Interlocal Agreement with Miami-Dade County 2017 01016 -0296 S7
INTERLOCAL AGREEMENT
This Interlocal Agreement is entered into this 3 day of 201?
by and between Miami-Dade County, a political subdivision of the State of Florida
(hereinafter referred to as the "County"), and City of Miami Beach, a municipality
within Miami-Dade County, Florida (hereinafter referred to as the "City");
WITNESSETH
WHEREAS, by Ordinance Number 94-38, Miami-Dade County extended to all
municipalities within Miami-Dade County recourse to the civil violation enforcement
process contained within Section 8CC of the Code of Miami-Dade County, Florida; and
WHEREAS, that ordinance requires as a condition precedent to allowing such
access that the City and the County enter into a mutually satisfactory interlocal
agreement outlining, among other things, their relative rights and responsibilities in
connection with such enforcement and related hearing process; and
WHEREAS, the City and the County wish to participate in this process subject to
the terms and conditions of this Interlocal Agreement more particularly set forth below;
NOW THEREFORE the parties hereto agree as follows:
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I. CITY AND COUNTY RESPONSIBILITIES
1. The City shall enforce the applicable provisions of the Code of Miami-Dade
County set forth in Exhibit A by operation of this Interlocal Agreement.
2. Attached hereto as Exhibit B is a true and correct list of all individuals authorized
to perform the enforcement functions contemplated by this Agreement (hereinafter
referred to as the "Police Officer"). The title and job description for each such individual
is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit B
current at all times by communicating to the County any and all updates, additions and
subtractions from each list. The City represents and warrants to the County that the
individuals described in Exhibit B are, where required, properly licensed and qualified to
perform the enforcement services contemplated hereunder, and that they are to perform
these services.
The County reserves the right to set minimum education, training, and
background check requirements to be met by Police Officer.
3. The City, through its Police Officers, shall be authorized and required to perform
within the City any and all functions of the Police Officer set forth in Section 8CC of the
Code of Miami-Dade County, a copy of which is attached hereto as Exhibit C and
incorporated herein by this reference, as the same may be amended from time to time,
including but not limited to issuing civil violation notices, serving, posting and otherwise
notifying the alleged violator, and appearing and testifying at any and all administrative
and other hearings related to an appeal of the violation.
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4. The City shall maintain any and all records of violation and notice, and all
required documentation required to uphold the findings of the Police Officer, including
but not limited to reports, photographs, and other substantial competent evidence to be
utilized at any administrative or other hearing challenging the actions of the Police
Officers. Such records and other documentation shall be compiled and maintained so
that such records may be quickly referred to in connection with any such hearing.
5. The City shall provide such clerical and administrative personnel as may be
required for the performance of any of the functions of the City as set forth in this
Interlocal Agreement.
6. The City shall defend its own citations in any and all administrative hearings
relating to those citations, and in any and all actions in court relating to such citations,
including all appeals of administrative hearings, and shall provide its own counsel, at
City's cost, to represent the City in all proceedings. The City shall be responsible for
paying for any and all costs of transcription which it incurs, in connection with any and
all such hearings.
7. The County shall provide hearing officers, hearing rooms, and such other clerical
and administrative personnel as may be reasonably required by each hearing officer for
the proper performance of his or her duties.
8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade
County (the "Order"). The City agrees to be bound to the full extent as required of a
Department in the Order, except it shall only be authorized to enforce those provisions
of the Code set forth in Section 1 of this Interlocal Agreement. The reference to the
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County Attorney contained in Section 6 of the Department's Responsibilities shall be
understood to refer to the City Attorney for purposes of this Interlocal Agreement.
9. After deduction of actual administrative costs and expenses, as defined in the
Order, the County Clerk, with the concurrence of the Miami-Dade County Office of
Management and Budget, shall annually return to the City, the remainders of retained
original fines, in the same fashion as these fines are returned to a non-general fund
issuing department of the County.
10. The County shall be entitled to audit any and all records of the City maintained in
connection with this Interlocal Agreement.
11. Either party may terminate this Agreement in the event that the other party
commits a material breach.
12. This Interlocal Agreement shall be in effect for a period of one year following its
date of execution and shall be automatically renewed for two successive periods of one
year each, unless 60 days prior to its term, or extended term, either party signifies to the
other its intent not to renew this agreement. This agreement shall not be extended
beyond the term of three years.
13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the
City shall indemnify and save the County harmless from and against any and all liability,
actions and causes of action relating to the municipality's enforcement of the provisions
of Chapter 8CC.
14. This agreement may only be amended in writing, through a document executed
by duly authorized representatives of the signatories to this agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their names by their duly authorized officers and the corporate seals the
day and year first above written.
