Agenda 06/24/2008 Item #16A18
Agenda Item No. 16A18
June 24, 2008
Page 1 of 37
EXECUTIVE SUMMARY
Request that the Board of County Commissioners (BCC) consider the requests of
the Public Vehicle Advisory Committee (PVAC) to (1) initiate review of taxi rates;
and (2) amend the Public Vehicle for Hire (VFH) Ordinance (No. 2001-75), by
changing the time frame for expiration of Driver Identification (10) cards to every
two years rather than annually; changing the expiration date of Certificates to
Operate (CTO) to November 30th annually; and adding a section to the VFH
Ordinance relating to Specialty Vehicle for Hire services.
OBJECTIVE:
That the Board of County Commissioners (Board) consider the requests of the Public
Vehicle Advisory Committee (PVAC) to (1) initiate a review of taxi rates; and (2) amend
the Public Vehicle for Hire Ordinance by changing the time frame for expiration of Driver
10 cards to every two years rather than annually; changing the expiration date of
Certificates to Operate to November 30th of each year; and adding a section to the
Ordinance relating to Specialty Vehicles for Hire.
CONSIDERATIONS:
Taxi rates: The PVAC has recommended amending the VFH Ordinance related to Taxi
rates so that the Taxi companies can adjust meter rates due to increased costs incurred
by the industry for fuel. Section 142-35(d) of the VFH Ordinance provides that, upon
request of the Board, the County Manager may investigate and prepare a report to the
PVAC, which shall make a recommendation to the Board concerning any rate change.
Rate changes resulting from this process are considered at a public hearing, and set by
Board resolution.
Driver 10 cards: Based on staff review and reports to the PVAC on the timeframe
appropriate for background check review, the PVAC recommended an amendment to
the PVAC Ordinance to allow update of Driver 10 cards on a biannual, rather than the
current annual, basis,
CTO Renewal date: The PVAC recommends that the PVAC Ordinance annual renewal
date for CTOs be changed from January 31 st to November 30th which is the slower time
for the industry. This change will result in renewal notification to the industry in August
annually and application review for staff from August through December annually,
Soecialty Vehicles for Hire: An additional change being recommended by the PVAC
relates to adding a provision for the review and allowance of specialty vehicles that
provide for hire services for tours and in destination areas such as Fifth Avenue and
Third Street. Currently the Ordinance does not address this type of service.
FISCAL IMPACT: The change in expiration in Driver's Identification cards from annually
to every other year will result in a decrease in the MSTD General Fund (111)
Agenda Item No. 16A18
June 24, 2008
Page 2 of 37
proportionally. The Department collected approximately $50,000 in fees for Driver
Identification cards and the change will result in a 50% reduction in collected fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this request.
LEGAL CONSIDERATIONS: This matter has been reviewed for legal sufficiency and
there are no outstanding legal considerations. -JW
RECOMMENDATION: That the Board consider the recommendations of the PVAC to
(1) initiate taxi rate review by the County Manager, and to (2) amend the Public Vehicle
for Hire Ordinance as noted herein.
PREPARED BY: Michelle Edwards Arnold, Code Enforcement Director
Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item No. 16A18
June 24, 2008
Page 3 of 37
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A18
Request that the BCC consider the requests of the Public Vehicle Advisory Committee
(PVAC) to (1) initiate review of taxi rates; and (2) amend the Public Vehicle for Hire (VFH)
Ordinance (No. 2001~75), by changing the time frame for expiration of Driver Identification
(ID) cards to every two years rather than annually; changing the expiration date of
Certificates to Operate (CTO) to November 30th annually: and adding a section to the VFH
Ordinance relating to Specialty Vehicle for Hire services,
6/24/2008 90000 AM
Prepared By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
6112/2008 4:40:51 PM
Approved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
6/131200811:23 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
6/13/200811:33 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6113/200812:35 PM
Approved By
OMB Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
6113/20082:26 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
6/14/200810:39 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/16/2008 12:39 PM
file://C:IAgendaTestIExportl II 0-June%2024,%2020081 16,%20CONSENT%20AGENDA II... 6/18/2008
. 16A18
Jun!!'>I 2008
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ORDINANCE NO. 2006 - 59 '" ~tU
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CO ~ ~tCH ....,i
COUNTY ORDINANCE NO, 2001-75, AS AMENDED, THE PUBLIC VEH '0\1,\\
FOR HIRE ORDINANCE, DEREGULATING CHARTER SERVICE RATE ~L919~17~
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 10; 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 "habitual 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 for a vehicle for hire driver's 10; increase some fines; a~o
minor clarifications and clean up amendments; and
WHEREAS, the Board of County Commissioners, agrees with staffs
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, 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.
