HB 891

1
A bill to be entitled
2An act relating to Hillsborough County; providing that
3the act supersedes inconsistent provisions of chapter
42001-299, Laws of Florida; providing that a holder of
5a certificate of public convenience and necessity or a
6permit issued by the Hillsborough County Public
7Transportation Commission, pursuant to chapter 2001-
8299, Laws of Florida, has property rights in the
9certificate or permit; providing for the transfer of
10such certificate or permit; providing for the creation
11of the Driver Ownership Program to assist taxicab
12drivers in acquiring certificates and permits;
13providing for the adoption of rules; providing
14definitions; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  (1)  This act supersedes any provisions of
19chapter 2001-299, Laws of Florida, and acts amendatory thereto,
20to the extent such provisions are inconsistent with this act.
21     (2)  Any certificate of public convenience and necessity or
22any permit previously or hereafter issued by the Hillsborough
23County Public Transportation Commission, created by chapter 83-
24423, Laws of Florida, is the private property of the holder of
25such certificate or permit.
26     (3)  The holder of a certificate of public convenience and
27necessity or a permit issued by the commission may transfer the
28certificate or permit by pledge, sale, assignment, sublease,
29devise, or other means of transfer to another person. The
30commission may by rule specify the procedure by which the
31transfer may occur. Except for a transfer by devise or intestate
32succession, the transfer must be approved, in advance, by the
33commission, and the proposed transferee must first qualify to be
34a certificateholder or permitholder under commission rules. The
35proposed transferee of a transfer by devise or intestate
36succession must conditionally qualify as a certificateholder or
37permitholder under commission rules within 120 days after the
38transfer, unless otherwise extended by the commission. The
39conditional nature of the qualification shall be removed upon
40the probate court's final adjudication that the proposed
41transferee is actually entitled to the ownership of the
42transferred certificate or permit.
43     (4)  The Hillsborough County Public Transportation
44Commission, or any successor entity thereof, shall create by
45rule the Driver Ownership Program to assist eligible taxicab
46drivers in acquiring a certificate and one or more permits,
47within the existing and authorized population cap and limits for
48taxicab permits, which existing population cap and limits are
49incorporated into this act. Any certificate or permit issued
50under the Driver Ownership Program is nontransferable, except to
51other eligible taxicab drivers as authorized by commission rules
52and after the certificate or permit has been actively and
53continuously used by the eligible taxicab driver for at least 5
54years following the date of issuance.
55     (5)  As used in this act, the term:
56     (a)  "Eligible taxicab driver" means a taxicab driver who
57is eligible to be issued a certificate and permit under the
58Driver Ownership Program, who holds a valid driver's license
59issued by the commission, who has continuously operated as a
60full-time taxicab driver in Hillsborough County for a minimum of
613 years immediately preceding the date of the transfer, and who
62has not been found by the commission or the director of the
63commission to have violated the requirements of this act or
64rules of the commission. In order to qualify as a full-time
65driver, a person must drive a taxicab for at least 40 hours per
66week, for a minimum of 48 weeks per year.
67     (b)  "Driver Ownership Program" means the program created
68pursuant to commission rules to promote taxicab ownership by
69eligible taxicab drivers. The program may reserve up to one-
70third of the additional permits authorized due to an increase in
71the population cap for 7 years after the effective date of this
72act for distribution to eligible taxicab drivers under
73commission rules, which rules must specify the procedure by
74which the certificates and permits may be acquired.
75     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.