WHEREAS, Chapter 125 (County Government) of the Florida Statutes establishes the right and power of counties to provide for the health, welfare and safety of the existing and future residents by enacting such business regulations necessary for the protection of the public; and

WHEREAS, the Board of County Commissioners of Palm Beach County finds and declares that the public welfare and safety of the existing and future residents requires the regulation and control of motor vehicles engaged in the transportation of persons, within the streets of Palm Beach County, with the intent to receive compensation; and

WHEREAS, all motor vehicles engaged in the transportation of persons for compensation in the unincorporated area of Palm Beach County, as well as many municipalities, may not be subject to reasonable regulations necessary to protect those citizens and visitors utilizing their services; and

WHEREAS, Florida Statutes, Section 125.01(n) authorizes Palm Beach County to license and regulate taxicabs, jitneys, limousines for hire, and other passenger vehicles for hire that operate in the unincorporated areas of the County; and

WHEREAS, in 1992 Palm Beach County recognized that the public safety and welfare of its residents and visitors could be best served by regulating the transportation industry and adopted Chapter 19, Article IX of the Palm Beach County Code (Ord. 92-26); and

WHEREAS, it is now necessary to amend Chapter 19, Article IX(Ord. 99-12) of the Palm Beach County Code to address additional concerns regarding the transportation industry. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that:

(2) The provisions of this Ordinance shall be applicable to the incorporated and unincorporated areas of Palm Beach County. Unless otherwise provided, nothing in this Ordinance shall be construed to relieve any person from compliance with any applicable County or municipal regulations.

(1) Advertising. The term “advertising” shall mean any written statement made in connection with the solicitation by vehicle for hire business and includes without limitation, statements and representations made in a newspaper, “Yellow Pages” or other publication, or on radio or television or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter.

(2) Applicant. The term "applicant" shall mean any person who applies for a vehicle for hire business permit or driver's identification badge within Palm Beach County. In the case of partnerships, associations, corporations and other legal entities, "applicant" shall also mean any member of a partnership and the corporate officers and directors.

(3) Board. The term “board” shall mean the Palm Beach County Board of County Commissioners.

(4) Business Permit. The term “business permit” shall mean the authority required by the provisions of this Ordinance to be obtained by any individual or vehicle for hire company not subject to reciprocity, to engage in vehicle for hire business in Palm Beach County.

(5) Compensation. The term “compensation” shall mean a return in money, property, or anything of value for the rendition of vehicle for hire service.

(6) County Permit. The term “county permit” shall mean the grant by Palm Beach County to operate one (1) vehicle for hire not subject to reciprocity, upon the streets of Palm Beach County.

(7) Division or DCA. The term “division” or “DCA” shall mean the Palm Beach County Division of Consumer Affairs.

(8) Driver. The term "driver" shall mean the individual who is driving or physically operating the taxicab, jitney, limousine, shuttle or other passenger vehicle for hire.

(9)Executive Sedan. The term “executive sedan” shall mean a motor vehicle not equipped with a taximeter, with a seating capacity of up to five (5) passengers excluding the driver.

(10) Individual. The term “individual” includes a natural person, partnership, corporation, association, or any other legal entity.

(11)Jitney. The term “jitney” shall mean any non-metered vehicle for hire which may or may not operate at regular intervals over a designated route, and which fixed fares or rates may be charged for services.

(12) Limousine. The term “limousine” shall mean a chauffeur-driven, non- metered passenger vehicle for hire, including, but not limited to, modified-for-the-purpose luxury limousines or full-sized luxury sedans, providing seating accommodations for not more than sixteen (16) persons, including the driver, and whose rates are determined on an hourly, daily, weekly or monthly rental of the vehicle and the chauffeur, or a combination of rental and mileage charges, with a minimum rental period of one (1) hour.

