§ 2-13-63. Violations, enforcement and penalties.

(a)

It shall be unlawful for any governmental or non-governmental entity to violate any provision of this article or certificate issued hereunder, or to provide or hold itself out as providing ambulance services within the county without a current certificate of public necessity.

(b)

Grounds for probation, suspension or revocation. Any certificate issued under this article may be subject to probation, suspension or revocation if the following occurs:

(1)

The certificate holder has failed to render services as required by the certificate, this article, Chapters 316, 322, 395, 401, Florida Statutes, as amended, or Chapter 64J, Florida Administrative Code, as amended;

(2)

The certificate holder has failed to comply with the requirements of state law regarding the standards for ambulances, air ambulances, vehicles, equipment, and personnel as provided for in Chapters 316, 322, 395, 401, Florida Statutes, as amended, or Chapter 64J, Florida Administrative Code, as amended;

(3)

The certificate holder has been found guilty of or entered a plea to a felony charge;

(4)

The certificate was obtained by an application in which any material fact was omitted or stated falsely;

(5)

The certificate holder has demanded money or compensation other than that established in accordance with this article or established by separate resolution;

(6)

The certificate holder has failed to load and promptly transport patients with a medical emergency regardless of ability to pay; or

(7)

The certificate holder or any of its employees has induced or sought to induce a change of destination to or from a hospital or another facility other than the destination specified by the patient unless specifically warranted by protocol or the patient's medical condition.

(c)

Probation. The public safety director has the authority to place a certificate holder on probation if he or she has reasonable cause to believe that a violation of any of the conditions listed in subsection 2-13-63(b) has occurred.

(1)

The certificate holder shall be served a copy of the probation notice by certified mail with the violation(s), the probation period, and corrective action, if any, specified in the notice.

(2)

The probation period shall not exceed one hundred twenty (120) days.

(3)

If the certificate holder corrects all or some of the violation(s) identified in the notice of probation prior to the expiration of the probationary period and notifies the public safety director of such corrective action, the public safety director may terminate the probation at any time or proceed with other enforcement action as provided in this section.

(4)

If the certificate holder fails to correct the violation(s) identified in the notice of probation prior to the expiration of the probationary period, or fails to notify the public safety director of such corrective action, the public safety director may proceed with the applicable enforcement actions provided in this section.

(d)

Suspension. For a substantial violation or a repeat violation, the public safety director has the authority to immediately suspend a certificate if he or she has reasonable cause to believe that a violation of any of the conditions listed in subsection 2-13-63(b) has occurred.

(1)

The certificate holder shall be served a copy of the suspension notice with the violation(s), the period of the suspension, and corrective action, if any, specified by certified mail at least ten (10) days before the effective suspension period.

(2)

If the certificate holder corrects the violation(s) identified in the notice of suspension prior to the expiration of the time period provided therein and notifies the public safety director of such corrective action, the public safety director may reinstate the certificate.

(3)

If the certificate holder fails to correct the violation(s) identified in the notice of suspension within the time period provided therein or fails to notify the public safety director of such corrective action, the public safety director may extend the period of suspension and proceed with the applicable enforcement actions provided in this section.

(e)

Revocation. For repeat violations of subsection 2-13-63(b) or a certificate holder that fails to correct the violations identified in the probation or suspension notice in the time frame specified therein, a certificate may be subject to revocation or amendment. If the public safety director determines that revocation or amendment of any certificate is warranted, notice shall be sent to the certificate holder by certified mail of such findings and of the date of the public hearing on the matter, not less than ten (10) days prior to the hearing. The board shall thereupon consider the issues identified in the notice and either revoke, suspend or amend the certificate or dismiss the complaint. The board shall provide notice of revocation or alteration to the violator by certified mail, at least ten (10) days before the violator must comply with the board's decision.

(f)

Additional enforcement remedies. In addition to probation, suspension or revocation of a certificate, this article may be enforced as provided by Section 125.69, Florida Statutes, as amended, or by an action in equity, including injunctive or declaratory relief, in a court of competent jurisdiction, in order to prevent or abate violations of this article.

(Ord. No. 17-041 , § 3, 4-25-17)