CE-Intersection Safety Orders 09/23/2009
Code Enforcement -
Intersection Safety
Orders
September 23, 2009
.... Collier County Intersection Safety Program
Processing Center
PO Box 59995
Phoenix, AZ 85076-9995
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
SCOTT ALAN TURNER
200 FOX DEN CIR
NAPLES, FL 34104-4963
DETERMINATION:
REASON:
,AMOUNT DUE:
VIOLATION FOUND
GENERAL DENIAL
$175.00
NOTICE 'II: 1360900000099 PIN 'II: 9713
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VB,
SCOTT ALAN TURNER
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on 09/2312009, and the Special Magistrate, having heard argument respective
to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows:
FINDINGS OF FACT
1. The citation was issued by the Collier County Sherriffs Office and is being contested by the Respondent, SCOTT ALAN TURNER,
2. Respondent is charged with violating the Collier County Ordinance 08-22 which prohibits Red Light Infractions (Failure to Stop at a Red Light).
3. Respondent violated the ordinance by proceeding into an intersection when the traffic control signal for that vehicle's diraction of travel was
emitting a steady red signal.
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Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Collier County Ordinance 08-22, it is
heraby ORDERED:
A. Respondent is guilty of violating the Collier County Ordinance 08-22 by proceeding into an intersection when the traffic control signal for the
direction of travel was emitting a steady rad signal.
B. Respondent shall pay a fine of $125.00 on or before 10/15/2009.
C. Respondent shall pay the operational costs incurred in the amount of $50.00 on or before 10/15/2009.
DONE AND ORDERED 09/23/2009 at Collier County, Florida.
COlliER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE
~~,~~
BRENDA C. GARRETSON
liEN RIGHTS: This order may be recorded in the Public Records of Collier County, After three (3) months from the filing of any such lien or civil claim
which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the
event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County.
APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution
of the Order appealed. An appeal. shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original
hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not
automatically stay the execution of the Order.
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cc. Respondent- SCOTT ALAN TURNER
Collier Co. Code Enforcement Dept.
CD.. Collier County Intersection Safety Program
Processing Center
PO Box 59995
Phoenix, AZ 85076-9995
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
MARJORIE ANN BURNHAM
318 SUGAR PINE LN
NAPLES, FL 34108-2566
DETERMINATION:
REASON:
AMOUNT DUE:
VIOLATION FOUND
GENERAL DENIAL
$175.00
NOTICE 'II: 1360900003176 PIN 'II: 6671
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VB,
MARJORIE ANN BURNHAM
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on 09/2312009, and the Special Magistrate, having heard argument respective
to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows:
FINDINGS OF FACT
1. The citation was issued by the Collier County Sherriffs Office and is being contested by the Respondent, MARJORIE ANN BURNHAM,
2. Respondent is charged with violating the Collier County Ordinance 08-22 which prohibits Red Light Infractions (Failure to Stop at a Red Light).
3. Respondent violated the ordinance by proceeding into an intersection when the traffic control signal for that vehicle's direction of travel was
emitting a steady red signal.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Collier County Ordinance 08-22, it is
hereby ORDERED:
A. Respondent is guilty of violating the Collier County Ordinance 08-22 by proceeding into an intersection when the traffic control signal for the
direction of travel was emitting a steady red signal.
B. Respondent shall pay a fine of $125.00 on or before 10/15/2009.
C. Respondent shall pay the operational costs incurred in the amount of $50.00 on or before 10/15/2009.
DONE AND ORDERED 09/23/2009 at Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE
~~,~~
BRENDA C. GARRETSON
LIEN RIGHTS: This order may be recorded in the Public Records' of Collier County, After three (3) months from the filing of any such lien or civil claim
which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the
event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County.
APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution
of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original
hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not
automatically stay the execution of the Order. :stat13 01 fLORtlil\
.:oumy of COLLIER
ce. Respondent- MARJORIE ANN BURNHAM
CoLier Co. Code Enforcement Dept.
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CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
SPECIAL MAGISTRATE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
Case Nos. -
CO-00194 - CEVFH-2008-0007574
CO-00192 - CEVFH -2008-0007320
CO-00193 - CEVFH -2008-0007285
CO-00197 - CEVFH -2008-0008631
vs.
CLEAN RIDE LIMO, INC.,
Respondent.
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
Case No. -
CO-00195 - CEVFH-2008-0007692
vs.
BOBBY D. CALVERT,
Respondent.
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
Case No. -
CO-00196 - CEVFH-2008-0007684
vs.
NEIL WALMSLEY,
Respondent.
