OBSECEM: That the Board of County Commissioners (Board) adopts an ordinance
amending Ordinance No. 0442, as amended, in order to clarify and update certain provisions and
add a new classification of COPCN that allows non- transport Advanced Life Support services.
CONSIDERATIONS: As a prerequisite to state licensure for basic life support or advanced life
support (ALS) service Section 401.25, Florida Statutes requires an applicant to show that it has
obtained a COPCN from the county in which it will operate.
On February 24, 2004, the Board adopted Ordinance No. 04 -12, establishing a procedure to obtain
a COPCN and regulating those entities issued COPCN. Presently there are two COPCN
classifications: (1) Collier County EMS (ALS tran1port and non- transport) and (2) Collier County
Hospitals (Interfacility ALS transport).
On January 25, 2011, the Board issued North Naples Fire Control and Rescue District (District) a
COPCN so that it may provide ALS non- transport within the District's service area. Revision is
now necessary to include a Class 3 COCPN that contemplates ALS non- transport and generally
incorporates ALS non- transport into the Ordinance. Revisions to clarify /update the Ordinance are
also proposed.
Proposed revisions include: I
• Addition of a Class 3 Classification for ALS non- transport. (Class 3 operators will have
the option of contracting with the County for use of its Medical Director or using its own
medical director.) See Pages 7 -8 of the proposed amendment.
• _ If a Class 3 operator has entered into a contract with the County for use of its Medical
Director its paramedics are required to be certified by the County's Medical Director and
comply with Medical Director's ride time requirement. Otherwise, its own medical
director will perform the certification and ride time is limited to when a Class 3 operator
initiates ALS Services on the patient in order to ensure continuum of care. See Pages 9 -10
of the proposed amendment.
• Joint agreement by the medical director of each operator and compliance with Florida law
on the type of medical and emergency equipment on the vehicles. See Page ' 9 of the
proposed amendment.
• References to Chapter 401, Florida Statutes and Florida Administrative Code, where
appropriate.
• Revisions for clarification and internal consistency.
The proposed amendment was approved by the Emergency Medical Services Policy Advisory
Board on August 19, 2011. At that meeting the District had no objection. At its September 27,
2011 regular meeting, the Board of County Commissioners authorized the advertisement of the
proposed ordinance for future consideration.
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10/11/2011 Item 17.E.
FISCAL IMPACT: Advertising costs are approximately $270.00.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. -
JBW
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance amending Ordinance No. 04 -12, as amended, for the purpose of clarifying/updating certain
provisions and adding a new classification of Certificate of Public Convenience and Necessity that
allows non - transport Advanced Life Support services.
Prepared by: Artie R. Bay, Administrative Supervisor, Emergency Medical Services
Jennifer B. White, Assistant County Attorney
Attachments: Proposed Ordinance
Ordinance No. 04 -12
Ordinance No. 05 -16
I I - EMS - 00284/15
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10/11/2011 Item 17.E.
ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 04 -12,
AS AMENDED, BY AMENDING, SECTION TWO, DEFINITIONS;
SECTION FOUR, EXEMPTIONS AND EXCLUSIONS FROM
CERTIFICATE REQUIREMENT; SECTION FIVE, PROCEDURE
FOR OBTAINING CERTIFICATE; SECTION SEVEN,
REQUIREMENT FOR BOARD APPROVAL IN GRANTING
CERTIFICATE; SECTION NINE, RIGHTS AND DUTIES GRANTED
BY CERTIFICATE; SECTION ELEVEN, EMERGENCY
PROVISIONS; SECTION TWELVE, CLASSIFICATIONS OF
CERTIFICATES; SECTION FIFTEEN, GENERAL OPERATING
REGULATIONS; SECTION TWENTY, CONDUCT OF DRIVERS
AND ATTENDANTS; SECTION TWENTY -ONE: PASSENGERS;
SECTION TWENTY -TWO, OBEDIENCE TO TRAFFIC LAWS,
ORDINANCES AND REGULATIONS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2004 -12, as amended, is codified as Article
n
III of Chapter 50 of the Code of Laws and Ordinances of Collier County, and originally enacted
through its predecessor Ordinance No. 81 -75; and
WHEREAS, Collier County desires to make available to its citizens safe, professional
emergency health care transportation and non - transportation services for emergency pre - hospital
responses and the transfer of patients between and among local hospital facilities; and
WHEREAS, Collier County desires to facilitate the provision of such services and has the
necessary equipment, training, expertise, professional certifications and licenses to do so; and
WHEREAS, this amendment creates a Class 3 Non - Transport ALS certificate
classification that will result in a benefit to Collier County by reducing response times for certain
transports and providing for the availability of more transport vehicles.
NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA: n
Words underlined added and words swaek thfeugh are deleted.
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SECTION ONE: Amendments to Section Two of Ordinance No. 04 -12, as amended.
Section Two of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION TWO: DEFINITIONS.
A. Advanced Life Support (ALS) shall mean procedures conducted as defined in
applicable Florida Statutes and Florida Administrative Code,-- Seetiei and the
Collier County Medical Director's protocol.
B. Administrator shall mean the County Manager or his designee.
C. Ambulance means any privately or publicly owned land, air, or water vehicle that
is designed, constructed, reconstructed, maintained, equipped or operated, and is
used for or intended to be used for air, land, or water transportation of persons,
who are sick, injured, or otherwise helpless.
D. Board shall mean the Collier County Board of County Commissioners.
E. Certificate means a certificate of p3Lblic convenience and necessity as authorized
in Section 401.25 (2)(d), Florida Statutes.
F. Emergency Call shall mean the transit of an ambulance under conditions which
warrants travel with flashing lights and siren operating.
G. Operator shall mean any person, organization or governmental entity providing
ambulance or ALS services.
H. Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise
incapacitated or helpless.
I. Routine Call or Routine Transfer shall mean the transportation of a patient under
non - emergency call conditions.
Rescue Service on -ALS shall mean first response treatment of patients but
does not include Advanced Life Support (ALS) or transport.
SECTION TWO: Amendments to Section Four of Ordinance No. 04 -12, as amended.
Section Four of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION FOUR: EXEMPTIONS AND EXCLUSIONS FROM CERTIFICATE
REQUIREMENT.
Certificates shall not be required for:
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A. Rescue Services (Non -ALS).
B. The use of a non - ambulance for any transport of a patient pursuant to the Good
Samaritan Act, Section 768.13, Florida Statutes.
C. Vehicles rendering ambulance -type services when requested to do so by the
Board of County Commissioners or County Manager in the event of a major
catastrophe or other such emergency which requires more ambulances thant are
available in the county.
D. Ambulances based outside the county which pick up a patient in the county and
transport him out of the county, or which pick up a patient out of the county and
transport him into the county.
E. Vehicles used to transport persons for routine scheduled medical treatments.
Vehicles transporting persons who require services en route are not covered by
this exemption.
SECTION THREE: Amendments to Section Five of Ordinance No. 04 -12, as amended.
Section Five of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION FIVE: PROCEDURE FOR OBTAINING CERTIFICATE.
An applicant for a certificate shall b ,in forms f em the
reWmed to `he Division provide the Administrator with the following information in
order for a request for a certificate to be considered. Each applieotien re uest shall
contain:
A. The name, age, and address of the owner of the ambulance or ALS preside
Operator, or if the owner is a corporation, then of the directors of the corporation
and of all the stockholders holding more that 25% of the outstanding shares. For
governmental units, this information shall be supplied for members of the
governing body.
SECTION FOUR: Amendments to Section Seven of Ordinance No. 04 -12, as amended.
Section Seven of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION SEVEN: REQUIREMENT FOR BOARD APPROVAL IN GRANTING
CERTIFICATE.
Words underlined added and words - ..,agogh are deleted.
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The Board of County Commissioners shall not grant a certificate unless it shall find, after
public hearing and based on competent evidence that each of the following standards has been
satisfied:
A. That there is a public necessity for the service. In making such determination, the
Board of County Commission shall consider, as a minimum, the following
factors:
(1) The extent to which the proposed service is needed to improve the overall
€mer-gene-y— Medieal -- Ser -vises emergency medical services (EMS)
capabilities of the County.
(2) The effect of the proposed service on existing services with respect to
quality of service and cost of service.
SECTION FIVE: Amendments to Section Nine of Ordinance No. 04 -12, as amended.
Section Nine of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION NINE: RIGHTS AND DUTIES GRANTED BY CERTIFICATE.
The certificate granted by the Board shall be valid for one calendar year and shall be
personal to the applicant and not transferable. In the case of a corporation, if there occurs such a
transfer of stock or other incidents of ownership as to change the majority or largest stockholder,
a new certificate must be applied for. Changes in the officers of the corporation will not require
a new certificate.
Acceptance of the certificate by the applicant shall obligate the applicant to:
A. Service the entire zone granted to the applicant.
B. Provide coverage to adjoining zones, if available, when requested to do so by
Emer -geney Gent m' emergency dispatch for emergency calls when the certificate
holder for that zone is unable to respond.
C. Keep posted at his place of business a copy of the fee schedule, which must be
filed with the Administrator (If applicable).
