11-12-13 Workshop MeetingCITY COMMISSION LktLl?:X1 tff:1[ H
CITY OF DELRAY BEACH, FLORIDA
WORKSHOP MEETING - TUESDAY, NOVEMBER 12, 2013
6:00 P.M. DELRAY BEACH CITY HALL
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The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
WORKSHOP AGENDA
1. Discussion of Franchise and Garbage Cart Fee Analysis
2. Presentation regarding the Police and Fire Pension Plan
3. Proposed Ordinance for the Voting Process
4. Discussion of Chapter 119, "Vehicles for Hire"
5. Discussion of Commission Salaries
6. Discussion regarding Dogs on the Municipal Beach
7. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Lula Butler, Director, Community Improvement
THROUGH: Louie Chapman, Jr., City Manager
DATE: November 6, 2013
SUBJECT: AGENDA ITEM WS.1 - WORKSHOP MEETING OF NOVEMBER 12, 2013
DISCUSSION OF FRANCHISE AND GARBAGE CART FEE ANALYSIS
ITEM BEFORE COMMISSION
The item before Commission is consideration of proposed changes to the Franchise and Garbage Cart
fees.
BACKGROUND
Attached is the report and history of the franchise and garbage cart fees submitted to the City Manager.
Based on the findings and analysis, City Commission direction is needed on either reducing both fees,
eliminating one of the fees or other options.
RECOMMENDATION
Commission direction.
MEMORANDUM
To: Louie Chapman, Jr., City Manager
From: Lula Butler, Director, Community Improvement
Subject: Franchise and Cart Fee Analysis
Date: October 10, 2013
For the purposes of this report, our focus is on the Franchise and Cart fees that are additions to the
monthly garbage costs billed to residents, as directed by the Commission.
The $.90 cart fee was initially charged to residential customers beginning October, 1996 under Ordinance
33 -96, recommended and presented to the Commission by the Finance Director (Joe Safford). The $.90
was charged to residential customers receiving curb -side service using City - issued carts only. Residential
service categories of "rear- door" and "curb -side bags" were not charged this fee. The cart fee has not
changed since 1996. In 2012, the rear -door service for the Barrier Island was eliminated, new carts were
issued and the $.90 cart fee was charged to this area as of May 2012.
Under the same Ordinance (33 -96), all residential customers (regardless of service category) were
charged a 5% Franchise fee (calculated on the total monthly fee charged to the City by the contracted
waste hauler). In 2006 (Ordinance 50 -06), the Franchise fee was increased to 10 %. Again, this
recommendation was presented by the Finance Director and approved by the Commission.
In response to the Commission's request, to formulate the analysis and recommendation, staff considered
three (3) options: (1) keep the fees the same as they currently exists, (2) reducing both fees or (3)
eliminate one or both (Franchise and Garbage Cart Fee) as currently charged to residential properties as
part of the garbage fee. Our conclusions are based on the following:
• Billing and collection records between the Waste Hauler and the City from fiscal year 2011
through 2013 (the monthly revenue collected, adjusted for estimated bad debt) with a final focus
on FY 2013 and the new fee schedule and revenue projections approved in the FY 2014
Sanitation Budget.
• Actual expenditures for carts in comparison to revenue generated.
• Review of the current Sanitation Reserve Account Balance.
• Survey information obtained from other municipalities on Franchise Fees.
The Cart Replacement Analysis chart below details the average number of AGAR users for each fiscal
year, monthly rate charged and total annual fees, less uncollected revenue. We then compared the
average annual revenue to the cost for carts, which gives us the net amount that goes into the reserve
account each year. The Cart Replacement Analysis chart provides three (3) options for consideration:
The next chart represents the list of municipalities surveyed and information provided on Franchise fees.
Muni als
) r i chise Fee... °
.
Fiat F :e
CITY OF DELRAY BEACH
10%
Jupiter
3%
Palm Beach Gardens
CART REPLACEMENT ANALYSIS
Riviera Beach
$117,000 /month
Royal Palm Beach
6%
Tamarac
CART
NET
Wellington
AGAR
MONTHLY
ANNUAL UNCOLLECTIBLE
ESTIMATED
REPLACEMENT
AMOUNTTO
AVG # USERS
RATE
FEES AT 1.5%
REVENUES
COST
RESERVES
FY11
15,274
0.9
164,959 2,474
162,485
49,896
112,589
FY12
15,792
0.9
170,554 2,558
167,995
49,929
118,066
FY13
16,595
0.9
179,226 2,688.
176,538
56,930
119,608
AVG
15,887
0.9
171,580 2,574
109,006
52,252.
116,754
OP77ON 1
15,887
0 29
55,287 829
54,457
52,252
2,206
OPTION2
15,887
0.45
85,790: 1,287
84,503
52,252
32,251
OP710N 3
15,887
.' Ol
52,252
(52,252)
The next chart represents the list of municipalities surveyed and information provided on Franchise fees.
Muni als
) r i chise Fee... °
.
Fiat F :e
Delray Beach
10%
Jupiter
3%
Palm Beach Gardens
5%
Riviera Beach
$117,000 /month
Royal Palm Beach
6%
Tamarac
$100,000 /month
Wellington
5%
Staff Recommendation:
Based on the findings, staff is recommending option # 1, which reduces the cart fee from $.90 to $.29,
providing for a breakeven point with less than $2,000 going into the Annual Reserve Account annually as
we move forward, and the reduction of the Franchise Fee from 10% to 5 %. I have also attached summary
sheets with currently- approved rates along with the changes proposed under option #1 and the changes in
total annual revenues.
Curbside Rollout Carts (AGAR)
Garbage Collection
Recycling
Yard Trash
Total Fees - Contractor
Cart Replacement
Administrative Fee
Franchise Fees(10% of Contractor Fees)
Total Fees
Less C &D Credit
Total Fees After Credit
Rear -door Owner Container (BGAR)
Garbage Collection
Recycling
Yard Trash
Total Fees - Contractor
Administrative Fee
Franchise Fees(10% of Contractor Fees)
Total Fees
Less C &D Credit
Total Fees After Credit
Curbside Disposable Containers (CGAR)
Garbage Collection
Recycling
Yard Waste
Total Fees - Contractor
Administrative Fee
Franchise Fees(10% of Contractor Fees)
Total Fees
Less C &D Credit
Total Fees After Credit
SANITATION RATE PROPOSAL
CURRENT PROPOSED
FY14 RATE
6.61 6.61
2.68 2.68
2.68 2.68
11.97
0.90
0.35
1.20
14.42
(0.20)
14.22
FY14
17.38
2.68
2.68
FY14
22.74
0.35
2.27
25.36
(0.20)
25.16
11.97
0.29
0.35
0.60
13.21
(0.20)
13.01
PROPOSED
RATE
17.38
2.68
2.68
22.74
0.35
1.14
24.23
(0.20)
24.03
PROPOSED
RATE
DECREASE DECREASE
($1 (%1
0.61
0.60
1.21
1.21 8.51%
DECREASE DECREASE
($1 ( %1
1.13
1.13
1.13 4.47%
DECREASE DECREASE
($1 ( %)
4.47
4.47
2.68
2.68
2.68
2.68
9.83
9.83
0.35
0.35
0.98
0.49
11.16
10.67 0.49
(0.20) (0.20)
10.96 10.47
0.49 4.47%
Multi- Family Service (DGAR)
Garbage Coliection
Recycling
Total Fees - Contractor
Administrative Fee
Franchise Fee(10% of Contractor Fees)
Total Fees
Less C &D Credit
Total Fees After Credit
FY 14 CURRENT RATES:
ROLL OUT CARTS
REAR /SIDE DOOR
CURBSIDE DISPOSABLE CONTAINERS
MULTI - FAMILY
LESS UNCOLLECTIBLES
ESTIMATED RESIDENTIAL FEES
FY 14 PROPOSED RATES:
ROLL OUT CARTS
REAR /SIDE DOOR
CURBSIDE DISPOSABLE CONTAINERS
MULTI - FAMILY
LESS UNCOLLECTIBLES
ESTIMATED RESIDENTIAL FEES
PROPOSED DECREASE DECREASE
FY14 RATE ($) N
3.33
2.68
6.01
0.35
0.60
6.96
3.33
2.68
6.01
0.35
0.30 0.30
6.66 0.30
(0.10) (0.10)
6.86 6.56 0.30 4.390®
ESTIMATED DECREASE IN ANNUAL REVENUES 309,229
AVERAGE
ESTIMATED
#USERS
RATE
REVENUES
TYPE A
16,595
14.22
2,831,771
TYPE B
299
25.16
90,274
TYPE C
2,638
10.96
346,950
TYPE D
14,837
6.86
1,221,382
34,369
4,490,376
1.5%
(67,356)
4,423,021
AVERAGE
ESTIMATED
#USERS
RATE
REVENUES
TYPE A
16,595
13.01
2,590,811
TYPE B
299
24.03
86,220
TYPE C
2,638
10.47
331,438
TYPE D
14,837
6.56
1,167,969
34,369
4,176,438
1.5%
(62,647)
4,113,791
ESTIMATED DECREASE IN ANNUAL REVENUES 309,229
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SANITATION FUND BALANCE
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$11000,000
FY04F)
v � rruts FY09 FY10 FY11 �
FY12 FY13
Est.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: November 6, 2013
SUBJECT: AGENDA ITEM WS.2 - WORKSHOP MEETING OF NOVEMBER 12, 2013
PRESENTATION REGARDING THE POLICE AND FIRE PENSION PLAN
ITEM BEFORE COMMISSION
The item before Commission is a presentation regarding the Police and Fire Pension Plan.
Summary:
The Board of Trustees for the Delray Beach Police & Fire Pension Fund is made up of representatives
from both the Police and Fire departments along with representatives from the City of Delray Beach.
The main job of these Trustees is to administer the fund they oversee. To do this they hire professionals
in certain areas to provide them (Trustees) with information to make educated decisions pertaining to
the administration of pension funds.
Over time, the Board changes and each new Board is in charge of administering the fund as they find it
when the join the Board. It's the Board's duty to administer the plan the best they can at that specific
point. Since most Trustees aren't professionals in investment management, actuarial work, auditing and
legal one of the first jobs of any Board is to make sure the group of professionals in place are qualified in
their respective fields and able to deliver in their fiduciary duties to the fund.
Delray Beach is no different. Over the course of time they have competitively bid for the services of all
the professionals assisting them in the oversight of the Pension. Two of the most important
professionals in this process are the investment consultant and actuary. The City of Delray Beach
conducted a national search for both service providers and they have been on board since 2006
(consultant) and 2009 (actuary) respectively. Outlined below is information regarding both firms and
their qualifications in assisting public pension funds in Florida and around the United States.
The Bogdahn Group
The Bogdahn Group is an independent investment consulting firm founded in 2000 with a focus on
institutional clients with over $36 billion of assets under advisement. As an independent advisor, they
have no affiliation with any outside brokerage, investment manager, or custodian. This freedom from
potential conflicts allows The Bogdahn Group to present objective and unbiased information to clients.
The Bogdahn Group currently services over 200 public funds in the state of Florida from their Orlando
based headquarters, and has five additional satellite offices throughout the country. The Bogdahn
Group recognizes the value of experienced and highly educated professionals. They have built a team of
talented consultants, researchers, and analysts. Currently, they have a seasoned team of 41
professionals which includes 19 consultants who average 17 years of experience, nine CFA°
Charterholders, and 27 advanced degree holders. The sole mission of The Bogdahn Group is to provide
the best investment advice to their institutional clients.
Clients in Florida are serviced by a team of 9 investment consultants. The majority of those consultants
are based out of their Orlando office. In addition, they also have a 7 person research group, 5 dedicated
performance analysts and a 7 person internal consulting team. Teams are structured to provide the best
service possible.
Relationship with Delray Beach Police and Fire
The Bogdahn Group was hired by the Delray Beach Police & Fire Pension Board in the fourth quarter of
2006. After being hired Bogdahn conducted a full review of the plan's asset allocation and investment
manager lineup. The initial portfolio was allocated roughly 65% in equities and 35% fixed income and
cash. The assets were spread across four investment managers and were invested in US Large Cap Core
equity, US Large Cap Value equity, US Mid Cap Value equity, and US Small /Mid Cap Growth equity. The
large cap managers also invested in some international securities. When the Bogdahn Group was hired
a substantial portion of the investment managers were underperforming their respective indices and
the long term performance trailed the policy index.
Portfolio Restructure Process & Results
During 2007 The Bogdahn Group worked to improve the diversification of the fund by adding new asset
classes to the portfolio and changing the manager implementation within the asset classes already being
utilized. Along with educating the Board, The Bogdahn Group also met with the commission to discuss
the local ordinance and briefly overview the portfolio strategy going forward. The Commission at that
time had no questions and supported the direction outlined by The Bogdahn Group. The big change was
the addition of institutional real estate and the modification of the international equity portfolio with
the termination of Tradewinds and the hiring of Wentworth, Hauser & Violich. The Board also
segregated a Treasury Inflation Protected Securities mandate to offer diversification benefits very
cheaply and with high liquidity. In addition, the Board was educated on such topics as infrastructure and
hedge fund investing. The majority of the new allocations were funded with a reduction in the US
equity portfolio.
At 12/31/07 the portfolio was invested as follows:
44% US Equities
10% International Equities
30% US Fixed Income
9% Real Estate
7% Cash
The Wentworth, Hauser & Violich and TIPS mandate performed very well during the market downtown,
the main driver of underperformance was the 10% allocation to real estate along with underperforming
domestic growth managers. Besides the allocation to private real estate another manager that under-
performed during this time period was a holdover from the pre - Bogdahn portfolio. All investment
managers that The Bogdahn Group inherited were terminated by 2011.
After experiencing drawdowns in 2008 and early 2009, the real estate strategies have helped drive
returns for the plan from 2010 to 2013 with the fund outperforming the policy index significantly.
Please see Exhibit 1 with the trailing returns for the past 3 years. As you can see the fund has
outperformed in every time period.
Exhibit 1
As of 6/30/13
2013
YTD
Fiscal
YTD
Trailing
1 Year
Trailing
2 Year*
Trailing
3 Year*
Delray Beach Police & Fire
5.61%
7.4456
12.56%
7.06%
11.2456
Toal Fund Policy Index
4.50%
6.O6°a
10.31%
6.72%
10.55%
*Results greater than 1 year are annualized
2008 saw the addition of managers to the US equity portfolio as well as additional hires in timber and
international equity. The goal of these hires was to bring in additional manager talent and reduce the
plan's risk to any one individual investment firm.
At 12/31/08 the portfolio was allocated as follows:
41% US Equities
5% International Equity
29% US Fixed Income
9% Real Estate
4% Timber
13% Cash
During 2009 there was limited activity within the portfolio with the exception of a reduction in fixed
income assets and cash to fund increased allocations to US and International equities. The rebalance to
domestic and international stocks was hard to implement in 2009 based on the market sell off the
previous 12 months but it ended up being the exact right thing to do with markets rebounding during
the 1s' quarter of 2009 and appreciating more than 100% over the next 3 years. The Board was diligent
and put personal emotions on the sideline and invested as outlined in the Investment Policy Statement
to the benefit of the plan.
At 12/31/09 the portfolio was allocated as follows:
47% US Equities
14% International Equities
24% US Fixed Income
6% Real Estate
6% Timber
3% Cash
2010 saw the portfolio expand its fixed income portfolio to include allocations to non -US fixed income as
well as high yield bonds. The portfolio also added managed futures to its investment lineup as a return
diversifier. Managed futures was one asset class that held up extremely well in 2008, earning investors
positive returns and proving to be a true correlation benefit to equities in down markets. Managed
Futures were also added at a 5% allocation to help manage portfolio risk.
At the close of 2010 the portfolio was allocated as follows:
US Equity 39%
International Equity 15%
US Fixed Income 22%
Global Fixed Income 5%
Real Estate 7%
Alternatives 5%
Timber 5%
Cash 1%
During 2011 the portfolio improved its domestic equity portfolio with the addition of Sawgrass and
expanded its international allocation with a position in emerging markets equities. The fund also
replaced its long time fixed income manager. The theme with these changes was to expand
diversification for the overall portfolio while also making sure that the best possible managers were in
place.
As 2011 ended the portfolio was allocated as follows:
US Equity 41%
International Equity 13%
US Fixed Income 24%
Global Fixed Income 5%
Real Estate 7%
Alternatives 4%
Timber 5%
Cash 1%
During 2012 the portfolio did not change any managers within the portfolio. The current managers in
the portfolio were performing well and the Board was comfortable where they were positioned. To
complement what was currently in the fund The Bogdahn Group started to look for investment
opportunities that were available to institutional investors due to the economic collapse of 2008. What
The Bogdahn Group found, and subsequently educated the Board on, were opportunities that had been
created to purchase mispriced fixed income securities in the mortgage- backed and asset - backed area of
the fixed income market. After a thorough evaluation the Board decided to allocate 5% of the portfolio
to this space which has paid big dividends. In just over 12 months the investment has returned close to
30 %.
At the close of 2012 the portfolio was allocated as follows:
US Equity 34%
International Equity 14%
US Fixed Income 23%
Global Fixed Income 5%
Real Estate 7%
Alternatives 10%
Timber 5%
Cash 1%
In 2013 the board has stayed active in looking to lower the volatility of its international portfolio with
the addition of two new active managers. To fund this the Board terminated one manager that had done
very well but the Board thought was too volatile and also liquidated an index fund in the emerging
markets space. Also, the board spent the last half of 2012 learning about equity investments targeting
the energy space and made a small allocation there in the first half of 2013. In September the board
replaced its managed futures allocation with an income oriented strategy designed to produce a
consistent level of absolute returns to the plan structure. In addition the board made the decision to re-
allocate its real estate portfolio with the addition of a value added real estate investment. Both new
investments are designed to generate a high level of income to the plan while also creating the
opportunity for the plan to participate as prices of underlying securities and investments appreciate.
At every stage of the investment process since engaging the Bogdahn Group in 2006, the focus has been
on education, diversification, cost , liquidity, risk and return for the pension plan. The trustees have
spent hours listening to education from Bogdahn as well as industry professionals on strategies available
in the marketplace that can improve the overall risk return profile of the plan. It is only after this
exhaustive education process and in depth manager interviews that investments have been selected for
inclusion in the plan allocation. Looking forward from mid -2013 we view the fixed income market as
one that is fraught with risk for clients used to earning a consistent 5% to 8% from 40% to 50% of their
portfolio. With interest rates at rock bottom levels, we see no path for them but upward and with that
upward trend in interest rates, negative price movement will follow. Our reaction to this outlook has
been to maintain a large allocation within real estate as well as incorporating alternative fixed income
and higher yielding investments. We are very confident in our asset allocation and manager
implementation as outlined in the trailing returns post financial crisis of 2008 and early 2009. We feel
the Board will participate in market moves up while more importantly protecting capital on the
downside. Our consultant will continue to educate the Board along with the investment committee so
each Trustee has the best information to administer the fund from an investment standpoint.
CITY OF DELRAY BEACII
POLICE OFFICERS' AND FIREFIGHTERS'
RETIREMENT PLAN
ACTUARIAL EXPERIENCE STUDY
October 28, 2013
TABLE OF CONTENTS
Section Title Page
I Introduction 1
II Experience Analysis 2
III Exhibits and Charts
a. Exhibit A
Salary Increases 5
b. Exhibit B
Salary Increases by Credited Service 6
c. Exhibit C
Investment Experience
7
d. Exhibit D
Turnover Experience - Police Officers 8
Turnover Experience — Firefighters 9
e. Exhibit E
Normal Retirement Rates
10
IV Current Actuarial Assumptions and Methods 11
FOSTER & FOSTER
AND CONSULT1,,
October 28, 2013
Ms. Anne Woods
City of Delray Beach
609 Homewood Boulevard
Delray Beach, FL 33445
Re: Actuarial Experience Study
Dear Anne:
As requested, we have performed an experience study determined as of October 1, 2012. In the
course of the analysis, we compiled plan experience from the annual valuations performed since
October 1, 1982. The purpose of this study is to review the current actuarial assumptions to
determine which changes, if any, are necessary in order to achieve the objective of developing
costs that are stable, predictable, and represent our best estimate of anticipated experience. As
you are aware, the ultimate cost of your retirement plan is independent of any actuarial
assumptions or methods. This cost will be the sum of the benefits paid from the plan and the
administrative expenses incurred, less any net investment gains received.
The specific assumptions investigated included salary increases, investment return, termination
rates (turnover), mortality rates, retirement rates, percent married, spousal age difference, payroll
growth and actuarial cost method.
The balance of this Report presents details of the experience analysis. The undersigned looks
forward to meeting with the Board of 'Trustees in order to discuss the Report and answer any
pending questions concerning its contents. The undersigned is familiar with the immediate and
long -term aspects of pension valuations, and meets the Qualification Standards of the American
Academy of Actuaries necessary to render the actuarial opinions contained herein. All of the
sections of this report and the October 1, 2012 valuation report are considered an integral part of
the actuarial opinions.
Respectfully submitted,
FOSTER & FOSTER, INC.
By.
Lu
Bradley . H °einrichs, FSA, EA MAAA
13420 Parker Commons Blvd., Suite 104 Fort Myers, FIL 33912 • (239) 433 -5500 - Fax (239) 481 -0634 - www.foster- foster.com
- «0)42 -L
EXPERIENCE ANALYSIS
Salary Increases - Review of the program's experience indicates that the current 6.25% salary
scale assumption is somewhat conservative relative to the actual increases over the 20 years
ending September 30, 2012 (Exhibit A). Exhibit B shows the average salary increase from
October 1, 2006 through September 30, 2012 by Credited Service. As can be seen, the average
salary increase for Members with less than 10 years of service is 6.3 %, while the average salary
increase for those with 10 or more years of credited service is 4.7 %. There appears to be
justification for decreasing the rate for Members with more than 10 years of Credited Service
based on historical evidence. Because of possible long range budgeting considerations, however,
it is our recommendation that the Board invite input from the City regarding anticipated future
increases. For discussion purposes, our analysis includes a change in the salary scale assumption
to 6.25% for Members with less than 10 years of Credited Service and 5.0% for Members with
10 or more years of Credited Service. The impact of this change is an estimated 2.3 % of payroll
savings.
Investment Return - As can be seen in Exhibit C, the average investment return over the last 30
years is 8.4 %, slightly above the current 8.0% assumption (net -of- fees). It is important to note
for returns prior to 9/30/2007 do not incorporate fees. However, the 25 year average was 7.2 %.
As with any assumption, however, past performance may not be a true indicator of future results.
If the Board wishes to amend this assumption going forward, it is recommended that the advice
of the performance monitor be sought in order to determine whether the current asset allocation
and anticipated returns for the capital markets justifies any revision. For discussion purposes, we
looked at lowering the investment return assumption to 7.75% and 7.9 %.
Turnover Rates - We are proposing a change to the turnover assumption as set forth in Exhibits
D (Police and Fire) in anticipation that future experience will more closely mirror experience
realized since October 1, 2006. The proposed assumption multiplies the current rates times 75 %,
but assumes no turnover after the attainment of 15 years of Credited Service. There has been
less experience than anticipated during this period. The recent experience shows that there have
been no terminations for Members once they reach 15 years of Credited Service. This is likely a
function of the current benefit structure that provides an increase in the accrual rate upon the
attainment of 20 years of Credited Service. The cost associated with this change is 2.5% of
payroll.
Mortality Rates - Currently, it is assumed that mortality rates follow the RP 2000 Combined
Healthy Table with no projection with disabled lives set forward five years. We do not
recommend changing this assumption for healthy lives. Based on a study of over 650 public
safety funds we found that this table reflects a 10% margin for future mortality improvements.
We do however propose a change to the RP2000 Disabled Table for disabled lives. The annual
cost savings associated with changing to the new mortality table for disabled lives is 0.4% of
payroll.
Retirement Rates — Since your plan offers the option to enter the DROP once the
participant has at least 20 years of service, the vast majority of participants are electing to
either retire or enter the DROP at some point between 20 and 25 years of service,
regardless of age. Based on experience realized since October 1, 2006, we recommend a
slight change to the retirement rates between 20 -25 years of service. This change has a
minimal impact on the funding requirements.
Percent Married — The plan's normal form is a 10 year certain and life benefit for non - married
Members and a 60% Joint and Survivor annuity for married Members, thus the percent married
assumption has an impact on the projected retirement benefits. Currently the assumption is that
100% of active Members will be married at the time of retirement. We looked back at the
information provided at retirement and found roughly 83% of Members have been married at the
time of retirement. Reflecting this information, we recommend changing the assumption from
100% to 85 %. This change results in an overall 0.9% cost savings.
Spousal Age Difference Along with the Percent Married assumption, the number of years
older the husband is than the wife is used to project the retirement benefits for the active
Members. As of October 1, 2012, 88% of the active Members are male which means that the
larger the spousal age difference, the more valuable the 60% Joint and Survivor annuity will be.
