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HomeMy WebLinkAboutItem 23 Second Reading of an Ordinance Establishing an Enterprise Fund and EMS Division City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 21, 2026 Item #: 23 Contact Name: Charles Van Camp Department Director: Thomas Smothers Contact Number: Ext. 2006 City Manager: Craig Shadrix Subject: Second Reading of an Ordinance Establishing an Emergency Medical Services Division and Emergency Medical Services Enterprise Fund and Approval of a Resolution Adopting Rates, Charges, and Fees for EMS Services and Transport. (Fire Chief Smothers) Background Summary: The first reading of the ordinance was held on July 7, 2026. The proposed ordinance creates an Emergency Medical Services Division within the Ocoee Fire Department and establishes an Emergency Medical Services Enterprise Fund to provide financial transparency, accountability, and long-term sustainability for the City's ambulance transport and emergency medical services operations. The ordinance does not create a separate public safety department and does not alter the Fire Department's responsibility for providing emergency medical response services. Firefighters, fire apparatus, and fire-rescue personnel will continue to respond to and provide emergency medical care throughout the City in accordance with established operational procedures. The EMS Division is being established primarily to: • Improve financial management and accountability of EMS revenues and expenditures; • Establish a dedicated enterprise fund for ambulance transport operations, thus reducing the financial obligations of the general fund; • Enhance transparency regarding EMS billing, reimbursement, and supplemental funding programs; • Support long-term planning for ambulance, equipment, and technology replacement; • Provide a mechanism for reinvesting EMS-generated revenues directly back into EMS operations; • Position the City to maximize participation in federal and state reimbursement programs, including Medicaid supplemental payment programs and Public Emergency Medical Transportation (PEMT) opportunities. The Ocoee Fire Department currently provides fire suppression, emergency medical response, and advanced life support ambulance transport services to the community. Over the last several years, EMS call volume, transport demand, and associated operational costs have continued to increase. While EMS revenues and expenditures are currently accounted for within the City's General Fund, establishing an enterprise fund will provide greater transparency regarding: City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org • Ambulance transport revenues; • Billing and collection activities; • Personnel and operational costs associated with EMS; • Capital replacement needs; • Supplemental reimbursement revenues; and • Long-term financial sustainability. Enterprise funds are commonly utilized by municipalities to account for services that generate revenues through fees and reimbursements while allowing revenues to be reinvested directly into the service provided. The ordinance also authorizes the City Commission to adopt ambulance transport rates, fees, billing policies, and cost recovery policies by resolution and allows the City to participate in federal, state, and intergovernmental reimbursement programs to maximize available funding opportunities. The EMS Enterprise Fund will become operational for accounting and budgetary purposes on October 1, 2026. RESOLUTION ADOPTING RATES, CHARGES, AND FEES FOR EMS SERVICES AND TRANSPORT: The proposed rate resolution establishes a schedule of rates, charges, and fees for the provision of emergency ground medical transportation and related services. The resolution allows for an annual adjustment in accordance with the CPI-I, as developed by the Bureau of Labor Statistics of the U. S. Department of Labor. Issue: Should the Honorable Mayor and City Commission approve the proposed ordinance amending Chapter 78 of the City Code and creating Chapter 79 to establish an Emergency Medical Services Division and Emergency Medical Services Enterprise Fund within the Ocoee Fire Department and approve a resolution adopting rates, charges, and fees for EMS services and transport? Recommendations: Staff recommends that the Honorable Mayor and City Commission approve the proposed ordinance amending Chapter 78 of the City Code and creating Chapter 79 to establish an Emergency Medical Services Division and Emergency Medical Services Enterprise Fund within the Ocoee Fire Department and approve a resolution adopting rates, charges, and fees for EMS services and transport. Attachments: 1. EMS Division Enterprise Fund Ordinance 2. Resolution Adopting EMS Rates 3. Business Impact Estimate - EMS Enterprise Fund 2026 4. Advertisement Financial Impacts: The creation of the EMS Enterprise Fund will establish a separate accounting structure for EMS revenues and expenditures and will allow the City to: • Account for EMS revenues and expenditures separately from the General Fund; • Improve financial reporting and budgeting transparency; • Retain EMS-generated revenues for EMS purposes; City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org • Establish reserves for ambulance and equipment replacement; and • Improve the long-term financial sustainability of EMS operations. The adoption of the proposed Rate Resolution will establish basic rates, charges, and fees for emergency medical transport and services. Type of Item: Second Reading Public Hearing 1 ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 78, “FIRE PREVENTION AND EMERGENCY MEDICAL RESPONSE,” OF THE CITY OF OCOEE CODE OF ORDINANCES BY RENAMING CHAPTER 78, FIRE PREVENTION AND CREATING A NEW CHAPTER 79, ENTITLED EMERGENCY MEDICAL SERVICES DIVISION; ESTABLISHING AN EMERGENCY MEDICAL SERVICES ENTERPRISE FUND; PROVIDING FOR THE ADMINISTRATION, OPERATION, ACCOUNTING, BUDGETING, BILLING, COLLECTION, AND USE OF REVENUES RELATED TO EMERGENCY MEDICAL SERVICES, AMBULANCE TRANSPORTATION, TREATMENT, AND RELATED SERVICES; AUTHORIZING THE CITY COMMISSION TO ADOPT