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2007 Florida Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagfl0031 and id is 1 raw text is: Florida Attorney General Advisory Legal Opinion Number: AGO 2007-01 Date: January 26, 2007 Subject: County public transp. comm., wheelchair accesibility Mr. Gregory B. Cox Executive Director Hillsborough County Public Transportation Commission Post Office Box 1110 Tampa, Florida 33601 RE: HANDICAP ACCESSIBILITY-TAXIS-PUBLIC TRANSPORTATION-authority of county public transportation commission to require taxis to be wheelchair accessible. Ch. 2001-299, Laws of Florida. Dear Mr. Cox: You ask substantially the following questions: 1. May the Hillsborough County Public Transportation Commission require taxicab companies to equip a specified percentage of their fleet as wheelchair accessible vehicles? 2. If not, may the HCPTC allow regulatory incentives to companies that equip vehicles within their permitted fleet as wheelchair accessible vehicles? Question One The Hillsborough County Public Transportation Commission (HCPTC) is an independent special district authorized to regulate the operation of public vehicles on the public highways of Hillsborough County and its municipalities.[l] For purposes of the commission's jurisdiction, public vehicle is defined as a taxicab, van, limousine, handicab, basic life support ambulance, and wrecker.[2] The enabling legislation for HCPTC provides that the commission shall regulate and supervise the operation of public vehicles upon the public highways and in all other matters affecting the relationship between such operation and the traveling public.[3] (e.s.) In addition to its primary function of issuing permits for the operation of public vehicles, the commission is authorized, among other things, to adopt rules for safety and equipment requirements for taxicabs, limousine, vans, handicabs, and basic life support ambulances and for voice communications equipment for all public vehicles.[4] It may also provide for a safety and mechanical inspection of any vehicle for which a permit has been issued. As an administrative agency, the commission may not exercise any power that has not been expressly granted by statute or that is necessarily implied from an express grant of power.[5] Any reasonable doubt as to the lawful existence of a particular power sought to be exercised must be resolved against the exercise of such power.[6]