Florida Senate - 2022                                     SB 502
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00612A-22                                           2022502__
    1                        A bill to be entitled                      
    2         An act relating to certificates of public convenience
    3         and necessity; amending s. 401.25, F.S.; requiring
    4         certain counties to issue a certificate of public
    5         convenience and necessity to applicants seeking
    6         licensure for basic or advanced life support services
    7         which meet specified criteria; providing an exception;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (2) of section
   13  401.25, Florida Statutes, is amended to read:
   14         401.25 Licensure as a basic life support or an advanced
   15  life support service.—
   16         (2) The department shall issue a license for operation to
   17  any applicant who complies with the following requirements:
   18         (d) The applicant has obtained a certificate of public
   19  convenience and necessity from each county in which the
   20  applicant will operate. In issuing the certificate of public
   21  convenience and necessity, the governing body of each county
   22  shall consider the recommendations of municipalities within its
   23  jurisdiction.
   24         1. An applicant that is an active first responder agency is
   25  exempt from this requirement if it:
   26         a.1. Is a faith-based, not-for-profit charitable
   27  corporation registered under chapter 617 which has been
   28  responding to medical emergencies in this state for at least 10
   29  consecutive years.
   30         b.2. Is not a parent, subsidiary, or affiliate of, or
   31  related to, any for-profit entity.
   32         c.3. Provides basic life support services or advanced life
   33  support services solely through at least 50 unpaid licensed
   34  emergency medical technician or paramedic volunteers.
   35         d.4. Is not operating for pecuniary profit or financial
   36  gain.
   37         e.5. Does not distribute to or inure to the benefit of its
   38  directors, members, or officers any part of its assets or
   39  income.
   40         f.6. Does not receive any government funding. However, the
   41  volunteer ambulance service may receive funding from specialty
   42  license plate proceeds.
   43         g.7. Has never had a license denied, revoked, or suspended.
   44         h.8. Provides services free of charge.
   45         i.9. As part of its application for licensure, provides to
   46  the department a management plan that includes a training
   47  program, dispatch protocols, a complaint management system, an
   48  accident or injury handling system, a quality assurance program,
   49  and proof of adequate insurance coverage to meet state or county
   50  insurance requirements, whichever requirements are greater.
   51         j.10. Provides a disclaimer on all written materials that
   52  the volunteer ambulance service is not associated with the
   53  state’s 911 system.
   54  
   55  The exemption under this subparagraph paragraph may be granted
   56  to no more than four counties. This exemption notwithstanding,
   57  an applicant is not exempted from and must comply with all other
   58  requirements for licensure. An applicant must also take all
   59  reasonable efforts to enter into a memorandum of understanding
   60  with the emergency medical services licensee within whose
   61  jurisdiction the applicant will provide services in order to
   62  facilitate communications and coordinate emergency services for
   63  situations beyond the scope of the applicant’s capacity and for
   64  situations of advanced life support which that are deemed
   65  priority 1 or priority 2 emergencies.
   66         2.A county that has a population exceeding 1 million must
   67  issue a certificate of public convenience and necessity to any
   68  applicant if the applicant has been operating in this state for
   69  10 years and has a certificate of public convenience and
   70  necessity from at least three other counties in this state. This
   71  subparagraph does not apply to a county operating under a home
   72  rule charter adopted pursuant to s. 10, s. 11, or s. 24, Art.
   73  VIII of the State Constitution of 1885, as preserved by
   74  paragraph 6(e), Art. VIII of the State Constitution of 1968.
   75         Section 2. This act shall take effect July 1, 2022.