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Agenda 03/10/2009 Item #10C Agenda Item NO.1 OC March 10, 2009 Page 1 of 88 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners direct the County Manager or his designee to advertise and return for the Board of County Commissioners' consideration at a future meeting, changes to the Public Vehicle For Hire Ordinance, Number 2006-59, as amended, deregulating taxicab and charter service rates, establishing a consumer advisory board, providing guidelines for obtaining a vehicle for hire operator license, establishing penalties for non-compliance, removing industry protectionism, and thereby condensing the Public Vehicle For Hire Ordinance provisions, consistent with the Board of County Commissioners' direction. OBJECTIVE: That the Board of County Commissioners (Board) direct the County Manager or his designee to advertise and return for Board consideration at a future meeting, changes to the Public Vehicle For Hire Ordinance, Number 2006-59, as amended, deregulating taxicab and charter service rates, establishing a consumer advisory board, providing guidelines for obtaining a vehicle for hire operator license, establishing penalties for non-compliance, removing industry protectionism, and thereby condensing the Public Vehicle For Hire Ordinance provisions, consistent with Board direction, CONSIDERATIONS: On November 18, 2008, Item #IOL, the Board directed staff to remove all industry protectionism and condense the length of the County's Public Vehicle For Hire Ordinance, Number 2006-59, as amended, promoting regulation through effective competition and efficient licensing standards, while continuing to protect the health, safety and welfare of the public served by this industry. County staff has worked with the County Attorney's Office to draft appropriate ordinance provisions to achieve the Board's direction. Attached for the Board are two proposed ordinances, labeled as attachment "A" and attachment "B." Listed below are the primary differences between the proposed ordinances and the current Public Vehicle For Hire Ordinance; Attachment "A" ~ Condenses definition section by encompassing all types of motorized, third-party driver or chauffer driven vehicles versus differentiating vehicle types, driver types, and affiliated parties subject to regulatory oversight. ~ Removes industry protectionism and promotes effective competition by creating a County Consumer Advisory Board (CAB), ~ Allows the Board to establish, via resolution, an administrative policy manual. ~ Allows the Board the ability to set the maximum rates, via resolution, that may be charged by Taxicabs and Charter Service Vehicles. ~ Standardizes vehicle for hire safety and soundness requirements. ~ Increases consumer protection by providing stricter guidelines for obtaining a vehicle for hire operator licenses. - Agenda Item No. 10C March 10, 2009 Page 2 of 88 ~ Standardizes vehicle for hire violations for unlicensed companies, operators without a valid driver 1.0., operators without a valid Florida Driver License, and operators without the required insurance. Attachment "B" ~ Removes industry protectionism and promotes effective competition by creating a County Consumer Advisory Board (CAB). ~ Allows the Board the ability to set the maximum rates, via resolution, that may be charged by Taxicabs and Charter Service Vehicles. ~ Standardizes vehicle for hire safety and soundness requirements. Staff is recommending that attachment "A" be chosen to be brought back for Board consideration, including the incorporation of any changes that the Board has directed, Because of the marked differences from the existing ordinance, attachment "A" represents a complete re- write and would repeal and replace Collier County Ordinance 2006-59, as amended, while attachment "B" offers changes using a strike-through and underline approach. FISCAL IMPACT: It is not the intent of the ordinance amendment to change the revenue stream generated by fines associated with vehicle for hire violations. The recommended proposes ordinance "A" provides for a condensed standardization of fines, and therefore, any impacts on the overall revenue is estimated to be minimal. LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney's Office and is sufficient for Board action. This item is not quasi-judicial, and as such, ex parte disclosure is not required. This item requires a majority vote only. -STW GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board direct the County Manager or his designee to advertise and return for Board consideration at a future meeting, changes to the Public Vehicle For Hire Ordinance, Number 2006-59, as amended, as presented in attachment "A," including the incorporation of any changes that the Board has directed. PREPARED BY: James French, Operations Manager, Community Development and Environmental Services ATTACHMENTS: "A" - Proposed Amendment to Collier County Number 2006-59, as amended; "B" - Proposed Amendment to Collier County Ordinance Number 2006-59, as amended; Collier County Ordinance 2006-59, as amended. Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No. 10C March 10, 2009 Page 3 of 88 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C Recommendation that the Board of County Commissioners direct the County Manager or his designee to advertise and return for the Board of County Commissioners' consideration at a future meeting, changes to the Public Vehicle For Hire Ordinance, Number 2006-59, as amended, deregulating taxicab and charter service rates, establishing a consumer advisory board, providing guidelines for obtaining a vehicle for hire operator license, establishing penalties for non-compliance, removing industry protectionism, and thereby condensing the Public Vehicle For Hire Ordinance provisions, consistent with the Board of County Commissioners' direction, (James French, Operations Manager, COES Operations) 3110/2009900:00 AM Prepared By James French Community Development & Environmental Services Operations Supervisor Date CDES Operations 2f23/2009 2:25:27 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 2/2312009 3:42 PM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 2/24/200910:58 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/25/2009 12:39 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 2126f2009 3:24 PM A pproved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 2127/20099:15 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 3/2/200910:00 AM Apprond By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/2f2009 4:31 PM file://C:\AgendaT est\Export\ 125-March%20 1 0,%202009\ 10. %20COUNTY%20MANAGER... 3/4/2009 Agenda Item NO.1 OC March 10. 2009 Page 4 of 88 Attachment "A" ORDINANCE NO. 2009- AN ORDINANCE OF COLLIER COUNTY, FLORIDA TO BE KNOWN AS THE COLLIER COUNTY PUBLIC VEHICLE FOR HIRE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; CREATING A PUBLIC VEHICLE BOARD; CREATING A CONSUMER ADVISORY BOARD; PROVIDING FOR COLLIER COUNTY VEHICLE FOR HIRE LICENSE REQUIREMENTS; PROVIDING FORJJ-I,E RENEWAL OF VEHICLE FOR HIRE LICENSES; PROVIDING FOR THE EST ABLISHMENT OF MAXIMUM VEHICLE FOR HIRE RATES; EST~LI~):lING PENALTIES; PROVIDING FOR INCLUSION IN THE CODE'OF LAWS AND / "'i":'('-:' ORDINANCES; PROVIDING FOR CONFl;lP ANDS!'lYERABlLITY; PROVIDING FOR THE REPEAL OF PREVIOUS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.in:!- 't~~!, }:>J ~... .0'>, ;-'9>:- ,'i,':'",;~;:,) WHEREAS, the Board Iicenseiitidregulate vehicles for hire that Florida Statutes, possesses the statutory lawfully operate from within Collier (~S#jWS~jS~;l!:{ WHEREAS, it is the desire of the '~~Nj\" ';1:;: Board of County Commissioners to revise the procedures by whi~1i vehicles fOJ; hire are in Collier County; and ',......'.'...':.:.... .. ":'>i@1~'ft~':";[l,:S.l'!fi;;:::;);':'!;~kS/.:\:i!t;Eit~w[r:)f1jV):'')'~ WHEREAS, the Board' of County Coriunissioners desires to provide for the regulation of ~_~'i~'~}Y'" "',';j~'~J:;??f~1'1h,:,.';qt(!'>(1::f? vehicles for hire within Collh:r Coillity~, ":>";':.>; ..'~J~;hi"Y;;::/" NOW,: THEREFORE;% BE IT ORDAINED BY THE BOARD OF COUNTY {..,',.-.,-.,_;.,. ,.,.,':t' COMMISSIONERS OF COLL~ER COUNTY, FLORIDA, that: " "'\Y " ';:Y"':::.~,}U;>;:f; SECTION ONE: 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. Agenda Item NO.1 OC March 10, 2009 Page 5 of 88 Attachment "A" "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. "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. SECTION TWO: APPLICABILITY The provisions of this article shall be applicable to and etj'::ec v'~~1 now existing or future incorporated areas and in all unincorporated areas of th(l<,:punty. This 3.ft.iple is intended, and shall be construed, as a direct regulatory measure unifornl;,~~:1ipplication thfbltgqout the county. No license or permit issued pursuant to this article sh:l\~p~"eonstrued as a grant ffijt~thorize the license or permit holder to engage in any business at anyt~wort on 8!?'~,pounty or m1iri!gjpal property or operated by the county or by any municipality. No""" i~atticle shall affect any ordinance of any municipality. SECTION THREE: REGULATION ';.>,? /'''i'; '~,rI%t_tfh~:::: ,,:::\>0~l~;((t. The Board of County CommissiQners shall'.. the Jightif9.Jicerise'and regulate taxis, jitneys and 1id;,},j:~"y~/;'fh , '~;M;->.:'''-'}-'r;;)~t>}''. limousines for hire. These regulaflo;I:\S shall beunplemented vm. Reso lution of the Board of County Commissioners,. An~~hf~trati't~wanual ~~~rbe created ~d approved via Resolution of the Board of County cOmp\issi~ners for th~ licensing"tnd regulation of motor vehicles for hire in Collier County. The administi~Hye manua!itl~tQ..be inco@rated herein by reference and is made a part '..;:<':1~ /(':"'1:"k"M/','}~:ii~r:",,_, ,;1h0 hereof. C~anges !!!e~ be ri:t,~~,~~9#fl\:eriiiti~~,i..~f)"resolutions adopted by the Board of County CommIssIOn I!j,e/manual.$~~1 be uhhzed by County staff In the Issuance of Colher County I" i.!:~ti-00*"c\~,\#.t~\ lcenses ,.,j:",3'~, ;),<:".'or.>, . "'":::;t&"~h "{~;ij~j"x -'i:0W4t, ,~,~h~, SECTION FOUR: CONStJMER ADVISORY BOARD i:j*fi~", "1\.' (a) A Consum~fAdviso~,~bard (CAB) is hereby established for the pwpose of hearing any appeals fr(jfti"'adverse.a'ilfuinistrative decisions regarding a public vehicle license permit. The -"~<>::~,_:~};:~Xi,p CAB is establish(lqfoi the pwpose of hearing all public consumer issues. "f~:rO/Fty it: (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. Memberships exceeding two full terms shall be approved in accordance with Ordinance No. 2001-55. Meeting attendance shall comply with the provisions of Ordinance 2001-55. No member of the CAB shall be a current motor vehicle for hire owner or operator. A Chairman and a Vice-Chairman shall be elected by the CAB annually. Adverse decisions ofthe CAB may be 2 Agenda Item NO.1 OC March 10. 2009 Page 6 of 88 Attachment "A" appealed, within thirty (30) days, to the Board of County Commissioners. SECTION FIVE: COLLIER COUNTY LICENSE REQUIREMENTS (a) (b) All applicants for either or both Co llier County lic~ses must list!~1.Jelony and misdemeanor convictions within the past ten (10) years. A l1'l%dh conviction in t1\.eg~st twenty (20) years is a basis for denial of a county license. AriYBrevious driver's license~~~pension is a basis for denial of a Collier County license.,', '.]b, ",..;- (c) County staff is responsible for requesting crimirlalhistory record checks on all applicants. The information supplied to staffinresponse to acrupinal history record check shall assist in determining the applicant's eligi9ilit)flooperatea:~ehicle for hire under this article. Criminal history record checks shar)be perf"(jryped or! all persons with an interest in the application. The minilJ:lumfee charged/or afrimll1ar.,,~ckground check shall be adopted by the Public V ehicle~oljrd Vf~{~solutioIJ;)ptheevent that the background check fee charged to the county exce~f!sthe mi~um fee"fJst~blished by the county, the applicant(s) shall be responsible fo,l", tile 'actual cost(jf the searcH. ',;,,' (d) :;:,. _,::u;_~;(:>::::(;}...":_,,:_... _ "'c.?' If, as a resY;lt of eith~, 1}1~, crimitial history record check or the applicant's disclosure, one or more of the following' aif discovered, the applicant shall be denied a permit. 10-;~i(t;y" . ',' -";>;";;-":,'~_:-/_ ...'~'~ ___ (i):'<<' Conviction in the paSt five years of a felony; ""0"", (2)' c:;onviction witWp the past three years of any crime involving the sale or possession "oXp~mtrolled sll,l:jstances as defined by Section 893.03, Florida Statutes, or the RICO Act;(~l1apter ~95 Florida Statutes; '->k?'h/"!':"::;"-;"/ (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 (I), (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. 3 Agenda Item NO.1 OC March 10, 2009 Page 7 of 88 Attachment "A" ( 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: (I) $125,000 for bodily injury to anyone person; (2) $300,000 for bodily injuries to more than one person which are sustained in the same accident; (f) (3) $100,000 for property damage sustained in anYPIl . ident. /;'~~jvV' .'qf~1m1:;::~~<, A copy of a valid and current insurance certificl\tc:<for all motcirev t#t:f~f'/' '..", County must be on file with county staff at alJ4Wies. ._,t;@#~' ;-:})i\;dp- ':""f..\,d;> The license holder shaIl verify that each veJ1i€le for hiretsin a mechanicall:~safe and sound condition and state all known defects to th~'ii'" . cle ''''''''the CAB approved vehicle safety standard form. (g) *0i;f{[?;f?''''k RENEWAL OF LI~ENS.E:~ "~\}~;}'_" "'"";/~iiil~_G1;;i;t,,,: , __ All Collier County licenses fOf,}lyehicle forbi!:e arte,;y~littfpr,gne( year. A criminal background . '. .:~j\\!~.':~:<!1_,~. . '-'\,:_,__~,j,. .""_./\ <::? >"':i~:,,(j?~~;~:c history check along With th~*~orre~2pdmg fe~.all be a pa!1f6f the annual renewal. ,<,"i'S~~ttq""-+1?~rt w SECTION SEVEN: JMAxlMUM RATES "'-':'~~Z;;n~i(b, ,".f~~;~I~:;:':rw:'~-:"""-~_~",, ''';,;~;<,;_ The Public Vehicle Board shall have th'e ability,tQ .estitblish via Resolution maximum rates that may ,-,@,,~,*~,_,: ,-"'":"'\\~f:",4~V "'-'.-,,>,-.fi'~::!:~~',bW be charg~d i~W~l\;'~~~i.~d CQ'iI~r Servi~e Venieles. The public vehicle board's establishment of any maxl.!l},~ate shaI11!9! prevte!l!..any licensee from chargmg a rate below the maximum. ill~ ;{;V@!~ ~:j;J~~;~~h SECTION EIGHT: PENAETIES';;"<f1. SECTION SIX: (a) ';;C'i;;:~h~;h,* -,:~~~, Each corrw~nt of a y~g'ation of this article may be referred to the Collier County Code Enforcement~9ar~,~~~Cial Magistrate, or the proper court if administrative staff deems the complaint h~ii~g'fl!i~ed a reasonable suspicion that a violation has occurred or is occurring. The Code Enfor2&ffient Board may utilize the services of a Special Master. (b) A $1,000 fine shall apply to each insurance violation. (c) A $1,000 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 ofPlorida driver's license shall be fined $500 for a first violation and be 4 Agenda Item No. 10C March 10, 2009 Page 8 of 88 Attachment "A" fined $1,000 for a second time violation. The penalty for a third such violation shall be a $2,000 fine. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the may be numbered or re- lettered to accomplish such, and the word "ordinance" may be "section", "article", or any other appropriate word. SECTION TEN: >'.,.'.'., "'f.''''.:"' CONFLICT AND SEVERABILITY ;//x; SECTION ELEVEN: ":,'".,~,., ;"<"';'<;":":"" ,..,"",-, OF PREVIOUS ORDINANCE. ':~<:,!i',' , "',>;(",.' This Ordinance of Ordinance 95-66, and all amendments thereto. This filing with the Department of State of the State of Florida. PASSED ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 5 Agenda Item NO.1 OC March 10, 2009 Page 9 of 88 Attachment "A" BY: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and Legal sufficiency: Steven T. Williams Assistant County Attorney 6 Attachment "B" Agenda Item No.1 OC March 10, 2009 Page 10 of 88 ORDINANCE NO, 2009 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 2006-59, AS AMENDED, THE PUBLIC VEHICLE FOR HIRE ORDINANCE, DEREGULATING TAXICAB AND CHARTER SERVICE RATES; ELIMINATING THE PUBLIC VEHICLE ADVISORY COMMITTEE; ESTABLISHING A CONSUMER ADVISORY BOARD; PROVIDING FOR INCLUSION INTO THE CODE LAWS AND ORDINANCES; PROVIDING FOR C ICT AND SEVERABILITY; PROVIDING AN EFFECTIV E . rd of County Commissioners re licensed and regulated in T BOARD OF COUNTY , that: . e Collier County Code of Laws and ounty Ordinance No. 2006-59, as ords, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. "Applicant" means an individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise applying to the County for a certificate to operate or other request. 1 Underlined text is added; Struck ThrebJ!'jh text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 11 of 88 "Certificate" means a Collier County certificate written authorization under this article to operate a to operate that grants motor vehicle for hire company within Collier County. "Charter Service" means any motorized chauffeur-driven vehicle that is engaged in prearranged transportation and the rates for which transportation are based upon predetermined hourly, daily, weekly, monthly, or door to door price. Charter service vehicles shall include, but not be limite 0, the following four classifications: (fig;' "Sedan" means a four-door, full$i~~d automobile capable of ":t~~_w'n seating not more than five passengers, exclusi\!'Ej'of the drive. ,dfIJJtf' (2) "Limousine" means a IUXUfip)!{i5'; large passenger V~uicle, built or ir~f;;%:.,.~;:~. modified for use as a luxury limousine (e. ormal or'extended limOUSine). }t:*\/+f~wrP "Van" means a passenger vehicle'Tecognized as either a minivan or di*':~1;;;%<" _ -"i%n~~", full sized passenger van capabr', i seating nof'l}lore than 14 passengers, "I. exclusive of the driver. <'W '\Kt0.)c (1 ) (3) ~;',.-_ .- _",,,'1~< -" (4) "Handicvehicle" mean "a vehicle designed, constructed, -"';'t:~t~lt'f., "i1i;f~+ZfP -;~'&'- reconstructed, or oated foidhe transportation of persons with non-emergency 4*1P~'i/f-kr, <i~:?%_ conditions whersiiQ9<,~edic~i~~~is!ance t~ineeded or anticipated in route; or for "00/\:,_<~,:'F,~t;*%~~ifjft,~:~,;,",>, +f' re unablliltO'Comfortabl~~;e a standard means of conveyance; or nno ter, occupy or exit a vehicle without extensive ecia ttE'l9 equipment is used for wheelchair or stretcher "<~%# auffeur serves as both a chauffeur and attendant to bed-to-bed service. No emergency equipment other and first aid kit may be carried. The use of the word "ambulance" may t be used and no representations may be made that any medical service is available. The word "non-emergency" must be prominently displayed on the outside of the vehicle. "Color scheme" means any distinctive combination of two or more vehicle for hire colors, including the lettering and/or logo that distinguish the vehicles of one vehicle for hire business from another vehicle for hire business. 2 Underlined text is added; Struck Through text is deleted. Attachment "8" Agenda Item NO.1 OC March 10, 2009 Page 12 of 88 "Consumer Advisory Board" (CAB) means the five member committee existinq pursuant to this article. "County Manager" includes staff designees of the County Manager except where the context logically prohibits such inclusion. "Driver" means any individual in actual possession of a County issued Identification card, and a valid driver's license (operator's permit) that authorizes all respective driving privileges) and who is then empl , or permitted by a certificate holder, to drive or operate a permitted ve. upon the streets of the County pursuant to this article. "Holder" means an individual, association, joint stock association, or 0 whom a certificate to operate has been is "Manager" means any pe the certificate holder. "Motor vehicle for o self-propelled vehicle he . sportation of persons upon . to receive compensation for providing ot be limited to, the classifications: . 'ndividual, firm, corporation, partnership, company, other type of organization enterprise owning a rest in an Applicant for a certificate to operate and/or a "Pick-up henever a passenger/customer sits in a motorized, self orooelled vehicle hire for the purpose of being transported for a fee except successive picking-up of the same passenger during a continuous trip when the passenger departs the vehicle for a short time and the vehicle and driver wait at that location and the passenger returns and continues the trip. "Public Vehicle AdviE:ol)' Committee" (PV,A,C) mOLlnc tho f.ive n:lomber committee exiE:ting purcuLlnt te thiE: 3rticle. "Public Vehicle Board" means the Board of County Commissioners. 3 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 13 of 88 "Scheduled" means the transportation of persons on pre-determined points of origin, destination, or schedule of service. "Staff' means the Countv Manaaer or authorized desianees who administer, enforce, regulate or interpret provision of this Article. "Subcontracted vehicles" means vehicles for hire not necessarily based in Collier County, that are leased to or operating under a subcontract with a company that has a Collier County occupational lice operate from Collier County issued pursuant to this "Taxicab" or "cab" or "taxi" means a mot ith at least four (4) ore than eight ates based doors, equipped with a top light, designed t passengers, exclusive of the driver, op upon the distance traveled and authorize by a taximeter in operation whe the vehicl passenger or property, and the passenger or the individual who hi "Taximeter" means];any appr :1MJ11;~t~>N;"-"^"';"j<:}iW!)?} and indicates a rate/or fare tl;l'be cha d to a passenger of a Vehicle for hire /tW0Ji:)" J):i;Jt measured by dist~QS:~ travel~(;l{Y"aiting/s . ding time, and other items of charge. -"':~1~h,-'.':~f,fjwi:W~%~g?1it0!;~;', All taxim.~l,~~~>.~ustC!$!l:}~JY withtt1Efi~U!0rmost current edition of the National .:?'%'I""~:>Wt~~I;;fi~ V~t";0f- .<~ Institut 4(ifStandards and"Technology, Handbook 44. '<;i:1:1.fr~~ _ .'<0~'~'1) , emporary v~hicle pern:lir means a temporary vehicle permit issued to a ~\~:;:~;%- subcorl r'C1cted vehicle '(!:ita short term rented or leased vehicle for hire) that is '-;,"':}1;~L:::____,'#~'&',. not othe~i~~..~~rtified c.J.~~a vehicle for hire in the County. "!ili*~~; _J:;~4~t1W "Vehicle'fgnbirel5usiness" means any individual or entity holding a Collier -'1>WS:k:'%F'''' County certificate 16'6perate and which holds permits for one or more vehicles for hire, under one or more categories of vehicles for hire, and either provides leased vehicles to drivers to be used or operated as vehicles for hire or which indicated se for transportation or any f which is controlled by the rip. . unted device with records operates a central dispatch for one or more vehicles for hire. "Vehicle decal" means a color-coded vehicle decal issued annually to the current certificate holder authorizing the holder to operate for hire the motor vehicle to which the vehicle decal is affixed. 4 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item No.1 OC March 10. 2009 Page 14 of 88 Sec. 142-27. Applicability. The provisions of this article shall be applicable to and effective in all now existing or future incorporated areas and in all unincorporated areas of the county. It shall be the duty of all county code enforcement officers to enforce these provisions. This article is intended, and shall be construed, as a direct regulatory measure uniform in application throughout thElsqi.mty. No certificate or ,.\:~j' permit issued pursuant to this article shall be cons~Mi7~!:~.