Agenda Item No. 16A 18
June 24, 2008
Page 5 of 37
"Applicant" means an individual, firm, corporation, partnership, company,
association, joint venture, or any other type of organization enterprise applying 12
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, monthly, 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 vehicle without extensive
assistance; or where specialized equipment is used for wheelchair or stretcher
service; and where the chauffeur serves as both a chauffeur and attendant to
assist the door-to-door or bed-to-bed service. ND emergency equipment Dther
than a fire extinguisher and first aid kit may be carried. The use of the word
"ambuiance" may not be used and no representatiDns may be made that any
medical service is available. The word "non-emergency" must be prominently
displayed on the outside of the vehicie.
"CoIDr scheme" means any distinctive cDmbinatiDn Df two Dr mDre vehicle
for hire colors, including the lettering and/or IDgo that distinguish the vehicles of
Dne vehicle for hire business from anDther vehicle for hire business.
"CDunty Manager" includes staff designees Df the County Manager except
where the cDntext IDglcally prDhibits such inclusion.
"Driver" means any individual in actual pDssession Df a County issued
IdentificatiDn card, and a valid driver's license (DperatDr's permit) that authDrizes
all respective driving privileges) and whD is then emplDyed, Dr permitted by a
certificate holder, tD drive Dr Dperate a permitted vehicle upDn the streets of the
CDunty pursuant tD this article.
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Agenda Item No. 16A 18
June 24, 2008
Page 6 of 37
"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 vehicle and driver wait at that location and the
passenger returns and continues the trip.
"Public Vehicle Advisory Committee" (PVAC) means the five-member
committee 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 necessariiy based in
Collier County, that are leased to or operating under a subcontract with a
company that has a Collier County occupational license and a certificate to
operate from Collier County issued pursuant to this Article.
"Taxicab" or "cab" or "taxi" means a motor vehicle, with at least four (4)
doors, equipped with a top light, designed to accommodate not more than eight
passengers, exclusive of the driver, operated for compensation at rates based
upon the distance traveled and authorized by this article, recorded and indicated
by a taximeter in operation when the vehicle is in use for transportation or any
passenger or property, and the route or destination of which is controlled by the
passenger 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.
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Agenda Item No. 16A18
June 24, 2008
Page 7 of 37
"Temporary vehicle permit" means a temporary vehicle permit issued to a
subcontracted vehicle (or a short term rented or leased vehicle for hire) that is
not otherwise certified as a vehicle for hire in the County.
"Vehicle for hire business" 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 vehicies to drivers to be used or operated as vehicles for hire or which
operates a central dispatch for one or more vehicies for hire.
"Vehicle decal" means a color-coded vehicie decal issued annually to the
current certificate hoider authorizing the holder to operate for hire the motor
vehicle to which the vehicie 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 ana ",uAisi~al code enforcement officers
to enforce these provisions witl:1in the territerial areas sf their resJa8etj'/e
jurisaisiiens. 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 permij holder to engage in any business at any airport located
on any county or municipal property or operated by the county or by any
municipaiity. 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 use(s).
(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 Coliier County picked up in another
county provided that the vehicie and operator were authorized to pick up the
respective passenger(s) in the originating county and location of pick-up.
4
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Agenda Item No. 16A 18
June 24, 2008
Page 8 of 37
(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 dispiayed 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, reguiate 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 ef
Il~slis sa""eRieRGe aRd Resesslty to operate a motor vehicle for hire business or
are otherwise affiliated with a vehicle for hire business and not less than two nor
more than three members shall be individuais who are in no way affiliated or
associated with any holder of a certificate to ooerate of Ilyslis SOR'IeRioRsa and
nOGesGity. 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 pieasure 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
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Agenda Item No. 16A 18
June 24, 2008
Page 9 of 37
(1) Review and approve applications for each certificate to operate,
permit, etc., pursuant to this article.
(2) Review and approve taxicab color schemes pursuant to this article.
(3) Review and make recommendations to the Public Vehicle Board
regarding issues related to the motor vehicle for hire business, including rates
and charges.
(4) Hold meetings at least quarterly if there is business to be conducted
before said committee.
(5) Conduct hearings as appropriate.
(e) Officers of the PVAC shall be elected by majority vote of the 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 seat. Floor
6
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Agenda Item No. 16A 18
June 24, 2008
Page 10 of 37
covering material shall be secure and shall contain no rip8 or lese loose fold8.
The vehicle fioor 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 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 as i!! 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 schedule in English and Arabic numerals
prominently displayed as specified in Sec. 142-34(b).
(7) Proper functioning interior light, headliner, dashboard, head rests,
windows, 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.
(g) 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 9f9\'e&
qrooves 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
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Agenda Item No. 16A 18
June 24, 2008
Page 11 of37
the road in any two !If9Yll& orooves 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 UDon 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. 9 316.295, 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 li9hts 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 12 the vehicie. 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, ruies, 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 cassino 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
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Agenda Item No 16A18
June 24, 2008
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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 renewal thereof. A vehicle for hire
which fails to meet the operating and safety requirements of this article, of
Chapter 316, Florida Statutes, and/or any other applicable law, rule, and
regulation shall not be operated in for the transportation of passengers for hire
while such defect or deficiency exists.
