Resolution 185-2009
County Administrator
RESOLUTION NO. 185 -2009
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING RESOLUTION NO. 109-2008, ATTACHED HERETO,
WHICH PROVIDED A GROUND TRANSPORTATION SYSTEM FOR THE KEY WEST
INTERNATIONAL AIRPORT; AMENDING SECTIONS 2, 4, AND 6 TO PROVIDE A
COMPREHENSIVE DEFINITION OF "GROSS REVENUE"; TO PROVIDE AUDIT
REQUIREMENTS FOR GROSS REVENUE PAYMENTS; TO CORRECT THE
PLACMENT OF THE PERMIT STICKERS; TO PROVIDE AN AL TERNA TE PAYMENT
METHOD FOR CONTRACT VEHICLES FOR HIRE; PROVIDING FOR A REVISED MAP
IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 2009, the Key West International Airport opened the new Terminal and changed the
uses of the existing Terminal; and
WHEREAS, the Airport Director, in consultation with local transportation entities, developed a
revised plan for the parking, standing and circulation of vehicles at the Airport; and
WHEREAS, the Airport Director implemented the new ground transportation plan to coincide with
the opening of the Airport's new Terminal; and
WHEREAS, the County Commission found the new ground transportation plan to be a fair and well-
designed system for the several transportation entities that serve the Airport; and
WHEREAS, the Director of Airports has found it to be beneficial to make refinements to the plan
since the implementation of the original plan;
NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA THAT:
Section 1. The foregoing recitals are incorporated herein by reference.
Section 2. Definitions.
a) Airport means the Key West International Airport.
b) Airport Director or Director means the County employee charged with managing the
Airport or his designee.
c) Charter bus means a motor vehicle that is operated on a regular scheduled route or is chartered for a
specific prearranged purpose and is designed to transport more than fifteen persons, including the driver.
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d) Courtesy vehicle means a vehicle carrying passengers with reservations at a hotel, motel, resort
facility, marina, off-site rental company, or local attraction, without a fee charged to the passenger and is
owned or leased by the hotel, motel, resort facility, marina, off-site rental company or local attraction.
A courtesy vehicle shall not mean a vehicle owned by a transportation or tour company which itself is
retained by the hotel, motel, resort facility, marina, off-site rental company or local attraction to perform a
courtesy vehicle function.
e) Commercial activity shall mean the exchange, trading, buying, hiring, or selling of
commodities, goods, information, services, or property of any kind, or any revenue producing activity
on the Airport.
f) Contract Vehicle For Hire (CVH) means a vehicle engaged in the transportation of persons for
compensation, rented or hired by prearranged contractual arrangement for specific passengers on an itinerary
list, not capable of carrYing more than fifteen passengers, including the driver. The definition of a CVH shall
remain consistent with the definition contained within the City of Key West Code of Ordinances, as amended.
g) Delivery vehicle means a vehicle delivering goods or services to County personnel or
tenants at the airport.
h) Gross revenues mean the total charges for time, mileage, any and all insurance coverage charged
to the renter, any and all fees, plans, charges or surcharges of any kind whatsoever including but not limited
to roadside service fees, road side service plans, drop off fees, fuel fees, received or receivable, whether by
cash or credit, before any federal, state or local tax and after any discount specifically shown on the car
rental agreement for the rental of all motor vehicles by the operator to customers picked up at the airport for
and in connection with the rental of a motor vehicle regardless of where the payment is made or where the
vehicle is returned. It is the intent of the County that the definition of gross revenues be construed as broadly
as permitted by law and that the only exclusions to the definition of gross revenues shall be state, federal and
local taxes.
i) License Holder shall mean the individual, partnership, LLC or corporation that holds an
occupational license that is properly licensed by the State and County and the City of Key West if passengers
and/or baggage are to be delivered within the city of Key West, for the provision of transportation services
as a Charter Bus, Passenger Vehicle for Hire, Contract Vehicle for Hire, or Courtesy Vehicle.
j) Motor vehicle or vehicle shall mean any and all motor driven vehicles.
k) Operator means that person actually driving a bus, courtesy vehicle, vehicle for hire, contract
vehicle for hire, or delivery vehicle conducting commercial business at the Airport.
1) Passenger vehicle for hire shall mean a Taxi cab.
m) Person shall mean any individual, partnership, LLC or corporation.
n) Queuing area means that area of the Airport designated as the standing area for taxicabs. As set
forth in Exhibit "A," the queuing area shall include both the area incorporating allotted spaces 1-11 and the
area incorporating allotted spaces 12-1 7.
0) Permit decal shall mean a decal that is affixed to a License Holder's vehicle showing evidence
that the License Holder is in compliance with all State, County and City of Key West (if applicable)
regulations, and has paid the appropriate fees.
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p) Solicit or solicitation means to ask or advertise, through verbal request, by sign, or by mere physical
presence, if a potential customer desires transportation.
q) Standing (or stand) shall mean temporary parking during which the driver remains with the
vehicle.
r) The owner of a beneficial interest means an individual, corporation, LLC or partnership that does
not have title to a vehicle but has a right or rights in the vehicle that are normally considered an incident of
ownership.
Section 3. Exhibits. Exhibit A is a map depicting the various parking and standing areas at the Airport.
Exhibit B contains the insurance requirements for the types of vehicles operating at the Airport under the
terms of this Resolution. Exhibits A and B are attached to this Resolution and made part of it.