/
ORDER OF THE SPECIAL MAGISTRATE
THESE CASES are pending before the Special Magistrate and have been taken advisement
due to legal issues raised by the Respondents regarding the interpretation of those provisions of
the Code of Laws & Ordinances with which they are charged. Attorney P. Brandon Perkins
appeared at the hearing on these matters and filed briefs on behalf of the Respondents, Clean
Ride Limo, Inc., Bobby D. Calvert and Neil Walmsley. Assistant County Attorneys, Marjorie
Student-Stirling and Jeffrey Wright, appeared at the hearing on these matters and filed a brief on
behalf of the Petitioner, Board of County Commissioners of Collier County, Florida. All briefs
submitted by the parties have been considered and the Special Magistrate finds as follows:
ISSUES:
I. Whether the provisions of Collier County's Vehicle for Hire Ordinance are in conflict
with any Florida Statutes?
II. Whether Florida Statutes, Section 322.41, is a prohibition against imposition of the
requirements of Collier County's Vehicle for Hire Ordinance as a condition to
operating a vehicle for hire business in Collier County and exempts Clean Ride Limo
and its employees from the requirements of Collier County's Vehicle for Hire
Ordinance No. 2006-59 by virtue of the company's drivers holding a commercial
driver's license?
III. Whether Clean Ride Limo's registration with the FDOT is equivalent to a "license"
which, pursuant to Section 142-28(b) of the Collier County Code of Laws and
Ordinances, would exempt Clean Ride from the requirements of Collier County's
Vehicle for Hire Ordinance No. 2006-59?
IV. Whether Clean Ride Limo is in violation of the Collier County Vehicle for Hire
Ordinance?
FINDINGS OF FACT:
1. Respondent, CLEAN RIDE LIMO, INC, (hereinafter CLEAN RIDE), was charged with
a) Violation of Collier County Code of Laws and Ordinances, Chapter 142, Sections
142-33 (1), 142-34 and 142-37 (B), allowing an employee to operate a vehicle for hire
making passenger pick-up in Collier County without first obtaining a Driver ID
issued by Collier County Code Enforcement; and
b) Three violations of Collier County Code of Laws and Ordinances, Chapter 142,
Sections 142-51(A) and142-58(F)(4), operating a vehicle for hire making passenger
pickup in Collier County without a valid PV AC issued Certificate to Operate a
passenger transport business.
2. Respondent, BOBBY D. CALVERT (hereinafter CALVERT), was charged with violation of
Collier County Code of Laws and Ordinances, Chapter 142, Sections 142-33(1), 142-37(B)
and 142-58(F)(4), operating a vehicle for hire making passenger pickup in Collier County
without first obtaining a Driver ID issued by Collier County Code Enforcement.
3. Respondent, NEIL WALMSLEY (hereinafter WALMSLEY), was charged with violation of
Collier County Code of Laws and Ordinances, Chapter 142, Sections 142-33(J), 142-37(B)
and 142-58(F)(4), operating a vehicle for hire making passenger pickup in Collier County
without first obtaining a Driver ID issued by Collier County Code Enforcement.
2
4. Respondent, CLEAN RIDE, does not dispute that its' employees have been allowed to pick
up passengers in Collier County in vehicles owned by CLEAN RIDE without a Driver ID
issued by Collier County Code Enforcement and that it does not have a PV AC issued
Certificate to Operate a passenger transport business,
5. Respondents, CALVERT and WALMSLEY, do not dispute that they have they have picked
up passengers in Collier County, and that they have not obtained a Collier County Driver ID
in violation of the above cited ordinance sections.
6. Respondents, CALVERT and WALMSLEY, both hold Commercial Driver's Licenses and
are employees of and drivers for CLEAN RIDE,
7. Respondent, CLEAN RIDE, has been assigned a DOT number and such number was affixed
to the vehicles driven by CLEAN RIDE'S employees at the time of the issuance of the
citations.
CONCLUSIONS OF LAW:
I. Whether the provisions of Collier County's Vehicle for Hire Ordinance are in
conflict with any Florida Statutues? No: the provisions are not in conflict.
The Collier County Vehicle for Hire Ordinance was enacted for the protection
of Collier County citizens' safety and welfare. Collier County has determined that certain
standards must be met in order to grant the privilege of operating a vehicle for hire business on
the roads of Collier County. These provisions include, but are not limited to, requirements such
as 1) confirmation that liability insurance is current and the coverage is sufficient, 2) criminal
background checks for drivers and 3) minimum vehicle standards. (See Collier County Vehicle
for Hire Ordinance Sections 142-32, 142-37 and 142-54). The County's establishment of such
standards is a valid exercise of its police powers.
