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Agenda 10/13/2015 Item #16K3 Proposed Agenda Changes Board of County Commissioners Meeting October 13, 2015 Continue Item 9C to the October 27,2015 BCC Meeting: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in.Kathleen Riley requests an appeal to the Board of County Commissioners of a final decision by the Collier County Planning Commission to approve Petition BDE-PL20150000487 for an 18-foot boat dock extension over the maximum 20-foot limit allowed by Section 5.03.06 of the Land Development Code for a total protrusion of 24 to 38 feet to accommodate a 26 slip multi-family docking facility for the benefit of a 15.61± acre project to be known as Haldeman Creek Docks in Sections 11 and 14,Township 50 South,Range 25 East,Collier County,Florida(Petition ADA-PL20150001703) (This item is a companion to Item 11B) (Petitioner's request) Continue Item 11B to the October 27,2015 BCC Meeting: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in.Recommendation to approve a Resolution approving a Special Treatment development permit to allow construction of boat dock and dock access improvements on property owned by Standard Pacific of Florida with a zoning designation of RMF-6(3) and a Special Treatment overlay located in Sections 11 and 14,Township 50 South,Range 25 East,Collier County,Florida(This item is a companion to Item 9C). (Staff's request) Move Item 16D15 to Item 11G: Recommendation to approve Resolution 2015- , modifying established procedures relating to emergency repairs of private roads. (Commissioner Henning's request) Continue Item 16K3 to the October 27,2015 BCC Meeting: Recommendation that the Board take no action to amend the Vehicle for Hire Ordinance. (Commissioner Taylor's request) Continue Item 17D to the November 10,2015 BCC Meeting: Recommendation to adopt an Ordinance amending Ordinance 97-82,as amended,which created the Bayshore Beautification Municipal Service Taxing Unit,to expand the district boundary to include County owned right-of- way identified for the purpose of constructing pedestrian streetscape improvements within the right-of-way along Thomasson Drive. (Staff's request) Note: Item 16E7: Withdraw Item 4 from the Administrative Change Order Report,for further staff review and subsequent presentation to the Board. This is a proposed Change Order for the development of the 800 MhZ P25 Radio Communications System. (Staff's request) 10/13/2015 9:10 AM 10/13/2015 16.K.3. EXECUTIVE SUMMARY Recommendation that the Board take no action to amend the Vehicle for Hire Ordinance. OBJECTIVE: In keeping with Board direction arising from a Public Petition, I am bringing back for the Board's consideration alternative changes to the Vehicle for Hire Ordinance in light of Uber and other transportation network companies. CONSIDERATIONS: At its July 7th regular meeting, the Board heard a Public Petition from Mr. Peternal Francois requesting that the Board regulate Uber and other transportation network companies, who do business from remote locations through apps on mobile phones and like devices, rather than the traditional taxi cab business model. Following the Petition, the Board directed the County Attorney to bring back recommendations as to options with respect to this matter. I have since worked closely with Staff in order to present the Board with these options. The following discussion is premised on the fact that Staff has advised me that at no point in time have we had a single complaint from the public about Uber or any other transportation network company; this is an industry issue, not a public one. Our current Vehicle for Hire Ordinance provides in relevant part as follows: "Motor Vehicle for Hire" means any motor vehicle operated by a third party driver engaged in the transportation of persons upon the streets of the county with the intent to receive compensation for providing such transportation. (Ord. No. 2009 -27, §l) Staff interprets "third party drivers" to include local taxi company drivers as well as drivers for Uber and other transportation network companies. Section 5 of the Ordinance contains the following requirements for drivers of vehicles for hire: 1. That the driver has a Florida drivers license. 2. That the driver go through a criminal background check. 3. That the vehicle for hire has minimum insurance. 