Ordinance 2005-60
ORDINANCE NO. 2005- 60
. INANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER,
NTv ORDINANCE NO. 2001-75, AS AMENDED, THE PUBLIC VE;8~CU:.
FOR HIRE ORDINANCE TO INCREASE THE MAXIMUM ALLOWED' :'fAXt e
.-, It
FARES; TO AUTHORIZE ADDITIONAL SIGNAGE ON VANS; TO REQUIRe-;
THAT EACH APPLICANT FOR A CERTIFICATE TO CONDUCT A VEHICLE
FOR HIRE BUSINESS MUST VIEW STAFF'S POWER POINT PRESENTÂTION
REGARDING THIS ORDINANCE; TO AUTHORIZE ISSUANCE OF NOTICE OF
VIOLATIONS THAT IMPOSE IMMEDIATE FINES FOR CONTINUING
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VIOLATIONS; TO REQUIRE ANNUAL RENEWAL OF DRIVER'S· ID; TO
DELETE THE REQUIREMENT THAT COUNTY STAFF OBTAIN FBI CRIMINAL
BACKGROUND CHECKS BECAUSE PRESENTLY SUCH CHECKS CANNOT
BE OBTAINED BY STAFF DIRECTLY FROM THE FBI; TO PROVIDE THAT
THEN EXISTING LEGALLY RECOGNIZED INSANITY OF A VEHICLE FOR
HIRE OPERATOR (OR OPERATOR APPLICANT) DISQUALIFIES THAT
INDIVIDUAL FROM OPERATING A VEHICLE FOR HIRE UNLESS AN
EXCEPTION 'IS GRANTED BY THE PVAC; THAT CONVICTION WITHIN THE
PRECEDING TEN YEARS OF ANY FELONY LISTED IN CHAPTER 784,
FLORIDA STATUTES, (RELATING TO ASSAULT ANDIOR BATTERY ON A
HUMAN BEING) DISQUALIFIES THAT INDIVIDUAL FROM OPERATING A
VEHICLE FOR HIRE UNLESS AN EXEMPTION IS GRANTED BY THE PVAC;
TO INCREASE FINES; TO PROVIDE THAT THE CODE ENFORCEMENT
DEPARTMENT ASSIGN PVAC RELATED ORDINANCE ENFORCEMENT
CASES TO THE CODE ENFORCEMENT SPECIAL MASTER OR CODE
ENFORCEMENT BOARD; CLARIFYING PROVISIONS REGARDING SUB-
CERTIFICATES; AMENDING PROVISIONS REGARDING VEHICLE DECALS;
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING A DELAYED
EFFECTIVE DATE
WHEREAS, The Collier County Public Vehicle Advisory Committee (PVAC) is
recommending to the Board of County Commissioners (the Public Vehicle Board)
("Board") that Collier County Ordinance No. 2001-75, as amended, the Public
Vehicle for Hire Ordinance, be amended to authorize increased taxi fares from
$2.15 to $2.50 for the first one-tenth mile, and from 40 cents to 45 cents for each
additional two-tenths mile or fraction thereof ($2.25 per mile), subject to the taxi's
fare meter being recalibrated to reflect increased fares; and
WHEREAS, the PVAC is recommending that vans be authorized to have specified
text and/or logos painted on the front, sides, and rear area of a van provided such
signage does not exceed thirty percent (30%), including window~ of the van's
front area, rear area, and side areas, each area to be calculated separately, all
subject to limitations/prohibitions of then applicable statutes, rules and regulations;
and
WHEREAS, the PV AC is recommending that the this Ordinance's existing twenty-
five dollar ($25.00) fines be increased to one hundred and five dollars ($105) for a
first violation, and be further increased as specified herein for additional separate
in time violations of this Ordinance by the same violator if a 2nd, 3rd or more than a
3rd violation occurs within 365 days of the preceding violation; and
WHEREAS, the PVAC is recommending that each Code Enforcement Officer who
witnesses a continuing condition violation of this Ordinance be authorized to issue
notices of violation(s) that impose immediate fines for those violations; and
WHEREAS, the PVAC is recommending that prerequisite to the PVAC issuing a
certificate, all applicants for a certificate to operate a vehicle for hire business, who
has not already done so, must view staff's power point presentation regarding the
County's then existing PVAC Ordinance; and
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WHEREAS, the PV AC is recommending that each PV AC issued vehicle for hire
driver's identification card (10) must be renewed each calendar year and each year
must affix a PVAC issued 10 renewal stamp on the front of the driver's 10, and that
each applicant for a driver's 10 (and each annual renewal thereof) must provide to
staff an affidavit that swears, if true, that the Affiant is authorized by that
applicant's operator's permit, criminal record and then existing state of sanity, to
be issued the original 10, or 10 the renewal 10; and
WHEREAS, the PV AC is recommending elimination of the current requirement in
this Ordinance (to acquire FBI national criminal background checks) because
County staff cannot currently obtain those checks directly from the FBI, but staff is
recommending that FBI background checks be acquired by staff if, in the future,
those FBI checks can in fact be acquired from the FBI directly to County staff. At
its September 13, 2005 meeting, this Board directed that staff try to get assistance
and cooperation from the Sheriff's Department regarding FBI checks, therefore
authorization to do so has been added to this Ordinance; and
WHEREAS, the PV AC is recommending that all felonies now or hereafter listed in
Chapter 784, Florida Statutes, (assault and/or battery upon a human being) be
