Agenda 10/22/2019 Item #16E2 (Advertising Amendment to Ordinance 2004-12)10/22/2019
EXECUTIVE SUMMARY
Recommendation to advertise an ordinance amending Ordinance No. 2004-12, as amended, by
adding to the classifications of Certificates of Public Convenience and Necessity (COPCN) a Basic
Life Support (BLS) provision within the Class 2 Inter-facility transport services section.
OBJECTIVE: To proceed in the best interest of the public health, safety and welfare by amending
Ordinance No. 2004-12, as amended by adding a Basic Life Support (BLS) level of inter-facility transfer
services both within and outside of Collier County by an EMS operator.
CONSIDERATIONS: On April 10, 2019, the Emergency Medical Authority (EMA) received from Care
Med Transportation Services a request for a Certificate of Public Convenience and Necessity for a BLS,
COPCN for inter-facility transports primarily providing services for hospice patients. Collier County
does not have a BLS classification within its Class 2 Certificate and Ordinance. The EMA is
recommending the Board of County Commissioners amend Ordinance No. 2004-12, as amended, to add a
BLS level of service within the Class 2 category of EMS operator services.
BLS is defined in the ordinance as follows:
Basic Life Support (BLS) means the assessment and treatment by a person qualified
under Florida Statute and Florida Administrative Code in the use of techniques
described in the EMT-Basic National Standard Curriculum or the National EMS
Education Standards of the United States Department of Transportation and
approved by the Florida Department of Heal th.
If Board directed, the ordinance amendment will be advertised and brought back to the next available
Board meeting for adoption.
If the ordinance amendment is adopted the Bureau of Emergency Services, with the prior approval of the
Emergency Medical Authority, will bring forth a separate item to consider granting a Class 2 BLS
certificate to Care Med Transportation Services.
ADVISORY BOARD RECOMMENDATION: On October 9, 2019, the Emergency Medical Authority
unanimously voted to recommend that the ordinance amendment be adopted.
FISCAL IMPACT: There is no fiscal impact to the Board to make this amendment.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from
this action.
LEGAL CONSIDERATIONS: Section 401.25 (6), Florida Statutes allows the governing body of each
county to adopt ordinances that provide reasonable standards for certificates of public convenience and
necessity for basic or advanced life support services and air ambulance services. This item is approved
for form and legality and requires a majority vote. -JAB
RECOMMENDATION: To authorize staff to advertise an ordinance amending Ordinance 2000-14, as
amended.
Prepared by: Dan Summers, Director, Bureau of Emergency Services
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ATTACHMENT(S)
1. Stamped Ordinance.pdf Revised 10 9 19 (PDF)
2. Chapter_50___EMERGENCY_SERVICES (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2
Doc ID: 10423
Item Summary: Recommendation to advertise an ordinance amending Ordinance No. 2004-12, as
amended, by adding to the classifications of Certificates of Public Convenience and Necessity (COPCN)
a Basic Life Support (BLS) provision within the Class 2 Inter-facility transport services section.
Meeting Date: 10/22/2019
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
10/07/2019 9:05 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
10/07/2019 9:05 AM
Approved By:
Review:
Emergency Management Daniel Summers Additional Reviewer Completed 10/07/2019 9:16 AM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 10/07/2019 2:40 PM
Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 10/08/2019 7:17 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/10/2019 8:23 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 10/10/2019 5:02 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/10/2019 5:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2019 10:11 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/11/2019 2:30 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/12/2019 11:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM
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Chapter 50 - EMERGENCY SERVICES[1]
Footnotes:
--- (1) ---
Cross reference— Civil emergencies, ch. 38; fire prevention and protection, ch. 58; emergency medical
services system impact fee, § 74-266 et seq.; law enforcement, ch. 78; special districts providing for
rescue services, ch. 122.
ARTICLE I. - IN GENERAL
Secs. 50-1—50-25. - Reserved.