4. That the vehicle for hire is demonstrated to be mechanically safe. These requirements are imposed on our local taxi company drivers, as well as drivers for Uber and other transportation network companies. Staff has advised me that they have fined Uber drivers for violations of this section, which Uber has in turn paid. Please note that this Ordinance does not regulate drivers of personal vehicles conducting their own private car service. Accordingly, the County's Vehicle for Hire Ordinance, which at Board direction was amended in 2009 to minimize regulation of the industry, encompasses both our local taxi companies as well as the drivers for Uber and similar transportation network companies. Packet Page -2245- 10/13/2015 16.K.3. The issue then is whether the Board wishes to maintain the status quo, amend the ordinance to specifically regulate Uber and other transportation network companies, or deregulate the industry entirely. OPTIONS Option 1. Maintain the Status Quo. The current Ordinance has led to a local industry that is well received by the public. Option 2. Update existing regulations: Existing regulations were not drafted with Uber in mind. Any update would be to specifically define transportation network companies and would impose specific requirements on them. This would require amendment of both the Vehicle for Hire Ordinance and the related Administrative Procedures Manual. It should be noted that most counties have not attempted to regulate this industry. This may be due in part to various proposed bills which would regulate this industry that have been circulating in the State Legislature. Those counties that have enacted local ordinances tend to have large airports which allow certain local taxis to service the airport in exchange for a fee. Uber, which operates globally, has a history of leaving localities that have attempted to regulate their business. Option 3. Complete deregulation: The County could completely deregulate the County's vehicle for hire industry. As with any deregulation effort, public safety should be considered. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board take no action to amend the Vehicle for Hire Ordinance. Prepared by: Jeffrey A. Klatzkow, County Attorney Attachments: Transcript of Public Petition; Ord. No. 2009 -27 (vehicle for hire) Packet Page -2246- 10/13/2015 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation that the Board take no action to amend the Vehicle for Hire Ordinance. Meeting Date: 10/13/2015 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 10/7/2015 8:38:25 AM Submitted by Title: County Attorney, Name: KlatzkowJeff 10/7/2015 8:38:26 AM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 10/7/2015 8:59:21 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/7/2015 9:25:31 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 10/7/2015 9:57:32 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 10/7/2015 11:58:24 AM Packet Page -2247- 10/13/2015 16.K.3. July 7, 2015 Collier County Business of the Month for July, 2015 to Stock Development. To be accepted by Brian Stock, CEO of Stock Development, Keith Gelder, Director of Land Development, and John Cox, President and CEO of the Greater Naples Chamber of Commerce. Gentlemen, if you'd please step forward. (Applause.) COMMISSIONER TAYLOR: Mr. Cox? COMMISSIONER FIALA: Did Christy Bartlett have her baby? COMMISSIONER HILLER: Yes, she absolutely did. And it's adorable. Or the baby's adorable. COMMISSIONER TAYLOR: Congratulations, Christy. Item #6A PUBLIC PETITION FROM MR. PETERNAL FRANCOIS REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS INCREASE THE PENALTIES FOR TAXI LICENSE VIOLATIONS - MOTION FOR THE COUNTY ATTORNEY TO BRING BACK INFORMATION TO THE BOARD IN SEPTEMBER — APPROVED MR. OCHS: Item 6.A is a public petition request from Mr. Peternal Francois requesting that the Board of County Commissioners increase the penalties for taxi license violations. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN NANCE: Yes, sir. COMMISSIONER HENNING: This is an ongoing code enforcement case. CHAIRMAN NANCE: Yes. COMMISSIONER HENNING: So under our rules the Board Page 27 Packet Page -2248- 10/13/2015 16.K.3. July 7, 2015 shall not have any discussion after the presentation. COMMISSIONER TAYLOR: Okay. CHAIRMAN NANCE: Sir. MR. FRANCOIS: Good morning. Thank you. I want to start by explaining the process -- well, not the process, what Uber Technology and the new industry called Network Transportation is. Essentially Network Transportation Company generally enters into the local market without seeking prior approval from regulators, because Network Transportation companies wants to play by its own rules. Avoiding