| 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. |