Florida Statute 341.102 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 341
PUBLIC TRANSIT

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341.102 Regulation of nonpublic sector buses.—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; s. 6, ch. 2012-6.

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Amendments to 341.102

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Cases Citing Statute 341.102

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Kozak v. Hillsborough Pub. Transp. Comm'n, 695 F. Supp. 2d 1285 (M.D. Fla. 2010).

Cited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 13241

...of his vehicles. (Dkt. 119, ¶ 4(s)). Procedural History Plaintiff initially filed this action in state court. It was removed to federal court. (Dkt. 1). In the original Complaint, Plaintiff alleged that his arrest was unlawful because Fla. Stat. §§ 341.102 and 559.939 and Article III, § 11(20) of the Florida Constitution prohibited the Commission from regulating state-licensed "sellers of travel" such as himself....

...travel." (Dkt. 44). The Thirteenth Circuit Court for Hillsborough County granted the Commission's motion for summary judgment, holding that the Commission had the authority to regulate "public vehicles" notwithstanding the provisions of Fla. Stat. §§ 341.102 and 559.939 and Article III, § 11(20)....

...Act, (b) the Commission's authority to regulate the operation of public vehicles in Hillsborough County does not extend to intercounty transportation, and (c) the Commission's authority to regulate Plaintiff's activities is "preempted" by Fla. Stat. § 341.102(1)....

...vehicles in which Plaintiff has operated and continues to operate [including Plaintiff's "15-passenger bus"] fall within the purview of the special act." (Dkt. 48-4 at 3) (emphasis added). Additionally, the circuit court determined that "Fla. Stat. § 341.102 does not shield Plaintiff from [Commission] regulation" since "Plaintiff's business activities fail to meet the criteria set forth under Fla. Stat. § 341.102 (1) or (2)." (Dkt....

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