ARTICLE II. - RESERVED[2]
Footnotes:
--- (2) ---
Editor's note— Ord. No. 2009-01, § 6, adopted Jan. 13, 2009, repealed art. II §§ 50-26—50-28, which
pertained to the Collier County Emergency Medical Services Advisory Council and derived from Ord. No.
80-80, §§ 1—3; Ord. No. 81-1, § 1; Ord. No. 00-70, § 1; Ord. No. 02-39, § 1; Ord. No. 2006-55, § 1; and
Ord. No. 08-35, § 1.
Secs. 50-26—50-50. - Reserved.
ARTICLE III. - MEDICAL TRANSPORTATION SERVICES[3]
Footnotes:
--- (3) ---
Editor's note— Ord. No. 04-12, § 26, adopted Feb. 24, 2004, repealed divs. 1 and 2 of art. III, §§ 50-
51—50-68, 50-76—50-86, in their entirety. Sections 1—25 of said ordinance enacted similar provisions to
read as herein set out.
Cross reference— Businesses, ch. 22; health and sanitation, ch. 66.
State Law reference— Medical transportation services, F.S. § 401.2101 et seq.
Sec. 50-51. - Purpose.
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This article is adopted pursuant to F.S. chs. 125 and 401. The purpose of this article 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.
(Ord. No. 04-12, § 1)
Sec. 50-52. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Administrator shall mean the County Manager or his designee.
Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable Florida
Statutes and Florida Administrative Code, and the Collier County Medical Director's protocol.
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.
Board shall mean the Collier County Board of County Commissioners.
Certificate means a certificate of public convenience and necessity as authorized in F.S. §
401.25(2)(d).
Emergency Call shall mean the transit of an ambulance under conditions which warrants tr avel with
flashing lights and siren operating.
Operator shall mean any person, organization or governmental entity providing ambulance or ALS
services.
Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise incapacitated or
helpless.
Rescue Service (Non-ALS) shall mean first response treatment of patients but does not include
Advanced Life Support (ALS) or transport.
Routine Call or Routine Transfer shall mean the transportation of a patient under non-emergency call
conditions.
(Ord. No. 04-12, § 2; Ord. No. 2011-36, § 1)
Sec. 50-53. - 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 sup port without first obtaining a certificate
therefore from the Board of County Commissioners of Collier County.
(Ord. No. 04-12, § 3)
Sec. 50-54. - Exemptions and exclusions from certificate requirement.
Certificates shall not be required for:
(1) Rescue Services (Non-ALS).
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(2) The use of a non-ambulance for any transport of a patient pursuant to the Good Samaritan Act,
F.S. § 768.13.
(3) 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 than are available in the county.
(4) 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.
(5) Vehicles used to transport persons for routine scheduled medical treatments. Vehicles
transporting persons who require services en route are not covered by this exemption.
(Ord. No. 04-12, § 4; Ord. No. 05-16, § 4; Ord. No. 2011-36, § 2)
Sec. 50-55. - Procedure for obtaining certificate.
An applicant for a certificate shall provide the Administrator with the following information in order for
a request for a certificate to be considered. Each request shall contain:
(1) The name, age, and address of the owner of the ambulance or ALS Operator, or if the owner is
a corporation, then of the directors of the corporation and of all the stockholders holding more
than 25% of the outstanding shares. For governmental units, this information shall be supplied
for members of the governing body.
(2) The boundaries of the territory desired to be served.
(3) The number and brief description of the ambulances or other vehicles the applicant will have
available.
(4) The address of the intended headquarters and any substations.
(5) The training and experience of the applicant.
(6) The names and addresses of three Collier County residents who will act as references for the
applicant.
(7) A schedule of rates which the service intends to charge.
(8) Such other pertinent information as the administrator may require.
(9) An application or renewal fee of $250.00. (Exception Collier County EMS).
(10) Financial data including assets and liabilities of the operator. A schedule of all debts
encumbering any equipment shall be included.