~ a grant to authorize the certificate or permit holder to engage in an~ bysines$ClJany airport located on any county or municipal property or9~~r~ted by th~'8g~~ty or by any municipality. Nothing in this article shall affeptany ordinance of anYlT1unicipality. ,....,.f;. '., , Sec. 142-28. Exemptions. The 1I0wing categories of Vehicles for hire shall be exempt from all provisions of thi (a) Any owner or transport which has been designated as the community trans Statutes, or tra Community Tran that is al Section 427.011, Florida pursuant to contract with the ided, however, that any such vehicle hire other than exempted uses as a certificate for such non-exempt use(s). by a governmental agency; companies or . r renting) vehicles that are used exclusively for oyees or members of said company or organization; Ities licensed by the Interstate Commerce Commission or nt or agency of any government so long as such vehicles are interstate commerce or other activities authorized by the Also transport any other governm engaged solely in respective license. (c) Discharge of passengers within Collier County picked up in another county provided that the vehicle and operator were authorized to pick up the respective passenger(s) in the originating county and location of pick-up. (d) Vehicles operated under or pursuant to a franchise from the County. 5 Underlined text is added; StrHGk Through text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 15 of 88 (e) Vehicles limited to providing transportation services for the Transportation Disadvantaged provided the vehicle is clearly and distinctly marked as a vehicle only for transportation of transportation disadvantaged persons and no emergency equipment other than a fire extinguisher and first aid kit shall be carried. Neither the word "emergency" nor any other word which may imply that emergency medical services are available shall be displayed or advertised. "PV/\C." of County lie Vehicle Sec. 142-29. Public Vehicle Board. A Public Vehicle Board shall c Commissioners. The Board of County Board, shall have the rights to license, re number of motor vehicles for hire erating 0 .- agger-dance with OFlJiRance No. 2001 55. MeFFleerc of tho PVAC 81:1all be appointed by ang carve al the ploacure af the j3ublic vehicle board. 1\11 meFFlserc shall ee j3ermanent resigeRtc ang elactorc of the county. Appointmant of meFFleers of the PVAC shall ee by rSGolution of the public 'Iel:1icle bearE!, which rocolulion shall slate the gale of appointment aRE! terFFl ef effice. Tho alterRate meFFleer chall vota only in lhe absence of a quorum. /\11 PVAC memberc chall 6 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 16 of 88 attend 311 meetin€js wheRever pmlGiblo, and shall Gomply with tho previsions of Orainanee Ne. 2001 55 for attondanGo roquiremonts. ,'1 finding by the publiG vehiele seara ef an OXGOGGivo numbor of '/iolatione of thie artiGlo, or failure to promptly GorreGt a violation or violatiens ef this article sy a memBer or by a Gertific3ted entity 3GGoGi3ted with 3 member sh311 be grmmse; for remeval of that member from the P\f./\C. (3) V\i:;h,,:Ad:{k:/ Review 3nd m3ke recoA'lmensatieFls'tb the PubliG VehiGle B03rd as liaicon and to Goordinate with the PV^C. pormit, etG., purcuant to thic artiGle. "-'-""k rog3rding iss!;ec relates to tho metor ,'IehiGle for hira bucinecc, inGluding ratm; and Ghargoe. " 'i:::;:';;.::':::';-,::::','::',':?:':::':::::';,. (4) Hold meetingc at leact quarterly if tRere ie; b!;sinee5 to bo eenduGted '.,\:.'.. :.' '-''':':'~':<:':-:'')., ;.:':>.,...,.,..:..:..... "'''", boforo Gaid GommittCld./;- (5) Cond~~ihearings as appropriate. -";',:'/:F;:)1>.,. _<:~}P/\'~:::l;jHA((f~8)h':,:,:-':- :', '-::;f;!/k- (e). Officers ef tRe ,.pv.^,C shall se eleGtod by majority voto of the PV ^C. {-;i.'-U~fiN6;i-~':/,:\~_:._ '\t-\:!t~r: "';C-::::.:r EloGtien:.9f Officors shouldoGcur at tho firct meoting following OGtober 1 of tho ,:<;;:::':;:f:Y:'" "i;:;:,<:~lh. '"\'f}:'{:;' roGpooti'lo Galondar yoar. Thero aro no OffiGer tarm limits for the Chairman, ^';:;>?t~:"::':':::'}'f:\_ "'/t\jf;: '.'iGe Chairman, iiOecretar5', or 3ny other OffiGer of the PV/\C. '~:.>:n ':-:!':::\i '} ;:(~Yt'.\?'" . ..:-J~f:1t~ .::-;:-~:>:,' .('<'/'<'/j Sec. 142-30 Consumer Advisory Board :i-:'.'\>~iil' (a) A Consumer Advisory Board (CAB) is hereby established for the oeneral purpose of all public consumer issues. The CAB shall also have the followino functions, powers and duties: (1) Review and approve applications for each certificate to operate, permit, etc., pursuant to this article. (2) Review and approve taxicab color schemes pursuant to this article. 7 Underlined text is added; iiOtruGk Through text is deleted. Attachment "B" Agenda Item No.1 OC March 10,2009 Page 17 of 88 (3) Review and make recommendations to the Public Vehicle Board reaardina issues related to the motor vehicle for hire business. (4) Hold meetinas at least Quarterlv if there is business to be conducted before said committee. (5) Conduct hearinas as appropriate. for hire owner or 0 erator. A Chairman the CAB annuall . Adverse decisions 0 da s to the Public Vehicle Board on to operate or to permit County in violation of any or hire must also comply with all ces including the Sign Ordinance and x Ordinance, and must comply with all applicable ich may be a violation thereof irrespective of being operated as a vehicle for hire. b Vehicle Board. Terms of office shall be for four operation of a provision( s) of applicable the 0 Flo Sec. 142-32. (a) It shall a violation of this article to operate or for any person or any vehicle for hire entity to permit the operation of a motor vehicle for hire unless the following minimum vehicle standards are complied with or exceeded and the vehicle is maintained in proper operating condition. (1) Speedometer, and taximeter if applicable, properly installed, in good working order and exposed to the view of both the driver and the passengers. The taximeter must be lighted at all times whenever a 8 Underlined text is added; Strllck Thrsll€jR text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 18 of 88 passenger is being transported for hire in the taxicab. Each taximeter shall be inspected, approved and sealed pursuant to Chapter 531, Florida Statutes, and/or all then applicable rules and regulations. No vehicle for hire other than a taxicab shall be equipped with or contain a taximeter, whether or not the meter is in operation (2) Interior must be clean, sanitary, free of torn upholstery or torn floor coverings and free from damaged or br seats. Seat covers shall be permanently attached or fixed to t ts of the vehicle, and have no exposed wire or sharp edges hardened vinyl, or otherwise. The rear seat must be of kUnting approved by the vehicle's manufacturer. N r horizontal slippage is allowed in any seat. e secure and shall contain no rips 0 loose folds. rust and holes. that allow opening from armrests must be free of ted. Door hinges and hold stops must . d gaskets must be intact and be ors from entering the passenger door panels must be intact to prevent w mechanisms. e structurally sound and mechanically operable noise and vibration, and must have an operational parking nd a primary brake system that acts on all four vehicle wheels. Thee shall be no visible leaks in the brake line, wheel cylinder or any part of the brake system and no frayed cables. All primary brake systems shall demonstrate a reasonable total braking force, when tested, using the "quick stop method" with the vehicle for hire operating at a speed of at least 20 miles per hour. Brake linings and disk brakes, when measured at the thinnest point, shall not be less than one-sixteenth of an inch. Brake linings and/or pads shall also be firmly attached to the brake 9 Underlined text is added; StnJGI~ Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 19 of 88 shoe and/or disk coupler. Disk brake rotors and brake drums shall be of a size and type appropriate for the vehicle, with no brake cracks or other damage that change or impair the functional surface. (5) The body, fenders, doors, trim and grill must be free from holes, cracks, breaks and dents which may endanger pedestrians or passengers. ~ (6) For Taxicabs, a rate schedule in Enqu~~tand Arabic numerals tHf,f;lf4 prominently displayed as specified in Sec. 14478i1-i~). -<..j:fig11.,.';;t';/ft;,: (7) Proper functioning interior lightlihead'iD~ , dashboard, head )fA\,?, 'Y- .,'\( rests, windows, gear shift and windshieldiWipers. ;:,::tWJp' (8) Vehicle for hire mus~iiii~free fro~%;~azards, i i'1ii~ng but not limited to, slippery floors, sharp edg.~s., anduppadded interio'i'door head ;;q~~){<"" ,:"i;~;~:iWJ clearances. No loose 09J,Elcts or exte'"U~IIY'mounted speakers shall be ;'{;i"~; ',_ "'\1'N2>. placed behind the rear sa '..No decorations or other objects will be ;f,,,:.,,.,. ,':r:i~;f?%t"';\, "'::~')b,;;. permitted to hang in a vehid~iJor hire::i;'iil))i 1j;1N8.. ,,_, "" '%\,' -,' (9) ExhaJist~rnissionsimw>t.5e reeofsmoke. There shall be no ",tH~iV"'''''''';''"j:A\J:\:_' ;\4i~~J::~""iV leakage of.fue(at any point in tnE~1:vehicle's exhaust system. The tailpipe ;;#fttif')t-;ig~ '~~Bl1(jt shall discharge exhaust. only from.the rear of the vehicle. No part of the "",,;.t!}('J ,t'?JfiV1:fB@'rR:1Off,;<"", , \J'i&.~~ "t?Fi:o, /i\0/1i,/<*~i.0t),.;i~1"~jjii':, ""~c systemm?y;tpassll1fou9!:l9r leak into the vehicle. 't:'J:!iit - - ;'\".0P' , essllall be of the correct size as approved by the vehicle's '~~~~ni1~ nd"irIismatched size tires on the vehicle. There shall be "~Ir ~}" cord or sidewall area, or spots that expose the ply. No han 2/32 inches of tread remaining when measured in any s at three equally spaced intervals around the of the tire. When the tire has tread wear indicators, no tire shall have indicators that contact the road in any two grooves at three equally spaced intervals around the circumference of the tire. (11) Steering mechanism and directional signals must be maintained in operating condition. Steering mechanisms shall not be worn or jammed. There shall not be more than two inches play to the left or right of center measured at the steering wheel rim with the road wheels in 10 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 20 of 88 a straight ahead position on wheels up to 18 inches in diameter, or three inches of play on wheels over 18 inches in diameter. (12) 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. Side windows may usually be locked but must be immediately unlocked upon adult passenger's request. No windows on any l,lyehicle for hire shall be osed of, or treated with, any material that would cause the vehic e in violation of F.S. 3 316.295, and other then applicable laws. (13) All vehicles for hire shall horn, air conditioning and heati factory installed brake lights and r reverse" lights, and a ligh situated to the rear license plate. perly operating urn signals, as stretch limousines, ificate holder shall be responsible for ensuring that ,ed, operated, leased to, or otherwise controlled this article, with other applicable County Ordinances, e state and federal laws, rules, regulations, and ng motor vehicle safety equipment and devices. Every aer shall cause every such vehicle to pass an inspection by an inspector employed by or under contract with a Florida licensed repair shop at least once every twelve (12) months to ensure that each such vehicle for hire complies with the minimum vehicle standards of this article and with applicable provisions of Chapter 316, Florida Statutes. Staff shall not accept any vehicle for hire inspection conducted by the vehicle's owner, lessee, or other individual who is biased in favor of the vehicle 11 Underlined text is added; Strl,lG!< Through text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 21 of 88 passing the inspection. The certificate holder shall maintain a permanent registry containing information on the identity of each vehicle for hire inspected, and a written document signed by the qualified inspector that includes the date of the inspection, and the nature of any deficiencies or defects discovered, plus a CAB approved standard form inspection list supplied by staff that lists the items that must pass inspection. The certificate holder shall acquire and retain written ence of all remedial actions and services performed, and the n . ddress and telephone number of each inspector, repairer and/or . Ius the name, street address, local telephone number, Registration Certificate number t Agriculture and Consumer Serv, . s specific location (pursuant to Cha ter 559, Fl atutes, as now or hereafter amended or renumbere 'n function Statute, rule or regulation). Each such per pection, deficiency and repair documentation, shall Ie for inspection and/or ;i{@h:7'~;''''';<';\';ii:h} copying by" the' County during holder's regular business ;",<< ^[ )f~ hours. The original th'en most re t inspection form for the vehicle and "/,;".~,,'t",i. !'';; J> ',W papers.,\hat prqYl:liGompletiom.pf're air of all items, if any, that failed the ",:;#t@0S1{f.f~';51A0+,}~:, ,';iJ~f:!~t;' """<i;;fWi ,i1a,$f veliiclElJflspectiqfl must be presented to staff prerequisite to acquiring ~;'~%f(:rP('>'~{~4V;::+ <;,oif'!:,7h 't'tdhat vehicle's~'initialcertification or renewal thereof. A vehicle for hire '4Wf%{~,:~, 'i<1:lli~;,"~;;;;" wniCh fails to meet the operating and safety requirements of this article, of "<':zV;;~;j__ YHtti Chapi~c316, Flqdda Statutes, and/or any other applicable law, rule, and <""_,,,t.;:',';;;f;i+! ;:;Fw", ,:':::;.\:;)"" regulatiorl'shCilllnot be operated in for the transportation of passengers for "~(i(;1r(~\'a?~~ hire while such defect or deficiency exists. (b) All corrections or repairs required in order to comply with the minimum vehicle standards set forth herein shall be accomplished within 15 days from notification of the violation. Notification of any such violation by staff shall be in writing and be hand delivered or delivered by certified mail, return receipt requested, or by other lawful means of service. The date of receipt of the notice of violation shall commence the running of the fifteen (15) day period. The 12 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 22 of 88 vehicle shall not be operated as a vehicle for hire until the failures are certified as having been corrected. Failure to correct any such violation within 15 days shall be a violation of this article. (c) Nothing in this Article shall be construed to effect any aspect of Chapter 316, Florida Statutes, including any traffic citation issued by any law enforcement officer, including for unsafe operation of the vehicle or because the "'\~ vehicle is not properly equipped as referenced in $e<:;tion 316.610, Florida ,',.,,/.,".!<f Statutes, or otherwise. <.)iititit;; "" ".,',:,::;" Sec. 142-33. Driver's Service Standards. "'c.' :....;~ (a) In accepting passengers, novehjtie for hire driver ~h~1I discriminate t:,>%'-;:;'<\~!' on the grounds of race, color, national ori~!n.;>~e~~~rfieligiOn, creed; 'politics, or affiliation with any group. Drivers may refUSE:j'service to any person who is disorderly or who causes the d ave a ;~~;sonable apprehension of fear for his property or the driver's safe (b) No operer shal ve ''-':-V t any passenger desiring Drivers shall transport ,direct available route from the place for hire unless a different route is passengers to t where the trip, sh thee starting tl fare collected, the passenger. No person shall be admitted to a senger without the consent of the passenger. '.a receipt shall be given by the driver on conclusion of of the driver, vehicle number, year, month, and date, ace of origin and destination of the trip, the amount of the number of passengers, and the total miles or units accumulated during the trip. (d) Any electrical device such as a radar detector/"fuzz buster," or police two-way or similar scanner, or two-way radio frequency monitor is prohibited within the vehicle for hire. (e) No driver shall operate any vehicle for hire whose vehicle permit or certificate has been suspended or revoked, and each taxi driver must clearly 13 Underlined text is added; atruck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 23 of 88 display (visible to all passengers) a then valid and unexpired driver identification issued to that driver by the County. (f) No driver shall solicit any passenger in any hotel, lounge, nightclub, restaurant, bar, boardinghouse, or any other commercial establishment without expressed permission to do so from the management of the respective entity. (g) Personal property left in any vehicle for hire shall be retained for ninety (90) days, after which the property may be consi to be abandoned if the notice requirements of Chapter 705, Florida Stat (h) No certificate holder, permit holder or of business, dispatch operation, building, 0 designed to be used for monitoring any c (i) No driver of a motor vehicle beverage or any controlled subs nee, or be beverage or controlled substanc ossess at its place ire any device alcoholic erated as a vehicle for hire, Identification car r County issued Driver's visible to passengers. The text of the de a color photograph of the driver. m the County must be in emboldened e number that can be called to contact Countv Staff, ipt ash payment available upon request" and "How . ional details regarding the ID Card, such as its size, edified from time-to-time by resolution(s) adopted by the PV/I,C CAB. xcept an authorized County employee shall in anyway alter any such Co y issued ID Card. Each driver's P'I/\C CAB issued ID must be renewed every twelve (12) months (during the anniversary month of the respective flD) and a PVAC CAB issued ID renewal stamp must be affixed to the front of the driver's ID during the month of the driver's original ID issuance. Original issuance of the ID, as well as issuance of each annual operator's ID renewal stamp, shall be subject each year to staff receiving and verifying that driver's affidavit swearing under oath, if true, that the driver's Florida operator's ID Card must b an 14 Underlined text is added; Strklck Thr-ough text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 24 of 88 permit authorizes operation of all types of for hire vehicles that individual is then authorized by the PW'.C CAB to operate, and that the driver has not been found guilty or convicted, regardless of adjudication within the applicable time frames of any crime listed in Section 142-37 of this Article, and that the applicant has never been found not guilty of any crime (felony or misdemeanor) because of that applicant's insanity, and, finally, that the applicant is not then insane, either by adjudication or by certification by physician(s). Driver 10 , if any, shall be set by aBoard of GCounty GCommission resolution. Sec. 142-34. Designation of vehicles for hire;~~,6contracting (a) All taxicabs utilized by th~;'f~~~ectivei~ertificate be painted in the color scheme approved byib~ PV:~SCAB. All chan s in color -"w":( scheme must comply with the'~S?;~dUres O\.Jtli~~d in subsection 142-52. The name of the certificate holder sh~IIl?~c.;I~~rIY disglvXed on the car in lettering which is at least three inches in height ~~di~c;Il:larIY ~isitJle. The lettering must be ':";:;;',{;,::;'/:;':))1,',,,. --'\:F permanently affixed to.lhe:vehicle. Magnetic signs':are prohibited. All taxicabs ;,:(}';;y:'.--';;'F"',.:..,_>''--:{;'.-i'y;::}./,. -:.<. must have a perf1l~flently mounted top light at least ten-inches wide (wide side ;~,::<;)*f ,:::<H -.:\., facing to the fro;';W"and four inches in height, mounted on the roof of the cab and .'\'/t(~<5::" ,<,j:/rti;Yi-<0;;.t:~~:\;_,._" _ '-':,X,~ illuminateg:wilba tef1ct~Il:llightin(jicatiflgY"hen the cab is occupied. The top light ;<j){[n;jd11tWtx&n@;\,;.",\,_,,:;,,;;-tW;i~:. ',.-.:::r' . shalll:J~;:\.JsedbnIYit() indls?!e whether the vehicle is at that time available for ','i'.:,'i;.\w':?<::',:/i/i':<,"'-- -~, vehi6leJor hire business. 'ii.l!:; :';/}1~Z%,\, {"j:' (6jlti:i:fSCHEDU~~iOF FARES. The owner/operator shall post the then applicable schedule of fares and charges in the taxicab, which schedule shall be \0-'::};,\:. ,:,:/-)';:} clearly and cort~Picuotisly visible to passengers. The words "rate," "rates," or -.,%"q,.:::,")-w- "rates of fare" shall/precede the rate statement, which shall be fully informative, self-explanatory, be readily understandable by the ordinary passenger, and be the same as that rate for which the taximeter is calibrated. The rate schedule shall be of a permanent character or be protected by suitable transparent protective cover material. If the PV/I,C CAB adopts any standard form schedule(s), such schedule(s) must be displayed. 15 Underlined text is added; Struck Through text is deleted. Attachment "8" Agenda Item No, 10C March 10, 2009 Page 25 of 88 (c) Taximeter. Each taxicab shall be equipped with a taximeter that meets all specifications, tolerances, and other technical requirements for taximeters required by the then most current version of Handbook 44, National Institute of Standards and Technology. The face of every taximeter shall at all times be visible from the taxicab's passenger compartment and shall be illuminated so that passengers may ascertain the amount of the fare registered by the taximeter. The signal affixed to any taximeter sh ver indicate that the taxicab is vacant when such taxicab is engaged b operate any taxicab for hire unless its taximeter h be accurate, in satisfactory operating c . on, and s applicable laws, rules and regulations. E taximeter in good working condition and ;ating be sealed to prevent any pers other tha applicable laws, rules and regul shall be a violation of this article t accurately register t taximeter seal s under then en a taximeter does not co . e of breaking of an official that such taximeter has been '. he correct information. Except when or if adjusted by a person employed on employed by an entity under contract with the 5) the certificate holder shall deliver a copy of not later than ten working days following the alibration and/or adjustment. (d) ervice vehicles. Charter service vehicles shall not be painted in any colo. scheme that has then been authorized by the PW\C CAB to any certificated or permitted taxicab(s). Sedan and limousine service type vehicles may display the certificate holder's trade name on only the front license plate of the vehicle and/or in 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. Magnetic signs are prohibited on vehicles for hire unless approved in writing by staff. Magnetic signs will not be approved by 16 Underlined text is added; StnJE>k Through text is deleted. Attachment "B" Agenda Item No.1 OC March 10,2009 Page 26 of 88 staff unless the requested magnetic sign is required ta be tempararily placed an the vehicle ta enable the vehicle far hire ta provide vehicle far hire service ta an airpart, sea part, or ather substantially similar gavernment .or quasi-gavernment facility. Na charter service vehicles shall place any type .or farm .of light device an the raaf .or have such a light within the interiar .of the vehicle sa as ta passibly indicate that the vehicle is a taxi. Except ta the extent then .otherwise required by law, na signage shall be affixed ta .or displayed from, in any vehicle far hire vehicle windaw (ather than an van windaws) excep windaw as fallaws: The PVAC CAB issued vehicle ID number and the a address(es), which text (except an van wind ed harizantally, level and be propartianally spaced, and indaw signage ve I~imensians (except an a van side windaws) shall na eed f nches in he~ and shall nat be stacked .one aver the at Van Si . Tatal signage an each van, including handicapped vehicle \ ta 30 percent .of the van's frontal area, side areas, and the 'n.9 the van's respective d side area 30 percent ignage an the front area .of a van may alar entity (which may be part .of the signage, including when part .of the a height .of faur inches. Signage an the rear area .of a v ay include tIi ,arne, .0, and/ar telephane number( s) .of the PW'.C CAB individual's the CAB certificated entity's name), and .only bers) .on a van's rear area shall n.ot exceed a height .of may exceed such height. Signage .on the side area(s) .of he PV/I,C CAB certificate h.older's address, and its name (separately.or as part.of a l.og.o), telephane numbers(s) and e-mail and/or website address( es). Neither the size .of text nar any .other signage .on a side area .of the van is limited by this article except as ta the maximum 30 percent tatal side signage c.overage area, which includes the respective side wind.ow area(s). (e) Subcantracting vehicles far hire. Except far subc.ontracting vehicles f.or hire far sh.ort term special events, .only vehicles f.or hire being .operated under 17 Underlined text is added; Slrblsk Tl:1rebl!'j1:1 text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 27 of 88 a county certificate shall be subcontracted in Collier County. Except for short- term special event subcontracting of vehicles for hire, all subcontracted vehicles for hire must be insured up to at least the minimum insurance requirements by insurance coverage provided by the vehicle for hire person or entity to which each such vehicle(s) for hire is/are subcontracted by (including leasing to) the county certificated vehicle for hire person or entity. Short term special events , mean those occasions that occur infrequently from tiry\~to-time, usually only Aiy',%i, once annually, when a person who, or entity that, i~;"qJr~rating a vehicle for hire J)i0::f*r.