(13) Para-Transit, Wheelchair and Stretcher Transportation Service. The term “Para-Transit, Wheelchair and Stretcher Transportation Service” shall mean the transportation of persons while on stretchers or wheelchairs, or persons whose handicap, illness, injury or other incapacitation makes it impractical to be transported by a regular common carrier such as a bus, taxicab, or other vehicle for hire.

(14) Prearranged. The term “prearranged” shall mean a written or telephone reservation made at least one hour in advance by the person requesting service at the place of business of the vehicle for hire permit holder for the provision of vehicle for hire service for a specified period of time.

(15) Reciprocity. The term “reciprocity” shall mean the recognition by Palm Beach County of certain municipal authorization to enable the operation of a vehicle for hire upon the streets of Palm Beach County, pursuant to this Ordinance.
(16) Short Term Vehicle Decal Plaque. The term “short term vehicle decal plaque” shall mean a plaque placed on the passenger side dashboard of a rented vehicle for hire.

(17) Taxicab. The term “taxicab” shall mean a chauffeur-driven, metered, passenger vehicle engaged in the general transportation of persons for hire, not operated on a fixed route, and the route or destination is controlled by the passengers therein.

(18) Vehicle Decal. The term "vehicle decal" shall mean a decal placed upon any vehicle for hire granted approval to provide vehicle for hire services by the Division.
(19) Vehicle for Hire. The term “vehicle for hire” shall mean any motorized, self-propelled vehicle engaged in the transportation of persons upon the streets of Palm Beach County with the intent to receive compensation for providing such transportation, and shall include, but not be limited to, invalid coach/handicapped transportation service, taxicabs, jitneys, shuttles, and limousines. The term shall not be construed to include ambulances or other pre-hospital service providers.

(20) Vehicle for Hire Company. The term “vehicle for hire company” shall mean any individual, partnership, association, corporation or other legal entity which holds permits for or contracts with one (1) or more vehicles for hire, provides vehicles or services to drivers of vehicles for hire, or which operates a central dispatch for one (1) or more vehicles for hire.

(21) Vehicle for Hire Driver’s Identification Badge (I.D. Badge). The term “vehicle for hire driver’s identification badge (I.D. Badge)” shall mean a permit authorizing the holder thereof to utilize the motor vehicle(s) described in said permit for the transportation of passengers as authorized pursuant to this Ordinance.

(a) Vehicles operated by a governmental agency;

(b) Vehicles tendering transportation services not for compensation;

(c) Vehicles owned and operated by hotels and motels which provide transportation services for their guests only, for which the guest does not incur a separate charge;

(d) Discharge within the regulatory purview of this Ordinance of a passenger picked up pursuant to legal authority in either a municipality or another county; (e) Operation of motor vehicles for the transportation of passengers, not for compensation, between the vicinity of their residences and the vicinity of their places of work, in an arrangement commonly known as a “car pool” or “van pool”.

(2) It shall be unlawful for any vehicle for hire company to allow any person to operate a vehicle for hire without first securing a vehicle for hire driver’s identification badge from the Division.

(2) With the exception of limousines and executive sedans, each vehicle for hire shall clearly display on the exterior of the driver and passenger side of the vehicle, letters at least 2" high and in contrasting colors, the vehicle for hire company’s name, telephone number and business permit number. The permit number shall be preceded by “PBC”.

(3) All taxicabs shall conspicuously advertise their meter rates on the exterior of the vehicle and the metered drop rate must match the advertised rate.

(4) Vehicle for hire drivers/chauffeurs meeting passengers at Palm Beach International Airport may utilize a sign for the purposes of identifying a passenger or group of passengers. The sign utilized shall identify the name of the passenger or group being met and may identify the name of the vehicle for hire company. In no event shall the name of the company be larger than one-inch (1") letters and in any event the name of the company shall be smaller than the name of the passenger/group.

(2) Out-of-County origin exception. Nothing in this Ordinance shall prohibit discharge within Palm Beach County of any passenger, lawfully picked up in another county and lawfully transported into Palm Beach County. Any passenger lawfully picked up in another county, transported to, and discharged at any location within Palm Beach County, may be picked up at the discharge location as long as the transportation is part of a prearranged, round-trip fare (evidenced by a written manifest or load ticket) and the county where the passenger is picked up has adopted a similar provision.

