§ 31-100. Passenger service companies.

(a)

Prohibition against unauthorized operations. No person or entity shall provide taxicab passenger services on behalf of a for-hire license holder without such person or entity first obtaining a Miami-Dade County passenger service company registration and maintaining such registration current and valid in accordance with this article. A taxicab for-hire license holder may provide passenger services without obtaining a registration if he, she or it only provides said services for a taxicab(s) operated pursuant to a for-hire license(s) issued to said for-hire license holder and complies with all other requirements of this section.

(b)

Taxicab passenger services. Taxicab passenger services provided by a passenger service company or for-hire license holder shall minimally include, but not be limited to, the following: providing for-hire vehicle color schemes and markings; providing dispatch services, maintenance and advertising of a telephone number for receiving all calls related to for-hire taxi services; handling passenger complaints and passenger lost and found; a properly listed telephone for receiving all calls relating to for-hire vehicle service.

(c)

Application procedures. Every application for a passenger service company registration shall be in writing, signed and sworn to by the applicant, and shall be filed with the RER together with a non-refundable investigative and processing fee. The application shall be on a form provided by the RER and shall contain all information required thereon, including:

(1)

Full legal name, mailing address and business telephone number, federal identification number of all partners of a partnership and of all directors, officers, resident agents and stockholders who hold five (5) percent or more of the issued and outstanding shares of the corporation. The applicant shall disclose the foregoing information for any person who has an interest (legal, equitable, beneficial or otherwise) in the registration. Post office addresses shall not be acceptable.

(2)

The address of the place of business from which for-hire operations are conducted. Such place of business shall be in Miami-Dade, Broward or Palm Beach County; shall be in compliance with applicable zoning requirements for its operations; and shall have a properly listed telephone number for receiving all calls relating to for-hire vehicle service.

(3)

A record of all crimes of which any partner, director, officer or stockholder has pled nolo contendere, pled guilty, been found guilty or been convicted. This information shall be obtained for all corporate officers and directors or partners, as the case may be. Stockholders who hold less than five (5) percent of the issued and outstanding shares of the corporation shall not be required to comply with the requirements of this subsection.

(4)

A current, valid occupational license and a current fictitious name registration.

(5)

A written passenger service plan which shall include:

(i)

A description of the services to be provided to passengers;

(ii)

A description of the vehicle maintenance facilities and vehicle maintenance program, if applicable;

(iii)

A description of the system for handling complaints, accidents and property left by a passenger in the for-hire vehicle;

(iv)

A description of the quality assurance program which will be utilized to assure delivery of service to passengers;

(v)

A description of the system for handling insurance requirements under this chapter;

(vi)

A description of the dispatch system, as required including procedure for receiving passenger calls, dispatching calls, and maintaining required records;

(vii)

A description of the vehicle and driver certification program, if applicable;

(viii)

A sworn statement signed by the applicant that all the information provided by the applicant is true and correct.

(d)

Investigation and eligibility of passenger service applicant. The RER shall investigate each application. The Director may issue or refuse to issue such registration on such terms and conditions as the public interest may require. The Director's decision to deny an application may be appealed in accordance with this chapter. An applicant shall not be eligible for a passenger service company registration if he/she/it:

(1)

Has misrepresented or concealed a material fact on his/her/its application;

(2)

Is an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States;

(3)

Is a user of alcohol or drugs whose current use would constitute a direct threat to property or the safety of others;

(4)

Has within the last five (5) years pled nolo contendere, pled guilty, been found guilty or been convicted of a felony unless his or her civil or residency rights have been restored;

(5)

Has pled nolo contendere, pled guilty, been found guilty or been convicted of any crime wherein a for-hire vehicle was employed whether or not adjudication has been withheld;

(6)

Has pled nolo contendere, pled guilty, been found guilty or been convicted of any felony involving moral turpitude relating to sex, the use of a deadly weapon, homicide, violence against a law enforcement officer under Section 775.0823, Florida Statutes, or is a habitual violent felony offender under Section 775.084, Florida Statutes;