<tl!;:i~(: business pursuant to the county's certificate an9f'reqi..lrE~~, temporary use of "::($(0;,, " ",<~:g*,: vehicles for hire because the fleet of the rej~Q,~~tive certificate',~~lder comprises -t,.:i&lf#' ",!""W} too few vehicles to fully service the shortiJ$ffh special event. ShQ~term special '~\~}1~1~ ,.,<P&-?t_'0J3Wfr;:,,; events include graduation ceremonies fror!'lIschool~j\.golf tournamentS, or other ":7{~"i[,:~:",<i\i4w#W/ like events of short duration, usually less thar'!';'seven consecutive days. Vehicles .~'w;7r:t~, :', ,<~*~Y~b for hire that are subcontracted;;'on'IY,,!i,for shori"lerm special events may be ;If{:~::-4'?i!ffk1;{y;,::_: '<;tU1f:h: certificated by a municipality or by2anottlec,JjiloridacQu(jty, but the certification 'f!;:;:'~j% "~,j~~;fY~~lr~t_;;;<\".,,, ,.,.;,+\,; must be current and<;effective at thit timEr or the\: subcontracting of leasing. ~0_~!;J;;}~.""'-";:i:W:fi~~10, \":l'%:tmf:iJP-' '-'-;;f; Vehicles that are. subcontracted only feme short term special events shall not be (i;fikjW"'.'iH0f~t'<8':'M1~ used except to provide serviqes required',J?y the respective special event. Any 'Y$'YiH~", "::;:ff~j~~9!01mW~0Nlt>>",, \<i1fx,,' vehicle su tracted:~~f1j~rleaSe(rtql:!~",yehicle for hire business certificated by ,',-.(/.." t short term special events must be independently ce Taxi Rates and Taxi Charges, (a) arges of charter services and of taxicabs under contract to provide long-ter ervices are not regulated except th3t other t3xiC313 farCE: 3m mgulatecl. The taximeter shall not be turned off during an on-duty trip that commences in Collier County, does not go outside of the County's geographic boundaries, and ends in Collier County (including in a municipality). The rate charged for such trip shall not be greater nor less than the amount shown on the taximeter except discounts are allowed for passengers sixty (60) years of age or older. There shall be no extra charge for handling luggage or baggage. 18 Underlined text is added; StnJGk Thm~~h text is deleted. Attachment "8" Agenda Item NO.1 OC March 10, 2009 Page 28 of 88 (b) The following i~ tho ~ct-leElblle ef rates for taxicabs operating in the County~shall be reoulated only to the extent that the Public Vehicle Board. yia resolution. may establish a maximum rate to be charoed. (1) For the fir~t one tonth milo or fraction thereof.. $2.50 optional to $2.75 (2) For each additional two tonth~ mile orfr3ction thereof ......... 0.45 (c) Tho following char~o~ are required in 3ddition to the ratD~ ~Dt forth in (El) RatD Ct-laA€)D PresDElt,lre~. on thD t3ximDtDr. PV,II.C for 3 review of their r3IDE. (3) Tho roport from tho County ManagDr ~h311 bD revimvDd by thD P'/AC, which shall mako a rocommondation regarding rate m3ttDr~ to thD Public Vohicla B03rd. (4) Tho Pul;)lic Vohiclo Board chould within 60 d3Y~ 3f1Dr recDipt of the ~t3ff 3nd PVAC rDcommDnd3tion~, ~choElt,llo a j3t,lslic hDaring concDrniAg tho propo~Dd rato chang DE:, at which hDaring all intDreE:tDd p3rtiDE: shall h3\'D 3n 19 Underlined text is added; Strt,lck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 29 of 88 el9flortunity te 139 hoard. The Pbl131iG VehiGle Beard shall considor tho staff report ana rCJGemmendatiens, tho PVAC's recommendation, :mEl all eviElence prodblGeEl at the Board's hearin€l, and by resolution shall determine anEl set the appropriato rates as may be in the public interest. ,^,ppoals of tho Public Vohiclo Board's a9Gisien chall bo to tho Circuit Court of tho 20tH Judicial Circuit in and for Cellier County in ClGGeraance with Florida Appollate Rblles. Sec. 142-36. Daily manifest or trip log required: Every motor vehicle for hire owner or maintain a daily manifest (trip log) upon which the driver sh omptly an . iblye record the following information: Name of the driver' Icle number; year, , and date; the starting time, place of origin and des trip, the the applicable rates and charges for that vehicl for hire, t unt of fare collected and the number of passengers of ea river's driving period. All completed manifests shall be reof the business by the operator at the conclusidOo.f hislhe forms for each manifest ,i~~(wB~;::"'''''-''''\\<<'flf> shall be furnishecjJ9. tlie oper~~~r by s owner. No one shall destroy, mutilate, <~w?' _l'i'1?ffi alter or otherwis~'deface anyctaily mani for at least one year. Said manifests 1\i,:;:;;:f4\ _,_ ..::,,~Ntf{'::;F:f~~$A:f*,~;~':i'. shall be availC!ple for'iOl:;p~ctf6n and7otq~ ing by the county for a period of not /~tJ4;iP@WJ~~}J.b'i\,c:"_,; "-~f%1~( -, ,C,c';,;;\, less t "one yea(C!fter tl1~Jdate of the respective manifest. "tr:m!t?~~,"ffth ., ,-" '}:':"-o/$ "';i~~:? "":::";~",, Sec.14~0~Z. Drivers:'},~ferat(;r's Permit Suspension or revocation; Criminal ">'~'<::;""'" "i.."'"' History Recqrf! Check~~GConviction of Specified Crimes after Driver Approval ~{:(l:t:'ifi%" _ciiJ}(;?f7 from the CountY~'!b,d::%l';Wr \j]i:S&f&F (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. 20 Underlined text is added; Struck Through text is deleted. Attachment "8" Agenda Item NO.1 OC March 10, 2009 Page 30 of 88 (b) Before each respective driver applicant operates any vehicle for hire in Collier County pursuant to this article, 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 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 has not been adjudicated insane, has not been certified insane by physlcian(s), and had never /y;:!;-W~~\Y' been acquitted anywhere of any crime because of tha€Jlldividual's insanity, and <.:i'::::';s'::7"':;";;PX~t: has not been found guilty or convicted, regardles~(j( adJu~ication, of any of the ;/};:\:_ ""';:/!'Af);;" following three year crimes (if convicted within ,the then past three years) and/or /i::F:-7FJk:,,. "'<\'jo/!\~:: any of the following ten year crimes (if cQr1yided within the then past ten years), "\i',;}~r'",;>'\ ~rj"(,:D\, and that the applicant's operator's permitt)i~2 not,p~en suspended or revoked ':'_'-:_";{\,_ ,.>:'i,::f anywhere within the then past ree (3) years',tjut excluding operator's permit suspensions based on facts no ' 0 the violator's responsibility to Qperate ,/"; a vehicle for hire, such as to failur ay fil1~~ (except fines based on IT 0 'onsi' , or failure to comply to show cause and other substantially lations. s. County record checks. staff is responsible for In the event that the fee ormation supplied to staff in response to each criminal history record II determine the applicant's eligibility to operate a vehicle for hire under this icle. The PV/\C CAB and staff shall take into account every acquittal of any crime any time and anywhere based upon the insanity, but shall not consider any other conviction, as "conviction" is defined in this article, that occurred more than ten l.1Q.l years before the date of the application, and shall not consider any conviction that had been set aside by cost-conviction proceeding. Such post conviction proceedings information is also exempt from subsection 119.07(1), Florida Statutes, (Public Record's Law) disclosure. An 21 Underlined text is added; Struck Threblgh text is deleted. Attachment "B" Agenda Item No. 10C March 10,2009 Page 31 of 88 individual ever having been classified a habitual traffic offender, habitual felony offender, habitual violent felony offender or violent career criminal is prohibited from operating a vehicle for hire in vehicle for hire service, or to hold a PV/\C CAB issued certificate to operate, and any such classification that occurs after the individual has been issued a PV/\C CAB issued ID and/or certificate to operate shall automatically cancel such ID and certificate, and shall render that individual forever ineligible to operate any vehicle for in Collier County or hold a PVI\C CAB issued certificate to operat CAB authorization. The Three year crimes are: (1) Any crime involving t substance. controlled organs (Section 800.03, Florida og to prostitution, except subsection . es, Procuring person under age of eighteen (18) for below as a ten year crime. No Time Limit Determinations are: any manslaughter, armed robbery, armed burglary, arson, g, carjacking, home invasion, aggravated stalking, aggravated ild abuse, aggravated abuse of an elderly or disabled adult, or assault with a deadly weapon. Also any 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 (7) Section 784.011, relating to misdemeanor assault, provided the victim of such assault was a minor and/or Section 784.03, Florida 22 Underlined text is added; Struck Threl,J€lh text is deleted. Attachment "6" Agenda Item NO.1 OC March 10, 2009 Page 32 of 88 Statutes, relating to misdemeanor battery, provided each victim of the battery was a minor; or (8) Each felony listed in Chapter 784, Florida Statutes, irrespective of the age of any victim of any such felony; or (9) 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 (10) Section 787.02, Florida Statutes, r of a child under the age of thirteen (13) "":,';;1; applicant's child; or ;:::.:j'i;;,}; (11) Section 787.025, FIOr\~j~[Statutes, related to I or enticing a child into any structure, dwellingbt,'conveyand~ unless the c driver applicant's child; or,jtjt;;::jf~'!1' (12) Any felony violat~~~gfc;.~~~Pter i~~,Florida Statutes, involving the use or possession ofta firearm::. or any,Lyiolation of Subsection 'j..".:',.. ._-....j...,..,.:..-',_..:". "'-".'" 794.011 (2), (3), (4), (5) or (8), fl~rida 'Statutes, relating to sexual battery; or .j; '.',.,., '. '.,....::."':' ,'c,,:::,; (13)"$ubsectioo7'94.05, FI6rlda Statutes, relating to unlawful sexual ;;::':-,f'.f';i\: ____r:'-F-\',::_;.if?tr-L,i',.:}'-.,':>'.-'.-::.- _",_,,_ -'i'-n~\ activit with certaioq,inors;or;0;df., " ,;('/'01A~"'", '~<%t;,0.t;"tC " ., 4~~7~tiori'!;l0@6.03, Florida Statutes, related to procuring person <jiiynder the ag~jC;f7ighlEi~n (18) for prostitution; or "'>i_:;"~,")Vh '<toy? '. (15) SectiohBOO.04, Florida Statutes, relating to lewd or lascivious "::::;:/" i.:>"':i offer1'~~l:lGommi,~~a upon or in the presence of persons less than sixteen 'c;:t1d<~.: ,r/h,:)> (16) year~:2t~\le;or -{':';:":"::":- (16) Se~tion 825.1025, Florida Statute, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person; or (17) Section 827.03, relating to child abuse or aggravated child abuse; or (18) Section 827.04, Florida Statute, relating to contributing to the delinquency of a child; or 23 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item No.1 OC March 10, 2009 Page 33 of 88 fro (19) Subsection 827.071(2), Florida Statutes, relating to use of a child in sexual performance; or (20) Subsection 827.071(3), related to promoting a sexual performance by a child unless the driver applicant can prove to the PVAC CAB that the conviction did not involve the driver applicant directing any such sexual performance; or (21) Section 847.0133, Florida Statutes, [ d to knowingly sell, rent, loan, give away, distribute, transmit or s a minor; or regarding any individual who r, habitual felony offender, .' inal in Florida or in any exemption to permit the rsuant to this Ordinance provided the following by clear and convincing tion occurred at least five years prior '. ; (ii) that the applicant had been lawfully released ch year crime and from each ten year crime; (iii) to each victim, including the age and gender of he commission of the crime caused to each victim, (vi) whether the c ved violence or use of a weapon, (v) the applicant's history since the d e 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, and (viii), the applicant's then present state of sanity if the applicant had ever been acquitted anywhere of any crime because of that individual's insanity, or had ever been judicially declared, or had ever been (22) Section 847.0145, attempt or assist in any transfer therein specified sexual conduct. (d) Exemptions. There sh be no exe has ever been classified as a to transfer, inor for any habitual violent felony offender an other State or territo 24 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 34 of 88 medically certified, to be insane. The Pv-'^,C CAB may impose restrictions upon the applicant's vehicle for hire driving activities. (e) The PW\C CAB may consider evidence offered by others in support of or in opposition to granting an exemption and driving activity restrictions. (f) Notwithstanding any other provision in this Ordinance, the PV.f\C CAB's decisions regarding exceptions, exemptions and restrictions shall be final and shall not be eligible for appeal or other review by the Pu (g) If a then approved driver is convicted of the certificate holder shall not permit the driver t Collier County. In the event that a driver's Ii driver is convicted of any of the above-Ii the certificate holder and the driver shall revocation or conviction immed'ately becoming aware of such con permanent registry containing info to operate a permit permanent regist shall maintain a f each driver permitted holder's authority. Said spection and/or copying by the County substantially the 'sdictions covered by the respective criminal history rec ilit 'ourts, and includes a finding of guilty, or entry of a plea e or guilty, regardless of adjudication, and includes acquittal elony or misdemeanor) because of insanity of the defendant; an ase of a juvenile, a finding of delinquency based upon elements of the 0 ense 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 jailor other local detention facility, including juvenile facility. 25 Underlined text is added; Struck Thre\,l€jh text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 35 of 88 Sec. 142-38. Consumption of Alcohol or Controlled Substance by Drivers. No driver of a vehicle for hire shall consume any alcoholic beverage or any controlled substance or be under the influence of any alcoholic beverage or controlled substance while driving on duty. Sec. 142-39. Refusal of Passenger to Pay Legal Far It shall be unlawful for any person to refus 2 paY'.13 legal fare of any of /~. ;\0 ';4r~'~_ the vehicles governed by this article after haV1ng hired the'''v~hjcle. It shall be (/,4'i\.'rtM' ""iii'. f~h~W '~~*~ unlawful for any person to hire any vehicl~?tqfhire with the intentlcitg~fraud. ,'%wr%:, '<';;;UM"- f.e' i;; Sec. 142-40. Advertising Servic~l2by Collier 9l! y Certificate Holders. ;S1X:*St~r:-c_'4T0?0:- It shall be a violation of th[s:'8rUcle for any'P-~rSon or entity that is required ':~;~: ""~~;~:t,b,,___ -'c#~A'k: to have a certificate to operate in Qqllier'CQ4Pty to adY13J1ise in Collier County a {!V~, __f~~~fAA$fY;~t:_" "tifF service that one is .,not;!then cert1ficated~<toprb"vicle' in Collier County. All 4;0;'1iJt%}"'-""i":t~mb'ie%f~'WY -<;:0; advertisements fot"any suchLvl3hicles fot hire services printed or contracted for '. ?{~}~ 'w0~~h 007 an ,< ublished".j.1lM a telephone directory, newspaper, \'t~ ftyer or other substantially similar :e~J,eublished in the County shall include the applicable \''':''"':'~Th number. Each certificate holder shall ensure that the t*~:kV' er is';'provided to the publisher for inclusion within the . There shall be no advertising in Collier County in any to which the certificate is issued by the PVAC CAB or Florida registered Ictitious name. No advertisement in Collier County shall indicate the availability of any type of service(s) that will not be provided immediately in Collier County. after January 31 internet, Co Sec. 142-41. Use for Immoral Purposes. No person shall use, or permit any person to accompany or use, a vehicle for hire for the purpose of prostitution or lewdness or to transport or offer or agree 26 Underlined text is added; Strblsk Through text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 36 of 88 to transport any person with knowledge or reasonable cause to believe that the purpose of such transporting is for the purpose of prostitution or lewdness. Sec. 142-42 - 142.50. Reserved. DIVISION 2. CERTIFICATE AND PERMIT TO OPERATE. s, which decals must be removed from immediately following suspension or , suspension or revocation of the entity's certificate. Vehicles subcontracted for short ter a temporary sticker, issued by staff, which shall 1I0wing the termination of the short term special event. . If a certificated individual or entity, for any legitimate uests issuance of a sub-certificate from the PWI,C CAB, the PW\C CAB ay issue one or more sub-certificates requested by the applicant subject to supplying staff with written proof that the sub-certificate shall be owned only by the owner(s) of the related full certificate, and that the sub- certificated operations shall operate only from the same geographic location(s) as the operations authorized by the related full certificate. 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 only not provide to staff any leased . on or entity to be without having , -contracted vehicle is to the left Sec. 142-51. Certificate and decals required; sub-certifi (a) No person shall operate or permit a to, sub-contracted by, or otherwise controlled operated as a motor vehicle for hire upon a first obtained a certificate to operate. No vehicle for hire, shall operate under any ty c displaying a current color code vehicle de outside bottom corner of the re 27 Underlined text is added; ~tn.sk ThrG6I€jh text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 37 of 88 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 by all decisions by the PVI...C CAB to grant or deny a sub-certificat final. termination of a full certificate shall automatical sub-certificate issued under the respectiv. decided otherwise by the PVAG CAB fa PV/\C CAB may from time-to-time enact sub-certificates provided no suc rule contlic article, references to a "certific unless that construction would lea Sec. 142-52. AppJi lion for cfilrtificate #~$M~ i?!)~ ,i,'<'41,'~ ff+)\I~ (a) AnaPlllication,,fSlj'sertifica ~"W!~j", " _,,\nli*t~i~Ji1'lit:.~I'!~h"', forms P~~ti9~cl,;b~ th~i,ii!Pty-mirn~gli~~~i a nonrefundable application fee for each ,9(~j_QPresctil;>ed fee shall be adopted by resolution of the board of C"!~'W '. counfl~~mmission .,. The'(~~j!~cation form shall be verified under oath and shall furnl$h the followlnglnformatlon: '~q/f~': ':,'-''.'~& "';~~; If a~"(hdividual, name and address of the applicant. , (:jrwJ1 ~'a' partnership, name and address of the applicant's business: names and addresses of all partners. (3) If a corporation: the exact corporate name and business address of the applicant's corporation, name and address of all directors and officers, articles of incorporation and all amendments thereto along with a certified copy of the certificate of incorporation. (4) The names and addresses of all persons or entities holding a ten percent or greater beneficial interest in the applicant's business or perate. all be filed with the PVI'.C CAB on 28 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 38 of 88 company. Failure to disclose such interest shall be grounds for the denial of the application of any applicant or revocation of any certificate. (5) Business telephone number and, if applicable, e-mail address and FAX number. (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 othertoen current certificate ,::~;!,~,*Vi holder or sub-certificate holder. Approval of tb~iJ.!.~~ of a trade name does ....;\'.\;/" --";~')X::h not imply the use of said trade name isotJjerwise;.J~gally authorized. A separate certificate or sub-certificate is"!!~quired for;~~Ctl trade name or A:WYlY' '-C;?}:;:;1\;, fictitious name. No certificate orff~~t5~certifiC~!~ shall bef(~f~%ed to any business that has "taxi" or "cab" of,.,"taxicabJt.(lh its name uhless it will ':;t;f0>.._ _,);)iH$W' axi servicesii~;the county. Each individual or iremenrtq! be eligible to be issued its transfer-its certificate or permit. o the two currently PVJ\C businesses that had "taxi," "cab" or e, and monogram or insignia to be taxi or taxicabs of the applicant. An applicant for Iso submit a colored sketch and/or photograph eme, lettering, monogram and/or insignia. A lor photograph of the monogram or insignia, lettering or scheme of the lettering, vehicle color scheme, and top light design hich shall conform to regulations issued by this article. The color scheme and monogram or insignia shall be unique and readily distinguishable from the color schemes and monograms or insignias previously approved for prior applicants. Any changes to an approved color scheme, monogram, or insignia must be approved by the PVAC CAB. 29 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 39 of 88 (8) The experience of the applicant in the transportation of passengers in the form of a typewritten and signed experience statement. (9) The minimum and the maximum number of vehicles planned to be operated and controlled by the applicant and the location of proposed depot(s) and/or terminal(s). (10) If operating under a fictitious name, name has been registered with the State of Flori to operate is required for each fictitious name (11) The required certificate of in insurance company authorized to do is insurable and that an insuran attach proof that said separate certificate application is approved. insurance must precede t (12) A current cr . nationally rec entity in e applicant by a applicant is a business e year, a current credit report for each nized credit agency. luding at least one bank or financial applicant has maintained an active account for at the est time for which the applicant has maintained . a financial institution if such period is shorter than one nt is a business entity in existence for less than one year, references including at least one bank or financial institution the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. (14) A list of criminal convictions for which the applicant, owner, directors, officers and managers have been found guilty, regardless of adjudication, in Florida or any other state of the United States, indicating 30 Underlined text is added; Struck Through text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 40 of 88 the offense, the date and the state. Applicant shall also sign and submit a criminal history/background verification request form provided to the applicant by staff. (15) The name of all managers. (16) Application must be accompanied by the required application fee. (b) On the filing of the application, said applicaf the County Manager, the application, for: (1) Completeness of the applic'~tron and ap 4%Wi\:Y:" with this article./;i-iYYPI ''C_':;;!:,':; hall be reviewed by n of statements within (2) Consideration of th~jt'taxicab)cc6ior preclude '~/~;;(;"\__ /)2~\~,):t4l confusion by the riding PU,i~li't~nd to pre~~~,infringement of a then current certificate holder's color scheme:,. .",', "}:, '''./t' >>" ';,;:" "C'''''' ....:.:.';.".':..'n.:.