Section 4. Permitting: and fees.
a) A License Holder wishing to obtain an Airport Vehicle Permit or permit renewal must complete an
Airport Vehicle Permit application form for their appropriate service which provides evidence that the
applicant is in compliance with State, County and City laws, ordinances and resolutions that apply to the
applicant's operation; provide proof of the insurance for each vehicle required by this Resolution; and pay
the fee described in the following subsections. However, no City permit or license is required for license
holders who deliver passengers and/or baggage to destinations outside the City of Key West. The applicant
must disclose on the application form the ownership of the vehicle for which the permit is sought. If the legal
owner and the owner of a beneficial interest in the vehicle are different individuals, corporations, LLCs or
partnerships, the applicant must list the legal owner(s) and the owner(s) of any beneficial interests. An owner
that is a privately held corporation or LLC must list the officers and directors; an owner that is a partnership
must list the general partner(s); an owner who is an individual must disclose his or her legal name; an
applicant doing business as (d.b.a.) must disclose the entity that is using the d.b.a.name.
b) Airport permits shall be issued on a month to month basis. However, permits may be issued on a
one, two or three month basis, payable in advance, providing that all insurance requirements are in effect for
the period of time involved.
c) Courtesy vehicles
(1) Courtesy vehicle operators who wish to stop, stand, park, load, or pick up passengers at the
Airport must possess an Airport Courtesy Vehicle permit from the Airport Director for that privilege.
(2) The courtesy vehicle permit fees are:
(i) Except for off-site rental car courtesy vehicles, $400.00 per month per vehicle due
the first of each month. If the permit fee is not paid by the fifth day of each month or if the vehicle fails to
comply with any other applicable requirement of this Resolution, then the offending vehicle shall not provide
any service at the airport until the permit fee has been paid and, if applicable, any other violation of this
Resolution has been corrected.
(ii) Off-site rental car courtesy vehicles, any number, shall pay a vehicle permit fee
based on a percentage of annual gross revenues at a rate of 8% for all rental contracts generated from
customers picked up at the airport and shall be due and payable on the first day of the month following the
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generation of the rental contract. If the pemlit fee is not paid by the fifth day of each nlonth or if the vehicle
fails to comply with any other applicable requirement of this Resolution, then the offending rental car
company shall not provide any service at the Airport until the permit fee has been paid and, if applicable, any
other violation of this Resolution has been corrected. Off-site rental car courtesy vehicles shall maintain all
books, records, and documents directly pertinent to the calculation of the annual gross revenue in accordance
with generally accepted accounting principles consistently applied. The County or its designated
representative and the Monroe County Clerk of Court or his designated representative shall have reasonable
and timely access to such records. If an auditor employed by either the County or Clerk determines that the
off-site rental car company failed to remit the correct monthly payments as determined by the audit, the
company shall repay the delinquent monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were due to the County.
(iii) The courtesy vehicle permit decal must be affixed to the vehicle in the lower right
front (passenger side) windshield. Expired permit decals will be removed from the vehicle.
d) Charter buses
(1) Charter bus operators who wish to stop, stand, park, load, or pick up passengers at the
Airport must possess an Airport Charter Bus permit from the Airport Director for that privilege.
(2) The charter bus permit fees are $200.00 per vehicle per month due the first of each month.
If the permit fee is not paid by the fifth day of each month or if the vehicle fails to comply with any other
applicable requirement of this Resolution, then the offending vehicle shall not provide any service at the
airport until the permit fee has been paid and, if applicable, any other violation of this resolution has been
corrected.
(3) The charter bus permit decal must be affixed to the vehicle in the lower right front
(passenger side) windshield. Expired permit decals will be removed from the vehicle.
e) Passenger Vehicles For Hire and Contract Vehicles For Hire.
(1) Passenger vehicle for hire and contract vehicle for hire operators who wish to stop, stand,
park, load and pick up passengers at the Airport must possess an Airport Vehicle for Hire permit from the
Airport Director.
(2) Passenger vehicle for hire aed eontraet vehie1e for hire permit fees are $200.00 per vehicle
per month due the first of each month. If the permit fee is not paid by the fifth day of each month or if the
vehicle fails to comply with any other applicable requirement of this Resolution, then the offending vehicle
shall not provide any service at the Airport until the permit fee has been paid and, if applicable, any other
violation of this Resolution has been corrected.
(3) Contract vehicles for hire shall have the option of purchasing a monthly permit in advance
or paYing a monthly gross revenue fee in arrears. The permit fee for a permit purchased in advance is $200.00
per vehicle per month. If the contract vehicle for hire elects to purchase a permit based on each vehicles
monthly gross revenue derived from.passenger pick up at the airport, the permit fee shall be 10% of the gross
revenue derived from passenger pick up at the airport and shall be due and payable on the first day of the
month following the passenger pick up. If the permit fee is not paid by the fifth day of each month or if the
vehicle fails to comply with any other applicable requirement of this Resolution, then the offending vehicle
shall not provide any service at the Airport until the permit fee has been paid and, if applicable, any other
violation of this Resolution has been corrected. If the owner of the contract vehicle for hire obtains his/her
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pernlit based on the gross revenue method the owner shall maintain all books, records, and documents directly
pertinent to the calculation of the monthly gross revenue in accordance with generally accepted accounting
principles consistently applied. The County or its designated representative and the Monroe County Clerk of
Court or his designated representative shall have reasonable and timely access to such records. If an auditor
employed by the County or Clerk determines that the owner of the Contract Vehicle for Hire failed to remit
the correct monthly payments as determined by the audit, the owner shall repay the delinquent monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were due to the
County.
(4) The Passenger Vehicle for Hire permit decal or Contract Vehicle for Hire permit decal must
be affixed to the vehicle in the lower right front (passenger side) windshield. Expired permit decals will be
removed from the vehicle.
(f) Temporary permits may be issued on a daily basis at a cost of $10.00 per day per vehicle. An
applicant for a temporary permit must fill out the appropriate permit form required by the Airport Director;
which provides evidence that the applicant is in compliance with State, County and City laws, ordinances and
resolutions that apply to the applicant's operation; provide proof of the insurance required by this Resolution;
and pay the fee described. A vehicle is only eligible for a temporary permit for eight days per calendar year.