(7)

Violated any condition, limitation, or restriction of a passenger service company registration imposed by the Director, or commission;

(8)

Was enjoined by a court of competent jurisdiction from engaging in the for-hire business or was enjoined by a court of competent jurisdiction with respect to any of the requirements of this chapter;

(9)

If the person is a corporation or partnership, a stockholder, officer, director, or partner thereof and has committed an act or omission which would be cause for denying a passenger service company registration to the officer, director, stockholder, or partner as an individual;

(10)

Failed to comply with the terms of a cease and desist order, notice to correct a violation or any other lawful order of the Director;

(11)

Has any unsatisfied civil penalty or judgment relating to for-hire operations;

(12)

Is not located in Miami-Dade, Broward or Palm Beach County and/or its place of business is not in a properly zoned location;

(13)

Has within the last five (5) years plead nolo contendere, pled guilty, been found guilty or been convicted of any misdemeanor (regardless of whether adjudication is withheld) involving moral turpitude relating to sex; or

(14)

Has within the last ten (10) years pled nolo contendere, pled guilty, been found guilty or been convicted (regardless of whether adjudication is withheld) of any offense involving trafficking in narcotics. After said ten-year period, such a person shall only be eligible if and when his or her civil or residency rights have been restored.

(e)

Conditions for obtaining a passenger service company registration. No passenger service company registration shall be issued or renewed unless the applicant:

(1)

Has paid a registration fee;

(2)

Has complied with the insurance requirements of this article for each vehicle it operates, if applicable;

(3)

Maintains a quality assurance program including regular training for all affiliated chauffeurs;

(4)

Provides a two-way dispatch system.

(f)

Issuance and replacement of passenger service company registration.

(1)

Issuance. Each passenger service company registration shall be on a form provided by the RER and shall be signed by the Director. Each registration shall, at minimum, contain the legal name of the applicant, any fictitious name to be utilized, the address and telephone number of the place of business, the registration expiration date, the class of passenger services authorized, and such additional terms, conditions, provisions and limitations as are imposed during the approval process.

(2)

Replacement. The Director shall issue a replacement registration to any registration holder upon application, payment of a non-refundable replacement fee and presentation of proof of or a sworn affidavit that the license has been lost or stolen.

(g)

Expiration of and renewal process for passenger service company registration. Passenger service company registrations may be issued for such periods as specified in the administrative order establishing the fees. The RER may establish staggered registration terms to ease the administration of the renewal process. Renewal shall be accomplished in the same manner as the initial application no less than thirty (30) days prior to expiration of the registration together with payment of a registration fee. Registration holders shall have a grace period of up to thirty (30) days after expiration of their registration in which to renew same; provided, however, the registration holder within such thirty-day period shall also pay a non-refundable late fee over and above the annual registration fee. All registrations which have not been renewed on or before thirty (30) days after their expiration shall automatically be deemed revoked.

(h)

Rules pertaining to change in control of the passenger service company registration. Passenger service company registrations shall not be sold, transferred, assigned or leased. Any change in control or ownership of a passenger service company registration shall immediately terminate the registration and a new passenger service company application shall be filed. The passenger service company may continue to operate provided that such application has been filed with the RER within ten (10) days of the change in control or ownership. The application shall be filed in accordance with Section 31-100(c) and be accompanied by an investigatory and processing fee.

