2014-28703 Reso RESOLUTION NO. 2014-28703
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE FEDERAL TRADE
COMMISSION TO REVIEW PENDING LEGISLATION BEFORE THE
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS
REGARDING THE REGULATION OF TRANSPORTATION NETWORK
ENTITIES AND TO PROVIDE ITS COMMENTS THEREON WITH
REGARD TO FAIR COMPETITION AND CONSUMER PROTECTION.
WHEREAS, in recent years, the for-hire transportation industry has been revolutionized
by companies such as Uber and Lyft, which provide digital on-demand car services; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach believe that
enhanced technologies for digital on-demand car services should be adopted in our community
because such advances would not only elevate for-hire transportation services in Miami-Dade
County to world-class standards, but would also result in the creation of significant job
opportunities for the residents of Miami-Dade County in the for-hire transportation industry; and
WHEREAS, on January 15, 2014, the Mayor and City Commission of the City of Miami
Beach adopted Resolution No. 2014-28466, urging the Miami-Dade County Board of County
Commissioners to adopt legislation that would expand opportunities for digital dispatch
providers of for-hire transportation services in Miami-Dade County; and
WHEREAS, according to the Greater Miami Convention and Visitors Bureau, there were
14.2 million overnight visitors in Miami-Dade County in 2013 and Miami Beach was the most
popular place to stay in Greater Miami; and
WHEREAS, as a world renowned tourist destination and preeminent residential
community, the City of Miami Beach, as well as all of Miami-Dade County, would benefit
significantly from comprehensive and meaningful reforms to improve the local for-hire
transportation industry; and
WHEREAS, on July 15, 2014, the Miami-Dade County Board of County Commissioners
passed on first reading, and referred to the Transportation and Aviation Committee to be heard
on August 27, 2014, proposed legislation that would regulate transportation network entities
(See County Legislative Item No. 141586/Agenda Item 4B — July 15, 2014, attached as Exhibit
"A"); and
WHEREAS, as part of its advocacy for policies that promote competition and consumer
protection, the Federal Trade Commission has previously opined on proposed legislation
regulating transportation network entities in Chicago, the District of Columbia, and in Colorado;
and
WHEREAS, in the interests of fair competition and consumer protection, it would be
advantageous to the citizens and visitors of the City of Miami Beach and Miami-Dade County for
the Federal Trade Commission to provide comments on the proposed County legislation.
1
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby urge the Federal Trade Commission to review County Legislative Item No.
141586/Agenda Item 4B — July 15, 2014 and to provide its comments thereon with regard to fair
competition and consumer protection in Miami-Dade County.
PASSED AND ADOPTED this 30th day of July, 2014.
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MEMORANDUM
Agenda Item No. 4(B)
TO: Honorable Chairwoman Rebeca Sosa DATE: July 15,2014
and Members,Board of County Commissioners
FROM: R. A. Cuevas,Jr. SUBJECT: Ordinance relating to For-hire
County Attorney Motor Vehicles amending
Chapter 31,Article V of the
Code relating to Chauffeurs
The accompanying ordinance was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Esteban L. Bovo, Jr.
R. A. Cuevas,Jr. —
County Attorney
RAC/cp
'-per
MEMORANDUM
(Revised)
TO: Honorable Chairwoman Rebeca Sosa DATE: July 15,- 2014
and Members,Board of County Commissioners
R®I�If: R.A. Cuevas,Jr. '��
SUBJECT: Agenda Item No.
County Attorney
Please note any items checked.
"3-DAy Rule"for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeps notification to municipal off=icials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Staiement of fiscal impact required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote(i.e.,2/3's
315's ,unanimous )to approve
Current information regarding funding source,index code and available
balance,and available capacity(if debt is contemplated)required
Approved Mayor Agenda Item No. 4(B)
Veto 7-15-14
Override
ORDINANCE NO.
ORDINANCE RELATING TO FOR-HIRE MOTOR VEHICLES;
AMENDING CHAPTER 31, ARTICLE V OF THE CODE OF
MIAMI-DADE COUNTY, FLORIDA, RELATING TO
CHAUFFEURS; AMENDING DEFINITIONS AND
REQUIRING THAT TRANSPORTATION NETWORK ENTITY
FOR-HIRE VEHICLE DRIVERS OBTAIN A CHAUFFEUR'S
REGISTRATION AND COMPLY WITH THE
REQUIREMENTS THEREIN; CREATING CHAPTER 31,
ARTICLE VII OF THE CODE REGULATING
TRANSPORTATION NETWORK ENTITIES, CHAUFFEURS
AND VEHICLES; PROVIDING FOR DEFINITIONS,
LICENSING AND REGULATION OF TRANSPORTATION
NETWORK ENTITIES; PROHIBITING TRANSFER OF
TRANSPORTATION NETWORK ENTITY . LICENSES;
REQUIRING THAT DRIVERS OF TRANSPORTATION
NETWORK ENTITY VEHICLES OBTAIN A CHAUFFEUR'S
REGISTRATION; PROVIDING FOR DUTIES OF
REGULATORY AND ECONOMIC RESOURCES
DEPARTMENT; PROVIDING FOR RULES OF OPERATION;
PROVIDING THAT TRANSPORTATION NETWORK
ENTITIES MAY DETERMINE RATES AND FARES;
ESTABLISHING INSURANCE REQUIREMENTS AND
VEHICLE STANDARDS; PROVIDING FOR ENFORCEMENT,
SUSPENSION, REVOCATION AND PENALTIES;
AMENDING CHAPTER $CC OF THE CODE TO PROVIDE
FOR PENALTIES; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE,AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY,FLORIDA:
Section 1. Chapter 31, Article V of the Code of Miami-Dade County, Florida, is
hereby amended as follows:
CHAPTER 31. VEHICLES FOR HIRE
Article V. General Requirements
Agenda Item No. 4(B)
Page 2
Sec.31-301. Applicability.
All general requirements contained in this article are applicable to
chauffeur applicants and chauffeurs for nonemergency medical
transportation regulated under Chapter 4, Article III, private school
buses regulated under Chapter 30, Section 371 and 372, taxicabs
regulated under Chapter 31, Article II, Passenger Motor Carriers
regulated under Chapter 31, Article III, and special transportation
service regulated under Chapter 31, Article IV [[ ]]
»�«limousines regulated under Chapter 31, Article VI >>and
transportation network entity for-hire vehicles regulated under
Chapter 31,Article VII«.1
Sec.31-302. Definitions.
For purposes of this article the following definitions shall apply:
(a) >>RER<< [[C&P]] means the Miami-Dade County
[[Gensu.Aer -Services DepaAme ] >>Regulatory and
Economic Resources Department or successor
department.<<
(b) For-hire company means an entity which is registered with
the [[Consumer- LTi ices_Depa men�]]>>Re u� latory and
Economic Resources Depart ment<<,which shall minimally
provide a color scheme, including the trade name, customer
lost and found services and a system for handling customer
complaints satisfactory to the RER. A for-hire company
may among other things also provide communication
services, contract services to chauffeurs and contract
services for for-hire license holders.
(c) For-hire passenger motor vehicle or for-hire vehicle means
any of the.following chauffeur-driven vehicles as defined in
Chapters 4, 30 or 31 of the Code of Miami-Dade County:
(i) Taxicab
(ii) Limousine
'Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or
>>double arrowed<< constitute the amendment proposed. Remaining provisions are now in
effect and remain unchanged.
Agenda Item No. 4(B)
Page 3
(iii) Passenger motor carrier vehicle
(iv) Non-emergency medical transportation vehicle
(v) Private school bus
(vi) Special transportation service vehicle
>> vii Transportation network entity for-hire vehicle<<
which engages in the transportation of passengers and their
accompanying property for compensation over the public
streets of Miami-Dade County which complies with
Section 319.23, Florida Statutes, as may be amended from
time to time, but excluding ambulances, vehicles used
exclusively.for the transportation of decedents and persons
participating in funeral services, vehicles used solely to
provide free transportation services for customers of the
business establislunent owning said vehicles, and rental or
leased vehicles which rental or lease does not include a
chauffeur; provided, however, that no vehicle excluded
under this definition shall be used on a for-hire basis except
as authorized by this chapter.
Sec.31-303. Chauffeur's types.
registration; all
g �
(a) It shall be unlawful for any person to drive any for-hire
vehicle over any street in Miami-Dade County without first
havin g obtained a chauffeur's registration from the
» <<
[[GS pursuant to this section.
(b) Initial application for a chauffeur's registration shall be on
forms provided by the Department and shall be
accompanied by a non-refundable payment of an
application and processing fee. Application for renewal of
chauffeur's registration shall be accompanied by a non-
refundable payment of a renewal fee. Registration
applications whether initial or for a renewal shall contain
all information required by this chapter.
i
Agenda Item No. 4(B)
Page 4
(c) The [[C&P]]»RER« and the Miami-Dade Police
Department shall investigate each applicant and report all
findings. The [[GSD ]»RER<<, or any authorized agent,
shall examine each applicant to determine his or her
knowledge of the English language, Miami-Dade County
geography, traffic regulations and chauffeur responsibilities
as contained in this chapter.
