Ordinance 2004-04ORDINANCE NO. 2004
suTc AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER
OUNTY ORDINANCE NO. 2001-75, THE PUBLIC VEHICLE FOR HIRE
RDINANCE, TO PROHIBIT THE COLLIER COUNTY PUBLIC ~'VEHIOLE
DVISORY COMMITTEE (PVAC) FROM AUTHORIZING ANY INDIVIDUAL TO
PERATE A VEHICLE FOR HIRE IF THE DRIVER APPLICANT HAD BEEN
ONVICTED OF ONE OR MORE SPECIFIED TEN YEAR cRIME-LESS'THEN
N YEARS PRIOR TO THE DATE OF THE APPLICATION T° THE PVAC
LESS THE PVAC GRANTS AN EXEMPTION; ALSO AMENDING
BSECTION 142-55(d) TO ALLOW PLACEMENT OF VEHICLE DECALS ON
THE VEHICLE'S REAR WINDOW; PROVIDING FOR INCLUSION INTO THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) has
recommended to the Board of County Commissioners (in its capacity as the
Public Vehicle Board) that Collier County Ordinance No. 2001-75 (the Public
Vehicle for Hire Ordinance) be amended to mandate that the PVAC shall not
authorize an individual to operate a vehicle for hire pursuant to this Ordinance if
the applicant had been convicted of any specified ten-year crime within the ten
years prior to the date of the application to the PVAC to operate a vehicle for hire
unless the individual applies for and receives an exemption based upon specified
clear and convincing evidence; and
WHEREAS, The Supreme Court of Florida En Banc in Pratt v. City of Hollywood,
78 So.2d 697 (Fla. 1955), opined: "The [local government] owes to the public the
highest degree of care and caution with reference to permits and licenses for the
operation of a taxicab business on the streets of the [local government]. When a
person, whether man, women or child, gets in a taxicab for transportation
purposes, such person's safety is committed to the care of the taxicab driver. The
[local government] officials would be derelict in the performance of their duties if
they failed to impose reasonable regulations upon the owners or operators of
such taxicabs and those holding permits or licenses to operate them."; and
WHEREAS, the above-stated degree of care to try to protect passengers of
vehicles for hire (a form of consumer protection) applies to taxicabs and to other
vehicle for hire driver applicants hereafter authorized by the PVAC to operate a
vehicle for hire pursuant to Ordinance No. 2001-75, as amended; and
WHEREAS, following Pratt v. City of Hollywood, applying Section 125.5801,
Florida Statutes, and the County's home rule powers, the Board finds that for
public safety it is critical to require both State of Florida and FBI fingerprint based
criminal background checks to screen each individual who, pursuant to
Ordinance No. 2002-75, as amended, hereafter applies to the PVAC for
authorization to operate a vehicle for hire pursuant to Ordinance No. 2001-75;
and
WHEREAS, the State of Florida has not preempted this local regulation of
operators of vehicles for hire; and
WHEREAS, as specified in these amendments, the PVAC shall not hereafter
authorize any individual to operate a vehicle for hire pursuant Ordinance No.
2001-75 if the driver applicant was convicted of any one or more of the specified
ten (10) year crimes at any time within the ten years preceding the date of the
application to the PVAC to operate a vehicle for hire pursuant to the Ordnance
unless the applicant is granted an exemption based on clear and convincing
evidence that persuades the PVAC that the applicant has been rehabilitated and
appears to no longer be a threat to victimize any vehicle for hire passenger; and
WHEREAS, some vehicle decals having been on the vehicle's rear bumper have
damaged painted rear bumpers whereby staff recommends that the vehicle
decals should be allowed to be placed on the vehicle's rear window provided the
window placed decal is clearly visible when viewed directly behind the vehicle.
Underlined text is added; Str',:'c!: thro'ag5 text is deleted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Section 142-37 of the Collier County Code of Laws and
Ordinances, (the same being part of Section One of Collier County Ordinance
No. 2001-75) is hereby amended to read as follows:
Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Conviction of
Specified Crimes after Driver Approval from the County
(a) Each driver of a motor vehicle for hire must hold a current and valid driver's
license (operator's permit) in said driver's name issued by the State of Florida.
