CAPTIONING OCTOBER 14, 2009 PUBLIC TRANSPORTATION COMMISSION ***This is not an official, verbatim transcript of the ***following meeting. It should be used for informational ***purposes only. This document has not been edited; ***therefore, there may be additions, deletions, or words ***that did not translate. >>KEVIN WHITE: GOOD MORNING, AND WELCOME TO THE PUBLIC TRANSPORTATION COMMISSION MEETING. AT THIS TIME, WE'LL ALL STAND FOR THE PLEDGE OF ALLEGIANCE AND OUR INVOCATION, GIVEN BY MR. RAULERSON. >>DAN RAULERSON: LET US PRAY. HEAVENLY FATHER, WE COME BEFORE YOU HUMBLY WITH APPRECIATION FOR THE FREEDOM THAT WE HAVE TOGETHER TO GATHER AS A FREE NATION, AS A FREE PEOPLE. WE ASK FOR YOUR WISDOM, WE ASK FOR YOUR INSPIRATION TO MAKE GOOD DECISIONS TODAY ON BEHALF OF THE TAXPAYING PUBLIC. WE ASK THESE THINGS IN YOUR NAME WE PRAY. AMEN. SALUTE. PLEDGE. [PLEDGE OF ALLEGIANCE] >>KEVIN WHITE: FIRST OF ALL, LET ME READ INTO THE RECORD, I HAVE A NOTE FROM COMMISSIONER ROSE FERLITA, DUE TO A PERSONAL CONFLICT, I WILL NOT BE IN ATTENDANCE FOR TODAY'S PUBLIC TRANSPORTATION COMMISSION MEETING. I APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE. PLEASE READ THE REASON FOR MY ABSENCE INTO THE RECORD. AND JUST BEEN INFORMED THAT COMMISSIONER KNAPP WILL NOT BE HERE AS WELL. AT THIS POINT IN TIME, LET'S SWEAR IN ALL THE WITNESSES. ANYONE IN THE AUDIENCE THAT PLANS TO GIVE TESTIMONY BEFORE THE PTC TODAY, PLEASE STAND AND RAISE YOUR RIGHT HAND TO BE SWORN IN. DO YOU SWEAR OR AFFIRM THAT YOU'LL TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU. LET'S SEE. WE HAVE A MOTION TO RECEIVE OUR REPORTS AND FOR FILING? >> SO MOVED. >> SECOND. >>KEVIN WHITE: WE HAVE A MOTION AND A SECOND. ALL IN FAVOR OF THAT MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] OPPOSED, NAY. MOTION PASSES. AND A MOTION TO APPROVE OUR CONSENT ITEMS. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR OF THAT MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] OPPOSED, NAY. MOTION PASSES. OUR ATTORNEY'S NOT HERE, SO WE'LL GO TO OUR ATTORNEY'S REPORT IN A LITTLE BIT. OUR PUBLIC HEARINGS. LIMOUSINE SERVICE APPLICATIONS. EXECUTIVE LIMOUSINES OF TAMPA BAY, LLC, MR. PADILLA. >>CESAR PADILLA: GOOD MORNING, SIR. EXECUTIVE LIMOUSINES OF TAMPA BAY, LLC, FROM WESLEY CHAPEL, FLORIDA, AN APPLICATION FOR A LIMOUSINE CERTIFICATE AND FIVE UNRESTRICTED LIMOUSINE PERMITS WAS RECEIVED. THE HEARING OFFICER, MR. PAUL MARINO, RECOMMENDS THAT THE CERTIFICATE AND FIVE UNRESTRICTED PERMITS BE GRANTED. >>KEVIN WHITE: IS ANYONE IN THE AUDIENCE HERE TO SPEAK ON THIS PETITION? IS THERE ANYONE FROM EXECUTIVE IN THE AUDIENCE? OKAY. IS THERE ANYONE TO SPEAK ON THIS PETITION? DO WE HAVE A MOTION? >> SO MOVE TO GRANT -- >> SECOND. >>KEVIN WHITE: WE HAVE A MOTION AND A SECOND. WE HAVE A QUESTION ON THE MOTION, MR. DINGFELDER. >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN. MR. PADILLA, LOOKING AT THE RECOMMENDATION ON PAGE 3 OF THE HEARING OFFICER'S REPORT. >>CESAR PADILLA: YES, SIR. >>JOHN DINGFELDER: DOES THE MOTION NEED TO INDICATE THAT WE'RE GRANTING FIVE, THREE IMMEDIATELY AND THEN TWO ON AN ADMINISTRATIVE BASIS, OR HOW DOES THAT WORK? >>CESAR PADILLA: SIR, WHAT NORMALLY HAPPENS IS THEY GRANT THE PERMITS, AND THEY CAN PUT THEM IN THEIR SPECIFIC VEHICLES AS THEY GET THEM. NORMALLY THE COMPANIES DON'T HAVE THE VEHICLES AT THE TIME OF APPLICATION. THE FIVE PERMITS CAN BE ISSUED THROUGHOUT THE FISCAL YEAR. SO THE RECOMMENDATION WAS FOR THE THREE, THAT HE HAS VEHICLES FOR THOSE THREE, AND THE OTHER TWO TO BE WHAT WE CALLED ON THE SHELF TO BE ISSUED AT A LATER TIME, WHENEVER THE PERSON ACQUIRES THE VEHICLES. >>JOHN DINGFELDER: SO THAT WOULD BE INCLUDED AS PART OF THE MOTION? >>CESAR PADILLA: YES, SIR. >>KEVIN WHITE: WE HAVE A MOTION AND SECOND. ALL IN FAVOR OF THE MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] I'M SORRY. BEFORE WE TAKE THE VOTE -- YES, SIR. >> [OFF MICROPHONE] >>KEVIN WHITE: COME UP TO THE MICROPHONE. >> MY NAME IS TERRY. I OWN EXECUTIVE LIMOUSINE AND CHAUFFEUR SERVICE. AND WE SENT A LETTER TO THIS PERSON THAT'S APPLYING TO THIS PERSON, AND HE'S USING THE EXECUTIVE NAME, WHICH I'VE BEEN HERE FOR FIVE YEARS USING THE EXECUTIVE NAME. I SENT MR. PADILLA A LETTER THAT I ASKED HIM TO CEASE AND DESIST USING MY NAME. I GAVE THEM UP UNTIL TODAY. WE HAVE NO RESPONSE. ON THIS AFTERNOON OR THURSDAY MORNING, MY LAWYER IS GOING TO FILE A SUIT FOR USING THE NAME OF EXECUTIVE LIMOUSINE. I'VE BEEN USING IT IN GOOD FAITH, AND IT'S A CONFUSION WITH MY CUSTOMERS. SO AT THIS TIME, I'M ASKING YOU NOT TO GRANT PERMITS BECAUSE, I MEAN, THEY'RE BOTH THE SAME NAMES. >>KEVIN WHITE: QUICK QUESTION. THEY'RE EXECUTIVE LIMOUSINE OF TAMPA BAY, AND YOUR COMPANY IS -- >> EXECUTIVE LIMOUSINE AND CHAUFFEUR SERVICE, INCORPORATED. AS YOU KNOW, EVERYBODY'S GOT AN INCORPORATION, SO YOU HAVE TO USE THAT, BUT WE GO BY THE NAME OF EXECUTIVE LIMOUSINE, AND WE HAVE BEEN, AND I'VE HAD MY PERMITS WITH HILLSBOROUGH COUNTY FOR FIVE YEARS, SINCE I'VE BEEN IN BUSINESS. >>KEVIN WHITE: OKAY. MR. CAETANO. >>JOSEPH CAETANO: SIR, THIS COMPANY, ARE THEY REGISTERED WITH THE STATE AS EXECUTIVE ALSO? >> YES, THEY ARE. >>JOSEPH CAETANO: SO THEY MUST HAVE APPROVED IT. THERE MUST HAVE BEEN SOME WORDING IN THERE THAT GIVES THEM THE RIGHT TO USE THAT. YOU HAVE CHAUFFEUR -- EXECUTIVE LIMOUSINE AND CHAUFFEUR SERVICE. >> AS I CAN EXPLAIN IT TO YOU THE EASY WAY IS THAT THERE'S EXECUTIVE LIMOUSINES ALL OVER THE UNITED STATES. THERE'S YELLOW CAB ALL OVER THE UNITED STATES. BUT IF SOMEBODY CAME IN HERE AND SAID I'M GOING TO USE YELLOW CAB NAME AGAIN IN TAMPA BAY, WHETHER -- THE D/B/A IS THE CORPORATION. THAT'S THE BUSINESS THAT YOU USE AS A CORPORATION. ANYBODY INCORPORATES UNDER ANY NAME, BUT THE FICTITIOUS NAME WOULD BE THE EXECUTIVE LIMOUSINE. THAT WOULD BE THE OPERATIONAL NAME THAT YOU WOULD BE USING UNDER YOUR OPERATION. >>JOSEPH CAETANO: RIGHT. >> SO IF I CALLED UP INFORMATION AND SAID I WANT EXECUTIVE LIMOUSINE AND MY CLIENT GETS HIM, HE DOES A TERRIBLE JOB, YOU COME BACK TO ME AND GO WHY DID YOU DO THIS JOB, WHY DID YOU TAKE CARE OF THE CUSTOMER LIKE THIS, THEN I SAY, WELL, THAT ISN'T ME, AND THEN YOU SAY, WELL, WHO IS IT? IT'S ANOTHER EXECUTIVE LIMOUSINE THAT YOU ALLOWED TO GET PERMIT. IT'S CONFUSING, AND IT'S JUST -- >>KEVIN WHITE: UNDERSTAND THE POINT. MR. DINGFELDER. >>JOHN DINGFELDER: MR. PEREZ, JUST TO CATCH YOU UP, WE JUST APPROVED -- I THINK WE VOTED -- >>KEVIN WHITE: NO, WE DIDN'T VOTE YET. >>JOHN DINGFELDER: THERE IS A MOTION TO APPROVE EXECUTIVE LIMOUSINE OF TAMPA BAY. THIS GENTLEMAN HAS BEEN IN BUSINESS, I THINK, UNDER EXECUTIVE LIMOUSINE AND CHAUFFEUR. HE HAS A PROBLEM WITH THE OVERLAP OF NAMES. DO WE HAVE ANY JURISDICTION TO BE ADDRESSING