Currently it is assumed that the husband is three years older than the wife. Looking back at the
information provided for benefit calculations of married retirees, the average age difference was
2.5 years. We do not recommend a change to the assumption at this time.
Payroll Growth Assumption — Currently the plan utilizes a payroll growth assumption of up to
4.0% per year. The payroll growth is limited by Florida Statutes to not exceed the 10 year
average annual payroll growth. As of 10/1/2012 this 10 -year average was 2.5 %, resulting in a
2.5% payroll growth assumption used to compute costs. Currently, the 2.5% payroll growth
assumption results in an initial negative amortization as the payment is less than the 8.0%
interest charge on the current Unfunded Actuarial Accrued Liability. Lowering the payroll
growth assumption to 1.25% eliminates this initial negative amortization. This results in a cost
to the plan of 4.6% of payroll.
Actuarial Cost Method - Your plan currently uses the Entry Age Normal Actuarial Cost
Method, where actuarial gains and losses are identified and amortized over a 30 -year period.
This methodology typically lends itself to more stability as a percentage of payroll, which is the
primary goal for funding defined benefit plans. Over 90% of the public pension plans in the
State of Florida currently use this method, therefore, we do not recommend making a change to
the cost method.
4
Funding Requirements for Assumption Changes
The impacts of the proposed changes on the results of the October 1, 2012, actuarial valuation
(as applicable to the fiscal year ending September 30, 2014) are as follows:
City & State Funding
as % of Payroll
Change
Increase (Decrease)
Current Assumptions
60.6%
N/A
N/A
Payroll Growth: 1.25%
65.2%
4.6%
829,948
Investment Return
7.75%
63.6%
3.0%
528,245
7.90%
61.8%
1.2%
209,277
(A) Change to Salary Scale
58.3%
(2.3 %)
(502,091)
(B) Turnover
63.1%
2.5%
446,793
(C) Disabled Mortality Rate
60.2%
(0.4 %)
(65,326)
(D) Retirement Rates
60.6%
0.0%
(9,674)
(E) Percent Married
59.7%
(0.9 %)
(159,957)
All Changes (A) — (E)
59.5%
(1.1 %)
(273,148)
All Changes Except (B) and (D)
57.0%
(3.6 %)
(725,601)
Payroll Growth: 1.25% +
All Changes Except (B) and (D)
61.5%
0.9%
102,985
5
Exhibit A
SALARY INCREASES
10/1/1982 THROUGH 9/30/2012
Average
Individual Salary Salary Scale
Year Ending Increase Assumption
9/30/2012
-2.7%
6.25%
9/30/2011
4.6%
6.25%
9/30/2010
4.2%
6.25%
9/30/2009
7.5%
6.25%
9/30/2008
8.2%
6.25%
9/30/2007
10.2%
6.0%
9/30/2006
7.3%
6.0%
9/30/2005
7.3%
6.0%
9/30/2004
8.7%
6.0%
9/30/2003
8.0%
6.0%
9/30/2002
6.9%
6.0%
9/30/2001
9.0%
6.0%
9/30/2000
7.3%
6.0%
9/30/1999
7.5%
6.0%
9/30/1998
3.5%
7.0%
9/30/1997
6.2%
7.0%
9/30/1996
5.6%
7.0%
9/30/1995
3.6%
7.0%
9/30/1994
3.4%
7.0%
9/30/1993
3.9%
7.0%
9/30/1992
4.4%
8.5%
9/30/1991
8.3%
8.5%
9/30/1990
9.9%
8.5%
9/30/1989
7.3%
7.0%
9/30/1988
11.4%
7.0%
9/30/1987
11.5%
7.0%
9/30/1986
9.7%
7.0%
9/30/1985
9.4%
7.0%
9/30/1984
6.7%
7.0%
9/30/1983
3.9%
7.0%
9/30/1982
16.2%
7.0%
5 Year Average
4.3%
10 Year Average
6.3%
15 Year Average
6.5`%
20 Year Average
6.0%
25 Year Average
6.4%
30 Year Average
6.7%
Exhibit B
SALARY INCREASES BY CREDITED SERVICE
10/1/2006 THROUGH 9/30/2012
Salary Increases by Credited Service
0-9
Actual Salary Increases Curr'eut Assumption Proposed Assumption
dAverage
Salary Increase
6.3% 6.25% 6.25%
Number of Members
781
u
10+
o
Average Salary Increase
4.7% 6.25% 5.00%
ca
Number of Members
594
j.
Total Average Salary Increase
5.6%
Total Number of Members
1,375
7
Exhibit C
IN VESTMENT EXPERIENCE
10/1/1982 THROUGH 9/30/2012
Market
Investment Investment
Year Ending Return Assumption
9/30/2012
16.0%
8.0%
9/30/2011
1.2%
8.1%
9/30/2010
8.3%
8.2%
9/30/2009
-1.7%
8.3%
9/30/2008
-17.7%
8.4%
9/30/2007
12.6%
8.5%
9/30/2006
7.5%
8.5%
9/30/2005
9.3%
8.5%
9/30/2004
10.4%
8.5%
9/30/2003
16.2%
8.5%
9/30/2002
-9.8%
8.5%
9/30/2001
-6.9%
8.5%
9/30/2000
10.0%
8.5%
9/30/1999
7.7%
8.5%
9/30/1998
10.8%
8.5%
9/30/1997
23.3%
8.5%
9/30/1996
12.8%
8.5%
9/30/1995
18.9%
8.5%
9/30/1994
-2.0%
8.5%
9/30/1993
9.2%
8.5%
9/30/1992
11.9%
8.5%
9/30/1991
19.4%
8.5%
9/30/1990
6.2%
8.5%
9/30/1989
12.3%
7.0%
9/30/1988
3.7%
7.0%
9/30/1987
12.8%
7.0%
9/30/1986
18.6%
7.0%
9/30/1985
16.6%
7.0%
9/30/1984
9.0%
7.0%
9/30/1983
17.9%
7.0%
9/30/1982
20.5%
7.0%
5 Year Average
0.5%
10 Year Average
5.7%
15 Year Average
4.5%
20 Year Average
6.3%
25 Year Average
7.2%
30 Year Average
8.4%
A
E
w
0
bn
d
Exhibit D (Firefighters)
TURNOVER DATA FOR FIREFIGHTERS BY AGE AND CREDITED SERVICE
10/1/2006 THROUGH 9/30/2012
Years of Credited Service
Current
0-14
15 - 19
Grand Total
Assumption
20 -29
Number of Members
157
01
157
Number of Terminations
2
0
2
Turnover
1.3%
0.0%
1.3%
8.0%
30 -39
Number of Members
212
30
242
Number of Terminations
4
0
4
Turnover
1.9%
0.0%
1.7%
6.0%
40-49
Number of Members
89
125
214
Number of Terminations
0
0
0
Turnover
0.0%
0.0%
0.0%
0.0%
Total Number of Members
458
155
613
Total Number of Terminations
6
01
6
Total Turnover
1.3%
0.0%1
1.0%
4.4%
on
Exhibit D (Police Officers)
TURNOVER DATA FOR POLICE OFFICERS BY AGE AND CREDITED SERVICE
10/ 1 /2006 THROUGH 9/30/2012
Years of Credited Service
Current
0-14
15 - 19
Grand Total
Assumption
20-29
Number of Members
169
0
169
Number of Terminations
9
0
9
Turnover
5.3%
0.0%
5.3%
12.0%
30-39
Number of Members
314
17
331
Number of Terminations
17
0
17
Turnover
5.4%
0.0%
5.1%
10.0%
40-53
Number of Members
106
93
199'�
Number of Terminations
1
0
1
Turnover
0.9'%
0.0%
0.5%
2.0%
Total Number of Members
589
110
699
Total Number of Terminations
27
0
27
Total Turnover
4.6%
0.0%
3.9%
8.2%
10
Exhibit E
NORMAL RETIREMENT RATES
10/1,12006 THROUGH 9(3012012
*Members who have attained age 55 or 25 Years of Credited Service are assumed to retire immediately.
Years of Credited Service
<20
20
21
22
23
24
Grand Total
<55
Number of Members
0
60
30
21
16
10
137
°
E
Number of Retirements
0
25
7
6
6
8
52
Turnover
0.0%
41.7%
23.3%
28.6%
37.5%
80.0%
38.0%
0
55+
Number of Members
16
3
l
1
1
2
24
Number of Retirements
0
2
1
0
0
1
4
Turnover
0.0%
66.7%
100.0%
0.0%
0.0%
50.0%
16.7%
Total Number of Members
16
63
31
22
17
12
161
Total Number of Retirements
0
27
8
6
6
9
56
Retirement Rates
0.0%
42.9%
25.8%
27.3%
35.3%
75.0%
34.9
Current Assumption*
25.0%
10.0%
10.0%
25.0%
25.0%
Proposed Assumption*
25.0%
15.0%
15.0%
25.0%
30.0%
*Members who have attained age 55 or 25 Years of Credited Service are assumed to retire immediately.
11
ACTUARIAL ASSUMPTIONS AND METHODS
Mortality Rate
Interest Rate
Retirement Age
Disability Rate
Termination Rate
Salary Increases
Early Retirement
Cost -of- Living Adjustment
Administrative Expenses
Payroll Growth
Married
RP -2000 Table with no projection — Based on a
study of over 650 public safety funds, this table
reflects a 10% margin for future mortality
improvements. Disabled lives set forward 5
years.
8.0% per year compounded annually,
net of investment related expenses.
25% retire on normal retirement date; 10%
retire each of the next two years; 25% retire in
each of the third and fourth years following
normal retirement date; and 100% retire the fifth
year following normal retirement date.
See table below. Table updated since 2006
based on experience study.
See table below. Tables updated since 2006
based on experience study.
6.25% per year until the assumed Retirement
Age. See table below.
No Early Retirement is assumed.
1.0% per year for those that retire after
10/1/1993.
Expenses paid out of the fund other than
investment - related expenses are assumed to be
equal to the average of actual expenses over the
two previous years.
4,0% per year (2.5% used for 10/1/2012 valuation).
100% are assumed married.
Funding Method Entry Age Normal Actuarial Cost Method.
Police Officers -
% Terminating
During the Year
12.0%
10.0
2.0
0.0
% Becoming Disabled
During the Year
0.07%
0.09
0.15
0.50
12
Firefighters -
% Terminating
Age
During the Year
20
8.0%
30
6.0
40
0.0
50
0.0
Police Officers -
% Terminating
During the Year
12.0%
10.0
2.0
0.0
% Becoming Disabled
During the Year
0.07%
0.09
0.15
0.50
12
Current Salary
as a % of Salary
Age
at Age 53
20
13.5%
30
24.8%
40
45.5%
50
83.4%
Police Officers -
% Terminating
During the Year
12.0%
10.0
2.0
0.0
% Becoming Disabled
During the Year
0.07%
0.09
0.15
0.50
12
WWW.BOGDAHNGROUP.COM
Delray Beach Police Officers'&
Firefighters' Retirement System
Monthly Flash
September 30, 2013
THE
e7��)
BOGDAHN
GROUP.
�I s41111)1iftillg your investinent and fiduchuy decisions
Asset Allocation & Performance
Delray Beach Police Officers' & Firefighters' Retirement System
Asset Allocation and Performance Monthly Flash
As of September 30, 2013
Allocation Performance( %)
Market o Inception
/o
Value MTH QTD YTD FYTD 1 YR 2 YR 3 YR 6 YR Inception Date
Total Fund (Net)
140,119,214
100.00
2.29
3.33
9.08
10.97
10.97
13.84
9.48
6.90
Total Fund Policy
2.91
3.89
8.58
10.19
10.19
12.67
9.05
6.99
Domestic Equity Managers
nw�
FM
Delaware Value
19,172,917
13.68
2.67
4.82
22.70
24.74
24.74
27.24
19.86
13.47
Russell 1000 Value
2.51
3.94
20.47
22.30
22.30
26.54
16.25
8.86
Sawgrass Large Growth
18,827,203
13.44
2.77
7.69
23.11
18.74
18.74
23.94
N/A
N/A
Russell 1000 Growth
4.46
8.11
20.87
19.27
19.27
24.13
16.94
12.07
Total Growth (Composite)
18,827,203
13.44
2.77
7.69
23.11
18.74
18.74
23.94
8.19
Russell 1000 Growth Index
4.46
8.11
20.87
19.27
19.27
24.13
M
12.07
Lazard SMid Core
7,623,860
6.37
4.69
9.77
26.29
31.12
31.12
30.63
16.80
N/A
Russell 2500
5.73
9.08
25.89
29.79
29.79
30.36
18.44
12.68
Orleans Capital Energy Fund
4,064,699
2.90
4.28
8.11
N/A
N/A
N/A
N/A
N/A
N/A
OIH /XLE Blended Index
3.42
8.13
19.49
16.39
16.39
18.11
11.39
3.80
Total Domestic Equity
49,688,668
36.39
3.11
6.69
22.48
22.60
22.60
24.94
17.16
11.09
Domestic Equity Policy
3.78
6.33
21.70
22.03
22.03
25.78
16.71
10.57
International Equity Managers
RBC Int'I (Voyageur)
7,427,168
6.30
4.96
8.88
19.36
27.64
27.64
26.19
13.28
12.66
MSCI EAFE (net) Index
7.39
11.56
16.14
23.77
23.77
18.66
8.47
6.35
Vontobel International Equity Fund
6,043,708
4.31
4.66
6.66
N/A
N/A
N/A
N/A
N/A
N/A
MSCI AC World ex USA (Net)
6.95
10.09
10.04
16.48
16.48
15.48
5.95
6.26
Wells Fargo Emerging Markets Equity
7,134,236
6.09
4.30
3.10
N/A
N/A
N/A
N/A
N/A
N/A
MSCI Emerging Markets (Net)
6.50
5.77
-4.35
0.98
0.98
8.67
-0.33
7.23
Total Int'I Equity
20,606,101
14.71
4.66
6.23
9.64
16.48
16.48
19.00
8.04
7.67
International Policy
6.95
10.09
10.04
16.48
16.48
15.48
5.95
5.40
Total Equity
70,193,669
60.10
3.62
6.66
18.76
20.96
20.96
23.42
14.74
9.98
Equity Policy
5.20
8.02
16.41
19.62
19.62
21.16
11.84
8.13
Page 1
4.24 10/01/2006
5.12
6.20 12/01/2007
3.59
17.27 08/01/2011
14.94
1.00 07/01/2007
6.22
16.70 02/01/2010
19.07
10.60 06/01/2013
8.49
6.80 10/01/2006
6.65
2.83 12/01/2007
-1.04
1.16 02/01/2013
5.74
-3.68 03/01/2013
-4.45
3.46 06/01/2007
-0.94
6.29 10/01/2006
4.84
Page 2
Delray Beach Police Officers' & Firefighters' Retirement System
Asset Allocation and Performance Monthly Flash
As of September 30, 2013
Allocation
Performance( %)
Market
Inception
Value
o
/o
MTH
QTD
YTD
FYTD
1 YR
2 YR
3 YR
6 YR
Inception
Date
Domestic Fixed Income Managers
Mutual of America Core Fixed
2491689007
17.26
1.00
0.90
-1.29
-0.99
-0.99
3.04
N/A
N/A
3.93
07/01/2011
Barclays Aggregate Index
0.95
0.57
-1.89
-1.68
-1.68
1.68
2.86
5.41
Mutual of America TIPS
690679092
3.62
1.32
1.21
-3.91
-2.48
-2.48
3.42
4.86
6.02
4.76
04/01/2008
Tips Policy
:5
0.70
-6.74
-6.10
-6.10
1.22
4.02
5.06
4.07
Total Domestic Fixed Income
2992369099
20.86
1.06
0.96
-1.76
-1.24
-1.24
3.14
3.66
6.66
4.89
10/01/2006
Fixed Policy
1.02
0.59
-2.63
-2.35
-2.35
1.62
3.04
5.29
5.00
Global Fixed Income Managers
Templeton Global Total Return
691879168
4.42
2.83
1.19
0.62
6.29
6.29
10.47
N/A
N/A
6.36
07/01/2011
Barclays Multiverse
2.04
2.82
-1.94
-2.22
-2.22
1.60
2.34
5.35
Total Global Fixed Income
691879168
4.42
2.83
1.19
0.62
6.29
6.29
10.47
6.70
N/A
7.44
07/01/2010
Barclays Multiverse
2.04
2.82
-1.94
-2.22
-2.22
1.60
2.34
5.35
_
PIMCO DiSCO II "
898119096
6.29
0.81
2.26
8.66
16.91
16.91
N/A
N/A
N/A
26.26
04/01/2012
Total Fixed Income
4492339362
31.67
1.26
1.24
0.46
2.82
2.82
7.21
6.83
7.00
6.78
10/01/2006
Fixed Policy
1.02
0.59
-2.63
-2.35
-2.35
1.62
3.04
5.29
5.00
Total Real Estate
Quadrant Real Estate
491839091
2.99
1.30
-1.07
0.73
2.61
2.61
8.60
9.39
7.96
-4.46
10/01/2007
Quadrant Custom Policy
1.30
-1.07
0.65
2.67
2.67
6.05
5.74
8.94
7.61
American Core Realty
690019384
4.28
3.40
3.40
9.63
12.27
12.27
11.91
13.29
0.19
1.71
07/01/2007
NCREIF ODCE
3.50
3.50
10.38
12.82
12.82
12.21
14.19
0.64
Total Real Estate
1091849476
7.27
2.63
1.62
6.74
8.40
8.40
10.68
11.81
3.06
07/01/2007
NCREIF ODCE
3.50
3.50
10.38
12.82
12.82
12.21
14.19
0.64
Page 2
R &D 6,699,269 4.00
Mutual Fund Cash - 0.00
Total Fund Policy: 35% Wilshire 5000,15% MSCI World ex US, 25% Barclays Agg, 5% Barclays TIPS, 5% NCREIF ODCE, 5% Barclays BTOP 50, 5% Quadrant Custom, 5% NCREIF Timber.
Equity Policy: 55% Wilshire 5000, 45% MSCI World x US Domestic Equity Policy: 100% Wilshire 5000 Fixed Policy: 85% Barclays Agg, 15% Barclays TIPS TIPS Policy: 100% Barclays TIPS
Performance calculations are based on data provided by your custodian Salem Trust, and or if valuation data is not available via custodian, investment manager valuations were used. Any
retroactive accounting adjustments made by Salem Trust could alter the performance calculation previously reported for that period.
Monthly flash reports are preliminary.
'On 9/5/2013, PiMCO Disco classification was changed from an alternative product to a fixed product, effective retroactive to inception.
Page 3
Delray Beach Police Officers' & Firefighters' Retirement System
Asset Allocation and Performance Monthly Flash
As of September 30, 2013
Allocation
Performance( %)
Market
Inception
Value
o
/o
MTH
QTD
YTD
FYTD
1 YR
2 YR 3 YR 6 YR Inception Date
Total Timber Investments
Amsouth Bank Timber
297109461
1.93
0.00
0.00
1.98
3.36
3.36
0.98 1.32 3.19 3.36 07/01/2007
NCREIF Timberland Index
0.00
0.00
2.48
8.54
8.54
5.35 3.62 1.85 4.64
Molpus Woodlands Timber"
297449017
1.96
0.00
0.00
-0.62
6.88
6.88
-2.66 0.12 1.73 1.69 06/01/2008
NCREIF Timberland Index
0.00
0.00
2.48
8.54
8.54
5.35 3.62 1.85
Total Timber
694649478
3.89
0.00
0.00
0.79
4.69
4.69
-0.72 0.78 2.64 2.78 07/01/2007
NCREIF Timberland Index
0.00
0.00
2.48
8.54
8.54
5.35 3.62 1.85 4.64
Abbey Managed Futures
494639961
3.18
-1.02
-7.49
-6.98
-9.88
-9.88
-9.22 -6.61 N/A -4.19 08/01/2010
Barclay BTOP 50
-0.42
-2.75
-2.30
-3.91
-3.91
-3.25 -1.67 0.31 -0.10
R &D 6,699,269 4.00
Mutual Fund Cash - 0.00
Total Fund Policy: 35% Wilshire 5000,15% MSCI World ex US, 25% Barclays Agg, 5% Barclays TIPS, 5% NCREIF ODCE, 5% Barclays BTOP 50, 5% Quadrant Custom, 5% NCREIF Timber.
Equity Policy: 55% Wilshire 5000, 45% MSCI World x US Domestic Equity Policy: 100% Wilshire 5000 Fixed Policy: 85% Barclays Agg, 15% Barclays TIPS TIPS Policy: 100% Barclays TIPS
Performance calculations are based on data provided by your custodian Salem Trust, and or if valuation data is not available via custodian, investment manager valuations were used. Any
retroactive accounting adjustments made by Salem Trust could alter the performance calculation previously reported for that period.
Monthly flash reports are preliminary.
'On 9/5/2013, PiMCO Disco classification was changed from an alternative product to a fixed product, effective retroactive to inception.
Page 3
Delray Beach Police Officers' & Firefighters' Retirement System
Asset Allocation vs. Target Allocation
As of September 30, 2013
Total Domestic Equity
0.4%
Total Int'I Equity
-0.3%
Total Fixed Income
1.6%
American Core Realty
-0.7%
Quadrant Real Estate
-2.0%
Amsouth Bank Timber
-0.6%
Molpus Woodlands Timber
-0.5%
Abbey Managed Futures
-1.8%
R &D
4.0%
Mutual Fund Cash
10.0%
-10.0%
-8.0% -6.0%
-4.0% -2.0% 0.0% 2.0%
4.0% 6.0% 8.0% 10.0%
Allocation Differences
Market Value
Allocation ( %)
Target ( %)
Total Domestic Equity
49,588,568
35.4
35.0
Total Int'I Equity
20,605,101
14.7
15.0
Total Fixed Income
44,233,362
31.6
30.0
American Core Realty
6,001,384
4.3
5.0
Quadrant Real Estate
4,183,091
3.0
5.0
Amsouth Bank Timber
2,710,461
1.9
2.5
Molpus Woodlands Timber
2,744,017
2.0
2.5
Abbey Managed Futures
4,453,961
3.2
5.0
R &D
5,599,269
4.0
0.0
Mutual Fund Cash
-
-
0.0
Total Fund
140,119,214
100.0
100.0
THE
BOGDAHN
Page 4 GROUP.
Delray Beach Police Officers' & Firefighters' Retirement System
Financial Reconciliation Fiscal Year to Date
October 1, 2012 To September 30, 2013
Financial Reconciliation
*On 9/5/2013, PiMCO Disco classification was changed from an alternative product to a fixed product, effective retroactive to inception.
Page 5
THE.
(� BOGDAHN
\ GROUP.
Market Value
Net
Contributions Distributions Management
Other
Return On
Market Value
10/01/2012
Transfers
Fees
Expenses
Investment
09/30/2013
Total Fund
126,757,186
-
10,904,173 - 11,425,964 - 678,528
- 260,377
14,822,723
140,119,214
Total Equity
62,680,071
- 5,103,642
- - -400,567
- 20,864
13,038,670
70,193,669
Total Domestic Equity
44,536,892
-4,656,836
- - - 262,992
- 13,792
9,985,297
49,588,568
Delaware Value
14,619,050
782,060
- - - 101,038
-4,811
3,877,656
19,172,917
ICC Multi -Cap
7,185,714
- 7,803,990
- - - 26,582
-2,152
647,011
-
Sawgrass Large Cap Growth
16,602,247
- 717,940
- - - 89,667
-4,923
3,037,486
18,827,203
Lazard SMid Cap Core
6,129,881
- 384,916
- - - 45,705
-1,905
1,826,496
7,523,850
Orleans Capital Energy Fund
-
3,404,083
- - -
-
660,516
4,064,599
iShares Russell Midcap (IWR)
-
63,868
- - -
-
- 63,868
-
Total Int'I Equity
18,143,179
- 446,806
- - - 137,574
-7,072
3,053,374
20,605,101
WHV Int'I Equity (residual cash)
4,562,588
- 4,997,323
- - - 11,402
-921
447,057
-
RBC Int'I (Voyageur)
9,179,740
- 4,000,000
- - - 88,098
-6,152
2,341,668
7,427,158
Vanguard Emerging (VERSX)
4,400,851
- 4,649,483
- - -
-
248,632
-
Vontobel International Equity Fund
-
6,000,000
- - - 24,952
-
68,659
6,043,708
Wells Fargo Emerging Markets Equity
-
7,200,000
- - - 13,122
-
- 52,643
7,134,235
Total Fixed Income
43,489,243
- 337,860
- - - 160,080
-8,922
1,250,981
44,233,362
Mutual of America Core Fixed
24,193,817
292,226
- - - 72,578
-7,294
- 238,164
24,168,007
Mutual of America TIPS
5,527,445
- 325,634
- - -8,203
-1,628
- 124,887
5,067,092
Templeton Global Total Return (TTRZX)
6,160,373
- 304,452
- - -
-
331,247
6,187,168
PIMCO DiSCO II *
7,607,609
-
- - - 79,299
-
1,282,785
8,811,095
Total Real Estate
9,524,919
-
- - - 103,193
-5,326
768,075
10,184,475
American Core Realty
5,404,570
-
- - - 63,312
-
660,125
6,001,384
Quadrant Real Estate
4,120,348
-
- - - 39,881
-5,326
107,950
4,183,091
Total Timber
5,551,154
- 349,595
- - -
-
252,919
5,454,478
Amsouth Bank Timber
2,856,251
- 240,000
- - -
-
94,210
2,710,461
Molpus Woodlands Timber
2,694,903
- 109,595
- - -
-
158,709
2,744,017
Alternatives
Abbey Managed Futures
4,942,015
-
- - -
-
- 488,054
4,453,961
Cash Accounts
R &D
512,404
5,848,477
10,904,173 - 11,425,964 - 14,688
- 225,266
132
5,599,269
Mutual Fund Cash
57,381
- 57,381
- - -
-
-
-
*On 9/5/2013, PiMCO Disco classification was changed from an alternative product to a fixed product, effective retroactive to inception.