RATES, FEES, CHARGES, BILLING POLICIES, AND COST RECOVERY POLICIES BY RESOLUTION; AUTHORIZING PARTICIPATION IN FEDERAL, STATE, AND INTERGOVERNMENTAL EMS REIMBURSEMENT AND SUPPLEMENTAL PAYMENT PROGRAMS; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; PROVIDING FOR IMPLEMENTATION, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Chapters 163 and 166, and Section 166.021, Florida Statutes, the City of Ocoee possesses Home Rule authority to “conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law”; and WHEREAS, the Ocoee Fire Department is the City's authorized provider of fire protection, emergency medical response, and ambulance transport services within the City, as provided by law and City ordinance; and WHEREAS, the City Commission desires to update and amend Chapter 78 of the existing Code of Ordinances and create a new Chapter 79 in its entirety with new text, to establish a formal Emergency Medical Services Division within the Ocoee Fire Department and an Emergency Medical Services Enterprise Fund to support the administration, operation, financial management, and long-term sustainability of the City's emergency medical services system; and WHEREAS, the City Commission finds that the creation of an Emergency Medical Services 2 Division is intended solely to improve the administration, coordination, financial management, billing, reimbursement, and accountability of ambulance transportation and related EMS operations and is not intended to diminish, alter, or separate the provision of emergency medical response services by Fire Department personnel, engines or other fire-rescue resources; and WHEREAS, the City Commission recognizes that the EMS Enterprise Fund shall receive revenues from fees, reimbursements, grants, transfers, appropriations, and other lawful sources and is not required to be fully self-supporting in every fiscal year; and WHEREAS, the City Commission finds that this Ordinance promotes the public health, safety, and welfare of the City and that any fees or charges authorized herein shall be imposed only as permitted by applicable law. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City of Ocoee has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166 and 633, Florida Statutes. SECTION 2. Amendment of Chapter 78 and creation of a new Chapter 79. The Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows: amendments to Chapter 78 are indicated by underlined text for additions and strikethrough text for deletions. Provisions not shown, or not otherwise underlined or stricken, remain unchanged. In addition, a new Chapter 79 is hereby created as follows: See Exhibit “A” attached hereto and by this reference made a part thereof. SECTION 3. Initial implementation and transition. The City Manager and Finance Director are authorized to establish the initial EMS Enterprise Fund budget, accounting structure, account codes, reporting procedures and administrative controls through the City’s annual budget process or by budget amendment. EMS revenues earned, billed, received, accrued, or otherwise attributable to EMS services on or after the implementation date established under this ordinance shall be deposited into and accounted for within the EMS Enterprise Fund. The City Manager and Finance Director may identify, assign, transfer and account for existing EMS- related receivables, reserves, budget appropriations, capital assets and other financial activity within the EMS Enterprise Fund to the extent consistent with applicable accounting standards, City policy, and the adopted budget. 3 Any reserves, net position, accumulated balances, appropriations, or other financial resources assigned to the EMS Enterprise Fund pursuant to this section shall thereafter be subject to the provisions of the new Chapter 79 of the Code of Ordinances, as amended, governing the retention, use, and administration of EMS Enterprise Fund monies. Nothing in this section shall be construed to require the transfer, lapse, reversion, or redistribution of EMS-related revenues, reserves, retained earnings, net position, or accumulated balances to the General Fund solely as a result of the implementation of this Ordinance. SECTION 4. Conflicting Ordinances. This ordinance prevails in the event of any inconsistency with all ordinances or parts of ordinances in conflict herewith. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance attached as Exhibit “A” shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word “ordinance” may be changed to “chapter,” “section,” “article,” or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall take effect immediately upon adoption by the City Commission of the City of Ocoee, except that the EMS Enterprise Fund shall become operational for accounting and budgetary purposes on October 1, 2026. PASSED AND ADOPTED this _____ day of _______________, 2026. Space intentionally left blank 4 ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ______ day of _____________________, 2026. FISHBACK DOMINICK By: Richard S. Geller, City Attorney APPROVED BY THE OCOEE CITY COMMISSION ON _________________, 2026. UNDER AGENDA ITEM NO. _______ 5 Exhibit “A” Chapter 78 – Fire Prevention and Emergency Medical Response. § 78-1. – Authority; purpose. The Ocoee Fire Department (“Fire Department”) is hereby confirmed and recognized as a separate department of the City and as the lead agency for fire suppression, and fire prevention, and emergency medical response. § 78-2. - Applicability. This chapter shall apply and be in force and effect within all of the incorporated areas of the City. § 78-3. - Administration; delegation. The City of Ocoee Fire Chief (“Fire Chief”) shall be the administrative official for the provisions of this chapter. Whenever a provision appears requiring the Fire Chief, the Fire Department, or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Fire Chief or other officer to designate, delegate, and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. § 78-4. - Permitting and inspection. The inspection or permitting of any building, system, or plan by the City of Ocoee, under the requirements of this chapter and the Florida Fire Prevention Code, shall not be construed in any court as a warranty of the physical condition of such building, system, or plan or their adequacy. Neither the City nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system, or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting, unless the employee is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard for safety, health, and welfare of the public. § 78-5. - Construal of permit; validity; effect. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter or the Florida Fire Prevention Code. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except so far as the work or use which it authorizes is lawful. The issuance of a permit upon plans and specifications shall not prevent the Fire Department from thereafter requiring the correction of errors in such plans and specifications nor from prohibiting the 6 starting or continuance of work thereunder when in violation of this chapter or of any other provisions of this chapter or of the Florida Fire Prevention Code. § 78-6. - Enforcement. The procedures set forth in Chapter 7, Enforcement of Code, shall apply to this chapter. § 78-7. - Penalties for offenses. Any person violating any provision of the chapter shall, upon conviction, be punishable as provided in § 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense. § 78-8. - Reserved. § 78-9. – Plan review; permits; inspections; fees. A. The Fire Department shall perform a review of pertinent building plans and specifications submitted to the Development Services Department in order to determine whether such plans and specifications comply with the Florida Fire Prevention Code, as described by the current version adopted under the authority of section 633.202, Florida Statutes, as it may be amended from time to time, and this chapter. B. Separate permits shall be required for fire protection systems. C. The City Commission may adopt by resolution a schedule of plan review fees to be paid by building permit applicants to reimburse the City for the Fire Department’s cost of conducting plan reviews. If any such fee is based on the value of construction, that basis shall be as established by the Building Official in a manner consistent with the Florida Building Code. Plan review fees shall be collected by the Development Services Department as part of their standard permitting process. D. Fee exceptions. (1) Plan review fees shall not be levied for building permits when no construction plans or drawings are required as part of the application process. (2) There shall be no additional charge for an initial inspection conducted by the Fire Department beyond the fee imposed for plan review. § 78-10. – Re-inspections; fees. A. If, upon initial inspection, the Fire Department shall find work not in compliance with the Florida Fire Prevention Code and/or this chapter, the person doing said work shall promptly do everything necessary to bring said work into compliance with the requirements of the Florida Fire Prevention Code and this chapter. The Fire Department shall then, upon notification by the permit holder and payment of any re-inspection fee imposed by 7 resolution of the City Commission, re-inspect said work to check for compliance. The fee schedule adopted by a resolution of the City Commission may impose a higher fee for the second and subsequent re-inspections. B. Re-inspection fees shall be collected by the Development Services Department as part of their standard construction inspection process. § 78-11. – Secured Access Systems Required . A. All commercial buildings protected with an approved sprinkler system or fire alarm system, or as determine by the authority having jurisdiction, shall be equipped with an exterior key box, approved by the authority having jurisdiction, to allow for access by responder emergency personnel after normal operating hours. B. Emergency access to gated subdivisions shall be as provided in Section 153-5.7 of the City of Ocoee Code of Ordinances. § 78-12. – Special Events Information relating to regulation of Special Events is found in Chapter 146, City of Ocoee Code of Ordinances. § 78-13. – Fireworks displays. Persons exhibiting fireworks displays shall first obtain a permit for such purpose from the Fire Department. The Fire Department shall conduct an inspection of fireworks displays and, upon failure of the display to satisfy the conditions of such an inspection, the persons exhibiting fireworks displays shall be subject to subsequent re-inspections following completion of any required corrective actions. Any fees related to such permits, inspections, or re-inspections shall be prescribed by resolution of the City Commission and collected by the Fire Department. § 78-14. – Emergency medical response services; fees. A. The Fire Department is authorized, as the primary and sole provider of emergency medical response services, including ambulance transport services, within the incorporated areas of the City, except as otherwise provided by mutual/automatic aid agreements, Fire Chief’s discretion, or by law. B. The City Commission may, by resolution, adopt a schedule of fees for emergency medical response and transport services provided by the Fire Department and/or its contractors. C. This section shall not operate to prohibit other licensed emergency medical service providers from providing emergency medical services within the incorporated areas of the City when responding to a 8 call for assistance under a current, duly authorized interlocal agreement of mutual aid or automatic aid. Chapter 79. EMERGENCY MEDICAL SERVICES DIVISION ARTICLE I. EMERGENCY MEDICAL SERVICES DIVISION AND EMS ENTERPRISE FUND § 79-1. Definitions. For purposes of this Article, the following words, terms, and phrases shall have the meanings set forth below, unless the context clearly indicates otherwise: Advanced Life Support Level 1 (ALS1) means ambulance transportation billed at the Advanced Life Support Level 1 rate under applicable Medicare billing guidelines. Advanced Life Support Level 2 (ALS2) means ambulance transportation billed