Ordinance No. 15-08-Lc an Ordinance of the City Of

AGENDA LOCAL PLANNING AGENCY THURSDAY, SEPTEMBER 3, 2015 DESTIN CITY HALL BOARDROOM 5:30P.M.

1. CALL TO ORDER

2. ROLLCALL

3. APPROVAL OF MINUTES

A. May 21, 2015 Meeting Minutes

4. NEW BUSINESS

A. A public hearing to review proposed Ordinance 15-08-LC which is an ordinance that would amend the LDC and the Code of Ordinances to address outdated and inadequate enforcement of unsafe building abatement code regulations. The proposed Ordinance title is as follows:

ORDINANCE NO. 15-08-LC

AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA, RELATING TO UNSAFE BUILDING ABATEMENT AND ABATEMENT OF BUILDINGS AND DWELLINGS WHICH DO NOT MEET MINIMUM STANDARDS OF HABITABILITY; PROVIDNG FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR AN AMENDMENT OF THE LAND DEVELOPMENT CODE ARTICLE 20 BUILDING REGULATIONS, SECTIONS 20.01.00. - 20.06.01.; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTION 20.06.02. STANDARD HOUSING CODE, 1994 EDITION ADOPTED; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTION 20.06.03. HOUSING BOARD OF ADJUSTMENTS AND APPEALS THE SAME AS BOARD OF ADJUSTMENT; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTION 20.06.04. STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION ADOPTED; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTION 20.06.05. DEFINITION; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.00. UNSAFE BUILDING ABATEMENT - GENERAL; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.01. DEFINITIONS; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.02. DETERMINATION OF UNSAFE BUILDING; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.03.

09-03-15-LP A. Agenda Page 1 of3 NOTICE; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.04. ADDITIONAL POWERS AND DUTIES OF THE BUILDING AND FIRE OFFICIALS; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.05. CODE ENFORCEMENT HEARING; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20-06.06. METHOD OF DEMOLITION OR REPAIR; PROVIDING FOR AN AMENDMENT OF THE CODE OF ORDINANCES CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, SEC. 6-47. ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR INCORPORATION INTO THE LAND DEVELOPMENT CODE AND CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

B. A public hearing to review proposed Ordinance No. 15-07-CC which is an Ordinance that amends the City of Destin Code of Ordinances (CC) by creating a new section Chapter 19.5, Article IV, Regulation of Businesses Offering Passenger vehicles for hire. The proposed Ordinance title is as follows:

ORDINANCE NO. 15-07-CC

AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA ESTABLISHING REGULATIONS FOR PASSENGER VEIDCLES FOR HIRE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES CHAPTER 19.5 TRAFFIC AND MOTOR VEHICLES, ARTICLE IV TITLED "REGULATION OF BUSINESS OFFERING PASSENGER VEHICLES FOR HIRE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-123. TITLE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-124. INTENT AND PURPOSE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-125. EXEMPTIONS; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5- 127. LICENSE REQUIRED FOR ALL BUSINESSES OFFERING PASSENGER VEHICLES FOR IDRE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-128. STANDARDS OF OPERATION FOR PASSENGER VEHICLE FOR HIRE BUSINESS LICENSE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-129. MINIMUM INSURANCE REQUIREMENTS; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-130. VEHICLE STANDARDS FOR PASSENGER VEIDCLES FOR IDRE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-131. DRIVER STANDARDS FOR PASSENGER VEIDCLES FOR IDRE;

09-03-15-LPA.Agenda Page 2 of3 PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-132. LICENSE FEES; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5- 133. ADMINISTRATION; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-134. ENFORCEMENT; PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

5. ADJOURNMENT

Copies of the above-mentioned matters may be reviewed at the Destin City Hall, Community Development Department. The public is encouraged to provide written and/or verbal comments on the above referenced matters.

All persons are advised that, if any person decides to appeal any decision made at any of these meetings, he/she will need a record of the proceedings and, for such purpose, they need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Florida Statutes 286.0105.

Persons with disabilities who require assistance to participate in this meeting are requested to notify the City Clerk's office at (850) 837-4242 at least 48 hours in advance.

09-03-15-LPA.Agenda Page 3 of3 MINUTES LOCAL PLANNING AGENCY THURSDAY, MAY 21,2015-5:30 P.M. DESTIN CITY HALL BOARDROOM

1. CALL TO ORDER:

Chairman Rector called the Local Planning Agency meeting to order on Thursday, May 21, 2015 at 5:30p.m., in the Destin City Hall Boardroom.

2. ROLL CALL:

Members Present Members Absent Staff Joe A. Rector, Jr. Donald David Kim Montgomery, Deputy City Clerk James Link R. Ashley Grana, Planning Manager Ronald Johnston Jerry Miller, City Attorney (by phone) Corey Ledbetter Scott Jacobs Harold Blackwood

3. APPROVAL OF MINUTES: April16, 2015

Motion by Agency member Link, seconded by Agency member Ledbetter to approve the minutes of the April16, 2015 meeting, passed unanimously with a 6-0 vote.

4. PREVIOUS BUSINESS:

A. A public hearing to review proposed Ordinance 15-03-LC, which is an ordinance that would amend the LDC to update the official name of the Destin Executive Airport and to incorporate an updated aircraft noise zone map and noise zone descriptions into the LDC. The proposed Ordinance title is as follows:

ORDINANCE NO. 15-03-LC

AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA RELATING TO AIRCRAFT NOISE ZONES; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FAOf; PROVIDING FOR THE AMENDMENT OF SECTION 7.15.01. AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATIONS; PROVIDING FOR THE AMENDMENT OF SECTION 7.15.02. AIRPORT LAND USE RESTRICTIONS; PROVIDING FOR THE AMENDMENT OF SECTION 7.15.07. COMPATffiLE LAND USES; PROVIDING FOR THE AMENDMENT OF SECTION 7.15.08. NOISE ZONES ESTABLISHED; PROVIDING FOR THE CREATION OF FIGURE 7.15.08A. 2013 OFFICIAL NOISE EXPOSURE MAP; PROVIDING FOR THE AMENDMENT OF SECTION 7.15.09. NOISE ZONES-LEGAL DESCRIPTIONS OF BOUNDARIES; PROVIDING FOR THE AMENDMENT OF LAND DEVELOPMENT CODE SECTION 7.15.16. SLR DESIGN REQUIREMENTS-GENERALLY; PROVIDING FOR INCORPORATION INTO THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Planning Manager read the title of the ordinance into the record and reminded the Agency members that this ordinance was on last month's agenda but was tabled to this meeting because staff realized a map was not included in the staff report and the Chairman was informed that he needed to take it off the table for discussion.

With the hearing open for discussion, the Chairman asked the Planning Manager what the 60- DNL line was as depicted on the new map. The Planning Manager explained the DNL line is just for reference and does not mean property owners have to comply with any addition building regulations. He also stated that the correct map is now included with the necessary corrections as well as indicating the new name of the airport; which all now matches up with the recommendations from the Airport Compatibility Advisory Committee (ACAC).

Agency member Link stated that he has a complaint regarding the changes that were made as a result of the ACAC suggestions. Stating that in his opinion, the ACAC does not have the authority or responsibility to make any changes to the city laws, the Comprehensive Plan, ot the Local Development Code and as a result, he cannot vote for it. Adding that he is on the ACAC and has heard all the griping about the noise level and the changes that made to the Part 150 Noise Compatibility Study back in the late 90's and early 2000's. Adding that he cannot go along with the changes since the compatibility committee was the only ones that made a complaint and he does not feel they have the authority. He then spoke of a letter he has from the legal counsel that says the city does not recognize the ACAC as a legal committee of the City and questions how this committee can accept changes that the ACAC suggests for the Land Development Code. He asked for input from staff on why they are making these changes.

The Planning Manager explained that the ACAC is a joint committee with the City and the County and are tasked with certain duties and this is one that is one o£those duties. Adding that this is also part of one of the recommendations as a result of the Noise Compatibility Study for the City to change its regulations adding that the existing one was created before 2000 and staff is aware it's incorrect. He spoke of how they need to use the most up-to-date data available in order to apply the necessary regulations. Agency member Link said that he is going to have to abstain from voting for reasons that he not able to agree. The Deputy City Clerk informed him that he could not abstain but he could vote against the motion. +

The Chairman asked the Planning Manager what exactly this ordinance would accomplish. The Planning Manager explained that the boundaries of the noise zone have changed over time and staff is using the rliost up-to-date data they have. Clarifying that when a new residential structures are built, they have to meet the most current regulations, pointing out that the boundaries of the district are changing not the requirements.

