§ 31-303. Chauffeur's registration; all types.

(a)

It shall be unlawful for any person to drive any for-hire vehicle over any street in Miami-Dade County without first having obtained a chauffeur's registration from the CSD pursuant to this section.

(b)

Initial application for a chauffeur's registration shall be on forms provided by the Department and shall be accompanied by a non-refundable payment of an application and processing fee. Application for renewal of chauffeur's registration shall be accompanied by a non-refundable payment of a renewal fee. Registration applications whether initial or for a renewal shall contain all information required by this chapter.

(c)

The CSD and the Miami-Dade Police Department shall investigate each applicant and report all findings. The CSD, or any authorized agent, shall examine each applicant to determine his or her knowledge of the English language, Miami-Dade County geography, traffic regulations and chauffeur responsibilities as contained in this chapter.

(d)

The CSD may issue a chauffeur's registration, for such periods as prescribed within the administrative order establishing the fees when it is shown that the initial or renewal applicant:

(1)

Holds a current, valid State of Florida driver's license of the class required for the type of for-hire vehicle to be operated;

(2)

Has taken a one (1) day course in one (1) location, as directed by CSD, which will ensure that the applicant is able to speak, read and write the English language sufficiently to perform the duties of a chauffeur; and passes the required CSD oral and written exam demonstrating his or her knowledge of the English language, Miami-Dade County geography, traffic regulations, defensive driving techniques and chauffeur responsibilities. Notwithstanding the foregoing, chauffeurs who have held a chauffeur's registration issued by Miami-Dade County for twenty or more years and have not violated a vehicle or chauffeur standard on two or more occasions within the preceding five (5) years, shall be exempt from the requirements of this paragraph (2). Further, chauffeurs who, as of the effective date of this ordinance, have held a chauffeur's registration issued by Miami-Dade County for twenty or more years shall be exempt from the requirements of this paragraph (2). The provisions of this paragraph (2) shall not apply to initial or renewal private school bus chauffeur applicants except as provided in Section 31-306. In addition, the provisions of this paragraph (2) shall not apply to initial or renewal fixed route or jitney service chauffeur applicants except as provided in Section 31-309.

(3)

Completes a physical examination within the most recent twelve-month period (including any drug test required by the CSD Director pursuant to authority of subsection (j)) by a licensed physician or advanced registered nurse practitioner showing the applicant to be free from any physical or mental defect and to be of sound health;

(4)

Is eighteen (18) years of age or older;

(5)

Certifies under oath that he or she is not a user of alcohol or drugs whose current use would constitute a direct threat to property or the safety of others;

(6)

Certifies under oath that he or she is free from any physical or mental defect or disease that would constitute a direct threat to the property or safety of others or would impair his or her ability to drive a for-hire vehicle;

(7)

Has attended a National Safety Council Defensive Driving Course or equivalent; provided, however, that renewal applicants shall only be required to take an additional defensive driving course approved by the CSD if, in the most recent two-year period, said renewal applicant has been found guilty, or pled guilty or nolo contendere to two (2) or more moving violations.

(e)

No person shall be issued a chauffeur's registration who:

(1)

Fails the physical examination or any drug test required by subsection (d)(3);

(2)

Is an individual 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)

Falsifies his or her application, is found cheating on any exam, or has altered any chauffeur registration such an applicant shall not be eligible to re-apply for one (1) year;

(5)

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;

(6)

Has pled nolo contendere, pled guilty, been found guilty, or been convicted, regardless of whether adjudication has been withheld, of any criminal offense involving moral turpitude relating to sex crimes, the use of a deadly weapon, homicide, violent offense 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)

Has been convicted of an offense involving moral turpitude not relating to sex crimes when, in the discretion of the CSD Director, approval of such registration would constitute a threat to health, welfare or safety of the public or property and therefore would not be in the public's interest;

(8)

During the last five (5) years prior to application has had his or her driver's license suspended for or has pled nolo contendere, pled guilty or been found guilty or been convicted (regardless of whether adjudication has been withheld) of:

(i)

Driving under the influence of drugs or intoxicating liquors (D.U.I.);

(ii)

Three (3) or more traffic infractions resulting in accidents;

(ii)

Fleeing the scene of any accident, or

(iv)

Vehicular manslaughter or any death resulting from driving;

(9)

During the last five (5) years prior to application has accumulated twenty-four (24) points provided, however, renewal applicants applying for renewal of a chauffeur's registration on or before five (5) years from the effective date of this ordinance shall not be issued a renewal registration, if he or she has accumulated twenty-four (24) points during the last three (3) years prior to such application; or

(10)

A chauffeur registration shall be denied when a chauffeur has received in the most recent twelve (12) month period prior to application two (2) or more driver's license suspensions of any type on his or her State of Florida or other state record; or when the applicant has been determined by the State of Florida, or other State to be a habitual traffic offender in accordance with Section 322.264, Florida Statutes, as amended or other applicable State law.