(b) All corrections or repairs required in order to comply with the minimum
vehicie 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 Articie shall be construed to effect any aspect of
Chapter 316, Florida Statutes, including any traffic citation issued by any iaw
enforcement officer, including for unsafe operation of the vehicle or because the
vehicle is not properly equipped as referenced in Section 316.610, Fiorida
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, polllics, 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
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Agenda Item No. 16A 18
June 24, 2008
Page 13 of 37
requested at the initiative of the passenger. No person shall be admitted to a
vehicle for hire occupied by a passenger without the consent of the passenger.
(c) Upon request, a receipt shall be given by the driver on conclusion of
the trip, showing the name of the driver, vehicle number, year, month, and date,
thee starting time, the place of origin and destination of the trip, the amount of
fare collected, and the number of passengers, and the total miles or units
accumulated during the trip.
(d) 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
display (visible to all passengers) a then valid and unexpired driver identification
issued to that driver by the County.
(I) 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 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 controlled substance, or be under the influence of any alcoholic
beverage or controlled substance while on duty or while driving a vehicle for hire.
OJ At all times when the vehicle for hire is being operatediAll as a vehicle
for hire, the driver thereof must display hislher 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 ernbslelSAoel card number assigned to that driver from the County must be in
emboldened text. and must include a telephone number that can be called to
contact the 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 shall 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 HO) 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 10, as well as issuance of each
annual operator's 10 renewal stamp, shall be subject each year to staff receiving
10
Underlined text is added; Str"sk Thrs"6h text is deleted.
Agenda Item No. 16A 18
June 24,2008
Page 14 of 37
and verifvinc that driver's affidavit swearing under oath, if true, that the driver's
Florida operator's permit authorizes operation of ail 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
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, finaily, that the applicant is not then
insane, either by adjudication or by certification by physician(s). Driver 10 fees, if
any, shail be set by Board of County Commission Resolution.
Sec. 142-34. Designation of vehicles for hire; subcontracting vehicles for hire.
(a) Ail taxicabs utilized by the respective certificate holder shall be
painted in the color scheme approved by the PVAC. Ail changes in color scheme
must comply with the procedures outlined In subsection 142-52. The name of the
certificate holder shail be clearly displayed on the car in lettering which is at ieast
three inches in height and is clearly visible. The lettering must be permanently
affixed to the vehicle. Magnetic signs Bre 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 teil-tale light indicating when the cab is occupied. The top light shail be
used only to indicate whether the vehicle is at that time available for vehicie for
hire business.
(b) SCHEDULE OF FARES. The owner/operator shail post the then
applicable schedule of fares and charges in the taxicab, which scheduie shail 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
shail 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 shail 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 J.l.44, National
Insti/ute of Standards and Technology. The face of every taximeter shail at ail
times be visible from the taxicab's passenger compartment and shail be
illuminated so that passengers may ascertain the amount of the fare registered
by the taximeter. The signal affixed to any taximeter shail never indicate that the
taxicab is vacant when such taxicab is engaged by a passenger. No one shail
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; ."r"ok Thr6"gh text is deleted.
Agenda Item No. 16A18
June 24, 2008
Page 15 of 37
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, rules and regulations, aAEI from changing the adjustment of
same. It shall be a violation of this article to operate a taxicab when a taximeter
does not accurately register the correct mileage rate. Evidence of breaking of an
official taximeter seal shall be prima facie evidence that such taximeter has been
tampered with does not accurately register the correct infonnation. Except when
the taximeter is calibrated, recalibrated andlor 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 andlor adjustment.
(d) Charter service vehicles. Charter service vehicles shall not
hereafter 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 vehicles may display the certificate holder's trade name on only the front
license plate of the vehicle andlor 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 approved
bv staff unless the reauested maanetic sian is reauired to be temporarilv olaced
on the vehicle to enable the vehicle for hire to provide vehicle for hire service to
an airoort. seaDor!. or other substantiallv similar aovernment or auasi-
aovemment facilitv. No charter service vehicles shall place any type or fonn of
light device on the roof or have such a light within the interior of the vehicle so as
to possibly indicate that the vehicle is a taxi. Except to the extent then otherwise
required 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) except one window
as follows: The PVAC issued vehicle ID number and the applicable e-mail andlor
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: Total 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 including 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, andlor telephone number(s) of
the PVAC certificated individual's (or the PVAC certificated entity's name), and
12
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Agenda Item No. 16A 18
June 24, 2008
Page 16 of 37
only the text (letters andlor 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 andlor website
addressees). 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 30 percent total side
sign age coverage area, which includes the respective side window area(s).