added to this Ordinance's ten (10) year crimes, and that for the purposes of
authorizing an individual to operate a vehicle for hire pursuant to this Ordinance,
legally recognized insanity of the vehicle for hire operator (or vehicle for hire
operator applicant), including any acquittal of any crime because of insanity of that
individual applicant, shall disqualify the individual from operating a vehicle for hire
pursuant to this Ordinance unless an exemption if granted to that individual by the
PV AC; and
WHEREAS, the PV AC is recommending that the PV AC no longer conduct any
Ordinance enforcement hearings, but that each Ordinance violation case related to
vehicles for hire be assigned by the Code Enforcement Department either to a
Code Enforcement Board or to the County's Code Enforcement Special Master, as
appropriate regarding the specific case; and
WHEREAS, the PV AC is recommending clarifications that sub-certificates are
limited to the same owners and to the geographic areas as is then authorized by
the related full certificate (in SECTION SIX), and is recommending deletion of an
outdated sentence (in SECTION SEVEN); and
WHEREAS, the PV AC is recommending amendments regarding the authorized
locations of vehicle decals on vehicle for hire vehicles; and
WHEREAS, the PV AC is recommending that this Ordinance become effective on
the first day of the month following staff's receipt of notice from Florida's Secretary
of State that this Ordinance has been received by that office; 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 PV AC to operate a
vehicle for hire pursuant to Ordinance No. 2001-75, as amended; and
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WHEREAS, following Pratt v. City of Hollywood, applying Section 125.5801,
Florida Statutes, and the County's home rule powers, the Board hereby approves
all of the PVAC's recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Subsection 142-32(12) of the Collier County Code of Laws and
Ordinances, (the same being part of Section One of Collier County Ordinance No.
2001-75. as amended, is hereby further amended to read as follows:
(12) 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, and other then applicable laws. Excopt to the oxtont
then required by la'N, no signago or toxt shall bo affixod to or displayod in any
vehicle for hiro vehicle windo'J.' oxcept a chartor sorvice vehiclo may display the
vohiclo idontification numbor assignod by tho County to tho vohicle. Subjoct to
applicablo laws, rulos and/or regulatiors, one 0 mail address of tho vohiclo for hire
individual or entity may bo displayed from the rear \....indQl.\' or from one side windo'....
of each chartor sorvico vohicla or taxi providod sarno is displayed horizontally, is
levol, is proportionally spaced, and tho total horizontal dimonsions theroof do not
excoed fivo (5) inches in hoight. Tho number and 0 mail address displayod from
the windO'.\' shall not bo stacked one over the othor.
SECTION TWO: Subsection 142-33(j) of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
(j) 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 1707 is clearly visible to passengers. The text of the
10 Card must by in English and must include a color photograph of the driver, the
emboldened Card number assigned to that driver from the County must be in
emboldened text and must include a telephone number that can be called to
contact the PV AC Staff, and must include "Receipt for cash payment available
upon request" and "How was your service?" Additional details regarding the 10
Card, such as its size, shape and text can be modified from time-to-time by
resolution(s) adopted by the PV AC. No one except an authorized County
employee shall in anyway alter any such County issued 10 Card. Each driver's
PVAC issued 10 must be renewed every twelve (12) months (durinq the
anniversary month of the respective 10) and a PV AC issued 10 renewal stamp
must be affixed to the front of the driver's 10 durinq the month of the driver's
oriqinal 10 issuance. Oriqinal issuance of the 10. as well as issuance of each
annual operator's 10 renewal stamp, shall be subject each year to staff receivinq
that driver's affidavit swearinq under oath, if true, that the driver's Florida
operator's permit authorizes operation of all types of for hire vehicles that
individual is then authorized bv the PV AC to operate. and that the driver has not
been found quilty or convicted. reqardless of adjudication, within the applicable
time frames of anv crime listed in Section 142-37 of this Article, and that the
applicant has never been found not auiltv of anv crime (felonv or misdemeanor)
because (due to) that applicant's insanitv, and. finally. that the applicant is not then
insane bv adjudication or bv certification bv phvsician(s). Driver 10 fees. if anv.
shall be set bv Board of County Commission Resolution(s).
