§ 55.35. Administrative Enforcement—Vehicle Permit-Holder.

(1)

Grounds for Suspension of Vehicle Permit. Without limiting the generality of Section 55.33 above, the following shall constitute grounds for suspension of the Vehicle Permit:

(a)

Operation Without Public Display of Vehicle Permit. If a Vehicle Permit-holder operates, allows, leases or causes to be operated any Vehicle-for-Hire which has been issued a Vehicle Permit without said Vehicle Permit affixed to the Motor Vehicle.

(b)

Charging of Rates Inconsistent with Established Rates. If a Vehicle Permit-holder charges, receives, or obtains any fare from a passenger that is not strictly consistent with any rates and surcharges approved by the Vehicle-for-Hire Administrator.

(c)

Charging of Rates Inconsistent with Rates on File with the City. If a Vehicle Permit-holder charges, receives, or obtains any fare from a passenger that is not strictly consistent with any rates on file with the Vehicle-for-Hire Administrator.

(d)

Possession of Prohibited Electronic Devices. If a Vehicle Permit-holder gives, leases or borrows to the Driver or installs or equips in the interior of the Vehicle any electrical device such as radar detector/"fuzz buster," police, two-way or similar scanners, or two-way radio frequency monitors.

(e)

Failure to Possess Printed Schedules. If a Vehicle Permit-holder fails to have provided in the Vehicle-for-Hire a printed schedule of the current adopted rates and/or surcharges available at all times for inspection in all Vehicles-for-Hire, except Taxicabs.

(f)

Driver Trip Reports. If the Vehicle Permit-holder fails to keep and file the applicable Trip Reports as required pursuant to Section 55.18 above.

(g)

Tampering with Taxicab Meter. If any Vehicle Permit-holder tampers with or changes the adjustment of a meter.

(h)

Operation of Taxicab with Inaccurate Meters. If the Vehicle Permit-holder operates, leases or causes to operate a Taxicab with the knowledge that the meter does not accurately register the mileage and the rate as set by the Vehicle-for-Hire Administrator. Evidence of the breaking of an official meter seal of the Florida Department of Agriculture and Consumer Services shall constitute prima facie evidence that a meter does not accurately register the mileage and rate required by City ordinances.

(i)

Two-Way Radio Required. If the Vehicle Permit-holder fails to equip and maintain every Taxicab with an operational two-way radio or comparable communication devices such that office dispatchers may immediately and effectively notify drivers of requests for service, and such that drivers may immediately and effectively request assistance should assistance be needed.

(j)

Possession of Monitoring Devices. If the Vehicle Permit-holder has in its possession at its place of business, dispatch operation or in any building or vehicle under its control and possession any device used for the monitoring of a competitor's radio frequency.

(k)

Failure to Post Taxicab Rates. If the Taxicab Permit-holder fails to have permanently posted in a place with a view to the general public within the interior of each Taxicab Vehicle-for-Hire, the schedule of the current adopted rates, charges and/or surcharges adopted by the Vehicle-for-Hire Administrator.

(l)

Failure to Satisfy the Minimum Safety and Equipment Standards. If a Vehicle Permit-holder operates, leases, or causes to be operated a Vehicle-for-Hire that does not strictly comply with any of the Safety and Equipment Standards in Section 55.09.

(m)

Failure to Post Informational Sign. If the City Council adopts any rate or surcharge for the particular category of Vehicle-for-Hire and the Vehicle Permit-holder fails to post the informational sign or decal as required by Section 55.17(2)(c) above.

(n)

Operation under Non-Approved Trade Name, Color Scheme and Logo. If a Vehicle Permit-holder operates, leases, or causes to operate a Vehicle-for-Hire under a Trade Name, color scheme or logo not approved pursuant to Section 55.13 above.

(o)

Non-Compliance with Display and Advertisement Restrictions. If a Vehicle Permit-holder fails to strictly comply with the requirements in Sections 55.14 and 55.15 above.

(p)

Payment of "Turkey" Money. If a Vehicle Permit-holder pays any money or other gratuity including money, commonly referred to as "turkey money," to a hotel, motel, or restaurant, their agents or employees, or skycaps or bellmen, as consideration for diverting or attempting to divert a passenger or passengers from one category of Vehicle-for-Hire, transportation company, Vehicle Permit-holder or Drivers to its company or Drivers.

(q)

Receipt of "Turkey" Money. If a Vehicle Permit-holder receives or accepts any money or other gratuity including money, commonly referred to as "turkey money," from a hotel, motel, or restaurant, their agents or employees, or skycaps or bellmen, as consideration for diverting or attempting to divert a passenger or passengers from one hotel, motel, or restaurant to another hotel, motel, or restaurant.

(r)

Misleading Passengers. If a Vehicle Permit-holder intentionally or knowingly misleads, by any act or word, a passenger or potential passenger about:

(i)

the time or place of arrival or departure of a train, airplane, any Vehicle-for-Hire or bus;

(ii)

the location of any building or place, or the distance between two points;

(iii)

the cost or amount of the trip; or

(iv)

information on the cost, availability or quality of another Vehicle Permit-holder or Driver.

(s)

Operation of Permitted Vehicle-for-Hire for Non-Permitted Service. It shall be unlawful for any Vehicle Permit-holder or person to operate, or cause to be operated, a permitted Vehicle-for-Hire in a non-permitted category.

(t)

Dress Code. If a Vehicle Permit-holder fails to require and enforce the Driver Dress Code.