SigAage exiGtiAg eA a ,oeAiGle fer hire \'aA as af tAe elfeGti\'e eate af tAis artislc
that eaes Aat tAaA oam/lly '/litA tAese "igAage o~aGiliGatiaA" io alla""ae a grase
/leriae of Jilt; eay" tram tAat eata ta sriAg ""GA van sigAa~e iAta GOm~liaAae wrth
ro~"iremaAt" af tAis ""sseGtian (e).
(e) Subcontracting vehicles for hire. Except for subcontracting vehicles
for hire for short term special events, only vehicles 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 eI the vehicle for hire person or entity to which
each such vehicle(s) for hire islare subcontracted by (including leasing to) the
county certificated vehicle for hire person or entity. Short term special events
mean those occasions that occur ffem 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 tournaments, 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 municipalrty 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 regulated except that other taxicab fares are
regulated. ~Io GAaRer se",iGe '.'eRiGle G/lar...t", shall traAs~eR, ae',eRise, eis/llay,
or ethew:is8 after ts tFaAS13EH1 BAr flBss8Ager(s) !;,lASer BAY rates 8XS8flt its regloJlar
oReRar serviss Fates, '/:!=IiaA rates shall Rat l3e J=lF9Fates, efiseslomte€l, eivisea, Elr
otheF\vise realoJSBa se as is resemBle Sf attemflt te e8FRf3ste SA a I3riS8 Basis with
13
Underlined text is added; St,"ok TAro"~A text is deleted.
Agenda Item No. 16A 18
June 24, 2008
Page 17 of 37
aRY tallisaB rates. If a samplaiRt is ma~e la slaff IRat aRY s~sR '/ialaliaR Ras
aSS"Ffa~, IRa 'ag~lar sRaFler sarvise rales ef IRe pel'6aA sr eAlity BeiAg
iA'/8stigate~ far s~sR all8ge~ '/ielaliaA 6Rall "pan re~~est Ba pramplll' praviEla~ iA
writiAg ta staff. The taximeter shall not be turned off durino an on-dutv trio that
commences in Collier Countv. does not ao outside of the Countv's aeoaraohic
boundaries. and ends in Collier Countv (includina in a municioaliM. The rate
charaed for such trio shall not be areater nor less than the amount shown on the
taximeter exceot discounts are allowed for oassenaers sim (60) vears of aae or
older. There shall be no extra charge for handling luggage or baggage.
(b) The following is the schedule of ",allim"", 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 "'a"im~'" charges are reouired in addition to the
"'axim~'" rates set forth in subsection (b) Refeef above: $24.00 "'a)(im~'" per
hour standing/wailing time with a ma)(i"'~m reouired rate and interval of time of
Aat less tRaA $0.20 per 30 seconds, Aat ta a"eee~ $9.19 iA aAe miA~te in
accordance with the time elapsed on the taximeter.
(d) Rate Change Procedures.
(1) The Public Vehicle Board may from time-to-time require the owners
and operators of taxicabs to appear before the PVAC at a public hearing to
review their rates for reasonableness. Owners and operators may petition the
PVAC for a review of their rates.
(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; 8lr~sk TRr<l~gR text is deleted.
Agenda Item No. 16A 18
June 24, 2008
Page 18 of37
at the Board's hearing, and by resolution shall determine and set the appropriate
rates as may be in the public interest. Appeals of the Public Vehicle Board's
decision shall be to the Circuit Court of the 20th Judicial Circuit in and for Collier
County in accordance with Florida Appellate Rules.
Sec. 142-36. Daily manifest or trip log required:
Every motor vehicle for hire owner or operator shall maintain a daily
manifest (trip log) upon which the driver shall promptly and 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 forms for each manifest
shall be furnished to the operator Qy E>f 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 less than one year after the date of the respective manifest.
Sec. 142-37. Drivers: Operator's Permit Suspension or revocation; Criminal
Historv 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 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 promptiy
be delivered to staff.
(b) Before each respective driver applicant operates any vehicle for hire in
"AiASer~sratea 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 haviAij t~e Fleriaa De~aFtmeAt ef law IOAfeFOemeAt ~Feviae aireetly te
"talt t~at iRai'lia"al's aelsw aessriaea liRijerwiRt aa.ea srimiRal r..,sera s~esks
aA<I 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 then 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; Str"S" T~re"ijh text is deleted.
Agenda Item No. 16A18
June 24, 2008
Page 19 of 37
suspended or revoked anywhere within the then past three (3) years, but
excludina ooerator's oermit susoensions based on facts not related to the
violator's resoonsibility to ooerate a vehicle for hire. such as to failure to oromotlv
oav fines (exceot fines based on vehicle movino violations). delinouent suooort
obliQations' or failure to comolv with subooenas orders to aooear. orders to
show cause and other substantiallv similar orders unrelated to motor vehicle
violations. eash a~~lisaAt "'~et se fiAger;ll,iAted aAd the a~~iisaAt "'~st have
these fiAgeFpriAIs deli'/er~El ts the Florida l)e~art"'eAt of lav: eAfo,so",eAt fer a
etale sri",iAal hi6t~~' shosk.
