House Bill 0913

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    Florida House of Representatives - 1999                 HB 913

        By Representatives Rojas and Rayson






  1                      A bill to be entitled

  2         An act relating to commercial passenger

  3         transportation; creating the "Florida Livery

  4         Act"; providing legislative purpose and intent;

  5         providing definitions; providing for vehicle

  6         permits; providing for mechanical inspections;

  7         providing for exemptions; providing for

  8         self-inspection; providing for chauffeur

  9         permits; providing for a certificate of public

10         convenience; providing for compliance with

11         federal standards; providing that the act is

12         not intended to impede the right of contract;

13         providing for enforcement; providing penalties;

14         providing for the reporting of traffic crashes;

15         providing for an out-of-state vehicle for hire

16         exemption; providing for fees and fines;

17         providing for the use of revenues by law

18         enforcement agencies; providing an effective

19         date.

20

21         WHEREAS, the Legislature finds the system of regulating

22  commercial passenger transportation service upon the roadways

23  of Florida is a pressing affair of the state, with statewide,

24  national, and international significance for the safety of

25  citizens who utilize such service, and

26         WHEREAS, the Legislature further finds that such

27  systems which do exist on local levels are complex, confusing,

28  and excessively costly because of the multiplicity of local

29  codes and administrative processes, resulting in weak and

30  inadequate compliance, and

31

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  1         WHEREAS, the Legislature further finds that the safety

  2  of the citizenry utilizing such method of transportation is

  3  inadequate and below acceptable standards, and

  4         WHEREAS, the Legislature further finds that the systems

  5  which exist on local levels do not provide fair business

  6  opportunities for access into the industry or adequate

  7  competition within the industry to promote consumer benefits,

  8  and

  9         WHEREAS, the Legislature further finds that, to be

10  effective, a regulatory system must promote consistent and

11  effective compliance and enforcement by addressing the

12  complexity caused by too many local codes, ordinances, and

13  administrative processes, NOW, THEREFORE,

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Short title.--This act may be cited as the

18  "Florida Livery Act."

19         Section 2.  Purpose.--The purpose of this act is to

20  create a standard statewide method of ensuring the mechanical

21  safety of all nongovernmentally owned and operated vehicles

22  which transport passengers for any form of compensation, and

23  to ensure that those persons who operate such vehicles upon

24  the roadways of this state demonstrate their ability to accept

25  the responsibility for operating a vehicle which is

26  transporting passengers. Further, this act is created to

27  assure the safety of consumers who utilize commercial

28  vehicle-for-hire services throughout the state, to assure fair

29  market opportunity for those citizens conducting business in

30  this industry, and to provide for fair competition within the

31  marketplace which will benefit the consumer public.

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  1         Section 3.  Definitions.--Unless a different meaning is

  2  clearly indicated in the context, for the purposes of this

  3  act:

  4         (1)  "Vehicle for hire" means any self-propelled

  5  vehicle which operates upon the roadways of the state,

  6  including, but not limited to, taxicabs, luxury sedans,

  7  limousines, shuttles, vans, minibuses, buses, nonmedical

  8  transports, and ambulances, that are not owned and operated by

  9  the state or by any government or municipality within the

10  state, and for which any form of compensation is received.

11         (2)  "Compensation" means any thing of value,

12  including, but not limited to, money or other item of value,

13  or as an ancillary service associated with any transaction or

14  trade.

15         (3)  "Chauffeur" means any person who is not an

16  employee of the state or of any government or municipality

17  therein who is operating a vehicle for hire as defined in

18  subsection (1).

19         (4)  "Chauffeur permit" means a permit issued annually

20  by the Department of Business and Professional Regulation

21  which allows a person to offer services as a driver of a

22  vehicle for hire, but a chauffeur permit is not a driver

23  license as issued by the Department of Highway Safety and

24  Motor Vehicles.

25         (5)  "Driver license" means a license issued by the

26  Department of Highway Safety and Motor Vehicles allowing the

27  bearer to operate upon the roadways of the state a

28  self-propelled vehicle identified by the department.