Any vehicle furnishing: Airport service in excess of eight days per calendar year must have a monthly permit
as appropriate to the airport service provided by the vehicle. The vehicle will not be eligible for a temporary
permit again until the beginning of the next calendar year.
Section 5. Unpermitted operators. The operators of vehicles for hire, contract vehicles for hire, courtesy
vehicles and chartered buses without an Airport permit may unload passengers at the Airport area designated
for general unloading. Unpermitted operators are prohibited from loading, picking up, or soliciting
passengers anywhere at the Airport.
Section 6. Parking and standing of vehicles.
a) General. Drop-off only is allowed curbside at the departure terminal for departing passengers.
Members of the public may load, pickup and unload passengers at the Airport only in areas
reserved for curbside passenger pickup. Arriving passengers may be picked up curb-side in
the area designated as curb-side passenger pickup as shown on exhibit "A".
b) Designated parking areas.
(1) Exhibit "A" describes different areas on the Airport grounds for the parking and
standing of vehicles. In addition to the public parking lot, there shall be nine spaces allotted to the public for
very short term (one hour maximum) to pick up arriving passenger's; 17 spaces allotted to taxicabs (in two
separate queuing areas); and four aifte spaces allotted to a combination of courtesy vehicles, CVH vehicles,
limousines, and other vehicles with intermittent use of the Airport transportation system (e.g. sightseeing
vehicles and trolleys). The Airport Director shall authorize an area for use by commercial delivery vehicles
and Charter Buses.
(2) A taxicab that is not a CVH, but whose driver has a manifest for a particular pickup
may park or stand in the area allotted to the public. A driver of a taxicab bearing a manifest shall be subject to
the rules governing courtesy vehicle operators set forth in sections 7 b) and c). In such instance, a manifest
may be in the form of a sign with the passenger's name on it.
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Section 7. Courtesy vehicle operations.
a) Operators of courtesy vehicles shall use the parking areas designated for courtesy vehicles as shown
on Exhibit" A". Except as provided herein, the use of the area reserved for courtesy vehicles by anyone other
than a courtesy vehicle is prohibited.
b) Operators of courtesy vehicles may enter the terminal arrival~ area to meet their passengers. These
operators shall display signs identifying themselves or identifYing the passengers they are seeking.
c) Operators of courtesy vehicles or their agents, employees, or accompanying personnel or other
person, shall not solicit business in any manner whatsoever anywhere at the Airport and shall not accept for
transport any individual without a reservation or a reservation request at the hotel, motel, resort facility or car
rental agency for which the courtesy vehicle provides transportation. Upon request of the Airport Director, or
his designee, the operator of a courtesy vehicle, or accompanYing personnel, shall furnish the Director or his
designee with the names of its customers as may be necessary to determine compliance with this subsection.
d) Courtesy vehicles shall display the name of the hotel, motel, resort facility, marina, off-site
rental company, or local attraction, and their logo. The display shall be permanently affixed to the
vehicle in a professional business graphic design.
Section 8. Charter Bus and delivery vehicle operations.
a) Only the operators of buses or delivery vehicles may stop, stand, park, load, unload or pick up
passengers at the Airport areas reserved for buses or delivery vehicles. The use of the area reserved for buses
or delivery vehicles by anyone other than bus or delivery vehicle operators is prohibited.
b) Operators of Charter Buses or their agents, employees, accompanYing personnel or other person
shall not solicit business in any manner whatsoever anywhere at the Airport and shall not accept for
transport any individual without a reservation. Upon request of the Airport Director, or his designee, the
operator of a Charter Bus, or accompanYing personnel, shall furnish the Director or designee with the
names of its customers as may be necessary to determine compliance with this subsection.
Section 9. Contract vehicles for hire. trolleys. sightseeing vehicles and limousine operations.
a) In waiting for, and in loading of passengers and luggage, contract vehicles for hire, trolleys,
sightseeing vehicles and limousine operators shall use the courtesy vehicle area as specified in Section 7
above.
b) Contract vehicles for hire, trolleys, sightseeing vehicles, and limousine operators and or their
agents, employees, accompanying personnel or other person may enter the terminal arrivals area to meet
their passengers. They shall display signs identifYing themselves or identifying the passengers they are
seeking.
c) These operators shall not at any time solicit customers in the terminal area, shall not have a
taximeter installed or engage in any transportation "on demand".
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Section 10. Taxicab operations. The following shall constitute the standards governing the conduct of
operations for taxicabs operating at the Airport:
a) The Airport Director shall establish a first-in, first-out system for taxicabs (passenger vehicles for
hire). There shall be two waiting areas outside the arrivals terminal, together known as the Queuing Area,
designated exclusively for taxicabs. The Queuing Area is specifically described in Exhibit "A." All drivers
in line in Queuing Area spaces 1 through 11 (as shown on exhibit A) shall remain with their vehicles unless
the driver is actively engaged in assisting a passenger. If a driver leaves his or her vehicle for any reason at
the time a fare is available, then the driver forfeits his or her right to the fare. A driver in line in Queuing area
spaces 12 through 17 may leave his or her vehicle only in order to use the bathroom or attend to an
emergency.
b) When the first driver in line in the Queuing Area obtains a fare, the next drivers shall move up to
the preceding spots. Jumping the waiting line or taking fares out of turn is not allowed.
c) If a driver loads a fare and seeks additional fares, the driver must move to the last available
space in the Queuing Area.
d) A driver may not refuse a fare. Selective screening of potential passengers is not allowed.
e) Taxicabs picking up lost baggage by previous arrangement with an airline may
park in the area in Exhibit "A" allotted to the public. In this circumstance, no soliciting or acceptance of other
fares is allowed.
f) If a group request for transportation to the first driver in line exceeds the capability of that
vehicle, the request shall be referred to the next driver in line that can accommodate the group,- or the
group may be broken into smaller groups with the permission of the passengers.
g) There shall be no shouting to or soliciting of passengers inside the terminal buildings.
h) No obscene language or rowdy or boisterous behavior by drivers shall be allowed.
i) When unloading passengers, a driver shall park the vehicles at the curb. No double parking shall
be allowed.
j) No double parking is allowed for cabs waiting to move into a taxicab parking spot.-
k) If a driver discovers or witnesses an alleged or suspected rule violation, he or she shall forward it to
Airport Security in written form within 24 hours.