Page 5
THE.
(� BOGDAHN
\ GROUP.
THE
BOGDAHN
GRoup.
simplifying your investment and f ducimy decisions
Orlando
4901 Vineland Road, Suite 600
Orlando, Florida 32811
866.240.7932
Chicago I Milwaukee I Cleveland I Dallas
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill Pyburn, Assistant City Attorney
THROUGH: Brian Shutt, City Attorney
DATE: November 6, 2013
SUBJECT: AGENDA ITEM WS.3 - WORKSHOP MEETING OF NOVEMBER 12, 2013
PROPOSED ORDINANCE FOR THE VOTING PROCESS
ITEM BEFORE COMMISSION
Discussion regarding Charter provisions pertaining to Commission voting.
BACKGROUND
The draft ordinance attached is provided as a result of the direction given at the October 8, 2013 City
Commission workshop meeting wherein the Commission requested our office to review the City's
Charter provision regarding voting and come back with some language to address what happens when
there is a tie vote.
We reviewed over fourteen (14) different charter provisions regarding voting from around Palm Beach
and Broward counties and determined that cities generally handle voting in one of two ways: 1. They
require the affirmative vote of a majority of those present and eligible to vote, or 2. They require the
affirmative vote of three (3) members of the Commission.
It appears that the majority of the smaller cities that we polled follow the version that only requires a
majority of those members of the Commission present and voting, while the medium to larger sized
cities tend to follow the version that requires the affirmative vote of three (3) members of the
Commission to take action on an item.
The draft ordinance that we provided mirrors the provision in the City of Weston charter, which
requires the affirmative vote of three (3) members of the commission unless there are less than three (3)
members of the commission who are eligible to vote on a particular matter due to vacancy or required
abstention pursuant to Florida law, then the remaining members of the commission may approve a
matter by unanimous vote. This additional language regarding vacancies and voting conflicts appears to
address all legal possibilities.
Additionally, the draft ordinance provides that any motion that fails to achieve the required number of
affirmative votes shall be deemed to have "failed and no action shall be taken by that motion ", which
means that either a new motion can be made in the hopes of acquiring the requisite number of
supportive votes or, if no new motion is made, then it shall be as if no action was taken at all. This
language addresses any ambiguity regarding tie votes and also allows for the additional opportunity to
take action on an item such as a rezoning without having to wait for six (6)+ months as would be
required if a tie vote was considered to be a denial of the motion.
RECOMMENDATION
Commission direction.
ORDINANCE NO. -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE
CLARIFICATION REGARDING THE VOTING PROCEDURE;
PROVIDING FOR A REFERENDUM ON MARCH 2014;
PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTIVE DATE.
WHEREAS, the governing body of a municipality may, by ordinance, submit a proposed amendment
to the Charter to the electors of the municipality; and
WHEREAS, the City Commission desires to clarify the voting procedure of the City Commission.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 3.12, "Procedure ", of the Charter of the City of Delray Beach, be amended
to read as follows:
Sec. 3.12. PROCEDURE.
(A) Meetings. The Commission shall meet regularly at least twice a month at times and
places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call
of the Mayor or of a majority of the commission. Whenever practicable, there shall be at least twelve
(12) hours' notice of a special meeting to individual members of the Commission and to the public.
(B) Rules. The commission shall determine its own rules and order of business.
(C) Quorum and Noting.
(1) A quorum for the transaction of business shall consist of three (3) members, but
a smaller number may adjourn from time to time and ma,T�pel the attendance of absent members in
the manner and subject to the penalties prescribed by the Rules of the Commission.
Voting on ordinances, resolutions, and motions shall be as set forth i
..c `he C..f.f.issi .ft below and shall be recorded in the minutes.. `'tree 2` f...f., ers ..c `'te e..f.f.tsst effi
-eefe o f fli f e z! e
(3) Except as otherwise provided in the Charter, no action of the Commission shall
be valid or binding unless adopted by the affirmative votes of at least three (3) members of the
Commission, and, if any motion fails to achieve the affirmative vote of at least three (3) members of the
Commission, then such motion shall be deemed to have failed and no action shall be taken by that
motion. In the event that there are less than three (3) members of the Commission who are eligible to
vote on a particular matter due to vacancy or required abstention pursuant to applicable state or county
law, then the remaining member(s) of the Commission may vote and approve such mater b
unanimous vote.
Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors
of the City of Delray Beach at the regular election of March , 2014 and shall be deemed adopted upon the
favorable vote of a majority of the City electors voting at that time upon the following question:
QUESTION NO. 1
CHARTER AMENDMENT — VOTING PROCEDURE CHANGE
THE CHARTER CURRENTLY REQUIRES THREE CONCURRING VOTES TO
TAKE ACTION ON AN ITEM. UNDER THE PROPOSED CHARTER
AMENDMENT, THE AFFIRMATIVE VOTE OF THREE MEMBERS OF THE
COMMISSION WOULD BE REQUIRED TO TAKE ACTION ON AN ITEM,
EXCEPT IN THE EVENT THAT, BECAUSE OF A VACANCY OR REQUIRED
VOTING ABSTENTION, THERE ARE LESS THAN THREE MEMBERS ELIGIBLE
TO VOTE, IN WHICH CASE THE REMAINING MEMBER(S) MAY APPROVE THE
ITEM BY UNANIMOUS VOTE.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL
Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances
or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the
same are hereby repealed as of the effective date of this Ordinance.
Section 4. That any clause, section or other part of this ordinance shall be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby but shall remain in full force and effect.
Section 5. That this ordinance shall become effective upon its passage on second and final reading
and in accordance with Section 2 above.
2 ORD. NO. -13
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2013.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
3 ORD. NO. -13
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Lula Butler, Director, Community Improvement
THROUGH: Louie Chapman, Jr., City Manager
DATE: November 7, 2013
SUBJECT: AGENDA ITEM WS.4 - WORKSHOP MEETING OF NOVEMBER 12, 2013
VEHICLE FOR HIRE ORDINANCE
ITEM BEFORE COMMISSION
The item before Commission is consideration and discussion of adopting Palm Beach County's Vehicle
for Hire ordinance.
BACKGROUND
Palm Beach County's Vehicles for Hire ordinance addresses industry standards that govern vehicles for
hire. Delray Beach Police Captain, Thomas Mitchell, served as a liaison to the committee that studied
the problems with regulation that were occurring in the County. The industry was included as part of
this committee. The regulations are designed to set standards for taxicabs, limousines, sedans, vans,
minibuses, non - medical transport vehicles for hire, shuttles, and any other vehicles for hire that operate
in the County. They perform review and the enforcement o£
1. Dress codes for drivers.
2. Qualifications/background checks for drivers.
3. Inspection of vehicles for safety, age, size, and use.
4. Descriptions of types of vehicles and standards for each.
5. Insurance requirements.
6. Advertising on vehicles (only allowed on taxis and shuttles).
7. Meter accuracy and rates charged.
8. Method of customer payment.
9. Location, storage and ownership of vehicles.
10. Standards and requirements for applications.
11. Renewal requirements.
12. Penalties for violations of standards.
Captain Mitchell will be present at the workshop to discuss and answer questions, as necessary. I have
attached the County's ordinance and our proposed ordinance, which will adopt it by reference under the
City's Code of Ordinance, Chapter 119.
RECOMMENDATION
Staff recommends adoption of Palm Beach County's Ordinance by reference as in the city's proposed
ordinance.
ORDINANCE NO. -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING
CHAPTER 119, "VEHICLES FOR HIRE" IN ITS ENTIRETY AND
ENACTING A NEW CHAPTER 119, "VEHICLES FOR HIRE" IN ITS
PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM BEACH
COUNTY CODE PROVISIONS REGARDING SAME; PROVIDING A
GENERAL, REPEALER CLAUSE; SAVING CLAUSE; AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 119, "Vehicles for Hire ", of the Code of Ordinances of the City of Delray
Beach, Florida, shall be repealed in its entirety and a new Chapter 119, "Vehicles for Hire" shall be enacted to
read:
- - -- --
- - -- --
-- - - -
-
- -- -
-- - -
-- - - --
- I --
- -- -
-- - -
- -
-
-
- -- - -
- -- -
- --- -
- - - -- -
- - - -
-- -- - -
-- - -
IM
- - -
- -- -- -
- --
-- - -
-- --
--
- - - --
- - --
- -- -
- - -
- -- -- -
- -- -- -
- - -- -
- - - --
-- -- - --
- -
--
-
- -- -
- - -
-
- - - - --
- - - -- -- - - - - -- - - -- --
CHAPTER 119. —VEHICLES FOR HIRE.
Sec. 119.01 — PALM BEACH COUNTY CODE SECTIONS REGARDING VEHICLES FOR
HIRE ADOPTED BY REFERENCE.
Chapter 19, Article IX of the Palm Beach County Code of Ordinances, as set forth in Exhibit
"A ", are incorporated by reference within this chapter as if fully set forth herein.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one
another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining
portions of the ordinance.
Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2013.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
2 Ord. No. -13
-
- - -- - - --
- -- - - - -- --
- -
- -- - - -- - -- - M-11111
CHAPTER 119. —VEHICLES FOR HIRE.
Sec. 119.01 — PALM BEACH COUNTY CODE SECTIONS REGARDING VEHICLES FOR
HIRE ADOPTED BY REFERENCE.
Chapter 19, Article IX of the Palm Beach County Code of Ordinances, as set forth in Exhibit
"A ", are incorporated by reference within this chapter as if fully set forth herein.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one
another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining
portions of the ordinance.
Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2013.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
2 Ord. No. -13
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
ARTICLE IX. VEHICLES FOR HIRE u
Sec. 19 -211. Short title; applicability.
Sec. 19 -212. Authority.
Sec. 19 -213. Definitions.
Sec. 19 -214. Compliance with article required.
Sec. 19 -215. Advertising.
Sec. 19 -216. Reserved.
Sec.
19 -217.
Reciprocity.
Sec.
19 -218.
Business permit application.
Sec.
19 -219.
Records required.
Sec.
19 -220.
Vehicle requirements.
Sec.
19 -221.
Vehicle decal reauirements.
Sec. 19 -222. Impoundment.
Sec. 19 -223. Vehicle safety and appearance requirements.
Sec. 19 -224. Non - medical wheelchair and stretcher transportation service companies operational
requirements.
Sec. 19 -225. Vehicle inspections.
Sec. 19 -226. Commercial automobile liabilitv insurance.
Sec. 19 -227. Driver requirements; failure to comply.
Sec. 19 -228. Fraudulent transfer of vehicle for hire company.
Sec. 19 -229. Revocation, suspension and denial of permits /I.D. badges; administrative appeal.
Sec. 19 -230. Enforcement.
Sec. 19 -231. Violations.
Sec. 19 -232. Appeals.
Sec. 19 -233. Fees.
Sec. 19 -234. Penalties.
Sec. 19 -235. Start -uo.
Sec. 19 -236. Repeal of laws in conflict.
Sec. 19 -237. Savings clause.
Sec. 19 -238. Jurisdiction.
Palm Beach County, Florida, Code of Ordinances Page 1
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
Sec. 19 -211. Short title; applicability.
(a) This article shall be known as the "Palm Beach County Vehicle for Hire Ordinance."
(b) Unless a municipal exemption applies; the provisions of this article shall be applicable to the
incorporated and unincorporated areas of the county. Unless otherwise provided, nothing in this
article shall be construed to relieve any person from compliance with any applicable county or
municipal regulations.
(Ord. No. 08 -043, § 1, 9- 23 -08)
Sec. 19 -212. Authority.
This article is adopted under the authority of F.S. ch. 125.
(Urd. No. Us -U43, § 2, 9 -23 -Ub
Sec. 19 -213. Definitions.
The following words and phrases when used in this article shall have the meanings as set out herein:
Advertising. The term "advertising" shall mean to advise, announce, give notice of, publish, or call
attention by use of oral, written, or graphic statements made in newspapers, telephone directories or
other publications or on radio or television, any electronic medium, or contained in any notice, handbill,
catalog, newsletter, poster, sign, flyer, business card or letter.
Applicant. The term "applicant" shall mean any person who applies for a vehicle for hire business
permit or driver's I.D. badge within Palm Beach County. In the case of partnerships, associations,
corporations and other legal entities, "applicant" shall also mean any member of a partnership, each
associate and the corporate officers and directors.
Board. The term "board" shall mean the Palm Beach County Board of County Commissioners.
Business permit. The term "business permit" shall mean the authority required by the provisions of
this article to be obtained by any individual or vehicle for hire company not subject to reciprocity, to
engage in vehicle for hire business in Palm Beach County.
Compensation. The term "compensation" shall mean a return in money, property, or anything of
value for the rendition of vehicle for hire service.
Commercial business office. The term "commercial business office" shall mean the primary place of
business where management and employees perform office work for a vehicle for hire company and
which shall meet the following requirements:
(a) Properly zoned;
(b) Customer /employee parking;
(c) Sufficient commercial vehicle parking;
(d) Sanitary facilities /restrooms;
(e) Dedicated wired phone line with a unique /dedicated number;
(f) Identifying signage; and
(g) Central dispatch.
The address of the commercial business office must match the address on the local business tax receipt.
Palm Beach County, Florida, Code of Ordinances Page 2
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
County permit. The term "county permit" shall mean the grant by Palm Beach County to operate one
(1) vehicle for hire not subject to reciprocity, upon the streets of Palm Beach County.
Division or DCA. The term "division" or "DCA" shall mean the Palm Beach County Division of
Consumer Affairs.
Driver. The term "driver" shall mean the individual who is driving or physically operating the taxicab,
limousine, shuttle, or other passenger vehicle for hire and includes the term "chauffeur."
Individual. The term "individual" includes a natural person, partnership, corporation, association, or
any other legal entity.
Limousine. The term "limousine" shall mean a chauffeur - driven motor vehicle, modified- for -the-
purpose as a luxury stretch vehicle, regardless of length and which contains a fixed partition used to
separate the driver and passenger seating areas. A limousine is prohibited from using a taximeter and
toplight unless it is being used as a taxicab.
Luxury sedan /SUV (sport utility vehicle). The term "luxury sedan" or "luxury SUV" shall mean a
classification of motor vehicles that are designated by the manufacturer as a full size sedan /SUV that has
at least four (4) doors; and has a rated seating capacity of one (1) to eight (8) passengers which has not
been altered from the original manufacturer's specifications with respect to wheelbase or seating
capacity, and does not have a partition or other device used to separate the driver and passenger seating
areas, and is recognized by the industry and the division of consumer affairs as a "luxury" vehicle, such
as a Cadillac, Lincoln, Mercedes -Benz or other similar top -of- the -line luxury sedans or SUVs.
Manifest. The term "manifest" shall mean written or electronic /digital documentation prepared by the
vehicle for hire business providing individual trip logs for each pickup /drop -off of passengers that can be
viewed upon request by authorized DCA personnel or law enforcement officers. The "manifest" shall be in
the possession of the vehicle for hire driver and central dispatch and shall include the business name,
business phone number, name of the passenger (if provided /known), pickup /drop -off address and
dates /times involved.
Non - medical, wheelchair and stretcher transportation service. The term "non- medical, wheelchair
and stretcher transportation service" shall mean the transportation of persons while on stretchers or
wheelchairs, or persons whose handicap, illness, injury, or other incapacitation makes it impractical to be
transported by a regular common carrier such as a bus, taxicab, or other vehicle for hire. Such persons
do not need, nor are likely to need, any medical attention during transport.
Passenger. The term "passenger" shall mean a person utilizing a vehicle for hire for the purpose of
being transported to a destination, or a person who is awaiting the arrival of a dispatched vehicle for hire,
and does not include the chauffeur.
Prearranged. The term "prearranged" shall mean a written, e-mail, fax or telephone reservation
made at least thirty (30) minutes in advance by the person requesting service from a vehicle for hire
business. Such reservations shall be documented in written form by the business. The written
documentation requested herein shall be made available immediately upon the request of authorized
division personnel or law enforcement. The thirty- minute advance requirement does not apply to
companies with authorized vehicle for hire contracts with Palm Beach International Airport and other
businesses that provide vehicle for hire services by contract.
Residential home office. The term "residential home office" shall mean a residence located in Palm
Beach County from which a vehicle for hire business is operated. The "residential home office" must be
the primary residence of the vehicle for hire company's principal owner /president. The "residential home
office" must be equipped with a separate wired telephone line and be approved by applicable zoning
regulations. Proof of residency must be provided upon request (i.e., driver's license, tax receipt, bank
account, utility bill, etc.).
Palm Beach County, Florida, Code of Ordinances Page 3
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
Sedan. The term "sedan" shall mean any pre- arranged vehicle for hire, not equipped with a
taximeter, which is not a limousine, SUV, transport van /shuttle, non - medical wheelchair and stretcher
transportation vehicle or taxi. Sedans shall include all other commercially manufactured passenger
vehicles not already defined herein. Such vehicles shall not display the word "taxicab," "taxi," or "cab" on
the vehicle exterior or interior. A sedan is prohibited from using a taximeter and top -light unless it is being
used as a taxicab. A sedan older than thirty (30) years must be fully restored and registered as an antique
by the state pursuant to F.S. § 320.086(2) as may be amended.
Short -term vehicle decal plaque placard. The term "short -term vehicle placard" shall mean a
specially prepared placard placed on the passenger side dashboard of a short -term rental vehicle for hire.
All rental contracts must be 30 days or less.
SUV (sports utility vehicle). The term "SUV" shall mean a type of passenger vehicle which combines
the load- hauling and passenger- carrying capacity of a large station wagon or minivan. A SUV is
prohibited from using a taximeter and toplight unless it is being used as a taxicab.
Taxicab. The term "taxicab" shall mean a motorized vehicle, equipped with a taximeter, engaged in
the transportation of passengers for compensation, and where the route or destination is controlled by the
passenger.
Taximeter. The term "taximeter" shall mean any device permanently and internally mounted in a
taxicab and which records and indicates a charge or fare measured by distance traveled, waiting time or
other traditionally compensable activities of taxicab service.
Top light. The term "top light" shall mean a permanently installed roof mounted lighted device which
shall be illuminated whenever the taximeter is on. The top light must be a minimum size of ten (10) inches
by four (4) inches, permanently mounted on the vehicle roof and display or include the word "taxi,"
"taxicab" or "cab."
Transport van /shuttle. The term "transport van /shuttle" shall mean a motor vehicle not equipped with
a taximeter, with a seating capacity for at least four (4) passengers, exclusive of the driver, where there is
no separation of the driver and passenger compartments and not modified from the manufacturer's
specifications. A functioning seat belt must be available for each passenger. A transport van /shuttle is
recognized by the industry as a mini -van, van, mini - coach, minibus, limo -bus or other similar vehicle,
excluding those vehicles regulated by the State of Florida Department of Transportation (FDOT). A
transport van /shuttle is prohibited from using a taximeter and top -light unless it is being used as a taxicab.
Vehicle decal. The term "vehicle decal" shall mean a decal placed upon any vehicle for hire granted
approval to provide vehicle for hire services by the division.
Vehicle for hire and /or vehicle for hire company. The terms "vehicle for hire" and /or "vehicle for hire
company" shall mean any individual, partnership, association, corporation, or other legal entity which
holds business permits for or contracts with any motorized, self - propelled vehicle(s) engaged in the
transportation of persons upon the streets of Palm Beach County who receive any compensation or
salary for providing such transportation. The term shall not be construed to exclude any person owning,
controlling, operating, or managing any type of motor vehicle used in the business of transportation of
persons for compensation. The term shall include, but not be limited to non - medical wheelchair and
stretcher transportation services, taxicabs, transport vans /shuttles, sedans, SUVs, limousines, and the
use of personal vehicle(s), regardless of who owns said personal vehicle(s) engaged in the transportation
of persons. The term shall not apply to vehicles, companies and organizations identified in section 19 -214
of this Code.
Vehicle for hire driver's I.D. badge (I.D. badge). The term "vehicle for hire driver's I.D. badge (I.D.
badge)" shall mean a permit authorizing the holder thereof to utilize the motor vehicle(s) described in said
permit for the transportation of passengers as authorized pursuant to this article.
Palm Beach County, Florida, Code of Ordinances Page 4
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
Vehicle for hire service standards. The term "vehicle for hire service standards" shall mean a
summary of "passenger" and "driver" expectations prominently displayed within every vehicle for hire
passenger compartment.
(Ord. No. 08 -043, § 3, 9- 23 -08; Ora. No. 1ui 1 -u40, § 1, 12- 20 -11; Ora. No. 2012-009, § 1, 5- 15 -12;
Ord. No. 2013 -007, § 1, 4- 16 -13)
Sec. 19 -214. Compliance with article required.
(a) The operation of vehicles for hire within and upon the streets of the county shall be subject to the
conditions, restrictions, and regulations set forth in this article. It shall be unlawful to operate any
vehicle for hire within and upon such streets without first obtaining a county vehicle for hire permit,
vehicle decal(s), and driver's I.D. badge; however, this article shall not apply to the following:
(1) Vehicles operated by a governmental agency;
(2) Vehicles tendering transportation services not for compensation;
(3) Vehicles owned and operated by hotels, motels and funeral homes which provide transportation
services for their guests only, for which the guest does not incur a separate charge;
(4) Discharge of a passenger pursuant to legal authority as referenced in section 19 -217 of this
article on reciprocity;
(5) Operation of motor vehicles for the transportation of passengers, not for compensation,
between the vicinity of their residences and the vicinity of their places of work, in an
arrangement commonly known as a "car pool" or "van pool ";
(6) School buses and church buses;
(7) Transportation services operated as a bona -fide tour company by a seller of travel as defined in
F.S. § 559.927, as amended;
(8) Horse drawn carriages;
(9) Motor vehicles used exclusively to provide transportation without compensation and purely
incidental to a person's primary business and requiring the performance of substantial services
in addition to transportation; and
(10) Nonprofit organization vehicles operated by Section 501(c)(3), United States Revenue Code.
(b) Compliance with the provisions of this article shall in no way relieve an individual or vehicle for hire
company from compliance with all municipal, county, state and federal laws.
(c) Vehicle for hire business permit holders and permitted drivers shall cooperate fully at all times with
the division in furnishing information required in connection with requests for proof of licensure,
insurance, vehicle registration, driver's I.D. badge, or during the process of applying to renew a
business permit, registration of vehicles and /or driver's I.D. badges, or investigations of consumer
complaints. Further, vehicle for hire business permit holders and permitted drivers shall not obstruct,
hamper or interfere with an investigation of alleged violations of this article conducted by division
personnel, any law enforcement officer or employee of any other agency enforcing this article. At no
time shall a vehicle for hire business permit holder or permitted driver use abusive language or
display discourteous, hostile, aggressive or other inappropriate behavior toward passengers, other
vehicle for hire drivers, vehicle for hire business owners or their representatives, division personnel,
any law enforcement officers or any agency authorized to enforce this article.
(d) A "vehicle for hire company" must notify the division in writing within thirty (30) days of the date that
any of its drivers are convicted of a criminal offense (misdemeanor or felony crime), including all
Palm Beach County, Florida, Code of Ordinances Page 5
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
traffic offenses involving a driving under the influence charge, a controlled substance charge, or a
driver license suspension /revocation charge.
(e) A "vehicle for hire company" shall be responsible for its drivers' compliance with all of the regulations
required by this article.
(f) No "vehicle for hire company" shall charge, demand, or request any fare other than the prearranged
amount agreed upon for the transportation service or the amount shown on the taximeter.
(g) Any violation of this article is a civil infraction.
kOrd. No. 08 -043, § 4, 9- 23 -08; Ord. No. 2012 -009, § 2, 5- 15 -12; Ord. No. 2013 -007, § 2, 4- 16 -13)
Sec. 19 -215. Advertising.
