The Florida Intrastate Transportation Alliance
a Florida passenger transportation advocacy group
fighting for the rights of motor carriers & the traveling consumer
Hillsborough County Commissioner Kevin White, Tampa City Council Member Joseph Caetano, Hillsborough County Commissioner Kevin Beckner and Temple Terrace Council Member Mark Knapp Vote To Deny Citizens Right To Challenge Unlawful Agency Rules
See "Politicos Fail To Act" For Details
Rich Glorioso & Rick Kriseman
Sponsor Bill Giving Citizens The Right To Challenge The Illegal Rules Of The Hillsborough County Public Transportation
Change In Law Which Will Allow Rules Challenges To Be Brought Before The Division of Administrative Hearings Receives A Thumbs Up
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Disclaimer
All Content & Opinions Contained Herein Are Derived From Industry News Sources, Court Recordings & Recordings Of Public Record
The Florida Intrastate Transportation Alliance
FL
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Hillsborough County Public Transportation Law Violates The Commerce Clause Of The United States Constitution
Regardless Of Where The Transportation Begins The Florida Legislature Has Passed Into Law Provisions Which Makes It A Criminal Act For Many Passenger For-Hire Vehicles To Traverse The Highways Of Hillsborough County Unless The Motor Carrier Is Licensed By The Hillsborough County Public Transportation Commission
"I used to sit on the PTC, a more bureaucratic, hyper-regulatory agency I have yet to meet" Florida Senator Ronda Storms 12/07/07
Created By An Act Of The Florida Legislature?
No!
Created by an act of clueless thugs feeding the pockets of the Hillsborough County Delegation to protect the wallets of Tampa based Taxicabs & Limousines.
Hillsborough County Public Transportation Commission Facts
The HCPTC is the only regulatory body of its kind with powers set in a special act of the Florida Legislature, Chapter 2001-299 Laws of Florida.
The HCPTC is an Independent Special District which must rely on extorting money through licensing fees & civil fines for its financial solvency.
As an administrative unit, the HCPTC regulatory is limited to that which is specifically set forth in statute.
The HCPTC cannot enact any rules that enlarges, modifies or contravenes its' statutory authority.
The HCPTC's statutory provision as written makes it unlawful for any limousine or taxicab to provide vehicle-for-hire transportation upon the public highways of the county unless that person has obtained licensure from the HCPTC.
Chapter 2001-299 Laws of Florida does not provide any provision which allows a limousine to:
- Pick up passengers in one county or state & drop off in Hillsborough County
- Pick up the paying passenger in one county or state & enter Hillsborough to load additional passengers
- Pick up passengers in one county or state and enter Hillsborough in providing charter transport to an event or venue
- Pass through Hillsborough in travel provision from one county or state to another
Chapter 2001-299 Laws of Florida mandates that the HCPTC will enact rules in conformance with the Florida Administrative procedures act, Chapter 120 Florida Statutes
Under Chapter 120, any rule which contravenes the statutory mandate is deemed to be an invalid excerise of delegated authority and therefore any rule enacted by the HCPTC which contravenes the mandate that every limousine and taxicab providing passenger transportation on the roadways of the county is an invalid rule
The HCPTC employs Reserve Deputies to enforce its Laws & regulations upon motor carriers.
The HCPTC does not employ certified mechanics to perform the most rudimentary function of mechanical safety inspections of vehicles transporting the public.
The Special Act Violates
Federal Preemption & The Florida Constitution
This Special Law Places Vehicles Defined Under Chapter 316.003 F.S. As Nonpublic Sector Buses Under The Regulatory Of The HCPTC. Motor Carriers Engaged In The Occupation Of Passenger Transportation Utilizing Nonpublic Sector Buses Are Placed Under the Regulatory Of The Florida Department Of Transportation Pursuant To Chapter 316.70 F.S. This regulation has been confirmed by the General Counsel of the FDOT.
The Florida Constitution Reads;
There will be no special law or general law of local application pertaining to regulating an occupation regulated by a state agency.
In Addition, The Special Act Does Not Deliniate And Exclude Buses Engaged In Providing Intrastate Chartered Transportation & Therefore Chartered Transportation Services Must Also Obtain, Under Threat Of Criminal Prosecution, A HCPTC Certificate Of Public Convenience & Necessity Defined As "Granting Of Authority".
This requirement violates the provisions set forth under 49 USC ss 14501 ( a ) That no State or political subdivision will enact any laws pertaining to the granting of authority to provide intrastate charter bus transportation.
Imagine Running A Business & Being Prohibited By Law From Having Sales Or Offering Specials To Repeat Customers!
Free After Reception Transportation
1 Hour Free With Minimum 5 Hour Contract
Frequent Traveler Discounts
Weekday Discounts
Any Such Marketing Of Limousine Transportation In Tampa Could Result In:
Arrest
Fines
Loss Of Business License
What Is A Public Vehicle Under The Special Act?
The stretch limousine one
would hire for a wedding, prom,
funeral or that
special night on the town.
The small bus a group would charter for transfers to the airport or cruise line terminals.
Under this "Special Act" privately owned & operated businesses with no government contracts or receipt of public financing that must compete for consumers as any other private business does, have been placed under a category of
"Public Transportation".
Pricing Controls
With the placement of nonpublic vehicles (privately owned & operated transportation not under contract with government entities) under the category of public, the HCPTC has been authorized under the special law to impose pricing controls & they do so under the pretense of protecting the Tampa Taxi Industry. The HCPTC sets "MINIMUM" pricing that the consumer must pay under a special law that violates Florida Statute 125.0103 which explicitly states that there will be no pricing controls placed upon a lawful business unless specifically provided for under "General Law"
The Florida Intrastate Transportation Alliance
FL
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