Title 220 · Chapter 220 - VEHICLES FOR HIRE
Chapter 220 - VEHICLES FOR HIRE
Section: 220
Sec. 215.106. - Effective date of Chapter. Chapter 225 - VEHICLE REPAIR RECORDS RETENTION Chapter 220 - VEHICLES FOR HIRE[1]
Footnotes: --- (1) ---
Editor's note— Ord. 2019-183-E, § 2, amended the Code by repealing former Ch. 220, §§ 220.100—220.103, 220.201, 220.301, 220.401—220.411, 220.414, and 220.501, and added a new Ch. 220. Former Ch. 220 pertained to similar subject matter, and derived from Ord. 82-1121-571, Ord. 83-591-400, Ord. 85-465-293, Ord. 85-1561-830, Ord. 86-752-382, Ord. 86-1217-726, Ord. 87-1498-880, Ord. 89-1118-544, Ord. 90-215-235, Ord. 90-324-84, Ord. 92-1068-933, Ord. 2002-1214-E, Ord. 2008-513-E, Ord. 2011-732-E, Ord. 2013-209-E, Ord. 2013-554-E, Ord. 2003-1051-E, Ord. 2016-140-E, and Ord. 2017-665-E.
Cross reference— Buses, Ch. 170; vessels for hire, Ch. 221; traffic and parking, Tit. XXIII.
State Law reference— Traffic generally, F.S. Ch. 316.
PART 1. - GENERAL PROVISIONS
Sec. 220.100. - Exercise of County Powers.
This Chapter shall apply to the General Services District, less Urban Services Districts 2, 3, 4 and 5, which said areas include the entire City of Jacksonville, except the Cities of Jacksonville Beach, Atlantic Beach, Neptune Beach, and the Town of Baldwin.
(Ord. 2019-183-E, § 2)
Sec. 220.101. - Responsibility for Administration of Chapter; Rules.
The Director of Finance and Administration is vested with the responsibility of administering this Chapter but this responsibility may be delegated to one or more employees of the Department.
(Ord. 2019-183-E, § 2)
Sec. 220.102. - Legislative findings and determinations.
The Council finds and determines that:
(a)
Taxicabs, shuttle vehicles and other vehicles for hire exist and are being offered for service in the City.
(b)
These vehicles for hire use the public streets and highways to provide their services.
(c)
Except for taxicabs, which have been regulated for many years, these vehicles for hire are not subject to any law regulating service to the public, the safety of the vehicles and the fitness of their drivers.
(d)
The public constantly use these vehicles for hire and are entitled to be able to ride in them with assurance that they meet minimum standards of service and safety.
(e)
Regulation, however, should involve as little governmental influence as is consistent with the public health, safety and welfare, leaving to the play of free enterprise and market forces such matters as the number of vehicles for hire, the fares they charge and the business organization and identification they use.
(f)
In order to provide for this minimal governmental regulation and to restore and encourage free enterprise in the vehicle-for-hire industry, it is determined that free market with limited government oversight of insurance and driver background check is the most effective method.
(Ord. 2019-183-E, § 2)
Sec. 220.103. - Definitions.
As used in this Chapter:
(a)
Cruising means driving on, over or along the streets and around businesses of the General Services District (except within the Second, Third, Fourth and Fifth Urban Services Districts) soliciting passengers for hire or parking for the purpose of soliciting fares.
(b)
Department means the vehicle-for-hire regulatory activity of the Finance and Administration Department.
(c)
Director means the Director of the Finance and Administration Department.
(d)
Dispatch Service means a business or company that contracts with a licensed vehicle-for-hire business or company to provide dispatch service of limousines, sedans or prearranged contractual carriers to members of the public who seek transportation service, via a computer, a mobile phone application, text, email or Web-based reservation, by advance reservation.
(e)
For-hire business means an entity operating one or more vehicles for hire other than as a for-hire driver, regardless of the form of organization of the entity and regardless of whether the vehicles so operated are owned or leased by the entity or are owned by individual members of the entity.
(f)
For-hire driver means a person holding a valid driver's license, background check and insurance.
