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PROPOSED
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ORDINANCE NO. 2018-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
PERTAINING TO MOTOR CARRIERS; AMENDING
VARIOUS SECTIONS OF CHAPTER 22½ OF THE
BROWARD COUNTY CODE OF ORDINANCES ("CODE")
RELATING TO THE LICENSING AND OPERATION OF
FOR-HIRE GROUND TRANSPORTATION SERVICES;
REMOVING REGULATIONS RELATED TO
TRANSPORTATION NETWORK COMPANIES AND
CERTIFIED MOTOR CARRIERS; AMENDING VEHICLE
STANDARDS; AMENDING PROVISIONS RELATED TO
THE EXPIRATION OF PERMITS; ALLOWING FOR
ADDITIONAL TIME FOR REDEMPTION OF WHEELCHAIR
ACCESSIBLE CERTIFICATES; AND PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
WHEREAS, Chapter 22½ of the Broward County Code of Ordinances ("Code")
regulates for-hire ground transportation services in Broward County; and
WHEREAS, under Chapter 22½ of the Code, Broward County classifies
transportation network companies as motor carriers and regulates for-hire ground
transportation services provided by transportation network companies; and
WHEREAS, effective July 1, 2017, Broward County's regulation of transportation
network companies has been preempted by state law; and
WHEREAS, the Board of County Commissioners ("Board") desires to amend
Chapter 22½ of the Code to reflect the preemption of County regulations; and
WHEREAS, the Board desires to update the vehicle for-hire regulations to reflect
changes in the industry and to streamline the regulatory process; and
Exhibit 1
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WHEREAS, the Board desires to amend Chapter 22½ of the Code to allow for
additional time for redemption of wheelchair accessible certificates issued pursuant to
Section 22½-3(a)(2); and
WHEREAS, the Board desires to ensure that residents and visitors have access
to quality for-hire ground transportation services by providing for certain vehicle
standards; and
WHEREAS, the Board finds that the revisions to the Code as set forth herein are
necessary and in the best interest of Broward County,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD COUNTY, FLORIDA:
Section 1. Chapter 22½-1 of the Broward County Code of Ordinances is hereby
amended to read as follows:
Sec. 22½-1. Definitions.
This Chapter may be referred to and cited as the "Motor Carriers Ordinance." For
the purposes of this Chapter, the following definitions shall apply unless the context of
their usage clearly indicates another meaning:
. . .
(j) Motor carrier means an individual, partnership, association, corporation, or
other entity that owns, controls, operates, exercises dominion over, or manages any
motor vehicle, as defined in this Chapter, or that contracts with individuals who provide
for-hire ground transportation, and which holds itself out as engaged in any part of the
business of providing passenger, for-hire ground transportation services to the public, or
private clients, for compensation, or connecting individuals with transportation providers,
including transportation network companies and any other individual or entity that
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receives payment for arranging or providing for-hire ground transportation services, but
does not include restaurants and hotels. This definition is exclusive of any business that
owns and operates any motor vehicle as a "courtesy" vehicle for customers who pay for
the primary service with transportation included as an ancillary benefit. Such a motor
vehicle shall be clearly identified as a "courtesy vehicle" with a sign indicating same in full
view of a passenger entering the vehicle. Notwithstanding the foregoing, "courtesy
vehicles" shall be included in the term motor carrier for purposes of Port Everglades
Business Permits, as set forth below in Section 22½-6D, and to operate at the Fort
Lauderdale-Hollywood International Airport, as stated in the requirements set forth below
in Subsection 22½-6B(a)(3), regardless of the seating capacity per vehicle. For purposes
of Port Everglades Business Permits, motor carrier shall include those entities that
operate buses within Port Everglades.
(k) Motor Vehicle or vehicle means all vehicles or machines propelled by power
other than muscular, used upon the public streets for public passenger transportation, by
motor carriers to transport passengers, including, but not limited to:
. . .
(7) Transportation network company vehicle shall mean a personal or other
noncommercial vehicle that is used by a transportation network company
driver to provide transportation services arranged through a transportation
network company's digital platform.
. . .
(v) Transportation network company means an individual, partnership,
association, corporation, or other entity that uses a digital platform to connect passengers
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to drivers who use a personal or other noncommercial vehicle to provide for-hire ground
transportation services.