(a) It shall be unlawful for any vehicle for hire company to advertise vehicle for hire services and /or
transportation services without obtaining and maintaining a current and valid vehicle for hire
business permit and vehicle decal(s) pursuant to the provisions of this article. Any advertisement of
any vehicle for hire business shall clearly and conspicuously disclose the name of the company,
physical address of the company, phone number and vehicle for hire business permit number issued
by the division. The permit number shall be preceded by "PBC VFW'
(b) All taxicabs and non - medical wheelchair and stretcher transportation service vehicles shall clearly
display on the exterior of the driver and passenger side of the vehicle, permanent vinyl or painted
lettering at least four (4) inches high and in clearly visible bold contrasting colors, the vehicle for hire
company's name, telephone number and business permit number. The permit number shall be
preceded by "PBC VFW' Magnetic signage, of any type, is not permitted.
(c) Every taxicab and non - medical wheelchair and stretcher transportation service vehicle shall be
assigned a unique /dedicated number by the vehicle for hire company. That number must be
permanently affixed to each vehicle by that company. The assigned number shall exist for the life of
the vehicle while it is owned /operated by that company and shall not be reused for at least one year
on any other vehicle. This number shall be reported to the division as part of the annual permit
requirements. The number shall be affixed to both rear quarter panels (or roof posts) of an
automobile or rear sides of other vehicles. The numbers must be in clearly visible, boldly contrasting
colors and shall be a minimum of four (4) inches in height. Each business must assure that duplicate
numbers are not assigned to vehicles.
(d) All taxicabs shall conspicuously advertise their meter rates on the exterior of the vehicle and the
metered drop rate must match the advertised rate.
(e) Taxicabs utilizing signage on roofs which prevent the required mounting of a top light shall be
exempt from the top light requirement until the vehicle is replaced, required to be retired pursuant to
this article or the word "taxi," "cab" or "taxicab" (using at a minimum two -inch letters) is included on
the signage and is able to be seen from the front and rear of the vehicle.
(f) Vehicle for hire drivers /chauffeurs meeting passengers at Palm Beach International Airport, or the
Port of Palm Beach, may utilize a sign for the purposes of identifying a passenger or group of
passengers. The sign utilized shall identify the name of the passenger or group being met and shall
include the name of the vehicle for hire company or the corporate client of the vehicle for hire
company and "PBC VFH" permit number. In no event shall the name of the company be larger than
one -inch letters and in any event the name of the company shall be smaller than the name of the
passenger /group.
(g) Advertising restrictions. No person shall advertise a vehicle for hire service in a manner that is false,
misleading or deceptive. Notwithstanding paragraphs (a) through (f) above, the following
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
requirements shall be strictly complied with by every vehicle for hire company and driver in any
advertisement for each particular category of vehicle for hire:
(1) Taxicab or taxi. No taxicab vehicle for hire company shall advertise, or allow or cause to be
advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the
internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for
business which includes the word(s) "limousine," "limo," "luxury sedan or SUV," "luxury
limousine or limo," "shuttle service," "luxury passenger vehicle," "shuttle," or a form of these
words unless ordinance or exception requirements for multi- category vehicle for hire companies
are met.
(2) Sedan /SUV. No vehicle for hire sedan /SUV company shall advertise, or allow or cause to be
advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the
internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for
business which includes the word(s) "limousine," "limo," "taxicab," "cab," "shuttle," or any form
of the word(s) "luxury" or "custom /luxury" unless ordinance or exception requirements for multi -
category vehicle for hire companies are met.
(3) Transport van /shuttle. No transport van /shuttle company shall advertise, or allow or cause to be
advertised, in any telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the
internet, radio or television commercial, or hotel leaflet, an advertisement or solicitation for
business which includes the word(s) "taxi or taxicab," "limousine," "limo," "luxury sedan or SUV,"
"luxury limousine or limo," "luxury passenger vehicle," or an form of these words unless
ordinance or exception requirements for multi- category vehicle for hire companies are met.
(4) Limousine. No limousine company shall advertise, or allow or cause to be advertised, in any
telephone directory, newspaper, brochure, bulletin, flyer, e-mail, on the internet, radio or
television commercial, or hotel leaflet, an advertisement or solicitation for business which
includes the word(s) "taxi or taxicab."
(5) Exception for multi- category vehicle for hire companies. A Palm Beach County vehicle for hire
company that has registered and has been issued vehicle permits and /or decals for multiple
categories (i.e. Sedan Company with sedans, luxury sedans /SUV's and limos, taxi company
with taxis, sedans and /or limos, etc) may use in one advertisement the terms for each particular
category of the vehicle for hire business, however, consistent with restrictions in subsections
(1) —(4).
(Ord. No. 08 -043, § 5, 9- 23 -08; Ord. No. 2011 -040, § 2, 12- 20 -11)
Sec. 19 -216. Reserved.
Editor's note—
Ord. No. 2011 -040, § 3, adopted Dec. 20, 2011, repealed § 19-216 which pertained to municipal
exemption and derived from 08 -043, § 6, adopted Sept. 23, 2008.
Sec. 19 -217. Reciprocity.
(a) Out -of- county origin exception. Nothing in this article shall prohibit discharge within the county of any
passenger, lawfully picked up in another county and lawfully transported into the county from a
county or municipality that has adopted a similar vehicle for hire regulatory ordinance, which meets
or exceeds the requirements of this article and has been issued an operating permit by the county or
municipality of origin.
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
Any passenger lawfully picked up in another county, may be transported to, and discharged at one (1) or
more locations within the county. Any passenger transported under this provision may be picked up at the
drop -off location and transported back to the county of origin as long as the transportation is part of a
continuous round trip fare. This transportation must be part of a prearranged fare (evidenced by a written
manifest or load ticket) and the county or municipality (not in the county) where the passenger is picked
up has adopted similar provisions in a vehicle for hire regulatory ordinance and issued an operating
permit or vehicle for hire license to the business. Local business tax receipts do not meet the
requirements of this section.
(b) A vehicle for hire from another county or municipality (not in the county) may pick up a passenger at
either Palm Beach International Airport or the Port of Palm Beach and transport said passenger
directly to the vehicle for hire's county or municipality of origin as long as:
(1) The county or other municipality has adopted a similar vehicle for hire regulatory ordinance,
which meets or exceeds the requirements of this article;
(2) The transportation is part of a prearranged, one -way continuous fare (evidenced by a written
manifest or load ticket);
(3) The passenger arrived at either Palm Beach International Airport or the Port of Palm Beach;
(4) The vehicle meets Palm Beach International Airport and the Port of Palm Beach vehicle for hire
requirements; and
(5) The vehicle has been issued an operating permit by the county or municipality of origin. A copy
of the manifest or load ticket shall be in the possession of the driver at all times and shall be
made available to enforcement personnel upon request.
(Ord. No. 08 -043, § 7, 9- 23 -08)
Sec. 19 -218. Business permit application.
(a) An individual or a vehicle for hire company not exempt pursuant to section 19 -214 shall make
application to the division for a business permit. It is a violation of this article to operate such
companies without first securing a business permit from the division. A business permit shall be
issued annually only after acceptance by the division of the following:
(1) Its legal, trade, corporate and /or fictitious name;
(2) Its local or Florida business address (mail centers or P.O. box addresses are not acceptable);
(3) List of all business principals (i.e., owner, officers, partners, etc.) names, addresses, dates of
birth and Florida driver's license number. If applicable, the name and address of the registered
agent shall be provided;
(4) The year, make, model of manufacture, vehicle number (if applicable) and specific coloring
scheme of each vehicle for hire for which a business permit is sought;
(5) The vehicle identification number and license tag number of each vehicle;
(6) A clear and legible copy of each vehicle's State of Florida registration form;
(7) The name and vehicle for hire driver's I.D. badge number;
(8) Appropriate certificates, permits, local business tax receipts, (specifically for vehicle for hire)
and other authorization issued by the county and any municipality if applicable;
(9) The original signed copy of the vehicle inspection form for each vehicle being assigned a decal;
and
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(10) Payment of all business permit and vehicle decal fees in amounts set forth by resolution of the
board.
(b) No person maintaining, owning, or operating a vehicle for hire company shall suffer or permit any
person or employee to drive a vehicle for hire unless such person has a valid vehicle for hire driver's
I.D. badge issued pursuant to this article.
(c) Each business permit issued pursuant to this section shall be valid and effective for one (1) year,
terminating on April 30 of each year.
(1) Failure to submit a business permit application and the required nonrefundable fee for renewal
by March 1 of each year will result in the assessment of a nonrefundable late fee. The late fee
shall be established by resolution of the board.
(2) Upon submission of a new business permit application and all required documents, the division
shall provide the business with a receipt which shall constitute a provisional business permit
and shall be valid until the issuance or denial of the business permit, whichever comes first.
(3) Businesses which fail to submit a complete application /renewal application within thirty (30)
calendar days after the business' receipt of the division's notice of an incomplete application,
shall be denied a business permit. Within ten (10) business days of receipt of the division's
notice of denial, such businesses may refile a complete and corrected application and pay a
nonrefundable re- filing fee established by resolution of the board. Failure to refile an application
within this ten -day period, will result in the business being required to submit a new application
and paying the nonrefundable business permit fee and vehicle decal fees.
(4) The DCA may deny or revoke a business permit if it is determined that the applicant has
misrepresented, omitted, concealed a fact on any application or submitted any fraudulent or
false document. If denied or revoked, said business permit shall not be issued or reinstated for
a period of one (1) year from the date of denial or revocation.
(5) No permit shall be valid for any vehicle for hire company under any other name or at any place
other than that designated in the permit.
(6) If the business transfers, sells, changes or modifies its name or ownership structure, the
business shall be required to notify the division of consumer affairs within forty -five (45) days of
said change, and a new business permit application shall be submitted. All business permit fees
and administrative processing fees approved by the board by resolution shall be assessed by
the division. If the transfer, sale, change or modification changes the ownership structure by
more than fifty -one (51) percent, it will be considered a new company, and new business
requirements and fees established by the board by resolution shall apply. The adoption of a
moratorium shall not preclude companies with existing business permits from the transfer, sale
or change of ownership to a new business.
(d) Any change in the information submitted pursuant to paragraph (a) above shall be provided to the
division within twenty (20) calendar days of said change. Failure to provide such notice may result in
the suspension or revocation of the company's business permit.
(e) All vehicle for hire business permits which are not renewed, shall automatically expire upon the
expiration date as stated on the permit and the company shall cease all vehicle for hire services
immediately.
(f) All vehicle for hire business must maintain a written /electronic manifest or trip log for each
pickup /drop off of any passenger. The manifest shall be in the possession of the vehicle for hire
driver and business central dispatch and shall include but not be limited to, the business name, the
name of the driver and the driver's I.D. badge number, the county vehicle for hire permit number
(VFH #), the decal number of the vehicle providing the service, the name, address and telephone
number of the passenger, the date, time and location where the service begins and ends, and the
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
total charges and method of payment for the service provided. In addition, each original manifest,
invoice, or dispatch record shall be available for inspection and a copy provided upon demand by law
enforcement officers, by personnel authorized by the division to perform enforcement duties or to the
passenger.
(g) The DCA may deny or refuse to renew the business permit of any vehicle for hire business based
upon the determination that:
(1) Any director, officer, owner or general partner was associated with another vehicle for hire
business whose permit was denied or revoked.
(2) An individual /business, or any of its directors, officers, owners or general partners has not
satisfied a civil fine or penalty arising out of any administrative or enforcement action brought by
DCA;
(3) Any individual /business, or any of its directors, officers, owners or general partners has had any
unsatisfied civil penalties, judgments or administrative orders entered against it, him or her in
any action brought by the DCA, or any government agency, under the requirements of this
article or a similar ordinance;
(4) Any individual /business, or any of its directors, officers, owners or general partners has failed to
comply with the terms of a cease and desist order, notice to correct a violation, written
assurance of voluntary compliance, or any other lawful order of the director, the DCA or the
consumer affairs hearing board /special master.
(h) Each vehicle for hire business operating in the county must secure a business operating permit and
maintain a commercial business office or residential home office in the county. Each vehicle for hire
company must place the actual written permit issued by the DCA in a location clearly visible to the
public. There are only two (2) exceptions to maintaining a commercial business office or residential
home office in the county:
(1) The vehicle for hire business may operate from Broward County, Miami -Dade County or any
another Florida county /municipality where that jurisdiction licenses and regulates vehicle for hire
companies and that business and all vehicles are licensed /decaled to operate by that
county /municipality and secures a vehicle for hire operating permit and vehicle decals from the
county.
(2) The vehicle for hire business may operate from another county if no vehicle for hire license
regulations exists in the other county and that business secures a vehicle for hire operating
permit and decals from the county. Vehicle for hire companies with existing operating permits
and decals from the county shall be exempt from this subsection.
(i) A vehicle for hire company shall sign an affidavit attesting that each driver is eligible to be insured by
the company's commercial automobile liability insurer and is in fact insured.
Q) The company is required to notify the division, in writing, immediately but no later than ten (10)
business days from the date that a driver is no longer insured by the vehicle for hire company's
commercial automobile liability insurer.
(k) For vehicles owned by the business, it shall be the responsibility of the business to remove and
surrender to the division all decals issued for vehicles which are no longer operating for that
business. The business must also remove all vehicle signage and top lights within ten (10) business
days following the removal of a vehicle from service or termination of employment/contract with the
business.
(1) Failure to comply with the provisions of this section may result in denial of a permit(s), revocation or
suspension of the permit(s), a denial of renewal of such permit(s), issuance of a civil citation, a
misdemeanor conviction or other such remedies available to the division by law.
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(Ord. No. 08 -043, § 8, 9- 23 -08; Ord. No. 2011 -040, § 4, 12- 20 -11; Ord. No. 2012 -009, § 3, 5- 15 -12;
Ord. No. 2013 -003, § 1, 2 -5 -13; Ord. No. 2013 -007, § 3, 4- 16 -13)
Sec. 19 -219. Records required.
Each vehicle for hire company shall maintain accurate and complete records relating to manifests,
invoices (when used) and vehicle maintenance. Such records shall be maintained for at least three (3)
years. The division shall be granted access to these records for inspection and /or copying, during regular
business hours, upon twenty -four (24) hours' prior notice. In the event the division is denied the
opportunity to inspect and copy such records onsite, the division shall have the right to remove the
records for the purpose of copying and shall return any records removed within three (3) calendar days. If
necessary, the division is hereby authorized to obtain an inspection warrant as authorized by law.
(Ord. No. 08 -043, § 9, 9- 23 -08)
Sec. 19 -220. Vehicle requirements.
(a) Age requirements. There shall be no age limitation for any vehicles, so long as the vehicle complies
with the inspection process referenced herein. Any vehicle older than seven (7) years based on the
registration of said vehicle or when the vehicle exceeds three hundred fifty thousand (350,000) miles,
whichever is first, shall be required to pass a bi- annual inspection. The bi- annual inspections shall be
pursuant to vehicle safety, appearance, operational and inspection requirements outlined in sections
19 -223, 19 -224, and 19 -225 of this article.
(b) Fleet requirements.
(1) All new taxicab companies submitting an application for a business permit pursuant to section
19 -218 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet, and
shall include at least one (1) handicap accessible vehicle. The rates for handicap accessible
vehicles shall not differ from the rates charged to non - disabled passengers.
(2) All new sedan /SUV companies submitting an application for a business permit pursuant to
section 19 -218 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet.
(3) All new van /shuttle companies submitting an application for a business permit pursuant to
section 19 -218 on or after June 1, 2013, shall have a minimum of seven (7) vehicles in its fleet,
and shall include at least one (1) handicap accessible vehicle. The rates for handicap
accessible vehicles shall not differ from the rates charged to non - disabled passengers.
(4) All new limousine companies submitting an application for a business permit pursuant to section
19 -218 on or after June 1, 2013, shall have a minimum of two (2) vehicles in its fleet.
(5) All new non - medical wheelchair and stretcher transportation service companies submitting an
application for a business permit pursuant to section 19 -218 on or after June 1, 2013, shall have
a minimum of two (2) vehicles in its fleet.
(6) All taxicab or van /shuttle companies with twenty (20) or more vehicles licensed by the division
prior to June 1, 2013, shall have at least one (1) handicap accessible vehicle available
beginning on December 1, 2014. The rates for handicap accessible vehicles shall not differ from
the rates charged to non - disabled passengers.
(c) Taxicabs.
(1) Each taxicab is required to maintain a top light as defined in section 19 -213
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(2) Each taxicab business shall select and use a uniform, specific and consistent color and signage
scheme for all taxicabs registered to the business. Each company shall submit to the division for
approval, upon application, three (3) color photographs, not less than eight (8) inches by ten
(10) inches size, showing the entire vehicle, driver's side (assuming passenger side is identical),
front and rear of the vehicle which depicts the chosen color scheme, including signage per
section 19 -215 of this article. Each taxicab shall operate under a trade name which is distinct
from, and not substantially similar to, any existing vehicle for hire company.
(3) No taxicab shall be permitted to operate unless it conforms to the business' selected trade
name, color and signage scheme as stated in subsection (c)(2) hereinabove.
(4) No taxicab shall be permitted or operated unless it is equipped with a taximeter which
accurately registers the rates and charges posted on the outside of the vehicle. Taxicabs are
required to use the taximeter to determine all fares. The taximeter must be plainly visible to
allow easy viewing of the meter rate display by the passenger.
(5) All taximeters shall be calibrated, at least once per year, tested and sealed pursuant to the most
current addition of the National Institute of Standards and Technology (NIST) Handbook 44, at a
registered taxi service agency, as authorized by the state department of agriculture and
consumer services, bureau of weights and measures.
(6) Each taxicab business must present meter calibration records when applying for and /or
renewing the vehicle for hire business permit. The calibration record must show at a minimum,
the date of calibration, and the name, address and phone number of the registered taxi service
agency performing the calibration.
(7) All taximeters must have a lead seal and current inspection decal affixed to the taximeter, by a
registered taxi service agency. The business is responsible for assuring compliance with this
paragraph.
(8) If either the lead seal or inspection decal is missing or broken on the taximeter, the vehicle for
hire business must immediately take the vehicle out of service. The taximeter must be
recalibrated by a registered taxi service agency, and a new lead seal and inspection decal must
be affixed to the taximeter prior to the taxicab being placed back into service.
(9) Beginning on June 1, 2013, all new taxicab companies licensed in Palm Beach County will be
required to accept as a method of payment for the fare (in addition to cash or other forms of
payment acceptable to the company), a bank debit card or credit card, including, but not limited
to, Mastercard, Visa, and Discover, without additional charge or premium.
(d) Failure to comply with the provisions of this section may result in the division denying the
permit(s) /decal, revoking or suspending the permit(s) /decal, denying a renewal of such
permits /decal, issuing a civil citation, a misdemeanor conviction or other such remedies available to
the division.
(Ord. No. 08 -043, § 10, 9- 23 -08; Ord. No. 2012 -009, § 4, 5- 15 -12; Ord. No. 2013 -007, § 4, 4- 16 -13)
Sec. 19 -221. Vehicle decal requirements.
(a) An individual or vehicle for hire company not exempt pursuant to section 19 -214 of this article shall
make application to the division for a vehicle decal for each vehicle for hire. Each vehicle for hire
shall be issued a vehicle decal upon fulfilling all the following requirements:
(1) Verification of the application submitted pursuant to this article;
(2) Certification evidencing compliance with the insurance requirements of section 19 -226 of this
article;
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(3) Receipt of appropriate documentation or a sworn statement that the vehicle(s) for which the
vehicle decal is sought meets the minimum vehicle safety and signage requirements of sections
19 -215, 19 -220, 19 -221 and 19 -223 of this article; and
(4) Payment to the division of the vehicle decal fee in an amount set forth by resolution of the
board.
(b) Each vehicle decal issued pursuant to this section shall be valid and effective for one (1) year,
terminating on April 30 of each year.
(c) Upon issuance of a vehicle decal, such decal shall be properly affixed to the vehicle utilizing the
adhesive provided on the decal. Said decal shall be placed on the passenger side, lower corner
inside windshield and shall be clearly visible. Once affixed, the decal may not be removed except for
reasons described in paragraph (g) below. The vehicle decal remains the property of the county and
shall be used only under the authority of the division. It shall be a violation of this article to fail to
properly affix the decal to the vehicle windshield immediately upon receipt. Designated division
personnel shall have the authority to confiscate decals not properly affixed to the vehicle windshield.
(d) A vehicle decal may be renewed upon application to the division evidencing continued compliance
with the provisions of this article, and payment of the renewal fee in an amount set forth by resolution
of the board.
(e) If the short -term use of a rental vehicle by a vehicle for hire company is necessary, a short -term
thirty -day vehicle placard shall be issued upon application to the division. The vehicle for hire
company shall show proof that all temporary use vehicles meet the minimum insurance requirements
of this article and provide a copy of the rental agreement. The short -term placard must be placed on
the passenger's side dashboard of a rented vehicle for hire. The placard shall at a minimum include
the name of the company, date of issuance and date of expiration. If a vehicle is rented for more
than thirty (30) days, the vehicle for hire company must secure a new placard. The fee for a short -
term vehicle placard shall be established by resolution of the board. All short -term use vehicles must
meet all requirements of this article. Temporary use placards are not permitted for taxicabs.
(f) No vehicle decal may be duplicated in any manner.
(g) No vehicle decal may be sold, assigned or otherwise transferred. If a vehicle's windshield is
damaged beyond repair or a vehicle is destroyed or sold, the vehicle for hire company must remove
said vehicle decal (if in existence) and surrender the remains to the division within ten (10) business
days of the occurrence.
(h) The fee for replacing decals for vehicles currently registered with the DCA shall be established by
resolution of the board. Such fees are applicable to vehicles which have sustained windshield
damage or decal theft (as evidenced by dated repair receipt or police report).
(i) Each vehicle for hire shall conspicuously display in the passenger compartment a Vehicle for Hire
Service Standards decal, supplied by the division.
Palm Beach County
Vehicle for Hire Service Standards
Passenger Expectations:
• A clear understanding of the fare (or fare rate)
• To examine the driver's I.D. badge
• To direct the destination and route to your destination
• A courteous, English- speaking driver who knows the streets of Palm Beach County
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
• Only the "permitted" driver and paying passengers in the vehicle
• A driver who knows and obeys all traffic laws
• Air - conditioning on demand
• No operation of radio, CD /Cassette or DVD /video or other similar mediums unless requested
• No smoking in the vehicle
• Clean passenger seat area
• Clean trunk
Driver Expectations:
• To be paid for services provided and requested
• No illegal activities in vehicles
• Personal safety
• To maintain a safe environment
• Non - smoking passenger(s)
If you have an unresolved problem with the driver or company contact:
Palm Beach County Consumer Affairs
West Palm Beach 561- 712 -6600
Boca /Glades 888 - 852 -7362
www.pbcgov.com/consumer
As an alternative for sedans and limousines, vehicle for hire companies may opt to provide a copy of the
vehicle for hire standards on a minimum eight and one -half (8'h) inches by five and one -half (5'h) inches
sheet of paper (with minimum ten -point type font) to passengers at any time, but no later than the trip
termination or when the customer is invoiced. It shall be a violation of this article for the vehicle for hire
company or the driver to fail to adhere to the vehicle for hire service standards.
Q) It shall be unlawful to operate any vehicle for hire within and upon the streets and roads of the county
without first obtaining the required vehicle decal(s) and affixing it to the windshield of each vehicle.
Failure to secure the required decal or affixing it to each vehicle as required by this article may result
in the permit being denied, suspended or revoked.
(k) Failure to comply with the provisions of this section may result in the division denying the
permit(s) /decal(s), revoking or suspending the permit(s) /decal(s), denying the renewal of such
permit(s) /decal(s), issuing a civil citation, a misdemeanor conviction or other such remedies available
to the division.
(Ord. No. 08 -043, § 11, 9- 23 -08; Ord. No. 2013 -007, § 5, 4- 16 -13)
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
Sec. 19 -222. Impoundment.
(a) Designated DCA employees or law enforcement officers are authorized to seize and impound any
vehicle for hire which such employee or officer has probable cause to believe is being operated
without commercial liability insurance and in violation of this article.
(b) Any licensed driver and /or vehicle for hire business that has been suspended for failure to meet the
required commercial liability insurance requirements shall have its vehicle impounded and its
business permit revoked. If revoked, said business permit shall not be issued or reinstated for a
period of one (1) year from the date of revocation, and all new business permit application
requirements shall apply.
(c) At the time and place of impoundment, the designated DCA employee or law enforcement officer will
provide written notice to the owner /operator of the vehicle detailing:
(1) The grounds for impoundment,
(2) The description of the vehicle impounded,
(3) The location of the secured facility where the vehicle will be held,
(4) The process for having the vehicle released, and
(5) The circumstances under which the vehicle will be disposed /sold if the owner fails to meet the
requirements of this section and fails to claim the vehicle pursuant to F.S. § 713.78, as may be
amended.
If the owner of the vehicle is not present at the time of impoundment, within twenty -four (24) hours the
division will make a good faith effort to give a notice of seizure in writing to said vehicle owner and lien
holder of the fact of such seizure, the grounds for seizure, identification of the seized vehicle and
information concerning these regulations and the designated secured facility to which the vehicle was or
will be taken. A copy of said notice of seizure shall also be given to the towing company which impounds
the vehicle.