(g)
Limousine means a specialized vehicle not equipped with a taximeter and for hire only by prearrangement at an estimated rate, or fixed in advance, and provided also that each such vehicle for hire is: (1) chauffeured, (2) a luxury class passenger vehicle built or modified for the purpose of a limousine as defined and recognized by the limousine industry or a Smart way vehicle certified by the United States Environmental Protection Agency. The Smart way vehicle shall have a minimum wheel base requirements of 105 inches. A vehicle which is held out to be a limousine or which has an appearance deceptively similar to a limousine is a limousine for the purposes of this Chapter. A limousine may also be used to provide dispatch transportation service as defined in subsection (d) of this Part.
(h)
Owner means the person in whose name a vehicle for hire is registered, as shown on the motor vehicle tag registration issued by the Tax Collector.
(i)
Pre-arranged contractual carrier means a vehicle for hire which is not equipped with a taximeter and is not used as a taxicab, and which charges passengers a fare based on a written or electronically transmitted agreement to provide transportation to the customer in advance of boarding from a specific location. Notwithstanding anything to the contrary, pre-arranged contractual carrier includes vehicles used for the sole purpose of transporting guests or customers of a lodging facility, resort or rental car company. A pre-arranged contractual carrier may also be used to provide dispatch transportation service as defined in subsection (d) of this Part.
(j)
Shuttle vehicle means a vehicle for hire with a capacity of at least eight persons, including the driver, which is not equipped with a taximeter and is not used as a taxicab or for cruising, except:
(1)
Sight-seeing cars and buses,
(2)
Ambulances and funeral home shuttle vehicles, and
(3)
Motor vehicles operated exclusively by private contract carriers under written contracts for the transportation solely of employees of one or more business concerns;
And operating to and from fixed points of pickup and discharge for a fixed rate or fare. Excluded from this definition is a vehicle which is a luxury motor vehicle equipped to carry not more than four persons, including the driver, wherein the vehicle is hired for a fixed period of time and at a fixed contractual rate or charge. A vehicle which is held out to be a shuttle vehicle or which has an appearance deceptively similar to a shuttle vehicle is a shuttle vehicle for the purposes of this Chapter.
(4)
School buses and church buses meeting the following requirements:
(i)
School buses used for the transportation of pupils to and from school or to and from school activities, and which are owned, operated, rented or leased by the Duval County School Board or any private school in Duval County; and
(ii)
Church buses used for the transportation of persons to and from church or to and from church activities, and which are owned, operated, rented or leased by any church in Duval County.
(k)
Taxicab means a vehicle for hire with a capacity of not more than eight persons, including the driver, except:
(1)
Sight-seeing cars and buses,
(2)
Ambulances and funeral home shuttle vehicles, and
(3)
Motor vehicles operated exclusively by private contract carriers under written contracts for the transportation solely of employees of one or more business concerns;
and may operate over a fixed or defined route and may be routed under the direction of the person hiring the vehicle. A vehicle which is held out to be a taxicab or which has an appearance deceptively similar to a taxicab is a taxicab for the purposes of this Chapter.
(l)
Taximeter means a mechanical or electronic device which calculates and displays a predetermined rate and indicates the charge for the hire of a taxicab and which may also record and indicate a fare, rate or charge based on waiting time, extra passengers, initial charge and other fares, rates or charges as are permitted or required by this Chapter.
(m)
Taxi stand, unless the context indicates otherwise, includes taxi stands exclusively for use by metered taxicabs, exclusively for use by unmetered taxicabs and for use by both metered and unmetered taxicabs.
(n)
Van means a passenger vehicle recognized as either a full-size passenger van or a passenger vehicle on a van or truck chassis. The term shall not include a cargo or panel van.
(o)
Vehicle for hire means any taxicab, shuttle, prearranged limousine and any other motor vehicle with driver transporting passengers for a fare, fee, or other charge in Duval County. The term vehicle for hire, by definition, excludes:
(1)
School and church buses;
(2)
Sightseeing cars and buses;
(3)
Ambulances;
(4)
Funeral home vehicles;
(5)
Interstate buses;
(6)
Horse-drawn carriages; and
(7)
Jacksonville Transportation Authority vehicles.