However, such components of these standards may not stand if they are in
conflict with state statutes. One such statute is Section 125.581, Florida Statutes, which states
that an ordinance that regulates a business, profession or occupation by requiring background
screening is not prohibited, provided that such regulation:
a. is not preempted to the state or is not otherwise prohibited by law;
b. is a valid exercise of the police power;
c. is narrowly designed to offer the protection sought by the county
or municipality; and
d. does not unfalirly discriminate against any class of individuals.
The County Ordinance, by requiring Clean Ride Limo to obtain certification
to operate in Collier County, is not in conflict with Florida Statutes. In City of Miami, et al. v.
3
Metropolitan Dade County, et aI., 407 S02d 243 (Fla. 3d DCA 1981), the court cited Jordan
Chapel FreeWill Baptist Church v. Dade County, 334 So.2d 661 (Fla. 3d DCA 1976), which
held:
The sole test of conflict ... is the impossibility of co-existence of
two laws. Courts are therefore concerned with whether compliance
with a County ordinance requires a violation of a state statute or
renders compliance with a state statute impossible. 334 So.2d at 664.
In an earlier case dealing with a City Charter governing the issuance of a
certificate to plumbers, the Supreme Court of Florida found the provisions of the local governing
body did not exceed the powers granted by the legislature and that the ordinance dealt with the
welfare of the city, setting up a system equally as effective as the requirements of the statute,
which did not place it in conflict with the state statute. Atwater et al. v. City of Sarasota et aI.,
38 So.2d 681 (Fla. 1949).
The ordinance governing the operation of vehicles for hire in Collier County
is specifically for the protection of the citizens of Collier County and the requirements for
issuance of a driver ID and a PV AC Certificate to Operate are a valid exercise of the County's
police powers to insure that when its citizens travel in vehicles for hire, they are traveling in a
vehicle that does not pose a danger to them, with professionals who do not pose a threat to their
personal safety and who can properly operate the vehicle for the purpose it is hired.
No conflict is found to exist between the requirements for certification
pursuant to Collier County's Vehicle for Hire Ordinance and any state statute, The Ordinance
can easily co-exist with state statutes without causing the impossibility of compliance with the
state statute and without being in violation of the statutes,
II. Whether Florida Statutes, Section 322.41, is a prohibition against imposition of the
requirements of Collier County's Vehiclefor Hire Ordinance as a condition to operating a
vehicle for hire business in Collier County and exempts Clean Ride Limo and its employees
from the requirements of Collier County's Vehiclefor Hire Ordinance No. 2006-59 by virtue
of the company's drivers holding a commercial driver's license? No: the ordinance regulates
the operation of a vehicle for hire business in Collier County and by extension, its' employees.
The ordinance's requirement that employees of a vehicle for hire business obtain ID cards is not
preempted by the state statute nor is it in conflict with or violation of the statute.
The driver's ID called for by the ordinance is not a "license" as is defined and
prohibited by Florida Statute, Section 322.41, but instead is an identifier, connecting that driver
to the company which holds a valid Certificate to Operate. Collier County's Vehicle for Hire
Ordinance specifically requires in Section 142-37 the following:
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
4
license must authorize all types of driving being conducted by
the respective driver.
The provisions of the Ordinance, rather than being in conflict with Section 322.41,
instead support the state's authority to grant licenses for the privilege to drive and by its
requirement for a Drivers' ID, the Ordinance does not attempt to usurp or compete with that
authority. By definition in the Ordinance, a driver is described specifically as follows:
"Driver" means any individual in actual possession of a
County issued Identification card, and a valid driver's
license (operator's permit) that authorizes all
respective driving privileges) and who is then employed,
or permitted by a certificate holder, to drive or operate a
permitted vehicle upon the streets of the County pursuant
to this article. (Emphasis supplied).
By using the conjunctive "and", the County's Ordinance confirms that the only
"license" for driving referred to in this Ordinance is a state driver's license which is current and
valid, which must be issued by the state and which must accompany the Drivers' ID issued by
the County in order to operate a "vehicle for hire" business. The Ordinance language defers to
the state's authority to issue drivers' licenses and does not require that the Respondents obtain a
local "license" to exercise the driving privilege.
Respondent's exemption argument based on the possession of a commercial license is
not applicable to CLEAN RIDE, which as a corporation would not hold a commercial license.
The Certificate to Operate that CLEAN RIDE is required to obtain to operate its' business does
not address the privilege to drive in Collier County, but rather authorizes a company to operate a
motor vehicle for hire business in the County.