Agency member Jacobs asked if those building regulations were noise cancelling. The Planning Manager explained that the wind load standards for the Building Code are for 130-140 mph winds and so the construction techniques used to meet those regulations that will take care of the same requirements pointing out especially tlie windows. Agency member Jacobs then asked the Planning Manager to explain the noise mitigation funding that the County would be able to apply for if this were approved. The Planning Manager explained that the County could apply for grants to assist homeowners that have a home in place within the perimeter to be able to add noise abatement materials to their homes.

The Chairman pointed out that the only items changing in the ordinance is cleaning up the language and revising the map to be consistent with its new name and the most recent Part 150 Noise Study. With no other input from staff or the Agency members, the Chairman opened the public portion of the hearing and then closed it with no one present to speak.

Page2 Agency member Jacobs made the recommended motion that the Local Planning Agency find the proposed ordinance to be consistent with the Comprehensive Plan: 2020 and recommends City Council adopt Ordinance 15-03-LC. Agency member Johnston provided the second to the motion and the motion passed 5-1 with Mr. Link dissenting.

5. NEW BUSINESS:

A. A public hearing to review proposed Ordinance No. 14-06-LC, which is an Ordinance that amends the City of Destin Land Development Code (LDC) by creating a new Section 18.05.00 Multimodal Mitigation Fee, for off-site multimodal transportation improvements updating the legend of Map 8-4 which depicts the Multimodal Transportation District sub-areas. The proposed Ordinance title is as follows:

ORDINANCE NO. 14-06-LC

AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA RELATING TO MULTIMODAL TRANSPORTATION MITIGATION FEES; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE AMENDMENT OF MAP 8-4 MULTIMODAL TRANSPORTATION DISTRICT MAP; PROVIDING FOR THE CREATION OF LAND DEVELOPMENT CODE SECTION 18.05.00 MULTIMODAL MITIGATION FEE; PROVIDING FOR INCORPORATION INTO THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

The Planning Manager read the title of the ordinance into the record. He then explained to the Agency members that while staff was reviewing the action taken the next day following the LPA meeting last month; they realized that an important section was left out of the title of the ordinance regarding amendment of the language on the map and because of that; they had to change the title of the ordinance and add a new section to said ordinance, which resulted jn them having to re-advertise the ordinance and bring it back before the LPA for their recommendatimt to City Council for adoption.

Agency member Link asked who drew the boundary lines on the map and why Indian Bayou was not included. The Planning Manager explained that back in 2004 when the City was working with the State on 'he Multimodal Plan, they indicated to the City where the boundaries where going to be adding that those areas are not as dense as the southern parts of the City and would not need more than standard sidewalks installed.

The Chairman then opened the hearing to the public, with no one being in the public to speak he then closed the public portion of the hearing and asked the members for a motion.

Agency member Link made the recommended motion that the Local Planning Agency find the proposed ordinance 14-06-LC to be consistent with the Comprehensive Plan 2020 and recommends City Council adopt said Ordinance with Agency member Blackwood providing the second. The motion passes with a unanimous vote of 6-0.

Page 3 6. ADJOURNMENT:

Having no further discussion at this time, the meeting adjourned at 5:50p.m.

Adopted and approved this ______day of ______2015.

Joe Rector, Jr., Chairman Kim Montgomery, Deputy City Clerk

Page 4 ITEM __ CITY OF DESTIN AGENDA ITEM

LOCAL PLANNING AGENCY MEETING DATE: September 3, 2015 TYPE OF AGENDA ITEM: Public Hearing

TO: Local Planning Agency THROUGH: Community Development Director, Ken Gallander, AICP_II City Land Use Attorney, Scott Shirley ?lt~YF tf!.-1\.- Planning Manager, R. Ashley Grana fr6-

FROM: ChiefBuilding Official, Noell Bell, CBo.Ji\b

DATE: August 11, 2015

SUBJECT: Review and recommendation of Ordinance No. 15-08-LC, which is an ordinance that would amend the Land Development Code (LDC) by adopting amendments to address outdated and inadequate enforcement of unsafe building abatement code regulations

I. BACKGROUND: It was brought to the staffs attention through our Land Use Attorney, Scott Shirley that our current process of enforcing the 1985 Unsafe Abatement Code and Standard Housing Code as currently adopted, does not align with current code enforcement procedures as set forth in Florida Statute 162.

The City of Destin historically utilized the Board of Adjustment procedures to try and seek enforcement compliance when there are unsafe and substandard building code issues. Many local governments now utilize the code enforcement procedures under Chapter 162, Part I, Florida Statutes, to better handle these noncompliant unsafe and substandard building issues.

II. DISCUSSION: Utilizing the code enforcement procedures rather than the Board of Adjustment appeal process benefits the community more particularly where the recovery of fines and costs of demolition or repair are concerned. Also, it allows for the City to foreclose liens against the owner of the property to recover fines and costs and force sale of the property to a new owner. All in all, this should be more effective than having to currently go through a court order type system.

The changes would eliminate the current adoption of the 1985 Unsafe Abatement Code, replacing these standards with new ones to be included within the body of the Code of Ordinances. The changes will continue to enforce certain substantive portions of the 1990 Standard housing code. The following highlights the major changes to better enforce the code.

• Ties unsafe building abatement (and Standard Housing Code) compliance processes to the code enforcement process. This will ensure that all unsafe building abatement compliance procedures will be a joint responsibility of the Building Division and Code Enforcement Division within the Community Development Department.

Page 1 of2 ITEM __

• Uses code enforcement procedures for all unsafe building abatement, thus providing the due process of a hearing and opportunity to be heard at the front end of the process and allow the imposition of fines in addition to issuance of orders to cure violations.

• Development of a new definition of unsafe building that is more complete than that included in the standard code.

• Violation of the Standard Housing Code, Chapter 2 and 3 (except for Section 309), is now included in the definition of unsafe building.

A. Link to Strategic Goals /Objectives:

1. GOAL: Financially Sound City Providing Service Excellence 2. GOAL: Quality Development and Revitalization

B. Effect on Budget (EOB): Unable to fully determine at this time, however, costs incurred by the City may include, but not be limited to, securing structures, demolition/removal of structures, any remedial measures to address the unsafe structure, and/or lien procedures.

C. Level of Service (LOS): Unable to fully determine at this time, however, staff resources and time to address the added regulatory standards will need to be allocated to provide the expected service level to ensure compliance.

III. CONCLUSION: Unified code enforcement procedures of unsafe structures and standard housing code compliance will assist in our mission to promote and protect the health, safety, welfare and quality of life for our residents, businesses and visitors.

IV. RECOMMENDED MOTION: "I move that the Local Planning Agency find proposed Ordinance 15-08-LC consistent with Comprehensive Plan: 2020 and recommend its adoption by the City Council."

Exhibits: A. Proposed Ordinance 15-08-LC B. Comprehensive Plan: 2020 Excerpts

Page 2 of2 Exhibit A

ORDINANCE NO. 15-08-LC

AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA, RELATING TO UNSAFE BUILDING ABATEMENT AND ABATEMENT OF BUILDINGS AND DWELLINGS WIDCH DO NOT MEET MINIMUM STANDARDS OF HABITABILITY; PROVIDNG FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR AN AMENDMENT OF THE LAND DEVELOPMENT CODE ARTICLE 20 BUILDING REGULATIONS, SECTIONS 20.01.00. - 20.06.01.; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.02. STANDARD HOUSING CODE, 1994 EDITION ADOPTED; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.03. HOUSING BOARD OF ADJUSTMENTS AND APPEALS THE SAME AS BOARD OF ADJUSTMENT; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.04. STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION ADOPTED; PROVIDING FOR THE REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.05. DEFINITION; PROVIDING FOR~ CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.00. UNSAFE BUILDING ABATEMENT - GENERAL; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.01. DEFINITIONS; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.02. DETERMINATION OF UNSAFE BUILDING; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.03. NOTICE; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.04. ADDITIONAL POWERS AND DUTIES OF THE BUILDING AND FIRE OFFICIALS; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.05. CODE ENFORCEMENT HEARING; PROVIDING FOR THE CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20-06.06. METHOD OF DEMOLITION OR REPAIR; PROVIDING FOR AN AMENDMENT OF THE CODE OF ORDINANCES CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, SEC. 6-47. ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR INCORPORATION INTO THE LAND DEVELOPMENT CODE AND CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESTIN, FLORIDA that this Ordinance is hereby adopted in conformance with the authorities cited herein and provides an effective date and repeals all provisions of Ordinances or Resolutions in conflict herewith.