29         (6)  "Taxicab" means a self-propelled motor vehicle

30  which transports no more than 15 persons, including the

31  chauffeur, which has permanent markings identifying it as such

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  1  a vehicle, and for which the fare charged is determined by an

  2  electronic meter.

  3         (7)  "Luxury sedan" means a self-propelled motor

  4  vehicle which transports no more than six persons, including

  5  the chauffeur, which has no markings, is not altered from its

  6  original manufactured design, and for which the fare is

  7  determined on a flat-rate basis or a time basis, but not by an

  8  electronic meter.

  9         (8)  "Limousine" means a self-propelled motor vehicle

10  which transports no more than 11 persons, including the

11  chauffeur, which has no markings, has been modified from its

12  original manufactured design, meeting all requirements of the

13  United States Department of Transportation, the Federal

14  Highway Administration, and the National Transportation Safety

15  Administration for sale and operation within the United

16  States, and for which the fare is determined on a flat-rate

17  basis or a time basis, but not by an electronic meter.

18         (9)  "Van" means a self-propelled motor vehicle which

19  transports no more than 15 persons, including the chauffeur,

20  which may or may not have markings, and for which the fare is

21  determined on a flat-rate basis or a time basis, but not by an

22  electronic meter.

23         (10)  "Shuttle" means a self-propelled motor vehicle

24  which transports no more than 15 persons, including the

25  chauffeur, which has permanent markings as a shuttle, and for

26  which the fare is determined on a flat-rate basis or a time

27  basis, but not by an electronic meter.

28         (11)  "Bus" means a self-propelled motor vehicle which

29  transports more than 15 persons, including the chauffeur,

30  which may or may not have permanent markings, and for which

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  1  the fare is determined on a flat-rate basis or a time basis,

  2  but not by an electronic meter.

  3         (12)  "Nonemergency medical transport" means a

  4  self-propelled motor vehicle which transports passengers for a

  5  nonemergency medical reason only, which has permanent markings

  6  identifying it as a nonemergency medical transport vehicle,

  7  and for which the fare is determined on a flat-rate basis or a

  8  time basis, but not by an electronic meter.

  9         (13)  "Ambulance" means a self-propelled motor vehicle

10  which transports passengers for emergency medical reasons, is

11  equipped with emergency visual and audible equipment, has

12  permanent markings identifying it as an emergency medical

13  transport vehicle, and for which the fare is determined on a

14  flat-rate basis or a time basis, but not by an electronic

15  meter.

16         (14)  "Government owned and operated vehicle" means a

17  motor vehicle which is owned by a government agency and which

18  is operated by employees of that government agency.

19         (15)  "Trade or commerce" means an economic activity of

20  any type whatsoever involving any commodity or service

21  whatsoever.

22         (16)  "Government" means the United States Government,

23  the State of Florida, or any municipality, county, or school

24  district, or any other general-function or special-function

25  governmental unit established by the laws of this state.

26         (17)  "Person" means any individual, corporation, firm,

27  partnership, limited partnership, incorporated or

28  unincorporated association, professional association, or other

29  legal, commercial, or governmental entity, including the State

30  of Florida and its departments, agencies, political

31  subdivisions, and units of government.

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  1         (18)  "Service" means any kind of activity performed in

  2  whole or in part for economic benefit or compensation.

  3         (19)  "Point of origination" means the geographic

  4  location at which the first person who is being transported by

  5  any vehicle for hire is picked up by said vehicle for hire.

  6         (20)  "On-demand service" means service which is

  7  provided without prior reservation or arrangement, obtained in

  8  person by the consumer at the point of origination from which

  9  the vehicle-for-hire service begins.

10         (21)  "Prearranged service" means service which is

11  provided with prior reservation or arrangement made in advance

12  by the consumer and which schedules a specific time, date, and

13  point of origination for the vehicle-for-hire service to

14  commence.