THAT? >>ORLANDO PEREZ: I'M NOT AWARE OF ANY OFFHAND. I CAN LOOK INTO THAT. GENERALLY WHEN YOU INCORPORATE, THERE ARE RESTRICTIONS ON A CORPORATE NAME YOU CAN TAKE, AND IF THERE IS A NAME ALREADY EXISTING LIKE THAT, THEN THEY CAN'T REGISTER UNDER THAT SAME NAME. >>JOHN DINGFELDER: APPARENTLY THEY'VE GONE TO TALLAHASSEE AND ALREADY DEALT WITH THAT ISSUE, SO THEY ARE NOT CLOSE ENOUGH WHERE THAT'S A PROBLEM. I THINK WE SYMPATHIZE WITH YOU. I DON'T KNOW THAT WE HAVE THE ABILITY TO GET INTO THAT. YOU MIGHT HAVE TO TAKE IT TO A JUDGE AND LET THE JUDGE DEAL WITH IT. >>KEVIN WHITE: ONE OF THE MAIN ISSUES I'M LOOKING AT RIGHT HERE IS THE OTHER ONE IS AN INCORPORATION AND THIS ONE IS AN LLC, SO IT'S CONSIDERED TWO SEPARATE ENTITIES, EVEN THOUGH THE NAME IS CLOSE, BUT INCORPORATION AND LLC ARE TWO DIFFERENT THINGS, SO THAT MAY BE WHY THEY GOT THEIR APPROVAL THROUGH THE STATE. >> WHAT I'M ASKING IS IF YOU GUYS CAN DELAY IT AND LET ME FILE IT, AND THEN -- >>KEVIN WHITE: I THINK WHAT MR. DINGFELDER WAS JUST SAYING IF WE DON'T HAVE JURISDICTION, THERE'S NO REASON FOR US TO DELAY IT IF WE HAVE NO JURISDICTION. IF IT'S SOMETHING THAT ANOTHER AGENCY HAS JURISDICTION OVER, THEN THAT'S GOING TO BE UP TO THEM. IS THAT CORRECT, MR. PEREZ? >>ORLANDO PEREZ: [OFF MICROPHONE] -- GOT IT RIGHT NOW. I HAVEN'T SEEN THIS BEFORE. SO IT'S DIFFICULT TO OPINE ONE WAY OR THE OTHER. >>KEVIN WHITE: MR. PADILLA. >>CESAR PADILLA: SORRY. IF I MAY WALK YOU BRIEFLY THROUGH THE PROCESS OF AN APPLICATION. WHEN WE RECEIVE AN APPLICATION, IT'S NOTICED IN THE NEWSPAPER, AND ALL THE COMPANIES WITHIN THE SAME CERTIFICATE -- I MEAN, FOR LIMOUSINES -- ARE NOTIFIED OF THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARING MASTER WILL HEAR ALL THIS, ALL THE COMMENTS, AND WILL RENDER HIS DECISION BASED ON WHAT HE HAS BEFORE HIM. SO IF WE -- LIKE I EXPLAINED TO HIM, WE DON'T HAVE ANY JURISDICTION AS FAR AS NAME, THAT'S TALLAHASSEE, THAT'S THE STATE. AS FAR AS I'M CONCERNED, WE DON'T HAVE ANY WAY TO REALLY DELAY IT BECAUSE THE HEARING OFFICER WAS PART OF THE PROCESS WHERE THIS COULD HAVE BEEN ARGUED. >>KEVIN WHITE: THANK YOU VERY MUCH. WE HAVE A MOTION AND SECOND. ALL IN FAVOR OF THE MOTION ON THE FLOOR, SIGNIFY BY AYE. [CHORUS OF AYES] OPPOSED, NAY. MOTION PASSES. OUR NEXT ITEM, ITEM B, GREGORY EXECUTIVE SERVICES, LLC. MR. PADILLA. >>CESAR PADILLA: GREGORY EXECUTIVE SERVICES, LLC, SARASOTA, FLORIDA, AN APPLICATION FOR A LIMOUSINE CERTIFICATE AND TWO UNRESTRICTED LIMOUSINE PERMITS. THE HEARING OFFICER, MR. PAUL MARINO, RECOMMENDS THAT THE CERTIFICATE AND THE TWO UNRESTRICTED LIMOUSINE PERMITS BE GRANTED. >>KEVIN WHITE: IS THERE ANYONE IN THE AUDIENCE FROM GREGORY EXECUTIVE SERVICES? IS THERE ANYONE IN THE AUDIENCE THAT WOULD CARE TO SPEAK ON BEHALF OF THIS PETITION? WE HAVE A MOTION? >> MOTION TO GRANT. >> SECOND. >>KEVIN WHITE: WE HAVE A MOTION AND SECOND. ALL IN FAVOR OF THAT MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] OPPOSED, NAY. MOTION PASSES. APPEALS OF PVDLs. OUR FIRST ONE MARTEA CALLOWAY. IS MARTEA CALLOWAY IN THE AUDIENCE? OKAY. IF YOU'D COME FORWARD. MR. PADILLA. >>CESAR PADILLA: YES, SIR, MR. MARTEA CALLOWAY. THE VOTE REGARDING THIS ITEM WAS A TIE VOTE ON SEPTEMBER 9th MEETING, AND IT WAS REQUESTED TO PUT THE ITEM BACK ON THE AGENDA FOR THIS MONTH'S MEETING TO BREAK THE TIE. MR. MARTEA CALLOWAY WAS DENIED BASED ON HIS CRIMINAL HISTORY. >>KEVIN WHITE: MR. CALLOWAY, THANKS FOR COMING BACK. I SEE YOU'RE STILL WEARING THE STEPP'S TOWING SHIRT, SO YOU'RE STILL WORKING FOR STEPP'S. I SEE MR. STICKLEY IN THE AUDIENCE. MR. STICKLEY, IF YOU WOULD JUST NOD, ARE YOU STILL HERE IN SUPPORT? >> YES, SIR. >>KEVIN WHITE: MR. CALLOWAY, YOU HAVE THREE MINUTES TO ADDRESS THE COMMISSION AND REFRESH EVERYBODY'S MEMORY. >> YES, I MADE SOME BAD DECISIONS IN MY EARLY 20s, AND AS OF SEPTEMBER 14th, I TURNED 43 YEARS OLD, AND I HAVEN'T GOT IN TROUBLE SINCE THEN, AND I WOULD HIGHLY APPRECIATE IT IF I COULD BE GRANTED THIS LICENSE. >>KEVIN WHITE: MR. DINGFELDER. >>JOHN DINGFELDER: JUST LOOKING AT THE OLD CRIMINAL HISTORY THAT WE HAVE HERE, JUST CLARIFY FOR US -- AND YOU'RE UNDER OATH; CORRECT? >> YES, SIR. >>JOHN DINGFELDER: IT APPEARS FROM WHAT I'M SEEING THAT YOUR LAST ARREST, YOUR LAST INCIDENT WITH THE POLICE WAS AT LEAST 15 YEARS AGO OR MORE? >> YES, SIR. >>JOHN DINGFELDER: OKAY. HAVE YOU HAD ANY TROUBLE SINCE THEN? >> NO, SIR. >>JOHN DINGFELDER: THANK YOU. >>KEVIN WHITE: IS THERE ANYONE ELSE IN THE AUDIENCE WHO WOULD CARE TO SPEAK ON BEHALF OF THIS PETITION? PLEASE COME FORWARD. >> GOOD MORNING. STEVE STICKLEY, MANAGER WITH STEPP'S TOWING. AS WE WERE HERE LAST MONTH IN SEPTEMBER, IT WAS A TIE VOTE FOR MARTEA. WE HAD GONE THROUGH A HIRING PROCESS WITH HIM. WE CHECKED HIS BACKGROUND. WE KNEW WHAT WAS IN HIS BACKGROUND. WE SAT DOWN WITH MR. STEPP AND TODD STEPP, AND WE HAVE A PROGRAM IN PLACE AT STEPP'S TOWING WHERE THEY HAVE REVIEWS. WE DO CALL-BACKS ON CUSTOMERS, GET FEEDBACK ON THE EMPLOYEES THAT WE HAVE WITH THEM. WE WENT AHEAD AND HIRED MARTEA, AND HE'S DONE AN EXCEPTIONAL JOB. I WISH I HAD FIVE MORE OF THESE GUYS. HE'S THERE WHEN WE NEED HIM. HE IS GREAT WITH THE GENERAL PUBLIC. HE IS GREAT WITH THE EMPLOYEES, FITS IN WELL WITH OUR SYSTEM, AND WE'LL CONTINUE TO MONITOR HIS PROGRESS. HE KNOWS THAT IF HE DOES HAVE ANY VIOLATIONS OR IS IN TROUBLE, IT COULD MEAN TERMINATION FOR HIM, AND WE ARE WATCHING HIM. WE WOULD LIKE, IF WE COULD GET A TEMPORARY PERMIT FOR HIM, TO SEE HOW IT WORKS OUT, BUT WE'D LIKE TO KEEP HIM EMPLOYED AND GIVE HIM AN OPPORTUNITY FOR A SECOND CHANCE. >>KEVIN WHITE: THANK YOU, MR. STICKLER. MR. DINGFELDER. >>JOHN DINGFELDER: STEVE, THANKS FOR COMING. WHY DO YOU AND THE STEPP FAMILY DO THIS? WHY ARE YOU TRYING TO HELP HIM OUT? >> WELL, IT'S A TOUGH PROCESS FOR US TO GET THROUGH, AND A LOT OF PEOPLE TRY TO COME ONBOARD WITH US. WE LOOK AT THEIR CHARACTER, EVEN THOUGH SOMETIMES THEY HAD A BAD PAST. I BELIEVE A LOT OF PEOPLE HAD A BAD PAST. SOMETIMES THEY NEED A SECOND OPPORTUNITY, WE SIT DOWN WITH THEM, AND IF WE FEEL -- WE GET A GUT FEELING FROM THEM AND WE FEEL THAT WE CAN GIVE THEM THAT OPPORTUNITY, WE GO AHEAD AND DO IT, BUT WE DO GOT A STRINGENT PROCESS, AND YOU KNOW, IT'S TOUGH TO MAKE OUR TEAM. AND IT'S EVEN TOUGHER TO STAY WITH IT. ON THAT NOTE, WE'D LIKE TO HAVE A PERMIT ISSUED, IF WE COULD, FOR HIM. >>KEVIN WHITE: MR. RAULERSON. >> [OFF MICROPHONE] >> HE'S PUT ONTO A TEAM WITH DRIVERS, WRECKER OPERATORS. WE PROVIDE TOWING, RECOVERY, EMERGENCY ROAD SERVICE FOR MOTOR CLUBS, THE GENERAL PUBLIC. RIGHT NOW WITH THE STATUS HE'S IN, HE CANNOT RUN ROTATION POLICE CALLS AND I BELIEVE STATE, FEDERAL GOVERNMENT CALLS. THAT'S WHAT'S HOLDING BACK ON THAT PORTION, BUT ANY OTHER PORTION OF IT, PROVIDING