401.25 Licensure as a basic life support or an advanced life support service.—
(1) Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of providing prehospital or interfacility advanced life support services or basic life support transportation services must be licensed as a basic life support service or an advanced life support service, whichever is applicable, before offering such service to the public. The application for such license must be submitted to the department on forms provided for this purpose. The application must include documentation that the applicant meets the appropriate requirements for a basic life support service or an advanced life support service, whichever is applicable, as specified by rule of the department.
(2) The department shall issue a license for operation to any applicant who complies with the following requirements:
(a) The applicant has paid the fees required by s. 401.34.
(b) The ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for either a basic life support service or an advanced life support service, whichever is applicable.
(c) The applicant has furnished evidence of adequate insurance coverage for claims arising out of injury to or death of persons and damage to the property of others resulting from any cause for which the owner of such business or service would be liable. The applicant must provide insurance in such sums and under such terms as required by the department. In lieu of such insurance, the applicant may furnish a certificate of self-insurance evidencing that the applicant has established an adequate self-insurance plan to cover such risks and that the plan has been approved by the Office of Insurance Regulation of the Financial Services Commission.
(d) The applicant has obtained a certificate of public convenience and necessity from each county in which the applicant will operate. In issuing the certificate of public convenience and necessity, the governing body of each county shall consider the recommendations of municipalities within its jurisdiction.
1. An applicant that is an active first responder agency is exempt from this requirement if it:
a. Is a faith-based, not-for-profit charitable corporation registered under chapter 617 which has been responding to medical emergencies in this state for at least 15 consecutive years.
b. Is not a parent, subsidiary, or affiliate of, or related to, any for-profit entity.
c. Provides basic life support services or advanced life support services solely through at least 150 unpaid licensed emergency medical technician or paramedic volunteers in at least three counties at the time of application.
d. Is not operating for pecuniary profit or financial gain.
e. Does not distribute to or inure to the benefit of its directors, members, or officers or other related parties any part of its assets or income.
f. Has never had a license denied, revoked, or suspended.
g. Provides services at no cost to the patient.
h. As part of its application for licensure, provides to the department a management plan that includes a training program, dispatch protocols, a complaint management system, an accident or injury handling system, a quality assurance program, and proof of adequate insurance coverage to meet state or county insurance requirements, whichever requirements are greater.
i. Provides a disclaimer on all written materials that the volunteer ambulance service is not associated with the state’s 911 system.
2. An applicant seeking an exemption from this requirement must submit to the department a sworn affidavit that complies with s. 92.50(1) attesting that the applicant meets the requirements for an exemption provided in sub-subparagraphs 1.a.-i. A person who submits an affidavit fraudulently attesting to meeting such requirements violates s. 837.012 and commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
3. The exemption under subparagraph 1. may be granted to no more than 15 counties. This exemption notwithstanding, an applicant is not exempted from and must comply with all other requirements for licensure. An applicant must also take all reasonable efforts to enter into a memorandum of understanding with the emergency medical services licensee within whose jurisdiction the applicant will provide services in order to facilitate communications and coordinate emergency services for situations beyond the scope of the applicant’s capacity and for situations of advanced life support that are deemed priority 1 or priority 2 emergencies.
(3) The department may suspend or revoke a license at any time if it determines that the licensee has failed to maintain compliance with the requirements prescribed for operating a basic or advanced life support service.
(4) Each license issued in accordance with this part will expire automatically 2 years after the date of issuance.
(5) The requirements for renewal of any license issued under this part are the same as the requirements for original licensure that are in effect at the time of renewal.
(6) A volunteer ambulance service licensed under this section may not apply for, receive funds under, or participate in any grant program designed exclusively for publicly operated fire departments or emergency medical service agencies.
