SB759: Bill Text

SB759,4,19 346.935 (4) (b) This section does not apply to passengers in a limousine or in a motor bus who possess any bottle or receptacle containing alcohol beverages that has been opened, on which the seal has been broken or the contents of which have been partially removed or released if the vehicle is operated by a chauffeur holding a valid license and endorsements authorizing operation of the vehicle as provided in ch. 343 and is in compliance with any local ordinance or regulation adopted under s. 349.24.

SB759,8 Section 8. 349.24 of the statutes is repealed.

SB759,9 Section 9. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB759,4,25 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 474.115 (4), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

SB759,10 Section 10. 440.08 (2) (a) 69. of the statutes is created to read:

SB759,5,3 440.08 (2) (a) 69. Taxicab company or dispatch service: March 1 of each odd-numbered year.

SB759,11 Section 11. Subchapter IV (title) of chapter 440 [precedes 440.40] of the statutes is renumbered subchapter II (title) of chapter 474 [precedes 474.40].

SB759,12 Section 12. 440.40 of the statutes is renumbered 474.40, and 474.40 (2) and (6), as renumbered, are amended to read:

SB759,5,9 474.40 (2) “Licensed company" means a transportation network company that is licensed under s. 440.415 474.415.

SB759,5,15 (6) “Transportation network company" means a business that, for compensation, uses a digital network to connect passengers to participating drivers for the purpose of providing transportation network services to those passengers. “Transportation network company" does not include a taxicab , company, as defined in s. 474.10 (4), a taxicab dispatch service, as defined in s. 474.10 (5), or a limousine, shuttle, or other for-hire vehicle service.

SB759,13 Section 13. 440.41 of the statutes is renumbered 474.41.

SB759,14 Section 14. 440.415 of the statutes is renumbered 474.415, and 474.415 (1) (c), as renumbered, is amended to read:

SB759,5,21 474.415 (1) (c) The applicant demonstrates to the satisfaction of the department that it satisfies all applicable requirements under ss. 440.42, 440.44, 440.45, and 440.48 474.42, 474.44, 474.45, and 474.48.

SB759,15 Section 15. 440.42 of the statutes is renumbered 474.42.

SB759,16 Section 16. 440.425 of the statutes is renumbered 474.425.

SB759,17 Section 17. 440.43 of the statutes is renumbered 474.43.

SB759,18 Section 18. 440.435 of the statutes is renumbered 474.435.

SB759,19 Section 19. 440.44 of the statutes is renumbered 474.44.

SB759,20 Section 20. 440.445 of the statutes is renumbered 474.445.

SB759,21 Section 21. 440.45 of the statutes is renumbered 474.45.

SB759,22 Section 22. 440.455 of the statutes is renumbered 474.455.

SB759,23 Section 23. 440.46 of the statutes is renumbered 474.46.

SB759,24 Section 24. 440.465 of the statutes is renumbered 474.465, and 474.465 (1), as renumbered, is amended to read:

SB759,6,13 474.465 (1) Section 349.24 does not apply to a transportation network company or to a participating driver engaged in transportation network services or the participating driver's personal vehicle used for those services. No city, village, town, or county may enact or enforce an ordinance or adopt or enforce a resolution that regulates a transportation network company or its participating drivers and their personal vehicles in connection with transportation network services.

SB759,25 Section 25. 440.48 of the statutes is renumbered 474.48.

SB759,26 Section 26. 440.49 of the statutes is renumbered 474.49, and 474.49 (2) (intro.), as renumbered, is amended to read:

SB759,6,20 474.49 (2) Discipline. (intro.) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensed company or deny, limit, suspend, or revoke a license granted under s. 440.415 474.415 if the department finds that an applicant for licensure or a licensed company has done any of the following:

SB759,27 Section 27. 440.495 of the statutes is renumbered 474.495.

SB759,28 Section 28. Chapter 474 (title) of the statutes is created to read:

SB759,6,25 CHAPTER 474 taxicabs and Transportation network companies

SB759,29 Section 29. Subchapter I of chapter 474 [precedes 474.10] of the statutes is created to read:

SB759,7,3 CHAPTER 474

SB759,7,6 SUBCHAPTER I Taxicab companies and dispatch services

SB759,7,7 474.10 Definitions. In this subchapter:

SB759,7,10 (1) “Driver” means an individual who operates a taxicab for a licensed company to take passengers to destinations indicated by the passengers or to provide courier services.