(c). Criminal Historv Record Checks. Countv staff is resoonsible for
reQuestinQ 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 lAeA than ten L1QJ. 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 havlno been classified a habitual traffic offender.
habitual felonv offender. habitual violent felonv offender or violent career criminal
is orohibited from ooeratinQ 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 cancei such ID and certificate and shall render that individual
forever ineliQible to operate anv vehicie for hire in Coilier County or hold a PVAC
issued certificate to operate pursuant to PVAC authorization.
The Three year crimes are:
(1) Any crime involving the saie 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 ",aRsla"!lhtor; or
ill t5l Reckless driving; or
@ t6t 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; gtr"sl, Thrs"9h text is deleted.
Agenda Item No. 16A18
June 24, 2008
Page 20 of 37
!ID (7) Murder, ~ manslaughter, armed robbery, armed burolarv. arson.
kidnaooina. cariackina. home invasion. aaaravated stalkina. aaaravated child
abuse. aooravated 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 t8l 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 u.e each victim of the battery was a
minor; or
@l t9l Each felony listed in Chapter 784, Florida Statutes, irrespective of
the age of any victim of any such felony; or
fm fW) 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
L1Ql fUl Section 787.02, Florida Statutes, relating to false imprisonment
of a child under the age of thirteen (13) unless the child was the driver applicant's
child; or
ll1l f:t!!l Section 787.025, Florida Statutes, related to luring or enticing a
child into any structure, dwelling or conveyance unless the child was the driver
applicant's child; or
L1ll. ~ Anv felonv violation of Chapter 790. Florida Statutes. involvino
the use or Dossession of a firearm or allY violation of Subsection 794.011(2), (3),
(4), (5) or (8), Florida Statutes, relating to sexual battery; or
f.11J f-M1 Subsection 794.05, Florida Statutes, relating to unlawful sexual
activity with certain minors; or
.L1il f1.{jf Section 796.03, Fiorida Statutes, related to procuring person
under the age of eighteen (18) for prostitution; or
i12 f%J Section 800.04, Florida Statutes, relating to lewd or lascivious
offenses committed upon or in the presence of persons less than sixteen (16)
years of age; or
!.1ID \4+l 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
i.1Il f%J Section 827.03, relating to child abuse or aggravated child abuse;
or
i..W.Lf-W1 Section 827.04, Florida Statute, relating to contributing to the
delinquency of a child; or
!1ID \2llI 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 perfonnance
by a child unless the driver applicant can prove to the PVAC that the conviction
did not involve the driver applicant directing any such sexual performance; or
17
Underlined text is added; Str""'. T~ra"!l~ text is deleted.
Agenda Item No. 16A18
June 24, 2008
Page 21 of 37
@ \22) Section 847.0133, Florida Statutes, related to knowingly sell, rent,
loan, give away, distribute, transmit or show any obscene material to a minor; or
(22) t231 Section 847.0145, Florida Statutes, relating to transfer, attempt or
assist in any transfer of custody or control of a minor for any therein specified
sexual conduct.
(Gj fsil Exemptions. There shall be no exemotion reaardina anv individual
who has ever been classified as a habitual traffic offender. habitual felonv
offender. habitual violent felonv offender and/or violent career criminai 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 rei eased 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 activities.
\G1 {gj The PVAC may consider evidence offered by others in support of or
in opposition to granting an exemption and driving activity restrictions.
(Gj ill Notwithstanding 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.
(fll9.llf a then approved driver is convicted of any of the aforesaid crimes,
the certificate holder shall not permit the driver to operate any vehicle for hire in
Collier County. In the event that a driver's license is suspended or revoked, or a
driver is convicted of any of the above-listed offenses, regardless of adjudication,
the certificate holder and the driver shall notify staff in writing of the suspension,
revocation or conviction immediately upon the driver or the certificate holder
becoming aware of such conviction. The certificate holder shall maintain a
permanent registry containing information on the identity of each driver permitted
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; Str~sk TRre~~R text is deleted.
Agenda Item No. 16A18
June 24, 2008
Page 22 of 37
ffi1 !!!l "Conviction" applies to Florida and to crimes wnh substantially the
same elements in other jurisdictions covered by the respective criminal history
record check, including milnary 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 constitu1e 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 influence 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 !illY such vehicles for hire services printed or contracted for
after J"ly 21,1991, Januarv 31. 2007 and published in a telephone directory, GF
newspaper, internet. business card. brochure. fiver or other substantialiv similar
advertisement distributed or published in the County shall include the applicable
Collier County certificate number. Each certificate hoider 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",.k nrS"911 text is deleted.
