Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Resilient Environment Division: Consumer Protection Division
Information
Requested Action
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MOTION TO APPROVE or deny award of a new Class 3 - Basic Life Support (BLS) Transport Certificate of Public Convenience and Necessity to Angelet’s Non-Emergency Wheelchair Transport LLC (“company”), with award contingent on the company entering into an agreement with the County, for future consideration by the Board, to establish ambulance transport rates, a fee forgiveness program, and a mechanism to defray the administrative costs of monitoring the company.
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Why Action is Necessary
Pursuant to Chapter 3½-6(f) of the Broward County Code of Ordinances, a public hearing must be held to consider the award or denial of a Certificate of Public Convenience and Necessity.
What Action Accomplishes
Provides the Board of County Commissioners with an opportunity to receive public comments concerning an applicant seeking to provide Class 3 - BLS Transport services within Broward County.
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Previous Action Taken
February 25, 2025, Motion to Direct the County Administrator to publish notice of an April 1, 2025 public hearing.
Summary Explanation/Background
THE RESILIENT ENVIRONMENT DEPARTMENT AND THE CONSUMER PROTECTION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
Chapter 3½ of the Broward County Code of Ordinances (Code) requires that a Certificate of Public Convenience and Necessity (COPCN) be obtained from the County prior to a person, firm, corporation, or association providing BLS services within Broward County, Florida. Approval of the motion awards a Class 3 - BLS Transport COPCN to Angelet’s Non-Emergency Wheelchair Transport LLC (Applicant). A Class 3 - BLS Transport COPCN is valid for the time period established by the Board, not to exceed five years.
The Consumer Protection Division acts as the designee of the County Administrator for the purpose of reviewing and processing applications for Class 3 - BLS Transport COPCNs. The application process is promulgated through rules and regulations set forth in Chapter 3½ of the Code. The full application, including the exhibits, is maintained by the Consumer Protection Division.
The Consumer Protection Division has received and reviewed the application from the Applicant (Exhibit 1) and has determined that the Applicant is in compliance with the requirements set forth in Chapter 3½-6(a) through (c) of the Code.
Pursuant to Chapter 3½-6(e) of the Code, the Emergency Medical Services (EMS) Review Committee of the Broward Regional EMS Council reviewed the above application on December 5, 2024, and recommended denial of the COPCN to the Applicant (Exhibit 2).
Pursuant to Chapter 3½-6(g) of the Code, the Broward County Office of the Medical Examiner and Trauma Services has reviewed the above application as the local trauma agency, and recommends denial of the COPCN, as further explained in Exhibit 3.
Pursuant to Chapter 3½-6(f) and (g) of the Code, the Board of County Commissioners must hold a public hearing to consider a pending application for a certificate and determine whether the public convenience and necessity of the residents of Broward County would be best served by granting or denying the application. In making its determination, the Board considers the items in Section 3½(d) of the Code and the following:
(1) The recommendations of the County Administrator or designee and the County’s local trauma agency;
(2) The adequacy of the management plan of the applicant;
(3) The benefits that will accrue to the public interest from the proposed service including, but not limited to the community’s need for additional service (the applicant has the burden of proving that there is such a need by providing verifiable documents and other evidence);
(4) The results of a County-conducted survey of the community’s needs;
(5) Any recommendations from municipalities within Broward County;
(6) All relevant matters presented at the public hearing; and
(7) Other matters deemed to be in the best interests of the public health, safety, welfare, convenience, and necessity of the residents of Broward County.
If the Board of County Commissioners approves the Applicant to receive the Class 3 - BLS Transport COPCN, the Consumer Protection Division will conduct a review of the remaining requirements (e.g., vehicle inspections and personnel requirements, adequate insurance) pursuant to Chapter 3½ of the Code for compliance relating to emergency medical services transportation, and the Broward County Office of the Medical Examiner and Trauma Services will ensure the approval of a contractual agreement between the County and the Applicant.
Accordingly, the Consumer Protection Division presents this COPCN to the Board for its consideration (Exhibit 4).
Source of Additional Information
Philip McChesney, Director, Consumer Protection Division, 954-519-1223.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.