SECTION THREE: Subsection 142-34(d) of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
(d) Charter Service Vehicles. Charter service vehicles shall not hereafter
be painted in any color scheme that has then been authorized by the PV AC to any
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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 an area not to exceed 72 square inches in total area and
permanently affixed to the rear bumper or other place on the rear of the vehicle,
but not on any window. No charter service vehicles shall RGt 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. Except to the extent then
otherwise required bv law. no siqnaQe shall be affixed to or displaved from. in or
on any vehicle for hire vehicle window (other than on van windows) on onlv one (1)
window as follows: The PVAC issued vehicle 10 number and the applicable e-mail
and/or web site addressees). which text (except on van windows) must be
displaved horizontallv. level and be proportionallv spaced. and the window siqnaqe
vertical dimensions (except on a van side windows) shall not exceed four (4)
inches in heiqht and shall not be stacked one over the other. Van Signaqe: Total
siqnaqe on each van. includinq handicapped vehicle van, may cover UP to thirty
percent (30%) of the van's frontal area. side areas. and the rear area. all includinq
the van's respective window areas. The van's front area, rear area. and side area
thirty percent (30%) maximum shall be calculated separatelv. Siqnaqe on the front
area of a van may include the name of the certificated individual or entity (which
may be part of the van's loqo). but the text on the van's front siqnaqe. includinq
when part of the larqer loqo. shall not exceed a heiqht of fo'ur inches (4") inches.
Siqnaqe on the rear area of a van may include the name. loqo. and/or telephone
number(s) of the PVAC certificated individual's (or the PVAC certificated entity's
name). and onlv the text (letters and/or numbers) on a van's rear area shall not
exceed a heiqht of six inches (6"). but the loqo may exceed such heiqht. Siqnaqe
on the side area(s) of a van may include the PVAC certificate holder's address.
and its name (separatelv or as part of a loqo). telephone numbers(s) and e-mail
and/or website addressees). Neither the size of text nor any other siqnaqe on a
side area of the van is limited bv this Article except as to the maximum thirty
percent (30%) total side siqnaqe coveraqe area, which includes the respective
side window area(s). Siqnaqe existinq on a vehicle for hire van as of the effective
date of this Article that does not then complv with these siqnaQe specifications is
allowed a qrace period of three hundred and sixty-five (365) days from that date to
brinq such van signaqe into compliance with requirements of this subsection (d).
SECTION FOUR: Subsection 142-35(b) of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
(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-:+é 2.50
(2) For each additional two-tenths mile or fraction thereof $0.4G 0.45
SECTION FIVE. Subsections 142-37(b), (c) and (g) of the Collier County Code
of Laws and Ordinances, are 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
(b) Before 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 by having the Florida Department of Law Enforcement and the FBI provide
directly to staff that individual's below-described fingerprint based criminal record
checks and an affidavit properly sworn to and subscribed by the driver applicant
and delivered to County staff swearing or affirming, if true, that such driver
applicant is not then adjudicated as beinq insane. is not then certified bv
phvsician(s) as beinq insane. and had never been acquitted anYWhere of any
crime because of that individual's insanity. and has not been found guilty or
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convicted, regardless of adjudication, of any of the following three 1ID year crimes
(if convicted within the then past three 1ID years) and/or any of the following ten
í1Ql 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 1ID years. Each applicant must be fingerprinted and the
applicant must have those fingerprints delivered to the Florida Department of Law
Enforcement for a state criminal history check and. if then feasible. to the FBI for a
national criminal history record check. County staff is hereby authorized to request
assistance and cooperation to acquire FBI checks throuQh the Collier County
Sheriff. 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 PV AC and staff shall take into account every acquittal
of any crime anytime and anyWhere based upon insanity of the applicant, but shall
not consider any other conviction, as "conviction" is defined in this Ordinance, that
occurred more then ten í1Ql years before the date of the application, and shall not
consider any conviction that had been set aside by post-conviction proceeding.
Such post conviction proceedinQs information is also exempt from subsection
119.07(1), Florida Statutes, (Public Record's LawLdisclosure.
The Three year crimes are:
(1) 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; or
(3) Driving while intoxicated or under the influence of drugs or any other alcohol or
drug related offense; or
(4) Vehicular manslaughter; or
(5) Reckless driving; or
(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 age of eighteen (18) for prostitution, which is listed below
as a ten year crime.