D. Operate in accordance with the rules and regulations adopted pursuant to this
Ordinance and any applicable County Ordinances, and Chapter 401 Florida
Statutes, and any administrative regulations adopted pursuant thereto.
Words underlined added and words Am& through are deleted.
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E. Employ at all times sufficient personnel experienced in operation and
management of emergency medical services to ensure proper and efficient
operation.
SECTION SIX: Amendments to Section Eleven of Ordinance No. 04 -12, as amended.
Section Eleven of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION ELEVEN: EMERGENCY PROVISIONS.
The Board may modify, suspend or revoke a certificate in the interest of the public
health, safety and welfare, only at public hearing and after reasonable notice has been given to
the certificate holder affected. However, if a situation exists which poses a serious threat that
wee- or- - r-eseue seFviee the Operator will not be available to any certain area of Collier
County, the Administrator shall have such temporary emergency powers as are necessary to
provide that service. These temporary powers are intended to provide interim protection until
such time as the Board meets to resolve the emergency.
SECTION SEVEN: Amendments to Section Twelve of Ordinance No. 04 -12, as amended.
Section Twelve of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION TWELVE: CLASSIFICATIONS OF CERTIFICATES.
There shall be three twe (3) (2) classifications of service in Collier County, as follows:
A. Class 1: r„'� Geuf4y EMS ALS Transport:
ALS Rescue: An EMS premier Operator with the capability of rendering on the
scene prehospital ALS services with transport capability and who may or may not
elect to transport patients based on medical necessity. An EMS pr-evide Operator
rendering this level of service for a governmental entity shall be deemed to be
operating under the Class 1 - ALS rescue certificate of public convenience and
necessity held by the governmental entity. An EMS pe Operator holding a
Class 1 — ALS rescue certificate may provide post - hospital interfacility medical
transfer services and routine ALS and BLS calls within the County. A certificate
of public convenience and necessity must be obtained from the County before
engaging in this level of medical service.
B. Class 2: Collier County Hospitals:
1. ALS Transfer: An EMS premier- Operator who renders ALS interfacility
medical transfer services. An EMS previder Operator who is awarded a Class 2 —
ALS transfer certificate and does not possess a Class 1 — ALS rescue certificate
shall not respond to an emergency call and provide ALS rescue services unless
called upon by the appropriate Class 1 — ALS rescue pfevide Operator to provide
Words underlined added and words str-usk thfou are deleted.
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emergency backup service. In these instances, it shall be deemed to be operating
under the Class I — ALS rescue certificate of the governmental entity requesting
such emergency backup service.
2. Class 2 — ALS transfer certificate holders may provide post - hospital
interfacility medical transfer services and routine ALS and BLS calls within the
County but only to hospitals owned by the certificate holder, however, the Class 2
certificate holder may provide out -of- County transports. Unless an EMS provider
possesses a Class I — ALS Rescue certificate issued by the County, a certificate of
public convenience and necessity must be obtained from the County before
engaging in this level of medical service.
3. Class -2 transfer certificate holders shall contract with the Class --1 r-eseue
OeFtif ea4 w l ' Meth ' D the County for the e performance of services
set forth in Florida Statutes, Section 401.265 and Chapter 64J-1.004(4)(a),
Florida Administrative Code. and as speeifieally set fefth herein as fellows -
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C. Class 3: ALS Non - Transport:
1. ALS Non - Transport: An EMS Operator who renders Advanced Life
Support pre - hospital services without transport capability_
2. Class 3 certificate holders work in concert with applicable Class 1
providers to assure adequate and timely_ response to prehospital incidents with the intent
to either reduce applicable response times or otherwise augment the level of services as
requested by the associated Class 1 Operator. Unless an EMS Operator possesses a Class
1 — ALS Rescue certificate issued by the County, a certificate of public convenience and
necessitv must be obtained from the Countv before encasing in this level of medical
service.
3. Class -3 certificate holders shall contract with the County for a negotiated
amount per year for administrative services offered by he Office of the Medical Director
for the creation and update of medical protocol; and other eg neral support as requested by
the Class -3 certificate holder. The Office of the Medical Director shall not be considered
the medical director for a Class -3 Operator for purposes of this Ordinance or Florida
Statutes unless the Class -3 Operator separately contracts with the County in order for the
Words underlined added and words struelt threugh are deleted.
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C. Class 3: ALS Non - Transport:
1. ALS Non - Transport: An EMS Operator who renders Advanced Life
Support pre - hospital services without transport capability_
2. Class 3 certificate holders work in concert with applicable Class 1
providers to assure adequate and timely_ response to prehospital incidents with the intent
to either reduce applicable response times or otherwise augment the level of services as
requested by the associated Class 1 Operator. Unless an EMS Operator possesses a Class
1 — ALS Rescue certificate issued by the County, a certificate of public convenience and
necessitv must be obtained from the Countv before encasing in this level of medical
service.
3. Class -3 certificate holders shall contract with the County for a negotiated
amount per year for administrative services offered by he Office of the Medical Director
for the creation and update of medical protocol; and other eg neral support as requested by
the Class -3 certificate holder. The Office of the Medical Director shall not be considered
the medical director for a Class -3 Operator for purposes of this Ordinance or Florida
Statutes unless the Class -3 Operator separately contracts with the County in order for the
Words underlined added and words struelt threugh are deleted.
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County's Medical Director to serve as its medical director for the performance of services
set forth in Section 401.265 Florida Statutes and Chapter 64J -2.004 4 a Florida
Administrative Code.
4. The medical director for the Class -3 certificate holder shall work
cooperatively with the County's Office of the Medical Director to ensure continuity of
care. The medical director for the Class -3 certificate holder shall not dele ate or
relinquish any responsibilities identified in Section 401.265. Florida Statutes and
associated Florida Administrative Code rules.
SECTION EIGHT: Amendments to Section Fifteen of Ordinance No. 04 -12, as amended.
Section Fifteen of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION FIFTEEN: GENERAL OPERATING REGULATIONS.
All certificate holders, operators, and drivers shall comply with all state statutes and
administrative regulations as following regulations:
A. Twenty -four Hour Service. Every certificate holder shall be required to operate
sufficient ambulances, or relevant apparatus, as stated on the eertifieute of
eperr -ation vehicle permit issued by the State Department of Health Bureau of
Emergency Medical Services and det°fmin °d by the Be-a -a permit issued by the
Board, on immediate call at all times.
B. Prompt Service Required. Every call for ambulanee service shall be answered
promptly. Patients shall be appropriately assessed, treated packaged, loaded and
transported by an Operator that is licensed to transport without being subject to
unreasonable delays. All calls for emergency assistance requiring over twenty
(20) minutes from time of notification to arrival on scene shall be reported to the
Administrator with complete documentation of the circumstances, which delayed
the response. Those instances where more than three (3) minutes elapse between
receipt of an emergency call and dispatch of an emergency vehicle ambulanee
shall also be reported to the Administrator with documentation of circumstances.
C. Bed Linens. Every Operator transporting_ patients shall provide clean Clean and
sanitary bed linens shall be- pr-e for each patient carried a-Rd which shall be
changed as soon as practicable after the discharge of the patient.
D. Daily Log. Every eOperator trans ortin patients shall maintain in a daily log
upon which shall be recorded the place or origin, time of call, time of dispatch,
time of arrival at scene, time left for hospital, time of arrival at hospital, and
charges for each trip made and such other operating and patient information as
may be required by Ordinance. Every eOperator shall retain and preserve all
i-11. daily logs for at least two (2) years, and such logs shall be available for inspection
by the Administrator.
Words underlined added and words stmek thfou are deleted.
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E. Communications. Each alaRee emergency vehicle shall maintain two -way
radio communication with the location of primary dispatch from which it
operates, as well as any additional communication capabilities required by
Ordinance or state law.
F. Vehicles and Equipment. Each Operator's vehicles shall be equipped with the
proper medical and emergency equipment as r-equired bye- iointly agreed to by
the medical director of each licensed provider and the laws of the State of Florida
the laws ef Fier-ida and this Or-dinanee.
G. Certification. 6). In addition to the State of Florida Department of Health,
Bureau of Emergency Medical Services requirements for certification, each
Collier County EMS paramedic, Class -2 Operator's paramedic, and Class -3
Operator that has separately entered into a contract with the County in order for
the County's- Medical Director to serve as its medical director for the performance
of services set forth in Section 401.265. Florida Statutes, and Chanter 64J-
2.00,44(4)(a), Florida Administrative Code, must be certified by the County
Medical Director. Each Collier County EMS paramedic and Class -2 Operator
paramedic must work with a Collier County EMS ambulance for a sufficient
length of time pursuant to paragraph H. for the Coun 's am;;elane Q
Mmedical Ddirector to properly judge the paramedic's his capability. A
the p edict must , err in that „ ,.:t. not less than ,,,,e full ., nt
wer4i shift afmually. Salaries of other than Collier County EMS paramedics will
be paid by the agency seeking the Medical Director Certification.
(ii). The Medical Director of a Class -3 Operator or a Class -1 Operator,
excluding Collier County EMS, shall certify its paramedics pursuant to
Section 401.265, Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida
Administrative Code.
