Resolution 81-16699 RESOLUTION NO . 81-16699
A RESOLUTION RELATING TO THE DADE COUNTY CHARTER
AMENDMENT AND THE PROPOSED ORDINANCE TO REGULATE
FOR-HIRE VEHICLES COUNTY-WIDE ; STATING THAT THE
CITY OF MIAMI BEACH CONSIDERS SUCH DADE COUNTY
AMENDMENT AND PROPOSED ORDINANCE TO BE UNCONSTIT-
UTIONAL ; OPPOSING THE PASSAGE OF SUCH PROPOSED
ORDINANCE ; AND AUTHORIZING THE CITY ATTORNEY OF
THE CITY OF MIAMI BEACH, UPON PASSAGE OF THE
PROPOSED ORDINANCE , TO PROSECUTE A LAWSUIT TO
HAVE THE DADE COUNTY CHARTER AMENDMENT AND THE
PROPOSED ORDINANCE INVALIDATED .
WHEREAS , Florida Statutes §323 . 052 provides the procedure
by which the county could regulate for-hire vehicles ; and
WHEREAS , such procedure was not followed when Dade
County amended its charter and enacted an Ordinance in 1979 to
regulate for-hire vehicles pursuant to such charter amendment ; and
WHEREAS , F. S . §323 . 053 (4) gives municipalities the
exclusive authority to regulate for-hire vehicles operating within
and around municipal boundaries , in absence of a transfer of
such authority to the counties under F. S . §323 . 052 (3) ; and
WHEREAS , the City of Miami Beach, as a duly
incorporated municipality in Dade County , Florida, has exercised
its exclusive authority to regulate for-hire vehicles operating
within and around its corporate limits ; and
WHEREAS , the City of Miami Beach has never transferred
this authority to Dade County; and
WHEREAS , the City of Miami Beach, as a tourist capital
with a vast number of hotels , is a unique municipality with an
immediate interest in regulating its for-hire vehicle industry
according to the needs and necessities of the City of Miami
Beach; and
WHEREAS , the Florida Supreme Court in Dade County v.
City of Miami , found the 1979 Dade County for-hire vehicle ordinance
unconstitutional because it conflicted , in an unauthorized manner ,
with F . S . 323 . 05 , which was in effect when the ordinance was enacted ;
and
WHEREAS , neither a Dade County charter amendment nor a
county ordinance may conflict with state law unless authorized by
the Florida Constitution; and
WHEREAS , the Dade County charter amendment and the 1979
county ordinance were mutually dependent ; and
WHEREAS , the proposed county ordinance is equally as dependent
on the Dade County charter amendment ; and
WHEREAS , the City of Miami Beach considers the charter
amendment and any ordinance enacted pursuant to it unconstitutional ,
illegal , and unacceptable for the reasons stated above ;
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
City of Miami Beach opposes the passage of the proposed
Metro Ordinance, passed on first reading on June 2 , 1981 , which
purports to remove from the City of Miami Beach authority
to regulate for-hire vehicles operating within and from the
municipal boundaries of the City of Miami Beach; and
BE IT FURTHER RESOLVED that if the said Metro Ordinance
shall be enacted without exempting Miami Beach the City Attorney of
the City of Miami Beach is hereby authorized and directed to pursue
all legal avenues , including litigation, forthwith to have the Dade
County charter amendment and proposed Ordinance invalidated and to
take all necessary or appropriate action in connection therewith.
PASSED and ADOPTED this 17th day of June , 1981 .
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APPROVED
LEGAL DEPT.
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RESOLUTION NO. 81-16699
(Relating to the Dade County Charter Amend-
ment and the Proposed Ordinance to Regulate
For-Hire Vehicles County-Wide: Stating
that the City of Miami Beach considers such
Dade County Amendment and proposed Ordinance
to be unconstitutional; opposing the passage
PRIMOMMMMO of such proposed Ordinance; and authorizing
A
the City Attorney of the City of Miamit7*
Beach, upon passage of the Proposed Ord. , to
prosecute a lawsuit to have the Dade County
Charter Amendment and the Proposed Ord. in-
validated.)
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validated.)
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