§ 4-4. Initial applications for certificates and applications to increase vehicles.

(a)

Every application for a certificate shall be in writing, signed and sworn to by the applicant, and shall be filed with the county manager. If the applicant is a corporation, the form shall be signed and sworn to by the president or vice president. The corporate secretary shall attest such signature and affix the corporate seal. If the applicant is a partnership, the form shall be signed and sworn to by a general partner. The provisions of this section shall, unless provided otherwise, also apply to governmental entities applying for a certificate. The application shall be on a form provided by the county and shall contain the following:

(1)

Sufficient information to identify the applicant including, but not limited to, full legal name, date of birth, telephone and address of all officers, resident agents, directors, stockholders and partners. Post office box addresses will not be accepted. If the applicant is a governmental entity, the name and address of the mayor and city manager and/or operating department director shall be provided.

(2)

The number of active and reserve units that are proposed to be fully equipped and operational each day. The number of proposed ground units shall include a minimum of five (5) active units available to meet the demand for services, provided that this requirement shall not apply to governmental entities.

(3)

The year, model, type, condition, passenger capacity and mileage of every vehicle or aircraft proposed to be used by the applicant.

(4)

A trade name under which the applicant intends to operate and a description of the proposed vehicle or aircraft colors or markings.

(5)

The applicant's management plan including, but not limited to, provisions for maintenance, systems for handling complaints and accidents, communication systems and quality assurance programs.

(6)

A statement and agreement by private applicants to abide by a self-imposed schedule of benchmark response times for all types of scheduled and unscheduled transports for the next three (3) years. These intervals of time shall be reasonably responsive to the expectations of the various types of customers as determined by the most recent market analysis conducted by the county. The County Manager may by administrative order establish reasonable response times. Existing certificate holders shall within ninety (90) days from the date of adoption of this ordinance provide the Manager with a self-imposed schedule of bench-mark response times for all types of scheduled and unscheduled transports. Each applicant and existing certificate holder shall abide by the schedule of benchmark response times required herein.

(7)

A record of all the private applicant's present and prior ambulance service activities during the preceding five (5) years. A minimum of five (5) years ambulance experience by the majority owner or general manager shall be required.

(8)

A record of all crimes, excluding traffic, of which the applicant has pled nolo contendere, pled guilty, or of which the applicant has been found guilty or convicted, whether or not adjudication has been withheld, within five (5) years preceding the date of the application. The applicant shall have his or her fingerprints and photograph taken by the Miami-Dade Police Department. This information shall be obtained from all corporate officers, directors and partners. In the case of a governmental entity, the above information shall be obtained from the operating department director. In the case of corporations, the above information shall be obtained from stockholders who own, hold or control five (5) percent or more of the corporation's issued and outstanding stock.

(9)

Two (2) credit references, including at least one bank where the private applicant maintains an active account and a current report of the applicant's credit worthiness mailed to the county directly from Dunn & Bradstreet or similar credit bureau.

(10)

An agreement on the part of the applicant to conform to and abide by the provisions of this article, Miami-Dade County ordinances and the laws of the State of Florida including Chapter 401, Florida Statutes and the Florida Administrative Code, Chapter 64E-2.

(11)

Audited financial statements or signed federal tax returns for the previous three (3) years, pro forma statements for the first three (3) years of operation, and such other financial information which is available and satisfactory to the manager. For newly formed corporations, personal audited financial statements or signed federal tax returns for the previous three (3) years from the principal(s), as defined by the County Manager, in addition to the pro forma statements. For new operations, such financial documentation shall include evidence of adequate liquid assets to sustain the operation of the units applied for during an eighteen (18) month startup period. The provisions of this Section shall not apply to governmental entities.

(12)

The location and description of the place from which the service will operate and all sub-stations.

(13)

Evidence of insurance coverage for claims arising out of injury, death of a person or damage to property of others resulting from any cause for which the certificate holder would be liable, as required by this article.

(14)

Evidence concerning the private applicant's adherence to rules and regulations:

(i)

Identification of all licenses and franchises held during the preceding ten (10) years;

(ii)

Disclosure of whether the applicant or the principals of the applicant have ever been investigated by any government agency and disclosure of the nature of the investigation; and

(iii)

Disclosure of whether the applicant or the principals of the applicant have ever had a license or franchise suspended or revoked.

(15)

A sworn statement signed by the applicant that all the information provided in and attached to the application is true and correct.

(b)

Application fees. Each application shall be accompanied by an investigative and processing fee, which shall be non-refundable, as specified by administrative order.

(c)

County manager's investigation. The county manager shall review and investigate each application and accompanying required documents and reject any application that is not filed in accordance with rules promulgated by the Manager or that is incomplete or untrue in whole or in part. Such investigation shall include a background check including, but not limited to, past business credit or financial standing and law enforcement records. Upon the proper filing of an application, a notice of each application shall be transmitted to each municipality and certificate holder. The county manager may require any further investigation, inspection or additional information as he or she deems necessary. Application rejection by the Manager may be appealed in accordance with Section 4-11(c) of the Code.