(d) The [[CS-D]]»RER« may issue a chauffeur's
registration, for such periods as prescribed within the
administrative order establishing the fees when it is shown
that the initial or renewal applicant:
(1) Ilolds a current, valid State of Florida driver's
license of the class required for the type of for-hire
vehicle to be operated;
(2) Has taken a one (1) day course in one (1) location,
as directed by [[G8D]]»RER<<,which will ensure
that the applicant is able to speak,read and write the
English language sufficiently to perform the duties
of a chauffeur; and passes the required
[[GSD]]»RER« oral and written . exam
demonstrating'his or her knowledge of the English
language, Miami-Dade County geography, traffic
regulations, defensive driving techniques and
chauffeur responsibilities. Notwithstanding the
foregoing, chauffeurs who have held a chauffeur's
registration issued by Miami-Dade County for
twenty or more years and have not violated a
vehicle or chauffeur standard on two or more
occasions within the preceding five (5) years, shall
be exempt from the requirements of this paragraph
(2). Further, chauffeurs who, as of the effective date
of this ordinance, have held a chauffeur's
registration issued by Miami-Dade County for
twenty or more years shall be exempt from the
requirements of this paragraph (2). The provisions
of this paragraph (2) shall not apply to initial or
Agenda Item No. 4(B)
Page 5
renewal private school bus chauffeur applicants
except as provided in Section 31-306. In addition,
the provisions of this paragraph (2) shall not apply
to initial or renewal fixed route or jitney service
chauffeur applicants except as provided in Section
31-309.
(3) Completes a physical examination within the most
recent twelve-month period(including any drug test
required by the CSD Director pursuant to authority
of subsection 0)) by a licensed physician or
advanced registered nurse practitioner showing the
applicant to be free from any physical or mental
defect and to be of sound health;
(4) Is eighteen(18) years of age or older;
(5) Certifies under oath h that he or she is not a user of
alcohol or drugs whose current use would constitute
a direct threat to property or the safety of others;
(6) Certifies under oath that he or she is free from any
physical or mental defect or disease that would
constitute a direct threat to the property or safety of
others or would impair his or her ability to drive a
for-hire vehicle;
(7) Has attended a National Safety Council Defensive
Driving Course or equivalent; provided, however,
that renewal applicants shall only be required to
take an additional defensive driving course
approved by the [[C-&D]]>>RER<< if, in the most
recent two-year period, said renewal applicant has
been found guilty, or pled guilty or nolo contendere
to two (2) or more moving violations.
(e) No person shall be issued a chauffeur's registration who:
(1) Fails the physical examination or any drug test
required by subsection(d)(3);
Agenda Item No. 4(B)
Page 6
(2) Is an individual who is not duly authorized to work
by the immigration laws or the Attorney General of
the United States;
3 Is a user of alcohol or drugs whose current use
( ) g
would constitute a direct threat to property or the
safety of others;
(4) Falsifies his or her application, is found cheating on
any exam, or has altered any chauffeur registration
such an applicant shall not be eligible to re-apply
for one(1)year;
(5) Has within the last five (5) years pled nolo
contendere, pled guilty, been found guilty or been
convicted of a felony, unless his or her civil or
residency rights have been restored;
(6) Has pled nolo contendere, pled guilty, been found
guilty, or been convicted, regardless of whether
adjudication has been withheld, of any criminal
offense involving moral turpitude relating to sex
crimes, the use of a deadly weapon, homicide,
violent offense against a law enforcement officer
under Section 775.0823, Florida Statutes, or is a
habitual violent felony offender under Section
775.084,Florida Statutes;
(7) Has been convicted of an offense involving moral
turpitude not relating to sex crimes when, in the
discretion of the [[C- ]]>>RER<< Director,
approval of such registration would constitute a
threat to health, welfare or safety of the public or
property and therefore would not be in the public's
interest;
(8) During the last five (5) years prior to application
has had his or her driver's license suspended for or
has pled nolo contendere, pled guilty or been found
Agenda Item No. 4(B)
Page 7
guilty or been convicted (regardless of whether
adjudication has been withheld) of
(i) Driving under the influence of drugs or
intoxicating liquors (D.U.I.);
(ii) Three (3) or more traffic infractions
resultin g in accidents• .
(ii) Fleeing the scene of any accident,or
(iv) Vehicular manslaughter or any death
resulting from driving;
(9) During the last five (5) years prior to application
has accumulated twenty-four (24) points provided,
however, renewal applicants applying for renewal
of a chauffeur's registration on or before five (5)
years from the effective date of this ordinance shall
not be issued a renewal registration, if he or she has
accumulated twenty-four (24) points during the last
three (3)years prior to such application; or
(10) A chauffeur registration shall be denied when a
chauffeur has received in the most recent twelve
(12) month period prior to application two (2) or
more driver's license suspensions of any type on his
or her State of Florida or other state record; or when
the applicant has been determined by the State of
Florida, or other State to be a habitual traffic
offender in accordance with Section 322264,
Florida Statutes, as amended or other applicable
State law.
(11) Has within the last ten (10) years pled nolo
contendere, pled guilty, been found guilty or been
convicted, regardless of whether adjudication has
been withheld, of any offense involving trafficking
in narcotics. After said ten-year period, such a
Agenda Item No. 4(B)
Page 8
person shall only be eligible if and when his or her
civil or residency rights have been restored.
(f) The director of the [[CB]]>>RER<< may issue a
temporary chauffeur's registration valid for six (6) months
only to any applicant, who otherwise qualifies, whose State
of Florida application for restoration of civil or residency
rights is pending. This temporary chauffeur registration
process shall not be available to nor shall such chauffeur's
registration be issued to any person who:
(1) Has pled nolo contendere, pled guilty, been found
guilty or been convicted (regardless of whether
adjudication has been withheld) of:
a. Any criminal offense involving moral
turpitude relating to sex crimes, the use of a
deadly weapon, homicide, trafficking in
narcotics, or a violent offense against a law
enforcement officer under Section 775.0823
Florida Statutes, or is a habitual felony
offender or a habitual violent felony
offender wider d Section 775.084 Florida
Statutes; or
b. Any crime wherein a for-hire vehicle was
employed; or
C. The crime of assault or battery on any
county code enforcement personnel.
(2) Upon approval of a pending application for
restoration of civil or residency rights, the
temporary chauffeur shall have the privilege of
applying for a chauffeur's registration. Upon denial
of a pending application for restoration of civil or
residency rights, the temporary chauffeur
registration shall be automatically revoked. If, at the
expiration of the temporary chauffeur's registration,
the applicant can prove that his same application for
Agenda Item No. 4(B)
Page 9
restoration of civil or residency rights is still
legitimately pending, the [[GSD]]>>RER<<
director may further extend the temporary
chauffeur's registration, upon application and non-
refundable fee payment.
(g) Each chauffeur's registration (other than a temporary
chauffeur's registration) shall expire on the chauffeur's
birthday during the appropriate calendar year following
issuance. Duplicate chauffeur's registrations may be issued
in the same manner as required by Section 31-303. The
request must be sworn to and must state that the original
has been lost or stolen.
(h) Chauffeurs shall have a grace period of up to thirty (30)
days after expiration in which to renew same and maintain
the continuity of the registration, provided, however, the
chauffeur within such thirty-day period shall not drive a
for-hire vehicle without a valid chauffeur registration and
shall also pay a non-refundable penalty surcharge over and
above the chauffeur's registration fee.
(i) Chauffeurs must abide by all rules and regulations
applicable to chauffeurs and shall be subject to
enforcement, violations and penalties contained in this
chapter and Chapter 8CC of this Code. A chauffeur shall
comply with the following regulations:
(1) At all times when operating a for-hire motor
vehicle, a chauffeur shall display in such a vehicle a
valid chauffeur's registration issued by the
[[C-S-D]]>>RER<< for the class of transportation
operated.
(2) No chauffeur shall solicit, as defined by this article,
passengers or drive his or her vehicle back and forth
in front of any place of public assemblage.
(3) No chauffeur shall smoke while transporting
passengers or sleep or permit others to sleep inside
1 �
i
Agenda Item No. 4(B)
Page 10
the motor vehicle while parked at a public or private
stand or stop.
(4) No chauffeur shall refuse or neglect to transport to
any place in the county any orderly person
regardless of race, sex, religion, national origin, age
or physical disability,who is willing and able to pay
the prescribed fare and no chauffeur shall accept
any additional passengers without the consent of the
passengers already within the vehicle unless the
passenger is being transported under a shared ride
or other special service rate.
(5) Chauffeurs at all times shall maintain a neat
appearance. Chauffeurs, other than private school
bus chauffeurs, shall wear a collared shirt, dark
trousers or skirt, and closed shoes.
(6) Chauffeurs shall maintain accurate trip sheets for at
least one (1) year showing at least the following
information: name of chauffeur, vehicle number,
date, origin and destination of each trip, number of
passengers, and fare for each trip. The total miles,
trips and units accumulated during a chauffeur's
shift shall be recorded. All information must be
recorded legibly. Upon request of
[[GSB]]>>RER<<, chauffeurs shall produce, in
person, trip sheets required to be maintained by this
section within one(1)business day of such request.
(7) No chauffeur shall collect fares or compensation for
transportation services other than the established
rates or charges for the type of service being
provided, nor may any driver collect any additional
payment for transporting any baggage which
accompanies the passenger, provided, however,that
this provision shall not apply to gratuities.
(S) The passenger shall be offered a receipt for the fare
collected.
i
Agenda Item No. 4(B)
Page 11
i
(9) Chauffeurs shall not operate any for-hire vehicle
with any lighting devices that are not functioning
properly. Likewise, no vehicle shall be driven
unless the chauffeur shall have satisfied himself or
herself that the brakes, steering mechanism, tires,
horn, windshield wipers, and side and rearview
mirrors are in good working order.