SB759,7,12 (2) “Licensed company" means a taxicab company or taxicab dispatch service that is licensed under s. 474.115.

SB759,7,14 (3) (a) Subject to par. (b), “taxicab” means a motor vehicle having a passenger carrying capacity of fewer than 15 persons that is held for public hire.

SB759,7,15 (b) “Taxicab" does not include any of the following:

SB759,7,16 1. A motor vehicle operated primarily as a funeral car.

SB759,7,18 2. A motor vehicle of a car pool or van pool operated by private individuals, nonprofit organizations or city, state, or federal governments.

SB759,7,19 3. A motor vehicle operated primarily as an ambulance.

SB759,7,20 4. A motor vehicle operated primarily for transporting property.

SB759,7,22 5. A motor vehicle not designated for use as a taxicab or for public transportation under s. 342.06 (1) (h).

SB759,7,24 6. A personal vehicle, as defined in s. 474.40 (5) (b), that is used to provide transportation network services, as defined in s. 474.40 (7).

SB759,8,2 (4) “Taxicab company” means any business that, for compensation, provides transportation to passengers in taxicabs.

SB759,8,5 (5) “Taxicab dispatch service” means any business that, for compensation, connects passengers to drivers of taxicabs for the purpose of providing transportation to those passengers.

SB759,8,10 474.11 License required. (1) No person may own or operate a taxicab company or taxicab dispatch service in this state unless the taxicab company or taxicab dispatch service is a licensed company. Persons required to be licensed under this subsection include an independent owner-operator of a taxicab not affiliated with a taxicab dispatch service.

SB759,8,11 (2) Subsection (1) does not require a license for any of the following:

SB759,8,13 (a) An individual who operates a taxicab as an employee of, or an independent contractor for, a licensed company.

SB759,8,15 (b) An independent owner-operator of a taxicab affiliated with a taxicab dispatch service that is a licensed company.

SB759,8,20 474.115 Licensure of taxicab companies and taxicab dispatch services. (1) Initial license. The department shall, subject to s. 474.19, grant a license to operate a taxicab company or taxicab dispatch service in this state to an applicant for licensure if the department determines that all of the following requirements are met:

SB759,8,24 (a) The applicant submits an application to the department on a form prescribed by the department. The application shall include the applicant's name, address, tax identification number, and any other information required by the department by rule.

SB759,9,2 (b) The applicant owns, operates, or proposes to own or operate a taxicab company or taxicab dispatch service in this state.

SB759,9,7 (c) The applicant demonstrates to the satisfaction of the department that it satisfies all applicable requirements under ss. 474.12, 474.14, 474.145, 474.147, and 474.15. If the applicant is an individual who will also be a driver for a taxicab company, the applicant shall also submit the information identified in s. 474.145 (1) to the department.

SB759,9,9 (d) The applicant pays an initial licensure fee determined by the department in accordance with the sliding scale under sub. (4).

SB759,9,12 (e) The applicant provides the department with a list of all taxicabs that are affiliated with the taxicab company or taxicab dispatch service, in the manner prescribed by the department.

SB759,9,15 (2) Renewal. The renewal date for a license granted under sub. (1) is specified in s. 440.08 (2) (a) 69. A renewal application shall be submitted to the department on a form prescribed by the department and shall include all of the following:

SB759,9,17 (a) The renewal fee determined by the department in accordance with the sliding scale under sub. (4).

SB759,9,19 (b) An updated list of all taxicabs that are affiliated with the taxicab company or taxicab dispatch service, in the manner prescribed by the department.

SB759,9,20 (c) Any other information required by the department by rule.

SB759,9,24 (3) Effect of license. A license issued under this section shall entitle the license holder to operate the taxicab company or taxicab dispatch service to provide transportation in taxicabs to passengers throughout this state, without geographic limitation.

SB759,10,8 (4) Licensure fees. Fees for initial taxicab company and taxicab dispatch service licenses shall be set by the department by rule using a sliding scale ranging from a minimum of $500 to a maximum of $5,000, with the lowest fee to be paid by an individual who owns and operates his or her own taxicab company and is the sole driver for that taxicab company. Fees for renewing those licenses shall also be set by rule using a sliding scale, but the renewal fee for a taxicab company or dispatch service of a given size may not exceed the amount of the initial licensure fee for a taxicab company or dispatch service of that size.