APPROVED AS TO FORM MIAMI-DADE COUNTY, a
AND LEGAL SUFFICIENCY political subdivi ion of the
/ State of Fl.
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'' -�ar os A. ' g enez
Assistant County Attorney
County M.17
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ATTEST: /1°..... .. 6®'•. --- : k lerk
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O ••'ccoR��P. G;' As Deputy Clerk
City of iami Belch, a political
subdivi.ion of t il. State of Florida
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By: -401111101111
my orales
City anager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY: ATTEST:
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Raul J. Aguila
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Attorney r...%.-%itV kil.. ./5.Oji
City Atty ��: �) S
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� INCORP CRATED
5
Exhibit A
Chapter 4, Pertaining to Ambulances and Non-
Emergency Vehicles.
Chapter 31, Article I though VII, Pertaining to
Taxicabs, Limousines, Passenger Motor Carriers,
Chauffeurs, Special Transportation Service, and
Transportation Network Entities.
Section 30-371 to 372 pertaining to Private School
Buses.
These provisions are available at:
www.municode.com
Copies to be provided with final document.
ARTICLE I.-IN GENERAL
Secs.31-1-31-67.-Reserved.
Editor's note—Ord.No. 62-4, enacted Feb. 6, 1962,repealed §§ 31-1-31-67 of the Code.
Previously these sections,providing for the licensing and regulation of vehicles for hire
operating in the unincorporated areas of Miami-Dade County,were derived from Ord.No. 58-
35,as amended. The Supreme Court of Florida,in Miami-Dade County v. Mercury Radio
Service, et al.,Fla_ 1961, 134 So. 2d 791, declared said ordinance unconstitutional.
Sec.31-68.-Hotels,motels,etc.—Driver soliciting patronage of passengers for.
It shall be unlawful for the driver or operator of any taxicab or other passenger vehicle for hire, while
engaged in such occupation within the incorporated or unincorporated areas of Miami-Dade County, to
solicit the patronage of any passenger,prospective passenger,or other person in behalf of any hotel, motel,
apartment house, restaurant, night club, bar, or other business establishment.
(Ord.No. 61-39, § 1, 9-19-61)
Sec.31-69.-Same—Driver diverting patronage to.
It shall be unlawful for the driver or operator of any taxicab or other passenger vehicle for hire,while
engaged in such occupation within the incorporated or unincorporated areas of Miami-Dade County, to
divert or attempt to divert a prospective patron from any hotel, motel, apartment house, restaurant, night
club, bar, or other business establishment.
•
(Ord.No. 61-39, § 2, 9-19-61)
Sec.31-70.-Same—Paying for patronage secured.
It shall be unlawful for the owner, manager or operator of any hotel, motel, apartment house,
restaurant, night club, bar, or other business establishment, of any of the agents, servants or employees
thereof, or any other person connected therewith, to pay or offer to pay to the driver or operator of any
taxicab or other passenger vehicle for hire any money, compensation, reward, gratuity, or other thing of
value,directly or indirectly,for soliciting any passenger, prospective passenger or other person to patronize
the place of business of such person, or for diverting or attempting to divert any prospective patron, guest
or customer from any other business establishment to that of such person.
(Ord.No. 61-39, § 3, 9-19-61)
Sec.31-71.-Same—Accepting pay for patronage secured.
It shall be unlawful for the driver or operator of any taxicab or other passenger vehicle for hire to
receive, accept or agree to receive or accept, or solicit, from the owner, manager or operator of any hotel,
motel, apartment house, restaurant, night club, bar, or other business establishment, or any of the agents,
servants or employees thereof, or any other person connected therewith, directly or indirectly, any money,
compensation, reward, gratuity, or other thing of value, for soliciting patrons, guests or customers for the
place of business of such person, or for diverting or attempting to divert any prospective patron, guest or
customer from another place of business to the place of business of such person.
(Ord.No. 61-39, § 4, 9-19-61)
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Sec.31-72.-Notice to passengers to be displayed.
It shall be unlawful for any person to operate any taxicab or other passenger vehicle for the public
transportation of passengers in the incorporated or unincorporated areas of Miami-Dade County without
permanently displaying therein, in such position that it may be easily read by all passengers, a legibly
printed notice in form and substance as follows: "It is unlawful for the driver of this vehicle to recommend
or solicit patronage for any place of business."
(Ord.No. 61-39, § 5, 9-19-61)
Sec.31-73.-Hospitals,convalescent homes, mortuaries included in above restrictions.