(10) A chauffeur shall not use abusive language or be
discourteous to passengers or enforcement
personnel or solicit gratuities.
(11) No chauffeur shall operate a motor vehicle while his
or her ability or alertness is so impaired or so likely
to become impaired, through fatigue, illness or any
other cause, as to make it unsafe for him or her to
begin or continue to operate the motor vehicle.
However, in a case of grave emergency where the
hazard to occupants of the vehicle or other users of
the highway could be increased by compliance with
this section, the driver may continue to operate the
motor vehicle to the nearest place at which that
hazard is removed.
(12) All chauffeurs shall notify the [[GSD]]»RER«
upon each modification of his or her agreement with
an operator or for-hire company.. All chauffeurs
shall notify the [[Chjj>>RER« of each change
of address within ten(10)days of relocation.
(13) Chauffeurs shall select routes to trip destinations
that are most economical to the passenger unless
otherwise directed by or agreed to by the passenger.
(14) No chauffeur shall attempt to solicit or attempt to
divert the patronage of any passenger, prospective
passenger, or other person on behalf of any hotel,
motel, apartment, restaurant, nightclub, bar or any
other business establishment, or accept or receive
Agenda Item No. 4(B)
Page 12
from any business establishment any payment for
such solicitation or diversion of passengers from or
to any place of business.
(15) It shall be unlawful for any chauffeur to refuse to
stop his or her vehicle for inspection by
[[C-SD]]>>RER<< authorized personnel or any
police officer when such personnel witness a
violation of the Code of Miami-Dade County
pertaining to such' vehicle or when the officer
witnesses a violation of the requirements of law or
the Code of Miami-Dade County pertaining to such
vehicle; or to refuse to permit [[GSB]]>>RER<<
authorized personnel or any police officer to
conduct inspection of the vehicle.
(16) Each chauffeur shall prominently display an off-
duty sign when not waiting employment or actually
transporting paying passengers.
(17) Each chauffeur shall use the air conditioner unless
otherwise requested by the passenger, where the
vehicle standards mandated by.the Code require that
a vehicle be equipped with an air conditioner.
(18) No chauffeur shall display an altered chauffeur's
registration when operating.
(19) No chauffeur shall refuse to sign and accept a
violation notice.
(20) No chauffeur shall operate a vehicle without a
currently valid operating permit and vehicle
inspection displayed.
(21) No chauffeur shall operate a vehicle with a
tampered or altered operating permit decal or
vehicle inspection sticker.
. �iD
Agenda Item No. 4(B)
Page 13
(22) All chauffeurs who are authorized by state law to
carry a firearm and intend to carry said firearm on
their bodies or in their vehicles shall notify the
[[GSD]]>>RER<< in writing on a form provided
by the [[GSD]]>>RER«•
(23) No chauffeur shall refuse or neglect to transport to
any place in the county any orderly person,
including a service animal, who is willing and able
to pay the prescribed fare and no chauffeur shall
accept any additional passengers without the
consent of the passengers already within the vehicle
unless the passenger is being transported under a
shared ride or other special service rate. As used in
Chapter 31 the term "service animal" shall mean
any guide dog, signal dog, or other animal, as
defined in 28 C.F.R. § 36.104, individually trained
to do work or perform tasks for the benefit of an
individual with a disability, including, but not
limited to, guiding individuals with impaired vision,
alerting individuals with impaired hearing to
intruders or sounds, providing minimal protection
or rescue work, pulling a wheelchair, or fetching
dropped items.
(j) The county [[mfr]]»moor<<, within one hundred
eighty (180) days from the date of passage of this
ordinance, shall prepare and submit directly to the
commission a proposed administrative order which
provides for drug and alcohol testing where (i) reasonable
suspicion exists that a chauffeur applicant or registered
chauffeur is abusing alcohol or misusing prescription drugs
or illegal substances, or (ii) a registered chauffeur has been
involved in a serious accident or repetitive accidents as
defined in said administrative order. Such administrative
order may also provide for the conduct of periodic
recurring testing of such chauffeurs. A chauffeur who is
determined to have used or to have been impaired by
alcohol while operating or driving a for-hire motor vehicle
shall have his or her registration revoked for two (2) years.
Agenda Item No. 4(B)
Page 14
A chauffeur who is determined to have used a controlled
substance, except as permitted for medical purposes by law
or regulation, shall have his or her registration revoked for
two(2)years.
(k) Any chauffeur's registration shall be automatically revoked
should the chauffeur plead nolo contenders,plead guilty, or
be convicted of a felony or of any criminal offense
involving moral turpitude or a crime involving the use of
deadly weapons or trafficking in narcotics or should the
State of Florida revoke or suspend the chauffeur's driver's
or operator's license.
(1) Conviction of a cringe. A chauffeur shall be required to
notify the [[GSD]]>>RER<<in writing of a conviction of a
crime within ten (10) business days of said occurrence.
Failure to provide the required notice may result in the
revocation or suspension of the chauffeur's registration.
Section 2. Chapter 31, Article VII of the Code of Miami-Dade County, Florida, is
hereby created as follows:
CHAPTER 31. VEHICLES FOR DIRE
Article VII. LICENSING AND REGULATION GE
TRANSPORTATION NETWORK ENTITY
FOR-HIRE VEHICLES
Section 31-701. Definitions.
For purposes of this article,the following definitions shall apply:
(a) Applicant means an individual, partnership or corporation
which applies for a transportation network entity license,
permit, or chauffeur's registration pursuant to the
provisions of this article. "Applicant" shall also mean an
individual, partnership or corporation which makes
application, where applicable, to renew or transfer a
certificate,permit or chauffeur's registration pursuant to the
provisions of this article. In the case of partnerships and.
i
Agenda Item No. 4(B)
Page 15
corporations, "applicant" shall also mean each individual
with a partnership interest, each shareholder of the
corporation as well as the corporate officers and directors.
(b) Chauffeur means a duly licensed driver registered with and
authorized by the Department of Regulatory and Economic
Resources to operate a for-hire passenger motor vehicle.
(c) Chauffeur registration means a registration card issued by
the Department of Regulatory and Economic Resources.
(d) Commission means the Board of County Commissioner of
Miami-Dade County,Florida.
(e) County means Miami-Dade County, Florida.
(f) County Mayor means the head of county government as
provided in Article 2 of the Home Rule Charter of Miami-
Dade County,Florida.
(f) Department means the Department of Regulatory and
Economic Resources (hereinafter "Department") or
successor department.
(g) Director means the Department of Regulatory and
Economic Resources Director or the Director's designee.
(h) Operating permit means the valid and current vehicle decal
issued to the transportation network entity or for-hire
chauffeur, when applicable, which authorizes a specific,
registered vehicle to operate for-hire and which may expire,
be suspended or revolted.
(i) Transportation Network Entity License means a license
issued by RER to a transportation network entity
authorizing the transportation network entity to allow
transportation network entity chauffeurs to provide
transportation network entity services within the
incorporated and 'unincorporated areas of Miami-Dade
County,Florida.
(j} MDT means the Miami-Dade Transit.
(k) Passenger means a person utilizing a transportation
network entity for-hue vehicle for the purpose of being
transported to a destination, or a person who is awaiting the
I'
Agenda Item No. 4(B)
Page 16
arrival of a transportation network entity vehicle, and does
not include the transportation network entity chauffeur.
(1) Person means any natural person(s), firm, partnership,
association, corporation, or other business entity.
(m) Personnel authorized by the RER means uniformed
enforcement personnel and any other individual authorized
by the director.
(n) Solicit means an appeal by bell, horn, whistle, words or
gestures by a chauffeur or his or her agent directed at
individuals or groups.
o Street means an public street, avenue, road, boulevard,
( } any
lane,highway, sidewalk,public park,viaduct or other
public place accessible to the public, located in Miami-
Dade County and used by motor vehicles.
(p) Street hail means an immediate arrangement made on a
street with a transportation network entity chauffeur by a
person seeking immediate transportation.
(q) Taxicab stand means the county-approved location on a
public right-of.--way for awaiting employment which is
specifically marked with a taxicab stand sign. "Taxicab
stand" also means a location for awaiting. employment
authorized and provided by the owner of private property.
(r) Transportation Network Entity shall mean a natural
person(s), firm, partnership, association, corporation, or
other business entity that uses a digital platform to connect
passengers to transportation network entity chauffeurs for
the purpose of transportation.
(s) Transportation Network Entity For-hire Chauffeur shall
mean an individual who uses the individual's personal
vehicle to provide transportation services through a
transportation network entity.
(t) Transportation Network Company Ser>>ices shall mean the
provision of transportation services by a transportation
network entity chauffeur through a transportation network
entity.
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Agenda Item No. 4(B)
Page 17
(u) Transportation Network Entity For-hire Vehicle or
Transportation Network Entity Vehicle shall mean a vehicle
which transports eight passengers or less, which is not a
limousine or taxicab, that is used by a transportation
network entity and chauffeur to p rovide transportation
services.
f
(v) Trade name or doing business as or (d/b/a) name means
the county-approved name under which the transportation
network entity license holder may provide a transportation
network entity, and which naive shall not duplicate the
name of any other license holder or transportation network
entity.
Sec. 31-702. Transportation Network Entity License.