\.,.. ',' ':":'.'/'._ ,{,,',..."<::':\::.L'j, Sec. 142-53. Issuanceiofthe Certific~te toOperat~J0',} --:--_:\,J-'-"':;-;:::':>__'i:("M~L::_::L""i,:.' (a) All appli2ations'f6r a certificate to operate must be reviewed and ;{\:-:(_:};t<' ,-h::::');';',:::,:::??, approved by the ~\6^.C CAB' at a public'meeting. Persons shall be allowed to ;;:?!?;t~:_ _,ii'V;:i:;\{;:,;:~,-t:~#i&~;?,,':-,,; .___. '-<~7:! speak ancj pfpyide rel~varitinf6;:matiorj'fegarding an Applicant's qualifications to /%i:'2::;;'4bWE('(:F{i;? _, .. -~'>:;ir;:S .. --'~'-i:} provic;l.E;lfIranspoH:atjpn s'eryices. If the PVAC CAB finds that after review of the applr~fii~n, PUbliG'g8~me~i~''}lfany, and relevant information, the Applicant is fit ~;-ii4';f(gh ,o::j.h!.'{$"-<Us:+ to provid~i![ansportatioQ,;~ervices and conforms to the provisions of this article, ;J>::?~" :(/.J: then the Coogty Manag,~[ shall issue a certificate to operate stating the name of <;:_';:1lh.",.:'XJ;:t the Applicant.lft9fld~~Y'AC CAB determines that the Applicant is not fit to provide .""'f1?f'" transportation services or does not comply with the requirements of this article, the application for a certificate shall be denied. The reasons for the denial shall be stated in writing to the Applicant. The applicant may appeal an adverse decision by the PV^C CAB to the Public Vehicle Board for a review of the PVAC CAB's denial to the applicant. After review of the application, the Public Vehicle Board may issue the certificate, or refuse to issue it, or may issue a certificate with such modifications, or conditions as the Public Vehicle Board may deem 31 Underlined text is added; gtruck Through text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 41 of 88 appropriate. No certificate shall be issued to any person or to any applicant who has or whose owners, officers, directors or managers have been found guilty or have been convicted, regardless of adjudication, within the then past five (5) years of any of the following: any crime relating to the provision of transportation services, any crime which is designated as a felony, any crime involving the sale or possession of any controlled substances as defined by Section 893.03, Florida Statutes, called the Florida Rico Act; also expos f the sexual organs or any other crime under Chapter 796, Florida "Prostitution". No certificate shall be issued to any Applicant who director who was an owner, officer or directo had a certificate revoked in the then pas be issued to any Applicant whose credit r showing a failure to promptly pay ills related (b) An Applicant shall pa approval of the Application for a pay the required fee certifi Application and suit in the Certificate. te fee within 30 days of the his Section. Failure to n of the approval of the Application for d a certificate, each Applicant for a sentation regarding this Article (if not ertificate and as a requirement for maintaining a , continuously maintain a place of business in Collier ch vehicle for hire business in County has sufficient situs or prese lier County so as to be required by the Collier County License Tax Or ance to have a Collier County occupational license. Irrespective of where occupationally licensed, each holder of a Collier County Certificate shall continuously maintain a telephone number (at a local phone call rate) to enable potential customers from Collier County to call to obtain information and/or vehicle for hire service. (d) Vehicle decals shall be color coded for each permitting year, F9srblary 1 to Jar1b1arj 31. Each vehicle permit and decal shall be separately 32 Underlined text is added; Struck Through text is deleted. Attachment "8" Agenda Item NO.1 OC March 10, 2009 Page 42 of 88 numbered. The vehicle decal shall be permanently affixed on each assigned vehicle's left outside bottom windshield glass corner of the rear window and the other decal at the right outside top windshield glass corner (driver's side) of the vehicle's front window. 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 te er of a vehicle, the certificate holder shall remove the vehicle decal and de all remnants of such removed decal to county staff. The certificate notifying the county manager in writing wi currently valid vehicle decal destroyed permits shall be transferable only in the vehicle upon proof of purchase operation of the previously per requirements of this article prior to? vehicle for hire by the certificate holder. mu vehicle traffic. All vehicle(s) for hire .' respective home occupationally licensed residence ty approved operators who then actually reside e holder shall notify the County Manager in writing within ten days ange in the business address and/or telephone number, and shall take all ctions, if any, required or authorized by the then applicable Collier County Occupational License Tax Ordinance. (9) E3ch taxicnb chall bo required to dicplay a uniferm aFl8 !listinct color schomo on nil l3ormittod vohicloc. All such schomos shall 130 S~BjOE;t to rocoivo prior reviow and approval from tho PV/',C. Sec. 142-54. Minimum insurance requirements. 33 Underlined text is added; Struck Thr-9l,lgh text is deleted. Attachment "B" Agenda Item No.1 OC March 10, 2009 Page 43 of 88 (a) The following insurance requirements are intended to be minimums and do not imply or represent the necessary amount of coverage for any vehicle or particular operator or driver of the respective vehicles for hire. All certificate holders operating a vehicle for hire shall have in full force and effect motor vehicle liability insurance for each vehicle for hire owned by, leased to, or otherwise controlled by operating company equal to or greater than $125,000 for bodily injury to anyone person, $300,000.00 for bodily inl~~ies to more than one ",j$SiiJP person which are sustained in the same accident, and $'100,000.00 for property UJy&t0X+~8~... ?"'<;P>'~;:~ damage sustained on one accident. Said insuranpe> shaU,il?E3 primary coverage !~h '-; <t'fj:j)(h that must injure to the benefit of any person \/\lhg' shall be injured"or killed, or who :<r;(?~f:W "";WW~i:" shall sustain damage to property proximately caused by the negii.Qence of the ~tiq~tiTht~, .:<1::;;,. ';;'Wr>~>::, certificate holder, all drivers, and all master~jdBervaD!~cand agents. Nothing in this ;*N~'~}>, ,"!ftru;:~t.' article shall be construed to waiYI:l applicables!?Wor federal laws, if any, which i:?/;{:7:::,::\"""", "qi~1;%, then require a higher amount o(riJl[1iruMmf!!~surance"g,~verage or other insurance -.:('", "-",,'''v::-'''i;,:::<,;. --;:'::::;_'__, requirements including Section~'<;824:021~fSCfB~4.031,ii@;;and 324.032, Florida Statutes. If a countxg~fm!M~? vehr&i'~t!9,~;hlf~~iJ6~~~rsto be covered by the full ,":+',:::i>>, "QW/':'';, 't~jJ,W:' insurance specified! in this 'article, tHai county permit for that vehicle shall '~?f~;;;:F:?' ,ff/:~) ';;~;f;:;, immediately ancFfautomatic?I(~)therebyb~come null and void and shall remain ";<jBrf~:':;":';:i;~i#:~~;;rBl,~py;,J<<",, "1(~1f' null and v' nlessi~nctiLlritirthe<req.;JiIl:ld insurance is again in full force and "'Ji;liJZ~i" "";f)~::~Y its 'decommissioned for vehicles temporarily taken out of '>i:'t}~st:: se shall be gr d ci"~9pday insurance lapse period with proof of the '<:tt1;f- essation da 'before a renewal permit fee is required, except where lies. Except for new certificates or sub-certificates, ments shall become effective 60 days after the effective date of this article as each certificate holder's or vehicle permit holder's policy comes up for its next renewal, whichever is later, but not later than 365 days of the effective date of this article. (b) An original certificate of insurance shall be filed with staff and shall have as an agent thereon an insurance company authorized to do such business in Florida. The certificate of insurance shall contain the names of all businesses under which the certificate to operate holder is doing business. The category of 34 Underlined text is added; Stru8k Through text is deleted. Attachment "B" Agenda Item No.1 OC March 10, 2009 Page 44 of 88 each motor vehicle for hire shall be specifically stated on the certificate of insurance. The certificate of insurance shall include a schedule of all vehicles covered. Said insurance policies must be issued for a minimum of one year and shall cover each vehicle in use in the county. Certificates of insurance must indicate that the board of county commissioners is named as an additional insured. Further, said insurance policies shall be endorsed to provide for a 30 day prior written notice to staff of any material change, i ing any reduction in the amount or scope of coverage, non-renewal, expiration. The certificate holder shall notify sta permitted vehicle(s) for hire is/are removed coverage and/or when one or more pe insurance coverage from one insuranc operation or renewed , presents to staff a cupationallicense for each such site n required by law to have an occupational license, es and charges imposed directly or indirectly by aid certificate shall be in effect frgFfl the for a period of one vear and shall be in addition to any other es established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and/or control. The fee shall not be prorated for a fractional part of the year. Upon expiration of the certificate, a new certificate must be applied for pursuant to the procedures outlined in this Article. It shall be a vielatien of this I'.rtiole to oper3te any rogulatos sor'/ico without a '/alis GortifiG3to th3t 3uthorizos tho rospootivo sorvicOG. Prior to the expiration of said certificate, the certificate holder must renew its certificate 35 Underlined text is added; Struok ThFeI,j!ilA text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 45 of 88 pursuant to the provisions of this article. If all I3rQvisiens of this article are compliod with, the County MaAa€ler will reissue a certifisato in compliLlAse witA this article. (b) Vehicle Permit. Before any motor vehicle shall be operated under any certificate, the certificate holder shall apply for and receive from the County Manager a vehicle permit. Each permit request shall be in writing and shall, by the applicable vehicle registration and/or other docume , contain the name and address of the certificate holder, the make, typ number, state license plate number, category of scheme if a taxicab, and seating capacit each vehic respective vehicle permit is applied for. as set forth at the time of certification. Pr the following documents vehicle permit: (1 ) insurance includlng;a,schedul A$i;f$YW" --"~~1;~1fif:*;, (2). roof of p[gper ve j :~t+1 forms: original certificate of any of the following f~tt'ie< orida Department of Highway Safety -~':~Xwt,~" registration certificate. The state vehicle iW~\, registra Ion certificate must classify the vehicle as a vehicle for hire ~B~:,,;'<#fk!,)," commerci~j\iYehicle; ~Hj,~ b.~l"rotarized Florida Department of Highway Safety and d7Mi;{f ~r"i\tElhicles notification of transfer or registration license plate '<'X)t~p~ tran;fer~ing an existing license plate classified as a vehicle for hire; or c. If applicable, any commercial registration legally authorizing the vehicle to operate in Florida, i.e., apportioned registration. (3) An affidavit signed by the certificate holder stating that the vehicle to be permitted meets the safety standards as required by this article. Said affidavit shall have been issued not more than 30 days prior 36 Underlined text is added; 8trucl'. Thr-elJ€lh text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 46 of 88 to the issuance of the vehicle permit. Any vehicle that has failed to meet the standards set forth in this article must be removed from service until all safety standards are complied with. (c) Each vehicle permit shall automatioally expire en JaAl,Jary a1 of eaoh 'f6aF annuallv unless renewed upon payment of the prescribed fee, submittal of the above documentation and presentation of a valid occupational license for the /A, permit year. If the applicant is required to have a Collietiil'County occupational ':~S1iW' license (or licenses) pursuant to the Collier CountY,;9spupational License Tax \_,,:~:_::,'):'-'--~:;:;;:;'l\,::: Ordinance, such Collier County license(s) shall,~epresente~!;\~staff, otherwise a then active occupational license from one aqj~c'-ent Florida COLlnty or from one '>W,w:y:;i":C<(\;I~ municipal corporation within an adjacenlFjodda County must bgJpresented to '--3i;:K;-r:- _,:,,;),::~ '::I,xM\::,\ staff. The prescribed fee shall be as esta91!~he~!pyJresolution of the Board of '-:"'''': -":/,.",<,, County Commissioners. It sha be a violatiQn',of this Article to operate any vehicle for hire without a valid (u (d) the Ce.mty Manager in ',witing within ten oalendar dayc of any then ourrently valid vehiole deoal dectroyed or rofRevea frofR a vehiole. 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 37 Underlined text is added; 8truok Through text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 47 of 88 of this article prior to its being operated as a vehicle for hire by the certificate holder. (e) Sub-contracted vehicles must obtain and display a temporary vehicle permit and temporary decal at a cost of $5.00 per day per vehicle. Securing such temporary vehicle permits and decals shall be the responsibility of the certificate holder. Sub-contracted vehicles and drivers shall comply with all sections of this article except those that clearly apply' ,to applications for issuance of original certificates or renewals. (f) Applications for a vehicle permit for certificate holder who is making application vehicle lease agreement between the holder. The application must also incl leased vehicle. All vehicle leas Enforcement Department before ph . ed, neither the color scheme, name, nia, lettering, or any other similar outwardly visible II be altered or modified without approval of the signage or advertising. Sec. 142-57. or Revocation of Certificate. (a) Suspen ons. The certificate issued may be summarily suspended by staff and the vehicle's decal be summarily removed by staff if it is determined by staff that such suspension is required to protect the physical safety of any individual, or there is a violation of subsection (3), (4) or (5), below. The certificate holder may in writing to staff request an expedited appeal to the Pv/\C CAB of staff's suspension, and the P'.~^.C CAB shall hold an appeal hearing thereon as soon as practical. The PV/\C CAB may sustain, modify in whole or in 38 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item No, 10C March 10. 2009 Page 48 of 88 part, or reverse staff's suspension. In all other instances the certificate may be revoked or suspended only by the enforcement board or Special Master and only after hearing if the holder thereof: (1) Violates any other provision of this article; (2) Discontinues operations of all vehicles for more than 30 days for unscheduled services, and seven days for regularly scheduled services; (3) Has been convicted and found guilty, regar of adjudication, of a crime listed in Section 142-37 or in subsectio, -53(a) of this article, or has ever been classified as a habitual t habitual felony / '.~i.. offender, habitual vicious felony offepcfer <t%f{1/ pursuant to any Federal Law, Flotida Statute, or sub ??::-'-;;~~ ,^ statute of any other State or territory:l)!}" ,;;7 (4) Has made false st~t~,,~ents und~t;g~tt1': in the application, or in any other document required by,i;6t~~J?mittedpGtsl!ant to, this article; or }';:, "':1tC'i:",,;~, (5) Knowingly permitted any vehicle, for hire tope operated as a vehicle :),:}::,. _ ::,<,"";-~'_:'}:(:'_.:~t;"."" for hire in violatiohof,any laworthisarticleij;,:?c '-':"-':{:''''''''-''''';''-'~'';':,;'''..,,:,':,:, ".?~'~1;W;f;;;~ (b) Revocations. No, certificate:'shall be revoked except after a public '" ;<7/1(,\': '.;,/::< hearing by the enforcement board or Special Master by applying this Article. The ~L(,:,>i>-_ _,:,-:__,',_,\:,Cr.:;:'i,;Y~W?,qt/~'.:', -.:}\,:;}- certificate"Q2;Ic:lElr maYiapR,f=laf (oy"certi2fWi) any suspension or revocation of its ;;:::\,m;;d?i'/(:f{,;:\:~,~,,-'\:,:;:n'L, ---'"jj" certificate'to a court of law as then authorized by law, but shall not provide any ::;:'.::"/$'-'- "";;"#fi:\\, '<-\i-../;" vehiCJei,)or hire serviges in:,QQllier County during the suspension period or ""'\>'}:':::'_,;':"',<;\S'," revocatiQI:!;,,,A hearing',!?;~fore the enforcement board or Special Master on suspensioit't~Lrevocati9r1" shall take place at a regularly scheduled meeting or i'\"3t1(~;;; __<~,<..,:,}>" special meetin'gof theladministrative forum. After revocation of a certificate, no "-"2\i;r<!d~i application for certificate submitted by an owner, officer or director of the certificate holder being revoked shall be accepted or considered for a period of twelve (12) months from the date of the revocation if the prior certificate holder is eligible to be issued another certificate. (c). Appeal to PV,^,C CAB of Staff Denial of Driver's ID. Refusal by staff to issue or renew an applied-for a driver's ID may be appealed in writing to the P\MC CAB. The appeal shall be limited to appellant's arguments that the refusal 39 Underlined text is added; Struck Thr-ough text is deleted. Attachment "B" Agenda Item No. 10C March 10,2009 Page 49 of 88 was not authorized by the supporting facts applied to this Article. The PV.^.C CAB cannot reverse the refusal if the denial was authorized by applying the underlying facts to this Article. Sec. 142-58. Disciplinary Proceedings. (a) Each complaint of a violation of this Article, including any other County Ordinance referenced in this Article, or although not ref ed in this article, is independently applicable to the respective vehicle structure, or parcel of land, that is regulated Ordinance shall be made only to the code The employee is authorized to refer su Board or to the Special Master. Proc Enforcement Board and/or the S ecial Maste the Code Enforcement Departm (b) With assistance of sl specify with particu ich s party believes h essential f arty should attempt to article, other applicable or regulations that the complaining . rtificate holder and/or driver, and the of a written or oral complaint, or upon knowledge ho taff reasonable suspicion that a violation has ode Enforcement Investigator may conduct a nd determine whether the facts as known warrant filing ce of a written notice of violation to the alleged violator. rranted, the Code Enforcement Department shall refer the case to the Code Enforcement Board or Special Master for enforcement. (d) If the violation is a continuing condition, including 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) and the deadline date when written proof of the cure must be delivered to staff. Failure to make all such corrections as required 40 Underlined text is added; StnJGk Thr.gIJ!3R text is deleted. Attachment "8" Agenda Item No.1 OC March 10, 2009 Page 50 of 88 and failure to notify staff within the prescribed time period shall result in an automatic civil fine of one hundred and five dollars ($105) per day of such failure(s) to meet the deadline dates. Notwithstanding any other provision in this Article, all then available remedies, penalties and charges shall apply for the respective enforcement forum when the respective case is referred to and enforced by the Code Enforcement Board or the Special Master. However, to the extent, if any, that there is then a conflict between t , es specified in this Article and those rules, the fines specified in this A hall control with regard only to violations of this Article. (e) If active conduct or violation of this Article that must cease is a her County itnesses the lolation(s) violator must pay the fine(s) comply with that notice. ission on or before the te(s) shall be separate violations of this dred and five ($105) dollars for each and/or failure to deliver such proof to ecific Vioiations of this Article. ines. If the same violator commits a separate in time the same or any other provision of this Article, the e two hundred and fifty dollars ($250). If the violator parate in time third (or more than a third) violation of the same or other provision of this Article, the added fine shall be five hundred dollars ($500). "Added fine" means the otherwise applicable fines for the violation plus the added fine. In addition, a third (or more) violation by the violator that occurs within three hundred and sixty-five (365) days of that violator's last prior violation shall result in another added one hundred ($100) fine, and the violator's certificate to operate may be suspended by 41 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 51 of 88 the code enforcement board or by the Special Master for up to sixty (60) calendar days. (2). Insurance Requirement Violation. A one thousand dollar ($1000) fine shall apply to each violation of Section 142-54 of this Article (the minimum insurance requirements). (3). No Valid PV/\C CAB Issued Certificate to Operate. A one thousand dollar ($1000) fine shall apply when'f~JJhdividual operates a """",% vehicle in vehicle for hire service while not (1Pgt~ting the vehicle for hire ,,<,/~?0'<~~r!<"> pursuant to a then effective PV,^,C CAB 4rtific~f~ft8 operate; and said ;,',1'1::-:.. . "it:'.!'% individual shall not be eligible to be t9,(B~~rate a vehlcl~);f2r hire for three ,J~&LWir -'t~h~rtXt hundred and sixty-five (365) daysfgllpwing the last date ofstiph violation. ;;f:W*\ _ ,.f\. 'i!~:~~:!h (4). Operating Vehicle For Hir~il}(ehigJi~,;yJithout A ValidpVI'.c CAB ,:dii;n'c-.,t'i41P" issued Driver's 10. An individual whoOperafes a vehicle in vehicle for hire service without a then ~~I~ttYe,pw\C~~a"issued driver's 10 shall be 9i,0i-,'-"'YP4\f':f',t:,\<\:>,__ ~;t~!h- fined five hundred dollars ($1:)00) forIJ3,first vigl?tion, and be fined one '0W'r1>;,<:~r0f$1ffP\::k_;, '>;,':f; thousand doll?rsi($l,OOO) foha second sep?rate in time violation, and ,<p(':6/:tJY-' ";;/{!%:'{~: ,\-ti1:;i{2t;HW' '~\i! such violatqrx'shall notCbe issU~q a PVl\C CAB driver's 10 for three :.~:W::Y' lritW "\;jf}t\;, hundred anp;, sixty-fiVEl' (365) days(after the last date of such second ):~1Wik:" ,;!~}Jjl1f?'~;4JP~1N>~~,'> _',. ';1~ in tim,~;;.y121atioit;j;T8~;R!lnalties for a third no valid driver's 10 ";~'!j}a~-:, ~'~'(-,Jf- be al\.\to thousand dollars ($2,000) fine and shall render that 'tq!~~, barfe~)\g be issued a PVI',C CAB driver's 10. :,'t:lJi:'!