TOWING FOR DEALERSHIPS, BODY SHOPS, ROADSIDE ASSISTANCE. >> WERE HE GRANTED THE LICENSE, IT WOULD STILL BE PRIMARILY TOWING ACTIVITIES OF VEHICLES? >> YEAH, STILL OF VEHICLES, BUT THEN WE COULD ENTER HIM INTO THE ROTATION OF THE LAW ENFORCEMENT TOWS, CITY, FEDERAL, AND LOCAL GOVERNMENT TOWS. >> THANK YOU. APPRECIATE IT. >>KEVIN WHITE: THANK YOU. DO WE HAVE A MOTION? >> [OFF MICROPHONE] >>KEVIN WHITE: SECOND? >> SECOND. >>KEVIN WHITE: WE HAVE A MOTION AND A SECOND. ALL IN FAVOR OF THAT MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] I'M SORRY. MR. STICKLEY ASKED A QUESTION. IS THIS GOING TO BE WITH A ONE-YEAR CONDITIONAL? >>JOSEPH CAETANO: YES. >>KEVIN WHITE: OKAY. SO -- OKAY. SO THAT'S STATED WITH A ONE-YEAR CONDITIONAL PERMIT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR OF THAT MOTION -- I'M SORRY -- SIGNIFY BY AYE. [CHORUS OF AYES] >>ORLANDO PEREZ: COULD YOU IDENTIFY WHAT THE CONDITIONS ARE. YOU SAID CONDITIONAL. >>KEVIN WHITE: ONE YEAR CONDITIONAL. I'LL LET MR. CAETANO, SINCE HE IS THE MAKER OF THE MOTION. >>JOSEPH CAETANO: THAT WOULD BE FOR DRUG, TRAFFIC INFRACTIONS, ANYTHING RELATED TO HIS JOB. >>KEVIN WHITE: PTC VIOLATIONS. AGAIN, WITH THAT STATED MOTION, WE HAVE A MOTION AND A SECOND, ALL IN FAVOR OF THAT MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] NAY. NAY. MOTION PASSES 4-1. MR. CALLOWAY, I WANT TO SAY THANK YOU FOR COMING BACK AND CONGRATULATIONS, AND I WISH YOU VERY WELL. THANK YOU. ANTHONY BRADFORD, NUMBER 2, HAS BEEN TAKEN OFF OF THE AGENDA. NUMBER 3 IS RALPH GURLEY WITH PARADISE WORLDWIDE. MR. PADILLA. IS MR. GURLEY IN THE AUDIENCE? OKAY. PLEASE COME FORWARD. MR. PADILLA. >>CESAR PADILLA: RALPH GURLEY WAS DENIED A PUBLIC VEHICLE DRIVER'S LICENCE BASED UPON A REVIEW OF HIS BACKGROUND CHECK. A SUMMARY OF HIS HISTORY IS ATTACHED TO THE AGENDA PACKET. >>KEVIN WHITE: MR. GURLEY, PUT YOUR NAME ON THE RECORD, AND YOU HAVE THREE MINUTES. >> I HAD WRITTEN LETTERS, I THINK, THAT WERE ATTACHED TO MY APPEAL. DID EVERYBODY GET A COPY OF THAT? I DON'T KNOW. AND IN THERE, BASICALLY, I'M JUST INDICATING THAT THE INCIDENT THAT WAS THE CAUSE FOR THE DENIAL IS SEVEN YEARS OLD, AND SINCE THAT TIME, THE ONLY THING THAT'S HAPPENED, I HAD A MINOR SPEEDING CITATION IN 2000. SINCE THEN, THERE HAVE BEEN NO OTHER INFRACTIONS. I'VE BEEN HAPPILY MARRIED TO MY WIFE, DAWN, WHO IS HERE IN MY SUPPORT. WE JUST CELEBRATED OUR FIFTH WEDDING ANNIVERSARY. SO -- >>KEVIN WHITE: IS THAT HER TO YOUR RIGHT? YOU POINTED TO THE -- OH, OKAY. [LAUGHTER] I WAS HOPING YOU WEREN'T TALKING ABOUT THE PERSON IN THE BLUE JACKET THERE. [LAUGHTER] >> NO, I MUCH PREFER -- >>KEVIN WHITE: JUST WANTED TO MAKE SURE. THANK YOU. >> AND I HAVE TWO OTHER LETTERS OF RECOMMENDATIONS FROM FRIENDS THAT I'VE KNOWN FOR BETTER THAN 20 YEARS, AND THEY ARE BOTH OF THE OPINION THAT THE OPPORTUNITY THAT IS IN FRONT OF ME WITH PARADISE WORLDWIDE TRANSPORTATION IS IDEALLY SUITED FOR MY PERSONAL SKILLS AND SO FORTH. THIS WOULD BE A TREMENDOUS OPPORTUNITY FOR ME, AND I WOULD LIKE TO HAVE THE MOTION TO RECONSIDER TAKEN UP HERE TODAY, PLEASE. >>KEVIN WHITE: OKAY. I SEE YOU HAVE TWO PEOPLE WITH YOU. DO EITHER ONE OF THEM CARE TO SPEAK ON YOUR BEHALF OR ARE YOU JUST INTRODUCING THEM? >> THIS IS MR. LA ROCHE. HE IS THE GENERAL MANAGER AT PARADISE. >> YEAH, RALPH'S A GREAT GUY. >>KEVIN WHITE: WELCOME. PUT YOUR NAME ON THE RECORD, PLEASE. >> MICHAEL LA ROCHE, PARADISE WORLDWIDE TRANSPORTATION. HE IS A GREAT GUY, WELL DRESSED, WELL-SPOKEN INDIVIDUAL. I DON'T BELIEVE SOMETHING THAT HAPPENED NINE YEARS AGO SHOULD BE SOMETHING THAT CARRIES ON NOW. EVERYBODY HAS THE ABILITY TO CHANGE, AND I BELIEVE HE HAS DONE SO. OUR COMPANY HAS LOOKED TO HIM, AND WE WOULD LIKE TO BRING HIM IN. >>KEVIN WHITE: GREAT. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD CARE TO SPEAK ON THIS PETITION? PLEASE COME FORWARD. I'M SORRY, MRS. GURLEY. PUT YOUR NAME ON THE RECORD, PLEASE. >> I'M SORRY. DAWN GURLEY, RALPH GURLEY'S WIFE. BEFORE ALL THIS HAPPENED, WE WORKED TOGETHER. I WAS HIS TRAINER AT ALLTEL, VERIZON, AND I GOT TO KNOW RALPH. WE -- I KNOW HIS CHARACTER AND EVERYTHING, AND HE CAME INTO WORK ONE DAY AND TOLD ME WHAT HAPPENED TO HIM, AND I STOOD BY HIS SIDE AS A FRIEND. WE WERE FRIENDS FIRST. AND GOT HIM THROUGH A HARD TIME. YOU KNOW, EVERYBODY GOES THROUGH, MAKES MISTAKES, THINGS HAPPEN. AND SINCE THEN, HE'S BEEN GREAT. HE'S BEEN GOOD. HE'S LEARNED HIS LESSON. I MARRIED HIM, SO -- AND I'M NOW IN THE WEDDING BUSINESS, AND THIS COMPLEMENTS OUR -- WHAT I DO AND WHAT HE'S GOING TO DO. SO TOGETHER WE'RE A TEAM, AND TODAY I'M DESIGNATED DRIVER. IF WE DO GO OUT SOCIALLY OR ANYTHING LIKE THAT OR WE STAY HOME PRETTY MUCH MOST OF THE TIME NOW BECAUSE WE'RE ALWAYS WORKING, AND WE DO A LOT OF WEEKEND WORK NOW. SO THERE'S NO WORRIES. >>KEVIN WHITE: THANK YOU. >> YOU'RE WELCOME. >>KEVIN WHITE: IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD CARE TO SPEAK ON THIS PETITION, PLEASE COME FORWARD. THE OTHER WIFE. [LAUGHTER] >> JOHN MADIEDO, PROFESSIONAL INSURANCE CENTER, 2003 EAST KENNEDY. I AM AN INSURANCE AGENT HERE, AND I INSURE PARADISE WORLDWIDE LIMOUSINE. THIS IS AN APPLICANT THAT, UNDER EVERY UNDERWRITING GUIDELINE WITH THE INSURANCE COMPANIES WE DO BUSINESS WITH, IS APPROVABLE BECAUSE OF THE TIME PERIOD ASSOCIATED WITH THIS ONE BLEMISH ON HIS RECORD. IT'S BEEN SUBMITTED TO THE UNDERWRITER FOR CONSIDERATION, AND THERE'S NO HESITATION PUTTING HIM ON THE INSURANCE POLICY. I WOULD VENTURE TO SAY THEY ARE VERY PERSNICKETY IN SOME OF THE DECISIONS THEY MAKE. SECONDLY, I HAVE A LOT OF CONFIDENCE IN THE MANAGEMENT STAFF AND OWNERSHIP STAFF AT PARADISE. HAVING SPOKEN TO JOEL PRESCOTT PERSONALLY ABOUT THIS GENTLEMAN AND THEIR OPERATIONS MANAGER, THEY BOTH ARE VERY, VERY HIGHLY IN FAVOR OF LETTING THIS MAN WORK FOR THEM. THEY HAVE A VERY RIGOROUS PRESELECTION PROCESS THAT HE'S GONE THROUGH, AND THIS IS OBVIOUSLY THE FINAL HURDLE ASSOCIATED WITH THAT, SO I'D ASK YOUR CONSIDERATION, GIVING THIS MAN AN OPPORTUNITY TO HAVE A PVDL. THANK YOU. >>KEVIN WHITE: IS THERE ANYONE ELSE IN THE AUDIENCE WHO WOULD CARE TO SPEAK ON THIS PETITION? COMMISSIONERS? >> COMMISSIONER, I JUST -- I WOULD MOVE APPROVAL WITH A ONE-YEAR PROBATION PERIOD WOULD BE MY RECOMMENDATION ON THIS. >> SECOND. >>KEVIN WHITE: WOULD THAT BE DRUG AND ALCOHOL? >> YES. >>KEVIN WHITE: DRUG AND ALCOHOL. OKAY. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR OF THE MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] OPPOSED, NAY. MOTION PASSES. CONGRATULATIONS. AND DON'T LET YOUR EMPLOYER DOWN. >>KEVIN WHITE: THANK YOU VERY MUCH. THANK YOU, SIR. THANK YOU. OUR NEXT APPELLANT IS GEBRU HAMBIR. IS MR. HAMBIR IN THE AUDIENCE? OKAY, MR. PADILLA. >>CESAR PADILLA: GEBRU G. HAMBIR HAS BEEN DENIED A PUBLIC VEHICLE DRIVER'S LICENCE ON MANY OCCASIONS THE HISTORY OF THE BOARD'S DECISIONS REGARDING HIS PETITION IS LOCATED IN THE TABBED PORTION OF YOUR AGENDA PACKET. >>KEVIN WHITE: THANK YOU. JUST TO BRING SOME OF THE OTHER BOARD MEMBERS UP-TO-DATE WHO MAY NOT HAVE BEEN HERE WHEN MR. HAMBIR WAS HERE BEFORE, THE THINGS ARE OUTLINED IN THE TAB ITEMS, AND MR. HAMBIR, I THINK THIS IS HIS THIRD OR MAYBE FOURTH TIME. HE CAME TO MY OFFICE AND HE CAME TO THE PTC OFFICE, AND I TOLD HIM THAT THIS WAS THE PROPER VENUE. AND HE HAS THE RIGHT AND THE ABILITY TO COME BACK AND ASK FOR A PVDL AS MANY TIMES AS HE SEES FIT, AND IF THE BOARD CHOOSES TO GRANT HIM. BUT THIS DRIVER WAS INITIALLY -- HIS PVDL WAS INITIALLY REVOKED FOR FIGHTING WITH OTHER TAXICAB DRIVERS, FIGHTING WITH CUSTOMERS, AND AT ONE POINT IN TIME, ACTUALLY, WAS TRYING TO PULL A CUSTOMER OUT OF ANOTHER CAB, SAYING IT WAS HIS FARE. THEN I BELIEVE THERE WAS AN ALLEGATION OF ACTUALLY TRYING TO RUN OVER ANOTHER CABDRIVER WITH HIS VEHICLE. >> CORRECT. >>KEVIN WHITE: AND I DON'T KNOW WHAT -- WHAT THE INCIDENT WAS TOTALLY, BUT I WANTED TO BRING EVERYBODY UP-TO-DATE AND THEN GIVE MR. HAMBIR AN OPPORTUNITY TO EXPLAIN HIS SIDE ONCE AGAIN. MR. PADILLA. >>CESAR PADILLA: YES, SIR. JUST POINT OF INTEREST. ON 10/11/06, THE MOTION WAS CARRIED UNANIMOUSLY TO PERMANENTLY REVOKE MR. HAMBIR'S PVDL. SO JUST FOR THE RECORD. >>KEVIN WHITE: ALL RIGHT. WELL, THEN WHERE WOULD THAT PUT US, MR. PEREZ? IF WE VOTED TO PERMANENTLY REVOKE THAT, THEN WE SHOULDN'T BE HAVING THESE HEARING PROCESSES? I THOUGHT IT WAS DENIED AGAIN, BUT IT WAS BROUGHT UP THAT IT WAS PERMANENTLY REVOKED. WHAT IS THE -- DOES THAT MEAN PERMANENTLY PERMANENTLY OR YOU CAN APPLY AGAIN? DOES THAT GIVE THEM NO OPTION TO REAPPLY? SO HELP ME THROUGH THAT ONE. >>ORLANDO PEREZ: YOUR RULES WERE REVISED TO ALLOW AN APPLICANT, ONCE HE'S DENIED -- BECAUSE WE DID HAVE AN ISSUE OF APPLICANTS COMING MONTH AFTER MONTH AFTER DENIALS, AND I BELIEVE THAT THE RULES WERE REVISED SUCH THAT AN APPLICANT COULD WAIT A YEAR AND COME BACK BEFORE THIS BOARD. SO I THINK IT WOULD BE APPROPRIATE -- IT SEEMS FROM THE RECORD HERE THAT IT'S BEEN MORE THAN A YEAR SINCE HE WAS LAST DENIED -- TO CONSIDER THAT. AND CERTAINLY THE BOARD WOULD BE FREE TO CHANGE ITS MIND, IF YOU WILL, WITH REGARD TO ITS PRIOR DECISION. >>KEVIN WHITE: AND I DON'T HAVE A PROBLEM WITH AN APPLICANT BEING ABLE TO COME BACK, BUT THE WORD "PERMANENTLY" IS STICKING IN MY MIND. WHEN WE TALK ABOUT A YEAR FOR SOMEBODY BEING DENIED, AND THIS PVDL BEING PERMANENTLY REVOKED. SO I MEANT -- THAT I NEED CLARIFICATION. IF IT'S PERMANENTLY REVOKED, THEN THAT SHOULD, IN MY MIND, NOT GIVE THE APPLICANT AN OPPORTUNITY TO REAPPLY, AND IF THAT'S THE CASE, THAT'S WHAT WE NEED TO KNOW, OR IF IT'S JUST TURNED DOWN THEN THEY HAVE TO WAIT A YEAR. >>CESAR PADILLA: AND I QUESTION THE ABILITY OF THE BOARD -- YOU KNOW, A PAST BOARD TO BIND FUTURE BOARDS SO PERMANENTLY IN THAT REGARD THAT WAY, SO I WOULD THINK THAT THIS BOARD HAS THE ABILITY TO OVERTURN THAT PRIOR DECISION, WHICH WAS MADE A COUPLE YEARS AGO, I GUESS, AND CONSIDER. AND IT SEEMS APPROPRIATE UNDER YOUR RULES TO CONSIDER AS LONG AS IT'S BEEN A YEAR GAP SINCE HE WAS LAST DENIED. >>KEVIN WHITE: THAT'S FINE, AND I DON'T HAVE A PROBLEM. SO BEFORE WE CONTINUE, I'LL JUST GO AHEAD AND GIVE THE APPLICANT AN OPPORTUNITY TO EXPLAIN HIS SIDE, THEN THE BOARD WILL JUST GO FROM THERE ONCE AGAIN. YOU HAVE THREE MINUTES, SIR. GO AHEAD. PUT YOUR NAME ON THE RECORD, AND YOU CAN STATE YOUR CASE. PUT YOUR NAME ON THE RECORD, PLEASE. >> MY NAME IS [INDISCERNIBLE]. HE IS MY GOOD FRIEND. HE HAS BEEN WORKING TAXI BUSINESS IN CLEARWATER. WE HAVE [INDISCERNIBLE] COMING, HE IS OWNER, SO GIVE HIM OPPORTUNITY TO REINSTATE HIS LICENSE BECAUSE HE'S PROVIDING HIS WIFE, IN THIS CASE, FOR TRANSPORTATION IN HILLSBOROUGH COUNTY, NOW HE'S WORKING PINELLAS COUNTY ONLY, SO PLEASE GIVE HIM A CHANCE TO WORK. >>KEVIN WHITE: I'D LIKE TO HEAR HIM ADDRESS SOME OF THE ISSUES THAT OCCURRED AND WHY THEY OCCURRED AS FAR AS THE VIOLENCE AND, YOU KNOW, THE OTHER THINGS THAT OCCURRED, AND IF HE'S TAKEN ANY ANGER MANAGEMENT COURSES OR ANYTHING OF THAT NATURE. CAN YOU ANSWER? >> YEAH. HE'LL BE OKAY. I MEAN, HE DON'T DO ANYMORE. >>KEVIN WHITE: THAT'S NOT WHAT I ASKED. I WANT TO KNOW IF HE'S TAKEN ANY ANGER MANAGEMENT COURSES OR IF HE'S DONE ANYTHING TO RECTIFY WHAT'S ON THE RECORD. >> YEAH. >>KEVIN WHITE: NO, I DIDN'T ASK WILL HE. I SAID HAS HE? HAS HE IN THE PAST? HAS HE TAKEN ANGER MANAGEMENT COURSES? >> NO. >>KEVIN WHITE: DOES HE HAVE AN EMPLOYER IN HILLSBOROUGH COUNTY THAT'S WILLING TO EMPLOY HIM NOW? >> YEAH, HE SAID YES, HE TOOK IT. >>KEVIN WHITE: DO YOU HAVE CERTIFICATES OR ANYTHING OF THAT NATURE? >> DO YOU HAVE CERTIFICATE? YES, HE HAS IT. >>KEVIN WHITE: OKAY. MR. DINGFELDER. >>JOHN DINGFELDER: IN READING THE RECORD FROM THE LAST GO- AROUND THAT'S TYPED IN OUR PACK GROUND, IT SAID LAST TIME HE HAS GONE THROUGH A 12-HOUR OR 24-HOUR PROGRAM, THE PTC HAS A COPY OF THE CERTIFICATE, SO APPARENTLY THAT WAS IN PLACE THE LAST TIME WHEN THE BOARD STILL DECIDED, I GUESS, NOT TO APPROVE THIS. QUESTION, MR. PEREZ. APPARENTLY, FROM WHAT YOU WERE SAYING BEFORE, THE RULES HAVE CHANGED, OKAY, SO THERE'S REALLY NO SUCH THING AS A PERMANENT REVOCATION. I MEAN, THAT WOULD BE WHAT YOU DESCRIBED. >>ORLANDO PEREZ: RIGHT. THE RULES DON'T ADDRESS A PERMANENT, IF YOU WILL, DENIAL OF AN APPLICANT. ONCE HE IS DENIED ONCE, IT DOESN'T FORECLOSE HIM FROM COMING BACK, AND YOUR RULE SAYS AS LONG AS IT'S BEEN 12 MONTHS, HE CAN COME BACK. IT DOESN'T ALLOW THEM TO COME BACK REPEATEDLY MONTH AFTER MONTH. THAT WAS THE FOCUS OF THE RULE CHANGE WAS THAT YOU HAD FOLKS COMING BACK -- >>JOHN DINGFELDER: THAT'S JUST A FUNCTION OF DUE PROCESS. IF WE DECIDED EVERY TWO YEARS, IT COULD BE EVERY TWO YEARS. BUT THE BOTTOM LINE IS, THAT'S OUR RULE. >>ORLANDO PEREZ: CIRCUMSTANCES CHANGE WITH THE PASSAGE OF TIME. FOR EXAMPLE, THE BOARD HAS MADE REFERENCE TO WITH CRIMINALITY THAT WITH THE PASSAGE OF TIME, SOME THINGS BECOME SOMEWHAT DATED, SO CERTAINLY THE BOARD COULD CONSIDER THAT. NOW, THE REASON THAT'S CITED FOR THE APPLICANT'S DENIAL WAS REPEATED VIOLATIONS OF MOTOR VEHICLE LAWS, WHICH IS A LITTLE DIFFERENT THAN WE TYPICALLY SEE. YOU TYPICALLY SEE BASED ON CRIMINALITY, AND THAT DOESN'T APPEAR TO BE THE ISSUE HERE, BUT THE SPECIAL ACT ALLOWS YOU -- DOESN'T OBLIGATE YOU, BUT ALLOWS YOU TO DENY AN APPLICANT BASED ON REPEATED VIOLATIONS OF MOTOR VEHICLE LAWS. OKAY. JUST A FEW QUESTIONS. DOES HE SPEAK ENGLISH AT ALL OR -- >> VERY LITTLE. >>JOHN DINGFELDER: A LITTLE BIT? OKAY. THEN YOU CAN TRANSLATE, I GUESS, FOR HIM. IN OUR PACKET IN FRONT OF US TODAY, IT SHOWS AN INCIDENT