1) While drivers are expected to make best efforts to police themselves, they are subject to the
direction of anyon-site representative of the Monroe County Sheriffs Department.
Section 11. Violations.
a) All operators of vehicles engaged in commercial activity at the Airport shall comply with this
Resolution.
b) First offense for any violation of the Resolution by an operator shall result in a written warning to
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th.e operator. Said warning shall be in the form of a Monroe County Sheriffs Office field contact. A copy of
the warning shall be forwarded to the License Holder of the vehicle and to the Airp<?rt Director for review
and archiving.
c) A driver who commits a second offense within a 12 month period shall result in the offending
driver being banned from operating a courtesy vehicle, a passenger vehicle for hire, or a contract vehicle for
hire on Airport property for a period of up to 14 consecutive calendar days. An operator so banned shall not
be allowed to drop off passengers. The ban shall not apply to the operator's use of the airport for the
operator's personal travel. The Monroe County Sheriffs Office shall prepare a report which shall be provided
to the Airport Director detailing the date, time and place of the offense as well as all previous offenses. The
Airport Director shall issue written notification to the offending driver informing the driver that his privilege
to operate at the Airport has been suspended and the effective dates of the suspension. A copy of the written'
notification shall be provided to the License Holder of the vehicle by certified mail at the address provided on
the license application.
d) A driver who commits 3 or more offenses within a 12 month period shall be subject to having his
privileges to operate at the airport revoked immediately. The Airport Director shall issue a written notice to
the offending driver informing the offending driver of the immediate revocation of operating privileges at the
Airport. An operator so banned shall not be allowed to conduct commercial activity of any kind including
pick up or drop off of passengers. The ban shall not apply to the operator's use of the airport for the operator's
personal travel. The offending driver can petition, in the form of a letter, for reinstatement of his privileges to
operate at the Airport upon the expiration of 90 calendar days from the effective date of revocation of
operating privileges. A copy of the written notification shall be provided to the License Holder of the vehicle
by certified mail at the address provided on the license application.
e) The Airport Director may request the Monroe County Sheriffs Office issue a trespass warning to
any driver whose privileges to operate at the Airport has been suspended. Any Driver who has been issued a
trespass warning by the Monroe County Sheriffs Office and returns to the Airport property during the term of
the suspension will be subject to arrest Under F.S. 810.09.
f) A driver cited under subsection c) or d) above may appeal in writing to the Airport Director within 7
calendar days of the written notification of the penalty. The Airport Director or his designee shall hold a
hearing on the appeal within 7 days (holidays and weekends excluded) of receipt of the appeal. Any penalty
imposed pursuant to subsection c) or d) above shall remain in force during the pendency of the appeal. All
appeals shall be informal in nature and strict rules of evidence shall not apply.
g) The failure to remit the
Section 12. The Airport Director shall have the authority to make adjustments to the ground transportation
system without obtaining an amendment to this Resolution. This authority is delegated in consideration of the
harmonious operation of the Airport. The Airport Director shall consult with those entities that provide
transportation services at the Airport before implementing changes to the plan. Any such changes shall be in
writing and affixed to this Resolution in the files of the County Clerk.
Section 13. Severability. If any section, subsection, sentence, clause, item, or provision of this Resolution is
held invalid, the remainder of this Resolution shall not be affected by such invalidity.
Section 14. Inconsistency. All Resolutions or parts of a Resolution in conflict herewith are hereby repealed
to the extent of such conflict.
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Section 15. Effective date.
This Resolution will take effect after the promulgation required in Sec. 332.08 (2) (b), Fla. Stat.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 15th day of July, 2009.
Mayor Neugent Yes
Mayor Pro Tern Murphy Yes
Commissioner Carruthers Yes
Commissioner Di Gennaro Yes
Commissioner Wigington Yes
BOARD OF COUNTY COMMISSIONERS
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INSURANCE REQUIREMENTS
INSURANCE
The insurance requirements for vehicles providing ground transportation at Key West International
Airport shall be as set forth in this Exhibit. Applicants applying for a permit discussed in Section 4 of this
Resolution must provide proof of insurance at least once every six (6) months or as requested by Airport
Management. This proof of insurance should be in a form of a Certificate of Insurance issued by a licensed
agent for the State of Florida. This certificate should be an original. In the description of operations section, it
should clearly state that this is a public livery policy where the insured charges a fee. If the vehicle were a
courtesy vehicle, this would not apply. Additionally, at least once per year, applicants will be required to
execute the "Indemnification and Hold Harmless" form contained in this Exhibit.
