HB 1565

1
A bill to be entitled
2An act relating to local government advanced life support
3and emergency medical services; creating s. 401.49, F.S.;
4requiring the board of county commissioners to issue a
5certificate of public convenience and necessity to any
6municipality that applies for such a certificate to
7provide advanced life support transport or nontransport
8emergency medical services within its geographic limits or
9outside its geographic limits by mutual agreement with the
10governing body of the jurisdiction served; providing that
11any municipality issued an advanced life support license,
12either transport or nontransport, by the Department of
13Health, has the authority to fix a schedule of rates for
14such services; authorizing the tax collector of a county
15to collect emergency medical service fees adopted by the
16municipality or county; defining terms; specifying that
17the section supersedes the provisions of any special act;
18prohibiting the governing body of any county from levying,
19collecting, or enforcing the collection of special
20assessments on property for emergency medical services;
21requiring a county governing body to rebate to taxpayers
22such special assessments already collected; requiring a
23county governing body to maintain a certain level of
24emergency medical services under certain circumstances;
25prohibiting a county governing body from bringing any
26action to collect or enforce payments of such special
27assessments; requiring a county governing body to withdraw
28any such pending actions; providing for retroactive
29operation; providing severability; providing an effective
30date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 401.49, Florida Statutes, is created to
35read:
36     401.49  Certificate of public convenience and necessity;
37advanced life support emergency medical services license.--
38     (1)  The board of county commissioners of any county, in
39exercising the authority delegated under s. 401.25(2)(d) and
40(6), and for the purpose of promoting the health, safety, and
41general welfare of the citizens of the county, shall issue a
42certificate of public convenience and necessity to any
43municipality that applies for such a certificate and meets the
44requirements of this chapter for a license to provide advanced
45life support transport or nontransport emergency medical
46services within its geographic limits or outside its geographic
47limits by mutual agreement with the governing body of the
48jurisdiction served. The certificate shall be issued within 7
49calendar days after the county's receipt of an application for a
50certificate of public convenience and necessity.
51     (2)  Any municipality within a county issued an advanced
52life support license, either transport or nontransport, by the
53Department of Health shall have the authority to fix a schedule
54of rates for such services. The tax collector of the county may
55collect any emergency medical services fee adopted by a
56municipality, and such fee shall be collected by using the
57methodology set forth in ss. 197.3632 and 197.3635. Any
58emergency medical services fee levied pursuant to this section
59shall not become a lien against homestead property.
60     (3)  If the county elects to operate and maintain any
61exclusive county emergency medical services within any or all
62parts of the unincorporated areas of the county, the county may
63fix a schedule of rates for such services. The tax collector of
64the county may collect any emergency medical services fee
65adopted by the board of county commissioners, and such fee shall
66be collected by using the methodology set forth in ss. 197.3632
67and 197.3635. Any emergency medical services fee levied pursuant
68to this section shall not become a lien against homestead
69property.
70     (4)  The terms "advanced life support" and "emergency
71medical services," as used in this section, shall be construed
72to have the same meaning as those terms are defined in ss.
73401.107(3) and 401.23(1) and (2).
74     (5)  This section is supplemental to s. 401.25(2)(d) and
75(6). Insofar as the provisions of this section are inconsistent
76with the provisions of s. 401.25(2)(d) and (6), the provisions
77of this section shall control.
78     (6)  This section supersedes the provisions of any special
79act relating to medical transport enacted before July 1, 2005,
80unless reenacted by the Legislature.
81     Section 2.  (1)  Consistent with the holdings of the Fourth
82District Court of Appeals in SMM Properties, Inc., v. City of
83North Lauderdale, 760 So.2d 998, affirmed by the Florida Supreme
84Court in City of North Lauderdale v. SMM Properties, Inc., 825
85So.2d 343, the governing body of a county may not levy, collect,
86or enforce the collection of any special assessments on property
87for emergency medical services.
88     (2)  Any governing body of a county which levies and
89collects or has levied and collected a special assessment for
90emergency medical services shall rebate to each individual
91taxpayer of such county that was assessed a special assessment
92for emergency medical services all such special assessments
93collected from such taxpayer. The rebates provided for in this
94subsection shall be made pursuant to a rebate program developed
95by the governing body of the county for such purposes.
96     (3)  The governing body of any county that levied and
97collected special assessments for emergency medical services
98prior to the decision by the Florida Supreme Court in City of
99North Lauderdale v. SMM Properties, Inc., 825 So.2d 343,
100affirming the holding of the Fourth District Court of Appeal in
101SMM Properties, Inc., v. City of North Lauderdale, 760 So.2d
102998, that special assessments on property imposed by the county
103for emergency medical services were not valid, shall maintain
104the same level of emergency medical services provided before
105such decision.
106     (4)  The governing body of a county that has levied or
107collected special assessments for emergency medical services may
108not bring any action to collect or enforce payments of the
109special assessments on property for emergency medical services
110and shall withdraw any such actions pending on the effective
111date of this act.
112     (5)  This section operates retroactively to August 1, 2002.
113     Section 3.  If any provision of this act or its application
114to any person or circumstance is held invalid, the invalidity
115does not affect other provisions or applications of this act
116which can be given effect without the invalid provision or
117application, and to this end the provisions of this act are
118severable.
119     Section 4.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.