§ 55.29. Application and Review for Driver Permit.

(1)

Any person being eighteen (18) years of age or older may make application to the Vehicle-for-Hire Administrator or Administrator's designee for a Driver Permit. The written application shall include the following items:

(a)

Applicant's name, date of birth, sex, race or national origin, and any aliases or former legal names used during the preceding five-year period;

(b)

Applicant's home address and mailing address;

(c)

Applicant's home phone number and existing work phone number;

(d)

Proof that the applicant holds a valid Florida Driver's License;

(e)

The names, addresses, and phone numbers of the applicant's existing employer;

(f)

A sworn affidavit by the applicant which states that the applicant has not been convicted, within the past five (5) years, nor have any charges pending against him or her for any of the following crimes:

(i)

driving under the influence of drugs or alcohol,

(ii)

reckless driving,

(iii)

any crime which is designated as a felony,

(iv)

any crime involving the sale or possession of a controlled substances as defined by Florida Statutes § 893.03, or any crime involving drug paraphernalia as defined by [F.S.] § 93.145,

(v)

the Florida RICO Act,

(vi)

exposure of the sexual organs and any crime defined under Florida Statutes ch. 800, or

(vii)

any crime defined as Prostitution under Florida Statutes ch. 796, or under Chapter 43 of the Code of the City of Orlando including, but not limited to, assignation or solicitation for prostitution;

(i)

The name, address and phone number of the Vehicle Permit-holder for which the applicant is working or intends to work;

(j)

Such other information as the City may require of all applicants, including, but not limited to, an FDLE and NCIC inquiry;

(k)

Payment of an application fee, established by the City.

(2)

Completeness Review. Upon receipt of an application and evidence of the payment of the application fee, the Vehicle-for-Hire Administrator or the Administrator's designee shall review the application to ensure that the application is complete and all information requested has been provided. The Vehicle-for-Hire Administrator or the Administrator's designee shall determine whether the applicant understands and is reasonably conversant in the English language for the demands of a Driver and the requirements of this Chapter. Any such method shall receive the prior approval of the City.

(3)

Final Review. If the application is deemed complete by the Vehicle-for-Hire Administrator or the Administrator's designee and the applicant successfully shows that he/she is reasonably conversant in the English language, then the application and the affidavits shall be verified for accuracy by the Vehicle-for-Hire Administrator or the Administrator's designee.

(4)

Issuance of a Permit. A Driver's Permit shall not be issued if:

(a)

within the last five (5) years immediately preceding application, the applicant has been convicted of, or has pending charges for, any of the following:

(i)

Driving under the influence of drugs or alcohol,

(ii)

Reckless driving,

(iii)

any crime which is designated as a felony,

(iv)

any crime involving the sale or possession of controlled substances as defined by Florida Statutes § 893.03, or any crime involving drug paraphernalia as defined by § 893.145, Florida Statutes,

(v)

the Florida RICO Act,

(vi)

exposure of the sexual organs and any crime defined under Florida Statutes ch. 800,

(vii)

"Prostitution" as defined in Florida Statutes ch. 796, or under Chapter 43 of the Code of the City of Orlando pertaining to prostitution or assignation or loitering for prostitution or

(b)

the applicant has an outstanding debt owed to:

(i)

the City of Orlando, or

(ii)

the Orange County Clerk of Courts for violations of Chapter 55, Orlando City Code.

(c)

the applicant is a match in the National Sex Offender Registry database.

(5)

Appeal of Denial of Permit.

(a)

Burden, Evidentiary Requirement and Standard. In addition to the requirements in Section 55.03(4) above, on appeal of the denial of a Driver's Permit, the applicant shall have the burden of proof to show by substantial competent evidence that the applicant has been reformed, rehabilitated, and without any reasonable doubt, does not pose a safety risk to members of the traveling public. Substantial competent evidence shall not include testimony of the applicant without verification by independent sources such as employment records, parole records, evidence of completion of drug and/or alcohol rehabilitation and testimony of third parties. Ten days prior to the hearing, the applicant shall provide a list of the evidence and witnesses to the Vehicle-for-Hire Administrator. Failure to list the evidence or witnesses shall bar the submission of the unlisted evidence or witnesses to the Board.

(b)

Board Decision. The Board shall conduct a de novo review using the standard in paragraph (a) above and shall list specific findings for its decision. After review, the Board shall affirm the decision or overturn the decision of the Vehicle-for-Hire Administrator. Re-application may be made after 90 days for a permit which has been denied by the Vehicle-for-Hire Administrator and the Board.

(Ord. of 4-20-1998, Doc. #31157; Ord. of 1-11-2007, § 17, Doc. #0701111008; Ord. No. 2013-6, § 6, 2-4-2013, Doc. #1302041203; Ord. No. 2014-64, § 10, 12-15-2014, Doc. #1412151203)