The Ten Year Crimes are:
(7) Murder, manslaughter, armed robbery; or assault with a deadly weapon or
aggravated assault except when the only victim of such assault was a member of
the applicant's family and the assault occurred during a family dispute; or
(8) Section 784.011, relating to misdemeanor assault, provided the victim of such
assault was a minor; or (9) and/or Section 784.03, Florida Statutes, relating to
misdemeanor battery, provided the victim of the battery was a minor; or
(9) Each felony listed in Chapter 784. Florida Statutes. irrespective of the aQe of
any victim of any such felony: 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, relating to false imprisonment of a chHd
under the age of thirteen (13) unless the child was the driver applicant's child; or
(12) Section 787.025, Florida Statutes, related to luring 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
battery; 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 age;
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 aggravated child abuse; or
(19) Section 827.04, Florida Statute, relating to contributing to the delinquency of
a child; or
(20) Subsection 827.071 (2), Florida Statutes, relating to use of a child in sexual
performance; or
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(21) Subsection 827.071 (3), related to promoting a sexual performance by a child
unless the driver applicant can prove to the PV AC 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 PV AC the following by clear and convincing 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/or from each ten (10) year crime; (iii) the
relationship of the applicant to each victim, including the age and gender of each
victim; (iii) all harms the commission of the crimeí.§l caused to each victim, (vi)
whether the crime involved violence or use of a weapon, (v) the applicant's history
since the date of each conviction, including evidence of rehabilitation, (vi) whether
the applicant is likely to present any such victimization to any vehicle for hire
passenger, and (vii) the applicant's response to medical treatment, if any, related
to such criminal behaviors, includinq any crime from which the applicant was
acquitted because of that individual's insanity. and (viii). the applicant's then
existinq state of sanity if the applicant had ever been found not quiltv or otherwise
acquitted anywhere at any time of any crime (felonv or misdemeanor) because of
(due to) that individual's insanity. or is then judiciallv declared. or is then medicallv
certified, to be insane. If an individual applving for a certificate to operate a vehicle
for hire under this Article is then classified as beinq insane because of adjudication
or bv a findinq of phvsician(s). or had ever been found not guiltv (acquitted) of any
crime. no exemption shall be qranted bv the PV AC unless a physician then
certified to practice psychiatry if Florida and who is familiar with the insanity and
history of that applicant, certifies to the PV AC that in his/her medical opinion said
applicant is phvsicallv, emotionallv and otherwise medicallv Qualified to operate a
vehicle for hire. and is also no threat to the welfare of any vehicle for hire
passenQer without that individual needinq medication to control his/her
behavior(s): and that applicant must personallv testify before the PV AC with
reqard to his/her application for the vehicle for hire driver's insanity exemption. In
each and every case listed above, the PV AC may impose restrictions upon the
applicant's vehicle for hire driving activities.
(g) Throuqhout this Ordinance. "Conviction" applies to Florida and to
crimes with substantially the same elements in other jurisdictions covered by the
respective criminal history record check, including military courts, and includes a
finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of
adjudication. but in the context of this Article does include acquittal because of
(due to) insanity of the applicant of any crime (felonv or misdemeanor) anywhere
and at any time; and in the case of a juvenile, a finding 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, including juvenile facility.
SECTION SIX. Subsection 142-51 (b) of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
(b) Sub-certificates. If a certificated individual or entity, for any legitimate
business reason(s), requests issuance of a sub-certificate from the PVAC, the
PV AC may issue one or more sub-certificates requested by the applicant subject
to supplyina staff with written proof that the sub-certificate shall be owned onlv bv
the owner(s) of the related full certificate. and that the sub-certificated operations
shall operate only from the same qeographic location(s) as the operations
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authorized bv the related full certificate as dotormined by tho PV J\C to bo
appropriato under tho circumstancos. The application fee and the renewal fee
shall be one-half the then applicable fee for a full certificate. The applicant
requesting a sub-certificate need 9Aty not provide to staff any information that is
required prerequisite to applying for a full certificate provided such information
relevant to all 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 trade name to the applicant's full certificate. Sub-certificates are a courtesy to
the certificate holder whereby all decisions by the PV AC 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 PV AC for
good cause in the specific case. The PV AC 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.
SECTION SEVEN. Subsection 142-52(a)(6) of the Collier County Code of
Laws and Ordinances is hereby amended to read as follows:
(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 af 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 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 the county. The procoding sentonce
shall not apply to cortificated entities that have boon grand fathorod prior to the
affective dato of this article by having boon issuod propor certificates without tho
noed to comply with said roquiromont. Each such grand fathered individual or
entity must comply with this requirement to be eligible to be issued its PV AC
certificate for 2004, 2006 or prerequisite to transfer its certificate, or permit prior to
that time. Each person or entity planning to operate under a fictitious name shall
attach to the application a notarized copy of the newspaper notice published in
accordance with Section 865.09, Florida Statutes.
