Ordinance 2001-075 ORDINANCE NO. 2001 - 7.__~5
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AM
CHAPTER 142 OF THE COLLIER COUNTY CODE OF LAWS
ORDINANCES (ORDINANCE NO. 95-66, AS AMENDED) THE
COLLIER COUNTY PUBLIC VEHICLE FOR HIRE ORDINANCE;
AMENDING DEFINITIONS; ADDING PROVISIONS TO VEHICLE
STANDARDS; REQUIRING ANNUAL VEHICLE FOR HIRE
INSPECTION REPORTS; REQUIRING NOTICE TO STAFF WHEN
A DRIVER'S LICENSE IS SUSPENDED OR REVOKED OR THE
DRIVER COMMITS SPECIFIED CRIMES; ALLOWING SUB-
CERTIFICATES; REQUIRING VEHICLE OPERATOR
IDENTIFICATION CARDS; ELIMINATING THE GRACE PERIOD
FOR ANNUAL RENEWAL OF CERTIFICATES; PROVIDING FOR
CIVIL FINES OF $25 PER DAY FOR FAILURE TO COMPLY AS
REQUIRED WITH WRITTEN NOTICE OF VIOLATIONS OF THIS
ARTICLE AND/OR ORDINANCES INCORPORATED BY
REFERENCE; PROVIDING FOR APPEALS TO THE PVAC;
ADDING SPECIFICS TO DISCIPLINARY PROCEDURES AND
OTHER PVAC HEARINGS; AUTHORIZING IMPOSING CIVIL
FINES UP TO $25 PER DAY FOR VIOLATIONS; PROVIDING
THAT THE ANNUAL CERTIFICATION SHALL NOT BE RENEWED
IF ANY FINES, FEES OR CHARGES HAVE NOT THEN BEEN
PAID N FULL; AUTHORIZING CODE ENFORCEMENT BOARDS
TO ENFORCE THIS ORDINANCE IF THE COMPLAINT IS
REFERRED BY THE PVAC OR PVAC STAFF TO THE CODE
ENFORCEMENT BOARD (IN WHICH EVENT ALL BOARD
AVAILABLE REMEDIES APPLY); PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE
CODE OF LAWS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE WITH A DELAYED ENFORCEMENT DATE OF
JANUARY 1, 2002. '- ~
WHEREAS, the PVAC has held several workshops to complete a ~0rough
review of the current Public Vehicle for Hire Ordinance, including in[~Ut fro-n~
representatives of some businesses that are currently certificated by th~'PVAC~
and ~
WHEREAS, Staff and the Public Vehicle Advisory Board have recommi~dedCa
comprehensive re-write of the now existing Public Vehicle for Hire Ordinance.
Many of the proposed amendments are minor and non-substantive. The major
proposed amendments areas follows: Exempting from the Ordinance (a)
transportation services that (a) are provided pursuant to a contract with the
Community Transportation Coordinator, or (b) are provided by another
government or governmental agency, or (c) are provided by qualifying vehicles to
transport the "transportation disadvantaged"; Also allowing that the membership
of the five (5) member Public Vehicle Advisory Committee can be with 2 or 3
members who are not affiliated with the industry; Also providing that an
excessive number of violations of this Ordinance can be grounds to remove a
member of the PVAC who is affiliated with a regulated entity; Also clarifying that
violations of the County's Sign Ordinance or Occupational License Tax
Ordinance can be violations of this Ordinance provided the respective "other
ordinance" violation can apply to a vehicle for hire or vehicle for site or facility;
Also adding new requirements to the "Minimum Vehicle Standards"; Also
requiring annual vehicle for hire inspections to be conducted by inspectors who
have been qualified by the State; Also requiring that standard form vehicle
operator's "identification cards" be issued by the County; Also requiring that staff
Underlined text is added; q,r,,..~. ,~. .....
............. ~h text is deleted.
be notified whenever a taximeter is calibrated, re-calibrated or adjusted;
Clarifying provisions related to the subcontracting of vehicles for hire; Raising the
taxicab rate for each two-tenths of a mile after the first one-tenth of a mile from
35 cents to 40 cents so that this mileage rate will coincide with calibration
limitations of taxi-meters; Also reducing the time for mandatory retention of daily
manifests (trip logs) from three years to one; Also requiring that staff be notified
in writing whenever a vehicle operator's license is suspended or revoked;
Requiring that all vehicles for hire certificated under this Ordinance, including
long-term and short-term subcontracted vehicles, must display the appropriate
Collier County issued "decal"; Also requiring that each vehicle for hire business
that is required to have a Collier County Occupational License must keep
specified records at the occupationally licensed site; Also providing that each
vehicle for hire business certificated under this Ordinance shall not operate as a
vehicle for hire during any time that the required insurance is not in force; Also
adding specifics to the disciplinary procedures and quasi-judicial hearings;
Authorizing imposing civil fines up to $25 per day for violations of this Ordinance;
Providing that annual certification shall not be reviewed if any fines, fees or
charges have not then been paid; Providing that violations of this Ordinance can
be referred by the PVAC or the PVAC staff for enforcement to the Code
Enforcement Board; Providing a delayed effective date of December 3,1, 2001;
and
WHEREAS, The Board of County Commissioners accepts the recommendations
of the Public Vehicle Advisory Board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Chapter 142 of the Collier County Code of Laws and
Ordinances (Ordinance No. 95-66, as amended) is hereby amended to read as
follows:
"ARTICLE I. IN GENERAL.
Sec. 142.1 - 142.25. Reserved.
ARTICLE II. TAXICABS AND CHARTER SERVICES.
DIVISION I. GENERALLY.
Sec. 142-26. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning.
"Applicant" means an individual, firm, corporation, partnership, company,
association, joint venture, or any other type of organization enterprise applying Lo
the County for a certificate to operate or other request.
"Certificate" means a Collier County certificate to operate that grants
written -~,,*~'~-~*,, authorization under this article t~ ~..
......... · '-'- cw.-,cr to operate a motor
vehicle for hire company within Collier County.
"Charter Service" means any chauffeur-driven vehicle that is engaged in
prearranged transportation and the rates for which transportation are based upon
predetermined hourly, daily, weekly, monthly, or door to door price. Charter
Underlined text is added; Text -*-,,,-u *~, ....
............. gh is deleted 2
service vehicles shall include, but not be limited to, the following four
classifications:
(1) "Sedan" means a four-door, full sized automobile capable of
seating not more than that five passengers, exclusive of the driver.
(2) "Limousine" means a luxurious, large passenger vehicle, built or
modified for use as a luxury limousine (e.g., formal or extended limousine)
(3) "Van" means a passenger vehicle recognized as either a minivan or
full sized passenger van capable of seating not more than 14 passengers,
exclusive of the driver.
(4) "Handicap vehicle" means a vehicle designed, constructed,
reconstructed, or operated for the transportation of persons with non-emergency
conditions where no medical assistance is needed or anticipated in route; or for
persons who are unable to comfortably use a standard means of conveyance; or
for persons who cannot enter, occupy or exit a vehicle without extensive
assistance; or where specialized equipment is used for wheelchair or stretcher
service; and where the chauffeur serves as both a chauffeur and attendant to
assist the door-to-door or bed-to-bed service. No emergency equipment other
than a fire extinguisher and first aid kit may be carried. The use of the word
"ambulance" may not be used and no representations may be made that any
medical service is available. The word "non-emergency" must be prominently
displayed on the outside of the vehicle.
"Color scheme" means any distinctive combination of two or more vehicle
for hire colors, including the letterinq and/or logo, that distin,quish the vehicles of
one vehicle for hire business from another vehicle for hire business.
"County Manager Ad,,'n. lnlstr~tor" includes staff designees of the County
Manaqer A~tmif~:,trater except where the context logically prohibits such
inclusion.
"Driver" means any ~ individual prccentlng in actual possession of a
County issued Identification card, and a valid driver's license (operator's permit)
that authorizes all respective driving privileges) and who is then employed, or
permitted by a certificate holder~ to drive or operate a permitted vehicle upon the
streets of the County pursuant to this article.
"Holder" means an individual, firm corporation, partnership, company,
association, joint stock association, or other type of organizational enterprise to
whom a certificate to operate has been issued.
"Manager" means any person responsible for the day-to-day operation of
the certificate holder.
"Motor vehicle for hire" means any motorized, self-propelled vehicle
engaged in the transportation of persons upon the streets on the County with the
intent to receive compensation for providing such transportation and shall
Underlined text is added; Text~., ...,.o,r. ,..~. ,~..,,,.._=,,~. is deleted 3
include, but not be limited to, the classifications: taxicab, and charter service
vehicles, and non-emer.qency vehicles.
"Owner" means any individual, firm, corporation, partnership, company,
association, joint venture, or any other type of organization enterprise owning a
ten percent or greater interest in an Applicant for a certificate to operate and/or a
vehicle for hire company.
"Pick-up" means whenever a passengedcustomer sits in a vehicle for hire
for the purpose of being transported for a fee except successive picking-up of the
same passenger during a continuous trip when the passenger departs the
vehicle for a short time and the vehicle and driver wait at that location and the
passenger returns and continues the trip.
"Public Vehicle Advisory Committee" (PVAC) means the five~member
....... · committee ex~st~ng pursuant to this article.
"Public Vehicle Board" means the Board of County Commissioners.
"Scheduled" means the transportation of persons on pre-determined
points of oriqin, destination, or schedule of service.
"Sta~' means employees of the Code Enforcement Department who
administer, enforce, regulate or interpret provision of this Article.
"Subcontracted vehicles" means vehicles for hire not necessarily based in
Collier County, that are leased to or operating under a subcontract with a
company that has a Collier County occupational license and a certificate to
operate from Collier County issued pursuant to this Article.
"Taxicab" or "cab" or "taxi" means a motor vehicle, with at least four (4)
doors, equipped with a top light, designed to accommodate not more than eight
passengers, exclusive of the driver, operated for compensation at rates based
upon the distance traveled and authorized by this article, recorded and indicated
by a taximeter in operation when the vehicle is in use for transportation or any
passenger or property, and the route or destination of which is controlled by the
passenger th~r~J,-, or the individual who hired the taxicab for that trip.