(11)

Has within the last ten (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 ten-year period, such a person shall only be eligible if and when his or her civil or residency rights have been restored.

(f)

The director of the CSD may issue a temporary chauffeur's registration valid for six (6) months only to any applicant, who otherwise qualifies, whose State of Florida application for restoration of civil or residency rights is pending. This temporary chauffeur registration process shall not be available to nor shall such chauffeur's registration be issued to any person who:

(1)

Has pled nolo contendere, pled guilty, been found guilty or been convicted (regardless of whether adjudication has been withheld) of:

a.

Any criminal offense involving moral turpitude relating to sex crimes, the use of a deadly weapon, homicide, trafficking in narcotics, or a violent offense against a law enforcement officer under Section 775.0823 Florida Statutes, or is a habitual felony offender or a habitual violent felony offender under Section 775.084 Florida Statutes; or

b.

Any crime wherein a for-hire vehicle was employed; or

c.

The crime of assault or battery on any county code enforcement personnel.

(2)

Upon approval of a pending application for restoration of civil or residency rights, the temporary chauffeur shall have the privilege of applying for a chauffeur's registration. Upon denial of a pending application for restoration of civil or residency rights, the temporary chauffeur registration shall be automatically revoked. If, at the expiration of the temporary chauffeur's registration, the applicant can prove that his same application for restoration of civil or residency rights is still legitimately pending, the CSD director may further extend the temporary chauffeur's registration, upon application and non-refundable fee payment.

(g)

Each chauffeur's registration (other than a temporary chauffeur's registration) shall expire on the chauffeur's birthday during the appropriate calendar year following issuance. Duplicate chauffeur's registrations may be issued in the same manner as required by Section 31-303. The request must be sworn to and must state that the original has been lost or stolen.

(h)

Chauffeurs shall have a grace period of up to thirty (30) days after expiration in which to renew same and maintain the continuity of the registration, provided, however, the chauffeur within such thirty-day period shall not drive a for-hire vehicle without a valid chauffeur registration and shall also pay a non-refundable penalty surcharge over and above the chauffeur's registration fee.

(i)

Chauffeurs must abide by all rules and regulations applicable to chauffeurs and shall be subject to enforcement, violations and penalties contained in this chapter and Chapter 8CC of this Code. A chauffeur shall comply with the following regulations:

(1)

At all times when operating a for-hire motor vehicle, a chauffeur shall display in such a vehicle a valid chauffeur's registration issued by the CSD for the class of transportation operated.

(2)

No chauffeur shall solicit, as defined by this article, passengers or drive his or her vehicle back and forth in front of any place of public assemblage.

(3)

No chauffeur shall smoke while transporting passengers or sleep or permit others to sleep inside the motor vehicle while parked at a public or private stand or stop.

(4)

No chauffeur shall refuse or neglect to transport to any place in the county any orderly person regardless of race, sex, religion, national origin, age or physical disability, who is willing and able to pay the prescribed fare and no chauffeur shall accept any additional passengers without the consent of the passengers already within the vehicle unless the passenger is being transported under a shared ride or other special service rate.

(5)

Chauffeurs at all times shall maintain a neat appearance. Chauffeurs, other than private school bus chauffeurs, shall wear a collared shirt, dark trousers or skirt, and closed shoes.

(6)

Chauffeurs shall maintain accurate trip sheets for at least one (1) year showing at least the following information: name of chauffeur, vehicle number, date, origin and destination of each trip, number of passengers, and fare for each trip. The total miles, trips and units accumulated during a chauffeur's shift shall be recorded. All information must be recorded legibly. Upon request of CSD, chauffeurs shall produce, in person, trip sheets required to be maintained by this section within one (1) business day of such request.

(7)

No chauffeur shall collect, require, charge, demand, request or accept fares or compensation for transportation services or related services other than the established rates or fares for the type of service being provided, nor may any driver collect, require, charge, demand, request or accept any additional payment including any surcharge, fee, convenience fee, fare or any other form of compensation for the use of a credit or debit card, unless approved by the County Commission, or for transporting any baggage which accompanies the passenger, provided, however, that this provision shall not apply to gratuities.

(8)

The passenger shall be offered a receipt for the fare collected.

(9)

Chauffeurs shall not operate any for-hire vehicle with any lighting devices that are not functioning properly. Likewise, no vehicle shall be driven unless the chauffeur shall have satisfied himself or herself that the brakes, steering mechanism, tires, horn, windshield wipers, and side and rearview mirrors are in good working order.