at the Advanced Life Support Level 2 rate under applicable Medicare billing guidelines. Basic Life Support (BLS) means ambulance transportation billed at the Basic Life Support level under applicable Medicare billing guidelines. Emergency Medical Services Division or EMS Division means the division created within the Ocoee Fire Department pursuant to this Article. EMS Enterprise Fund means the enterprise fund established by this Article to account for the revenues and expenditures of the EMS Division. Emergency medical services vehicle shall have the meaning set forth in Chapter 401, Florida Statutes, as amended from time to time. EMS revenues means all revenues received by the City from ambulance transportation, patient care, billing reimbursements, grants, contracts, transfers, and other EMS-related activities. EMS services means basic life support, advanced life support, ambulance transportation, patient care, standby services, and related emergency medical services provided by the City. § 79.2. - Emergency medical response services; fees. A. The Fire Department is authorized, as the primary and sole provider of emergency medical response services and emergency ambulance transport services, within the incorporated areas of the City, except as otherwise provided by mutual/automatic aid agreements, Fire Chief's discretion, or by law. 9 B. The City Commission may, by resolution, adopt a schedule of fees for emergency medical response and transport services provided by the Fire Department and/or its contractors. C. This section shall not operate to prohibit other licensed emergency medical service providers from providing emergency medical services within the incorporated areas of the City when responding to a call for assistance under a current, duly authorized interlocal agreement of mutual aid or automatic aid. § 79.3. Emergency Medical Services Division created. There is hereby created an Emergency Medical Services Division within the Ocoee Fire Department. A. The EMS Division shall be under the administrative direction of the Fire Chief, subject to the supervision of the City Manager and the policy direction of the City Commission. B. The EMS Division shall not be a separate legal entity from the City. The EMS Division is established primarily to administer, coordinate, account for, and support ambulance transportation services, EMS reimbursement activities, EMS financial operations, and related EMS programs. Nothing in this Article shall be construed to remove emergency medical response responsibilities from the Fire Department or to diminish the role of firefighters, engines, or other Fire Department resources in providing emergency medical services. C. The creation of the EMS Division shall not be construed to establish a separate public safety department or to remove emergency medical response responsibilities from the Fire Department. Firefighters, fire apparatus, and other Fire Department personnel shall continue to provide emergency medical response services in accordance with City policy, operational procedures, and applicable law. D. The duties and responsibilities of the EMS Division may include, but are not limited to: (1) Providing, coordinating, and supporting EMS services within the City and within any service area authorized by law, agreement, contract, or other lawful arrangement. (2) Administering emergency medical response, ambulance transportation, patient care, interfacility transfer, EMS standby services, and related EMS operations. (3) Coordinating EMS personnel, training, certification, credentialing, medical direction, clinical quality assurance and improvement activities, operational protocols, records management, and regulatory compliance. (4) Obtaining and maintaining licenses, permits, certifications, approvals, agreements, and other requirements necessary for the lawful operation of EMS services. (5) Administering EMS financial, reimbursement, billing, revenue recovery, reporting, and related support functions. 10 (6) Coordinating participation in federal, state, local, contractual, and other lawful reimbursement, funding, or supplemental payment programs. (7) Developing and recommending billing policies, collection policies, hardship policies, financial assistance policies, and cost recovery policies for consideration by the City Manager and City Commission. (8) Preparing operating, capital, personnel, equipment replacement, technology, and reserve recommendations for the EMS Enterprise Fund. (9) Performing such other duties as may be assigned by the City Manager, Fire Chief, City Commission, or applicable law. § 79.4. Compliance with law; licensure. A. The EMS Division shall be responsible for administering and coordinating the operational, regulatory, billing, reimbursement, and compliance functions associated with the provision of EMS services, including obtaining and maintaining, on behalf of the City, all licenses, permits, certifications, provider enrollments, payer agreements, medical direction agreements, controlled substance authorizations, and other approvals required by applicable law or contract. B. The EMS Division shall operate in compliance with all applicable federal, state, and local laws, rules, regulations, permits, licenses, contracts, and payer requirements. C. The City shall obtain and maintain, through the EMS Division or as otherwise authorized by the City Manager, any emergency medical services license, vehicle permit, medical director agreement, controlled substance authorization, provider enrollment, billing number, payer agreement, or other approval required for the provision, billing, or reimbursement of EMS services. D. Nothing in this Article shall be construed to authorize the City to provide or bill for any EMS service unless all licenses, permits, authorizations, and approvals required by applicable law have been obtained and maintained. E. Emergency medical care shall not be delayed or denied based on a patient's ability to pay. § 79.5. EMS Enterprise Fund established. A. Establishment. There is hereby established an Emergency Medical Services Enterprise Fund (“EMS Enterprise Fund”) of the City of Ocoee. B. Purpose. 