Loading...
Backup Documents 05/26/2009 Item #17E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) l?E i To: Clerk to the Board: Please place the following as a: ~ Normal legal Advertisement (Display Adv., location, etc.) o Other: 0 ******************************************************************************************************..** Originating Dept/ Div: CDESIOperations Person: James French Date: May 5, 2009 Petition No. (If none, give hrief description): 0 Petitioner: (Name & Address): 0 Name & Address ofany person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 0 Hearing before: ~ BCC 0 BZA 0 Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Mav 26. 2009 Newspaper(s) to be used: (Complete only if important): ~ Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: 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 P~LIC VEHICLE BOARD; CREATING A CONSUMER ADVISORY BOARD; PROVIDING FOR COLLIER COUNTY VEHICLEf'OR HIRE LICENSE REQUIREMENTS; PROVIDING FOR THE RENEWAL 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 SEVERABIIJiTY; PROVIDING FOR THE REPEAL OF PREVIOUS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. j Companion petitian(s), if any & proposed hearing date: 0 Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should he charged for advertising costs: Purchase Order Number - 4500106248 Rev d by: Att-* {p f7 s1 /7, s- s- - 61 Date List Attachments: 1. Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or requist for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distributl copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .......*.*......**.*.**..****....**..*.*.......*......**.**....*..**********.*********.*.**.***.******.t*** FOR CLERK'S OFFICE USE OlS:LX,( Date Received: 5- J -ry:pate of Public hearing: 5 ~ 1,o-(:f1ate Advertised: 5"-15:1J1 17E Send all Invoices to: Board of County Commissioners Purchasing Department 3301 Tamiami Trail E Naples, Florida 34112 Tax Exempt: 85-8012621830C-2 (i) Board of County Commissioners Atln: Accounts Payable PO Box 413016 Naples, Florida 34101.3016 Purchase Order number must appear on all relllted correspondence, shipping papers and Invoice.: Purchase order PON~'" 4500106248 '...04110/2009 Vendortl 102127 NAPLES CAlLY NEWS PO Box 7009 NAPLES FL 34101 Cantac1 PBr50n COES Operations Please deliver to: CDES RECORDS 2800 N HORSESHOE DR NAPLES FL 34104-6917 Delivery Date: 09/3012009 Terms of Payment Payable immediately Due net Currency USD Item Material 00010 DescriptIon Legal Advertising Order Qty Unit Price Per Unit 1,000 each 1.00 Net Value Total netlJslue exel tax USD ::i , ~ VENDOR Torms and Conditions 1 I The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site: http://INww.colllergov.netllndex.8spx?page=762 (revision date Ot/2212008), including delivery and payment terms. Further the VENDOR agrees to: 1. Provide goods and services outlined In this Purchase Order with the prices, terms, delivery method and specifications listed above. 2. Notify department Immediately if order fulfillment cannot occur as specified. 3. Send all invoices to: Board of County Commissioners Altn: Accounts Payable PO Box 413016 Naples, Florida 34101~3016 The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: ~, '" G-It2. Stephen Y. Carnell, General Services I Purchasing Director PIi"tood MonApr 13200909:<<;29 GMT-0400 111.100211).1149100 Peg" 1 ot:~ , 17E ORDINANCE NO. 2009- AN ORDINANCE OF COLLIER COUNTY, FLORIDA TO BE KNOWN AS THE COLLIER COUNTY PUBLIC VEIDCLE FOR HIRE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABI1JTY; CREATING A PUBLIC VEHICLE BOARD; CREATING A CONSUMER ADVISORY BOARD; PROVIDING FOR COLLIER COUNTY VEHICLE FOR HIRE LICENSE REQUIREMENTS; PROVIDING FOR THE RENEWAL OF VEIDCLE FOR HIRE LICENSES; PROVIDING FOR THE ESTABLISHMENT OF MAXIMUM VEHICLE FORIDRE RATES; ESTABUSHING PENALTIES; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR THE REPEAL OF PREVIOUS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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 WHEREAS, the Board of County Commissioners desires to provide for the regulation of vehicles for hire within Collier County. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER C(IUNTY, 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 Vehicle" means any motorized chauffer-driven vehicle that is engaged in prearranged transportation and the rates for which transportation are based upon predetenmned hourly, daily, weekly, monthly or door-to-door price. I 17jE. "Motor Vehicle for Hire" means any motor vehicle operated by a third party driver engaged in the transportation of persons upon the streets of the county with the intent to receive compensation for providing such transportation. "Taxicab" means a motor vehicle equipped with a top light, designed to accommodate not more than eight passengers, excluding the driver, which is operated for compensation based upon rates reflected on a taximeter. SECTION TWO: APPUCABILITY 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 counly or municipal property or operated by the county or by any municipalily. Nothing in this article shall affect any ordinance of any municipality. SECTION THREE: REGULATION The Board of Counly Commissioners shall have the right to license and regulate taxis, jitneys and limousines for hire. These regulations shall be implemented via Resolution of the Board of County Commissioners.. An administrative manual shall be created and approved via Resolution of the Board of County Commissioners for the licensing and regulation of motor vehicles for hire in Collier Counly. 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 Counly Commissioners. The manual shall be utilized by County staff in the issuance of Collier County licenses. SECTION FOTlR: 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 Commissioners. Terms of office shall be for four years and shall be staggered. Memberships exceeding two full terms shall be approved in accordance with Ordinance No. 2001-55. Meeting attendance shall comply wi th the provisions of Ordinance 2001-55. No member of 2 17E ~ 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 of the 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 pastten (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 Vehicle Board via resolution. In the event that the background 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 RICO 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; (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 3 17E listed in subsections (I), (2), or (3) of this section, within the past three years, or five years if a felony. Moral turpitude shall be defined in statutes, case law, or ordinance. This subsection applies notwithstanding suspension of sentence or withholding of adjudication or sentencing. (e) All motor vehicles for hire must be insured against loss sustained by reason of death, injwy to persons and damage to property in the following amounts: (1) $125,000 for bodily injwyto 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: RENEWAL OF UCENSES 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: MAXIMUM RATES SECTION EIGHT: PENALTIES The Public Vehicle Board shall have the ability to establish via Resolution maximum rates tbatmay be charged by Taxica\:-, and Charter Service Vehicles. The public vehicle board's ""tablishment of any maximum rate shall not prevent any licensee from charging a rate below the maximum. (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 reasottable suspicion that a violation has occurred or is occurring. The Code Enforcement Board may utilize the services of a Special Master. (b) A $1,000 fine shall apply to each insurance violation. 4 17E (c) A $1,000 fme 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 10 or State of Florida driver's license shall be fined $500 for a first violation and be fined $1,000 for a second time violation. The penalty for a third such violation shall be a $2,000 fine. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance maybe 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. f any phrase or portion of this Ordinance 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 PREVlOUS ORDINANCE. This Ordinance hereby repeals all portions of Ordinance 06-59, and all amettdments thereto. SECTION TWELVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of CoIlier County, Florida, this day of ,2009. 5 17E. ArrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Steven T. Williams ,..,... -ll'l. Assistant County Attorney S' 5 6 17E. Acct #068784 May 12, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Public Vehicle for Hire Ordinance Dear Legals: Please advertise the above referenced notice on Friday, May 15,2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500106248 17E NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 26, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 RENEWAL 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 PREVIOUS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are ~: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 17E If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /Ann Jennejohn, Deputy Clerk (SEAL) 17E Good Morning, Please advertise the attached on Friday, May 15, 2009. Public Vehicle for Hire Ordina... Public Vehicle for Hire Ordina... Thank you, Ann P. J ennejohn Clerk to the Board Minutes and Records Department 239-252-8406 Fax: 239-252-8408 ann. ienne iohn@collierclerk.com Ann P. Jennejohn 17F From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, May 12, 2009 11 :33 AM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT151398.txl; Public Vehicle for Hire Ordinance 1":.' . ~ i:::...