15         Section 4.  Vehicle permit.--Any vehicle for hire which

16  operates within this state must comply with the requirements

17  of this act and must be permitted by the Department of Highway

18  Safety and Motor Vehicles prior to operation within the state.

19         (1)  MECHANICAL INSPECTION.--A company which provides

20  vehicles for hire in this state must have each vehicle

21  inspected on an annual basis, must provide proof of such

22  inspection prior to obtaining either an initial vehicle permit

23  or a renewal permit, and must maintain a copy of said proof of

24  inspection in both the office of the business and in the

25  vehicle. All inspections shall be reported on a form approved

26  by the Department of Transportation and shall include the

27  following requirements:

28         (a)  Brakes.--Brakes must be within the manufacturer's

29  safety limits, having no less than one-sixteenth of an inch of

30  material remaining on the brake pad surface for the primary

31  braking system. Parking brakes must be in full working order.

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  1  In addition, all braking systems must comply with ss. 316.261,

  2  316.262, and 316.263, Florida Statutes, respectively.

  3         (b)  Exhaust system.--The exhaust system must be within

  4  the manufacturer's safety limits, may not be modified as to

  5  sound or appearance, and must be free of leaks of any kind in

  6  any location throughout the exhaust system.

  7         (c)  Lights.--All lights must be in full working order,

  8  including headlights, taillights, brake lights, turn signals,

  9  and dashboard displays. Side lights on vehicles over 80 inches

10  in length must comply with the requirements of s. 316.2225,

11  Florida Statutes.

12         (d)  Horn.--The horn must be in full working order in

13  accordance with the manufacturer's specifications.

14         (e)  Floor.--There must not be any area of the floor,

15  regardless of size, which has rusted through or is unable to

16  bear the weight for which it was designed.

17         (f)  Doors.--All doors must be securely attached to all

18  hinges with all locking devices functioning.

19         (g)  Seats.--All seats must be securely fastened to the

20  body of the vehicle in the manner prescribed by the

21  manufacturer.

22         (h)  Seat belts.--Seat belts must be of a design and

23  material required by federal regulations. There must be one

24  seat belt for each occupant position, including the chauffeur.

25         (i)  Steering.--The steering mechanism must be in

26  accordance with the manufacturer's specifications. There must

27  not be in excess of 3 inches of play either to the left or the

28  right of the center of the steering post.

29         (j)  Tires.--All tires must be in good condition, with

30  no less than two-thirty-seconds of an inch of tread. Tires

31  which are retreaded shall not be used on a vehicle for hire.

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  1         (k)  Windshields and windows.--The front windshield and

  2  the rear and side windows of a vehicle for hire must be of an

  3  approved safety glass and must be free of cracks.

  4         (l)  Fire extinguisher.--A fire extinguisher, easily

  5  accessible to the chauffeur, must be present within the

  6  vehicle and must meet the standards established by applicable

  7  statute or regulation.

  8         (m)  Welds.--Welds on a limousine or on any vehicle

  9  which has been modified from its original manufactured design

10  must be intact and free of cracks or signs of stress.

11         (n)  Optional equipment.--Optional equipment of any

12  design, including, but not limited to, intercommunication

13  systems, climate controls, lighting controls, and

14  entertainment devices, which is located within a vehicle for

15  hire must be in proper working order.

16         (o)  Rated capacity.--The rated capacity of a vehicle

17  for hire shall be in accordance with the manufacturer's

18  standards as established and approved by the National Highway

19  Traffic Safety Administration. The capacity of any vehicle for

20  hire shall not exceed the gross vehicle weight rating (GVWR)

21  as specified by the manufacturer or as required by federal

22  regulation.

23         (p)  Taxicabs.--In addition to the above standards, as

24  providers of on-demand services, taxicabs must comply with the

25  following requirements:

26         1.  Meters must be electronic in design, within the

27  manufacturer's specifications, sealed, in good working order,

28  and clearly visible to the passengers and must conform to the

29  advertised rates.

30

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  1         2.  The top light must be permanently mounted on the

  2  exterior roof of the vehicle, capable of being illuminated

  3  manually from inside the vehicle.

  4         3.  Markings a minimum of 2 inches in height

  5  identifying the name of the company, the telephone number, and

  6  the taxicab number must be permanently affixed to both sides

  7  of the vehicle. The word "TAXI" must appear on both sides of

  8  the vehicle. Magnetic signs are prohibited.

  9         4.  Rates for services must be clearly and permanently

10  affixed to both sides of the vehicle and must be a minimum of

11  1 inch in height.

