The Florida Intrastate Transportation Alliance

 Chapter 2001-299 Laws of Florida Violates the Florida Constitution

Pursuant to ch 316.70 Florida Statutes Motor Carriers engaged in the business of passenger transportation utilizing vehicles defined under ch 316.003(78) as a nonpublic sector bus are placed under the regulatory control of the Florida Department of Transportation.

In writing confirmation has been obtained from the FDOT General Counsel:

"As identified in your letter, Section 316.70 Florida Statutes, places the safety regulation of nonpublic sector buses on the Department. Rule Chapter 14-87, Florida Administrative Code, is the Department's regulation of such nonpublic sector buses."  Pamela S. Leslie, General Counsel

The Florida Constitution

SECTION 11.  Prohibited special laws.--

(a)  There shall be no special law or general law of local application pertaining to:

(20)  regulation of occupations which are regulated by a state agency

Every Motor Carrier Utilizing A Public Vehicle As Defined Under Ch 2001-299 Is Subject To The Licensing Mandates Given Under This Act Of The Florida Legislature When Transporting Passengers For Compensation On The Highways Of Hillsborough County

Exemptions To Definition Of Public Vehicle

Limousine 

 No Exemptions Given

Taxicab

Sight-Seeing Cars or Buses

Streetcars

Motor Buses Operated Pursuant To Franchise

Van

Sight-Seeing Cars or Buses

Street Cars

Motor Buses Operated Pursuant To Franchise

Courtesy Vans & Limousines Not For Hire 

Chapter 2001-299 Laws of Florida

Section 7

( 1 )  It is unlawful for any person to engage in the business of operating a public vehicle on the public highways of the county unless that person has complied with the provisions of this act

( 2 ) Any person desiring to engage in the business of operating any public vehicle in the county must first acquire a certificate from the commission and must first make written application to the commission on a form provided by the commission for that purpose. Upon receipt of such application the commission shall investigate the facts stated in the application and fix a date, time, and place for a public hearing. 

Section 11

( 1 ) In addition to any civil penalties contained elsewhere in this act, any person who violates or fails to comply with or who procures, aids, or abets in the violation of any provision of this act or any rules adopted in accordance with this act is guilty of a criminal offense and misdemeanor in accordance with section 775.08, Florida Statutes.

( 2 ) Any person who operates a public vehicle upon the public highways without a certificate, permit, or public vehicle driver's license as provided by this act or who violates any provision of this act may be enjoined by the courts of this state from any such violation. 

Powers Of The HCPTC Given Under Statute

The Commission Shall

• Regulate and supervise the operation of public vehicles upon the public highways & in all other matters affecting the relationship between such operation & the traveling public
• Adopt rules in conformance with chapter 120 Florida Statutes*
• Meet monthly unless modified in advance at a regulary scheduled meeting of the Commission
• Record & make minutes of its proceedings
• Make copies of its records upon request in accordance with general law
• Publish any notices which it is required to  make in the county in some newspaper as defined in chapter 50 F.S.
• Perform the duties required by this act
• Provide for a safety & mechanical inspection of any vehicle which has been previously used prior to granting a permit for operation as a public vehicle
• Determine whether public convenience and necessity  require the operation of a public vehicle  proposed in an application for a certificate or a permit
• Adopt rules for safety and equipment  requirements for taxicabs, limousines and vans
• Investigate the facts stated in an application for a public vehicle driver's license
• The commission and law enforcement agencies operating within the county are responsible for the enforcement of this act 

The Commission Has The Power To 

•  By rule, establish a fee schedule to include annual fees for certificates, permits and PVDL's and charge fees as necessary to recover costs for the servics rendered
• By rule, establish a standard for the payment of the costs associated with the use of a hearing officer by the applicant
• By rule, establish a cap on the number of taxicab permits which may be issued

     *Chapter 120 ( 8 ) "Invalid exercise of delegated legislative authority" means action which goes beyond the powers, functions, and duties delegated by the Legislature. A proposed or existing rule is an invalid exercise of delegated legislative authority if any of the following applies:

( c ) The rules enlarges, modifies, or contravenes the specific provision of law implemented 

Tampa Limousine Law

Q & A's

Q - I'm picking up passengers in Orlando and dropping them off at the Tampa cruise ship terminal. Pursuant to the law, do I need a HCPTC license to do this?

A - Yes, the law is very specific. If you are providing passenger transportation in a vehicle that meets the definition of a public vehicle you must be licensed by the HCPTC to operate on the roadways of Hillsborough County.

Q - I have a group of customers who want me to transport them from Sarasota into Tampa to attend a concert wait, and return them back home after the show is over. Do I need a license to do this?

A - Ch 2001-299 specifically states that if you are engaged in the business of operating a public vehicle in the county you must obtain a certificate from the commission.

Q - Is it true that the HCPTC has enacted rules that allows a limousine to operate in Tampa without licensure as long as the passengers were picked up in another county?

A - In contravening and expanding its' mandated legislation, the HCPTC has enacted rules which allows a variety of scenarios in which a unlicensed limousine may operate in the county. Such rules are subject to challenge as provided for under the Florida Administrative Procedures Act.