11 The EMS Enterprise Fund shall be used to account for the revenues, expenditures, assets, liabilities, fund balance, net position, capital assets, debt service, transfers, reserves, and other financial activity associated with emergency medical services, ambulance transportation, treatment, billing, reimbursement, and the operations of the EMS Division. Nothing in this Article shall be construed to limit or alter the Fire Department’s responsibility for providing emergency medical response services. C. Accounting and Administration. The EMS Enterprise Fund shall be maintained as a proprietary enterprise fund within the City’s financial accounting system. The Finance Director is authorized to assign the EMS Enterprise Fund an appropriate fund number and account structure consistent with applicable governmental accounting standards, the Florida Uniform Accounting System, the City’s accounting policies, and applicable law. The EMS Enterprise Fund may be maintained within the City’s pooled cash and investment system. Nothing in this Article shall require the creation of a separate bank account unless the Finance Director determines that a separate account is necessary or appropriate. D. Revenues. All revenues derived from or received in connection with EMS services, including fees, charges, reimbursements, grants, appropriations, transfers, contractual revenues, supplemental payment revenues, intergovernmental revenues, and other lawful funding sources, shall be deposited into and accounted for within the EMS Enterprise Fund unless otherwise required by law. E. Expenditures. The EMS Enterprise Fund may be used to pay costs associated with the administration, operation, maintenance, staffing, training, equipment, supplies, facilities, technology, debt service, capital improvements, reserves, and other lawful purposes of the EMS Division and EMS services as authorized through the City’s budgeting and appropriation processes. F. Fund Balance and Net Position. The net position, fund balance, reserves, retained earnings, and accumulated resources of the EMS Enterprise Fund are hereby dedicated to EMS purposes and shall be used solely for EMS-related operations, capital improvements, equipment replacement, debt service, reserves, and other lawful EMS purposes unless otherwise authorized by ordinance. The net position, fund balance, reserves, retained earnings, and accumulated resources of the EMS Enterprise Fund shall remain within the EMS Enterprise Fund and shall not lapse, revert, or be transferred to the General Fund solely by reason of the close of a fiscal year. G. Supplemental Funding. 12 The EMS Enterprise Fund may receive appropriations, transfers, grants, contributions, or other lawful funding from the City or other public or private sources. Unless expressly provided by ordinance or resolution of the City Commission, any appropriation, transfer, contribution, or funding provided to the EMS Enterprise Fund shall not constitute a loan and shall not create any obligation of repayment. H. Effective Operation. The EMS Enterprise Fund shall begin operation on October 1, 20__, or on such other date as may be established by the City Commission through the annual budget, budget amendment, or implementing resolution. § 79.6. EMS Enterprise Fund revenues. The following revenues shall be deposited into and accounted for within the EMS Enterprise Fund, unless otherwise required by law, contract, grant condition, bond covenant: 1. EMS transport fees, treatment fees, mileage charges, medical supply charges, standby charges, interfacility transfer charges, and other EMS user charges adopted by the City Commission. 2. Payments received from patients, responsible parties, insurers, Medicare, Medicaid, Medicaid managed care organizations, commercial payers, governmental payers, and other third-party payers. 3. Public Emergency Medical Transportation, Medicaid supplemental payment, managed care supplemental payment, intergovernmental transfer, certified public expenditure, cost settlement, or similar program revenues. 4. Revenues received under interlocal agreements, mutual aid agreements, automatic aid agreements, service contracts, standby agreements, special event agreements, or similar arrangements for EMS services. 5. Federal, state, regional, county, or private grants related to EMS services. 6. Donations, contributions, reimbursements, refunds, and recoveries related to EMS services. 7. Interest earnings and investment income attributable to the EMS Enterprise Fund, to the extent allocated by the Finance Director. 8. Transfers, appropriations, subsidies, grants, contributions, advances, or other funding from the General Fund, Fire Department budget, capital funds, grant funds, or other City funds as approved through the City’s budgetary and appropriation processes. 9. Any other lawful revenue source associated with the EMS Division. § 79.7. Retention of EMS revenues and fund balances. 13 All revenues deposited into the EMS Enterprise Fund, together with all net position, reserves, and accumulated fund balances, are hereby dedicated to EMS purposes. Such monies shall remain within the EMS Enterprise Fund and shall not lapse, revert, or be transferred to the General Fund solely as a result of fiscal year-end closing, excess revenues, accumulated reserves, or positive net position. § 79.8. Authorized uses of EMS Enterprise Fund monies. Monies in the EMS Enterprise Fund may be used for any lawful purpose related to the EMS Division, or the administration of the EMS Enterprise Fund, including but not limited to: 1. Personnel costs, overtime, benefits, training, certification, and credentialing. 2. Medical direction, quality assurance, quality improvement, clinical compliance, and medical oversight. 3. Ambulances, emergency medical services vehicles, staff vehicles, fleet costs, maintenance, fuel, insurance, replacement, leasing, and debt service. 4. Medical equipment, stretchers, monitors, defibrillators, radios, communications equipment, personal protective equipment, medications, medical supplies, durable medical equipment, and related assets. 