§ 7.3-10. Certificate revocation, modification and suspension/proceedings.

(a)

Every certificate issued under this chapter shall be subject to revocation, alteration or suspension by the board where it shall appear that the certificate holder has not complied with the requirements of the certificate and the public interest so requires. It shall be a violation of this chapter as well as cause for revocation, modification, or suspension of a certificate, if it is found that:

(1)

The certificate holder intentionally obstructs, bars or otherwise interferes with an inspection conducted under the purview of this chapter;

(2)

The certificate holder knowingly, by telephone or otherwise, causes to be placed or places a false emergency or nonemergency transport medical call;

(3)

The certificate holder represents herself, himself, or itself as holding a certification designation which the certificate holder does not hold;

(4)

The certificate holder operates an ambulance or non-transport vehicle that does not meet the requirements of Chapter 401, Florida Statutes, Chapter 64J-1, Florida Administrative Code, or this chapter;

(5)

The certificate holder has failed or neglected to render services in compliance with the certificate, this chapter, Chapter 401, Florida Statutes, or Chapter 64J-1 Florida Administrative Code;

(6)

The certificate holder knowingly makes an omission of a material fact or a false statement in any application, renewal application or other document filed with the fire chief;

(7)

The certificate holder or any officer, principal or owner thereof has been convicted of a felony; provided, that in determining whether to revoke, suspend or modify a certificate holder's certificate hereunder, the standing committee shall consider both the nature and seriousness of the offense and the circumstances under which the felony occurred;

(8)

The certificate holder has failed or neglected for a period of thirty (30) consecutive days during any calendar year to provide all services authorized by its certificate;

(9)

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

(10)

The certificate holder has failed to comply with any of the provisions of this chapter, Chapter 401, Florida Statutes, or Chapter 64J-1, Florida Administrative Code;

(11)

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

(12)

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

(13)

The certificate holder or the certificate holder's agent has been adjudicated guilty of malpractice or negligence by a court of competent jurisdiction in the operation of the certificate holder's services;

(14)

The certificate holder uses lights and sirens to respond to a medical call in violation of section 7.3-18;

(15)

The certificate holder falsifies the nature of the medical call to justify the use of an emergency response involving lights and sirens;

(16)

The certificate holder has failed to comply with a deficiency correction notice issued by the fire chief;

(17)

The certificate holder has been found by a court of competent jurisdiction guilty of any criminal offense involving moral turpitude;

(18)

The certificate holder has had its state license revoked or suspended; or

(19)

The certificate holder has received its fourth deficiency correction notice; or.

(20)

The certificate holder fails to follow a lawful order of the fire chief or his designee.

(b)

A separate and distinct offense shall be deemed to occur per prohibited act, per day, for as long as the offense is not corrected.

(c)

Complaints about the services of a certificate holder must be in writing and shall be directed to and received by the fire chief, or may be generated in-house by Clay County Fire Rescue. The fire chief shall record the receipt of the complaint, and shall then direct Clay County Fire Rescue staff to investigate the same and make a recommendation as to what action, if any, should be taken within fifteen (15) days thereof. Copies of the complaint shall be sent to the certificate holder. Clay County Fire Rescue staff shall be provided access to the certificate holder's business, personnel, and documents to assist in an investigation. The fire chief shall forward a copy of the investigation and enforcement action, if ultimately taken, to the certificate holder.

(d)

If the fire chief finds that a violation of this chapter has occurred, then the fire chief shall issue a deficiency correction notice stating the facts upon which it is based, providing a time within which the violation must be corrected, and the ramifications for failure to do so. This notice shall be delivered by certified mail, return receipt requested, or by hand delivery.

(e)

Upon the occurrence of events necessitating the delivery of the fourth deficiency correction notice to the certificate holder, the fire chief shall promptly notify the certificate holder and the standing committee, in writing, that the certificate is subject to revocation, suspension or modification as a result and provide a time, date and place of a public hearing before the standing committee regarding same. The hearing shall not be set any sooner than seven (7) business days after notice thereof is given to the certificate holder, via certified mail, return receipt requested, or by hand delivery. The fire chief shall cause to be published in a newspaper, at least seven (7) days in advance thereof, a notice of the time, date and location of the public hearing to be held before the standing committee.

(f)

The standing committee shall conduct a hearing on the revocation, suspension or modification of the certificate. The certificate holder shall be entitled to appear, be heard, be represented by counsel, present witnesses and evidence, cross-examine witnesses, and present argument. Clay County Fire Rescue may also present witnesses and evidence, cross-examine witnesses, and present argument.

(g)

Following the hearing, the standing committee shall make findings regarding whether the certificate holder's certificate should be revoked, suspended or modified. The standing committee's recommendation to the board shall be based upon competent, substantial evidence presented at the hearing.

(h)

The fire chief shall place the recommendation of the standing committee on the next available agenda of a regular meeting of the board for ratification. The fire chief shall notify the certificate holder in writing via certified mail, return receipt requested, of the time, date and place of consideration of the matter by the board. If the standing committee recommends an adverse result, then the certificate holder shall be entitled to appear before the board, be heard, be represented by counsel, present witnesses and evidence, cross-examine witnesses, and present argument. Clay County Fire Rescue may also present witnesses and evidence, cross-examine witnesses, and present argument. The decision of the board shall be based upon competent, substantial evidence presented at the hearing. Following the hearing, the board shall approve, disapprove, modify, or amend the recommendation of the standing committee and may take whatever action it deems appropriate under the circumstances.

(Ord. No. 99-25, § 2, 5-25-99; Ord. No. 07-14, § 1(Exh. A), 3-13-07; Ord. No. 2018-23, § 1, 5-22-18)