| 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. |