- - id Florida Operator's Permit. A driver who operates a hire service without a then effective Florida operator's rizes all such driving shall pay a one thousand dollar ($1000) fine' or a first violation. The fine for a second separate in time violation of this provision shall be two thousand dollars ($2000) and the violator shall never be issued a PW\C CAB driver's 10. (6). Certificate Holder's Failure to Notify Staff When Driver Becomes Disqualified. The entity certificate holder must notify the County's code enforcement staff in writing of disqualification(s) of each vehicle for hire driver within one (1) weekday after any officer, manager, or 42 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item NO.1 OC March 10, 2009 Page 52 of 88 nd if applicable that driver's . s after that driver becomes f the driver is also the currently surrender that 's failure to surrender the I D by the undred dollars ($500). If the driver is . er's fine shall be an additional five 0) for not concurrently surrendering that certificate. sha t be issued a PW.C CAB issued ID and/or (5) years following the date of the actual physical d, if applicable, that certificate, to staff. of this Article, or of any ordinance incorporated herein by reference, or 0 C mance that is then independently applicable to any vehicle, individual, entity, building, structure, or land that is then regulated by any of the same, may be enforced by the Code Enforcement Department pursuant to Section 1-6 of the County's Code of Laws and Ordinances. See also Section 142-60, below. Refer to subsection 142-58(f), above, with regard to the superiority of specified mandatory fines for violations of this Article. management level employee of that entity becomes aware of the driver's disqualification. The fines for a first failure to notify violation shall be twenty-five dollars ($25) for each day after the first business day. The fines for a second violation shall be fifty dollars ($50) per day. The fines for a third (or more) violation shall be seventy-five dollars ($75) per day. Four (4) or more violations by an entity certificate holder within any five (5) year period can also result in suspension of that enti ertificate to operate for up to thirty (30) by a code enforcement bo (7). Driver's Surrender of ID and Ce Authorized Driver. A vehicle for disqualifying crime, or is disqualifi causes that PVAG CAB certificat thereby become void), sh certificate) to staff within aware of the conviction or 'n Disqualification of convicted of a , 'nation (that er's ID to certificate 43 Underlined text is added; Struck Through text is deleted. Attachment "8" Agenda Item No. 10C March 10, 2009 Page 53 of 88 (h) References to Rules, Regulations and Laws. All references in this Article to laws, ordinances, rules and/or regulations that are renumbered shall automatically be deemed to refer to all items as renumbered. Sec. 142-59. Renewal of certificates. The county manager shall attempt to notify all certificate holders in writing of the annual requirement to renew certificates to operate b . 'Iing such notice by regular mail to the business address of the certific Ider as then shown on the records of the PW\C CAB. Renewal registrati be under oath and shall include the name result in automatic eXpir~tigJl, of th ;:;;~'i>;?/' ." , '^"'.::};\;~ require a new app,liGatfon for a gertifica ursuant to the provisions of this article. ,:tfsl{~"~;:' i!:jY,~ . ,'Ji, '-';-:-.%'ili\':" __:A{:Z*{X--v;~t ~f;rB~';T;"t;;/ Sec. 142-6Q" JudiciaL8enaltfes f6r'VIQfations of Chapter 142. ;::r0lwMM*&tJf0x~},> -{t:~;;ll$f"%";lj;jM)' Se~tion 1"6~pt thel&'Qollier County Code of Ordinances is applicable <t;ft~t;y '<f~!'fi;>,_ ,",:,tiW~;;:h thr6ugt]out this Chapt~r 142.;,e?<cept there shall be no imprisonment for any -;%f~fn;,,~:__<<0;;~::::':Wt#;} violatior'i~9tChapter 142;~xcepnor contempt of Court. To assist in enforcement -"<":/:?<. ,:fit%i of this arti6f~\:.~taff maYJr~quest assistance from the Sheriff's Office and/or from '>t:\0:;~f0( _i1.,;':ew3t' the State Attomey,'s,Offjce as staff deems appropriate in the specific instance. ~;?,-;?{$tQY /'N"'~' ::;-;i" holder thereof has paid the the county's occupational tional license fee shall annual occupational license fe license fee schedule. Failure to SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent 44 Underlined text is added; Struck Through text is deleted. Attachment "B" Agenda Item No. 10C March 10, 2009 Page 54 of 88 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance be renumbered or relettered to accomplish that result, and the word may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR. EFFECTIVE This Ordinance shall be effective State. Florida of of County Commissioners of Collier County, Florida this ,2009. ATTEST: DWIGHT E. BR OF COUNTY COMMISSIONERS, COUNTY, FLORIDA By: Jeffrey A. Klatzko County Attorney 45 Underlined text is added; Struck Thre\,l€lh text is deleted. NO.10C ~'l- li1arc '1 2009 ~ ~age &" 188 ff CDEC2006', ~ ORDINANCE NO. 2006 - ~ fNtu AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CO ~ ~EC ....1 COUNTY ORDINANCE NO, 2001-75, AS AMENDED, THE PUBLIC VEH 1,....... FOR HIRE ORDINANCE, DEREGULATING CHARTER SERVICE RATE ~1915~"~\'.\ AUTHORIZING DISCRETIONARY INCREASE TO THE TAXI BASE RATE BY 25 CENTS PER TRIP; PROHIBITING RATE DISCOUNTS FOR TAXI TRIPS THAT BEGIN AND END IN COLLIER COUNTY EXCEPT FOR SENIOR CITIZEN PASSENGERS; PREVENT VEHICLE INSPECTION BY AN INDIVIDUAL WHO IS BIASED IN FAVOR OF THE VEHICLE PASSING THE INSPECTION; STAFF MUST DISREGARD OPERATOR'S PERMIT SUSPENSIONS THAT ARE NOT RELATED TO DRIVING A MOTOR VEHICLE; EXPAND LIST OF DISQUALifYING CRIMINAL CONVICTIONS AND STATUS AS A CRIMINAL; INCREASE MINIMUM INSURANCE REQUIREMENTS BY $25,000 fOR BODILY INJURY TO ONE INDIVIDUAL; AUTHORIZE APPEAL TO PVAC IF STAFF DENIES AN APPLICATION FOR A DRIVER'S ID; INCREASE SOME FINES; PROVIDE FOR INCLUSION INTO THE CODE Of LAWS AND ORDINANCES; PROVIDE fOR CONFLICT AND SEVERABILITY; PROVIDE THE EfFECTIVE DATE WHEREAS, the County's Public Vehicle Advisory Committee, considering input from representatives of several regulated vehicle for hire entities, is recommending that this Article be amended; and WHEREAS, the major amendments deregulate charter service rates; authorize a discretionary 25 cents per trip increase to the basic taxi rate; prohibit discounting taxi meter rates for trips that begin and end in Collier County except for passengers 60 years of age or older; specify that staff shall not accept vehicle inspection conducted by vehicle's owner, lessee or other individual who has a bias that the vehicle pass inspection; prevent staff from considering vehicle operator's permit suspensions that are unrelated to competence to drive a motor vehicle, expand list of disqualifying criminal convictions to include "haMual traffic offenders," "habitual felony offenders," "habitual violent felony offenders" and "violent career criminals;" increase from $100,000 to $125,000 the minimum required insurance for bodily injury to anyone individual; require notice to staff when the insured's insurance policy is changed; authorize appeal to the PVAC if staff denies application lor a vehicle for hire driver's ID; increase some fines; al~o minor clarifications and clean up amendments; and WHEREAS, the Board of County Commissioners, agrees with staff's recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. That Chapter 142 of the Collier County Code of Laws and Ordinances, the same being Collier County Ordinance No. 2001-75, as amended, is amended to read: ARTICLE II. TAXICABS AND CHARTER SERVICES DIVISION 1. GENERALLY Sec. 142-26. Definitions. The following words, tenns 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. Agenda Item No. 10C March 10, 2009 Page 56 of 88 "Applicant" means an individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise applying !Q the County for a certificate to operate or other request. "Certificate" means a Collier County certificate to operate that grants written authorization under this article to operate a motor vehicle for hire company wahin Collier County, "Charter Service" means any chauffeur-driven vehicle that is engaged in prearranged transportation and the rates for which transportation are based upon predetermined hourly, daily, weekly, monthiy, or door to door price. Charter service vehicles shall include, but not be limited to, the following four classifications: (1) "Sedan" means a four-door, full sized automobile capable of seating not more than five passengers, exclusive of the driver. (2) "Limousine" means a luxurious, large passenger vehicle, built or modified for use as a luxury limousine (e,g., formal or extended limousine). (3) "Van" means a passenger vehicle recognized as either a minivan or full sized passenger van capable of seating not more than 14 passengers, exclusive of the driver. (4) "Handicap vehicle" means a vehicle designed, constructed, reconstructed, or operated for the transportation of persons with non-emergency conditions where no medical assistance is needed or anticipated in route; or for persons who are unable to comfortably use a standard means of conveyance; or for persons who cannot enter, occupy or exit a vehicie without extensive assistance; or where specialized equipment is used for wheelchair or stretcher service; and where the chauffeur serves as both a chauffeur and attendant to assist the door-to-door or bed-to-bed service. No emergency equipment other than a fire extinguisher and first aid kit may be carried. The use of the word "ambuiance" may not be used and no representations may be made that any medical service is avaiiable. The word "non-emergency" must be prominently displayed on the outside of the vehicle. "Color scheme" means any distinctive combination of two or more vehicle for hire colors, including the lettering and/or logo that distinguish the vehicles of one vehicle for hire business from another vehicle for hire business. "County Manager" includes staff designees of the County Manager except where the context logically prohibits such inclusion. "Driver" means any individual in actual possession of a County issued Identification card, and a valid driver's license (operator's permit) that authorizes all respective driving privileges) and who is then employed, or permitted by a certificate holder, to drive or operate a permitted vehicle upon the streets of the County pursuant to this article, 2 Underlined text is added; Str~"k nmuytl text is deleted. Agenda Item No. 10C March 10, 2009 Page 57 of 88 "Holder" means an individual, firm corporation, partnership, company, association, joint stock association, or other type of organizational enterprise to whom a certificate to operate has been issued. "Manager" means any person responsible for the day-to-day operation of the certificate holder. "Motor vehicle for hire" means any motorized, self-propelled vehicle engaged in the transportation of persons upon the streets on the County with the intent to receive compensation for providing such transportation and shall include, but not be limited to, the classifications: taxicab, and charter service vehicles, and non-emergency vehicles. "Owner" means any individual, firm, corporation, partnership, company, association, joint venture, or any other type of organization enterprise owning a ten percent or greater interest in an Applicant for a certificate to operate and/or a vehicle for hire company. "Pick-up" means whenever a passenger/customer sits in a vehicle for hire for the purpose of being transported for a fee except successive picking-up of the same passenger during a continuous trip when the passenger departs the vehicle for a short time and the vehicie and driver wait at that location and the passenger returns and continues the trip. "Public Vehicle Advisory Committee" (PVAC) means the five-member committee existing pursuant to this article. "Public Vehicle Board" means the Board of County Commissioners. "Scheduled" means the transportation of persons on pre-determined points of origin, destination, or schedule of service. "Staff" means employees of the Code Enforcement Department who administer, enforce, regulate or interpret provision of this Article. "Subcontracted vehicles" means vehicles for hire not necessarily based in Coilier County. that are leased to or operating under a subcontract with a company that has a Collier County occupational license and a certificate to operate from Collier County issued pursuant to this Article. "Taxicab" or "cab" or "taxi" means a motor vehicle, with at least four (4) doors, equipped with a top light, designed to accommodate not more than eight passengers, exclusive of the driver, operated for compensation at rates based upon the distance traveled and authorized by this article, recorded and indicated by a taximeter in operation when the vehicle is in use for transportation or any passenger or property, and the route or destination of which is controlled by the passenger or the individual who hired the taxicab for that trip. "Taximeter' means any approved internally mounted device with records and indicates a rate or fare to be charged to a passenger of a Vehicle for hire measured by distance traveled, waiting/standing time, and other items of charge. All taximeters must comply with the then most current edition of the National Institute of Standards and Technology, Handbook 44. 3 Underlined text is added; Str~GII Tluewgl1 text is deleted. Agenda Item No. 10C March 10, 2009 Page 58 of 88 "Temporary vehicle permit" means a temporary vehicle permtt issued to a subcontracted vehicle (or a short term rented or leased vehicle for hire) that is not otherwise certified as a vehicie for hire in the County, "Vehicle for hire business" means any individual or entity holding a Collier County certificate to operate and which holds permits for one or more vehicles for hire, under one or more categories of vehicles for hire, and either provides leased vehicles to drivers to be used or operated as vehicles for hire or which operates a central dispatch for one or more vehicles for hire. "Vehicle decal" means a color-coded vehicle decal issued annually to the current certificate holder authorizing the holder to operate for hire the motor vehicle to which the vehicle decal is affixed. Sec. 142.27. Applicability. The provisions of this article shall be applicable to and effective in all now existing or future incorporated areas and in all unincorporated areas of the county. It shall be the duty of all county a",l FR"Risipal code enforcement officers to enforce these provisions withifl tAB territerial areas of their Fesflestivo juriseist!sRs. This article is intended, and shall be construed, as a direct regulatory measure uniform in application throughout the county. No certificate or permit issued pursuant to this article shall be construed as a grant to authorize the certificate or permit holder to engage in any business at any airport located 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. Sec, 142-28. Exemptions. The following categories of Vehicles for hire shall be exempt from all proviSions of this Article: (a) Any owner or transportation provider which has been designated as the community transportation operator as defined in Section 427.011, Florida Statutes, or transportation services provided pursuant to contract with the Community Transportation Coordinator provided, however, that any such vehicle that is also used as a motor vehicle for hire other than exempted uses as specified herein shall require a certificate for such non-exempt users). (b) Vehicles operated by a governmental agency; companies or organizations owning (or renting) vehicles that are used exclusively for transportation of the employees or members of said company or organization; Also transportation activities licensed by the Interstate Commerce Commission or any other government or agency of any government so long as such vehicles are engaged solely in interstate commerce or other activities authorized by the respective license. (c) Discharge of passengers within Collier County picked up in another county provided that the vehicle and operator were authorized to pick up the respective passenger(s) in the originating county and location of pick-up. 4 Underlined text is added; Str""I, TArau~R text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 59 of 88 (d) Vehicles operated under or pursuant to a franchise from the County. (e) Vehicles limited to providing transportation services for the Transportation Disadvantaged provided the vehicle is clearly and distinctly marked as a vehicle only for transportation of transportation disadvantaged persons and no emergency equipment other than a fire extinguisher and first aid kit shall be carried. Neither the word "emergency" nor any other word which may imply that emergency medical services are available shall be displayed or advertised. Sec. 142-29. Public Vehicle Board, A Public Vehicle Board shall consist of the Board of County Commissioners. The Board of County Commissioners, as the Public Vehicle Board, shall have the rights to license, regulate and control the rates and the total number of motor vehicles for hire operating on the streets from within the County. Sec. 142-30 Public Vehicle Advisory Committee (a) The Public Vehicle Advisory Committee is referred to herein as the "PVAC." (b) The PVAC shall consist of five members and one alternative member. Notwithstanding the provisions of Section 112.313, Florida Statutes, not less than two nor more than three members shall be holders of certificates at p~elis saRveRieRse aRe ReseGsity to operate a motor vehicle for hire business Q[ are otherwise affiliated with a vehicle for hire business. and not less than two nor more than three members shall be individuals who are in no way affiliated or associated with any holder of a certificate to ooerate ef pyelis seR"oRieRBe aAS Rooesoity. Terms of office of members shall be for four years and shall be staggered. Memberships exceeding two full terms shall be approved in accordance with Ordinance No. 2001-55. Members of the PVAC shall be appointed by and serve at the pleasure of the public vehicle board. All members shall be permanent residents and electors of the county. Appointment of members of the PVAC shall be by resolution of the public vehicle board, which resolution shall state the date of appointment and term of office, The alternate member shall vote only in the absence of a quorum. All PVAC members shall attend all meetings whenever possible, and shall comply with the provisions of Ordinance No. 2001-55 for attendance requirements. A finding by the public vehicle board of an excessive number of violations of this article, or failure to promptly correct a violation or violations of this article by a member or by a certificated entity associated with a member shall be grounds for removal of that member from the PVAC. (c) The County Manager shall designate a member of his staff to serve as liaison and to coordinate with the PVAC. (d) The functions, powers and duties of the PVAC shall be to: 5 Underlined text is added; StruBI, ThFO~~11 text is deleted. Agenda Item No. 10C March 10. 2009 Page 60 of 88 (1) Review and approve applications for each certificate to operate, permrt, etc., pursuant to this article. (2) Review and approve taxicab color schemes pursuant to this article. (3) Review and make recommendations to the Public Vehicle Board regarding issues related to the motor vehicle for hire business, including rates and charges. (4) Hold meetings at least quarterly if there is business to be conducted before said committee. (5) Conduct hearings as appropriate, (e) Officers of the PVAC shall be elected by majority vote of Ihe PVAC. Election of Officers should occur at the first meeting following October 1 of the respective calendar year. There are no Officer term limits for the Chairman, Vice-Chairman, Secretary, or any other Officer of the PVAC. Sec. 142-31. Unlawful Operation of Vehicle for Hire. It shall be a violation of this article for any person to operate or to permit operation of a motor vehicle for hire in Collier County in violation of any provision(s) of this article. All vehicles for hire must also comply with all applicable provisions of all County Ordinances including the Sign Ordinance and the Occupational License Tax Ordinance, and must comply with all applicable Florida and federal statutes, which may be a violation thereof irrespective of whether the vehicle is then being operated as a vehicle for hire. Sec. 142-32. Minimum vehicle standards: (a) It shall be a violation of this article to operate or for any person or any vehicle for hire entity to permit the operation of a motor vehicle for hire unless the following minimum vehicle standards are complied with or exceeded and the vehicle is maintained in proper operating condition. (1) Speedometer, and taximeter if applicable, properly installed, in good working order and exposed to the view of both the driver and the passengers. The taximeter must be lighted at all times whenever a passenger is being transported for hire in the taxicab, Each taximeter shall be inspected, approved and sealed pursuant to Chapter 531, Florida Statutes, and/or all then applicable rules and regulations. No vehicle for hire other than a taxicab shall be equipped with or contain a taximeter, whether or not the meter is in operation (2) Interior must be clean, sanitary, free of torn upholstery or torn floor coverings and free from damaged or broken seats. Seat covers shall be permanently attached or fixed to the seats of the vehicle, and have no exposed wire or sharp edges from metal, hardened vinyl, or otherwise. The rear seat must be of a type, size and mounting approved by the vehicle's manufacturer. No broken springs, sagging or horizontal slippage is allowed in any seal. Floor 6 Underlined text is added; SI'"61\ TRra"~A text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 61 of 88 covering material shall be secure and shall contain no rips or lese loose folds. The vehicle floor shall be free from rust and holes. (3) All doors must have operating handles that allow opening from both inside and outside. Handles, knobs and armrests must be free of breaks and must be securely mounted. Door hinges and hold stops must function correctly. Door seals and gaskets must be intact and be operating to seal water and odors from entering the passenger compartment from outside. All door panels must be intact to prevent injuries on door and window mechanisms. (4) Vehicle must be structurally sound and mechanically operable with a minimum of noise and vibration, and must have an operational parking brake and a primary brake system that acts on all four vehicle wheels. There shall be no visible leaks in the brake iine, wheel cylinder or any part of the brake system and no frayed cables. All primary brake systems shall demonstrate a reasonable total braking force, when tested, using the "quick stop method" with the vehicle for hire operating as m a speed of at least 20 miles per hour, Brake linings and disk brakes, when measured at the thinnest point, shall not be less than one-sixteenth of an inch, Brake linings and/or pads shall also be firmly attached to the brake shoe and/or disk coupler. Disk brake rotors and brake drums shall be of a size and type appropriate for the vehicle, with no brake cracks or other damage that change or impair the functional surface. (5) The body, fenders, doors, trim and grill must be free from holes, cracks, breaks and dents which may endanger pedestrians or passengers. (6) For Taxicabs. a rate scheduie in English and Arabic numerals prominently displayed as specified in Sec. 142-34(b). (7) Proper functioning interior light, headliner, dashboard, head rests, windows, gear shift and windshield wipers, (8) Vehicle for hire must be free from hazards, including but not limited to, slippery floors, sharp edges, and unpadded interior door head clearances. No loose objects or externally mounted speakers shall be plaCed behind the rear seat. No decorations or other objects will be permitted to hang in a vehicle for hire. (9) Exhaust emissions must be free of smoke. There shall be no leakage of fuel at any point in the vehicle's exhaust system. The tailpipe shall discharge exhaust only from the rear of the vehicle. No part of the exhaust system may pass through or leak into the vehicle. (10) Tires shall be of the correct size as approved by the vehicle's manufacturer, with no mismatched size tires on the vehicle. There shall be no cuts into the tire cord or sidewall area, or spots that expose the ply. No tire shall have less than 2/32 inches of tread remaining when measured in any two !lf9Y8& orooves at three equally spaced intervals around the circumference of the tire. When the tire has tread wear indicators, no tire shall have indicators that contact 7 Underlined text is added; Strwok T~rGUll~ text is deleted. Agenda Item No.1 OC March 10, 2009 Page 62 of 88 the road in any two ljf9Y6& Qrooves at three equally spaced intervals around the circumference of the tire. (11) Steering mechanism and directional signals must be maintained in operating condition. Steering mechanisms shall not be worn or jammed. There shall not be more than two inches play to the left or right of center measured at the steering wheel rim with the road wheels in a straight ahead position on wheels up to 18 inches in diameter. or three inches of play on wheels over 18 inches in diameter, (12) 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. Side windows mav usuallv be locked but must be immediately unlocked uno" adult oassenaer's reauest. 