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Insurance requirements for all vehicles providing service at the airport shall be as described in Exhibit
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EXHIBIT B
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the
commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be maintained throughout
the life of the contract and include, as a minimum, liability coverage for:
* Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements
Administration Instruction VL2
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COUDty Attorney
RESOLUTION ~O. 109 - 200.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 1!7-
2000, ATrACIIED BERETO, WHICH PROVIDED A GROUND
TRANSPORTATION SYSTDf POR THE KEY WEST INTERNADONAL
AIRPORT; AMENDING SECTIONS 1,2,",6,7,1,',10 AND 11 TO PROVIDE
NEW REGULATIONS FOR THE STANDING AND PARKING 0'
TAXICABS, COURTESY VEHICLES AND OTHER MOTOR VEHICLES
A T TIll: AIRPORT TERMINALS; ADDING A NEW SJ:CrJON 12 TO
PROVIDE FOR AIRPORT DIRECTOR AUTHORITY TO MAD
ADJUSTMENTS TO THE GROUND TRANSPORTATION PLAN;
PROVIDING POR A REVISED MAP IN EXIIIBrr "A"; PROVIDING POR
SEVERABILITY; PROVIDING POR THE UPEAL 0. ALL
RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN
EPPECTIVE DATE.
WBJ:REAS, in 2008, the Key West lntematiOll8l Airpon intends to open a new
Terminal and to change the uses of the existing Terminal; and
WHEREAS, the Airpon Director, in conlllltation with local transportation entities, has
deveJoped a revised plan for the parkins. standing and circulation of vehicles at the Airport; and
WBJ:REA8, the Airport Director intends to implement the new ground transportation
plan to coincide with the openins of the Airport's new Terminal; and
WBJ:REAS, the County Commission finds that the new ground transportation plan,
embodied in this Resolution, is a fair and well-desisned system for the severa.llransportation
entities that serve the Airport;
NOW, THEREFORE. BE IT RESOLVED BY TIll: BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA TBA T:
Section 1. The foregoins recitals are incorporated herein by reference.
Section ~. Definitions,
a) Airport means the Key West International Airport.
b) Airpon Director or Director means the County employee charged with
managing the Airport or his designee.
c) Charter bus means a motor vehicle that is operated on a regular lICheduled route or is
chartered for a specific prearranged purpose and is designed to transpon more than fifteen
persons, including the driver.
d) Courtesy vehicle means a vehicle carrying passengers with reservations at a hotel.
motel. reson facility. marina, off-site rental company, or local attraction, without a fee charged
to the passenger and is owned or leased by the hotel, motel, resort facility, marina, off-site
rentaJ company or locaJ attraction.
A courtesy vehicle shalJ not mean a vehicle owned by a transportation or tour company which
itself is retained by the hotel, mote~ resort facility, marina, off-site rental company or local
attraction to perform a courtesy vehicle function.
e) Commercial activity shall mean the exchange, trading, buyin& hiring, or selling
of commodities, goods, information, services, or property of any kind, or any revenue
producing activity on the Airport.
t) Contract Vehicle For Hire (CVH) means a vehicle engaged in the transportation of
persona for compensation, rented or hired by prearranged contractual arrangement for specific
passengers on an itinerary list, not capable of carrying more than fifteen passengers, including
the driver. The definition ofa CVH shaJJ remain consistent with the definition contained within
the City of Key West Code of Ordinances. as amended.
g) Delivery vehicle means a vehicle delivering goods or services to County
personnel or tenants at the airport.
h) Gross revenues mean the total charges for time, mileage and personal accident
insurance, received or receivable. whether by cash or credit, before any federal, state or local
tax and after any discount specifically shown on the car rental asrcement for the rental of all
motor vehicles by the operator to customers picked up at the airport for and in connection with
the rental of a motor vehicle reprdlesl of where the payment is made or where the vehicle is
returned.
i) License Holder shall mean the individual, partnership. LLC or corporation that holds
an occupational license that is properly licensed by the State and County and the City of Key
West if passe.... and/or blfl888e are to be delivered within the city of Key West, for the
provision of transportation services u a Chaner Bus, Passenger Vehicle for Hire, Contract
Vehicle for Hire, or Courtesy Vehic)e.
j) Motor vehicle or vehicle shall mean any and all motor driven vehicles.
k) Operator means that person actually driving a bus, courtesy vehicle, vehicle for hire,
contract vehicle for hire, or delivery vehicle conducting commercial business at the Airport.
I) Passenger vehicle for hire shall mean a Taxi cab.
m) Person shall mean any individual, pannership, LLC or corporation.
n) Queuing area means that area of the Airport designated as the standing area for
taxicabs. As set forth in Exhibit" A, .. the queuing area shall include both the area incorporating
allotted spaces ) -) ) and the area incorporating aHatted spaces 12- J 7.
2
0) Pecmit de<:al shall mean I de<:al that is affixed to I License Holder's vehicle showins
evidence that the License Holder is in compliance with all State, County and City of Key Well
(if applicable) regulations. and has paid the appropriate fees.
p) Solicit or solicitation means to ask or advertise, through verbal request, by sisn. or by
mere physical presence, if a potential customer desires transportation.
q) Standing (or stand) shall mean temporary parking during which the driver remains
with the vehicle.
r) The owner of a beneficial interest means an individual, corporation. LLC or
partnership that does not have title to a vehicle but bas a right or rishta in the vehicle that are
normally considered an incident of ownership.
SectiQn J. Exhibits. Exhibit A is I map depic:tina the various parkins and standina Il'eU
at the Airport. Exhibit B contains the inlUl'allce requiremeuta for the typea of vehicl. operatill8
at the Airport under the terms of this Resolution. Exhibits A and B are attached to this
R.esolution and made part of it.