(a) Prohibition against unauthorized operations. It shall be
unlawful for any transportation network entity to begin
operations, or allow affiliated transportation network entity
chauffeurs to provide transportation network entity
services, as defined in Section 31-701, upon the streets of
Miami-Dade County, Florida without first obtaining a
transportation network entity license and maintaining it
current and valid pursuant to the provisions of this article.
(b) Out-of-County origin exception. Nothing in this article
shall be construed to prohibit:
(1) Discharge within. Miami-Dade County of any
passenger lawfully picked up in another County and
lawfully transported into Miami-Dade County.
(2) Pick up of a paratransit passenger by a provider of
paratransit services that is duly licensed and legally
authorized to provide paratransit services in a
county adjacent to Miami-Dade County provided
that such county has determined that the passenger
is eligible for paratransit services and such
passenger is picked up within the ADA-defined
areas of Miami-Dade County. A paratransit service
provider shall not be required to obtain a Miami-
Dade County transportation network entity license
for such purpose.
(c) Application procedures. Every initial applicant for a
transportation network entity license shall be in writing,
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Agenda Item No. 4(B)
Page 18
signed and sworn to by the applicant, and shall be filed
with the RER together with an investigative and processing
fee which shall be nonreftmdable. If the applicant is a
corporation, the form shall be signed and sworn to by the
president or vice president, and the corporate secretary
shall attest such signature and affix the corporate seal. If
the applicant is a partnership, the form shall be signed and
sworn to by a general partner. The application shall be on a
form provided by the RER and shall contain all information
required thereon, including:
(1) Sufficient information to identify the applicant,
including but not limited to full legal name and
trade name, date of birth, telephone number,
business address and residence address, of the
applicant. If the applicant is a corporation, the
foregoing information shall be provided for each
officer, resident agent and director. If the applicant
is a partnership, the foregoing information shall be
provided for each partner. Post office box address
will not be accepted hereunder.
(2) All applicants shall have a place of business in
Miami-Dade County, Florida. All corporate or
partnership applicants shall be organized or
qualified to do business under the laws of Florida
and shall have a place of business in Miami-Dade
County, Florida. Post office box addresses will not
be accepted.
(3) The class or classes of transportation service which
the applicant desires to furnish.
(4) The trade name under which the applicant intends to
operate.
(5) A record and proof of all present and prior
transportation business activities of the applicant
during the past five(5) years.
(6) A record of all crimes to which the applicant has
pled polo contendere, pled guilty, or of which the
applicant has been found guilty or been convicted,
whether or not adjudication has been withheld
within the five (5) years preceding the date of the
application. The applicant shall have his or her
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Agenda Item No. 4(B)
Page 19
fingerprints and photograph taken by the Miami-
Dade Police Department. In the case of a corporate
or partnership applicant, this information shall be
obtained from all corporate officers and directors or
partners,as the case may be.
(7) Two (2) credit references including at least one (1)
bank where applicant has an active account. In lieu
of the second credit reference, the applicant may
submit alternative written evidence of financial
trustworthiness.
(8) A sworn statement signed by the applicant that all
information provided by the applicant is true and
correct.
(9) Any additional information as the Director shall
require to enforce the provisions of this article
(d) Investigation of Transportation Network Entity License
Applicants. The director shall investigate each application
and accompanying required documents and reject any
application that is not properly filed or that is incomplete or
untrue in whole or in part. The director may approve or
deny the issuance of transportation network entity licenses
as specified in this article on such terns and conditions as
the public interest may require. The director's decision to
reject or to deny may be appealed in accordance with this
article. An applicant shall not be eligible for a
transportation network entity license if he/she/it:
(1) Has misrepresented or concealed a material fact on
his, her or its application;
(2) Is an alien who is not duly authorized to work by
the immigration laws or the Attorney General of the
United States;
(3) Is a user of alcohol or drugs whose current use
would constitute a direct threat to property or the
safety of others;
(4) Has pled nolo contendere, pled guilty, been found
guilty or been convicted of a felony within the last
five (5) years, regardless of whether adjudication
Agenda Item No. 4(B)
Page_20
has been withheld, unless his or her civil or
residency rights have been restored;
(5) Has pled nolo contendere, pled guilty, been found
guilty or been convicted of any crime wherein a
transportation network entity vehicle was employed
whether or not adjudication has been withheld;
(6) Has pled nolo contendere, pled guilty, been found
guilty or been convicted of any felony,regardless of
whether adjudication has been withheld, involving
moral turpitude relating to sex, the use of a deadly
weapon, homicide, violence against a law
enforcement officer under Section 775.0823,
Florida Statutes, or is a habitual violent felony
offender under Section 775.084,Florida Statutes;
(7) Has violated any condition, limitation, or restriction
of an transportation network entity license imposed
by the director or commission where the director
deems the violation to be grounds for denial;
(8) Was enjoined by a court of competent jurisdiction
from engaging in the for-hire business or was
enjoined by a court of competent jurisdiction with
respect to any of the requirements of this chapter;
(9) Has as a stockholder, officer, director, or partner of
a corporation or partnership who committed an act
or omission which would be cause for denying an
transportation network entity license to the officer,
director, stockholder,or partner as an individual;
(10) Failed to comply with the terms of a cease and
desist order, notice to correct a violation or any
other lawful order;
(11) Does not have a place of business located in Miami-
Dade County,Florida;
(12) Has any unsatisfied civil penalty or judgment
pertaining to transportation network entity
operation;
(13) Has had an transportation network entity license
issued by Miami-Dade County revoked;
Agenda Item No. 4(B)
Page 21
(14) Has within the last five (5) years pled noto
contendere, pled guilty, been found guilty or been
convicted of any misdemeanor (regardless of
whether adjudication is withheld) involving moral
turpitude relating to sex; or
(15) Has within the last ten (10) years pled nolo
contendere, pled guilty, been found guilty or been
convicted (regardless of whether adjudication is
withheld) of any offense involving trafficking in
narcotics. After said ten-year period, such a person
shall only be eligible if and when his or her civil or
residency rights have been restored.
(e) Conditions for obtaining a Transportation Network Entity
License. No transportation network entity license shall be
issued unless the applicant:
(1) Has paid an annual license fee;
(2) Has submitted proof of insurance required by this
article;
(3) Has ensured that the transportation network entity
vehicles to be operated under the applicant's
transportation network entity license have passed all
required vehicle inspections. Failure of the
applicant to meet all of the foregoing requirements
within forty-five (45) days after notification of
conditional approval shall cause the license not to
be issued. If the applicant believes he, she or it
cannot meet the foregoing requirements within the
forty-five-day period, the applicant may, prior to
expiration of such forty-five-day period, request in
writing a reasonable extension from the director. If
the request states good cause for an extension, the
director may grant such a reasonable extension as
the director finds is in the public interest.
(f) Vehicles authorized to operate under a Transportation
Network Entity License. There shall be no limit to the
number of vehicles authorized to operate under a
transportation network entity license.
(g) Issuance of Transportation Network Entity License. Each
transportation network entity license shall be on a form
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Agenda Item No. 4(B)
Page 22
developed by RER and shall be signed by the director.
i
Each transportation network entity license shall, at a
minimum, contain the name and the business address of the
license holder,date of issuance, its expiration date and such
additional terms, conditions, provisions and limitations as
were imposed during the approval process.
(h) Expiration of and renewal process for Transportation
Network Entity License. Transportation network entity
licenses may be issued for such periods as specified in the
Implementing Order establishing the fees. Each renewal
shall be submitted no less than thirty (30) days prior to
expiration of the current initial or annual transportation
network entity license together with payment of a license
fee. As part of the renewal process, the original application
shall be updated and verified by the applicant on forms
supplied by RER. The director shall deny any renewal
application that is not timely, is not properly filed, is
incomplete, is untrue in whole or in part, or results in a
determination by the director that the applicant has failed to
satisfy the requirements of subsections 31-702 (c), (d) or
(e).Appeal of the denial of a renewal application shall be in
accordance with this chapter.
(i) Grace period. License holders shall have a grace period of
up to thirty (30) days after expiration of their license in
which to renew same provided,however, that all operations
shall cease on the date of license expiration and the license
holder shall also pay a late fee over and above the annual
license fee. All transportation network entity licenses which
have not been renewed on or before thirty (30) days after
their expiration shall automatically be deemed revoked.
(j) Rules of operation. Transportation network entity license
holders shall abide by all rules and regulations applicable to
transportation network entity license holders and shall be
subject to the enforcement provisions contained in this
chapter and chapter 8CC of the Miarni-Dade County Code.
