Florida Senate - 2016 SB 742
By Senator Hutson
6-00538-16 2016742__
1 A bill to be entitled
2 An act relating to certificates of public convenience
3 and necessity for life support or air ambulance
4 services; amending s. 401.25, F.S.; requiring, rather
5 than authorizing, county governing boards to adopt
6 ordinances that provide standards for the issuance of
7 certificates of public convenience and necessity for
8 basic or advanced life support or air ambulance
9 services; specifying subjects of standards; providing
10 an appeal process; providing a standard for issuance
11 for denied applications for certificates of public
12 convenience and necessity; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (6) of section 401.25, Florida
18 Statutes, is amended to read:
19 401.25 Licensure as a basic life support or an advanced
20 life support service.—
21 (6) The governing body of each county shall may adopt
22 ordinances that provide reasonable standards for the issuance of
23 certificates of public convenience and necessity to provide for
24 basic or advanced life support services or and air ambulance
25 services, including, but not limited to, standards regarding
26 trained personnel staffing, equipment, and response times to
27 life support calls. In developing standards for certificates of
28 public convenience and necessity, the governing body of each
29 county must consider state guidelines, recommendations of the
30 local or regional trauma agency created under chapter 395, and
31 the recommendations of municipalities and independent special
32 fire control districts within its jurisdiction. If the county
33 denies an application for a certificate of public convenience
34 and necessity to provide basic or advanced life support services
35 or air ambulance services pursuant to this chapter, the
36 applicant may appeal the decision by filing a writ of certiorari
37 with the circuit court with jurisdiction over the county. The
38 county shall award the requested certificate if the record in
39 the proceeding on the writ demonstrates that the applicant will
40 provide a level of service superior to that of the current
41 county provider, as measured by the county standards for the
42 issuance of the certificates, and at equal or less cost.
43 Section 2. This act shall take effect July 1, 2016.