06/30/1995
ADMINISTRATIVE HEARING
Taxi Permit Appeal - Vincent Macri
June 30, 1995 - 10:00 a.m.
Present: Jeffrey E. Harper, Information Management Director,
Robert J. Surette, Esquire, Assistant City Attorney/Police Legal Advisor
Jill Divens, Police Records Supervisor
Patricia Sullivan, Board Reporter
Also Present: Vincent Macri, Appellant
Appellant Exhibits: Letter of recommendation from Michael L. Dean of Jam-Jo Inc.
City Exhibits: A. Certified Copy of City Ordinance 25.082 of current code dealing
with the application, fee and qualification for an applicant seeking
to obtain a taxicab operator’s permit.
B. Copy of Florida Department of Law Enforcement records listing
appellant’s criminal history
C. Compilation of materials presented by Jill Divans
Jeffrey Harper, representing City Manager Elizabeth Deptula opened the meeting at
10:04 a.m. and explained the rules governing the procedures. He stated a ruling will be issued
within 10 days.
Mr. Macri explained he had been denied renewal of his taxicab operator permit by the
City of Clearwater. He said, according to the judge who adjudicated him guilty, he would not
have to indicate he was guilty of a felony when he applied for a job. Mr. Macri said he has
lived in Clearwater since 1983 and has no criminal record here. He indicated extenuating
circumstances relate to his case. In March 1994, his daughter’s boyfriend slapped her and
went to his grandfather’s house. Mr. Macri said he responded irrationally and went to the
grandfather’s house where he was subsequently arrested and charged with attempted
burglary.
Mr. Macri submitted a letter of recommendation from his employer.
Mr. Surette submitted a copy of City Ordinance 25.082 and a printout from the Florida
Department of Law Enforcement (FDLE) listing the criminal history of Vincent Macri. Mr.
Surette noted the ordinance states that being on probation for attempted burglary within two
years of application is grounds for denial. Mr. Surette said the FDLE printout indicates on May
23, 1994, the judge entered an order of probation for the count of attempted burglary. He said
that appears to be the basis for denial of the taxicab operator permit.
Mr. Macri said he did not dispute the facts regarding his probation but wanted to advise
the City on the circumstances of his arrest. He questioned if the judge’s offer to withhold
adjudication was of any value. Mr. Surette said it was not as the code was triggered by Mr.
Macri’s placement on probation. Mr. Surette said, according to code, application for a taxicab
operator permit cannot be made until two years after probation is terminated.
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Mr. Macri said he only remains on probation until he pays his fines. He said he has
never had a problem with the law before and wanted the City to understand the special
circumstances surrounding his case. He hoped an exception could be made.
Ms. Divens said Mr. Macri applied for the renewal of his taxicab operator permit on
January 31, 1995. Mr. Macri was notified of the denial on March 9, 1995. A copy of the permit
application, FDLE printout, and letter of denial were submitted for the record.
Mr. Macri reviewed the City’s exhibits and did not object to their submission.
Mr. Harper questioned if Mr. Macri felt Mr. Surette had told the truth. Mr. Macri
indicated he did not dispute what Mr. Surette had said. The basis for his appeal is his lack of a
prior criminal history and his 13-year residency in Clearwater. He said he has had no problems
with his present company where he has worked since 1992. Mr. Macri said he supports his
family by driving a taxicab and hoped to reach an agreement with the City.
Mr. Harper said he will consider the information presented today and will respond within
10 days.
Proceedings were concluded at 10:16 a.m. by Mr. Harper.
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