"Taximeter" means any approved internally mounted device with records
and indicates a rate or fare to be char.qed to a passen.qer of a Vehicle for him
measured by distance traveled, waiting/standing time, and other items of charge.
All taximeters must comply with the then most current edition of the National
.... au Institute of Standards and Technolo.qy, Handbook 44.
c,,,,,.~, ..... ugh is deleted 4
Underlined text is added; Text .......
"Temporary vehicle permit" means a temporary vehicle permit issued to a
subcontracted vehicle (or a short term rented or leased vehicle for hire) that is
not otherwise certified as a vehicle for hire in the County.
"Vehicle for hire business" comp~n~,' means any individual or entity holding
a Collier County certificate to operate and which holds permits for one or more
vehicles for hire, under one or more categories of vehicles for hire, and either
provides leased vehicles to drivers to be used or operated as vehicles for hire or
which operates a central dispatch for one or more vehicles for hire.
"Vehicle decal" permi~ means a color-coded vehicle pem~ decal issued
annually to the current certificate holder authorizing the holder to operate for hire
the motor vehicle to which the vehicle pem~ decal is affixed. Ot~,e-v~,le-~m~
.................................................................... ~ .... ~nd u
Sec. 142-27. Applicability.
The provisions of this article shall be applicable to and effective in all now
existing or future incorporated areas and in all unincorporated areas of the
County. It shall be the duty of all County and municipal Code Enforcement
Officers to enforce these provisions within the territorial areas of their respective
jurisdictions. This division article is intended, and shall be construed, as a direct
regulatory measure uniform in application throughout all the County. No
certificate or permit issued pursuant to this article shall be construed as a grant to
authorize the certificate or permit holder to en.qaqe in any business at any airport
located on any County or municipal property or operated by the County or by any
municipality. Nothin.q in this article shall affect any ordinance of any municipality.
Sec. 142-28. Exemptions. The following cate.qor es of Vehicles for hire shall be
exempt from all provisions of this Article:
(a) Any owner or transportation provider which has been designated as
the community transportation operator as defined in F.S. Section 427.011,
Florida Statutes, or transportation services provided pursuant to contract with thn
Community Transportation Coordinator ~o h~,,,,~, ....... * ~r,,,,, *h:~ -,~:.. .
provided, however, that any such vehicle that is also used as a motor vehicle for
hire other than exempted uses as specified herein shall require a certificate for
such non-exempt use(s).
Underlined text is added; Text struck through is deleted 5
...... ,. ..................... e. Vehicles operated by a governmental
agency; companies or organizations owning (or renting) vehicles that are used
exclusively for transportation of the employees or members of said company or
organization; ,,,-~-~,-, ..... *~ ......---,,, 4.!
................ ~ ............. pacccngcrs; Aisc ac~d transportation
activities licensed by the Interstate Commerce Commission or any other
government or agency of any qovernment so long as such vehicles are engaged
solely in interstate commerce or other activities authorized by the respective
license.
(c) Discharge of passengers within Collier County picked up in another
county is .... ~**~
~. ......... d provided that the vehicle and operator were authorized to
pick up the respective passenger(s) in the originating county and location of pick-
up.
(d) ~"~'+ "~"~ ........ ~ k ...... ~, ......Veh'
,--,~ ......... ~ .............. , or ...... IcJes operated under or
pursuant to a franchise from the County.
(e) Vehicles limited to providinq transportation services for the
Transportation Disadvantaqed provided the vehicle is clearly and distinctly
marked as a vehicle only for transportation of transportation disadvanta.qed
persons and no emerqency equipment other than a fire extin.qu sher and first aid
kit shall be carried. Neither the word "emerqency" nor any other word which may
imply that emer.qency medical services are available shall be displayed or
advertised.
Sec. 142-29. Public Vehicle Board.
A Public Vehicle Board shall consist of the Board of County
Commissioners. The Board of County Commissioners, as the Public Vehicle
Board, shall have the rights to license, regulate and control the rates and the total
number of motor vehicles for hire operating on the streets from within the County.
Sec. 142-30. Public Vehicle Advisory Committee.
(a) The Public Vehicle Advisory Committee is heremafte~ referred to
herein as the "PVAC.'
(b) The PVAC shall consist of five members and one alternative member.
Notwithstanding the provisions of Section 112.313, Florida Statutes, not less than
two nor more than three members shall be holders of certificates of public
convenience and necessity to operate a motor vehicle for hire business and not
less than two nor more than three members shall be ~ individuals who are
in no way affiliated or associated with any holder of a certificate of public
convenience and necessity. Terms of office of members shall be for four year.,'.
and shall be staq,qered. Memberships exceeding two full terms shall be
approved in accordance with Ordinance No. 2001-55. Members of the PVAC
shall be appointed by and serve at the pleasure of the Public Vehicle Board. All
s~id members shall be permanent residents and electors of the County.
Underlined text is added; Text o,r, ,,.~. ,~. ....
............. gh is deleted 6
Appointment of members of the PVAC shall be by resolution of the Public Vehicle
Board, which resolution shall state the date of appointment and term of office.
The alternate member shall vote only in the absence of a quorum ~
cc,-,filct cf i,",tc:est cr =Ssc.".c~ cf mcmScrc. All PVAC members shall attend all
meetings whenever possible, and shall comply with the provisions of Ordinance
No. 2001-55 for attendance requirements. A finding by the Public Vehicle Board
of an excessive number of violations of this Article, or failure to promptly correct ~
violation or violations of this Article by a member or by a certificated entity
associated with a member shall be grounds for removal of that member from the
PVAC.
(c) The County Manaqer A~m~qist-rate~ shall designate a member of his
staff to serve as liaison and to coordinate with the PVAC.
(d) The functions, powers and duties of the PVAC shall be to:
(1) Review and approve applications for each certificate to operate,
permit, etc., pursuant to this article.
(2) Review and approve taxicab color schemes pursuant to this article.
(3) Review and make recommendations to the Public Vehicle Board
regarding issues related to the motor vehicle for hire business, including rates
and charges.
(4) Hold meetings at least quarterly if there is business to be conducted
before said committee.
(5) Conduct hearings as appropriate.
(e) Officers of the PVAC shall be elected by maiority vote of the PVAC.
Election of Officers should occur at the first meetinq following October I of th~,
respective calendar year. There are no Officer term limits for the Chairman,
Vice-Chairman, Secretary, or any other Officer of the PVAC.
Sec. 142-31. Unlawful Operation of Vehicle for Hire.
It shall be u,".!=';.'f, ul a violation of this article for any person to operate or to
permit operation of a motor vehicle for hire in Collier County in violation of any
provision(s) of this article. All vehicles for hire must also comply with all
applicable provisions of all County Ordinances including the Sign Ordinance and
the Occupational License Tax Ordinance, and must comply with all applicable
Florida and federal statutes, which may be a violation thereof irrespective of
whether the vehicle is then being operated as a vehicle for hire.
Sec. 142-32. Minimum Vehicle Standards.
(a) It shall be u.?';¥ful a violation of this article to operate or for any
person or any vehicle for hire entity to permit the operation of a motor vehicle for
hire unless the following minimum vehicle standards are complied with or
exceeded and the vehicle is maintained in proper operating condition.
Underlined text is added; Text struck thrcugh is deleted 7
(1) Speedometer, and taximeter if applicable, properly installed, in good
working order and exposed to the view of both the driver and the passengers.
The taximeter must be lighted at all times whenever a passenger is being
transported for hire in the vehiele taxicab. Each taximeter shall be inspected,
approved and sealed pursuant to Chapter 531, Florida Statutes, and/or all then
applicable rules and re.qulations. No vehicle for hire other than a taxicab shall bi':
equipped with or contain a taximeter, whether or not the meter is in operation
(2) Interior must be clean, sanitary, free of from torn upholstery or torn
floor coverings and free from damaged or broken seats. Seat covers shall be
permanently attached or fixed to the seats of the vehicle, and have no exposed
wire or sharp edges from metal, hardened vinyl, or otherwise. The rear seat
must be of a type, size and mounting approved by the vehicle's manufacturer.
No broken springs, sagging or horizontal slippage is allowed in any ~ seat.
Floor covering material shall be secure and shall contain no rips or lose folds.
The vehicle floor shall be free from rust and holes.
(3) All doors must have operating handles that allow opening from both
inside and outside. Handles, knobs and armrests must be free of breaks and
must be securely mounted. Door hinges and hold stops must function correctly.
Door seals and gaskets must be intact and be operating to seal water and ~
odors from entering the passenger compartment from outside. All door panels
must be intact to prevent injuries on door and window mechanisms.
(4) Vehicle must be structurally sound and mechanically operable with a
minimum of noise and vibration, and must have an operational parkin.q brake and
a primary brake system that acts on all four (4) vehicle wheels. There shall be no
visible leaks in the brake line, wheel cylinder or any part of the brake system and
no frayed cables. All primary brake systems shall demonstrate a reasonable total
braking force, when tested, usin.q the "quick stop method" with the vehicle for him
operating as a speed of at least twenty (20) miles per hour. Brake lininqs and
disk brakes, when measured at the thinnest point, shall not be less than one
sixteenth (16th) of an inch. Brake lininqs and/or pads shall also be firmly attached
to the brake shoe and/or disk coupler. Disk brake rotors and brake drums shall
be of a size and type appropriate for the vehicle, with no brake cracks or other
damaqe that chanqe or impair the functional surface.
(5) The body, fenders, doors, trim and grill must be free from holes,
cracks, breaks and dents which may endanger pedestrians or passengers.
(6) For Taxicabs, a rate schedule in English and Arabic numerals
prominently displayed as specified in Sec. 142-34(b).
(7) Proper functioning interior light, headliner, dashboard, head rests,
windows, Rear shift and windshield wipers.
(8) Vehicle for hire must be free from hazards, including but not limited
to, slippery floors, sharp edges, and unpadded interior door head clearances. No
loose objects or externally mounted speakers shall be placed on the deck behind
Underlined text is added; Text~.,_..,.o*r, ,,.~, ,~,...,w~,,~, is deleted 8
the rear seat. No decorations or other objects will be permitted to hang in
...... b.. a vehicle for hire.
