§ 15-148. Certificate revocation, modification, suspension or affirmation.

(a)

Every certificate of public convenience and necessity issued pursuant to this division is subject to revocation, modification or suspension when it is found that:

(1)

The certificate holder has failed or neglected to render services as required by the certificate, or the rules and regulations promulgated under Florida Statutes, Chapter 401, or

(2)

The application by which the certificate was secured contained false representations or omitted material facts, or

(3)

The certificate holder or its agent has demanded money or other compensation in excess of that established in its schedule of fees or rates filed with the board, or

(4)

The certificate holder has been convicted of a crime which renders the certificate holder of such character and conduct which fail to meet standards of conduct considered appropriate in the licensed activity. In determining whether to revoke, suspend or modify a certificate holder's certificate, the board shall consider the following factors:

a.

The nature and seriousness of the offense.

b.

The circumstances under which the crime occurred.

c.

The operator has failed or neglected for a period of three days during any calendar year to render all services authorized by this certificate;

d.

The certificate was obtained by an application in which any material fact was omitted or falsely stated;

e.

The operator has permitted any motor vehicle to be operated in violation of law;

f.

The operator has failed to comply with any of the provisions of this division;

g.

The public interest will be best served by revocation, alteration or suspension of any certificate upon good cause shown;

h.

The operator or his agent has demanded money or compensation other than that established and prescribed by this division;

i.

The operator has, without sufficient justification, failed or refused to furnish emergency care and/or transportation promptly for a sick or injured person;

j.

The operator has given or allowed a rebate, commission or any reduced rate discount not provided for in the rates established and prescribed;

k.

The operator or his agent has been guilty of malpractice or negligence in the operation of its service. The operator has not met, upheld or maintained the established standard of advanced life support care based on American Hospital Association standards, Chapter 401, Florida Statutes, and the medical director's protocol.

l.

Proceedings for revocation, alteration or suspension of a certificate shall be undertaken by the board in the same manner as proceedings for issuance of a certificate. All complaints shall be investigated within 21 days, and a report thereon made to the board, together with findings and recommendations. If revocations, suspension or alteration of any certificate appears warranted, the board shall give five days notice to the operator holding the certificate that the same will be considered at a specific board meeting, provided the date of such meeting shall not be less than five days from the date of the notice. The board shall thereupon undertake to consider the complaint and either revoke, suspend or alter the certificate or dismiss the complaint.

m.

It is the intent of this division to ensure quality medical care and transportation within the county as covered by the classification defined herein without regard to the patient's ability to pay for said services, and therefore, it shall be grounds for revocation or suspension of the operator's certificate if said operator inquires about the person's method of, or ability to pay for said services before the operator's transport vehicle arrives to treat and transport the patient. Lack of medical necessity is sufficient grounds for operator's refusing transport, and is not deemed a violation of this division. No licensee under this division may refuse medical services based on the patient's ability or inability to pay.

(Ord. No. 93-45, § 8, 9-28-93)