§ 46-80. Legislative findings.

The county council makes the following determinations pertaining to the enactment of this article III of chapter 46, as amended, and the county's regulation and oversight of medical response and transportation services:

(1)

The county has all powers of local self-government not inconsistent with general law, and F.S. § 125.01, provides that counties have the power to provide health and welfare programs, including, but not limited to, ambulance service, and may adopt ordinances and resolutions necessary for the exercise of those powers.

(2)

Pursuant to F.S. § 401.211, the State of Florida recognizes and the county agrees that the systematic provision of emergency medical services saves lives and reduces disability associated with illness and injury, and that such system of care must be equally capable of assessing, treating, and transporting children, adults, and frail elderly persons, because such services are essential to the health and well being of the state.

(3)

Both the county and the State of Florida further recognize that the establishment of a comprehensive state-wide injury-prevention program supports state and community health systems by further enhancing the total delivery system of emergency medical services and reduces injuries for all persons.

(4)

Pursuant to F.S. § 401.25, the State of Florida requires, as a condition precedent to being licensed by the state to provide certain basic life support or advanced life support services, that a person or other entity first must obtain a certificate of public convenience and necessity from each county in which such person or entity will operate.

(5)

Pursuant to F.S. § 401.25, the State of Florida authorizes the counties to adopt ordinances providing reasonable standards for certificates of public convenience and necessity.

(6)

The Fifth District Court of Appeals, in upholding the constitutionality of F.S. ch. 401, pt. III, in County of Volusia v. City of Daytona Beach, 420 So. 2d 606, 610-11 (Fla. 5th DCA 1982), noted that the State of Florida ". . . has preempted the field of medical transportation services ..." and delegated certain duties to the counties regarding administration of a state plan for such services, including making quasi-executive or quasi-judicial decisions concerning provision of ". . . the best answers to an effective emergency medical transportation system on a county-wide basis . . . ."

(7)

The Fifth District Court of Appeals further found, at pages 609-10 of County of Volusia v. City of Daytona Beach , that "[i]n fact, the entire matter [of the issuance of public convenience and necessity] is delegated to the counties."

(8)

Consistent with the legislative intent and directives of the state as set forth in F.S. ch. 401, pt. III, and Chapter 64J of the Florida Administrative Code, the county council, finding it to be in the public's best interest, has established, pursuant to this article, a comprehensive countywide emergency and non-emergency response program for both medical transport and nontransport services.

(9)

This article and the regulations, prohibitions, and prescriptions contained herein have been enacted pursuant to the authorities listed above.

(Ord. No. 2012-22, § I, 12-20-12)