HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 377 License or Permit to Operate a Vehicle for Hire
SPONSOR(S): Borrero
TIED BILLS: IDEN./SIM. BILLS: SB 648
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 13 Y, 0 N Larkin Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special 15 Y, 0 N Burgess Darden
Districts Subcommittee
3) Commerce Committee 18 Y, 0 N Larkin Hamon
SUMMARY ANALYSIS
Motor vehicles used for transporting persons or goods for compensation are called “vehicles for-hire” or
“transportation for-hire.” The transport of goods and other personal property in a motor vehicle by a corporation
or association for its stockholders, shareholders, and members, cooperative or otherwise, is also considered
transportation “for hire.”
Some counties and municipalities require persons to obtain a permit or license to operate a vehicle for-hire
within its jurisdiction. Counties are authorized by general law to license and regulate taxis, jitneys, limousines,
rental cars, and other passenger vehicles for-hire that operate in the unincorporated areas of the county. Some
municipalities currently license and regulate vehicles for-hire under their broad general powers because they
are not currently prohibited from doing so in general law. Similarly, county airports and airport authorities are
not restricted from licensing and regulating vehicles for-hire.
The bill:
Prohibits a county or municipality from requiring a person to obtain an additional license from such
county or municipality when that person holds a valid, active license or permit to operate a vehicle for-
hire in any other county or municipality if the person:
o Holds a valid, active license or permit to operate a vehicle for-hire in the county or municipality
in which the person permanently resides.
o Has not had a license or permit to operate a vehicle for hire suspended or revoked within the
preceding 5 years.
Provides that public-use airports are exempted from the provisions of the bill.
Provides that certain persons who hold a valid, active license or permit to operate a vehicle-for-hire are
exempted from the provisions of the bill when such person provides transportation of persons:
o While on stretchers or wheelchairs, or
o Whose handicap, illness, other incapacitation makes it impractical to be transported by a regular
common carrier such as a bus, taxi, non-taxi, limousine, or other vehicle-for-hire.
The bill provides an effective date of July 1, 2024.
The bill may have an insignificant indeterminate fiscal impact on local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/8/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
License or Permit to Operate a Vehicle for-Hire- Current Situation
Background
With certain exceptions 1, offering for lease or rent any motor vehicle or offering passengers
transportation in exchange for compensation in the State of Florida qualifies the vehicle as a “for-hire
vehicle.” A “for-hire vehicle” is a motor vehicle used for transporting persons or goods for
compensation. When goods or passengers are transported for compensation in a motor vehicle outside
a municipal corporation of this state, or when goods are transported for compensation in a motor
vehicle not owned by the person owning the goods, such transportation is considered “for-hire.” In
addition, the carriage of goods and other personal property in a motor vehicle by a corporation or
association for its stockholders, shareholders, and members, cooperative or otherwise, is transportation
“for-hire.”2 Moreover, there are companies that provide for-hire medical transportation of individuals
while they are on stretchers or wheelchairs, or are handicap, have an illness, injury, or other
incapacitation.3 This kind of medical transportation is included in the definition of a “for-hire vehicle”
because the vehicle is transporting passengers for compensation. Some local governments require a
nonemergency and emergency medical transportation service provider to apply for a license or
certificate.4
Florida law establishes specific financial responsibility requirements applicable to for-hire vehicles. For-
hire vehicles, such as taxis and limousines, must maintain a motor vehicle liability policy with minimum
limits of $125,000 per person for bodily injury, $250,000 per incident for bodily injury, and $50,000 for
property damage.5 The owner or operator of a for-hire vehicle may also prove financial responsibility by
providing satisfactory evidence of holding a motor vehicle liability policy issued by an insurance carrier,
which is a member of the Florida Insurance Guaranty Association, or by providing a certificate of self-
insurance.6
Vehicles for-hire are not the same as transportation network companies or TNC’s, like Uber or Lyft. The
regulation and licensing of TNC’s are expressly preempted to the state and are regulated by the
Department of Financial Services.7
The State imposes annual license taxes on certain types of motor vehicles for-hire upon registration or
renewal, including locally operated motor vehicles for-hire. These taxes range from a $17 flat fee plus
$1.50 per cwt8 to a $3.50 flat fee plus $1.50 per cwt.9 However, the state does not require special
licenses for drivers for vehicles for-hire.