Agenda Item No. 16A18
June 24,2008
Page 23 of 37
to transport any person with knowledge or reasonable cause to believe that the
purpose of such transporting is for the purpose of prosmution 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, ieased
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 hire, including sub.contracted
vehicle for hire, shall operate under any county certificate uniess that vehicle is
displaying a current coior coded vehicle decal permanently affixed to the left
ifl&ide outside bollom corner of the WiA~sAiel~ rear window and on the !QP.
outside rioht corner of the front windshield loft sias ef the resr b~m~er. 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 iegitimate
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 suppiying staff with wrillen 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 reiated full certificate. The application fee and the renewal fee
shall be one.half the then appiicable 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 PVAC to
grant or deny a sub-certificate are final. Suspension or termination of a full
certificate shall automatically suspend or terminate every sub-certificate issued
under the respective full certificate unless expressly decided otherwise by the
20
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Agenda Item No. 16A 18
June 24, 2008
Page 24 of 37
PVAC for good cause in the specific case. The PVAC may from time-to-time
enact resolutions to adopt rules applicable to sub-certificates provided no such
rule conflicts with this article. Throughout this article, references to a "certificate"
shall include each related "sub-certificate" unless that construction would lead to
an absurd result.
Sec. 142-52. Application for certificate to operate,
(a) An application for certificate shall be filed with the PVAC on forms
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 entities holding a ten
percent Dr 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 teiephone 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 "taxi" or "cab" or "taxicab"
in its name unless it 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 far 21)06 or prerequisite to transfer its certificate or
permit priar ta that time. The preceding sentence shall not apply only to the two
currently PVAC certificated vehicle for hire businesses that had "taxi," "cab" Dr
"taxicab" in their trade name as of December 11, 2002. Eaeh pereen or oRtity
plaRRiRij la aparate ~R~er a fj.litia~s Rame shall alta.A ta tAe applieati.R a
notarizes e.py .f Ihe RB'I/Spaper Rstiss p~l3lis"es iR aesar<laRee witA ..8. ~
~
21
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Agenda Item No. 16A 18
June 24, 2008
Page 25 of 37
(7) The name, color scheme, and monogram or insignia to be used to
designate the taxi or taxicabs of the applicant. An applicant for taxicab
certification shall also submit a coiored sketch andlor photograph of the vehicle
color scheme, lettering, monogram andlor insignia. A colored sketch andlor
photograph 8f the FRsRs~ra~h of the monogram or Insignia, iettering size wrth the
color scheme of the lettering, vehicle coior scheme, and top light design which
shall conform to reguiations issued by this article. The coior 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 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)
andlor terminal(s).
(10) If operating under a fictitious name, attach proof that said name has
been reoistered with the State of Florida a nstarizsEl ss"y sf "rssf af aEl',eFlisinij
to the a~"lisatian in asso,danse with !;eslisR 86..91l, !"fsrida 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 insurable 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) ^ sshea~ie sf "rs~sseEl farss, ratos, anEl/ar sllarfles sthsr than laxi
meterea rate6 (at tile thsn a,,~lisalllo rates as s~esified "UFBuant to /\rlisle).
~!.1lJ. 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.
~ Ul.l 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 instrtution 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
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Agenda Item No. 16A 18
June 24, 2008
Page 26 of 37
f4.ej LM1 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. Aoolicant shall also sian and submit a criminal
historv/backoround verification reouest form orovided to the aoolicant bv staff.
~ @ The name of all managers.
f+7J llill Application must be accompanied 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 relevant information regarding an Applicant's qualifications to
provide transportation services. If the PVAC finds that after review of the
application, public comment, if any, and relevant information, the Applicant is fit
to provide transportation services and conforms to the provisions of this article,
then the County Manager shall issue a certificate to operate stating the name of
the Applicant. If the PVAC determines that the Appiicant 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 substance6 as defined by Section 893.03, Florida Statutes,
called the Florida Rico Act; also exposure of the sexual organs aflEI 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
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Agenda Item No. 16A18
June 24, 2008
Page 27 of 37
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 staffs 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 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,
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 vehicies for hire may be operated from a residence as a
home occupation and such vehicie(s) shall not come and go from the residence6
so that the trips exceed nonnal residential vehicie traffic. All vehicle(s) for hire
that are operated from the respective home occupationally licensed residence
24
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Agenda Item No. 16A 18
June 24, 2008
Page 28 of 37
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 impiy or represent the necessary amount of coverage for any vehicie
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 !allisatl vehicle for hire owned by, leased to, or
otherwise controlled by operating company equal to or greater than $199,Q99.99
$125000 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 property 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 property 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 includina 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 wijh 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
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Agenda Item No. 16A18
June 24, 2008
Page 29 of 37
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 addnional
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
oermitted vehicle!s) for hire islare removed from the then aDDlicable insurance
coveraoe andlor when one or more Dermitted vehicle!as) islare transferred to
insurance coveraoe from one insurance Dolicv to another insurance Dolicv.
andlor when anv reouired insurance is no lonoer 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
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Agenda Item No. 16A 18
June 24, 2008
Page 30 of 37
the following documents are required upon submission of each request for
vehicle permrt:
(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 vehicie 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 wrth.
