§ 31-103. Certificate of transportation.

(a)

Required. From and after the effective date of this article, it shall be unlawful for any person to use, drive or operate, or to advertise in any newspaper, airwaves transmission, telephone directory, or other medium accessible to the public that it offers for-hire passenger motor carrier services, or to cause or permit any other person to use, drive or operate any passenger motor carrier vehicle for compensation upon the streets of Miami-Dade County without first obtaining a Miami-Dade County certificate and maintaining it current and valid, pursuant to the provisions of this article, unless specifically excluded from this article.

(b)

Out-of-county origin exception. Nothing in this article shall be construed to prohibit:

(1)

Discharge within Miami-Dade County of any passenger lawfully picked up in another County and lawfully transported into Miami-Dade County including preticketed round trips originating outside Miami-Dade County which are completed within a single twelve-hour period.

(2)

Pick up of a paratransit passenger by a provider of paratransit services that is duly licensed and legally authorized to provide paratransit services in a county adjacent to Miami-Dade County, provided that such county has determined that the passenger is eligible for paratransit services and such passenger is picked up within the ADA-defined area of Miami-Dade County. A paratransit service provider shall not be required to obtain a Miami-Dade County for-hire passenger motor carrier certificate of transportation for such purpose, nor shall a chauffeur of such paratransit vehicle be required to obtain a Miami-Dade County for-hire chauffeur's registration.

(c)

Application procedures. Every initial application for a certificate, renewal application, transfer or amendment to a certificate shall be in writing, signed and sworn to by the applicant, and shall be filed with DTPW together with an investigative and processing fee which shall be nonrefundable. If the applicant is a corporation, the form shall be signed and sworn to by the president or vice-president, and the corporate secretary shall attest such signature and affix the corporate seal. If the applicant is a partnership, the form shall be signed and sworn to by a general partner. The statements contained in the application shall become a part of the certificate and may be modified only in accordance with this article. The application shall be on a form provided by DTPW and shall contain all information required thereon, including:

(1)

Sufficient information to identify the applicant including, but not limited to, full legal name and trade name, date of birth, telephone number, business address and residential address of the applicant. If the applicant is a corporation, the foregoing information shall be provided for each officer, registered agent, and director. If the applicant is a partnership, the foregoing information shall be provided for each partner. Post office box addresses will not be accepted hereunder. All corporate or partnership applicants shall be organized or qualified to do business under the laws of the State of Florida and shall have a place of business in either Miami-Dade County, Broward County or Palm Beach County, Florida.

(2)

The class(es) of transportation service which the applicant desires to furnish:

(a)

Circulator.

(b)

Contract.

(c)

Fixed route.

(d)

General tours and transport.

(e)

Jitney route.

(3)

A brief description of the kind(s) and type(s) of vehicles, seating capacity, seating arrangements, gross weight, mileage, and number of vehicles proposed to be used.

(4)

The trade name under which the applicant intends to operate and a description, where applicable, of the proposed vehicle color scheme, including placement of numbers and other markings.

(5)

The applicant's proposed service standards, including but not limited to days and hours of operation, and passenger services to be provided.

(6)

The applicant's proposed initial public fare and rate structure.

(7)

A record and proof of all present and prior transportation business activities of the applicant during the past five years.

(8)

A record of all crimes to which the applicant has pled nolo contendere, pled guilty, or of which the applicant has been found guilty or been convicted, whether or not adjudication has been withheld within the 10 years preceding the date of the application. In the case of a corporate or partnership applicant, this information shall be obtained from all corporate officers and directors or partners, as the case may be.

(9)

Where applicable, the contract disclosing the terms and conditions of the proposed transfer, including amount of compensation which has been paid or is payable to the transferor and any other consideration given or to be given to the transferor in connection with the transfer of the certificate of transportation.

(10)

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

(d)

Investigation of for-hire certificate applicants. The Director shall investigate each application and accompanying required documents and reject any application that is not properly filed or that is incomplete or untrue in whole or in part. The Director may approve or deny the issuance of for-hire certificates as specified in this chapter on such terms and conditions as the public interest may require. The Director's decision to reject or to deny may be appealed in accordance with this chapter.

