§ 31-602. For-hire limousine licenses.  


Latest version.
  • (a)

    Prohibition against unauthorized operations. 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 limousine services or to cause or permit any other person to use, drive, or operate any for-hire limousine vehicle upon the streets of Miami-Dade County without first obtaining a Miami-Dade County for-hire license and maintaining it current and valid pursuant to the provisions of this article.

    (b)

    Out-of-County origin exception. Nothing in this article shall be construed to prohibit discharge within Miami-Dade County of any passenger lawfully picked up in another County and lawfully transported into Miami-Dade County. Notwithstanding any provision to the contrary: (1) Any passenger lawfully picked up in another county, transported to, and discharged at any location within Miami-Dade County, may be picked up at the discharge location and returned to the county of origin as long as the transportation is part of a pre-arranged, round-trip fare pursuant to a written contract, the limousine has complied with all of the regulatory requirements of the other county and the county where the passenger is picked up has adopted a similar provision; and (2) A limousine from another county may pick up a passenger at either the Miami International Airport (MIA) or the Miami-Dade Seaport (Seaport) and transport said passenger directly to the limousine's county of origin as long as the transportation is part of a pre-arranged one-way continuous fare pursuant to a written contract, the passenger arrived at either the MIA or the Seaport, the limousine has complied with all of the regulatory requirements of the other county and the county where the passenger is picked up has adopted a similar provision. For purposes of this section, references to MIA shall include the Miami Intermodal Center. Pre-arranged means a written, electronic or telephone reservation made in advance by the person requesting service through the place of business of the for-hire license holder for the provision of limousine service for a specified period of time. Any limousine that picks up or discharges passengers at either the MIA or the Seaport shall meet the MIA and the Seaport limousine requirements. A copy of the contract shall be in the possession of the chauffeur at all times and shall be made available to enforcement personnel upon request.

    (c)

    Application procedures. Every initial application for a for-hire license, renewal application, transfer, or amendment to a for-hire license shall be in writing, signed and sworn to by the applicant, and shall be filed with the RER 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 application shall be on a form provided by the RER 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 residence address, of the applicant. If the applicant is a corporation, the foregoing information shall be provided for each officer, resident 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 Florida and shall have a place of business in either Miami-Dade County, Broward County or Palm Beach County, Florida.

    (2)

    The class or classes of transportation service which the applicant desires to furnish.

    (i)

    Limousine service:

    (a)

    Luxury limousine sedan;

    (b)

    Stretch limousine;

    (c)

    Super-stretch limousine;

    (d)

    Ancient limousine;

    (e)

    Antique limousine;

    (f)

    Collectible limousine.

    (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)

    Reserved.

    (5)

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

    (6)

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

    (7)

    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 ten (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.

    (8)

    Reserved.

    (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 for-hire license.

    (10)

    Reserved.

    (11)

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

    (d)

    Investigation of for-hire license 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 licenses 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 license 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 (5) 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 license issued by Miami-Dade County revoked within the last five (5) years, provided that, the Director, for good cause shown, may shorten this period;

    (9)

    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 has been withheld, involving moral turpitude relating to sex; or

    (10)

    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.

    (e)

    Conditions for obtaining a for-hire license. No for-hire license shall be issued unless the applicant:

    (1)

    Has paid an initial or annual license fee;

    (2)

    Reserved.

    (3)

    Has submitted proof of insurance required by this article; and

    (4)

    Has ensured that the for-hire limousine to be operated under the applicant's for-hire license has passed all required vehicle inspections. Failure of the applicant to meet all of the foregoing requirements within forty-five (45) days after notification of conditional approval shall cause the license not to be issued. If the applicant believes he, she or it cannot meet the foregoing requirements within the forty-five-day period, the applicant may, prior to expiration of such forty-five-day 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)

    Vehicles authorized to operate under a for-hire license.

    (1)

    Except for luxury limousine sedans, limousines shall be solely owned or leased by the for-hire license holder. Under no circumstances shall a limousine license holder require a chauffeur to purchase or lease a limousine motor vehicle. This requirement shall become effective one (1) year after the adoption of this article when a new vehicle is placed into service as provided by Section 31-609(b).