(iii). A Class -3 Operator that has separately entered into a contract with the
County in order for the County's Medical Director to serve as its medical
director for the performance of services set forth in Section 401.265,
Florida Statutes, and Chapter 64J- 2.004(4)(a), Florida Administrative
Code, shall be certified pursuant to the terms of such contract.
H. Ride Time Requirement. Each paramedic emploved by Collier Countv EMS. a
Class -1 Operator or a Class -2 Operator must work, at a minimum, with a Class -1
Operator's ambulance not less than one full month's work shift annually. Each
paramedic employed by a Class -3 Operator that has its own medical director must
accompany a patient on the Collier County EMS ALS transport from scene to
hospital when the paramedic for such Class -3 Operator initiates ALS services on a
patient prior to Collier County EMS transport arrival or if the patient's condition
requires that additional level of expertise. Each paramedic employed by a Class -3
Operator that has separately entered into a contract with the County in order for �
the County's Medical Director to serve as its medical director for the performance
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of services set forth in Section 401.265 Florida Statutes and Chanter 64J-
2.004(4)(a), Florida Administrative Code shall either work with a Collier County
EMS ambulance not less than one full month's work shift annually or must
accompany a patient on the Collier County EMS ALS transport from scene to
hospital when the paramedic for such Class -3 Operator initiates ALS services on _a
patient prior to a Collier County EMS transport arrival or if the patient's condition
re uires that additional level of expertise, as provided for in its contract with the
County.
I. Application. Each ambulance or ALS service shall be subject to those rules and
regulation as promulgated by Ordinances of the Board for the purpose of carrying
out this ordinance.
SECTION NINE: Amendments to Section Twenty of Ordinance No. 04 -12, as amended.
Section Twenty of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION TWENTY: CONDUCT OF DRIVERS AND ATTENDANTS.
All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in
order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic
registered hereunder shall:
I. Operate or ride in an vehicle aanee without using seatbelts. (Personnel
attending patients are exempt).
SECTION TEN: Amendments to Section Twenty-One of Ordinance No. 04 -12, as
amended.
Section Twenty -One of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION TWENTY -ONE: PASSENGERS.
No person shall be aboard ambulances when engaged in emergency or - eutiae m°'� ^�'
ea4s- routine calls except the following:
A. Driver, attendants and fire or law enforcement personnel;
B. Patients;
C. Net e than ..e- relative or- -elese ffiend -ef the patient, er if the situmien
Relatives or close friends of the patient when authorized by an EMS Battalion
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Chief or position of a higher rank. These requests will only be granted under
exceptional circumstances:
D. Physicians and nurses;
E. Personnel in an observing capacity that are being trained for ambulance or ALS
service: •,-or
F. Operator's supervisory personnel.
SECTION ELEVEN: Amendments to Section Twenty -Two of Ordinance No. 04 -12, as
amended.
Section Twenty-Two of Ordinance No. 04 -12, as amended, is hereby amended as follows:
SECTION TWENTY -TWO: OBEDIENCE TO TRAFFIC LAWS, ORDINANCES OR
REGULATIONS.
A. Under the provisions of Florida State laws Tthe driver of an ambulance or ALS
vehicle when responding to an emergency call or while transporting a patient may
exercise the following privileges when such driver has reasonable grounds to
believe that an emergency in fact exists requiring the exercise of such privileges: n
SECTION TWELVE: Conflict and Severability.
In the event this Ordinance should ever conflict with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provisions and such holding shall not affect
the validity of the remaining portions.
SECTION THIRTEEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
Words underlined added and words sEmele through are deleted.
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n lettered and internal cross - references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOURTEEN: Effective Date.
This Ordinance shall be considered adopted upon the date written below and subject to
filing with the Florida Department of State.
PASSED AND DULY ADOPTED by a vote of majority of the Board of County
Commissioners of Collier County, Florida, this day of , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
LN
, Deputy Clerk
Approved as to form
and legal sufficiency:
%
� .
Jenne r B. White
Assistant County Attorney
FRED W. COYLE, CHAIRMAN
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/,y3 -_ ♦ �s# ORDINANCE NO. 2004 - 12 ry
L j AN ORDINANCE AMENDING ORDINANCE 81 -75:_
ADDING SECTION TWELVE ENTITLEEI.:y
4 CLASSIFICATIONS AND CERTIFICATES; PROVIDING F&Fr'
INCLUSION IN CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABIL.ITY; AND
�f�1ZZ"L� PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County desires to make available to its citizens safe, professional
emergency health care transportation services for the transfer of patients between and among
local hospital facilities; and
WHEREAS, Collier County desires to facilitate the provision of such services and has the
necessary equipment, training, expertise, professional certifications and licenses to do so; and
WIIEREAS, the amendment to Ordinance Number 81- 75 results in a benefit to Collier
County by reducing response times for certain transports and providing for the availability of
more transport vehicles.
NOW T14EREFORE:
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1: Purpose
This ordinance is adopted pursuant to Chapters 125 and 401, Florida Statutes. The
purpose of this ordinance is to provide better protection for the health, safety and welfare of the
residents of Collier County, in ambulance and ALS matters, by establishing uniform county -wide
standards for certification of ambulance or advanced life support or services, or operations by
promulgating complete and clear rules and regulations for operation of all ambulance or rescue
companies or services in Collier County.
Section 2: Definitions
A. Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable
Florida Statutes and Florida Administrative Code, Section 64E.
B. Administrator shall mean the County Manager or his designee.
C. Ambulance means any privately or publicly owned land, air, or water vehicle that is
designed, constructed, reconstructed, maintained, equipped or operated, and is used for or
intended to be used for air, land, or water transportation of persons, who are sick, injured,
or otherwise helpless.
D. Board shall mean the Collier County Board of County Commissioners.
E. Certificate means a certificate of convenience and necessity as authorized in Section
401.25 (2)(d), Florida Statutes.
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F. Emergency Call shall mean the transit of an ambulance under conditions which warrants
travel with flashing lights and siren operating.
G. Operator shall mean any person, organization or governmental entity providing
ambulance or ALS services.
H. Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise
incapacitated or helpless.
I. Routine Call or Routine Transfer shall mean the transportation of a patient under non -
emergency call conditions.
1. Rescue Service shall mean first response treatment of patients but does not include
Advanced Life Support (ALS) or transport.
Section 3: Requirements For Certificate
It shall be unlawful for any person, firm, agency, or any other entity, including
governmental units, to provide an ambulance service or provide advanced life support without
first obtaining a certificate therefore from the Board of County Commissioners of Collier
County.
^` Section 4: Exemptions and Exclusions From Certificate Requirement
Certificates shall not be required for:
A. Rescue Services
B. The use of a non - ambulance for any transport of a patient pursuant to the Good Samaritan
Act, Section 768.13, Florida Statues.
C. Vehicles rendering ambulance -type services when requested to do so by the Board of
County Commissioners or County Manager in the event of a major catastrophe or other
such emergency which requires more ambulances that are available in the county.
D. Ambulances based outside the county which pick up a patient in the county and transport
him out of the county, or which pick up a patient out of the county and transport him into
the county.
E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles
transporting persons who require services en route or who must be carried on a stretcher
are not covered by this exemption.
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Section 5: Procedure For Obtaining Certificate 11-�,
An applicant for a certificate shall obtain forms from the department to be completed and
returned to the Division Administrator. Each application shall contain:
A. The name, age, and address of the owner of the ambulance or ALS provider, or if the
owner is a corporation, then of the directors of the corporation and of all the stockholders
holding more that 25% of the outstanding shares. For governmental units, this
information shall be supplied for members of the governing body.
B. The boundaries of the territory desired to be served.
C. The number and brief description of the ambulances or other vehicles the applicant will
have available.
D. The address of the intended headquarters and any sub- stations.
E. The training and experience of the applicant.
F. The names and addresses of three (3) Collier County residents who will act as references
for the applicant.
G. A schedule of rates which the service intends to charge.
H. Such other pertinent information as the administrator may require.
1. An application or renewal fee of two hundred fifty dollars ($250.00). (Exception Collier
county EMS
J. Financial data including assets and liabilities of the operator. A schedule of all debts
encumbering any equipment shall be included.
Section 6: Review of Application
The Administrator shall review each application and shall investigate the applicant's
reputation, competence, financial responsibility, and any other relevant factors. The
Administrator shall also make an investigation as to the public necessity for an ambulance or
ALS operation in the territory requested, and shall then make a report to the Board containing his
recommendation whether to grant a certificate to the applicant within sixty (60) days of the time
the Administrator determines the application is complete.
Section 7: Requirement For Board Approval In Granting Certificate
The Board of County Commissioners shall not grant a certificate unless it shall find, after
public hearing and based on competent evidence that each of the following standards has been r1
satisfied:
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A. That there is a public necessity for the service. In making such determination, the Board
Of County Commission shall consider, as a minimum, the following factors:
(1) The extent to which the proposed service is needed to improve the overall
Emergency Medical Services (EMS) capabilities of the County.
(2) The effect of the proposed service on existing services with respect to quality of
service and cost of service.
(3) The effect of the proposed service on the overall cost of EMS service in the
County.
(4) The effect of the proposed service on existing hospitals and other health care
facilities.
(5) The effect of the proposed service on personnel of existing services and the
availability of sufficient qualified personnel in the local area to adequately staff
all existing services.
