§ 31-203. Special transportation services 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 cause or permit any other person to use, drive or operate any special transportation services motor vehicle for compensation upon the streets of Miami-Dade County without first obtaining a Miami-Dade County special transportation services certificate of transportation, a certificate issued pursuant to Article III of this chapter, a for hire license issued pursuant to Article II of this chapter, or a certificate issued pursuant to Article III of Chapter 4 of the Code of Miami-Dade County, and maintaining it current and valid, pursuant to the provisions of this article, unless specifically excluded from this article.

Nothing in this article shall be construed to prohibit:

(1)

Discharge within Miami-Dade County of any passenger lawfully picked up in another County.

(2)

Pick up of a paratransit passenger by a provider of pratransit 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 Certificate of public convenience and necessity for such purpose, nor shall a chauffeur of such paratransit vehicle be required to obtain a Miami-Dade County for-hire chauffeur's registration.

(b)

Application contents. Every application for a special transportation services certificate shall be in writing, signed and sworn to by the applicant, and shall be filed with the CSD. 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 CSD and shall contain all information required thereon, including but not limited to:

(1)

Sufficient information to identify the applicant.

(2)

The class of transportation service to be authorized under this article, routes, termini, schedules, etc., and a brief description of the kinds of and types of vehicles, seating capacity of the vehicles, seating arrangements, and size and gross weight thereof.

(3)

The trade name under which the applicant intends to operate and a description of the proposed vehicle colors, numbers and markings.

(4)

The applicant's management plan including but not limited to maintenance facilities, a system for handling complaints and accidents, a driver training program, insurance coverage, and a communication system.

(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 of all present and prior transportation business activities of the applicant during the past five (5) years.

(8)

A record of all crimes (excluding traffic) of which the applicant has been convicted within five (5) years preceding the date of the application. The applicant shall have his/her fingerprints and photograph taken by the Miami-Dade Police Department.

(9)

Two (2) credit references including at least one (1) bank where the applicant maintains an active account.

(10)

An investigative and processing fee which shall be nonrefundable.

(11)

An agreement on the part of the applicant to conform to and abide by the provisions of this article and the laws of the State of Florida.

(12)

The applicant's current financial statement. If the applicant has an existing certified financial statement, the most current certified financial statement is required.

(13)

A factual statement indicating the anticipated market to be served and such other pertinent information as the applicant may desire to present to support his application.

(14)

A factual statement supporting the economic feasibility of the services proposed to be provided, including estimated ridership, fare revenue, and operating expenses for the first year of operation.

(15)

An operational plan for implementing the proposed services.

(16)

A public notice which shall contain a brief summary of the subject matter of the applicant including a brief description of the type of service proposed and the geographical area to be served.

(c)

Application review. The Director, or his or her designee, shall review and investigate each application submitted pursuant to this article. Such investigation shall include a Miami-Dade Police Department background check including, but not limited to, past business credit or financial standing and law enforcement records.

(d)

Certification criteria and process. The Director shall determine if the requested certificate is consistent with the following public interest criteria.

(1)

That the applicant is fit, willing and able, in accordance with the requirements of this section, to provide the transportation to be authorized by the certificate.

(2)

The transportation to be provided under the requested certificate is consistent with the public interest.

(3)

That the proposed transportation service will improve the quality of transportation available to the public.

The Director may authorize or refuse to authorize the certificate applied for, or may authorize a certificate with such modifications or upon such terms and conditions as in his judgment the public interest may require. The Director shall not issue a special transportation services certificate to an applicant until such applicant is awarded a contract by Miami-Dade County to provide Miami-Dade Transit Agency services.

(e)

Further requirements. No certificate shall be issued unless the applicant has:

(1)

Paid an annual certificate fee for the right to operate special transportation services motor vehicles;

(2)

Presented proof of insurance as required by Section 31-206 of this article; and

(3)

Passed all required vehicle inspections.

Failure on the part of the applicant to complete this process within ninety (90) days after notification of contract award shall cause the certificate not to be issued and the County's approval to be automatically revoked.

(f)

Form of certificate. Each certificate shall be on a form developed by CSD and shall be signed by the Director. Each certificate shall contain, at a minimum, the name and address of the applicant, a statement of the transportation service authorized, the passenger capacity of the vehicles to which it applies, and such additional terms, conditions, provisions, and limitations as were authorized in the approval process.

(g)

Renewal. All certificates shall be renewed before April 1 of each year by payment of an annual certificate fee. All fees provided for in this section shall be in addition to any other license fees or charges and shall not be prorated for fractional parts of a year. All certificates that are not renewed shall automatically expire and all certificate transportation services rendered thereunder shall immediately cease as of April 1.

(h)

Transfer of certificate. No certificate issued pursuant to this article may be sold, assigned, transferred, leased, or its ownership structure changed or altered so as to result in a change or the possibility of a change in the control of said certificate to another.

(Ord. No. 91-130, § 2, 11-5-91; Ord. No. 95-221, § 4, 12-5-95)