Agenda 05/26/2009 Item #17E
Agenda Item t\]o, 17E
rv'iay 26, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an ordinance
deregulating taxicab and charter service rates, establishing a Consumer Advisory Board,
providing guidelines for obtaining vehicle for hire licenses, establishing penalties for non-
compliance, removing industry protectionism, and thereby condensing the Public Vehicle
for Hire Ordinance provisions, consistent with the Board of County Commissioners'
previous direction
OBJECTIVE: That the Board of County Commissioners (Board) approve an ordinance
deregulating taxicab and charter service rates, establishing a Consumer Advisory Board,
providing guidelines for obtaining vehicle for hire licenses, establishing penalties for non-
compliance, removing industry protectionism, and thereby condensing the Public Vehicle for
Hire Ordinance provisions, consistent with Boards' previous direction.
CONSIDERA TIONS: On November 18, 2008, Item #1 OL, the Board directed staff to remove
all industry protectionism and condense the length of the County's Public Vehicle for Hire
Ordinance, Number 2006-59, as amended, promoting regulation through effective competition
and efficient licensing standards, while continuing to protect the health, safety and welfare of the
public served by this industry,
On March 10, 2009, Item #IOC, the Board unanimously directed the County Manager and the
County Attorney to advertise and return for Board consideration, the attached Public Vehicle for
Hire Ordinance, which includes those changes specified by the Board,
FISCAL IMPACT: It is not the intent of the ordinance to change the rcvenue stream generated
by fines associated with vehicle for hire violations. This ordinance provides for a condensed
standardization of fines, and therefore, any impacts on the overall revenue is estimated to be
minimal.
LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County
Attorney's Office and is sufficient for Board action, This item is not quasi-judicial, and as such,
ex parte disclosure is not required. This mattcr requires a majority vote only. -STW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board approve the attached ordinance; deregulating taxicab
and charter service rates, establishing a Consumer Advisory Board, providing guidelines for
obtaining vehicle for hire licenses, establishing penalties for non-compliance, removing industry
protectionism, and thereby condensing the Public Vehicle for l-lire Ordinance provisions,
consistent with Boards' previous direction.
PREPARED BY: James French, Operations Manager, Community Development and
Environmental Services
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Agenda Item No. 17E
May 26, 2009
Page 2 of 8
ORDINANCE NO. 2009-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA TO BE KNOWN AS
THE COLLIER COUNTY PUBLIC VEHICLE FOR HIRE ORDINANCE;
PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY;
CREATING A PUBLIC VEHICLE BOARD; CREATING A CONSUMER
ADVISORY BOARD; PROVIDING FOR COLLIER COUNTY VEHICLE FOR
HIRE LICENSE REQUIREMENTS; PROVIDING FOR THE RE1'-.rEW,AL OF
VEHICLE FOR HIRE LICENSES; PROVIDING FOR THE ESTABLISHMENT
OF MAXIMUM VEHICLE FOR HIRE RATES; ESTABLISHING PENALTIES;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR THE REPEAL OF ORDINANCES 95-66, AS AMENDED
AND 01-75, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WI-IEREAS, the Board of County Commissioners, pursuant to section 125.01(1)(n),
Florida Statutes, possesses the statutory authority to license and regulate vehicles for hire that
lawfully operate from within Collier County; and
WHEREAS, it is the desire of the Collier County Board of County Commissioners to revise
the procedures by which vehicles for hire are licensed in Collier County; and
WI-IEREAS, the Board of County Commissioners desires to provide for the regulation of
vehicles for hire within Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
DEFINITIONS
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning.
"Charter Service Vehic1e" means any motorized chauffer-driven vehicle that is engaged in
prearranged transportation and the rates for which transportation are based upon predetermined
hourly, daily, weekly, monthly or door-to-door price,
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item N::l. 17E
f\1ay 26, 2009
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"Motor Vehicle for Hire" means any motor vehicle operated by a third party driver engaged in the
transportation of persons upon the streets of the county with the intent to receive compensation for
providing such transportation.
