Resolution 2011-096
RESOLUTION NO. 2011- 96
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY PUBLIC VEHICLE FOR HIRE ADMINISTRATIVE
MANUAL.
WHEREAS, the Board of County Commissioners, pursuant to Section 125.01(1)(n), Florida Statutes,
possesses thc statutory authority to license and regulate vehicles for hire that lawfully operate from within
Collier County; and
WHEREAS. on May 26, 2009. through Resolution No. 2009-127, the Board of County Commissioners
adopted the Collier County Public Vehicle For Hire Administrative Manual (the Manual) to establish the
procedures by which vehicles for hire are regulated in Collier County; and
WHEREAS, Resolution No. 2007-127 directs the County Manager or his designee to regularly review
the Manual for necessary corrections and improvements and provides that future changes shall be presented for
adoption by resolution of the Board of County Commissioners; and
WHEREAS, Collier County's vehicle for hire regulatory staff recommends amending the Manual to
provide for the issuance of temporary vehicle license decals to charter service vehicles brought into Collier
County from other Florida cities/counties for short term special events, such as graduation ceremonies, golf
tournaments. fund raisers. etc.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA. that the amended Collier County Pubic Vehicle For Hire Administrative
Manllal. attached hereto is hereby adopted.
h THIS RESOLUTION ADOPTED after motion. second and majority vote favoring same, this
Jl.{f day of IUlLL .2011.
ATTEST:
DWIGHT E. BROGj(, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Collier County
Vehicle for Hire
Administrative Policy Manual
June 14, 2011
Version U
SECTION ONE:
RULES FOR GENERAL APPLICATION
The subsequent rules listed are for the general application of issuing and regulating
vehicle for hire licenses and are subject to changes and modifications, as permitted by
law and as determined appropriate by the Collier County Board of County
Commissioners. These rules are supplementary to the Collier County Public Vehicle for
Hire Ordinance and shall not diminish any duty or responsibility required by the
Ordinance.
SECTION TWO:
DEFINITIONS
The following words, terms and phrases, when used in the article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
"CAB" means the Consumer Advisory Board whose powers and duties are identified
within the Collier County Public Vehicle for Hire Ordinance.
"County Manager, or his/her designee" means county staff designees of the County
Manager except where the context logically prohibits such inclusion.
"Vehicle for hire license" means a written authorized certificate to operate a motor
vehicle for hire company within Collier County.
"Vehicle for hire operator" or "operator" means any individual in actual possession of a
vehicle for hire and who is employed, or permitted by a vehicle for hire license holder, to
drive or operate a vehicle for hire upon the streets of the County.
"Vehicle for hire operator license" means a written authorized certificate to drive a motor
vehicle for hire and who is employed, or permitted by a vehicle for hire license holder, to
drive or operate a vehicle for hire upon the streets of the County with the intent to
transport passengers for a set or metered fee.
SECTION THREE: EXEMPTIONS
Exemptions contained herewith shall not be construed as a waiver of any state or federal
regulation and/or requirement.
a) The following classifications of vehicles for hire shall be exempt from all provisions
of this article:
I. Any owner or transportation provider which has been designated as the
community transportation operator as defined in Section 427.011 Florida Statutes,
or transportation services provided pursuant to contract with the Community
Transportation Coordinator, provided however that any such vehicle that is also
used as a vehicle for hire other than exempted uses as specified herein shall
require a certificate for such non exempt users).
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2. Any owner or transportation provider which has been designated as "intercity bus
service" and/or "eligible bus carrier" as defined in Section 341.031 Florida
Statutes.
3. Vehicles owned by companies whose primary occupation is not the transportation
of passengers for a set or metered fee, but instead provide transportation to its
customers who use that company's primary services, such as hospitals, hotels,
resorts, travel agencies, cruise lines, realtors, automotive repair facilities, or the
like.
4. Vehicles operated by government agencies or companies/organizations owning or
renting vehicles that are used exclusively for the transportation of their guests,
members or employees.