B. That the applicant has sufficient knowledge and experience to properly operate the
proposed service.
C. That, if applicable, there is an adequate revenue base for the proposed service.
D. That the proposed service will have sufficient personnel and equipment to adequately
cover the proposed service area.
Section 8: Appointment of Hearing Officer
In making the determinations provided for in Section 7 above, the Board may, in its sole
discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings and
conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing
Officer shall render a written report to the Board within 30 days of the hearing, which report
shall contain the officer's findings and conclusions of fact, and a recommended order. The
findings and conclusions of fact shall be binding upon the Board, but the recommended order
shall be advisory only.
Section 9: Rights and Duties Granted By Certificate
The certificate granted by the Board shall be valid for one calendar year and shall be
personal to the applicant and not transferable. In the case of a corporation, if there occurs such a
transfer of stock or other incidents of ownership as to change the majority or largest stockholder,
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a new certificate must be applied for. Changes in the officers of the corporation will not require
a new certificate.
Acceptance of the certificate by the applicant sliall obligate the applicant to:
A. Service the entire zone granted to the applicant.
B. Provide coverage to adjoining zones, when requested to do so by Emergency Control for
emergency calls when the certificate holder for that zone is unable to respond.
C. Keep posted at his place of business a copy of the fee schedule, which must be filed with
the Administrator (if applicable).
D. Operate in accordance with the rules and regulations adopted pursuant to this Ordinance
and any applicable County Ordinances, and Chapter 401 Florida Statutes, and any
administrative regulations adopted pursuant thereto.
F. Employ at all times sufficient personnel experienced in operation and management of
emergency medical services to ensure proper and efficient operation.
Section 10: Renewal of Certificate
Each certificate holder shall file within ninety (90) days of expiration, an application for
renewal of his certificate. Renewals shall be based upon the same standards, as the granting of
the original certificate along with such other factors as may be relevant. The renewal application
shall be accompanied by a two hundred and fifty dollar ($250.00) renewal fee.
The renewal certificate may be approved routinely by the Board, upon advice of the
Administrator, or the Board may hold a hearing on same.
Section 11: Emergency Provisions
The Board may modify, suspend or revoke a certificate in the interest of the public
health, safety and welfare, only at public hearing and after reasonable notice has been given to
the certificate holder affected. However, if a situation exists which poses a serious threat that
ambulance or rescue service will not be available to any certain area of Collier County, the
Administrator shall have such temporary emergency powers as are necessary to provide that
service. These temporary powers are intended to provide interim protection until such time as
the Board meets to resolve the emergency.
Section 12: Classifications of Certificates
There shall be two (2) classifications of service in Collier County, as follows:
A. Class l: Collier County EMS:
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ALS Rescue: An EMS provider with the capability of rendering on the scene
prehospital ALS services and who may or may not elect to transport patients
An EMS provider rendering this level of service fora governmental entity
shall be deemed to be operating under the Class 1 - ALS rescue certificate of
public convenience and necessity held by the governmental entity. An EMS
provider holding a Class I — ALS rescue certificate may provide post
hospital interfacility medical transfer services and routine ALS and BLS
calls within the County. A certificate of public convenience and necessity
must be obtained from the Countv before engaging in this level of medical
service.
B. Class 2: Collier County Hospitals:
1. ALS Transfer: An EMS provider who renders ALS interfacility
medical transfer services. An EMS nrovider who is awarded a Class 2 ALS
transfer certificate and does not possess a Class 1 — ALS rescue certificate
shall not respond to an emergency call and provide ALS rescue services
unless called upon by the appropriate Class 1 — ALS rescue provider to
provide emereencv backun service In these instances it shall be deemed to
be operating under the Class 1 — ALS rescue certificate of the governmental
entity requesting such emereencv backup service
2. Class 2 — ALS transfer certificate holders may rovide ost -hos ital
interfacility medical transfer services and routine ALS and BLS calls within
the County but only to hospitals owned by the certificate holder, however,
the Class 2 certificate holder may provide out -of- Countv transports Unless
an EMS provider possesses a Class l — ALS Rescue certificate issued by the
County, a certificate of public convenience and necessity must be obtained
from the County before eneaeina in this Ievel of medical service
3. Class -2 transfer certificate holders shall contract witb the Class — l
rescue certificate bolder's Medical Director for the Performance -of services
set forth in Florida Statutes Section 401.265 and as specifically set forth
herein as follows:
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a. He shall supervise and accept direct responsibility for the
medical performance of the paramedics and Emergency Medical
Technicians (hereinafter EMTsI
h. He shall develop medically correct standing orders or protocols
relating to life support system procedures when communication
cannot be established with a supervising physician or when any delay
in patient care would potentially threaten the life or health of the
patient.
C. He shall issue standing orders and Protocols to ensure that the
Class -2 transfer certificate holder transports each of its Patients to
facilities that offer a tvpe and level of care appropriate to the patient's
medical condition.
d. He or his aPpointee shall Provide continuous 24-hour-per-day,
7- day -per -week medical direction which shall include in addition to
the development of protocols and standing orders direction to the
Class -2 transfer certificate holder's personnel as to the availability of
"off- line" service to resolve problems system conflicts and provide
services in an emergency as that term is defined by section 252.34(3).
Florida Statutes.
e. He shall establish a quality assurance committee to provide for
quality assurance review of all EMTs and Paramedics operating
under his supervision.
f. He shall audit the Performance of system Personnel by use of a
quality assurance Program that includes but is not limited to a
prompt review of patient care records direct observation and
comparison of Performance standards for drugs equipment system
Protocols and procedures He shall be responsible for Participating in
quality assurance Programs developed by the Class -2 transfer
certificate holder.
g. He shall ensure and certifv that security procedures of the
Class -2 transfer certificate holder for medications fluids and
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controlled substances are in com liance with chapters 401 499 and
893 Florida Statutes and cha ter .l OD -45 of the Florida
Administrative Code
h. He shall create authorize and ensure adherence to detailed
written operating procedures regarding all aspects of the handling of
medications fluids and controlled substances by the EMS ersonnel
and comply with all requirements of chanters 401 499 and 893
Florida Statutes.
L He shall notify the Florida Department of Health (hereinafter
the "De- partment ") in writing when the use of telemetry is not
necessary.
i. He shall notify the department in writing of each substitution
of equipment or medication
k. He shall assume direct responsibility for the use by an EMT of
an automatic or semi- automatic defibrillator; the Derformance of
esophageal intubation by an EMT; and on routine interfacility
transports, the monitoring and maintenance of non medicated I V s
by an EMT. He shall ensure that the EMT is trained to perform these
Procedures: shall establish written Drotocols for the performance of
these procedures, shall provide written evidence to the Florida
Department of Health documenting compliance with the Provisions of
this paragraph.
1. He shall ensure that all EMTs and Paramedics are trained in
the use of the trauma scorecard methodologies as provided in sections
64E -2.017 of the F.A.C., for adult trauma patients and 64E-2.0175,
F.A.C., for Pediatric trauma Patients
M. He shall participate as a crewmember on an EMS vehicle for a
minimum of 10 hours Per year and complete a minimum of 10 hours
per vear of continuing medical education related to Pre hospital care
or teaching or a combination of both
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n. He shall ensure that all of the Class -2 transfer certificate r�
holder's EMTs and paramedics have all Proper certifications and
receive all training necessary to maintain their certification
Section 4-2 13: Transfer Or Assignment of Certificates
No certificate issued under this Ordinance shall be assignable or transferable by the
person to whom issued except- unless approval is obtained from the Board in the same manner
and subject to the same application, investigation, fees and public hearing as original
applications for certificates. Any majority transfer of shares or stock or interest of any person or
operator so as to cause a change in the directors, officers, majority stockholders or managers of
such person or operator shall be deemed a transfer or assignment as contemplated in this
Ordinance and subject to the same rules and regulations as any other transfer or assignment.
Section 43 14: Revocation, Alteration Or Suspension Grounds
A. Every certificate issued under this Ordinance shall be subject to revocation, alteration
and /or suspension of operation, buy the Board, for a period of up to one year, where it
shall appear that:
111—\
1. The operator has failed or neglected for a period of thirty (30) days during any
calendar year to render all services authorized by his certificate.
2. The operator has been convicted of a felony or any criminal offense involving
moral turpitude.
3. The certificate was obtained by an application in which any material fact was
omitted or falsely stated.
4. The operator has knowingly permitted any of its motor vehicles to be operated in
violation the laws which result in conviction of the driver or operator of a
misdemeanor in the second degree or greater, or has knowingly permitted a driver
with more than two previous convictions to operate emergency vehicles.
5. The operator has failed to comply with any of the provisions of this Ordinance.
6. The public interest will best be served by revocation, alteration, or suspension of
any certificate upon good cause shown.
7. The operator or his agent has demanded money or compensation other that that 10—S,
established and prescribed under this ordinance. (If applicable).
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8. The operator has without sufficient justification failed or refused to furnish
emergency care and /or transportation promptly for a sick or injured person.
9. The operator or his agent has been found guilty of malpractice or willful and
wanton misconduct in the operation of its service.
