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![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]](ViewImageLocal?handle=hein.sag/sagfl0031&div=1&collection=&method=preview&ext=.png&size=3)