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AI- 19199   10.    
Broward County Commission Public Hearing
Meeting Date: 04/28/2015  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Requested Action

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO MOTOR CARRIERS, AMENDING VARIOUS SECTIONS OF CHAPTER 22½ OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); REQUIRING CHAUFFEUR'S REGISTRATION APPLICANTS TO SUBMIT FINGERPRINTS AND TO UNDERGO STATE AND NATIONAL LEVEL CRIMINAL HISTORY RECORD CHECKS; REQUIRING THAT FOR-HIRE MOTOR VEHICLES BE INSPECTED BY A CERTIFIED LICENSED MECHANIC; PROVIDING STANDARDS FOR INSPECTIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)
 

ACTION:  (T-3:43 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law, as amended, with the Purple-Sheeted Additional Material dated, April 28, 2015, submitted by Commissioners Bogen, Sharief and Wexler and Environmental Protection and Growth Management.  (Refer to minutes for full discussion.)
 
VOTE: 6-3.  Commissioners Furr, LaMarca and Ritter voted no.

Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of April 14, 2015.
What Action Accomplishes
Amends the Code of Ordinances to require state and national level criminal history record checks for all chauffeur's registration applicants and establish a requirement that all for-hire motor vehicles be inspected by a certified licensed mechanic.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
At the April 7, 2015, County Commission meeting, the Board of County Commissioners directed the Office of the County Attorney to draft an amendment to the Motor Carriers Ordinance to require all applicants for chauffeur's registrations to undergo state and national criminal history record checks through the Florida Department of Law Enforcement and the Federal Bureau of Investigation and to require that all for-hire motor vehicles operating on the streets of Broward County be inspected by a certified licensed mechanic.

The Environmental Licensing and Building Permitting Division (ELBPD) currently conducts a state-only name-based criminal history record check for each chauffeur's registration applicant every two (2) years through the Florida Department of Law Enforcement (FDLE). Section 125.5801, Florida Statutes, authorizes Florida counties, through county Ordinance, to conduct fingerprint-based national criminal history background checks through the Florida Department of Law Enforcement and the Federal Bureau of Investigation for vehicle for hire chauffeurs. The proposed Ordinance requires that all applicants for a chauffeur's registration be fingerprinted and undergo a state and national criminal history record check.

The proposed Ordinance also requires that all vehicles for hire be inspected by an ELBPD-approved American Advanced Technicians Institute ("AATI") or Automotive Service Excellence ("ASE") certified master mechanic at an ELBPD-approved licensed auto repair shop. ELBPD currently inspects all vehicles for hire on an annual or semiannual basis. The proposed amendments continue inspections on the same schedule but require that these inspections be conducted by a certified master mechanic at a licensed auto repair shop with proof of inspection provided to ELBPD.

At the April 14, 2015, County Commission Meeting, the Office of the County Attorney was directed to prepare a number of proposed amendments to the proposed Ordinance to be considered at the public hearing. The proposed amendments will be distributed as Additional Material.
Source of Additional Information
Annika E. Ashton, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
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