(Ord. 2019-183-E, § 2)
PART 2. - DRIVER BACKGROUND CHECK
Sec. 220.201. - Investigation of applicants; criteria for evaluation of services.
(a)
Before an individual is authorized to operate a vehicle for hire:
1.
The individual must submit an application to the vehicle for hire business which includes information regarding his or her address, age, driver license, motor vehicle registration, and other information required by the vehicle for hire business;
2.
The vehicle for hire business must conduct, or have a third party conduct, a local and national criminal background check that includes:
a.
A search of the Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation of any records through primary source search; and
b.
A search of the National Sex Offender Public Website maintained by the United States Department of Justice; and
3.
The vehicle for hire business must obtain and review, or have a third party obtain and review, a driving history research report for the applicant.
(b)
The vehicle for hire business shall conduct the background check required by this Part for a vehicle for hire driver every three years.
(c)
The vehicle for hire business may not authorize an individual to act as a vehicle for hire driver if the driving history research report conducted reveals that the individual has had more than three moving violations in the prior three-year period.
(d)
The vehicle for hire business may not authorize an individual to act as a vehicle for hire driver if the background check conducted reveals that the individual:
1.
Has been convicted, within the past five years, of:
a.
A felony;
b.
A misdemeanor for driving under the influence of drugs or alcohol, for reckless driving, for hit and run, or for fleeing or attempting to elude a law enforcement officer; or
c.
A misdemeanor for a violent offense or sexual battery, or a crime of lewdness or indecent exposure under F.S. Chapter 800;
2.
Has been convicted, within the past three years, of driving with a suspended or revoked license;
3.
Is a match in the National Sex Offender Public Website maintained by the United States Department of Justice;
4.
Does not possess a valid driver license; or
5.
Does not possess proof of registration for the motor vehicle used to provide prearranged rides.
(Ord. 2019-183-E, § 2)
PART 3. - INSURANCE
Sec. 220.301. - Liability insurance.
(a)
Every owner or registrant of a motor vehicle used as a taxicab shall maintain security as required under F.S. §§ 324.032(1) and 627.737, shall not apply to any motor vehicle used as a taxicab.
(b)
Insurance required under this subsection must be provided by an insurer authorized to do business in this State which is a member of the Florida Insurance Guaranty Association or an eligible surplus lines insurer that has a superior, excellent, exceptional, or equivalent financial strength rating by a rating agency acceptable to the Office of Insurance Regulation of the Financial Services Commission.
(c)
A vehicle for hire driver shall carry proof of insurance coverage with him or her at all times during his or her use of a vehicle for hire vehicle in connection with a vehicle for hire business. In the event of an accident, a vehicle for hire driver shall provide this insurance coverage information to any party directly involved in the accident or the party's designated representative, automobile insurers, and investigating police officers. Proof of financial responsibility may be presented through an electronic device, such as a digital phone application, under F.S. § 316.646. Upon request, a vehicle for hire driver shall also disclose to any party directly involved in the accident or the party's designated representative, automobile insurers, and investigating police officers whether or not he or she was employed by the vehicle for hire business and engaged in a prearranged ride at the time of the accident.
(d)
If a vehicle for hire's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the vehicle for hire shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle.
(Ord. 2019-183-E, § 2)
PART 4. - STANDARDS OF SERVICE; FARES, RATES AND CHARGES
SUBPART A. - STANDARDS OF SERVICE
Sec. 220.401. - Refusal to convey passenger; exception.
No for-hire driver shall refuse to convey a passenger to any part of the City over paved streets, under tender of legal fare, unless the passenger is obviously under the influence of alcohol, narcotics or drugs or otherwise not in control of his faculties to an extent that constitutes an immediate hazard to the safety or operation of the vehicle for hire or the safety of the for-hire driver or other occupants of the vehicle.
(Ord. 2019-183-E, § 2)
Sec. 220.402. - Maximum number of passengers.
