This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0807c.LFS
DATE: 3/20/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 807 License or Permit to Operate Vehicle for Hire
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Borrero
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
12 Y, 1 N, As CS Larkin Anstead
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
12 Y, 4 N Burgess Darden
3) Commerce Committee
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.
Prohibits an airport from requiring a person to obtain an additional license from such airport when a
person holds a valid, active license or permit issued by another airport to operate a vehicle for-hire.
Defines airport in this section as a commercial service airport.
The bill provides an effective date of July 1, 2023.
The bill may have an insignificant fiscal impact on local governments.
STORAGE NAME: h0807c.LFS PAGE: 2
DATE: 3/20/2023
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
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.
3
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.
4
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.
5
The State imposes an 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: $17 flat plus
$1.50 per cwt to $3.50 flat plus $1.50 per cwt.
6
However, the state does not require special licenses for
drivers for vehicles for-hire.
Counties
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 the33e unincorporated areas of the
county.
7
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 constitution;
1
S. 320.01(15)(b), F.S.
2
S. 320.01(15)(a), F.S.
3
S. 324.032(1), F.S.
4
S. 324.031, F.S.
5
S. 627.748(17)(a), F.S.
6
S 320.08(6) and (14), F.S.
7
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. STORAGE NAME: h0807c.LFS PAGE: 3
DATE: 3/20/2023
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.
8
A municipality is allowed to impose reasonable regulatory fees, proportionate with the cost of the
regulatory activity.
9
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 vis-a-versa. Here are some examples of local requirements:
10
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.
11
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.
12
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, to pass a vehicle inspection, to pass a national
background check, and to obtain a vehicle permit and a driver permit. The application fee for the
Vehicle For-hire permit is $250 and each permit is $200.
13
Some cities and counties have made the decision to end their practice of specifically licensing vehicles
for-hire.
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.”
14
8
S. 166.021(3), F.S.
9
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).
10
Examples of other cities with vehicle for-hire requirements include: the City of Fort Lauderdale, and Town of Palm Beach. See
Vehicle For Hire, City of Fort Lauderdale, https://www.fortlauderdale.gov/government/departments-i-z/transportation-and-
mobility/vehicle-for-hire (last visited March 2, 2023); see also, The Town of Palm Beach requires taxicabs and limousines to obtain a
vehicle for hire permit. Vehicle for Hire Permits, Town of Palm Beach, https://www.townofpalmbeach.com/610/Taxi-Permits (last
visited March 2, 2023); see also, Palm Beach Ordinance Code 130-32 (“It is a requirement that all vehicles for hire are permitted in the
Town of Palm Beach”).
11
Miami-Dade County, Transportation and Public Work, For-Hire Transportation,
https://www.miamidade.gov/global/service.page?Mduid_service=ser1498077559199786 (last visited March 4, 2023.)
12
Hillsborough County Tax Collectors Office, https://www.hillstax.org/other-services/vehicle-for-hire/ordinance-information/ (Last visited
March 4, 2023).
13
Vehicle for Hire Permit Application, City of Orlando Police Department,
http://beta.orlando.gov/files/sharedassets/public/departments/ edv/permitting-services-division/bld/vfhren-
transferapplication.pdf (last visited March 2, 2023).
14
Naples Daily News, Greg Stanley, Collier tosses out regulations for cabs and ride-sharing, helping Uber and similar businesses,
https://archive.naplesnews.com/business/local/collier-tosses-out-regulations-for-cabs-and-ride-sharing-helping-uber-and-similar-
businesses-2319126-337701871.html/#:~:text=Collier%20County%20will%20no%20longer,for%2Dhire%20in%20Collier%20County.
(Last visited March 4, 2023.) STORAGE NAME: h0807c.LFS PAGE: 4
DATE: 3/20/2023
Special Districts
A special district is a unit of local government created for a special purpose, as opposed to a general
purpose, which has jurisdiction to operate within a limited geographic boundary and is created by
general law;
special act;
local ordinance; or
rule of the Governor and Cabinet.
15
A “dependent special district” is a special district meeting at least one of the following criteria:
The membership of the district’s governing body is identical to the governing body of a single
county or municipality;
All members of the district’s governing body are appointed by the governing body of a single
county or municipality;
Members of the district’s governing body are removable at will by the governing body of a single
county or municipality; or
The district’s budget is subject to approval by the governing body of a single county or
municipality.
16
An “independent special district” is any district that is not a dependent special district or one that
includes more than one county unless the district lies wholly within a single municipality.
17
Special
districts do not possess “home rule” powers. The county or municipality who created the special district
defines the powers of a special district.
18
Special districts vary on their ability to issue licenses or permits to operate a vehicle for hire. Due to the
fact that the county or municipality which created the special district defines its powers.
Preemption
19
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 set out in general law. Because counties have specific authority in general law to license and
regulate vehicles for-hire, HB 735 does not appear to affect a counties’ ability to license vehicles for-
hire. However, HB 735 may prevent municipalities from licensing and regulating vehicles for-hire after
July 1, 2023, because they do not have specific authority to regulate.
