§ 4-44. Obtaining a certificate of public convenience and necessity.

(a)

Certificate 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 nonemergency (medical) vehicle 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.

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.

(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 for certificate. Every application for a certificate shall be in writing, signed and sworn to by the applicant, and shall be filed with 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 submitted on a form provided by CSD and shall contain all information required thereon including:

(1)

Sufficient information to identify the applicant.

(2)

A brief description of the vehicle proposed to be used.

(3)

A trade name under which the applicant intends to operate and a description of the proposed vehicle colors and/or markings.

(4)

The applicant's management plan including but not limited to maintenance facilities, system for handling complaints and accidents, driver training program and 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 fingerprints and photograph taken by the Miami-Dade County Public Safety Department. In the case of a corporate or partnership applicant, such information shall be obtained from all corporate officers and directors or partners, as the case may be.

(9)

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

(10)

Each certificate application shall be accompanied by an investigative processing and initial certificate issuance 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)

The ability of the applicant to provide the proposed service including past work experience in the industry.

(14)

The location and description of the place or places from which the nonemergency transportation service will operate.

(15)

A statement describing the geographic area(s) to be served by the applicant.

(16)

Evidence of insurance coverage for claims arising out of injury or death of persons and damage to property of others resulting from any cause for which the operator, as a certificate holder, would be liable, as stipulated in Section 4-48.

(17)

For transfer applications only, a statement disclosing the terms and conditions of the proposed transfer, including the 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 public convenience and necessity; in lieu of the requirements of this paragraph, the applicant for transfer of a certificate of public convenience and necessity, may submit a notarized copy of the purchase contract which contains all information requested by this paragraph.

(c)

County Manager's recommendation. CSD shall review and investigate each application and report findings to the County Manager. 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. CSD shall base its recommendations on the criteria contained in subsection (d), below, the thoroughness of the applications and the competence of the applicant. The County Manager may require any further investigation or additional information that he deems necessary. The County Manager shall submit a written report and recommendation to the Commission.

(d)

Commission determination. The Commission shall hold at least two (2) public hearings each year if required to consider and take action upon pending certificate applications and transfer applications. The Commission, after such public hearing, by resolution may issue or refuse to issue the certificate as applied for, or may issue a certificate with such modifications or upon such terms and conditions as in its judgment the public convenience and necessity may require. In reaching its determination, the Commission shall consider the application, the County Manager's report and recommendation, all matters presented at the public hearing and, among others, the following criteria:

(1)

The ability of the applicant to provide the proposed services.

(2)

The adequacy of the management plan of the applicant.

(3)

The benefits that will accrue to the public interest from the proposed service.

Each resolution approving an application shall specify the number of certificates that have been authorized thereby. Each certificate shall authorize a single nonemergency vehicle.

The County Manager may prescribe rules and regulations consistent with the criteria set forth in subsection (d)(1), (2) and (3), above, for the approval and issuance of emergency temporary certificates. Such certificates shall be effective for no more than ninety (90) days and may not be renewed without Commission approval.

(e)

Requirements for issuance of certificate. After Commission approval and payment of a certificate fee, CSD shall issue the applicant a conditional ninety-day certificate and shall issue a full certificate provided that the applicant has complied with the requirements of this article and presents proof of approval by the Florida Department of Health and Rehabilitation Services. No full certificate shall be issued unless the applicant has presented proof of insurance as required by Section 4-48 and passed the required vehicle inspections. If the applicant fails to comply with the requirements of this subsection within ninety (90) days after notification of Commission approval, such approval shall be automatically revoked and no certificate shall be issued.

(f)

Certificate form. 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 description of the vehicle to which it applies and such additional terms, conditions, provisions and limitations as were authorized in the approval process.

(g)

Certificate renewal. All certificates shall be renewed on or before January 1 of each year by payment of an annual certificate fee. All certificates which are not renewed shall automatically expire and all nonemergency transportation services rendered thereunder shall immediately cease as of January 1.

(h)

Required use of certificate. On or before December 31 of each year, each operator shall certify on a form provided by the CSD the number of months authorized service was provided during the preceding year. Failure to certify or to operate for at least nine (9) months during the preceding year shall result in automatic expiration of the certificate.

(i)

Assignment, sale or transfer of certificate. No certificate may be assigned, sold (either outright or under a conditional sales contract), transferred or its ownership structure changed or altered so as to result in a change or the possibility of change in the control of said certificate from the holder of said certificate to another until the proposed assignment, sale, transfer or change in control shall have been approved by the 0ommission. Any transfer of shares of stock or interest of any person or certificate holder so as to cause a change in the directors, officers, shareholders or managers of such person or certificate holder shall be deemed a transfer or assignment as contemplated in this section and subject to the same rules and regulations as any other transfer or assignment.

(1)

The Director is authorized to approve assignments, sales or transfers from one operator to another when requested, upon submission of an application and payment of the investigative fee as specified in subsection (b), above, and after an investigation and final determination, based on the criteria for initial certificate approval set forth in this section.

Appeals of the Director's decision shall be made to the Commission.

(2)

The Director shall issue a replacement certificate to any operator upon application, payment of a replacement fee and presentation of proof that the certificate has been lost or stolen, or that a certificate is requested for a replacement nonemergency vehicle.

(3)

All other proposed assignments, sales or transfers must be approved by the Commission as specified in subsection (d), above, and must be supported by an application and fee as specified in subsection (b), above and an investigation and report as specified in subsection (c), above.

(Ord. No. 80-145, § 4, 12-18-80; Ord. No. 81-45, § 1, 4-21-81; Ord. No. 87-10, § 2, 3-17-87; Ord. No. 88-118, § 1, 12-6-88; Ord. No. 90-126, § 1, 11-27-90; Ord. No. 95-221, § 1, 12-5-95; Ord. No. 06-21, § 1, 2-7-06; Ord. No. 09-45, § 1, 6-2-09)