13. All complaints shall be investigated and a report thereon made to the Board, together
with findings and recommendations, within fifteen (15) days. If revocation, suspension
or alteration of any certificate appears warranted, the Board shall give notice to the
operator holding the certificate that the same will be considered at a specific commission
meeting, provided the date of such meeting shall not be less than five (5) days from the
date of the notice. The Board shall thereupon consider the complaint and either revoke,
suspend or alter the certificate or dismiss the complaint.
Section 44 15: General Operating Regulations
All certificate holders, operators, and drivers shall comply with all state statutes and
administrative regulations as following regulations:
A. Twenty -four Hour Service. Every certificate holder shall be required to operate
sufficient ambulances, as stated on the certificate of operation and determined by the
Board, on immediate call at all times.
B. Prompt Service Required. Every call for ambulance service shall be answered promptly.
Patients shall be loaded and transported without being subject to unreasonable delays.
All calls for emergency assistance requiring over twenty (20) minutes from time of
notification to arrival on scene shall be reported to the Administrator with complete
documentation of the circumstances, which delayed the response. Those instances where
more that three (3) minutes elapse between receipt of an emergency call and dispatch of
an ambulance shall also be reported to the Administrator with documentation of
circumstances.
C. Bed Linens. Clean and sanitary bed linens shall be provided for each patient carried and
shall be changed as soon as practicable after the discharge of the patient.
D. Daily Log. Every operator shall maintain in a daily log upon which shall be recorded the
place or origin, time of call, time of dispatch, time of arrival at scene, time left for
hospital, time of arrival at hospital, and charges for each trip made and such other
operating and patient information as may be required by Ordinance. Every operator shall
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retain and preserve all daily logs for at least two (2) years, and such logs shall be 10-1�1
available for inspection by the Administrator.
E. Communications. Each ambulance shall maintain two -way radio communication with the
location of primary dispatch from which it operates, as well as any additional
communication capabilities required by Ordinance or state law.
F. Vehicles and Equipment. Each vehicle shall be equipped with the proper medical and
emergency equipment as required by the laws of the State of Florida and shall be
subjected to inspection from time to time to insure compliance with the laws of Florida
and this Ordinance.
G. Certification. In addition to the State of Florida Department of Health, Bureau of
Emergency Medical Services requirements for certification, each paramedic must be
certified by the County Medical Director. Each paramedic must work with a Collier
County EMS ambulance for a sufficient length of time for the ambulance service medical
director to properly judge his capability. At minimum, the paramedic must work in that
capacity not less than one full month's work shift annually. Salaries of other than Collier
County EMS paramedics will be paid by the agency seeking the Medical Director
Certification.
H. Application. Each ambulance or ALS service shall be subject to those rules and
regulation as promulgated by Ordinances of the Board for the purpose of carrying out
this ordinance.
Section 4-5-16: Central Place of Business
Each operator shall maintain a central place of business which shall be entirely within his
designated operating zone, at which place he shall provide two -way radio communication with
his vehicles, the county emergency control communications center, and his place of business, a
properly listed telephone for receiving all calls for service and at which central place of business
he shall keep such business records and daily logs available for inspection or audit by the
Administrator. Every operator shall keep on file with the Administrator and the County
Emergency Control Communications Center a business address and telephone number at which
the operator may be reached at all times. This information will be maintained at the Emergency
Control Center.
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Section 4-6 17: Records To Be Kept
Every operator shall keep accurate records of receipts from operations, operating and
other expenses, capital expenditure and such other operating and patient information as may be
required by the Board.
Section 44 18: Rates
Every operator shall file with the Board a schedule of the rates. Such rates shall be filed
as a part of each new or renewal application, and a rate schedule shall also be filed when changes
in rates are proposed. All such rates shall be subject to review and approval by the Board.
Section 4-8 19: Operator's Insurance
Every ambulance operator shall carry bodily injury and property damage insurance with
solvent and responsible insurers authorized to transact business in the State of Florida to secure
payment for any loss or damage resulting from any occurrence arising out of or caused by the
operation or use of any of the operator's motor vehicles. Each vehicle shall be insured for the
sum of at least one hundred thousand dollars ($100,000.00) for injuries to or death of any one
person arising out of any one accident and the sum of at least three hundred thousand dollars
($300,000.00) for injuries to or death or more than one person in any one accident and for the
sum of at least fifty thousand dollars ($50,000.00) for damage to property arising from any one
accident. They shall also have malpractice insurance. Every insurance policy or contract for
such insurance shall provide for the payment and satisfaction of any financial judgment entered
against the operator and present insured or any person driving the insured vehicle. Such
insurance shall be obtained and certificates or certified copies of such policies shall be filed with
the Board. All such insurance policies, certificates thereof or certified copies of such insurance
policies shall provide for a thirty (30) day cancellation notice to the Board.
Section 4.9 20: Conduct of Drivers And Attendants
All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in
order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic
registered hereunder shall:
A. Fail or refuse to promptly transport, if applicable, or attend any sick or injured person
after responding to a call.
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10/11/2011 Item 17.E.
B. Demand or receive compensation other that that established and approved in
accordance with this ordinance or fail to give a receipt for moneys received. (If
applicable).
C. Give or allow rebate, commission, discount or any reduced rate not provided in the
established rate. (If applicable.)
D. At any time induce or seek to induce any person engaging an ambulance or ALS service
to patronize or retain the services of any hospital, convalescent home, mortuary,
cemetery, attorney, accident investigator, nurse, medical doctor or other service
occupation or profession.
E. At any time release his patient from his care until he is assured that some responsible
person is available to receive such patient.
F. At any time use a siren or flashing red light unless on an emergency call.
G. Disobey the lawful orders of the law enforcement officer at the scene of an accident, or
other similar such emergency or at a fire scene, the fire officer in charge.
N. Smoke while within the confines of an ambulance.
I. Operate or ride in an ambulance without using seatbelts. (Personnel attending patients
are exempt).
Section 20 21: Passengers
No person shall be aboard ambulances when engaged in emergency or routine medical calls
except the following:
A. Driver, attendants and fire or law enforcement personnel;
B. Patients;
C. Not more that one relative or close friend of the patient, or if the situation warrants, the
paramedic in charge may authorize more than one passenger.
D. Physicians and nurses;
E. Personnel in an observing capacity that are being trained for ambulance or ALS service.
F. Operator's supervisory personnel.
Section U 22: Obedience to Traffic Laws, Ordinances or Regulations.
A. The driver of an ambulance or ALS vehicle when responding to an emergency call or while
transporting a patient may exercise the following privileges when such driver has
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10/11/2011 Item 17.E.
reasonable grounds to believe that an emergency in fact exists requiring the exercise of
such privileges:
1. Park or stand, irrespective of the otherwise applicable provisions of law, ordinance
or regulations.
2. Proceed past a red light or stop signal or stop'sign, but only after slowing down as
may be necessary for safe operations.
3. Exceed the maximum speed limits permitted by law so long as he does not
endanger life or property.
4. Disregard laws, ordinances or regulations governing direction or movement or
turning in specified directions so long as he does not endanger life or property.
B. The exemptions herein granted shall apply only when such vehicle is making use of
audible and /or visible signals meeting the requirements of this Ordinance.
C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive
with due regard for the safety of all persons, nor shall such provisions protect the driver
from the consequences of his reckless disregard for the safety of others.
Section 22 23: Violations
In addition to the remedies provided herein, a violation of any provision of this ordinance
shall be punishable as provided by law for the violation of County ordinances.
Section 23 24: Uniformity of Application
The Ordinance shall constitute a uniform law applicable in all of Collier County.
Section 24 25: Authority To Enforce
It is hereby declared to be the duty of the Board of County Commissioners of Collier
County, its officers, agents, employees and other governmental agencies, the sheriff's
department of Collier County, its deputies and agents, fire departments, as well as the police
departments of the various municipalities falling under the provisions of this Ordinance to
stri:tly enforce the provisions of this Ordinance.
Section 25-26: Repeal and Codification
Ordinance 75 -50 is hereby repealed. This Ordinance shall be codified in the Collier
County Code as Chapter 4 of said Code, and said Code is hereby amended accordingly.
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Section 26 27: Conflict and Severability
In the event this Ordinance should ever conflict with any other ordinance of Collier
County, or applicable ordinance of any municipaliri or other applicable law, rule or regulation
the more restrictive shall apply. If any section sub - section sentence clause phrase or portion of
tb`.a Ordinance is for any reason held invalid or unconstitutional by any court of competent
iurisdiction, such portion shall be deemed a separate distinct and independent provision and
such holding shall not affect the validity of the remainder of the Ordinance
Section 37 28: Effective Date
This Ordinance shall become effective upon receipt of notice that it has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Aq day of Februar -W 2004.
ATTES``��Zt,�S,;.; BOARD OF COUNTY COMMISSIONERS
9.
DW1C�t'RQCet9s COLLIER C TY, FLORIDA
�.;�4��:,;;,y;
By. �' By.
sufficiency: ...•."'..
l L 111 J't—'k—,e V �c
J queline Williams Hubbard
Assistant County Attorney
H: Ordinance /Revision of Ord 81 -75
This ordinance filed with tha
ecrotory of State's Office A� e
6 ^ r day of, g -
and acknowicdgeme that
filing recveld this day
of
Cenh Mrk
I item # _ �'S E
Date a_aH oy
Date
Recd
Words underlined added and wnrrfc qt-aali thmugh are deleted. 15
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10/11/2011 Item 17.E.
