Resolution 79-15890 RESOLUTION NO. 79-15890
A RESOLUTION PETITIONING THE DADE COUNTY
DELEGATION TO THE FLORIDA LEGISLATURE TO
PROCURE THE DEFEAT OF SENATE BILL 442 ,
SENATE BILL 491 AND THE COMPANION BILLS
PERTAINING TO "FOR-HIRE" VEHICLES.
WHEREAS, Dade County, Florida has enacted Ordinance No.
79-25 in direct conflict with F.S.A. 323. 052, which provides that
municipalities may continue to exercise jurisdiction over for-hire
vehicles; and -
WHEREAS, the adoption of said ordinance did not follow
the guidelines of F.S.A. 11. 61; and
WHEREAS, the State Legislature will consider Senate Bill
442 and House Bill 958 which authorizes certain chartered counties
to regulate and license for hire passenger motor vehicles throughout
the county and removing such authority from the municipalities within
such counties; and
WHEREAS, Senate Bill 442 is an attempt by Dade County to
legalize an unauthorized act prohibited by F.S.A. 323. 052 in adopting
Ordinance No. 79-25; and
WHEREAS, the City of Miami Beach, as a duly incorporated
municipality in Dade County, Florida, does license and regulate for
hire passenger motor vehicles operating within the corporate limits
of the City of Miami Beach, Florida; and
WHEREAS, by its nature and character as a tourist capital,
and with regard to the vast number of hotels located within its
boundaries, the City of Miami Beach is a unique municipality ' and would
not lend itself to county-wide regulation of its taxicab industry; and
WHEREAS, the taxi- service on Miami Beach has been outstanding
and has more than amply served the needs and interests of both the
permanent residents and tourists; and
WHEREAS, by the acts of Dade County, City of Miami Beach
will be deprived of needed revenue while being mandated to enforce
the ordinance; and
WHEREAS, the adoption of Senate Bill 442 will deprive
City of Miami Beach of needed and essential taxi services to the
tourists and citizens in other municipalities; and
WHEREAS, litigation has been filed in the Circuit Court
of Dade County contesting the constitutionality and legality of
Dade County' s Ordinance No. 79-25; and
WHEREAS, Dade County should mandatorily be required to
comply with Florida Legislative Act F.S.A. 323. 052 and F.S .A. 79-25;
and
WHEREAS, the Board of Directors of the Dade County League
of Cities, Inc. , has also passed a resolution opposing Senate Bill
442 and Senate Bill 491, as said bills would deprive municipalities
from regulating many for-hire vehicles within the respective juris-
diction;
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that: (1) the Dade County Delegation
to the Florida State Legislature be petitioned and memorialized to
take the necessary steps to combat the adoption of the Senate Bill
442 and Senate Bill 491 and the House of Representatives Companion
bills and (2) the Florida Legislature is hereby urged to require
Dade County and all governmental units to specifically comply with
F.S.A. 323. 052 and F.S.A. 11. 61.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, that copies of this Resolution be transmitted
to each member of the Dade County Delegation to the Florida Legislature
and to the Speaker of the House of Representatives and to the President
of the Senate of the State of Florida.
PASSED and ADOPTED this 25th day of April , 1979 .
cl,,/
Mayor
Attest:
City C erk
_2_
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
•
UK1li11VHL
RESOLUTION NO. 79-15890
(Petitioning Dade County Delegation to
Florida Legislature to procure defeat of
Senate Bill 491 and the companion Bills
pertaining to "For-Hire Vehicles")