(w) Transportation network company driver means an individual who uses the
individual's personal or noncommercial vehicle to provide ground transportation services
arranged through a transportation network company's digital platform.
(x) Digital platform means any internet-enabled platform, program, or software,
including a smartphone or tablet application or website.
. . .
Section 2. Section 22½-2 of the Broward County Code of Ordinances is hereby
amended to read as follows:
Sec. 22½-2. Certificates of public convenience and necessity; exceptions.
It shall be unlawful for any motor carrier to use, drive, or operate or to cause or
permit any person to use, drive, or operate any motor vehicle upon the streets of Broward
County, or to receive compensation as a result of arranging or providing for the use or
operation of any vehicle in motor carrier services upon the streets of Broward County, or
to advertise in any print or electronic medium, air wave transmission, telephone directory,
or other media accessible to the public within Broward County that it offers motor carrier
services within Broward County, without first obtaining a certificate pursuant to the
provisions of this Chapter; provided, however, that this section shall not apply to the
following:
. . .
(l) Transportation network companies and transportation network company
vehicles as governed by Section 22½-7B of this Chapter 627.748, Florida Statutes.
. . .
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Section 3. Section 22½-3 of the Broward County Code of Ordinances is hereby
amended to read as follows:
Sec. 22½-3. Certificates of public convenience and necessity; application.
(a) The Commission has determined that it shall be in the public interest to, at
no time, authorize more than one (1) taxicab vehicle, singly or in combination, per each
two thousand (2,000) inhabitants of Broward County nor to authorize more than one (1)
luxury sedan per each four thousand five hundred (4,500) inhabitants of Broward County
according to the most recent official estimate by the University of Florida, Population
Division, Bureau of Economic Business Research.
. . .
(2) In addition, in June 2017, there shall be a one-time application period to
obtain a certificate of public convenience and necessity which will be
awarded at a public hearing for the following categories: (a) fifty (50)
certificates of public convenience and necessity for wheelchair accessible
vehicles, and fifty (50) associated bonus regular taxicab certificates of public
convenience and necessity; and (b) twenty-five (25) regular taxicab
certificates of public convenience and necessity awarded only to persons
who have driven a taxicab in Broward County for a minimum of sixty (60)
consecutive months.
a. The requirements for the 2017 one-time application period for
wheelchair accessible certificates and permits are as follows:
. . .
2. The certificates and associated bonus regular taxicab
certificates shall be made available only to applicants who
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meet the requirements of Section 22½-3(a)(2)b.2. These
certificates shall not be issued through the lottery system
provided in Section 22½-4(a). Instead, these certificates shall
be assigned by the Division on a first-come, first-served basis
to interested applicants. Upon payment of the applicable
nonrefundable fee, the Division shall issue a placeholder
ticket for a wheelchair accessible vehicle certificate, which
may be redeemed for a wheelchair accessible vehicle
certificate no later than ninety (90) days after the date the
placeholder ticket is issued. Upon request of the applicant,
the Director may allow up to two (2) additional ninety (90) day
extensions for redemption of placeholder tickets for a
wheelchair accessible vehicle certificate. The wheelchair
accessible vehicle certificate and accompanying bonus
regular taxicab certificate will be issued upon demonstrating
that the applicant has a wheelchair accessible vehicle that will
be immediately placed into service. The Division shall not
issue more than five (5) wheelchair accessible vehicle
placeholder tickets to any applicant. The wheelchair
accessible vehicle placeholder ticket shall expire and any fee
paid by an applicant will be forfeited if the wheelchair
accessible vehicle placeholder is not redeemed within ninety
(90) days after issuance, or after the expiration of any ninety
(90) day extension granted by the Director, whichever is later.
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. . .
(b) The Commission shall hold one (1) public hearing regarding requests for
applications under this Chapter in November to determine whether population figures
require the issuance of new certificates and accompanying permits. If new certificates
and accompanying permits are mandated as set forth above, the Commission shall adopt
a resolution directing the Broward County Administrator to publish notice of a second
public hearing to be held in April to determine which applicants shall be awarded the new
certificates and accompanying permits.