SECTION EIGHT. Subsection 142-53(b) of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
(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. Prerequisite to beinQ issued a certificate. each Applicant for a
certificate. but not any applicant onlv for vehicle operator certification. must view
staff's power point presentation reQardina this Article if not previously viewed by
such individual(s).
SECTION NINE. Subsections 142-55 (d) and (g) are 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 outside bottom windshield glass corner of the ff9At rear window
and the other decal oithor on the left hand side of tho vehicle's rear büñï'por or at
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the bottom loft right outside top windshield glass corner (driver's side) of the
vehicle's feaf front window, provided oaoh suoh roar facing docal is clearly visible
'JJhon viewed from diroctly bèhind the vohiole. 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 oxpiration of the pormittod poriod, the certificate holder shall
remove the vehicle decal and provide all remnants of such removed decal to
county staff thoreby destroy the docal. 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.
(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 PV AC. No pormit shall be grantod to any
cortificate holder to operato any taxic~b covorod by this article.
SECTION TEN. Section 142-58, (Disciplinary Proceedings) of Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
(a) Each complaint of a violation of this Article, exoopt pursuant to
subsection 142.57(a), including any other County Ordinance referenced in this
Article, or although not referenced in this article, is independently applicable to the
respective vehicle, individual, and/or entity, building, structure. or parcel of land,
that is regulated by this Article or such other Ordinance shall be made only to the
PV AC Code Enforcement Board staff emplovee or to the PV AC. The PV AC
emplovee is authorized to refer such a complaint to the Code Enforcement Board
or to the Code Enforcement Special Master. Tho PV AC staff may initiato
disciplinary procoedings to tho code enforcomont board against a cortificate holdor
drivor, or othor violator for violations of this article aftor receiving a sworn '.witten
complaint or after witnessing tho rospectivo 'iiolation(s). ':'\'honovor possible, tho
allegod violator will be pro\'idod written notioe of violation at loast 10 days bofore
the proceedings will bo addressod by the PV AC. Procedural rules applicable to the
Code Enforcement Board and/or the Code Enforcement Special Master will apply
to cases referred te Qy the Code Enforcement Department Board.
(b) Any porson who beliovos that a certificate holder or drivor has violatod
any provision of this article, or other Ordinance shall submit ª complaint the
County Managor. The complaint may be by letter. Each oomplaint, writton or oral,
must include the name, mailing address and tolephone number of tho
complainant. With assistance of staff, the complaining party should attempt to
specify with particularity which section(s) of this article, other applicable
ordinances, 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 written or oral complaint, or upon knowledge
however obtained that raises staff reasonable suspicion that a violation has
occurred or is occurring, the County Managor Code Enforcement Investigator may
conduct a preliminary investigation and determine whether the facts as known
warrant filing formal charges or issuance of a written notice of violation to the
alleged violator. If such action referral is warranted, the County Manager Code
Enforcement Department shall refer the case to the Code Enforcement
Department or Code Enforcement Special Master for enforcement. file a copy of
staff's complaint with tho Chairman of tho PV AC and shall sond, by oortifiod mail,
return roooipt roquostod, or by hand dolivory or other then la':.'ful means of service,
a lottor or other written notioe of violation to tho certificate holder and/or drivor or
othor violator at his or her last known addross as sho't.'n on Staff's records. If
8
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othor than by the thon applicablo standard form notioo of violation, tho notico
documontation shall onclose a copy of tho complaint indicating:
(1) Tho name of tho complainant;
(2) The dato(s) of tho commission of tho allogod offonse;
(3) The soctions of this articlo or othor ordinanco, law, rulo or regulation
allogod to havo boen violatod;
f4t @ If the violation is a continuina condition. includina condition of a
vehicle and/or place of business premises that is/are curable, the notice of
violation shall include the number of days after receipt of such notice that the
violation(s) must be corrected (the deadline date or dates) and the deadline date
(or dates) when written proof of the cure must be delivered to staff. Failure to
make all such corrections as required and/or failure to notify staff within the
prescribed time (deadline date) periodí.§l shall result in aR automatic civil fine of
t'Nenty fivo dollars ($25.00) one hundred and five dollars ($..1Q§l per day of such
failure(s) to correct meet the noticed deadline date(s). Notwithstandina any other
provision in this Article. A ªII then available Codo Enforcemont Board fines,
remedies, penalties and charges shall apply if the respective enforcement forum
when the respective case is referred to and enforced by the Code Enforcement
Board or the Code Enforcement Special Master. However. to the extent. if any,
that there is then a conflict between the fines. remedies. penalties and/or charqes
specified in this Article and those other rules. the fines. remedies. penalties and/or
charaes specified in this Article shall control only with reaard to violations of this
Article, and not to any other Ordinance (includina any Ordinance referred to in this
Article).
