Ordinance 80-2243ORDINANCE NO. 80-2243
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 42-6
OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
REGARDING INSURANCE REQUIREMENTS FOR TAXICABS;
PROVIDING FOR THE ACCEPTANCE OF CERTIFICATE OF
SELF-INSURANCE FROM THE DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES IN LIEU OF PUBLIC
LIABILITY INSURANCE POLICY COVERING EACH SUCH
MOTOR VEHICLE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Section 42-6 of the Code of the City of Miami Beach,
Florida, is hereby amended to read as follows:
"Sec. 42-6. Insurance Required.
It shall be unlawful for any certificate -holder, his agents
or employees, to drive or operate any taxicab, or allow the
same to be driven, or operated in the city, unless there is in
full force at all times in which such taxicab is being driven
or operated, insurance in the sum of fifty thousand dollars
for injury to any one person, one hundred thousand dollars for
injury to more than one person in the same accident and five
thousand dollars' property damage in any one accident, written
by an insurance company duly licensed to engage in the sale of
liability insurance in the state or in the alternative a
Certificate of Self -Insurance from the Department of Highway
Safety and Motor Vehicles, a copy of which policy or Certificate
shall be filed with the city police department, and shall agree
to provide the city with a minimum of thirty days' notice of
cancellation, and which shall inure:
(a) To the benefit of any passenger in such taxicab who may
receive bodily injuries, and to the heirs or legal represen-
tatives of any passenger who may suffer death by reason of the
negligence or misconduct on the part of the certificate -holder
or driver of such motor vehicle for hire.
(b) To the benefit of any individual who may receive bodily
injuries and to the heirs or legal representatives of any in-
dividual who may suffer death by reason of the negligence or
misconduct on the part of the certificate -holder or driver of
such vehicle.
(c) To the benefit of any individual who may sustain damage
by reason of any injury to his property due to the negligence
or misconduct of the certificate -holder or driver of such
motor vehicle. (Ord. No. 1898, Sec. 1.)
SECTION 2: All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 3: This ordinance shall go into effect upon its passage in
accordance with law.
PASSED and ADOPTED this 17th day of December, 1980.
Attest:
City Clerk
1st Reading - November 5, 1980
2nd Reading - December 17, 1980
Words in struek-threegh type are deletions.
Words in underscore type are additions.
FORM APPROVED
LEGAL DEP
By
Date
BMS/el
1/5/81
skl
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139
OFFICE OF THE CITY MANAGER
HAROLD T. TOAL
CITY MANAGER
FLORIDACal/ Naomi Vead
3 3 1 3 9
"VACATIONLAND U. S. A."
COMMISSION MEMORANDUM NO. e-6 1-,7
TO: Mayor Murray Meyerson and
ers of till? C. Commission
FROM: j4airold�`. oal 11JJ11
City Manager
SUBJECT: TAXICAB INSURANCE
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
DATE: December 17, 1980
The Administration recently was informed that all taxicab certificate holders in
Miami Beach may be in violation of sections of the Miami Beach City Code in that
they do not carry the amounts of liability insurance required in our ordinances.
After meeting with representatives of the industry, the Administration was told
it would not be possible for taxicabs to provide the required insurance and that
all taxicabs would be taken off the streets if the present ordinances are enforced.
An examination of practices in other Dade County jurisdictions indicates that a
certificate of self-insurance from the Florida Department of Highway Safety and
Motor Vehicles is accepted as an alternative. This practice has in fact been in
effect for several years with the Miami Beach taxicab firms and has worked in a
satisfactory manner.
In reviewing alternatives to the self-insurance certificate, it was noted that
taxicab corporations could be insured by the Joint Underwriters Association which
is a high risk insurance group. The following rates were quoted for a fleet of
200 taxicabs with an average claim rate.
10,000/20,000 - $2,593.00 per vehicle, per year = $518,600
25,000/50,000 - $6,171.00 per vehicle, per year = $1,234,200 (50% of
City Code requirements)
In light of the above costs the Administration is proposing an amendment to our
ordinance permitting the City to accept a certificate of self-insurance as suffi-
cient evidence of liability insurance. The Administrate on sees no alternative
to this if the City of Miami Beach is to maintain taxicab service within its
City limits.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the ordinance amendment attached be adopted.
HTT:RJG:rs
Attachment
AGENDA
ITEM
DATE
X -3-C.