    (2)

    The number of vehicles authorized to operate under for-hire license are as follows:

    (a)

    Luxury limousine sedan for-hire license holders shall operate only one vehicle per for-hire license.

    (b)

    Stretch, super-stretch, ancient, antique, or collectible limousine license holders may operate more than one vehicle per license, after each such vehicle has obtained a valid and current operating permit.

    (g)

    Issuance and replacement of for-hire license.

    (1)

    Issuance. Each for-hire license shall be on a form developed by the RER and shall be signed by the Director. Each for-hire license shall, at a minimum, contain the name and the business address of the license holder, date of issuance, its expiration date and such additional terms, conditions, provisions, and limitations as were imposed during the approval process.

    (2)

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

    (h)

    Expiration of and renewal process for for-hire license. For hire licenses may be issued for such periods as specified in the Implementing Order establishing the fees but in no case for a period of less than one (1) year. The RER may establish staggered license terms to ease administration of the renewal process. Each renewal shall be submitted no less than thirty (30) days prior to expiration of the current initial or annual for-hire license together with payment of a license fee. As part of the renewal process, the original application shall be updated and verified by the applicant on forms supplied by the RER. 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 subsection 31-602(c), (d) or (e). Renewal applications shall additionally include disclosure of all interests in the for-hire license (legal, beneficial, equitable or otherwise) and a sworn statement as to the number of months which each permitted for-hire vehicle operated during the preceding license year. Appeal of the denial of a renewal application shall be in accordance with this chapter.

    (i)

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

    (j)

    Rules pertaining to change in control of the for-hire license. Except as provided in Section 31-602(n), no for-hire license shall be assigned, transferred, or sold (either outright or under a conditional sales contract). Except as provided in Section 31-602(n), any change in the ownership structure of a corporation or partnership where at least five (5) percent of the shares of said corporation or at least five (5) percent of the partnership interest is assigned, sold or transferred to another shall be deemed a sale and shall immediately terminate the license and a new for-hire license application shall be filed. The for-hire transportation service may continue to operate provided that such application has been filed with the RER within thirty (30) days of the change in accordance with Section 31-602 and be accompanied by an investigatory and processing fee.

    (k)

    Rules of operation. For-hire license holders shall abide by all rules and regulations applicable to for-hire license holders and shall be subject to the enforcement provisions contained in this chapter and chapter 8CC of the Miami-Dade County Code. A for-hire license 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 for-hire limousine. 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 chauffeur 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 RER approval. All manifests shall be available for inspection and copying by the RER or any police agency during regular business hours and shall be retained for one (1) year;

    (2)

    Shall maintain a record of all requests for service for each passenger transport request received electronically, by telephone or 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 RER or any police agency during regular business hours and shall be retained for one (1) year;

    (3)

    No for-hire license 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 limousine service from any hotel, motel, apartment, restaurant, nightclub, bar, or any other business establishment, or public facility. The license or registration of any for-hire license holder, or chauffeur violating this provision shall be subject to suspension for up to six (6) months and/or revocation in accordance with the provisions of Section 31-612 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, for-hire license holder, chauffeur, or any other person for the right to pick up passengers or provide limousine 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 RER. The revenue records shall include charge account contracts that reflect rates charged to all passengers. The RER shall be granted access to these records for the purpose of inspection and copying same upon five (5) 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 RER on forms and in the manner prescribed by the RER;

    (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 (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;

    (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 license holder. When requested by the RER, the license holder shall provide copies of the records;

    (12)

    Obtain the operating permit for each for-hire vehicle operated pursuant to authority of the for-hire license 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 RER or provide on a RER-approved form proof of inspection pursuant to Section 31-613(f);

    (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 limousine for-hire license holder shall be prohibited from leasing a for-hire license 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 for-hire license;

    (21)

    A limousine for-hire license holder shall, except as provided herein, be prohibited from entering into a written agreement with an existing for-hire limousine license holder or passenger service company as defined in Article II. Notwithstanding the foregoing, a luxury sedan limousine license holder who has been issued three (3) or less luxury sedan limousine licenses may enter into a written agreement with an existing for-hire limousine license holder or passenger service company for the provision of the following services as stated in Section 31-602(c)(10). Under no circumstances shall an existing for-hire limousine license holder or passenger service company require a sedan limousine license holder to purchase any services or goods others than those stated in Section 31-602(c)(10);

    (22)

    Not allow a driver 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)

    At the end of the first calendar year after the adoption of this ordinance, each limousine license holder shall submit to the Department the following information regarding transportation activities in Miami-Dade County: average age of limousines operated during the preceding year in Miami-Dade County; the number of incidents (e.g., accidents, moving violations and criminal charges) during the preceding year; and the number of insurance claims filed. The Department shall provide this information to the Board in the form of a report pursuant to Ordinance No. 14-65;

    (26)

    Reserved.

