§ 4-8. Operating regulations.

(a)

Each certificate holder shall:

(1)

Maintain a central place of business in Miami-Dade County, where all records shall be available for inspection or audit by the County during normal business office hours. When requested by the County, a private certificate holder shall provide periodic financial and/or operating data including, but not be limited to, electronically transmitted monthly trip and response time transport data and quarterly financial statements as well as annual financial statements or signed tax returns as required by the County. These records shall be maintained a minimum of two (2) years beyond the end of a certificate holder's fiscal year. If requested by the County, particular records shall be maintained for up to three (3) years beyond the end of a certificate holder's fiscal year.

(2)

Maintain a telephone number for receiving calls for service, which telephone shall have twenty-four (24) hour access for the public.

(3)

Provide the county manager with a current list of telephone numbers and addresses of responsible management personnel to be contacted in the event of emergencies.

(4)

Provide service twenty-four (24) hours each and every day.

(5)

Promptly answer every telephone call for service.

(6)

Load and transport patients with a medical emergency regardless of ability to pay.

(7)

Provide each unit with direct two-way communications with a central dispatcher at all times.

(8)

Tape record all radio and telephonic service related conversations received through the communications center requesting ambulance service. Said tapes shall be maintained for at least sixty (60) days. Copies of specific tapes shall be maintained for longer periods if requested by the County Manager.

(9)

Inform complainants of their right to redress unresolved grievances by providing the name, mailing address and telephone number of the office designated by the County Manager to enforce provisions of this article and receive complaints.

(10)

Notify the County in writing within seven (7) days of adding, deleting or replacing any active or reserve vehicles.

(11)

Abide by the schedule of benchmark response times established by each certificate holder or the County Manager pursuant to an administrative order. In the event the County Manager establishes reasonable response times pursuant to an administrative order, each certificate holder shall comply with the response times established by the administrative order notwithstanding any self-imposed schedule of benchmark response times adopted by the certificate holder.

(b)

The certificate holder shall conduct a criminal background check upon hiring all drivers, emergency medical technicians and paramedics and require that such persons shall notify the certificate holder of any criminal offense as specified in subsection (b)(1). No driver, emergency medical technician or paramedic may be employed in an ambulance service in such capacity if:

(1)

The person has been convicted of a felony, the use of a deadly weapon, or trafficking and/or possession of narcotics and has not had his/her civil rights restored, or any misdemeanor involving moral turpitude, within the past three (3) years.

(2)

The person is a user of alcohol or drugs whose current use would constitute a direct threat to property or the safety of others.

(c)

The County Manager shall have the right to inspect the results of any criminal background review, and issue a notice of violation to the certificate holder if the background review reveals that, at the time of hiring a driver, emergency medical technician or paramedic is not in compliance with this section and has continued to be under their employ as such.

(d)

Vehicle operating permit. Before any ground or air ambulance is operated under the authority of the certificate, the certificate holder shall make separate application to the County Manager for a permit for each ground or air vehicle to be operated pursuant to said certificate. Each permit application shall be in writing, verified by the certificate holder and shall contain the name and address of the certificate holder, the certificate number and the make, type, year of manufacture, serial number, vehicle number and State license plate number of each active or reserve vehicle for which a permit is desired. Upon payment of an annual permit fee, as specified by administrative order, the County Manager shall issue to the applicant an annual permit; provided that any private ground vehicle so permitted has successfully passed a vehicle inspection as set forth in Section 4-8(e), is the type of vehicle authorized by such certificate, and is insured as required by Section 4-6. The County Manager shall only authorize an operating permit for a new ground or air vehicle that is being phased in as provided in Section 4-4(e) if the applicant presents sufficient evidence at the time of application, as determined by the County Manager, of adequate liquid assets to sustain the new operation for an eighteen (18) month start-up period. Subsequent to filing the initial permit application for each vehicle with the County, the certificate holder shall only complete an additional permit application when removing an existing vehicle from service and/or entering an additional or different vehicle into service. Before December 31st of each year, each certificate holder shall attest to the number of units in operation on a form provided by the County.

(1)

Each permit issued hereunder shall be separately numbered and shall expire December 31st of each year, and may be renewed upon payment of the fee prescribed in subsection (d) of this Section. It shall be unlawful to operate any vehicle required to have an operating permit without such a current valid permit displayed within the vehicle. Such permit shall be available for inspection by any authorized personnel or police officer.

(2)

Permits issued hereunder shall not be transferable or assignable.

(e)

Vehicle inspection for compliance. Certificate holders shall have each private ground vehicle annually inspected by the County for compliance with safety and sanitation requirements of Florida Statutes. Air ambulance units shall comply with the inspection requirements of the State of Florida. Within thirty (30) days of a State inspection, air ambulance certificate holders shall provide a copy of the most recent State inspection report form and any other inspection-related documentation to the County.

(f)

Use of lights and siren. Certificate holders are prohibited from operating a vehicle with lights and siren for responses to calls received as nonemergencies.

(g)

Hospital-based air ambulance transports. A hospital-based air ambulance shall only transport patients between medical facilities licensed in accordance with Florida Statutes and equipped with FAA approved and DOT licensed helipads within Miami-Dade County upon:

(1)

Certification by the treating physician that ground transport would likely result in deterioration in the patient's condition; and

(2)

Miami-Dade Air Rescue is unable to transport or declines to transport the patient.

(h)

The County Manager may establish supplemental rules and regulations not inconsistent with the requirements of this article.

(i)

Whenever in this article a fee is charged or is required to be paid, the amount of such fee shall be established by administrative order of the County Manager approved by the Commission. Such fees shall be deposited in a separate Miami-Dade County fund and shall be used exclusively to accomplish the regulatory purposes of this article. The amount of each fee established hereunder shall be reasonably related to the cost of the services and regulation provided.

(j)

Only governmental fire rescue entities shall be authorized to perform as the first responder within the territorial limits or airspace of Miami-Dade County, except as provided otherwise in a countywide emergency and non-emergency ambulance service and non-emergency medical transportation vehicle service contract between one or more private ambulance providers and Miami-Dade County, or in a contract in existence as of January 1, 2000 between a municipality and an ambulance service.

(k)

The transportation of more than one patient in one ambulance vehicle shall be prohibited, except that this Section shall not apply to transportation pursuant to a contract between a certificate holder and Miami-Dade County or to transportation pursuant to direction by the Fire Chief having territorial jurisdiction.

(l)

Active and reserve ground vehicles for private certificate holders. A certificate shall authorize a specific number of active and reserve vehicles. At no time shall a certificate holder operate more than a specified number of authorized active vehicles or maintain more than a specified number of authorized reserve vehicles. For new applicants, the County may authorize a number of reserve vehicles equivalent to up to twenty (20) percent of the active vehicle fleet, rounded off to the nearest whole vehicle. Certificate holders with certificates issued prior to the date of enactment of this ordinance whose certificates do not designate the number of reserve units included in the number of authorized vehicles shall specify the number of reserve units, within thirty (30) days from the effective date of this ordinance, which number shall not exceed twenty (20) percent of the active vehicle fleet. A new certificate shall be issued to the certificate holder authorizing a specific number of active and reserve units upon compliance with this subsection. Failure of an existing certificate holder to designate the number of reserve units within the specified time period as provided herein shall subject the certificate holder to probation, revocation or suspension as provided in Section 4-10.

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