§ 20-98. Suspension or revocation of certificate.

(a)

In the event that there is a change of ownership of any kind or nature in the persons or companies to whom the certificate was issued, the certificate may be suspended or revoked by the board of county commissioners for just cause. This subsection shall apply to changes in controlling stock ownership in any corporation, changes in partnerships or limited partnerships, and transfers between or from individuals of any interest in the operating company, regardless of whether any such transfers are voluntary or involuntary.

(b)

The certificate will be automatically suspended if it is transferred or assigned, either voluntarily or involuntarily, without the prior written approval of the county. If the certificate holder shall at any time become insolvent, or if proceedings in bankruptcy shall be instituted by or against the certificate holder, or if a receiver of any property of the certificate holder shall be appointed in any suit, or if the certificate holder shall make an assignment for the benefit of creditors, all rights and privileges under the certificate may be immediately suspended, without notice or hearing.

(c)

The certificate may be suspended or revoked if the board of county commissioners finds that one (1) or more of the following conditions exist:

(1)

The certificate holder has failed or refused to provide full and satisfactory service to the area covered by the certificate;

(2)

The certificate holder has been convicted of a felony or other offense involving moral turpitude; or, in the case of the certificate held by a partnership or corporation, a person with a substantial ownership interest has been convicted of such an offense; provided that such suspension or revocation is not in violation of Section 112.011, Florida Statutes;

(3)

The certificate was obtained by an application in which any material fact was intentionally omitted or falsely stated;

(4)

The certificate holder has failed to correct deficiencies in the operations permitted by his certificate, including but not limited to personnel and vehicle requirements, following reasonable notice to correct such deficiencies;

(5)

The certificate holder has allowed required insurance coverage to be cancelled, withdrawn or terminated, or the operator is determined by the board of county commissioners to be otherwise financially unable to maintain its services in compliance with all applicable laws and regulations;

(6)

The certificate holder has failed to comply with Chapter 401, Florida Statutes, Florida Administrative Code, Chapter 64E-2, or any other applicable federal, state or local law or rule or regulation.

(d)

Prior to suspension or revocation under this subsection, the certificate holder shall be notified in writing of the alleged deficiencies or grounds for suspension or revocation, and, where appropriate, a reasonable time to correct any deficiencies shall be provided. If the conditions have not been corrected within the time provided, the certificate may be temporarily suspended by the board of county commissioners, pending a hearing to determine whether indefinite suspension or revocation of the certificate is warranted.

(Code 1965, § 12A-28; Ord. No. 81-4, § 10, 3-9-81; Ord. No. 83-34, §§ 8, 9, 8-8-83; Ord. No. 96-24, § 1, 8-27-96; Ord. No. 2001-09, § 16, 5-1-01)