fees and driver for hire that are required to pay like property -- I mean proper licenses, decal, permits to conduct ground transportation on the streets of Collier and the airport. Sometimes price gouging customers by using search pricing. Network Transportation companies are more than just an application on your smart phone for arranging transportation service, for compensation, using an on -line enabled base application such as a smart phone app. to connect drivers and using their personal vehicle for passengers. It's a company using an app. to dispatch to independent contractors. Essentially they are not performing the same function -- essentially they are performing the same function as a livery or dispatch office does, and charge -- and does not change the underlying nature of the transportation service being offered. The app. is served as a taxi meter because it calculates the distance in a fair which Uber takes a percentage of which is similar to a taxi lease. As some of you may already know, Uber and Lyft drivers are not using commercial insurance policies, they're using their personal automobile insurance policy, meaning the passengers are not covered in the event of an accident. Because the drivers are -- because the driver was using their Page 28 Packet Page -2249- 10/13/2015 16.K.3. July 7, 2015 personal automobile policy for hire, the insurance company can and will deny any claim in the event of an accident, leaving the passenger or the public at risk, where they will face -- at risk with unpaid medical bills and injuries. The driver's insurance policy will cancel. And on the company's website it says it carries a $1 million policy. The policy only covers the passenger for the duration of the ride. When the drivers make side arrangement with passengers without using the app., that will leave a coverage gap in insurance where the rider will not be covered, because the app. will -- I mean the insurance will cover you only when the app. is on. If the app. is not on -- where most of the time you will find passengers that will make personal arrangement with the driver, if they like the person, they'll be like I want this person to pick me up again. But if the app. is not on where the driver is going around Uber, then that passenger is not covered. We need to assure that the necessary steps and measures have been taken to provide the most orderly, efficient and safe taxi and livery service to all citizens and visitors who use these service within the city streets, we need to protect the safety and well -being of the resident and visitors of our city streets who use the service of vehicle for hire to meet their transportation need. The prevent -- the prevention of unfair, deceptive and predatory practice we urge your support for stronger regulation on illegal taxi operation here in the streets of Collier County. We need the County Attorney Office to prepare a motion for injunction to be filed. They must cease operation in Collier County until their drivers fall in line with county taxi laws and transportation regulation. We need to make illegal operation more expensive to operate so that the driver and the company could be motivated to follow the regulation, strict penalty to allow the city and the county staff to better serve as the code enforcement department says, they are limited to what they can and Page 29 Packet Page -2250- 10/13/2015 16.K.3. July 7, 2015 cannot do as far as the regulations go. But if we do make it a misdemeanor, that will deter the drivers from driving without the proper licensing. So what I'm asking today is for -- is that you consider making it a misdemeanor so that drivers could think twice before they get behind the wheel with the Uber app. on. I have some headlines where a driver who had three previous DUI got approved by Uber to drive passengers. And on the way to a passenger he got pulled over where he got a fourth DUI. I'm sure some of you have seen the news. And on top of that, Broward County -- yesterday around 5:00 Uber announced that they would leave Broward County because Broward County stand behind their ordinance, and they ask that Uber Technology either follow it or pack up and, go, which is exactly what the headlines said. And I've been in touch with a few other counties, and I talked to code enforcement. Hillsborough County already have their cease and desist petition already done, ready to file. And I have a copy of it right here in case the Commissioners want to go over it. Furthermore, I have a copy of the