(3) A vehicle for hire from another county may pick up a passenger at either Palm Beach International Airport or the Port of Palm Beach and transport said passenger directly to the vehicle for hire’s county of origin as long as:

(a) The transportation is part of a prearranged, one-way continuous fare (evidenced by a written manifest or load ticket);

(b) The passenger arrived at either Palm Beach International Airport or the Port of Palm Beach;

(c) The vehicle for hire has complied with all of the regulatory requirements of Palm Beach County;

(d) The vehicle meets Palm Beach International Airport and the Port of Palm Beach vehicle for hire requirements;

(e) The vehicle has been issued an operating permit by the county of origin (if an operating permit exists). A copy of the manifest or load ticket shall be in the possession of the driver at all times and shall be made available to enforcement personnel upon request; and

(f) The county where the passenger is picked up has adopted a similar provision.

(a) Its legal and/or trade name;

(b) Its local or Florida business address;

(c) The number, make, model, year of manufacture and specific coloring scheme of each vehicle for hire for which a business permit is sought;

(d) The vehicle identification number and license tag number of each vehicle;

(e) The name and vehicle for hire driver’s identification badge number;

(f) Appropriate certificates, permits, licenses and other authorization issued by a municipality, if any; and

(g) Receipt by the division of a business permit fee in an amount set forth by resolution of the Board.

(2) Each vehicle for hire company shall employ only those drivers who have been issued a vehicle for hire driver’s identification badge by the Division.

(3) No person maintaining, owning or operating a vehicle for hire company shall suffer or permit any person or employee to drive a vehicle for hire unless such person has a valid vehicle for hire driver’s identification badge issued pursuant to this Ordinance.

(4) Failure to comply with the provisions of this Section may result in denial of a permit(s)/I.D. badge, revocation or suspension of the permit(s)/I.D. badge, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the Division herein.

(5) An individual or vehicle for hire company not exempt pursuant to Sections 4 and 6 shall make application to the Division for a vehicle decal for each vehicle for hire. Each vehicle for hire shall be issued a vehicle decal upon fulfilling all the following requirements:

(a) Verification of the information submitted pursuant to subsection (1) above;

(b) Certification evidencing compliance with the insurance requirements of Section 10 of this Ordinance;

(c) Receipt of appropriate documentation or a sworn statement that the vehicle(s) for which the vehicle decal is sought meets the minimum vehicle safety requirements of Section 8 of this Ordinance;

(d) Receipt of a sworn statement that the driver of the vehicle for which the vehicle decal is sought meets the minimum requirements of Section 11 of this Ordinance; and

(e) Receipt by the Division of a vehicle decal fee in an amount set forth by resolution of the Board.

(6) Each vehicle decal and business permit issued pursuant to this section shall be valid and effective for one (1) year, terminating on December 31 of each year. Failure to submit a business permit application and the required non-refundable fee for renewal by of October 1 of each year will result in the assessment of a non-refundable late fee. The late fee shall be established by a resolution of the Board. Upon submission of a new business application, the Division shall provide the business with a receipt which shall constitute a provisional business permit and shall be valid for no longer than thirty (30) calendar days or until the issuance or denial of the business permit, whichever comes first. Businesses which fail to submit a complete application within thirty (30) calendar days after the Division’s receipt of the application or renewal application, shall be denied a business permit. Within ten (10) business days of receipt of the Division’s notice of denial, such businesses may refile a complete and true application and pay a non-refundable refiling fee established by a resolution of the Board. Failure to refile an application within this ten (10) day period, will result in the business being required to submit a new application and paying the non-refundable business permit fee and vehicle decal fees. The DCA may deny or revoke a business permit if it is determined that the applicant has misrepresented, omitted or concealed a fact on the application, renewal application or replacement application. Said business permit shall not be issued or reinstated for a period of one year. No permit shall be valid for any vehicle for hire company under any other name or at any place other than that designated in the permit. A permit is not transferable or assignable, nor shall the ownership structure of the company be so modified as to constitute a change in the control or ownership of the permit. If the business changes its name or ownership structure, within forty-five (45) days, a new business permit application and all business permit fees shall be submitted to DCA. Upon issuance of a vehicle decal, such decal shall be affixed to the in the vehicle inside windshield, passenger side at all times. The vehicle decal remains the property of Palm Beach County and shall be used only under the authority of the Division.