It shall be unlawful for a for-hire driver to permit more passengers to occupy a vehicle for hire at one time than the number of passengers which the vehicle for hire was designed or designated by the manufacturer of the vehicle to carry.
(Ord. 2019-183-E, § 2)
Sec. 220.403. - Receipts furnished passengers upon request.
Every for-hire driver of a vehicle for hire, upon the request of a passenger, shall supply the passenger with a written or electronic receipt showing the place the passenger was picked up by the vehicle, the passenger's destination, the fare paid by the passenger and the date of the transaction. Notice of the provisions of this Section shall be conspicuously posted in each taxicab or shuttle.
(Ord. 2019-183-E, § 2)
Sec. 220.404. - Items lost and found.
Each for-hire driver shall examine his vehicle for hire at the end of his shift and turn over to the owner of the vehicle items left by a passenger in the vehicle. The owner shall maintain a written record of all items turned over to him, in a form approved by the Director, containing a description of the item, the date it was turned in, the vehicle for hire in which it was found and the for-hire driver who turned the item in. The item shall be examined and the owner identified and notified, if possible. If the item is claimed, a record shall be made of the name and address of the claimant. No item shall be disposed of, other than by return to its owner, within 90 days of the date it is turned in and, when disposed of, a record shall be made of its disposition.
(Ord. 2019-183-E, § 2)
Sec. 220.405. - Designation of taxi stands; change.
(a)
The Department, subject to the approval of the Sheriff and the City Highway Engineer, is empowered to designate the location of and extent of space for stands on the streets within the City to be known as taxi stands and whether a taxi stand is reserved for metered or unmetered taxicabs or may be used by both metered and unmetered taxicabs. The boundaries of each taxi stand shall be designated by a sign which clearly states that the taxi stand is for use by taxicabs only. The Department shall file a complete list of the locations with the Council Secretary and shall file semiannual reports of changes required to maintain the list in a current status.
(b)
A taxi stand may be enlarged, restricted, changed, relocated or abolished by the Department, with the consent of the Sheriff and the City Highway Engineer, if in its judgment, public necessity, safety or convenience requires this action. Before this action becomes effective, the Department shall notify all owners of the proposed action and request them to file objections that they may have with it within ten days from the date of the notice. If no objections are timely filed, the proposed action shall become effective at the time prescribed by the Department. If objections are timely filed, the Department shall give the objecting owners an opportunity to present their objections, comments and recommendations to it, the Sheriff and the City Highway Engineer within a reasonable time after the objections are filed. Thereafter, the Department, with the concurrence of the Sheriff and the City Highway Engineer, shall confirm, modify or abandon the proposed action and so notify all owners.
(Ord. 2019-183-E, § 2)
Sec. 220.406. - Prohibition of use of taxi stands.
No automobile or other means of conveyance, except a taxicab, shall be permitted to use a taxi stand at any time.
(Ord. 2019-183-E, § 2)
Sec. 220.407. - Manner of entering and leaving taxi stand.
A for-hire driver shall enter and park a taxicab in a taxi stand in an orderly manner and shall not attempt to enter or park in a taxi stand until there is an unoccupied space therein in accordance with the number of taxicabs which the taxi stand is designated to accommodate. Taxicabs shall enter a taxi stand at the rear thereof and shall leave therefrom in their respective order of entrance; provided, that a taxicab may leave a taxi stand at a time:
(a)
That there is no passenger in the taxicab.
(b)
That the for-hire driver takes on a passenger whose fare will be paid by means of a charge account established with the owner of the taxicab.
(Ord. 2019-183-E, § 2)
Sec. 220.408. - Depriving others of use of taxi stands.
It shall be unlawful for an owner or a for-hire driver to use a taxi stand in a manner which will deprive another owner or another for-hire driver of the use thereof, if lawfully entitled to do so by this Chapter or the rules or administrative orders issued by the Director.
(Ord. 2019-183-E, § 2)
Sec. 220.409. - Compensation for use of taxi stands prohibited.