An applicant shall not be eligible for a for-hire certificate if he/she/it:

(1)

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

(2)

Has pled nolo contendere, pled guilty, been found guilty or been convicted of a felony within the last five years, regardless of whether adjudication has been withheld, unless his or her civil or residency rights have been restored;

(3)

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;

(4)

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

(5)

Was enjoined by a court of competent jurisdiction in Miami-Dade County 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;

(6)

Does not have a place of business located in either Miami-Dade County, Broward County or Palm Beach County, Florida;

(7)

Has any unsatisfied civil penalty or judgment in Miami-Dade County pertaining to for-hire operation unless either is being challenged by the applicant in a legal proceeding pertaining to that applicant's operations;

(8)

Has had a for-hire certificate of transportation issued by Miami-Dade County revoked within the last five years, provided that, the Director, for good cause shown, may shorten this period;

(9)

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

(10)

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

(11)

Has applied for a jitney or fixed route certificate of transportation where there is a Duplication of Service as defined in Section 31-102(m).

(e)

Conditions for obtaining a certificate. No certificate shall be issued unless the applicant:

(1)

Has paid an initial or annual certificate fee for the right to operate a passenger motor vehicle;

(2)

Has presented proof of insurance as required by this article; and

(3)

Has ensured that the for-hire vehicle to be operated under the applicant's certificate has passed all required vehicle inspections. Failure on the part of the applicant to meet all of the foregoing requirements within 45 days after notification of conditional approval shall cause the certificate not to be issued. If the applicant believes he, she or it cannot meet the foregoing requirements within the 45 day period, the applicant may, prior to expiration of such 45 period, request in writing a reasonable extension from the Director. If the request states good cause for an extension, the Director shall grant such a reasonable extension as the Director finds is in the public interest.

(f)

Expiration of and renewal process for a certificate of transportation. Certificates may be issued for such periods as specified in the Implementing Order establishing fees. The DTPW may establish staggered terms to ease administration of the renewal process. Each renewal shall be submitted no less than 30 days prior to expiration of the current initial or annual certificate together with payment of a certificate fee.

(1)

As part of the renewal process, the original application shall be updated and verified by the applicant on forms supplied by the DTPW. The Director shall deny any renewal application that is not timely, is not properly filed, is incomplete, is untrue in whole or in part, or results in a determination by the Director that the applicant has failed to satisfy the requirements of Sections 31-103(c) and (d). Renewal applications shall additionally include disclosure of all interests in the certificate (legal, beneficial, equitable or otherwise) and shall certify on a form provided by the DTPW the number of months during the preceding certificate year that he, she, it operated and provided the service authorized by the certificate. Appeal of the denial of a renewal application shall be in accordance with this chapter.

(2)

Grace period. Certificate holders shall have a grace period of up to 30 days after expiration of their certificate in which to renew same provided, however, that all operations shall cease on the date of certificate expiration and the certificate holder shall also pay a late fee over and above the annual certificate fee. All certificates which have not been renewed on or before 30 days after their expiration shall automatically be deemed revoked.

(g)

Transfer of certificate. No certificate of transportation shall be assigned, sold (either outright or under a conditional sales contract) or transferred without prior approval of the DTPW. Any change in the ownership structure of a corporation, or partnership where at least 5 percent of the shares of said corporation or at least 5 percent of the partnership interest is assigned, sold, or transferred to another shall be deemed a sale and shall immediately terminate the certificate and a new certificate application shall be filed. The Director is authorized to approve assignments, sales, or transfers when requested by submission of an application (which discloses the information specified in Sections 31-103 (c) and (d), and is signed and sworn to in accordance with the requirements of this section) and payment of a transfer investigative and processing fee and after an investigation and determination, based on the criteria set forth in this section. An assignee, buyer or transferee shall not begin operating the certificate during the pendency of the application approval process. If the County approves an application to assign, sell, or transfer a certificate, the assignor's, seller's, or transferor's certificate shall be suspended until the County reissues the certificate to the assignee, buyer, or transferee. Appeals of the Director's decision shall be made pursuant to the requirements of this chapter.

(h)

Modification of certificate. Every application for modification by the Director of a certificate shall be in writing, signed and sworn to by the operator and shall be filed together with a modification processing fee. The application for a modification shall be on a form provided by (DTPW). Modifications of a certificate shall include changes in service standards and similar items which reduce or enlarge operating authority. Modifications of a certificate shall not include changes in the class(es) of service.