A transportation network entity license holders and her, his
or its agents shall comply with the following regulations:
(1) Comply with applicable federal law, Florida law,
and ordinances, rules and regulations of the County
applicable to the operation of transportation
network entity vehicles;
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Agenda Item No. 4(B)
Page 23
(2) Inunediately report any change of address;
(3) Maintain all records pertaining to the transportation
network entity services of a vehicle electronically
for one (1) year and make same available for
inspection during the regular business hours of such
entity. When requested by the RER, the entity shall
electronically provide copies of the records;
(4) Not allow any person to operate a transportation
network entity vehicle who has not passed the
requirements set out in this article;
(5) Not allow or permit any person to operate a
transportation network entity vehicle without
current, valid and sufficient insurance coverage as
required in this chapter;
(6) Obtain an operating permit for each for--hire vehicle
operated pursuant to authority of the for-hire license
and pay all application and vehicle inspection fees;
(7) Not permit or authorize any chauffeur or other
person to operate any transportation network entity
vehicle without that vehicle's current valid
operating permit being displayed therein;
(8) Not allow any person to operate a transportation
network entity vehicle who is not a-Miami-Dade
County registered chauffeur in accordance with this
article;
(9) Ensure that all transportation network entity
vehicles to be placed into service and all vehicles
taken out of service have been registered and
inspected by RER;
(10) Not permit or authorize anyone to drive any
transportation network entity vehicle unless the
brakes, steering mechanism, tires, horn, windshield
wipers, side and rearview mirrors and all lighting
devices are in good working order and the vehicle
meets all other applicable vehicle standards as set
forth in this chapter;
(11) Not allow or permit any person to operate a
transportation network entity vehicle while his or
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Agenda Item No. 4(B)
Page 24
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her ability or alertness is so impaired or so likely to
become unpaired through fatigue, illness, or any
other cause, as to make it unsafe for the chauffeur to
begin or continue to drive the for-hire vehicle;
(12) Not refuse or neglect to transport to or from any
place in the county, any orderly person requesting
service;
(13) Every deaf or hard of hearing person, totally or
partially blind person, or physically disabled person
shall have the right to be accompanied by a service
animal specially trained for the purpose without
being required to pay an extra charge for the service
animal;
(14) Every transportation network entity license holder
shall ensure that any transportation network entity
chauffeur operating an accessible vehicle is certified
in the safe and proper methods of securing,
transporting, and dealing with passengers utilizing a
wheelchair. Proof of certification shall be provided
to the RER.
(15) It shall be unlawful for any person to use, drive or
operate an accessible vehicle without training in the
safe and proper methods of securing, transporting,
and dealing with passengers utilizing a wheelchair.
(k) Responsibility for violations of chapter. The holder of a
transportation network entity license shall be held
responsible for any applicable violation of this article
arising from the operation of the transportation network
entity vehicle authorized under the holder's transportation
network company license and shall be subject to the
penalties provided in this chapter for any such violation. In
addition, his, her or its license shall be subject to
suspension or revocation for any such violation. Charges
against or penalties imposed on a transportation network
chauffeur for the same or related violations shall not relieve
the transportation network company license holder of
responsibility under this article.
(1) The fee for a transportation network entity license shall be
determined by an implementing order approved by a
resolution adopted by the County Commission.
Agenda Item No. 4(B)
Page 25
(m) Transfers. No transportation network entity license may be
sold, leased, assigned, mortgaged or otherwise transferred
by a holder of a transportation network entity license.
(n) Each transportation network entity operating pursuant to a
transportation network entity license:
(1) Shall, upon completion of a trip, transmit an
electronic receipt to the passenger's e-mail address
or mobile application documenting the date of the
trip, the origination of the trip, the name of the
transportation network entity chauffeur and a
description of the total amount paid,if any.
(2) Shall maintain a website that provides a customer
service telephone number or e-mail address.
Sec.31-703. Transportation Network Entity Chauffeurs.
It shall be unlawful for any person to drive a transportation
network entity for-hire vehicle over any street in Miami-Dade
County without first having obtained a chauffeur's registration
from RER pursuant to Chapter 31,Article V of this Code.
Sec.31-704. Duties of Regulatory and Economic Resources
Department.
(a) In addition to the duties and responsibilities specified in
this article, the RER shall be charged with the following
duties and responsibilities:
(1) Process, investigate and prepare all reports required
by this article.
(2) Investigate and prepare reports on alleged violations
of this article.
(3) Enforce the provisions of this article.
(4) Attempt to resolve complaints received from any
source concerning the industry.
(5) Issue, deny, suspend and revoke all transportation
network entity licenses pursuant to the provisions of
this chapter, and maintain appropriate files
regarding same.
Agenda Item No. 4(B)
Page 26
(6) Develop and implement, in cooperation with the
industry, service expansion and improvements.
(7) Provide technical assistance to the industry.
(S) Develop a standardized reporting technique for
transportation network entities.
(9) Provide a system to handle complaints of municipal
officials relating to transportation network entity
service within such municipalities and expedite the
solution of same.
(t 0) Perform any other functions assigned by the County
Mayor.
(11) Coordinate cooperative enforcement activities with
municipalities, including implementing procedures
for the disposition of fine revenues collected.
12 and implement changes, or
{ ) Pre are p p
modifications to implementing orders establishing
fees pursuant to this article and provide the industry
with at least ten (10) days notice prior to
consideration of such changes, amendments or
modifications by the Board of County
Commissioners.
(13) Upon court order have closed and sealed unlicensed
service provider establishments in accordance with
this article.
(14) The Director may propose and the County Mayor
may promulgate further rules and regulations to
carry out the provisions of this article, which rules
and regulations, when approved by the Board of
County Commissioners, shall have the force and
effect of the law.
(1 S) The Commission may by implementing order
proposed by the County Mayor approve fees for
transportation network entity vehicles providing
transportation of persons and their baggage to and
from Miami International Airport and from the Port
of Miami.
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Agenda Item No. 4(B)
Page 27
(16) With the exception.of fees established pursuant to
Section 31-704(15), all fees charged or required to
be paid shall be established by implementing order
and approved by the Commission. Such fees shall
be deposited in a separate Miami-Dade County fund
and shall be used exclusively to accomplish the
regulatory purposes of this article.
See.31-705. Rules for operation.
(a) Each transportation network entity shall adopt and require
all transportation network entity chauffeurs to display
consistent trade markings (i.e., distinctive signage or
display on the vehicle) when providing transportation
network entity services that is sufficiently large and color
contrasted as to be readable during daylight hours at a
distance of at least 50 feet.
(b) No transportation network entity vehicle or chauffeur shall
utilize a designated taxicab stand.
(c) A transportation network entity license holder shall not
allow a chauffeur to solicit or pick up passengers other than
by prearrangement through the transportation network
entity.
(d) A transportation network entity license holder shall not
allow a chauffeur to accept street hails. Chauffeurs shall not
accept street Bails.
(e) Transportation network entity vehicles shall not display the
word(s)taxicab, taxi or cab on the exterior or interior of the
vehicle.
(f) Every transportation network entity shall fully comply with
all ordinances, rules and regulations of the County
applicable to the operation of transportation network entity
vehicles.
(g) The computer application used by a transportation network
entity to connect transportation network entity chauffeurs
and passengers must display name of the transportation
network entity chauffeur, and a picture of the transportation
network entity vehicle, including the license plate number
to identify the vehicle.
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Agenda Item No. 4(B)
Page 28
(h) All transportation network entities shall implement a zero
tolerance policy on the use of drugs or alcohol while a
transportation network entity chauffeur provides
transportation network entity services provide notice of the
p Y �p
zero tolerance policy on its website, as well as the
procedures to report a complaint, including a complaint
telephone number, about a transportation network entity
chauffeur with whom the rider was matched and for whom
the rider reasonably suspects was under the influence of
drugs or alcohol during the course of the ride.
(i) Each transportation network entity shall establish a driver-
training program to ensure that each driver safely operates
his or her transportation network entity vehicle prior to the
driver being able to offer service.
(j) Each transportation network entity shall maintain accurate
records of all revenues, all associated expenses, capital
expenditures, and other financial and operating information
as may be required by the RER. The RER shall be granted
access to these records for the purpose of inspection and
copying same upon five (5) days' prior notice. Each
Transportation Network Company shall annually furnish
financial and operating information to the RER on forms
and in the manner prescribed by the RER.
Sec.31-706. Fares and rates.
Transportation network entities may charge fares' or rates for
transportation services based on distance travelled and/or time
elapsed during service, or a flat prearranged fare, or a suggested
donation.
See.31-707. Insurance requirements.
(a) No transportation network entity vehicle shall be permitted
to operate without the transportation network entity or
chauffeur providing passenger services having first
R a certificate of insurance
obtained and filed with th e RE
for each for-hire motor vehicle showing the federal vehicle
identification number, a velucle description and the
transportation network entity license number, and shall list
each chauffeur that operates the vehicle, and the owner of
the vehicle as insureds under a commercial automobile
liability insurance policy with limits of no less than one
hundred thousand dollars ($100,000) per person, and three
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Agenda Item No. 4(B)
Page 29
hundred thousand dollars ($300,000) per occurrence for
bodily injury, and fifty thousand dollars ($50,000) per
occurrence for property damage arising out of or caused by
the operation of a transportation network entity vehicle
(including owned, hired, leased and non-owned vehicles).
Additionally, the certificate of insurance and each policy
shall specify that each policy provides complete 24-hour
vehicle coverage for all operations for all drivers who have
a Miami-Dade County chauffeur's registration, regardless
of where operated or whether engaged in for-hire
operations, and shall state the limits of automobile liability
and property damage coverage. Failure to provide current
certificates of insurance or to maintain appropriate
insurance coverage shall be grounds for revocation of a
transportation network entity license.
(b) Insurance policies required in this section shall be issued by
companies authorized to do business under the laws of the
State of Florida, with the following qualifications: the
company must be rated no less than "A--" as to
management, and no less than "Class VII" as to financial
strength by A.M. Best Company, Oldwick, New Jersey, or
its equivalent subject to the approval of the County Risk
Management Division. Nothing in the insurance policy or
declaration shall permit binders, deductibles, self-insurance
or any provision requiring the insured to reimburse the
insurance company for claims.