12         (2)  CHILD RESTRAINTS.--Child restraints must be

13  available for passengers of any vehicle for hire and must be

14  utilized as required by s. 316.613, Florida Statutes.

15         (3)  COMMERCIAL INSURANCE.--Commercial insurance

16  coverage must be obtained from a carrier licensed to issue

17  such insurance in this state. Minimum coverage limits shall be

18  at least $100,000 for single injury per occurrence, $300,000

19  in the aggregate for personal injury per occurrence, and

20  $50,000 for property damage per occurrence.

21         (4)  OCCUPATIONAL LICENSE.--An occupational license is

22  required from the local governmental entity within the

23  jurisdiction of which the vehicle-for-hire company is located.

24  For the purpose of this section, the company which owns and/or

25  operates any vehicle for hire within the state must provide a

26  physical address. Post office box numbers are not allowed.

27         (5)  PRESENTATION OF DOCUMENTATION.--All documentation

28  required by this section must be presented in person to the

29  Department of Highway Safety and Motor Vehicles on an annual

30  basis. The department shall review all documentation and

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  1  ensure its compliance with all requirements and shall then

  2  issue the vehicle permit or renewal decal, as appropriate.

  3         (6)  PERMIT DESIGN.--The vehicle-for-hire permit shall

  4  be a license plate, which shall meet the current size

  5  specifications for license plates, shall be produced in

  6  duplicate, and shall be attached to the front and rear of the

  7  vehicle. The word "FLORIDA" must appear at the top of the

  8  plate, the word "LIVERY" must appear at the bottom of the

  9  plate, and a combination of letters and numerals shall be as

10  follows:

11         (a)  Letter designation.--Each license plate issued

12  shall have the appropriate letter designation denoting the

13  specific type of vehicle for hire for which the license plate

14  is assigned, as follows:

15         A - Ambulance.

16         M - Nonemergency medical transport.

17         T - Taxicab.

18         S - Luxury sedan.

19         L - Limousine.

20         V - Van or shuttle.

21         B - Bus.

22         (b)  County designation.--The first two numerals of the

23  license plate shall designate the county in which the company

24  that owns and/or operates the vehicle for hire is located and

25  shall follow the established numeric designation guidelines

26  already in use.

27         (c)  Remaining numerals.--The remaining four numeric

28  digits of the license plate may be in any random order.

29         (7)  AUTHORITY.--The Department of Highway Safety and

30  Motor Vehicles is authorized to create and issue the Livery

31  license plate as authorized by this act. The department shall

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  1  also create a license plate for each category of vehicle for

  2  hire, in order to provide for accurate tracking and reporting

  3  of vehicles for hire operating in the state.

  4         (8)  VEHICLE INSPECTION EXEMPTION.--Any vehicle

  5  purchased for operation as a vehicle for hire within this

  6  state, the age of which is less than 1 year from the date of

  7  manufacture and which has less then 10,000 miles' usage, shall

  8  be exempt from the mechanical inspection requirements of this

  9  act. The vehicle owner must provide an appropriate form from

10  the dealer indicating the mileage, which must be verified by

11  the Department of Highway Safety and Motor Vehicles prior to

12  the issuance of a permit.

13         (9)  AUTHORIZED VEHICLE INSPECTION FACILITIES.--For the

14  purposes of this act, any automobile repair facility which is

15  properly licensed by the Department of Agriculture and

16  Consumer Services to perform maintenance and repairs on motor

17  vehicles is authorized to conduct mechanical inspections under

18  this act. Each such facility must have employed inspectors who

19  have been properly certified by the Automotive Safety

20  Engineers (ASE) and must provide the certificate number issued

21  by the Department of Agriculture and Consumer Services on the

22  vehicle inspection form. A company which provides

23  vehicle-for-hire services in this state, which owns and

24  operates an automotive repair facility for the purpose of

25  maintaining and repairing the company's vehicles for hire, and

26  which employs an ASE-certified individual, may conduct

27  self-inspections and complete the approved inspection forms

28  when applying for vehicle permits. For the purposes of this

29  section, the ASE-certified individual must be a full-time

30  employee of the vehicle-for-hire company and may not be an

31  independent contractor or subcontractor. Each company which

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  1  owns and/or operates vehicles for hire, and which wishes to

  2  conduct its own vehicle inspections, must obtain approval to

  3  conduct such inspections from the Department of Agriculture

  4  and Consumer Services and must be issued a certificate prior

  5  to conducting such inspections.