Section 41 Permittina: and fees.
a) A License Holder wishina to obtain an Airport VehicJe Permit or permit renewal
must complete an Airport Vehicle Permit application form for their appropriate service which
provide. evidence that the applicant is in compliance with State, County and City laws,
ordiDallCel and resolutions that apply to the applicant's operation; provide proof of the
inllU'llllCe for each vehicle required by this Resolution; and pay the fee deac:ribecl in the
followina subsections. However, no City permit or license is required for license holden who
deliver pas...... and/or bIgage to destinations outside the City of Key West. The applicant
must diJc:Joae on the application form the ownership of the vehicle file which the permit i,
1OU8ht. If the lepI owner and the owner of a beneficial interest in the vehicle are dift'erent
individuals, corporations, u.c, or partnershjps, the applicant mull I/st the lepI owner(s) IlId
the owner(s) of any beneficial interests. An owner that is a privately held corporation or u.c
must list the offic:era and directors; III owner that i, a pertDcnbip mull Iill the aeneraJ
partner(s); an owner who is III individual must diac:.loae hi, or her Iesal name; an applicant
doins business u (d.b.a.) must disclose the entity that is usinS the d.b.a.name.
b) Airport pennita shall be issued on a month to month basi,. However. permits may be
issued on a one, two or three month basis, payable in advance, providill8 that all inlUl'allce
requirements are in effect for the period of time involved.
c) Cowtesy vehicles
(I) Courtesy vehicle operators who wish to stop. stand, park. load, or pick up
pasaengers at the Airport mUll possess an Airport CoUrtesy Vehicle permit from the Airport
Director for that privilege.
(2) The courtesy vehicle permit fees are:
J
(i) Except for off-site rental car courtesy vehicles, $400.00 per month per
vehicle due the fast of each month. If the permit fee is not paid by the fifth day of each month or
if the vehicle fails to comply with any other applicable requirement of this Resolution, then the
otTending vehicle shall not provide any service at the airport until the permit fee has been paid
and, if applicable, any other violation of this Resolution has been corrected.
(ii) Off-site rental car courtesy vehic)e~ any number, shall pay a vehicle
permit fee based on a percentage of annual gross revenues at a rate of 8% for all rentaJ contracts
generated trom customers picked up at the airpon.
(Hi) The courtesy vehicle permit decal must be affixed to the vehicle in the
right rear window. Expired permit decals win be removed from the vehicle.
d) Charter buses
(I) Charter bus operators who wish to stop, stand, park, 10Id, or pick up
passengers at the Airport must possess an Airport Charter Bus pennit from the Airport Director
for that privilege.
(2) The charter bus permit fees are 5200.00 per vehicle per month due the first of
each month. If the permit fee is not paid by the tifth day of each month or if the vehicle fails to
comply witb any other applicable requirement ofthia Resolution, then the offendin. vehicle shall
not provide any service at the airport until the permit fee has been paid and, if appliC8ble, any
other violation of this resolution has been corrected.
(3) The charter bus permit decal must be affixed to the vehicle in the right rear
window. Expired permit decals will be removed Itom the vehicle.
e) Passenger Vehicles For Hire and Contract Vehicles For Hire.
(1) Passenger vehicle for hire and contract vehicle for hire operators who wish to
stop, stand, part, load and pick up passengers at the Airpon must possess an Airport Vehicle for
Hire permit from the Airport Director.
(2) Passenser vehicle for hire and contract vehicle for hire permit fees are 5200.00
per vehicle per month due the first of each month. If the permit fee is not paid by the fifth day of
each month or if the vehicle tails to comply with any other applicable requirement of this
Resolution, then the offending vehicle shall not provide any service at the Airport until the
permit fee has been paid and. if appliC8ble, any other violation of this Resolution has been
corrected.
(3) The Passenger Vehicle for Hire permit decal or Contract Vehicle for Hire
permit decal must be affixed to the vehicle in the right rear window. Expired permit decals will
be removed from the vehicle.
(f) Temponuy permits may be issued on a daily basis at a cost of $10.00 per day per
vehicle. An applicant for a temporary permit must fiU out the appropriate permit form required
by the Airport Director; which provides evidence that the applicant is in compliance with State,
County and City laws, ordinances and resolutions that apply to the applicant's operation; provide
4
proof of the insurance required by this Resolution; and pay the fee desaibed. A vehicle is only
eligible for a temporary permit for eight days per calendar year. Any vehicle furnishing: Airpon
service in excess of eight days per calendar year must have a monthly permit as appropriate to
the airport service provided by the vehicle. The vehicle will not be eligible for a temporary
permit again until the beginning of the next calendar year.
Section ~. Uqpennitted OJlertlors. The operators of vehicles for hire, contract vehicles
for hire, COUJtesy vehicles and chartered buses without an Airport permit may unload passengers
at the Airport area desisnated for general unloading. Unpermitted operators are prohibited Irom
10adiD& picking up. or soliciting pusensers Ulywhere at the Airport.
Section 6. Parkin, and standin, of vehicles.
a) General. Members of the public may load, pickup and unload paasensers at the
Airport only in areas reserved for &eneralloading and unloading II shown on
Exhibit A. Anyone may use the general loading and unloading area to unload
pusengers.
b) Designated parking areas.
(I) Exhibit" A" desaibes different areas on the Airport grounds for the
parking and ltanding of vehicles. In addition to the public parking lot, there shall be seven
IIp8CeS allotted to the public; 16 spaces allotted to taxicab. (in two 5epIrate queuina areas); and
nine spac:es allotted to a combination of COUrtesy vehicles. CVH vehiclfll, limousiaes, and other
vehicles with intermittent use of the Airport transportation system (e.g. .ightseeing vehicles and
trolleys). The Airport Director shall authorize an area for use by commercial delivery vehicles
and Charter Buses.
(2) A taxicab that i. not a eVIl, but whOle driver baa a manifest for a
particular pickup may park or stand in the area allotted to the public. A driver of a taxicab
beerillla manifest shall be subject to the ndes governing COUrtesy vehicle operators set forth in
sections 7 b) and c). In such instance, a manifest may be in the form of a sign with the
passenser's name on it.