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 each respective driver applicant operates any vehicle for hire in
unincorporated Collier County pursuant to this Ordinance, each driver applicant
and certificate holder (if the certificate holder is not the driver applicant) shall be
responsible for ensuring that each of that certificate holder's prospective drivers
verifies every !2 months by havin,q the Florida Department of Law Enforcement
and the FBI provideicrg directly to staff ,,,I*~' an ,.,m,.i., ,.,..,,, of that individual's
below-described finqerprint based criminal record checks (or '-"~' ,~,,..,-,~,n and an
affidavit properly sworn to and subscribed by the driver applicant and deliveredT~
tho cortif!cata holder and to County staff swearin,q or affirmin,q, if true, that such
driver applicant has not been found guilty or convicted, regardless of
adjudication, of any of the following three year crimes (if convicted within the then
past three years) and/or any of the followin,q ten year crimes (if convicted within
the then past ten years), and that the applicant's operator's permit had not been
suspended or revoked anywhere within the then past three years. Each
applicant must be fin,qerprinted and the applicant must have those fin,qerprints
delivered to the Florida Department of Law Enforcement for a state criminal
history check and to the FBI for a national criminal history record check. The
information supplied to staff in response to each criminal history record check
shall determine the applicant's eligibility to operate a vehicle for hire under this
Ordinance. The PVAC shall not consider any conviction that occurred more then
ten years before the date of the application, and shall not consider any conviction
that had been set aside by post-conviction proceeding, Such information is also
exempt from subsection 119.07(1), Florida Statutes, (Public Record's Law)
disclosure.
The Three year crimes are:
~ ,! , ,'.d,'k.d'--',, ,,,'..t,,~.~.~, 'k.~, ~..~,,, v~..~ ,~ ,jr, ~ '~ '' '' ~ '*~'"~"~'~"~jr ~'~"~"~'~''1 v,
~-,r°\ ~ Any crime involving the sale or possession of any controlled substance.
{-~ (2) The Florida RiCO Act, as amended, currently Sections 895.01 through
895.06, Florida Statutes.
~ (3) Driving while intoxicated or under the influence of drugs or any other
alcohol or drug related offense;
,--!m~ (4) Vehicular manslaughter;
~...!m~ (5) Reckless driving;
(7) (6) Exposure of the sexual organs (Section 800.03, Florida Statutes), and/or
any crime pertaining to prostitution, except subsection 796.03, Florida Statutes,
Procuring person under aqe of ei,qhteen (18) for prostitution, which is listed below
as a ten year crime).
The Ten Year Crimes are:
17) Murder, manslauqhter, armed robbery; or assault with a deadly weapon or
a.q_qravated assault except when the only victim of such assault was a member of
the applicant's family and the assault occurred during a family disputn; or'
(8) Section 784.011, relatinq to assault, provided the victim of such assault was '
a minor; or
Underlined text is added; str'.-'c!: tSre.'ag5 text is deleted. 2
(9) Section 784.031 Florida Statutes, relating to battery1 provided the victim of the
battery was a minor; or
(10) Section 787.01, Florida Statutes. related to kidnapping a child under the
age of thirteen (13) unless the child was the driver applicant's child; or
(11) Section 787.02, Florida Statutes, relatinq to false imprisonment of a child
under the age of thirteen (13) unless the child was the driver applicant's child; or
(12) Section 787.025, Florida Statutes, related to lurinq or enticing a child into
any structure, dwelling or conveyance unless the child was the driver applicant's
child; or
(13) Subsection 794.011(2), (3), (4), (5) or (8), Florida Statutes, relating to
sexual batten/; or
(14) Subsection 794.05, Florida Statutes, relating to unlawful sexual activity with
certain minors; or
(15) Section 796.03, Florida Statutes, related to procuring person under the age
of eighteen (18) for prostitution; or
(16) Section 800.04, Florida Statutes, relating to lewd or lascivious offenses
committed upon or in the presence of persons less than sixteen (16) years of
a.qe; or
(17) Section 825.1025, Florida Statute, relating to lewd or lascivious offenses
committed upon or in the presence of an elderly person or disabled person; or
(18) Section 827.03, relating to child abuse or aq.qravated child abuse; or
(19) Section 827.04, Florida Statute, relating to contributinq to the delinquency of
a child; or
(20) Subsection 827.071(2), Florida Statutes, relating to use of a child in sexual
performance; or
(21) Subsection 827.071(3), related to promoting a sexual performance by a child
unless the driver applicant can prove to the PVAC that the conviction did not
involve the driver applicant directing any such sexual performance; or
(22) Section 847.0133, Florida Statutes, related to knowingly sell, rent, loan, give
away, distribute, transmit or show any obscene material to a minor; or
~23) Section 847.0145, Florida Statutes, relating to transfer, attempt or assist in
any transfer of custody or control of a minor for any therein specified sexual
conduct.