SOMEWHERE IN THE NEIGHBORHOOD OF SEPTEMBER, MAYBE TWO INCIDENTS, I'M NOT SURE, IN ORANGE COUNTY, IN ORLANDO, IN THE ORLANDO AREA, FAILURE TO USE DUE CARE, DRIVING SLOWER THAN THE MINIMUM SPEED. I GUESS -- I DON'T KNOW EXACTLY WHAT THAT IS. I GUESS THAT'S JUST SORT OF CRUISING TOO SLOW. BUT FAILURE TO USE DUE CARE. THAT'S A LITTLE BIT OF CONCERN. AND HE PLEAD GUILTY TO ALL THREE CHARGES. THE OTHER ONE IS JUST AN ADMINISTRATIVE CHARGE. AND IT LOOKED LIKE PERHAPS IT WAS STEMMED OUT OF AN ACCIDENT IN SEPTEMBER. IS HE AWARE OF THAT, FAMILIAR WITH THAT? >> YES. >>JOHN DINGFELDER: WAS THAT -- DID THAT HAPPEN WHEN HE WAS IN A PRIVATE VEHICLE, OR WAS HE DRIVING A CAB THEN? >> HE WAS DRIVING A TAXI. >>JOHN DINGFELDER: OKAY. SO HE'S BEEN DRIVING OUT THERE IN ORLANDO AS WELL AS CLEARWATER? OKAY. DO YOU KNOW HIM TO HAVE SOME ANGER ISSUES OR HAS HE HAD ANGER ISSUES IN THE PAST? THAT'S WHAT IT APPEARS THESE REPORTS INDICATE. >> YES, I KNOW HIM. HE'S OKAY. >>JOHN DINGFELDER: HOW LONG HAVE YOU KNOWN HIM? >> I'VE KNOWN HIM ALMOST 15 YEARS. >>JOHN DINGFELDER: BACK IN '04, IT APPEARS THERE WERE SOME ANGER THINGS GOING ON HERE. I MEAN, DOES HE ACKNOWLEDGE THAT OR DOES HE DENY IT COMPLETELY? >> YEAH, HE'S PROGRESSED. >>JOHN DINGFELDER: HE FEELS HE'S GETTING BETTER? >> YES. >>JOHN DINGFELDER: WHY? >>JOHN DINGFELDER: STEP UP TO THE MICROPHONE, MR. HAMBIR. >>JOHN DINGFELDER: YOU CAN SPEAK THROUGH HIM, WHATEVER YOU'RE MORE COMFORTABLE WITH. >> YEAH, HE'S CHANGED NOW BECAUSE HE HAS RESPONSIBILITY WITH FAMILY MEMBER, YOU KNOW, HE'S APOLOGIZED FOR WHAT HE DID. YOU KNOW? HE'LL BE ALL RIGHT. >>JOHN DINGFELDER: UH-HUH. WHAT COMPANY DID HE WORK FOR BEFORE IN TAMPA? >> AFFORDABLE TAXI IN CLEARWATER. >>KEVIN WHITE: THAT'S WHO HE WORKS FOR NOW. HE WORKED FOR YELLOW CAB, DIDN'T HE? >> USED TO BE YELLOW CAB, YES, LONG TIME. >>JOHN DINGFELDER: OKAY. I MIGHT BE CURIOUS IF YELLOW CAB HAS AN OPINION. >>KEVIN WHITE: DOES HE HAVE AN EMPLOYER RIGHT NOW THAT WILL EMPLOY HIM? >>JOHN DINGFELDER: LOOKS LIKE I'M SEEING AN OPINION BACK THERE, BUT -- >>KEVIN WHITE: OKAY. ALL RIGHT. LET'S JUST MOVE ON, AND WE'LL SEE. THERE APPEARS TO BE SOMEBODY ELSE WHO WANTS TO SPEAK ON THIS APPLICATION, SO COME FORWARD, SIR, PUT YOUR NAME ON THE RECORD, AND YOU HAVE THREE MINUTES. >> YES, MY NAME IS [INDISCERNIBLE] TAXI. I WAS ASKED TO BE HERE TODAY IF HE WOULD HAVE A JOB IF HE WAS GIVEN A PERMIT IN HILLSBOROUGH. RIGHT NOW HE DOES WORK FOR ME IN PINELLAS COUNTY. PRIOR TO THAT, HE WAS WORKING IN ORLANDO AND DID WORK FOR YELLOW AND UNITED IN THE PAST AND WORKED FOR ME IN HILLSBOROUGH COUNTY, BUT HE LOST HIS PERMIT PERMANENTLY, BUT AGAIN, WASN'T SURE PERMANENTLY MEANS EVEN COME HERE AGAIN OR WAIT A YEAR AND COME BACK. >>KEVIN WHITE: SO WHEN THE ALLEGED INCIDENTS OF VIOLENCE WERE OCCURRING, HE WAS WORKING FOR AFFORDABLE AT THAT TIME? >> NO, I THINK ONE INCIDENT HAPPENED WHEN HE WAS WORKING FOR AFFORDABLE, ONE, BUT THE REST WAS FOR DIFFERENT COMPANIES. TO TELL YOU THE TRUTH, I WASN'T REALLY AWARE OF MOST OF THE ISSUES THAT WAS ADDRESSED, BUT IF YOU GO BACK, YOU WERE ASKING QUESTIONS, ONE OF THEM, WHAT DID HE DO ABOUT HIS ANGER, I'M AWARE HE DID GO TO ANGER MANAGEMENT CLASSES, GET CERTIFICATE, AND HE SUBMITTED THAT TO THE HILLSBOROUGH COUNTY CAB COMMISSION AND PUBLIC TRANSPORTATION, AND THEY STILL DENY HIM BECAUSE HE -- TO ME, I THINK MR. HAMBIR DOES HAVE ONE PROBLEM WITH HIS COMMUNICATION. MAYBE THAT'S HIS PROBLEM. BEING ANGER, I DON'T REALLY SEE HIM -- I MEAN, I DIDN'T SEE A BIG ISSUE BEING ANGER. HE'S NOT. BUT HE'S REALLY -- DOES NOT COMMUNICATE RIGHT. I MEAN, I SEE HIM ANSWERING YOU, YOU ASK HIM, HE IS SAYING YES, I MEAN, THE ANSWER IS NO, BUT HE'S STILL SHAKING HIS HEAD. I DON'T KNOW WHY, DOES HE UNDERSTAND YOU, IS IT ENGLISH. YOU ASK HIM IF HE TAKE ANYTHING FOR MANAGEMENT CLASSES, HE SAYS NO. >>KEVIN WHITE: LET ME ASK YOU THIS. DO THE PEOPLE IN PINELLAS COUNTY -- >> I HAVEN'T HAD ANY ISSUES. >>KEVIN WHITE: I'M SAYING DO THE PEOPLE IN PINELLAS COUNTY UNDERSTAND ANY BETTER THAN THE PEOPLE IN HILLSBOROUGH COUNTY? >> NO, NO, THOSE NOT WHAT I MEANT AT ALL. THAT'S NOT WHAT I MEANT. >>KEVIN WHITE: WHAT I'M SAYING, IF THERE'S A COMMUNICATION BARRIER BETWEEN THE CUSTOMER AND HIM OR OTHER DRIVERS, I MEAN, IT SEEMS LIKE THAT WOULD SPAN ACROSS THE BAY AS WELL AS HERE. >> YEAH. >>KEVIN WHITE: BUT ANYWAY. OKAY. MR. DINGFELDER. >>JOHN DINGFELDER: HOW LONG HAVE YOU KNOWN THIS GENTLEMAN? >> I WOULD SAY AROUND FOUR YEARS NOW. >>JOHN DINGFELDER: OKAY. HOW LONG HAS HE WORKED FOR YOU? >> ON AND OFF ABOUT FOUR YEARS. >>JOHN DINGFELDER: HAS HE HAD ANY ISSUES DURING THE TIME HE'S WORKED FOR YOU? >> ONE. >>JOHN DINGFELDER: I'M SORRY? >> ONE ISSUE. >>JOHN DINGFELDER: WHEN? >> THAT'S ABOUT THREE YEARS AGO IN FRONT OF MARRIOTT, I BELIEVE, DOWNTOWN TAMPA. HE HAD A PROBLEM WITH A DRIVER SAYING THAT HE TOOK MY FARE, AND THEN HE CALLED AND I SAID WELL -- WE RESOLVED THAT. I THINK IT WAS A YELLOW CAB DRIVER. BUT THAT WAS THE ONLY ONE. >>JOHN DINGFELDER: AND WHY ARE YOU HERE TODAY ON HIS BEHALF? >> THAT'S A VERY GOOD QUESTION. I'M HERE TODAY REALLY TO ASK IF WE WILL BE ABLE TO GIVE MR. HAMBIR ONE LAST CHANCE TO BE ABLE TO GET HIS PERMIT BACK, BE PUT ON PROBATION FOR A YEAR OR SO, GIVE HIM A CHANCE TO DRIVE AGAIN IN HILLSBOROUGH COUNTY. HE LIVES IN HILLSBOROUGH, YET HE DRIVES TO PINELLAS TO WORK DAILY. HIS FAMILY AND EVERYBODY ARE HERE. IT WOULD BE, OF COURSE, MORE CONVENIENT FOR HIM TO BE DRIVING HERE. THAT'S TOTALLY, OF COURSE, UP TO YOU, BUT HE ASKED ME REPEATEDLY TO COME AND PRESENT, LET YOU KNOW THAT, YOU KNOW, HE HAS A JOB IF HE WOULD BE GRANTED A PERMIT. >>KEVIN WHITE: OKAY. THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WOULD CARE TO SPEAK ON BEHALF OF THIS PETITION? MR. CAETANO. >>JOSEPH CAETANO: MR. CHAIRMAN, I WOULD LIKE TO MAKE A MOTION THAT WE GRANT THIS GENTLEMAN -- IT WOULD BE THREE PARTS TO IT. IT WOULD BE ONE YEAR PROVISIONAL, AND HE NEEDS TO TAKE AN ANGER MANAGEMENT CLASS. DID YOU TAKE ONE OF THOSE, MR. CHAIRMAN, YOU KNOW WHERE IT'S AT? [LAUGHTER] >>KEVIN WHITE: NO, I DIDN'T, BUT HE'S EVIDENTLY ALREADY TAKEN ONE, MR. CAETANO. >>JOSEPH CAETANO: HE HAS TO COMPLETE THAT WITHIN A SIX- MONTH PERIOD. OKAY? AND HE HAS ONE YEAR OF PROVISIONAL, EVEN AFTER HE FINISHES THAT SIX-MONTH ANGER MANAGEMENT CLASS, HOWEVER LONG IT TAKES. THAT'S MY MOTION. >>JOHN DINGFELDER: I'LL SECOND YOUR MOTION. JUST LET ME GET A CLARIFICATION, JOE. HE'S ALREADY TAKEN ONE, BUT YOU WANT HIM TO TAKE ANOTHER ONE? >>JOSEPH CAETANO: EVIDENTLY, HE MAY NEED ANOTHER ONE. >>JOHN DINGFELDER: I THINK THAT'S A GOOD IDEA, AND I'LL SECOND THE MOTION. >>KEVIN WHITE: LET ME PUT ON THE RECORD I WILL NOT BE SUPPORTING THE MOTION ON THE FLOOR. THIS IS NOT A CASE, AS FAR AS I'M CONCERNED, OF