JOHN A. RITTER
CITU ATTORNEY
OFFICE OF THE CITY AT1OHNtY
F L
0 R 1 D A
COMMISSION MEMORANDUM NO.
TO: Mayor Murray Meyerson and
Members of the City Commission
City Manager Harold T. Toal
FROM: John A. Ritter
City Attorney
TELEPHONE : 673.7470
DATE: Dec. 17,1980
SUBJECT: LIABILITY OF CITY FOR ACCEPTANCE OF CERTIFICATE OF SELF-
INSURANCE AS PROOF OF FINANCIAL RESPONSIBILITY OF TAXICABS
The proposed amendment to Section 42-6 of the Miami Beach City
Code, regarding insurance requirements for taxicabs, provides for
the acceptance of a Certificate of Self-insurance from the
Department of Highway Safety and Motor Vehicle in lieu of public
liability insurance policy covering each such motor vehicle.
Every owner or registrant of a motor vehicle required to be
registered and licensed in this state (including for -hire motor
vehicles) must maintain security by an insurance policy delivered
or issued for delivery in the State of Florida by an authorized or
eligible motor vehicle liability insurer which provides the
benefits and exemptions contained in Sections 627.730-627.741, F.S.
(copy attached).
The required minimum personal injury protection benefits are as
follows:
Every insurance policy complying with the security
requirements of the state statutes shall provide personal injury
protection providing for payment of all reasonable expenses to the
name insured, relatives residing in the same household, persons
operating the insured motor vehicle, passengers in such motor
vehicle, and other persons struck by such motor and suffering
bodily injury while not an occupant to a limit of ten thousand
dollars for loss sustained by any such person as a result of bodily
injury, sickness, disease, or death arising out of the ownership,
maintenance of use of a motor vehicle.
Security may also be provided with respect to any motor vehicle by
any other method authorized by Sections 324.031(2),(3), or (4) and
approved by the Department of Highway Safety and Motor Vehicles as
affording security equivalent to that afforded by a policy of
insurance.
Section 324.031, F.S., commonly known as the Florida Financial
Responsibility Law, provides that the operator or owner of a
vehicle may prove his financial responsibility by:
1) Furnishing satisfactory evidence of holding a motor
vehicle liability policy as defined in Sections 324.021(a)
F.S. and 324.151 F.S., or
2) Posting with the department a satisfactory bond of a
surety company authorized to do business in the state,
conditioned for payment of the amount specified in Section
324.021(7) F.S., or
AGENDA R
ITEM , 3 —Co
DATE I2."''I4"-80
3) Furnishing a certificate of the department showing a
deposit of cash or securities in accordance with Section
324.161 F.S., or
4) Furnishing a Certificate of Self-insurance issued by
the department in accordance with Section 324.171, F.S.
The standards set forth in Chapters 627 and 324 F.S., are minimum
standards and do not prohibit the City from establishing
additional or more stringent regulations. However, the City may be
preempted from establishing any lesser standards than that set
forth by the state law.
Section 42-6 of the Miami Beach City Code (copy attached), as it
now exists, does establish greater standards of financial
responsibility than that required by state law by requiring any
certificate-holder, his agents or employees, to obtain insurance in
the sum of fifty thousand dollars for injury to anyone person, one
hundred thousand dollars for any injury to more than one person in
the same accident and five thousand dollars property damage in
anyone accident. As the Administration points out in their
Commission Memorandum, all taxicab certificate holders in Miami
Beach may be in violation of Section 42-6 of the Code in that they
do not carry the amounts of liability insurance required by our
ordinances.
An examination of practices in other Dade County jurisdictions
indicates that a Certificate of Self-insurance from the Florida
Department of Highway Safety and Motor Vehicles is accepted as an
alternative to the state requirements. This practice has in fact
been in effect for several years with the Miami Beach taxicab firms
and has worked in a satisfactory manner.
It has been determined from information obtained by the Joint
Underwriters Association that requiring taxicabs to obtain
insurance in the amounts now required by the City Ordinance would
cost the individual taxicab owner an amount in excess of five
thousand dollars per year. The Administration obtained a quote for
a fleet of two hundred taxicabs with an average claim rate in the
amount of over one million dollars for fifty percent of the City
Code requirements.
In light of these costs, the Administration has proposed an
amendment to the ordinance permitting the City to accept a
Certificate of Self-insurance is sufficient evidence of liability
insurance.
