Senate Bill 2590

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    Florida Senate - 2000                                  SB 2590

    By Senator Dawson





    30-1003-00

  1                      A bill to be entitled

  2         An act relating to vehicles for hire; defining

  3         terms; requiring chauffeurs to obtain permits

  4         from the Department of Business and

  5         Professional Regulation; requiring operators of

  6         vehicles for hire to obtain a certificate of

  7         public conveyance from that department;

  8         requiring all vehicles for hire to have a

  9         vehicle-for-hire permit issued by the

10         Department of Highway Safety and Motor

11         Vehicles; establishing license requirements and

12         guidelines for both permits and the

13         certificate; providing fees; providing

14         penalties; providing for the distribution of

15         fees; requiring the establishment of tax class

16         codes; requiring annual safety inspections;

17         providing insurance requirements; exempting

18         certain vehicles for hire from registration

19         requirements; requiring mandatory alcohol or

20         drug testing; preempting certain local

21         ordinances; providing an effective date.

22

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

24

25         Section 1.  For-hire vehicles.--

26         (1)  DEFINITIONS.--As used in this section, the term:

27         (a)  "Chauffeur" means the operator who is in actual

28  physical control of a vehicle for hire.

29         (b)  "Department" means the Department of Highway

30  Safety and Motor Vehicles.

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    Florida Senate - 2000                                  SB 2590
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  1         (c)  "Operative condition" means a good and safe

  2  operating condition and, when applicable, within

  3  specifications established by the manufacturer.

  4         (d)  "Owner" means a person, as defined in section

  5  316.003, Florida Statutes, who owns a motor vehicle, covered

  6  by this section or owns or operates a vehicle-for-hire

  7  business.

  8         (e)  "Taxicab" means a motor vehicle that transports a

  9  maximum of 14 passengers, that has permanent markings

10  identifying it as a taxicab, and for which the fare charged is

11  calculated by an electronic meter.

12         (f)  "Vehicle for hire" means a vehicle defined in

13  section 320.01(15), Florida Statutes.

14         (2)  CHAUFFEUR PERMIT.--

15         (a)  A person who drives a vehicle for hire while it is

16  carrying passengers must have a chauffeur permit issued by the

17  Department of Business and Professional Regulation in his

18  possession. The department shall adopt rules and forms for the

19  issuance and renewal of chauffeur permits and shall collect an

20  annual fee of $40, $20 of which shall be forwarded to the

21  municipality in which the chauffeur resides and $20 of which

22  shall be retained by the department for its administrative

23  costs.

24         (b)  An applicant for a chauffeur permit must file an

25  application with the department and include with the

26  application two completed sets of fingerprints, which the

27  department shall forward to the Florida Department of Law

28  Enforcement and the Federal Bureau of Investigation to conduct

29  a criminal-history check. An applicant who has been found

30  guilty of a crime against persons, a crime involving weapons,

31  a felony, a crime involving alcohol or illegal substances, or

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    Florida Senate - 2000                                  SB 2590
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  1  a crime of moral turpitude within the preceding 5 years, who

  2  is on probation or community control in any jurisdiction, may

  3  not be issued a permit.

  4         (c)  The Department of Business and Professional

  5  Regulation shall also obtain from the Department of Highway

  6  Safety and Motor Vehicles a motor vehicle driver's check at

  7  the time of initial application and at each annual renewal of

  8  the chauffeur permit. A permit may not be issued or renewed

  9  for an applicant who has been found guilty of a traffic

10  offense involving alcohol, illegal substances, or reckless

11  driving or who has had more than three moving violations or

12  three at-fault traffic accidents resulting in personal

13  injuries or property damage exceeding $500.

14         (3)  CERTIFICATE OF PUBLIC CONVEYANCE; OCCUPATIONAL

15  LICENSE.--

16         (a)  The owner or operator of a business that offers

17  vehicles for hire must hold a certificate of public conveyance

18  issued by the Department of Business Regulation and must have

19  an occupational license from the municipality where it

20  operates.

21         (b)  That department shall adopt rules and forms for

22  the issuance and renewal of the certificates and shall collect

23  an annual fee of $75, $25 of which shall be forwarded to the

24  municipality in which the business operates and $50 of which

25  shall be retained by the department for its administrative

26  costs.

27         (c)  An application for a certificate of public

28  conveyance, must include the full legal name, date of birth,

29  social security number, actual residence address, and driver's

30  license number and state of issuance of any person who owns a

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    Florida Senate - 2000                                  SB 2590
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  1  10 percent or greater interest in the applicant's

  2  vehicle-for-hire business.