(C) Exemptions. The PVAC may grant an exemption to permit the applicant to
operate a vehicle for hire pursuant to this Ordinance provided the applicant
proves to the PVAC the following by clear and convincinq evidence: (i) that each
ten year crime conviction occurred at least five years prior to the date of the
application; (ii) that the applicant had been lawfully released from all sanctions for
each three year crime and from each ten year crime; (iii) the relationship of tho
applicant to each victim, including the age and qender of each victim; (iii) all
harms the commission of the crime caused to eac~ victim, (vi) whether the crimo
involved violence or use of a weapon, (v) the applicant's history since the date of
each conviction1 including evidence of rehabilitation, (vi) whether the applicant is
likely to present any such victimization to any vehicle for hire passenqer, and (vii)
the applicant's response to medical treatment,, if any, related to such criminal
behaviors. The PVAC may impose restrictions upon the applicant's vehicle for
hire driving activities.
(d) The PVAC may consider evidence offered by others in support of or in
opposition to granting an exemption and driving activity restrictions.
(e) Notwithstanding any other provision in this Ordinance, the PVAC's decisions
regarding exceptions, exemptions and restrictions shall be final and shall not be
eli.qible for appeal or other review by the Public Vehicle Board.
(e-) ~f) If a then approved driver is convicted of any of the aforesaid crimes, the
certificate holder shall not permit the driver to operate any vehicle for hire in
Collier County. In the event that a driver's license is suspended or revoked, or a
driver is convicted of any of the above-listed offenses, regardless of adjudication,
the certificate holder and the driver shall notify staff in writing of the suspension,
revocation or conviction immediately upon the driver or the certificate holder
becoming aware of such conviction. The certificate holder shall maintain a
permanent registry containing information on the identity of each driver permitted
Underlined text is added; str'.:'ck tSrm:gh text is deleted. 3
to operate a permitted vehicle under 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.
(.q) "Conviction" applies to Florida and to crimes with substantially the same
elements in other jurisdictions covered by the respective criminal history record
check, includin.q military courts, and includes a findin.q of .quilty, or entry of a plea
of nolo contendere or .quilty, re.qardless of adjudication; and in the case of a
juvenile, a findin.q of delinquency based upon elements of the offense that would
constitute commission of such crime if the applicant had not been a minor.
"Sanctions" include, and are not limited to, parole, probation, community control,
conditional release, control release, or incarceration in any state prison, federal
prison, private correctional facility, local jail or other local detention facility,
includin.q juvenile facility.
SECTION TWO. Subsection (d) in Section 142-55 of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
(d) Vehicle decals shall be color coded for each permitting year, February 1 to
January 31. Each vehicle permit and decal shall be separately numbered. The
vehicle decal shall be permanently affixed on each assigned vehicle's left inside
bottom windshield glass corner of the front window and the other decal either on
the left hand side of the vehicle's rear bumper or at the bottom left corner of the
vehicle's rear window, provided each such rear facinq decal is 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 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 the decal. The
certificate holder shall be responsible for notifying the county manager in writing
within ten calendar days of any then currently valid vehicle decal 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 article prior to its being
operated as a vehicle for hire by the certificate holder.
SECTION THREE. 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 FOUR.
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; struck thrcugh text is deleted. 4
SECTION FIVE.
EFFECTIVE DATE.
This Ordinance shall be effective upon receipt by the Florida Department
of State.
PASSEDAND DULY ADOPTED by the Board of County Commissioners
of Collier CdtjnJ%1:Florida this ¢~-,7 day of (~..~.._...~.2004,
s ig~atur'e oe]y.
Approved as to form
And legal sufficiency
Th~r~as -C.~ Palmer,
Assistant County Attorney
BOARD OF~OUNTY COMMISSIONERS,
COLLIER,~UNTY, FLOR~A ..
Dohna Fiala, Chairman
This ordinance filed with the
_edary of ~t_a?'?. Offi~..t~.h,~
ay of,~~C[--#J-ZJ-~l
~;¢~ ctcknow,edgeme.q~.~f thor
f; fr'~.;t received this ~_ day
Underlined text is added; str'-'-ch thrc'.:'gh text is deleted. 5
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:
ORDINANCE NO. 2004-04
Which was adopted by the Board of County Commissioners on
the 27th day of January, 2004, during Regular.Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, -..this 28th day
of January, 2004.
DWIGHT E BROC~
Clerk of Cou'~s..~-nd Clerk-
Ex-officio
County C¢.,m~'sslOner~ ~/.i: ¥3'
B~: Maureen Kenyon, Deputy Clerk