SECRETARY CHANCES BECAUSE MR. HAMBIR IS EMPLOYED NOW. HE IS EMPLOYED BY THIS PARTICULAR CAB COMPANY. IT IS IN PINELLAS. BUT WHEN I LOOK AT THE RECORD, FAILURE TO FOLLOW TAXICAB STAND PROCEDURES, BATTERY, FIST FIGHTING WITH ANOTHER DRIVER IN FRONT OF PASSENGERS, RUDE AND RECKLESS DRIVING, USING PROFANITY IN FRONT OF CUSTOMERS, DISTURBANCE AT THE SEAPORT, FAILURE TO FOLLOW PROCEDURES, AGAIN, CRASHED INTO ANOTHER TAXICAB, THIS IS WHAT I'M REMEMBERING FROM THE LAST RECORD. HE ACTUALLY HIT ANOTHER TAXICAB AND REACHED IN AND GRABBED A CUSTOMER OUT OF A TAXI. >> POINT OF ORDER. POINT OF ORDER. POINT OF ORDER. >>KEVIN WHITE: LET ME FINISH. >> A POINT OF ORDER HAS PREFERENCE OVER ANYTHING YOU HAVE TO SAY. >>KEVIN WHITE: I HAVE THE FLOOR. >>JOHN DINGFELDER: POINT OF ORDER. >>KEVIN WHITE: I HAVE THE FLOOR. >>JOHN DINGFELDER: YOU CANNOT TESTIFY AS THE CHAIRMAN. YOU CANNOT TESTIFY AS THE CHAIRMAN. IT'S WRONG. MR. PEREZ, YOU HAVE TO OPINE ON THIS. >>KEVIN WHITE: I PASS THE GAVEL. >>JOHN DINGFELDER: MR. PEREZ, I'M ASKING YOU FOR AN OPINION. >>ORLANDO PEREZ: WITH REGARD TO PROCEDURAL MATTER? >>JOHN DINGFELDER: WITH REGARD TO MR. CHAIRMAN TESTIFYING TO THINGS I'M NOT SEEING IN THE RECORD. IF I'M NOT SEEING IT IN THE RECORD, I DON'T UNDERSTAND HOW HE HE CAN TESTIFY. >>KEVIN WHITE: I AM READING THE RECORD HERE. >>JOHN DINGFELDER: BUT YOU WENT ON FURTHER. IT SAYS CRASHED INTO A TAXICAB, BUT YOU WENT ON FURTHER. YOU CAN'T DO THAT. >>KEVIN WHITE: 1999 CRASH, 2000 SPEEDING, 2000 CRASH AGAIN, 2001 CRASH, 2004 CRASH. WILL NOT BE IN SUPPORT OF THE MOTION. >>JOHN DINGFELDER: I'M SORRY FOR BEING LOUD. I APOLOGIZE. >>JOSEPH CAETANO: EXCUSE ME, MR. WHITE. >>JOHN DINGFELDER: CAN I APOLOGIZE TO THIS COUNCIL? THANK YOU. I APOLOGIZE TO THIS COUNCIL FOR BEING LOUD, BUT I AM CONCERNED ABOUT DUE PROCESS BECAUSE THAT'S ALL WE'RE ABOUT. THANK YOU. >>JOSEPH CAETANO: MR. WHITE, THAT'S WHY I THINK HE NEEDS THE MANAGEMENT CLASS BECAUSE EVERYTHING YOU POINTED OUT -- >>KEVIN WHITE: YOU TALKING ABOUT MR. DINGFELDER? >>JOSEPH CAETANO: NO. >>KEVIN WHITE: I'M SORRY. [LAUGHTER] >>JOSEPH CAETANO: MAYBE WE CAN GET A TWO FOR ONE. THE GENTLEMAN WHO IS APPLYING FOR THIS APPLICATION HERE, PERHAPS EVERYTHING YOU TALKED ABOUT WAS ANGER. HE TOOK SOMEBODY -- I MEAN, EVERYBODY SAW IT ON NATIONAL TV THE OTHER DAY WHERE A GUY GOT OUT OF A BICYCLE AND TOOK A CABBIE, AND THEY'RE FIGHTING IN THE STREET. THAT HAPPENS. WE HAVE TO DECREASE OUR UNEMPLOYMENT LINES, AND MAYBE THIS WILL HELP. >>KEVIN WHITE: MR. RAULERSON. >>DAN RAULERSON: THANK YOU, MR. CHAIRMAN. I WANT TO GO ON THE RECORD SAYING BECAUSE OF THE PERVASIVENESS OF THE BEHAVIOR, THE NUMBER OF OCCURRENCES OF THE BEHAVIOR, THE RECENT DATES OF THE BEHAVIOR, I CAN IN NO WAY SUPPORT THIS APPLICATION. I AM GOING TO GO ON RECORD AS STATING SUCH, AND I DON'T THINK ANGER MANAGEMENT IS AN ISSUE. I THINK IT'S A BASIC BEHAVIORAL PROBLEM THAT WE NEED TO BE VERY CAREFUL ABOUT ALLOWING THAT ELEMENT INTO OUR PUBLIC TRANSPORTATION IN HILLSBOROUGH COUNTY, SO I'M GOING TO VOTE AGAINST THIS. >>KEVIN WHITE: WE HAVE A MOTION AND A SECOND FOR APPROVAL. ALL IN FAVOR OF THAT MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] OPPOSED, NAY. [CHORUS OF NAYS] MOTION FAILS 3-2. THANK YOU. WE WILL MOVE ON TO OUR ATTORNEY'S REPORT, PLEASE. MR. PEREZ. >>ORLANDO PEREZ: YES. FOR THE ATTORNEY'S REPORT, WHAT I WANTED TO DO IS BRING YOU UP TO SPEED A LITTLE BIT JUST BRIEFLY WITH REGARD TO SOME MATTERS WHICH HAVE OCCURRED WITH REGARD TO PRIOR ACTIONS OF THE BOARD INVOLVING THE NEVs. IF YOU RECALL, ONE OF THE DIRECTIONS THAT WAS PROVIDED TO OUR OFFICE WAS TO PURSUE SEEKING AN ADVISORY OPINION FROM THE ATTORNEY GENERAL'S OFFICE, AND SHORTLY AFTER THE MEETING, WE WENT THROUGH THE PROCESS OF PREPARING THAT DOCUMENT AND SUBMITTING IT TO THE ATTORNEY GENERAL'S OFFICE. WE HAVE SINCE RECEIVED CORRESPONDENCE THAT THE ATTORNEY GENERAL'S OFFICE WILL NOT BE ISSUING AN OPINION ON THE MATTER, AND THE BASIS IS THAT THERE HAS BEEN A LAWSUIT FILED, ALSO IN OCCURRENCE, WHICH HAPPENED AFTER YOUR MEETING. RED TOP CAB COMPANY HAS FILED A LAWSUIT SEEKING DECLARATORY RELIEF WITH REGARD TO ISSUES INVOLVING FOR-HIRE COMPENSATION AND HOW THOSE COULD BE CONSTRUED WITH REGARD TO THE PTC'S JURISDICTION OVER WHAT RED TOP REFERS TO AS ITS GREEN FLEET. IN LIGHT OF THAT LITIGATION, THE ATTORNEY GENERAL'S OFFICE WILL NOT BE ISSUING AN OPINION. SO WE'RE IN THE COURSE OF DEFENDING THAT ACTION AND WILL BE FILING APPROPRIATE PLEADINGS IN DEFENSE OF THAT ACTION BUT WANTED TO BRING THAT TO YOUR ATTENTION, THAT THOSE HAVE BEEN SOME OF THE MAJOR DEVELOPMENTS ON THAT, AND THIS ISSUE, THE STANDARD WARNING THAT THIS IS A MATTER IN LITIGATION. SO NOT NECESSARILY ASKING FOR ANY ACTION, BUT ANY COMMENTS SHOULD BE MADE -- IF ANY WANT TO BE MADE SHOULD BE MADE WITH THAT WARNING THAT IT IS A MATTER IN LITIGATION. THANK YOU. >>KEVIN WHITE: THANK YOU, MR. PEREZ. NEXT ITEM IS OUR LEGISLATIVE UPDATE. MR. DiMAIO, COME FORWARD. BEFORE WE HAVE OUR UPDATE FROM OUR LEGISLATIVE REPRESENTATIVE, OUR LOBBYIST, I'D JUST LIKE TO MAKE A COMMENT REAL QUICKLY FOR THE RECORD. THERE WAS AN ARTICLE TODAY IN THE TAMPA TRIBUNE THAT SAYS THAT MR. DiMAIO, OUR LOBBYIST, EVIDENCELY RECEIVED SPECIAL FAVOR, IF YOU WILL, FOR THE HIRING OF HIS POSITION BECAUSE OF HIS PERSONAL RELATIONSHIP WITH ME. FIRST OF ALL, FOR THE RECORD, I WOULD LIKE TO SAY THAT IS ABSOLUTELY UNTRUE. WHEN MR. DiMAIO WAS APPLYING FOR THIS POSITION AND -- AND MR. PEREZ, PLEASE CORRECT ME IF I'M WRONG -- EACH TIME THAT ANY VOTE EVER CAME BEFORE THIS COMMISSION, I EXPRESSED MY PRIOR DEALINGS AND RELATIONSHIPS, BUSINESS RELATIONSHIPS, WITH MR. DiMAIO AND ACTUALLY ASKED YOUR OPINION BECAUSE I WANTED TO ABSTAIN. YOU ASKED IF I STILL HAD AN ONGOING BUSINESS, PERSONAL OR FINANCIAL RELATIONSHIP WITH MR. DiMAIO AT THAT TIME. I STATED THAT I DID NOT, AND YOU TOLD ME THAT IT WOULD BE INAPPROPRIATE FOR ME TO ABSTAIN AND I WOULD HAVE TO VOTE ON THOSE PARTICULAR ISSUES. AM I CORRECT SO FAR? >>ORLANDO PEREZ: YES. JUST TO PARAPHRASE, YOU HAVE TO HAVE A SPECIAL PRIVATE GAIN INURING TO YOUR BENEFIT IN ORDER TO HAVE A CONFLICT, AND THE RECORD REFLECTS THAT WE HAD AN EXCHANGE WHERE WE ASKED ABOUT THAT, AND YOU SAID THERE WOULD BE NO SPECIAL PRIVATE GAIN TO YOU BASED ON THE RESULT OF THAT RULING -- OR THE VOTE. AND BASED ON THAT ASSUMPTION, THE ADVICE WOULD BE THAT THERE WOULD BE NO BASIS UPON WHICH TO ABSTAIN. >>KEVIN WHITE: THANK YOU. AND AS WELL AS THE -- AND THAT VOTE WAS A VOTE OF THIS ENTIRE BOARD, NOT ONE VOTE OF THIS PARTICULAR MEMBER OF THE BOARD, AND I IN NO WAY EVER SPOKE TO ANY OTHER BOARD MEMBER OR ANYTHING ELSE INAPPROPRIATE TO TRY AND SWAY ANYBODY'S VOTE TO HELP MR. DiMAIO IN ANY WAY, SHAPE, FORM, OR FASHION, AS WELL AS