�-a STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004 -12
Which was adopted by the Board of County Commissioners
on the 24th day of February, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
I,—N County Commissioners of Collier County, Florida, this 1st
day of March, 2004.
DWIGHT E. BROCK
Clerk of Courtss,�ar�+ ray
EX- officio to,.,
Y y
County Commt'`
Q.
r
By: Linda
u,
Deputy C" .$•��,•,.
Packet Page -1428-
10/11/2011 Item 17.E.
345g)8
�e 1 dPR o�' ORDINANCE NO. 2005 - 16
Q�r 'S AN ORDINANCE AMENDING ORDINANCE 04 -12 BY
V �� AMENDING SECTION FOUR ENTITLED: EXEMPTIONS AND
\fir_ EXCLUSIONS FROM CERTIFICATE REQUIREMENT.
LZ OZV
J WHEREAS, Collier County desires to make available to its citizens safe, professional
emergency health care transportation services I'or the transfer of patients between and among
local hospital facifities; and
WHEREAS, Collier County desires to facilitate the provision of such services and has the
necessary equipment, training, expertise, professional certifications and licenses to do so; and
WHEREAS, the amendment to Ordinance Number 04 -12 results in a benefit to Collier
County by reducing response times for certain transports and providing for the availability of
more transport vehicles.
NOW THEREFORE: BE IT ORDAINED BY THE BOARD (*r COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1: Purpose
This ordinance is adopted pursuant to Chapters 125 and 401, Florida te� "flttr
purpose of this ordinance is to provide better protection for the health, safety and ;k1eniar of the
residents of Collier County, in ambulance and ALS matters, by establishing unifonn county -wide
standards for certification of ambulance or advanced life support or services, or operations by
promulgating complete and clear rules and regulations for operation of all ambulance or rescue
companies or services in Collier County.
Section 2: Definitions
A. Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable
Florida Statutes and Florida Administrative Code, Section 64E.
B. Administrator shall mean the County Manager or his designee.
C. Ambulance means any privately or publicly owned land, air, or water vehicle that is
designed, constructed, reconstructed, maintained, equipped or operated, and is used for or
intended to be used for air, land, or water transportation of persons, who are sick, injured,
or otherwise helpless.
D. Board shall mean the Collier County Board of County Commissioners.
E. Certificate means a certificate of convenience and necessity as authorized in Section
401.25 (2)(d), Florida Statutes.
F. Emergency Call shall mean the transit of an ambulance under conditions which warrants
travel with flashing lights and siren operating.
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10/11/2011 Item 17. E.
G. Operator shall mean any person, organization or governmental entity providing
ambulance or ALS services.
Ii. Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise
incapacitated or helpless.
1. Routine Call or Routine Transfer shall mean the transportation of a patient under non -
emergency call conditions.
J. Rescue Service shall mean first response treatment of patients but does not include
Advanced Life Support (ALS) or transport.
Section 3: Requirements For Certificate
It shall be unlawful for any person, firm, agency, or any other entity, including
governmental units, to provide an ambulance service or provide advanced life support without
First obtaining a certificate therefore from the Board of County Commissioners of Collier
County.
Section 4: Exemptions and Exclusions From Certificate Requirement
Certificates shall not be required for:
A. Rescue Services.
B. The use of a non - ambulance for any transport of a patient pursuant to the Good Samaritan
Act, Section 768.13, Florida Statues.
C. Vehicles rendering ambulance -type services when requested to do so by the Board of
County Commissioners or County Manager in the event of a major catastrophe or other
such emergency which requires more ambulances that are available in the county.
D. Ambulances based outside the county which pick up a patient in the county and transport
him out of the county, or which pick up a patient out of the county and transport him into
the county.
E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles
transporting persons who require services en route
are not covered by this exemption.
Section 5: Procedure For Obtaining Certificate
An applicant for a certificate shall obtain forms from the department to be completed and
returned to the Division Administrator. Each application shall contain:
A. The name, age, and address of the owner of the ambulance or ALS provider, or if the
owner is a corporation, then of the directors of the corporation and of all the stockholders
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overnmental units, this
holding more that 25% of the outstanding shares. For g
information shall be supplied for members of the governing body.
13. The boundaries of the territory desired to be served. applicant will
C. The number and brief description of the ambulances or other vehicles the
have available.
D. The address of the intended headquarters and any sub - stations.
E. The training and experience of the applicant.
F The names and addresses of three (3) Collier County residents who will act as references
for the applicant.
G. A schedule of rates which the service intends to charge.
H. Such other pertinent information as the administrator may require.
1. An application or renewal fee of two hundred fifty dollars ($250.00). (Exception Collier
County EMS.)
J. Financial data including assets and liabilities of the operator. A schedule of all debts
encumbering any equipment shall be included.
Section 6: Review of Application
The Administrator shall review each application and shall investigate the applicant's
reputation, competence, financial responsibility, and any other relevant factors. The
Administrator shall also make an investigation as to the public necessity for an ambulance or
ALS operation in the territory requested, and shall then make a report to the Board containing his
recommendation whether to grant a certificate to the applicant within sixty (60) days of the time
the Administrator determines the application is complete.
Section 7: Requirement For Board Approval In Granting Certificate
The Board of County Commissioners shall not grant a certificate unless it shall find, after
public hearing and based on competent evidence that each of the following standards has been
satisfied:
A. That there is a public necessity for the service. In making such determination, the Board
of County Commission shall consider, as a minimum, the following factors:
(1) The extent to which the proposed service is needed to improve the overall
Emergency Medical Services (EMS) capabilities of the County. 11—\
(2) The effect of the proposed service on existing services with respect to quality of
service and cost of service.
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A*—\ (3) The effect of the proposed service on the overall cost of EMS service in the
County.
(4) The effect of the proposed service on existing hospitals and other health care
facilities.
(5) The effect of the proposed service on personnel of existing services and the
availability of sufficient qualified personnel in the local area to adequately staff
all existing services.
B. That the applicant has sufficient knowledge and experience to properly operate the
proposed service.
C. That, if applicable, there is an adequate revenue base for the proposed service.
D. That the proposed service will have sufficient personnel and equipment to adequately
cover the proposed service area.
Section 8: Appointment of Hearing Officer
In making the determinations provided for in Section 7 above, the Board may, in its sole
discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings and
conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing
Officer shall render a written report to the Board within 30 days of the hearing, which report
shall contain the officer's findings and conclusions of fact, and a recommended order. The
findings and conclusions of fact shall be binding upon the Board, but the recommended order
shall be advisory only.
Section 9: Rights and Duties Granted By Certificate
The certificate granted by the Board shall be valid for one calendar year and shall be
personal to the applicant and not transferable. In the case of a corporation, if there occurs such a
transfer of stock or other incidents of ownership as to change the majority or largest stockholder,
a new certificate must be applied for. Changes in the officers of the corporation will not require
a new certificate.
Acceptance of the certificate by the applicant shall obligate the applicant to:
A. Service the entire zone granted to the applicant.
B. Provide coverage to adjoining zones, when requested to do so by Emergency Control for
emergency calls when the certificate holder for that zone is unable to respond.
C. Keep posted at his place of business a copy of the fee schedule, which must be filed with
the Administrator (If applicable).
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10/11/2011 Item 17.E.
D. Operate in accordance with the rules and regulations adopted pursuant to this Ordinance
and any applicable County Ordinances, and Chapter 401 Florida Statutes, and any
administrative regulations adopted pursuant thereto.
E. Employ at all times sufficient personnel experienced in operation and management of
emergency medical services to ensure proper and efficient operation.
Section 10: Renewal of Certificate
Each certificate holder shall file within ninety (90) days of expiration, an application for
renewal of his certificate. Renewals shall be based upon the same standards, as the granting of
the original certificate along with such other factors as may be relevant. The renewal application
shall be accompanied by a two hundred and fifty dollar ($250.00) renewal fee.
The renewal certificate may be approved routinely by the Board, upon advice of the
Administrator, or the Board may hold a hearing on same.
Section 11: Emergency Provisions
The Board may modify, suspend or revoke a certificate in the interest of the public
health, safety and welfare, only at public hearing and after reasonable notice has been given to �\
the certificate holder affected. However, if a situation exists which poses a serious threat that
ambulance or rescue service will not be available to any certain area of Collier County, the
Administrator shall have such temporary emergency powers as are necessary to provide that
service. These temporary powers are intended to provide interim protection until such time as
the Board meets to resolve the emergency.
Section 12: Classifications of Certificates
There shall be two (2) classifications of service in Collier County, as follows:
A. Class 1: Collier County EMS:
ALS Rescue: An EMS provider with the capability of rendering on the scene
prehospital ALS services and who may or may not elect to transport patients. An
EMS provider rendering this level of service for a governmental entity shall be.
deemed to be operating under the Class 1 - ALS rescue certificate of public
convenience and necessity held by the governmental entity. An EMS provider
holding a Class 1 — ALS rescue certificate may provide post - hospital interfacility
medical transfer services and routine ALS and BLS calls within the County. A
Certificate Of Public Convenience and Necessity must be obtained from the
County before engaging in this level of medical service.