(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 vaiid occupational license for the permit
year. If the applicant is required to have a Collier County occupational license (or
licenses) pursuant to the Collier County Occupational License Tax Ordinance,
such Collier County license(s) shall be presented to staff, otherwise a then active
occupational license from one adjacent Florida County or from one municipal
corporation within an adjacent Florida County must be presented to staff. The
prescribed fee shall be as established by resolution 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
permitted period, the certificate holder shall remove the vehicle decal and
thereby destroy the decal. The certificate holder shall be responsible for notifying
the County Manager in writing within ten calendar days of any then currently valid
vehicle decal destroyed or removed from a vehicle. Vehicle permits shall be
27
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Agenda Item No. 16A18
June 24, 2008
Page 31 of 37
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~~lisatieAs fer
applications for issuance of original certificates or renewals.
(I) 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 ~Aeier this ~ro""eleA 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
ohvsical safety of any ~erseA(s) individual, or there 6llist& ~ 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 hearlng thereon as soon as practical. The PVAC may
sustain, modify in whole or in part, or reverse staff's suspension. In all other
instances the certificate iss~eei ~Aeier tAis ~re',isiaA ef thi6 aFtisle may be revoked
or susoended onlv by the P\IAG enforcement board or Soecial Master and onlv
after hearing if the holder thereof Ras:
(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
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Agenda Item No. 16A 18
June 24, 2008
Page 32 of 37
(3) Has Qeen convicted and found guilty, regardless of adjudication, of a
crime listed in 6<lbSection 142-37tbJ or in subsection 142-53(a) of this
articie or has ever been class~ied as a habitual traffic offender. habitual
felonv offender. habitual vicious felonv offender or violent career criminal
pursuant to anv Federal Law Florida Statute or substantiallv similar
statute of any 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) Knowingly permitted any vehicle for hire to be operated as a vehicle
for hire in violation of any law or this article.
(b) Revocations. No certificate shall be revoked except after a public
hearing by the PVAG enforcement board or Soecial Master bv aoolvina this
Article. The certificate holder may appeal (bv certiorari) te tRe PV^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
summary suspension period or revocation. A hearing before the PVAG
enforcement board or 50ecial Master on suspension or revocation shall take
place at a regularly scheduled meeting or special meeting of the PVAG the
administrative forum. After revocation of a certificate, no application for
certificate submitted by an owner, officer or director of the certificate holder being
revoked shall be accepted or considered for a period of twelve {121 months from
the date of the revocation if the prior certificate holder is elioible to be issued
another certificate.
IC). Aooeal to PVAC of Staff Denial of Driver's ID. Refusai bv staff to
issue or renew an aoolied-for a driver's ID mav be aooealed in writina to the
PVAC. The aooeal shall be limited to aooellant's arauments that the refusal was
not authorized bv the suooortina facts aoplied to this Article. The PVAC cannot
reverse the refusal if the deniai was authorized bv aoolvina the underlvina 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, Dr although 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 only 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 particularity which section(s) of this articie, other applicable
29
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Agenda Item No. 16A18
June 24,2008
Page 33 of 37
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 determine whether the facts as known warrant filing
formal charges or issuance of a written notice of violation to the alleged violator.
If such action is warranted, the Code Enforcement Department shall refer the
case to the Code Enforcement Board DepaFlment 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 not~ 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, All 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
yiolation of this Article that must cease, or is a vioiation 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 vioiation(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.
(I) Mandatory Fines for Specific Violations of this Article.
!11 Added Fines. If wRhin tAFae A~mlFe'" ana silE!)' live (JG.) aays of any
'/isla!isn of this Artisle, the same violator commits a separate in time second
violation of the same or lID}: other provision of this Article, the added fine shall be
two hundred and fifty dollars ($250). If \\'itAiR tAr<le h~narea ana sillty five (3G.)
aays sf any sasen'" vislation sf tAis AFtisle BY tAe same 'lis later, the violator
30
Underlined text is added; Str~sl< Thre~ijA text is deleted.
Agenda Item No. 16A 18
June 24, 2008
Page 34 of 37
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... five hundred dollars
!$4G9) ($500), "Added fine" means the otherwise aoolicable fines for the
violation plus the added fine. .^Jter AeaFinij eA any S~SA In addition. a third (or
more) violation by the seFti~oate Aolaer 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 ($100l 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) calendar days.