(7) A vehicle decal may be renewed upon application to the Division evidencing continued compliance with the provisions of this Ordinance, and payment of a renewal fee in an amount set forth by resolution of the Board.

(8) If the short term use of a rental vehicle by a vehicle for hire company is necessary, a short term vehicle decal plaque issued upon application to the Division must be placed on the vehicle dashboard or inside windshield, passenger side. If a vehicle is rented for more than 30 days, it must be registered with the Division. A fee for a short term vehicle decal plaque shall be established by a resolution of the Board.

(9) No vehicle decal may be sold, assigned or otherwise transferred without approval of the Division. If a vehicle is destroyed or sold, the vehicle for hire company must remove said vehicle decal (if in existence) and surrender the remains to the Division. A fee for replacing decals shall be established by a resolution of the Board.

(10) Any change in the information submitted pursuant to subsections (1) or (5) above shall be provided to the Division within twenty (20) calendar days. Failure to provide such notice may result in the suspension or revocation of a vehicle decal.

(11) Compliance with the provisions of this Ordinance shall in no way relieve an individual or vehicle for hire company from compliance with all municipal, county, state and federal laws.

(12) Failure to comply with the provisions of this Section may result in denial of a permit(s)/I.D. badge, revocation or suspension of the permit(s)/I. D. badge, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the Division herein.

(13) All vehicles for hire business permits that are not renewed shall automatically expire upon the expiration date as stated on the permit and the company shall cease all vehicle for hire services immediately.

(14) Each vehicle for hire shall be required to conspicuously display in the passenger compartment a “Passengers’ and Driver’s Bill of Rights” supplied by the Division.

(2) Vehicle interiors must be clean, sanitary, and free of broken seats or torn or damaged upholstery, headliner or floor coverings.

(3) All doors must have operating handles which allow opening from both the inside and outside, and door hinges and latches must function properly.

(4) Seatbelts shall be in operating condition and easily accessible by all passengers.

(5) All vehicles for hire shall be equipped with a fully functioning heating and air conditioning system.

(6) All vehicles for hire shall be equipped with a light capable of illuminating the interior of the vehicle for hire, controlled by the operation of the doors or manually controlled by the driver.

(7) All vehicles shall have available and placed and secured in its proper position a child restraint seat when transporting passengers required to ride in a child restraint seat by Section 316.613, Florida Statutes as may be amended.

(8) Those vehicles and operations which are subject to the Americans with Disabilities Act (ADA) shall comply with the applicable provisions of said Act.

(9) The vehicle exterior must be free from cracks, breaks, and dents that could result in harm or injury to the passenger or his/her personal belongings.

(10) The vehicle must be equipped with safe tires. No recaps shall be used. Maximum allowable tread wear shall be where tread is level with the wear bar, or 2/32" when measured at three random places in the tire tread. The tires shall be inflated to manufacturer’s specifications and free of cuts, cracks, bulges or exposed belts.

(11) Wiper blades must be able to clean glass when wet and the rubber element shall not be torn, ripped or loose.

(12) Reflectors and lenses shall not be cracked or missing and must be the correct color and properly positioned.

(13) Low and high beam headlights shall be operable.

(14) Vehicle steering and suspension shall be functional.

(15) Failure to comply with the provisions of this Section may result in denial of a permit(s)/I. D. badge, revocation or suspension of the permit(s)/I. D. badge, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the Division herein.