    (l)

    Responsibility for violations of chapter. The holder of a for-hire license 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 for-hire license and shall be subject to the penalties provided in this chapter for any such violation where the license holder knowingly permitted or allowed the violation. In addition, his, her, or its license 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 for the same or related violations shall not relieve the for-hire license holder of responsibility under this article.

    (m)

    As part of the annual renewal of a for-hire license, each operator shall certify on a form provided by the RER the number of months during the preceding year that he, she, it operated and provided the service authorized by the for-hire license. Failure to operate for at least nine (9) months during the preceding year shall result in automatic revocation of such license. Operations within the thirty-day grace period provided in subsection (i) shall not be counted for purposes of determining compliance with the requirements of the two (2) preceding sentences.

    (n)

    No for-hire limousine luxury sedan license shall be assigned, sold, (either outright or under a conditional sales contract) or transferred without prior County approval. Any change in the ownership structure of a corporation or partnership where at least five (5) percent of the shares of said corporation or at least five (5) percent of the partnership interest is assigned, sold or transferred to another shall be deemed a sale for the purposes of this section. The Director is authorized to approve assignments, sales, or transfers when requested by submission of an application (which discloses the information specified in and is signed and sworn to in accordance with the requirements of subsections (c) and (d) 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 limousine luxury sedan license during the pendency of the application approval process. If the County approves an application to assign, sell, or transfer a limousine luxury sedan license, the assignor's, seller's, or transferor's limousine luxury sedan license shall be suspended until the County reissues the limousine luxury sedan licenses to the assignee, buyer, or transferee. Provided, however, that the County shall reissue the limousine luxury sedan licenses to the assignee, buyer, or transferee at a cost not to exceed the annual, limousine luxury sedan license renewal fee. Any limousine luxury sedan license issued pursuant to Section 31-603(c)(ii)—(v) shall not be assigned, sold or transferred for a period of five (5) years from the date of issuance, except upon: (1) the sale of the luxury sedan license holder's business within the five-year period; (2) the sale of shares or the corporation or partnership as provided in this subsection; or (3) the transfer of all for-hire luxury sedan licenses by an individual to a person as defined in Section 31-601. No transfer shall be approved that results in a license holder holding or controlling more than thirty (30) percent of the total number of luxury limousine sedan licenses issued by the County. Appeals of the Director's decision shall be made pursuant to the requirements of this Chapter.

    (o)

    It shall be unlawful to operate any vehicle as a for-hire motor vehicle without first having obtained a for-hire license and an operating permit specifically relating to said vehicle. The for-hire operating permit shall, at all times, be displayed within the vehicle and shall be available for inspection by any police officer or authorized agent of the RER.

    (p)

    Conversion of super-stretch limousine certificates of transportation to a limousine for-hire license. Within ninety (90) days after the date of enactment of this article, super-stretch limousine certificate of transportation license holders shall obtain a stretch or super-stretch limousine for-hire license and corresponding operating permit for each vehicle operated thereunder. Such permits shall be obtained pursuant to the provisions of this Chapter.

    (q)

    Rules for existing for-hire limousine licenses. Notwithstanding any provision to the contrary, any person who converts an existing for-hire limousine license after the date of adoption of this article pursuant to Section 31-603(c)(i) and is providing luxury limousine service may lease the luxury limousine sedan license to a person who meets the requirements of Section 31-602(c) and (d), including payment of the application and investigatory fee, until such license is assigned, sold or transferred as provided in Section 31-602(n).

(Ord. No. 00-139, § 1, 11-14-00; Ord. No. 09-26, § 1, 4-7-09; Ord. No. 14-13, § 1, 1-29-14; Ord. No. 16-44, § 1, 5-3-16)