(c) (b) Every application for a certificate, an amendment to a certificate, and an
approval of transfer or sale of a certificate shall be in writing, signed and sworn to by the
applicant, and shall be filed with the Division as provided in this Ordinance. The
application shall be on a form provided by the Division and shall contain the following:
(1) The applicant's name, address, and date of birth; the names, addresses,
and dates of birth of all partners or associates; and in the case of a
corporation, the corporation's name, date, and state of incorporation;
verified copy of registration to do business in the State of Florida; the
address of corporate headquarters in Florida; name and address of
registered agent; and names, addresses, and dates of birth of all corporate
officers and directors, where applicable.
(2) The applicant's fingerprints and photograph, taken by the Broward County
Sheriff's Office, Division, or a law enforcement agency for the purpose of a
criminal background check, which shall be attached to the application at the
time of filing. In the case of a partnership, association, or corporate
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applicant, this information shall be obtained from all partners, associates,
corporate officers, and directors.
(d) (c) Each original application for a certificate, an amendment, and a transfer of
an existing certificate shall be accompanied by a non-refundable nonrefundable
application fee. The application fees shall be set by Commission resolution.
(e) (d) Each application must have a place of business in Broward, Miami-Dade or
Palm Beach Ccounties.
(f) (e) Taxicab drivers applying for a certificate must meet the following additional
criteria:
(1) Hold a valid Broward County Chauffeur's Registration.
(2) Must have been an active Broward County driver for at least thirty-six (36)
consecutive months prior to the date of application and file an affidavit of
employment or contract relationship with a Broward County Certificate
Holder.
(3) Not be a current certificate holder (drivers holding certificates must enter
the general lottery).
(g) The Division shall investigate each certificate application and report its
findings and recommendations to the Broward County Administrator. The Broward
County Administrator may require further investigation or additional information as may
be necessary to adequately inform the Commission about the applicant's proposed
operations and, in the case of taxicabs and luxury sedans, the public's need for such
additional taxicab or luxury sedan service based upon the population figures as set forth
within subsection (a) above. The investigation results or additional information shall be a
part of the record before the Commission.
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Section 4. Section 22½-4 of the Broward County Code of Ordinances is hereby
amended to read as follows:
Sec. 22½-4. Certificates of public convenience and necessity—Award.
(a) No later than thirty (30) days prior to the award of certificates of public
convenience and necessity, the Division shall provide the Commission a summary of
certificates to be issued and an assessment of the public's need for additional taxicab or
luxury sedan service based upon the population figures as set forth within Section 22½-
3(a) above.
(a) (b) The certificates of public convenience and necessity shall be awarded by
drawing the names of eligible applicants. Each eligible applicant shall be entitled to have
its name entered in the drawing once for each available certificate; except, in the taxicab
driver only and wheelchair accessible taxicab drawings, where the applicant may enter
its name only once. The number of times a name is entered may not exceed the total
number of certificates to be issued. A person designated by the Commission The
Director, or a person designated by the Director, shall draw names for the number of
certificates available at a publicly noticed meeting.
(b) (c) There shall be four (4) separate drawings: a taxicab general; a taxicab
driver only; wheelchair accessible taxicab; and luxury sedans. The Commission Director
shall determine the number of approved certificates. Three and five-tenths percent
(3.5%) of the total number of approved taxicab certificates shall be issued to the
wheelchair accessible taxicab category. These certificates may only be used with
wheelchair accessible vehicles. One-half (½) of the remaining approved taxicab
certificates shall be issued to the taxicab general drawing, and one-half (½) of the
remaining approved taxicab certificates shall be issued to the taxicab driver only drawing.
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In cases of uneven distribution, the additional certificate shall be distributed to the taxicab
driver only drawing. Wheelchair accessible taxicab certificate holders shall be awarded
an additional taxicab general certificate for each wheelchair certificate awarded, upon
payment of the Commission-prescribed award fee described in this section, which
additional taxicab general certificate shall be linked with the wheelchair accessible taxicab
certificate for the purposes of regulation under this Chapter, including any transfers of
ownership. This distribution shall be reviewed by the Commission for a period of two (2)
years, from the effective date of this Ordinance, for a determination of whether or not such
allocation creates new opportunities for taxicab drivers or increases the motor carrier level
of service. Should the number of available taxicab certificates exceed the number of
applicants, the remaining certificates will be offered in the general taxicab lottery.
