Senate Bill 2652

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    Florida Senate - 2000        (NP)                      SB 2652

    By Senators Hargrett, Sebesta and Grant





    21-903A-00

  1                      A bill to be entitled

  2         An act relating to the Hillsborough County

  3         Public Transportation Commission; designating

  4         the commission an independent special district;

  5         prohibiting discrimination in employment and

  6         encouraging diversity in appointments to the

  7         taxicab advisory council; amending s. 2, ch.

  8         83-323, Laws of Florida, as amended; providing

  9         additional powers of the commission; amending

10         s. 3, ch. 83-423, Laws of Florida, as amended;

11         providing definitions; amending s. 5, ch.

12         83-423, Laws of Florida, as amended; providing

13         for the use of a hearing officer in certain

14         circumstances and for holding public hearings,

15         issuing recommendations, and filing and hearing

16         exceptions; amending s. 10, ch. 83-423, Laws of

17         Florida; revising enforcement powers of the

18         commission; creating s. 16, ch. 83-423, Laws of

19         Florida; providing for an interlocal agreement

20         between the commission and the county and the

21         payment of moneys to the commission by the

22         county; amending s. 9, ch. 83-423, Laws of

23         Florida; revising powers of the commission with

24         respect to adopting rules for the investigation

25         of applicants; repealing s. 6, ch. 423, Laws of

26         Florida, relating to license fees; providing an

27         effective date.

28

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

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    Florida Senate - 2000        (NP)                      SB 2652
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  1         Section 1.  (1)  The Hillsborough County Public

  2  Transportation Commission created by chapter 83-423, Laws of

  3  Florida, as amended, is designated as an independent special

  4  district. Except as otherwise provided by this act, the

  5  commission must comply with all applicable provisions of

  6  chapter 189, Florida Statutes, and any other general law

  7  relating to special districts. The fiscal year of the district

  8  shall commence October 1 of each year.

  9         (2)  The commission may not, because of race, color,

10  sex, religious creed, or national origin of any individual,

11  refuse to hire or employ or discharge from employment such

12  individual or otherwise discriminate against such individual

13  with respect to compensation, hire, tenure, term, conditions,

14  or privileges of employment. The commission shall include, to

15  the greatest extent possible, persons who represent gender,

16  racial, ethnic, cultural, and socioeconomic diversity in its

17  employment and contracting practices and in the appointment of

18  members to the taxicab advisory council created pursuant to

19  this act.

20         Section 2.  Subsection (3) is added to section 2 of

21  chapter 83-423, Laws of Florida, as amended by section 2 of

22  chapter 87-496, Laws of Florida, and section 2 of chapter

23  88-493, Laws of Florida, to read:

24         Section 2.  General powers.--

25         (3)  The commission has the power to:

26         (a)  Conduct the business of the district and receive

27  and expend funds on its behalf.

28         (b)  Maintain a minimum of $1 million liability

29  insurance coverage.

30         (c)  Be responsible for its budget, including:

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    Florida Senate - 2000        (NP)                      SB 2652
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  1         1.  Preparation of a financial statement of revenue and

  2  expenditures during the prior fiscal year and a balance sheet

  3  as of the close of the fiscal year annually on November 30.

  4         2.  Preparation and adoption by July 1 annually of an

  5  itemized budget, including projected revenues sufficient to

  6  meet the requirements of the district without an appropriation

  7  of other public moneys but which may include such an

  8  appropriation as provided by this act, and expenditures for

  9  the next fiscal year which reflect anticipated revenues to be

10  collected by the commission for the next fiscal year.

11         (d)  By rule, establish a fee schedule to include

12  annual fees for certificates, permits, and public vehicle

13  driver licenses and charge fees as necessary to recover costs

14  for the services rendered pursuant to this act and the rules

15  adopted under this act.

16         (e)  Establish accounting systems and procedures

17  designed to fulfill the requirements of generally accepted

18  governmental accounting principles and practices and good

19  internal control in keeping with generally accepted accounting

20  forms, accounts, records, methods, and practices relating to

21  special districts.