(c) Each automobile liability insurance policy shall be
endorsed to provide for thirty (30) days' notice by
registered mail to the RER of any material change,
cancellation, or expiration.No policy will be accepted for a
shorter period than six(6)months.
(d) Unless a transportation network entity or chauffeur
furnishes the RER with satisfactory evidence of the
required insurance coverage prior to the expiration of the
thirty (3 0) days' notice specified in subsection (c) of this
section, or upon a third notice of cancellation within twelve
(12) months, the transportation network entity license shall
be suspended forthwith by the Director and surrendered to
the RER pending a hearing to determine whether said for-
.
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Agenda Item No. 4(B)
Page 30
hire license should be revoked. This automatic suspension
requirement will not pertain to a for-hire motor vehicle
when its insurer withdraws from Florida and cancels its
policies, or when the policy is canceled through no fault of
the operator.
(e) Examination of Insurance Policy. The RER reserves the
right to require submission of a certified copy of or to
examine the original policies of insurance including, but
not limited to, endorsements, amendments, exclusions,
riders, any additional contracts between the insured and the
insurer and applications to confirm the existence of the
required insured coverage.
Sec.31-708. Vehicle Standards.
In addition to the applicable Federal Motor Vehicle Safety
requirements in 49 Code of Federal Regulations, part 571 and
Florida Statutes, the following vehicle standards apply to all
transportation network entity vehicles operated under the
provisions of this article. It is the transportation network entity's
and chauffeur's responsibility to insure that each vehicle meets the
following standards and minimum inspection requirements:
(1) Brakes within allowable parameters as provided by test
equipment readings for stopping effectiveness. There shall
be no leaks in lines, hoses, fittings, or parts; hoses shall not
be cracked or frayed; there shall be no audible air leaks in
air brake system.
(2) License, permit or inspection decals, as applicable, shall be
correctly displayed and be clearly visible from the outside
of the vehicle;
(a) Chauffeur registration, operating permit number,
and any additional information as may be required
shall.be displayed within the vehicle in accordance
with the instructions of the RER.
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Agenda Item No. 4(B)
Page 31
(b) Vehicle signage and markings shall be as required
by this article.
(3) Inside rear-view mirror and a mirror on each side of
vehicle.
(4) A functioning speedometer and odometer indicating speed
in miles per hour and a functioning odometer indicating
distance in miles.
(5) Functioning windows, door handles and latches. The
primary and secondary hood/trunk/rear access door latches
shall be fully operable.
erable.
(6) A functioning interior light within the passenger
compartment. If the light becomes defective, the operator
must correct the defect on the very next day or remove the
vehicle from service at that time.
(7) An operating air-conditioning system that provides cooled
and heated air. If the air-conditioning system becomes
inoperable, the vehicle must be removed from service until
such system is repaired. Maximum output temperature will
be based on a sliding scale chart which takes outside.air
temperature and relative humidity into account. Output
temperature will be taken at center duct with controls set
for maximum cooling.
(8) The vehicle exterior must be free of grime, oil or other
substances and free from cracks, breaks, dents and
damaged paint that detracts from the overall appearance of
the vehicle and that could harm, injure, soil or impair the
passenger or his personal belongings.
(9) Equipped with hubcaps or wheelcovers, on all four (4)
wheels. If not on vehicle, the operator must put them on
ehicle the next da
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Agenda Item No. 4(B)
Page 32
(10) Bumpers/moldings/guards shall be installed/ replaced as
originally manufactured except for moldings on side panel
doors.
(11) The interior of the trunk, or rear portion of for-hire
vehicles, shall be free from dirt, grime, oil, trash, or other
material which could soil items placed therein and free of
protruding metal or other objects that could damage items
placed therein.
(12) The passenger compartment must be clean, free from torn
upholstery or floor coverings, damaged or broken seats, and
protruding sharp edges. All equipment in the interior of the
vehicle shall be safely and adequately secured. There shall
be no holes opening to the passenger compartment from the
underbody.
(13) A horn which shall be audible from a reasonable distance.
(14) The driver's vision must be unobstructed on all four (4)
sides.
(15) Safe tires no recaps shall be used. Maximum allowable
treadwear shall be where tread is level with wear bar, or
2/32" when measured at three random'places in tire tread.
The tires shall be inflated to manufacturer's specifications
and free of cuts, cracks,bulges or exposed belts.
(16) Front-end and rear-end alignment shall be within allowable
parameters as provided by test equipment readings for
alignment.
(17) Wiper blades must be able to clean glass when wet and the
rubber element shall not be torn,ripped, or loose.
(18) All lights shall be operable including 4-way flasher, turn
and signal, clearance, warning, marker, brakes, taillight,
license plate, backup and parking light. All lights must be
of correct color and properly positioned as required by
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Agenda Item No. 4(B)
Page 33
Florida Statutes and regulations. All dome lights must be
operable with lens in place.
(19) Reflectors and lenses shall not be cracked or missing and
must be of correct color and properly positioned.
(20) Headlights, low and high beam, shall be operable, and
within test equipment allowable readings.
(21) Glass shall not be broken or cracked and chips must be
capable of being ground out,leaving a smooth, clear finish.
(22) Doors shall be operable with all weather stripping and
rubber seals.
(23) Vehicle steering and suspension shall be functional.
(24) Seatbelts for all persons transported shall be in place and
functional, unless otherwise exempted by regulation.
(25) Accessible vehicles shall have posted the international
symbol of accessibility for disabled persons in the manner
prescribed by RER and shall be equipped with the
following:
Ramp or lift facility which is operated electrically,
hydraulically or manually with sufficient capacity to safely
and smoothly lift passengers into and out of the vehicle and
is in compliance with the lift and ramp requirements of the
Americans with Disabilities Act.
For each wheelchair passenger transported, four (4) points
of securement of latching or locking to the vehicle and the
wheelchair in which the passenger will ride. The latching or
locking devices shall be designed to minimize any lateral,
longitudinal, or vertical motion of the passenger
conveyance within the vehicle.
For each wheelchair passenger being transported, there
shall be sufficient restraining belts or straps designed to
i
Agenda Item No. 4(B)
Page 34
securely confine the passenger to the wheelchair in which
he or she is transported. The restraining belts or straps shall
be utilized.
(26) Vehicles, other than taxicabs, used to transport passengers
shall not display the word(s) "taxicab," "taxi" or "cab" on
the vehicle exterior or interior and shall not be equipped
with a taximeter.
(27) Advertisement on behalf of third parties may be displayed
on the outside or inside of a for-hire vehicle provided
approval is given by the RER and any display is installed
pursuant to instructions of the RER.
Vehicle age limits and inspection schedules. Transportation
network entity vehicle age limits and fiequency of inspections are
as follows provided, however, that the RER may inspect a for-hire
vehicle at any time. Any vehicle initially placed into service shall
be no greater than five (5) model years of age. Any vehicle over
five (5)model years of age shall not be operated as a transportation
network entity vehicle. Transportation network entity vehicles
shall display an operating permit issued by RER and shall
minimally meet the following inspection schedule:
(1) Transportation network entity vehicles I through 2
model years of age shall be inspected annually;
(2) Transportation network entity vehicles 3 through 5
model years of age shall be inspected semi-
annually;
Sec.31-709. Enforcement of article.
(a) This article shall be enforced by authorized personnel of
the RER, the police forces of the various municipalities in
Miami-Dade County and by the Miami-Dade Police
Department. When specifically authorized by the Director,
this article may be enforced by personnel of the Seaport
and Aviation Department against violations occurring
within their respective boundaries. The RER shall prepare
and distribute to all authorized enforcement personnel an
enforcement manual outlining procedures for the detection,
36
Agenda Item No. 4(B)
Page 35
reporting and issuance of citations or deficiency reports for
violations of this article.
(b) The RER may employ a deficiency or warning system
through which transportation network entities are given
written notice of minor violations and a specified period of
time to correct same. Unless otherwise provided, all other
violations shall be processed under Chapter 8CC of the
Code.
(c) Deficiency reports and citations shall be issued to the party
responsible for the violation as set forth in this article. Any
person issued a deficiency report or a citation shall sign and
accept it.
(d) Whenever a corporation, partnership, or association
violates any of the provisions of this article, such violation
shall be deemed also to be that of the individual officers,
directors, partners, or agents of such corporation who have
personally authorized, personally_ ordered, or personally
done any of the actions constituting in whole or in part such
violation, and any such officer, director, partner, or agent
may be fined in the same manner and to the same extent as
herein provided for an individual.
(e) Notwithstanding the provisions of this section, the Director
may secure enforcement of the provisions of this article by
any legal action necessary, such as application to any court
for injunctive relief or other appropriate relief
Sec.31-710. Suspension and revocation proceedings.
(a) Grounds for suspension or revocation. In addition to the
grounds for automatic suspension or revocation provided
elsewhere in this chapter, transportation network entity
licenses shall be subject to suspension or revocation by the
director as follows:
(1) Upon the director's determination that:
(i) The license holder has pled nolo contendere,
pied guilty, been found guilty or been
convicted (regardless of whether
adjudication has been withheld) of any
criminal offense which would preclude the
I
Agenda Item No. 4(B)
Page 36
issuance of the license,registration or permit
as provided in this chapter;
(ii) The license was obtained by an application
in which any material fact was omitted or
falsely stated;
(iii) The license holder has failed to comply with
or has violated any of the provisions of this
chapter; or
(iv) The public interest will best be served by
revocation or suspension of the license,
registration or permit provided, however,
that good cause be shown;
(v) The transportation network entity license
renewal application does not comply with
the requirements of this chapter,
(vi) Any transportation network entity vehicle
has been operated in violation of this
chapter.