~~.'.".C~1 U ATTI51398.txt (231 B) Public Vehicle for Hire Ordina... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. I ega Is@naplesnews.com 1 Public Vehicle for Hire Ordinance Page I of 1 17E Ann P. Jennejohn From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, May 12, 2009 11 :52 AM To: Ann P. Jennejohn Subject: RE: Public Vehicle for Hire Ordinance ok From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk,com] Posted At: Tuesday, May 12, 2009 11:33 AM Posted To: Legals - NDN Conversation: Public Vehicle for Hire Ordinance Subject: Public Vehicle for Hire Ordinance Good Morning, Please advertise the attached on Friday. May 15, 2009. Thank you, <<Public Vehicle for Hire Ordinance.doc>> <<Public Vehicle for Hire Ordinance.doc>> Ann P. Jennejahn Clerk to the Board Minutes and Records Department 239-252-8406 Fax: 239-252-8408 ann.j ennej "hn@cgllierclerk,corn Under Florida Law, e-mail addresses are public records. If YOll do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 5/12/2009 liE Ann P. Jennejohn From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, May 12, 2009 12:22 PM Ann P. Jennejohn Ad Confirmation Attachments: UAS1 EE.jpg ~ UAS1EE.jpg (87 KB) OTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 26, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUN1Y, FLORIDA, TO BE KNOWN AS THE COLLIER COUN1Y PUBLIC VEHICLE FOR HIRE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILI1Y; CREATING A PUBLIC VEHICLE BOARD; CREATING A CONSUMER ADVISORY BOARD; PROVIDING FOR COLLIER COUN1Y VEHICLE FOR HIRE LICENSE REQUIREMENTS; PROVIDING FOR THE RENEWAL OF VEHICLE FOR HIRE LICENSES; PROVIDING FOR THE ESTABLISHMENT OF MAXIMUM VEHICLE FOR HIRE RATES; ESTABLISHING PENAL TIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILI1Y; PROVIDING FOR THE REPEAL OF PREVIOUS ORDINANCE: AND PROVIDING AN EFFECTIVE DA TE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. 1 BOARD OF COUN1Y COMMISSIONERS COLLIER COUN1Y, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: / Ann J ennejohn, Deputy Clerk (SEAL) May 15 N01798524 17f Thank you for placing your ad. Date 05/12/09 Publication NDN Ad Number 1798524 Total Ad Cost $436.82 Emely 2 17E 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; CREA TING A PUBLIC VEHICLE BOARD; CREATING A CONSUMER ADVISOR Y BOARD; PROVIDING FOR COLLIER COUNTY VEl IICLE FOR HIRE LICENSE REQUIREMENTS; PROVIDING FOR TilE RENEWAL OF VEHICLE FOR HIRE LICENSES; PROVIDING FOR THE ESTABLISHMENT OF MAXIMUM VEHICLE FOR HIRE RATES; EST ABl.ISHING 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. WHEREAS, 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 WHEREAS, 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 Vehicle" means any motorized chautTer-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. 17E .j "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" mcans a motor vehicle equipped with a top light, designed to accommodate not more than eight passengers, excluding the driver, which is operated for compensation based upon rates reflected on a taximeter. "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 by any municipality. Nothing in this article shall affect any ordinance of any municipality. SECTION THREE: REGULATION 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 Commissioners. An administrative manual shall be created and 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) membcrs appointed by the Board of County 2 17E Commissioners. Terms of otTice 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 of the CAB may be appealed, within thirty (30) days, to the Board of County Commissioners. SECTION FIVE: COLLIER COUNTY LICENSE REQUIREMENTS (a) Each driver of a 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 Vehicle Board via resolution. In the event that the background 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 RICO 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; 3 .. '''''''''-~"~-'---''~''''''~-_';_'''__'___''''_"~h___'''~_~.__",__...._._."'"__,._"__.^_..~,.._..~_.,,_....._~_.,..,.....'_ 17E (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 vehicles for hire must be insured against loss sustained by reason of death, injury 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. (0 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: RENEWAL 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: MAXIMUM RATES 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 licensec from charging a rate below the maximum. SECTION EIGHT: PEN AL TIES (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. 4 "._..__-.,_____"___,.~,,~~.._w_,..__<~...~~~__~.__.__"'_,..... _... 