SECTION 1. AUTHORITY. The authority for the enactment of this Ordinance is Section 2(b), Article VIII, of the Constitution of the State of Florida, Section 1.01 of the City Charter; Chapter 162, Part II, Florida Statutes; Chapter 163, Part II, Florida Statutes; Sections 166.021 and 166.041, Florida Statutes, and the other authorities cited herein below. Exhibit A

SECTION 2. FINDINGS OF FACT.

WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the Constitution of the State of Florida, to exercise any power for municipal purposes, except when expressly prohibited by law; and

WHEREAS, Section 166.021(4), Florida Statutes, provides for the exercise by municipalities of such powers for municipal governmental, corporate, or proprietary purposes as are not expressly prohibited by the constitution, general or special law and removes any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited; and

WHEREAS, the City Council of the City of Destin finds that the abatement of unsafe buildings, structures and properties to be of preeminent importance to the protection of the public health, safety and welfare; and

WHEREAS, the City Council of the City of Destin has determined that it is in the public interest to eliminate public nuisances and protect City neighborhoods from decline and devaluation; and

WHEREAS, the City Council of the City of Destin has determined that it is necessary to preserve and promote the health, safety and general welfare of the citizens of the City by eliminating the dangers, blight and unsafe conditions caused by buildings that are vacant or abandoned, or are otherwise manifestly unsafe, or which do not meet minimum standards of habitability; and

WHEREAS, the City Council of the City of Destin has determined that it is necessary to amend the unsafe building abatement code to provide a more clear, efficient and effective process for unsafe building abatement and abatement buildings and dwellings which do not meet minimum standards of habitability; and

WHEREAS, pursuant to Section 162, Part II, Florida Statutes, the City has adopted uniform procedures for code enforcement, which the City Council of the City of Destin has determined provides appropriate procedures for enforcement of code requirements relating to abatement of unsafe buildings and abatement of buildings and dwellings which do meet minimum standards ofhabitability; and

WHEREAS, the City Council of the City of Destin has determined that this ordinance is necessary to protect the health, safety, and welfare of the City of Destin, Florida and its citizens.

SECTION 3. PURPOSE OF ORDINANCE. The purpose of this Ordinance is to amend, clarify, restate and supplement the City of Destin Land Development Code relating to unsafe building abatement and abatement of buildings and dwellings which do not meet minimum standards of habitability by amending Article 20 Building Regulations, and to make conforming amendments to Destin Code of Ordinances Chapter 6 Buildings and Building Regulations, Sec. 6-47. Administrative Amendments to the Florida Building Code.

NOTE: Language in sections 4 through 16 of this ordinance that is s#'uek lhreugh is language proposed to be deleted, underlined language is language proposed to be added, language that is not s#'l:IOk lhreugh or underlined is not to be changed, and * * * represents sections ofthe Land Development Code that have been skipped and remain unchanged.

Page 2 of 11 Exhibit A

SECTION 4. AMENDMENT OF LAND DEVELOPMENT CODE ARTICLE 20 BUILDING REGULATIONS, SECTIONS 20.01.00 - 20.06.01. Land Development Code Article 20 Building Regulations, Sections 20.01.00-20.06.01 are hereby amended as follows:

ARTICLE 20 BUILDING REGULATIONS

20.01.00-20.04.00 lO.OS.OO. Resenred.

20.05.00 20.06.00. Generally.

20.05.01 20.06.01. Foundation surveys for certain work.

(A) Foundation survey requirement. For all building projects which require construction of a foundation of 100 square feet or more, a foundation survey shall be submitted to the city building inspector prior to the dry-in inspection. Such foundation survey shall be prepared by or under the direct supervision of a registered land surveyor and certified by same. Any work undertaken prior to submission of the foundation survey shall be done at the builder's risk.

(B) Stop work order. The city building inspector shall have authority to immediately issue a stop work order for any project requiring a foundation survey, if the survey has not been submitted to him prior to the dry-in inspection. In addition, the building inspector shall immediately issue a stop work order if, upon examination of the foundation survey, it is determined that the foundation is located on the site in violation of city codes. When a stop work order is issued, no further construction shall then commence until the violation is corrected.

(C) As-built survey. For all building projects requiring a foundation survey, an as-built survey shall also be submitted to the city building inspector prior to the issuance of a certificate of occupancy. The as-built survey shall be prepared by or under the direct supervision of a registered land surveyor and certified by same. No certificate of occupancy shall be issued until the building inspector has received and examined the survey to determine there are no violations of city code requirements. If a violation is determined to exist, no certificate of occupancy shall be issued, no permanent electric power shall be connected and the structure shall not be occupied until the violation has been remedied.

SECTION 5. REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.02. STANDARD HOUSING CODE, 1994 EDITION ADOPTED. Land Development Code, Sections 20.06.02. Standard Housing Code, 1994 Edition adopted is hereby repealed as follows:

20.06.02. SIGlndcird &using Cede, 1994 Edi#en (l(]epted. There is hereby adopted by tHe eity, for the purpose of establishiRg FRiRimmR mles aRd regulatioRs for the use, oeeupaney and FRaiRteRanee of buildiRgs OR resideRtial properties, that eertaiR eode lrnowR as the StaRdard HousiRg Code, 1994 EditioR, and the provisioRs of sueh eode shall be eoRtrolliRg iR the use, oeeupaRey aRd FRaiRteRaRee of buildiRgs oR resideRtial properties iR the eorporate liFRits of the eity.

SECTION 6. REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.03. HOUSING BOARD OF ADJUSTMENTS AND APPEALS THE SAME AS BOARD OF ADJUSTMENT. Land Development Code, Sections 20.06.03. Housing board of adjustments and appeals the same as board ofadjustment is hereby repealed as follows:

Page 3 of 11 Exhibit A

20.06.03. Heusing eef!H'd efadjusmwnts and appeals the same as hea1'6/ &}adjustment. WhereYer 1:1sed in the Standard Ho~:~sing Code, 1994 Edition, the teffH: ho1:1sing board of adj1:1stments and appeals shall refer to the city's board of adj~:~stment.

SECTION 7. REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.04. STANDARD UNSAFE BUILDING ABATEMENT CODE, 1985 EDITION ADOPTED. Land Development Code, Sections 20.06.04. Standard Unsafe Building Abatement Code, 1985 Edition adopted is hereby repealed as follows:

20.06.04. Standtrrd Unsefe Building Abatement Cede, 1985 Edi#en adepted. There is hereby adopted by the city, for the p1:1rpose of establishing minim1:1m mles and reg~:~lations to effect the elimination of 1:1nsafe b~:~ildings, that certain code lrnovm as the Standard Unsafe B~:~ilding Abatement Code, 1985 edition, excl~:~ding Section 501.1 Hearing Examiners, Section 501.2 Reporting, Sections 504.2.1 through 504.25 Hearing Before Examiner, Section 505 Reco1:1rse and the proYisions of s1:1ch code shall be controlling to effect the elimination of~:~nsafe b~:~ildings in the corporate limits ofthe city.

SECTION 8. REPEAL OF LAND DEVELOPMENT CODE SECTIONS 20.06.05. DEFINITION. Land Development Code, Sections 20.06.05. Definition is hereby repealed as follows:

20.06.05. DcfinitieH.

Hearing examiner. V/flere'l'er ~:~sed in the Standard Unsafe B~:~ilding Abatement Code, 1985 Edition the teffH: "hearing examiner" shall refer to the city's board of adj~:~stment.

