The Florida Intrastate Transportation Alliance

Fact

Many Of The Rules Of The HCPTC Are An Invalid Exercise Of Delegated Authority Pursuant To Chapter 120 Florida Statutes

FACT

In The Late 90's The Joint Administrative Procedures Committee (JAPC) Found The HCPTC'S Regulations To Be An Invalid Excercise Of Delegated Authority

In 2009 JAPC Again Expressed The Same Concerns

FACT   

Chapter 2001-299 Laws of Florida Specifically Spells Out What The HCPTC Shall or Has The Power To Adopt Agency Rules For:

Chapter 2001-299, S-5, Laws of Florida

( 1 )  The commission shall:

(k)  With regard to taxicabs, adopt rules for determining and changing color scheme, insignia, and cruise light design.

(m)  Adopt rules for safety and equipment requirements for taxicabs, limousine, vans, handicabs, and basic life support ambulances and for voice communications equipment for all public vehicles.

(o)  Prescribe by rule the size and manner of the photographs to be submitted by each applicant for a public vehicle driver’s license.

 ( 2 )  The commission has the power to:

(e)  By rule, establish a fee schedule to include annual fees for certificates, permits, and public vehicle driver’s licenses and charges as necessary to recover costs for the services rendered pursuant to this act and any rules adopted in accordance with this act.

(t) By rule, establish a standard for the payment of the costs associated with the use of a hearing officer by the applicant and any certificate holder or holders who have voluntarily intervened in a public hearing of the type for which the public hearing is to be or was conducted.

(v)  By rule, establish a cap on the number of taxicab permits which ma be issued on the population of the county as determined from the most current edition of the “University of Florida , Population Division, Bureau of Economic Business Research.”

(x)  Adopt procedural rules for and convene administrative hearings to abate, correct, or assess civil penalties for a violation for which a citation has been issued.

(y)  Adopt rules assessing civil penalties for violations for which a citation has been issued in accordance with the provisions of this act and the rules adopted in accordance with this act. The civil penalties which may be assessed by rule are suspension or revocation of, or restrictions upon, a certificate, permit, or public vehicle driver’s license, judgment against the person for an amount up to $500, or any combination of the above. The assessment of any monetary civil penalty on the violator shall, if unpaid, constitute a lien against the assets of the violator.

(z)  Delegate by rule any administrative hearings relating to citations to be held by the director, interim director, or hearing officer except as may be prohibited by this act.

(ff)  Establish by rule, criteria for requiring an additional health certificate for any applicant for a public vehicle driver’s license.

(gg)  Require additional insurance coverage and limitations by rule for certificate holders which coverage’s may not be less than those required by general law or by this act.

(mm)  Grant variances and waivers in accordance with the Florida Administrative Procedure Act after having adopted implementing rules establishing procedures for granting or denying petitions for variances and waivers and having published notice as provided by this act of a petition for a variance or waiver. 

 (nn)  Provide by rule the minimum requirements for a drug free workplace program and require that each person possessing a certificate or applying for a certificate to operate a public vehicle implement a drug free workplace program which includes those minimum requirements.

If you receive a citation by an Inspector of the HCPTC, demand a statutory reference to the charges contained in the citation.

Examples: If you receive a citation for not wearing a tie, demand to see the statutory provision in 2001-299 authorizing the HCPTC to adopt a "dress code" rule.

The PTC demands small bus motor carriers to submit vehicle color schemes & graphics, demand to see where in the special act this agency has bee empowered to do such outside of taxicabs pursuant to Section 5( 1 )(k)  

Remember

It only unlawful if an act violates 2001-299 or any rules adopted in accordance  with  2001-299

Any agency rule adopted by the HCPTC not provided for by 2001-299 is an invalid exercise of delegated authority of the HCPTC.

If the Legislature wished to give the Gestapo carte' blanche rulemaking authority it would of done so instead of specifically spelling out what subject matters the HCPTC shall or has the powers through rulemaking to implement.