Post by TaxiJen

A Declaratory Judgement that vehicles semantically labeled as (including but not limited to) taxis, rental cars, car shares (peer to peer or otherwise), limousines, luxury vehicles, sedans, non emergency medical transportation (NEMT), wheelchair access vehicles (WAV), TNC vehicles, rideshares, delivery vehicles used to _____ part time and/or full time are for hire vehicles per 324.031, 324.032, 320.01(15), and 125.01(n).
INFORMATION AND BELIEF:
125.01(n) provides in pertinent part:
(n) License and regulate taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire that operate in the unincorporated areas of the county; except that any constitutional charter county as defined in s. 125.011(1) shall on July 1, 1988, have been authorized to have issued a number of permits to operate taxis which is no less than the ratio of one permit for each 1,000 residents of said county, and any such new permits issued after June 4, 1988, shall be issued by lottery among individuals with such experience as a taxi driver as the county may determine.

320.01(15)(a) provides in pertinent part:

(15)(a) “For-hire vehicle” means any motor vehicle, when used for transporting persons or goods for compensation; let or rented to another for consideration; offered for rent or hire as a means of transportation for compensation; advertised in a newspaper or generally held out as being for rent or hire; used in connection with a travel bureau; or offered or used to provide transportation for persons solicited through personal contact or advertised on a “share-expense” basis. When goods or passengers are transported for compensation in a motor vehicle outside a municipal corporation of this state, or when goods are transported in a motor vehicle not owned by the person owning the goods, such transportation is “for hire.” 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.”

Further, the State of Florida’s Department of Revenue clearly states rental cars and car shares are for hire vehicles https://floridarevenue.com/taxes/taxesfees/Pages/solid_waste.aspx#:~:text=A%20surcharge%20of%20%242.00%20per,the%20motor%20vehicle%20rental%20company :

Lead-Acid Battery Fee, New Tire Fee, and Rental Car Surcharge
Businesses pay and report the following fees or surcharges on the Solid Waste and Surcharge Return (Form DR-15SW PDF Icon).

Lead-Acid Battery Fee
New Tire Fee
Rental Car Surcharge
The Gross Receipts Tax on Dry-Cleaning Facilities is also paid and reported on Form DR-15SW.

Rental Car Surcharge
In Florida, a rental car surcharge is imposed on:

the lease or rental of a for-hire passenger motor vehicle through a motor vehicle rental company.

the use of a for-hire passenger motor by a member of a car-sharing service.
each peer-to-peer car sharing program agreement involving a shared vehicle.
Motor Vehicle Rental Company
A surcharge of $2.00 per day or any part of a day applies to the lease or rental of a for-hire passenger motor vehicle from a motor vehicle rental company. The surcharge applies to only the first 30 days of the term of a lease or rental and must be collected by the motor vehicle rental company.

A motor vehicle rental company means an entity that is in the business of providing, for financial consideration, motor vehicles to the public under a rental agreement.

A for-hire passenger motor vehicle means a motor vehicle designed to carry fewer than nine passengers and is leased or rented for financial consideration without the transfer or title, regardless of whether the motor vehicle is licensed in Florida.

Car-Sharing Service Agreements

A surcharge of $1.00 applies to the use of a for-hire passenger motor vehicle by a member of a car-sharing service if the usage period is less than 24 hours. When the usage period is 24 hours or more, a surcharge of $2.00 per day or any part of a day applies.

A car-sharing service is a membership-based organization, business, or division that requires the payment of an application or membership fee and provides member access to motor vehicles owned or controlled by the car-sharing service or its affiliates:

On an hourly basis, or for shorter periods, 24 hours per day, 7 days per week;
Only at locations that are not staffed by car-sharing service personnel employed solely for interacting with car-sharing service members;
Only through automated means (e.g., smartphone applications or electronic membership cards); and
Without a separate fee for refueling or for minimum financial responsibility liability insurance.