(7)(a) The governing body of each county may adopt ordinances that provide reasonable standards for certificates of public convenience and necessity for basic or advanced life support services and air ambulance services. In developing standards for certificates of public convenience and necessity, the governing body of each county must consider state guidelines, recommendations of the local or regional trauma agency created under chapter 395, and the recommendations of municipalities within its jurisdiction.
(b) A county or municipal government may not limit, prohibit, or prevent a volunteer ambulance service from responding to an emergency or from providing emergency medical services or transport within its jurisdiction. However, an emergency medical services provider or fire rescue services provider operated by a county, municipality, or special district is responsible for the care and transport of an unresponsive patient if a volunteer ambulance service arrives at the scene of an emergency simultaneously with such a provider and a person authorized to consent to the medical treatment of the unresponsive patient is not present.
(c) A county or municipal government may not require a volunteer ambulance service to obtain a license or certificate or pay a fee to provide ambulance services or nonemergency air ambulance services within its jurisdiction, provided that the ambulance or air ambulance is approved by the Department of Health. However, a county or municipal government may impose, collect, or enforce payment of any occupational license tax authorized by law.
(8)(a) Each permitted basic life support ambulance not specifically exempted from this part, when transporting a person who is sick, injured, wounded, incapacitated, or helpless, must be occupied by at least two persons: one patient attendant who is a certified emergency medical technician, certified paramedic, or licensed physician; and one ambulance driver who meets the requirements of s. 401.281. This paragraph does not apply to interfacility transfers governed by s. 401.252.
(b) Each permitted advanced life support ambulance not specifically exempted from this part, when transporting a person who is sick, injured, wounded, incapacitated, or helpless, must be occupied by at least two persons: one who is a certified paramedic or licensed physician; and one who is a certified emergency medical technician, certified paramedic, or licensed physician who also meets the requirements of s. 401.281 for drivers. The person with the highest medical certifications shall be in charge of patient care. This paragraph does not apply to interfacility transfers governed by s. 401.252.
Cited 35 times | Published | Florida 5th District Court of Appeal | 68 A.L.R. 4th 1
...Taxis and local buses are also excluded by the same provision that excludes ambulances. Their exclusion from Chapter 323 does not mean such vehicles are not common carriers for tort liability purposes. In Florida, ambulances are regulated and controlled pursuant to section 401.25, Florida Statutes (1981)....
...Shared Services argues that it has standing to request a Section 120.57 formal hearing on Shands' application, because it has a substantial interest that is within the ambit of Chapter 401. Shared Services contends that a legislative concern with duplication of services is evident in Sections 401.113, 401.117, 401.24, and 401.25(2), Florida Statutes, and in Rule 10D-66.41(d), Fla....
...Sections 401.113 and 401.117 relate to grant disbursement, a subject entirely unrelated to Shands' present licensure and certification. In addition we do not interpret Section 401.24, requiring a comprehensive state plan for emergency and nonemergency medical transportation services, or Section 401.25(2), as authorizing inquiry into competitive economic injury to an existing service. Section 401.25(2) merely lists the contents required in an application for an emergency or nonemergency medical transportation service license, and upon compliance with that section and the requirements of Section 401.25(3), "[t]he department shall issue a license for operation within 60 days......
Cited 5 times | Published | Florida 1st District Court of Appeal
...the county from adopting section 18 of the ordinance. In part, appellee relies on County of Volusia v. City of Daytona Beach, 420 So.2d 606 (Fla. 5th DCA 1982). In County of Volusia, the court relied on an expressed statutory preemption contained in section 401.25(8), Florida Statutes, concerning regulation of medical transportation services in order to uphold Volusia County's denial of the city of Daytona Beach's request to provide medical transportation services....
Cited 3 times | Published | Florida 5th District Court of Appeal
...ed an application by the City of Daytona Beach (hereinafter the City) for a certificate of public convenience and necessity to operate an emergency medical transportation service within its municipal limits. The County's action was taken pursuant to section 401.25, Florida Statutes (1979), which the circuit court declared unconstitutional insofar as it applied to the facts presented in this case....