5. Vehicles that discharge passengers within Collier County that were picked up in
another county; provided that the vehicle, operator, and/or driver were authorized
to pick up the respective passenger(s) from the originating county and location of
pick up.
b) The following operators of vehicles for hire shall be exempt from the provisions of
this article:
I. Vehicle for hire owners, employees of a vehicle for hire company, and/or vehicle
repair/maintenance professionals operating a vehicle for hire during a period of
time when the vehicle is not being used to transport persons upon the streets of
the county and/or operating a vehicle for hire with the intent that the owner,
operator, and/or driver of the vehicle for hire will receive compensation of any
kind for providing such transportation.
2. Vehicle for hire operator's who are employed by those exempt companies listed
within this section.
SECTION FOUR:
VEHICLE FOR HIRE LICENSE
a) Unless identified as an exempt driver, it shall be unlawful for any person to operate,
control, or drive a vehicle for hire on the public streets and roads in the County or
dispatched for hire on the public streets in the County, without first obtaining a
Collier County vehicle for hire license.
b) Any person desiring a vehicle for hire license required by this article shall make
application therefore to the County Manager, or his/her designee, upon application
forms to be provided by the County Manager, or his/her designee, which application
form shall contain all information and documentation required under any rules,
regulations or procedures made or adopted in accordance with Collier County Public
Vehicle for Hire Ordinance and Vehicle for Hire Administrative Manual.
c) Before a vehicle for hire license shall be issued by the County Manager, or his/her
designee, the operator(s) shall comply with the following requirements:
I. Pay to the County all appropriate vehicle for hire licensing, permit, and
application fees, as implemented via Resolution of the Board of County
Commissioners (Board).
2. For each vehicle for hire license sought, a current certificate of liability and
property insurance from an insurance company authorized to do business in the
State of Florida shall be provided to the County Manager, or his/her designee.
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I. The policy of insurance evidenced by such certificate shall secure against loss
sustained by reason of death or injury to persons and loss or damage to
property in accordance with the Collier County Public Vehicle for Hire
Ordinance.
II. In the instances where one applicant submits applications for vehicle for hire
licenses for more than one vehicle, the certificate of insurance may be in the
form of a fleet policy covering all vehicles owned or operated by the
applicant, which shall provide the same coverage as specified within the
Collier County Public Vehicle for Hire Ordinance for each such vehicle.
111. The policy of insurance evidenced by such certificate shall provide that, in the
event of cancellation thereof, written notice shall be provided to the County
Manager, or hislher designee, at least ten (10) days prior to the effective date
of any such cancellation.
IV. For each vehicle which a vehicle for hire license is sought, a completed
vehicle standard safety form, as adopted by the CAB and provided by the
County, shall be submitted to the County Manager, or hislher designee,
indicating that such vehicle has passed inspection.
d) Upon the satisfactory fulfillment of the requirements of this article and with the
approval of the County Manager, or hislher designee, the County may issue a vehicle
for hire license and a corresponding license number to the applicant.
e) Once a vehicle for hire license has been issued pursuant to this article, a vehicle
identification decal shall be issued. The decal shall be permanently affixed to the left
outside bottom comer of the rear window and on the right outside top windshield
glass comer (driver's side) of the vehicle's front window. All vehicles for hire must
display the required decals.
I. Decals must be removed from the vehicle by the operator immediately following
the expiration, suspension, or revocation of the vehicle for hire license.
2. The vehicle for hire operator shall be responsible for notifying the County
Manager, or hislher designee, in writing within seven (7) calendar days of any
then currently valid vehicle decal destroyed or removed from a vehicle.
f) All vehicle for hire license applicants and license holders working under a fictitious
name shall provide proof that said fictitious name has been registered with the State
of Florida. A separate license to operate is required for each fictitious name.
g) Vehicle for hire licenses issued in accordance with the Collier County Public Vehicle
for Hire Ordinance shall expire one (I) year upon issuance, unless previously
canceled or revoked as provided herein. Every operator seeking to renew a vehicle for
hire license shall request such renewal from the County Manger or his/her designee,
within forty five (45) days prior to the expiration of the existing vehicle for hire
license.
h) Prior to the renewal of a vehicle for hire license, the operator shall meet all of the
criteria outlined within the Collier County Public Vehicle for Hire Ordinance and
Vehicle for Hire Administrative Manual.
i) At no time shall a vehicle for hire operator or driver have more than two vehicles for
hire operating from a residence as a home occupation and such vehicle(s) shall not
come and go from the residence so that trips would exceed normal residential vehicle
traffic as determined by the Board.