(c) Any of the public hearings authorized by this section may be continued,
deferred, rescheduled, or canceled by the Commission.
(d) Each certificate issued pursuant to this Chapter shall be signed by the
Mayor or Vice Mayor of the Commission, attested to by the Broward County clerk, Director
and shall contain, in addition to the name and address of the applicant, a statement of
the class of transportation service authorized for the motor vehicles to be used in the
rendition of such service. The certificate shall also state such additional terms,
restrictions, conditions, provisions, and limitations as the Commission may deem to be in
the public's interest.
(e) The certificate, when issued by the Commission, shall be forwarded to the
Director, who shall deliver the certificate to the applicant, upon payment of the prescribed
fee within sixty (60) days after award and upon proof of compliance with Section 22½-9C
of this Chapter. A copy of each certificate shall be maintained on file with the Division.
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Section 5. Section 22½-5 of the Broward County Code of Ordinances is hereby
amended to read as follows:
Sec. 22½-5. Certificates of public convenience and necessity—Transfer;
abandonment.
. . .
(e) If at any time Broward County is holding ten (10) or more taxicab or luxury
sedan certificates and the accompanying permits due to revocation, forfeiture, or
abandonment, such certificates and their accompanying permits may be awarded at any
scheduled public hearing by the Division at a public meeting in accordance with the
procedures set forth within this Chapter.
Section 6. Section 22½-6A of the Broward County Code of Ordinances is
hereby amended to read as follows:
Sec. 22½-6A. Permits—General.
. . .
(h) Each permit issued, including an airport operating permit, Port Everglades
Business Permit, or jitney license, shall expire on June 30 each year one (1) calendar
year after the date it is issued by the Division and may be renewed upon compliance with
this section, including payment of the requisite fee set by resolution of the Commission.
. . .
(u) In lieu of the application process in Section 22½-6A(b)-(d), a certified motor
carrier licensed pursuant to Section 22½-7C shall have the option to certify that the
vehicles operating under its license meet the requirement of Section 22½-6A(b)-(d) and
Section 22½-9B. Upon receipt of such certification and payment of the applicable fees,
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the Division shall issue to the certified motor carrier permits for each vehicle operating
under its license as provided in Section 22½-6A(g).
Section 7. Section 22½-6D of the Broward County Code of Ordinances is
hereby amended to read as follows:
Sec. 22½-6D. Port Everglades—Business permits.
. . .
(e) A denial of a permit or a failure to renew a permit by the Consumer Affairs
Division may be appealed by an applicant as set forth below follows:
Any applicant denied a Business Permit shall be provided with written notice of denial
setting forth the facts, law, and reason(s) upon which the denial is predicated. The notice
shall also contain a statement that the applicant has the right to a hearing before a
Hearing Panel. In order to be granted such a hearing, the applicant must file a written
request to the Director within thirty (30) days of the date of after receipt of the denial, and
the notice of denial shall so state.
Section 8. Section 22½-7B of the Broward County Code of Ordinances is
hereby deleted in its entirety.
Section 9. Section 22½-7C of the Broward County Code of Ordinances is
hereby deleted in its entirety.
Section 10. Section 22½-8 of the Broward County Code of Ordinances is hereby
amended to read as follows:
Sec. 22½-8. Chauffeur's registration.
(a) It shall be unlawful for any person to drive, operate, or control any motor
vehicle, which for the purposes of this section shall include paratransit services' motor
vehicles, for compensation over any street in Broward County without first having
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obtained a chauffeur's registration from the Division pursuant to this section or an
authorization to operate after certification by a transportation network company or certified
motor carrier license holder vehicle pursuant to Section 22½-8(l).
. . .
(o) In lieu of obtaining a chauffeur's registration pursuant to this chapter,
transportation network company and certified motor carrier license holders shall have the
option to authorize a person to operate motor vehicles over the streets of Broward County
only upon certification by the transportation network company or certified motor carrier
license holder that the individual has met the requirements of Section 22½-8(e)(1)–(6)
after the transportation network company or certified motor carrier has conducted a local,
state, and national criminal background check through a Division-approved agency
accredited by the National Association of Professional Background Screeners (NAPBS)
that includes a social security trace, a review of all criminal records in all Florida counties
in which the background check conducted in accordance with this section reveals that the
individual has ever committed a crime as well as any county where the individual has
resided within the last seven (7) years, federal court records through the Public Access
to Court Electronic Records ("PACER") system, NATCRIM, or similar multistate and
multijurisdictional criminal database, state and national sex offender databases, and
driving history research reports.