22         (f)  Designate a depository that is qualified as a

23  public depository pursuant to section 280.04, Florida

24  Statutes, and establish an account to which the revenues of

25  the district are to be deposited and from which expenditures

26  for the routine business expenses of the district and

27  transfers to and from contingency and surplus fund accounts

28  may be made.

29         (g)  Establish, maintain, invest, and expend surplus

30  and contingency funds of the district in accordance with

31  general law relating to financial matters pertaining to

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  1  political subdivisions and with section 215.44(1), Florida

  2  Statutes.

  3         (h)  Establish written bylaws for its internal

  4  governance, including the signatures required for the

  5  expenditure of funds from any of its authorized accounts.

  6         (i)  Enter into contracts, interlocal agreements, and

  7  other written documents necessary to conducting the business

  8  of the district.

  9         (j)  Employ, discipline, and terminate one or more

10  inspectors to enforce the provisions of this act and the rules

11  adopted under this act and other support personnel as are

12  necessary to conduct its business.

13         (k)  Provide a benefits plan to its employees and

14  require up to 100 percent contribution to cover the cost of

15  any employee benefit offered and for which an employee has an

16  option to participate except as otherwise provided by general

17  law.

18         (l)  Employ, discipline, and terminate, or contract for

19  the provision of, such qualified professional personnel as

20  attorneys and accountants as are necessary to conduct its

21  business.

22         (m)  Buy, sell, lease as lessor or lessee, and receive

23  gifts of real and personal property.

24         (n)  Designate and compensate hearing officers for the

25  purposes provided by this act.

26         (o)  By rule, establish a standard for the payment of

27  the costs associated with the use of a hearing officer by the

28  applicant and any certificate holder or holders who have

29  voluntarily intervened in a public hearing of the type for

30  which the public hearing is to be or was conducted.

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  1         (p)  Create a taxicab advisory council that includes

  2  representatives of the Tampa-Hillsborough County Convention

  3  and Visitors Association, the Greater Tampa Chamber of

  4  Commerce, and other civic associations, particularly those in

  5  traditionally underserved areas of the county and its

  6  municipalities, and seek the recommendation of that council as

  7  a prerequisite to changing any rule that limits the number of

  8  taxicabs permitted to operate within the county.

  9         (q)  By rule, establish a cap on the number of taxicab

10  permits which may be issued based on the population of the

11  county as determined from the most current edition of the

12  "University of Florida, Population Division, Bureau of

13  Economic Business Research."

14         Section 3.  Subsection (18) through (28) are added to

15  section 3 of chapter 83-423, Laws of Florida, as amended by

16  section 3 of chapter 87-496, Laws of Florida, and section 3 of

17  chapter 88-493, Laws of Florida, to read:

18         Section 3.  Definitions.--As used in this act:

19         (18)  "Benefits" means benefits offered by the

20  commission, which include a retirement plan and life and

21  health insurance plans and may include cafeteria-style options

22  and making available to employees one or more deferred income

23  plans.

24         (19)  "Board" means the Hillsborough County Board of

25  County Commissioners.

26         (20)  "Contingency fund" means those moneys held by the

27  district to pay a debt that is not currently fixed but may

28  become so in the future with the occurrence of some uncertain

29  event, which moneys may be carried forward from one year to

30  the next.

31         (21)  "County" means Hillsborough County.

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    Florida Senate - 2000        (NP)                      SB 2652
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  1         (22)  "District" means the Hillsborough County Public

  2  Transportation Commission.

  3         (23)  "Hearing officer" means a person designated by

  4  the commission to perform the duties prescribed by this act

  5  who is licensed and in good standing with The Florida Bar and

  6  who has demonstrated experience of at least 5 years in

  7  administrative law in this state.

  8         (24)  "Inspector" means a person who is employed and

  9  trained by the commission and is supervised by its director or

10  any interim director to provide day-to-day routine enforcement

11  of this act and the rules adopted under this act.