  6         Section 5.  Chauffeur permit.--Prior to operating a

  7  vehicle for hire within this state, a person must comply with

  8  the requirements of this act and must obtain a chauffeur

  9  permit issued by the Department of Business and Professional

10  Regulation. This permit is in addition to a driver license

11  required by state law and issued by the Department of Highway

12  Safety and Motor Vehicles. A person must be in possession of

13  said chauffeur permit at all times when operating a vehicle

14  for hire and must present said permit upon demand of any law

15  enforcement officer.

16         (1)  AUTHORITY.--The Department of Business and

17  Professional Regulation is authorized to create and issue a

18  chauffeur permit as prescribed in this section and to

19  establish procedural requirements, forms, and fees for

20  compliance with this section.

21         (2)  REQUIREMENTS.--The following minimum requirements

22  must be met prior to the issuance or renewal of a chauffeur

23  permit:

24         (a)  A motor vehicle driver records check shall be

25  conducted annually. An applicant may not have been convicted

26  of any crime, regardless of whether or not adjudication of

27  guilt was withheld, involving alcohol or drugs, or reckless

28  driving, or may not have more than three convictions for

29  speeding or other moving violations, traffic crashes with

30  damage exceeding $500 and/or personal injury when the

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  1  applicant was the defendant, or current suspensions or

  2  revocations for any reason.

  3         (b)  A criminal records check shall be conducted

  4  through the Florida Department of Law Enforcement on a state

  5  and national level. An applicant who has been convicted of a

  6  crime involving fraud, theft, deceptive or unfair business

  7  practices, a crime against a person, including, but not

  8  limited to, domestic violence, a crime involving weapons, a

  9  criminal felony, any offense related to drugs or alcohol, or a

10  crime of moral turpitude shall not be eligible to receive a

11  chauffeur permit. Further, an applicant who is currently on

12  probation or community control as ordered by a Florida

13  criminal court, or a criminal court of competent jurisdiction

14  of another state, shall not be eligible for a chauffeur

15  permit.

16         (3)  PERMIT DESIGN.--The chauffeur permit shall be

17  laminated, shall bear the state seal, and shall bear a

18  photograph of the permittee, the permittee's full name as it

19  appears on the permittee's driver license, date of birth,

20  physical description, and Florida driver license number.

21         Section 6.  Certificate of public convenience.--Any

22  company, whether it be a corporation, limited liability

23  corporation, partnership, limited partnership, or sole

24  proprietorship, which owns and provides motor vehicles for

25  passenger vehicle-for-hire service in the state shall first

26  obtain a certificate of public convenience.

27         (1)  AUTHORITY.--The Department of Business and

28  Professional Regulation shall create and issue a certificate

29  of public convenience as provided in this section and shall

30  establish procedural requirements, forms, and fees for

31  compliance with this section.

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  1         (2)  REQUIREMENTS.--The following minimum requirements

  2  must be met prior to the issuance of a certificate of public

  3  convenience:

  4         (a)  Registration of owners.--Any person holding a

  5  share of 10 percent or more in any company which provides

  6  vehicle-for-hire service must be listed and must submit an

  7  application for a certificate of public convenience on an

  8  annual basis. The application must provide the full legal

  9  name, date of birth, social security number, legal physical

10  residence address (post office box numbers are not permitted),

11  and Florida driver license number or driver license number and

12  state of issuance if residing outside of this state, of both

13  the applicant and the applicant's spouse, if married.

14         (b)  Criminal records check.--A criminal records check

15  shall be conducted through the Florida Department of Law

16  Enforcement on a state and national level. An applicant who

17  has been convicted of a crime involving fraud, theft,

18  deceptive or unfair business practices, a crime against a

19  person, including, but not limited to, domestic violence, a

20  crime involving weapons, a criminal felony, any offense

21  related to drugs or alcohol, or a crime of moral turpitude

22  shall not be eligible for a certificate of public convenience.

