Resolution 141-2017County Administrator
RESOLUTION NO. 141 -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING RESOLUTION NO. 031-2016, ATTACHED HERETO, WHICH PROVIDED A GROUND
TRANSPORTATION SYSTEM FOR THE KEY WEST INTERNATIONAL AIRPORT; AMENDING
SECTIONS 2,4; AMENDING THE DEFINITION OF CONTRACT VEHICLE FOR HIRE TO INCLUDE
TRANSPORTATION NETWORK COMPANIES; ALLOWING TRANSPORTATION NETWORK
COMPANIES TO BE EXEMPT FROM CITY OF KEY WEST PERMIT REQUIREMENTS; ALLOWING
FOR AIRPORT PERMITS TO BE ISSUED ON GREATER THAN A MONTH BY MONTH BASIS IF
INSURANCE REQUIREMENTS ARE IN EFFECT FOR THE PERIOD OF TIME INVOLVED;
ELIMINATING THE OPTION FOR CONTRACT VEHICLES FOR HIRE TO PAY MONTHLY AIRPORT
PERMIT FEES IN ARREARS AND TO MAKE OTHER MINOR CHANGES IN THE DOCUMENT;
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 I. 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
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.
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 or rented or hired through a
digital network controlled by a Transportation Network Company (i.e., UBER, LYFT, etc.) for
specific passengers on an itinerary list, not capable of carrying more than fifleen passengers,
including the driver.
g) Delivery vehicle means a vehicle delivering goods or services to or from 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 ".
o) 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.
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. Permittina; 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 or for Transportation Network Company drivers. 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 or longer, payable in advance and
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, 5400.00 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.
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(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 generation of the rental contract. 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 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 pen 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 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 vehicle for hire permit fees are $200.00 per vehicle per month due the first of
each month. If the pen fee is not paid by the fifth day of each month or if the vehicle fails
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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.
(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.
Commercial drop -off only is allowed curbside at the departure terminal for departing
passengers. Members of the public may load, pickup and unload passengers curbside at the
departure terminal and in areas designated as public 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 lots, there shall be eleven (11) spaces
allotted to the public for short term pick up arriving passengers; twelve (12) spaces
allotted to taxicabs; and ten (10) spaces allotted to all other commercial vehicles
including charter /city bus, courtesy, contract and delivery vehicles. The Airport Director
may make other areas available for use by commercial delivery vehicles and charter /city
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 arrivals area to meet their passengers. These
operators shall display signs identifying themselves or identifying the passengers they are seeking.
e) 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 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,
except for standing vehicles only, standing vehicles shall immediately give way and vacate the
parking area to any bus or delivery vehicle needing that area.
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, trollevs, shihtseeins 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.
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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 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 a twelve (12) space waiting area outside the arrivals terminal, together known as
the Queuing Area, designated exclusively for taxicab parking. The Queuing Area is specifically
described in `Exhibit A." as Taxicab Parking All operators in Queuing Area spaces 1 through 6 shall
remain with their vehicles unless the operator is actively engaged in assisting a passenger, only
operators in spaces 1 through 3 will be allowed to load passengers into their vehicles. All operators in
Queuing Area spaces 7 through 12 shall remain with their vehicles unless they are using the airport
restroom facilities. If an operator leaves his or her vehicle for any reason at the time a fare is
available, then the operator forfeits their right to the fare.
b) When the first operator in line in the Queuing Area obtains a fare, the next operator (s) shall move up
in line. Jumping the waiting line or taking fares out of turn is not allowed.
c) Operators shall only load one fare at a time and shall immediately depart the airport to provide
transportation service for the fare paying passenger(s). Operators may not re -enter the queuing
area with a passenger in the cab.
d) Operators may not refuse a fare.
e) Taxicabs picking up lost baggage by previous arrangement with an airline may
park in the area in Exhibit "A" allotted to the public, under the same time limitations. 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 operators shall be allowed.
i) When unloading passengers, a operator 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 an operator 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 operators are expected to make best efforts to police themselves, they are subject to the
direction of any on -site representative of the Monroe County Sheriffs Department.
m) All operators shall wear at least one item of clothing clearly identifying them as an operator of the
cab company for which they are working for at that moment and thus providing a commercial
service at the airport for.
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n) All operators shall have a fully operating credit card system when providing commercial service at
the airport, if an operator's credit card system is not functioning, the operator shall not provide
service from the queuing area.
Section 11. Violations.
a) All operators of vehicles engaged in commercial activity at the Airport shall comply with this
Resolution.
b) A FIRST offense by an operator shall result in a written warning to the operator. 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. The Airport Director shall issue written notification to the
offending operator informing the operator that they have committed their first offense to the Airport's
Ground Transportation Resolution. A copy of the written notification shall also be provided to the
License Holder of the vehicle.
c) A SECOND offense by an operator within a 12 month period of the first offense, shall result in the
offending operator being banned from operating on the Airport property for a period of up to 14
consecutive calendar days. 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 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 thier 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.
d) A THIRD offense by an operator within a 12 month period of the second offense shall result in the
subject having their privilege to operate at the airport revoked immediately. The Airport Director
shall issue a written notice to the offending operator informing the offending operator 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. Time
ban shall not apply to the operator's use of the airport for the operator's personal travel. The
offending operator 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.
e) Time Airport Director or designee, may request the Monroe County Sheriffs Office issue a trespass
warning to any operator whose privileges to operate at the Airport has been suspended. Any operator
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) An operator cited under subsection b), 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 designee shall
review the written appeal and may 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.
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g) Any written appeal submitted later than 7 calendar days of the written notification of the offense shall
not be considered.
Section 12. Authority.
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.
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 day of May, 2017.
Mayor Neugent Yes
Mayor Pro Tem Rice Yes
Commissioner Kolhage Yes
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Commissioner Carruthers Yes r 'J, j
o N Cow missioner Murphy Yes
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C) BOARD OF COUNTY COMMISSIONERS
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i L r°a f OF MONROE COUNTY, FLORIDA
A; MADOK, CLERK
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Mayor/Chairman
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Exhibit A •
Ground Transportation Plan
Airport Parking & Standing Layout
BOCC - MAY 17, 2017
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All other commercial v_ ehicles
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Parking Area
1 - Total Space
Bus & Delivery Taxicab Parking Public Parking Public Parking Courtesy/Contract for
Vehicles Area ,2 Rows of 6 Spaces 6,- 30 minute Immediate Pick up / Hire/Limousines/other
1 - Total Space 112 - Total Spaces 2 - 1 Hr. Handicap Drop Off only commercial vehicles
8 - Total Spaces 3 - Total Spaces 8 - Total Spaces
EXHIBIT B - 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 pen 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 fonn 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.
Insurance requirements for all vehicles providing service at the airport shall be as described in Exhibit B.
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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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CLERK'S CERTIFICATE OF POSTING
I KEVIN MADOK, Clerk of the Circuit Court in and for Monroe County, State of Florida, DO HEREBY
CERTIFY that Resolution No. 141 -2017 amending Resolution No.031 -2016, which provided a ground
transportation system for the Key West International Airport; amending section 4 was passed and adopted by the
Board of County Commissioners of Monroe County, Florida at a regular meeting held on May 17, 2017.
That on June 2, 2017, 1 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 the 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, I have hereunto set any hand and seal ofthe Court, this 2 nd Day of June,
A.D. 2017.
KEVIN MADOK
Clerk of the Circuit Court
Monroe County, Florida
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