It shall be unlawful for any person to pay, offer to pay, receive, accept, take, or solicit the payment of
any money, compensation, gratuity or other thing of value (commonly known as "turkey money"), for the
purpose of inducing, seeking to induce, soliciting, or causing any person to patronize, use, or to be taken
to any hospital, convalescent home, mortuary, or place of business, or for the purpose of diverting or
attempting to divert any person from the hospital, convalescent home, mortuary, or place of business of his
choice to another such establishment or place of business.
(Ord.No. 61-39, § 6, 9-19-61)
Sec.31-74.-Penalties for violating Sections 31-68-31-76.
(a) A violation of this article shall constitute a civil offense punishable by the applicable civil penalty as
provided in the schedule of penalties in Section 8CC-10 of the Code. Failure of a person providing
passenger for hire service 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 passenger for-hire authority and all for-hire operations shall cease until such fine is
paid in full.
(b) Any person who is found guilty on at least two(2)prior occasions within a three-year period of violating
a provision of this article shall for the third such violation be punishable by fines of greater than five
thousand dollars($5,000.00) but less than ten thousand dollars($10,000.00)and/or imprisonment not
to exceed forty-five (45) days. Findings of guilt under the provisions of Chapter 8CC-10 of the Code
for violations of this article shall be counted for the purposes of establishing the prior record for this
subsection.
(c) Notwithstanding the provisions of this article,the Consumer Services Department 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.
(d) For purposes of this article, the term "passenger vehicle for hire"shall mean any vehicle regulated by
Chapter 4, article III, or Chapter 31 of the Code and the terms "driver' or"operator" of a passenger
vehicle for hire shall mean any driver or operator regulated by Chapter 4, article III or Chapter 31 of
the Code.
(Ord.No. 88-118, § 2, 12-6-88; Ord.No. 99-08, § 1, 1-21-99)
Sec.31-75. -Applicability of Sections 31-68-31-75.
The provisions of Sections 31-68 through 31-76 shall be applicable to and effective in both the
incorporated and unincorporated areas of Miami-Dade County, Florida. This article shall be enforced by
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authorized personnel of the Consumer Services Department, the police forces of the various municipalities
in Miami-Dade County and by the Miami-Dade Police Department.
(Ord.No. 61-39, § 8, 9-19-61;Ord.No. 99-08, § 1, 1-21-99)
Sec.31-76.-Prohibition against compensation for right to pick-up passengers.
(a) It shall be unlawful for any passenger service company, for-hire license holder, chauffeur or operator
of any passenger vehicle for hire or any other person directly or indirectly to provide compensation in
any form to any individual or entity or engage in any activity in connection with the payment of
compensation for the right to pick up passengers or provide for-hire passenger service from any hotel,
motel,apartment, restaurant,nightclub, bar,school, hospital,convalescent home, medical clinic or any
other business establishment,or public facility.The license,registration or certificate of any passenger
service company, for-hire license holder, chauffeur or operator of any passenger vehicle for hire
violating this provision shall be subject to suspension up to twelve (12) months for the first violation
and shall be subject to revocation for repeat violations in accordance with the provisions of the Code.
(b) It shall be a violation of this article for any individual or entity to accept compensation in any form,
either directly or indirectly, from any passenger service company, for-hire license holder, chauffeur or
operator of any passenger vehicle for hire or any other person for the right to pick up passengers or
provide for-hire passenger service from any hotel, motel, apartment, restaurant, nightclub, bar,school,
hospital, convalescent home, medical clinic or any other business establishment or public facility.
(Ord.No. 99-08, § 1, 1-21-99;Ord.No. 07-149, § 1, 10-2-07)
Sec.31-77.-Prohibition on operation of vehicles transporting passengers for compensation without
authorization.
(1) No person or entity may use, cause or permit any other person to use, drive or operate a vehicle to
transport passengers for compensation, including a for-hire vehicle or a transportation network entity
vehicle,on the public streets and roadways of Miami-Dade County without first having a license issued
pursuant to Chapter 31 of the Code of Miami-Dade County. As used in this section, for-hire means
any vehicle driven by a person which engages in the transportation of persons and their accompanying
property for compensation over the public streets.
(2) No driver may operate a vehicle to transport passengers for compensation, including a for-hire vehicle
or a transportation network vehicle, on the public streets and roadways of Miami-Dade County without
first having a valid chauffeur's registration or other applicable registration or credential as provided for
in Chapter 31 of the Code of Miami-Dade County.
(Ord.No. 16-42, § 2, 5-3-16)
Secs.31-78-31-80.-Reserved.
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ARTICLE IL-LICENSING AND REGULATION OF FOR-HIRE MOTOR VEHICLES
Sec. 31-81.-Definitions.