(i)

Requirement of a passenger service agreement with for-hire license holder. Each passenger service company shall enter into a separate written passenger service agreement with the for-hire license holder for each vehicle operated in accordance with this chapter. The written passenger service agreement:

(1)

Shall provide for an express duration for the agreement;

(2)

Shall only be terminated with at least thirty (30) days prior notice unless good cause be shown and only for the reasons stated therein;

(3)

Shall state the full legal name and address (post office boxes shall not be acceptable), license and registration numbers;

(4)

Shall state and itemize the compensation to be paid by the passenger service company for the right to operate a for-hire vehicle authorized by a for-hire license. It shall be unlawful for the license holder to receive any compensation from the passenger service company which is not specified in the existing passenger service agreement;

(5)

Shall provide who shall be responsible for obtaining the required insurance for the for-hire vehicle;

(6)

Shall provide that the license holder shall obtain the operating permit and pay all application and vehicle inspection fees;

(7)

Shall be signed by both the for-hire license holder and the passenger service company; and

(8)

Shall include a sworn statement attesting to the truth if all representations made in the passenger service agreement.

(j)

Requirement for chauffeur's agreement. Each passenger service company shall enter into a written chauffeur's agreement with each chauffeur it allows to operate any for-hire vehicle for which the passenger service company provides passenger services. Each passenger service company shall post a sign summarizing the chauffeur agreement requirements stated herein. This sign shall be posted in a conspicuous place at the point of payment by the chauffeur and shall be written in a legible manner and preapproved by the Department of Sustainability, Planning and Economic Enhancement or successor department (hereinafter "the Department"). The written chauffeur's agreement:

(1)

Shall provide for an express duration for the agreement;

(2)

Shall only be terminated with at least ninety (90) days prior notice unless good cause be shown and only for the reasons stated therein;

(3)

Shall state the full legal name and address (post office boxes shall not be acceptable) and respective passenger service company's and chauffeur's registration numbers;

(4)

Shall state and itemize the compensation to be paid by the chauffeur for the right to operate a for-hire vehicle authorized by a for-hire license. Such itemization shall separately list the amount of compensation that is attributable to the lease, insurance, dispatch, and deposits, if any. It shall be unlawful for the passenger service company to receive any compensation from the chauffeur which is not specified in the existing chauffeur's agreement. The Agreement shall specifically provide that the compensation to be paid by a chauffeur may be paid utilizing any of at least two of the following: (1) cash, (2) money order, (3) certified check, (4) cashier's check, (5) valid traveler's check, (6) valid bank credit card, or (7) valid personal check showing on its face the name and address of the chauffeur. The chauffeur shall be allowed to make payment as provided in the preceding sentence, and shall be provided with a written receipt which contains the name of the license holder or passenger service company, whichever is applicable, and the driver, the for-hire license number, payment amount and form of payment utilized, date of payment and the period covered by the payment. Such receipt shall be itemized so as to separately list the amount of compensation that is attributable to the lease, insurance, dispatch, and deposits, if any;

(5)

Shall state whether the passenger service company or the license holder shall be responsible for obtaining the required insurance for the for-hire vehicle;

(6)

Shall state that the license holder shall obtain the operating permit and pay all application and vehicle inspection fees;

(7)

Shall be signed by both the chauffeur and the passenger service company; and

(8)

Shall include a sworn statement attesting to the truth of all representations made in the chauffeur agreement.

(9)

Whenever money is deposited by a chauffeur as security for performance or advance payment of a lease, the passenger service company shall either:

(a)

Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of each chauffeur. The passenger service company shall not commingle such money with any other funds of the passenger service company or pledge, or in any other way make use of such money until such money is actually due the passenger service company; or

(b)

Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of each chauffeur, in which case the chauffeur shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the passenger service company elects. The passenger service company shall not commingle such money with any other funds of the passenger service company, pledge, or in any other way make use of such money until such money is actually due the passenger service company.

(10)

The passenger service company shall, within thirty (30) days of receipt of a security deposit, notify the chauffeur in writing of the manner in which the passenger service company is holding the deposit and the rate of interest, if any, which the chauffeur is to receive and the time of interest payments to the chauffeur. Such written notice shall:

(a)

Be given in person or by mail to the chauffeur.

(b)

State the name and address of the depository where the deposit is being held, and whether the deposit is being held in an interest-bearing or non-interest bearing account.

(c)

Include a copy of the provisions of subsection (11).

