Legislative Matter

Miami-Dade Legislative Item
File Number: 100073

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Clerk's Official Copy

File Number: 100073

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 10-02

Control: Board of County Commissioners

File Name: AMEND 4-7 AMBULANCES & MEDICAL TRANSPORTATION VEHICLES

Introduced: 1/13/2010

Requester: NONE

Cost:

Final Action: 1/21/2010

Agenda Date: 1/21/2010

Agenda Item Number: 7C

Notes:

6 WKS/4WKS REQUIRED

Title:

ORDINANCE RELATING TO AMBULANCES AND MEDICAL TRANSPORTATION VEHICLES; AMENDING SECTION 4-7 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT RATES CHARGED BY MUNICIPAL GROUND AMBULANCE CERTIFICATE HOLDERS SHALL BE DETERMINED BY RESOLUTION ADOPTED BY CITY COMMISSION; PROVIDING THAT APPROVED RATES BECOME EFFECTIVE WHEN FILED WITH CONSUMER SERVICES DEPARTMENT WITHIN SPECIFIED TIME PERIOD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 092628]

Indexes:

AMBULANCE REGULATIONS

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Government Operations Committee

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	1/21/2010	7C	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance as presented.

County Attorney	1/13/2010		Assigned	Gerald K. Sanchez

Government Operations Committee	12/8/2009	3A Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Daniel Frastai read the foregoing proposed ordinance into the record. Chairman Gimenez opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. After hearing no one, he closed the public hearing. Commissioner Sosa expressed concern regarding different rates for ambulance services being charged by the various municipalities and Unincorporated Miami-Dade County. She noted a disparity in service cost would be established by allowing municipalities to determine ambulance rates. Commissioner Diaz, sponsor of this proposed ordinance, said municipalities wishing to increase ambulance rates should do so without approval of the County Commission and rate increases should be filed with the Consumer Services Department. Commissioner Sosa said the information she received differed from the information provided by Commissioner Diaz, and if that was the case, a fair, equal, balanced cost must be established countywide. She noted she could not support a disparity in service cost. Chairman Gimenez noted his understanding was that this proposed ordinance only pertained to municipalities with their own fire rescue departments; therefore, those municipalities operating their own fire rescue services would be allowed to establish fire rescue service rates. He noted the private ambulance rates would remain as a uniform, countywide rate set by the County Commission. Ms. Cathy Peel, Director, Consumer Services Department, confirmed that Miami-Dade County set the private ambulance rates and they were uniform countywide. Commissioner Sosa asked staff to identify the language in this proposed ordinance that authorized municipal governments with their own fire departments to set their rates. In response to Commissioner Sosa’s inquiry, Assistant County Attorney Gerald Sanchez referenced subsection (d): “Ambulance Rates Charged by Municipalities.” He noted it would only apply where the municipality itself was charging the rate and that would apply to municipal fire departments. Commissioner Sosa asked that language be modified to include “only municipal governments having a fire department.” Assistant County Attorney Sanchez noted he would add the following language: “all ambulance rates charged by a municipal fire department in Miami-Dade County.” Commissioner Diaz accepted the proposed amendment. Hearing no further comments or questions, it was moved by Commissioner Diaz that this proposed ordinance be amended to add the following language to Section 1, subsection (d): “all ambulance rates charged by a municipal fire department in Miami-Dade County." This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 5-0, (Commissioner Martinez was absent).

Legislative Text

TITLE
ORDINANCE RELATING TO AMBULANCES AND MEDICAL TRANSPORTATION VEHICLES; AMENDING SECTION 4-7 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT RATES CHARGED BY MUNICIPAL GROUND AMBULANCE CERTIFICATE HOLDERS SHALL BE DETERMINED BY RESOLUTION ADOPTED BY CITY COMMISSION; PROVIDING THAT APPROVED RATES BECOME EFFECTIVE WHEN FILED WITH CONSUMER SERVICES DEPARTMENT WITHIN SPECIFIED TIME PERIOD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 4, Article I of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
CHAPTER 4
AMBULANCES AND MEDICAL TRANSPORTATION VEHICLES
ARTICLE I. IN GENERAL

* * *

Sec. 4-7. Rates.

(a) Rates to be charged. It shall be unlawful for any certificate holder to charge, demand, request, or accept any fare other than the rates established pursuant to this ordinance except as may be provided by: (1) Federal law; (2) 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, (3) by resolution adopted by the Board approving a lower uniform rate to provide private inter-facility transfer of indigent or Medicaid patients to or from a state-designated and licensed rural hospital, as specified in Section 395.602(2)(e)4, Florida Statutes, where said rate has been negotiated by the hospital and a private certificate holder. Rates established by this chapter shall be applicable throughout Miami-Dade County, both in the incorporated and unincorporated areas, without regard to any municipal boundaries. Every ambulance shall have posted in a conspicuous place, readily visible to the occupants, a schedule showing all authorized rates.

(b) Ambulance and air ambulance rates. All ambulance and air ambulance rates shall be established by the commission after public hearing. The manager shall investigate all requests for rate changes and prepare a report for the commission's consideration.

(c) Private ground ambulance rates. All private ground ambulance rates shall be uniform among all certificate holders, except as provided in Section 4-7(a).

>>(d) Ambulance Rates Charged by <<[[Municipalities]] >>Municipal Fire and/or Rescue Departments<<. >>Notwithstanding the foregoing, all ambulance rates charged by a <<[[municipality]]>>municipal fire and/or rescue department<< >>in Miami-Dade County shall be established by resolution adopted by each city commission after a public hearing. Ambulance rates charged by<< [[municipalities]]>>municipal fire and/or rescue departments<< >>shall not be subject to approval by the Board of County Commissioners. Each municipality which adopts a resolution establishing a schedule of ambulance rates<< >>for a municipal fire and/or rescue department<< >>shall provide the Miami-Dade County Consumer Services Department with a copy of the resolution approving any rate change as well as the schedule of rates within thirty (30) days after the adoption of the resolution authorizing the rate change. Rate changes adopted by<< [[municipalities]] >>municipal fire and/or rescue departments<< >>after the effective date of this ordinance shall only become effective when filed with the Consumer Services Department as provided for in the preceding sentence. Every ambulance shall have posted in a conspicuous place, readily visible to the occupants, a schedule showing all authorized rates.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.

2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.