WITH HIS NEW CONTRACT THAT WAS ALSO MENTIONED IN TODAY'S PAPER WITH HIS REDUCTION IN PAY. I TALKED TO THAT. I TALKED TO OUR EXECUTIVE DIRECTOR, MR. CAESAR PADILLA, WHO ACTUALLY DID NOT WANT TO RENEW THE CONTRACT BECAUSE OF ECONOMIC TIMES, AND MR. DiMAIO EVIDENTLY, COMING TO FIND OUT NOW, TOOK IT UPON HIMSELF TO LOBBY EACH COMMISSIONER INDIVIDUALLY AND BROUGHT IT BEFORE THE BOARD'S ATTENTION, AND I'M SURE IT EVIDENTLY PASSED AFTER THE LAST VOTE. I JUST WANT TO PUT IT ON THE RECORD TO BE PERFECTLY CLEAR IN NO WAY, SHAPE, OR FASHION DID MR. DiMAIO GET ANY PREFERENTIAL TREATMENT FROM THIS COMMISSIONER NOR DO I BELIEVE ANY OTHER COMMISSIONER THAT'S ON THIS BOARD, AND EVERYTHING WAS DONE ABOVEBOARD AND WITHOUT PREJUDICE WHATSOEVER. WITH THAT BEING STATED, MR. DiMAIO, IF YOU WOULD COME AND GIVE US OUR LEGISLATIVE UPDATE. JUST A MOMENT. I'M SORRY. MR. DINGFELDER HAD A QUESTION. >>JOHN DINGFELDER: JUST A QUICK QUESTION. I WAS READING, IT LOOKS LIKE YOU HAVE TWO ISSUES TO TALK TO US ABOUT. ONE IS THE LIMOUSINE ISSUE AND THE VARIOUS OPTIONS AND RECOMMENDATIONS, AND THEN YOU'VE GOT THE, OF COURSE, OUR LEGISLATIVE UPDATE. ON THE LIMOUSINE ISSUE, I DON'T KNOW HOW THE REST OF THE BOARD FEELS ABOUT IT, BUT I JUST RECEIVED THIS -- THESE TWO REPORTS, THE OPPAGA REPORT AND THE CUTR REPORT, AND I'D LIKE TO HAVE A CHANCE TO READ THEM BEFORE WE GET INTO IT. SO I'D LOVE FOR US TO AT LEAST DEFER THIS FOR A MONTH SO WE CAN ALL GET A LITTLE BETTER EDUCATED ON THIS TOPIC. BECAUSE IT'S A VERY IMPORTANT TOPIC, BUT ANYWAY. >>KEVIN WHITE: DO YOU WANT TO MAKE THAT IN THE FORM OF A MOTION? >>JOHN DINGFELDER: I MEAN, IF IT'S OKAY WITH EVERYBODY ELSE, THAT'S WHAT I'D LIKE TO DO. MOVE IT. >>KEVIN WHITE: MOVED BY MR. DINGFELDER, SECOND BY MR. CAETANO. ALL IN FAVOR OF THAT MOTION, SAY AYE. [CHORUS OF AYES] MOTION PASSES. >> CORRECT ME IF I'M WRONG, BUT THOSE REPORTS ARE DATED 1999. IS THAT CORRECT? >> CORRECT. >> AND I UNDERSTAND, YOU KNOW, WANTING TO STUDY THE REPORTS, BUT MY QUESTION IS IS THE DATA STILL RELEVANT? BECAUSE I'VE NOTICED -- I READ THE REPORTS, AND IN ONE OF THE REPORTS, THEY ALLUDE TO THE FACT THAT THERE'S CONTINGENCY FUNDS THAT ARE NOT ENOUGH OR SOMEHOW LACKING OR DEFICIENT IN CONTINGENCY FUNDS, AND IN FACT, WE HAVE $250,000 SITTING IN OUR CONTINGENCY FUND TODAY. SO I THINK THAT WE MAY -- IF WE DO STUDY IT, I THINK WE NEED TO STUDY IT WITH SOME -- SOME CAUTION AS TO HOW MUCH OF THIS DATA IS STILL RELEVANT. AND THE CONCLUSIONS OF THE REPORTS ARE BASICALLY THAT EVERYTHING IS GOING FINE AND THERE'S NO COMPELLING REASON TO CHANGE THE WAY WE'RE DOING BUSINESS. >>CESAR PADILLA: YES, SIR, THE INTENT OF PUTTING THOSE TWO REPORTS IN THERE WAS JUST TO LET YOU KNOW THAT A STUDY WAS DONE IN THE PAST AND WHAT THE PROCESS WAS FOR THE STUDY. ARE THEY OUTDATED? ABSOLUTELY. AND THE CONCLUSION BASICALLY IS THAT FOR US TO HAVE A -- AN EDUCATED GUIDANCE FOR, YOU KNOW, WHETHER IT'S FOR A [INDISCERNIBLE] WHATEVER THE CASE MAY BE. LIKE I SAID, ONE OF THE RECOMMENDATIONS IS TO HAVE AN INDEPENDENT STUDY DONE BASED ON THOSE CRITERIAS. >>DAN RAULERSON: AND COMMISSIONER DINGFELDER, I'D LIKE YOUR OPINION ON THIS. I THINK IF WE HAVE TEN-YEAR DATA AND THEN THE QUESTION BECOMES IS THERE A COMPELLING REASON OR IS THERE AN OUTCRY FOR AN UPDATED STUDY, YOU KNOW, BECAUSE IN READING THIS, I REALLY, QUITE FRANKLY, GOT NOTHING OUT OF IT. THERE REALLY WAS NO SUBSTANCE HERE THAT REALLY TOLD ME OR EDUCATED ME OR COMPELLED ME TO DO ANYTHING DIFFERENT AS A COMMISSIONER ON THIS BOARD. SO I THINK AS AN EDUCATIONAL EXERCISE, IT WAS FAIRLY USELESS, AND IF WE WERE TO -- AND THEN MY QUESTION NOW, HAVING SAID THAT, IS THERE ANY REASON OR IS THERE AN OUTCRY FROM ANYBODY FOR US TO DO ANOTHER STUDY FOR ANY PARTICULAR REASON? >>CESAR PADILLA: THE ONLY ANSWER I HAVE FOR THAT IS THE NEED BECAUSE SOME PEOPLE ASK FOR THE LIMOUSINE INDUSTRY TO BE CAPPED. OKAY? SO WHAT WE'RE TRYING TO FIND IS, OKAY, DO WE HAVE TO -- DO WE HAVE A NEED TO CAP THE LIMOUSINE INDUSTRY? ARE THERE OTHER WAYS TO DO IT? >>DAN RAULERSON: WE ARE NOT, UNDER CURRENT STATUTE, ABLE TO CAP? >>CESAR PADILLA: CORRECT. >>DAN RAULERSON: BUT WE ARE ABLE TO HAVE A $5,000 ENTRY FEE? >>CESAR PADILLA: CORRECT. >>DAN RAULERSON: SO THAT'S KIND OF THE PROCESS WE'RE GOING THROUGH NOW. >>CESAR PADILLA: CORRECT. >>DAN RAULERSON: OKAY. I JUST WANTED TO MAKE SURE WE HAVE THAT CLEAR. >>KEVIN WHITE: OKAY. WE PUT THAT OFF TILL NEXT MONTH, SO I DON'T THINK YOU HAVE ANYTHING. LEGISLATIVE UPDATE. PUT YOUR NAME ON THE RECORD. >> VICTOR DiMAIO, DiMAIO AND ASSOCIATES. WE DO HAVE A BILL WE PUT TOGETHER, A VERY SHORT, SWEET BILL, THAT ADDRESSES THE ISSUE WE TRIED TO BRING UP LAST YEAR CONCERNING THE NONCONSENSUAL TOW PROBLEM THAT'S KIND OF A PROBLEM HERE IN HILLSBOROUGH COUNTY, AND IT'S A VERY SIMPLE BILL, AND I'D LIKE YOUR APPROVAL TO MOVE FORWARD WITH THAT AND TRY TO GET THAT. >>KEVIN WHITE: I CAN'T HEAR YOU. CAN YOU SPEAK UP A LITTLE BIT? >> YES. WE PUT TOGETHER A VERY SHORT, SIMPLE, SWEET BILL TO -- FOR YOUR CONSIDERATION FOR US TO TAKE TO TALLAHASSEE. THIS IS REALLY THE PART -- THE MOST IMPORTANT PART OF THE BILL FROM LAST YEAR WAS TRYING TO GET A HANDLE ON THE PROBLEM WITH NONCONSENSUAL TOWING IN HILLSBOROUGH COUNTY, AND IT'S BEEN A SERIES OF ARTICLES IN THE PAPERS AND CHANNEL 28 AND SEVERAL OTHER TV STATIONS HAVE DONE NUMEROUS STORIES ON THE PROBLEM OF THESE NONCONSENSUAL TOWERS, IMPOUND TOWERS THAT TOW YOUR CAR OFF THE LOTS WHEN YOU PARK IN THE WRONG PLACE, SO FORTH. THIS IS A BILL WE'VE BEEN WORKING ON NOW FOR -- THIS IS OUR THIRD SESSION TRYING TO GET THIS PIECE OF LEGISLATION PASSED, SO I'D APPRECIATE YOUR CONSIDERATION ON THAT. >>KEVIN WHITE: MR. DINGFELDER. >>JOHN DINGFELDER: THANK YOU. VICTOR, I'M LOOKING AT THE TWO PAGES THAT ARE ATTACHED. IT APPEARS TO BE A BILL -- WAS THIS LAST YEAR'S BILL, OR IS THIS THE ONE YOU'RE TALKING ABOUT? >> I'M NOT SURE WHICH ONE YOU'RE LOOKING AT. >>ORLANDO PEREZ: THE TWO PAGES YOU HAVE BEFORE YOU ARE NOT LAST YEAR'S BILL. THEY WERE REVISED FROM LAST YEAR'S BILL. SO LAST YEAR'S BILL WAS USED AS A BASE TO DEVELOP THIS, BUT THIS IS NOT THE SAME AS YOU APPROVED LAST TIME. >>DAN RAULERSON: SO WHAT DOES THIS BILL DO? >>JOHN DINGFELDER: WHAT DOES THIS BILL DO? >>ORLANDO PEREZ: THE SUBSTANTIVE IS THE TERM "WRECKER" IS REDEFINED, AND THE INTENT IS TO CAPTURE NOT ONLY GOVERNMENT TOWS WHICH YOU CURRENTLY HAVE JURISDICTION, BUT ALSO TO EXPAND THAT JURISDICTION TO COVER NONCONSENSUAL PRIVATE TOWING THAT GOES ON THAT MR. DiMAIO ALLUDED TO. >> I'M SORRY. GO AHEAD. >>JOHN DINGFELDER: DOESN'T IT ESSENTIALLY ADDRESS CONSENSUAL, NONCONSENSUAL. YOU ARE ADDRESSING IT THROUGH THE LANGUAGE TO ESSENTIALLY SAY ANY TOWING OPERATION, NO MATTER WHAT? >>ORLANDO PEREZ: NO, THE REFERENCE