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SECTION FIVE:
TEMPORARY VEHICLE LICENSE
a) Vehicle for hire charter service companies, who are licensed to operate within Collier
County, may apply for a temporary vehicle Iicense(s) to bring in additional charter
service vehicles from other Florida cities/counties, to provide services for short term
special events, such as graduation ceremonies, golf tournaments, fund raisers, or the
like.
b) All charter service vehicles operating in Collier County under a permanent or
temporary vehicle license must meet all insurance and safety requirements, as defined
within the Collier County Public Vehicle for Hire Ordinance and the Collier County
Public Vehicle for Hire Administrative Policy Manual.
c) Each charter service vehicle operating in Collier County under a temporary vehicle
license must be licensed to operate as a public vehicle for hire business within their
originating Florida city/county.
d) Each charter service vehicle operator, operating under a temporary vehicle license,
must be licensed to operate a charter service vehicle for hire by the vehicle for hire
company's originating Florida city/county or the operators Florida city/county of
residence, where a criminal background search, or the like, was required and
performed by that Florida city/county, prior to the issuance of the vehicle for hire
operator's license.
e) All vehicle for hire operator's must be properly licensed to operate a vehicle for hire
by the State of Florida.
f) No more than six (6) temporary vehicle license decals, per charter service vehicle,
shall be issued within a twelve (12) month period.
g) The cost of a temporary vehicle license decal and the length of term shall be
determined by the Collier County Community Development and Environmental
Services Fee Schedule, as implemented via Resolution of the Board.
a. All appropriate fees shall be paid to the County before a temporary vehicle license
decal will be issued.
SECTION SIX:
VEHICLE COLOR SCHEME AND SIGNAGE
a) All charter service vehicles, taxicabs, and vehicles for hire shall be painted in the
color scheme approved by the County Manager, or hislher designee. A colored
sketch and/or photograph of the vehicle's color scheme shall be supplied by the
charter service vehicle, taxicab, and/or vehicle for hire operator along with the
application for a vehicle for hire license. Any changes in color scheme must be
approved by the County Manager, or his/her designee.
b) The color scheme of taxicab(s) shall be unique and easily distinguishable from the
color schemes of previously approved taxicab applicants.
c) All taxicab operators shall display the operator's company name and phone number
on the taxicab for which the license was issued. Such name and phone number shall
be prominently displayed and painted or permanently affixed on the taxicab in
numbers and letters not less than two (2) inches in height.
d) All taxicabs must have a permanently mounted top light at least ten inches wide (wide
side facing to the front) and four inches in height, mounted to the roof and illuminated
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with a telltale light indicating when the taxicab is occupied. The top light shall be
used to indicate whether the vehicle is at that time available for the vehicle for hire
business.
e) Charter service vehicles and other motor vehicles for hire, with the exception of
taxicabs, may display the license holder's trade name on the front license plate of the
vehicle. The license holder may display their company name, website, and/or
telephone number in an area not to exceed two (2) inches by thirty-six (36) inches
permanently affixed to the base of the rear window in white, black, silver, or gold
lettering. Registered trademarks, logos, and/or insignias may be permanently affixed
only to the rear bumper in an area not to exceed seventy-two (72) square inches in
total area. These types of vehicles shall not have any type or form of light device on
the roof or have such a light within the exterior of the vehicle(s) so as to possibly
indicate that the vehicle is a taxicab.