Section 1. COUJt~y vehicle operatio~.
a) Operators of COUrtesy vehicles shall use the parking areas designated for courtesy
vehicles as shown on Exhibit "A.. Except as provided herein, the use of the area reserved for
courtesy vehicles by anyone other than. courtesy vebicle is prohibited.
b) Operators of courtesy vehicles may enter the terminal arrival. area to meet their
passengers. These operators shall display signs identifying themselves or identifying the
passengers they are seeking.
c) Operaton of courtesy vehicles or their agents, employees, or accompanyilll personnel
or other person, shall not solicit business in any manner whatsoever anywhere at the Airport and
shall not accept for transport any individual without a reservation or a reservation request at the
hotel, mote~ reson facility or car rental lI8ency for whicb the courtesy vehicle provides
5
transportation. Upon request of the Airport Director, or his designee, the operator of a courtesy
vehicle, or accompanying personnel, shall furnish the Director or his designee with the names of
its customers as may be necessary to determine compliance with this subsection.
d) Courtesy vehicles shall display the name of the hotel, motel, resort faciJity,
marina, off-site rental company, or local attraction, and their 1080. The display shall be
permanently affixed to the vehicle in a professional business graphic design.
Section 8. Charter Bus and deliverY vehicle o;erations.
a) Only the operators of buses or delivery vehicles may stop, stand, park, load, unload or
pick up passensers at the Airpon areas reserved for buses or delivery vehicles. The use of the
area reserved for buses or delivery vehicles by anyone other than bus or delivery vehicle
operators is prohibited.
b) Operators of Charter Buses or their agents, employees, accompanying personnel or
other person shall not solicit business in any manner whatsoever anywhere at the Airport and
shall not accept for transport any individual without a reservatioD. Upon request of the Airport
Director, or his designee. the operator of a Charter Bus, or accompanyinS penonnel, shall
furnish the Director or designee with the names of its customers as may be necessary to
detennine compliance with this subsection.
Section 9. Contract vehicles for hire. trolJ~1.. si,htseeill8 vehicles and limousine
operations.
a) In waiting for. Uld in loading of passengers and lusgage, contract vehicles for
hire, trolleys, sightseeing vehicles and limousine operators shall use the courtesy vehicle area as
specified in Section 7 above.
b) Contract vehicles for hire, trolleys, sightseeing vehicles, and limousine operators and
or their asents, employees, accompanying personnel or other person may enter the terminal
arrivals area to meet their passenprs. They shaD display sips identifying themselves or
identifying the pusensers they are seeking.
c) These operators shall not at any time solicit customers in the terminal area. shall not
have a taximeter installed or engage in any transportation "on demand".
Section 10. Taxicab Qneratiqns. The fonowing shall constitute the standards governing
the conduct of operations for taxicabs operatina at the Airport:
a) The Airport Director shall establish a first-in, first-out system for taxicabs (passenger
vehicles for hire). There shall be two waitins areas outside the arrivals terminal. together known
as the Queuing Area. designated exclusively for taxicabs. The Queuing Area is specifically
described in Exhibit" A" All drivers in line in Queuing Area spaces J through 11 (u shown on
exhibit A) shall remain with their vehicles unless the driver is actively ensaaed in usistin, a
passenger. If a driver leaves his or her vehicle for any reason at the time a fare is available. then
the driver forfeits his or her right to the fare. A driver in Hne in Queuing area spaces 12 through
17 may leave his or her vehicle only in order to use the bathroom or attend to an emergency.
6
b) When the first driver in line in the Queuing Area obtains a fare, the next drivers shall
move up to the preceding spots. Jumping tbe waiting line or taking fares out of turn is not
allowed.
c) If a driver loads a fare and seeks additional fares, the driver must move to the last
available space in the Queuing Area.
d) A driver may not refuse a fare. Selective screening of potential passengers is not
allowed.
e) Taxicabs picking up lost baggage by previous arr&nsement with an airline may
park in the area in Exhibit ,. A'" allotted to the public. In this circumstance, no soliciting or
acceptance of other fares is allowed.
f) If a group request for transportation to the first driver in line exceeds the capability
of that vehicle, the request shall be referred to the next driver in line that can accommodate
the group. or the group may be broken into smaller groups with the permission of the
passengers.
8) There shall be no shouting to or soliciting of passengers inside the terminal
buildings.
h) No obscene language or rowdy or boisterous behavior by drivers shall be allowed.
i) When unloading passengers. a driv.. shall park the vernel. at the curb. No double
parking shall be allowed.
j) No double parking is allowed for cabs waiting to move into a taxicab parkins spot.-
k) If a driver discovers or witnesses an allesed or suspected rule violation, he or she shall
forward it to Airport Security in written form within 24 hours.
I) While drivers are expected to make best efforts to police themselves, they are subject
to the direction of any on-site representative of the Monroe County Sheriff's Department.
Section 11. Violations.
a) AU operators of vehicles engaged in commercial activity at the Airport shaD
comply with this Resolution.
b) First offense for any violation of the Resolution by an oPerator shall result in a
written warning to the operator. Said wamil18 shall be in the form of a Monroe County Sheriffs
Office field contact. A copy of the warning shall be forwarded to the License Holder of the
vehicle and to the Airport Director for review and archiving.
c) A driver who commits a second offense within a 12 month period shall result in the
offending driver being banned from operatina a counesy vehicle, a passenger vehicle for hire. or
a cantraa vehicle for hire on Airport property for a period of up to 14 consecutive calendar days.