(Ord. No. 04-12, § 5; Ord. No. 2011-36, § 3)
Sec. 50-56. - 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 adm inistrator 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 60 days of the time the administrator determines the application is complete.
(Ord. No. 04-12, § 6)
Sec. 50-57. - Requirement for board approval in granting certificate.
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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:
(1) That there is a public necessity for the service. In making such determination, the Board of
County Commissioners shall consider, as a minimum, the following factors:
a. The extent to which the proposed service is needed to improve the overall emergency
medical services (EMS) capabilities of the County.
b. The effect of the proposed service on existing services with respect to quality of service
and cost of service.
c. The effect of the proposed service on the overall cost of EMS service in the county.
d. The effect of the proposed service on existing hospitals and other health care facilities.
e. 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.
(2) That the applicant has sufficient knowledge and experience to properly operate the proposed
service.
(3) That, if applicable, there is an adequate revenue base for the proposed service.
(4) That the proposed service will have sufficient personnel and equipment to adequately cover the
proposed service area.
(Ord. No. 04-12, § 7; Ord. No. 2011-36, § 4)
Sec. 50-58. - Appointment of hearing officer.
In making the determinations provided for in section 50-57 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.
(Ord. No. 04-12, § 8)
Sec. 50-59. - Rights and duties granted by certificate.
(a) 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 certific ate must
be applied for. Changes in the officers of the corporation will not require a new certificate.
(b) Acceptance of the certificate by the applicant shall obligate the applicant to:
(1) Service the entire zone granted to the applicant.
(2) Provide coverage to adjoining zones, if available, when requested to do so by emergency
dispatch for emergency calls when the certificate holder for that zone is unable to respond.
(3) Keep posted at his place of business a copy of the fee schedule, which must b e filed with the
Administrator (if applicable).
(4) Operate in accordance with the rules and regulations adopted pursuant to this Ordinance and
any applicable County Ordinances, and F.S. ch. 401, and any administrative regulations
adopted pursuant thereto.
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(5) Employ at all times sufficient personnel experienced in operation and management of
emergency medical services to ensure proper and efficient operation.
(Ord. No. 04-12, § 9; Ord. No. 2011-36, § 5)
Sec. 50-60. - Renewal of certificate.
Each certificate holder shall file within 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
$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.
(Ord. No. 04-12, § 10)
Sec. 50-61. - 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 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 int erim protection
until such time as the Board meets to resolve the emergency.
(Ord. No. 04-12, § 11; Ord. No. 2011-36, § 6)
Sec. 50-62. - Classifications of certificates.
There shall be three (3) classifications of service in Collier County, as follows:
(1) Class 1: ALS Transport: ALS Rescue: An EMS 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 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
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 engagin g in this
level of medical service.
(2) Class 2: Collier County Inter-Facility Transport Services: ALS Transfer: An EMS Operator who
provides post-hospital inter-facility medical transfer services, both within and outside the
County. If requested by the appropriate Class 1 - ALS Rescue Operator, will provide emergency
pre-hospital backup service. ALS transfer certificate holders may provide post-hospital medical
transfer services for routine and emergency ALS and BLS patients. Class -2 transfer certificate
holders must either provide for their own medical director or contract with the County Medical
Director, and will operate under protocols approved by the County Medical Director. If the
Operator provides for its own medical director, that medical director shall work cooperatively
with the County's Office of the Medical Director to ensure continuity of care. Class 2 Operators
shall comply with all guidelines and policies approved by the Board of County Commissioners,
and shall notify and work with all hospitals and facilities to educate them as to the services
Operator provides. The County reserves the right to review and evaluate all calls made by the
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Operator to ensure that the appropriate level of personnel, supplies, equipment and vehicles are
being utilized, as set forth in Florida Statute and Florida Administrative Code.
