§ 33-290. Application and review for driver's permit.

(a)

Application. Any person being eighteen (18) years of age or older may make application to the administrator for a driver's permit. The written application shall include the following items:

(1)

Applicant's name, date of birth, sex, race or national origin, and any aliases or former legal names used during the preceding five-year period;

(2)

Applicant's home address and mailing address;

(3)

Applicant's home phone number and work phone number;

(4)

Proof that the applicant holds a valid Florida Driver's License;

(5)

The names, addresses, and phone numbers of the applicant's existing employer;

(6)

A sworn affidavit by the applicant which states that the applicant has not been convicted, within the past five (5) years, nor has any charges pending against him or her, for any of the following crimes:

a.

Driving under the influence of drugs or alcohol,

b.

Reckless driving,

c.

Any crime designated as a felony in Florida, or any crime outside Florida which would be considered a felony in Florida,

d.

Any crime involving the sale or possession of controlled substances as defined by F.S. § 893.03, or any crime involving drug paraphernalia as defined by F.S. § 893.145,

e.

The Florida RICO Act,

f.

Exposure of the sexual organs and any crime defined under F.S. ch. 800, or

g.

Any crime defined as prostitution under F.S. ch. 796;

(7)

The name, address and phone number of the non-motorized vehicle-for-hire decal-holder for which the applicant is working or intends to work;

(8)

Consent to FDLE and NCIC inquiry;

(9)

Such other information as the administrator may require of all applicants; and

(10)

Payment of an application fee, established by resolution of the county commission.

(b)

Completeness review. Upon receipt of an application and evidence of the payment of the application fee, the administrator shall review the application to ensure that the application is complete and all information requested has been provided.

(c)

Final review. If the application is deemed complete by the administrator, then the application and the affidavits shall be verified for accuracy by the administrator.

(d)

Issuance of a driver's permit. A driver's permit shall not be issued if:

(1)

Within the last five (5) years immediately preceding application, the applicant has been convicted of, or has pending charges for, any of the following:

a.

Driving under the influence of drugs or alcohol,

b.

Reckless driving,

c.

any crime which is designated as a felony in Florida, or any crime outside Florida which would be considered a felony in Florida,

d.

Any crime involving the sale or possession of controlled substances as defined by F.S. § 893.03, or any crime involving drug paraphernalia as defined by F.S. § 893.145,

e.

The Florida RICO Act,

f.

Exposure of the sexual organs and any crime defined under F.S. ch. 800,

g.

"Prostitution" as defined in F.S. ch. 796,

(2)

The applicant has an outstanding debt owed to the county, or

(3)

The applicant is a registrant in the National Sex Offender Registry database.

(e)

Appeal of denial of driver's permit.

(1)

Burden, evidentiary requirement and standard. An applicant may appeal the denial of a driver's permit pursuant to section 33-283. On appeal, the applicant shall have the burden of proof to show by substantial competent evidence that the applicant has been reformed, rehabilitated, and without any reasonable doubt, does not pose a safety risk to members of the public. Substantial competent evidence shall not include testimony of the applicant without verification by independent sources such as employment records, parole records, evidence of completion of drug and/or alcohol rehabilitation, and testimony of third parties. Ten (10) business days prior to the hearing, the applicant shall provide a list of the evidence and witnesses to the administrator. Failure to list the evidence or witnesses shall bar the submission of the unlisted evidence or witnesses during the appellate proceedings.

(2)

Special magistrate decision. On appeal, the special magistrate shall conduct a de novo review using the standard in paragraph (a) above and shall provide specific findings for his or her decision. After review, the special magistrate shall affirm the decision or overturn the decision of the administrator. Applicants shall be prohibited from reapplying for a driver's permit for ninety (90) business days following the date of any denial by the administrator and/or the special magistrate.

(Ord. No. 2017-17 , § 1, 10-17-17, effective 1-1-18)