It shall be unlawful for a person holding title to or having possession or control of real property which abuts or is adjacent to a public street on which a taxi stand is located to demand or receive from an owner or a for-hire driver a charge or compensation of any kind whatsoever as consideration for the use of the public street space as a taxi stand.
(Ord. 2019-183-E, § 2)
Sec. 220.410. - Operation of for-hire business records.
A vehicle for hire shall maintain the following records:
(a)
Individual ride records for at least one year after the date on which each ride is provided; and
(b)
Individual records of vehicle for hire drivers for at least one year after the date on which the vehicle for hire driver's relationship with the vehicle for hire ends.
(Ord. 2019-183-E, § 2)
Sec. 220.411. - Posting and exhibition of Driver and license plate number.
The vehicle for hire's digital network must display a photograph of the vehicle for hire driver and the license plate number of the vehicle for hire vehicle used for providing the prearranged ride before the rider enters the vehicle for hire driver's vehicle.
(Ord. 2019-183-E, § 2)
SUBPART B. - RATES, FARES AND CHARGES
Sec. 220.414. - Posting of rates.
Each taxicab or shuttle owner shall place a suitable card in large type, easily readable, in each vehicle for hire explaining and describing the fare, rate or charge for the use of the vehicle. A for-hire business doing business by reservation only and which does not offer taxicab service except by prior reservation is not required to comply with this Section.
(Ord. 2019-183-E, § 2)
PART 5. - ADMINISTRATION; ENFORCEMENT
Sec. 220.501. - Certified Reporting.
(a)
No later than January 1 of every other year beginning in 2020, a vehicle for hire business shall submit to the Department of Finance and Administration an examination report prepared by an independent certified public accountant for the sole purpose of verifying that the vehicle for hire has maintained compliance with Part 2 (Driver Background Check) and Part 3 (Insurance) on a continual basis for either the preceding two years or for the timeframe that the vehicle for hire has been operating in this State if that timeframe is less than two years. The report shall expressly state whether the vehicle for hire business was compliant or noncompliant. The report must be prepared in accordance with applicable attestation standards established by the American Institute of Certified Public Accountants. The vehicle for hire shall bear all costs associated with the preparation and submission of the report.
(b)
The Department of Finance and Administration, within 30 days after receipt of the report required under paragraph (a), shall impose a fine of $10,000 if the report includes a finding that the vehicle for hire has been noncompliant with Part 2 (Driver Background Check), Part 3 (Insurance), or both. A vehicle for hire that has been found to be noncompliant shall submit another examination report prepared by an independent certified public accountant to the department no later than January 1 of the following year. This subsequent report shall evaluate the records of the vehicle for hire business for the timeframe since the independent certified public accountant last reviewed the records of the vehicle for hire to determine whether the vehicle for hire has been compliant with Part 2 (Driver Background Check), Part 3 (Insurance), or both on a continual basis. The department, within 30 days after receipt of the subsequent report required by this paragraph, shall impose a fine of $20,000 if the subsequent report includes a finding that the vehicle for hire has been noncompliant with Part 2 (Driver Background Check), Part 3 (Insurance), or both. Failure to timely submit any report required under this Chapter shall result in the imposition of an additional fine of $10,000 for noncompliance. Any fine imposed by the Department shall be payable within 21 days after receipt of notice from the Department. The moneys so received may be deposited by the Department for use in defraying the expenses of the Department in the discharge of its administrative and regulatory duties under this subsection. The Vehicles for Hire business may file a written request for hearing with a special magistrate, established within the Office of General Counsel, within seven days of receipt of the notice to challenge the City's determination regarding compliance with this Section. The Department may, pursuant to the Florida Rules of Civil Procedure, seek injunctive relief against a vehicle for hire business that fails to comply with the requirements of this Chapter. The Department may adopt rules to implement the provisions of this Chapter.
(c)
Unless otherwise explicitly provided, this subsection does not extinguish any claim otherwise available under common law or any other statute.
(Ord. 2019-183-E, § 2)
Sec. 215.106. - Effective date of Chapter. Chapter 225 - VEHICLE REPAIR RECORDS RETENTION