Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1180
       
       
       
       
       
       
                                Barcode 784582                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/14/2011           .                                
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       The Committee on Budget Subcommittee on Transportation, Tourism,
       and Economic Development Appropriations (Latvala) recommended
       the following:
       
    1         Senate Substitute for Amendment (272824) (with title
    2  amendment)
    3  
    4         Between lines 2959 and 2960
    5  insert:
    6         Section 58. (1) As used in this section, the term:
    7         (a) “License” includes any certificate, permit, medallion,
    8  or other evidence that authorizes a person to operate a public
    9  vehicle for hire within the geographic boundaries of a
   10  governmental unit.
   11         (b) “Governmental unit” includes a county, municipality,
   12  special district, commission, or other unit of state or local
   13  government.
   14         (2) Any governmental unit that is authorized to regulate
   15  the operation of public vehicles for hire within its geographic
   16  boundaries may adopt ordinances, rules, regulations, orders, or
   17  other acts that create a private property right or interest in a
   18  license to operate a public vehicle for hire within the
   19  geographic boundaries of the governmental unit.
   20         (3) Upon creation of a private property right or interest
   21  in a license to operate, a public vehicle for hire license
   22  holder shall have the right to pledge, assign, sublease, sell,
   23  or otherwise transfer the license, except as provided otherwise
   24  by ordinances, rules, regulations, orders, or other acts of the
   25  local governmental unit. A private property right or interest in
   26  a license to operate a public vehicle for hire may be
   27  transferred by operation of intestate succession or devise,
   28  except as provided otherwise by ordinances, rules, regulations,
   29  orders, or other acts of the local governmental unit. The
   30  ownership, transfer and operation of a public vehicle for hire
   31  license shall be in compliance with the governmental unit’s
   32  local ordinances, rules, regulations, and orders regarding
   33  ownership, transfer, and operation of public vehicle for hires.
   34         (4) Any governmental unit that is authorized to regulate
   35  the operation of public vehicle for hire and other for-hire
   36  transportation within its geographic boundaries may request and
   37  receive criminal history record information for the purpose of
   38  screening applicants for licenses and for-hire vehicle driver’s
   39  licenses and pay a fee for any such record. Such record
   40  information may include a national criminal history records
   41  check with the Federal Bureau of Investigation. The fingerprints
   42  may be submitted by the governmental unit to the Department of
   43  Law Enforcement for state processing, and the department shall
   44  forward them to the Federal Bureau of Investigation for a
   45  national criminal history records check. All costs associated
   46  with transmittal and processing shall be borne by the
   47  governmental unit, the employer, or the person subject to the
   48  background check. The department shall invoice the governmental
   49  unit for the fingerprints submitted each month. The governmental
   50  unit shall screen background results to determine if an
   51  applicant meets its licensure requirements.
   52         (5) This section does not preempt or modify any ordinance
   53  creating a property right or interest in a vehicle for public
   54  hire license created by a governmental unit before July 1, 2011,
   55  or any amendment to an ordinance creating a property right or
   56  interest after July 1, 2011.
   57  
   58  ================= T I T L E  A M E N D M E N T ================
   59         And the title is amended as follows:
   60         Delete line 224
   61  and insert:
   62         future expiration of the pilot program; providing
   63         definitions; authorizing governmental units that
   64         regulate the operation of vehicles for public hire to
   65         create a private property right in the license to
   66         operate a vehicle for public hire; providing for the
   67         transfer of such property right; authorizing
   68         governmental units that regulate the operation of
   69         vehicles for public hire to request and receive
   70         criminal history record information for the purpose of
   71         screening applicants; providing applicability;
   72         providing an