SB759,10,10 474.12 Agent. Each licensed company shall maintain an agent for service of process in this state.

SB759,10,13 474.125 Taxicab fares. (1) A licensed company may, subject to s. 474.15, determine the fares to be charged to passengers for trips provided by the licensed company.

SB759,10,15 (2) (a) A taxicab dispatch service licensed under this subchapter shall disclose its fare calculation method and rates on its Internet site.

SB759,10,18 (b) If a taxicab is not affiliated with a taxicab dispatch service licensed under this subchapter, the taxicab company shall have the fare calculation method and rates for the taxicab disclosed inside the taxicab.

SB759,10,21 (3) (a) In this subsection, “digital network" means any Internet site or online-enabled application, software, or system that permits the prearrangement of transportation of passengers in taxicabs.

SB759,11,2 (b) A licensed company shall ensure that each taxicab is equipped with a device installed in the taxicab that is capable of calculating and displaying a passenger's fare and that the device is in a location visible to the passenger. This subsection does not prohibit a licensed company from using a digital network to calculate a passenger's fare and transmit that fare to the passenger's mobile device.

SB759,11,7 474.14 Zero tolerance for use of drugs or alcohol. (1) Policy. Each licensed company shall develop, implement, and make available a written policy prohibiting any driver for the company from using alcohol, or any other intoxicant that may render the driver incapable of safely driving, while the driver is driving for the licensed company.

SB759,11,10 (2) Complaints. (a) Each licensed company shall develop, implement, and make available complaint procedures for reports of suspected violations of the policy under sub. (1).

SB759,11,14 (b) Upon receipt of a complaint concerning a violation of a licensed company's policy under sub. (1), the licensed company shall immediately suspend the driver and investigate the complaint. The suspension shall continue until the complaint is resolved.

SB759,11,18 (c) Each licensed company shall maintain all records of each investigation under par. (b), including the results of that investigation and any action taken based on that investigation, for at least 2 years after the date the complaint was received by the licensed company.

SB759,11,21 474.145 Certain requirements for drivers and their vehicles. (1) Application. Before a licensed company allows an individual to be a driver for the licensed company, the licensed company shall do all of the following:

SB759,11,23 (a) Require the individual to submit an application to the licensed company that includes at least all of the following:

SB759,11,24 1. The individual's name, address, and age.

SB759,11,25 2. A copy of the individual's driver's license.

SB759,12,1 3. The individual's driving history.

SB759,12,3 4. Proof of motor vehicle registration for each vehicle owned by the individual that the individual will use as a taxicab as a driver for the licensed company.

SB759,12,6 5. A copy of the individual's automobile liability insurance policy for each vehicle owned by the individual that the individual will use as a taxicab as a driver for the licensed company.

SB759,12,8 (b) Conduct, or have a 3rd party conduct, a local and national criminal background check for the individual that includes all of the following:

SB759,12,10 1. A multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation.

SB759,12,11 2. A national sex offender registry database.

SB759,12,12 (c) Obtain and review a driving history research report for the individual.

SB759,12,14 (2) Who may not be a driver. (a) A licensed company may not allow any of the following individuals to be a driver of a taxicab for the licensed company:

SB759,12,17 1. An individual who has had more than 3 moving violations, as defined in s. 343.01 (2) (cg), in the past 3 years, or one conviction in the past 3 years for an offense listed under s. 351.02 (1) (a).

SB759,12,22 2. An individual who, in the last 7 years, committed an offense that resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1) or was convicted of a sex offense, as defined in s. 301.45 (1d) (b), or of any crime involving fraud, theft, damage to property, violence, acts of terror, or the use of a motor vehicle in the commission of a felony.

SB759,12,24 3. An individual whose information is contained in the sex offender registry under s. 301.45 or on the National Sex Offender Public Website.

SB759,12,25 4. An individual who does not possess a valid driver's license.

SB759,13,3 5. An individual who does not possess proof of motor vehicle registration for each vehicle owned by the individual that the individual will use as a taxicab as a driver for the licensed company.