The Ordinance does not address the privilege to drive a vehicle in the state of Florida
or on the streets and roads of Collier County, when requiring a Drivers' ID. Since a vehicle for
hire company must have a certificate to operate, a method of connecting the driver/employees to
the company they work for is necessary to the system to work and the ID serves as that identifier,
which is not in conflict with Florida Statutes, Section 322.41.
III. Whether Clean Ride Limo's registration with the FDOT is equivalent to a "license"
which, pursuant to Section 142-28(b) of the Collier County Code of Laws and Ordinances,
would exempt Clean Ride and its employeesfrom the requirements of Collier County's Vehicle
for Hire Ordinance No. 2006-59? No; the registration does have the accoutrements of a license,
but merely is an identifying tool.
The Federal Motor Carrier Safety Administration has described the USDOT
number issued by the federal government as follows:
The USDOT Number serves as a unique identifier when
collecting and monitoring a company's safety information
5
acquired during audits, compliance reviews, crash
investigations, and inspections. (See Petitioner's Argument
In Support of County Position, Exhibit A, filed herein).
This "identifier" does not address, for instance, the County's requirement of a
criminal background check of drivers, a valid health, safety and welfare issue in which the
county has an interest. Additionally, the issuance of such an "identifier" from the USDOT is
directed more specifically to the registration of the vehicles than to the qualifications of the
company which is operating a "vehicle for hire" business and which company is required by the
county ordinance to have a Certificate to Operate. This argument by Respondents does not apply
to the citations issued against the drivers since the USDOT registration number is unique and
affixed to the vehicles operated by the company.
IV. Whether Respondents are in violation of the Collier County Vehiclefor Hire
Ordinance? Yes; Respondents have failed to comply with the requirements of Collier County's
Ordinance and are all in violation.
Clean Ride Limo, rnc, is in violation of the Collier County Vehicle for Hire
Ordinance for operating a vehicle for hire business making passenger pickup in Collier County
without a valid PV AC issued Certificate to Operate a passenger transport business and allowing
an employee to operate a vehicle for hire making passenger pick-up in Collier County without
first obtaining a Driver ID issued by Collier County Code Enforcement. Bobby D. Calvert and
Neil Walmsely are in violation of the Collier County Vehicle for Hire Ordinance for operating a
vehicle for hire making passenger pickup in Collier County without first obtaining a driver ID
issued by Collier County Code Enforcement.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the
authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is
hereby ORDERED:
A.
Respondent, CLEAN RIDE, is found guilty of violation of:
1) Collier County Code of Laws and Ordinances, Chapter 142, Section 142-37 (B),
allowing an employee to operate a vehicle for hire making passenger pick-up in Collier County
without first obtaining a Driver ID issued by Collier County Code Enforcement; and
2) Three violations of Collier County Code of Laws and Ordinances, Chapter 142,
Sections 142-51(A) andI42-58(F)(4), operating a vehicle for hire making passenger pickup in
Collier County without a valid PV AC issued Certificate to Operate a passenger transport
business.
6
B. Respondents, CALVERT and WALMSLEY, are found guilty of violation of
Collier County Code of Laws and Ordinances, Chapter 142, Sections 142-33(1), 142-37(B) and
142-58(F)(4), operating a vehicle for hire making passenger pickup in Collier County without
first obtaining a Driver ID issued by Collier County Code Enforcement.
C. Respondent, CLEAN RIDE, shall pay a total of $2000 in fines for all
violations, pay an administrative fee of $5 and pay operational costs of $100 incurred by the
Code Enforcement Department during the prosecution of this case on or before October 18,
2009.
D. Respondent, CALVERT, shall pay a fine of $500, pay an administrative fee of
$5 and pay operational costs of $50 incurred by the Code Enforcement Department during the
prosecution of this case on or before October 18, 2009.
E. Respondent, WALMSLEY, shall pay a fine of $500, pay an administrative fee
of $5 and pay operational costs of $50 incurred by the Code Enforcement Department during the
prosecution of this case on or before October 18, 2009.
DONE AND ORDERED this {~ day of ~e.VV\. ~
Naples, Collier County, Florida.
, 2009 at
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #(239) 252-
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
LIEN RIGHTS: This order may be recorded in the Public Records of Collier County and may become a
lien on your real and personal property. After three (3) months from the filing of any such lien or civil
claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on
the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a
collections agency, the Violator will be responsible for those costs incurred by Collier County.
,
7
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within. It is the responsibility of the
appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal
will not automatically stay the Special Magistrate's Order.
cc: Respondents-
P. Brandon Perkins, Esq.
Attorney for Respondents
Petitioner -
Jeffrey Wright, Esq., Assistant County Attorney
Collier Co. Code Enforcement Dept.
8