(1) In order to be authorized by a transportation network company or certified
motor carrier, an individual shall submit an application to the transportation
network company or certified motor carrier that includes, at minimum,
information regarding his or her address, age, driver's license, driving
history, motor vehicle registration, and automobile liability insurance.
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(2) In addition to screening a prospective driver in accordance with the criteria
set forth in Section 22½-8(e)(1)-(6), a transportation network company may
not authorize an individual to operate if the background check required
under this section reveals that:
a. The individual has been convicted (convicted shall mean any judicial
determination of conviction, adjudication withheld, or plea of nolo
contendere), within the last seven (7) years, of driving under the
influence of drugs or intoxicating liquors (D.U.I.); fleeing the scene of
any accident; or vehicular manslaughter or any death resulting from
driving; or
b. The individual has been convicted, within the last three (3) years, of
more than three (3) moving violations or driving on a suspended,
revoked, or invalid license.
(3) Prior to authorizing any individual to operate pursuant to this provision, a
transportation network company or certified motor carrier shall issue to that
individual a credential, which may be in digital form, that provides the name
of the transportation network company or certified motor carrier, the name
of the authorized driver, the date the credential was issued and, for
transportation network company drivers, the license plate of the vehicle
authorized to operate under the transportation network company license;
provided that a TNC need not include the date of credential issuance if the
credential resides on a digital platform or application that limits access to
such platform or application to individuals authorized to operate pursuant to
this section.
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(4) An authorization or credential issued pursuant to this section shall be valid
for no more than one (1) year.
(5) Any individual authorized pursuant to this section shall have a copy of this
credential available for inspection by the Division or any code enforcement
officer at all times while operating a for-hire vehicle.
(6) A transportation network company or certified motor carrier may not
authorize any individual pursuant to this section who was denied a
chauffeur's registration by the Division within one (1) year of the date of
authorization.
(7) No individual shall be authorized under this section who was previously
denied a chauffeur's registration by the Division pursuant to Section 22½-
8(e)(6) or 22½-8(e)(7).
(8) Upon receipt of information that an individual no longer meets the
requirements of Section 22½-8(e), the transportation network company or
certified motor carrier shall immediately revoke the credential it issued to
the driver, notify the individual that he or she is no longer authorized to
operate a motor vehicle for hire and, in the case of a transportation network
company, prohibit the driver from operating on its platform.
(9) A transportation network company or certified motor carrier that certifies its
drivers pursuant to this section shall notify the Division promptly if it begins
using a multistate or multijurisdictional database that is different than the
database it utilized when it obtained a license. If the Division determines
that the new database does not comply with this Chapter, upon notice, the
transportation network company shall immediately cease using that
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database to authorize drivers and may only resume authorizing drivers if it
utilizes the database that it used when it obtained a license or obtains the
Division's approval to use a new database.
(10) It shall be unlawful for a transportation network company or certified motor
carrier to authorize a person to drive on the streets of Broward County or
issue a credential to any individual who does not meet the requirements of
this section.
(11) It shall be unlawful for a transportation network company or certified motor
carrier to authorize a person to drive on the streets of Broward County
without complying with the provisions of this section.
Section 11. Section 22½-9A of the Broward County Code of Ordinances is
hereby amended to read as follows:
Sec. 22½-9A. Operations—Minimum standards of conduct.
The role of certificate, license, and permit holders is essential to enhance and
showcase public transportation services to the residents and visitors of Broward County.
Intrinsic to operation of a quality public transportation service is the conduct of each
certificate, license, and permit holder. Therefore, all such holders are required to comply
with the following minimum standards:
. . .
(b) It shall be unlawful to include in any public advertisement, whether print,
electronic broadcast, or otherwise:
(1) The word "taxi," "taxicab," "cab," or any product, abbreviation, or derivation,
unless the certified motor carrier currently holds a valid certificate of public
convenience and necessity, permit, or license issued by Broward County.
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(2) The word "limousine," or any product, abbreviation, or derivation, unless the
certified motor carrier currently holds a valid certificate of public
convenience and necessity, permit, or license issued by Broward County.