The proposed amendment to the ordinance is clearly within the
authority of the City Commission in that it seeks to provide an
alternate method of proving financial responsibility which is
consistent with the minimum standards established by state law.
The adoption of the proposed amendment to the ordinance is a dis-
cretionary decision on the part of the Commission and in no way
could be construed as negligent in light of the evidence and
testimony deduced by the Administration and this Commission in
consideration of such amendment.
Therefore, it is my opinion that there is no liability on the part
of the City and/or its Commissioners for adopting the amendment to
the ordinance which is consistent with state law.
Prepared by Bruce M. Singer
Page 2 of 2
§ 42-6
TAXICABS, ETC., FOR HIRE § 42-7
(2) It has ever been used as a police car.
(3) It is more than five calendar years old.
In addition, no permit shall be issued for any motor vehicle to be
operated as a taxicab within the city unless such vehicle is equipped
with an operational and mechanically sound auto air -conditioner.
(Ord. No. 1898, § 1.)
Sec. 42-6. Insurance required.
It shall be unlawful for any certificate -holder, his agents or em-
ployees, to drive or operate any taxicab, or allow the same to be
driven or operated in the city, unless there is in full force at all times
in which such taxicab is being driven or operated, insurance in the
sum of fifty thousand dollars for injury to any one person, one hun-
dred thousand dollars for injury to more than one person in the same
accident and five thousand dollars' property damage in any one ac-
cident, written by an insurance company duly licensed to engage in
the sale of liability insurance in the state, a copy of which policy shall
be filed with the city police department, and shall agree to provide
the city with a minimum of thirty days' notice of cancellation, and
which shall inure:
(a) To the benefit of any passenger in such taxicab who may
receive bodily injuries, and to the heirs or legal representatives of
any passenger who may suffer death by reason of the negligence or
misconduct on the part of the certificate -holder or driver of such
motor vehicle for hire.
(b) To the benefit of any individual who may receive bodily in-
juries and to the heirs or legal representatives of any individual who
may suffer death by reason of the negligence or misconduct on the
part of the certificate -holder or driver of such vehicle.
(c) To the benefit of any individual who may sustain damage by.
reason of any injury to his property due to the negligence or mis-
conduct of the certificate -holder or driver of such motor vehicle. (Ord.
No. 1898, § I.)
Sec. 42-7. Posting of rates.
A schedule of rates authorized by the city council to be charged for
passenger transportation services within the city shall be posted by
the certificate -holder on each vehicle licensed as a taxicab. The cer-
tificate -holder may also post a schedule of flat rates to be charged
passengers for transportation services outside the limits of the city;
provided, that such rates have been filed with the police department.
563
Supp. # 10, 12-71
3
OFFICE OF THE CITY MANAGER
HAROLD T. TOAL
CITY MANAGER
TO:
FLORIDAeetet vte4ote 6.4
3 3' 1 3 9
"VACATIONLAND U. S. A."
COMMISSION MEMORANDUM NO.
Mayor Murray Meyerson and
bers oftt a City Commission
v
FROM: :roll T. oal
City Manager
15T
SUBJECT: TAXICAB AND AUTO RENTAL FIRMS INSURANCE
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
DATE: November 5, 1980
The Administration recently was informed that all taxicab
Certificate holders and the various automobile rental busi-
nesses in Miami Beach are and have been for a number of years
in violation of sections of the Miami Beach City Code in that
they do not carry the amounts of liability insurance required
in our ordinances.
After meeting with representatives of the industries, the
Administration was told it would not be possible for taxicabs
to provide the required insurance, and that all taxicabs would
be taken off the streets if the present ordinances are enforced.
An examination of practices in other Dade County jurisdictions
indicates that a Certificate of Self -Insurance from the Florida
Department of Highway Safety and Motor Vehicles is accepted as
an alternative. This practice has in fact been in effect for
several years with the Miami Beach taxicabs and auto rental
firms and has worked in a satisfactory manner.
The Administration is proposing an amendment to our ordinances
permitting the City to accept a Certificate of Self -Insurance
as sufficient evidence of liability insurance. We see no
alternative to this if we are to maintain taxicab service and
auto rental service within our City limits.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the two ordinance amendments
attached be adopted.
HTT:HC:em
Attachments
AGENDA
ITEM
R-3 -a
9
DATE /I_f1:;i...o
v
•
0 0
U 4-i
M
4-4
N 0
N
I
P-1 o •
< CO N
z
1-4
0
P4 z v
o w cn
ORDINANC
requirements