~ @ì If active conduct or a continuing condition, and/or omission is a
violation of this Article that must cease, or is a violation of any other County
Ordinance that is applicable, any Issuinq Officer who witnesses the violation(s) may
issue the County's notice of violation(s) and the violator must pay the fine(s)
specified in such notice of violation(s) and promptly comply with that notice. U-#te
violation is a conduct or a condition must cease, tho notico shall specify tho dato
that tho unla'Nful conduct and/or unlawful condition must coaso, and tho last date
that tho violator must doliver proof to Staff of tho dato \·..hon tho conduct and/or
condition ceasod. Failure to coaso cure the conduct. continuina condition and/or
omission on or before the specified deadline date and/or failure to notify staff that
the conduct ceased to exist on or before the specified deadline date(s) shall be
separate violations of this Article and shall result in a fine of t'l.'onty fivo ($25.00)
one hundred and five ($..1Q§l dollars for each day of failure to meet the respective
deadline ffi:Ie dateí.§l of for delivory of and/or failure to deliver such proof to the
Code Enforcement Department's staff.
(f) Applicable Fines for Specific Violations of this Article. If within three
hundred and sixty-five (365) days of any violation of only this Article. the same
violator commits a separate in time second violation by the same violator of the
same or other provision of this Article. the fine shall be two hundred and fifty
dollars ($250). If within 365 days of any second violation of this Article by the same
violator, the violator commits a separate in time third (or more than a third)
violation of the same or other provision of this Article. the fine shall be four
hundred dollars ($400). "Separate in time" means that each such violation must be
separated in time from the other precedina violation(s). whereby these escalating
fine provisions do not apply to a continuina violation unless the continuina violation
is cured, but occurs or recurs later in time. After hearing on any such third (or
more) violation bv the same violator. that violator's PVAC certificate to operate
mav be suspended for UP to sixtv (60) davs bv the Code Enforcement Board or bv
the Code Enforcement Special Master. In each case. and irrespective of the 365
dav provision, a five hundred dollar ($500) fine shall apply to each violation of
Section 142-54 of this Article (minimum insurance requirements). In each case,
and irrespective of the 365 dav provision, a five hundred dollar ($500) fine shall
applv if an individual operates a vehicle in vehicle for hire service while not havina
a then effective PV AC certificate to operate, and said violator shall not be eliaible
to be issued a PV AC certificate to operate for throo hundrod and sixty five (365~
days followina the last date of such violation. An individual who operates a vehicle
in vehicle for hire service without a then effective PVAC issued driver's 10 shall be
fined five hundred dollars ($500) and shall not be issued a PVAC driver's 10 for
9
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365 days after the last date of such violation. A driver who operates a vehicle in
vehicle for hire service without a then effective Florida operator's permit that
authorizes all such drivinQ shall pay a five hundred dollar ($500) fine and shall not
be issued a driver's 10 within 365 days after the date such individual becomes
authorized by his/her Florida operator's permit to operate the applicable vehicle(s)
for hire in the applicable vehicle for hire services.
(6) The last dato that the violator must file 'Nith staff a ,-witton notice of
appeal to tho PVAC to contest tho notico. Notice of appeal shall not toll tho
deadline for complying with tho notice or paying tho fines. If the violator doos not
promptly comply with the notice of violation and upon appeal tho PVAC finds that
failure to promptly comply was not justifiod, tho fines shall continuo to toll until the
violations aro corroctod and staff is dolivored proof of the corrections. If tho PV AC
after hoaring finds no violation, the actions roquired by the notico nood not be
correctod and all finos basod upon a "no violation" shall bo promptly returnod to the
parson or ontity that paid those finos.
(7). Tho rango of disciplinary sanctions which may be imposed upon tho
certificate holder, pursuant to this article, by the PV.4.C in tho ovent the PV AC finds
a violation of this article has occurrod; and
(8). If applicablo, tho date, time and plaoo at 'Nhich the certificate holder
may appoar bofore tho PVAC for a hearing regarding tho complaint or notico of
violation. The dato of tho schedulod hoaring shall not be sooner than 20 days from
tho mailing dato of tho cortified lottor or other moans of service.
a. Tho notice of hearing requirod by this soction may, in the alternativo, be
aooomplishod by hand dolivery of said notice to the certificate holder by tho
County Managor, or by loaving said notice at tho cortificate holder's usual place of
rosidenco with somo porson of his family ovor 15 yoars of ago (or with any person
over the age of 15 years at tho cortificato holdor's usual placo of business) and
informing such person of the contonts of the notice, or by any othor then lawful
means of servico.
b. Notico by Publioation. As an altornativo to providing notico as set forth
above, at tho option of tho County Manager, notico may be furnished by publication
as follo'NS:
(1.) Such notice shall be published once during oach wook for four
consecutivo 'Nooks (four publications being sufficient) in a nO'lJspapor of gonoral
circulation in the County. The nO\\'spapor shall moot tho requirements of Chapter
50, Florida Statutes.