121. Insurance Reauirement Violation. ~ fivo A~naFea aellar ($590) one
thousand dollar ($1000) fine shall apply to each violation of Section 142-54 of
this Article (the minimum insurance requirements).
(3). No Valid PVAC Issued Certificate to Ooerate. A five A~Aama aellar
t$&QOj one thousand dollar ($1000l fine shall apply when an individual operates
a vehicle in vehicle for hire service while not AaviAij BeeR iss~ea ooeratino the
yehicle for hire oursuant to a then effective PVAC certificate to operate; and said
vieIaleF individual shall not be eligible to be iss~ea a PV!\C eertifisate te eperate
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$1.000l for
a second seoarate in time violation. and such violator shall not be issued a PVAC
driver's ID for 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 ($2.000l fine and shall render that
Individual forever barred to be issued a PVAC driver's ID for tAroe AURarea ana
siJEly five (JIl5) aays after tAe last aale of S~SR '/ielatioR.
(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 permit that
authorizes all such driving shall pay a ~ve A~narea ($600) one thousand dollar
{$1000l fine for a first violation. The fine for a second seoarate in time violation of
this orovision shall be two thousand dollars ($2000l and the violator shall flG!
~ be issued a PVAC dFiver's ID ~Rtil tAree A~Rarea aRa siJEly five (JIl5) aays
after IAe aate S~SA iAaivia~al Beoomes aUIAerizoa BY AislAer FloFiaa epemter's
perTAit to oper<lle tAe applisaBle \'ehisle(s) fer AiFe iR tAe reGpeGtive vehisle for Aire
sarvises.
(6). Certificate Hoider's Failure to Notlfv Staff When Driver Becomes
Disaualified. The entity certificate holder must notify the County's code
enforcement staff in wrilina 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; Stcusk TArouijA text is deleted.
Agenda Item No. 16A18
June 24, 2008
Page 35 of 37
employee of that entity becomes aware of the driver's disaualification. The fines
for a first failure to notify violation shall be twenty-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 entity certificate holder
within anv five (5) vear oeriod can also result in susoension of that entitv's
certificate to ooerate for uo to thirtv (30l bv a code enforcement board. soecial
master. or court.
(7). Driver's Surrender of ID and Cert~icate Uoon Disaualification of
Authorized Driver. A vehicle for hire driver who is convicted of a disoualifvino
crime. or is disaualified bv a disaualifvina determination !that causes that PVAC
cert~icate 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
disoualification. 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 reouired 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 surrenderina that certificate. Also the
driver shall not be issued a PVAC issued ID and/or certificate until five (5) years
followina the date of the actuai 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!lill 9lltd1, above, with regard to the
superiority of specified mandatorv 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 not~ 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 tAe iAGUranSe
issuance of a vehicle for hire occupalionallicense is required prior to approval of
a renewal cert~icate, and such certificate shall only be issued when the holder
32
Underlined text is added; Str"Gk TAre~ijA text is deleted.
Agenda Item No. 16A18
June 24,2008
Page 36 of 37
thereof has paid the annual occupational license fee as then set forth in the
county's occupational license fee schedule. Failure to pay the annual
occupational license fee shall result in automatic expiration of the certificate.
Expiration of a certificate shall require a new application for a certificate pursuant
to the provisions of this artlcie.
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 appropnate in the specific instance.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion
of this Ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part ot the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accompiish that result, and the word "Ordinance" may be changed to
"Section," "Article," 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 Coilier Counly, Florida this d day of b....c.ember ,2006.
ATTES:{:('J '" BOARD OF COUNTY COMMISSIONERS,
DW~~.^~K' Clerr~k " COLLlER_C~N~~
~ '.' By:'::::C: _,-....- ../
. ').~...R~t;c~,...,. I FRANK HALAS, Chairman
ll,.atin',lal,.
Approved',,;; to form and legal sufficiency
~w'- rJ~
Thomas C. Palmer,
Assistant County Attomey
33
Underlined text is added; Str~sl\ Thre~ijh text is deleted.
Thi_~ crc1L"'ann ';'."' \\:Ih the
Se::reto;y 01 )1,.;:._';, C':.i;.~" ,ir
2.Z..doy of ~_, _'2<J::(p
and ackn:~wied(;ement of fh':.:1
filing received this ~ day
Of~~
11"/<> In.uJJAL..
~"itY[_
Agenda Item No. 16A18
June 24, 2008
Page 37 of 37
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,
. '-'IF r~3 .. '
DWI GHT E. BF,G.cK.. """" . .
Clerk of Co~rt~~ndClftrk
Ex-officiotciJ;loard.of'. .'
._. t.-" -'," ~ .'
_ ~o,unty r1\I1l:l.S~lon~r:":':i
~L~ J;~c ,~E~k
By: Teresa Dilia~d, .
Deputy Clerk.