f) Total signage on vans utilized as a motor vehicle for hire, including handicapped
vehicle vans, may cover up to thirty (30) percent of the vans frontal area, side areas,
and rear area, to include the window areas. The vans front area, rear area, and side
area thirty (30) percent maximum shall be calculated separately. Signage on the front
area of a van may include the name of the vehicle for hire license holder's company
name (which may be part of the van's logo). The text on the van's front signage, to
include when it is part of a logo, shall not exceed four inches in height. Signage on
the rear area of a van may include the name, logo, and/or telephone number(s) of the
vehicle for hire license holder's company name, and only the text (letters and/or
numbers) on a van's rear area shall not exceed a height of six inches, but the logo
may exceed such height. Signage on the side area(s) of a van may include the name,
logo, email address, website address, and/or telephone number(s) of the vehicle for
hire license holder's company name. Neither the size of text nor any other signage on
a side area of the van are limited except as to the maximum thirty (30) percent total
side signage coverage area which includes the respective side window area(s).
g) Vehicle signage shall be unique and easily distinguishable from the signage used by
previously approved applicants.
h) All signage, color schemes, and/or markings on charter service vehicles, taxicabs, and
all other vehicles for hire, shall not contain any sexual content or offensive language.
SECTION SEVEN: VEHICLE FOR HIRE OPERATOR'S LICENSE
a) Unless identified as an exemption herewith, it shall be unlawful for any person to
drive, or operate a vehicle for hire on the public streets and roads in the County
without a valid vehicle for hire operator's license issued by the County, and 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.
b) Any person desiring a County issued vehicle for hire operator's license shall make
application therefore to the County Manager, or hislher designee, upon application
forms to be provided by the County Manager, or hislher designee, which application
form shall contain all information and documentation required under any rules,
regulations or procedures made or adopted in accordance with Collier County Public
Vehicle for Hire Ordinance.
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c) Before a vehicle for hire operator's license shall be issued, the applicant shall pay to
the County all appropriate vehicle for hire operator's license, permit, and application
fees, as implemented via Resolution of the Board of County Commissioners (Board).
d) Upon the satisfactory fulfillment of the requirements of the Collier County Public
Vehicle for Hire Ordinance and with the approval of the County Manager, or hislher
designee, the County may issue a vehicle for hire operator's license and a
corresponding license number to the applicant.
e) Vehicle for hire operator licenses shall expire after one (1) year upon issuance, unless
previously canceled or revoked, as provided within the Collier County Public Vehicle
for Hire Ordinance and/or Vehicle for Hire Administrative Manual.
f) Prior to the renewal of a vehicle for hire operator's license, the applicant shall meet
all of the criteria outlined within the Collier County Public Vehicle for Hire
Ordinance and Vehicle for Hire Administrative Manual.
SECTION EIGHT: OPERATOR SERVICE STANDARDS
a) In accepting passengers, no vehicle for hire operator shall discriminate on the grounds
of race color national origin gender religion creed politics or affiliation with any
group.
b) Operators may refuse service to any person who is disorderly or who causes the
driver to have a reasonable apprehension of fear for his property or the driver's
safety.
c) No operator shall refuse to accept any passenger desiring service because of short or
long haul destination.
d) Operator's shall transport passengers to their destination by the most direct available
route from the place where the passenger enters the vehicle for hire unless a different
route is requested at the initiative of the passenger.
e) No person shall be admitted to a vehicle for hire occupied by a passenger without the
consent of the passenger.
f) Upon request, a receipt shall be given by the operator on conclusion of the trip,
indicating the name of the driver, vehicle number, year month and date, the starting
time, the place of origin and destination of the trip, the amount of fare collected, and
the number of passengers and the total miles or units accumulated during the trip.
g) Any electrical device such as a radar detector, fuzz buster, police radio scanner or
police two way radio, or the like within the vehicle for hire is prohibited at all times.
h) No operator shall drive any vehicle for hire whose vehicle for hire license or vehicle
for hire operator's license is expired or has been cancelled, suspended, or revoked.
i) At all times when the vehicle for hire is being operated as a vehicle for hire, the
operator must clearly display and make readily available, a then valid vehicle for hire
operator identification card issued to that operator by the County.
1. Taxi operators shall post their vehicle for hire operator identification card in a
location that is in plain sight and visible to all passengers within the vehicle for
hire.