(2.) Proof of publication shall be made as provided in Sootions 50.011 and
50.051, Florida Statutes. Notico by publication may run concurrently Y.'ith, or may
foil 0'1.', an attempt to provide notice by hand delivery or by mail.
c. Evidonoo that an attompt has boon mado to doliver or mail notice as
providod in this subsoction, together '....ith proof of publioation or posting, shall be
sufficiont to show that tho notice of hearing requiremonts havo boon mot whother
or not tho alleged violator received aotual notioo.
d. Notice by Posting. As an alternative to providing notioe as set forth
above, at the option of the County Manager, notioo may be furnishod not less than
ten (10) days prior to tho dato of the hoaring by posting such '...·ritten notice at tho
plaoo of business or the rosidenoe of the allogod violator, or at the Collier
Courthouso. Such notice shall bo photographod and filed in the case filo.
e. Conduct of hearing:
(1) ^ public hearing shall bo held ooncerning tho complaint. An
appeal hearing basod upon a notioe of '/iolation will be held only if requosted in
writing by tho alleged violator not later then the notioe of appeal doadlino dato
spooified in the notioe.
. (2) The proQeodings at the hearing shall bo rOÐoFded and may be
transonbod at the oxponso of the party roquesting tho transcript. Any party may
have a oourt reporter present at the hoaring at that party's oosts. The County shall
not be responsible for any failuro of rooording equipment or for any transcript othor
than its own for tho County's own purposos.
(3) Each caso bofore the PV AC shall bo prosented by a momber of
the Ceunty staff.
. . ('1) J\ssuming proper notico of tho hoaring has boon providod to tho
cortlflcate holder by any means as provided in subsoction (c) of this section, a tho
10
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schodulod hoaring may pmcood in tho absonoe of the ~ortifioato hol~or unless a
continuance of tho hearing had boen granted by staff, or IS, at tho hearing, grantod
by tho P\I^C
.,. . (6) The P'.' AC shall procood to hoar the cases on tho agonda that
day. All tOGtimony shall be under oath and shall bo rocordod. Th~ PYAC. shall
hoar testimony from staff, from the cortificato holder alleged to bo In '.'Iolatlon of
this articlo (if prosont), and from such other witness os as may bo callod by the
rospoctivo partios.
(6) Formal rulos of evidonce shall not apply, but duo procoss shall bo
accordod, Irrelovant, immatorial or cumulativo o'lidenco shall be excluded; but all
other ovidonco of a typo commonly reliod upon by reasonably prudont persons in
the conduct of their affairs shall be admissible, whethor or not such evidonco
'Ilould be admissiblo in the circuit courts of Florida. Hearsay evidenco may be
usod for tho purposo of supplomenting or explaining any ovidonce, but shall not be
sufficiont, by itsolf, to support a finding unless such hearsay evidence would be
admissible ovor objoction in civil actions in Florida circuit courts. The rules of
privilogo shall be effoctivo to tho samo extent that thoy aro now or horeaftor
recognized by the Florida Rules of Ci\'il Procedure.
(7) /".ny member of the PV/\C may question any 'ÆnoGs before tho
PV/'.C. Each party to tho procoodings shall have the right to call'/.'itnesses and
examino '....itnossos; to introduce exhibits; to cross examine witnosses; to impoach
any '.v¡tnoss regard loss of which party called the \'.'itnesG to tOGtify and to rebut any
evidonco presonted against that party.
(8) The chairperson, of in his absonce, tho vico chairporson shall
havo all powors necossary to conduct the hearing in a full, fair and impartial
manner and to presorve order and decorum.
(9) At tho conclusion of tho hearing or not lator than fifteon work
days aftor the PV/"'.C makes its final docision, the PV AC shall issue findings of fact
basod on tho evidonce of record, and conclusions of 18'.":; impose disciplinary
sanctions, if '.\'arranted; and shall issue whichever Final Ordor is nocossary and
propor to dispose of the complaint in accordance with this article and applicablo
Florida law. Said findings of fact, conclusions of la'N, disciplinary sanctions, if any,
and rolated Ordor shall constitute the decision of tho PV AC on the caso heard
boforo the PVAC.
