§ 31-703. Transportation network entity drivers.

Transportation network entity drivers shall comply with the following requirements:

(a)

It shall be unlawful for any person to drive a transportation network entity vehicle over any street in Miami-Dade County without first having obtained authorization from a transportation network entity pursuant to this article.

(b)

Each transportation network entity driver shall:

(1)

Hold a current driver license issued by the State of Florida or be otherwise authorized to operate a motor vehicle in Florida pursuant to Section 322.031, Florida Statutes;

(2)

Be able to communicate in the English language;

(3)

Possess the mental and emotional stability, as well as the physical ability, to safely carry out the duties inherent in operating a transportation network entity vehicle;

(4)

Not have been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of a felony, or have been released from incarceration from a prison within the last six (6) months as a result of a felony conviction as shown on any publicly-accessible website made available by any state or federal Department of Corrections or similar government agency, unless his or her civil or residency rights have been restored;

(5)

Not have been convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) 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, sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct under Section 393.135, Florida Statutes, sexual misconduct with certain mental health patients and reporting of such sexual misconduct under Section 394.4593, Florida Statutes, manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child under Section 782.07, Florida Statutes, vehicular homicide under Section 782.021, Florida Statutes, killing of an unborn child by injury to the mother under Section 782.09, Florida Statutes, kidnapping under Section 787.01, Florida Statutes, false imprisonment under Section 787.02, Florida Statutes, sexual battery under Section 794.05, Florida Statutes, lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult under Section 825.1025, Florida Statutes, sexual performance by a child under Section 827.071, Florida Statutes, sexual misconduct with certain forensic clients and reporting of such sexual misconduct under Section 916.1075, Florida Statutes, inflicting cruel or inhumane treatment on an inmate resulting in great bodily harm under Section 944.35(3), Florida Statutes, or has been adjudicated a habitual violent felony offender under Section 775.084, Florida Statutes;

(6)

Reserved;

(7)

Not have been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of:

a.

Driving under the influence of drugs or intoxicating liquors;

b.

Fleeing the scene of any accident; or

c.

Vehicular manslaughter or any death resulting from driving; or

(8)

Not have been, within the last three (3) years, convicted (conviction shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of more than three (3) moving violations or driving on a suspended, revoked, or invalid license.

(c)

No person shall operate a transportation network entity vehicle who:

(1)

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

(2)

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

(3)

Has been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of a felony, or have been released from incarceration from a prison within the last six (6) months as a result of a felony conviction as shown on any publicly-accessible website made available by any state or federal department of corrections or similar government agency, unless his or her civil or residency rights have been restored;

(4)

Has been convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) 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, sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct under Section 393.135, Florida Statutes, sexual misconduct with certain mental health patients and reporting of such sexual misconduct under Section 394.4593, Florida Statutes, manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child under Section 782.07, Florida Statutes, vehicular homicide under Section 782.021, Florida Statutes, killing of an unborn child by injury to the mother under Section 782.09, Florida Statutes, kidnapping under Section 787.01, Florida Statutes, false imprisonment under Section 787.02, Florida Statutes, sexual battery under Section 794.05, Florida Statutes, lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult under Section 825.1025, Florida Statutes, sexual performance by a child under Section 827.071, Florida Statutes, sexual misconduct with certain forensic clients and reporting of such sexual misconduct under Section 916.1075, Florida Statutes, inflicting cruel or inhumane treatment on an inmate resulting in great bodily harm under Section 944.35(3), Florida Statutes, or had been adjudicated a habitual violent felony offender under Section 775.084, Florida Statutes;

(5)

Reserved;

(6)

Has been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of:

a.

Driving under the influence of drugs or intoxicating liquors;

b.

Fleeing the scene of any accident; or

c.

Vehicular manslaughter or any death resulting from driving; or

(7)

Has been, within the last three (3) years, convicted (conviction shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of more than three (3) moving violations or driving on a suspended, revoked, or invalid license.

(d)

Transportation network entity drivers must abide by all requirements contained in this article. A transportation network entity driver shall comply with the following regulations:

(1)

No transportation network entity driver shall solicit passengers;

(2)

No transportation network entity driver shall smoke while transporting passengers;

(3)

No transportation network entity driver 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;

(4)

Transportation network entity drivers shall at all times maintain a neat appearance;

(5)

No transportation network entity driver shall collect fares or compensation for transportation services other than the rates or charges provided for under Section 31-706 for the type of service being provided, nor may any driver collect any additional payment for transporting any baggage which accompanies the passenger; provided that, a transportation network entity driver may accept gratuities;

(6)

The passenger shall be provided an electronic or paper receipt for the fare collected;

(7)

A transportation network entity driver shall not use abusive language or be discourteous to passengers or enforcement personnel or solicit gratuities;

(8)

No transportation network entity driver shall operate a transportation network entity 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;

(9)

All transportation network entity drivers shall notify the transportation network entity of each change of address within ten (10) days of relocation;

(10)

Transportation network entity drivers shall select routes to trip destinations that are most economical to the passenger unless otherwise directed by or agreed to by the passenger;

(11)

No transportation network entity driver 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 provided that nothing in this paragraph shall be construed to preclude a transportation network entity driver from placing promotional materials in his or her vehicle as long as the driver does not receive compensation for placing such materials in the vehicle;

(12)

It shall be unlawful for any transportation network entity driver to refuse to stop his or her vehicle for inspection by Department authorized personnel or any police officer, or to refuse to permit personnel authorized by the Department to conduct an inspection of the vehicle, when such personnel, except as authorized elsewhere in this article witness a violation of the Code pertaining to such vehicle or when any authorized person witnesses a violation of the requirements of law or the Code pertaining to such vehicle;

(13)

Each transportation network entity driver shall use the air conditioner when the ambient air temperature exceeds seventy-five degrees Fahrenheit unless otherwise requested by the passenger. Notwithstanding the ambient air temperature, a driver shall use the air conditioner upon request of the passenger;

(14)

No transportation network entity driver shall refuse or neglect to transport to any place in the county any orderly person, with a service animal, who is willing and able to pay the prescribed fare and no driver 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;

(15)

A transportation network entity driver shall not drive any transportation network entity 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 article;

(16)

A transportation network entity driver shall not utilize any areas designated solely for use by taxicabs;

(17)

A transportation network driver shall not display on any transportation network entity vehicle the word(s) "taxicab", "taxi" or "cab" on the exterior or interior of the vehicle;

(18)

Transportation network entity drivers shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, as amended;

(19)

No transportation network entity driver shall refuse or neglect to provide transportation network entity services to any orderly person requesting such services and able and willing to pay for such services, regardless of the requested destination, or on account of that person's race, sex, religion, national origin, age, marital status, sexual orientation, gender identity or expression, pregnancy, disability, color, or political affiliation; or

(20)

Transportation network entity drivers shall not charge a higher fare or additional fee to a person who is disabled based on the person's disability or use of a support animal, wheelchair, or other mobility assistance device.

(e)

Conviction of a crime. A transportation network entity driver shall be required to notify the transportation network entity in writing of a conviction of a crime that would preclude a driver from operating as a transportation network entity for-hire driver under this Section within ten (10) business days of said occurrence. Such a driver shall immediately be removed from the transportation network entity's digital platform.

(Ord. No. 16-42, § 3, 5-3-16)