(c) No vehicle may be operated or driven except by a chauffeur registered or
driver authorized pursuant to Section 22½-8 of this Code.
. . .
(h) Drivers authorized to operate by a transportation network company or by a
certified motor carrier shall carry a current and valid credential on their persons at all times
while driving a motor vehicle for hire.
(i) (h) A motor vehicle shall not be driven when the permit has been revoked,
suspended, or forfeited.
(j) (i) Chauffeurs and drivers authorized to operate by a transportation network
company or certified motor carrier shall not operate a motor vehicle when their chauffeur's
registration or authorization has been revoked or suspended.
(k) (j) No taxicab shall transport passengers without a properly scaled and
operating taximeter with the flag down, meter running, and telltale lights operating.
(l) (k) All motor vehicle operators shall at all times maintain a neat appearance.
(m) (l) Passengers shall not be solicited for hotels, nightclubs, restaurants, bars,
boardinghouses, or any other business establishment.
(n) (m) No fares or compensation for transportation services shall exceed the
established taxicab meter rate or agreed upon limousine rate or any other compensation
established by the County, including any additional payment for transporting baggage
which accompanies the passenger; provided, however, that this provision shall not apply
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to gratuities, nor shall the words "fares" or "compensation" be construed to include
gratuities.
(o) (n) No operator shall solicit a passenger, either in or out of the motor vehicle,
to transport the passenger to any place in Broward County or outside Broward County for
the purpose of participation in prostitution, sexual lewdness or obscenity, or for the
purpose of participation in the violation of state or local laws. It shall be unlawful for any
person to occupy or use such vehicle for the purpose of prostitution, pandering, or the
violation of any other law of the State of Florida or Broward County. It shall be unlawful
to allow or permit the use of any vehicle "for-hire" for any of the purposes prohibited in
this entire section when there is knowledge or reasonable cause to believe that a vehicle
"for-hire" is to be so used or is being used for such unlawful purposes.
(p) (o) Certificate holders, permit holders, license holders, authorized drivers, and
registered chauffeurs shall cooperate fully at all times with the Division in the furnishing
of information required in connection with requests to show proof of licensure, in the
processing of an application to renew a registration, permit, or license, or in investigations
of consumer complaints. Further, certificate holders, permit holders, license holders,
authorized drivers, and registered chauffeurs shall not obstruct, hamper, or interfere with
an investigation of violations of this Chapter conducted by a Division inspector or
employee, law enforcement officer, or employee of any other agency in enforcing this
Chapter. At no time shall a certificate holder, permit holder, license holder, authorized
driver, or registered chauffeur use abusive language or display hostile, aggressive, or
other inappropriate behavior toward passengers or any employee of the Division, any law
enforcement agency, or any other agency authorized to enforce this Chapter.
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(q) (p) A motor vehicle shall not be operated where the driver's alertness is so
impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as
to make it unsafe to begin or continue operation of the motor vehicle.
(r) (q) The Division shall be notified of each change of address, employment, or
contract relationship for an entity holding a certificate of public convenience and necessity
and/or address of a motor carrier.
(s) (r) No Ooperators shall not solicit or accept for transportation passengers when
the operator is outside of the jurisdictional area granted under the operator's certificate,
permit, or license.
(t) (s) Chauffeurs or authorized drivers parked at a designated stand awaiting
deployment shall remain adjacent to and in attendance of their vehicles. All vehicle doors
shall remain closed except when loading or unloading passengers.
(u) (t) Taxicabs using any designated public stand shall be in a single file and
faced in accordance with applicable traffic regulations. The chauffeur or authorized driver
of the taxicab at the head of such file shall accept as a passenger any orderly person who
agrees to pay the proper fare; provided, however, that any such person shall have the
right to select any taxicab regardless of its position in the file. Upon the departure of any
taxicab from the file, the vehicles entitled to use such stand which were in the rear shall
move forward. No number of taxicabs greater than the maximum allowed shall attempt
to use any public stand. The Director shall cooperate with the municipalities or other
appropriate entities to designate public taxicab stands.
(v) (u) Possession of switchblades, knives, clubs, or other weapons by an
operators, whether in the vehicle or on the person, is prohibited, provided that this
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prohibition shall not be applicable to the extent preempted by Chapter 790, Florida
Statutes (firearms, ammunition, or components thereof).