20
Commercial Service Airports
An airport is classified as a commercial service airport when the Secretary of U.S. Transportation
determines that it has more than 10,000 passenger boardings each year.
21
15
S. 189.012(6), F.S.
16
Section 189.012(2), F.S.
17
Section 189.012(3), F.S. Independent special districts are created by the Legislature, unless another mechanism is authorized by
general law. See, e.g. s. 190.005, F.S. (community development districts may be created by a county, municipality, or the Florida Land
and Water Adjudicatory Commission, depending on the size and location of the district).
18
“Administrative agencies, such as the airport authority, are creatures of statute and derive only the power specified therein.” Fla. Att'y
Gen. Op. 2012-24 (2012).
19
S.163.211, F.S.
20
See s. 163.211, F.S.; This may be preempted on July 1, 2023.
21
49 U.S.C.A. § 47102 (2018); see also, s. 332.0075 (1)(a), F.S. STORAGE NAME: h0807c.LFS PAGE: 5
DATE: 3/20/2023
In Florida, the Department of Transportation (DOT) is responsible for planning airport systems and
overseeing the public airport system.
22
The owner or lessee of a proposed public airport
23
must receive
DOT approval before site acquisition, construction, or establishment of a public airport facility.
24
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.
25
Current law authorizes local
governments to establish and operate airports.
26
Neither state law nor federal law establish
requirements for airport governance or ownership. As such, Florida airports operate under either a
government department model (where the airport operates as a department of the local government) or
an airport authority model (where the airport authority is created as either an independent or a
dependent special district). Because airports are generally governed and subsumed as part of local
governments, state law provides for very little oversight and accountability.
With respect to county owned or operated airports, the board of county commissioners has the right,
power, and authority to enter into contracts with one or more motor carriers for the transportation of
passengers for-hire between airports and points within such county.
27
These contracts define the period
of authorization to transport passengers.
28
The county is required to use the competitive bidding
process
29
to grant an exclusive right to use certain parking areas at the county owned airport for motor
carriers for the transportation of passengers such as a taxicab and limousine stand.
30
A county-owned
airport, which is located within the jurisdictional boundaries of a municipality, is under the county’s
exclusive authority and the municipality does not have authority over such airport.
31
Some airport authorities require vehicles for-hire to obtain a permit to operate from the local
government and the airport. For example, Orlando International Airport requires vehicles for hire to
have:
32
a valid, current driver’s license issued by the City of Orlando,
a vehicle permit (V-Permit) decal issued by the Orlando International Airport displayed on the
vehicle at all times, and
a vehicle for hire permit decal issued by the City of Orlando displayed on the vehicle at all times.
The Fort Lauderdale-Hollywood International Airport requires persons that operate a vehicle for hire to
first register with and obtain a permit from the Environmental and Consumer Protection Division of
Broward County. Then, persons with a permit to operate a vehicle for hire must apply for a decal permit
from the Broward County Aviation Department.
33
The Jacksonville International Airport has a similar
arrangement.
34
22
S. 332.001, F.S.
23
S. 330.27(6), F.S. For purposes of DOT approval and licensure, the term “public airport” means a publicly or privately-owned airport
for public use.
24
S. 330.30(1), F.S.
25
S. 330.30(2), F.S.
26
See ch.332, F.S.
27
This does not apply to counties who own or operate an airport which is located on land that is separated from the mainland of the
state by a body of water or the county has a population between 150,000 and 200,000. S. 331.15(2), F.S.
28
S. 331.15(2), F.S.
29
“Competitive bidding is a process of issuing a public bid with the intent that companies will put together their best proposal and
compete for a specific project.” “Competitive Bidding: What Is Competitive Bidding?, FindRFP Inc.
https://www.findrfp.com/Government-Contracting/competitive-bidding.aspx (last visited Feb. 28, 2023); A county is required to
use a competitive bidding procedure to lease county-owned property. See 1988 Op. Att'y Gen. Fla. 110 (1988).
30
Randall Indus., Inc. v. Lee Cnty., 307 So. 2d 499, 501 (Fla. 2d DCA 1975).
31
Fla. Att'y Gen. Op. 2009-46 (2009); s. 125.015, F.S.; see also City of Dania v. Hertz Corp., 518 So. 2d 1387, 1388 (Fla. 4th DCA
1988).
32
Greater Orlando Aviation Authority, Vehicle-For-Hire (VFH): V-Permit Holders and Drivers Handbook p. 5, Orlando International
Airport, https://orlandoairports.net/site/uploads/VFH-Handbook.pdf (last visited March 1, 2023).
33
Operational Guidelines for Ground Transportation at Fort Lauderdale-Hollywood International Airport, p. 5, Broward County Board of
County Commissioners (Aug. 17, 2021),
https://www.broward.org/Airport/Business/about/Documents/Operationalguidelinesforgroundtransportationservices01.pdf
(last visited March 2, 2023).