Peer-to-Peer Car Sharing Programs

A surcharge of $1.00 per day or any part of a day applies to each peer-to-peer car sharing program agreement involving a shared vehicle.

A peer-to-peer car-sharing program is a business platform that enables peer-to-peer car sharing by connecting motor vehicle owners with drivers for financial consideration.

A shared vehicle is a vehicle registered in Florida, designed to carry fewer than nine passengers, and offered for use for a consideration through a car-sharing program.

Reporting the Surcharge by County (DR-15SWS Schedule)

The rental car surcharge is required to be reported according to the county to which the surcharge is attributed. Except for peer-to-peer car-sharing, this means the location where the vehicle is picked up by the customer. For peer-to-peer car-sharing, the surcharge shall be attributable to the county corresponding to the location of the motor vehicle at the car-sharing start time.

Dealers who electronically file their Solid Waste and Surcharge Return (Form DR-15SW) must also complete the DR-15SWS schedule electronically.

Reference: Section 212.0606, Florida Statutes

https://drive.google.com/file/d/174wmWQj4lnvNOqEWRu3xvPAIE8bh0Ou_/view?usp=drivesdk :

627.748 Transportation network companies.—
(1)(g) and (h) DEFINITIONS.—As used in this section, the term provides in pertinent part:

g) “Transportation network company driver” or “TNC driver” means an individual who:
1. Receives connections to potential riders and related services from a transportation network company; and
2. In return for compensation, uses a TNC vehicle to offer or provide a prearranged ride to a rider upon connection through a digital network.
(h) “Transportation network company vehicle” or “TNC vehicle” means a vehicle that is not a taxicab or jitney and that is:
1. Used by a TNC driver to offer or provide a prearranged ride; and
2. Owned, leased, or otherwise authorized to be used by the TNC driver.
Notwithstanding any other law, a vehicle that is let or rented to another for consideration, or a motor vehicle that is compliant with the Americans with Disabilities Act and is owned and used by a company that uses a digital network to facilitate prearranged rides to persons with disabilities for compensation, may be used as a TNC vehicle.

627.748 Transportation network companies.—
16(a)(2)
2. Notwithstanding other provisions of this section, uses a digital network to connect riders exclusively to drivers who operate for-hire vehicles as defined in s. 320.01(15), including limousines and luxury sedans and excluding taxicabs.

627.748 Transportation network companies.—
16(b)(1)

1. Comply with all of the requirements of this section applicable to a TNC, including subsection (17), which do not conflict with subparagraph 2. or which do not prohibit the company from connecting riders to drivers who operate for-hire vehicles as defined in s. 320.01(15), including limousines and luxury sedans and excluding taxicabs.

627.748 Transportation network companies.—
16(b)(2)

2. Maintain insurance coverage as required by subsection (7). However, if a prospective luxury ground TNC satisfies minimum financial responsibility through compliance with s. 324.032(2) by using self-insurance when it gives the department written notification of its election to be regulated as a luxury ground TNC, the luxury ground TNC may use self-insurance to meet the insurance requirements of subsection (7), so long as such self-insurance complies with s. 324.032(2) and provides the limits of liability required by subsection (7).

Contingent upon whether or not the current public facing version of 324.032(2) is void because it was repealed by ghosting during the drafting process of CH 2006-290 HB7079 shortly after the fourth at the time still unresolved tragic crash caused by uninsured rental car drivers in Florida between 2004-2006 (see Kumarsingh, Garcia, McMinn and Vargas) - a Declaratory Judgement as to whether or not the maximum limits of $300,000 per 324.032(2) is a bonafide statuatory financial responsibility law as defined by and preserved by part b of the Graves Amendment.

INFORMATION AND BELIEF:

In 1992 the Defendant destabilized to balance of power in Florida’s sector of the interstate ground transportation passenger vehicle industry when an ambiguous amendment to 324.031 unconstitutionally blocked for hire vehicles from qualifying for self insurance certificates under 324.031 and 324.171 in Florida for the preposterous reason that FLHSMV who issues certificates of self insurance is not a member of FIGA.