(w) (v) Routes to trip destinations shall be the most direct and economical to the
passenger unless otherwise directed or agreed to by the passenger.
(x) (w) Each motor carrier shall keep accurate records of receipts from operations,
operating and other expenses, capital expenditures, and such other operating information
as may be required by the Division. The Director shall be allowed access to the records
during normal business hours for the purposes of inspection or copy. Such records shall
be confidential to the full extent allowed by law.
(y) (x) No operator shall refuse to dispatch a taxicab to any place in Broward
County for service authorized by the terms of the applicable certificate.
Section 12. Section 22½-9B of the Broward County Code of Ordinances is
hereby amended to read as follows:
Sec. 22½-9B. Operations—Minimum vehicle standards.
. . .
(f) In addition to the standards set forth in subsection (a) this section, taxicabs
shall meet the following minimum standards:
. . .
(g) In addition to the standards set forth in subsection (a) this section, new,
used, or remanufactured jitneys which that are purchased or leased for use, or in
contemplation of use, after July 1, 2001, in accordance with the provisions of this Chapter,
shall be ADA accessible.
. . .
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(j) All vehicles for hire shall be inspected at a licensed or state-registered auto
repair shop to ensure compliance with the requirements of this Chapter by an master
mechanic or automobile technician who is certified by the American Advanced
Technicians Institute ("AATI") or the National Institute for Automotive Service Excellence
("ASE") certified master mechanic or automobile technician at a licensed or state-
registered auto repair shop.
(k) Vehicles shall be inspected in accordance with the following schedule;
provided, however, that the Division may inspect a vehicle for hire for compliance with the
provisions of this Chapter at any time.:
(1) Vehicles for hire that are not more than ten (10) model years old shall be
inspected annually.
(2) Vehicles for hire that are ten (10) model years old or older and less than
fifteen (15) model years old shall be inspected semiannually.
(3) Vehicles for hire that are fifteen (15) model years old or older shall be
inspected quarterly.
(l) The results of each inspection shall be recorded by the master mechanic or
automobile technician on an inspection form prescribed by the Division, which completed
form shall be provided to the Division, the transportation network company, or certified
motor carrier within ten (10) business days after the inspection. If a driver registers with
multiple transportation network companies or certified motor carriers, the driver may use
the same inspection form that the driver provided to the first transportation network
company or certified motor carrier with whom they registered; provided that, the driver
provides the form to the second transportation network company or certified motor carrier
within ten (10) business days after registration. The inspection form shall indicate
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whether the vehicle has met all of the safety and maintenance requirements of
Section 22½-9B. At the discretion of the Director, vehicle inspection forms from Miami-
Dade, Palm Beach, or other Florida counties may be submitted as proof of inspection in
lieu of the form prescribed by the Division. The master mechanic or automobile technician
completing the form and inspection must provide his or her ASE or AATI certification
number, the expiration date of his or her certification, the name and license or registration
number of the auto repair facility where the inspection was performed, and his or her
signature as verification that all information provided is true and correct. This information
must be recorded on the inspection form for each vehicle inspected. Any vehicle failing
to pass the inspection or timely report the results of an inspection by providing a
completed inspection form to the Division, certified motor carrier, or transportation
network company may have its operating permit suspended in accordance with
Section 22½-13. A transportation network company or certified motor carrier shall
suspend the authorization of any driver whose vehicle fails an inspection or who fails to
timely report the results of an inspection until the driver demonstrates that his or her
vehicle has passed an inspection pursuant to this Chapter. It shall be a violation of this
Chapter to fail to use a certified technician to inspect vehicles, as required under this
section, or to submit false inspection forms to the Division, certified motor carrier, or
transportation network company. The Division may verify information and inspection
forms submitted by the business. It shall be unlawful for a mechanic or technician to
provide false information on an inspection form required pursuant to this section. A
business that fails or does not follow the requirements of this section is subject to denial,
revocation, or suspension of its business permit and decals. The Division may verify
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information contained in inspection forms or any other information submitted to the
Division.