For the purposes of this article, the following definitions shall apply:
(a) The ADA-defined area of Miami-Dade County means the complementary paratransit service area as
required by the ADA or any federal regulations established pursuant to the ADA. The service area
includes an area with a width of three-fourths(%)of a mile on each side of Miami-Dade County's fixed
bus routes and an area consisting of a circle with a radius of three-fourths (s ) of a mile around each
Metrorail station.
(b) The Americans with Disabilities Act of 1990 or the ADA means the civil rights acts signed into law on
July 26, 1990 as Public Law 101-336, 104 Stat. 327, as the same may be amended from time to time.
(c) Applicant means an individual, partnership or corporation which applies for a for-hire license, permit,
chauffeur's registration, or a,passenger service company registration pursuant to the provisions'of this
article. "Applicant" shall also mean an individual, partnership, corporation or limited liability company
which makes application, where applicable, to renew or transfer a for-hire license, permit, chauffeur's
registration or a passenger service company registration pursuant to the provisions of this article. In
the case of partnerships and corporations, "applicant' shall also mean each individual with a
partnership interest, each shareholder of a privately held corporation as well as the corporate officers
and directors.
(d) Chauffeur means a duly licensed driver registered with and authorized by the RER to operate a for-
hire passenger motor vehicle.
(e) Reserved.
(f) Chauffeur registration means a registration card issued by the RER.
(g) Color scheme and markings mean a County-approved decorative vehicle exterior design to be utilized
on each vehicle.
(h) Commission means the Board of County Commissioners of Miami-Dade County, Florida.
(i) County means Miami-Dade County, Florida.
(j) Mayor means the head of the administrative branch of county government as provided in Article 2 of
the Home Rule Charter of Miami-Dade County.
(k) Department or RER means the Miami-Dade County Department of Regulatory and Economic
Resources, its predecessor department or successor department responsible for regulating Chapter
31 of the Code.
(I) Director means the RER director or the director's designee.
(m) Dispatch means connecting a passenger to a duly licensed taxicab, including a chauffeur with a Miami-
Dade County chauffeur's registration, via advanced reservation through a two-way radio, cellular
telephone, computer, mobile phone application, text, e-mail, web-based reservation or other similar
software-based technologies that may be developed in the future.
(n) E-Request means a pre-arranged request for service through a software program or application
approved by RER residing on a smartphone or other electronic device which performs one or more of
the following functions: allows a passenger to identify the location(s) of available taxicabs in a given
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area and allows a taxicab to identify the location of a passenger who is currently ready to travel;allows
a passenger to request a taxicab via the electronic device; allows a taxicab to receive a request from
a passenger if the application provides for connecting a passenger to a taxicab; and allows a
passenger to pay for taxicab fares through the application.
(o) Fares or rates means the charges, rates, surcharges, fees, convenience fees, fares or any other
compensation established pursuant to this article to be paid by passengers for or related to the
transportation services provided by a for-hire passenger motor vehicle. Fares or rates include any
charge, rate, surcharge, convenience fee, fare or other compensation for the use of a credit or debit
card approved by the County Commission when permissible by State law.
(p) For compensation or compensation means for money, property, service or anything of value, including
but not limited to tips, donations and commissions paid for transportation services and received from
any person or entity including, but not limited,to the passenger.
(q) For-hire means driving, operating, or managing a for-hire passenger motor vehicle, and includes all
non-revenue producing operations of the passenger motor vehicle.
(r) For-hire license means an annual, renewable license issued pursuant to this Article which authorizes
the provision of for-hire transportation services and which may expire, be suspended or revoked.
(s) Passenger service company means a Florida corporation or partnership created for the purpose of
providing passenger services for for-hire taxi operations and providing various services to for-hire
license holder(s)and chauffeurs.
(t) Passenger service company registration means an annual, renewable registration issued pursuant to
this article which grants authority to provide passenger services for for-hire operations and which may
expire, be suspended or revoked.
(u) For-hire passenger motor vehicle or for-hire motor vehicle means any motor vehicle which is driven by
another person and engages in the transportation of persons and their accompanying property for
compensation over the public streets, but excluding ambulances and nonemergency medical
transportation of decedents and persons participating in funeral services, vehicles used solely to
provide free transportation services for customers of the business establishment owning said vehicles,
vehicles used solely to provide special transportation services for Miami-Dade Transit pursuant to a
contract with Miami-Dade County, and rental or leased vehicles which rental or lease does not include
a chauffeur, provided, however, that no vehicles excluded under this definition shall be used on a for-
hire basis except as authorized by this article. Vehicles used to provide Miami-Dade Transit special
transportation services pursuant to a contract with Miami-Dade County are subject to the regulations
contained in Article IV of this chapter.
(v) Good cause shall mean delay caused by circumstances beyond the control of the applicant.