Whenever an officer or designated employee seizes a vehicle under this section, and does not know and
is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the
owner as hereinabove provided, then the officer or designated employee shall immediately send or cause
to be sent a written report of such impoundment by mail to the appropriate law enforcement agency.
(d) The division shall obtain the assistance of either the county sheriffs office or the specific police
agency in the municipality where the vehicle is to be towed to coordinate the impoundment of the
vehicle with an authorized towing company either on rotation by the law enforcement agency or
under contract with the division.
(e) The vehicle shall not be released to the vehicle owner by the towing company until authorization has
been given by the DCA. The owner must show proof that all judgments from outstanding citations
and administrative actions that relate to the failure to have commercial liability insurance have been
paid or proof is shown that a court hearing has been scheduled to consider said outstanding
citations. Further, the vehicle owner must make arrangements through the company's commercial
insurance agent /company to show proof to the DCA that the vehicle has the required insurance or
provides a notarized affidavit that the vehicle will no longer be used as a vehicle for hire, returns the
vehicle for hire decal and shows proof of insurance as required by the state.
(f) After meeting the requirements in subsection (e) above, the registered owner of the impounded
vehicle may request that the impounded vehicle be released, by delivering a written request in
person to the DCA, Monday through Friday, between 8:00 a.m. and 4:00 p.m., excluding holidays.
The DCA will then issue an authorization to the vehicle owner for the towing company to release the
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
vehicle. The vehicle owner is responsible for the payment of all towing and storage charges incurred
by the impoundment prior to said release.
(g) The owner and /or lien holder of the vehicle may appeal the decision of the division to impound a
vehicle and facilitate its release by:
(1) Complying with the requirements in subsections (e) and (f) above; or
(2) Initiating the appeal and waiting for the decision of the hearing board /special master with the
understanding that if the appeal is not successful, additional daily vehicle storage fees shall be
assessed by the towing company for which the owner shall be required to pay prior to release of
the vehicle.
(h) Appeal process. If the vehicle owner disputes the grounds for the vehicle impoundment, he or she
may appeal to the consumer affairs hearing board /special master. The owner of an impounded
vehicle shall make a request in writing to the division for a hearing within five (5) business days of
the vehicle being impounded and pay the non - refundable appeal fee established by resolution of the
board. The division shall arrange for the hearing within ten (10) business days or as soon as
practicable, after receiving the written request. All interested persons shall be given reasonable
opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing,
and hearsay evidence shall be admissible. After considering all evidence presented, the hearing
board /special master shall upon clear and convincing evidence, either uphold the decision of the
division to impound the vehicle or determine there was insufficient cause for impoundment. If the
hearing board /special master determines there was insufficient cause for the impoundment:
(1) The towing fees will be returned to the owner by the division; or
(2) The vehicle shall be returned to the owner without any fees being assessed. In such cases, the
division shall be responsible for paying the towing company for all charges and fees incurred.
(i) If the division's decision to impound is upheld, the hearing board /special master shall order the
continued impoundment of the vehicle unless the owner posts a cash bond in the amount of the
maximum fines, towing and storage fees or does not admit to the violation but pays the towing and
storage fees and any fines.
Q) Default hearing. If the owner of the impounded vehicle fails to appear for the appeals hearing
specified above, the hearing board /special master shall make a determination pursuant to this
section. The division shall inform the owner of the default determination by certified mail, return
receipt requested or by personal delivery. The order of the hearing board /special master shall
include the provisions of this section.
(k) Vehicles not claimed as required by this section will be considered abandoned ten (10) days after
impoundment or ten (10) days after service of the order of the hearing board /special master. The
towing company which has possession of the vehicle is then authorized to dispose of the vehicle in
accordance with F.S. § 713.78, as may be amended.
(Ord. No. 08 -043, § 12, 9- 23 -08; Ord. No. 2012 -009, § 5, 5- 15 -12)
Sec. 19 -223. Vehicle safety and appearance requirements.
(a) The windshield and all side and rear windows shall provide clear visibility and operate according to
the manufacturer's specifications. The windshield and all windows shall possess no breakage,
cracks or pits that impair visibility or hinder the safety of passengers. All window cranks /power
window switches shall be complete, intact and functioning. Windows on vehicles for hire shall not be
covered by, or treated with a material which would cause the vehicle to be in violation of F.S. §§
316.2951- 316.2956, as may be amended.
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(b) All standard manufacturer's interior equipment shall be complete, intact and functioning; including,
but not limited to interior lights, dashboard, trim, gear shifts and head rests. Vehicle interiors must not
contain loose objects and must be clean, sanitary, and free of broken seats /protruding sharp edges
or torn or damaged upholstery, headliner, or floor coverings. The vehicle's interior must be free of
offensive odors. The floor board shall be free of rust and holes. Trunks and luggage compartments
must be kept clean and free of debris.
(c) All doors must have operating handles, which allow opening from both the inside and outside, and
door hinges and latches must function properly. Door locks must be operable by passengers at all
times. Door seals and gaskets must be intact/operating and prevent water, odor and fumes from
entering the vehicle from outside. All door panels must be intact to prevent accidental injuries on
door and window mechanisms.
(d) Seat belts shall be available for all passengers (according to manufacturer's specifications and state
law). Seat belts shall be in operating condition, easily accessible, clean and free of grease and other
objectionable substances.
(e) All vehicles shall be equipped with a fully functioning heating and air conditioning system which
controls the temperature of the inside of the vehicle between 68 and 78 degrees Fahrenheit. The
vehicle shall be equipped with a fully functioning windshield defrost or defogging system.
(f) All vehicles shall be equipped with a light capable of illuminating the interior of the vehicle, controlled
by the operation of the doors, or manually controlled by the driver.
(g) The transportation of children shall be in accordance with F.S. § 316.613, as may be amended.
(h) Those vehicles and operations, which are subject to the Americans with Disabilities Act (ADA), shall
comply with the applicable provisions of said act.
(i) The vehicle's body, fenders, doors, trim, grill and paint must be free from cracks, breaks, rust, and
body damage that detracts from the overall appearance of the vehicle or could result in harm or
injury to the passenger or his /her personal belongings.
Q) The vehicle must be equipped with safe tires of the same size. No recaps shall be used. Maximum
allowable tread wear shall be where tread is level with the wear bar, or two - thirty- seconds (2/32 inch
when measured at three (3) random places in the tire tread. The tires shall be inflated to
manufacturer's specifications and free of cuts, cracks, bulges, or exposed belts.
Q) The vehicle must be equipped with safe tires of the same size. No recaps shall be used. Maximum
allowable tread wear shall be where tread is level with the wear bar, or two - thirty- seconds (2/32 inch
when measured at three (3) random places in the tire tread. The tires shall be inflated to
manufacturer's specifications and free of cuts, cracks, bulges, or exposed belts.
(k) Windshield wipers must be operational according to the manufacturer's specifications. Wiper blades
shall be in such a condition as to make firm contact with the windshield when operational, and shall
not be torn or worn.
(1) Reflectors and lenses shall not be cracked or missing and must be the correct color and properly
positioned.
(m) Low and high beam headlights, turn signals, brake, tail and reverse lights shall be operable as
required by state law. Each vehicle shall have a white light on the vehicle to illuminate the rear
license plate so that it is clearly visible.
(n) Steering mechanisms shall not be worn or jammed, nor shall there be more than two (2) inches play
to the left or right of center, measured at the steering wheel rim with the front wheels in a straight -
ahead position. Power steering units shall not have visible signs of fluid leakage.
(o) The vehicle suspension shall function as designed by the manufacturer.
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(p) The vehicle shall be equipped with an operating horn with the actuating button mounted in the
location designated by the vehicle manufacturer and operated in the manner designed and
assembled by the vehicle manufacturer.
(q) Each vehicle shall contain an operating parking brake and a primary brake system which acts on all
four (4) vehicle wheels. There shall be no visible leaks in the brake line, hoses, wheel cylinders or
any part of the brake system and no frayed cables. Brake linings and /or disc pads, when measured
at the thinnest point shall not be less than one - sixteenth (1/16) of an inch and firmly attached to the
brake shoe or disc. Disc brake rotors and brake drums shall be of a size and type appropriate for the
vehicle, with no cracks or other damage which change or impair the functional surface. All primary
brake systems shall demonstrate a reasonable total braking force when conducting a rolling stop.
(r) There shall be no leakage of exhaust gas from the exhaust manifold, muffler or any other point in the
exhaust system as determined through a visual and audible inspection. The tail pipe shall discharge
exhaust from the rear of the vehicle according to manufacturer specifications.
(s) Belts shall show no signs of excessive wear and be free of cracks and frays. Hoses shall be firm and
in good condition, free of leaks and cracks.
(t) All fluid levels shall be maintained according to manufacturer's specifications.
(u) Vehicles are required to have manufacturer specified spare tires and tire changing equipment,
unless all wheels are equipped with a "run flat tire" system.
(v) Vehicles must be equipped with functioning speedometer and odometer.
(w) Vehicles must receive routine maintenance according to the manufacturer's recommendations
pertaining to service intervals. A record of such routine maintenance must be maintained and is
subject to inspection by the division.
(x) Businesses must assure that each vehicle or driver has a means of communicating to a central
dispatch or to emergency agencies with a two -way radio and /or cellular mobile telephone.
(y) Failure to comply with the provisions of this section and applicable sections of F.S. ch. 316, as may
be amended, may result in denial of a permit(s), revocation or suspension of the permit(s), a denial
of renewal of such permits, issuance of a civil citation, a misdemeanor conviction or other such
remedies available to the division by law.
(Ord. No. 08 -043, § 13, 9- 23 -08)
Sec. 19 -224. Non - medical wheelchair and stretcher transportation service companies
operational requirements.
(a) Non - permitted transportation. It shall be unlawful to provide the following types of transportation for
any person:
(1) Requiring intravenous fluid administration while in route.
(2) Requiring direct medical attention while in route.
(3) Requiring ventilatory assistance.
(4) Requiring orthopedic traction during transit.
(b) Vehicle design — wheelchair operations.
(1) Each vehicle shall have, in addition to the rear - vision mirror required by F.S. ch. 316, an inside
rear - vision mirror which will enable the driver to view the entire compartment;
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Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(2) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain
individual passenger conveyance(s) within the passenger compartment of the vehicle;
(3) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture;
(4) The passenger compartment shall provide a minimum of fifty -five (55) inches of height,
measured from the finished floor to the finished ceiling;
(5) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning
devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or
rescue vehicle;
(6) Vehicles for hire which are intended to be used for or are used for the transport of individuals in
wheelchairs shall be designed and equipped to meet minimum requirements as specified by the
state department of transportation for wheelchair lift vehicles (F.A.C. § 14 -90, as may be
amended).
(c) Vehicle design— stretcher operations. Prior to transportation, a non - medical, wheelchair and
stretcher transportation service provider shall be required to obtain from the passenger, who requires
transportation by a stretcher a written statement that the person does not need, nor is likely to need,
immediate medical attention during transport. This statement must be attached to the corresponding
trip manifest. Vehicles for hire which are intended to transport a passenger by stretcher, shall be
equipped as follows:
(1) Each vehicle shall have crash stable side or center mounting litter fasteners as a means of
latching a stretcher to the vehicle. Litter fasteners shall secure the litter to the floor or sidewalks.
Where a single passenger may be centered in the passenger area of the vehicle on a wheeled
litter, additional attachments (cups and locks) shall be provided. Attachments shall be near flush
with the surrounding surface when not in use;
(2) At least two (2) strap -type restraining devices shall be provided per stretcher, cot, or litter to
prevent longitudinal or transverse dislodgment of the passenger during transit;
(3) Each vehicle shall have, in addition to the rear - vision mirror required by F.S. ch. 316, an inside
rear - vision mirror which will enable the driver to view the entire passenger compartment;
(4) Vehicle entry and exit doors shall be equipped with latching devices sufficient to restrain
individual passenger conveyance(s) within the passenger compartment of the vehicle. Striker
plates will be used in conjunction with latching devices;
(5) The floor of each vehicle shall be sealed to avoid the seepage of water or moisture;
(6) The passenger compartment shall provide a minimum of fifty -five (55) inches of height,
measured from the finished floor to the finished ceiling;
(7) Vehicles shall not display any ambulance or rescue vehicle emergency lighting or warning
devices, nor shall they be painted in a fashion that is similar to or resembles an ambulance or
rescue vehicle.
(d) Vehicle design— Combination wheelchair /stretcher. Vehicles for hire which are intended to be used
for, or are used for the transportation of persons on both a stretcher, or wheelchair shall be subject to
all provisions contained above in section 19 -223. Each non - medical wheelchair and stretcher
transportation service company shall select and use a uniform specific and consistent color and
signage scheme for all vehicles registered to the business. Each company shall submit to the
division for approval, upon application, three (3) color photographs, not less than eight (8) inches by
ten (10) inches size, showing the entire vehicle, driver's side (assuming passenger side is identical),
front and rear of the vehicle which depicts the chosen color scheme, including signage per section
19 -215 of this article. Each non - medical wheelchair and stretcher transportation service vehicle shall
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operate under a trade name which is distinct from and not substantially similar to any existing vehicle
for hire company.
(e) Advertising. All advertising or other solicitation for business by such transportation services shall
emphasize in a conspicuous manner that the service does not provide ambulance services or
medical attention, and the service is designed solely to transport those persons whose physical
condition or impairments render it impractical to use a regular common carrier or vehicle for hire
service. All such transportation services advertising in the "yellow pages" of the telephone directory
or elsewhere may only be listed under the heading of "Wheelchair and Invalid Transportation ". Use
of "The Star of Life ", "The Staff of Caduceus ", the term "ambulance ", normal or abnormal EKG
patterns, or any other symbol or sign normally associated with medical attention is prohibited in any
and all advertising including the design /signage placed on the exterior of vehicles.
(f) Those vehicles and operations, which are subject to the Americans with Disabilities Act (ADA), shall
comply with the applicable provisions of said Act.
(g) All vehicles must be equipped with:
(1) A first aid kit containing at a minimum: a hard case; six (6) gauze pads (at least four (4) inches
by four (4) inches); one (1) large gauze pads (at least five (5) inches by nine (9) inches); a box
of adhesive bandages; one package of gauze roller bandage at least two (2) inches wide; ten
(10) sealed antiseptic wipes; scissors; tweezers; adhesive tape and latex gloves.
(2) A bodily fluid "spill kit" containing at a minimum: safety gloves; foldable wipes; scoops; hand
cleaner; biohazard disposal bags; and absorbent, hazardous waste disposable bags.
(3) An all- purpose fire extinguisher (ten (10) lb. ABC).
(h) Failure to comply with the provisions of this section may result in denial of a permit(s) /decals,
revocation or suspension of the permit(s) /decals, a denial of renewal of such permits, issuance of a
civil citation, a misdemeanor conviction or other such remedies available to the division herein.
(Ord. No. 08 -043, § 14, 9- 23 -08; Ord. No. 2012 -009, § 6, 5- 15 -12)
Sec. 19 -225. Vehicle inspections.
(a) Mechanical /safety inspections.
(1) All vehicles for hire that are less than seven (7) years old based on the registration or have not
exceeded five hundred thousand (500,000) miles, shall be inspected annually, but not more
than 60 days before the application for a business permit is submitted to the division. Vehicles
more than seven (7) years old based on the registration, or which have exceeded five hundred
thousand (500,000) miles, shall be inspected bi- annually. All vehicles added to the fleet of
permitted businesses must meet these inspection requirements.
(2) Vehicle inspections shall be performed by an automobile technician or master automobile
technician both of which must be certified by the National Institute for Automotive Service
Excellence (ASE) who at a minimum has passed the requirements for suspension /steering
and /or brakes.
a. The ASE certified automobile technician /master automobile technician performing the
inspection must utilize a three (3) part inspection form supplied by the division for each
vehicle.
b. The inspection form must show that the vehicle passed all of the requirements as specified
in section 19 -223
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c. The technician must provide his /her ASE certification number, the expiration date of his /her
certification, the name and license number of the state licensed motor vehicle repair facility
where the inspection was performed and his /her signature as verification that all
information provided is true and correct. This information must be recorded on the
inspection form for each vehicle inspected.
(3) It shall be a violation of this article to fail to use a certified technician to inspect vehicles or to
submit false inspection forms to the division. The division may verify information and inspection
forms submitted by the business. A business which fails or does not follow the requirements of
this section is subject to denial, revocation or suspension of its business permit and decals and
denial, revocation or suspensions of renewal of same.
(b) Signage and visual inspections.
(1) The division shall conduct signage and visual inspections of all vehicles required to have
exterior signage, taxi roof top lights, and /or taximeters, upon the submittal and completion of all
application requirements. Such vehicles for hire shall be inspected by division personnel to
verify that vehicles comply with the requirements of this article. Division personnel shall conduct
a visual inspection of all vehicles to assure that safety and appearance standards are in
compliance with this article. When the vehicle passes inspection, division personnel shall
properly affix the required decal to the windshield.
(2) The inspection of vehicles shall take place during a designated period of time and at a location
designated by the division. It is the responsibility of the vehicle for hire business to make
vehicles available during the designated period of time and at the designated location.
(3) The division will provide written notification (fax or electronic notification acceptable) to the
vehicle for hire company of the time and location where inspections will be conducted.
(4) If the business fails to appear for inspection, during the designated inspection period
established by the division, a rescheduling fee must be paid to the division prior to rescheduling.
The non - refundable rescheduling fee shall be established by resolution of the board. Failure to
reschedule within five (5) business days shall be a violation of this article and may result in the
denial /revocation of the permit. If a business cancels or fails to present the vehicle(s) for the re-
scheduled inspection, the business shall pay a fee that is double the regular rescheduling fee as
established by resolution of the board.
(5) Vehicles acquired by a business after submitting the annual business permit application cannot
be substituted for vehicles previously scheduled for inspection, unless the business provides all
required vehicle documentation at least ten (10) business days before the designated inspection
time established by the division.
(6) If a vehicle inspection reveals deficiencies (fails) and a reinspection is required, then the failed
vehicle(s) are to be brought to the division's designated reinspection site within five (5) business
days by appointment. If the vehicle is not reinspected within five (5) business days, then a failed
vehicle reinspection fee as established by resolution of the board shall be paid to the division.
(7) Vehicles that have failed an inspection shall be red - tagged by the division. A red -tag "out of
service" decal will be applied to the vehicle by a division employee and the vehicle shall not be
used for any business purposes until such time as the vehicle is brought to the division,
inspected and approved for operation. Only division employees may remove the red -tag decal.
(8) It is a violation of this article to fail to abide by the provisions of this section and to fail to have
vehicles inspected.
(c) The division has the right to conduct field inspections of all vehicles for hire, at any time. It is a
violation for any vehicle to fail to meet the mechanical, safety and signage requirements, of this
article. DCA personnel may issue a citation or written warning and may apply a "red tag" decal to any
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vehicle found not meeting these requirements. The "red tag" will be used for significant safety
deficiencies (including but not limited to the following subparagraphs from sections 2 -223: (a), (c),
(d), (e), Q), (k), (1), (m), and (r)). The "red tag" must remain on the vehicle until noted deficiencies
have been corrected and verified by DCA personnel. Only DCA employees may remove the "red tag"
decal.
(Ord. No. 08 -043, § 15, 9- 23 -08; Ord. No. 2012 -009, § 7, 5- 15 -12)
Sec. 19 -226. Commercial automobile liability insurance.
(a) It shall be unlawful for any vehicle for hire company to operate and transport passengers for
compensation until that company has filed with the division and maintains in effect for each vehicle a
certificate of insurance which shall insure such vehicle for commercial automobile liability insurance
for passenger transportation and shall meet or exceed minimum insurance limits as established by
resolution of the board.
(b) All insurance policies required shall be issued by insurance companies licensed and admitted to
write commercial automobile liability insurance in the state. No policy shall be accepted which is less
than a six -month duration. Each policy shall be endorsed to provide for at least thirty (30) days'
written notice to the division of any non - renewal of the policy or at least ten (10) days' written notice
to the division of any cancellation /non - payment of the policy. Evidence of the renewal of the policy
shall be filed with the Division prior to such policy's expiration date. Failure to file such evidence of
insurance, or failure to have same in full force and effect, may result in denial of a permit(s),
revocation or suspension of the permit(s), a denial of renewal of such permits, issuance of a civil
citation, a misdemeanor conviction charge or other such remedies available to the division herein.
(c) Each certificate of insurance shall be submitted to the division directly from the insurer (or a duly
authorized agent) and said certificate shall include a list of insured vehicles owned by the company,
as well as a list of the drivers approved by the insurance company for operation of the vehicles listed
on the certificate. The business shall provide the insurance company, as well as the division, with an
updated and complete list of drivers and /or vehicles in the event said drivers or vehicles change
throughout the licensing year. A new certificate of insurance shall be submitted to the division directly
from the insurer (or a duly authorized agent) no later than thirty (30) business days after said change
has been made. For vehicles not owned by the business, the division shall receive directly from the
insurer (or a duly authorized agent), a copy of the certificate of insurance for said vehicle(s),
identifying the owner and the corresponding driver(s) of said vehicle(s) and the name of the
associated company, as proof that all have proper commercial automobile liability insurance for
passenger transportation that meets or exceeds the minimum insurance limits as established by
resolution of the board. It is a violation of this article to fail to abide by these requirements.
(d) A properly completed certificate of insurance evidencing all insurance coverages shall be made
available to the division upon application for a business permit. Each vehicle must be listed on the
certificate(s) by its year, make and vehicle identification number. Certificates of insurance must
contain the following name and address as certificate holder and additional insured:
Board of County Commissioners of Palm Beach County
c/o Division of Consumer Affairs
50 South Military Trail, Suite 201
West Palm Beach, FL 33415
(e) The division may deny, suspend or revoke the business permit of any vehicle for hire company for
failure to obtain or maintain insurance as required by this article. Any company which submits false
or fraudulent insurance documents shall be subject to immediate denial or revocation. Such
companies shall not be eligible to reapply for a business permit for five (5) years. The DCA shall
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notify the state department of financial services /division of insurance fraud for follow -up investigation
and review. Upon denial, suspension or revocation of the business permit, the vehicle for hire
company shall be entitled to an appeal according to the provisions in section 19 -229
(f) The division shall suspend the business permit of any vehicle for hire company which fails to ensure
that each and every vehicle associated with the company has:
(1) A current certificate of insurance provided to the DCA by the authorized agent or insurance
company no later than the date of expiration of its previous policy, or
(2) A reinstatement notice provided to the DCA no later than the date of cancellation of said policy.
(g) Any vehicle for hire company which has had its business permit suspended more than three (3)
times in any twelve -month period (as provided for in subsection (f) above) may have such permit
revoked for a period of one (1) year.
(h) An "administrative insurance reactivation" fee established by resolution of the board, shall be
assessed all vehicle for hire companies that are suspended pursuant to subparagraph (f) above. The
suspension shall not be withdrawn until the fee is paid to the division.
(Ord. No. 08 -043, § 16, 9- 23 -08; Ord. No. 2013 -007, § 6, 4- 16 -13)
Sec. 19 -227. Driver requirements; failure to comply.