"Taxicab" means a motor vehicle equipped with a top light, designed to accommodate not more than
eight passengers, excluding the driver, which is operated for compensation based upon rates reflected
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"Public Vehicle Board" means the Collier County Board of County Commissioners sitting as the
Public Vehicle Board.
SECTION TWO:
APPLICABILITY
The provisions of this article shall be applicable to and effective in all now existing or future
incorporated areas and in all unincorporated areas of the county, This article is intended, and shall
be construed, as a direct regulatory measure uniform in application throughout the county. No
license or permit issued pursuant to this article shall be construed as a grant to authorize the license
or permit holder to engage in any business at any airport on any county or municipal property or
operated by the county or hy any municipality. Nothing in this article shall affect any ordinance of
any murlicipality.
SECTION THREE: REGT.JLATION
The Board of County Commissioners shall have the right to license and regulate taxis, jitneys and
limousines for hire. These regulations shall be implemented via Resolution ofthe Board of County
Comrnissioners. . An adIninistrative marma! shall be created atld approved via Resolution of the
Board of County Commissioners for the licensing and regulation of motor vehicles for hire in Collier
County. The administrative manual is to be incorporated herein by reference and is made a part
hereof. Changes may be made to the manual by resolutions adopted by the Board of County
Commissioners. The manual shall be utilized by County staff in the issuance of Collier County
licenses.
SECTION FOUR:
CONSUMER ADVISORY BOARD
(a) A Consumer Advisory Board (CAB) is hereby established for the purpose of hearing any
appeals from adverse administrative decisions regarding a public vehicle license permit. The
CAB is established for the purpose of hearing all public consumer issues.
(b) The CAB shall adopt a vehicle safety standard form for all motor vehicles for hire.
(c) The CAB shall consist of five (5) members appointed by the Board of County
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[\,1ay 26, 2009
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Commissioners. Terms of office shall be for four years and shall be staggered. Meeting
attendance shall comply with the provisions of Ordinance 2001-55, as amended. No member
of the CAB shall be a current motor vehicle for hire owner or operator, nor shall they be a
family member of the same household of a current motor vehicle for hire owner or operator.
A Chairman and a Vice-Chairman shall be elected by the CAB annually. Adverse decisions
ofthe CAB may be appealed, within thirty (30) days, to the Board of County Commissioners.
SECTION FIVE:
COLLIER COUNTY LICENSE REQUIREMENTS
(a) Each driver ofa motor vehicle for hire must hold a current and valid driver's license issued
by the State of Florida. The Florida driver's license must authorize all types of driving being
conducted by the driver. All motor vehicles for hire in Collier County must have a Collier
County license. All motor vehicle for hire operators must also have a Collier County license
to operate.
(b) All applicants for either or both Collier County licenses must list all felony and misdemeanor
convictions within the past ten (10) years, A murder conviction in the past twenty (20) years
is a basis for denial of a county license. Any previous driver's license suspension is a basis
for denial of a Collier County license.
(c) County staff is responsible for requesting criminal history record checks on all applicants.
The information supplied to staff in response to a criminal history record check shall assist in
determining the applicant's eligibility to operate a vehicle for hire under this article.
Criminal history record checks shall be performed on all persons with an interest in the
application, The minimum fee charged for a criminal background check shall be adopted by
the Public Ver.icle Board via resolution. In the event that the backgrolli"1d check fee charged
to the county exceeds the minimum fee established by the county, the applicant(s) shall be
responsible for the actual cost of the search.
(d) If, as a result of either the criminal history record check or the applicant's disclosure, one or
more of the following are discovered, the applicant shall be denied a permit.
(1) Conviction in the past five years of a felony;
(2) Conviction within the past three years of any crime involving the sale or possession
of controlled substances as defined by Section 893.03, Florida Statutes, or the RlCO
Act, Chapter 895 Florida Statutes;
(3) Conviction in the past three years of driving a motor vehicle while under the
influence of drugs, alcohol, or with an unlawful blood alcohol level;
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Agenda Item No. 17E
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(4) A finding of guilt or plea of guilty or a plea of nolo contendere to a felony,
misdemeanor or ordinance, any of which involve moral turpitude, or to any offenses
listed in subsections (1), (2), or (3) of this section, within the past three years, or five
years if a felony. Moral turpitude shall be defined in statutes, case law, or ordinance.