  3         (d)  An applicant must include with an application two

  4  completed sets of fingerprints for each person listed on the

  5  application, which the department shall forward to the Florida

  6  Department of Law Enforcement and the Federal Bureau of

  7  Investigation to conduct a criminal-history check. An

  8  applicant who has been found guilty of a crime against

  9  persons, a crime involving weapons, a felony, a crime

10  involving alcohol or illegal substances, or crime of moral

11  turpitude, within the preceding 5 years or who is on probation

12  or community control in any jurisdiction may not be issued a

13  permit.

14         (4)  VEHICLE-FOR-HIRE PERMIT.--

15         (a)  A vehicle for hire operated in this state must

16  have a vehicle-for-hire permit issued by the Department of

17  Highway Safety and Motor Vehicles.

18         (b)  The Department of Highway Safety and Motor

19  Vehicles shall adopt rules and forms for the issuance and

20  renewal of vehicle-for-hire permits and, in addition to the

21  appropriate license plate fees for the vehicle, shall collect

22  an annual fee of $150, $120 of which shall be forwarded to the

23  municipality in which the vehicle operates, which shall be

24  paid by the municipality to the law enforcement agency having

25  jurisdiction within the municipality. Thirty dollars of the

26  fee shall be paid to the Florida Highway Patrol. The funds

27  provided to law enforcement agencies are to provide for

28  increased law enforcement and increased public safety, and

29  must be used as follows:

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  1         1.  Funds distributed to a law enforcement agency in

  2  excess of $50,000 in any calendar year must be used to employ

  3  full-time law enforcement officers within that agency.

  4         2.  Funds distributed to a law enforcement agency which

  5  total less than $50,000 in any calendar year must be used only

  6  for the direct support of officers within that agency, such as

  7  for the purchase of weapons, uniforms, protective equipment,

  8  and marked patrol vehicles.

  9         (5)  TAX CLASS CODES.--

10         (a)  The Department of Highway Safety and Motor

11  Vehicles shall use the existing county designation method of

12  vehicle registration and shall establish tax class codes for

13  the following types of vehicles for hire to track each type

14  within each local jurisdiction:

15         1.  Ambulance, which is a motor vehicle that transports

16  passengers for emergency medical purposes, has permanent

17  markings identifying it as such, is equipped with visible and

18  audible emergency equipment, and for which the fare is

19  determined by a flat rate or time basis, but not by an

20  electronic meter.

21         2.  Bus, which is a motor vehicle that transports more

22  than 14 passengers and for which the fare is determined by a

23  flat rate or time basis, but not by an electronic meter.

24         3.  Limousine, which is a motor vehicle that transports

25  a maximum of 10 passengers, has been altered from its original

26  design, meets United States Department of Transportation,

27  Federal Highway Administration, and National Transportation

28  Safety Administration requirements, and for which the fare is

29  determined by a flat rate or time basis, but not by an

30  electronic meter.

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    Florida Senate - 2000                                  SB 2590
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  1         4.  Luxury sedan, which is a motor vehicle that has a

  2  maximum capacity of 5 passengers, is not altered from its

  3  original design, and for which the fare is determined by a

  4  flat rate or time basis but not by an electronic meter.

  5         5.  Nonemergency medical transport, which is a motor

  6  vehicle that transports passengers for nonemergency medical

  7  purposes only, has permanent markings identifying it as such,

  8  and for which the fare is determined by a flat rate or time

  9  basis, but not by an electronic meter.

10         6.  Taxicab, which is a motor vehicle that has a

11  maximum capacity of 14 passengers, has permanent markings

12  identifying it as such, for which the fare is determined by an

13  electronic meter, and that may provide only on-demand service

14  without prior reservation or arrangement which is obtained by

15  the consumer at the point where the service originates.

16         (b)  The department shall design a special license

17  plate for vehicles for hire, which shall be produced in

18  duplicate and attached to the front and rear of the vehicle.

19  The word "Florida" must appear at the top of the plate and the

20  word "Livery" must appear at the bottom of the plate. The

21  plate shall also serve as the vehicle-for-hire permit.

22         (6)  MECHANICAL AND SAFETY INSPECTION REQUIREMENTS.--

23         (a)  A vehicle for hire that is more than 1 year old or

24  has more than 10,000 odometer miles must be inspected

25  annually, and a form evidencing that such inspection was

26  passed must be filed with the Department of Highway Safety and

27  Motor Vehicles before a vehicle-for-hire permit may be issued

28  or renewed. The operator must maintain a copy of the

29  inspection form at its principal place of business and in the

30  vehicle.

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    Florida Senate - 2000                                  SB 2590
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  1         (b)  A vehicle for hire must be inspected for

  2  compliance with the following standards:

  3         1.  Brakes must be within the manufacturer's safety

  4  limits, with at least 1/16 inch of brake-pad material

  5  remaining. The parking brakes must be in working order, and

  6  where applicable, the brake systems must comply with sections

  7  316.261, 316.262, and 316.263, Florida Statutes.