(9) Exhaust emissions must be free of smoke. There shall be no leakage
of fuel at any point in the vehicle's exhaust system. The tailpipe shall discharge
exhaust only from the rear of the v~hi~'l,~ ,-.r oUa~o .-.~ ~. ........... I .....
..... ,- ........... No part of the exhaust system may pass through or leak into the
vehicle.
(10) Tires shall be of the correct size as approved by the vehicle's
manufacturer, with no mismatched size tires on the vehicle. There shall be no
cuts into the tire cord or sidewall area, or spots that expose the ply. No tire shall
have less than 2/32 inches of tread remaining when measured in any two groves
at three equally spaced intervals around the circumference of the tire. When the
tire has tread wear indicators, no tire shall have indicators that contact the road in
any two groves at three equally spaced intervals around the circumference of the
tire.
(11) Steering mechanism and directional signals must be maintained in
operating condition. Steering mechanisms shall not be worn or jammed. There
shall not be more than two inches play to the left or right of center measured at
the steering wheel rim with the road wheels in a straight ahead position on
wheels up to 18 inches in diameter, or three inches of play on wheels over 18
inches in diameter.
(12) ,,~h~..~ ..... ~, ..... * "~ ....... ~"~ '~""~ .... '~ The windshield, side and
rear windows must be operational, and be assembled with no breakage, cracks
or pits that may impair visibility or hinder the safety of passengers No windows
on any Vehicle for hire shall be composed of, or treated with, any material that
would cause the vehicle to be in violation of Section 316,295, Florida Statutes.
Except to the extent then required by law, no signa,qe or text shall be affixed to or
displayed in any vehicle for hire vehicle window except a charter service vehicle.
may display the vehicle identification number assigned by the County to thn
vehicle. Subiect to applicable laws, rules and/or re.qulations, one e-mail addres~
of the vehicle for hire individual or entity may be displayed from the rear window
or from one side window of each charter service vehicle or taxi provided .same i~
displayed horizontally, is level, is proportionally spaced, and the total horizontal
dimensions thereof do not exceed five (5) inches in height. The number and ~
mail address displayed from the window shall not be stacked one over the other.
(13) All vehicles for hire shall be equipped with properly operating horn, air
conditioning and heating systems, head lights, turn signa s, factory installed
brake lights and replacements, all tail lights includinq "in reverse" lights, and ;~
light s tuated to illuminate and make clearly legib e the rear license plate.
(14) A' "~'~"~'~ ~"' ~; ...... * ....~ ..... ~*h .., ......~....~.~.. r'..,,
............................... r-,. .......... ~-~. .......... nty
................· ,w ~.~. ....... Vehicles that have
been modified, such as stretch limousines, must meet all State and Federal
Underlined text is added; Text ~ is deleted 9
standards that apply the vehicle. Seat belts must operate and be easily
accessible to all passengers. Seat belts that are under the seat or between the
lower and upper portions of the seat are not considered to be easily accessible.
(15) Each certificate holder shall be responsible for ensuring that each
vehicle for hire owned, operated, leased to, or otherwise controlled by it complies
with this article, with other applicable County Ordinances, and with applicable
state and federal laws, rules, regulations, and standards regarding motor vehicle
safety equipment and devices. Every certificate holder shall cause every such
vehicle fcr ~';-" "-'-* it ........... *-..- ~ .......... ,r....
................ , .-~- ...................... I.. to be pass an inspection
by an inspector employed by or under contract with a Florida licensed repair
shop mspeeted at least once every six twelve (12) months to ensure that each
such vehicle for hire complies with the minimum vehicle standards of this article
and with applicable provisions of Chapter 316, Florida Statutes. The certificate
holder shall maintain a permanent registry containing information on the identity
of each vehicle for hire inspected, and a written document signed by the qualified
inspector that includes the date of the inspection~ and the nature of any
deficiencies or defects discovered, plus a PVAC approved standard form
inspection list supplied by staff that lists the items that must pass inspection. The
certificate holder shall acquire and retain written evidence of al._~l remedial actions
and e~ services performed, and the name, address and telephone number of
each the inspector, repairer and/or mechanic, plus the name, street address,
local telephone number, and the Motor Vehicle Repair Registration Certificate
number then issued by the Florida Department of A.qr cu ture and Consumer
Services for that repair facility's specific location (pursuant to Chapter 559,
Florida Statutes, as now or hereafter amended or renumbered, or any successor
in function Statute, rule or re.qulat on) Each such permanent registry and
inspection, deficiency and repair documentation shall be made available for
inspection and/or copying by the County during the certificate holder's regular
business hours. The ori.qina then most recent inspection form for the vehiclP.
and papers that prove completion of repair of all items, if any, that failed the last
vehicle inspection must be presented to staff prerequisite to acquiring that
vehicle's initial certification or renewal thereof. A vehicle for hire which fails to
meet the operating and safety requirements of this article, of Chapter 316,
Florida Statutes, and/or 2nd any other applicable law, rule, and regulation shall
not be operated in for the transportation of passengers for hire while such defect
or deficiency exists.
(b). All corrections or repairs required in order to comply with the minimum
vehicle standards set forth herein shall be accomplished within 15 days from
notification of the violation. Notification of any such violation by staff shall be in
writing and be hand delivered or delivered by certified mail, return receipt
requested, or by other lawful means of service. The date of receipt of the notice
of violation shall commence the running of the fifteen .(.15) day period. The
Underlined text is added; Text stcu.sk-lh~ is deleted 10
vehicle shall not be operated as a vehicle for hire until the failures are certified as
havinq been corrected. Failure to correct any such violation within 15 days shall
be a violation of this article.
(c) Nothin.q in this Article shall be construed to effect any aspect of
Chapter 316, Florida Statutes, includinq any traffic citation issued by any law
enforcement officer, includin.q for unsafe operation of the vehicle or because thc~
vehicle is not properly equipped as referenced in Section 316.610, Florid;'~
Statutes, or otherwise.
Sec. 142-33. Driver's Service Standards.
(a) In accepting passengers, no vehicle for hire driver shall discriminate
on the grounds of race, color, national origin, gender, religion, creed, politics, or
affiliation with any group. Drivers may refuse service to any person who is
disor + .........
derly or ..... ~ ~....von who causes the driver to have a reasonable
apprehension of fear for his property or fcr hic the driver's safety.
(b) No operator/driver shall refuse to accept any passenger desiring
service because of shod or long haul destination. Drivers shall transport
passengers to their destination by the most direct available route from the place
where the passenger enters the vehicle for hire unless a different route is
requested at the initiative of the passenger. No person shall be admitted to a
vehicle for hire occupied by a passenger without the consent of the passenger.
(c) Upon request, a receipt shall be given by the driver on conclusion of
the trip, showing the name of the driver, vehicle number, year, month, and date,
thee starting time, the place of origin and destination of the trip, the amount of
fare collected, and the number of passengers, and the total miles or units
accumulated during the trip.
(d) Nc '~-~ .....~-'-, .....~.,,.-;,,.. ~ ........~... -
.......................... u,-~ or '~ ...... '~ .....to ~ny
p~sce,",gor. Any electrical device such as a radar detector/"fuzz buster," or
police two-way or similar scanner, or two-way radio frequency monitor in
prohibited within the vehicle for hire.
(e) No driver shall operate any vehicle for hire whose vehicle permit or
certificate has been suspended or revoked, and must clearly display (visible to ali
passengers) a then valid and unexpired driver identification issued to that drive~
by the County.
(f) No driver shall solicit any passenger in fe~ any hotel, lounge,
nightclub, restaurant, bar, boardinghouse, or any other commercial establishment
without expressed permission to do so from the management of the respectiw ~
entity.
(g) Personal property left in any vehicle for hire shall be retained for
ninety (90) days, after which the property may be considered to be abandoned if
the notice requirements of Chapter 705, Florida Statutes, have been met.
Underlined text is added; Text ....... *~. ..... ~ is deleted 11
(h) No certificate holder, permit holder or driver shall possess at its placn
of business, dispatch operation, buildin.q, or in any vehicle for hire any devicn
designed to be used for monitorinq any competitor's radio frequency.
(i) No driver of a motor vehicle for hire shall consume any alcoholic
beverage or any controlled substance, or be under the influence of any alcoholic
beverage or controlled substance while on duty or while driving a vehicle for hire.
(i) At all times when the vehicle for hire is being operating as a vehicle for
hire, the driver thereof must display his/her Collier County issued Driver's
Identification card so that the I.D. is clearly visible to passengers. The text of the
ID Card must by in English and must include a color photograph of the driver, tho
emboldened Card number assiqned to that driver from the County must be in
emboldened text and must include a telephone number that can be called to
contact the PVAC Staff, and must include "Receipt for cash payment available
upon request" and "How was your service?" Additional details regarding the ID
Card, such as its size, shape and text can be modified from time-to-time by
resolution(s) adopted by the PVAC. No one except an authorized County
employee shall in anyway alter any such County issued ID Card.
Sec. 142-34. Designation of Vehicles for Hire; Subcontracting Vehicles fOr Hire
(a) All taxicabs utilized by the respective certificate holder shall be painted
in the color scheme approved by the PVAC. All changes in color scheme must
comply with the procedures outlined in subsection 142-52(~)(7). The name of
the certificate holder shall be clearly displayed on the car in lettering which is at
least three inches in height and is clearly visible. The lettering must be
permanently affixed to the vehicle. Magnetic signs are prohibited. All taxicabs
must have a permanently mounted top light at least ten inches wide (wide side
facing to the front) and four inches in height, mounted on the roof of the cab and
illuminated with a tell-tale light indicating when the cab is occupied. The top light
shall used only to indicate whether the vehicle is at that time available for vehic!c
for hire business.
(b) SCHEDULE OF FARES. The owner/operator shall post the then
applicable schedule of fares and charges in the taxicab, which schedule shall be
clearly and conspicuously visible to passengers. The words "rate," "rates," or
"rates of fare" shall prccccd precede the rate statement, which shall be fully
informative, self-explanatory, be readily understandable by the ordinary
passenger, and be the same as that rate for which the taximeter is calibrated.