(10) Tho docision of tho PV AC may bo stated orally at tho hearing,
but shall be reduced to writing and mailod to tho parties I....ithin 15 days aUor the
final decision. Tho findings of fact and conclusions of law, disciplinary sanctions, if
any, and any other rolatod Ordor shall bo made by motion approved by a majority
of tho memberG of tho PV AC who are present and voting. The decision of the
PVl".C shall bo filed with the Clerk of the Board of County Commissionors promptly
aftor said final decision is reduced to v.'riting.
(11) Should tho PV AC bo unable to issue a docision immediatoly
following any hearing, the PV!\C may 'J.'ithhold issuing its decision until a
subsequont mooting. In such caso, furthor discussion of tho pending matter and
all deliberations rolating thoreto beÌ\\loon mombers of tho PV AC shall take place
only as a public mooting of tho PV AC. The P'.' AC shall thoroafter issuo its docision
pursuant to subsections (d)(9) and (d)(10) of this section.
(12) The final decision of tho PVAC may be appealed to tho Board
of County CommissionorG if tho appollant files the appoal with tho Clork to tho
Board of County Commissionors not later than thirty (30) days following tho
issuanoo of tho PV f.C's Final Ordor. Tho appollate must state fully all speoified
groundG for the appeal and providE) to tho Board of County Commissioners all
portions of the PVI'.C hearing reoord. The PVAC may submit to tho Soard of
County Commissionors othE)r parts of the hoaring reoofd. The Soard of County
CommissionE)rs shall oonsidor only tho record submitted to it in the appoal.
(13) Non payment of Finos, Foos and/or Charges. If an individual or
entity has not then paid to tho County in full all overdue finos, fees and/or charges
roquired by this Article, or roquirod by the Codo Enforcoment Board, or any othor
enforcemont forum, as tho case may bo, Staff shall rofuse to issuo to that
individual or entity any vehiolo pormit, any vohicle docal, or both, and shall refuso
to renow the applied for cortificato(s).
11
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f:J.4) {gl Every violation of this Article, or of any ordinance
incorporated herein by reference, or ordinance that is then independently
applicable to any vehicle, individual, '* entity, buildinQ. structure, and/or land that
is then regulated by any of the same this Artiolo, may be enforced by the Code
Enforcement Department PV I\C or tho PV AC staff pursuant to Section 1-6 of the
County's Code of Laws and Ordinances. See also Section 142-60, below. Refer
to subsection 142-56(f), above. with reQard to the superiority of listed fines,
penalties, charQes and/or remedies for violations of this Article, in the three
hundred and sixty-five (365) successive violations context: also minimum
insurance requirements, operatinQ a vehicle for hire without a then active PV AC
issued certificate to operate, or a then effective Florida vehicle for hire operator's
permit, and/or then current. active PVAC issued driver's 10.
SECTION ELEVEN. 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 ~~ny court of
~..
competent jurisdiction, such portion I shall be deemed a separate, distinct ànd
independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION TWELVE. 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.
SECTION THIRTEEN. DELAYED EFFECTIVE DATE.
This Ordinance shall be effective on the first day of the month following the
month that staff receives notice that this Ordinance was received by the Florida
Department of State.
"".
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this 16....·~ day of Nl:>ve-be^, ,2005.
_.. ,. ~ ~ ~ ',.... .'rJ
,.
ATTEST:<~~'~'~'ëal~" . :..
Dwight .f?~B·rOCk;' ðf~*
, r. . ' ~'''. .
. ,- ~
.. C:...;;,') .. ...; . "',
'~ -.J
,
.c,
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By: ~W (,. 0
Fred W. Coyle, Chairm~~
BY:~~ PJ~
Thomas C. Palmer,
Assistant County Attorney
This ordinance filed with the
¿)l~ary of ~ate's Office th~
day of OOt'YYL~
and acknowledgemE:.t'J....£h tho1
fjlin receiv d this~doy
o - ~~j
By
12
Underlined text is added; stntek thro\:Jgh text is deleted
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 and correct
copy of:
ORDINANCE 2005-60
Which was adopted by the Board of County Commissioners
on the 15th day of November, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of November, 2005.
.'" ".'.,... ~'\ \1. ; ......,..
\..;I ~.\, ~ ". ,
. ,.~~\).... .
,~ . '£,
DWIGHT E. BROCK t:' .<;¡:,-i¡ "~ .,-1
"",' 'of: ' II ..).
Clerk of Courts and. Clerk " '.
) ~ - .. \,'
Ex-officio to BO~d'~,S'f ','.,: "
County Commission~rs ,. -", '~7
. ~ "" . ,. J
, .' " ~ -, .' "....
BY,~n a::Jo4t::;¡C)!'
Deputy Clerk