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10/11/2011 Item 17.E.
B. Class 2: Collier County Hospitals:
1. ALS Transfer: An EMS provider who renders ALS interfacility medical
transfer services. An EMS provider who is awarded a Class 2 - ALS transfer
certificate and does not possess a Class I -- ALS rescue certificate shall not
respond to an emergency call and provide ALS rescue services unless called upon
by the appropriate Class I - ALS rescue provider to provide emergency backup
service. in these instances, it shall be deemed to be operating under the Class J -
ALS rescue certificate of the governmental entity requesting such emergency
backup service.
2. Class 2 - ALS transfer certificate holders may provide post - hospital
interfacility medical transfer services and routine ALS and BLS calls within the
County but only to hospitals owned by the certificate holder, however, the Class 2
certificate holder may provide out -of- County transports. Unless an EMS provider
possesses a Class 1 - ALS Rescue certificate issued by the County, a Certificate
Of Public Convenience and Necessity must be obtained from the County before
engaging in this level of medical service.
3. Class -2 transfer certificate holders shall contract with the Class -- 1 rescue
certificate holder's Medical Director for the performance of services set forth in
Florida Statutes, Section 401.265 and as specifically set forth herein as follows:
a. He shall supervise and accept direct responsibility for the medical
performance of the paramedics and Emergency Medical Technicians (hereinafter
EMTs).
b. He shall develop medically correct standing orders or protocols
relating to life support system procedures when communication cannot be
established with a supervising physician or when any delay in patient care would
potentially threaten the life or health of the patient.
C. He shall issue standing orders and protocols to ensure that the
Class -2 transfer certificate holder transports each of its patients to facilities that
offer a type and level of care appropriate to the patient's medical condition.
d. He or his appointee shall provide continuous 24- hour - per -day,
7- day - per -week medical direction which shall include, in addition to the
development of protocols and standing orders, direction to the Class -2 transfer
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10/11/2011 Item 17. E.
certificate holder's personnel as to the availability of "off -line" service to resolve
problems, system conflicts, and provide services in an emergency as that term is
defined by section 252.34(3), Florida Statutes.
C. He shall establish a quality assurance committee to provide for
quality assurance review of all EMTs and paramedics operating under his
supervision.
f. He shall audit the performance of system personnel by use of a
quality assurance program that includes but is not limited to a prompt review of
patient care records, direct observation, and comparison of performance standards
for drugs, equipment, system protocols and procedures. He shall be responsible
for participating in quality assurance programs developed by the Class -2 transfer
certificate holder.
g. He shall ensure and certify that security procedures of the Class -2
transfer certificate holder for medications, fluids and controlled substances are in
compliance with chapters 401, 499 and 893, Florida Statutes, and chapter IOD -45
of the Florida Administrative Code.
b. He shall create, authorize and ensure adherence to, detailed written
operating procedures regarding all aspects of the handling of medications, fluids
and controlled substances by the EMS personnel and comply with all requirements
of chapters 401, 499 and 893, Florida Statutes.
i. He shall notify the Florida Department of Health, (hereinafter the
"Department") in writing when the use of telemetry is not necessary.
j. He shall notify the department in writing of each substitution of
equipment or medication.
k. He shall assume direct responsibility for the use by an EMT of an
automatic or semi - automatic defibrillator; the performance of esophageal intubation
by an EMT; and on routine interfacility transports, the monitoring and maintenance
of non - medicated I.V.s by an EMT. He shall ensure that the EMT is trained to
perform these procedures; shall establish written protocols for the performance of
these procedures; and shall provide written evidence to the Florida Department of n
Health documenting compliance with the provisions of this paragraph.
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10/11/2011 Item 17.E.
1. He shall ensure that all EMTs and paramedics are trained in the use
of the trauma scorecard methodologies as provided in sections 64E -2.017 of the
F.A.C., for adult trauma patients and 64E- 2.0175, F.A.C., for pediatric trauma
patients.
m. He shall participate as a crewmember on an EMS vehicle for a
minimum of 10 hours per year and complete a minimum of 10 hours per year of
continuing medical education related to pre - hospital care or teaching or a
combination of both.
n. He shall ensure that all of the Class -2 transfer certificate holder's
EMTs and paramedics have all proper certifications and receive all training
necessary to maintain their certification.
Section 13: Transfer Or Assignment of Certificates
No certificate issued under this Ordinance shall be assignable or transferable by the
person to whom issued except unless approval is obtained from the Board in the same manner
and subject to the same application, investigation, fees and public hearing as original
applications for certificates. Any majority transfer of shares or stock or interest of any person or
operator so as to cause a change in the directors, officers, majority stockholders or managers of
such person or operator shall be deemed a transfer or assignment as contemplated in this
Ordinance and subject to the same rules and regulations as any other transfer or assignment.
Section 14: Revocation, Alteration Or Suspension Grounds
A. Every certificate issued under this Ordinance shall be subject to revocation, alteration
and /or suspension of operation, by the Board, for a period of up to one year, where it
shall appear that:
1. The operator has failed or neglected for a period of thirty (30) days during any
calendar year to render all services authorized by his certificate.
2. The operator has been convicted of a felony or any criminal offense involving
moral turpitude.
3. The certificate was obtained by an application in which any material fact was
omitted or falsely stated.
4. The operator has knowingly permitted any of its motor vehicles to be operated in
violation the laws which result in conviction of the driver or operator of a
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10/11/2011 Item 17. E.
misdemeanor in the second degree or greater, or has knowingly permitted a driver
with more than two previous convictions to operate emergency vehicles.
5. The operator has failed to comply with any of the provisions or this Ordinance.
6. The public interest will best be served by revocation, alteration, or suspension of
any certificate upon good cause shown.
7. The operator or his agent has demanded money or compensation other that that
established and prescribed under this ordinance. (If applicable).
8. The operator has without sufficient justification failed or refused to Furnish
emergency care and/or transportation promptly for a sick or injured person.
9. The operator or his agent has been found guilty of malpractice or willful and
wanton misconduct in the operation of its service.
B. All complaints shall be investigated and a report thereon made to the Board, together
with findings and recommendations, within fifteen (15) days. If revocation, suspension
or alteration of any certificate appears warranted, the Board shall give notice to the
operator holding the certificate that the same will be considered at a specific commission
meeting, provided the date of such meeting shall not be less than five (5) days from the
date of the notice. The Board shall thereupon consider the complaint and either revoke,
suspend or alter the certificate or dismiss the complaint.
Section 15: General Operating Regulations
All certificate holders, operators, and drivers shall comply with all state statutes and
administrative regulations as following regulations:
A. Twenty -four Hour Service. Every certificate holder shall be required to operate
sufficient ambulances, as stated on the certificate of operation and determined by the
Board, on immediate call at all times.
B. Prompt Service Required. Every call for ambulance service shall be answered promptly.
Patients shall be loaded and transported without being subject to unreasonable delays.
All calls for emergency assistance requiring over twenty (20) minutes from time of
notification to arrival on scene shall be reported to the Administrator with complete
documentation of the circumstances, which delayed the response. Those instances where
more that three (3) minutes elapse between receipt of an emergency call and dispatch of
an ambulance shall also be reported to the Administrator with documentation of
circumstances.
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10/11/2011 Item 17.E.
C. Bed Linens. Clean and sanitary bed linens shall be provided for each patient carried and
shall be changed as soon as practicable after the discharge of the patient.
D. Daily Log. Every operator shall maintain in a daily log upon which shall be recorded the
place or origin, time of call, time of dispatch, time of arrival at scene, time left for
hospital, time of arrival at hospital, and charges for each trip made and such other
operating and patient information as may be required by Ordinance. Every operator shall
retain and preserve all daily logs for at least two (2) years, and such logs shall be
available for inspection by the Administrator.
E. Communications. Each ambulance shall maintain two -way radio communication with the
location of primary dispatch from which it operates, as well as any additional
communication capabilities required by Ordinance or state law.
F. Vehicles and Equipment. Each vehicle shall be equipped with the proper medical and
emergency equipment as required by the laws of the State of Florida and shall be
subjected to inspection from time to time to insure compliance with the laws of Florida
and this Ordinance.
G. Certification. In addition to the State of Florida Department of Health, Bureau of
Emergency Medical Services requirements for certification, each paramedic must be
certified by the County Medical Director. Each paramedic must work with a Collier
County EMS ambulance for a sufficient length of time for the ambulance service medical
director to properly judge his capability. At minimum, the paramedic must work in that
capacity not less than one full month's work shift annually. Salaries of other than Collier
County EMS paramedics will be paid by the agency seeking the Medical Director
Certification.
H. Application. Each ambulance or ALS service shall be subject to those rules and
regulation as promulgated by Ordinances of the Board for the purpose of carrying out
this ordinance.
Section 16: Central Place of Business
Each operator shall maintain a central place of business which shall be entirely within his
designated operating zone, at which place he shall provide two -way radio communication with
his vehicles, the County Emergency Control Communications Center, and his place of business,
a properly listed telephone for receiving all calls for service and at which central place of
business he shall keep such business records and daily logs available for inspection or audit by
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10/11/2011 Item 17.E.
the Administrator. Every operator shall keep on file with the Administrator and the County r�
Emergency Control Communications Center a business address and telephone number at which
the operator may be reached at all times. This information will be maintained at the Emergency
Control Center.