(i)

Surrender or abandonment of certificate. An operator may relinquish or abandon the operating authority provided in such certificate upon written notice to the Director 30 days prior to the effective date of such action, and submission of the certificate. The surrender or abandonment of the operating authority shall be posted within the passenger compartment section of each vehicle at least 15 days before it becomes effective.

(j)

Rules of operation. Certificate holders shall abide by all rules and regulations applicable to certificate holders and shall be subject to the enforcement provisions contained in this chapter and Chapter 8CC of the Miami-Dade County Code. A certificate holder shall comply with the following regulations:

(1)

Every operator shall collect and file on a daily basis all manifests and trip sheets for each passenger motor vehicle. The operator shall furnish the forms for each manifest to the chauffeur, which forms shall be approved by the County. These forms may be electronic forms provided the operator has furnished the driver with the necessary software or technology to access and complete such forms. Operators shall not destroy, mutilate, alter, or otherwise deface any daily manifests without DTPW approval. All manifests shall be available for inspection and copying by the DTPW or any police agency during regular business hours and shall be retained for one year;

(2)

Shall maintain a record of all requests for service for each passenger transport request received electronically, by telephone, in person, made in writing or pursuant to a corporate charge account which shall minimally include the following information: name of passenger or corporation requesting service; assigned vehicle number; date and time of service request; service provision, including charge accounts; and origin and destination of each trip. All records must be made available for inspection and copying within one business day of such request by the DTPW or any police agency during regular business hours and shall be retained for one year;

(3)

No certificate holder, chauffeur, or any other person shall directly or indirectly provide compensation in any form to any individual or entity or engage in any activity in connection with the payment of compensation, for the right to pick up passengers, or provide for-hire service from any hotel, motel, apartment, restaurant, nightclub, bar, or any other business establishment, or public facility. The certificate or registration of any certificate holder or chauffeur violating this provision shall be subject to suspension for up to six months and/or revocation in accordance with the provisions of Section 31-111 or other appropriate enforcement action as provided in this chapter;

(4)

It shall be a violation of this article for any individual or entity to accept compensation in any form, either directly or indirectly, from any passenger service company, certificate holder, chauffeur, or any other person for the right to pick up passengers or provide for-hire service from any hotel, motel, apartment, restaurant, nightclub, bar, or any other business establishment or public facility;

(5)

Each operator shall maintain accurate records of all revenues, all associated expenses, capital expenditures, and other financial and operating information as may be required by the DTPW. The revenue records shall include charge account contracts that reflect rates charged to all passengers. DTPW shall be granted access to these records for the purpose of inspection and/or copying same upon five days prior notice. All such records and information shall be confidential except that they will become public records for the purpose of rate hearings, revocation or suspension hearings. Each operator shall annually furnish financial and operating information to the DTPW on forms and in the manner prescribed by the DTPW;

(6)

Shall maintain a log of all customer complaints;

(7)

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

(8)

Shall hold any personal property deposited in the lost and found facility for a period of six 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 year;

(9)

Comply with applicable federal law, Florida law, and ordinances, rules and regulations of the County applicable to the operation of for-hire vehicles;

(10)

Immediately report any change of address;

(11)

Maintain all records pertaining to the for-hire operations of a vehicle at the place of business for one year and make same available for inspection during the regular business hours of the certificate holder. When requested by the DTPW, the certificate holder shall provide copies of the records;

(12)

Obtain the operating permit for each for-hire vehicle operated pursuant to authority of the certificate and pay all application and vehicle inspection fees;

(13)

Not knowingly permit or authorize any chauffeur or other person to operate any for-hire vehicle without that vehicle's current valid operating permit being displayed therein;

(14)

Not knowingly allow any person to operate a for-hire vehicle who is not a Miami-Dade County registered chauffeur;

(15)

Not knowingly allow or permit any person to operate a for-hire vehicle without current, valid, and sufficient insurance coverage as required in this chapter;

(16)

Register all vehicles to be placed into service and all vehicles taken out of service and have inspected by DTPW or provide on a DTPW-approved form, proof of inspection pursuant to Section 31-107;

(17)

Not knowingly permit or authorize anyone to drive any for-hire vehicle unless the brakes, steering mechanism, tires, horn, windshield wipers, side and rearview mirrors, and all lighting devices are in good working order, and the vehicle meets all other applicable vehicle standards as set forth in this chapter;

(18)

Not knowingly allow or permit any person to operate a for-hire vehicle while his or her ability or alertness is so impaired or so likely to become impaired through fatigue, illness, or any other cause, as to make it unsafe for the chauffeur to begin or continue to drive the for-hire vehicle;