Further, the onerous unreasonably trade restraining “excess liability” policies the for hire self insured are required to purchase are not bona fide statutory financial responsibility as defined by and preserved by part b of the Graves Amendment ergo the radical amendment to 324.031 in 1992 blocking the purchase of excess liability from non FIGA sources is equally preposterous.

See MEARS …..

Instead of the Defendant repealing the 1992 radical amendment to 324.031 to restore the balance of power in the uber cutthroat ground transportation passenger vehicle industry, the Defendant opted instead to furthur destabilize the balance of power in the for hire industry via the creation of
324.032 in 1995.

324.032, notwithstanding the radical amendment to 324.031 in 1992, served no other purpose than to grant uber powerful lessors of more than 300 for hire vehicles (example: Mears, Hertz, Enterprise) the exclusive competitive “choice” and advantage to obtain a certificate of self insurance issued by FLHSMV with the maximum limit of $100,000 and an additional $100,000 excess liability insurance policy requirement that could be obtained from insurers who are not FIGA members - or purchase 10/20/10 policies from FIGA members per 324.031.

In 2002 324.031 and 324.032 was amended by Chapter 2002-282 see pages 3 & 4

In 2003 324.032 was radically amended by Chapter 2003-267 see pages 44 and 45.

LABARGA, J., dissenting:
§ 324.032, Fla. Stat. (2007). Section 324.032 clearly states that section
324.021(9)(b) compels certain owners to maintain insurance. The certain owners
affected by the financial responsibility requirement contained in section
324.021(9)(b)2 are lessors who rent or lease motor vehicles for a period of less
than one year and who enter into a rental agreement that does not require that the
lessee obtain minimum insurance coverage of $100,000 per person and $300,000
per accident for bodily injury and $50,000 for property damage.

Contingent upon the Declaratory Judgement request in the paragraph above, a Declaratory Judgement that
324.171 certificate of self insurance with limits of 10/20/10 is the only bonafide statutory financial responsibility law as defined by and preserved by part b of the Graves Amendment that exists in Florida.

A Declaratory Judgement that the onerous unreasonably trade restraining
minimum limits of 125/250/50 per void for vagueness 324.032(1)(a) - which are “merely suggested” minimum limits as 324.032(1) is not a bonafide statutory financial responsibility law as defined by and preserved by part B Graves Amendment - exclusively and unconstitutionally apply to owners that are exclusively and
unconstitutionally required to have “former taxi use” permanently stamped on the title prior to the sale of the vehicle - which reinforces lessors and financianeers refusal to deal with and group boycott of operators of taxis -
since shortly after the 4 tragic crashes caused by uninsured rental car drivers in Florida between 2004-2006 (See CH 2006-290 HB7079).

In 2006 324.032 was radically amended by Chapter 2006-290 HB7079 see pages 47 and 48 under the radar with an egreious lack of transparency and due process shortly after the fourth - at the time unresolved - tragic crash caused by uninsured rental car drivers in Florida between 2004-2006 (see Kumarhsing, Garcia, McMinn, and Vargas)

https://drive.google.com/file/d/10iikI8kuUs1EPg6oAhU94XpyTg6G1oNS/view?usp=drivesdk :

Plaintiff Condie cannot pinpoint exactly when technical Advisory R06-11 inexplicably disappeared from Defendant FLHSMV's website:
https://www.flhsmv.gov/dmv/bulletins/2006/R06-11.htm

Defendant FLHSMV'S 2006 legislation summary as a NON public facing interagency Technical Advisory:

TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

---

To: Tax Collectors and License Plate Agents

From: Carl A. Ford, Director

Subject: Taxicab Liability Insurance Requirement
Advisory Date 07/28/06 Implementation Date 10/01/06

Advisory Number: R06-11

As a result of the passage of House Bill 7079, the following changes/amendments will be effective October 1, 2006:

Section 324.032[(1)(a)], Florida Statutes, states that any person who is either the owner or lessee is required to maintain insurance under s. 627.733 (1)(b) and who operates one or more taxicabs may prove financial responsibility by furnishing satisfactory evidence of holding a motor vehicle liability policy with minimum limits of $125,000/$250,000/$50,000.

