Opinion
February 23, 1951.
Appeal from the Circuit Court for Leon County, Hugh M. Taylor, J.
Martin Sack, Jacksonville, for appellant.
Lewis W. Petteway, Guyte P. McCord, Jr., and D. Fred McMullen, Tallahassee, for Florida Railroad and Public Utilities Commission, appellees.
Wayne K. Ramsey, Jacksonville, for Greyhound Corporation, intervening appellee.
Appellant, an interstate carrier with a certificate of public convenience and necessity from the Interstate Commerce Commission, secured a "certificate of registration" from the Florida Railroad and Public Utilities Commission as provided by Section 323.14, F.S.A., as amended by Chapter 25418, Acts of 1949. It then filed its bill of complaint in the Circuit Court, praying that in addition to its interstate business it be decreed to have the right to engage in the business of transporting charter parties to a point or points in the State of Florida, not on its regular route, but originating and terminating in Jacksonville. The basis for the decree as prayed for being the "certificate of registration" from the Florida Railroad and Public Utilities Commission. Defendants and intervenors filed answers to the bill of complaint. At final hearing on the issues made by the bill and answers, the chancellor denied the relief prayed for. The plaintiff appealed.
The point for determination is whether or not the "certificate of registration" granted appellant by the Florida Railroad and Public Utilities Commission, on the strength of its certificate of public convenience and necessity from the Interstate Commerce Commission, may be construed as authorization for it to engage in the transportation of charter parties exclusively in the State of Florida.
The answer to this question turns on the interpretation of Section 323.14, F.S.A., as amended by Chapter 25418, Acts of 1949. Other provisions of Chapter 323, F.S.A. are pertinent but when all are considered the question requires a negative answer. Intra-State carriers must secure a certificate of public convenience and necessity from the Railroad and Public Utilities Commission to engage in the transportation of passengers and freight within the State. The "certificate of registration" secured by appellant from the Railroad Commission was granted on the strength of its certificate of public convenience and necessity from the Interstate Commerce Commission and was primarily a permit to traverse the public highways of this State to point of destination for interstate carriage purposes only. It was not intended to cover any other phase of transportation. This has been the interpretation placed on the statute by the decisions of this Court, the Railroad and Public Utilities Commission and other interstate carriers operating within the state for the same purpose and under like authority.
We have examined other provisions of Chapter 323, F.S.A., Chapter 14764, Acts 1931, as amended by Chapter 25418, Acts of 1949, sometimes known as the Florida Auto Transportation Act, and while some of them may be properly construed to articulate with the Interstate Commerce Commission Act, we find no authority for appellant's contention, that they authorize overlapping carriage. Chapter 323 repeatedly recognizes the paramount authority of the Interstate Commerce Commission Act and the decisions of this and other courts have been to like effect, but the "certificate of registration" issued under Section 323.14 is regulated by state law, the certificate of public convenience and necessity is governed by Federal law, the procedure for securing them is different; they serve a different purpose and are bound by different conditions.
The decree appealed from is therefore affirmed.
Affirmed.
SEBRING, C.J., and CHAPMAN and ADAMS, JJ., concur.