(d)

Certificates for ambulance service. The commission shall schedule public hearings whenever a certificate application is received from a governmental entity. The Commission may consider and act upon private applications for certificates of public convenience and necessity where the Commission by a two-thirds ( 2/3 ) vote of the entire membership finds that the public convenience and necessity require the issuance of additional certificates. The county manager shall provide advance notice, by certified mail, at least ten (10) days before a scheduled public hearing before the Board, to all applicants, certificate holders and municipalities. After public hearing the commission may issue or refuse to issue the certificate as applied for, or may issue a certificate with such modifications or upon such terms and conditions as the public convenience and necessity may require. In reaching its determination, the commission shall consider the application, the county manager's report and recommendation, all matters presented at the public hearing and the following criteria:

(1)

The financial ability of the private applicant to provide the proposed services based on, at a minimum, the following criteria:

a.

Audited financial statements or federal tax returns or, for newly formed corporations, personal audited financial statements from the principal(s), as defined by the County Manager;

b.

Pro forma statements;

c.

Credit and bank references, and a current official credit report;

d.

Disclosure of any and all pending liabilities; and

e.

Evidence of adequate liquid assets to sustain a new operation during an eighteen (18) month start-up period.

(2)

The adequacy of the management plan of the applicant.

(3)

Any recommendations received from municipalities.

(4)

The benefits that will accrue to the public interest from the proposed service.

(5)

The community's need for the proposed private service. The applicant shall bear the burden of proving there is such a need by providing verifiable documents and evidence. In addition, the county shall conduct the following analysis:

a.

Response time analysis of existing private providers for the previous three (3) years as compared with the benchmark response times as stated in each provider's most recent certificate application.

b.

Quality of existing service as determined by the results of the comprehensive market survey conducted during the year preceding the term for certificate renewal and acceptance of new applications.

(6)

Except as provided herein, no additional private certificates for new ambulance service may be authorized unless the commission by a two-thirds ( 2/3 ) vote of the entire membership finds that the public convenience and necessity require the issuance of additional certificates. Applications on file as of June 1, 2000 shall be submitted to the Board upon a determination that the applications are complete. Each private certificate issued pursuant to an application and the provisions of this Section shall, if approved, initially authorize the use of up to a maximum of ten (10) active vehicles, and a number of reserve units as provided in Section 4-8(1). Existing certificate holders whose applications to increase the number of authorized vehicles were on file as of June 1, 2000 shall be eligible for the issuance of an amended certificate as provided in this Section. The amended certificate may authorize up to a maximum of ten (10) additional active vehicles, and a number of reserve units as provided in Section 4-8(1). Applications on file as of June 1, 2000 to provide new air ambulance service shall be submitted to the Board upon a determination that the applications are complete. The approval of applications on file prior to June 1, 2000 shall require a majority vote of members present. Applicants who have filed applications as of June 1, 2000 shall be required to supplement their applications with the information required in Section 4-4(a). No additional private certificates for new ambulance service shall be considered by the Commission until after the Commission acts upon application(s) for the issuance of one (1) small business enterprise ambulance certificate as provided for in Section 4-4(d)(8). In the event no small business enterprise ambulance certificate is applied for within the required time period, the Commission may consider applications on file as of June 1, 2000 in accordance with the provisions of this Section as soon as practicable.

(7)

Except as provided in Section 4-5, certificates shall be issued for a term of three (3) years. The certificate issued hereunder shall specify the number of active and reserve vehicles that may be permitted pursuant to Section 4-8(d).

(8)

Small business enterprise ambulance certificate program. Notwithstanding any provision to the contrary, one (1) additional certificate of public convenience and necessity for up to ten (10) active vehicles, and a number of reserve units as provided in Section 4-8(1) may by majority vote be authorized by the Commission in accordance with the following procedures. Applications for the small business enterprise certificate shall be filed no later than thirty (30) days from the date of enactment of this ordinance. No later than one hundred twenty (120) days after the effective date of this ordinance the Commission shall schedule a public hearing and consider applications for the issuance of a small business enterprise ambulance certificate as provided herein. In reaching its determination, the Commission shall consider the County Manager's report and recommendation, each application, all matters presented at the public hearing and the criteria stated in Section 4-4(d). The County Manager's report and recommendation shall, among other things, recommend which one of the applicants should be issued a small business enterprise ambulance certificate of public convenience and necessity. An applicant shall be eligible for a small business enterprise ambulance certificate if he/she/it:

a)

Qualifies as a small business. As used herein, a small business shall mean an enterprise which has an actual place of business in Miami-Dade County and whose average annual gross revenue for the last three (3) years did not exceed three and a half million dollars ($3,500,000.00) and/or is a medically-related enterprise which has an actual place of business in Miami-Dade County and has less than twenty (20) employees. A firm's eligibility to apply as a small business shall be based on the cumulative gross revenues and/or cumulative number of employees of the applicant firm in combination with that of all of the firm's affiliates. Representations as to gross revenues and number of employees shall be subject to audit by the County;

b)

Agrees to locate the entity providing ambulance service in an economically disadvantaged area designated as a state or federal enterprise zone within one (1) year of the issuance of a small business enterprise ambulance certificate of public convenience and necessity; and

c)

Satisfies the additional requirements provided for in this section.