(11)

(a)

Upon the termination of the lease, if the passenger service company does not intend to impose a claim on the deposit, the passenger service company shall have fifteen (15) days to return the deposit together with interest if otherwise required, or the passenger service company shall have thirty (30) days to give the chauffeur written notice by certified mail to the chauffeur's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim in the amount of ___________ upon your deposit, due to ___________. It is sent to you as required by sec. 31-100(j)(11) of the Code of Miami-Dade County, Florida. You are hereby notified that you must object in writing to this deduction from your deposit within fifteen (15) days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to ___________.

If the passenger service company fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

(b)

Unless the chauffeur objects in writing to the imposition of the passenger service company's claim or the amount thereof within fifteen (15) days after receipt of the passenger service company's notice of intention to impose a claim, the passenger service company may then deduct the amount of his or her claim and shall remit the balance of the deposit to the chauffeur within thirty (30) days after the date of the notice of intention to impose a claim for damages.

(c)

If either party to the chauffeur agreement institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit and interest, if any, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.

(d)

In those cases where interest is required to be paid to the chauffeur, the passenger service company shall pay directly to the chauffeur, or credit the current lease payment, the interest due to the chauffeur at least annually.

(12)

It shall be unlawful for any passenger service company to require that a chauffeur purchase a taxicab. lease a taxicab or finance the purchase of a taxicab as a condition of entering into a chauffeur's agreement.

(k)

Rules of operation. Passenger service companies must abide by all rules and regulations applicable to passenger service companies and shall be subject to the enforcement provisions in this chapter and chapter 8CC of the Miami-Dade County Code. For the purposes of this subsection, the phrase "for-hire license holder" shall be substituted for the phrase "passenger service company" where this chapter authorizes a for-hire license holder to provide passenger services and said for-hire license holder does in fact provide passenger services. A passenger service company:

(1)

Shall comply with all applicable federal. State of Florida and Miami-Dade County ordinances, laws, rules and regulations;

(2)

Reserved.

(3)

Reserved.

(4)

Shall maintain a record of all requests for service for each passenger transport request received by telephone, computer, mobile phone application, text, e-mail, E-Request web-based reservation or other similar software-based technologies that may be developed in the future which shall minimally include the following information: name of passenger requesting service, assigned vehicle number, date and time of service request and service provision, origin and destination of each trip, and whether the passenger requested an accessible vehicle. All records must be made available for inspection and copying within one (1) business day of such request by the RER or any police agency during regular business hours and shall be retained for one (1) year;

(5)

Shall maintain a log of all customer complaints;

(6)

Shall maintain quarterly vehicle accident records for all vehicles operated in the prior quarter;

(7)

Shall not refuse to dispatch or neglect to dispatch a request to transport to or from any place in the county, any orderly person requesting service;

(8)

Shall hold any personal property deposited in the lost and found facility for a period of six (6) months, at the end of which time the personal property shall become the property of the finder. A record of personal property reported to or deposited at the lost and found facility shall be kept for at least one (1) year; and

(9)

Shall comply with all applicable obligations of the for-hire license holder when acting as his, her or its agent.

(l)

Responsibility for violations of chapter. The holder of a passenger service company registration or any person providing passenger services directly shall be responsible for any violation of this chapter involving passenger services and shall be subject to the penalties provided for in this chapter for any such violation. In addition, the registration shall be subject to suspension or revocation for any such violation. Charges against or penalties imposed on a for-hire license holder or for-hire chauffeur or certified driver for the same or related offense shall not relieve the passenger service company of its responsibilities or liabilities under this chapter. Violations shall be punishable as provided in this chapter.

(Ord. No. 98-105, § 1, 7-9-98; Ord. No. 01-178, § 1, 11-6-01; Ord. No. 03-45, § 1, 3-11-03; Ord. No. 07-149, § 1, 10-2-07; Ord. No. 11-54, § 1, 7-19-11; Ord. No. 12-51, § 1, 7-3-12; Ord. No. 16-43, § 1, 5-3-16)