(b) Notice of suspension or revocation action. Except where
this chapter provides for automatic suspension or
revocation, the RER shall provide notice of suspension or
revocation to the violator by certified mail ten (10) days
before the violator must comply with the director's
decision.
(c) Appeals from decisions of director and administrative
hearings.
(1) Right to appeal. Any transportation network entity
license holder shall have the right to appeal
application denials, suspensions and revocations by
the Director. The named party shall elect to either:
(a) Comply with the Director's decision in the
manner indicated on the Notice of Director's
Decision; or
(b) Request an administrative hearing before a
hearing officer to appeal the decision of the
Director.
Agenda Item No. 4(B)
Page 37
(2) Filing the appeal. Appeal by administrative hearing
shall be accomplished by filing within ten(10) days
after the date of the decision complained of a
written notice of appeal to the Clerk of the Courts,
Code Enforcement Section. The notice of appeal
shall set forth concisely the nature of the decision
appealed and the reasons or grounds for appeal.
(3) Failure to appeal. Failure to appeal the decision of
the Director within the prescribed time period shall
constitute a waiver of the person's right to an
administrative hearing before the hearing officer.
Where the Director's decision involves a suspension
or revocation, a waiver of the right to an
administrative hearing shall be treated as an
admission of the violation and the Director's
decision shall be deemed final and enforceable. No
further remedies shall be granted and the decision
shall stand.
(4) Hearing officers. Hearing Officers shall be
appointed by the Clerk of the Courts, Code
Enforcement Section.
(5) Scheduling and conduct of hearing.
(a) Upon receipt of a timely request for an
administrative hearing, the hearing officer
shall set the matter down for hearing on the
next regularly scheduled hearing date or as
soon as possible thereafter or as mandated in
the specified section of the Code.
(b) The hearing officer shall send a notice of
hearing by first class mail to the named
party at his, her or its last known address.
The notice of hearing shall include but not
be limited to the following: place, date and
time of the hearing; right of the named party
to be represented by a lawyer; right of the
named party to present witnesses and
evidence; in the case of a director's decision
involving suspension or revocation, notice
that failure of the named party to attend the
hearing shall be deemed a waiver of the
right to hearing and an admission of the acts
Agenda Item No. 4(B)
Page 38
specified in the notice; and notice that
requests for continuances will not be
considered if not received by the hearing
officer at least ten (10) calendar days prior
to the date set for hearing.
(c) The hearing officers shall call hearings on a
monthly basis or upon the request of the
RER. No hearing shall be set sooner than
fifteen (15) calendar days fi om the date of
notice of the director's decision, unless
otherwise prescribed by this chapter.
(d) A hearing date shall not be postponed or
continued unless a request for continuance,
showing good cause for such continuance, is
received in writing by the hearing officer at
least ten (10) calendar days prior to the date
set for the hearing. No additional
continuances shall be granted without
concurrence of the RER.
(e) All hearings conducted by a hearing officer
shall be open to the public. All testimony
shall be under oath. If the named party has
been properly notified, a hearing may
proceed in the absence of the named party
and the failure to attend a hearing shall be
deemed a waiver of the right to a hearing
and an admission of the acts specified in the
notice.
(f) The proceedings at the hearing shall be
recorded and may be transcribed at the
expense of the party requesting the
transcript.
(g) The Clerk of the Board of County
Commissioners shall provide clerical and
administrative personnel as may be
reasonably required by each hearing officer
for the o er performance of his or her
p p
duties.
i
Agenda Item No. 4(B)
Page 39
(h) Each case before a hearing officer shall be
presented by the director or his or her `
designee.
(i) The hearing need not be conducted in
accordance with the formal rules relating to
evidence and witnesses.
(j) Each party shall have the right: to call and
examine witnesses; to introduce exhibits; to
cross-examine opposing witnesses on any
relevant matter; to impeach any witness
regardless of which party first called him or
her to testify; and to rebut the evidence
against him or her. All relevant evidence
shall be admitted.
(k) The hearing officer shall make findings of
fact based on the evidence of record. In
order to make a finding upholding the
director's decision the hearing officer must
find that a preponderance of the evidence
supports the director's decision and, where
applicable, indicate that the named party
was responsible for the violation of the
relevant section of the Code as charged.
(1) If the director's decision is affirmed the
named party may be held liable for the
reasonable costs of the administrative
hearing.
(m) The fact-finding determination of the
hearing officer shall be limited to whether
the alleged violation occurred or whether
competent, substantial evidence supports the
director's decisions. Based upon this fact-
finding determination, the hearing officer
shall either affirm or reverse the decision of
the director. If the hearing officer affirms the
decision of the director, the named party
shall have fifteen (15) days fi om the date of
the hearing officer's decision to comply with
the.decision of the director. If the hearing
officer reverses the decision of the director
and finds (1) the named party not
I
Agenda Item No. 4(B)
Page 40
responsible for the violation alleged; or (2)
insufficient basis for the denial of
application, a written decision shall be
prepared setting forth the basis for such
determination. If the hearing officer reverses
the decision of the director, the named party
shall not be required to comply with the
decision of the director, absent reversal of
the hearing officer's findings pursuant to this
article. If the decision of the hearing officer
is to affirm, then the following shall be
included in the decision:
(a) Decision of the Director.
(b) Administrative costs of the hearing.
(c) Date for compliance, if applicable.
(n) The hearing officer shall have the power to:
(a) Adopt procedures for the conduct of
hearings;
(b) Subpoena alleged violators and
witnesses for hearings; subpoenas
may be served by the Miami-Dade
County Sheriffs Department or by
the hearing officer's staff;
(c) Subpoena evidence; and
(d) Take testimony under oath.
(6) Appeals.
(a) The named party or the county may appeal a
final order of the hearing officer by filing a
notice of appeal in the Circuit Court in and
for Miami-Dade County, Florida, in
accordance with the procedures and within
the time provided by the Florida Rules of
Appellate Procedure for the review of
administrative action.
Agenda Item No. 4(B)
Page 41
(b) Unless the findings of the hearing officer are
overturned in a proceeding held pursuant to
this article, all findings of the hearing officer
shall be admissible in any further proceeding
to compel compliance with the director's
decision.
(7) Nothing contained in this chapter shall prohibit
Miami-Dade County from enforcing the Code by
any other means authorized by law. The
enforcement procedures outlined herein are
cumulative to all others and shall not be deemed to
be prerequisites to filing suit for the enforcement of
any section of this Code. The words "action" and
"decision" as used herein shall not include the filing
of any action by the director in any court. The
director may reconsider at any time any action or
decision taken by the director and therefore may
modify such an action or decision.
Sec.31-781. Violations; penalties.
(a) In addition to any other penalties provided by law,
including, but not limited to, those provided in this article,
a violation of any applicable provision of this article by a
transportation network entity license holder shall constitute
a civil offense punishable by the applicable civil penalty as
provided in the schedule of civil penalties in Section 8CC-
10 of this Code. Failure of a person to pay a civil penalty
within sixty (60) days of the due date for paying such fine
as specified on the civil violation notice or within sixty(60)
days of the date of the final outcome of any timely filed
appeal of such violation notice, whichever is later, shall
result in automatic suspension of such person's
transportation network entity license. If a person commits
five(5) violations of the same section of this chapter during
any twelve-month period, the transportation network entity
chauffeur shall be automatically suspended. If a person
commits five (5) violations of this chapter during any
twelve-month period, such transportation network entity
chauffeur may be suspended for a period of up to six (6)
months or revoked.
(b) Except for civil violations, the hearings specified in
subsection (c) hereof shall be within the jurisdiction of the
County Court and the Clerk of the Court is hereby
Agenda Item No. 4(B)
Page 42
empowered to dispose of the case and fines assessed
through the normal procedure.
Sec.31-712. Special provisions.
(a) The provisions of this article shall be the exclusive
regulations applicable to the provision of and operation of
transportation network entity services in Miami-Dade
County. Notwithstanding the provisions of any municipal
_ ordinance, resolution or agreement to the contrary, fiom
and after the effective date of this article no municipality
shall authorize, establish, change, alter, amend, or.
otherwise regulate transportation network entity
transportation in Miami-Dade County. Regulations
established by this article shall be uniform throughout
Miami-Dade County both in the incorporated and
unincorporated areas without regard to municipal
boundaries. All municipal ordinances or resolutions to the
contrary are hereby superseded and rescinded.
(b) Any transportation network entity chauffeurs driving on a
transportation network entity platform licensed pursuant to
this article shall be authorized to provide transportation of
persons and their baggage from Miami International
Airport and from the Port of Miami upon compliance with
reasonable and nondiscriminatory terms, conditions and
fees, as established by the County Mayor. The
transportation of persons and baggage from Miami
International Airport or from the Port of'Miami shall
constitute an agreement by the transportation network
entity that it will conform to such tenns, conditions, and
fees.
Section 3. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby
amended to read as follows:
Sec. 8CC-10. Schedule of civil penalties.