...way of a petition for certiorari. On August 25, 1981, the circuit court entered a final judgment quashing the decision of the County for failing to provide the City a quasi-judicial hearing before an impartial tribunal on its application, declaring section 401.25, Florida Statutes (1979), to be unconstitutional as applied to these facts, and inviting the City to reapply for its certificate to the circuit court....
...rements, or appellate review in regard to a county's consideration of applications for certificates of public convenience and necessity to operate a medical transportation service. In fact, the entire matter is expressly delegated to the counties by section 401.25(8), which reads: (8) The governing body of each county is authorized to adopt ordinances providing reasonable standards for certificates of public convenience and necessity for emergency or non-emergency medical transportation services....
...basis. The council thought not, which was its statutory prerogative, and denied the application. The question involved the wisdom of delegation of a legislative duty, not a judicial determination between competing interests in pari materia. We hold section 401.25 constitutional as applied to the facts in this case, and we find that the County Council's decision was a quasi-executive or quasi-legislative function....
...examinations or tests must sign an authorization to release medical records to the city. The agreement further provides that drug test results are considered confidential medical records that will be kept confidential to the extent permitted by law. Section 401.25 (1), Florida Statutes, states that every person, firm, corporation, association, or governmental entity owning or acting as the agent for the owner of any business or service that furnishes the service of prehospital or interfacility a...
...ty render municipal ordinances ineffective and prohibit a municipality from adopting its own ordinance regulating such services within the corporate limits of the municipality? 3. Does the mere fact that a county has adopted an ordinance pursuant to s. 401.25 render a municipal ordinance `in contravention' of the provisions of part III, ch....
...401 and rules and regulations promulgated by the department under the authority therein provided. Part III, ch. 401, F. S. (ss. 401.21-401.47), the `Florida Emergency and Nonemergency Medical Services Act,' establishes the statewide regulatory scheme for emergency and nonemergency medical transportation services. Section 401.25 provides for licensing of such medical transportation services by the Department of Health and Rehabilitative Services, that section setting forth certain requirements for granting of licenses, including compliance with the requirements of the emergency medical services law and appropriate rules and regulations (s. 401.25 (3)(b)). Chapter 10D-66, F.A.C., sets forth with greater particularity the minimum requirements and standards applicable to the medical transportation services licensed under s. 401.25 . In order to obtain a state license under this section, an applicant must obtain a `certificate of public convenience and necessity from the county commission in each county in which the applicant will operate.' Section 401.25 (3)(d), F....
...nce and necessity issued by the county commission of the county in which the ambulance service operates. The statute makes no mention of any requirement that a licensee obtain the approval of, or any license or permit from, the municipality. Rather, s. 401.25 (8) expressly provides that: The governing body of each county is authorized to adopt ordinances providing reasonable standards for certificates of public convenience and necessity for emergency or nonemergency medical transportation services....
...g additional regulations not in contravention of the provisions of this act. (Emphasis supplied.) Since your questions are interrelated, they will be answered jointly. Your inquiry notes that, in 1977, Broward County adopted an ordinance pursuant to s. 401.25 (8), F....
...services, including requirements for the operation of such services; s. 401.35 imposes on the department the duty of promulgating rules necessary to carry out the purposes of part III of ch. 401, including the specified minimum standards. See also ss. 401.25 (3)(b), 401.26 (2) and (3), 401.27 (2), 401.30 , 401.31 (2), 401.35 , 401.42, 401.46(1), and 401.47(2), and ch....
...S., and ch. 10D-66, F.A.C. See also ss. 166.021 (3)(c) and 166.221 , F. S. Conversely, the requirement of a city occupational license tax levied pursuant to s. 205.042 , F. S., would in no way impact on or contravene the grant of a state license under s. 401.25 (3)(a)-(d) since the city license tax would not purport to regulate ambulance services....