An applicant shall not be eligible for a small business enterprise ambulance certificate if any employee, principal, shareholder or director of the applicant, is, or was during the one (1) year period prior to the adoption of this ordinance, a principal, shareholder or director of any entity that is authorized by any governmental entity to operate ten (10) or more ambulance units. A small business enterprise ambulance certificate issued pursuant to this Section shall not be assigned, sold or transferred during the five-year period following the issuance of said certificate.

(e)

Requirements for issuance of new certificate. After commission approval, the manager shall thereafter issue a certificate provided that the applicant has complied with the requirements of this article and presents proof of approval by the appropriate state agency or agencies, including a list of all drivers, emergency medical technicians, and paramedics and a list of all permitted vehicles. No certificate shall be issued unless the applicant has presented proof of insurance, as required by this article, and paid a certificate issuance fee, as specified by Section 4-5, and passed the required inspections as provided in Florida Statutes, Chapter 401, including an annual County inspection of private vehicles and paid a County annual private permit fee for each active and reserve vehicle to be operated. If the applicant fails to comply with the requirements of this subsection within one hundred twenty (120) days after notification of commission approval, such approval shall be automatically revoked and no certificate shall be issued, provided that the county manager may extend such period if good cause be shown, provided the total time period shall not exceed one hundred eighty (180) days. Notwithstanding the foregoing, a certificate holder may elect to phase in the operation of the total number of authorized vehicles approved by the Board. At no time shall a certificate holder operate less than five (5) active units. If a certificate holder elects to phase into operation the number of units approved by the Board, the certificate holder is required to have vehicle permits issued by the County on all of the Board-approved active and reserve units, on or before two (2) years following the date of approval of the certificate. Failure to comply with this provision shall cause the certificate to be amended and reissued reflecting the actual number of operational units on such date.

(f)

Certificate forms. Each certificate shall contain, at a minimum: the name and address of the applicant; the maximum number of active ambulances authorized to operate, the maximum number of reserve vehicles permitted to serve as temporary replacement units for active vehicles, the date on which the private certificate expires and such additional terms, conditions, provisions and limitations as were authorized in the approval process.

(g)

Assignment, sale or transfer of certificate. No certificate issued under this article shall be sold, assigned or transferred or the ownership structure of the certificate holder changed or altered so as to result in a change or the possibility of a change in the control of said certificate to another until such transaction or change in control has been approved by the commission in the same manner and subject to the same application, investigation, fees and public hearing as original applications for certificates. Any transfer of shares of stock or interest of any person or certificate holder so as to cause a change in the directors, officers, or managers of such person or certificate holder shall be deemed a transfer or assignment as contemplated in this section and subject to the same rules and regulations as any other transfer or assignment. Upon approval by the Board of a transaction, a new certificate shall be issued. At such time, the original certificate shall become invalid. The provisions of this section shall not apply to transfers from one (1) governmental entity to another governmental entity.

(h)

Applications to increase vehicles. Following a minimum of six (6) months in operation, a private certificate holder may submit an application to request an increase in the number of authorized active ground vehicles. No increase shall be authorized unless the certificate holder submits verifiable documentation which demonstrates that the certificate holder's trips-to-car ratio is equivalent to or exceeds five (5) trips per active vehicle, per average weekday for the sixty (60) consecutive weekdays (Monday through Friday) preceding the date of application. The 5:1 trips-to-car ratio shall be calculated as follows: total number of trips where a patient is transported for the sixty (60) weekdays, divided by sixty (60) weekdays, divided by the number of authorized active vehicles. The County Mayor or designee shall only authorize the number of additional active vehicles necessary to lower the applicant's average weekday trips per active vehicle ratio below the 5:1 threshold. All increases in the number of active vehicles shall be reported to the Commission on a semiannual basis. The applicant may also request a proportionate increase in reserve units in accordance with the provisions of Section 4-8 (l). Governmental entities shall be excluded from the provisions of this subsection. Notwithstanding any provision to the contrary, if a private certificate holder requires additional vehicles to service a countywide emergency and nonemergency medical transportation vehicle service contract between the private ambulance provider and Miami-Dade County, the County Mayor or designee shall authorize the number of additional vehicles necessary to comply with the requirements of the contract; provided, however, said vehicles shall only be used to perform work under the contract and the authorization shall automatically expire with the expiration of the contract.

(i)

The County Manager shall submit a report to the Board three (3) years after the adoption of the ordinance evaluating whether there is a need to issue additional certificates of public convenience and necessity.

(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01; Ord. No. 09-110, § 1, 12-1-09)