Counties
1 S. 320.01(15)(b), F.S.
2 S. 320.01(15)(a), F.S.
3 A couple examples of medical transportation: Explore ab out Nonmedical Transport Services, Frang Zeal, July 22, 2022,
https://frangzeal.com/faq-s/ (last visited Jan. 12, 2024) and Trans Mob ility Private Hire Service, Trans Mobility Private Hire Service,
https://www.transmobilityfl.com/ (last visited Jan. 12, 2024).
4 For example, Broward County requires nonemergency medical transportation service providers to obtai n a license and requires
emergency medical transport or non-transport services such as Advanced Life Services and Basic Life Services to obtain a certificate of
public convenience and necessity from the Broward County Board of Commissioners. See, Requirements for a Nonemergency Medical
Transportation Service License,
https://www.broward.org/Consumer/Forms/Documents/NonemergencyMedicalTransportServLic_CPD2023.pdf (last visited Jan. 12,
2024); See also, Broward County Ordinance Code Sec. 3½-6.
5 S. 324.032(1), F.S.
6 S. 324.031, F.S.
7 S. 627.748(17)(a), F.S.
8 “Cwt” means the weight per hundred pounds, or major fraction thereof, of a motor vehicle. S. 320.01(8), F.S.
9 S 320.08(6) and (14), F.S.
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Counties are specifically authorized by general law to license and regulate taxis, jitneys, limousines,
rental cars, and other passenger vehicles for-hire that operate in the unincorporated areas of the
county.10 The county may impose licensing fees in order to license these vehicles for-hire.
Municipalities
Municipalities have broad home rule powers, authorizing them to enact legislation concerning any
subject matter upon which the Legislature may act, except:
The subjects of annexation, merger, and exercise of extraterritorial power, which require general
or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
Any subject expressly prohibited by the State Constitution;
Any subject expressly preempted to state or county government by the constitution or by
general law; or
Any subject preempted to a county pursuant to a county charter adopted under the authority of
ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.11
A municipality is allowed to impose reasonable regulatory fees, proportionate to the cost of the
regulatory activity.12
Currently, counties and municipalities differ on whether they require vehicles for-hire to be licensed and
regulated. Some counties require licensure and some do not. Some cities require licensure for vehicles
for-hire within the city and also at the airport, while others only require the license for the city but not the
airport and vice versa. Here are some examples of local requirements:13
Miami-Dade County’s Passenger Transportation Regulatory Division regulates for-hire
chauffeurs and vehicles such as taxicabs, limousines, passenger motor carriers, including
jitneys and tour vans. The county charges $70 for an initial inspection fee;, quarterly, semi-
annual and annual inspection fees of $38, depending on the type of service; $35 for re-
inspection; and $20 for a replacement decal. The for-hire application fees are non-refundable
and are separate from the annual license fee, inspection fees and Local Business Tax
Receipt.14
Hillsborough County requires any person engaged in the business of operating vehicles for-hire
in the county to obtain a “public vehicle driver’s license” (PVDL) from the Hillsborough County
Tax Collector, in addition to a valid certificate for the operator and a valid permit for the vehicle
after passing a safety and mechanical inspection. Vehicles 10 years of age or older must have
additional inspections.15 A PVDL initial application and renewal fee is $65 and requires
fingerprinting.
The City of Orlando’s police department has a vehicle for-hire unit that requires applicants to
show proof of payment of the business tax, pass a vehicle inspection, pass a national
background check, and obtain a vehicle permit and a driver permit. The application fee for the
vehicle for-hire permit is $250 and each permit is $200.16
Some cities and counties have made the decision to end their practice of specifically licensing vehicles
for-hire.
10 S. 125.01(1)(n), F.S.; an incorporated area of the county means that the area is not located within the boundaries of an incorporated
municipality.
11 S. 166.021(3), F.S.
12 S. 166.221, F.S; see also s. 205.042, F.S. (municipalities may levy, by appropriate resolution or ordinance, business tax for the
privilege of engaging in or managing any business, profession, or occupation within its jurisdiction).
13 Examples of other cities with vehicle for-hire requirements include: The City of Fort Lauderdale. See Vehicle For Hire, City of Fort
Lauderdale, https://www.fortlauderdale.gov/government/departments-i-z/transportation-and-mobility/vehicle-for-hire (last visited Jan. 12,
2024).
14 Miami-Dade County, Transportation and Public Work, For-Hire Transportation,
https://www.miamidade.gov/global/service.page?Mduid_service=ser1498077559199786 (last visited Jan. 12, 2024)
15 Hillsborough County Tax Collectors Office, https://www.hillstax.org/other-services/vehicle-for-hire/ordinance-information/ (Last visited
Jan. 12, 2024).