The coverage limits for vehicles registered as taxicabs must be provided prior to transferring, renewing or extending the registration period of the vehicle. Acceptable proofs of coverage are:

· A declaration page of a policy issued by a carrier with an effective date showing the limits.
OR
· A letter on letterhead from the agent or carrier indicating the coverage limits and an effective date.
In an effort to notify owners and lessees of the new requirements in advance of the effective date, notifications were sent to all owners of record with vehicles branded as taxi. However, if the vehicle is no longer being used as a taxi and our records reflect a vehicle use other than taxi, the owner may disregard the notification. If the vehicle is no longer used as a taxi and our records reflect a vehicle use of taxi, the title record should be corrected to reflect a vehicle use other than taxi.
If the owner(s) of record has sold the vehicle, they should complete and submit Form HSMV 82050, Notice of Sale and/or Bill of Sale for a Motor Vehicle, Mobile Home, Off Highway Vehicle or Vessel.
If you have any questions or need further assistance, please contact your Tax Collector Help Desk Representative.

Just like in FLHSMV'S 2006 Technical Advisory R06-11
the Senate Committee for Transportation's and the Florida Office of Insurance Regulation (FLOIR) legislative reviews of 2006 HB7079 don't mention the onerous universal version of 2003 324.032(1) was radically amended and split into 2006 324.032(1)(a) and 324.032(1)(b).

Just like in FLHSMV'S 2006 Technical Advisory R06-11
neither the Senate Committee for Transportation nor the Florida Office of Insurance Regulation
(FLOIR) gave freshly minted 2006 324.032(1)(b) which repealed the $125,000/$250,000/$50,000 minimum limits under the 2003 version of 324.032(1) exclusively for lessors of available for hire passenger vehicles semantically defined as NON TAXIS including Rental Cars at least an honorable mention in their respective published legislative reviews of 2006 HB7079:

The Senate Committee for Transportation's
legislation summary on 2006 HB7079:

(Page 296) “Section 47. Amends s. 627.733, F.S., to clarify a taxicab owner must maintain security as required under s. 324.032(1), F.S.
Section 48. Amends s. 324.032, F.S., to revise financial responsibility requirements for taxicab owners or lessees. Specifically, an owner or registrant of a motor vehicle used as a taxicab may…(page 297) prove financial responsibility by furnishing satisfactory evidence of holding a motor vehicle liability policy with limits of $125,000/$250,000/$50,000”

The Florida Office of Insurance Regulation's 2006 legislation summary on page 36:

“HB 7079 - HIGHWAY SAFETY & MOTOR VEHICLES BY TRANSPORTATION
Clarifies that a taxicab owner must maintain security as required under s. 324.032(1), F.S.
Revises financial responsibility requirements for taxicab owners or lessee to allow furnishing satisfactory evidence of holding a motor vehicle liability policy with limits of
$125,000/$250,000/$50,000.
Approved by Governor; Chapter No. 2006-290. EFFECTIVE DATE: 10/01/2006 except
as otherwise provided”

Side by side comparison of 2003 324.032 and 2006 324.032(1)(a):

2003 324.032 v 2006 324.032(1)(a)

A person who is either the owner
or a lessee required to maintain
insurance under:

2003.                   2006.
      

s. 324.021(9)(b) s. 627.733(1)(b)

and who operates one or more taxicabs, limousines, jitneys,
or any other for-hire passenger
transportation vehicles may prove
financial responsibility by furnishing satisfactory evidence of holding
a motor vehicle liability
policy:

2003: 2006:
as defined in but with
324.031, minimum limits
but with of $125,000/
minimum limits of $250,000/
$125,000/ $50,000
$250,000/
$50,000