5. Technology, software, hardware, electronic patient care reporting systems, billing platforms, records systems, and communications systems. 6. Billing services, claims processing, coding, payer enrollment, compliance consulting, collection services, legal services, audit services, cost reporting, actuarial services, rate studies, and financial consulting. 7. Contractual services, interlocal obligations, mutual aid reimbursements, standby costs, and operational support. 8. Administrative and indirect cost allocations payable to the General Fund or other City funds only to the extent such costs are directly attributable to, reasonably allocated to, or incurred in support of EMS operations, and are documented, budgeted, and consistent with applicable law and City policy. 9. Capital replacement reserves, operating reserves, revenue stabilization reserves, compliance reserves, payer recoupment reserves, and other reserves approved by the City Commission or established by City policy. 10. Refunds, overpayment returns, payer adjustments, claim corrections, write-offs, and other revenue cycle adjustments. 11. Any other lawful expense or obligation associated with the EMS Division, or the EMS Enterprise Fund. § 79.9. Rates, fees, and charges. 14 A. The City Commission may, by resolution, amend, repeal, or replace EMS rates, fees, charges, billing policies, collection policies, financial assistance policies, and cost recovery policies by resolution. Such rates, fees, and charges may include, but are not limited to: (1) Basic life support transport charges. (2) Advanced life support transport charges. (3) Specialty care transport charges, if applicable. (4) Mileage charges. (5) Treatment charges. (6) Medical supply charges. (7) Standby or special event EMS charges. (8) Interfacility transfer charges. (9) Contract service charges. (10) Administrative charges, to the extent permitted by law. (11) Other EMS-related charges permitted by applicable law. B. The City Commission may establish different rates or billing classifications based on service level, payer requirements, federal billing codes, medical necessity, transport type, destination, mileage, contract status, residency status to the extent lawful, or other legally permissible distinctions. C. EMS rates, fees, and charges should be reviewed periodically and may be based upon cost- of-service analysis, payer requirements, reimbursement limitations, collection experience, capital replacement needs, comparable agency rates, federal or state program requirements, and the financial sustainability of the EMS system. D. The City shall not impose any fee or seek reimbursement prohibited by Section 166.0446, Florida Statutes, or other applicable law. This Article authorizes charges only to the extent permitted by law, including charges for transportation and treatment provided by emergency medical services vehicles. § 79.10. Billing, collections, adjustments, and write-offs. A. The EMS Division shall administer and coordinate EMS billing, reimbursement, collections, and revenue cycle management functions on behalf of the City, subject to the oversight of the Fire Chief and consistent with this Article, City Commission policy, the adopted fee schedule, applicable payer requirements, and applicable law. 15 B. The EMS Division may bill patients, responsible parties, insurers, Medicare, Medicaid, managed care organizations, governmental payers, facilities, event organizers, contracting agencies, and other responsible payers for EMS services. C. The EMS Division may accept assignment of benefits, execute payer enrollment documents, submit claims, appeal claim denials, accept negotiated payments, process refunds, make corrections, and take other reasonably necessary actions to administer EMS billing and collections. The Fire Chief may approve billing adjustments, contractual allowances, Medicare or Medicaid adjustments, managed care adjustments, hardship adjustments, charity care adjustments, small balance write-offs, deceased patient write- offs, bankruptcy write-offs, uncollectible account write-offs, compliance-related adjustments, and other adjustments consistent with City policy, applicable law, and generally accepted accounting practices. D. The EMS Division may use third-party vendors for billing, coding, collections, payer enrollment, reimbursement consulting, cost reporting, supplemental payment administration, compliance review, data management, and related services, subject to procurement requirements and contract approval requirements. E. The City may refer delinquent accounts to collection agencies or other lawful collection processes, provided that all collection practices comply with applicable federal and state law and City policy. § 79.11. Federal, state, and intergovernmental reimbursement programs. A. The City is authorized to participate in Medicare, Medicaid, Medicaid managed care, Public Emergency Medical Transportation, supplemental payment, cost settlement, certified public expenditure, intergovernmental transfer, grant, and any other lawful reimbursement, funding, or cost recovery program related to EMS services. B. The Fire Chief, or their designee, is authorized to prepare, execute, certify, and submit applications, enrollments, cost reports, attestations, certifications, claims, reconciliations, settlement documents, and other administrative documents necessary or appropriate for participation in such programs, unless City Commission approval is otherwise required by law. C. Participation in any reimbursement, supplemental payment, intergovernmental transfer, certified public expenditure, or similar funding program shall not be construed to create any obligation to transfer EMS Enterprise Fund revenues to the General Fund except as expressly authorized by ordinance. 