23  Further, an applicant who is currently on probation or

24  community control as ordered by a Florida criminal court, or a

25  criminal court of competent jurisdiction of another state,

26  shall not be eligible for a certificate of public convenience.

27         Section 7.  Compliance with federal standards.--The

28  Legislature, by this act, hereby complies with all laws,

29  standards, regulations, and rules of the United States

30  Government including the United States Constitution,

31  interstate commerce clauses, and the Transportation Equity Act

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  1  of 1998. Should any part of this act be found in conflict with

  2  any federal law, regulation, or rule, the federal law,

  3  regulation, or rule shall take precedence over this act. This

  4  act shall also be in compliance with s. 316.70, Florida

  5  Statutes.

  6         Section 8.  Act not to impede right of contract.--This

  7  act shall not construed, constructed, or intended to impede or

  8  prevent the right of contract, as guaranteed by the United

  9  States and Florida Constitutions, between any duly registered

10  and permitted vehicle-for-hire company or chauffeur and any

11  person for the provision of such authorized trade. Further,

12  this act shall not prevent or impede the right of property

13  owners to contract specific services with specific permitted

14  vehicle-for-hire companies. This right of concession agreement

15  shall extend to properties owned by private individuals,

16  businesses, and government facilities.  For the purpose of

17  this act, and for clarification for the consumer public of the

18  types of vehicle-for-hire services available, taxicabs shall

19  provide on-demand service only.

20         Section 9.  Enforcement.--It is the expressed intent of

21  this act to grant enforcement of the provisions of the act to

22  any and all duly sworn law enforcement officers of the State

23  of Florida. All violations of this act are criminal in nature

24  and, therefore, enforcement authority is granted solely to

25  duly sworn full-time, reserve, and auxiliary law enforcement

26  officers of the state. As this act directly relates to the

27  public safety, all law enforcement agencies within the state

28  are encouraged to develop procedures for stringent enforcement

29  of the act.

30         Section 10.  Penalties.--This act having been created

31  to enhance and assure the safety of the general public, and to

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  1  enhance the safe use of the roadways of the state, it is

  2  therefore determined that any violation of this act not

  3  specifically stated to the contrary is a misdemeanor of the

  4  second degree as defined by s. 775.081, Florida Statutes,

  5  punishable as provided in ss. 775.082 and 775.083, Florida

  6  Statutes, respectively.

  7         (1)  OPERATION OF A VEHICLE-FOR-HIRE WITHOUT A VALID

  8  VEHICLE-FOR-HIRE PERMIT.--It is unlawful for a passenger

  9  vehicle for hire of any classification to operate within this

10  state without a valid vehicle-for-hire permit, as defined. A

11  violation of this section is a misdemeanor of the second

12  degree for the first offense, and a second or subsequent

13  offense constitutes a misdemeanor of the first degree, as

14  defined by s. 775.081, Florida Statutes, punishable as

15  provided in ss. 775.082 and 775.083, Florida Statutes,

16  respectively.

17         (2)  OPERATION OF A VEHICLE FOR HIRE WITHOUT A VALID

18  CHAUFFEUR PERMIT.--It is unlawful for any person to operate a

19  passenger vehicle for hire of any classification within this

20  state without a valid chauffeur permit, as defined. A

21  violation of this section is a misdemeanor of the second

22  degree for the first offense, and a second or subsequent

23  offense constitutes a misdemeanor of the first degree, as

24  defined by s. 775.081, Florida Statutes, punishable as

25  provided in ss. 775.082 and 775.083, Florida Statutes,

26  respectively.