  8         2.  The exhaust system may not be modified as to sound

  9  or appearance and must be free of leaks.

10         3.  The lights, horn, door locks, and safety belts must

11  be in operative condition.

12         4.  The floor must not have any areas that are rusted

13  through or unable to bear the weight for which it was

14  designed, doors must be securely attached, seats must be

15  securely fastened to the body, and the welds on any vehicle

16  that has been modified from the manufactured design must be

17  intact and free of cracks or signs of distress.

18         5.  Steering may not exceed 3 inches of play to the

19  left or right of center.

20         6.  Tires must be in good condition and have at least

21  2/32 inches of tread.

22         7.  A fire extinguisher that meets all applicable

23  safety standards must be easily accessible to the chauffeur.

24         8.  One seat belt must be available for each occupant

25  position, including the chauffeur, and child restraints, as

26  required in section 316.613, Florida Statutes, must be easily

27  accessible to passengers accompanied by children.

28         9.  Optional equipment, such as intercoms, climate

29  controls, lighting controls, and entertainment devices must be

30  in operative condition.

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  1         10.  The vehicle must be in compliance with the

  2  manufacturer's standards for its rated capacity, as approved

  3  by the National Traffic Safety Administration. Such capacity

  4  may not exceed the established gross-vehicle-weight rating for

  5  the vehicle.

  6         (c)  Taxicabs must also have the following equipment:

  7         1.  An electronic meter that is operative, sealed, and

  8  clearly visible to the passengers and that conforms to the

  9  advertised rates.

10         2.  A top light that is permanently mounted to the

11  exterior of the roof and that is able to be illuminated

12  manually from inside the vehicle.

13         3.  Markings that are permanently affixed to both sides

14  of the vehicle, which provide, in letters at least 2 inches in

15  height, the name and telephone number of the operator and the

16  cab number and, in letters at least 1 inch in height, the

17  rates. The word "TAXI" must also appear on both sides of the

18  vehicle. Magnetic signs are prohibited.

19         (d)  Inspections must be performed by a technician

20  certified by the Automotive Safety Engineers at an automobile

21  repair facility that is licensed by the Department of

22  Agriculture and Consumer Affairs. An operator that maintains

23  repair facilities for its vehicles may conduct

24  self-examinations if they are performed by a full-time

25  employee who is certified by the Automotive Safety Engineers.

26  Before conducting self-examinations, an operator must obtain

27  prior approval from the department on departmental forms.

28         (7)  INSURANCE REQUIREMENTS.--A vehicle for hire must

29  be covered by liability insurance in minimum amounts of

30  $100,000 per single injury per occurrence, $300,000 aggregate

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  1  personal injury per occurrence, and $50,000 property damage

  2  per occurrence.

  3         (8)  VIOLATIONS; PENALTIES.--A violation of this

  4  section is a misdemeanor of the second degree, except that a

  5  subsequent violation or the falsification of a vehicle

  6  inspection report is a misdemeanor of the first degree,

  7  punishable as provided in section 775.082 or section 775.083,

  8  Florida Statutes.

  9         (9)  EXEMPTIONS.--

10         (a)  Vehicles for hire that are registered in another

11  state and that originate passenger service outside this state

12  may operate in this state without complying with the

13  registration requirements of this section if they travel in

14  this state for the sole purpose of completing the service and

15  they remain exclusively with the person who contracted for

16  such service. Such vehicles may not originate vehicle-for-hire

17  service in this state, however, without complying with all the

18  provisions of this section.

19         (b)  Vehicles for hire that are registered and

20  permitted by the United States Department of Transportation

21  and that bear a registration number issued by the United

22  States Department of Transportation are exempt from the

23  registration requirement of this section if they are not

24  operated primarily in this state and do not provide services

25  from a point of origin in this state on more than three

26  occasions within a 30-day period.

27         (10)  MANDATORY ALCOHOL OR DRUG TESTING.--A chauffeur

28  who is involved in an accident while operating a vehicle for

29  hire in which a person is killed or injured, or who is

30  suspected by a law enforcement officer to be operating a

31  vehicle under the influence of alcohol, controlled substances,

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  1  or any substance prohibited in section 877.111, Florida

  2  Statutes, must immediately submit to an approved chemical or

  3  physical blood, breath, or urine test.

  4         (11)  PREEMPTION.--This section preempts any local

  5  government ordinance or other act regulating or requiring

  6  permits for any person or activity regulated by this section.

  7         Section 2.  This act shall take effect July 1, 2000.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Established regulations for vehicles for hire. Requires
      chauffeurs and vehicles for hire to have certain permits
12    and requires operators of such businesses to obtain a
      certificate. Establishes licensure requirements, sets
13    fees, and provides penalties. Provides exemptions.
      Requires alcohol and drug testing in certain situations.
14    (See bill for details.)

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