Code Section Description of Violation Civil Penalty
>>31-702 a Unauthorized operation $1000.00
Agenda Item No. 4(B)
Page 43
31-702(j)(1) Violation of applicable law $250.00
31-702(j)(2) Failure to report change $100.00
of address
31-702(j)(3) Failure to maintain records $100.00
at principal place of business
of entity responsible for
passenger services
31--702(j)(4) Allowing person to operate $500.00
without a chauffeur registration
31-702(j)(5) Allowing or permitting any $500.00
person to operate a for-hire
vehicle without current,valid
and sufficient insurance coverage
31-702(j)(7) Permitting or authorizing any $500.00
chauffeur or other person to
operate any for-hire vehicle
without that vehicle's current
valid operating_pelmit displayed
31-702(j)(8) Allowing=person to operate $500.00
without a chauffeur registration
31-702(j)(9) Failure to rester and inspect $200.00
all vehicles placed and taken
out of service
31-702(j)(10) Permitting or authoriz* $100.00
operation of a vehicle which
does not meet applicable
vehicle standards
31-702(j)(11) Allowing any person to operate $250.00
a for-hire vehicle whose alertness .
is impaired
31-702(j)(12) Refusal or neglect to transport, $250.00
for f rst violation
31-702(j)(12) Subsequent violations $500.00
7,� !
Agenda Item No. 4(B)
Page 44
31-702(j)(13) Refusal to transport passenger $500.00
and service animal,for first
violation
31-702(y)(13) Refusal to transport passenger $1000.00
and service animal, subsequent
violations
31-702(j)(14) Operating accessible vehicle $250.00
without certification
31-702(j)(I5) Allowing chauffeur to $250.00
operate accessible vehicle
without certification
31-705(b) Failure to comply with $100.00
requirements for designated
public stands
31-705(c) Permitting a chauffeur to $100.00
solicit passengers other than
by prearrangement through the
transportation network entity
31-705(d) Permitting a chauffeur to accept $100.00
street hails
31-705(e_) Permitting a network entity $100.00
vehicle to display the word(s)
taxicab,taxi or cab on the
exterior or interior of the vehicle
31-705 Failure to comply with all $100.00
ordinances,rules and
regulations
31-705(g) Failure to provide chauffeur's $100.00
name, license plate number and
picture of vehicle to passenger
31-705(i) Failure to provide documents $200.00
when requested by the RER
Agenda Item No. 4(B)
Page 45
31-707(a) Failure to comply $500.00
insurance coverage
requirements
31-707 Failing to provide necessary $500.00
insurance coverage or
insurance-related services
31-707(c) Failure to provide RER $200.00
with required notices of
insurance cancellation
31-707(e Failure to provide documents $200.00
when requested by the RER
31-708 Operating a vehicle in $75.00
violation of the vehicle
standards and Sec. 31-711(a)
31-708(2) Operating for-hire vehicle $250.00
without a current, valid
operating_permit or inspection
decal, as applicable displayed
31-708(7) Failure to have an operating $250.00
p g
air-conditionin g system
stem
31-708(25) Failure to have or to maintain $500.00
i
in working order wheelchair
restraining devices
31-708(26) Unauthorized display of $100.00
"taxicab","taxi", or"cab"
and/or use of taximeter<<
Section 4. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid,the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sunset provision, shall become and
be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may
Agenda Item No. 4(B)
Page 46
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the ,Mayor, and if vetoed, shall become effective only upon an
override by this Board.
PASSED AND ADOPTED:
N�
Approved by County Attorney as �
to form and legal sufficiency:
Prepared by:
Gerald K. Sanchez
Prime Sponsor: Commissioner Esteban L. Bovo Jr.
/
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: CITY ATTORNEY RAUL J. AGUILA! � Oar` �-
DATE: July 30, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FEDERAL TRADE COMMISSION TO REVIEW PENDING
LEGISLATION BEFORE THE MIAMI-DADE COUNTY BOARD
OF COUNTY COMMISSIONERS REGARDING THE
REGULATION OF TRANSPORTATION NETWORK ENTITIES
AND TO PROVIDE ITS COMMENTS THEREON WITH REGARD
TO FAIR COMPETITION AND CONSUMER PROTECTION.
Pursuant to Mayor Philip Levine's request, the attached Resolution is submitted for
consideration by the City Commission.
RJA/DT/N K
F:\ATTO\$ALL\Nick\Digital Dispatch\FTC Resolution Memo.docx
Agenda Item C 7 H
Date 7- D-/
IBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411 Fax: 786-394-4127 Email: Cit,/Clerk @miamibeachfl.gov
July 31, 2014
Federal Trade Commission
Edith Ramirez, Chairwoman
600 Pennsylvania Avenue, NW
Washington, DC 20580
Dear Chairwoman Ramirez,
Attached please find copy of Resolution No. 2014-28703:
A Resolution Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, Urging The Federal Trade Commission To Review
Pending Legislation Before The Miami-Dade County Board Of County
Commissioners Regarding The Regulation Of Transportation Network
Entities And To Provide Its Comments Thereon With Regard To Fair
Competition And Consumer Protection.
This Resolution was unanimously passed and adopted by the Mayor and City
Commission of the City of Miami Beach on July 30, 2014.
If you need additional information, please do not hesitate to call.
Respectfully,
fael E. Granado
City Clerk
c: Mayor Philip Levine
F:\CLER\$ALL\KAT\Transmittal Letters\Regulation of Transportation 7-30-14.docx
/\A I A-10 I BE A.0 H
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfI.gov
Office of the City Clerk
Tel: 305-673-7411 Fax: 786-394-4127 Email: CityClerk @miamibeachfl.gov
July 31, 2014
Federal Trade Commission
Julie Brill, Commissioner
600 Pennsylvania Avenue, NW
Washington, DC 20580
Dear Commissioner Brill,
Attached please find copy of Resolution No. 2014-28703:
A Resolution Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, Urging The Federal Trade Commission To Review
Pending Legislation Before The Miami-Dade County Board Of County
Commissioners Regarding The Regulation Of Transportation Network
Entities And To Provide Its Comments Thereon With Regard To Fair
Competition And Consumer Protection.
This Resolution was unanimously passed and adopted by the Mayor and City
Commission of the City f Miami Beach on Jul 30, 2014.
Y Y
If you need additional information, please do not hesitate to call.
Respectfully,
afael E. Granado
City Clerk
c: Mayor Philip Levine
F:\CLERULL\KAT\Transmittal Letters\Regulation of Transportation 7-30-14.docx
NV /A,/VIt I E
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411 Fax: 786-394-4127 Email: CityClerk @miamibeachfl.gov
July 31, 2014
Federal Trade Commission
Maureen K. Ohlhausen, Commissioner
600 Pennsylvania Avenue, NW
Washington, DC 20580
Dear Commissioner Ohlhausen,
Attached please find copy of Resolution No. 2014-28703:
A Resolution Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, Urging The Federal Trade Commission To Review
Pending Legislation Before The Miami-Dade County Board Of County
Commissioners Regarding The Regulation Of Transportation Network
Entities And To Provide Its Comments Thereon With Regard To Fair
Competition And Consumer Protection.
This Resolution was unanimously passed and adopted by the Mayor and City
Commission of the City of Miami Beach on July 30, 2014.
If you need additional information, please do not hesitate to call.
Respectfully,
R fael E. Granado
City Clerk
c: Mayor Philip Levine
F:\CLER\$ALL\KAT\Transmittal Letters\Regulation of Transportation 7-30-14.docx
NA I AM I BEAC H
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411 Fax: 786-394-4127 Email: CityClerk @miamibeachfl.gov
July 31, 2014
Federal Trade Commission
Joshua D. Wright, Commissioner
600 Pennsylvania Avenue, NW
Washington, DC 20580
Dear Commissioner Wright,
Attached please find copy of Resolution No. 2014-28703:
A Resolution Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, Urging The Federal Trade Commission To Review
Pending Legislation Before The Miami-Dade County Board Of County
Commissioners Regarding The Regulation Of Transportation Network
Entities And To Provide Its Comments Thereon With Regard To Fair
Competition And Consumer Protection.
This Resolution was unanimously passed and adopted by the Mayor and City
Commission of the City of Miami Beach on July 30, 2014.
If you need additional information, please do not hesitate to call.
RespectfullqGr'
R fael do
Cit y Clerk
c: Mayor Philip Levine
FACLERULLWAT\Transmittal Letters\Regulation of Transportation 7-30-14.docx
MIANAIBEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-741.1 Fax: 786-394-4127 Email: CityClerk @miamibeachfl.gov
July 31, 2014
Federal Trade Commission
Terrell McSweeny, Commissioner
600 Pennsylvania Avenue, NW
Washington, DC 20580
Dear Commissioner McSweeny,
Attached please find copy of Resolution No. 2014-28703:
A Resolution Of The Mayor And City Commission Of The City Of Miami
Beach,a Florida, Urging The Federal Trade Commission To Review
Pending Legislation Before The Miami-Dade County Board Of County
Commissioners Regarding The Regulation Of Transportation Network
Entities And To Provide Its Comments Thereon With Regard To Fair
Competition And Consumer Protection.
This Resolution was unanimously passed and adopted by the Mayor and City
Commission of the City of Miami Beach on July 30, 2014.
If you need additional information, please do not hesitate to call.
Respectfully,
Ra el E. Gr nado
City Clerk
c: Mayor Philip Levine
FACLER\$ALL\KAT\Transmittal Letters\Regulation of Transportation 7-30-14.docx