(3) Class 3: ALS Non-Transport:
a. ALS Non-Transport: An EMS Operator who renders Advanced Life Support pre -hospital
services without transport capability.
b. 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 necessity
must be obtained from the County before engaging in this level of medical service.
c. Class-3 certificate holders shall contract with the County for a negotiated amount per year
for administrative services offered by the Office of the Medical Director for the creation and
update of medical protocol; and other general 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 County's
Medical Director to serve as its medical director for the performance of services set forth in
F.S. § 401.265, and Chapter 64J-2.004(4)(a), Florida Administrative Code.
d. 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 delegate or relinquish any responsibilities
identified in F.S. § 401.265, and associated Florida Administrative Code rules.
(Ord. No. 04-12, § 12; Ord. No. 2011-36, § 7; Ord. No. 2012-04, § 1)
Sec. 50-63. - Transfer or assignment of certificates.
No certificate issued under this article 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 opera tor 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 article and subject to the same rules and regulations as any other
transfer or assignment.
(Ord. No. 04-12, § 13)
Sec. 50-64. - Revocation, alteration or suspension grounds.
(a) Every certificate issued under this article shall be subject to revocation, alteration and/or suspension
of operation, buy [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 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 mat erial 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
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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 article.
(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 established and
prescribed under this article (if applicable).
(8) The operator has without sufficient justification faile d 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 15 days. If revocation, suspension or alteration of any certificate
appears warranted, the board shall give notice to the operator holding the ce rtificate that the same
will be considered at a specific commission meeting, provided the date of such meeting shall not be
less than five 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.
(Ord. No. 04-12, § 14)
Sec. 50-65. - General operating regulations.
All certificate holders, operators, and drivers shall comply with all state statutes and administrative
regulations as following regulations:
(1) Twenty-four Hour Service. Every certificate holder shall be required to operate sufficient
ambulances, or relevant apparatus, as stated on the vehicle permit issued by the State
Department of Health, Bureau of Emergency Medical Services and permit is sued by the Board,
on immediate call at all times.
(2) Prompt Service Required. Every call for 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 shall also be reported to the
Administrator with documentation of circumstances.
(3) Bed Linens. Every Operator transporting patients shall provide clean and sanitary bed linens for
each patient carried which shall be changed as soon as practicable after the discharge of the
patient.
(4) Daily Log. Every Operator transporting 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 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.
(5) Communications. Each 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.
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(6) Vehicles and Equipment. Each Operator's vehicles shall be equipped with the proper medical
and emergency equipment as jointly agreed to by the medical director of each licensed provider
and the laws of the State of Florida.
(7) Certification.
a. 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 direc tor
for the performance of services set forth in F.S. § 401.265, and Chapter 64J -2.004(4)(a),
Florida Administrative Code, must be certified by the County Medical Director. Each Collier
County EMS paramedic and Class-2 Operator paramedic, that contracts with the County
for Medical Director services, must work with a Collier County EMS ambulance for a
sufficient length of time pursuant to subsection (8) for the County's Medical Director to
properly judge the paramedic's capability. Salaries of other than Col lier County EMS
paramedics will be paid by the agency seeking the Medical Director Certification.
b. All Operators, shall certify its paramedics pursuant to F.S. § 401.265, and Chapter 64J -
2.004(4)(a), Florida Administrative Code.
c. Class-2 and Class-3 Operators that have 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 F.S. § 401.265, and Chapter 64J -2.004(4)(a), Florida
Administrative Code, shall be certified pursuant to the terms of such contract.
(8) Ride Time Requirement. Each paramedic employed by a Collier County EMS, a Class -1
Operator or Operator that has entered into a contract with the County for Medical Director
services 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 of services set forth in F.S. § 401.265, and
Chapter 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 requires that additional level of expertise, as provided for in its
contract with the County.
(9) Application. Each ambulance or ALS service shall be subject to those rules and regulation as
promulgated by Ordinances of the Board for the purp ose of carrying out this ordinance.
(Ord. No. 04-12, § 15; Ord. No. 2011-36, § 8; Ord. No. 2012-04, § 2)
Sec. 50-66. - Place of business.
