HARTMAN TRANSPORTATION, INC., D/B/A CENTRAL FLORIDA BUS LINES, PETITIONER,
v.
PAULA F. HAWKINS, WILLIAM T. MAYO, AND ROBERT T. MANN, RESPONDENTS

Fla. | 1978-12-21
No. 53613
England, C. J., Overton, J., Sundberg, J., Hatchett, J., Alderman, J.
366 So. 2d 430 Florida Supreme Court (1978)

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Synopsis

The Florida Supreme Court affirmed the Public Service Commission's order denying Hartman Transportation authorization to originate charter bus service at McCoy Jetport because the airport was not a point on the company's regular certificate route.


Holding

A bus company may not originate charter service at a location not on its regular certificate route without specific authorization.


Headnotes

[1] A motor carrier may originate charter service at a location only if that location is a point on its regular certificate route or if it has obtained specific authorization…

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Facts & Procedural History

Hartman Transportation, Inc. operated regular bus service between Pine Hill Shopping Center in Orlando and Gate 3 of Kennedy Space Center. The company…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for writ of certiorari, we have for review an Order of the Public Service Commission which holds that petitioner, Hartman Transportation, Inc., is not authorized to originate charter bus service at McCoy Jetport in Orlando. We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. We agree with the Public Service Commission’s holding and deny the petition.

Petitioner relies on this Court’s earlier decision in Hartman Transportation, Inc. v. Bevis, 293 So. 2d 37 (Fla.1974), as authority for the position that it is authorized to originate charter service at McCoy Jetport. In Hartman Transportation, Inc., supra, we held that this same petitioner had authority, as a matter of right, to conduct charter operations over the “closed door” portion of its regular certificate routes between Melbourne and Kennedy Space Center. Hartman Transportation, Inc., supra, is distinguishable because in the present case McCoy Jetport is not a point on petitioner’s regular certificate route between Pine Hill Shopping Center at Orlando and Gate 3 of the Kennedy Space Center, and thus, petitioner is not authorized, pursuant to Section 323.14(1), Florida Statutes (1969), to originate charter bus service at McCoy Jetport.

Accordingly, the petition is denied.

ENGLAND, C. J., and OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.


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