Agenda 04/25/2023 Item #16F 1 (Granting a ALS Class I and Class 2 COPCN and Permit to the Seminole Tribe Fire Rescue Department)04/25/2023
EXECUTIVE SUMMARY
Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) and Permit
for a Class 1 (ALS Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS Ambulance Transport) for
the Seminole Tribe Fire Rescue Department within the boundaries of the Seminole Tribe in Immokalee;
authorize the Chairman to sign the permit and certificate; and recognize and accept the $250 application fee
within Fund 001.
OBJECTIVE: To proceed in the best interest of the public health, safety and welfare by granting an
ALS Class I and Class 2 COPCN and Permit to the Seminole Tribe Fire Rescue Department
("Department or Seminole Tribe"). The Seminole Tribe Fire Rescue Department operates exclusively for and
on the Seminole Reservation in lmmokalee ("Reservation"). The certificate is subject to certain conditions
noted below.
CONSIDERATIONS: On January 20, 2023, the Collier County's Bureau of Emergency Services received the
renewal application from the Seminole Tribe for a COPCN and Permit for a ALS Class I and Class 2. A
COPCN may be approved routinely by the Board as provided by Section 50-60 of the Collier County Code
of Laws and Ordinances (Code) governing medical transportation services.
The Board's Emergency Medical Authority has reviewed the application and voted unanimously on April 12,
2023, in the affirmative to grant both the COPCN and Permit for a period of one (I) year following the
approval of the Board. The Seminole Tribe operates numerous fire rescue and ambulance services across the
state within the boundaries of various reservations in a highly cooperative manner with other local county
governments and EMS operations. It is the opinion and findings of the Bureau of Emergency Services that
this Class I and Class 2 COPCN and Permit be granted.
The Department will be operating and providing services exclusively within the geographical boundaries of
the Reservation. Collier County EMS and the Department entered into a memorandum of understanding to
provide for rare situations where concurrent calls for service at, near, or within the geographical
boundaries of both providers occurs and providing mutual emergency medical services assistance is in the best
interest of patient care. Each agency will work under its respective emergency medical services protocol,
dispatch system, billing, and medical direction. Calls for service on the Reservation for emergency
services is broadly estimated to be approximately 50 calls for service annually.
Department employees are certified as Paramedic's, EMT's, and fire rescue personnel licensed by the State of
Florida. The Department's Medical Director has adopted the Greater Broward Emergency Medical
Directors Association (GBEMDA) Regional Medical Protocols, which are in compliance with the State of
Florida's standards for medical oversight. The Department is licensed by the State of Florida, and it's
Medical Director is Harry Wayne Lee, MD, FACEP.
Section 50-60 of the Code of Laws and Ordinances provides:
Each certificate holder shall file within 90 days of expiration applications 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 the
same.
These requirements have been met, and the Administrator recommends renewal.
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Conditions of the COPCN and Permit renewal are as follows:
The issuance of a Class 2 ALS intra-facility transport certificate is limited to transports to tribal members only as
requested by the Seminole Fire Rescue Department application.
If renewed, the COPCN application be renewed for one year with an expiration date of April 2023, and
renewed annually. Its renewal application is to be received by the County no later than 90 days prior to its
expiration.
The Department is required to work cooperatively with Collier County EMS, Bureau of Emergency Services,
Collier County Sheriffs 911 dispatch personnel, local licensed facilities and other responders to ensure that its
entry into local and regional ambulance transportation is properly coordinated and services are appropriately
represented. Collier County EMS shall be allowed to conduct any reasonable inspections or site visits and
receive in a timely manner any statistical call volume information needed to evaluate services, monitor
complaints and address any quality of care issues.
FISCAL IMPACT: This redistribution of emergency and non-emergency transports on the Seminole
Reservation in Immokalee by authorizing the Seminole Fire and Rescue Department to receive a Class 1 and Class
2 certificate is expected to be minimal. There is no increase to the Collier County EMS budget for granting this
Class 1 and Class 2 COPCN if approved. The Board shall also recognize and accept the $250 application fee within
Fund 001.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this
action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for
approval. - RTT
Additionally, regarding the consideration of this item, Section 50-60 of the Code states that the same
standards that applied to the original grant of the certificate apply to the renewal of the certificate and those
requirements are found in Section 50-57 of the Code:
Sec. 50-57. - 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:
That there is a public necessity for the service. In making such determination, the Board of County
Commissioners shall consider, at a minimum, the following factors:
The extent to which the proposed service is needed to improve the overall emergency medical
services (EMS) capabilities of the County.
The effect of the proposed service on existing services with respect to quality of service and cost of
service.
The effect of the proposed service on the overall cost of EMS service in the county.
The effect of the proposed service on existing hospitals and other health care facilities.
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.
That the applicant has sufficient knowledge and experience to properly operate the proposed
service.
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That, if applicable, there is an adequate revenue base for the proposed service.
That the proposed service will have sufficient personnel and equipment to adequately cover the
proposed service area.
The matter may be referred to a hearing officer as stated in Section 50-58 of the Code as follows: 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.
The Administrator has determined that all of these requirements have been met, the appointment of a hearing
officer is not necessary and the certificate renewal should be granted by the Board consistent with Section 50-60 of
the Code.
RECOMMENDATION: To renew the annual Certificate of Public Convenience and Necessity (COPCN) and
Permit for a Class 1 (ALS Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS Ambulance Transport) for
the Seminole Tribe Fire Rescue Department within the boundaries of the Seminole Tribe in Immokalee and that the
Board:
Renew the annual Certificate of Public Convenience and Necessity and Permit for the Seminole
Tribe of Florida and its listed vehicles: 2) Two Medical Rescue Units (Ambulances), (1) One Fire Engine
1250 GMP Pumper, ( l) One Fire Brush Truck/Utility Vehicle, ( l) One Squad Truck and
(I) One Fire/EMS Supervisory Vehicle.
Authorize the Chairman to execute the Permit and Certificate.
To recognize and accept the $250 application fee within Fund 001.
PREPARED BY: Dan E. Summers, Director, Bureau of Emergency Services
ATTACHMENT(S)
1. 2023 Application (PDF)
2. Permit CAO approved 2023 (PDF)
3. Certificate CAO approved 2023 (PDF)
4. VIN List CAO reviewed 2023 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1
Doc ID: 25122
Item Summary: Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN)
and Permit for a Class 1 (ALS Transport/ALS Rescue) and Class 2 (ALS intra-facility ALS Ambulance Transport)
for the Seminole Tribe Fire Rescue Department within the boundaries of the Seminole Tribe in Immokalee;
authorize the Chairman to sign the permit and certificate; and recognize and accept the $250 application fee within
Fund 001.
Meeting Date: 04/25/2023
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
04/12/2023 12:08 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
04/12/2023 12:08 PM
Approved By:
Review:
Emergency Management Daniel Summers Director Review Completed 04/13/2023 4:14 PM
County Attorney's Office Ronald Tomasko Level 2 Attorney of Record Review Completed 04/14/2023 2:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/14/2023 3:51 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
04/16/2023 7:31 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/17/2023 9:58 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 04/18/2023 2:07 PM
Office of Management and Budget Agnieszka Chudy Additional Reviewer Completed 04/18/2023 2:21 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/18/2023 3:55 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM
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