(a) Each vehicle shall have, in addition to the rear-vision mirror required by Chapter 316, Florida Statutes, an inside rear-vision mirror which will enable the driver to view the entire compartment;

(b) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance(s) within the passenger compartment of the vehicle;

(c) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture;

(d) The passenger compartment shall provide a minimum of 55 inches of height, measured from the finished floor to the finished ceiling;

(e) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or rescue vehicle;

(f) Vehicles for hire which are intended to be used for or are used for the transport of individuals in wheelchairs shall be designed and equipped to meet minimum requirements as specified by the Florida Department of Transportation for wheelchair lift vehicles (Florida Administrative Code, Section 14-90).

(2) Vehicle Design - Stretcher Operations. Prior to transportation, a Para-Transit, Wheelchair and Stretcher Transportation Service provider shall be required to obtain from the passenger, who requires transportation by a stretcher, a written statement that the person does not need, nor is likely to need, immediate medical attention during transport. This statement must be attached to the corresponding trip manifest. Vehicles for hire which are intended to transport a passenger by stretcher shall be equipped as follows:

(a) Each vehicle shall have crash stable side or center mounting litter fasteners as a means of latching a stretcher to the vehicle. Litter fasteners shall secure the litter to the floor or sidewalls. Where a single passenger may be centered in the passenger area of the vehicle on a wheeled litter, additional attachments (cups and locks) shall be provided. Attachments shall be near flush with the surrounding surface when not in use;

(b) At least two (2) strap-type restraining devices shall be provided per stretcher, cot, or litter to prevent longitudinal or transverse dislodgment of the passenger during transit;

(c) Each vehicle shall have, in addition to the rear-vision mirror required by Chapter 316, Florida Statutes, an inside rear-vision mirror which will enable the driver to view the entire passenger compartment;

(d) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain individual passenger conveyance(s) within the passenger compartment of the vehicle. Striker plates will be used in conjunction with latching devices;

(e) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture;

(f) The passenger compartment shall provide a minimum of 55 inches of height, measured from the finished floor to the finished ceiling;

(g) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or rescue vehicle.

(3) Vehicle Design - Combination Wheelchair/Stretcher. Vehicles for hire which are intended to be used for, or are used for the transportation of persons on both a stretcher or wheelchair shall be subject to all provisions contained above in Section 9(1) and (2).

(4) Advertising. All advertising or other solicitation for business by such transportation services shall emphasize in a conspicuous manner that the service does not provide ambulance services or medical attention, and the service is designed solely to transport those persons whose physical condition or impairments render it impractical to use a regular common carrier or vehicle for hire service. All such transportation services advertising in the “Yellow Pages” of the telephone directory or elsewhere may only be listed under the heading of “Wheelchair and Invalid Transportation”. Use of “The Star of Life”, “The Staff of Caduceus”, the term “ambulance”, normal or abnormal EKG patterns, or any other symbol or sign normally associated with medical attention is prohibited in any and all advertising.

(5) Those vehicles and operations which are subject to the Americans with Disabilities Act (ADA) shall comply with the applicable provisions of said Act.

(6) Failure to comply with the provisions of this Section may result in denial of a permit(s)/I. D. badge, revocation or suspension of the permit(s)/I.D. badge, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the Division herein.

(a) Be at least eighteen (18) years of age;

(b) Possess a valid State of Florida Driver License as required by the Florida Department of Highway Safety and Motor Vehicles;

(c) Upon initial application or renewal, the driver must provide the original request form for his/her Florida Department of Law Enforcement (FDLE) criminal history/records report to the Division, as well as payment for the amount required to secure the criminal history/records report. The Division shall then be responsible for processing the request and payment to the FDLE.