(10)

A chauffeur shall not use abusive language or be discourteous to passengers or enforcement personnel or solicit gratuities.

(11)

No chauffeur shall operate a motor 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 him or her to begin or continue to operate the motor vehicle. However, in a case of grave emergency where the hazard to occupants of the vehicle or other users of the highway could be increased by compliance with this section, the driver may continue to operate the motor vehicle to the nearest place at which that hazard is removed.

(12)

All chauffeurs shall notify the CSD upon each modification of his or her agreement with an operator or for-hire company. All chauffeurs shall notify the CSD of each change of address within ten (10) days of relocation.

(13)

Chauffeurs shall select routes to trip destinations that are most economical to the passenger unless otherwise directed by or agreed to by the passenger.

(14)

No chauffeur shall attempt to solicit or attempt to divert the patronage of any passenger, prospective passenger, or other person on behalf of any hotel, motel, apartment, restaurant, nightclub, bar or any other business establishment, or accept or receive from any business establishment any payment for such solicitation or diversion of passengers from or to any place of business.

(15)

It shall be unlawful for any chauffeur to refuse to stop his or her vehicle for inspection by CSD authorized personnel or any police officer when such personnel witness a violation of the Code of Miami-Dade County pertaining to such vehicle or when the officer witnesses a violation of the requirements of law or the Code of Miami-Dade County pertaining to such vehicle; or to refuse to permit CSD authorized personnel or any police officer to conduct inspection of the vehicle.

(16)

Each chauffeur shall prominently display an off-duty sign when not waiting employment or actually transporting paying passengers.

(17)

Each chauffeur shall use the air conditioner unless otherwise requested by the passenger, where the vehicle standards mandated by the Code require that a vehicle be equipped with an air conditioner.

(18)

No chauffeur shall display an altered chauffeur's registration when operating.

(19)

No chauffeur shall refuse to sign and accept a violation notice.

(20)

No chauffeur shall operate a vehicle without a currently valid operating permit and vehicle inspection displayed.

(21)

No chauffeur shall operate a vehicle with a tampered or altered operating permit decal or vehicle inspection sticker.

(22)

All chauffeurs who are authorized by state law to carry a firearm and intend to carry said firearm on their bodies or in their vehicles shall notify the CSD in writing on a form provided by the CSD.

(23)

No chauffeur shall refuse or neglect to transport to any place in the county any orderly person, including a service animal, who is willing and able to pay the prescribed fare and no chauffeur shall accept any additional passengers without the consent of the passengers already within the vehicle unless the passenger is being transported under a shared ride or other special service rate. As used in Chapter 31, the term "service animal" shall mean any guide dog, signal dog, or other animal, as defined in 28 C.F.R. § 36.104, individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

(j)

The county manager, within one hundred eighty (180) days from the date of passage of this ordinance, shall prepare and submit directly to the commission a proposed administrative order which provides for drug and alcohol testing where (i) reasonable suspicion exists that a chauffeur applicant or registered chauffeur is abusing alcohol or misusing prescription drugs or illegal substances, or (ii) a registered chauffeur has been involved in a serious accident or repetitive accidents as defined in said administrative order. Such administrative order may also provide for the conduct of periodic recurring testing of such chauffeurs. A chauffeur who is determined to have used or to have been impaired by alcohol while operating or driving a for-hire motor vehicle shall have his or her registration revoked for two (2) years. A chauffeur who is determined to have used a controlled substance, except as permitted for medical purposes by law or regulation, shall have his or her registration revoked for two (2) years.

(k)

Any chauffeur's registration shall be automatically revoked should the chauffeur plead nolo contendere, plead guilty, or be convicted of a felony or of any criminal offense involving moral turpitude or a crime involving the use of deadly weapons or trafficking in narcotics or should the State of Florida revoke or suspend the chauffeur's driver's or operator's license.

(l)

Conviction of a crime. A chauffeur shall be required to notify the CSD in writing of a conviction of a crime within ten (10) business days of said occurrence. Failure to provide the required notice may result in the revocation or suspension of the chauffeur's registration.

(Ord. No. 94-15, § 5, 1-20-94; Ord. No. 94-128, § 1, 6-21-94; Ord. No. 94-139, § 2, 7-12-94; Ord. No. 00-73, § 1, 6-6-00; Ord. No. 09-26, § 1, 4-7-09; Ord. No. 09-44, § 1, 6-2-09; Ord. No. 10-35, § 2, 6-3-10; Ord. No. 12-51, § 1, 7-3-12; Ord. No. 14-10, § 2, 1-29-14)