| 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. |