Item No: 5C.
Meeting Date: April 9, 2012
From: Doug Drymon, Deputy City Manager
Subject: Ordinance amending the City of Leesburg’s Code of Ordinances to address the minimum levels of liability insurance required of any person or entity holding a license to operate vehicles for hire within the corporate limits of Leesburg
Staff recommends amending the current language in the City’s Code of Ordinances to require owners/operators of vehicles for hire to meet all state requirements as a condition of doing business inside the corporate limits of the City of Leesburg.
It has recently come to the attention of staff that the amount of auto liability insurance coverage which the City of Leesburg requires owners/operators of vehicles for hire to carry is set at lower minimum levels than the limits currently imposed under State law.
In discussions with Risk Manager Dann Herrin and City Attorney Fred Morrison, it appears the City has not previously amended its codes to reflect the auto liability insurance limits currently set forth under State law. Mr. Herrin and Mr. Morrison concur the best course of action for the City to take is to simply revise the language in Section 24-22 of the City of Leesburg Code of Ordinances to reference State law. The revised language being submitted should also serve to address any future changes in coverage or liability limits requirements the State of Florida may choose to adopt.
1. Adopt the Ordinance, as written; or
2. Such alternative action as the Commission may deem appropriate
Staff anticipates no significant financial impact on either the City or operators of vehicles for hire with passage of this ordinance. Background checks and issuance of Taxi Cab permits is currently coordinated by the Leesburg Police Department Records Section, which includes the process used to verify insurance coverage mandated by State Statute. Police Department personnel will ensure that both new and renewing cab drivers provide proof of current insurance coverage and the insurance company issuing the policy.
Prepared by: ______________________
Attachments: Yes____ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING §24 – 22 OF THE CODE OF ORDINANCES PERTAINING TO LIABILITY INSURANCE REQUIRED OF ANY PERSON OR ENTITY HOLDING A LICENSE TO OPERATE VEHICLES FOR HIRE WITHIN THE CITY OF LEESBURG, REQUIRING PROOF OF INSURANCE PROVIDING COVERAGE OF NO LESS THAN THE MINIMUM AMOUNT REQUIRED BY §324.031, FLA. STAT. (2011) OR ANY AMENDMENT TO OR SUCCESSOR OF THAT STATUTE IMPOSING MINIMUM LIABILITY INSURANCE REQUIREMENTS FOR OPERATORS OF A FOR – HIRE TRANSPORTATION VEHICLE; PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:
§24 – 22 of the Code of Ordinances
of the City of Leesburg, Florida, is hereby amended to read as follows
(language underlined is being added to the existing code section,
stricken through is being deleted from the existing section):
Sec. 24 – 22. Liability Insurance.
No person or entity who holds, or is
required to hold, a license as a company under this chapter to operate vehicles
for hire, shall permit a vehicle for hire to be driven or operated on the
streets of the City of Leesburg, unless the company under whose license the
vehicle for hire is being operated has first procured a liability insurance
policy or policies, and filed proof thereof with the city clerk. Such policy or
policies shall provide coverage for all persons suffering injury, loss or
damage to person or property by reason of the operation of any vehicle for hire
under the license of that company or by a driver employed by, or acting as an
independent contractor for, that company. Each policy shall be subject to
approval by the city clerk as to form and content, and shall be issued by an
insurer of recognized responsibility authorized by law to issue such policies
in the State of Florida. The
minimum permissible coverage shall be twenty-five
thousand dollars ($25,000.00) for the death of or injury to one (1) person,
fifty thousand dollars ($50,000.00) for injury or death to all persons arising
out of any one (1) accident, and twenty-five thousand dollars ($25,000.00)
[for] damage to property arising out of any one (1) accident insurance
coverage must conform to the requirements imposed by §324.031, Fla. Stat.
(2011) as subsequently amended, or any successor or replacement statute enacted
by the State of Florida, and such coverage shall remain in force without
reduction during the effective period of the policy. Each policy must contain a
provision that no coverage thereunder may be cancelled or modified until
written notice has been given to the city clerk at least thirty (30) days prior
to the cancellation or modification date. A holder of a company license must
submit proof of such insurance coverage at least annually, and if existing
coverage is cancelled or modified, the licensee shall submit proof of the
required coverage prior to the effective date of the cancellation or
modification. No permit shall be issued to any company for the operation of any
vehicle for hire unless and until such policy of insurance has been filed with
the city clerk. Failure to procure and keep in force such insurance coverage or
provide proof thereof when required, shall be grounds for revocation or
suspension of the company permit, or referral to the code enforcement board.
All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.
If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.
This Ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the day of , 2012.
THE CITY OF LEESBURG, FLORIDA