(m) Any vehicle failing to pass the inspection or as to which there is a failure to
timely report the results of an inspection by providing a completed inspection form to the
Division may have its operating permit suspended in accordance with Section 22½-13. It
shall be a violation of this Chapter to fail to use a master mechanic or automobile
technician to inspect vehicles, as required under this section, or to submit false inspection
forms to the Division. Any person or entity that fails to comply with the requirements of
this section is subject to denial, revocation, or suspension of its business permit and
decals.
(n) It shall be unlawful for a master mechanic or automobile technician to
provide false information on an inspection form required pursuant to this section. If the
Division obtains information that a master mechanic or automobile technician has issued
a fraudulent or improper inspection form, the Division may prohibit that master mechanic
or automobile technician from conducting vehicle for-hire inspections. The Division shall
periodically distribute its list of prohibited master mechanics and automobile technicians
to all certified motor carriers and licensed transportation network companies. Any
inspection conducted by a prohibited master mechanic or automobile technician shall be
deemed invalid.
(k) (o) Every Each holder of a certificate, permit, or license, and each chauffeur
and driver authorized to operate by a transportation network company or certified motor
carrier shall fully comply with all ordinances, rules, and regulations of Broward County
and all statutes of the State of Florida applicable to the operation of motor carriers.
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(l) (p) Certificate holders shall require every chauffeur to maintain a daily manifest
to promptly and legibly record the following information: chauffeur's name,; vehicle
number,; year, month, date, the starting time, place of origin and destination of each trip,;
the amount of fare collected for each trip,; the number of passengers on each trip,; and
the total miles or units accumulated during a chauffeur's operating period. All completed
manifests shall be returned to the operator of the business by the chauffeur at the
conclusion of the chauffeur's tour of duty. The forms for each manifest shall be furnished
to the chauffeur by the registered operator and shall be approved by the Division. Daily
manifests shall not be destroyed, mutilated, altered, or otherwise defaced without
approval by the Division. The manifests shall be available for inspection and/or copying
by the Division during regular business hours for a period of not less than three (3) years.
Section 13. Section 22½-13 of the Broward County Code of Ordinances is
hereby amended to read as follows:
Sec. 22½-13. Suspension; revocation; forfeiture; penalties.
(a) Except as otherwise specified, certificates, permits, registrations, and jitney
licenses, certified motor carrier licenses, and transportation network company licenses
issued pursuant to this Chapter shall be subject to suspension, revocation, or forfeiture
as follows:
. . .
(5) Transportation network company or certified motor carrier license: Upon
notice and hearing, when it shall appear that:
a. The license was obtained by an application in which any material fact
was erroneously or falsely stated or intentionally omitted; or
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b. The licensee has failed to comply with or has willfully violated any of
the provisions of this Chapter; or
c. The licensee has intentionally permitted vehicles to be operated or
drivers to operate under its license in violation of any law or
regulation.
(b) Certificates, permits, registrations, or jitney licenses, or transportation
network company licenses may be suspended, revoked, or forfeited prior to hearing when
it appears based on determination of the Director that:
. . .
Section 14. SEVERABILITY.
If any portion of this Ordinance is determined by any Court to be invalid, the invalid
portion shall be stricken, and such striking shall not affect the validity of the remainder of
this Ordinance. If any Court determines that this Ordinance, or any portion hereof, cannot
be legally applied to any individual(s), group(s), entity(ies), property(ies), or
circumstance(s), such determination shall not affect the applicability hereof to any other
individual, group, entity, property, or circumstance.
Section 15. INCLUSION IN CODE.
It is the intention of the Board of County Commissioners that the provisions of this
Ordinance shall become and be made a part of the Broward County Code; and that the
sections of this Ordinance may be renumbered or relettered and the word "ordinance"
may be changed to "section," "article," or such other appropriate word or phrase in order
to accomplish such intentions.
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Section 16. EFFECTIVE DATE.
This Ordinance shall become effective as provided by law.
ENACTED
FILED WITH THE DEPARTMENT OF STATE
EFFECTIVE
PROPOSED
Approved as to form and legal sufficiency:
Andrew J. Meyers, County Attorney
By /s/ Claudia Capdesuner 04/23/18
Claudia Capdesuner (date)
Assistant County Attorney
By /s/ Annika E. Ashton 04/23/18
Annika E. Ashton (date)
Senior Assistant County Attorney
CC/hb
04/23/18
TNC Preemption Ordinance
#41225.0002