The rate schedule shall be of a permanent character or be protected by suitable
transparent protective cover material. If the PVAC adopts any standard form
schedule(s), such schedule(s) must be displayed.
(c) TAXIMETER. Each taxicab shall be equipped with a taximeter that
meets all specifications, tolerances, and other technical requirements for
taximeters required by the then most current version of Handbook H.44, National
Underlined text is added; Text struck through is deleted 12
Institute Burccu of Standards and Technoloqy The face of every taximeter shall
at all times be visible from the taxicab's passenger compartment and shall be
illuminated so that passengers may ascertain the amount of the fare registered
by the taximeter. The signal affixed to any taximeter shall never indicate that the
taxicab is vacant when such taxicab is engaged by a passenger. No one shall
operate any taxicab for hire unless its taximeter has been inspected and found to
be accurate, in satisfactory operating condition, and sealed pursuant to
~v~'~"., ,~"'~'4",v, ,~ v...._.~*"*' '*'~" to applicable laws, rules and re.qu, at OhS. Each taxicab
permit holder shall have the taximeter in good working condition and operating
accurately. Such meters shall be sealed to prevent any person other than a
person authorized under r.~.....+......,,..~...., v.._,~'~° ,c~'--;'~'-,..,,_.. ~.~....~..,~*"*"+"" then applicable laws,
rules and regulations, and from changing the adjustment of same. It shall be a
violation of this article to operate a taxicab when a taximeter does not accurately
register the correct mileage rate. Evidence of breaking of an official taximeter
seal shall be prima facie evidence that such taximeter has been tampered with
does not accurately register the correct information miL-~m~=rate. Except when
the taximeter is calibrated, recalibrated and/or if adjusted by a person employed
by the County (or by a person employed by an entity under contract with the
County to perform such services) the certificate holder shall deliver a copy of
each such certification to staff not later than ten (10) workin.q days following the
respective calibration, re-calibration and/or adiustment.
(d) Charter Service Vehicles, Charter service vehicles shall not hereafter
be painted in any color scheme ef that has then been authorized by the PVAC to
any certificated or permitted taxicab(s). Sedan and limousine service type
vehicles may display the certificate holder's trade name on only the front license
plate of the vehicle and/or in ~-tecs an area not to exceed three 72 square inches
in total area,.,~,,..~;'~"~'-~" ,.,~'- height and permanently affixed to the ~
................ ~ ~-~-~ ........d the rear .......... bumper or other place on
the rear of the vehicle, but not on any window, ~4.. ~**~.;....; .....;**~.~ ......
............ ~ ,~ ~, ..............
~.......,"~o~o Charter service vehicles shall not place any type or form of light device on
the roof or have such a light within the interior of the vehicle so as to possibly
indicate that the vehicle is a taxi. ~-"-~, .'~;'-.- ~..-.;..,- * ...... ~...4. .......
(e) Subcontractinq Vehicles for Hire. Except for subcontractinq vehiclen
for hire for short term special events, only vehicles for hire beinq operated under
a Collier County certificate shall be subcontracted in Collier County. Except for
short-term special event subcontractinq of vehicles for hire, all subcontracted
vehicles for hire must be insured up to at least the minimum insurancn
requirements by insurance coveraqe provided by of the vehicle for hire person or
entity to which each such vehicle(s) for hire is/are subcontracted by (includin!'l
leasinq to) the Collier County certificated Vehicle for Hire person or entity. Shod
term special events mean those occasions that occur from infrequently froi¥~
Underlined. text is added; Text struck thrcugh is deleted 13
time-to-time, usually only once annually, when a person who, or entity that, i:;
operating a vehicle for hire business pursuant to Collier County Certificate and
requires temporary use of vehicles for hire because the fleet of the respectiw ~
certificate holder comprises too few vehicles to fully service the short te,n
special event. Shod term special events include graduation ceremonies from
schools, golf tournaments, or other like events of shod duration, usually less tha,
seven consecutive days. Vehicles for hire that are subcontracted only for shod
term special events may be certificated by a municipality or by another Floridn
County, but the certification must be current and effective at the time of the.
subcontracting of leasing. Vehicles that are subcontracted only for shod term
special events shall be used except to provide services required by the.
respective special event. Any vehicle subcontracted by, or leased to, a Vehicle
for Hire Business certificated by Collier County for anything except short term
special events must be independently certificated by Collier County.
Sec. 142-35. Schedule of Rates and Charges.
(a) Rates and charges of charter services and of taxicabs under contract
to provide long-term services are not regulated except that other taxicab fares
are regulated. No charter service vehicle operator shall transport, advertise,
display, or otherwise offer to transport any passenger(s) under any rates except
its regular charter service rates, which rates shall not be prorated, discounted,
divided, or otherwise reduced so as to resemble or attempt to compete on a price
basis with any taxicab rates. If a complaint is made to staff that any such
violation has occurred, the re.qular charter service rates of the person or entity
being invest gated for such alleqed violation shall upon request be promptly
provided in writing to staff. There shall be no extra charge for handling luggage
or baggage.
(b) The following is the schedule of maximum rates for taxicabs operating
in the County:
(1) For the first one-tenth mile or fraction thereof ................ $2.15
(2) For each additional two-tenths mile or fraction thereof 0.35 0.40
(c) The following maximum charges are in addition to the maximum rates
set forth in subsection (b) hereof: $24.00 maximum per hour standing/waiting
time with a minimum rate and interval of time of not less than $0.20 per 30
seconds, not to exceed $0.40 in one minute in accordance with the time elapsed
on the taximeter.
(d) Rate Change Procedures.
(1) The Public Vehicle Board may from time-to-time require the owners
and operators of taxicabs to appear before the PVAC at a public hearing to
review their rates for reasonableness. Owners and operators may petition the
PVAC for a review of their rates.
Underlined text is added; Text st~mok-thceugh is deleted 14
(2) Prior to a public hearing pursuant to this section and upon request
from the Public Vehicle Board or from taxicab owners, the County Manager
~ may investigate and prepare a report concerning the then existing
rates and char~les, includinq re.qulat on thereof by the PVAC The report shall
consider all financial and operating reports that are submitted by operators to
determine operating ratios, revenues, expenses, and potential impact of any
proposed rate changes. For rate-making purposes, the County Mana(~er
~ will not consider any cost incurred in the acquisition of a license or
political contributions. Costs to be considered will include vehicle operating,
maintenance and repair expenses, salaries of drivers, dispatchers and
supervisors, plus insurance costs, taxes, and administrative expenses.
(3) The report from the County Mana.qer ~ shall be reviewed
by the PVAC, which shall make a recommendation regarding rate matters
~j ........... to the Pubhc Vehicle Board.
(4) The Public Vehicle Board sh311 should within 60 days after receipt of
the staff and PVAC recommendations, schedule a public hearing concerning the
proposed rate changes, at which hearing all interested parties shall have an
opportunity to be heard. The Public Vehicle Board shall consider the staff report
and recommendations, the PVAC's recommendation, and all evidence produced
at the Board's hearing, and by resolution shall determine and set the appropriate
rates as may be in the public interest. Appeals of the Public Vehicle Board's
decision shall be to the Circuit Court of the 20th Judicial Circuit in and for Collier
County in accordance with Florida Appellate Rules.
Sec. 142-36. Daily Manifest or Trip Log Required.
Every motor vehicle for hire owner or operator shall maintain a daily manifest
(trip log) upon which the driver shall promptly and legible record the following
information: name of the driver; vehicle number; year, month, and date; the
starting time, place of origin and destination of each trip, the then applicable rates
and charqes for that vehicle for hire, the amount of fare collected and the number
of passengers of each trip during ....... *,--',-
.... ~. ....... that driver's driving period. All
completed manifests shall be returned to the owner of the business by the
operator at the conclusion of his/her tour of duty. The forms for each manifest
shall be furnished to the operator of said owner. No one shall
sh'-!! not destroy, mutilate, alter or otherwise deface any daily manifest for at
least #~ one ,,,~*~-,-,
.......... ~-~- .................... ty
A~lmic, i~q~. Said manifests shall be available for inspection and/or copying by
the County ,~, ,-;,--, *~- ...... ,,,,, ......
...... ~ ..... ~' ......... ~ .......................... ~- ...... s, for a
period of not less than one
year ...... , .... after the date of the respective
manifest.
Underlined text is added; TeYt
................ ~,, is deleted 15
Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of
Specified Crimes after Driver Approval from the County ........ ds.
(a) Each driver of a motor vehicle for hire must hold a current and valid
e, emmer, sial driver's license (operator's permit) in said driver's name issued by
the State of Florida. or ~- ....... ....r o,..,.. ,.~ ,~... I ~,.~*~,~ ~,..,..,. (!f *h.. ,~.~
..... * ...... ~-;.-... ~... ~.~r.. ~ ..... ,~. ...... ,..,..~ The respective Florida
driver's license must authorize all types of driving being conducted by the
respective driver. A copy of each such driver's license must be maintained by
the operator and, upon request from staff, must promptly be delivered to staff.
(b) Before the respective driver operates any vehicle for hire in Collier
County, each certificate holder shall be responsible for ensuring that each of his
that certificate holder's drivers verifies every 12 months by providing Staff with
an official copy of that individual's criminal record (or lack thereof) and a sworn
affidavit delivered to the certificate holder and to County staff that such driver has
not been found guilty or convicted, regardless of adjudication, of any of the
following crimes within the then past three years:
(1) Murder, manslaughter, armed robbery, assault with a deadly weapon,
o_Lr aggravated assault;
(2) Any crime involving the sale or possession of any controlled
substance ~o ~;"'-'~ by oo~ n'~ =,...;,~.. ~,..,,
(3) The Florida RICO Act, as amended, currently Sections 895.01 through
895.06, Florida Statutes.
(4) Driving while intoxicated or under the influence of drugs or any other
alcohol or drug related offense;
(5) Vehicular manslaughter;
(6) Reckless driving;
(7) Exposure of the sexual organs and/or any crime
~ , pertaining to prostitution.