(d) Have no conviction or plea of guilty or nolo contendere within the preceding 5 years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated;

(e) Have not more than one conviction or plea of guilty or nolo contendere within the preceding 10 years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated;

(f) Have no more than two (2) traffic citations resulting from accidents in the three (3) years preceding the date of the current permit year wherein the driver has been found guilty. The driver must provide the original form of his/her lifetime State of Florida Department of Highway Safety and Motor Vehicles traffic/driving record report to the Division which was secured no more than (thirty) 30 days before the application/renewal was submitted;

(g) Have no conviction or plea of guilty or nolo contendere for stalking; lewd, lascivious or indecent conduct; or a first degree misdemeanor in the three (3) years preceding the date of permit application;

(h) Have no conviction or plea of guilty or nolo contendere of any felony involving moral turpitude relating to sex; the use of a deadly weapon; homicide; violence against a law enforcement officer under Section 775.0823, Florida Statutes as may be amended; or is a habitual violent felony offender under Section 776.084, Florida Statutes as may be amended; or has a violent felony (including but not limited to robbery; kidnapping; aggravated child abuse; aggravated abuse of an elderly person or disabled adult; aggravated manslaughter of a child; unlawful throwing, placing or discharging of a destructive device or bomb; armed burglary; and aggravated battery). An exception to this paragraph shall be if the applicant’s civil rights have been restored;

(i) Every application or renewal application for a driver’s identification badge and application for amendment of a driver’s identification badge, shall be in writing, signed and sworn to by the applicant and shall be filed with the Palm Beach County Division of Consumer Affairs on a form provided by the Division together with the non-refundable driver’s identification badge fees which shall not be subject to proration. Each driver’s identification badge shall be valid for a two-year period and shall be renewed every other year on the applicant’s date of birth. The DCA may deny or revoke a vehicle for hire driver’s identification badge if it is determined that the applicant has misrepresented, omitted or concealed a fact on the application, renewal application or replacement application. If the identification badge is revoked or denied, the DCA shall not issue or reinstate said driver’s identification badge for a period of two (2) years. Any person renewing a driver’s identification badge must, by the birth date of the driver, file a renewal application, furnish the documentation requested by the Division and submit payment for the required non-refundable renewal fee(s). A driver shall be granted a thirty (30) day grace period following the expiration of the permit (birth date of the driver) to submit the required application, documentation and renewal fee(s) before a non-refundable late fee, over and above the driver’s renewal fee, is required. Each driver shall be allowed to make application to renew his/her I.D. badge for a period of up to ninety (90) days prior to expiration. Said fees shall be established by resolution of the Board;

(j) Shall submit to photographing prior to the issuance of the permit/I.D. badge by the Division;

(k) Complete the driver’s identification badge registration affidavits provided by the Division;

(l) Not possess a suspended or revoked driver’s license as a result of a moving violation or have any outstanding and unsatisfied civil penalties, citations or judgments imposed due to violations of this Ordinance;

(m) Not violate the terms of a cease and desist order, assurance of voluntary compliance, notice to correct a violation or any other lawful order of the director;

(n) Not be enjoined by a court of competent jurisdiction from engaging in the vehicle for hire business or was enjoined by a court of competent jurisdiction with respect to any of the requirements of this chapter;

(o) Have no conviction or plea of guilty or nolo contendere in any military or foreign jurisdiction, federal, state, county or municipal jurisdiction within the United States for violations analogous or parallel to those violations enumerated in subsections (d), (e), (f), (g) and (h) herein.

(2) The driver of a vehicle for hire shall conspicuously display on the driver’s person through the use of a neck lanyard, or above the waist on the outermost garment, the driver’s identification badge issued pursuant to this Ordinance so that it is visible and available for inspection to the public and all law enforcement officials while engaged and on duty for a vehicle for hire business.

(3) Each driver’s identification badge shall be on a form developed by the Division. Each driver’s identification badge shall, at a minimum, contain the name address of the driver, date of issuance, date of expiration, photo of the driver and such additional terms, conditions, provisions and limitations as were imposed during the approval process.