SECTION 9. CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.00. UNSAFE BUILDING ABATEMENT - GENERAL. Land Development Code, Section 20.06.00. Unsafe Building Abatement- General, is hereby created as follows:

20.06.00. Unsafe Building Abatement - General. All buildings, structures, premises, electrical, gas, mechanical or plumbing systems which are unsafe. unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, or which are otherwise unfit for human habitation, as may be further defined herein below, are considered unsafe buildings. All such unsafe buildings, structures or premises are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this Code or other applicable local ordinance.

SECTION 10. CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.01. DEFINITIONS. Land Development Code, Section 20.06.01. Definitions, is hereby created as follows:

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

Unsafe Building. Any building, structure or property that has any of the following conditions, such that life. health, property or safety of the general public or the building its occupants, either permanent or occasional, ofthe general public are endangered:

Page 4 of 11 Exhibit A

ill Any means of egress or portion thereof is not of adequate size. or is not arranged to provide a safe path of travel in case of fire or panic, or otherwise does not conform to the Florida Building Code or Florida Life Safety Code as related to the requirements for existing buildings or to the approved plans, if any. ill Any means of egress or portion thereof, such as. but not limited to, fire doors. closing devices and fire resistive ratings, is in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic. ill The stress in any material, member or portion thereof. due to all imposed loads including dead load exceeds the stress allowed in the Florida Building Code as related to the requirements for existing buildings. ill The building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirements established by the Florida Building Code as related to the requirements for existing buildings. ill Any exterior appendage or portion of the building or structure is not securely fastened, attached or anchored such that it is incapable of resisting wind, seismic or similar loads as required by the Florida Building Code as related to the requirements for existing buildings.

(Q) If. for any reason. the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used.

(1) The building, structure or portion thereof as a result of damage, decay, deterioration or dilapidation is likely to fully or partially collapse.

00 The building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Florida Building Code, was not constructed according to the approved plans, if any, or was constructed without first obtaining a building construction permit, where a building permit was required . .(2) Any building, structure or portion thereof that is unsafe. unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or which in relation to existing use. constitutes a hazard to safety or health by reason of inadequate maintenance. dilapidation, obsolescence or abandonment.

Dill Any building, structure or portion thereof that displays any of the above is in such a conditions so as to constitute a public nuisance or an unsafe or dangerous attractive nuisance.

ill) Any building, structure or property rendered unsafe or dangerous to human health by the presence of unlawful hazardous materials or toxic substances.

Q1} Any violation of Chapters 2 and 3 (except Section 309) of the Standard Housing Code. 1994 Edition, which is hereby adopted by the City for the purpose of establishing minimum rules and regulations for the use, occupancy and maintenance of buildings on residential properties: in addition to the provisions herein above. the provisions of such code shall be controlling as to the use, occupancy and maintenance of buildings on residential properties in the corporate limits of the City.

Page 5 of 11 Exhibit A

SECTION 11. CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.02. DETERMINATION OF UNSAFE BUILDING. Land Development Code, Section 20.06.02. Determination of Unsafe Building, is hereby created as follows:

20.06.02. Determination of Unsafe Building. The Building Official Cin consultation with and the Fire Official, where applicable) shall determine when a building is unsafe, or a portion of it may be unsafe. The Determination of Unsafe Building shall include a statement indicating the building or structure has been declared unsafe by the City and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the Code and shall be signed by the Building Official. Such determination shall be forwarded to the Code Enforcement Officer for further action according to the following procedures. and the procedures in Chapter 14 Article III, Code Enforcement Board; Special Magistrate, Destin Code of Ordinances.

SECTION 12. CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.03. NOTICE. Land Development Code, Section 20.06.03. Notice, is hereby created as follows:

20.06.03. Notice. The Code Enforcement Officer, upon receiving a Determination of Unsafe Building from the Building Official, shall prepare with coordination from the Building Official and issue a combined Notice of Unsafe Building and Notice of Violation directed to the owner of record of the building or structure. The Notice shall be provided as required in Section 14-84. Destin Code of Ordinances and shall also be posted in a conspicuous place on or about the structure. Once posted, it shall be unlawful for any person, firm, corporation, or other entity, or any agent thereof, to remove, deface or destroy the Notice of Unsafe Building and Notice of Violation without permission, or for any person to enter or otherwise occupy the building except for the purpose of making the required repairs or demolishing the building or structure based on applicable permitting and approvals by the Building Official. The Notice shall contain, but not be limited to, the following information:

ill The street address or location on which road, if no address is assigned and the property I.D. of the structure, building or property.

ill The Determination of Unsafe Building shall be included in its entirety.

ill A statement advising that if the following required actions, as determined by the building official, are not commenced within or completed by the time specified, the matter will be referred to the Code Enforcement Board or Special Magistrate for a hearing, which may result in a finding of violation and an order imposing fine and costs and requiring that the building, structure or property will be repaired or ordered vacated and, if applicable, demolished and all costs incurred, together with any accrued fines; and that the order imposing fine and costs may be filed in the public records, and as such, thereafter will constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator.

a. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within 60 days and continue to completion within such time as allowed per code.

Page 6 of 11 Exhibit A

b. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed and the building or structure secured against further occupancy, which time shall not exceed 30 days.

c. If the building or structure is to be demolished, the notice shall require that the premises be vacated within 30 days, that all required permits for demolition be secured in 60 days and completed within such time as allowed per code.

ill A statement that the Building Official has the authority to authorize disconnection of utility service to any structure where necessary to eliminate an immediate hazard to life or property or when such utility connection was made without proper authorization.

ill A statement providing notice that it is unlawful for any person, firm, corporation, or other entity, or any agent thereof, to remove, deface or destroy the Notice of Unsafe Building and Notice of Violation without the permission, or for any person to enter or otherwise occupy the building except for the purpose of making the required repairs or demolishing the building or structure based on applicable permitting and approvals by the Building Official.

SECTION 13. CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.04. ADDITIONAL POWERS AND DUTIES OF THE BUILDING AND FIRE OFFICIALS. Land Development Code, Section 20.06.04. Additional Powers and Duties ofthe Building and Fire Officials, is hereby created as follows:

2.06.04. Additional Powers and Duties o[the Building and Fire Officials.

ill The Building and Fire Officials may enter any building, structure or property at all reasonable times to make an inspection or enforce this code.

a. When entering a building, structure or property that is occupied, the officials shall first identify themselves, present proper credentials and request entry.

b. If the building, structure or property is unoccupied, the officials shall make a reasonable effort to locate the owner or other persons having charge of the building and demand entry.

c. If the officials are unable to obtain authorization to enter and inspect a building, structure or property, the officials may enter and inspect such building, structure or property by any other lawful means, including through the inspection warrant process as provided in Chapter 933, Florida Statutes.

ill The Building Official shall have the authority to authorize disconnection of utility service to any structure where necessary to eliminate an immediate hazard to life or property or when such utility connection is made without proper authorization. The Building Official shall notify the serving utility and, whenever possible, the owner or occupant of the structure, of the decision to disconnect such service prior to taking such action. The Building Official shall use best efforts to determine those instances where service is connected to more than one customer to avoid unintentional disconnection of utilities of innocent third parties.

Page 7 of 11 Exhibit A

ill Regardless of whether notice has been issued by the Code Enforcement Officer as provided in 20.06.03 herein above, the Building Official is authorized to take the following emergency measures where, in the opinion of the Building Official. there is imminent danger of fire, failure, or collapse of a building or structure which endangers life, or when any portion of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the structure's occupants or those in proximity because of explosives, explosive fumes or vapors, or the presence oftoxic fumes, gases or materials:

a. Disconnection of utility service as provided herein above.

b. Order and require that the occupants vacate the building, structure or property immediately.

c. Posting the building, structure or property at each entrance informing all persons that it is unlawful for any person to enter the building, structure or property except for the purpose of securing the building or structure, making an inspection, making required repairs, removing the hazardous condition, cleanup or remediation of hazardous materials or toxic substances, or for demolition and removal.

d. Temporarily close or board up buildings or structures against further entry, or order the authority having jurisdiction to close sidewalks, streets, public rights-of-way, and places adjacent to such buildings, structures or property.

e. When there is an imminent danger due to the condition of the building, structure or property, order emergency work to reduce or eliminate such condition to be performed by the property owner, or if the owner fails to perform such work within such reasonable time as specified by the Building Official, take such steps as are necessarv to eliminate such condition and present such costs to the Code Enforcement Board or Special Magistrate for an Order authorizing the placement of a lien to be recorded against the property for the costs of such work if the finding of imminent danger is confirmed by the code enforcement hearing.

ill The Notice of Unsafe Building shall be removed at such time as the defect or defects upon which the Notice is based have been eliminated.

