1 | A bill to be entitled |
2 | An act relating to local government advanced life support |
3 | and emergency medical services; creating s. 401.49, F.S.; |
4 | requiring the board of county commissioners to issue a |
5 | certificate of public convenience and necessity to any |
6 | municipality that applies for such a certificate to |
7 | provide advanced life support transport or nontransport |
8 | emergency medical services within its geographic limits or |
9 | outside its geographic limits by mutual agreement with the |
10 | governing body of the jurisdiction served; providing that |
11 | any municipality issued an advanced life support license, |
12 | either transport or nontransport, by the Department of |
13 | Health, has the authority to fix a schedule of rates for |
14 | such services; authorizing the tax collector of a county |
15 | to collect emergency medical service fees adopted by the |
16 | municipality or county; defining terms; specifying that |
17 | the section supersedes the provisions of any special act; |
18 | prohibiting the governing body of any county from levying, |
19 | collecting, or enforcing the collection of special |
20 | assessments on property for emergency medical services; |
21 | requiring a county governing body to rebate to taxpayers |
22 | such special assessments already collected; requiring a |
23 | county governing body to maintain a certain level of |
24 | emergency medical services under certain circumstances; |
25 | prohibiting a county governing body from bringing any |
26 | action to collect or enforce payments of such special |
27 | assessments; requiring a county governing body to withdraw |
28 | any such pending actions; providing for retroactive |
29 | operation; providing severability; providing an effective |
30 | date. |
31 |
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32 | Be It Enacted by the Legislature of the State of Florida: |
33 |
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34 | Section 1. Section 401.49, Florida Statutes, is created to |
35 | read: |
36 | 401.49 Certificate of public convenience and necessity; |
37 | advanced life support emergency medical services license.-- |
38 | (1) The board of county commissioners of any county, in |
39 | exercising the authority delegated under s. 401.25(2)(d) and |
40 | (6), and for the purpose of promoting the health, safety, and |
41 | general welfare of the citizens of the county, shall issue a |
42 | certificate of public convenience and necessity to any |
43 | municipality that applies for such a certificate and meets the |
44 | requirements of this chapter for a license to provide advanced |
45 | life support transport or nontransport emergency medical |
46 | services within its geographic limits or outside its geographic |
47 | limits by mutual agreement with the governing body of the |
48 | jurisdiction served. The certificate shall be issued within 7 |
49 | calendar days after the county's receipt of an application for a |
50 | certificate of public convenience and necessity. |
51 | (2) Any municipality within a county issued an advanced |
52 | life support license, either transport or nontransport, by the |
53 | Department of Health shall have the authority to fix a schedule |
54 | of rates for such services. The tax collector of the county may |
55 | collect any emergency medical services fee adopted by a |
56 | municipality, and such fee shall be collected by using the |
57 | methodology set forth in ss. 197.3632 and 197.3635. Any |
58 | emergency medical services fee levied pursuant to this section |
59 | shall not become a lien against homestead property. |
60 | (3) If the county elects to operate and maintain any |
61 | exclusive county emergency medical services within any or all |
62 | parts of the unincorporated areas of the county, the county may |
63 | fix a schedule of rates for such services. The tax collector of |
64 | the county may collect any emergency medical services fee |
65 | adopted by the board of county commissioners, and such fee shall |
66 | be collected by using the methodology set forth in ss. 197.3632 |
67 | and 197.3635. Any emergency medical services fee levied pursuant |
68 | to this section shall not become a lien against homestead |
69 | property. |
70 | (4) The terms "advanced life support" and "emergency |
71 | medical services," as used in this section, shall be construed |
72 | to have the same meaning as those terms are defined in ss. |
73 | 401.107(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 |
76 | with the provisions of s. 401.25(2)(d) and (6), the provisions |
77 | of this section shall control. |
78 | (6) This section supersedes the provisions of any special |
79 | act relating to medical transport enacted before July 1, 2005, |
80 | unless reenacted by the Legislature. |
81 | Section 2. (1) Consistent with the holdings of the Fourth |
82 | District Court of Appeals in SMM Properties, Inc., v. City of |
83 | North Lauderdale, 760 So.2d 998, affirmed by the Florida Supreme |
84 | Court in City of North Lauderdale v. SMM Properties, Inc., 825 |
85 | So.2d 343, the governing body of a county may not levy, collect, |
86 | or enforce the collection of any special assessments on property |
87 | for emergency medical services. |
88 | (2) Any governing body of a county which levies and |
89 | collects or has levied and collected a special assessment for |
90 | emergency medical services shall rebate to each individual |
91 | taxpayer of such county that was assessed a special assessment |
92 | for emergency medical services all such special assessments |
93 | collected from such taxpayer. The rebates provided for in this |
94 | subsection shall be made pursuant to a rebate program developed |
95 | by the governing body of the county for such purposes. |
96 | (3) The governing body of any county that levied and |
97 | collected special assessments for emergency medical services |
98 | prior to the decision by the Florida Supreme Court in City of |
99 | North Lauderdale v. SMM Properties, Inc., 825 So.2d 343, |
100 | affirming the holding of the Fourth District Court of Appeal in |
101 | SMM Properties, Inc., v. City of North Lauderdale, 760 So.2d |
102 | 998, that special assessments on property imposed by the county |
103 | for emergency medical services were not valid, shall maintain |
104 | the same level of emergency medical services provided before |
105 | such decision. |
106 | (4) The governing body of a county that has levied or |
107 | collected special assessments for emergency medical services may |
108 | not bring any action to collect or enforce payments of the |
109 | special assessments on property for emergency medical services |
110 | and shall withdraw any such actions pending on the effective |
111 | date 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 |
114 | to any person or circumstance is held invalid, the invalidity |
115 | does not affect other provisions or applications of this act |
116 | which can be given effect without the invalid provision or |
117 | application, and to this end the provisions of this act are |
118 | severable. |
119 | Section 4. This act shall take effect July 1, 2005. |