(w) In service means a for-hire vehicle which is displaying a valid, current operating permit or decal, as
applicable, issued by the RER.
(x) Reserved.
(y) MDT means the Miami-Dade Transit Department or successor department.
(z) Medallion means a plate or decal issued by the County as the physical evidence of a taxicab license
which is affixed to the outside or inside of such taxicab.
(aa) Medallion system means the system which deems a taxicab for-hire license to be intangible property.
(bb) Off Duty means the periodic, temporary cessation of daily for-hire service indicated by a sign placed
and visible on the vehicle's front windshield and which shall not be construed to alter the"in service"
status of the for-hire vehicle. No for-hire vehicle in operation or awaiting passengers shall display an
off-duty sign.
(cc) Operate means to provide transportation services for compensation regulated by this article utilizing a
for-hire passenger motor vehicle.
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(dd) Operating permit means the valid and current vehicle decal issued to the license holder or passenger
and which may expire, be suspended or revoked.
(ee) Operator means any person who has been issued a for-hire license and her, his or its agent, where
applicable, which shall be a passenger service company.
(ff) Out of Service means the removal of a for-hire vehicle from operation by removal of a valid, current
operating permit and filing with the RER a RER form removing the vehicle from service.
(gg) Paratransit services means any transportation service provided for compensation to passengers with
disabilities by motor carriers between specific origins and destinations selected by the individual user
at a certain time that is agreed upon by the user and the service provider.
(hh) Passenger means a person utilizing a for-hire vehicle for the purpose of being transported to a
destination, or a person who is awaiting the arrival of a dispatched for-hire vehicle, and does not
include the chauffeur.
(ii) Person means any natural person(s), firm, partnership, association, corporation, or other business
entity.
(jj) Personnel authorized by the RER means uniformed enforcement personnel and any other individual
authorized by the Director.
(kk) Place of business means the specific Miami-Dade, Broward or Palm Beach County address where
management of for-hire operations is provided and which is zoned for the appropriate business usage
and matches the address on a current valid occupational license.
(II) Rate card means a card, issued by the RER which displays approved for-hire rates and fares and such
other data as the RER may prescribe.
(mm) Solicit means an appeal by bell, horn, whistle,words or gestures by a chauffeur or his or her agent
directed at individuals or groups.
(nn) Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park,
viaduct or other public place accessible to the public, located in Miami-Dade County and used by motor
vehicles.
(oo) Street hail means an immediate arrangement made on a street with a taxi chauffeur by a person
seeking immediate transportation by taxi.
(pp) Reserved.
(qq) Taxicab means an eight (8) passenger or less, exclusive of chauffeur, for-hire passenger motor
vehicle, which is not a limousine, nonemergency vehicle, contracted special transportation service
vehicle, ambulance or any other vehicle regulated by Chapter 4 or Chapter 31 with at least three (3)
doors, which provides either street hail, E-Request or any other on-demand or prearranged for-hire
service for compensation.
(rr) 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.
(ss) Taximeter means any approved mechanical or electronic internally mounted device approved by the
RER and meeting all certifications, tolerances and other technical requirements for taximeters
specified in the most recent edition of the National Bureau of Standards Handbook H.44 published by
the U.S. Department of Commerce which automatically records and indicates a charge or fare
measured by distance traveled, waiting time, or other traditionally compensable activities or times of
taxicab service.
(tt) Trade name or doing business as or(d/b/a) name means the county-approved name under which the
for-hire license holder and the passenger service company may provide for-hire passenger motor
vehicle transportation services, and which name shall not duplicate the name of any other license
holder or passenger service company.
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(uu) Two-way dispatch system means a communication system utilizing a two-way radio, cellular
telephone,computer, mobile phone application, text, e-mail,web-based reservation or other software-
based technologies by which a dispatcher may communicate with the chauffeurs of all taxicabs during
all hours of vehicle operation.
(w) Waiting employment or awaiting employment means that the vehicle and chauffeur are available and
are in proper condition, location, attendance so as to be hired for service.
(ww)Paratransit passenger means an individual receiving paratransit services who has a physical or mental
impairment as defined by the ADA that substantially limits one(1)or more of the major life activities of
such individual, has a record of such impairment or has been regarded as having such an impairment.
(xx) Accessible vehicle means a vehicle that has been significantly modified and specially equipped with
the installation of lifts or other equipment necessary for the transport of disabled persons who use
wheelchairs or wheelchair conveyances.
(yy) Wheelchair means those wheeled devices, usable indoors, designed for and used by persons with
mobility impairments which do not exceed 30 inches in width and 48 inches in length, measured 2
inches above the ground, and do not weigh more than 600 pounds when occupied.