SECTION 14. CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.05. CODE ENFORCEMENT HEARING. Land Development Code, Section 20.06.05. Code Enforcement Hearing, is hereby created as follows:

20.06.05. Code Enforcement Hearing. Upon failure of the owner to comply with the remedial measures and actions as required in the Notice of Unsafe Building and Notice of Violation, the Code Enforcement Officer shall schedule the matter to be heard by the Code Enforcement Board or Special Magistrate as provided in Section 14-79, Destin Code of Ordinances. If the Code Enforcement Board or Special Magistrate determines that there is a violation and affirms the Code Enforcement Officer's Determination of Unsafe Building, the Board or Special Magistrate shall in its order provide a reasonable time for the owner to correct the unsafe or dangerous condition, subsequent to which the Code Enforcement Officer may be directed to take any necessary remedial measures to have the building, structure or property secured by repair, closing up all entrances, or demolition. All such costs of remedial measures incurred by the City shall be charged against the real property upon which the building or structure is located and shall be a lien upon such real estate, and upon any other real or personal property owned by the violator, and may be collected in any legal manner.

Page 8 of 11 Exhibit A

SECTION 15. CREATION OF A NEW LAND DEVELOPMENT CODE SECTION 20.06.06. METHOD OF DEMOLITION OR REPAIR. Land Development Code, Section 20.06.06. Method of Demolition or Repair, is hereby created as follows:

20.06.06. Method o(Demolition or Repair.

W The Code Enforcement Board or Special Magistrate shall order either the demolition or repair of a building or structure as follows:

a. Demolition and removal shall be ordered when any building or structure is so deteriorated or dilapidated or has become so out of repair as to be dangerous. unsafe, unsanitary, or otherwise unfit for human habitation or occupancy to such an extent that it is unreasonable to repair the building or structure. Such order shall specify a time in which demolition is to be completed and shall require that the owner board up such building or structure pending demolition and removal.

b. Repair shall be ordered where such building or structure is capable of being made safe by repair. Such order shall specify the time in which such repairs are to be made and shall require the owner to board up the building or structure pending such repair.

ill Boarding up a building or structure for future demolition or repair pursuant to an order of the Code Enforcement Board or Special Magistrate shall not extend beyond one year. unless approved by the Code Enforcement Board or Special Magistrate upon a showing of good cause.

ill When any building or structure is to be demolished and removed by the City, the City. or any entity under contract to the City. may enter onto the real property that is the subject of the order and undertake such demolition by any lawful means. The City. or any entity under contract with the City, shall have the right to sell salvage and valuable materials at the highest price obtainable. The proceeds of the sale, after deducting the expenses of such demolition and removal, shall be promptly remitted to the owner with a report of such sale of transaction, including the items of expense and the amounts deducted. If there is not surplus to remit to the owner, the report shall so state.

SECTION 16. AMENDMENT OF THE CODE OF ORDINANCES, CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, SEC. 6-47. ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE. The Code of Ordinances, Chapter 6 Buildings and Building Regulations, Sec. 6-47. Administrative Amendments to the Florida Building Code, is hereby amended as follows:

Sec. 6-4 7. Administrative amendments to the Florida Building Code. Administrative amendments to Chapter 1 of the Florida Building Code [are as follows:]

(1) SECTION 101. GENERAL.

***

Page 9 of 11 Exhibit A

b. 101.4.2.3.2 Unsafe Buildings shall be abated using the procedures and substantive regulations set forth in Destin Land Development Code Section 20.06.00. Unsafe Building Abatement Standard Unsafe Building Abatement Code, 1985 edition, promulgated by the 8o1:1them B1:1ilding Code Congress lRtemational, lRe., s1:1bjeet to all amendments, modifieations or deletions hereinafter eontained. ***

(3) SECTION 103. POWERS AND DUTIES OF THE BUILDING OFFICIAL * * *

e. 103.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures and substantive regulations set forth in Destin Land Development Code Section 20.06.00. Unsafe Building Abatement provisions ofthe Standard Unsafe Building Abatement Cede or other local ordinance.

SECTION 17. CONFLICTING PROVISIONS. Special Acts of the Florida Legislature applicable to the incorporated area of the City of Destin, City Ordinances and City Resolutions, or parts, thereof, in conflict with the provisions of this ordinance are hereby superseded by this ordinance to the extent of such conflict.

SECTION 18. INCORPORATION INTO LAND DEVELOPMENT CODE AND CODE OF ORDINANCES. This Ordinance shall be incorporated into the City of Destin's Land Development Code and Code of Ordinance and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing.

SECTION 19. SEVERABILITY. Each separate provision of this ordinance is deemed independent of all other provisions herein so that if any portion or provision of this ordinance is declared invalid, all other provisions thereof shall remain valid and enforceable.

Page 10 of 11 Exhibit A

SECTION 20. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption by the City Council and signature by the Mayor.

ADOPTED BY THE CITY OF DESTIN CITY COUNCIL TillS DAY OF ______

BY: ------Mel Ponder, Mayor

ATTEST: The form and legal sufficiency of the foregoing has been reviewed and approved by the City Land Use Attorney for City of Destin use only.

Rey Bailey, City Clerk Scott Shirley, City Land Use Attorney

First Reading: ----- Second Reading: -----

Page 11 of 11

':..\IAJtl.Nlkplnmcnf.Community Oevdopmcnl 12A ' EdlibitJ\20 I 5'49 03.1 5-0d.l 5.01. LC-lftsale.Buildina. Abatemm.aal.Standard Hlllllin&.. Exhibit A·SWT. \" cnioa.don: ITEM# _ _

CITY OF DESTIN AGENDA ITEM

LOCAL PLANNING AGENCY MEETING DATE: September 3, 2015 TYPE OF AGENDA ITEM: Public Hearing

TO: Local Planning Agency

THROUGH: Community Development Director, Ken Gallander, AICP I/ Planning Manager, Ashley Grana ~ r City Land Use Attorney, Scott Shirley~r ~

FROM: Planner, Hank Woollard, AICPJt4..7

DATE: August 18, 2015

SUBJECT: Ordinance No. 15-07-CC Regulation of passenger vehicles for hire.

I. BACKGROUND: At least one taxicab operator says there may be as many as 200 taxicabs operating in Destin, but that only a fraction of those are operating as legitimate businesses with proper licensing and insurance. On August 25, 2014 the City Council was presented with information concerning the lack of taxi cab regulations in the City. These concerns focused on price gouging, lack of insurance, lack of criminal background checks, old and possibly unsafe vehicles, and the sometimes poor appearance of the taxi and/or the driver. Stating that the taxi ride represents what may be the first and last impression for many visitors to this area, the Council was asked to consider adopting some standards as other Florida communities have done in recent years if not for creating a positive impression then for the sake of public safety. On August 3, 2015 the City Council reviewed proposed standards for regulating taxis and directed staff "to initiate the ordinance adoption process by drafting an ordinance incorporating the recommended standards and presenting it in a public hearing with the Local Planning Agency; and to meet with stakeholders and get their input before they finalize any kind of legislation on this issue."

Staff has reached out to several taxicab operators as well as the Florida Taxicab Association and has had one-on-one meetings with at least two current and former taxi operators to discuss the content of the proposed ordinance.