This subsection applies notwithstanding suspension of sentence or withholding of
adjudication or sentencing.
(e) All motor \lehicles for hire must be insured against loss sustained by reason of death, injur'f
to persons and damage to property in the following amounts:
(1) $125,000 for bodily injury to anyone person;
(2) $300,000 for bodily injuries to more than one person which are sustained in the same
accident;
(3) $100,000 for property damage sustained in anyone accident.
(f) A copy of a valid and current insurance certificate for all motor vehicles for hire in Collier
County must be on file with county staff at all times.
(g) The license holder shall verify that each vehicle for hire is in a mechanically safe and sound
condition and state all known defects to the vehicle using the CAB approved vehicle safety
standard form.
SECTION SIX:
RENEW AL OF LICENSES
All Collier County licenses for a vehicle for hire are valid for one (1) year. _A~ criminal background
history check along with the corresponding fees shall be a part of the annual renewal.
SECTION SEVEN: M_L\XIMUM RA. TES
The Public Vehicle Board shall have the ability to establish via Resolution maximum rates that may
be charged by Taxicabs and Charter Service Vehicles. The public vehicle board's establishment of
any maximum rate shall not prevent any licensee from charging a rate below the maximum.
SECTION EIGHT:
PENALTIES
(a) Each complaint of a violation of this article may be referred to the Collier County Code
Enforcement Board, Special Magistrate, or the proper court if administrative staff deems the
complaint having raised a reasonable suspicion that a violation has occurred or is occurring,
The Code Enforcement Board may utilize the services of a Special Master.
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Agenda Item ~Jo. 17E
May 26, 2009
Page 6 of 8
(b) A $1,000 fine shall apply to each insurance violation.
(c) A $1,000 fine shall apply when a vehicle for hire is operated without a Collier County license
to operate.
(d) An individual who operates a vehicle for hire without a then effective Collier County driver's
In or State of Florida driver's license shall be fined $500 for a first violation and be fined
$1,000 for a second time \Tiolation. The penalrf for a third such violation shall be a $2,000
fine.
SECTION NINE:
INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida, The sections of the Ordinance may be numbered or re-lettered
to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION TEN:
CONFLICT AND SEVERABILITY
In the even 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 Ordina..'1ce is held to be 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
portion.
SECTION ELEVEN:
REPEAL OF PREVIOUS ORDINANCES.
This Ordinance hereby repeals all portions of Ordinances 95-66 and 01-75, and all amendments
thereto.
SECTION TWELVE:
EFFECTNE DATE.
This Ordinance shall become effective upon filing with the Department of State of the State of
Florida.
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Agenda item No. liE
May 26. 2009
Page 7 of 8
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this
day of
,2009.
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
~7.~U~
Steven T. Williams
Assistant County Attorney
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Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 17E
May 26, 2009
Page 8 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
Recommendation that the Board of County Commissioners approve an ordinance
deregulating taxicab and charter service rates, establishing a consumer advisory board,
providing gUidelines for obtaining vehicle for hire licenses, establishing penalties for non-
compliance, removing Industry protectionism, and thereby condensing the Public Vehicle For
Hire Ordinance provisions, consistent with the Board of County Commissioners' previous
direction. (This item IS a companion to 16A4)
5/26/2009900.00 AM
Prepared By
James French
Date
Community Development &
Environmental Services
Operations Supervisor
CDES Operations
4/28/2009 4:22:04 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/8/200910:18 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Attorney's Office
Date
518/2009 12:05 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/12/2009 11 :54 AM
Approved By
Jeff Kiatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/14/20094:39 PM
Approved By
OMB Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
5115/20099:00 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
5/18120098:42 AM
Approved By
Leo E. Ochsl jr.
Board of County
Commissioners
Deputy County r~;;anager
Date
County Manager's Office
5/18/2009 1 :11 PM
file://C:\A!!endaTest\Exnort\ 130-Mavo;(12026.%202009\ 17.%20S1 JMMARY%.20AGENDA \... 920/2009