Section 17: Records To Be Kept
Evcry operator shall keep accurate records of receipts from operations, operating and
other expenses, capital expenditure and such other operating and patient information as may be
required by the Board.
Section 18: Rates
Every operator shall file with the Board a schedule of the rates. Such rates shall be tiled as
a part of each new or renewal application, and a rate schedule shall also be filed when
changes in rates are proposed. All such rates shall be subject to review and approval by the
Board.
Section 19: Operator's Insurance
Every ambulance operator shall carry bodily injury and property damage insurance with
solvent and responsible insurers authorized to transact business in the State of Florida to secure
payment for any loss or damage resulting from any occurrence arising out of or caused by the
operation or use of any of the operator's motor vehicles. Each vehicle shall be insured for the
sum of at least one hundred thousand dollars ($100,000.00) for injuries to or death of any one
person arising out of any one accident and the sum of at least three hundred thousand dollars
($300,000.00) for injuries to or death or more than one person in any one accident and for the
sum of at least fifty thousand dollars ($50,000.00) for damage to property arising from any one
accident. They shall also have malpractice insurance. Every insurance policy or contract for
such insurance shall provide for the payment and satisfaction of any financial judgment entered
against the operator and present insured or any person driving the insured vehicle. Such
insurance shall be obtained and certificates or certified copies of such policies shall be filed with
the Board. All such insurance policies, certificates thereof or certified copies of such insurance
policies shall provide for a thirty (30) day cancellation notice to the Board.
Section 20: Conduct of Drivers And Attendants
All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in
order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic
registered hereunder shall:
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are deleted. 11
10/11/2011 Item 17.E.
�. A. Fail or refuse to promptly transport, if applicable, or attend any sick or injured person
after responding to a call.
B. Demand or receivc compensation other that that established and approved in
accordance with this ordinance or fail to give a receipt for moneys received. (If
applicable).
C. Give or allow rebate, commission, discount or any reduced rate not provided in the
established rate. (If applicable.)
D. At any time induce or seek to induce any person engaging an ambulance or ALS service
to patronize or retain the services of any hospital, convalescent home, mortuary,
cemetery, attorney, accident investigator, nurse, medical doctor or other service
occupation or profession.
E. At any time release his patient from his care until he is assured that some responsible
person is available to receive such patient.
F. At any time use a siren or flashing red light unless on an emergency call.
G. Disobey the lawful orders of the law enforcement officer at the scene of an accident, or
other similar such emergency or at a fire scene, the fire officer in charge.
H. Smoke while within the confines of an ambulance.
1. Operate or ride in an ambulance without using seatbelts. (Personnel attending patients
are exempt).
Section 21: Passengers
No person shall be aboard ambulances when engaged in emergency or routine medical calls
except the following:
A. Driver, attendants and fire or law enforcement personnel;
B. Patients;
C. Not more that one relative or close friend of the patient, or if the situation warrants, the
paramedic in charge may authorize more than one passenger.
D. Physicians and nurses;
E. Personnel in an observing capacity that are being trained for ambulance or ALS service.
F. Operator's supervisory personnel.
Section 22: Obedience to Traffic Laws, Ordinances or Regulations.
A. The driver of an ambulance or ALS vehicle when responding to an emergency call or while
transporting a patient may exercise the following privileges when such driver has
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10/11/2011 Item 17.E.
reasonable grounds to believe that an emergency in fact exists requiring the exercise of
such privileges:
1, Park or stand, irrespective of the otherwise applicable provisions of law, ordinance
or regulations.
2. Proceed past a red light or stop signal or stop sign, but only after slowing down as
may be necessary for safe operations.
3. Exceed the maximum speed limits permitted by law so long as he does not
endanger life or property.
4. Disregard laws, ordinances or regulations governing direction or movement or
turning in specified directions so long as he does not endanger life or property.
B. The exemptions herein granted shall apply only when such vehicle is making use of
audible and/or visible signals meeting the requirements of this Ordinance.
C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive
with due regard for the safety of all persons, nor shall such provisions protect the driver
from the consequences of his reckless disregard for the safety of others.
Section 23: Violations �1
In addition to the remedies provided herein, a violation of any provision of this ordinance
shall be punishable as provided by law for the violation of County ordinances.
Section 24: Uniformity of Application
The Ordinance shall constitute a uniform law applicable in all of Collier County.
Section 25: Authority To Enforce
It is hereby declared to be the duty of the Board of County Commissioners of Collier
County, its officers, agents, employees and other governmental agencies, the sheriff s
department of Collier County, its deputies and agents, fire departments, as well as the police
departments of the various municipalities falling under the provisions of this Ordinance to
strictly enforce the provisions of this Ordinance.
Section 26: Repeal and Codification
Ordinance 75 -50 is hereby repealed. This Ordinance shall be codified in the Collier
County Code as Chapter 4 of said Code, and said Code is hereby amended accordingly.
Section 27: Conflict and Severability
In the event this Ordinance should ever conflict with any other ordinance of Collier
County, or applicable ordinance of any municipality, or other applicable law, rule or regulation,
Words underlin Packet Page -1441- ak -dweu& are deleted. 13
10/11/2011 Item 17.E.
the more restrictive shall apply. If any section, sub - section, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of competent
deemed a separate, distinct and independent provision and such
jurisdiction, such portion shall be
holding shall not affect the validity of the remainder of the Ordinance.
Section 28: Effective Date
This Ordinance shall become effective upon receipt of notice that it has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this l 3 day of e
2005.
ATTEST:
DWIGHT E. BROCK, Clerk
Attest as to chain n't,
signatrre ou►1,Z:�`� ...........
o�
Anwol s t '14 Ie�,AI•.
Scott
Assistant County 1 0 e
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
W.
By: 'li
Fred W. Coyle, Chairman
This ordinance filed with ti-E
of ,5�tot�e s Office thL
day of em
and acicnowledg eK1e ^t Of tf ct
f received tV -is day
iN
Gf CWV-
Words underl' added and words stnuek- tbreegl�
are deleted. 14
Packet Page -1442-
10/11/2011 Item 17.E.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005 -16
Which was adopted by the Board of County Commissioners
on the 23nd day of March 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
n
County Commissioners of Collier County, Florida, this 28th
day of March, 2005.
DWIGHT E. BROCK,,. r..'
Clerk g�'
Clerk. of Court-sNc
Ex- officio to 4n hod` r
County Commis: i' s`:
r • i� v-•.
y� .,
B Linda A. Hou,:'
Deputy Clerk
Dep
Packet Page -1443-
10/11/2011 Item 17.E.
20D • Friday, September 30, 2011 * Naples Daffy News
IRDINAMfF- OFTITIONS M IeRe1NnNCr nr.Tifle
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday; October 11, 2011 in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East Tami-
ami Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF .COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE 04-12, AS AMENDED, BY AMENDING,
SECTION TWO, DEFINITIONS; SECTION FOUR, EXEMPTIONS AND EXCLUSIONS FROM
CERTIFICATE REQUIREMENT, SECTION FIVE, PROCEDURE FOR OBTAINING
CERTIFICATE; SECTION SEVEN, REQUIREMENT'FOR BOARD: APPROVAL IN GRANTING
CERTIFICATE; SECTION NINE, RIGHTS AND DUTIES GRANTED BY. CERTIFICATE;
SECTION ELEVEN, EMERGENCY PROVISIONS; SECTION TWELVE, CLASSIFICATIONS
OF CERTIFICATES; SECTION FIFTEEN, GENERAL OPERATING REGULATIONS; SECTION
TWENTY, CONDUCT OF DRIVERS AND ATTENDANTS; SECTION . TWENTY -ONE;
PASSENGERS; SECTION TWENTY -TWO, OBEDIENCE TO TRAFFIC LAWS, ORDINANCES
AND REGULATIONS; PROVIDING FOR CONFLICT AND.. SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file. with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
N OT All persons wishing to speak on, any agenda item .must register ;with. the
County administrator prior to ,preserrtation of the agenda: 'item to be addressed.
Individual speakers will be limited to 3 minutes on any it e m The selection -of °an in
dividual to speak on behalf of; an organization or group.)s: encouraged. If,r_cog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on.an item.
��. Persons wishing to have written or. graphic materials induded in the Board agenda
packets must submit said material a minimum of 3 weeks . prior to the'resppecCive
public hearing. In any case, written materials . intended to be considered':byr ;the
Board shall be submitted to the appropriate' staff a minimum of seven ":days
prior to the public hearing. All material used in presentations before the `Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board wAl need a record of the
proceedings pertaining thereto and therefore, may need to.,ensure that a,verbatim
record of the proceedings is made, which record includes the testimony and evi
dente upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at, no cost •to you to the provision of
certain assistance. Please contact the Collier County Facilities Management. Depart-
ment, located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356,
(239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for
the hearing impaired are available, in the Board of County Commissioners' Office.. ,
BOARD OF.000NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
Byy: Martha Vergara, Deputy Clerk
(SEAV
Seotemher 30. 2011 No_ 1916748
Packet Page -1444-