(zz) Violation means: (i) having been found guilty of a citation issued pursuant to Chapter 31 or 8CC of the
Code by an administrative hearing officer or judicial officer, or (ii) failing to pay or appeal a citation
issued pursuant to Chapter 31 or 8CC of the Code within the established time; or(iii) paying the fine
for a citation issued pursuant to Chapter 31 or 8CC of the Code.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 82-11, § 2, 2-18-82; Ord.No. 87-12, §§ 1,2, 3-17-87;
Ord.No. 88-124, § 1, 12-20-88; Ord.No. 91-130, § 1, 11-5-91; Ord.No. 95-221, § 2, 12-5-95;
Ord.No. 98-105, § 1, 7-9-98; Ord.No. 00-139, § 1, 11-14-00; Ord.No. 03-45, § 1, 3-11-03; Ord.
No. 14-10, § 1, 1-29-14; Ord.No. 16-43, § 1, 5-3-16)
Sec.31-82.-For-hire licenses.
(a) Prohibition against unauthorized operations. It shall be unlawful for any person to use,drive or operate,
or to advertise in any newspaper, airwave transmission, telephone directory or other medium
accessible to the public that it offers for-hire services, or to cause or permit any other person to use,
drive or operate any for-hire motor vehicle upon the streets of Miami-Dade County without first
obtaining a Miami-Dade County for-hire 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 area of Miami-Dade County. A
paratransit service provider shall not be required to obtain a Miami-Dade County Certificate of
public convenience and necessity for such purpose, nor shall a chauffeur of such paratransit
vehicle be required to obtain a Miami-Dade County for-hire chauffeur's registration.
(c) Application procedures. Every initial application for a for-hire license, renewal application,amendment
to a for-hire license or transfer of a for-hire license, shall be in writing, signed and sworn to by the
applicant,and shall be filed with the RER together with an investigative and processing fee which shall
be nonrefundable. 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:
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(1) Sufficient information to identify the applicant, including but not limited to full legal name and trade
If the applicant is acorporation, the foregoing information shall be provided for each officer,
resident agent, director, and stockholder. If the applicant is a partnership, the foregoing
information shall be provided for each partner.As part of such application,the applicant shall also
disclose the foregoing information for any person who has any interest(legal,equitable, beneficial
or otherwise) in the license. Post office box addresses will not be accepted hereunder.
(a) Reserved.
(b) Business location requirements for taxicab for-hire licensees.All applicants who are applying
for a taxicab for-hire license after the effective date of this ordinance or have been issued a
taxicab for-hire license after the effective date of this ordinance shall have a place of
business in Miami-Dade, Broward or Palm Beach County, Florida. All corporate or
partnership applicants shall be organized or qualified to do business under the laws of
Florida. Post office box addresses will not be accepted.
(2) The class or classes of transportation service which the applicant desires to furnish.
(3) A brief description of the kind(s)and type(s)of vehicles, seating capacity, seating arrangements,
gross weight, mileage and number of vehicles proposed to be used.
(4) Reserved.
(5) The trade name under which the applicant intends to operate and a description,where applicable,
of a distinctive uniform and decorative color scheme including placement of numbers and other
markings.
(6) A record and proof of all present and prior transportation business activities of the applicant during
the past five(5)years.
(7) A record of all crimes to which the applicant has pled nolo 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. 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. In the case of corporations, the above information shall be
obtained from stockholders who own, hold or control five(5) percent or more of the corporation's
issued and outstanding stock.
(8) Reserved.
(9) A description of the vehicle and driver certification program,as described elsewhere in this article,
if applicable.
(10) Reserved.
(11) A sworn statement signed by the applicant that all the information provided by the applicant is
true and correct
(12) Reserved.
(13) The name of the passenger service company who shall act as the for-hire license holder's agent,
where applicable.
(d) Investigation of for-hire 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 for-hire
licenses as specified in this chapter on such terms and conditions as the public interest may require.
The Director's decision to reject or to deny may be appealed in accordance with this chapter.
An applicant shall not be eligible for a for-hire 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;
Page 8
(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 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 for-hire 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 a for-hire 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 in Miami-Dade County 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 committed an act
or omission which would be cause for denying a for-hire 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 of the Director,
(11) Does not have a place of business located in Miami-Dade, Broward or Palm Beach County,
Florida;
(12) Has any unsatisfied civil penalty or judgment pertaining to for-hire operation;
(13) Has had a for-hire license issued by Miami-Dade County revoked;
(14) Has within the last five (5) years pled nolo 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.