Florida law requires taxi operators and owners to carry liability insurance, but offers little regulation beyond that. Local governments in Florida that have decided to regulate taxis have established standards for some or all of the following areas:

• Annual licensing of vehicles and operators • License fees • Standards of operation • Annual or semi-annual certification of vehicles • Minimum insurance requirements • Prohibition on the operation of unlicensed vehicles • Driver standards Page 1 of3

\\M ARLIN\Department\Community Development\LPA\Reports\20 15\09.03.15-0rd. I5.07.CC-Regulation.of.Taxis-Staff.Report_DRAFT.docx • Vehicle standards • Enforcement • Regulatory penalties • Display and/or posting of charges (flat fee or per mile) • Company signage and decals • Medallions and/or Decals

The degree of regulation varies from jurisdiction to jurisdiction. For example the Town of Fort Myers Beach and the City of Marathon have ordinances consisting of less than 10 pages. Lee County, Florida's ordinance is 17 pages long. Palm Beach County's "Vehicles for Hire" ordinance is more than 60 pages long. Broward County, Florida went so far as to create a Taxi Cab passenger's "Bill of Rights," which is as follows:

"Taxicab Passenger's Bill of Rights (Broward County): • To ride in a clean, safe and secure vehicle; to ride in a vehicle that has a Broward County taxicab operating permit (the number of which should be the same as the number on the vehicle) • To be transported by a driver who has in his/her possession a current Broward County chauffeur's registration (otherwise called a hack license), which I have the right to inspect • To be transported by a driver who maintains a neat appearance and who treats me in a professional and courteous manner • To be transported to my destination by means of the most direct and economical route possible, unless I agree or instruct the driver otherwise • To pay for the transportation based exclusively on an operating taximeter and based strictly on the rates approved by the Broward County Board of County Commissioners, as posted in the vehicle"

II. DISCUSSION: The proposed Ordinance represents what may be considered the mmtmum standards needed to regulate passenger vehicle for hire operations. These standards are recommended to address recent complaints and criticisms of local taxicab operations, as well as to incorporate the recommendations of current and former taxicab operators in Destin, and ensure all passenger vehicles for hire operators meet the standards expected of them.

Administration. Administration of this Section may, at the direction of the Destin City Council be provided by a Passenger Vehicle for Hire Compliance Division (PVHCD) staffed to ensure compliance with the standards contained herein. Funding for the operations of the PVHCD may be through the issuance of passenger vehicle for hire medallions/decals/licenses and/or other established administrative fees authorizing a passenger vehicle for hire to operate within the City of Destin.

Enforcement. Operating a vehicle for hire without appropriate approvals or in a manner contrary to these standards shall be enforced by members of all duly authorized law enforcement agencies within the City of Destin and/or by the PVHCD. Fines for violations should be large enough to deter non compliance.

Medallions/Decals

Page 2 of3

\\MARLIN\Department\Community Development\LP A\Reports\20 15\09.03 .15-0rd.l5.07 .CC-Regulation.of.Taxis-Staff.Report _DRAFT .do ex When a City or County regulates passenger vehicles for hire, there is the potential to create a monopoly on the industry. The potential is increased if there is a limit on the total number of passenger vehicle for hire licenses/decals/medallions it issues. Staff recommends that as long as an applicant can meet the minimum standards for the operation of a passenger vehicle for hire, that they be issued a license and a decal and/or medallion.

Link to Strategic Goals I Objectives: 4.B. Enhance opportunities for economic growth and diversity within the City.

A. Effect on Budget (EOB): Implementation should be revenue neutral if the costs of enforcement and administering the standards are balanced to medallion, decal and/or license fees.

B. Level of Service (LOS): None.

C. Comprehensive Plan Consistency: The proposed ordinance is consistent with:

GOAL 2-1: MULTIMODAL TRANSPORTATION SYSTEM. MAINTAIN AND CONTINUE TO IMPROVE UPON AN EFFICIENT, IDGH QUALITY, MULTIMODAL TRANSPORTATION SYSTEM THAT BALANCES COMMUNITY CIRCULATION NEEDS WITH REGIONAL TRAVEL DEMAND. ill. CONCLUSION: Many Florida local governments regulate passenger vehicles for hire. Research for this report included a review of regulations proposed by a former local taxicab company owner as well as the taxicab regulations of the City of Melbourne, the City of Jacksonville Beach, the City of Marathon, the City of Fernandina Beach, the Town of Ft. Myers Beach, the City of Ocala, and Lee County, Florida. Most use similar approaches to taxicab regulation and those standards that seem to be appropriate for the City of Destin are recommended in the attached ordinance. Implementing the standards would demand additional City Staff and Sheriff's Department resources to issue licenses certificates, and decals, to secure background checks, and to monitor and enforce taxicab operations.

IV. RECOMMENDATION: Find proposed Ordinance 15-07-CC is consistent with Comprehensive Plan: 2020 and recommend its adoption by the City Council.

V. RECOMMENDED MOTION: "I move that the Local Planning Agency finds proposed Ordinance 15-07-CC is consistent with Comprehensive Plan: 2020 and recommend its adoption by the City Council."

Exhibits: A. Proposed Ordinance 15-07-CC

Page 3 of3

\\MARL!N\Department\Community Development\LP A\Reports\20 15\09.03 .15-0rd.l5.07 .CC-Regulation.of.Taxis-Staff.Report_DRAFT .docx Exhibit A

ORDINANCE NO. 15-07-CC

AN ORDINANCE OF THE CITY OF DESTIN, FLORIDA ESTABLISHING REGULATIONS FOR PASSENGER VEIDCLES FOR-IDRE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES CHAPTER 19.5 TRAFFIC AND MOTOR VEIDCLES, ARTICLE IV TITLED "REGULATION OF BUSINESS OFFERING PASSENGER VEIDCLES FOR IDRE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-123. TITLE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-124. INTENT AND PURPOSE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-125. EXEMPTIONS; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5- 127. LICENSE REQUIRED FOR ALL BUSINESSES OFFERING PASSENGER VEIDCLES FOR IDRE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-128. STANDARDS OF OPERATION FOR PASSENGER VEIDCLE FOR mRE BUSINESS LICENSE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-129. MINIMUM INSURANCE REQUIREMENTS; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-130. VEIDCLE STANDARDS FOR PASSENGER VEIDCLES FOR IDRE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-131. DRIVER STANDARDS FOR PASSENGER VEIDCLES FOR IDRE; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-132. LICENSE FEES; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-133. ADMINISTRATION; PROVIDING FOR THE CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-134. ENFORCEMENT; PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

SECTION 1. AUTHORITY. The authority for the enactment of this Ordinance is Article 1, Section 1.01 (b) ofthe City Charter, and Section 166.021, Florida Statutes. Exhibit A

SECTION 2. FINDINGS OF FACT.

WHEREAS, Chapter 166, Florida Statutes, grants the City of Destin (the "City") broad municipal home rule powers to provide for the health, safety and welfare of its residents, business owners and visitors by enacting business regulations for the protection of the public; and

WHEREAS, the City Council is aware of certain issues regarding the fair and effective operation of passenger vehicles for hire within the City of Destin; and

WHEREAS, the City finds and declares that the public welfare and safety of its residents, business owners and visitors requires the regulation and control of passenger vehicles for hire, within the City; and

WHEREAS, the City Council deems it necessary that operation of passenger vehicles for hire be properly regulated and monitored within the limits of the City of Destin in order to protect its residents, business owners and visitors.

NOTE: Language in sections 4 through 15 of this ordinance that is sln:iek t-hreugh is language proposed to be deleted, underlined language is language proposed to be added, language that is not struek lhreugh or underlined is not to be changed, and * * * represents sections of the Land Development Code that have been skipped and remain unchanged.

SECTION 3. CREATION OF A NEW CODE OF ORDINANCES CHAPTER 19.5 TRAFFIC AND MOTOR VEIDCLES, ARTICLE IV TITLED "REGULATION OF BUSINESS OFFERING PASSENGER VEIDCLES FOR mRE." Chapter 19.5, Article IV, Regulation of Businesses Offering Passenger Vehicles for Hire is hereby created as follows.

ARTICLE IV. REGULATION OF BUSINESSES OFFERING PASSENGER VEIDCLES FOR mRE

SECTION 4. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-123. TITLE. Code of Ordinances, Section 19.5-123. Title, is hereby created as follows:

Sec. 19.5-123. Title.

This article shall be known as "Regulation of Businesses Offering Passenger Vehicles for Hire" Code.

SECTION 5. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-124. INTENT AND PURPOSE. Code of Ordinances, Section 19.5-124. Intent and Purpose, is hereby created as follows:

Sec. 19.5-124. Intent and Purpose.

It is the intent of the City to promote the health, safety and general welfare by regulating the businesses offering passenger vehicles for hire as defined herein, in the City to ensure protection of its residents and visitors, to promote safety on the roads, and to prevent fraudulent transactions.