An operator so banned shall not be allowed to drop off passengers. The ban shaJJ not apply to the
7
operator's use of the airport for the operator's personaJ travel. The Monroe County Sheriff's
Office shall prepare a report which shall be provided to the Airport Director detailing the date,
time and place of the offense as well as all previous offenses. The Airport Director shall issue
written notification to the offending driver informing the driver that his privilege to operate at the
Airport has been suspended and the effective dates of the suspension. A copy of the written
notification shall be provided to the License Holder of the vehicle by certi fled mail at the address
provided on the license application.
d) A driver who commits 3 or more offenses within a 12 month period shall be subject to
having his privileges to operate at the airport revoked immediately. The Airport Director shall
issue a written notice to the offending driver informing the offending driver of the immediate
revocation of operating privileges at the Airport. An operator so banned shall not be allowed to
conduct commercial activity of any kind includinl pick up or drop off of pasenlen. The ban
shall not apply to the operator's use of the airport for the operator's personal travel. The
offending driver can petition, in the form of a letter, for reinstatement ofbis privileges to operate
at the Airport upon the expiration of 90 calendar days from the effective elate of revocation of
operating privileges. A copy of the written notification shall be provided to the License Holder of
the vehicle by certified mail at the address provided on the license application.
e) The Airport Director may request the Monroe County Sheriffs Office issue a trespus
wamins to any driver whose privileges to operate at the Airport has been suspended. Any Driver
who hu been issued a trespass waminl by the Monroe County Sheriffs Office and returns to the
Airport property durins the term of the suspension will be subject to arrest Under F.S. 810.09.
f) A driver cited under subsection c) or d) above may appeal in writins to the Airport
Director within 7 calendar days of the written notification of the penalty. The Airport Director or
his designee shalJ hold a hearing on the appeal within 7 clays (holidays and weekends excluded)
of receipt of tile appeal. Any penalty imposed pursuant to subsection c) or d) above shall remain
in force during the pendency of the appeal. All appeals shall be informal in nature and strict rules
of evidence shall not apply.
Section 12. The Airport Director shall have the authority to make adjustment. to the
around trUlSportatiOD system without obtainina an amendment to this Resolution. nus authority
is delegated in 'consideration of the harmonious operation of the Airport. The Airport Director
shall consult with those entities that provide transportation services at the Airport before
implementing changes to the plan. Any such chanlea shall be in writing and affixed to this
Resolution in the files of the County Clerk.
Section 13. Severability. If any section~ subsection, sentence, clause, item, or provision of
this Resolution is held invalid, the remainder of this Resolution shall not be affected by such
invalidity.
Section 14. Inconsistency. All Resolutions or parts of a Resolution in conflict herewith
are hereby repealed to the extent of such conflict.
Section J S. Effective date.
This Resolution will take effect after the promulgation required in Sec. 332.08 (2) (b),
Fla. Stat.
8
PASSED AND ADOPTED by tbe Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 16th day of April, 2008,
Mayor McCoy Yes
Mayor Pro Te.. Dl Geaaaro Yes
Commillioner Murphy Yes
COlDlDluioDer Neu.eat Yes
Commiuioner Spehar Yes
, ........
"
i=~ L KOLBAGE, CLERK
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Clerk
BOARD OF COUNTY COMMISSIONERS
0.. MONROE COUNTY, FLORIDA
By:
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EXHIBIT B
INSrRANCE REOUIREMENTS
The insurance requirements for vehicles providins ground transportation at Key West
International Airport shall be as set forth in this Exhibit. Applicants applyina for a permit
discussed in Section 4 of this Resolution must provide proof of insurance at least once every six
(6) months or u requested by Airport Manasement. This proof of insurance should be in a form
of a Certificate of Insurance issued by a licensed apnt for the State of Florida. This certificate
should be an orisinal. In the description of operations section. it should clearly state that this is .
public livery policy where the insured charies a fee. If the vehicle were a courtesy vehicJ, this
would not apply. Additionally, at least once per year, applicants will be required to execute the
"lndemnitication and Hold Harmless" fonn contained in this Exhibit.
Insurance requirements for all vehicles providing service at the airport shall be u described in
Exhibit B-1.
11
(
EXHIBIT 6-1
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
S 1 00,000 per Person
$300,000 per Occurrence
S 50,000 Property Damage
The Monroe County Board of County Commissioners sban be named as Additional
Insured on all policies issued to satisfy the above requirements
Administration Instruction VL2
12
CLERK'S CER TfFICA TE OF POSTING
r DANNY L. KOLHAGE, Clerk oflhe Circuit Court in and for Monroe County, State of
Florida, DO HEREBy CERTIFY that Re.voIution No. 109 -2008 amending Resolution No. J 57.
2000, which provided a ground transportation system for the Key West International Airport;
amending Section I, 2, 4, 6, 7, 8, 9, 10 and II to provide new regulations for the standing and
parking of taxicabs, courtesy vehicles and other motor vehicles and to provide for penalties for
violatiou of the regulations at the new Airport Terminal; adding a new Section 12 to provide for
Airport Director authority to make adjustments to the ground transpOrtation plan; providing for a
revised map in Exhibit U A" which was passed and adopted by the Board of County
Commjssioners of Monroe County, Florida at a resuJar meeting held on
April 16
2008.
That on ~ Z/
· 2008, I did post a copy of said Resolution pursuant to
Section 332.08 (2) (b), Florida Statute by posting for four (4) consecutive weeks a copy at tbe
front door of the County Courthouse of Monroe County, at Key West, State of Florida, it being
the place where Court is held in said County.
IN WITNESS WHEREOF, r have hereunto set my hand and seal of the Court, this
2.~1Iiiit. '-~ ' A.D., 2008.
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DANNY L KOLHAGE
Clerk 01 t.e Ci~uit Court
Monroe County, Florida
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Clerk
13