1 | A bill to be entitled |
2 | An act relating to Hillsborough County; providing that |
3 | the act supersedes inconsistent provisions of chapter |
4 | 2001-299, Laws of Florida; providing that a holder of |
5 | a certificate of public convenience and necessity or a |
6 | permit issued by the Hillsborough County Public |
7 | Transportation Commission, pursuant to chapter 2001- |
8 | 299, Laws of Florida, has property rights in the |
9 | certificate or permit; providing for the transfer of |
10 | such certificate or permit; providing for the creation |
11 | of the Driver Ownership Program to assist taxicab |
12 | drivers in acquiring certificates and permits; |
13 | providing for the adoption of rules; providing |
14 | definitions; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. (1) This act supersedes any provisions of |
19 | chapter 2001-299, Laws of Florida, and acts amendatory thereto, |
20 | to the extent such provisions are inconsistent with this act. |
21 | (2) Any certificate of public convenience and necessity or |
22 | any permit previously or hereafter issued by the Hillsborough |
23 | County Public Transportation Commission, created by chapter 83- |
24 | 423, Laws of Florida, is the private property of the holder of |
25 | such certificate or permit. |
26 | (3) The holder of a certificate of public convenience and |
27 | necessity or a permit issued by the commission may transfer the |
28 | certificate or permit by pledge, sale, assignment, sublease, |
29 | devise, or other means of transfer to another person. The |
30 | commission may by rule specify the procedure by which the |
31 | transfer may occur. Except for a transfer by devise or intestate |
32 | succession, the transfer must be approved, in advance, by the |
33 | commission, and the proposed transferee must first qualify to be |
34 | a certificateholder or permitholder under commission rules. The |
35 | proposed transferee of a transfer by devise or intestate |
36 | succession must conditionally qualify as a certificateholder or |
37 | permitholder under commission rules within 120 days after the |
38 | transfer, unless otherwise extended by the commission. The |
39 | conditional nature of the qualification shall be removed upon |
40 | the probate court's final adjudication that the proposed |
41 | transferee is actually entitled to the ownership of the |
42 | transferred certificate or permit. |
43 | (4) The Hillsborough County Public Transportation |
44 | Commission, or any successor entity thereof, shall create by |
45 | rule the Driver Ownership Program to assist eligible taxicab |
46 | drivers in acquiring a certificate and one or more permits, |
47 | within the existing and authorized population cap and limits for |
48 | taxicab permits, which existing population cap and limits are |
49 | incorporated into this act. Any certificate or permit issued |
50 | under the Driver Ownership Program is nontransferable, except to |
51 | other eligible taxicab drivers as authorized by commission rules |
52 | and after the certificate or permit has been actively and |
53 | continuously used by the eligible taxicab driver for at least 5 |
54 | years following the date of issuance. |
55 | (5) As used in this act, the term: |
56 | (a) "Eligible taxicab driver" means a taxicab driver who |
57 | is eligible to be issued a certificate and permit under the |
58 | Driver Ownership Program, who holds a valid driver's license |
59 | issued by the commission, who has continuously operated as a |
60 | full-time taxicab driver in Hillsborough County for a minimum of |
61 | 3 years immediately preceding the date of the transfer, and who |
62 | has not been found by the commission or the director of the |
63 | commission to have violated the requirements of this act or |
64 | rules of the commission. In order to qualify as a full-time |
65 | driver, a person must drive a taxicab for at least 40 hours per |
66 | week, for a minimum of 48 weeks per year. |
67 | (b) "Driver Ownership Program" means the program created |
68 | pursuant to commission rules to promote taxicab ownership by |
69 | eligible taxicab drivers. The program may reserve up to one- |
70 | third of the additional permits authorized due to an increase in |
71 | the population cap for 7 years after the effective date of this |
72 | act for distribution to eligible taxicab drivers under |
73 | commission rules, which rules must specify the procedure by |
74 | which the certificates and permits may be acquired. |
75 | Section 2. This act shall take effect upon becoming a law. |