16 Vehicle for Hire Permit Application, City of Orlando Police Department, https://www.orlando.gov/Public-Safety/OPD/Start-a-
Transportation-Company (last visited Jan. 12, 2024).
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For example, Sarasota, Naples and Collier County made the decision in 2015 to stop licensing
vehicles for-hire. “The decision will deregulate the industry once the county's ordinance is
officially taken off the books in the coming weeks. Taxi companies will no longer have to buy
commercial insurance and their drivers won't have to pass criminal background checks. Collier
County will no longer issue licenses to taxi or limo companies. Essentially, anyone with a
driver's license will be able to operate a car-for-hire in Collier County.”17
Special Districts
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.18 Special districts are created by general law, special act,
local ordinance, or rule of the Governor and Cabinet.19 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.20 Special districts are funded through the imposition of ad valorem taxes, fees,
or charges on the users of those services as authorized by law.21
Special districts may be classified as dependent or independent based on their relationship with local
general-purpose governments. A special district is classified as “dependent” if the governing body of a
single county or municipality:
Serves as governing body of the district;
Appoints the governing body of the district;
May remove members of the district’s governing body at-will during their unexpired terms; or
Approves or can veto the budget of the district.22
A district is classified as “independent” if it does not meet any of the above criteria or is located in more
than one county, unless the district lies entirely within the boundaries of a single municipality. 23
Preemption24
Generally, local governments are preempted from issuing occupational licenses that are not specifically
authorized in general law. Local governments include counties, municipalities, and special districts.
In 2021, the Governor signed HB 735, Preemption of Local Occupational Licensing, which preempts
occupational licensing to the state unless the local government has specific authority to license and
regulate as set out in general law. In 2023, the Governor signed HB 1383, which extended the
expiration date for local licensing without general law authority to July 1, 2024. Because counties have
specific authority in general law to license and regulate vehicles for-hire, HB 735 does not appear to
affect a county’s ability to license vehicles for-hire. However, this preemption may prevent
municipalities from licensing and regulating vehicles for-hire after July 1, 2024, because they do not
have specific authority to do so.25
17 Naples Daily News, Greg Stanley, Collier tosses out regulations for cab s and ride-sharing, helping Ub er and similar b usinesses,
https://archive.naplesnews.com/business/local/collier-tosses-out-regulations-for-cabs-and-ride-sharing-helping-uber-and-similar-
businesses-2319126-337701871.html/ (last visited Jan. 12, 2024).
18 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
19
See ss. 189.02(1), 189.031(3), and 190.005(1), F.S. See generally s. 189.012(6), F.S.
20 Local Administration, Federal Affairs & Special Districts Subcommittee, The Local Government Formation Manual, 62, available at
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited January 18, 2024).
21 The method of financing a district must be stated in its charter. Ss. 189.02(4)(g) and 189.031(3), F.S. Independent special districts
may be authorized to impose ad valorem taxes as well as non -ad valorem special assessments in the special acts comprising their
charters. See, e.g., ch. 2023-335, s. 6 of s. 1, Laws of Fla. (East River Ranch Stewardship District). See also, e.g., ss. 190.021
(community development districts), 191.009 (independent fire control districts), 197.3631 (non -ad valorem assessments), 298.305
(water control districts), and 388.221, F.S. (mosquito control), and ch. 2004-397, s. 27 of s. 3, Laws of Fla. (South Broward Hospital
District).
22 S. 189.012(2), F.S.
23 S. 189.012(3), F.S.
24 S.163.211, F.S.
25 See s. 163.211, F.S.; This may be preempted on July 1, 2024.
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Public Use Airports
A “public-use airport” means any publicly owned airport which is used or to be used for public
purposes.26 An airport is classified as a commercial service airport when the U.S. Secretary of
Transportation determines that it has more than 10,000 passenger boardings each year. 27
In Florida, the Department of Transportation (DOT) is responsible for planning airport systems and
overseeing the public airport system.28 The owner or lessee of a proposed public airport29 must receive
DOT approval before site acquisition, construction, or establishment of a public airport facility. 30 DOT is
also responsible for licensing public airport facilities prior to the operation of aircraft to or from the
facility and must inspect such facilities prior to licensing or renewal. 31 Current law authorizes local
governments to establish and operate airports.32 Neither state law nor federal law establish
requirements for airport governance or ownership. As such, Florida airports operate under either a