.-,,, ................... that tho a then approved driver --
beer convicted of any of the aforesaid crimes, the certificate holder shall not
permit the driver to operate any per-mit~ vehicle for hire ~ in
Collier County. In the event that a driver's license is suspended or revoked, or
driver is convicted of any of the above-listed offences, regard ess of adjudication,
the certificate holder and the driver shall notify staff in writinq of the suspension,
revocation or conviction immediately upon the driver or the certificate holder
becominq aware of such conviction. The certificate holder shall maintain a
permanent registry containing information on the identity of each driver permitted
to operate a permitted vehicle under his the certificate holder's authority. Said
permanent registry shall be available for inspection and/or copying by the County
during the certificate holder's regular business hours. ' ·
Underlined text is added; Text -*r, ,'-~. *~- ..... ~-
............. ~,, is deleted 16
Sec. 142-38. Consumption of Alcohol or Controlled Substance by Drivers.
No driver of a vehicle for hire shall consume any alcoholic beverage or
any controlled substance or be under the influence of any alcoholic beverage or
controlled substance while drivinq on duty. or whi!c driving.
Sec. 142-39. Refusal of Passenger to Pay Legal Fare.
It shall be unlawful for any person to refuse to pay the legal fare of any of
the vehicles governed by this article after having hired the vehicle. It shall be
unlawful for any person to hire any vehicle for hire with the intent to defraud.
Sec. 142-40. Advertising the Services by Collier County Certificate Holders
It shall be a violation of this article for any person or entity that is required
to have a certificate to operate in Collier County to advertise in Collier County a
service that one is not then ~ certificated to provide in Collier County. All
advertisements for such vehicles for hire services printed after July 31, 1994, in a
telephone directory or newspaper distributed in the County shall include the
applicable Collier County certificate number. Each certificate holder shall ensure
that the applicable certificate number is provided to the publisher for inclusion
within the text of each advertisement. There shall be no advertising in Collier
County in any name except the name to which the certificate is issued by the
PVAC. No advertisement in Collier County shall indicate the availability of any
type of service(s) that will not be provided immediately in Collier County.
Sec. 142-41. Use for Immoral Purposes.
No person shall use, or permit any person to accompany or use, a vehicle
for hire for the purpose of prostitution or lewdness or to transport or offer or agree
to transport any person with knowledge or reasonable cause to believe that the
purpose of such transporting is for the purpose of prostitution or lewdness.
Sec. 142-42- 142.50. Reserved.
DIVISION 2. CERTIFICATE AND PERMIT TO OPERATE.
Sec. 142-51. Certificate and Decals Required; Sub-certificates.
(a) No person shall operate or permit a motor vehicle owned, leased to,
sub-contracted by, or otherwise controlled by him that person or entity to be
operated as a motor vehicle for hire upon any street in the County without having
first obtained a certificate to operate~_ and No vehicle for hire, includinq sub-
contracted vehicle for hire, shall operate under any Collier County certificatn
unless that vehicle is displayin.q h~v!,",g a current color coded vehicle permit decal
permanently affixed to the left inside bottom corner of the windshield and on the
left side of the rear bumper. All such decals except short term special event
Underlined text is added; Text o,r, ,,.~, ,~, .....
............. ~h is deleted 17
decals have a duration not to exceed one year. '- .......... ~,;,.~ ~,,r hiro
v~. ........................ · ........... ~. ................... ,. All vehicle
for hire, including subcontracted vehicles, must display the required decals,
which decals must be removed from the vehicle by the driver or certificate holder
immediately followinq suspension or expiration of the decal, or, if applicable,
suspension or revocation of the operator's or the person's or entity's certificate.
Vehicles subcontracted for short term special events may display a temporaq/
sticker, which shall be removed immediately following the termination of the short
term special event.
(b) Sub-certificates. If a certificated individual or entity, for any le,qitimat~
business reason(s), requests issuance of a sub-certificate from the PVAC, th~
PVAC may issue one (1) or more sub~certificates requested by the applicant as
determined by the PVAC to be appropriate under the circumstances. The
application fee and the renewal fee shall be one-half the then applicable fee for ~
full certificate. The applicant requesting a sub-certificate need not provide to staff
any information that is required prerequisite to applying for a full certificate
provided such information relevant to the application for a sub-certificate is then
on file with staff and is correct and complete. No sub-certificate shall operate as
a full certificate, nor add a vehicle to a certificate or otherwise perform a function
that can be accomplished by amending the applicant's full certificate. A sub-
certificate can be used to add one (1) trade name to the applicant's full
certificate. Sub-certificates are a courtesy to the certificate holder whereby all
decisions by the PVAC to grant or deny a sub-certificate are final. Suspension or
termination of a full certificate shall automatically suspend or terminate every
sub-certificate issued under the respective full certificate unless expressly
decided otherwise by the PVAC for .qood cause in the specific case. The PVAC
may from time-to-time enact Resolutions to adopt rules applicable to sub-
certificates provided no such rule conflicts with this article. Throughout this
article, references to a "certificate" shall include each related "sub-certificate"
unless that construction would lead to an absurd result.
Sec. 142-52. Application for Certificate to Operate.
(a) An application for certificate shall be filed with the Public V~hiclo B~rd
PVAC on forms provided by the County Manager Adminictr:tor. T-herewvilH;~a
with-a nonrefundable application fee for each certificate. The prescribed fee shall
be adopted by resolution of the Board of County Commissioners. The
application fee form shall be verified under oath and shall furnish the following
information:
(1) If an individual, name and address of the applicant.
(2) If a partnership, name and address of the applicant's business:names
and addresses of all partners.
Underlined text is added; Text ~*-, ,'-~ *~- ..... ~-
............. ~,, is deleted 18
(3) If a corporation: the exact corporate name and business address of
the applicant's corporation, name and address of all directors and officers,
Articles of Incorporation and all amendments thereto along with a certified copy
of the Certificate of Incorporation....__,,,-,
(4) The names and addresses of ~.., .... all persons or entities holding a
ten percent or greater beneficial interest in the applicant's business or company.
Failure to disclose such interest shall be grounds for the denial of the application
of any applicant or revocation of any certificate.
(5) Business telephone number and, if applicable, e-mail address .......'"'~'~"h
.......... ~' ....................
(6) The trade name under which the business will operate. The trade
name under which the applicant intends to do business shall not be deceptively
similar to the trade name of any other then current certificate holder or sub-
certificate holder. Approval of the use of a trade name does not imply the use of
said trade name is otherwise legally authorized. A separate certificate or sub-
certificate is required for each trade name or fictitious name. No initi~! certificate
or sub-certificate shall be issued to any business that has "taxi" or "cab" or
"taxicab" in its name unless it will immediately be providing taxi services in Collier
County. The precedinq sentence shall not apply to certificated entities that haw
been grand-fathered prior to the effective date of this Article by having been
issued proper certificates without the need to comply with said requirement.
Each such grand-fathered entity must comply with this requirement to be eliqib n
to be issued its certificate for 2004, or prerequisite to transfer its certificate, or
permit prior to that time. Each person or entity planning to operate under
fictitious name shall attach to the application a notarized copy of the newspaper
notice published in accordance with Section 865.09, Florida Statutes.
(7) The name, color scheme, and monogram or insignia to be used to
designate the taxi or taxicabs of the applicant. An applicant for taxicab
certification shall also submit .........
...... I" .............................. ~ ....~1 a
colored sketch and/or photograph of the vehicle color scheme, lettering,
mono.qram and/or insi.qn a A colored sketch and/or photograph of the
monograph of the monogram or insignia, lettering size with the color scheme of
the lettering, vehicle color scheme, and top light design which shall conform to
regulations issued by this article, o~,,,n
_ - ........... ~- ......... d. The color scheme
and monogram or insignia shall be unique and readily distinguishable from the
color schemes and monograms or insignias previously approved for prior
applicants. An, y changes to an approved color scheme, monogram, or insignia
must be approved by the PVAC.
(8) The experience of the applicant in the transportation of passengers in
the form of a typewritten and signed experience statement.
Underlined text is added; Text~., ..~,.-*-, ,,-~ *~-.,,, v..~,.~- is deleted 19
(9) The minimum and the maximum number of vehicles planned to be
operated and controlled by the applicant and the location of proposed depot(s)
and/or terminal(s).
(10) If operating under a fictitious name, attach a notarized copy of proof
of advertising to the application in accordance with Section 865.09, Florida
Statutes. A separate certificate to operate is required for each fictitious name.
(11) ~'-'-"'---'-* .... * ..... ~
· .~.~. ............. . .... do The required certificate of insurance or
verification from an insurance company authorized to do business in Florida that
the applicant is insurable and that an insurance policy meeting at least the
minimum standards set forth in this article shall be issued if and when the
application is approved. In each instance~..,~ *~-.,,~ .... -~-~-,,..-.,.., ,';""*;"" ,..;" cpprcvcd,
submission of a certificate of insurance must precede the issuance of a vehicle
permit.
(12) A schedule of proposed fares, rates, and/e~ charges other than taxi
metered rates (at the then applicable rates as specified pursuant to Article).
(13) A current credit report compiled for the applicant by a nationally
recognized credit agency, and if the applicant is a business entity in existence for
less than one year, a current credit report for each owner compiled by a
nationally recognized credit agency ; ..... ,~ .,.., ,..,~. m..,~ 90 ,~ .... ~-~,,~. *~..- ,~-.*..
(14) Two credit references including at least one bank or financial
institution where the applicant has maintained an active account for at least one
year or the longest time for which the applicant has maintained an active account
in a financial institution if such period is shorter than one year. If the applicant is
a business entity in existence for less than one year, two credit references
including at least one bank or financial institution where the applicant has
maintained an active account for at least one year or the longest time for which
the applicant has maintained an active account in a financial institution if such
period is shorter than one year.
(15) A list of criminal convictions for which the applicant, owner, directors,
officers and managers have been found guilty, regardless of adjudication, in
Florida or any other state of the United States, indicating the offense, the date
and the state.
(16) The name of all managers.