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 F.S. S 316.295, and other then applicable laws. (13) All vehicles for hire shall be equipped with properly operating horn, air conditioning and heating systems, head lights, turn signals, factory installed brake lights and replacements, all tail lights including "in reverse" lights, and a light situated to illuminate and make clearly legible the rear license plate. (14) Vehicles that have been modified, such as stretch limousines, must meet all State and Federal standards that apply !Q the vehicle. Seat belts must operate and be easily accessible to all passengers. Seat belts that are under the seat or between the lower and upper portions of the seat are not considered to be easily accessible. (15) Each certificate holder shall be responsible for ensuring that each vehicle for hire owned, operated. leased to, or otherwise controlled by it complies with this article, with other applicable County Ordinances, and with applicable state and federal laws, rules, regulations, and standards regarding motor vehicle safety equipment and devices. Every certificate holder shall cause every such vehicle to pass an inspection by an inspector employed by or under contract with a Florida licensed repair shop at least once every twelve (12) months to ensure that each such vehicle for hire complies with the minimum vehicle standards of this article and with applicable provisions of Chapter 316, Florida Statutes. Staff shall not acceot anv vehicle for hire insoection conducted bv the vehicle's owner, lessee. or other individual who is biased in favor of the vehicle oassino the insoection. The certificate holder shall maintain a permanent registry containing information on the identity of each vehicle for hire inspected, and a written document signed by the qualified inspector that includes the date of the inspection, and the nature of any deficiencies or defects discovered, plus a PVAC approved standard form inspection list supplied by staff that lists the items that must pass inspection. The certificate holder shall acquire and retain written evidence of all remedial actions and services performed, and the name, address 8 Underlined text is added; lOt,""I, Th'GW9h text is deleted. Agenda Item No. 10C March 10, 2009 Page 63 of 88 and telephone number of each inspector, repairer and/or mechanic, plus the name, street address, local telephone number, and the Motor Vehicle Repair Registration Certificate number then issued by the Florida Department of Agriculture and Consumer Services for that repair facility's specific location (pursuant to Chapter 559, Florida Statutes, as now or hereafter amended or renumbered, or any successor in function Statute, rule or regulation). Each such permanent registry and inspection, deficiency and repair documentation shall be made available for inspection and/or copying by the County during the certificate holder's regular business hours. The original then most recent inspection form for the vehicle and papers that prove completion of repair of all items, if any, that failed the last vehicle inspection must be presented to staff prerequisite to acquiring that vehicle's initial certification or renewai thereof. A vehicle for hire which fails to meet the operating and safety requirements of this article, of Chapter 316, Florida Statutes, and/or any other applicable law, rule, and regulation shall not be operated in for the transportafion of passengers for hire while such defect or deficiency exists. (b) All corrections or repairs required in order to comply with the minimum vehicle standards set forth herein shall be accomplished within 15 days from notification of the violation. Notification of any such violation by staff shall be in writing and be hand delivered or delivered by certified mail, return receipt requested, or by other lawful means of service. The date of receipt of the notice of violation shall commence the running of the fifteen (15) day period. The vehicle shall not be operated as a vehicle for hire until the failures are certified as having been corrected. Failure to correct any such violation within 15 days shall be a violation of this article. (c) Nothing in this Article shall be construed to effect any aspect of Chapter 316, Florida Statutes, including any traffic citation issued by any law enforcement officer, including for unsafe operation of the vehicle or because the vehicle is not properly equipped as referenced in Section 316.610, Florida Statutes, or otherwise. Sec. 142-33. Driver's Service Standards. (a) In accepting passengers, no vehicle for hire driver shall discriminate on the grounds of race, color, national origin, gender, religion, creed, politics. or affiliation with any group. Drivers may refuse service to any person who is disorderly or who causes the driver to have a reasonable apprehension of fear for his property or the driver's safety. (b) No operator/driver shall refuse to accept any passenger desiring service because of short or long haul destination. Drivers shall transport passengers to their destination by the most direct available route from the place where the passenger enters the vehicle for hire unless a different route is 9 Underiined text is added; Slr~6k TRra~gR text is deleted. Agenda Item NO.1 OC March 10,2009 Page 64 of 88 requested at the initiative of the passenger. No person shall be admitted to a vehicle for hire occupied by a passenger without the consent of the passenger. (c) Upon request, a receipt shall be given by the driver on conciusion of the trip, showing the name of the driver, vehicie number, year, month, and date, thee starting time, the place of origin and destination of the trip, the amount of fare coliected, and the number of passengers, and the total miles or units accumulated during the trip. (d) Any electrical device such as a radar detector/"fuzz buster," or police two-way or similar scanner, or two-way radio frequency monitor is prohibited within the vehicle for hire. (e) No driver shali operate any vehicle for hire whose vehicle permit or certificate has been suspended or revoked, and each taxi driver must clearly dispiay (visible to ali passengers) a then valid and unexpired driver identification issued to that driver by the County. (I) No driver shali solicit any passenger in any hotel, lounge, nightclub, restaurant, bar, boardinghouse, or any other commercial establishment without expressed permission to do so from the management of the respective entity. (g) Personal property left in any vehicle for hire shali be retained for ninety (90) days, after which the property may be considered to be abandoned if the notice requirements of Chapter 705, Florida Statutes, have been met. (h) No certificate holder, permit holder or driver shall possess at its place of business, dispatch operation, building, or in any vehicle for hire any device designed to be used for monitoring any competitor's radio frequency. (i) No driver of a motor vehicle for hire shall consume any alcoholic beverage or any controlied substance, or be under the influence of any alcoholic beverage or controlied substance while on duty or while driving a vehicle for hire. m At ali times when the vehicle for hire is being operatediA>r as a vehicle for hire, the driver thereof must display his/her Collier County issued Driver's Identification card so that the 1.0. is clearly visible to passengers, The text of the 10 Card must by be in English and must include a color photograph of the driver~ Ihe mnaelaeAoa card number assigned to that driver from the County must be in emboldened text. aIlG must include a telephone number that can be calied to contact the PVAC 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 PVAC. No one except an authorized County employee shali in anyway alter any such County issued 10 Card. Each driver's PVAC issued 10 must be renewed every twelve (12) months (during the anniversary month of the respective QD) and a PVAC issued 10 renewal stamp must be affixed to the front of the driver's 10 during the month of the driver's original 10 issuance. Original issuance of the ID. as weli as issuance of each annual operator's ID renewal stamp, shali be subject each year to staff receiving 10 Underlined text is added; Slrusk T~reug~ text is deleted. Agenda Item No. 10C March 10, 2009 Page 65 of 88 and verifvino that driver's affidavit swearing 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 by the PVAC to operate, and that the driver has not been found guilty or convicted, regardless of adjudication within the applicable lime frames of any crime listed in Section 142-37 of this Article, and that the applicant has never been found not guilty of any crime (felony or misdemeanor) because of that applicant's insanity, and, finally, that the applicant is not then insane, either by adjudication or by certification by physician(s). Driver 10 fees, if any, shall be set by Board of County Commission Resolution. Sec. 142-34. Designation of vehicles for hire; subcontracting vehicles for hire. (a) All taxicabs utilized by the respective certificate holder shall be painted in the color scheme approved by the PVAC. All changes in color scheme must comply with the procedures outlined in subsection 142-52. The name of the certificate holder shall be clearly displayed on the car in lettering which is at least three inches in height and is clearly visible. The lettering must be permanently affixed to the vehicle. Magnetic signs are prohibited. All taxicabs must have a permanently mounted top light at least ten-inches wide (wide side facing to the front) and four inches in height, mounted on the roof of the cab and illuminated with a tell-tale light indicating when the cab is occupied. The top light shall be used only to indicate whether the vehicle is at that time available for vehicle for hire business. (b) SCHEDULE OF FARES. The owner/operator shall post the then applicable schedule of fares and charges in the taxicab, which schedule shall be clearly and conspicuously visible to passengers. The words "rate," "rates," or "rates of fare" shall precede the rate statement, which shall be fully informative, self-explanatory, be readily understandable by the ordinary passenger, and be the same as that rate for which the taximeter is calibrated. The rate schedule shall be of a permanent character or be protected by suitable transparent protective cover material. If the PVAC adopts any standard form schedule(s), such schedule(s) must be displayed. (c) Taximeter. Each taxicab shall be equipped with a taximeter that meets all specifications, tolerances, and other technical requirements for taximeters required by the then most current version of Handbook H.44, National Institute of Standards and Technology. The face of every taximeter shall at all times be visible from the taxicab's passenger compartment and shall be illuminated so that passengers may ascertain the amount of the fare registered by the taximeter. The signal affixed to any taximeter shall never indicate that the taxicab is vacant when such taxicab is engaged by a passenger. No one shall operate any taxicab for hire unless its taximeter has been inspected and found to be accurate, in satisfactory operating condition, and sealed pursuant to applicable laws, rules and regulations. Each taxicab permit holder shall have the 11 Underlined text is added; Strusk T~re"!l" text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 66 of 88 taximeter in good working condition and operating accurately. Such meters shall be sealed to prevent any person other than a person authorized under then applicable laws, ruies and regulations, aM from changing the adjustment of same. It shall be a violation of this articie to operate a taxicab when a taximeter does not accurately register the correct mileage rate. Evidence of breaking of an official taximeter seal shall be prima facie evidence that such taximeter has been tampered with does not accurately register the correct information. Except when the taximeter is calibrated, recalibrated and/or if adjusted by a person employed by the county (or by a person employed by an entity under contract with the county to perform such services) the certificate holder shall deliver a copy of each such certification to staff not later than ten working days following the respective calibration, re-calibration and/or adjustment. (d) Charter service vehicles. Charter service vehicles shall not Aereafter be painted in any color scheme that has then been authorized by the PVAC to any certificated or permitted taxicab(s). Sedan and limousine service type vehicies may dispiay 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. Maanetic sians are orohibited on vehicles for hire unless aooroved in writina bv staff. Maanetic sians will not be aooroved bv staff unless the reauested maanetic sian is reauired to be temoorarilv olaced on the vehicie to enable the vehicle for hire to orovide vehicie for hire service to an airoort. seaoort. or other substantiallv similar oovernment or auasi- aovernment facilitv, No charter service vehicles shall place any type or form of light device on the roof or have such a iight within the interior of the vehicle so as to possibly indicate that the vehicie is a taxi. Except to the extent then othelWise required by law, no signage shall be affixed to or displayed from, in or on any vehicle for hire vehicie window (other than on van windows) exceot one window as follows: The PVAC issued vehicle ID number and the applicable e-mail and/or web site address(es), which text (except on van windows) must be displayed horizontally, level and be proportionally spaced, and the window signage vertical dimensions (except on a van side windows) shall not exceed four inches in height and shall not be stacked one over the other. Van Signage: Totai signage on each van, including handicapped vehicle van, may cover up to 30 percent of the van's frontal area, side areas, and the rear area, all inciuding the van's respective window areas. The van's front area, rear area, and side area 30 percent maximum shall be calculated separately. Signage 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 logo), but the text on the van's front signage, including when part of the larger logo, shall not exceed a height of four inches. Signage on the rear area of a van may include the name, logo, and/or telephone number(s) of the PVAC certificated individual's (or the PVAC certificated entity's name), and 12 Underlined text is added; Str".I, n"."gh text is deleted. Agenda Item No. 10C March 10, 2009 Page 67 of 88 only the text (letters and/or numbers) on a van's rear area shall not exceed a height of six inches, but the logo may exceed such height. Signage on the side area(s) of a van may include the PVAC certificate holder's address, and its name (separately or as part of a logo), telephone numbers(s) and e-mail and/or websile address(es). Neither the size of text nor any other signage on a side area of the van is limited by this article except as to the maximum 3D percent total side sign age coverage area, which includes the respective side window area(s). Signage eltisting an a veAisle fer AiFe van as af the efteative aate af tAis aftisla that aaes Ret tAeR Gem~ly '.,'ith these sigRage speGifiGatianG is allG'/:ea a graGs ~Griaa af Jlle aays fram that aate ta BriRg S~Gh 'JaR sigRage iRta GampiiaRGe ,,.,.ith req"iremeRts af this s~Bse61iaR (a). (e) Subcontracting vehicles for hire. Except for subcontracting vehicles for hire for short term special events, oniy vehicies for hire being operated under a county certificate shall be subcontracted in Collier County. Except for short- term special event subcontracting of vehicles for hire, all subcontracted vehicles for hire must be insured up to at least the minimum insurance requirements by insurance coverage provided by ef the vehicle for hire person or entity to which each such vehicle(s) for hire is/are subcontracted by (including leasing to) the county certificated vehicle for hire person or entity. Short term special events mean those occasions that occur !rem infrequently from time-to-time, usually only once annually, when a person who, or entity that, is operating a vehicle for hire business pursuant to the county's certificate and requires temporary use of vehicles for hire because the fleet of the respective certificate holder comprises too few vehicles to fully service the short term special event. Short term special events include graduation ceremonies from schools, golf toumaments, or other like events of short duration, usually less than seven consecutive days. Vehicles for hire that are subcontracted only for short term special events may be certificated by a municipality or by another Florida county, but the certification must be current and effective at the time of the subcontracting of leasing. Vehicles that are subcontracted only for short term special events shall not be used except to provide services required by the respective special event. Any vehicle subcontracted by, or leased to, a vehicle for hire business certificated by the county for anything except short term special events must be independently certificated by the county. Sec. 142-35. Schedule of Taxi Rates and Taxi Charges. (a) Rates and charges of charter services and of taxicabs under contract to provide long-term services are not reguiated except that other taxicab fares are regulated. No Ghafter sef\'iGe ,.ehisle aperatar GhalltFaRspGft, aa'Jeflise, aiGplay, ar athe",,.ise efter ta traRspaFl aRY paGSeRger(s) ~naer aRY Fates s*Gept lis Feg~lar Ghafter serviee Fates, whish FateG shall nat Be pFerataa, ai.Ga~Rtea, ai-/isea, er at~eFWj6e F8a~6eEl S8 as ts res8mble sr atteml3t is ssm)3ste SA a pries Basis '.\'Jtl1 13 Underlined text is added; Str~sk Thre~gh text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 68 of 88 aRY taxi Gala Fates. If a Gem~laint is maEle te stall that aRY s~Gh vielatieR has €IGGblrrea, tAB regHlar sAaRer serviss rates af tAe 138Fs0n Elf ORtily aeing iR\'eGti~ateEl fer s~.h alle~eEl vielalieR shall ~~aR re~~e.t Iae wem~lIy ~ra'JiEleEl in wFitin~ la stall, The taximeter shall not be turned off durino an on-dutv trio that commences in COllier County does not 00 outside of the County's oeooraohic boundaries. and ends in COllier County lincludino in a municioalitv). The rate charoed for such trio shall not be oreater nor less than the amount shown on the taximeter exceot discounts are allowed for oassenoers sixty (60) vears of aoe or older. There shall be no extra charge for handling luggage or baggage. (b) The following is the schedule of "'a)(i",~", rates for taxicabs operating in the County: (1) For the first one-tenth mile or fraction thereof.. $2.50 ootional to $2.75 (2) For each additional two-tenths mile or fraction thereof 0.45 (c) The fOllowing "'axim~m charges are reouired in addition to the m"xim~'" rates set forth in subsection (b) Rereef above: $24.00 maxim~m per hour standing/waiting time with a ma)(i"'~m reouired rate and interval of time of Rat les. IhaA $0.20 per 30 seconds, Aat te al,.ee. $9. ~9 iR eAe min~to in accordance with the time eiapsed on the taximeter, (d) Rate Change Procedures. (1) The Public Vehicle Board may from time-to-time require the owners and operators of taxicabs to appear before the PVAC at a public hearing to review their rates for reasonableness, Owners and operators may petition the PVAC for a review of their rates. (2) Prior to a public hearing pursuant to this section and upon request from the Public Vehicle Board or from taxicab owners, the County Manager may investigate and prepare a report concerning the then existing rates and charges, including regulation thereof by the PVAC. The report shall consider all financial and operating reports that are submitted by operators to determine operating ratios, revenues, expenses, and potential impact of any proposed rate changes. For rate-making purposes, the County Manager will not consider any cost incurred in the acquisition of a license or political contributions. Costs to be considered will include vehicle operating, maintenance and repair expenses, salaries of drivers, dispatchers and supervisors, plus insurance costs, taxes, and administrative expenses. (3) The report from the County Manager shall be reviewed by the PVAC, which shall make a recommendation regarding rate matters to the Public Vehicle Board. (4) The Public Vehicle Board should within 60 days after receipt of the staff and PVAC recommendations, schedule a public hearing concerning the proposed rate changes, at which hearing all interested parties shall have an opportunity to be heard. The Public Vehicle Board shall consider the staff report and recommendations, the PVAC's recommendation, and all evidence produced 14 Underlined text is added; Str~al< Thra~~h text is deleted. Agenda Item No. 10C March 10, 2009 Page 69 of 88 at the Board's hearing, and by resolution shall determine and set the appropriate rates as may be in the public interest. Appeals of the Public Vehicle Board's decision shall be to the Circuit Court of the 20'h Judicial Circuit in and for Collier County in accordance with Florida Appellate Rules. Sec. 142-36. Daily manifest or trip log required: Every motor vehicle for hire owner or operator shall maintain a daily manifest (trip log) upon which the driver shall promptly and legiblye record the following information: Name of the driver: vehicle number: year, month, and date; the starting time, place of origin and destination of each trip, the then applicable rates and charges for that vehicle for hire, the amount of fare collected and the number of passengers of each trip during that driver's driving period. All completed manifests shall be returned to the owner of the business by the operator at the conclusion of his/her tour of duty. The fonns for each manifest shall be furnished to the operator Qy at said owner. No one shall destroy, mutilate, alter or otherwise deface any daily manifest for at least one year. Said manifests shall be available for inspection and/or copying by the county for a period of not iess than one year after the date of the respective manifest. Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Criminal History Record Checks' 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 penn it) 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 each respective driver applicant operates any vehicle for hire in ~RiRserperated Collier County pursuant to this article, 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 AaviR@ tAe Flerida DepaFlmeRt ef la'.... o;RfersemeRt previde d/reslly Ie staff tAat iRdivid~al's eelevl deBsribed f1R@erpriRI eased sAmiAal ",serd sAesl,s aM 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 has not been adjudicated insane, has not been certified insane by physician(s), and had never been acquitted anywhere of any crime because of that individual's insanity, and has not been found guilty or convicted, regardless of adjudication, of any of the following three year crimes (if convicted within the Ihen past three years) and/or any of the following ten year crimes (if convicted within the then past ten years), and that the applicant's operator's permit had not been 15 Underlined text is added; 8tr~GI( TAre~gA text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 70 of 88 suspended or revoked anywhere within the then past three (3) years, but excludinG ooerator's oermit susoensions based on facts not related to the violator's resDonsibilitv to ooerate a vehicle for hire such as to failure to cromotlv oav fines (exceot fines based on vehicle movino viOlations). delinouent SUODort oblioations' or failure to como Iv with subooenas orders to aooear. orders to show cause and other substantiallv similar orders unrelated to motor vehicle violations. EaG~ applisant m"ot Be ~nger-jlrinte~ an~ t~e applieant m"sl ~a"e t~eGe lingeljlrints ~elivere~ la t~e Flori~a DepaFlment of law Enfarsoment for a state arimiAal histary Gt:lesk. (c), Criminal Historv Record Checks. County staff is resDonsible for reouestinG these criminal historv record checks, 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 article, The PVAC and staff shall take into account every acquittal of any crime any time and anywhere based upon the insanity, but shall not consider any other conviction, as "conviction" is defined in this article, that occurred more tReR than ten i1Ql years before the date of the application, and shall not consider any conviction that had been set aside by cost-conviction proceeding. Such post conviction proceedings information is also exempt from subsection 119.07(1), Florida Statutes, (Public Record's Law) disclosure. An individual ever havino been classified a habitual traffic offender, habitual felonv offender. habitual violent felonv offender or violent career criminal is orohibited from operatino a vehicle for hire in vehicle for hire service, or to hold a PVAC issued certificate to ooerate and anv such classification that occurs after the individual has been issued a PVAC issued ID and/or certificate to ooerate shall automaticallv cancel such ID and certificate and shall render that individual forever ineliaible to ooerate anv vehicle for hire in Collier County or hold a PVAC issued certificate to ooerate oursuant to PVAC authorization, 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 (1) Vehis~lar maAsla~ghter; or ill (ij Reckless driving; or @ let 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 and No Time Limit Determinations are: 16 Underlined text is added; StruGl, Thro~g" text is deleted, Agenda Item No. 10C March 10,2009 Page 71 of 88 .lID (7) Murder, l!!rl manslaughter, armed robbery, armed buralarv, arson kidnaooina. cariackina. home invasion. aaaravated stalkina aaaravated child abuse aaaravated abuse of an elderlv or disabled adult. or assault with a deadly weapon, llf Also anv 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 ill t8) Section 784,011, relating to misdemeanor assault, provided the victim of such assault was a minor and/or Section 784.03. Florida Statutes, relating to misdemeanor battery, provided tile each victim of the battery was a minor; or @l t9t Each felony listed in Chapter 784, Florida Statutes, irrespective of the age of any victim of any such felony; or lID t4{l) 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 UQ1 f-1-B Section 787.02, Florida Statutes, reiating to false imprisonment of a child under the age of thirteen (13) unless the child was the driver applicant's chiid; or !.1ll H;!i Section 787,025, Florida Statutes, reiated to luring or enticing a chiid into any structure, dweiling or conveyance unless the child was the driver applicant's child; or M ~ Anv felonv violation of Chaoter 790. Florida Statutes, involvina the use or oossession of a firearm. or allY violation of Subsection 794.011(2), (3), (4), (5) or (8), Florida Statutes, relating to sexual battery; or @ (44t Subsection 794.05, Florida Statutes, relating to unlawful sexual activity with certain minors; or iMl fWj Section 796.03, Florida Statutes, related to procuring person under the age of eighteen (18) for prostitution; or i1Q1 ~ Section 800.04, Florida Statutes, reiating to lewd or lascivious offenses committed upon or in the presence of persons less than sixteen (16) years of age; or f1ill t4+1 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 UZl ~ Section 827,03, relating to child abuse or ag9ravated child abuse; or L1ID....f-Wi Section 827,04, Florida Statute, relating to contributing to the delinquency of a child; or om ~ Subsection 827.071(2), Florida Statutes, relating to use of a child in sexual performance; or (20) ~ Subsection 827.071(3), related to promoting a sexual performance by a child unless the driver appiicant can prove to the PVAC that the conviction did not involve the driver applicant directing any such sexual performance; or 17 Underlined text is added; St,usk TArDu~A text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 72 of 88 !.f.1l ~) Section 847.0133, Florida Statutes, related to knowingly sell, rent, loan, give away, distribute, transmit or show any obscene material to a minor; or (22) t23l 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 sexualconducl. (6j fQl Exemptions. There shall be no exemotion reaardina anv individual who has ever been classified as a habrtual traffic offender habitual felonv offender, habitual violent felonv offender and/or violent career criminal in Florida or in anv other State or territory. 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 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 from each ten 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 crime 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, and (viii), the applicant's then present state of sanity if the applicant had ever been acquitted anywhere of any crime because of that individual's insanity, or had ever been judicially declared, or had ever been medically certified, to be insane. The PVAC may impose restrictions upon the applicant's vehicle for hire driving activrties. (<Ij jg) The PVAC may consider evidence offered by others in support of or in opposition to granting an exemption and driving activity restrictions. (ej ill Notwrthstanding any other provision in this Ordinance, the PVAC's decisions regarding exceptions, exemptions and restrictions shall be final and shall not be eligible for appeal or other review by the Public Vehicle Board. 1Ill9l If a then approved driver is convicted of any of the aforesaid crimes, the certificate holder shall not permrt 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 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, 18 Underlined text is added; Slr.ok T~FB.eh text is deleted. Agenda Item No. 10C March 10, 2009 Page 73 of 88 \9t !hl "Conviction' applies to Florida and to crimes w~h substantially the same elements in other jurisdictions covered by the respective criminal history record check, including mil~ary courts, and includes a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication, and includes acquittal of any crime (felony or misdemeanor) because of insanity of the defendant; 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 jailor other local detention facility, including juvenile facility. Sec. 142-38. Consumption of Alcohol or Controlled Substance by Drivers. No driver of a vehicle for hire shall consume any alcoholic beverage or any controlled substance or be under the infiuence of any alcoholic beverage or controlled substance while driving on duty. Sec. 142-39. Refusal of Passenger to Pay Legal Fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles governed by this article after having hired the vehicle. It shall be unlawful for any person to hire any vehicle for hire with the intent to defraud. Sec. 142-40. Advertising Services by Collier County Certificate Holders. It shall be a violation of this article for any person or entity that is required to have a certificate to operate in Collier County to advertise in Collier County a service that one is not then certificated to provide in Collier County. All advertisements for mrl such vehicles for hire services printed or contracted for after J~ly 31, 1991, Januarv 31. 2007 and published in a telephone directory, "" newspaper, intemet. business card. brochure. fiver or other substantiallv similar advertisement distributed or published in the County shall include the applicable Collier County certificate number. Each certificate holder shall ensure that the applicable certificate number is provided to the publisher for inclusion within the text of each advertisement. There shall be no advertising in Collier County in any name except the name to which the certificate is issued by the PVAC or Florida reoistered fictitious name. No advertisement in Collier County shall indicate the availability of any type of service(s) that will not be provided immediately in Collier County. Sec. 142-41. Use for Immoral Purposes. No person shall use, or permit any person to accompany or use, a vehicle for hire for the purpose of prostitution or lewdness or to transport or offer or agree 19 Underlined text is added; St",sk Thr9wgh text is deleted, Agenda Item NO.1 OC March 10, 2009 Page 74 of 88 to transport any person with knowledge or reasonable cause to believe that the purpose of such transporting is for the purpose of prostitution or lewdness. Sec, 142-42 - 142.50. Reserved. DIVISION 2. CERTIFICATE AND PERMIT TO OPERATE. Sec. 142-51. Certificate and decals required; sub-certificates. (a) No person shall operate or permit a motor vehicle owned, leased to, sub-contracted by, or otherwise controlled by that person or entity to be operated as a motor vehicle for hire upon any street in the county without having first obtained a certificate to operate. No vehicle for hrre, including sub-contracted vehicle for hire, shall operate under any county certificate unless that vehicle is displaying a current color coded vehicie decal permanently affixed to the left iRside outside bottom corner of the wiA~sRiel~ rear window and on the !!m outside riaht corner of the front windshield left si~e sf the 'sar l3~mpor. All such decals except short term special event decals have a duration not to exceed one year. All vehicles for hire, including subcontracted vehicles, must display the required decals, which decals must be removed from the vehicle by the driver or certificate holder immediately following suspension or expiration of the decal, or, if applicable, suspension or revocation of the operator's or the person's or entity's certificate, Vehicles subcontracted for short term special events may display a temporary sticker, issued bv staff which shall be removed immediately following the termination of the short term special event. (b) Sub-certificates. If a certificated individual or entity, for any legitimate business reason(s), requests issuance of a sub-certificate from the PVAC, the PVAC may issue one or more sub-certificates requested by the applicant subject to supplying staff with written proof that the sub-certificate shall be owned only by the owner(s) of the related full certificate, and that the sub-certificated operations shall operate only from the same geographic location(s) as the operations authorized by the related full certificate, 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 only 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 20 Underlined text is added; Str~sl( TRre~gR text is deleted. Agenda Item No. 10C March 10, 2009 Page 75 of 88 PVAC for good cause in the specific case. The PYAC may from lime-lo-lime 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 resutt. Sec. 142-52. Application for certificate to operate, (a) An application for certificate shall be filed with the PVAC on fonns provided by the county manager with a nonrefundable application fee for each certificate. The prescribed fee shall be adopted by resolution of the board of county commissioners. The application form shall be verified under oath and shall furnish the following information: (1) If an individual, name and address of the applicant. (2) If a partnership, name and address of the applicant's business: names and addresses of all partners. (3) If a corporation: the exact corporate name and business address of the applicant's corporation, name and address of all directors and officers, articles of incorporation and all amendments thereto along with a certified copy of the certificate of incorporation. (4) The names and addresses of all persons or entrties holding a ten percent or greater beneficial interest in the applicant's business or company. Failure to disclose such interest shall be grounds for the denial of the application of any applicant or revocation of any certificate. (5) Business telephone number and, if applicable, e-mail address and FAX number. (6) The trade name under which the business will operate. The trade name under which the applicant intends to do business shall not be deceptively similar to the trade name of any other then current certificate holder or sub- certificate holder. Approval of the use of a trade name does not imply the use of said trade name is otherwise legally authorized. A separate certificate or sub- certificate is required for each trade name or fictitious name. No certificate or sub-certificate shall be issued to any business that has "laxi" or "cab" or "taxicab" in its name unless rt will immediately be providing taxi services in the county. Each individual or entity must comply with this requirement to be eligible to be issued its PVAC certificate fer 2Qgll or prerequisite to transfer its certificate or permrt prier te that lime. The preceding sentence shall not apply only to the two currently PVAC certificated vehicle for hire businesses that had '1axi," "cab" or "taxicab" in their trade name as of December 11, 2002. I;;aa" perseR er eRtily plaRRiRg te eperate ~R<ler a fiatitie~s Rame ."all altaG" te t"e appliGalieR a netari2.<I aepy af t". Rewepaper Relia. p~9Iis"ee IR a.GereaRae 'Nil" !'.S. ~ ll6&,OO, 21 Underlined text is added; Str"ak T"r<lwg" text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 76 of 88 (7) The name, color scheme, and monogram or insignia to be used to designate the taxi or taxicabs of the applicant. An applicant for taxicab certification shall also submrt a coiored sketch and/or photograph of the vehicle color scheme, lettering, monogram and/or insignia. A colored sketch and/or photograph of tAe A'lSRSgFapA of the monogram or insignia, lettering size with the color scheme of the lettering, vehicle cotor scheme, and top light design which shall confonn to regulations issued by this article. The color scheme and monogram or Insignia shall be unique and readily distinguishable from the color schemes and monograms or insignias previously approved for prior applicants, Any changes to an approved color scheme, monogram, or insignia must be approved by the PVAC. (8) The experience of the applicant in the transportation of passengers in the fonn of a typewritten and signed experience statement. (9) The minimum and the maximum number of vehicles planned to be operated and controlled by the applicant and the iocation of proposed depot(s) and/or terminal(s). (10) If operating under a fictitious name, attach proof that said name has been reoistered with the State of Florida a Astari~ed eapy af prasf af adveftisiAg ts tAe applisutiaA iA assaFdaRsa '.vitA 8estiaA 886.9B, "'Iarida 8tat"les, A separate certificate to operate is required for each fictitious name, (11) The required certificate of insurance or verification from an insurance company authorized to do business in Florida that the applicant is insurabie and that an insurance policy meeting at ieast the minimum standards set forth in this article shall be issued if and when the application is approved. In each instance submission of a certificate of insurance must precede the issuance of a vehicle permit. (12) .'>. s6Reablle sf ~FGpesea fares, rates, amUer 6Rar:ges etRer tt:1aA taxi A1elemd rates (allhe tAen applisaale Fales as epesilied p"r"uaRt ts AFtisle). t-1.J1 @ A current credit report compiled for the applicant by a nationally recognized credit agency, and if the applicant is a business entity in existence for less than one year, a current credit report for each owner compiled by a nationally recognized credit agency. l441 f1ll Two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such periOd is shorter than one year, If the applicant is a business entity in existence for less than one year, two credit references including at least one bank or financial institution where the applicant has maintained an active account for at least one year or the longest time for which the applicant has maintained an active account in a financial institution if such period is shorter than one year. 22 Undertined text is added; ~>tr"sk ThF9"9A text is deleted. Agenda Item No. 10C March 10, 2009 Page 77 of 88 ~ 1M) A list of criminal convictions for which the applicant, owner, directors, officers and managers have been found guilty, regardless of adjudication, in Florida or any other state of the United States, indicating the offense, the date and the state. Applicant shall also sian and submit a criminal historv/backaround verification reauest form orovided to the aoplicant bv staff. ftej @ The name of all managers. (4+) L1fu Application must be acccmpanied by the required application fee. (b) On the filing of the application, said application shall be reviewed by the County Manager, Including any necessary verification of statements within the application, for: (1) Completeness of the application and applicant's compliance with this article. (2) Consideration of the taxicab color scheme to preclude confusion by the riding public and to prevent infringement of a then current certificate holder's color scheme. Sec. 142-53. Issuance of the Certificate to Operate. (a) All applications for a certificate to operate must be reviewed and approved by the PVAC at a pUblic meeting. Persons shall be allowed to speak and provide reievant information regarding an Applicant's qualifications to provide transportation services. If the PVAC finds that after review of the application, pUblic comment, if any, and relevant information, the Applicant is fit to provide transportation services and ccnforms to the provisions of this article, then the County Manager shall issue a certificate to operate stating the name of the Applicant. If the PVAC determines that the Applicant is not fit to provide transportation services or does not comply with the requirements of this article, the application for a certificate shall be denied. The reasons for the denial shall be stated in writing to the Applicant. The applicant may appeal an adverse decision by the PVAC to the Public Vehicle Board for a review of the PVAC's denial to the applicant. After review of the application, the Public Vehicle Board may issue the certificate, or refuse to issue it, or may issue a certificate with such modifications, or conditions as the Public Vehicle Board may deem appropriate. No certificate shall be issued to any person or to any applicant who has or whose owners, officers, directors or managers have been found guilty or have been convicted, regardless of adjudication, within the then past five (5) years of any of the following: any crime relating to the provision of transportation services, any crime which is designated as a felony, any crime involving the sale or possession of any controlled substances as defined by Section 893.03, Florida Statutes, called the Florida Rico Act; also exposure of the sexual organs afl<l or any other crime under Chapter 796, Florida Statutes, "Prostitution". No certificate shall be issued to any Applicant who has an owner or an officer or director who was an owner, officer or director of a vehicle for hire business which had a certificate 23 Underlined text is added; Strwsk Threwgh text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 78 of 88 revoked in the then past twelve (12) months. No certificate shall be issued to any Applicant whose credit report indicates facts and circumstances showing a failure to promptly pay bills related to vehicle for hire business. (b) An Applicant shall pay the required certificate fee within 30 days of the approval of the Application for a certificate pursuant to this Section. Failure to pay the required fee for the certificate shall be deemed as withdrawal of the Application and will result in the revocation of the approval of the Application for the Certificate. Prerequisite to being issued a certificate, each Applicant for a certificate must view staff's power point presentation regarding this Article (if not previously viewed by such individual). (c) Upon issuance of a certificate and as a requirement for maintaining a certificate in good standing, continuously maintain a place of business in Collier County at all times that such vehicle for hire business in County has sufficient situs or presence in Collier County so as to be required by the Collier County License Tax Ordinance to have a Collier County occupational license. Irrespective of where occupationally licensed, each hoider of a Collier County Certificate shall continuously maintain a telephone number (at a local phone call rate) to enable potential customers from Collier County to call to obtain information and/or vehicle for hire service. (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 outside bottom windshield glass corner of the rear window and the other decal at the right outside top windshield glass corner (driver's side) of the vehicle's front window. 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, the certificate holder shall remove the vehicle decal and provide all remnants of such removed decal to county staff, 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. (e). Only two vehicles for hire may be operated from a residence as a home occupation and such vehicle(s) shall not come and go from the residences so thatlhe trips exceed normal residential vehicle traffic. All vehicle(s) for hire that are operated from the respective home occupationally licensed residence 24 Underlined text is added; Strusl, TAraullh text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 79 of 88 must be operated only by County approved operators who then actually reside within that residence. (t). Each certificate holder shall notify the County Manager in writing within ten days of any change in the business address and/or telephone number, and shall take all actions, if any, required or authorized by the then applicable Collier County Occupational License Tax Ordinance. (g) Each taxicab shall be required to display a uniform and distinct color scheme on all permitted vehicles. All such schemes shall be subject to receive prior review and approval from the PVAC, Sec. 142-54. Minimum insurance requirements. (a) The following insurance requirements are intended to be minimum!! and do not imply or represent the necessary amount of coverage for any vehicle or particular operator or driver of the respective vehicles for hire. All certificate holders operating a vehicle for hire shall have in full force and effect motor vehicle liability insurance for each ta.ooaa vehicle for hire owned by, leased to, or otherwise controlled by operating company equal to or greater than $109,900.00 $125,000 for bodily injury to anyone person, $300,000.00 for bodilv injuries to more than one person which are sustained in the same accident, and $100,000.00 for properly damage sustained on one accident. Said insurance shall be primary coverage that must injure to the benefit of any person who shall be injured or killed, or who shall sustain damage to properly proximately caused by the negligence of the certificate holder, all drivers, and all masters, servants and agents. Nothing in this article shall be construed to waive applicable state or federal laws, if any, which then require a higher amount of minimum insurance coverage or other insurance requirements includino Sections 324,021. 