16 D. All revenues received from such programs shall be deposited into or accounted for within the EMS Enterprise Fund and shall thereafter be subject to the provisions governing the retention and use of EMS Enterprise Fund monies, unless otherwise required by law or a binding funding agreement. Any interlocal agreement, intergovernmental transfer agreement, provider agreement, or similar agreement requiring City Commission approval shall be presented to the City Commission in accordance with applicable law and City policy. § 79.12. Budgeting, reserves, and reporting. A. The EMS Enterprise Fund shall be included in the City’s annual budget and shall be subject to the City’s budgetary, purchasing, investment, accounting, audit, and financial reporting policies, except as otherwise provided by this Article. B. The City Commission may establish reserve targets, minimum reserve levels, or reserve policies for the EMS Enterprise Fund, including reserves for operations, revenue stabilization, capital replacement, equipment replacement, payer recoupments, compliance liabilities, contingencies, and other lawful EMS purposes. C. The City Commission may appropriate and budget EMS enterprise Fund monies for current operations, future capital needs, equipment replacement, debt service, reserve funding, and other lawful EMS purposes. D. The Fire Chief or designee shall periodically provide reports regarding the financial condition of the EMS Enterprise Fund to the City Manager and, as requested by the City Manager or City Commission, to the City Commission. Such reporting may include revenues, expenditures, transport volume, collection experience, payer mix, capital needs, reserve status, outstanding receivables, supplemental payment activity, appropriations or transfers received by the EMS Enterprise Fund, and other information deemed appropriate. E. Nothing in this section shall be construed to require the expenditure, transfer, or reversion of EMS Enterprise Fund reserves, retained earnings, net position, or accumulated fund balances solely because such monies exceed annual operating expenditures or remain unexpended at the close of a fiscal year. § 79.13. Transfers, subsidies, and interfund reimbursements. A. The EMS Enterprise Fund may receive transfers, subsidies, appropriations, grants, contributions, advances, reimbursements, or other financial support from the General Fund or other City funds as approved through the City’s annual budget, budget amendment, resolution, or other lawful action. Unless expressly authorized by ordinance or resolution 17 of the City Commission, any transfer, appropriation, subsidy, contribution, advance, or other financial support provided to the EMS Enterprise Fund shall not constitute a loan and shall not create any obligation of repayment. B. The EMS Enterprise Fund may reimburse the General Fund for administrative services, indirect costs, shared costs, personnel support, facility costs, technology support, fleet support, legal services, finance services, human resources services, and other services or costs reasonably allocated to or incurred in support of EMS services, provided such costs are directly attributable to, reasonably allocable to, or incurred in support of EMS services and are documented, budgeted, and consistent with applicable law and City policy. C. Nothing in this Article shall require the EMS Enterprise Fund to be fully self-supporting in any fiscal year. D. Nothing in this Article shall limit the City Commission’s authority to fund EMS services through any lawful source, including ad valorem revenues, grants, appropriations, transfers, contracts, intergovernmental revenues, reimbursement programs, or other lawful funding sources. E. No provision of this section shall be construed to authorize the transfer, reversion, or diversion of EMS Enterprise Fund revenues, reserves, retained earnings, net position, or accumulated fund balances to the General Fund except as expressly authorized by ordinance. § 79.14. Capital assets and equipment. A. The EMS Division, under the direction of the Fire Chief and subject to the City’s budgeting, purchasing, accounting, and capital asset policies, shall identify, manage and recommend the acquisition, replacement, maintenance, and disposition of capital assets, equipment, vehicles, technology, and other resources used primarily for EMS services. The City Manager, Fire Chief, and Finance Director are authorized to account for EMS-related capital assets and associated liabilities within or in relation to the EMS Enterprise Fund in accordance with applicable accounting standards, governmental accounting principles, and City policy. B. The City may acquire, lease, finance, replace, repair, maintain, transfer, or dispose of EMS- related capital assets in accordance with the City’s budget, purchasing, surplus, debt, and capital asset policies. C. Capital assets acquired in whole or in part with monies from the EMS Enterprise Fund may be accounted for as assets of the EMS Enterprise Fund and may be maintained, repaired, 18 replaced, or improved using EMS Enterprise Fund monies, subject to applicable law and City policy. D. The City Commission may establish capital replacement reserves within the EMS Enterprise Fund for ambulances, emergency medical services vehicles, medical equipment, stretchers, monitors, radios, communications systems, technology, facilities, and other EMS-related capital needs. E. Nothing in this section shall be construed to require the expenditure of EMS Enterprise Fund reserves or accumulated balances solely because funds have been reserved for future capital replacement or acquisition needs. § 79.15. Relationship to other City funds and ordinances. A. The EMS Enterprise Fund is established for accounting, budgeting, financial management, cost recovery, transparency, accountability, and the long-term financial sustainability of the City’s EMS services. B. Nothing in this Article shall be construed to repeal, impair, or limit any lawful authority of the City under any other provision of the City Code, including provisions related to fire protection, emergency management, public safety, fees, purchasing, budgeting, finance, personnel, procurement, grants, or interlocal agreements. C. The provisions of this Article governing the deposit, retention, accounting, budgeting, expenditure, and use of EMS