Where the provisions of this article limit the total number of for-hire licenses to be issued for a specific
category of for-hire transportation,the Director shall not issue licenses in excess of such limit Any for-hire
licenses requiring approval by the commission shall be submitted to the commission with the written
recommendation of the County Mayor.
(e) Conditions for obtaining a for-hire license. No for-hire license shall be issued unless the applicant
(1) Has paid an initial or annual license fee;
(2) Has provided an adequate management plan, where applicable;
(3) Has submitted proof of insurance required by this article;
(4) Has ensured that the for-hire passenger motor vehicle to be operated under the applicant's for-
hire license has 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
Page 9
good cause for an extension,the Director may grant such a reasonable extension as the Director
(f) Vehicles authorized to operate under a for-hire license. The number of vehicles authorized to operate
under a for-hire license are as follows: taxi for-hire license holders shall operate only one (1) vehicle
per for-hire license.
(g) Issuance and replacement of for-hire license.
(1) Issuance. Each for-hire license shall be on a form developed by the RER and shall be signed by
the Director. Each for-hire 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.
(2) Replacement. The Director may issue a replacement license to any license holder upon
application, payment of a nonrefundable replacement fee and presentation of proof or a sworn
affidavit that the license has been lost or stolen.
(h) Expiration of and renewal process for for-hire license. For-hire licenses may be issued for such periods
as specified in the Implementing Order establishing the fees. The RER may establish staggered
license terms to ease administration of the renewal process. Each renewal shall be submitted no less
than thirty (30) days prior to expiration of the current initial or annual for-hire 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 the 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
31-82(c), (d) or(e). Notwithstanding the foregoing provision, a for-hire license holder who has had a
for-hire license revoked for failing to comply with the provisions of subsection 31-82 (s), shall be
allowed to renew all additional for-hire licenses that he/she/it has been issued. Renewal applications
shall additionally include disclosure of all interests in the for-hire license(legal, beneficial, equitable or
otherwise) and a sworn statement as to the number of months which each permitted for-hire vehicle
operated during the preceding license year. 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 for-hire licenses which have not been renewed on or before thirty(30)days after their expiration
shall automatically be deemed revoked.
a) Rules of operation. For-hire license holders shall abide by all rules and regulations applicable to for-
hire license holders and shall be subject to the enforcement provisions contained in this chapter and
chapter 8CC of the Miami-Dade County Code. A for-hire license holder 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 for-hire vehicles;
(2) Immediately report any change of address;
(3) Maintain all records pertaining to the for-hire operations of a vehicle at the place of business of
the entity responsible for passenger services 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 provide copies of the records;
(4) At the end of the first calendar year after adoption of this ordinance, each for-hire license holder
or Passenger Service Company shall submit to the Department the following information
regarding transportation activities in Miami-Dade County: overall number of trips in Miami-Dade
County; average age of taxicab vehicles operated during the preceding year in Miami-Dade
County; the average cost of a fare; the number of incidents (e.g., accidents, moving violations
and criminal charges) during the preceding year; and the number of insurance claims filed. The
Department shall provide this information to the Board in the form of a report pursuant to
ordinance No. 14-65.
Page 10
(5) Obtain the operating permit for each for-hire vehicle operated pursuant to authority of the for-hire
license and pay all application and vehicle inspection fees;
(6) Not knowingly permit or authorize any chauffeur or other person to operate any for-hire vehicle
without that vehicle's current valid operating permit being displayed therein;
(7) Except as provided elsewhere in this article, not allow any person to operate a for-hire vehicle
who is not a Miami-Dade County registered chauffeur;
(8) Not knowingly allow or permit any person to operate a for-hire vehicle without current, valid and
sufficient insurance coverage as required in this chapter,
(9) Register with RER and have inspected all vehicles to be placed into service and all vehicles taken
out of service;
(10) Not knowingly permit or authorize anyone to drive any for-hire 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 knowingly allow or permit any person to operate a for-hire 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 the chauffeur to begin or continue to drive the for-hire vehicle;
(12) 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;
(13) Each for-hire license holder shall enter into a written chauffeur's agreement with each chauffeur
it allows to operate any for-hire vehicle. The written chauffeur's agreement:
(a) Shall provide for an express duration of the agreement;
(b) Shall only be terminated with at least ninety (90) days prior notice unless good cause be
shown and only for the reasons stated therein;
(c) Shall state the full legal name and address (post office boxes shall not be acceptable) and
respective license holder's number and chauffeur's registration numbers;
(d) Shall state and itemize the compensation to be paid by the chauffeur for the right to operate
a for-hire vehicle authorized by a for-hire license. Such itemization-shall separately list the
amount of compensation that is attributable to the lease, insurance, dispatch and deposits,
if any. It shall be unlawful for the for-hire license holder to receive any compensation from
the chauffeur which is not specified in the existing chauffeur's agreement. The Agreement
shall specifically provide that the compensation to be paid by a chauffeur may be paid
utilizing any of at least two of the following: (1)cash, (2)money order, (3)certified check, (4)
cashier's check, (5) valid traveler's check, (6) valid bank credit card, or (7) valid personal
check showing on its face the name and address of the chauffeur. The chauffeur shall be
allowed to make payment as provided in the preceding sentence, and shall be provided with
a written receipt which contains the name of the license holder or passenger service
company, whichever is applicable, and the name of the driver, the for-hire license number,
payment amount and form of payment utilized, date of payment and the period covered by
the payment. Such receipt shall be itemized so as to separately list the amount of
compensation that is attributable to the lease, insurance, dispatch, and deposits if any;
(e) Shall state whether the passenger service company or the license holder shall be
responsible for obtaining the required insurance for the for-hire vehicle;
(f) Shall state that the license holder shall obtain the operating permit and pay all application
and vehicle inspection fees.