(a) It shall be unlawful for any person to operate any vehicle for hire within and upon the streets of the
county without a county vehicle for hire driver's identification badge (driver's I.D. badge) issued by
the division. All applicants for a vehicle for hire driver's I.D. badge shall conform to the following:
(1) Be at least twenty -one (21) years of age;
(2) Possess a valid State of Florida driver's license as required by the state department of highway
safety and motor vehicles and must show proof that he /she has possessed a valid driver's
license from any state within the United States for three (3) years prior to applying for a driver's
I.D. badge. If a person has not driven for three (3) years in the United States, he /she must
obtain the driving record from any other jurisdictions where he /she did drive or if he /she is
unable to obtain the driving record, must sign an affidavit under penalty of perjury that he /she
has no driving record which would prevent him /her from driving a vehicle in the county;
(3) Provide the original form of his /her lifetime state department of highway safety and motor
vehicles traffic /driving record report to the division which was secured no more than thirty (30)
days before the application /renewal was submitted. Upon initial application, if a driver has
resided in Florida less than five (5) consecutive years, a traffic /driving record /history from each
state where he /she previously resided must be provided for at least a five -year period;
(4) Not have more than three (3) or more separate incidents involving moving violations in any
twelve -month period in the previous three (3) years prior to the initial application or renewal of a
driver's I.D. Badge in which the applicant plead guilty or was found guilty or have accumulated
more than twelve (12) points within a twelve -month period, eighteen (18) points within an
eighteen -month period, or twenty -four (24) points within a thirty- six -month period for driving
infractions;
(5) Not have been classified as a habitual traffic offender (as defined by state statutes) or as
defined by the state where he /she previously resided within five (5) years of applying for a
driver's I.D. badge and was not previously issued a driver's I.D. badge by the division;
(6) Upon initial application or renewal, the driver must provide the original request form for his /her
Florida Department of Law Enforcement (FDLE) criminal history /records report to the division,
as well as payment for the amount required to secure the criminal history /records report. The
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division shall then be responsible for processing the request and payment to the FDLE. The
division may conduct additional criminal history /records reports of other states /jurisdictions as
deemed appropriate. The division may require an applicant to submit to a finger print analysis if
there is a question of identity;
(7) Have no conviction within the preceding five (5) years from the date of application for any
offense related to driving a motor vehicle under the influence or while intoxicated;
(8) Have not more than one (1) conviction within the preceding ten (10) years from the date of
application for any offense related to driving a motor vehicle under the influence or while
intoxicated;
(9) Have no more than two (2) traffic citations resulting from accidents in the three (3) years
preceding the date of the current permit year wherein the driver has been found guilty;
(10) Have no conviction for any first - degree misdemeanor offense relating to or threatening the
public safety as determined by the board, or have been released from incarceration for such
misdemeanor conviction (whichever is later), within three (3) years before the date of
application for a vehicle for hire driver I.D. badge. Said misdemeanor offenses include, but are
not limited to, the following: stalking, battery, driving while license is suspended or revoked,
carrying a concealed weapon, reckless driving which causes damage to property, racing on
highway, criminal possession of a controlled substance /paraphernalia, resisting arrest without
violence, or obscenity (selling /distributing sexual material to minor);
(11) Have no conviction for a felony offense, relating to or threatening the public safety as
determined by the board, or have been released from incarceration for such felony conviction
(unless proof is shown that the applicant's civil rights have been restored) (whichever is later),
within five (5) years before the date of application for a vehicle for hire driver I.D. badge. Said
felonies relating to, or threatening the public safety shall include, but are not limited to, the
following: battery, carrying a concealed weapon, discharging a firearm in public, robbery (not
armed), burglary (not first degree), criminal sale of a controlled substance, criminal possession
of controlled substance /paraphernalia, obscenity (selling /distributing sexual material to a minor
or exchanging computer pornography with a minor), a habitual felony offender, aggravated
assault, child abuse /neglect, reckless driving with serious bodily injury, fleeing /attempting to
elude a law enforcement officer, aggravated fleeing or eluding a law enforcement officer
causing serious body injury, luring or enticing a child under twelve (12) (second conviction),
resisting an officer with violence, procuring a person under eighteen (18) for prostitution, selling
or buying minors for sex trafficking /prostitution, forcing /compelling /coercing a person for
prostitution, or abuse /aggravated abuse /neglect of an elderly person or a disabled adult. The
division may require applicants to provide the final disposition for felony criminal cases on
background checks received by the division from any source. Failure to provide the disposition
of such cases shall result in the denial of a driver's I.D. badge;
(12) Have no conviction of any of the following offenses determined by the board to be necessary for
the protection of public safety (unless proof is shown that the applicant's civil rights have been
restored):
a. Murder, attempted murder, attempted felony murder, manslaughter, (F.S. ch. 782);
b. DUI manslaughter (F.S. § 316.193(3));
c. Sexual battery, attempted sexual battery (F.S. § 794.011);
Lewd or lascivious battery, attempted lewd or lascivious battery, lewd or lascivious
molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (F.S. ch. 800);
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e. Lewd or lascivious offense upon or in the presence or an elderly or disabled person,
attempted lewd or lascivious offense upon or in the presence of an elderly or disabled
person (F.S. § 825.1025);
f. Promote sexual performance by a child, attempted sexual performance by a child (F.S. §
827.071);
g. Aggravated child abuse (F.S. § 827.03);
h. Failure to register as a sexual predator (F.S. ch. 775) or sexual offender (F.S. § 943.0435);
i. Computer pornography, transmission of computer pornography, buying or selling of minors
(F.S. ch. 847);
j. Kidnapping, attempted kidnapping, false imprisonment, or luring and enticing a child (F.S.
ch. 787);
k. Exposure of sexual organs (F.S. § 800.03);
I. Aggravated battery, attempted aggravated battery (F.S. ch. 784);
m. Armed robbery, attempted armed robbery, carjacking, attempted carjacking, home
invasion, attempted home invasion (F.S. ch. 812);
n. Poisoning of food or water (F.S. § 859.01);
o. First degree burglary or attempted first degree burglary (F.S. § 810.02);
p. Arson or attempted arson (F.S. § 806.01);
q. Aggravated stalking (F.S. § 784.048);
r. Aggravated battery or aggravated assault on a law enforcement officer or other specified
officer (F.S. § 784.07);
s. Aircraft piracy (F.S. § 860.16);
t. Unlawful throwing, projecting, placing, or discharging of any destructive device or bomb or
attempting to do so (F.S. § 790.161);
u. Facilitating or furthering terrorism (F.S. § 775.31);
v. Treason (F.S. § 876.32);
w. Any offense committed in another jurisdiction that would be an offense listed in this
paragraph if that offense had been committed in the State of Florida.
(13) In addition, the person has not been declared to be one of the following:
a. A habitual violent felony offender under F.S. 775.084(1)(b);
b. A Three -time violent felony offender under F.S. 775.084(1)(c);
c. A violent career criminal under F.S. 775.084;
d. A prison releasee reoffender under F.S. § 775.082(9)(a);
e. A sexual predator under F.S. § 775.21;
(14) All vehicle for hire drivers with current driver I.D. badges are required to notify the division within
ten (10) business days upon being convicted of any crime;
(15) Applicants shall have no unsatisfied civil penalties, judgments or administrative orders
pertaining to this article;
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(16) Every application or renewal application for a driver's I.D. badge and application for amendment
of a driver's I.D. badge, shall be in writing and signed by the applicant and shall be filed with the
county division of consumer affairs on a form provided by the division together with the
nonrefundable driver's I.D. badge fees which shall not be subject to proration;
Each driver's I.D. badge shall be valid for a two -year period and shall be renewed every other
year from the date of the initial /renewal application. The division may deny or revoke a vehicle
for hire driver's I.D. badge if it is determined that the applicant has misrepresented, omitted, or
concealed a fact on the application, renewal application or replacement application. If the
driver's I.D. badge is denied, the division shall not accept an application for said driver's I.D.
badge for one (1) year from the date the badge is denied, unless there is less than one (1) year
to satisfy the time restrictions in paragraph (a) above related to the following subparagraphs:
(4), (5), (7), (8), (9), (10), or (11). In such situations, the applicant will be permitted to reapply for
a driver's I.D. badge after the time requirements have been satisfied. If the driver's I.D. badge is
revoked, the division shall not accept an application for said driver's I.D. badge for one (1) year
from the date the badge is revoked. Any person renewing a driver's I.D. badge must file a
renewal application, furnish the documentation requested by the division, and submit payment
for the required nonrefundable renewal fee(s) not more than ninety (90) days before the
expiration date of a driver's I.D. badge. Persons who fail to reapply for their driver's I.D. badge
thirty (30) days prior to expiration, risk having a gap in their authorization to drive a for -hire
vehicle. Persons who fail to submit their renewal application, required documentation and fees
by the expiration date of the driver's I.D. badge must pay a nonrefundable late fee, over and
above the driver's renewal fee. Any applicant who fails to submit a renewal application within
one (1) year of the expiration of a current badge will be considered a new applicant when
reapplying and no grandfathered provisions will apply. Said fees shall be established by
resolution of the board;
(17) Submit to photographing (full face exposure /without sunglasses or head coverings) prior to the
issuance of the permit/I.D. badge by the division;
(18) Complete the driver's I.D. badge registration affidavits provided by the division;
(19) Not possess a suspended or revoked driver's license as a result of a moving violation or have
any outstanding and unsatisfied civil penalties, citations or judgments imposed due to violations
of this article;
(20) Not violate the terms of a cease and desist order, assurance of voluntary compliance, notice to
correct a violation or any other lawful order of the director;
(21) Not be enjoined by a court of competent jurisdiction from engaging in the vehicle for hire
business or was enjoined by a court of competent jurisdiction with respect to any of the
requirements of this article;
(22) Have no conviction in any military or foreign jurisdiction, federal, state, county or municipal
jurisdiction within the United States for violations analogous or parallel to those violations
enumerated in all sections herein;
(23) Not be found by the division to have a lack of reputability as provided herein. For the purposes
of this article, lack of reputability shall mean that the division cannot trust the applicant to
safeguard the welfare and property of the public. Acts constituting a lack of reputability shall
include, but are not limited to, responding to a call while under the influence of alcohol or any
controlled substance to the extent where normal faculties are impaired, the unexplained
removal of personal property from a vehicle for hire not belonging to the driver, outstanding
arrest warrants for the driver applicant, falsification of information in the vehicle for hire
application process, or other facts and circumstances that lead the division to believe the
applicant's reputation in the community cannot be trusted.
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(b) The driver of a vehicle for hire shall conspicuously display on the driver's person through the use of a
neck lanyard, or above the waist on the outermost garment, the driver's I.D. badge issued pursuant
to this article so that it is visible and available for inspection to the public, division personnel and all
law enforcement officials while engaged and on duty for a vehicle for hire business.
(c) Each driver's I.D. badge shall be developed by the division. Each driver's I.D. badge shall, at a
minimum, contain the name of the driver, date of expiration, photo of the driver, name of the
company(s), and such additional terms, conditions, provisions and limitations as were imposed
during the approval process. Drivers are required to submit a notarized affidavit signed by each
permitted vehicle for hire company with whom s /he is driving. The affidavit (on a form prepared by
the division) shall also include a statement by the business owner that the driver is eligible to be
insured under the company's insurance policy. When a driver is no longer driving for a vehicle for
hire company, the driver is required to notify the division within ten (10) business days. Failure to
follow these requirements shall be a violation of this article.
(d) The division may issue a replacement I.D. badge to any driver upon application, payment of a
nonrefundable replacement fee, presentation of proof or a sworn affidavit that the I.D. badge has
been lost, stolen, change of company, or for any other valid reason, and any other documentation or
requirement requested by the division. The replacement fee shall be established by resolution of the
board.
(e) It shall be unlawful for any person to drive a vehicle for hire unless such person has a valid vehicle
for hire driver's I.D. badge issued pursuant to this section.
(f) It shall be unlawful for any person to drive a vehicle for any vehicle for hire company which has not
been granted a business permit pursuant to section 19 -218 of this article.
(g) It shall be unlawful for any applicant for a vehicle for hire driver's I.D. badge to misrepresent, omit or
conceal a fact on the application, renewal application or replacement application.
(h) Upon submission of the application, the division shall provide the driver with a receipt. No applicant
shall be permitted to drive a vehicle for hire in the county until the Division has issued to him /her a
driver's I.D. badge. The division shall provide the driver's I.D. badge within ten (10) business days
following the submittal of the application and all required documents. In the event the official criminal
background records furnished to the division are insufficient and additional information is necessary,
the division shall be permitted an additional twenty (20) business days to issue the driver's I.D.
badge.
(i) No driver shall operate one (1) or more vehicles for hire for more than twelve (12) cumulative hours
of driving within any twenty- four -hour period as supported by a required vehicle trip manifest
prepared by the driver and maintained by the vehicle for hire company.
Q) Drivers are required to provide a smoke free environment inside the vehicle at all times.
(k) Beginning on June 1, 2013, in addition to maintaining hygienically clean, well groomed and neat
appearance, drivers must wear a collared shirt, long pants or a knee length skirt, and closed shoes.
(1) Passengers shall be offered a receipt for the fare collected.
(m) Drivers shall not use abusive language or be discourteous to passengers or division personnel.
(n) Drivers must be able speak and understand English to the extent they can take instruction from
passengers and complete trip manifests and incident /accident reports.
(o) Upon initial application for a driver's I.D. badge, the division or designated agency shall examine
each applicant and, at a minimum, determine the applicant's knowledge of county geography and
his /her ability to understand the English language. A driver is only required to successfully complete
the examination one (1) time. A driver /applicant which initially fails either the geography or English
test may retake the test within thirty (30) days at no additional charge. If a driver /applicant fails either
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requirement during the retest, that person will be denied his /her I.D. badge, but may reapply and
repay all applicable fees at anytime.
(p) Vehicle for hire drivers shall cooperate fully at all times with the division in the furnishing of
information required in connection with requests for proof of driver's license, vehicle insurance and /or
driver's I.D. badge, during the process of applying to renew a driver's I.D. badge, and during
investigations of consumer complaints. Further, vehicle for hire drivers shall not obstruct, hamper or
interfere with an investigation of violations of this article conducted by division personnel, any law
enforcement officer or employee of any other agency enforcing this article. At no time shall a vehicle
for hire driver use abusive language or display discourteous, hostile, aggressive or other
inappropriate behavior toward passengers, other vehicle for hire drivers, vehicle for hire business
owners or their representatives, division personnel, law enforcement officers or any agency
authorized to enforce this article.
(q) All vehicle for hire drivers who own or lease the vehicle(s) they drive, shall remove and surrender to
the division the vehicle decal and driver's I.D. badge within ten (10) business days after he /she is no
longer driving for that particular vehicle for hire business. Such owner /driver must also remove all
vehicle signage and top lights within ten (10) business days after he /she is no longer driving for the
vehicle for hire business.
(r) Exemptions: Any person who possessed a valid driver's I.D. badge on the effective date of this
article shall be exempt from any new requirements of section 19 -277, subsections (a)(1) —(8), (10)-
(13) and (23). However, such persons would be ineligible to receive a driver's I.D. badge and the
driver's I.D. badge would be revoked if he /she is convicted of new offenses as described in this
article.
(s) Failure to comply with the provisions of this section may result in the division denying an I.D. badge,
revoking or suspending the driver's I.D. badge, denying a renewal of such driver's I.D. badge, issuing
a civil citation, a misdemeanor conviction or other such remedies available to the division herein.
(Ord. No. 08 -043, § 17, 9- 23 -08; Ord. No. 2011 -040, § 5, 12- 20 -11; Ord. 1,4u. 2012 -009, § 8, 5- 15 -12;
Ord. No. 2013 -003, § 2, 2 -5 -13; Ord. No. 2013 -007, § 7, 4- 16 -13)
Sec. 19 -228. Fraudulent transfer of vehicle for hire company.
(a) A transfer of a vehicle for hire company to a successor company shall be deemed a fraudulent
transfer if said transfer is made by the vehicle for hire company for the purpose of evading permit
fees and /or civil penalties issued pursuant to this article. In determining intent to defraud,
consideration may be given among other factors to, whether:
(1) The transfer was to an insider;
(2) The vehicle for hire company retained possession or control of the property transferred after the
transfer;
(3) The transfer was disclosed or concealed;
(4) Before the transfer was made or obligation was incurred, the vehicle for hire company had been
sued or threatened with suit;
(5) The transfer was of substantially all the vehicle for hire company's assets;
(6) The value of the consideration received by the vehicle for hire company was reasonably
equivalent to the value of the asset transferred or the amount of the obligation incurred;
(7) The vehicle for hire company was insolvent or become insolvent shortly after the transfer was
made or the obligation was incurred;
Palm Beach County, Florida, Code of Ordinances Page 28
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(8) The transfer occurred shortly before or shortly after substantial permit fees or civil penalties
were incurred; and
(9) The vehicle for hire company transferred the essential assets of the business to a lienor who
transferred the assets to an insider of the vehicle for hire company.
(b) It shall be a violation of this article for a vehicle for hire company to fraudulently transfer a vehicle for
hire company.
(Ord. No. 08 -043, § 1 b, 9- 23 -uo)
Sec. 19 -229. Revocation, suspension and denial of permits /I.D. badges; administrative
appeal.
(a) The division is authorized to deny, suspend or revoke business permit /driver's I.D. badges, upon
written notice. Suspensions shall not be more than six (6) months. Companies /drivers not resolving
issues related to suspensions within the six -month suspension period will be subject to permit/I.D.
badge revocation. Said notice of business permit/I.D. badge denial, suspension or revocation shall
be by personal service (to the owner, driver or representative), by certified mail (return receipt
requested) or posting in a conspicuous place at the place of business or home of the driver.
(b) Upon receipt of the notice of denial, revocation, or suspension of a business permit/I.D. badge, which
notice shall specify the grounds for the denial, suspension or revocation, the vehicle for hire
company, person or driver shall be entitled to an appeal according to the following:
(1) Administrative appeal: Any vehicle for hire company, person or driver which has had a business
permit /driver's I.D. badge denied, revoked, or suspended by the division, may appeal such
decision to the consumer affairs hearing board /special master within twenty (20) days of receipt
of the decision. A non - refundable filing fee must accompany the written request for appeal. The
business, person, driver or attorney shall file a written notice of appeal signed by the business
officer /owner, driver or attorney requesting a hearing and setting forth a brief statement of the
reasons thereof. The filing fee shall be established by resolution of the board. The appeal shall
be reviewed at a hearing of the consumer affairs hearing board /special master within sixty (60)
days of receipt by the division of the notice of appeal. The vehicle for hire
business /person /driver may be represented by an attorney and shall be entitled to present a
defense.
(2) Orders: At the conclusion of any hearing set forth in this section, the consumer affairs hearing
board /special master shall orally render its decision (order) based on evidence entered into the
record. The decision shall be by motion approved by the affirmative vote of those members
present and voting. The decision shall be stated in a written order and mailed to the vehicle for
hire company /driver not later than ten (10) days after the hearing, and shall be deemed final
agency action with regard to the matter appealed.
(3) Court appeal: Any person may appeal a final determination of the consumer affairs hearing
board /special master within thirty (30) days of the rendition of the decision by filing a petition for
writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for the county.
(4) For purposes of appeal, the FDLE criminal history /records reports and the state department of
highway safety and motor vehicles traffic /driving record report shall be deemed prima facie
evidence and admitted into evidence before the consumer affairs hearing board /special master.
(c) All hearings and appeals shall be scheduled and determined as promptly as practicable and in no
event more than sixty (60) days from the date the written notice of appeal was filed. Written notice of
the time, date, and place of the hearing of the appeal shall be served upon the appellant no later
than twenty (20) days prior to the date of the hearing. Said notice of hearing, shall be by personal
Palm Beach County, Florida, Code of Ordinances Page 29
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
service, certified mail or posting in a conspicuous place at the place of business or home of the
driver or person. Failure of the business to respond within the time frames specified herein or failure
to appear at a duly noticed hearing shall be deemed a waiver of the right to hearing and an
admission of the acts specified in the notice.
(d) The consumer affairs hearing board /special master shall consider the evidence and documentation
as well as the statement offered by any interested party and shall consider the matter de novo and
shall, upon the basis of the evidence before it, affirm, modify or reverse the decision of the director.
(e) If the consumer affairs hearing board /special master affirms the decision of the director to deny,
suspend or revoke a business permit/driver's I.D. badge, the denial, suspension or revocation shall
be effective from the date of the consumer affairs hearing board's /special master's written order. All
decisions of the consumer affairs hearing board /special master shall constitute final agency action
for purposes of further appeal.
(f) Suspension of the business permit/driver's I.D. badge: If, at the conclusion of the hearing, the
consumer affairs hearing board /special master decides to suspend the business permit /driver's I.D.
badge, a time certain shall be set as the period of suspension. Prior to the end of such time certain,
those violations for which the suspension was imposed shall be corrected; otherwise, the suspended
permit(s) shall be automatically revoked. A fee of fifty (50) percent of the business permit /driver's I.D.
badge fee shall be collected to reinstate the suspended permit(s) /driver's I.D. badge.
(g) Revocation of business permit/driver's I.D. badge: If, at the conclusion of the permit/driver's I.D.
badge, the business /driver shall return the business permit and /or the driver's I.D. badge and remove
and return all vehicle decals to the division. A vehicle for hire company or driver whose business
permit /driver's I.D. badge has been revoked, shall not be eligible to reapply as a new applicant for a
period of one (1) year from the date of revocation.
(h) If the consumer affairs hearing board /special master reverses the decision of the director, the
director shall issue or restore the business permit /driver's I.D. badge.
(i) When the operating permit of a vehicle for hire company has been denied, suspended or revoked, all
vehicle for hire services shall immediately cease.
Q) In the event a written notice of appeal and accompanying filing fees are not submitted within the
times frames outlined in this article, the decision of the director shall prevail.
(k) Administrative appeal— Insurance. When an operating permit has been suspended or revoked for
failure of the vehicle for hire business to obtain or maintain required commercial liability insurance
and the business wishes to appeal the suspension /revocation, the vehicle for hire company may
appeal such decision to the consumer affairs hearing board /special master within five (5) days of
receipt of the decision. The appeal shall be heard by the consumer affairs hearing board /special
master within ten (10) days of receipt of the written appeal. A non - refundable filing fee must
accompany the written request for appeal. The filing fee shall be established by resolution of the
board.
(1) Effect of appeal: An appeal of the decision of the director to suspend or revoke a business
permit /driver's I.D. badge shall stay the effective date of the suspension or revocation. A stay does
not apply to a revocation or suspension of a business which failed to maintain commercial liability
insurance as required by section 19 -226
(m) Hearing procedures. Notwithstanding section 11 A of Palm Beach County Consumer Affairs
Ordinance 77 -10 (as may be amended from time to time), the consumer affairs hearing board /special
master shall give due regard to competent, reliable and technical evidence which will aid the
consumer affairs hearing board /special master in making a fair determination of the matter,
regardless of the existence of any common law or statutory rule which might otherwise make
improper the admission of such evidence. All parties shall have an opportunity to present evidence
Palm Beach County, Florida, Code of Ordinances Page 30
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
and argument on all issues involved, to conduct cross examination and submit rebuttal evidence,
and to be represented by counsel.
When appropriate, the general public may be given an opportunity to present oral or written
communications. The consumer affairs hearing board /special master may consider any evidence,
including evidence of the general reputation of the petitioner. All testimony shall be under oath and shall
be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed
and shall govern the proceedings. Irrelevant, immaterial or unduly repetitious evidence may be excluded
but all the other evidence of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs shall be admissible, (including hearsay) whether or not such evidence would be admissible
in a trial in the courts of the state. Orders of the consumer affairs hearing board /special master shall be
based on competent and substantial evidence. The petitioner shall have the burden of proof by a
preponderance of the evidence.
(Ord. No. 08 -043, § 19, 9- 23 -08; Ord. No. 2012 -009, § 9, 5- 15 -12)
Sec. 19 -230. Enforcement.
(1) It shall be the duty of the consumer affairs division to enforce the provisions of and initiate
proceedings for violations of the vehicle for hire ordinance.
(2) The consumer affairs hearing board /special master as provided for in Chapter 9, Article I, of this
Code, as may be amended or replaced, shall have jurisdiction over all violations of this article. The
consumer affairs hearing board /special master may conduct hearings regarding violations of the
vehicle for hire ordinance in accordance with the procedures provided for herein.
(3) Whenever, based upon personal investigation and in accordance with the policies and procedures
established by the consumer affairs division, the investigator has reasonable and probable grounds
to believe that a person has committed a violation of the vehicle for hire ordinance, the officer may
issue a citation to the violator which shall include the following information:
(a) Date and time of issuance.
(b) Name and address of person to whom the citation is issued.
(c) Time and date of violation.
(d) A brief description of the violation and the facts constituting reasonable cause.
(e) The name of the investigator.
(f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
(g) The applicable civil penalty if the person elects not to contest the citation.
(4) The maximum civil penalty which may be levied by citation shall not exceed five hundred dollars
($500.00) per day, per violation. Moneys collected in payment for citations shall be remitted to the
consumer affairs division to support the vehicle for hire program.
(5) The act for which the citation is issued shall cease upon receipt of the citation, and the person
charged with the violation shall elect either to correct the violation and pay the civil penalty in the
manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of
weekends and legal holidays, request an administrative hearing before the consumer affairs hearing
board /special master to appeal the issuance of the citation by the investigator. If the hearing date is
not set forth in the citation, a notice of hearing shall be served on the violator as provided in
subsection (11) below. Failure of the violator to appeal the decision of the investigator within the
timeframe as set forth herein shall constitute a waiver of the violator's right to an administrative
Palm Beach County, Florida, Code of Ordinances Page 31
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the
violation, and penalties may be imposed accordingly.
(6) Upon written notification by the investigator that a respondent has not contested the citation or paid
the penalty within the time allowed on the citation, or if a violation has not been corrected within the
time set forth on the citation, the consumer affairs hearing board /special master shall enter an order
ordering the violator to pay the civil penalty set forth on the citation. A hearing shall not be necessary
for the issuance of such an order. The order shall include a notice, if applicable, that fine(s) were
imposed.
(7) Upon appeal of a citation, or at such other times as may be necessary, a hearing before the
consumer affairs hearing board may be convened. The following shall apply:
(a) Minutes shall be kept of all hearings and all hearings shall be open to the public.
(b) At the hearing, the burden of proof shall be upon the county to show by a preponderance of the
evidence that a violation does exist. Where proper notice of the hearing has been provided to
the violator as provided herein, a hearing may proceed even in the absence of the violator.