(4) The Director may issue a replacement identification badge to any driver upon application, payment of a non-refundable replacement fee, presentation of proof or a sworn affidavit that the identification badge has been lost, stolen or for any other valid reason, and any other documentation or requirement requested by the Division. The replacement fee shall be established by resolution of the Board.

(5) It shall be unlawful for any person to drive a vehicle for hire unless such person has a valid vehicle for hire driver’s identification badge issued pursuant to this Section.

(6) It shall be unlawful for any person to drive a vehicle for any vehicle for hire company which has not been granted a business permit pursuant to Section 7 of this Ordinance.

(7) It shall be unlawful for any applicant for a vehicle for hire driver’s identification badge to misrepresent, omit or conceal a fact on the application, renewal application or replacement application.

(8) It shall be unlawful for any vehicle for hire company to allow any person to drive a vehicle for hire without such person having been granted a vehicle for hire driver’s identification badge pursuant to this Section.

(9) Upon submission of the application, the Division shall provide the driver with a receipt which shall constitute a provisional permit/I. D. badge and shall be valid for no longer than forty-five (45) days or until the vehicle for hire driver’s identification badge is either issued or denied, whichever comes first. The driver shall be responsible for retaining the provisional permit/receipt and shall produce said document upon demand by the Division or appropriate law enforcement officer.

(10) Start-Up: Any person acting, on the effective date of this Ordinance as a driver of a vehicle for hire as defined under the terms of this Ordinance, shall be subject to this Ordinance. As of the effective date of this Ordinance all new drivers must submit an initial application and fees for a driver’s identification badge. Upon determining that the applicant meets the requirements set forth in this Ordinance, the DCA shall issue a two-year driver’s identification badge. Drivers, who have a driver’s identification badge valid for one year, shall not be required to secure a two year badge until the expiration of their current badge. All drivers whose badges expire on or subsequent to October 1, 2001, shall upon submission of a renewal application and fees be issued a two-year identification badge.

(11) Failure to comply with the provisions of this Section may result in denial of a permit(s)/I. D. badge, revocation or suspension of the permit(s)/I. D. badge, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the Division herein.

(2) Suspension of Permit/I. D. Badge. If, at the conclusion of the hearing, the Consumer Affairs Hearing Board /Special Master decides to suspend the individual, driver or vehicle for hire company’s permit(s)/I. D. badge, a time certain shall be set as the period of suspension. Prior to the end of such time certain, those violations for which the suspension was imposed shall be corrected; otherwise, the suspended permit(s)/I. D. badge will be automatically revoked. A fee of fifty percent (50%) of the new permit fee shall be collected to reinstate the suspended permit(s).

(3) Revocation of Permit/I. D Badge. If, at the conclusion of the hearing, the Consumer Affairs Hearing Board /Special Master decides to revoke a permit/I. D. badge, the individual, driver or vehicle for hire company shall remove and/or return the County permit/I. D. badge to the Division. An individual, driver or vehicle for hire company whose permit/I. D. badge has been revoked shall not be eligible to reapply as a new applicant for a period of six (6) months from the date of revocation.

(4) Administrative Appeal. Any individual, driver or vehicle for hire company which has been denied a County permit/I. D. badge by the Division, may appeal such decision to the Consumer Affairs Hearing Board/Special Master within twenty (20) days of receipt of the decision. A non-refundable filing fee must accompany the written request for appeal. The filing fee shall be established by resolution of the Board. The appeal shall be reviewed at a hearing of the Consumer Affairs Hearing Board/Special Master within sixty (60) days of receipt by the Division of the request for appeal. For purposes of appeal, the driver’s FDLE Criminal History/Records Reports and the State of Florida Department of Highway Safety and Motor Vehicles traffic/driving record report shall be deemed prima facie evidence and admitted into evidence before the Consumer Affairs Hearing Board/Special Master.

