Sec. 142-26. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"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.

"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.

(Ord. No. 2009-27, § 1)

Sec. 142-27. - Applicability.

The provisions of this article shall be applicable to and effective in all now existing or future incorporated areas and in all unincorporated areas of the county. 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.

(Ord. No. 2009-27, § 2)

Sec. 142-28. - 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 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 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.

(Ord. No. 2009-27, § 3)

Sec. 142-29. - 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. 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.

(Ord. No. 2009-27, § 4)

Sec. 142-30. - 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 F.S. § 893.03, or the RICO Act, F.S. ch. 895;

(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 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)

$125,000.00 for bodily injury to any one person;

(2)

$300,000.00 for bodily injuries to more than one person which are sustained in the same accident;

(3)

$100,000.00 for property damage sustained in any one 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.

(Ord. No. 2009-27, § 5)

Sec. 142-31. - 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.

(Ord. No. 2009-27, § 6)

Sec. 142-32. - 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.

(Ord. No. 2009-27, § 7)

Sec. 142-33. - 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.

(b)

A $1,000.00 fine shall apply to each insurance violation.

(c)

A $1,000.00 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 $500.00 for a first violation and be fined $1,000.00 for a second time violation. The penalty for a third such violation shall be a $2,000.00 fine.

(Ord. No. 2009-27, § 8)