§ 18-63. Revocation, alteration or suspension of certificate.  


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  • (a)

    Every certificate issued under this article shall be subject to revocation, alternation or suspension by the board of county commissioners if the certificate holder fails to comply with the requirements of the certificate or this article.

    (b)

    It shall be a violation of this article for any persons, business entity, hospital or governmental agency to:

    (1)

    Intentionally obstruct, bar or otherwise interfere with an inspection conducted under the purview of this article;

    (2)

    Knowingly make an omission of a material fact or a false statement in any application or other document filed with the public safety director;

    (3)

    Knowingly, by telephone or otherwise, cause to be placed or place a false emergency medical call;

    (4)

    Knowingly violate or fail to observe any requirement of this article, or any rule, regulation or order under the provision of this article;

    (5)

    Represent the certificate holder as an emergency medical transport service, an ALS service, a special limited service, or wheelchair transport service, or engage in the business of conducting an emergency medical transport service, an ALS service, a special limited service, or wheelchair transport service without first obtaining an appropriate certificate of public convenience and necessity from the board of county commissioners as provided herein and obtaining the necessary state licenses, as applicable;

    (6)

    Operate an ambulance or emergency medical services vehicle that does not meet the requirements of this chapter and F.S. ch. 401; or

    (7)

    Operate a wheelchair transport service vehicle that does not meet the requirements of section 18-58(c).

    A separate and distinct offense shall be deemed to occur each day a prohibited act occurs.

    (c)

    Complaints about a certificate holder shall be submitted in writing to the public safety director to be reviewed for sufficiency. If the complaint indicates on its face that a violation of this article or state law, rule or regulation has occurred, the public safety director shall conduct an investigation of the complaint. The certificate holder shall provide the public safety director with access to the certificate holder's business site, personnel, and documents to assist in the investigation. The public safety director shall forward a copy of the complaint and his investigative report to the emergency medical services advisory council.

    (d)

    The emergency medical services advisory council shall consider the complaint at its next regularly scheduled meeting following completion of the public safety director's investigation. The council shall review the complaint, the public safety director's investigation report and relevant testimony or evidence from the certificate holder and any other parties the council deems necessary. If the council determines that a violation has occurred, the council shall forward the complaint to the board of county commissioners for consideration.

    (e)

    The board of county commissioners shall consider the complaint at a public hearing following publication of notice not less than ten days prior to the public hearing. If the board makes one of the following determinations after the public hearing, the board may revoke, suspend or alter the certificate of convenience and necessity:

    (1)

    The certificate holder has failed or neglected to abide by this article, the conditions of its certificate, or F.S. ch. 401;

    (2)

    The application submitted to secure a certificate of public convenience and necessity from the board of county commissioners contains false representation or omitted material facts;

    (3)

    The certificate holder, or its agent, has demanded compensation in excess of that established in its schedule of fees filed with the board pursuant to this article;

    (4)

    The certificate holder has failed to comply with a corrective order issued pursuant to this article;

    (5)

    The certificate holder has been adjudicated guilty of a felony; provided his civil rights have not been restored;

    (6)

    The certificate holder has been found by a court of competent jurisdiction guilty of any criminal offense involving moral turpitude;

    (7)

    The certificate holder has been found guilty of malpractice or negligence in the operation of its service; or

    (8)

    The certificate holder has had his state license revoked or suspended.

    (f)

    A certificate holder whose certificate of public convenience and necessity has been revoked or suspended pursuant to this section may not submit an application for a new certificate for a period of one year following the effective date of the revocation.

(Code 1982, § 1-12.5-17; Ord. No. 96-04, pt. A, 2-20-1996)