(c) The formal rules of evidence shall not apply but fundamental due process shall be observed
and shall govern the proceedings. Upon determination by the chair of the consumer affairs
hearing board or special master, irrelevant, immaterial, or unduly repetitious evidence may be
excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons
in the conduct of their affairs shall be admissible, whether or not such evidence would be
admissible in a trial in the courts of Florida.
(d) Any member of the consumer affairs hearing board /special master, the attorney representing
the consumer affairs hearing board, the respondent and his /her attorney may inquire or
question any witness present at the hearing. The violator or his /her attorney shall be allowed to
cross - examine all witnesses present at the hearing and present testimony and evidence.
(e) At the conclusion of the hearing, the consumer affairs hearing board /special Master shall orally
render an order based on evidence into the record. In the case of hearings before the consumer
affairs hearing board, the decision shall be by motion approved by the affirmative vote of those
persons present and voting. An order setting forth findings of fact and conclusions of law shall
then be mailed to the violator within ten (10) days of the hearing.
(f) If the consumer affairs hearing board /special master finds that a violation exists, the consumer
affairs hearing board /special master may order a civil penalty of no more than five hundred
dollars ($500.00). Each permit /I.D. badge not in compliance and each day in which a violation of
this article exists shall constitute a separate offense.
(8) A certified copy of an order imposing a civil penalty against the violator may be recorded in the public
records and thereafter shall constitute a lien against any real or personal property owned by the
violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court
judgment by the sheriff of the state, including a levy against personal property. The order shall not be
deemed a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this
part shall continue to accrue until the violator comes into compliance or until judgment is rendered in
a suit to foreclose the lien, whichever occurs first. After three (3) months, from filing of any such lien
which remains unpaid, the consumer affairs hearing board /special master may authorize the local
governing body's attorney to foreclose the lien. No lien created pursuant to this article may be
foreclosed on real property which is homestead, under Section 4, Article X of the Florida
Constitution.
(9) If the violator or his designated representative proves at the administrative hearing that the citation is
invalid or that the violation has been corrected prior to appearing before the consumer affairs hearing
Palm Beach County, Florida, Code of Ordinances Page 32
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
board /special master, the consumer affairs hearing board /special master may reduce the fine or
dismiss the violation, unless the violation is irreparable or irreversible.
(10) An aggrieved party, including the governing body, may appeal a final administrative order of the
consumer affairs hearing board /special master to the circuit court by petition for writ of certiorari.
(11) Proper notice of hearing is given where notice has been mailed to the violator by certified mail, return
receipt requested, by hand delivery by the sheriff or other law enforcement entity, by leaving the
notice at the violator's usual place of residence with some person in the family above fifteen (15)
years of age and informing said person of the contents of the notice; or where an investigator, under
oath, testifies that he /she did hand deliver the citation to the violator which included a hearing date.
(12) Notwithstanding the consumer affairs hearing board /special master process set forth above, the
county shall take any other appropriate legal action, including, but not limited to, administrative
action, enforcement through an alternative code enforcement ordinance pursuant to F.S. ch. 162,
pts. I and II, and requests for temporary and permanent injunctions to enforce the provisions of this
article. It is the purpose of this article to provide additional cumulative remedies.
(Ord. No. 08 -043, § 20, 9- 23 -08; Ord. No. 2011 -040, § 6, 12- 20 -11)
Sec. 19 -231. Violations.
(a) False statements on applications. It shall be unlawful for any person to knowingly and intentionally
make or cause to be made any false statement in writing or the omission of material information for
the purpose of procuring a vehicle for hire permit, vehicle decal or driver's I.D. badge or to knowingly
and intentionally make any false statements or entries or material omissions on the records required
to be kept by this article.
(b) Failure to comply with the provisions of this section may result in the division denying a
permit(s) /driver's I.D. badge, revoking or suspending the permit(s) /driver's I.D. badge, denying the
renewal of such permits, issuing a civil citation, a misdemeanor conviction or other such remedies
available to the division herein.
(Ord. No. 08 -043, § 21, 9- 23 -08)
Sec. 19 -232. Appeals.
Any person may appeal a final determination of the consumer affairs hearing board /special master
within thirty (30) days of the rendition of the decision by filing a notice of administrative appeal in the
Circuit Court of the Fifteenth Judicial Circuit in and for the county.
(Ord. No. 08 -043, § 22, 9- 23 -08)
Sec. 19 -233. Fees.
All fees required by this article and established by resolution are non - refundable and shall be
deposited in a separate county account and used exclusively to accomplish the purposes of this article.
(Ord. No. 08 -043, § 23, 9- 23 -08)
Sec. 19 -234. Penalties.
Any person convicted of violating any portion of this article shall be punished as provided by law.
Palm Beach County, Florida, Code of Ordinances Page 33
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(Ord. No. 08 -043, § 24, 9- 23 -08)
Sec. 19 -235. Start -up.
(a) Renewal of existing permitted vehicle for hire companies and vehicle decals shall become effective
March 1, 2009. Renewal applications for the licensing period which begins March 1, 2009 must be
submitted to the division by December 31, 2008. Late fees for renewal applications will apply as of
January 1, 2009. Enforcement of all other sections of the article, unless excluded in this section,
shall become effective upon the effective date of this article.
(b) Vehicles being used and decaled prior to the effective date of this article must comply with the trade
name, color scheme and signage requirements when permit applications or renewals are submitted
for the permit year which begins May 1, 2014.
(c) After March 1, 2009 new vehicles added to the fleet of existing permitted companies or newly
permitted companies will be subject to all requirements of this article.
(d) The mechanical /safety inspection requirements of section 19 -225 shall not be required until
application renewals are submitted for the permit year which begins January 1, 2010. After March 1,
2009 all new or replacement vehicles added to existing fleets of currently permitted companies or
from newly permitted companies shall be required to meet the mechanical /safety inspection
requirements.
(e) Beginning on June 1, 2016, all existing taxicab companies licensed in Palm Beach County will be
required to accept as a method of payment for the fare (in addition to cash or other forms of payment
acceptable to the company), a bank debit card or credit card, including, but not limited to,
Mastercard, Visa, and Discover, without additional charge or premium.
(f) Beginning on June 1, 2013, any new taxicab or van /shuttle companies with seven (7) or more
vehicles, shall have at least one (1) handicap accessible vehicle available, and the rates and fees
shall not differ from the rates for non - disabled passengers.
(Ord. No. 08 -043, § 25, 9- 23 -08; Ord. No. 2012 -009, § 10, 5- 15 -12; Ord. No. 2013 -007, § 8, 4- 16 -13)
Sec. 19 -236. Repeal of laws in conflict.
All local laws and ordinances applying to the unincorporated area of the county in conflict with any
provision of this article are hereby repealed to the extent of any conflict.
(Ord. No. 08 -043, § 26, 9- 23 -08)
Sec. 19 -237. Savings clause.
Notwithstanding section 19 -236 regarding repeal of laws in conflict, all administrative and court
orders, fines, and pending enforcement issued pursuant to this authority and procedures established by
Ordinance No. 2001 -15 shall remain in full force and effect.
(Ord. No. 08 -043, § 27, 9- 23 -08)
Sec. 19 -238. Jurisdiction.
This article shall be effective throughout the unincorporated areas of the county. This article shall be
effective in municipalities unless the municipality opts out or shall be effective up to the extent of conflict
with the municipal ordinance.
Palm Beach County, Florida, Code of Ordinances Page 34
- PALM BEACH COUNTY CODE
Chapter 19 - MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. VEHICLES FOR HIRE
(Ord. No. 08 -043, § 28, 9- 23 -08)
FOOTNOTE(S):
- -- (12) - --
Editor's note— Ord. No. 08 -043, §§ 1 -28, adopted September 23, 2008, amended the Code by
repealing former art. IX, §§ 19- 211 -19 -226, and added a new art. IX. Former art. IX pertained to similar
subject matter, and derived from Ord. No. 99 -12, adopted May 18, 1999; and Ord. No. 01015, adopted
April 17, 2001.Ord. No. 2012 -009, § 11, adopted May 15, 2012, extends a moratorium that began on May
25, 2011, and which expires on May 25, 2012, upon the acceptance of applications for and the issuance
of new vehicle for hire company business permits. The moratorium shall not preclude companies with
existing business permits from obtaining additional or replacement vehicle decals nor shall it preclude
existing permitted companies from renewing business permits through the license year 2013. This
moratorium extension shall expire upon the earlier of the following: (1) June 1, 2013, or (2) enactment of
a resolution by the board of county commissioners terminating the moratorium. This moratorium shall not
apply to, or otherwise affect, van /shuttle, limousine non - medical wheel -chair and stretcher transportation
service, or a company operating under a contract with a government entity to provide transportation
services. Back
Palm Beach County, Florida, Code of Ordinances Page 35
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Chevelle D. Nubin, MMC, City Clerk
THROUGH: Louie Chapman, Jr., City Manager
DATE: November 7, 2013
SUBJECT: AGENDA ITEM WS.5. - WORKSHOP MEETING OF NOVEMBER 12, 2013
DISCUSSION OF COMMISSION SALARIES
ITEM BEFORE COMMISSION
The item before Commission is discussion of Commission Salaries.
BACKGROUND
Members of the Commission requested that the Commission salaries be placed on an agenda for
discussion. The survey conducted of all 38 Palm Beach County Municipalities is attached as well as
Section 3.10 of the City's Charter that addresses salaries /expenses being set by Ordinance and Code
Section 31.02 regarding compensation.
RECOMMENDATION
Commission discretion.
MUNICIPAL COMMISSION /COUNCIL TERMS, TERM LIMITS, SALARIES AND
BENEFITS SURVEY
Municipality
Terms
Term Limits
Salaries
Annual Increase
Benefits
City of Atlantis
2 years
None
Mayor - $12,800
No
None
Council - $10,800
City of Belle Glade
3 years
None
Mayor - $11,712
No
Mayor -Cell Phone;
Vice -Mayor - $11,036
City offers elected
Commissioners -
officials Health /Life
$10,360; Mayor also
Insurance but not
has an assigned
retirement
vehicle
City of Boca Raton
3 years
2 consecutive terms
Mayor - $14,400
No
No Cell Phones;
Council - $12,600
City offers elected
officials Health /Life
Insurance and
retirement
City of Boynton
3 years
2 consecutive terms
Mayor - $18,809 /year
Yes, if employees
City offers elected
Beach
& $525 monthly
receive one
officials cell phones,
expense; Council -
Health /Life
$15,675/year & $500
Insurance and
monthly expense
retirement
Town of Briny
1 year — Mayor
None
None
No
None
Breezes
2 years — Alderman
Town of Cloud Lake
2 years
None
None
No
None
City of Delray Beach
3 years
2 consecutive terms
Mayor - $12,000 &
Yes, if employees
City offers elected
$500 /mo. allowance
receive one
officials cell phones,
Commissioners -
Health /Life
$9,000 & $500 /mo.
Insurance but not
allowance
retirement
Town of Glen Ridge
3 years
None
None
No
None
Village of Golf
4 years
None
None
No
None
MUNICIPAL COMMISSION /COUNCIL TERMS, TERM LIMITS, SALARIES AND
BENEFITS SURVEY
Municipality
Terms
Term Limits
Salaries
Annual Increase
Benefits
City of Greenacres
2 years
None
Mayor - $12,600
No
No Cell Phones;
Council - $11,100
City offers elected
officials Health /Life
Insurance and
retirement
Town of Gulf Stream
3 years
None
None
No
None
Town of Haverhill
2 years
None
$3,600
No
None
Town of Highland
3 years
2 consecutive terms
$15,000 — Mayor;
No
City offers elected
Beach
$12,000 — Council
officials retirement
Mileage is given
but no cell phones or
Health Insurance
Town of Hypoluxo
3 years
None
Mayor also serves as
No
None
Town Manager and is
salaried
Council - $350 per
meeting attended
Town of Juno Beach
3 years
None
Mayor - $6,000
No
City does not offer
Vice -Mayor - $3,000
elected officials cell
Vice -Mayor Pro Tern
phones, Health /Life
and Council - $2,400
Insurance or
retirement
Town of Jupiter
3 years
None
Mayor - $22,200
No
No Cell Phones;
Council - $18,600
City offers elected
officials Health /Life
Insurance and
retirement
MUNICIPAL COMMISSION /COUNCIL TERMS, TERM LIMITS, SALARIES AND
BENEFITS SURVEY
Municipality
Terms
Term Limits
Salaries
Annual Increase
Benefits
Town of Jupiter Inlet
2 years
None
None
No
City does not offer
Colony
elected officials cell
phones, Health /Life
Insurance or
retirement
Town of Lake Clarke
2 years
None
$1,200 /year for
No
City does not offer
Shores
Mayor and Council
elected officials cell
phones, Health /Life
Insurance or
retirement
Town of Lake Park
3 years
None
Mayor - $10,000
No
Mayor -Cell Phone;
Council - $9,385
City does not offer
elected officials
Health /Life
Insurance or
retirement
City of Lake Worth
2 years
None
Mayor - $15,400;
No
City offers elected
Comm. - $14,400
officials cell phones,
Health /Life
Insurance but not
retirement
Town of Lantana
3 years
None
Mayor - $7,200 &
No
City offers elected
$150 /mo. allowance
officials Health /Life
Council - $4,800 &
Insurance but no cell
$100 /mo. allowance
phones or retirement
Town of Loxahatchee
3 years
None
None
No
None
Groves
Town of Manalapan
2 years
None
None
No
None
MUNICIPAL COMMISSION /COUNCIL TERMS, TERM LIMITS, SALARIES AND
BENEFITS SURVEY
Municipality
Terms
Term Limits
Salaries
Annual Increase
Benefits
Town of Mangonia
3 years
None
Mayor - $11,400
No
City does not offer
Park
Council - $9,600
elected officials cell
phones, Health /Life
Insurance or
retirement
Village of North Palm
2 years
None
Mayor — $10,800
No
City does not offer
Beach
Council - $9,000
elected officials cell
phones, Health /Life
Insurance or
retirement
Town of Ocean Ridge
3 years
None
$1,200 /year for
No
None
Mayor and Council
City of Pahokee
3 years
None
Mayor - $9,000
No
No Cell Phones;
Commissioners -
City offers elected
$4,900
officials Health /Life
$400 /month Travel
Insurance and
Allowance for Mayor
retirement
and Commissioners
Town of Palm Beach
2 years
None
None
No
None
City of Palm Beach
3 years
None
Mayor - $28,394
No
No Cell Phones;
Gardens
Council - $26,027
City offers elected
officials Health /Life
Insurance and
retirement
Town of Palm Beach
2 years
None
None
No
None
Shores
MUNICIPAL COMMISSION /COUNCIL TERMS, TERM LIMITS, SALARIES AND
BENEFITS SURVEY
Municipality
Terms
Term Limits
Salaries
Annual Increase
Benefits
Village of Palm
2 years
None
Mayor - $6,600
No
No Cell Phones;
Springs
Council - $5,400
City offers elected
$100 /month
officials Health /Life
allowance
Insurance and
retirement
City of Riviera Beach
2 years
None
Mayor /Council Chair -
No
No Cell Phones;
$20,200
City offers elected
Council - $19,000;
officials Health /Life
$1,200 /year
Insurance but not
allowance for Mayor
retirement
and Council
Village of Royal Palm
2 years
None
$14,969 for Mayor
Yes, if COLA is given
City offers elected
Beach
and Council
officials cell phones,
Health /Life
Insurance and
retirement
City of South Bay
3 years
None
Mayor - $6,500
No
No Cell Phones;
Council - $5,500
City offers elected
officials Health /Life
Insurance and
retirement
Town of South Palm
2 years
3 consecutive terms
$3,000 for Mayor and
No
City does not offer
Beach
Council
elected officials cell
phones, Health /Life
Insurance or
retirement
MUNICIPAL COMMISSION /COUNCIL TERMS, TERM LIMITS, SALARIES AND
BENEFITS SURVEY
Municipality
Terms
Term Limits
Salaries
Annual Increase
Benefits
Village of Tequesta
2 years
None
$3,000 for Mayor and
No
No Cell Phones;
Council
City offers elected
officials Health /Life
Insurance but not
retirement
Village of Wellington
4 years — Mayor
None
Mayor - $10,104
No
City offers elected
4 years —
Council - $9,600
officials cell phones,
Commissioners
Health /Life
Insurance and
retirement
City of West Palm
2 years
None
Mayor - $125,000
No
No Cell Phones;
Beach
Commissioners -
City offers elected
$30,000
officials Health /Life
$6,000 /year
Insurance and
allowance for Mayor
retirement
and Commissioners
Municode Page 1 of 1
Section 3.10. SALARIES AND EXPENSES.
(A) Salaries. The Commission may determine the annual salaries of the Mayor and individual
Commissioners by ordinance. No ordinance increasing the Mayor or Commissioner salaries
shall become effective until the assumption of office of the Commissioners or Mayor elected
at the next regular City election, provided that election follows adoption of the ordinance by
at least six (6) months.
(B) Actual Expenses. Commissioners, including the Mayor, shall receive their actual and
necessary expenses incurred in the performance of their duties, as provided by law.
(Ord. No. 62 -01, passed 118102, Adopted at Referendum 3112102)
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Municode Page 1 of 1
Sec. 31.02. COMPENSATION OF COMMISSIONERS AND MAYOR.
Each Commissioner, during the term of his or her office, shall receive compensation in the
amount of seven hundred and fifty dollars ($750.00) per month. The Mayor, during his or her term
of office, shall receive compensation in the amount of one thousand dollars ($1,000.00) per month.
However, effective in March 2001, and annually thereafter, the compensation shall be adjusted
annually based on the average budgeted salary adjustment, if any, budgeted for the City's general
employees, payable to all Commissioners and Mayor beginning in March of each year on the date
of the assumption to office of the Mayor and Commissioners. The Mayor and Commissioners
elected thereafter shall receive the compounded compensation monthly.
(Code 1980, § 2 -1,° Am. Ord. No. 65 -78, passed 9125178,• Am. Ord. No. 65 -87, passed 918187, Am. Ord. No. 39 -99,
passed 10119199; Ord. No. 46 -04, § 1, passed 8117104)
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Tim Simmons, Interim Parks and Recreation Director
THROUGH: Louie Chapman, Jr., City Manager
DATE: November 6, 2013
SUBJECT: AGENDA ITEM WS.6 - WORKSHOP MEETING OF NOVEMBER 12, 2013
DISCUSSION REGARDING DOGS ON THE MUNICIPAL BEACH
ITEM BEFORE COMMISSION
This item before Commission is to discuss the proposal to allow dogs on a designated section of Delray
Beach's public beach.
BACKGROUND
There is a growing trend toward allowing the family pet to be included in a fun day at the beach. Each
municipality may adopt legislation to prevent or prohibit dogs on beaches. Currently, Delray Beach
does not permit dogs on its beaches.
Below is a summary of what Palm Beach County and some neighboring communities are doing in
response to the inclusion of dogs in beach activities:
Palm Beach County
Palm Beach County has an Ordinance against dogs on "Unincorporated Beaches"
Town of Jupiter
The Town of Jupiter does not have an Ordinance preventing dogs on beaches; however, Jupiter does not
allow dogs in the lifeguard areas.
City of Boca Raton
The City of Boca Raton is currently in the process of developing a pilot program to allow dogs in a
designated area on their beach. Additional information will be available in approximately two
weeks, after they take this item to Council.
City of Fort Lauderdale
The City of Fort Lauderdale allows dogs in a designated area and an annual pass or a daily permit is
required.
• Annual permit - $30 per dog (residents), $45 per dog (non- residents) and $5 lost permit
replacement.
• Daily permit — One weekend permit (Friday, Saturday and Sunday) $7 per dog.
• Dogs are allowed on the beach on Fridays, Saturdays and Sundays only
• Dogs shall be on a leash at all times.
• Winter hours — 3 p.m. — 7 p.m.
• Summer hours — 5 p.m. to 9 p.m. (During Daylight Savings Time)
• A person walking with a dog must be in possession of a device to properly dispose of waste.
• Dogs shall not create a nuisance by causing any form of disturbance such as excessive barking
and/or similar undesirable conduct.
• Permit holder must carry permit on person at all times when using canine beach.
Fort Lauderdale sells approximately 200 annual passes per year. Averaging their resident and non-
resident pass rates ($37.50 x 200 passes), they generate $7,500 annually. However, the purchase of their
daily passes is at their parking meters and this information was not readily available.
City of Hollywood
The City of Hollywood allows dogs in a designated area and a permit is required.
• Open Friday, Saturday and Sunday from 3
hours are 4 p.m. to 8 p.m.
• Admittance requires a pass, available at
p.m. to 7 p.m. During Daylight Savings Time, the
the Dog beach or the Department of Parks and
Recreation.
• Daily pass rate for residents is $5 per dog and non - residents is $10 per dog.
• Maximum one dog per pass holder
• Dogs must have rabies tag.
• Dogs must be under control of the owner
• Owner is responsible for waste cleanup
• Unruly dogs and owners may be asked to leave.
Hollywood takes credit card payments at the Department of Parks and Recreation location and checks at
the beach location. They sell approximately 600 passes per year.
Staff is proposing a City of Delray Dog Beach pilot program for a period of six months to
be reevaluated at the end of that period. The dog beach would be open on Friday, Saturday and Sunday
from the hours of dawn to 9 a.m. and 5 p.m. to dusk. Staffing of the dog beach area would be by a part-
time employee who has the ability to write citations to enforce the Dog Beach Rules and Regulations.
Two suggested locations for the dog beach area are a north location which would be a 300 -foot section
of the beach and the Atlantic Dunes Park location would be a 150 -foot section of the beach. However,
staff does not recommend the Atlantic Dunes Park location for the dog beach, as the only access would
be walking through the regular beach area.
Interested persons would purchase an annual and/or daily pass from the Utility Billing Division as they
do for beach parking permits. Staff is researching whether or not our parking meters have the capability
for owners to purchase the daily passes at the meter. Currently, we have meters located at Atlantic
Dunes Park, Anchor Park, Sandoway Park and East Atlantic Avenue.
Please find information attached regarding Boca Raton, Hollywood, Fort Lauderdale, the Town of
Jupiter and Miami.
FUNDING SOURCE
Currently, funding is not budgeted for a pilot program regarding allowing dogs on the beach in the city.
However, funding would need to be provided for staffing to monitor and enforce the Ordinance and
Rules and Regulations associated with allowing dogs on the beach.
RECOMMENDATION
Staff recommends a pilot program for allowing dogs on the beach using the fee rates that Fort
Lauderdale utilizes ($30 for residents and $45 for non - residents per dog and $5 per each lost pass). The
pass holder must carry the pass on their person at all times when using the dog beach and they must
adhere to the Palm Beach County Leash Law at all times. At the location of the dog beach, the City will
provide doggy waste bags and all pass holders must have one in their possession at all times, per the
Rules and Regulations.
0 62.5 125 250 Feet
BOCA RATON
WPTV Website
Posted: 04/24/2013
• "By: Jon Shaimnan
BOCA RATON, Fla. - Bob Adler drives from Boca Raton to Jupiter to take his two dogs,
Monkey and Mika, to the beach.
But in two months, he'll be able to walk across the street.
"It's going to be so tremendous to have a dog beach to take there legally on the beach," said
Adler.
Boca Raton Deputy Mayor Susan Haynie proposed a pilot program to allow dogs to roam on a
100 -yard stretch of beach. The particular stretch has yet to be chosen.
"Constituents have asked about this over and over, so finally I said why not, we have the land,
we can see how other communities are doing it, and this is an amenity we should offer to our
residents," said Haynie.
But not everyone is excited about the plan. Some are worried that even though the dogs will
only be allowed on the beach at certain times and days, their presence may "linger ".
"Everybody will bring all kinds of dogs here small, big, all sizes. A lot of dog waste will be
here. It will smell here, they will be going in the water. It's not healthy at all," said John Caan.
Bob Adler and other dog lovers are excited to trade the streets, for the sands.
"The day the beach opens for dogs, everybody in the neighborhood will be there," said Adler.
A park ranger will monitor the stretch of beach chosen.
Read more: hqp:://www.wptv.com/dpp/news/region s palm beach count.. /� raton/doiz-
beach -comin -to- boca- raton#ixzz2'78 RYJb
Municode Page I of 2
Sec. 8 -71. Public beaches defined.
(a) All of the area lying east of Atlantic Boulevard and south of the southern boundary line of
"Lauderdale Beach," according to the plat thereof recorded in Plat Book 4 at page 2 of the
public records of Broward County, Florida, and north of the south line of Tract 39 of Bahia -
Mar, according to the plat thereof recorded in Plat Book 35, page 39, of the public records of
Broward County, Florida, and west of a point fifty (50) yards east of the low water mark of the
Atlantic Ocean, is hereby declared to be a public municipal beach and recreation area of the
city.
(b) The area of the Bahia -Mar property (formerly United States Coast Guard Base No. 6) lying
east of the existing centerline of Seabreeze Avenue extended, shown as Block "A" on the
map or plat attached to Ord. C -918 (adopted March 9, 1953), is hereby established and
designated as a public beach and park for the use and benefit of the residents of the city.