17E (b) A $1,000 fine shall apply to each insurance violation. (c) A $1,000 fine shall apply when a vehicle for hire is operated without a Collier County license to operate. (d) An individual who operates a vehicle for hire without a then effective Collier County driver's ID or State of Florida driver's license shall be fined $500 for a first violation and be fined $1,000 for a second time violation. The penalty for a third such violation shall be a $2,000 fine. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections ofthe 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 Ordinance 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: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State of the State of Florida. 5 _-_ '1(".. t I __"..._____,,.,.."""_.,_...........__~___.,,..,._m.' 17E '.! PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of_~__.n._____' 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: Steven T. Williams Assistant County Attorney 6 NOTICE OF INTENT TO CONSIDER ORDINANCE NotIce is hereby giventh()t on TueSday, May 26. 2009. In the Bo.ardroom, 3rd Floor, Adminlstration Bvild ing, Colli~r County Government Center. 3301 Eastnl.mlami Trail, Naples, Florida1 the Board of CQunty Commissioners will consider the enactment of a County Ordinance. The meeting will com- mence at9~OO A.M. The title of the proposed Ordi- nance Is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE COLLIER COUNTY PUBLIC VEHI- CLE FOR HIRE ORDINANCE; PROVIDING FOR DEFfNI. TIONS:PROVIDING FOR APPLICABILITY; CREATING A PUBLIC VEHICLE BOARD; CREATING A CONSUMER ADVISORY BOARD; PROVIDJNG FORCOLUER COUN- TY VE,HICLE FOR HIRE LICENSE REQUIREMENTS; PROVIDING FOR THE RENEWAL OF VEHICLE FOR HIRE LICENSES; PROVIDING FOR THE ESTABLISH- MENT OF MAXIMUM VEHICLE FOR HIRE RATES.ES- TABLlSHING PENALTIES; PROVIDING FOR INCLUSION IN THE CODe OF LAWS ANDOROINANCES; PROVID- iNG FOR CONFLICT AND SEVERABiliTY; PROVIDING FOR THE REPEAL, OF PREVIOUS ORDINANCE: AND PROVIDING AN EFFECTIVE. DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available forinspec- tion. All interested parties are 'Invited to attend and be l1eard. NOTE: All persQns Wishing to speak on any agenda item must register with the County administrator Rrlorto presentation of the agenda Item to be ad- aressed. Individual speakers wHI be limited to 5 minutes on any item. The selectlon ,of an individual to speak on,behalf of an organization or group is encouraged. If recognized by the Chairman, a spo.kesperson for a group or organization may be allotted 10 minutes to speak on an Item. Persons wishIng to have written or graphic ma- terials included In the Board agenda packE:.4s must subm it said material a min I mum of 3 weeks prior to the respectlve public hearing. In anycilSc. written materIals intended to be considered by the Board shall be submitted to the approprig.te County staff a minimum of seven days prior to the public hear. ing. All material llsed. in preserltations before the Board wlll become a permanent part of the record. Any per'son who deci,des to appeal a decision of the Board w ill need a record of the proceedings pertaining thereto and therefore. may need to eh- sure that a verbatim record oftl1e proceedings is made. which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to partiCipate in this pro- ceeding; you are entitled. at no cost to you. to the prOVision of certain assistance. Please contact the COII,ie. r.county Fac; Ii-ties.. Managemem" De, p,a..' rtmerrl.. located at 3301, Ta1'l1lami Trail East, Building w, Naples. FIo.rida 34112. (239) 252-8380. ASsisted I is- tenlng devices fOr the hearing ImpaJredare avail- able in the County commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E. BROCK, CLERK By: /Ann Jennejolm.Deputy Clerk (SEAL) May 15 17E No1798524 Naples Daily New~ Naples, FL 34102 l1E Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - I AD SPACE: 154 LINE ' FILED ON: 05/15/;A9 / - -- - - -- - -- -- - - - -- - -- -- ,u -- - -- -- -7} - -- -- -.- - + - - - - - - - - - - - - - - - - - - .. - - - - - SignaLure of Afflant "i/lIliJA'l In f L()1~-- Sworn to and Subscribed before me this ~ day of {"-k~l \ C "Q ,~~' t" \,(1 'i. J I ,.C\, t~C\ 'L~~&~HAI~E' P I"CD' 0" ".',1' , ' ,'...\\~'0.~..V6'..'f L- I. \II l'l"l_~~ !~~:., .f... "~~;~ Commission DD 650475 ,,:,',,A,.~ff Expires June 29,2011 ~"'Ji{,9f:\f;~~~~'" Hr.\r,jed Thru Troy Fain Insurance 800.38!} l'JHi BCC/CDES BUDGET OFFICE S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068784 59576503 P.O. #4500106248 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Dally News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/15 05/15 Personally known by me 200~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLit 7 E .~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ... . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the cl1ecklist, and forward to Sue Filson (Jine#5)' Route to Addressee(s) Office Initials Date (List in routing order) 1. .:Tub V ?t.c.I~ c...DE~ A e:l M.:",- QR 5};}1JOi 2. vv 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one oflhe addressees above, inclu:ling Sue Filson, need to cmtact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item,) Name of Primary Staff - ~c.vu+ Phone Number 2-S2-S7/7 Contact .,;J ~fM t oS Agenda Date Item was JY1 &; " 24/ ~,d~ 1 Agenda Item Number /7E Approved by the BCC Type of Document /)rd, ~ 4"'~ e- C>C1-(J1 Number of Original / Attached Documents Attached '. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCe approval of the document or the fmal ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BeC approval. Some documents are time sensitive and require fOlWarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on liS" (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. F ~ cf EK -=If- Lf 5 S / (" / ~l C/ 9 Yes (Initial) N/A (Not A licable) 5f ~A ~~ Jr- Jr S~ I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised \.26,05, Revised 2,24,05 17EBfl ORDINANCE NO. 2009- 27 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 RENEWAL 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. WHEREAS, 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 ofthe Collier County Board of County Commissioners to revise the procedures by which vehicles for hire are licensed in Collier County; and WHEREAS, 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 Vehicle" means any motorized chauffer-driven vehicle that is engaged in prearranged transportation and the rates for which transportation are based upon predetermined hourly, daily, weekly, monthly or door-to-door price. 17E o'd "Motor Vehicle for Hire" means any motor vehicle operated by a third party driver engaged in the transportation of persons upon the streets of the county with the intent to receive compensation for providing such transportation. "Taxicab" means a motor vehicle equipped with a top light, designed to accommodate not more than eight passengers, excluding the driver, which is operated for compensation based upon rates reflected on a taximeter. "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 ofthe 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 by any municipality. Nothing in this article shall affect any ordinance of any municipality. SECTION THREE: REGULATION 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 Commissioners.. An administrative manual shall be created and 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 2 17 E tf, 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 ofthe 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 of the CAB may be appealed, within thirty (30) days, to the Board of County Commissioners. SECTION FIVE: COLLIER COUNTY LICENSE REQUIREMENTS (a) Each driver of a 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 Vehicle Board via resolution. In the event that the background 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 ofthe 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 RICO 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; 3 17E 'f1 (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) ofthis 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 vehicles for hire must be insured against loss sustained by reason of death, injury 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 ofthe annual renewal. SECTION SEVEN: MAXIMUM RATES 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. 4 17E . -oj r 1 (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 ill or State of Florida driver's license shall be fined $500 for a first violation and be fined $1,000 for a second time violation. The penalty for a third such violation shall be a $2,000 fine. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be numbered or re-Iettered 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 ofthis Ordinance 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: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State of the State of Florida. 5 17E '~ PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this c516 f/... day of J1J ':J ATTEQT," '., .: r r q . ... .'~- DWIOHT E. BROCk,.CLERK eo':_, t, ^.. _'I ,2009. BOARD OF COUNTY COMMISSIONERS COLLIER C,RUNTY, FLORIDA /1/ I - ,{ /4~~.. ~4 DONNA FIALA, CHAIRMAN . 'to/a.. ....,~put)5 Cl rk ,f ",at... Oft i Ii · , .. ,), Approved as to form a legal sufficiency: ~7.~fL- Steven T. Williams Assistant County Attorney BY: 6 17E , STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-27 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to aoard of County CommissiorJ.~s! " ~""'" '. . '; , . . v . . " . , ,:'l'}!~. ':\ '. '~).. .. By: Martha Deputy