(17) Application must be accompanied by the required application fee.
(b) On the filing of the application, said application shall be reviewed by
the County Administcate~ mana,qer, including any necessary verification of
statements within the application, for:
(1) Completeness of the application and applicant's compliance with this
article.
Underlined text is added; Text ~ is deleted 20
(2) Consideration of the taxicab color scheme to preclude confusion by
the riding public and to prevent infringement of a then current owr, cr's certificate
holder's color scheme.
Sec. 142-53. Issuance of the Certificate to Operate.
(a) All applications for a certificate to operate must be reviewed and
approved by the PVAC at a public meeting. The-publ~ Persons shall be imbed
allowed to speak and provide relevant information regarding an Applicant's
qualifications to provide transportation services. If the PVAC finds that after
review of the application, public comment, if any, and relevant information, the
Applicant is fit to provide transportation services and conforms to the provisions
of this article, then the County Manaqer ~ shall issue a certificate t_o
operate stating the name of the Applicant. If the PVAC determines that the
Applicant is not fit to provide transportation services or does not comply with the
requirements of this article, the application for a certificate shall be denied. The
reasons for the denial shall be stated in writing to the Applicant, The applicant
may appeal an adverse decision by the PVAC to the Public Vehicle Board for a
review of the PVAC's denial to the applicant. After review of the application, the
Public Vehicle Board may issue the certificate, or refuse to issue it, or may issue
a certificate with such modifications, or conditions as the Public Vehicle Board
may deem appropriate. ~'-*;'-'- of ........ '~ ""'+;~""*~ "~'"" bc '-,,~-"~-~-~
........ ~1,-- ....................... ~, ......... O~u
~"~' .....; ..............~ ...... ~ ..... ~.~*;-.,- · *~. ,. *~... r' .... ,,, No certificate
shall be issued to any person or to any applicant who has or whose owners,
officers, directors or managers have been found guilty or have been convicted,
regardless of adjudication, within the then past five (5) years of any of the
following: any crime relating to the provision of transportation services, any crime
which is designated as a felony, any crime involving the sale or possession of
any controlled substances as defined by Section 893.03, Florida Statutes, called
the Florida Rico Act;. also exposure of the sexual organs and eF any other crime
under Chapter 796, Florida Statutes, "Prostitution". No certificate shall be issued
to any Applicant who has an owner or an officer or director who was an owner,
officer or director of a vehicle for hire business cr comp:ny which had a
certificate revoked in the then past twelve (12) months. No certificate shall be
issued to any Applicant whose credit report indicates facts and circumstances
showing a failure to promptly pay '"-~-;'-~--.v,.,v,~ ~,--,~, ,,,,v ~'; .... ,..,-.~.~-*~'" bills related to vehicle
for hire business.
(b) An Applicant shall pay the required certificate fee within 30 days of the
approval of the Application for a certificate pursuant to this Section. Failure to
pay the required fee for the certificate shall be deemed *~---
as .... withdrawal of the
Application ~ and will result in the revocation of the approval of the
Application for the Certificate.
Underlined text is added; Text ....... through is deleted 21
(c) Upon issuance of a certificate and as a requirement for maintaining a
certificate in good standing, continuously maintain a ~ place of business in
Collier County at all times that such vehicle for hire business in County has
sufficient situs or presence in Collier County so as to be required by the Collier
County License Tax Ordinance to have a Collier County occupational license a~
~..~h~ .,,; .... ~.,~,.h~*~ !42 ~-,~°~ ~.~,. Irrespective of where occupationally
licensed, each holder of a Collier County Cedificate shall continuously maintain a
telephone number (at a local phone call rate) to enable potential customers from
Collier County to call to obtain information and/or vehicle for hire sewice.
(d). If the vehicle for hire business is required by the Collier County
Occupational License Tax Ordinance to have a Collier County Occupational
License for the site or location, all Collier County related vehicle for hire business
records that are required by this A~icle and/or othe~ise by any law, rule or
regulation, must be retained for the applicable retention period(s) at each such
Collier County occupationally licensed site or location. Upon request from staff,
all requested records, wherever maintained, shall be physically delivered to staff
within seven (7) calendar days following receipt of the request for same, or such
other longer or sho~er time period as deemed appropriate by staff in the specific
instance. Failure to promptly deliver all such requested records to staff as
requested shall be a separate violation of this Adicle. Each overdue day may be
determined by staff to be a separate violation of this Article.
(e)(~. Only o~e two vehicles for hire may be operated from a residence
as a home occupation and that such vehicle(s) .shall may not come and go from
the residences so that the trips exceed normal residential vehicle traffic. AI_J
vehicle(s) for hire that are operated from the respective home occupationally
licensed residence must be operated only by County approved operators whn
then actually reside within that residence.
(f).(e~ l.l, e,h.'~ll ,'~le,~. he. ih ........ :hilii,: ,,~ ...... Each certificate holder t~
shall notify the County Manager A~Jministr-at~ in writing within ten days of any
change in the business address and/or telephone number, and shall take all
actions, if any, required or authorized by the then applicable Collier County
Occupational License Tax Ordinance.
Sec. 142~54. Minimum Insurance Requirements.
(a) The following insurance requirements are intended to be minimum
and do not imply or represent the necessary amount of coverage for any vehicle
or particular operator or driver of the respective vehicles for hire All certificate
holders operating ~ a vehicle for hire shall have in full force and effect
motor vehicle liability insurance for each taxicab owned by, leased to, or
Underlined text is added; Text ............. ~h is deleted 22
otherwise controlled by operating company equal to or greater than $100,000 for
bodily injury to any one person, $300,000 for injuries to more than one person
which are sustained in the same accident, and $100,000 for property damage
sustained on one accident. ^"
................................................................. · '.~S-' -'r2 ~ce
~. Said insurance shall be primary coverage that must inure to the
benefit of any person who shall be injured or killed, or who shall sustain damage
to property proximately caused by the negligence of the certificate holder, all
drivers, and his al/masters, servants and agents. Nothing in this seet~ article
shall be construed to waive applicable state or federal laws, if any, which then
require a higher amount of minimum insurance coveraqe or other insurance
requirements. If a County permitted vehicle for hire ceases to be covered by the
full insurance specified in this article, the County permit for that vehicle shall
immediately and automatically thereby become null and void and shall remain
null and void unless and until the required insurance is a,qa n in full force and
effect. Vehicle permits decommissioned for vehicles temporarily taken out of
service shall be granted a ninety (90) day insurance lapse period with proof of
the insurance cessation date before a renewal permit fee is required, except
where subsection 142-57(2) applies. Except for new certificates or sub-
certificates, these insurance requirements shall become effective sixty (60) days
after the effective date of this Article or as each certificate holder's or vehicle
permit holder's policy comes up for its next renewal, whichever is later, but not
later than 365 days of the effective date of this Article.
(b) An original certificate of insurance shall be filed with staff the
..... ~- ................ ,- .......................,- ..................... on and shall
have as an agent thereon an insurance company authorized to do such business
in Florida. The certificate of insurance shall contain the names of all businesses
under which the certificate to operate holder is doing business. The category of
each motor vehicle for hire shall be specifically stated on the certificate of
insurance. The certificate of insurance shall include a schedule of all vehicles
covered. Said insurance policies must be issued for a minimum of one year and
shall cover each vehicle in use in the County. Certificates of insurance must
indicate that the Board of County Commissioners is named as ' '
an additional insured. Further, said insurance policies shall be endorsed to
provide for a 30 day prior written notice ~ to staff the-eempliac~ee
-~' ...................... ~- ........................ of any material
change, including any reduction in the amount or scope of coveraqe, non
renewal, termination, cancellation, or expiration.
Underlined text is added; Text o*-,,,-~ +~, .....
............. ~h is deleted 23
Sec. 142-55. Certificate Fees, Permit Fees and Conditions; Renewals.
(a) No certificate shall be issued, continued in operation or renewed
unless the holder thereof has paid an annual nonrefundable certificate fee for the
privilege of engaging in the motor vehicle for hire business, presents to Staff a
copy of a valid and active Collier County occupational license for each such site
in Collier County that is then required by law to have an occupational license,
and has paid in full all fines, fees and charges mposed directly or indirectly by
this Article. The prescribed fee shall be adopted by resolution of the Board of
County Commissioners. Said certificate shall be in effect from the period of
February I through January 31 and shall be in addition to any other license fee
or charges established by proper authority and applicable to said holder or the
vehicle or vehicles under his operation and/or control. The fee shall not be
prorated for a fractional part of the year. ~" ~,,r ~,; .... ,,;~;,.~, ..... ~'~"~' ~-~ not
..... · ............................. C ,"U~ ...... :, O r
expiration of the certificate cn March 1, a new certificate must be applied for
pursuant to the procedures outlined in this Article. It shall be ,,'-~--,,'~
........ ul a violation
of this Article to operate any regulated service without a valid certificate that
authorizes the respective services. Prior to the expiration of said certificate, the
certificate holder must renew its certificate pursuant to the provisions of this
article. If all provisions of this article are complied with, the County Manaqer
Administcate~will reissue a certificate in compliance with this article.
(b) Vehicle Permit. Before any motor vehicle shall be operated under any
certificate, the certificate holder shall ~ apply for and receive from
the County Manager ................. a vehicle permit. Each permit ap~
request shall be in writing and shall, by the applicable vehicle reqistration and/or
other documentation, must contain the name and address of the certificate.
holder, the make, type, year of manufacture, serial number, state license plate
number, category of vehicle, approved taxicab color scheme if a taxicab, and
seating capacity of each vehicle for which a the respective vehicle permit is
desir~ applied for. Each vehicle shall comply with all terms as set forth at the
time of certification. Prior to the issuance of the vehicle permit the following
documents are required upon submission of
-,.,. ......... each request for
vehicle permit:
(1) Proof of insurance in the form of an original certificate of insurance
including a schedule of covered vehicles.
(2) Proof of proper vehicle registration in any of the following forms:
Underlined text is added; Text -'*-'"-~- *~' ....