ordinance here which states: Providing for Collier County vehicle for hire license requirement, establishing penalty, providing for inclusion in the code of law and ordinance. So technically -- well, basically what we're asking as the cab industry is for that ordinances be updated or somehow enhanced to fit the -- for the same rules to apply to both Uber and Lyft, or any other ride - sharing company that's functioning here in Collier County. Because we have to have put the safety of our residents, because we don't want these to start happening more often. If you look at the news, all you got to do is type Uber, you will find everything such as passenger getting raped -- this is the headline Page 30 Packet Page -2251- 10/13/2015 16.K.3. July 7, 2015 for Broward County where the Uber Technology announced they would leave starting the 31 st of this month. I don't know if you have any questions. CHAIRMAN NANCE: Thank you, sir. Commissioner Henning, then Commissioner Hiller. COMMISSIONER HENNING: That was from before, my light. CHAIRMAN NANCE: Oh, I'm sorry, sir. Commissioner Hiller. COMMISSIONER HILLER: I just wanted to know who all the gentlemen were sitting in the back of the room. MR. FRANCOIS: We have some of the taxi drivers and owners here today to support the request. COMMISSIONER HILLER: And the record should reflect how many people are in the back that are taxi drivers. MR. MILLER: Mr. Chairman, I did have one gentleman registered to speaker. I explained to. him that we do not accept speakers on public petitions. CHAIRMAN NANCE: We do not take speakers on public petitions. I'm sorry. As Commissioner Henning indicated, this is an active code enforcement case, Commissioner; is that correct? So we're going to limit comments. Commissioner Taylor, any questions? COMMISSIONER TAYLOR: How much -- we can't discuss specifically the concept of Uber and where we stand as a county in terms of regulation? MR. KLATZKOW: You can talk about that if you'd like. COMMISSIONER TAYLOR: Okay, I'll keep my remarks specifically to that area. MR. OCHS: Sorry for the interruption, Commissioner. I'm told by our Code Enforcement Director that we do not -- this Page 31 Packet Page -2252- 10/13/2015 16.K.3. July 7, 2015 is not an active code case at this time. COMMISSIONER TAYLOR: Oh, good. So Mr. County Attorney, where do we stand with regulation according -- regarding Uber? It's my understanding that the country of France has just outlawed Uber. So where are we on this list? MR. KLATZKOW: Well, we deregulated this industry a couple of years ago. If you want to bring action against Uber, and Uber's based well outside of Collier County, as you know. If you want to bring action against them, you're going to have to amend your ordinance to specifically provide that they fall within the ambient of the ordinance. At that point in time we can take action against Uber itself. Right now at this point in time really you're just left going after the drivers. COMMISSIONER TAYLOR: Okay. I would support that. I don't know about my colleagues. CHAIRMAN NANCE: I'll make a motion that we just have the County Attorney look into it and come back to the Board in September i. with some recommendations as to our options. COMMISSIONER FIALA: That's a good idea I'll -- COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: --second that. CHAIRMAN NANCE: Discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER HENNING: Aye. Page 32 Packet Page -2253- 10/13/2015 16.K.3. July 7, 2015 CHAIRMAN NANCE: Approved 4 -1 with Commissioner Henning in dissent. COMMISSIONER TAYLOR: And Mr. Francois; is that correct? MR. FRANCOIS: Yes. COMMISSIONER TAYLOR: Thank you for coming here today. English is not your native language. MR. FRANCOIS: No. COMMISSIONER TAYLOR: You are to be commended for taking the courage to come and speak to us on your presentation. Thank you. MR. FRANCOIS: Thank you. CHAIRMAN NANCE: All right, sir. Mr. Ochs, I think that takes us, as the Board indicated, to Item I l .H? Item #1 1 H FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE, INC. AND THE BOARD OF COUNTY COMMISSIONERS — APPROVED MR. OCHS: Yes, sir, that was previously Item 16.F.4, moved to the regular agenda at Commissioner Henning's request. It's a recommendation to approve the first amendment to the agreement between the Southwest Florida Economic Development Alliance, Incorporated and the Board of County Commissioners. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, I don't know why the Alliance can't bear the cost of this item instead of the county. It's their request. Is there a reason? Alliance is what, the Chamber of Page 33 Packet Page -2254- Collier County, FL Code of Ordinances 10/13/2015 16.x.3. Chapter 142 - VEHICLES FOR HIREV] Footnotes: --- (1) --- Cross reference— Businesses, ch. 26; traffic and vehicles, ch. 130. State Law reference— Authority to act in the common interest of the people of the county and exercise all powers and privileges not specifically prohibited (all in a manner not inconsistent with law), F.S. § 125.01(1)(w). ARTICLE I. - IN GENERAL Secs. 142 -1- 142 -25. - Reserved. ARTICLE II. - PUBLIC VEHICLES FOR HIRE[21 Footnotes: --- (2) --- Editor's note —Ord. No. 2009 -27, §§ 1 -8, adopted May 26, 2009, amended art. 11 in its entirety to read as herein set out Former art. 11, entitled "Taxicabs and Charter Services ", §§ 142.26- 142.60, pertained to similar subject matter, and derived from Ord. No. 95 -66, § 1; Ord. No. 01.75, § 1, adopted Dec. 11, 2001; and Ord. No. 2006 -59, § 1, adopted Dec. 12, 2006. 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: "Charter Service Vehicle" means any motorized chauffer- 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. "Motor Vehicle for Hire" means any motor vehicle operated by a third parry driver engaged in the transportation of persons upon the streets of the county with the intent to receive compensation for providing such transportation. "Taxicab" means a motor vehicle equipped with a top light, designed to accommodate not more than eight passengers, excluding the driver, which is operated for compensation based upon rates reflected on a taximeter. "Public Vehicle Board" means the Collier County Board of County Commissioners sitting as the Public Vehicle Board. (Ord. No. 2009 -27, § 1) 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. This article is intended, and shall be construed, as a direct regulatory measure uniform in application throughout the county. No license or permit issued pursuant to this article shall be construed as a grant to authorize the license or permit holder to engage in any business at any airport on any county or municipal property or operated by the county or by any municipality. Nothing in this article shall affect any ordinance of any municipality. Packet Page -2255 - about:blank 10/5/2015 Collier County, FL Code of Ordinances (Ord. No. 2009 -27, § 2) Sec. 142 -28. - Regulation. 10/13/2015 16.K.3. The Board of County Commissioners shall have the right to license and regulate taxis, jitneys and limousines for hire. These regulations shall be implemented via Resolution of the Board of County Commissioners. An administrative manual shall be created and approved via Resolution of the Board of County Commissioners for the licensing and regulation of motor vehicles for hire in Collier County. The administrative manual is to be incorporated herein by reference and is made a part hereof. Changes may be made to the manual by resolutions adopted by the Board of County Commissioners. The manual shall be utilized by County staff in the issuance of Collier County licenses. (Ord. No. 2009 -27, § 3) Sec. 142 -29. - Consumer advisory board. (a) A Consumer Advisory Board (CAB) is hereby established for the purpose of hearing any appeals from adverse administrative decisions regarding a public vehicle license permit. The CAB is established for the purpose of hearing all public consumer issues. (b) The CAB shall adopt a vehicle safety standard form for all motor vehicles for hire. (c) The CAB shall consist of five (5) members appointed by the Board of County Commissioners. Terms of office shall be for four years and shall be staggered. Meeting attendance shall comply with the provisions of Ordinance 2001 -55, as amended. No member of the CAB shall be a current motor vehicle for hire owner or operator, nor shall they be a family member of the same household of a current motor vehicle for hire owner or operator. A Chairman and a Vice - Chairman shall be elected by the CAB annually. Adverse decisions of the CAB may be appealed, within thirty (30) days, to the Board of County Commissioners. (Ord. No. 2009 -27, § 4) Sec. 142 -30. - Collier county license requirements. (a) Each driver of a motor vehicle for hire must hold a current and valid driver's license issued by the State of Florida. The Florida Driver's License must authorize all types of driving being conducted by the driver. All motor vehicles for hire in Collier County must have a Collier County license. All motor vehicle for hire operators must