12         (25)  "Liability insurance" means insurance against

13  legal liability for the death, injury, or disability of any

14  human being, or for damage to property, with provision for

15  medical, hospital, and surgical benefits to the injured

16  persons, irrespective of the legal liability of the insured,

17  when issued as part of the legal liability of the insured.

18         (26)  "Permit" means a license issued by the commission

19  to allow the operation of a particular public vehicle for

20  which a certificate has been issued.

21         (27)  "Revenues" means moneys acquired through fees for

22  services provided, any moneys that are appropriated to the

23  district by the county and any of its municipalities as

24  provided by this act, or moneys from any other source and

25  interest income thereon.

26         (28)  "Surplus funds" means revenues of the district,

27  less the contingency funds, which funds may be carried forward

28  from one fiscal year to the next.

29         Section 4.  Section 5 of chapter 83-423, Laws of

30  Florida, as amended by section 5 of chapter 87-496, Laws of

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    Florida Senate - 2000        (NP)                      SB 2652
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  1  Florida, and section 4 of chapter 88-493, Laws of Florida, is

  2  amended to read:

  3         Section 5.  Application for Certificate.--

  4         (1)  It is shall be unlawful for any person to engage

  5  in the business of operating a public vehicle taxicabs, vans,

  6  limousines, handicabs, basic life support ambulances or

  7  wreckers on the public highways of the Hillsborough county

  8  unless that person has complied with the provisions of this

  9  act and the rules adopted under this act have been complied

10  with.

11         (2)  Any person desiring to engage in the business of

12  operating any public vehicle in the county must first acquire

13  a certificate from the commission and must shall first make

14  written application to the commission on a form provided by

15  the commission for that purpose Public Transportation

16  Commission for a certificate to operate such vehicles.  Such

17  application shall be made on forms issued by the Public

18  Transportation Commission, and shall be filed with its

19  secretary and shall contain the full name and address of the

20  applicant (if a corporation, the names of the officers of said

21  corporation), the principal location of the business, the

22  number of vehicles to be operated under said certificate, if

23  granted, and such other information as may be required by the

24  commission.  Upon receipt the filing of such application, the

25  commission shall investigate the facts stated in the

26  application make or cause to be made an investigation thereon

27  and shall fix a date, time, and place for a public hearing on

28  the upon such application.  Wrecker applications are

29  specifically excluded from the public hearing requirement of

30  this section since wreckers are not authorized to transport

31  passengers for hire.  Not less than 20 days before the public

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    Florida Senate - 2000        (NP)                      SB 2652
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  1  hearing, the commission The secretary shall provide serve a

  2  copy of such applications requiring public hearings, together

  3  with a notice of the date, time, and place of such public

  4  hearing, to upon all persons then providing the type of

  5  service being applied for under certificate issued by or

  6  franchise from the commission and notice that the pending

  7  application is available for inspection and copying at the

  8  office of the commission (taxicab, van, limousine, handicab,

  9  or basic life support ambulance).

10         (3)  Such public hearings may be held by the commission

11  as a whole, or by a committee made up of its members appointed

12  by the commission for that purpose, or by a hearing officer as

13  further provided by this act. The committee or hearing officer

14  shall report but such committee shall report to the commission

15  its findings and recommendations to the commission for

16  approval, disapproval, or modification.  The commission may

17  conduct such further hearings and make such additional

18  investigations as it deems may deem necessary before taking

19  final action passing upon the matter.  If the person applying

20  for such certificate is not operating vehicles in the

21  Hillsborough county at the time this act becomes law, or if

22  such said application is shall be for a certificate to operate

23  additional vehicles under a certificate previously issued,

24  then the commission shall determine, by the hearings and

25  investigations hereinbefore provided, whether or not public

26  convenience and necessity will be promoted by the additional

27  proposed service, and if the commission determines that public

28  convenience and necessity will not be promoted by such

29  additional proposed service, then a certificate shall not be

30  granted. If, on the other hand, the commission finds that

31  public convenience and necessity requires such additional

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    Florida Senate - 2000        (NP)                      SB 2652
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  1  proposed service, then the certificate shall be granted,

  2  subject to the limitations imposed in other sections in this

  3  act.