(5) Hearing Procedures. Notwithstanding Section 11 A of Palm Beach County Consumer Affairs Ordinance 77-10, the Consumer Affairs Hearing Board/Special Master shall give due regard to competent, reliable and technical evidence which will aid the Consumer Affairs Hearing Board/Special Master in making a fair determination of the matter, regardless of the existence of any common law or statutory rule which might otherwise make improper the admission of such evidence. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. The Consumer Affairs Hearing Board/Special Master may consider any evidence, including evidence of the general reputation of the petitioner. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or unduly repetitious evidence may be excluded but all the other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, (including hearsay) whether or not such evidence would be admissible in a trial in the courts of Florida. Orders of the Consumer Affairs Hearing Board/Special Master shall be based on competent and substantial evidence. The petitioner shall have the burden of proof by a preponderance of the evidence. (6) Orders. At the conclusion of any hearing set forth in subsections (2) - (4) above, the Consumer Affairs Hearing Board /Special Master shall orally render its decision (order) based on evidence entered into the record. The decision shall be by motion approved by the affirmative vote of those members present and voting. The decision shall be stated in a written order and mailed to the appellant not later than ten (10) days after the hearing, and shall be deemed final agency action with regard to the matter appealed.

(2) Any person who has committed an act in violation of this Ordinance shall receive a citation from the Division or any law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of this Ordinance.

(3) The county court shall have jurisdiction over all violations of this Ordinance.

(4) The county clerk shall:

(a) Accept designated fines and issue receipts therefore;

(b) Provide a uniform citation form serially numbered for notifying alleged violators to appear and answer to charges of violation of this Ordinance. Such citation forms shall be issued to and receipted by the Division.

(5) Violation of any provision of this Ordinance shall be punishable by a fine not to exceed Five Hundred dollars ($500.00). Any person who has violated any provision of this Ordinance shall be fined an amount as established by resolution of the Board.

(6) Any person issued a citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation.

(7) Payment shall be made, either by mail or in person, to the Violations Bureau within the time specified on the citation. If a person follows this procedure, s/he shall be deemed to have admitted the infraction and to have waived his/her right to a hearing on the issue of commission of the infraction.

(8) All fines collected as a result of said citations (except those fines collected as a result of citations issued by municipal law enforcement officers, which shall be remitted by the Clerk of the Court directly to the municipality issuing the citation) shall be paid into the County Treasury and deposited into the general fund for the Division and used for the vehicle for hire program. Pursuant to Florida Statutes 938.01, 938.17 and 938.19, mandatory costs shall be assessed against every person convicted of a violation of this Ordinance.

(9) Any person who fails to make payment within the specified period shall be deemed to have waived his/her right to pay the civil penalty as set forth in the citation.

(10) Any person who elects to appear before the court to contest the citation shall be deemed to have waived his/her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed Five Hundred dollars ($500.00) plus court costs.

(11) If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, s/he shall be deemed to have waived his/her right to contest the citation; and in such case, a default judgment may be entered and the judge shall impose a fine at that time. An order to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty.

(12) Any person cited for an infraction under this Ordinance shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statute 775.082 or 775.083.

(13) The Division may require mandatory court appearances for violations resulting in the issuance of a third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory court appearance. The Division shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.

(14) Failure to comply with the requirements of this Ordinance shall constitute a violation of a County Ordinance, and shall be punishable, upon conviction, pursuant to Section 125.69(1), Florida Statutes, by a fine not to exceed Five Hundred dollars ($500.00) per violation or imprisonment not exceeding sixty (60) days, or both such fine and imprisonment. Each permit/I. D. badge not in compliance and each day in which a violation of this Ordinance exists shall constitute a separate offense. In addition to the sanctions contained herein, the County shall take any other appropriate legal action, including, but not limited to, administrative action and requests for temporary and permanent injunctions to enforce the provisions of this Ordinance. It is the purpose of this Ordinance to provide additional cumulative remedies.

(2) Failure to comply with the provisions of this Section may result in denial of a permit(s)/I. D. badge, revocation or suspension of the permit(s)/I. D. badge, a denial of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the Division herein.

APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County