Within 90 days of Certificate issuance, each Operator shall maintain a place of business which shall
be entirely within his designated operating zone, at which place he shall provide communication with his
vehicles, the Collier County Emergency Medical Services Department, and his place of business, a
properly listed telephone for receiving all calls for service and at which place of business he shall keep
such business records, training records, vehicles, and daily logs available for inspection or audit by the
Administrator. Every Operator shall keep on file with the Administrator and the County Emergency
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Medical Services Department a business address and telephone number at which the Operator may be
reached at all times. This information will be maintained at the Emergency Medical Services Department.
(Ord. No. 04-12, § 16, Ord. No. 2012-04, § 3)
Sec. 50-67. - 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.
(Ord. No. 04-12, § 17)
Sec. 50-68. - 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.
(Ord. No. 04-12, § 18)
Sec. 50-69. - 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 $100,000.00 for injuries to
or death of any one person arising out of any one accident and the sum of at least $300,000.00 for
injuries to or death or more than one person in any one accident and for the sum of at least $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 30-day cancellation notice to the board.
(Ord. No. 04-12, § 19)
Sec. 50-70. - 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:
(1) Fail or refuse to promptly transport, if applicable, or attend any sick or injured person after
responding to a call.
(2) Demand or receive compensation other that established and approved in accordance with this
article or fail to give a receipt for moneys received (if applicable).
(3) Give or allow rebate, commission, discount or any reduced rate not provided in the established
rate (if applicable.)
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(4) 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.
(5) At any time release his patient from his care until he is assured that some responsible person is
available to receive such patient.
(6) At any time use a siren or flashing red light unless on an emergency call.
(7) 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.
(8) Smoke while within the confines of an ambulance.
(9) Operate or ride in a vehicle without using seatbelts. (Personnel attending patients are exempt.)
(Ord. No. 04-12, § 20; Ord. No. 2011-36, § 9)
Sec. 50-71. - Passengers.
No person shall be aboard ambulances when engaged in emergency or routine calls except the
following:
(1) Driver, attendants and fire or law enforcement p ersonnel;
(2) Patients;
(3) Relatives or close friends of the patient when authorized by an EMS Battalion Chief or position
of a higher rank. These requests will only be granted under exceptional circumstances;
(4) Physicians and nurses;
(5) Personnel in an observing capacity that are being trained for ambulance or ALS service; or
(6) Operator's supervisory personnel.
(Ord. No. 04-12, § 21; Ord. No. 2011-36, § 10)
Sec. 50-72. - Obedience to traffic laws, ordinances or regulations.
(a) Under the provisions of Florida State law, 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 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 article.
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(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.
(Ord. No. 04-12, § 22; Ord. No. 2011-36, § 11)
Sec. 50-73. - Violations.
In addition to the remedies provided herein, a violation of any provision of this article shall be
punishable as provided by law for the violation of county ordinances.
(Ord. No. 04-12, § 23)
Sec. 50-74. - Uniformity of application.
The article shall constitute a uniform law applicable in all of Collier County.
(Ord. No. 04-12, § 24)
Sec. 50-75. - 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 article to strictly enforce the provisions of this article.
(Ord. No. 04-12, § 25)
Secs. 50-76—50-100. - Reserved.
ARTICLE IV. - COMMUNITY AUTOMATED EXTERNAL DEFRIBRILLATOR PROGRAM[4]
Footnotes:
--- (4) ---
Editor's note— Ord. No. 98-36, adopted May 12, 1998, set out provisions for a community automatic
external defibrillator program. This material was included as §§ 50-101—50-104 at the editor's discretion.
See the Code Comparative Table.
Sec. 50-101. - Title.
This article shall be known and may be cited as the "Community Automatic External Defibrillator
Program Ordinance" for Collier County.
(Ord. No. 98-36, § 1)
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Sec. 50-102. - Findings and purpose.
