a Florida passenger transportation advocacy group
fighting for the rights of motor carriers & the traveling consumer
Citizens Right To Challenge The Illegal Rules Of The Hillsborough County Public Transportation Commission Passes First Hurdle
Change In Law Which Will Allow Rules Challenges To Be Brought Before The Division of Administrative Hearings Receives A Thumbs Up By The Hillsborough Delegation & The Bill Is Heading To Tallahassee
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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
gunny
The HCPTC Forces Senior Citizens On Fixed Incomes To Use Expensive Luxury Limousine Services To Get Home From The Tampa Airport!
To Protect The Tampa Taxi Cartel, Intercounty Transportation Services Are Prohibited From Utilizing Cost Efficient Vehicles
Under Its' Enabling Legislation Chapter 1002-299 Laws of Florida
A Limousine Is
ANY motor vehicle not equipped with a taximeter with a passenger capacity of 15 or less
As an administrative body charged with enacting rules in accordance with Chapter 120 Florida Statutes, The Florida Administrative Procedures Act the HCPTC cannot enact RULES that enlarge or modify the provisions of law
Under What Authority Has The HCPTC Enlarged and Modified the Legislative Definition of Limousine?
Force A Restauranteur
To Open A Peter Luga's
In An Outback Town?
How About Forcing A Hotelier
To Build A 5 Star Hotel In A
Motel 6 Neighborhood?
Then Why Does A Transportation Commission Demand That Businesses Located In Middle Class Retiree America Stock The Fleet With $40,000. Cars?

Why Is This Car OK
&
This Car Not OK

To Transport Folks From The Airport?
Who Pays The $15,000. Purchase Price Difference?
The Hillsborough County Public Transportation Commission is an Independent Special District created by a special act of the Florida Legislature. It's powers are unique and limited to those conferred upon them by statute. This has been confirmed on several occasions by the Florida Attorney General who has ruled that the HCPTC even lacks the authority to require "Safety Shields" in taxicabs due to a lack of mandate set in the governing statute, chapter 2001-299 Laws of Florida.
Mandated under its' own law to adopt rules in conformance with Chapter 120 Florida Statutes titled, the Florida Admistrative Procedures Act
Under 120 any RULE that enlarges, modifies or contravenes the specific provisions of law implemented is deemed an "Invalid Excercise" of delegated legislative authority rendering the rule invalid.
Example Of HCPTC Modification, Enlargement, & Controvening a Specific Provision of 2001-299
Section 7 ( 1 ) & ( 2 )
( 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 operatiing any public vehicle in the county must first acquire a certificate from the commission
The plain & ordinary reading of the law is, if a motor carrier utilizing a public vehicle as defined under law traverses Hillsborough County roadways with paying passengers he/she must be licensed by the HCPTC or be in violation of the law.
The HCPTC Interpretation Of The Law
RULE 1.18
In A Nutshell
A limousine operater may transport into Tampa, passengers loaded in another county and as long as those passsengers are paying that driver, the limousine can traverse the roadways of Hillsborough for an unlimited amount of time.
Hillsborough Prom Kids can hire a non-licensed limousine service, meet the limo in Pasco County & be transported to the prom in Tampa.
Someone outside of Hillsborough can hire a limousine to transport them to Tampa International to meet an arriving passenger.
The same limo operator that just spent the night carrying drunk partyers or Prom Kids all over Tampa would be arrested the next day if caught providing a return intercounty transfer from the airport!
The Florida Intrastate Transportation Alliance
FL
gunny