2. No one except the County Manager, or his/her designee, shall in any way alter
any such County issued vehicle for hire operator identification card.
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3. Vehicle for hire operator identification cards shall expire one (I) year upon
issuance, unless previously canceled or revoked, as provided within the Collier
County Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative
Manual.
j) No operator shall solicit any passenger in any commercial or residential establishment
without express permission to do so from the owner(s) or management of the
respective establishment.
k) Personal property left in any vehicle for hire shall be retained for no less than ninety
(90) days from the date the item(s) were found, and shall be safely held by the vehicle
for hire license holder (owner/operator), after which time the property may be
considered to be abandoned if the notice requirements of Chapter 705 Florida Statutes
have been met.
I) No vehicle for hire license holder or operator shall possess at its place of business,
dispatch, operation building, or in any vehicle for hire, any device(s) designed to be
used for monitoring a competitor's radio frequency.
m) No operator of a vehicle for hire shall consume any alcoholic beverage or any
controlled substance, or be under the influence of any alcoholic beverage or
controlled substance while on duty or while driving a vehicle for hire.
n) No operator shall knowingly transport any person to any place for the purpose of
participation in any illegal activity.
0) No operator shall use abusive language, nor be discourteous to passengers.
p) Vehicle for hire operators shall not smoke cigarettes, cigars, or a pipe while
passengers are in a vehicle.
q) Vehicle for hire operators shall ensure that the vehicle's luggage compartment (trunk)
and the passenger compartment is free of any item or substance that will damage,
stain or otherwise harm a passenger's luggage or possessions.
r) Vehicle for hire operators shall not use a cell phone, other than in a hands-free mode,
while operating a vehicle for hire while passengers are present in the vehicle and/or
during anyon-duty trip while driving on all roads within the county.
s) Vehicle for hire drivers shall operate the vehicle's air conditioner at the request of the
passenger, ifnot already operating.
t) No operator shall use a vehicle for hire for the purpose of prostitution or lewdness or
to offer or agree to transport any person with knowledge or reasonable cause to
believe that the purpose of such transportation is for the purpose of prostitution or
lewdness.
SECTION NINE:
REVOCATION OF VEHICLE FOR HIRE OPERATORS
LICENSE
a) The County Manager, or his/her designee, shall have full power and authority to
revoke a vehicle for hire operator's license issued pursuant to the Collier County
Public Vehicle for Hire Ordinance and/or Vehicle for Hire Administrative Manual if
it shall be shown that the applicant obtained the license by fraud or deceit, or that the
vehicle for hire operator has violated any of the provisions of the Collier County
Public Vehicle for Hire Ordinance, Vehicle for Hire Administrative Manual, and/or
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State statute relating to the vehicle for hire business or ability to legally operate a
motor vehicle.
b) Any operator of a vehicle for hire desiring to appeal the revocation of a vehicle for
hire operator's license may petition for an appeal to the CAB within ten (10) days
from the date of revocation, the CAB shall hear such petition for appeal within sixty
(60) days of submission of the appellate petition. Adverse decisions of the CAB may
be appealed within ten (10) days to the Board; and the decision of the Board thereon
shall be final.
SECTION TEN:
REVOCATION OF A VEHICLE FOR HIRE LICENSE
a) The County Manager, or hislher designee, shall have full power and authority to
revoke a vehicle for hire license issued pursuant to the Collier County Public Vehicle
for Hire Ordinance if it shall be shown that the applicant obtained the license by fraud
or deceit, or that the license holder(s) has been found guilty of violating the Collier
County Public Vehicle for Hire Ordinance, Vehicle for Hire Administrative Manual,
and/or any other County ordinance, State statute, or federal law relating to the license
holder(s) ability to legally operate a vehicle for hire business.
b) Upon the cancellation or lapse of any policy of insurance on any vehicle for hire
required by this ordinance, the vehicle for hire license issued for such vehicle for hire
shall immediately be revoked unless the operator of the vehicle for hire shall have
obtained another policy of insurance containing all of the requirements of the original
policy prior to the effective date of cancellation or lapse.
c) Any County Vehicle for Hire License holder desiring to appeal the revocation of a
vehicle for hire license may petition for appeal to the CAB within ten (10) days from
the date of revocation. The CAB shall hear such petition for appeal within sixty (60)
days of submission of the appellate petition. Adverse decisions of the CAB may be
appealed, within thirty (30) days, to the Board; the decision of the Board thereon shall
be final.
d) Any vehicle for hire license issued in accordance with the Collier County Public
Vehicle for Hire Ordinance shall not be transferable.