............. gh is deleted 24
a. A valid copy of the state Florida Department of Highway Safety and
Motor Vehicles registration certificate. The state vehicle registration certificate
must classify the vehicle as a vehicle for hire commercial vehicle;
b. A notarized state Florida Department of Highway Safety and Motor
Vehicles notification of transfer or registration license plate transferring an
existing license plate classified as a vehicle for hire; or
c. If applicable, any commercial registration legally authorizing the
vehicle to operate in Florida the-state, i.e., apportioned registration.
(3) An affidavit signed by the certificate holder stating that the vehicle to be
permitted meets the safety standards as required by this article. Said affidavit
shall have been issued not more than 30 days prior to the issuance of the vehicle
permit. Any vehicle that has failed to meet the standards set forth in this article
must be removed from service until all safety standards v!c!atJc,-,.~ are complied
with eer~er:,ted.
(c) Each vehicle permit shall automatically expire on January 31 M~rch 1
of each year unless renewed upon payment of the prescribed fee, submittal of
the above documentation and presentation of a valid occupational license for the
permit year. If the applicant is required to have a Collier County occupational
license (or licenses) pursuant to the Collier County Occupational License Tax
Ordinance, such Collier County license(s) shall be presented to staff, otherwise a
then active occupational license from one adjacent Florida County or from one,
municipal corporation within an adjacent Florida County must be presented to
staff. The prescribed fee shall be as established -..v~..~u by resolution of the
Board of County Commissioners. It shall be a violation of this Article '.:',",l:';.'f,'J! to
operate any vehicle for hire without a valid (unexpired) vehicle permit.
(d) Vehicle decals ~ shall be color coded for each permitting year,
February I to January 31. Each vehicle permit and decal shall be separately
numbered. The vehicle decal f)ermit-shall be permanently affixed on each
assigned vehicle's left inside bottom windshield glass corner and on he left hand
side of the vehicle's rear bumper clearly visible when viewed from directly behind
the vehicle. All vehicle decals except temporary decals for sub-contracted
vehicles must be affixed to the vehicle for hire by staff. Vehicle decals f)ecmits
shall be made of such material that after being affixed to the vehicle cannot be
removed without being destroyed. Upon the sale or transfer of a vehicle or upon
expiration of the permitted period, the certificate holder shall remove the vehicle
decal ~ and thereby destroy s~mc the decal. The certificate holder shall be
responsible for notifying the County ManaRer Admmis~at~: in writing within ten
calendar days of any then currently valid vehicle decal 19em~ destroyed or
removed from a vehicle. Vehicle permits shall be transferable only in the event
of the replacement of an existing vehicle upon proof of purchase of new vehicle
and discontinued vehicle for hire operation of the previously permitted vehicle.
Each new vehicle must meet the requirements of this se~t~)R article prior to its
Underlined text is added; Text -*-, ,'-~- *~- ....
............. gh is deleted 25
being operated as a vehicle for hire by the certificate holder. Shc'--'!d _ ~. ......... d
(e) Subcontracted vehicles must obtain and display a tempora~ vehicle
permit and tempora~ decal at a cost of $5.00 per day per vehicle. Securing
such tempora~ vehicle permits and decals shall be the responsibility of the
cedificate holder. Subcontracted vehicles and driver~ shall comply with all
sections of this adicle except those that clearly apply only to applications for
applications for issuance of original cedificates or renewals.
(0 Applications for a vehicle permit for any vehicle not owned by the
ce~ificate holder who is making application must be accompanied by a written
vehicle lease agreement be~een the owner of the vehicle and the ce~ificate
holder. The application must also include proof of insurance covering each
leased vehicle. All vehicle lease agreements must be approved by the Code
Enforcement Depadment before issuance of a vehicle permit.
(g) Each taxicab shall be required to display a uniform and distinct color
scheme on all permitted vehicles. All such schemes shall be subject to receive
prior review and approval from the PVAC. No permit shall be granted to any
ce~ificate holder to operate any taxicab covered by this adicle
..... lOg.
(h) A~er a permit has been issued, neither the color scheme, name, trade
name, monogram, insignia, levering, or ~ any other similar outwardly visible
physical aspect of the vehicle .... ;;;~ ;- *~ .....
~ .............. ~ ....... shall be altered or modified
without approval of the County Manager ................. , including siRnaRe or
advedisinq.
Sec. 142-56. Transfer of Certificate or Permit Prohibited.
No certificate or permit may be sold, assigned, otherwise transferred,
mortgaged, or the ownership structure of a corporation or partnership which is
the certificate holder altered in any manner without prior approval from the
PVAC. Sale or transfer of stock of any corporate certificate holder resulting in a
change of control of 25 percent or more shall be deemed a transfer of the
certificate. Each unapproved transfer shall be immediately render the certificate
null and void.
Sec. 142-57. Suspension or Revocation of Certificate.
(a) The certificate issued under this provision may be summarily
suspended and the vehicle's decal be summarily removed by staff the-G~
Admmistcate~ if it is he determineds by staff that such suspension is required to
Underlined text is added; Text o*-,,'-~' +~- ....
............. gh is deleted 26
protect the safety of any person(s) cr
not !n effect, or there exists a violation of subsection (3), (4) or ~5). below. The
certificate holder my in writing to staff request an expedited appeal to the PVAC
of staffs suspension, and the PVAC shall hold an appeal hearing thereon as
soon as practical. The PVAC may sustain, modify in whole or in part, or reverse
staff's suspension. In all other instances the certificate issued under this
provision of this article '~;,,~;-"-
......... may be revoked or suspended by the PVAC only
after hearinq if the holder thereof has:
(1) Violate_sd any other provision of this article;
(2) Discontinues operations of a '--~'-~ .... cf -'"-- all vehicles for more
than 30 days for unscheduled services, and seven days for regularly scheduled
services;
(3) Been convicted and found guilty, regardless of adjudication, of a crime
listed in subsection 142-37(b) 47- or in subsection 142-53(a) 2- of this article;
(4) Made false statements under oath, in the application, or in any other
document required by, or submitted pursuant to, this article; or
(5) Knowingly permitted any his vehicle for hire to be operated as a
vehicle for hire in violation of any law or this article.
(b) No certificate shall be revoked except after a public hearing by the
PVAC. The certificate holder may appeal to the PVAC any suspension of its
certificate, but shall not provide any vehicle for hire services in Collier County
during the summary suspension period. A hearing before the PVAC on
suspension or revocation shall take place at a regularly scheduled meeting or
special meeting of the PVAC. After revocation of a certificate, no application for
certificate submitted by an owner, officer or director of the certificate holder being
revoked shall be accepted or considered for a period of 12 months from the date
of the revocation.
Sec. 142-58. Disciplinary Proceedings.
(a) Each complaint of a violation of this Article, except pursuant to
subsection 142.57(a), including any other County Ordinance referenced in thi~
Article, or although not referenced in this article, is independently applicable to
the respective vehicle, individual and/or entity that is re.qu ated by this Article
shall be made only to the PVAC staff or to the PVAC. Only the PVAC Staff or tho
PVAC is authorized to refer such a complaint to the Code Enforcement Board.
The PVAC Staff TI~. i'~ .... {-,, ^,-I,~i,~;,-~-r.~{..-., · · ·
.......... , ................. may ~mt~ate disciplinary proceedings
by the PVAC or the Code Enforcement Board against a certificate holder driver,
or other violator for violations of this article after receivinq a sworn written
complaint or after witnessing the respective violation(s). Whenever possible, the
alleged violator will be provided written notice of violation at least 10 days before=
the proceedings w be addressed by ,,,;*~- *~ r,~,.,; ..... ~
........................ the PVAC. Other
Underlined text is added; Text ....... *~- ..... ~-
,,r,,,.~ ...... ~,, is deleted 27
procedures applicable to the Code Enforcement Board will apply to cases
referred to the Code Enforcement Board.
(b) Any person who believes that a certificate holder or driver has violated
any provision of this article shall submit an oral or a written sworn complaint to
the County Administrator Manager. The complaint . _ may be
by letter. Each complaint, written or oral, must include the name, mailing
address and telephone number of the complainant.. With assistance of staff, the
complaining party sh~!! should attempt to specify with particularity which
section(s) of this article, other applicable ordinances, he and/or other applicable
rules or regulations that the complaining party believes have been violated by the
certificate holder and/or driver, and the essential facts in support thereof.
(c) Upon submission of a sworn written or oral complaint, or upon
knowledge however obtained that raises staff reasonable suspicion that a
violation has occurred or is occurring, the County Manager .................
may conduct a preliminary investigation and determine whether the facts as
known ~ warrants-the filing ~ff formal charges or issuance of a
written notice of violation to the alleged violator. If charges-ace such action is
warranted, the County Manager ~ shall file a copy of staff's the
complaint with the Chairman of the PVAC and shall send, by certified mail, return
receipt requested, or by hand delivery or other then lawful means of service, a
letter or other written notice of violation to the certificate holder and/or driver or
other violator at his or her last known address as shown on Staff's
~ Vehie:,le~m~. If other than by the then applicable standard form
notice of violation, the notice documentation shall encloseing a copy of the
complaint indicating:
(1) The name of the complainant;
(2) The date(s) of the commission of the alleged offense;
(3) The sections of this article or other ordinance, law, rule or
regulation alleged to have been violated;
(4) If the violation is curable, the minimum number of days after
receipt of the notice that the violation(s) must be corrected and the deadline date
when written proof of the cure must be delivered to staff. Failure to make all
such corrections as required and failure to notify staff within the prescribed time
period shall result in an automatic civil fine of twenty-five dollars ($25.00) per day
of such failure(s) to correct. All then available Code Enforcement Board
remedies, penalties and charqes shall apply if the respective case is referred t~
and enforced by the Code Enforcement Board.
(5) If conduct or a condition must cease, the date that the unlawful
conduct and/or unlawful condition must cease, and the last date that the violator
must deliver proof to Staff of the date when the conduct and/or condition ceased.
Failure to cease the conduct on or before the specified deadline date and failure
to notify staff that the conduct ceased on or before the specified date(s) shall
Underlined text is added; Text ....... through is deleted 28
separate violations of this article and shall result in a fine of twenty-five (:~25.00)
dollars for each day after the due date for delivery of such proof to staff.