(Code 1953, §§ 9 -2(a), 9 -12.1; Ord. No. C -918, § 1, 3 -9 -53; Ord. No. C -1197, § 1, 2 -7 -56; Ord. No. C- 76 -99, § 1, 10
- 19 -76)
Charter reference- Leases at Bahia -Mar, § 8.06.
Sec. 8 -76. Pet control.
It shall be unlawful for any person to take, carry, lead or permit dogs or other pets, except
service animals to come upon the public beach at any time, except under the following conditions:
(a) A valid permit shall be required before a person may take a dog upon that part of the
public beach located between the centerline of the East Sunrise Boulevard to
Lifeguard Stand North 5, as provided in Section 4.1(c)(5) of the City of Fort
Lauderdale Department of Parks and Recreation Rules and Regulations. The dog
shall at all times be leashed and under the control of such person. The person in
control of the dog shall immediately remove from the sandy part of the public beach
and properly dispose of any fecal matter deposited by such dog.
(b) The city manager or his designee shall issue a permit for a person to take, carry or
come upon the public beach with a dog as provided in subsection (a).
(1) A permit fee schedule shall be established by the city manager or designee
commensurate with the cost of administering the permit system. The permittee
as a condition of the permit shall follow all applicable park rules.
(2) A permit may be revoked by the city manager or his designee upon the sworn
affidavit of a law enforcement officer or other city employee witnessing a
permittee's violation of a provision of this section or any applicable park rule.
Upon receipt of a notice of intent to revoke the permit from the city, the
permittee shall have ten (10) days to request a hearing before the city manager
or his designee. The decision of the city manager to revoke a permit shall be
final. A person whose permit has been revoked shall be eligible to apply for a
new permit after six (6) months from the date of the revocation.
(Code 1953, § 9 -3(d); Ord. No. C -1197, § 1, 2 -7 -56; Ord. No. C -1748, § 1, 6- 20 -61; Ord. No. C -1804, § 1, 2- 20 -62;
Ord. No. C -1918, § 1, 6- 11 -63; Ord. No. C- 66 -22, § 1, 3- 28 -66; Ord. No. C- 68 -43, § 1, 7 -2 -68; Ord. No. C- 70 -12, §
1, 2- 17 -70; Ord. No. C- 70 -31, § 1, 4- 21 -70; Ord. No. C- 75 -98, § 1, 11- 18 -75; Ord. No. C- 77 -22, § 1, 2 -1 -77; Ord.
No. C- 79 -66, § 1, 9- 18 -79; Ord. No. C -84 -7, § 1, 1- 17 -84; Ord. No. C- 85 -25, § 1, 2- 20 -85; Ord. No. C- 87 -47, § 1, 7 -7
-87; Ord. No. C- 94 -29, § 1, 7- 19 -94; Ord. No. C- 95 -64, § 1, 11- 21 -95; Ord. No. C- 00 -69, § 1, 11- 21 -00; Ord. No. C-
12-13, $ 5, 5 -1 -12)
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CITY OF FORT LAUDERDALE
Parks and Recreation - Rules and Regulations
4.0 NUISANCES
4.1 Pets. No person shall bring into, permit, have, or keep in any park or City facility any dog,
cat, pet of any kind or other animal.
Exceptions:
(a) Service animals
(1) All dogs must have current rabies vaccination and license. This information must be
presented by person responsible for dog, upon request.
(b) Dogs on Riverwalk, subject to the following requirements:
(1) Dogs shall be on a leash, maximum of six feet in length, at all times.
(2) All dogs must have current rabies vaccination and license. This information must be
presented by person responsible for dog, upon request.
(3) Owner must be responsible for their pet. Aggressive dogs may be removed at the
City's discretion.
(4) A person bringing a dog upon the Riverwalk shall be responsible for disposing of all
fecal matter deposited by their dog.
(5) Dogs shall not create a nuisance by causing any form of disturbance such as excessive
barking or any similar conduct.
(6) Only three (3) dogs per owner can accompany an individual.
(7) Dogs in heat, sick and/or with internal or external parasites (fleas, ticks or worms) are
not allowed in the park.
(c) Dogs on the Beach, subject to the following requirements:
(1) Dogs shall be on a leash, maximum of six feet in length, at all times.
(2) All dogs must have current vaccination and license. This information must be
presented by person responsible for dog, upon request.
(3) Owner must be responsible for their pet. Aggressive dogs may be removed at the
City's discretion.
(4) A person bringing a dog upon the Beach shall be responsible for disposing of all fecal
matter deposited by their dog.
(5) Dogs shall not create a nuisance by causing any form of disturbance such as excessive
barking or any similar conduct.
(6) Dogs are only permitted in a 100 -yard section of Fort Lauderdale Beach. This section
is located from the center Line of Sunrise Boulevard at AlA north to Lifeguard Stand No.
14. This section is posted as a Canine Beach.
(7) On Fridays, Saturdays and Sundays, dogs are permitted on the designated area of the
beach (Canine Beach) between the hours of 5:00 p.m. to 9:00 p.m. during daylight
Savings Time (DST) and on Fridays, Saturdays and Sundays between the hours of 3:00
p.m. to 7:00 p.m. during Eastern Standard Time (EST) only.
(8) Each dog's owner must obtain a Canine Beach Permit from the Parks and Recreation
Department, 1350 West Broward Boulevard, and such Permit shall be carried upon the
person at all times when utilizing Canine Beach.
(9) Dogs in heat, sick and /or with internal or external parasites (fleas, ticks or worms) are
not allowed in the park.
(d) Dogs in S.P. Snyder Park, subject to the following requirements:
(1) Areas of S.P. Snyder Park located in the southeast of said park shall be designated and
posted by the City as permitting dogs unleashed within the confines of such areas.
(2) All dogs must have current vaccination and license. This information must be
presented by person responsible for dog, upon request.
(3) Each dog owner or handler shall keep his or her dog(s) on a leash, maximum of six
feet in length, from the parking lot until inside posted area.
(4) Each dog owner or handler shall be responsible for disposing of all fecal matter
deposited by his or her dog(s) within the posted area.
(5) Only three (3) dogs per owner can accompany an individual.
(6) Dogs in heat, sick and/or with internal or external parasites (fleas, ticks or worms) are
not allowed in the park.
Parks and Recreation Rules and and Regulations
"Doggie" Guide to City Parks
Canine Beach
Days: Fridays, Saturdays and Sundays only
Winter Hours: 3 pm to 7 pm
Summer Hours: 5 pm to 9 pm (during Daylight
Savings Time)
Location: From the centerline of Sunrise
Boulevard at AIA, north 100 yards on the beach.
Fees
Annual Permit (January 1 to December 31)
$30 per dog (Fort Lauderdale Residents)
$45 per dog (Non- Residents)
$5 Lost permit replacement
Annual permits must be purchased in- person at 1350 West Broward Boulevard (Monday - Friday,
8:30 a.m. to 4:30 p.m.). Annual renewals may be handled by mail.
Temporary Passes
One - Weekend Permit (Friday, Saturday and Sunday) - $7 per dog
Please see the park ranger on duty for extra pooper scoopers, if needed.
Rules
1. All dogs must have a current license and rabies vaccination.
2. Dogs shall be on a leash at all times.
3. A person walking with a dog must be in possession of a device to properly dispose of any
fecal matter deposited by their dog.
4. Dogs shall not create a nuisance by causing any form of disturbance such as excessive
barking and/or similar undesirable conduct.
5. The permit holder must carry permit on person at all times when using Canine Beach.
Dog Walking on AlA
Days: 365 days a year
Hours: 6 am to 9 am
Location: West side of AIA from Sunrise Boulevard to the southernmost intersection of Fort
Lauderdale Beach Boulevard (AIA) and Seabreeze Boulevard
Fees: Included with purchase of annual Canine Beach permit
Rules: An annual Canine Beach permit is required to walk dogs on the west side of AIA (6 a.m.
to 9 a.m.) from Sunrise Boulevard to the southernmost intersection of Fort Lauderdale Beach
Boulevard (AIA) and Seabreeze Boulevard.
Note: You can walk dogs on the west side of AIA, north of Sunrise Blvd 24 hours a day (no
permit required).
Rules
1. All dogs must have a current license and rabies vaccination.
2. Dogs shall be on a leash at all times.
3. A person walking with a dog must be in possession of a device to properly dispose of any
fecal matter deposited by their dog.
4. Dogs shall not create a nuisance by causing any form of disturbance such as excessive
barking and /or similar undesirable conduct.
5. The permit holder must carry permit on person at all times when walking dogs on AIA
between Sunrise Boulevard to the southernmost intersection of Fort Lauderdale Beach
Boulevard (AIA) and Seabreeze Boulevard.
Riverwalk Linear Park
Days: 365 days a year
Hours: All day
Location: 20 North New River Drive from SW 5th Ave to SE 2nd Ave (Along the New River in
Downtown Fort Lauderdale)
Fees: Free
2
"Doggie" Guide to City Parks
Rules
1. All dogs must have a current license and rabies vaccination.
2. Dogs shall be on a leash at all times.
3. A person walking with a dog must be in possession of a device to properly dispose of any
fecal matter deposited by their dog.
4. Dogs shall not create a nuisance by causing any form of disturbance, such as excessive
barking and /or similar undesirable conduct.
Note: Pooper scoopers are available in boxes along the River walk.
Bark Park at Snyder Park
Two fenced acres with agility courses for dogs are available at Bark Park in
Snyder Park.
Days: Open 363 days a year (closed Christmas Day and New Year's Day)
Hours: 7 a.m. - 7 p.m. (Closed every Thursday morning from 8 am to 11 am
for cleaning.)
Location: 3299 SW 4th Avenue, Fort Lauderdale, FL 33315
Phone: 954- 828 -4341
Fees
• Monday - Friday — No charge
• Saturday and Sunday — Fee is included in the park admission fee of $1 per car per hour or
$5 per car for the day.
Bark Park Rules
1. All dogs must have a current license and rabies vaccination. Puppies under four (4)
months old are not allowed in the park.
2. Dogs must be on a leash in the parking lot, and on the way in and out of the park. Owners
must carry a leash while in Bark Park. No spiked or pinch collars.
3. Owners must remain in Bark Park with dog, clean up after their dog, and monitor the
dog's behavior.
4. If your dog becomes aggressive, it must be removed from the park immediately.
5. No more than three (3) dogs per person are permitted in Bark Park.
3
"Doggie" Guide to City Parks
6. Rollerblading, roller - skating, and bike riding are not permitted in Bark Park.
7. Dogs in heat, ill and/or with internal or external parasites (fleas, ticks, or worms) are not
allowed in the park.
8. Please keep the park gates closed at all times.
9. If your dog digs, it must be stopped and the hole filled in by you.
10. All children under the age of 13 must be accompanied and supervised by an adult.
11. No human food allowed in the park. Treats to be used for training purposes only. Please
feed your dog only.
NOTE: Dogs and /or their owners who violate these rules are subject to removal fi°om the park
and possible suspension. The City of Fort Lauderdale reserves the right to refuse entry into Bark
Park or Snyder Park for the reasons of health, safety, and prior offenses or for the comfort of all
patrons and /or their pets. Bark Park is not staffed, use at your own risk.
Dog Swim at Snyder Park
Swimming for dogs is available at Snyder Park's East Lake. Dog
Swim is available every day during park hours. Dog Swim is closed
on the first Tuesday and Wednesday of each month for water
treatment, and on Christmas Day and New Year's Day.
Fees
Monday - Friday — No charge
Saturday and Sunday — Fee is included in the park admission fee of $1
$5 per car for the day.
per car per hour or
4
"Doggie" Guide to City Parks
DOG PARKS
Dog Park hours are from dawn to dusk. Dogs need to be supervised and non - aggressive
toward other dogs. Some dog parks have a separate area for smaller dogs. Please
contact the Ranger Division at 954.921.3404 or by e -mail for additional information.
' Dog Park at John Williams Park
6101 Sheridan Street
Dog Park at Oakridge Park
5300 S.W. 35 Avenue
Dog Park at Poinciana Park
1301 South 21 Avenue
Dog Park at Emerald Hills Lakes Park
3901 North 30 Terrace
Dog Beach at Hollywood Beach
Between Pershina & Custer Streets
64k.,.Y _ .
The Dog Beach is open Friday, Saturday and Sunday from 3 p.m. to 7:00 p.m.
During Daylight Savings Time, the hours are 4 p.m. to 8 p.m.
Admittance requires a pass, available at the Dog Beach or the Department of
Parks, Recreation & Cultural Arts Administrative Office, 1405 S. 28th Avenue
during normal office hours, Monday through Friday from 8:00 a.m. to 5:00
p.m.
The daily pass rate for Hollywood residents is $5 per dog and non - residents
is $10 per dog.
Maximum one dog per pass holder.
1
City of Hollywood Dog Park
Dog Beach Rules
Dogs must have current rabies tag
Dogs must be under the control of the owner
Owner is responsible for waste cleanup
Unruly dogs and owners may be asked to leave
Please help keep our beach clean - bring along a doggie bag!
For additional information, 954.921.3404
2
City of Hollywood Dog Park
CHAPTER 99: MUNICIPAL BEACH Page 1 of 2
City of Hollywood Code of Ordinances
§ 99.05 HOLLYWOOD DOG BEACH.
(A) The Hollywood Dog Beach shall be located between Custer Street and Pershing Street on
Hollywood Beach. Any owner of a dog shall be permitted to bring his/her dog to the Hollywood
Dog Beach for land and aquatic activities in the designated area during the time period set forth
in division (B) below. Dogs shall not be permitted in any other area of the beach as set forth in §
99.03(N).
(B) Rules and regulations.
(1) Access to the Hollywood Dog Beach shall be restricted to Fridays, Saturdays and
Sundays. The hours of operation for the Hollywood Dog Beach for those days shall be as
follows:
(a) During Daylight Savings Time: 5:00 p.m. to 9:00 p.m.
(b) During Non Daylight Savings Time: 3:00 p.m. to 7:00 p.m.
(2) Each dog owner wishing to enter the Hollywood Dog Beach shall apply to the Director
of Department of Parks, Recreation and Cultural Arts or his/her designee for the issuance of a
pass and shall submit with such application documentation that the dog has a then current county
tag. No dog shall be permitted on the Hollywood Dog Beach unless the owner has a valid pass
for that dog.
(3) All dogs shall be required to be on a leash or under voice command inside the Dog
Beach.
(4) All rules posted at the Hollywood Dog Beach shall be adhered to and strictly enforced.
All users of the Hollywood Dog Beach shall be required to execute a form releasing the city
from liability, holding the city harmless from liability and agreeing to abide by the applicable
rules.
(C) Fees. All fees for access to the Hollywood Dog Beach shall be established by resolution
of the City Commission.
(D) (1) The Assistant Director of the Department of Parks, Recreation and Cultural Arts
shall be authorized to revoke a pass issued to any person who violates any provision of this
section, including but not limited to the form described in division (13)(4) above. The dog owner
shall not be allowed to obtain another pass for the same or a different dog for a period of one
year after revocation. If the Assistant Director determines that a dog owner has violated any
provision of this section, then he /she may issue a written notice of revocation. Said notice shall
be served upon the dog owner by:
(a) Personal service upon dog owner; or
(b) Certified mail delivered to the dog owner.
(2) The notice shall afford the dog owner with reasonable facts or conduct which warrant
the revocation, and shall advise the dog owner of his/her right to appeal the Assistant Director's
determination to the Director of Parks, Recreation and Cultural Arts.
(E) Appeal. The dog owner may, within five business days of being served with the notice,
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CHAPTER 99: MUNICIPAL BEACH
Page 2 of 2
make a written request for a hearing before the Director of Parks, Recreation and Cultural Arts.
Failure to timely request a hearing shall result in the imposition of the revocation without further
action of the city. If a hearing is requested, the notice of revocation will not be enforced until the
Director of Parks, Recreation and Cultural Arts renders his/her decision. Upon receiving a
request for a hearing, the Director of Parks, Recreation and Cultural Arts shall schedule a hearing
within five business days of receipt of said request. The Director shall hear evidence as to the
reason the Assistant Director made his/her decision to revoke the dog owner's pass as well as
evidence from the dog owner as to why the pass should not be revoked. Upon hearing the
evidence, the Director shall sustain or reverse the decision of the Assistant Director in
accordance with the Director's judgment as to whether the pass should be revoked. The Director
shall make a final decision of the matter and provide the dog owner with written notice thereof.
(Ord. 0- 2008 -09, passed 4- 16 -08)
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TOWN OF JUPITER
Dogs on the Beach
Jupiter's Dog Friendly Beach
Jupiter is home to one of the few remaining dog friendly beaches in the state of Florida. Whether
you live in Jupiter or are just visiting, the rules apply to you. Get directions to the dog beach.
Dog Beach Care
Reprinted with permission from Friends of Jupiter Beach.
• Give your dog a shady spot and plenty of fresh water. Don't let your dog drink sea water.
Dogs sunburn, especially those with short hair, white fur, and pink skin. Limit your dog's
exposure and apply sunblock to his ears and nose 30 minutes before going outside.
Avoid prolonged exposure to hot asphalt or sand, which can burn a dog's paws.
Dogs are easy targets for sea lice and jellyfish. Check for daily water conditions.
Keep an eye on your dog. Running on the sand is strenuous exercise. A dog that is out of
shape can easily pull a tendon or ligament.
• Salt and other minerals in ocean water can damage your dog's coat, so rinse him off at the
end of the day.
Swimming Safety
Most dogs enjoy swimming, but some can't swim. Others hate the water. Know your
dog's preferences and skills before trying to make him swim.
If you're swimming with your dog for the first time, start in shallow water and coax him
in by calling his name. Encourage him with toys and treats. Or let him follow another
experienced dog he is friendly with.
• Never throw a dog into the water.
If you dog begins to paddle with his front legs, lift his hind legs and help him float. He
should quickly catch on and keep his back end up.
Don't let your dog overdo it. Swimming is very hard work and he may tire quickly.
At the ocean, be careful of strong tides and know if rip currents have been reported.
Never leave your dog unattended in water.
Conduct & Driving Directions
Having dogs on the beach is a privilege, not a right. Please help us keep the current Town
of Jupiter Policy in effect by following these common sense rules.
The dog friendly section stretches 2 '/ miles along AIA from crossover #25 (south end) to #59
(north end).
*Closest GPS address to this location: 2188 Marcinski Road, Jupiter, FL 33477 Ocean Cay
Park, across the street from the beach. Jupiter is located in north Palm Beach County.
*Keep dogs on leash or under control, supervised at all times; always leash up from the car to the
beach, around small children, at the water fountains & at crossovers.
• While off - leash, let dogs run in uncrowded areas, giving no one reason to complain.
• Don't let dogs invade the space of or bathroom near other people or dogs uninvited.
• Clean up after dogs with FJB dog bags, provided at every beach crossover, or bring your
own bags.
• Don't bury poop or throw it in the dunes or water. `Go' at home before beach time.
• Bring dogs to the beach early or late. Less hot, less crowded.
• Dogs are not allowed in lifeguarded areas, PBC Natural Areas or Town of Jupiter parks.
Respect any "no dogs allowed" signs.
• Please don't litter. If you bring it to the beach, take it home from the beach.
• It is in your interest to take this very seriously for the sake of "your best friend ". Please
honor these rules. This is one of the last remaining & best beach for you to bring your
dog. If humans do not respect others, dogs won't have a beach to enjoy. Enjoy and
protect this treasured place.
We are very fortunate here in Jupiter to have a Town Council and Beach Committee that support
the concept of dogs on the beach. Help us preserve this privilege. Please use the free dog bags
provided by Friends of Jupiter Beach, at 29 crossovers, and always use best beach etiquette.
Report vandalism and dangerous activity: Jupiter Police Department (non - emergency line):
561- 799 -4445 Store this number in your cellphone!
In case of emergency, dial 911.
FJB volunteer efforts have kept Jupiter Beach clean and dog friendly for 16+ years! Join us!
Support us! Friends of Jupiter Beach PO Box 791 Jupiter, FL 33468 561- 748 -8140
PLEASE — try to be a part of the solution, not the problem.
Dog Friendly Beach Driving Directions
Welcome to Jupiter Beach in northern Palm Beach County. Well- behaved dogs and their
conscientious owners are welcome only on a 2.5 mile stretch of beach, from North of the Juno
Beach lifeguarded area to South of the Carlin Park lifeguarded area — crossovers 25 -59.
Please respect any NO DOGS ON BEACH areas. Dogs are not allowed in lifeguarded areas,
Palm Beach County Natural Areas or Town of Jupiter parks.
Directions to the Beach:
Two Jupiter exits from I -95: Donald Ross Road or Indiantown Road (also Florida Turnpike exit
#116 east /Jupiter).
• From Donald Ross Road (exit 83): East to the end (approx. 4.5 miles), turn left/North
on AIA (beach road). Dog - friendly section begins at intersection of AIA and Marcinski
Road (traffic light), crossover #25.
• From Indiantown Road (exit 87A): East to end of Indiantown Road (approx 4.5 miles),
turn right/South on AIA (beach road). After curves, road is straight along the beach and
dog - friendly section begins at crossover #59.
• Parking is free along Jupiter Beach. Additional parking in Ocean Cay Park (2188
Marcinski Road), 3160 AIA (the beach road), and 3187 AIA (enter from Marcinski
Road).
• Drinking water is available at most beach crossovers.
• Restrooms are located in Ocean Cay Park; Carlin Park; Juno Beach Park; and NW corner
of Marcinski Road & AIA.
• Aerial map of Jupiter waterfront Dog - friendly stretch is from crossovers #25 — #59
Please use the FREE dog bags provided by Friends of Jupiter Beach (FJB) at 29 beach
crossovers, and use best beach etiquette to preserve this great privilege. Your support of our
efforts is appreciated; we are a not - for - profit organization supported by donations and
volunteers. We save the taxpayers money! We also organize giant beach cleanups the first
Saturday of every month, weather permitting. FJB volunteer efforts have kept Jupiter Beach
clean and dog-fi°iendly for 18+ years!
Friends of Jupiter Beach, PO Box 791, Jupiter, FL 33468 561- 748 -8140
www.FriendsOfJupiterBeach.com.
JUPITER
Dun
From: Debra Gallagher <DebraG @jupiter.fl.us>
Sent: Tuesday, October 29, 2018 2:56 PM
To: Dungey, Sherry
Subject: Dogs on the beach
Hi Sherry:
The Town of Jupiter has no formal Ordinances, Resolutions, or Agreements to allow Dog's on Jupiter Beaches. It is my
understanding each Municipality may adopt an Ordinance preventing Dogs on Beaches, and Jupiter has none. Palm
Beach County has an Ordinance against it on "unincorporated Beaches ".
Hope this helps.
Deb Gallagher
Tow of Jupiter
Town Clerk's Department
Administrative Specialist III
(561) 741 -2352
(Fax) (561) 741 -2547
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the
Town of Jupiter officials and employees regarding public business are public records available to the public and
media upon request. Your e -mail communications may be subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your email address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing
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MIAMI BEACH - DOG FRIENDLY BEACH
4
Why not let Fido enjoy the beaches and sand while he's on vacation as well? In Miami, there are
two sandy dog parks for letting your pet off leash for some beach fun. At Haulover Beach there's a
dog park and a schedule of on -beach dog friendly times. Hobie Beach, also known as Windsurfer
Beach, is a dog friendly park but your pup has to be on leash. The North Shore Open Space Park
also has beachfront dog parks for a breezy way to let your dog run around.
Important: Don't forget to bring a bowl with water; dogs can easily overheat in the sun, and while
there are almost always doggy fountains on the grounds, you can never be too safe. Also, pick up
after your pet, it's usually a rule in the park to "scoop your poop" but also appreciated by dog
friendly folk and pet free people alike.
Spending time with your dog in Miami is a great way to relax and enjoy Miami's beautiful
beaches. When you're on dry land, take Fido for a stroll along Lincoln Road, where all the
fashionable South Beach dogs like to hang out.
HAULOVER BEACH - MIAMI
Dog- Friendly Services
Bark Park
Open from 8am to sunset, seven days a week and located near the south picnic area. Featuring
an enclosure for small dogs (less than 35 lbs.) and large dogs (more than 35 lbs.) with shade
trees, picnic tables, drinking fountains for both dogs and their companions, as well as doggie
waste bag dispensers and waste containers. There is also plenty of open, grassy space for you
and your pet to play catch or run around freely without a leash.
Entrance to the bark park is through parking lot #3 located on the west side of Collins Avenue if
traveling southbound or through parking lot #4 located on the east side of Collins Avenue if
traveling northbound.
$2 user fee, per vehicle (must have dog in vehicle; cash only).
Beach Access (Dogs on the Dunes)
Open from 8 a.m. to 3 p.m., Saturdays and Sundays, in designated beach area near lifeguard
tower #3 only. Dogs are welcome with their companions on the portion of the beach directly
across from the bark park and accessible through parking lots #3 and #4.
$2 user fee, per vehicle (must have dog in vehicle; cash only).