Page 2 of 10

IIMARLIN\Depanment\Community Development\LPA\Exhibits\20 I 5109.03 .I 5-0rd.l 5.07.CC-Regulation .ofTaxicabs_Draft Ordinance-Exhibit A-Staff Version docx Exhibit A

SECTION 6. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-125. EXEMPTIONS. Code of Ordinances, Section 19.5-125. Exemptions, is hereby created as follows:

Sec. 19.5-125. Exemptions.

A. Any owner or transportation provider which has been designated as the community transportation operator is exempt from this Ordinance; provided, however, that any such vehicle that is also used as a passenger vehicle for hire other than exempted uses as specified herein shall require a certificate for such nonexempt uses.

B. Vehicles operated by a governmental agency; companies or organizations owning vehicles exclusively used for transportation of the employees or members of said company or organization; vehicles seating more than 14 passengers; sightseeing tours; public transportation; contract vehicles for hire limousines; shuttle transport services; and transportation activities licensed by the Interstate Commerce Commission so long as such vehicles are engaged solely in interstate commerce.

C. Discharge of passengers within the Citv of Destin picked up in another location provided that the vehicle and operator were authorized to pick up the respective passengers in the originating location of pick-up.

SECTION 7. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-126. DEFINITIONS. Code of Ordinances, Section 19.5-126. Definitions, is hereby created as follows:

Sec. 19.5-126. Definitions.

For the purpose of this article, the following terms, phrases, words, abbreviations. and their derivations shall have the following meaning herein given. When not inconsistent with the context. words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:

A. Compensation: Payment by a passenger of a vehicle for hire which may be in the form of a fare, a gratuity. or any other form of consideration.

B. Passenger: A person who is not permitted to drive. but may only ride within any vehicle.

C. Passenger vehicle for hire: Any vehicle for hire engaged in the transportation of persons and their accompanying baggage, if any. for compensation over the public streets, not operated on a fixed route, and not including vehicles owned by the city. This definition shall not be construed to include sightseeing tours, public transportation, contract vehicles for hire limousines or shuttle transport services.

D. Passenger vehicle for hire driver authorization: The authorization granted by the City to a stated person to operate any duly licensed passenger vehicle for hire for a period of one calendar year from the date of issuance, which authorization shall be reflected in a document issued by the City identifying the permittee and the expiration date thereof.

E. Passenger vehicle for hire vehicle certification: The authorization granted by the city to a stated person to operate a specific vehicle as a passenger vehicle for hire. This authorization shall be

Page 3 of 10

1\MARLIN\Department\Community Development\LPAIE•hibits\20 15\09. OJ .15-0rd.15.07 CC-Regulation of r ..icabs_Draft. Ordinance-Exhibit.A-Stalf. Version dOClt Exhibit A

reflected in a document issued by the city identifying the vehicle, the licensee, and the expiration date thereof.

F. Seating capacity: The maximum number of passengers allowed in a passenger vehicle for hire, which shall be as determined by the manufacturer of the vehicle.

G. Vehicle: Any wheeled device by which any person or property may be transported or drawn upon any public road, and which is propelled wholly or in part by a motor or engine.

SECTION 8. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-127. LICENSE REQUIRED FOR ALL BUSINESSES OFFERING PASSENGER VEIDCLES FOR mRE. Code of Ordinances, Section 19.5-127. License Required for All Businesses Offering Passenger Vehicles for Hire is hereby created as follows:

Sec. 19.5-127. License Required for Businesses Offering Passenger Vehicles for Hire.

A. Before any person shall establish or maintain a business of renting, leasing or providing any vehicle for hire within the geographic boundaries of the City, such person shall, as applicable make application with, and receive from the City Manager or City Manager's designee a license, to operate such business. Picking up a passenger for compensation within the corporate boundaries of the city shall constitute conducting or maintaining such a business. The application shall conform to all applicable requirements of this chapter and shall state the exact location of the intended place of business by address and/or real estate number and any intermediate or way stations. No such business shall be conducted or maintained unless such license is duly issued and fees paid in conformance with this chapter, as applicable, and unless the applicant has caused to be executed and shall maintain in full force and effect a liability insurance policy for each vehicle in amounts as prescribed in this chapter, the terms of which shall provide protection for all persons or property suffering injury, damage or loss because of the negligent operation of such vehicle by any person .

.L The Passenger Vehicle for Hire Business License application shall require information about the business, the business vehicles for certification, and the business drivers for certification as identified below.

2. Addition or elimination of vehicles or the addition or removal of authorized driver names from a valid passenger vehicle for hire license holder may occur at any time, though will be updated annually upon payment of the business tax.

B. The following information shall be provided as part of any new passenger vehicle for hire license request or renewal passenger vehicle for hire license request.

.L Information required for each business being operated as a passenger vehicle for hire business:

a. Name of business owner.

b. Owner address, contact information and emergency contact information.

c. Copy of all business licenses required by State and local government entities, including but not limited to DBPR, County government or the like.

Page 4 of 10

\\MARLIN\Department\Community Development\LPA\Exhibits\20 I 5\09.03 .I 5-0rd.l 5.07.CC-Regulation.ofTaxicabs_Draft.Ordinance-Exhibit A-Staff Version. docx Exhibit A

d. A permanent physical business address at which the passenger vehicle for hire business will be operated from. If the business is to be operated from within the City of Destin city limits:

• No Home Occupations or Off-site businesses shall be permitted. • Business location shall be properly zoned: industrial or mixed use.

2. Information required for each vehicle being operated as a passenger vehicle for hire:

b. Make and model

£.:. Vehicle Identification Number CVIN),

~ Tag number,

f Maximum passenger occupancy.

g,_ Recent (within the prior 12 months) by an ASE certified mechanic that the vehicle is in safe operating condition .

.1. Information required for each authorized driver operating a Passenger Vehicle for Hire:

~ A "clean" criminal background report

b. Copy of a current, valid Driver's License

£.:. Contact information, and

d. Emergency contact information.

SECTION 9. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-128. STANDARDS OF OPERATION FOR PASSENGER VEIDCLE FOR HIRE BUSINESS LICENSEE. Code of Ordinances, Section 19.5-128. Standards of Operation for a Passenger Vehicle for Hire Business Licensee, is hereby created as follows:

Sec. 19.5-128. Standards of Operation for a Passenger Vehicle for Hire Business Licensee.

Any valid licensee to whom a passenger vehicle for hire license has been granted shall:

A. Permit the authorized vehicle to be operated for hire only by an authorized driver.

B. Maintain a sign attached to, or painted upon, each licensed vehicle, with the term "taxicab," "taxi," "cab," or "for hire" thereon, of a size and design as being visible and legible. Magnetic signs shall not be used to comply with this standard.

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C. Not receive, discharge passengers, or wait for fares in any manner which causes blocking of traffic.

D. Maintain at least the minimum liability insurance required by the following Section 19.5-129 "Minimum Insurance Requirements."

E. Provide the current schedule of rates. Any change in rates must be submitted in writing to the City Clerk prior to the new rates taking effect.

F. Every license holder shall be responsible for ensuring that each of his drivers verifies at least every 12 months by sworn affidavit delivered to the license holder that such driver has not been found guilty or convicted, regardless of adjudication, of any of the following crimes within the then past three years:

L Murder, manslaughter, armed robbery, burglary, assault with a deadly weapon, aggravated assault;

2. Any crime involving the sale or possession of any controlled substance as defined by Florida Statutes;

1, The Florida RICO Act;

4. Driving while intoxicated or under the influence of drugs or any other alcohol or drug related offense;

~ Vehicular manslaughter;

6. Reckless driving;

7. Exposure of the sexual organs or any crime defined under Florida Statutes, pertaining to prostitution.

~ If at any time it is determined that the driver has been convicted within the past three years of any of the aforesaid crimes, the certificate holder shall not permit the driver to operate any vehicle.

9. The license holder shall maintain a permanent registry containing information on the identity of each driver permitted to operate a permitted vehicle under his authority. Said permanent registry shall be available for inspection and/or copying by the City Manager during the license holder's regular business hours .

.lQ,_ Applicants who misrepresent information provided under this section shall not be issued a license, or if issued, may suffer suspension or a revocation of the license.