also have a Collier County license to operate. (b) All applicants for either or both Collier County licenses must list all felony and misdemeanor convictions within the past ten (10) years. A murder conviction in the past twenty (20) years is a basis for denial of a county license. Any previous driver's license suspension is a basis for denial of a Collier County license. (c) County staff is responsible for requesting criminal history record checks on all applicants. The information supplied to staff in response to a criminal history record check shall assist in determining the applicant's eligibility to operate a vehicle for hire under this article. Criminal history record checks shall be performed on all persons with an interest in the application. The minimum fee charged for a criminal background check shall be adopted by the Public Vehicle Board via resolution. In the event that the background check fee charged to the county exceeds the minimum fee established by the county, the applicant(s) shall be responsible for the actual cost of the search. Packet Page -2256 - about:blank 10/5/2015 Collier County, FL Code of Ordinances 10/13/2015 16.K.3. If, as a result of either the criminal history record check or the applicant's disclosure, one or more of the following are discovered, the applicant shall be denied a permit: (1) Conviction in the past five years of a felony; (2) Conviction within the past three years of any crime involving the sale or possession of controlled substances as defined by F.S. § 893.03, or the RICO Act, F.S. ch. 895; (3) Conviction in the past three years of driving a motor vehicle while under the influence of drugs, alcohol, or with an unlawful blood alcohol level; (4) A finding of guilt or plea of guilty or a plea of nolo contendere to a felony, misdemeanor or ordinance, any of which involve moral turpitude, or to any offenses listed in subsections (1), (2), or (3) of this section, within the past three years, or five years if a felony. Moral turpitude shall be defined in statutes, case law, or ordinance. This subsection applies notwithstanding suspension of sentence or withholding of adjudication or sentencing. (e) All motor vehicles for hire must be insured against loss sustained by reason of death, injury to persons and damage to property in the following amounts: (1) $125,000.00 for bodily injury to any one person; (2) $300,000.00 for bodily injuries to more than one person which are sustained in the same accident; (3) $100,000.00 for property damage sustained in anyone accident. (f) A copy of a valid and current insurance certificate for all motor vehicles for hire in Collier County must be on file with county staff at all times. (g) The license holder shall verify that each vehicle for hire is in a mechanically safe and sound condition and state all known defects to the vehicle using the CAB approved vehicle safety standard form. (Ord. No. 2009 -27, § 5) Sec. 142 -31. - Renewal of licenses. All Collier County licenses for a vehicle for hire are valid for one (1) year. A criminal background history check along with the corresponding fees shall be a part of the annual renewal. (Ord. No. 2009 -27, § 6) Sec. 142 -32. - Maximum rates. The Public Vehicle Board shall have the ability to establish via Resolution maximum rates that may be charged by Taxicabs and Charter Service Vehicles. The public vehicle board's establishment of any maximum rate shall not prevent any licensee from charging a rate below the maximum. (Ord. No. 2009 -27, § 7) Sec. 142 -33. - Penalties. (a) Each complaint of a violation of this article may be referred to the Collier County Code Enforcement Board, Special Magistrate, or the proper court if administrative staff deems the complaint having raised a reasonable suspicion that a violation has occurred or is occurring. The Code Enforcement Board may utilize the services of a Special Master. Packet Page -2257 - about:blanl: 10/5/2015 Collier County, FL Code of Ordinances 10/13/2015 16.K.3. (b) A $1,000.00 fine shall apply to each insurance violation. (c) A $1,000.00 fine shall apply when a vehicle for hire is operated without a Collier County license to operate. (d) An individual who operates a vehicle for hire without a then effective Collier County driver's ID or State of Florida Driver's License shall be fined $500.00 for a first violation and be fined $1,000.00 for a second time violation. The penalty for a third such violation shall be a $2,000.00 fine. (Ord. No. 2009 -27, § 8) Packet Page -2258 - about:blank 10/5/2015