Enterprise Fund revenues, reserves, net position, retained earnings, and accumulated fund balances shall apply notwithstanding any general accounting or administrative provision of the City Code, unless otherwise expressly provided by ordinance. D. Nothing in this Article shall create a lien, special assessment, tax, or pledge of revenues unless separately authorized by the City Commission in accordance with applicable law. E. Nothing in this Article shall create any private right of action against the City, the Ocoee Fire Department, the EMS Division, or any City officer, employee, agent, contractor, or representative. F. Nothing in this Article shall be construed to require the transfer, reversion, lapse, expenditure, or redistribution of EMS Enterprise Fund revenues, reserves, retained earnings, net position, or accumulated fund balances except as expressly authorized by this Article or by ordinance. RESOLUTION NO. 2026 _______ A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ADOPTING A SCHEDULE OF RATES, CHARGES, AND FEES FOR EMERGENCY MEDICAL RESPONSE AND TRANSPORT SERVICES PROVIDED BY THE CITY; PROVIDING FOR ANNUAL ADJUSTMENT IN ACCORDANCE WITH THE CPI; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, since 1957, the Ocoee Fire Department has continuously existed as a duly constituted and organized department of the City of Ocoee; and, WHEREAS, the Ocoee Fire Department is the City's authorized provider of fire protection, emergency medical response, and ambulance transport services within the City, as provided by law and City ordinance; and WHEREAS, on July 21, 2026, the City Commission adopted an ordinance creating Chapter 79, City of Ocoee Code of Ordinances, relating to emergency medical response and transport services provided by the Fire Department; and WHEREAS, Chapter 79, City of Ocoee Code of Ordinances authorizes the City Commission to adopt a uniform schedule of rates, charges, and fees to be imposed and collected by the City for the provision of emergency medical response and transport services; and, WHEREAS, the City Commission wishes to establish uniform reasonable rates, charges, and fees to be imposed and collected for certain emergency medical response and transport services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Authority. The City Commission has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 3. Rates for Emergency Medical Transport Services. The City Commission formally adopts the following fee schedule for emergency ground medical transport and related services, as follows: Emergency Medical Response (Section 79.9, Code of Ordinances) Basic Life Support (BLS) - $611.00 Advanced Life Support (ALS) - $1,024.00 Specialty Care Support (SCS) - $1,024.00 Advanced Life Support II (ALS II) - $960.00 Per mile Charge - $17.00 Medically Indigent Fee (BLS, ALS, SCS, ALS II)* - Medicaid Rate Schedule *Medically indigent status is determined by the hospital, provided the responsible party submits a letter from the hospital indicating medical indigence/hardship. SECTION 4. Annual Adjustment. Beginning in Fiscal year 2027, fees shall be increased by an annual percentage increase in the consumer price index (CPI-I), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor, or five percent (5%), whichever is greater. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2026. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2026. FISHBACK DOMINICK By: Richard S. Geller, City Attorney APPROVED BY THE OCOEE CITY COMMISSION ON , 2026. UNDER AGENDA ITEM NO. 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): 2.An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any): CITY OF OCOEEPUBLIC HEARINGA Public Hearing before the Ocoee City Commission will be held Tuesday, July 21, 2026, at 6:15 p.m. or as soon thereafter as may be heard, in the Commission Chambers of City Hall at 1 North Bluford Avenue, Ocoee, Florida, to consider the following ordinances: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 5, SECTION 3 OF THE CITY CODE TO ESTABLISH PRO-CEDURAL RULES IMPLEMENTING SECTION C-10 OF THE CITY CHARTER, UNDER WHICH THE CITY COMMISSION SHALL JUDGE WHETHER THE REQUIREMENTS FOR CANDIDATES FOR THE CITY COMMISSION HAVE BEEN MET; PROVIDING FOR POTENTIAL OBJECTIONS; ESTABLISHING PROCEDURES FOR AN EVIDENTIARY HEARING TO ENSURE DUE PROCESS, INCLUDING NOTICE TO AFFECTED PARTIES; PROVIDING FOR APPEALS; PROVIDING THAT NO PERSON SHALL BE BARRED FROM RUNNING FOR OFFICE ABSENT CLEAR AND CONVINC-ING EVIDENCE, IN ACCORDANCE WITH SECTION C-11 OF THE CITY CHARTER; PROVIDING FOR FORFEITURE-OF-OFFICE PROCEEDINGS; PROVIDING THAT THE PROCEDURES ESTAB-LISHED HEREIN ARE IN ADDITION TO ANY PROVIDED UNDER STATE LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMEND-ING CHAPTER 78, “FIRE PREVENTION AND EMERGENCY MEDICAL RESPONSE,” OF THE CITY OF OCOEE CODE OF ORDI-NANCES BY RENAMING CHAPTER 78, FIRE PREVENTION AND CREATING A NEW CHAPTER 79, ENTITLED EMERGENCY MEDI-CAL SERVICES DIVISION; ESTABLISHING AN EMERGENCY MEDICAL SERVICES ENTERPRISE FUND; PROVIDING FOR THE ADMINISTRATION, OPERATION, ACCOUNTING, BUDGETING, BILLING, COLLECTION, AND USE OF REVENUES RELATED TO EMERGENCY MEDICAL SERVICES, AMBULANCE TRANSPOR-TATION, TREATMENT, AND RELATED SERVICES; AUTHORIZ-ING THE CITY COMMISSION TO ADOPT RATES, FEES, CHARG-ES, BILLING POLICIES, AND COST RECOVERY POLICIES BY RESOLUTION; AUTHORIZING PARTICIPATION IN FEDERAL, STATE, AND INTERGOVERNMENTAL EMS REIMBURSEMENT AND SUPPLEMENTAL PAYMENT PROGRAMS; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; PROVIDING FOR IMPLE-MENTATION, CODIFICATION, SEVERABILITY, AND AN EFFEC-TIVE DATE. All interested parties are invited to attend and be heard with respect to the above. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such hearing, they will need a record of the proceedings, and for such purpose they may need to ensure that a verbatim record of the proceedings is made, which record includes the tes-timony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk’s office at 407-905-3105 at least two days prior to the date of hearing.Melanie Sibbitt, City Clerk July 9, 2026 26-0XXXXW