SECTION 10. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-129. MINIMUM INSURANCE REQUIREMENTS. Code of Ordinances, Section 19.5-129 Minimum Insurance Requirements, is hereby created as follows:

Sec. 19.5-129. Minimum Insurance Requirements. Page 6 of 10

1\MARLIN\Department\Community Development\LPA\E.hibits\20 I 5\09.03.1 5-0rd.J5 .07.CC-Regulation.ofTaxicabs _ Dnlft.Ordinance-Exhibit .A-Stalf. Version do ex Exhibit A

A. No person shall operate a business covered under this Ordinance unless covered by a comprehensive general commercial liability insurance policy insuring the public against bodily injury or property damage resulting from or incidental to the operation or use of a vehicle-for hire. At a minimum, all license holders operating passenger vehicles for hire shall have in full force and effect motor vehicle liability insurance for each passenger vehicle for hire owned by, leased to, or otherwise controlled by operating company egual to or greater than $100,000 for bodily injury to any one person, $300.000 for injuries to more than one person which are sustained in the same accident. and $100.000 for property damage sustained in one accident. All license holders operating charter service vehicles shall have in full force and effect motor vehicle liability insurance for each charter service vehicle egual to or greater than $100.000 for bodily injury to any one person, $300,000 for injuries to more than one person which are sustained in the same accident. and in the amount of $100,000 for property damage sustained in one accident. Said insurance shall inure to the benefit of any person who shall be injured or killed. or who shall sustain damage to property proximately caused by the negligence of the license holder. all drivers. his masters, servants and agents. Nothing in this section shall be construed to waive applicable state or federal laws, if an", which reguire a higher amount of minimum insurance. The insurance binder shall list the City as a license holder and provide that the City shall be notified of any lapse in coverage(s).

B. Evidence of said coverage is subject to acceptance and approval by the City Manager or the City Manager's designee prior to issuance of this license.

C. Coverage shall remain in full force during the entire time that the license is valid and outstanding. Failure to provide such proof shall render the license null and void. and of no further use and effect.

SECTION 11. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-130. VEIDCLE STANDARDS FOR PASSENGER VEIDCLE FOR fiRE. Code of Ordinances, Section 19.5-130. Vehicle standards for Passenger Vehicle for Hire, is hereby created as follows:

Sec. 19.5-130. Vehicle standards for a Passenger Vehicle for Hire.

A. Vehicles shall not have been manufactured more than 10 years prior to the date of the current passenger vehicle for hire license.

B. Any vehicle approved for use as a passenger vehicle for hire and picking up fares within the municipal boundaries of the City of Destin shall display the City issued passenger vehicle for hire medallion or decal on the left rear fender in an area above the wheel well.

C. Vehicles shall be plainly marked and easily identified as a passenger vehicle for hire. Magnetic signs shall not be used to comply with this standard.

D. All company names, logos, telephone numbers and other information shall be painted or vinyl lettered on the body of each passenger vehicle for hire. Magnetic signs shall not be used to comply with this standard.

E. Current fare information (rates) shall be affixed to the body of each passenger vehicle for hire either by destination. by zone or by mileage and include minimum fare information. Magnetic signs shall not be used to comply with this standard.

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F. All passenger vehicles for hire shall have an operational roof light, either white or amber color with black lettering. Lights shall display the company name and/or "For Hire."

G. All vehicle exteriors and interiors shall be kept clean.

H. All vehicles shall be mechanically maintained in accordance with state and local laws.

L. All vehicles shall have working air conditioning systems.

L The use of alcohol and tobacco products shall not be allowed in any vehicle and signs shall be posted regarding this prohibition.

SECTION 12. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-131. DRIVER STANDARDS FOR PASSENGER VEIDCLES FOR IDRE. Code of Ordinances, Section 19.5-131. Driver standards for Passenger Vehicles for Hire, is hereby created as follows:

Sec. 19.5-131. Driver standards for passenger vehicles for hire.

A. Drivers shall pass a criminal background check.

B. Drivers shall be US citizens or legal immigrants.

C. Drivers shall have a current photo ID issued by the City, posted in a highly visible location inside the passenger vehicle for hire.

D. Drivers shall adhere to a professional dress code. Shirts or blouses must have collars and sleeves. Slacks or dress jeans are allowed. Shoes must be worn at all times. T-shirts, tank tops, and flip flops are not allowed.

F. Driver's shall have a "clean" driving record for three years prior to hiring.

SECTION 13. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-132. LICENSE FEES. Code of Ordinances, Section 19.5-132. License fees, is hereby created as follows:

Sec. 19.5-132. License fees.

The following license fees shall apply to Passenger Vehicle for Hire Licenses. Annual renewals shall be completed prior to license expiration date:

Initial license approval: $500.00 (includes 1 vehicle and 1 driver): Additional per vehicle(> 1): $50.00. Additional per driver(> 1): $50.00

Annual renewal: $250.00 (includes 1 vehicle and 1 driver): Additional per vehicle(> 1): $50.00 Additional per driver(> 1): $50.00

Replacement fee for lost or stolen license(> 1) $20.00 Page 8 of 10

\ IMARLIN\Department\Community Development\LPA \Exhibits\20 15109.03 .JS.Qrd.15.07.CC-Regulation.of Taxicabs_ Draft.Ordinance-Exhibit A-Staff Version do ex Exhibit A

SECTION 14. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-133. ADMINISTRATION. Code of Ordinances, Section 19.5-133. Administration, is hereby created as follows:

Sec. 19.5-133. Administration.

Administration of this Passenger Vehicles for Hire Section may, at the direction of the Destin City Council, be provided by a Passenger Vehicle for Hire Compliance Division (PVHCD) staffed to ensure compliance with the standards contained herein. Funding for the operations of the PVHCD may be through the issuance of passenger vehicle for hire medallions/decals/licenses authorizing a passenger vehicle for hire to do business within the City of Destin.

SECTION 15. CREATION OF A NEW CODE OF ORDINANCES SECTION 19.5-134. ENFORCEMENT. Code of Ordinances, Section 19.5-134. Enforcement, is hereby created as follows:

Sec. 19.5-134. Enforcement.

Operating a vehicle for hire without appropriate licenses or in a manner contrary to these standards as previously set forth shall be enforced by members of all duly authorized law enforcement agencies within the City of Destin and/or by the PVHCD.

A. It shall be unlawful for any person, or any operator or driver of any passenger vehicle for hire, limousine, or non-medical wheelchair and stretcher transportation vehicle to violate any of the terms, provisions or directions of this article.

B. Any penalties for violation contained within this article shall be in addition to any other penalties allowed by law. Nothing contained herein shall prohibit the county from enforcing the provisions of this article by any other means.

C. Violators may be taken before the code enforcement board for enforcement and may receive fines in accordance with Chapter 162, Florida Statutes.

D. Violations of the provisions of this article or failure to comply with any of the requirements shall constitute a misdemeanor of the second degree. Any person who is convicted for violations of this article shall pay all costs and expenses in the case.

SECTION 16. INCORPORATION INTO TilE CODE OF ORDINANCES. This ordinance shall be incorporated into the City of Destin's Code of Ordinances and any section or paragraph number or letter and any heading may be changes or modified as necessary to effectuate the foregoing.

SECTION 17. CONFLICTING PROVISIONS. Special Acts ofthe Florida Legislature applicable to the incorporated area of the City of Destin, City Ordinances and City Resolutions, or parts, thereof, in conflict with the provisions of this ordinance are hereby superseded by this ordinance to the extent of such conflict.

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SECTION 18. SEVERABILITY. Each separate provision of this ordinance is deemed independent of all other provisions herein so that if any portion or provision of this ordinance is declared invalid, all other provisions thereof shall remain valid and enforceable.

SECTION 19. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption by the City Council and the signature of the Mayor.

ADOPTED BY THE CITY OF DESTIN CITY COUNCILTIDS DAYOF _____

BY: Mel Ponder, Mayor

ATTEST: The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney for City of Destin use only.

Rey Bailey, City Clerk J. Jerome Miller, City Attorney

First Reading: ----- Second Reading:

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1\MARL!N\Depanment\Community Development\LPA\Exhibits\20 15\09.03 .15-0rd. 15.07.CC -Regulation.ofTaxicabs_Draft. Ordinance-Exhibit A-Staff Version.docx