341.102 Regulation of nonpublic sector buses. - Florida Statutes

341.102 Regulation of nonpublic sector buses.

   (1) No local governmental entity shall unduly restrict or impose any economic regulation upon the use of nonpublic sector buses engaged solely in intercounty transportation, or engaged in intracity transportation routes if the owner of such bus can establish that such intracity transportation route has been operated continuously from January 1, 1990, through April 1, 1991, and such intracity transportation has been conducted in compliance with applicable safety rules and regulations promulgated under s. 316.70. The partial exemption from local governmental regulation afforded the intracity transportation routes specified in the preceding sentence shall be limited to the routes maintained continuously from January 1, 1990, through April 1, 1991, and such authority shall expire April 1, 2011, or 10 years after any change in ownership of such bus, whichever occurs first. Any existing restrictions inconsistent with this section are invalid. However, local governmental entities may enact necessary safety, insurance, and traffic ordinances.

   (2) Except for contract agreements awarded pursuant to chapter 427, a county, as defined in s. 125.011(1), or a local governmental entity located within such a county, may not unduly restrict or impose any economic regulation upon any private sector contract transportation agreement. A private sector contract transportation agreement is a prearranged written contract between a bus owner and a public sector or private sector entity for the prearranged transportation of specific passengers, not including street hails, by a nonpublic sector bus over public roads that do not overlap public transportation corridors by more than 70 percent; provided, such passengers are employees, patients, or clients of the public sector or private sector entity, and such entity has a legitimate business or governmental purpose in transporting such employees, patients, or clients; and such entity’s primary business is not transportation of passengers by motor vehicle, as defined in s. 320.01. For the purpose of this subsection, a nonpublic sector bus is defined as a vehicle designed for carrying more than 10 passengers. A public transportation corridor consists of those public roads within one-quarter mile of, and including, existing public transportation routes. Nothing contained in this subsection shall restrict local governmental entities from enacting necessary safety, insurance, and traffic ordinances.

History. s. 5, ch. 81-209; s. 256, ch. 84-309; s. 8, ch. 84-340; s. 123, ch. 90-136; s. 1, ch. 90-230; s. 70, ch. 92-152.