(u)

Possession of Top Lights, Signs, or Other Roof Devices. If a Vehicle Permit-holder provides, leases, gives, borrows or uses a Taxicab top light, sign, or other roof device in a non-Taxicab Vehicle-for-Hire in violation of Section 55.14.

(v)

Failure to Submit Current Automobile Liability Insurance Certificate. If a Vehicle Permit-holder fails to supply the Vehicle-for-Hire Section with a current automobile liability insurance certificate or binder in accordance with Section 55.12.

(w)

Unauthorized Solicitation. If a Vehicle Permit-holder engages in the unauthorized solicitation of passengers as pursuant to Section 55.31(9) above.

(x)

Display current Vehicle-for-Hire permit decal only.

(y)

Allowing Non Permitted Driver. If a company knowingly allows a Driver to operate as a vehicle for hire driver without having a valid Driver's Permit as required by this chapter.

(z)

Refusal of Service. If a Vehicle Permit-holder or Driver refuses service in violation of Section 55.31(2).

(2)

Suspension of Vehicle Permit.

(a)

Time Certain for Suspension. If the Vehicle-for-Hire Administrator chooses to suspend a Vehicle Permit, the Vehicle-for-Hire Administrator shall set a time certain for the period of suspension.

(b)

With regard to the violations listed in (1)(m) and (n) above, the Vehicle-for-Hire Administrator shall adopt at least a minimum suspension of seven (7) days for each vehicle found in violation. For any violation in (1)(o) above, the Vehicle-for-Hire Administrator shall levy a suspension of at least three (3) days and no greater than ten (10) days for:

(i)

five (5) percent or minimum of one permit, whichever is greater, of all permits issued to the Vehicle Permit-holder for the first violation;

(ii)

twenty-five (25) percent or a minimum of three permits, whichever is greater, of all permits issued to the Vehicle Permit-holder for the second violation within three-hundred and sixty-five (365) days; and

(iii)

fifty (50) percent or a minimum of six permits, whichever is greater, of all permits issued to the Vehicle Permit-holder for the third violation within three-hundred and sixty-five (365) days.

(c)

Suspension of Vehicle-for-Hire Service. During the period of suspension the Vehicle Permit-holder shall not operate, or cause to have operated or allow the operation of the vehicle(s) which is/are subject of the suspended Vehicle Permit(s).

(d)

Corrective Action by Vehicle Permit-Holder. The Vehicle Permit-holder shall correct the violation for which the suspension was ordered and submit proof of said correction to the Vehicle-for-Hire Administrator prior to the end of the suspension period.

(e)

Fee. The reinstatement fee for a suspended permit shall be $250 for safety related offenses, more particularly, subsections 1(i), 1(l), 1(r), 1(s), and 1(v) of this section and $500.00 for suspensions involving lapse in required insurance coverage. The reinstatement fee for all other offenses shall be fifty percent (50%) of the amount of a new permit.

(3)

Grounds for Revocation of Vehicle Permit. The following shall constitute grounds for revocation of the Vehicle Permit:

(a)

No Insurance. If the Vehicle Permit-holder fails to provide the insurance required in Section 55.12 whether by a lapse in coverage or coverage below the minimum amount.

(b)

Failure to Correct During Suspension. If, at the end of the suspension period, the violation or violations have not been corrected, or proof thereof has not been submitted to or accepted by the Vehicle-for-Hire Administrator, the Vehicle Permit will be automatically revoked.

(c)

Multiple Suspensions. If a Vehicle Permit is suspended three or more times in one 365 day period.

(d)

Operation of Suspended Vehicle Permit. If the Vehicle Permit-holder, its agent or employee operates or causes to be operated a vehicle which is the subject of a suspended Vehicle Permit as provided in Section 55.33(3) or Section 55.35(2).

(e)

Loss of M/WBE Certification Status. If, for any reason, an M/WBE permit-holder loses M/WBE certification status, the Vehicle Permit shall be automatically revoked. All revoked vehicle permits shall be distributed as provided in Section 55.25 herein.

(4)

Revocation of Vehicle Permit. If the Vehicle-for-Hire Administrator chooses to revoke a Vehicle Permit, the Vehicle Permit-holder shall scrape the Vehicle Permit decal from the vehicle and return it to the Vehicle-for-Hire Administrator within five (5) working days of the date of revocation. Any Vehicle Permit-holder whose permit or permits are revoked shall not be eligible to apply for any category of Vehicle Permits for six (6) months from the date of revocation. After six months, the former Vehicle Permit-holder shall be required to re-apply as a new applicant in order to obtain any Vehicle Permit issued herein. The former Vehicle Permit-holder shall be given no preference in the issuance of unused permits and shall pay the full permit fee for any Vehicle Permits he or she may obtain to replace the ones that were previously revoked.

(5)

Appeals—General. The decisions of the Board pursuant to Section 55.32 through 55.35, shall be final decisions, shall not be reviewed by the City Council by appeal in Section 55.04(6), and shall constitute the final agency action of the City of Orlando with respect to the decision. Any review of the decision shall be made by writ for petition for certiorari to the circuit court as provided by law.

(Ord. of 4-20-1998, Doc. #31157; Ord. of 1-11-2007, § 23, Doc. #0701111008; Ord. No. 2013-6, § 7, 2-4-2013, Doc. #1302041203; Ord. No. 2014-64, § 14, 12-15-2014, Doc. #1412151203)