  4         (4)(a)  The commission, committee, or hearing officer

  5  may require the parties to submit their statements of the

  6  facts and memoranda on the issues of law; may compel

  7  attendance of witnesses and production of evidence; may

  8  administer oaths and take testimony; may reasonably limit the

  9  scope of cross-examination to relevant matters raised on

10  direct examination of a witness; shall consider all the

11  evidence properly adduced at the hearing; and shall generally

12  conduct the hearing in a manner that affords all affected

13  parties administrative due process.

14         (b)  Following a hearing conducted by a committee or

15  hearing officer, the committee or hearing officer shall file a

16  written report and recommendations with the commission, and

17  the commission shall provide notice to the applicant and any

18  person who may have intervened in the hearing that the report

19  and recommendations are available for inspection and copying

20  at the office of the commission. The applicant and any one who

21  may have intervened at the public hearing may file written

22  exceptions to the report and recommendations at the office of

23  the commission not less than 5 business days before the public

24  hearing before the commission on the application. The

25  commission shall take final action affirming, reversing, or

26  modifying the recommendations. It is further provided,

27  however, that if an exception or exceptions have been timely

28  filed and the commission determines that new facts have been

29  offered which were not available at the time of the hearing

30  before the committee or hearing officer, the commission may

31  remand the report and recommendations, along with the

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    Florida Senate - 2000        (NP)                      SB 2652
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  1  exception or exceptions, to the committee or hearing officer

  2  and set the date, time, and place of another public hearing,

  3  with proper notice to the applicant and any person who

  4  intervened at the initial public hearing, of such

  5  supplementary public hearing. Thereafter, the committee or

  6  hearing officer shall file a supplemental report with the

  7  commission for its final action affirming, reversing, or

  8  modifying the recommendations.

  9         (c)  Any person aggrieved by the final administrative

10  decision may seek judicial review in accordance with the

11  Florida Administrative Procedure Act.

12         Section 5.  Section 10 of chapter 83-423, Laws of

13  Florida, is amended to read:

14         Section 10.  The Public Transportation commission and

15  law enforcement agencies operating within the Hillsborough

16  county are responsible for the enforcement of this act and the

17  rules adopted under this act.  The Hillsborough County Board

18  of County Commissioners shall provide to the Public

19  Transportation Commission one or more inspectors to enforce

20  the provisions of this act and the rules and regulations

21  promulgated by the Public Transportation Commission.

22  Commission Such inspectors may call upon any law enforcement

23  officer within an appropriate jurisdiction to assist in the

24  enforcement of this act. The Public Transportation commission

25  is authorized to develop and issue a summons to appear before

26  the commission to any person who violates this act or any rule

27  adopted under this act shall violate any established rule or

28  regulation, and may, through any of its inspectors

29  inspector(s), obtain from the state attorney a warrant or

30  capias for violation of this act or any rule adopted under

31  this act.

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  1         Section 6.  Section 16 is added to chapter 83-423, Laws

  2  of Florida, as amended, to read:

  3         Section 16. County responsibility.--The commission and

  4  the board shall execute an interlocal agreement that must

  5  include the appropriation of a sum of money to the commission

  6  to be negotiated and paid by the board to the commission for a

  7  period of 3 years beginning October 1, 2000.

  8         Section 7.  Subsection (3) of section 9 of chapter

  9  83-423, Laws of Florida, is amended to read:

10         Section 9.  The Commission shall adopt regulations for:

11         (3)  Investigation of applicant:  The Public

12  Transportation commission shall have an investigation made of

13  the facts stated in an application for a public vehicle

14  driver's license and other relevant data.  The file shall be

15  available to the applicant or his agent upon request.  The

16  Public Transportation commission is authorized to receive

17  criminal history record information from the Florida

18  Department of Criminal Law Enforcement and from local law

19  enforcement agencies for the purpose of screening applicants

20  and to pay a fee for any such record.

21         Section 8.  Section 6 of chapter 83-423, Laws of

22  Florida, is repealed.

23         Section 9.  This act shall take effect upon becoming a

24  law.

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