(19)

Every deaf or hard of hearing person, totally or partially blind person, or physically disabled person shall have the right to be accompanied by a service animal specially trained for the purpose, without being required to pay an extra charge for the service animal;

(20)

A passenger motor carrier certificate holder shall be prohibited from leasing a certificate to another person or entity, or requiring that a chauffeur pay any amount of compensation for the right to operate the vehicle authorized by the certificate;

(21)

A passenger motor carrier certificate holder shall be prohibited from entering into a written agreement with an existing passenger motor carrier certificate holder or passenger service company as defined in Article II;

(22)

Except for certificate holders providing jitney, fixed route or circulator service, a driver, operator or the agent of either is not permitted to solicit or pick up passengers other than by prearrangement;

(23)

Disclose to the customer if a vehicle substitution is necessary and provide the customer with an opportunity to cancel a contract based thereon;

(24)

Not allow a driver to stage;

(25)

Except for certificate holders providing jitney service, a passenger motor carrier certificate holder shall be prohibited from requiring that a chauffeur pay any amount of compensation for the right to operate the vehicle authorized by the certificate;

(26)

Except for certificate holders providing jitney, fixed route or circulator service, each operator shall obtain a SunPass and utilize the "SunPass Only" or "SunPass Express" lane, if available, when the route to a trip destination includes a SunPass toll road and/or bridge where the toll is fixed. For purposes of this section, "SunPass Only" or "SunPass Express" lane shall be defined as lanes that are not equipped with toll attendants or coin-operated toll baskets and installed exclusively for persons using the SunPass device.

(k)

Chauffeur agreements. Each jitney certificate holder, who requires a chauffeur to pay any amount of compensation for the right to operate any vehicle authorized by a certificate of transportation, shall enter into a written chauffeur's agreement with each chauffeur. Each certificate holder 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 and preapproved by the DTPW. The written chauffeur's agreement:

(1)

Shall provide for an express duration of the agreement;

(2)

Shall only be terminated with at least 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 certificate holder's number and chauffeur's registration numbers;

(4)

Shall state and itemize the compensation to be paid by the chauffeur for the right to operate a vehicle authorized by a certificate of transportation. It shall be unlawful for the certificate holder 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 certificate holder and the name of the driver, the certificate of transportation number, payment amount and form of payment utilized, date of payment and the period covered by the payment;

(5)

Shall state that the certificate holder shall be responsible for obtaining the required insurance for the vehicle;

(6)

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

(7)

Shall be signed by both the chauffeur and the certificate holder; and

(8)

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

(l)

Responsibility for violations of chapter. The holder of a certificate of transportation shall be held responsible for any applicable violation of this article arising from the operation of the for-hire vehicle authorized under the holder's certificate and shall be subject to the penalties provided in this chapter for any such violation. In addition, his, her, or its certificate shall be subject to suspension or revocation for any such violation. Charges against or penalties imposed on a chauffeur for the same or related violations shall not relieve the certificate holder of responsibility under this article.

(m)

Vehicles authorized to operate under a certificate of transportation.

(1)

Except for jitney operators, passenger motor carriers shall be solely owned or leased by the certificate holder or a shareholder or partner, of a corporation or partnership. Except for jitney operators, a passenger motor carrier certificate holder shall not require a chauffeur to purchase or lease a passenger motor carrier motor vehicle. This requirement shall become effective when a new vehicle is placed into service as provided by Section 31-107(b).

(2)

Passenger motor carrier certificate holders may operate more than one vehicle per certificate after each such vehicle has obtained a valid and current operating permit.

(Ord. No. 81-17, § 4, 2-17-81; Ord. No. 85-20, § 1, 4-16-85; Ord. No. 87-11, § 2, 3-17-87; Ord. No. 88-118, § 2, 12-6-88; Ord. No. 90-67, § 2, 7-10-90; Ord. No. 90-126, § 3, 11-27-90; Ord. No. 95-42, § 2, 3-7-95; Ord. No. 95-221, § 3, 12-5-95; Ord. No. 98-123, § 1, 9-3-98; Ord. No. 99-72, § 1, 6-22-99; Ord. No. 02-1, § 1, 1-29-02; Ord. No. 06-21, § 2, 2-7-06; Ord. No. 17-30, § 1, 6-6-17)