324.031. and 324.032, Florida Statutes. If a county permitted vehicle for hire ceases to be covered by the full insurance specified in this article, the county permit for that vehicle shall immediately and automatically thereby become null and void and shall remain null and void unless and until the required insurance is again in full force and effect. Vehicle permits decommissioned for vehicles temporarily taken out of service shall be granted a 90 day insurance lapse period with proof of the insurance cessation date before a renewal permit fee is required, except where subsection 142-57(2) applies. Except for new certificates or sub-certificates, these insurance requirements shall become effective 60 days after the effective date of this article or as each certificate holder's or vehicle permit holder's policy comes up for its next renewal, whichever is later, but not later than 365 days of the effective date of this article. (b) An original certificate of insurance shall be filed with staff and shall have as an agent thereon an insurance company authorized to do such business in Florida. The certificate of insurance shall contain the names of all businesses under which the certificate to operate holder is doing business, The category of 25 Underlined text is added; StfU6k TAre~gh text is deleted. Agenda Item NO.1 DC March 10, 2009 Page 80 of 88 each motor vehicle for hire shall be specifically stated on the certificate of insurance. The certificate of insurance shall include a schedule of all vehicles covered. Said insurance policies must be issued for a minimum of one year and shall cover each vehicle in use in the county. Certificates of insurance must indicate that the board of county commissioners is named as an additional insured. Further, said insurance policies shall be endorsed to provide for a 30 day prior written notice to staff of any material change, including any reduction in the amount or scope of coverage, non-renewal, termination, cancellation, or expiration. The certificate holder shall notify staff immediatelv after one or more permitted vehicle!s) for hire islare removed from the then applicable insurance coveraoe and/or when one or more o811Tlitted vehicle{as) is/are transferred to insurance coveraae from one insurance Dollev to another insurance Doliev and/or when any reauired insurance is no lancer fullv in effect. Sec. 142-55. Certificate fees, permit fees and conditions; renewals. (a) No certificate shall be issued, continued in operation or renewed unless the holder thereof has paid an annual nonrefundable certificate fee for the privilege of engaging in the motor vehicle for hire business, presents to staff a copy of a valid and active Collier County occupational license for each such site in Collier County that is then required by law to have an occupational license, and has paid in full all fines, fees and charges imposed directly or indirectly by this Article. The prescribed fee shall be adopted by resolution of the Board of County Commissioners, Said certificate shall be in effect from the period of February 1 through January 31 and shall be in addition to any other license fee or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation andlor control. The fee shall not be prorated for a fractional part of the year. Upon expiration of the certificate, a new certificate must be applied for pursuant to the procedures outlined in this Article, It shall be a violation of this Article to operate any regulated service without a valid certificate that authorizes the respective services. Prior to the expiration of said certificate, the certificate holder must renew its certificate pursuant to the provisions of this article. If all provisions of this article are complied with, the County Manager will reissue a certificate in compliance with this article. (b) Vehicle Permit. Before any motor vehicle shall be operated under any certificate, the certificate holder shall apply for and receive from the County Manager a vehicle permit. Each permit request shall be in writing and shall, by the applicable vehicle registration andlor other documentation, contain the name and address of the certificate holder, the make, type, year of manufacture, serial number, state license plate number, category of vehicle, approved taxicab color scheme if a taxicab, and seating capacity of each vehicle for which a the respective vehicle permit is applied for. Each vehicle shall comply with all terms as set forth at the time of certification. Prior to the issuance of the vehicle permit 26 Underlined text is added; atr~.I, T~re~~~ text is deleted. Agenda Item No. 10C March 10, 2009 Page 81 of 88 the following documents are required upon submission of each request for vehicle permit: (1) Proof of insurance in the form of an original certificate of insurance including a schedule of covered vehicles. (2) Proof of proper vehicle registration in any of the following forms: a. A valid copy of the Florida Department of Highway Safety and Motor Vehicles registration certificate. The state vehicle registration certificate must classify the vehicle as a vehicle for hire commercial vehicle; b. A notarized Florida Department of Highway Safety and Motor Vehicles notification of transfer or registration license plate transferring an existing license plate classified as a vehicle for hire; or c. If applicable, any commercial registration legally authorizing the vehicle to operate in Florida, i.e., apportioned registration. (3) An affidavit signed by the certificate holder stating that the vehicle to be permitted meets the safety standards as required by this article. Said affidavit shall have been issued not more than 30 days prior to the issuance of the vehicle permit. Any vehicle that has failed to meet the standards set forth in this article must be removed from service until all safety standards are complied with. (c) Each vehicle permit shall automatically expire on January 31 of each year unless renewed upon payment of the prescribed fee, submittal of the above documentation and presentation of a valid occupational license for the pennit year. If the applicant is required to have a Collier County occupational license (or licenses) pursuant to the Collier County Occupational License Tax Ordinance, such Collier County license(s) shall be presented to staff, otherwise a then active occupational license from one adjacent Florida County or from one municipal corporation within an adjacent Florida County must be presented to staff. The prescribed fee shall be as established by resoiution of the Board of County Commissioners. It shall be a violation of this Article to operate any vehicle for hire without a valid (unexpired) vehicle permit. (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 and on the left hand side of the vehicle's rear bumper clearly visible when viewed from directly behind the vehicle. All vehicle decals except temporary decals for sub-contracted vehicles must be affixed to the vehicle for hire by staff. Vehicle decals 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 pennitted 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 27 Underlined text is added; Str""I. Tllrs"gh text is deleted. Agenda Item NO.1 DC March 10, 2009 Page 82 of 88 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. (e) Sub-contracted vehicles must obtain and display a temporary vehicle permit and temporary decal at a cost of $5.00 per day per vehicle. Securing such temporary vehicle permits and decals shall be the responsibility of the certificate holder, Sub-contracted vehicles and drivers shall comply with all sections of this article except those that clearly apply only to a~~liaatieAG fer applications for issuance of original certificates or renewals. (f) Applications for a vehicle permit for any vehicle not owned by the certificate holder who is making application must be accompanied by a written vehicle lease agreement between the owner of the vehicle and the certificate holder. The application must also include proof of insurance covering each leased vehicle. All vehicle lease agreements must be approved by the Code Enforcement Department before issuance of a vehicle permit. (g) Each taxicab shall be required to display a uniform and distinct color scheme on all permitted vehicles. All such schemes shall be subject to receive prior review and approval from the PVAC, No permit shall be granted to any certificate holder to operate any taxicab covered by this article. (h) After a permit has been issued, neither the color scheme, name, trade name, monogram, insignia, lettering, or any other similar outwardly visible phYSical aspect of the vehicle shall be altered or modified without approval of the County Manager, including signage or advertising, Sec. 142-57. Suspension or Revocation of Certificate. (a) Susoensions. The certificate issued "nder IRia ~ra'{iaieA may be summarily suspended bv staff and the vehicle's decal be summarily removed by staff if it is determined bv staff that such suspension is required to protect the phvsical safety of any ~eF6eR(a) individual, or there el<ists ~ a violation of subsection (3), (4) or (5), below. The certificate holder my mav in writing to staff request an expedited appeal to the PVAC of staff's suspension, and the PVAC shall hold an appeal hearing thereon as soon as practical, The PVAC may sustain, modify in whole or in part, or reverse staffs suspension. In all other instances the certificate ia""ed WAder tAis ~r8\'isieA ef tAia aFtiale may be revoked or susoended onlv by the !'VAG enforcement board or Soecial Master and on Iv after hearing if the holder thereof lias: (1) Violates any other provision of this article; (2) Discontinues operations of all vehicles for more than 30 days for unscheduled services, and seven days for regularly scheduled services; 28 Underlined text is added; Sl,wsk TAre"gh text is deleted. Agenda Item No. 10C March 10, 2009 Page 83 of 88 (3) Has geen convicted and found guilty, regardless of adjudication, of a crime listed in """Section 142-37(1)) or in subsection 142-53(a) of this article. or has ever been classified as a habitual traffic offender, habitual felonv offender. habitual vicious felonv offender or violent career criminal pursuant to anv Federal Law. Fiorida Statute. or substantiallv similar statute of anv other State or territorv. (4) Has made false statements under oath, in the application, or in any other document required by, or submitted pursuant to, this article; or (5) Knowingiy permitted any vehicle for hire to be operated as a vehicie for hire in violation of any law or this article. (b) Revocations. No certificate shall be revoked except after a public hearing by the !'VAG enforcement board or Soecial Master bv applvino this Article. The certificate holder may appeal (bv certiorari) te the P'I.^,C any suspension or revocation of its certificate to a court of law as then authorized bv iaw, but shall not provide any vehicle for hire services in Collier County during the s~mmary suspension period or revocation. A hearing before the !'VAG enforcement board or Scedsl Master on suspension or revocation shall take place at a regularly scheduled meeting or special meeting of the !'VAG the administrative forum. After revocation of a certificate, no application for certificate submitted by an owner, officer or director of the certificate hoider being revoked shall be accepted or considered for a period of twelve {121 months from the date of the revocation if the prior certificate holder is elioible to be issued another certificate. (c). Apoeal to PVAC of Staff Denial of Driver's 10. Refusal bv staff to issue or renew an applied-for a driver's ID mav be aopealed in writino to the PVAC. The appeal shall be limited to apoellanl"s arouments that the refusal was not authorized bv the supportino facts applied to this Article. The PVAC cannot reverse the refusal if the denial was authorized bv apolvino the underlvino facts to this Articie. Sec. 142-58. Disciplinary Proceedings. (a) Each complaint of a violation of this Article, including any other County Ordinance referenced in this Articie, or a~hough not referenced in this article, is independently applicable to the respective vehicle, individual, entity, building, structure, or parcel of land, that is regulated by this Article or such other Ordinance shall be made oniy to the code enforcement board staff employee. The employee is authorized to refer such complaint to the Code Enforcement Board or to the Special Master. Procedural rules applicable to the Code Enforcement Board and/or the Special Master will apply to cases referred Ie by the Code Enforcement Department. (b) With assistance of staff, the complaining party should attempt to specify with particularny which section(s) of this articie, other applicable 29 Underlined text is added; Str~ek Thre"~h text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 84 of 88 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 Code Enforcement Investigator may conduct a preliminary investigation and detemnine whether the facts as known warrant filing formal charges or issuance of a written notice of violation to the alleged violator. If such action is warranted, the Code Enforcement Department shall refer the case to the Code Enforcement Board De~art""ent or Special Master for enforcement. (d) If the violation is a continuing condition, including 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) and the deadline date when written proof of the cure must be delivered to staff. Failure to make all such corrections as required and failure to notify staff within the prescribed time period shall result in an automatic civil fine of one hundred and five dollars ($105) per day of such failure(s) to meet the noticed deadline dates. Notwithstanding any other provision in this Article, AU all then available remedies, penalties and charges shall apply for if the respective enforcement forum when the respective case is referred to and enforced by the Code Enforcement Board or the Special Master. However, to the extent, if any, that there is then a conflict between the fines specified in this Article and those rules, the fines specified in this Article shall control with regard only to violations of this Article. (e) 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 Issuing 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. Failure to cure the conduct, continuing 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 one hundred and five ($105) dollars for each day after failure to meet the deadline date and/or failure to deliver such proof to the Code Enforcement Department's staff. (f) Mandatory Fines for Specific Violations of this Article. m Added Fines. If withiR three h"Rarea ena siJEty fi'le (3Sa) "a\,s ef aRY ',-ielatien ef this /\rtisle, the same violator commrts a separate in time second violation of the same or J!lli other provision of this Article, the added fine shall be two hundred and fifty dollars ($250). If withiR Ihme h"Rar-ea aRa siJEty live (3Sa) aays ef aRY seseR" 'lielatieR ef this Artiele BY the sa""e "ielater, the violator 30 Underlined lext is added; Str"ek Thre"~h text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 85 of 88 commits a separate in time third (or more than a third) violation of the same or other provision of this Article, the added fine shall be fa<If five hundred dollars \$4OOj fi:1QQ}. 'Added fine" means the otherwise aoolicable fines for the violation olus the added fine. I"lter heariR~ eR aRY s"eh In addrtion. a third (or more) violation by the sertilieate hel"er violator that occurs within three hundred and sixtv-five (365) davs of that violator's last orior violation shall result in another added one hundred ($100) fine, and the violator's certificate to operate may be suspended by the code enforcement board or by the Special Master for up to sixty (60) caiendar days. (2). Insurance Reauirement Violation. 8. Ii-,e h"Rarea aellar ($800) one thousand dollar ($1000) fine shall apply to each violation of Section 142-54 of this Article (the minimum insurance requirements). (3). No Valid PVAC Issued Certificate to Ooerate. A five h"R"rea aellar t$&OOt one thousand dollar ($1000) fine shall apply when an individual operates a vehicle in vehicle for hire service while not haviR~ seeR iss"ea ooeratina the vehicle for hire oursuant to a then effective PVAC certificate to operate; and said Yi9iaH>F individual shall not be eligible to be iSB"ea a P\l,^,C oertifiBate te e~erate to ooerate a vehicle for hire for three hundred and sixty-five (365) days following the last date of such violation. (4). Ooeratina Vehicle For Hire Vehicle Without A Valid PVAC Issued Driver's ID. An individual who operates a vehicle in vehicle for hire service without a then effective PVAC issued driver's ID shall be fined five hundred dollars ($500) for a first violation. and be fined one thousand dollars 1$1.000\ for a second seoarate in time violation. and such violator shall not be issued a PVAC driver's ID far three hundred and sixty-five (365) davs after the last date of such second seoarate in time violation. The oenalties for a third no valid driver's ID violation shall be a two thousand dollars ($2.000) fine and shall render that individual forever barred to be issued a PVAC driver's ID fur three h"R"re" aRa siJ!ly fi,-e (365) aaYG alter the last eate of sueh '.-ielatieR, (5\. No Valid Florida Ooerator's Permit. A driver who operates a vehicle in vehicle for hire service without a then effective Florida operator's permrt that authorizes all such driving shall pay a five hUAarea ($500) one thousand dollar ($1000) fine for a first violation. The fine for a second seoarate in time violation of this Drovision shall be two thousand dollars ($2000\ and the violator shall flBl ~ be issued a PVAC driver's ID "Rtil three hURarOa am. sil<ly Ii'.'o (358) aays after the eate such iRai...ia"al aeGe""es a"thoFizea sy his/her F'leriaa e~eFater's ~ermil te e~erate the all~lisasle '/ehisle(s) fer hire iR the res~eetive ,<ehisle fur hir-e servises. (61. Certificate Holder's Failure to Notify Staff When Driver Becomes DiSQualified. The entrtv certificate holder must notify the County's code enforcement staff in writina of disaualification(s) of each vehicle for hire driver within one (1) weekday after any officer. manaaer, or manaaement level 31 Underlined text is added; Slrusk Thre"~h text is deleted. Agenda Item NO.1 OC March 10, 2009 Page 86 of 88 emolovee of that entitv becomes aware of the driver's disaualification. The fines for a first failure to notify violation shall be twentv-five dollars ($25) for each dav after the first business dav. The fines for a second violation shall be fiftv dollars ($50\ oer dav. The fines for a third (or more) violation shall be seventv-five dollars ($75) oer dav. Four (4) or more violations bv an entitv certificate holder within anv five (5) vear oeriod can also result in susoension of that entitv's certificate to ooerate for uo to thirtv (30) bv a code enforcement board. soecial master. or court. (7). Driver's Surrender of ID and Certificate Uoon Disauaiification of Authorized Driver. A vehicle for hire driver who is convicted of a disaualifvina crime. or is diSQualified bv a disaualifyina determination (that causes that PVAC certificate to ooerate and/or that driver's ID to therebv become void\. shall deliver that ID (and if aoolicable that driver's certificate) to staff within three (3) staff workdavs after that driver becomes aware of the conviction or the disaualification. If the driver is also the certificate holder. the driver must also concurrentlv surrender that certificate. The fine for the driver's failure to surrender the ID bv the reauired deadline date shall be five hundred dollars ($500). If the driver is also the certificate holder the driver's fine shall be an additional five hundred dollars ($500) for not concurrentlv surrenderinQ that certificate. Also the driver shall not be issued a PVAC issued ID and/or certificate until five (5) vears followina the dale Qf the actual ohvsical surrender the ID, and, if aoolicable. that certificate. to staff. (g) 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, building, structure, or land that is then regulated by any of the same, may be enforced by the Code Enforcement Department pursuant to Section 1-6 of the County's Code of Laws and Ordinances. See also Section 142-60, below. Refer to subsection 142-.2!ill}~, above, with regard to the superiority of specified mandatory fines for violations of this Article. (h) References to Rules. Reaulations and Laws. All references in this Article to laws, ordinances rules and/or reaulations that are renumbered shall automaticallv be deemed to refer to all items as renumbered. Sec. 142-59. Renewal of certificates. The county manager shall attempt to notify all certificate holders in writing of the annual requirement to renew certificates to operate by mailing such notice by regular mail to the business address of the certificate holder as then shown on the records of the PVAC. Renewal registration of certificate to operate shall be under oath and shall include the name or owner, central place of business address, proof of insurance, and valid registration. Proof of the iRS"FaRSe issuance of a vehicle for hire occupational license is required prior to approval of a renewal certificate, and such certificate shall only be issued when the holder 32 Underlined text is added; Str-IJsl, Thre"~h text is deleted. Agenda Item No. lOC March 10, 2009 Page 87 of 88 thereof has paid the annual occupalionallicense fee as then set forth in the county's occupational license fee schedule. Failure to pay the annual occupational license fee shall result in automatic expiration of the certificate. Expiration of a certificate shall require a new application for a certificate pursuant to the provisions of this article. Sec. 142-60. Judicial Penalties for Violations of Chapter 142, Section 1-6 of the Collier County Code of Ordinances is applicable throughout this Chapter 142 except there shall be no imprisonment for any violation of Chapter 142 except for contempt of Court. To assist in enforcement of this article, staff may request assistance from the Sheriff's Office and/or from the State Attorney's Office as staff deems appropriate in the specific instance. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance ot Collier County or other applicable law, the more restrictive shall appiy, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Articie," or any other appropriate word. SECTION FOUR, EFFECTIVE DATE. This Ordinance shall be effective upon receipt by the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this d day of bt"c.ember .,2006. ATTEST:::"'~ '" BOARD OF COUNTY COMMISSIONERS, DW'~HT" E.:. R ',~,K, ,Clerk COLLlER~'DA ~(" . -', '-_.,~. ". ~/7 . .: - By: - -r~ . .~.;;J(~1l!.;.C~now , FRANK HALAS, Chairman stINbI'lI,,.l,. Approve,j"as to form and legal sufficiency ~M rJ~ Thomas C. Paimer, Assistant County Attorney 33 Underlined text is added; Strwe" ThrG"gh text is deleted. This C'rdinow'. ','- \".::+, th0 Secreto;yof ')',";,':, C':'i;'.:,.i'l- .."2.Z-doy of be.c..._, ~ and Qcknmv.edC;t'ment of th'::1 filing re(<ljv~d this ~ day Of~~ y JI', La ' Ih.LJ~k \ o..p<'ltYc""", Agenda Item NO.1 OC March 10, 2009 Page 88 of 88 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. 2006-59 Which was adopted by the Board of County Commissioners on the 12th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of December 2006. '-'lQf3.. . DWIGHT E. BP'Q.GK... >(n, Clerk of Co~rt~~nd C~ftrk Ex-officioto:.:;13oard.,of'. . .'., r'-', ',: ,. ....... .' ~county t1\lj\:Ls:~'-one:r'Ol.:":i L~ J: ,_ ~;~.k . .' Vi ...."- By: Teresa Diliafd, . Deputy Clerk .