34
First a person must obtain a vehicle for hire permit issued from the City of Jacksonville. Then, the person must obtain an annual
permit from the Jacksonville Aviation Authority. Commercial Ground Transportation Policy p. 7, Jacksonville International Airport,
Jacksonville Aviation Authority, (Jan. 28, 2013), https://flyjacksonville.com/PDFs/AppndxG.pdf (last visited March 2, 2023). STORAGE NAME: h0807c.LFS PAGE: 6
DATE: 3/20/2023
On the other hand, some airport authorities issue a separate permit for vehicles for-hire for transporting
passengers at the airport. For example, the Orlando Sanford International Airport requires a vehicle for
hire to obtain a ground transportation prearranged permit which is issued by the airport.
35
This includes
a ground transportation agreement which excludes taxicabs.
36
License or Permit to Operate a Vehicle for-Hire- Effect of Bill
Counties and Municipalities
The bill provides an exception from certain local licensing requirements to a person who holds a valid,
active license or permit issued by a county or municipality to operate a vehicle for-hire. Such person
may operate a vehicle-for hire without being subject to additional licensing or permitting requirements
and without paying additional fees if the person:
Holds a valid, active license or permit to operate a vehicle for hire in the county or municipality
in which the person is domiciled
37
.
Has not had a license or permit to operate a vehicle for hire suspended or revoked within the
preceding 5 years.
A county may still license and regulate taxis, jitneys, limousines, rental cars, and other passenger
vehicles for-hire that operate in the unincorporated areas of the county. However, if the person is
already licensed or permitted by the area
38
where they live and have a license or permit in good
standing, the county will not be able to enforce additional licensing or permitting requirements or
impose additional fees upon that person.
As for municipalities, if a person is licensed or permitted by the area where they live and has a license
or permit in good standing, the municipality will not be able to enforce additional licensing or permitting
requirements or impose additional fees upon that person.
A person who is an unlicensed or does not fall within the exception may be able to obtain a license or
permit to operate a vehicle for hire in another county or municipality despite where he or she currently
lives.
Overall, the bill allows persons who possess a license or permit in one jurisdiction to operate a vehicle
for-hire in other jurisdictions without being subject to obtaining another license or permit.
Commercial Service Airports
The bill provides that a person who holds a valid, active license or permit issued by an airport to
operate a vehicle for-hire may operate a vehicle for hire at any other airport without being subject to
additional airport licensing or permitting requirements and without paying additional license or permit
fees. Airport includes an airport, airport authority, aviation authority, or other entity that operates a
commercial service airport.
The bill limits the airport’s ability to issue permits or licenses to operate a for-hire vehicle if another
airport has already issued a person a permit or license.
This potentially would affect county owned or operated airports.
39
The board of county commissioners
could still enter contracts with motor carriers for the transportation of passengers for hire between such
airport or airports and points within such county. However, persons who already obtained a permit or
35
The fees to obtain a permit to operate vehicle for hire depend on the weight and length of the vehicle.
36
2023 Ground Transportation Pre-Arranged Permit, Orlando Sanford International Airport, https://web1.osaa.net/GTX/docs/GT-
Permit-2023-for-Website.pdf (last visited March 1, 2023).
37
Domicile means someone’s permanent residence or principal home. Domicile Definition and Meaning, Merriam-Webster (last visited
March 1, 2023), https://www.merriam-webster.com/dictionary/domicile.
38
Municipality or county.
39
This would not apply to counties who own or operate an airport which is located on land that is separated from the mainland of the
state by a body of water or the county has a population between 150,000 and 200,000. STORAGE NAME: h0807c.LFS PAGE: 7
DATE: 3/20/2023
license to operate a vehicle for hire would not be required to enter into a contract with the board of
county commissioners to operate a vehicle for hire at the county owned or operated airport.
B. SECTION DIRECTORY:
Section 1. Creating s. 320.0603, F.S.; providing that a person who holds a license issued by a county,
municipality, or airport to operate a vehicle for hire may operate a vehicle for hire in any other county,
municipality, or airport without being subject to certain requirements or fees under certain
circumstances; defining the term "airport".
Section 2. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may potentially impact the revenues of municipalities who raise revenue from the licenses
that they issue if such fees are not in proportion to the regulatory activity. However, municipalities
are required to only impose regulatory fees that are proportionate to the cost of regulation in
accordance with section 166.221, F.S. Since municipalities will no longer be issuing as many
licenses or inspecting as many vehicles for hire, this loss of revenue should be offset by a decrease
in expenditures.
As for counties, the impact on revenues is indeterminate.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There may be a positive economic impact on the vehicles for-hire industry. There would be a positive
economic impact for persons who:
hold a valid, active license or permit to operate a for hire vehicle in the municipality or county
where they live and
maintain their license or permit to operate in good standing for the preceding 5 years.
Such persons will not be subject to additional licensing or permitting requirements or fees in other
municipalities, counties, or airports.
D. FISCAL COMMENTS:
None.
III. COMMENTS
STORAGE NAME: h0807c.LFS PAGE: 8
DATE: 3/20/2023
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 9, 2023, the Regulatory Reform & Economic Development Subcommittee adopted one amendment
and reported the bill favorably as a committee substitute. The committee substitute clarifies that the bill not
does grant specific authority to municipalities or special districts to regulate or license vehicles for hire as
required by s. 163.211, F.S.
This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
Development Subcommittee.