SECTION ELEVEN:
RATES OF FARE; RATE CARD REQUIRED.
a) The Collier County Board of County Commissioners (Board) shall have the ability to
establish via Resolution, maximum rates that may be charged by motor vehicles for
hire. The Board's establishment of any maximum rate shall not prevent any vehicle
for hire license holder from charging a rate below the maximum rate established.
b) Taxicabs:
I. Every taxicab operated under this article shall have an applicable schedule of
fares and charges posted in a clear and visible place that is in view of all
passengers. The words "rate," "rates," or "rates of fare" shall precede the rate
statement, which shall be fully informative, self-explanatory, be readily
understandable by the ordinary passenger, and be the same rate as the taximeter is
calibrated. The rate schedule shall be of permanent character or be protected by a
laminated transparent protective type of cover. In the event that a maximum rate
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is adopted, the maximum rates of fares shall be designated within the schedule of
fares and charges.
2. The taximeter shall not be turned off during anyon-duty trip that commences in
Collier County, does not go outside of the County's geographic boundaries, and
ends in Collier County (including in a municipality). The rate charged for such
trip shall not be greater than the amount shown on the taximeter.
c) There shall be no extra charge for handling luggage or baggage.
d) Upon the establishment or modification of the maximum rates that may be charged by
taxicabs, charter service vehicles, and/or motor vehicles for hire, the County
Manager, or hislher designee, shall notify current vehicle for hire license holders of
the proposed change via U.S. mail no less than fifteen (15) days prior to the date the
rates become effective. The maximum rates adopted by the Board shall apply to all
vehicle for hire license holders, as indicated, operating within Collier County.
e) It shall be a violation of this section, and grounds for suspension or revocation of the
vehicle for hire license and/or a vehicle for hire operator's license, for a holder of
either license to charge in excess of the maximum rate established by the Board.
SECTION TWELVE:
SOLICITATION, ACCEPTANCE AND
DISCHARGE OF PASSENGERS
a) No driver of a vehicle for hire shall solicit passengers except when sitting in the
driver's compartment of the motor vehicle for hire. The driver of any vehicle for hire
shall remain in the driver's compartment or immediately adjacent to his or her vehicle
at all times when the vehicle is upon county streets, except that, when necessary a
driver may be absent from hislher vehicle for not more than thirty (30) consecutive
minutes; and provided, further, that nothing herein contained shall be held to prohibit
any driver from assisting passengers and loading luggage and other items into or out
of the vehicle.
b) No driver of a vehicle for hire shall solicit patronage in a loud or annoying tone of
voice or by sign or in any manner annoy any person(s) or obstruct the movement of
any person(s), or follow any person for the purpose of soliciting patronage.
c) Vehicle for hire operators shall not receive or discharge passengers in the roadway
but shall pull up to the right-hand sidewalk as nearly as possible, or, in the absence of
a sidewalk, to the extreme right-hand side of the road, and there receive or discharge
passengers, except upon one way streets, where passengers may be discharged at
either the right or left-hand sidewalk, or side of the roadway in the absence of a
sidewalk.
d) Vehicle for hire operators shall not carry more passengers than the maximum seating
capacity of hislher vehicle as stated by the manufacture of the vehicle.
e) Vehicle for hire operators shall not refuse or neglect to communicate with any orderly
person or persons, upon request.
f) It shall be a violation of this article for any vehicle for hire license holder or operator
to use a motor vehicle for hire which he/she is operating as an instrument in
committing any act which is a violation of any local, state or federal law.
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