§ 14-142. Driver requirements; failure to comply.

(a)

It shall be unlawful for any person to operate any vehicle for hire within and upon the streets of the city without having first obtained a city vehicle for hire driver's identification badge. This section shall not apply to drivers of para-transit, wheelchair and stretcher transportation units who are certified emergency medical technicians or paramedics as defined by F.S. § 401.23. All applicants for a vehicle for hire driver's identification badge shall conform to the following:

(1)

Be at least eighteen (18) years of age;

(2)

Possess a valid state driver license as required by the state department of highway safety and motor vehicles;

(3)

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 department, as well as payment for the amount required to secure the criminal history/records report. The department shall then be responsible for processing the request.

(4)

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

(5)

Have not more than one (1) conviction or plea of guilty or nolo contendere within the preceding ten (10) years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated;

(6)

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 department of highway safety and motor vehicles traffic/driving record report to the department which was secured no more than thirty (30) days before the application/renewal was submitted;

(7)

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;

(8)

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 F.S. § 775.0823, as may be amended; or is a habitual violent felony offender under F.S. § 776.084, 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;

(9)

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 department on a form provided by the department 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 department 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 department 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 department and submit payment for the required non-refundable renewal fee(s). A driver shall be granted a 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 city ordinance;

(10)

Shall submit to photographing prior to the issuance of the permit/I.D. badge by the department;

(11)

Complete the driver's identification badge registration affidavits provided by the department;

(12)

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 division;

(13)

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;

(14)

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;

(15)

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 (4), (5), (6), (7) and (8) herein.

(b)

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 division 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.

(c)

Each driver's identification badge shall be on a form developed by the department. 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.

(d)

The department 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 department. The replacement fee shall be established by city ordinance.

(e)

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.

(f)

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 14-137 of this division.

(g)

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.

(h)

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.

(i)

Upon submission of the application, the department 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.

(j)

Start-up: Any person acting, on the effective date of this division as a driver of a vehicle for hire as defined under the terms of this division, shall be subject to this division. As of the effective date of this division 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 division, the department shall issue a two-year driver's identification badge.

(k)

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 department herein.

(Ord. No. 2005-28, § 1, 9-6-05)