Pursuant to F.S. § 125.01(1)(e), the Board of County Commissioners of Collier County, Florida finds
that it is empowered to provide ambulance and emergency medical services. Pursuant to article VIII of
the Constitution of the State of Florida, the Board of County Commissioners of Collier County, Florida
further finds it has the authority to exercise broad home rules powers and as such finds that it is in the
best interest of the citizens of Collier County to enact this article.
It is the purpose of this article to create the Community Automatic External Defibrillator Prog ram
which will establish guidelines for use, training, data collection and data recovery requirements and
procedures for Automatic External Defibrillators (hereinafter known as AEDs).
(Ord. No. 98-36, § 2)
Sec. 50-103. - Applicability.
Notwithstanding any provisions of any other county zoning or other ordinance to the contrary, this
article shall apply to, and be enforced in, the incorporated as well as the unincorporated areas of the
county.
Hospitals, as defined in F.S. § 395.002(12), are exempt from the provisions of this article.
(Ord. No. 98-36, § 3)
Sec. 50-104. - Requirements and procedures.
The following shall be the requirements and procedures for use, training, data collection and data
recovery of the AED program:
(1) No AED shall be used in the incorporated or unincorporated area of Collier County without first
complying with the requirements and procedures set forth in this section, except as hereinafter
provided in subsection (10). It shall be the responsibility of the owner of the AED to ensure that
only trained individuals operate, or have access to, the AED.
(2) The purchase of AED's will be done only after a written request is made to the Collier County
Emergency Medical Services Department by the individual, organization or com pany requesting
the purchase of an AED. The written request must contain the name, location, number of units,
number of people to service and type and manufacturer of the AED.
(3) Upon receipt of the written request to purchase, the EMS department will co ordinate a training
class for the requesting party, and all intended users of the AED, on the proper operation of
AEDs. Training will consist of a required class which will include:
a. History of sudden death.
b. Signs and symptoms of cardiac arrest.
c. Adult cardio-pulmonary resuscitation.
d. Proper use, maintenance and periodic inspection of the AED.
(4) Upon proof of successful completion of the above required training, the Collier County EMS
medical director will then issue a prescription for the purchase of an AED which has been
approved, and authorized for purchase, by the Food and Drug Administration.
(5) Users of the AED will follow the policies and procedures developed and authorized by the
Collier County Emergency Medical Services Department Medical Director. These policies and
procedures will be provided to the individual, organization or company requesting the purchase
of an AED upon the successful completion of the training required by this section.
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(6) Re-certification of users and inspection of the AED will be done on bi-annual basis by the Collier
County Emergency Medical Services Department.
(7) The Collier County Emergency Medical Services Department will conduct quality assurance
testing after use of the AED. The quality assurance te sting will be on the proper use, placement
and maintenance of the AED. An additional use of such testing will be to gather statistical
information on the benefits AED availability provides to the community.
(8) Any person who uses an AED is required to co ntact the EMS department as soon as
reasonably possible upon use of the AED.
(9) Upon notification of the use of an AED, the EMS department will be responsible for the
collection and recovery of data generated by the AED. The owner of the AED will not
unreasonably withhold consent to the retrieval of such data or to any quality assurance testing.
The manner in which data is recovered will be dictated by the capability of the particular AED
unit, since the method of data collection differs depending upon the type of AED. All data, once
recovered by the EMS department, will be stored at a centralized database to be located and
operated by the Collier County EMS Department.
(10) In the event an individual not trained in the use of an AED is the only person available to
operate the AED, and emergency medical services has been activated, an AED -emergency
medical dispatch certified 911 operator shall be authorized to instruct that individual on the
proper operation and use of the AED.
All other provisions of this section which are not inconsistent with subsection (10) remain in full
force and effect.
(Ord. No. 98-36, § 4; Ord. No. 99-43, § 1, 6-8-99; Ord. No. 03-22, § 1, 5-13-03)
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