Agenda 02/22/2011 Item # 9C
2/22/2011 Item 9.C.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution of the Board of County Commissioners of
Collier County, Florida, expressing opposition to House Bill 589 Relating to Emergency
Medical Services due to its proposed preemption of County Commission authority
OBJECTIVE: For the Collier County Board of County Commissioners (BCC) to review
and approve the attached Resolution, which opposes House Bill 589 (copy attached) relating
to Emergency Medical Services filed on February 1, 2011, by State Representative Ed
Hooper, a retired firefighter, that as of this publication is without a Senate companion and not
assigned committee references.
Once reviewed and approved by the Board of County Commissioners, the Resolution will be
transmitted to members of the Collier County Legislative Delegation, House Speaker Dean
Cannon, Senate President Mike Haridopolos, and the Florida Association of Counties.
CONSIDERA TION: At the BCC regular meeting on February 8, 2011, Commissioner
Tom Henning, during the proposed fire bill/local bill discussion (Item lOA), told the County
Commission he planned to bring House Bill (HE) 589 back to the BCC for consideration as
an agenda item on February 22, 2011.
HB 589 includes provisions that a fire district must return to the BCC every two years for a
certificate of public convenience and necessity (COPCN) issuance. However, if HB 589 is
passed by the Florida Legislature, the BCC would be prohibited from denying a fire district
request for a COPCN if State law is met.
HB 589 reads:
"In issuing the certificate of public convenience and necessity, the
governing body of each county may not prohibit a municipal, independent
special district, or community development district fire department from
providing services within its jurisdiction."
Section 7 of the county COPCN Ordinance (Requirement for Board Approval in Granting
Certificate), which addresses BCC COPCN review standards, including quality of service,
personnel and cost factors. Section 15G (General Operating Regulations) requires that each
paramedic work thirty (30) 24-hour shifts on an ambulance to properly judge capability and
be certified by the County Medical Director.
County staff believes if HB 589 passes, it nullifies Section 7 in its entirety and Section 15 G
of the Collier County COPCN Ordinance 2005-16. HB 589 merely requires a paramedic to
be state-certified per Florida Administrative Code Rule 64J; the State of Florida rules
governing Emergency Medical Services.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
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2/22/2011 Item 9.C.
GROWTH MANAGEMENT IMPACT: There IS no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: This item raises no legal issues and requires only a majority
vote for approval-SRT.
RECOMMENDA TION: That the Board of County Commissioners approves the
Resolution opposing House Bill 589 Relating to Emergency Medical Services and the
Commission Chairman on behalf of the BCC writes a letter to accompany the Resolution to
the Collier County Legislative Delegation, Senate President Mike Haridopolos, House
Speaker Dean Cannon and the Florida Association of Counties.
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2/22/2011 Item 9.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.C.
Item Summary: Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, expressing opposition to House Bill 589 Relating to
Emergency Medical Services due to its proposed preemption of County Commission authority.
Meeting Date: 2/22/2011
Prepared By
Name: Evelyn Prieto
Title: Executive Aide to the BCC,
2/15/201 I 2:20:52 PM
Approved By
Name: Ian Mitchell
Title: Executive Manager, BCC
Date: 2/15/20 I I 2:29:20 PM
Name: OchsLeo
Title: County Manager
Date: 2/15/201 I 4:42:00 PM
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2/22/2011 Item 9.C.
RESOLUTION NO. 2011-_
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS EXPRESSING OPPOSITION TO HOUSE BILL 589
RELATING TO EMERGENCY MEDICAL SERVICES DUE TO.
PREEMPTION OF COUNTY COMMISSION AUTHORITY
WHEREAS, House Bill 589 Relating to Emergency Medical Services was filed in the
Florida House on February 1,2011, by State Representative Ed Hooper, a retired firefighter, and
the proposed bill first and foremost promotes preemption of home rule authority of local
governments, specifically county commissions; and
WHEREAS, HB 589 provides that an applicant for advanced life support non-
transportation services must have obtained a Certificate of Public Convenience and Necessity
(COPCN) from each county in which the applicant will operate and that in issuing the COPCN
the governing body of each county may not prohibit a municipal, independent special district, or
community development district fire department from providing services within its jurisdiction;
and
WHEREAS, proposed HB 589 would nullify and preempt Collier County COPCN
Ordinance Number 2005-16, Sections 7 in its entirety (Board review of standards, including
quality of service, personnel and cost factors) and 150 (paramedic training requirements by the
County Medical Director), and only requires paramedics to be State certified per Florida
Administrative Code Rule 64J, the State rules governing Medical Services; and
WHEREAS, County Commissioners were elected by the voters to responsibly represent
the best interests of constituents in all five Commission Districts as well as independent fire
districts, and to identify optimwn systems to assure citizens receive superior health, safety and
emergency services in return for their investment of taxpayer funds; and
WHEREAS, Collier County Commissioners embrace their oversight role in the current
emergency services system that includes COPCN review and issuance authority.
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2/22/2011 Item 9.C.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The. Board opposes proposed House Bill 589 and wishes to express its desire to retain
County Commission authority over COPCN review and issuance.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22th day of February, 2011.
ATTEST:
D~GHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DEPUTY CLERK
By:
Fred W. Coyle, CHAIRMAN
Approved as to form and legal sufficiency:
~'l/R~
Scott R. Teach, ----
Deputy County Attorney
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