(6) The last date that the violator must file with staff a written notice
of appeal to the PVAC to contest the notice. Notice of appeal shall not toll the
deadline for complying with the notice or paying the fines. If the violator does not
promptly comply with the notice of violation and upon appeal the PVAC finds that
failure to promptly comply was not justified, the fines shall continue to toll until thc
violations are corrected and staff is delivered proof of the corrections. If the PVAC
after hearinq finds no violation, the actions required by the notice need not b~.
corrected and all fines based upon a "no violation" shall be promptly returned to
the person or entity that paid those fines.
(7). (4) The range of disciplinary sanctions which may be imposed
upon the certificate holder, pursuant to this article, by the PVAC in the event the
PVAC finds a violation of this article has occurred; and
(8). (5). If applicable, the date, time and place at which the
certificate holder sh311 may appear before the PVAC for a hearing regarding the
complaint or notice of violation. The date of the scheduled hearing shall not be
sooner than 20 days from the mailing date of the certified letter or other means of
service.
a. The notice of hearing required by this section may, in the
alternative, be accomplished by hand delivery of said notice to the certificate
holder by the County Administcater Manager, or by leaving said notice at the
certificate holder's usual place of residence with some person of his family over
15 years of age (or with any person over the age of 15 years at the certificate
holder's usual place of business) and informing such person of the contents of
the notice, or by any other then lawful means of service
b. Notice by Publication. As an alternative to providing notice as
set forth above, at the option of the County
............... or Manager, notice may be
furnished by publication as follows:
(1.) Such notice shall be published once during each week for four
consecutive weeks (four publications being sufficient) in a newspaper of general
circulation in the County. The newspaper shall meet the requirements of Chapter
50, Florida Statutes.
(2.) Proof of publication shall be made as provided in Sections
50.041 and 50.051, Florida Statutes. Notice by publication may run concurrently
with, or may follow, an attempt to provide notice by hand delivery or by mail.
c. Evidence that an attempt has been made to deliver or mail
notice as provided in this subsection, together with proof of publication or posting,
shall be sufficient to show that the notice of hearing requirements have been met
whether or not the alleged violator received actual notice.
d. Notice by Posting As an alternative to providinq notice as set
forth above, at the option of the County Manaqer, notice may be furnished not
°*"'"~ ...... ~,, is deleted 29
Underlined text is added; Text ....... *~- ..... ~-
less than ten (10) days prior to the date of the hearinq by posting such written
notice at the place of business or the residence of the alleged violator, or at the
Collier Courthouse. Such notice shall be photographed and filed in the case file.
_e. d~ Conduct of hearing:
(1) A public hearing shall be held concerning the complaint. A__Q
appeal hearinq based upon a notice of violation will be held only if requested in
writinq by the alleged violator not later then the notice of appeal deadline date
specified in the notice.
(2) The proceedings at the hearing shall be recorded and may be
transcribed at the expense of the party requesting the transcript. Any party may
have a court reporter present at the hearing at that party's his costs
The County shall not be responsible for any failure of recording equipment or for
any transcript other than its own for the County's own purposes.
(3) Each case before the PVAC shall be presented by a member of
the County staff.
(4) Assuming proper notice of the hearing has been provided to the
certificate holder by any means as provided in subsection (c) of this section, a
the scheduled hearing may proceed in the absence of the certificate holder
unless a continuance of the hearinq had been granted by staff, or is, at the
hearinq, granted by the PVAC.
(5) The PVAC shall proceed to hear the cases on the agenda that
day. All testimony shall be under oath and shall be recorded. The PVAC shall
hear testimony from staff, from the certificate holder alleged to be in violation of
this article (if present), and from such other witnesses as may be called by the
respective parties.
(6) Formal rules of evidence shall not apply, but due process shall
be accorded, Irrelevant, immaterial or cumulative evidence shall be excluded; but
all other evidence of a type commonly relied upon by reasonably prudent
persons in the conduct of their affairs shall be admissible, whether or not such
evidence would be admissible in the circuit courts of Florida. Hearsay evidence
may be used for the purpose of supplementing or explaining any evidence, but
shall not be sufficient, by itself, to support a finding unless such hearsay
evidence would be admissible over objection in civil actions in Florida circuit
courts. The rules of privilege shall be effective to the same extent that they are
now or hereafter recognized by the Florida Rules of Civil Procedure.
(7) Any member of the PVAC may question any witness before the
PVAC. Each party to the proceedings shall have the right to call witnesses and
examine witnesses; to introduce exhibits; to cross-examine witnesses; to
impeach any witness regardless of which party called the witness to testify and to
rebut any evidence presented against that party.
Underlined text is added; Text ....... *~- ..... ~' is deleted 30
(8) The chairperson, of in his absence, the vice-chairperson shall
have all powers necessary to conduct the hearing in a full, fair and impartial
manner and to preserve order and decorum.
(9) At the conclusion of the hearing or not later than fifteen work days
after the PVAC makes its final decision, the PVAC shall issue findings of fact
based on the evidence of record, and conclusions of law; impose disciplinary
sanctions, if warranted; and shall issue whichever Final Order is necessary and
proper to dispose of the complaint in accordance with this article and applicable
Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if
any, and related Order shall constitute the decision of the PVAC on the case
heard before the PVAC.
(10) The decision of the PVAC may be stated orally at the hearing, but
shall be reduced to writing and mailed to the parties within 15 days after the final
decision. The findings of fact and conclusions of law, disciplinary sanctions, if
any, and any other related Order shall be made by motion approved by a majority
of the members of the PVAC who are present and voting. The decision of the
PVAC shall be filed with the Clerk of the Board of County Commissioners
promptly after said final decision is reduced to writing.
(11) Should the PVAC be unable to issue a decision immediately
following any hearing, the PVAC may withhold issuing its decision until a
subsequent meeting. In such case, further discussion of the pending matter and
all deliberations relating thereto between members of the PVAC ccm.mittcc shall
take place only as a public meeting of the PVAC. The PVAC shall thereafter
issue its decision pursuant to subsections (d)(9) and (d)(10) of this section.
(12) The final decision of the PVAC may be appealed to the Board of
County Commissioners if the appellant files the appeal with the Clerk to the
Board of County Commissioners not later than thirty (30) days following the
issuance of the PVAC's Final Order. The appellate must state fully all specified
grounds for the appeal and provide to the Board of County Commissioners all
portions of the PVAC hearing record. The PVAC may submit to the Board of
County Commissioners other parts of the hearing record. The Board of County
Commissioners shall consider only the record submitted to it in the appeal.
(13) Non-payment of Fines, Fees and/or Charges. If an individual or
entity has not then paid to the County in full all overdue fines, fees and/or
charges required by this Article, or required by the Code Enforcement Board, or
any other enforcement forum, as the case may be, Staff shall refuse to issue to
that individual or entity any vehicle permit, any vehicle decal, or both, and shall
refuse to renew the applied-for certificate(s).
(14) Every violation of this Article, or of any ordinance incorporated
herein by reference, or ordinance that is then independently applicable to any
vehicle, individual, or entity, that is then re.qulated by this Article, may bn
Underlined text is added; Text ctr','c~ thrcu.~h is deleted 31
enforced by the PVAC or the PVAC staff pursuant to Section 1-6 of the County's
Code of Laws and Ordinances. See also Section 142-60, below.
Sec. 142-59. Renewal of Cedificates.
The County Manager ............... or shall attempt to notify all certificate
holders in writing of the annual requirement to renew certificates to operate by
mailing such notice by regular mail to the business address of the certificate
holder as then shown on the records of the PVAC. Renewal registration of
certificate to operate shall be under oath and shall include the name or owner,
central place of business address, proof of insurance, and valid registration.
Proof of the insurance of a vehicle for hire occupational license is required prior
to approval of a renewal certificate, and such certificate shall only be issued
when the holder thereof has paid the annual occupational license fee as then set
forth in the County's occupational license fee schedule. Failure to pay the annual
occupational license fee shall result in automatic expiration of the certificate.
Expiration of a certificate shall require a new application for a certificate pursuant
to the provisions of this Di';is!cn Article..
Sec. 142-60. Judicial Penalties for Violations of Chapter 142.
Section 1-6 of the Collier County Code of Ordinances is applicable
throughout this Chapter 142 except there shall be no imprisonment for any
violation of Chapter 142 except for contempt of Court. To assist in enforcement
of this article, staff may request assistance from the Sheriff's Office and/or from
the State Attorney's Office as staff deems appropriate in the specific instance.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish that result, and the word "Ordinance"
may be changed to "Section," "Article," or any other appropriate word.
Underlined text is added; Text **,,,,-u
............ ugh is deleted 32
SECTION FOUR. EFFECTIVE DATE; ENFORCEMENT DELAYED.
This Ordinance shall become effective upon filing a certified copy with
Florida's Department of State in Tallahassee, but shall not be enforced until
January 1, 2002.
PASSED AND DULY ADOPTED by the BI;~ard of County Commissioners
of Colli~I~.C,o~, Florida this /// day of ~~ , 2001.
A~ ,... , ,, _ BOARD OF COUN~ COUUl
: ........,... , , SSIONERS
g~t~.~,~c~ ~ COLLIER COUNTY, FLORIDA
A ' Data, Clerk ~ James~Ca~er, Ph.D., Chairman
sf~atere ~1~.
Approved as to form
and legal sufficiency
I Fg~,~ .
Thomas C. Palmer,
Assistant County Attorney
This ordinance filed with the
Sec[L~tary of State's Office the
J_2E day of
and acknowledgement ,q~ that
Underlined text is added; Text ............. u,, is deleted 33
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
the
ORDINANCE NO. 2001-75
Which was adopted by the Board of County Commissioners on
llTH day of December, 2001, during Regular Session.
WITNESS my hand and the official
County Commissioners of Collier County,
of Deceraber, 2001.
seal of the Board of
Florida, this
DWIGHT E. BROCK
Clerk of COurt,~,,,~%~
Ex-officio
County C om.~'~..~, a~i
De U ¢~'~;~
12th day
%