COMES IN TO 715.07 OF FLORIDA STATUTES. THAT LITTLE PART THERE IS WHAT'S TALKING ABOUT YOUR NONCONSENSUAL ENVIRONMENT. THAT IS, FOR THE FOLKS AT HOME, USED BY ANY PERSON ENGAGED IN TOWING OR STORING VEHICLES PURSUANT TO SECTION 715.07, AND THAT'S THE STATUTE WHICH OUTLINES THE CONDITIONS UNDER WHICH A PRIVATE TOW OF NONCONSENSUAL NATURE COULD GO ON AND IDENTIFIES THOSE CONDITIONS WHICH ARE APPROPRIATE OR REQUIRED BEFORE SUCH A TOW COULD HAPPEN. >>JOHN DINGFELDER: I HAD MEMORIZED EVERY OTHER STATUTE BUT THAT ONE. SORRY. [LAUGHTER] >> JUST FOR THE RECORD, TO LET YOU KNOW, WE WORK VERY CLOSELY WITH MIKE SIEMENS. I SPOKE WITH HIM JUST THE DAY BEFORE YESTERDAY, FROM THE PROFESSIONAL WRECKER ASSOCIATION OF FLORIDA, PWF. I SPOKE WITH STEVE MICHELINI IS HERE FROM THE HILLSBOROUGH COUNTY TOWING ASSOCIATION. WE WORK CLOSELY WITH THE INDUSTRY TO TRY TO GET EVERYBODY ONBOARD TO AGREE WITH THIS. IF STEVE WANTS TO SPEAK, HE IS WELCOME TO. HE IS HERE TODAY TO TALK ABOUT THEIR RECOMMENDATION, ENDORSEMENT OF WHAT WE'RE TRYING TO DO. >>KEVIN WHITE: WELCOME, MR. MICHELINI. >> GOOD MORNING, SIR. STEVE MICHELINI. I'M HERE ON BEHALF OF THE HILLSBOROUGH COUNTY TOWING ASSOCIATION. WE HAVE A WORKSHOP COMING UP ON FRIDAY, AND WHAT I'D LIKE TO DO IS, IF WE COULD, IS TO HAVE VIC COME AND TALK TO US ABOUT IT BECAUSE WE ALSO HAVE SOME RULE CHANGES BEING ENTERTAINED THERE SO WE MAKE SURE EVERYBODY UNDERSTANDS EXACTLY WHAT THIS PROPOSED LEGISLATION DOES. GENERALLY SPEAKING, YOU KNOW, WE'VE BEEN ADVOCATES FOR CONTROLLING NONCONSENSUAL TOWING BECAUSE THEY HAVE BEEN SOME OF THE GREATEST OFFENDERS OF PUBLIC TRUST, AND WE HAVE SOME SERIOUS CONCERNS THERE. WE JUST WANT TO MAKE SURE THAT THE LEGISLATION DOESN'T INADVERTENTLY CAUSE SOME OTHER PROBLEM. BUT NONCONSENSUAL TOWING IS A PROBLEM, AND WE'D LIKE TO ADDRESS IT. WE JUST WANT TO MAKE SURE THAT, ALONG WITH THE REST OF MY BOARD MEMBERS, THAT WE'RE VERY COMFORTABLE WITH WHAT'S BEING PROPOSED. SO I SUGGEST THAT IF WE COULD HAVE VIC COME ON FRIDAY AND DISCUSS EXACTLY, AND CERTAINLY MR. PEREZ, WHAT THIS LEGISLATION -- WHAT THE IMPACT IS, AND THEN HOPEFULLY COME BACK TO YOU WITH A RECOMMENDATION ON OUR POSITION. THE PWF, JUST FOR THE RECORD, DOES NOT REPRESENT THE HILLSBOROUGH COUNTY TOWING ASSOCIATION. THAT'S A STATEWIDE ORGANIZATION. AND SOME OF THE MEMBERS ARE -- FROM HILLSBOROUGH COUNTY ARE MEMBERS OF THAT. MOST ARE NOT. SO I WOULD STRONGLY ENCOURAGE US TO BE LOOKING AT THE HILLSBOROUGH COUNTY TOWERS FOR THE PREFERENCE ON THIS AS OPPOSED TO A STATE ORGANIZATION, WHICH HAS LIMITED MEMBERSHIP. THANK YOU. >>KEVIN WHITE: WE'D CERTAINLY ADVOCATE MR. DiMAIO DOING AS MUCH WORK AS POSSIBLE. >> TO FINISH UP, FOR THE RECORD, AAA, THE FIRST PROBLEM WITH THE VERY FIRST BILL, WE WANTED TO MAKE SURE WE DIDN'T INCLUDE CONSENSUAL TOWERS, WHEN YOU CALL AAA TO PICK UP YOUR CAR WHEN IT BREAKS DOWN, THEY ARE NOT INCLUDED IN THIS BILL, SO AAA AND THOSE TYPE OF TOWS ARE EXEMPT FROM THIS BILL. THIS IS STRICTLY NONCONSENSUAL TOWERS WHERE PEOPLE TOW YOUR CAR WITHOUT CONSENT. THERE'S ALSO ANOTHER PART IN THE STATUTE FOR REPO TOWERS. THAT'S IN ANOTHER PART OF THE STATUTE THAT DOESN'T COME IN OUR JURISDICTION, JUST TO GIVE YOU SOME INFORMATION THERE. >>KEVIN WHITE: THANK YOU VERY MUCH. WE HAVE A COUPLE OF ITEMS FOR OLD BUSINESS THAT MR. PADILLA WOULD LIKE TO CLEAN UP. >>CESAR PADILLA: YEAH, VERY QUICKLY, SIR. WE'RE REVISING THE 2010 CALENDAR FOR OUR MEETINGS. WE HAVE A CONFLICT WITH THE JULY AND NOVEMBER FOR THE BOCC HAS A MEETING DURING THAT TIME, AND ALSO WE HAVE -- THE EPC HAS A MEETING DURING NOVEMBER, SO I WILL ASK RIGHT NOW, I CAN RESCHEDULE THE PTC MEETING FOR A DIFFERENT WEDNESDAY, OR YOU CAN VOTE TO NOT TO HAVE THE MEETINGS ON THOSE TWO MONTHS AND JUST GO AHEAD AND -- >>KEVIN WHITE: WE NORMALLY DON'T DO ONE. IS THAT JUNE OR JULY? >>CESAR PADILLA: NORMALLY THAT'S JULY. THAT'S WHEN MOST EVERYBODY IS ON SUMMER VACATION. >>KEVIN WHITE: SO I DON'T SEE ANY REASON WHY WE COULDN'T CONTINUE OUR PATTERN OF NOT DOING THE JULY. OF COURSE, IT'S UP TO THE BOARD. PERSONALLY, I DON'T HAVE A PROBLEM WITH RESCHEDULING -- WHEN WAS THE OTHER ONE? NOVEMBER? >>CESAR PADILLA: NOVEMBER, SIR. >>KEVIN WHITE: WE CAN JUST CHECK THE CONDUCIVENESS OF EVERYBODY'S SCHEDULE. IF WE NEED TO TAKE ACTION TO GO AHEAD AND DELETE THE ONE IN JULY LIKE WE NORMALLY DO, WE CAN DO THAT NOW IN THE FORM OF A MOTION IF SOMEONE WOULD WANT TO MOVE THAT. >> SO MOVE. >> SECRETARY. >>KEVIN WHITE: WE HAVE A MOTION AND SECOND TO NOT HAVE THE JULY 2010 MEETING. ALL IN FAVOR OF THAT MOTION, SIGNIFY BY AYE. [CHORUS OF AYES] OPPOSED, NAY. AND -- >>CESAR PADILLA: NOVEMBER YOU WANT ME TO RESCHEDULE? >>KEVIN WHITE: WE'LL DO RESCHEDULE AND JUST CHECK COMMISSIONERS' SCHEDULES AND WE'LL, OF COURSE, PUT IT OUT IN PUBLIC NOTICE. IS THAT IT? >>CESAR PADILLA: ONE LAST ONE. WE RECEIVED THE ESTIMATE OF THE POPULATION FOR HILLSBOROUGH COUNTY, AND FOR SOME PEOPLE, IT'S GOOD NEWS; FOR SOME PEOPLE, IT'S BAD NEWS. THE GOOD NEWS IS THAT I DON'T HAVE TO ISSUE ANY TAXI PERMITS. THE BAD NEWS IS THAT WE HAVE ABOUT 3,000 PEOPLE SHORT FROM LAST YEAR'S COUNT. SO THAT'S -- >>KEVIN WHITE: NOT GOING TO TAKE ANY BACK, THOUGH. [LAUGHTER] MR. PEREZ. >>ORLANDO PEREZ: WITH REGARD TO THE LEGISLATIVE UPDATE AND THE PRESENTATION BY MR. DiMAIO, THE COMMISSION HEARD FROM THAT, BUT THE GAME PLAN WITH REGARD TO THAT, I THINK WE DISCUSSED AT THE PRIOR MEETING IS THAT THERE'S A DEADLINE COMING UP WITH REGARD TO SUBMISSION OF LOCAL BILLS ON NOVEMBER 20th, AND ESPECIALLY IN LIGHT OF YOUR RESCHEDULING OF THE NOVEMBER MEETING, IT WOULD BE APPROPRIATE TO RECEIVE DIRECTION FROM THIS COMMITTEE WITH REGARD TO WHETHER YOU WOULD LIKE THIS BILL PROCESSED AND SUBMITTED AND GO FORWARD WITH THIS OR HAVE ANY OTHER CHANGES THAT YOU'D LIKE OR ANY OTHER LEGISLATIVE PROPOSALS YOU'D LIKE. >>KEVIN WHITE: THAT WAS FOR THE NOVEMBER 2010 MEETING, WASN'T IT? THAT WASN'T THIS NOVEMBER. >>CESAR PADILLA: THAT'S CORRECT, THAT'S NOVEMBER 2010. >>KEVIN WHITE: THE RESCHEDULING. >>ORLANDO PEREZ: I'M SORRY. I THOUGHT YOU WERE TALKING ABOUT THE NEXT MEETING. THE DEADLINE IS NOVEMBER 20th THIS YEAR FOR THE SUBMISSION FOR THE LEGISLATIVE SESSION. >>KEVIN WHITE: OKAY. I GUESS I SHOULD REQUEST THE BOARD TO MOVE FORWARD. IS IT OKAY TO MOVE FORWARD WITH THE BILL? >>KEVIN WHITE: WE'RE ABOUT TO GET A MOTION FOR THAT. >>JOHN DINGFELDER: MR. CHAIRMAN, I AGREE. I THINK WE SHOULD GO AHEAD AND FORMALIZE THAT. I MOVE THAT WE DIRECT STAFF AND LEGAL TO INTRODUCE THE BILL AS WE'VE REVIEWED IT TODAY. >> AND I'LL SECOND. >>KEVIN WHITE: WE HAVE A MOTION AND SECOND FOR SUBMISSION AS REVIEWED. ALL IN FAVOR, AYE. [CHORUS OF AYES] MOTION PASSES. ANY NEW BUSINESS? ANY COMMISSIONER COMMENTS? WE STAND ADJOURNED UNTIL NEXT MONTH. 1