27         (3)  OPERATION OF A VEHICLE-FOR-HIRE COMPANY WITHOUT A

28  CERTIFICATE OF PUBLIC CONVENIENCE.--It is unlawful for any

29  person as defined in this act to operate a vehicle-for-hire

30  service company within this state without a valid certificate

31  of public convenience, as defined. A violation of this section

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  1  is a misdemeanor of the second degree for the first offense,

  2  and a second or subsequent offense constitutes a misdemeanor

  3  of the first degree, as defined by s. 775.081, Florida

  4  Statutes, punishable as provided in ss. 775.082 and 775.083,

  5  Florida Statutes, respectively.

  6         (4)  FALSIFICATION OF VEHICLE INSPECTION REPORT.--Any

  7  person who knowingly falsifies a vehicle inspection report as

  8  defined in this act shall be guilty of a misdemeanor of the

  9  first degree, punishable as provided in ss. 775.082 and

10  775.083, Florida Statutes.

11         (5)  OPERATION OF ANY PASSENGER VEHICLE FOR HIRE WHILE

12  UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.--The operation of any

13  passenger vehicle for hire while under the influence of

14  alcohol or drugs is strictly prohibited. For the purpose of

15  this section, the presence of any drugs stipulated in s.

16  877.111, Florida Statutes, or any controlled substances, or

17  the presence of alcohol by weight of 0.04, is a violation of

18  this section, and is a misdemeanor of the first degree,

19  punishable as provided in ss. 775.082 and 775.083, Florida

20  Statutes.

21         (6)  CRIMINAL ENFORCEMENT.--A violation of this section

22  shall be considered by any law enforcement officer to be a

23  criminal offense and shall, upon determination of probable

24  cause, be cause for arrest. In lieu of a custodial arrest, a

25  law enforcement officer may issue a criminal uniform traffic

26  citation requiring appearance in a court of competent

27  jurisdiction.

28         (7)  MANDATORY ADJUDICATION.--No court may suspend,

29  defer, or withhold adjudication of guilt or imposition of

30  sentence resulting from any violation of this act.

31

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  1         Section 11.  Reporting of traffic crashes.--Any traffic

  2  crash involving a passenger vehicle for hire shall be reported

  3  to and investigated by the law enforcement agency having

  4  geographic jurisdiction over the location of the traffic

  5  crash. Any such traffic crash shall be reported on a long form

  6  to the Department of Highway Safety and Motor Vehicles, which

  7  shall maintain statistical reports of all traffic crashes

  8  involving any passenger vehicle for hire. In any traffic crash

  9  involving a passenger vehicle for hire, the investigating

10  agency shall make a determination of fault and shall issue a

11  uniform traffic citation to the violator identified for the

12  specific violation which caused the traffic crash.

13         (1)  TRAFFIC CRASHES INVOLVING INJURY OR DEATH.--When a

14  traffic crash occurs involving bodily injury or death of any

15  person involved, and when the vehicle-for-hire chauffeur is

16  determined to be at fault by having violated a provision of

17  the state traffic laws, such a violation shall be cited on a

18  uniform traffic citation with a mandatory court appearance as

19  required by s. 318.19, Florida Statutes.

20         (2)  MANDATORY ALCOHOL OR DRUG TESTING.--Any chauffeur

21  determined to have been operating a passenger vehicle for hire

22  which is involved in a traffic crash in which there is bodily

23  injury or death, or who is believed by a law enforcement

24  officer to be operating a passenger vehicle for hire while

25  under the influence of alcohol or drugs, shall immediately

26  submit to an approved chemical or physical test of his or her

27  blood, breath, or urine for the purpose of determining his or

28  her alcohol concentration or for the purpose of detecting the

29  presence of chemical substances as set forth in s. 877.111,

30  Florida Statutes, or of controlled substances.

31         Section 12.  Exemptions of certain vehicles for hire.--

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  1         (1)  OUT-OF-STATE VEHICLES FOR HIRE.--It is the intent

  2  of this act to provide for the temporary limited operation in

  3  this state of vehicles for hire which are registered in a

  4  state outside of Florida. Specifically, any passenger vehicle

  5  for hire which has originated passenger service outside of the

  6  state may travel into, and utilize the roadways of, Florida

  7  for the sole purpose of completing the service. In such cases,

  8  service is considered continuous as long as the passenger

  9  vehicle for hire remains with the person who has contracted,

10  and is providing compensation on a continuous basis, for such

11  service. Vehicles for hire which are registered in a state

12  outside of Florida may not enter the state for the purpose of

13  originating passenger vehicle-for-hire service without first

14  complying with the provisions of this act.

15         (2)  VEHICLES FOR HIRE PERMITTED BY THE FEDERAL

16  GOVERNMENT.--Passenger vehicles for hire which are registered

17  and permitted by the United States Department of

18  Transportation for the provision of passenger vehicle-for-hire

19  services, which bear a United States Department Of

20  Transportation registration number, and which are not operated

21  primarily within this state are exempt from this act. For the

22  purpose of this act, "primary operation" is the provision of

23  passenger vehicle-for-hire services from a point of

24  origination within this state on more than three occasions in

25  any 30-day period.

26         Section 13.  Fees and fines.--

27         (1)  CERTIFICATE OF PUBLIC CONVENIENCE.--The annual fee

28  for a certificate of public convenience is $75, payable by

29  cash or check to the Department of Business and Professional

30  Regulation. All application fees paid under this section shall

31  be shared with the county or municipality in which the

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  1  applicant company is located, with $50 being retained by the

  2  department for administrative costs and $25 being paid to the

  3  county or municipality.

  4         (2)  VEHICLE-FOR-HIRE PERMIT.--The annual fee for a

  5  vehicle-for-hire permit license plate or renewal decal is

  6  $150, is in addition to the current standard license plate

  7  fees assessed by the state, and is payable to the Department

  8  of Highway Safety and Motor Vehicles in a manner prescribed by

  9  the department. The department shall retain the standard

10  license plate fee for administrative costs. The $150 fee

11  collected for the vehicle-for-hire permit shall be distributed

12  as follows:

13         (a)  Eighty percent, or $120 per vehicle for hire,

14  shall be paid to the law enforcement agency of the county or

15  municipality in which the vehicle for hire is registered.

16         (b)  Twenty percent, or $30 per vehicle for hire, shall

17  be paid to the Florida Highway Patrol.

18         (3)  CHAUFFEUR PERMIT.--The annual fee for a chauffeur

19  permit is $40, payable by cash or check to the Department of

20  Business and Professional Regulation, with $20 being retained

21  by the department for administrative costs and $20 being paid

22  to the county or municipality in which the applicant chauffeur

23  resides.

24         (4)  FINES.--Any fine collected as a result of

25  enforcement of this act shall be disposed of in accordance

26  with s. 316.660, Florida Statutes.

27         Section 14.  Use of revenues by law enforcement

28  agencies.--It is the intent of this act that revenues

29  collected be distributed to law enforcement agencies in an

30  effort to provide for increased enforcement and, consequently,

31  increased public safety. Law enforcement agencies receiving

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  1  revenues as a result of this act must utilize said revenues as

  2  follows:

  3         (1)  REVENUES IN EXCESS OF $50,000 ANNUALLY.--Revenues

  4  collected and distributed to any law enforcement agency under

  5  this act in excess of $50,000 in any calendar year must be

  6  utilized for the sole purpose of employing full-time law

  7  enforcement officers within that agency.

  8         (2)  REVENUES LESS THAN $50,000 ANNUALLY.--Revenues

  9  collected and distributed to any law enforcement agency under

10  this act less than $50,000 in any calendar year may be

11  deposited in the general fund of that agency and may be used

12  only for direct support of law enforcement officers employed

13  by that agency. "Direct support" means the acquisition of

14  weapons, uniforms, protective equipment, and marked patrol

15  vehicles.

16         Section 15.  This act shall take effect July 1, 1999.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Creates the Florida Livery Act to create a standard
21    statewide method of ensuring the mechanical safety of all
      nongovernmentally owned and operated vehicles which
22    transport passengers for any form of compensation, and to
      ensure that those persons who operate such vehicles upon
23    the roadways of the state demonstrate their ability to
      accept the responsibility for operating a vehicle which
24    is transporting passengers.  Provides that it is the
      further intent of the act to assure the safety of
25    consumers of commercial vehicle-for-hire services
      throughout the state, to assure fair market opportunity
26    for those citizens conducting business in the industry,
      and to provide for fair competition within the
27    marketplace which will benefit the consumer public.  See
      bill for details.
28

29

30

31

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