(g) Shall be signed by both the chauffeur and the license holder, and
(h) Shall include a sworn statement attesting to the truth of all representations made in the
chauffeur agreement.
Page 11
•
(i) Whenever money is deposited by a chauffeur as security for performance or advance
�...�f.......-..r r
(1) Hold the total amount of such money in a separate non-interest bearing account in a
Florida banking institution for the benefit of each chauffeur.The license holder shall not
commingle such money with any other funds of the license holder or pledge, or in any
other way make use of such money until such money is actually due the license holder,
or
(2) Hold the total amount of such money in a separate interest-bearing account in a Florida
banking institution for the benefit of each chauffeur, in which case the chauffeur shall
receive and collect interest in an amount of at least 75 percent of the annualized
average interest rate payable on such account or interest at the rate of 5 percent per
year, simple interest, whichever the license holder elects. The license holder shall not
commingle such money with any other funds of the license holder, pledge, or in any
other way make use of such money until such money is actually due the license holder,
0) The license holder shall, within thirty (30) days of receipt of a security deposit, notify the
chauffeur in writing of the manner in which the license holder is holding the deposit and the
rate of interest, if any, which the chauffeur is to receive and the time of interest payments to
the chauffeur. Such written notice shall:
(1) Be given in person or by mail to the chauffeur.
(2) State the name and address of the depository where the deposit is being held and
whether the deposit is being held in a non-interest or interest-bearing account.
(3) Include a copy of the provisions of subsection (k).
(k) (1) Upon the termination of the lease, if the license holder does not intend to impose a
claim on the deposit, the license holder shall have fifteen(15)days to return the deposit
together with interest if the funds have been deposited in an interest bearing account,
or the license holder shall have thirty (30) days to give the chauffeur written notice by
certified mail to the chauffeur's last known mailing address of his or her intention to
impose a claim on the deposit and the reason for imposing the claim. The notice shall
contain a statement in substantially the following form:
This is a notice of my intention to impose a claim in the amount of
upon your deposit, due to . It is sent to you as required by sec. 31-
82(j)(13)(k) of the Code of Miami-Dade County, Florida. You are hereby notified
that you must object in writing to this deduction from your deposit within fifteen (15)
days from the time you receive this notice or I will be authorized to deduct my claim
from your security deposit. Your objection must be sent to
If the license holder fails to give the required notice within the 30-day period, he or she
forfeits the right to impose a claim upon the security deposit.
(2) Unless the chauffeur objects in writing to the imposition of the license holder's claim or
the amount thereof within fifteen (15)days after receipt of the license holder's notice of
intention to impose a claim, the license holder may then deduct the amount of his or her
claim and shall remit the balance of the deposit to the chauffeur within thirty(30) days
after the date of the notice of intention to impose a claim for damages.
(3) If either party to the chauffeur agreement institutes an action in a court of competent
jurisdiction to adjudicate the party's right to the security deposit and interest, if any, the
prevailing party is entitled to receive his or her court costs plus a reasonable fee for his
or her attorney.
(4) In those cases where interest is required to be paid to the chauffeur,the license holder
shall pay directly to the chauffeur, or credit the current lease payment, the interest due
to the chauffeur at least annually.
Page 12
(I) It shall be unlawful for any for-hire license holder to require that a chauffeur purchase a
taxicab, lease a taxicab or finance the purchase of a taxicab as a condition of entering into
a chauffeur's agreement
(14) For-hire license holders who operate an accessible vehicle shall ensure that requests for service
from wheelchair passengers shall receive priority over all other service requests.
(15) Each license holder shall ensure that chauffeurs operating an accessible vehicle are 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.
(16) It shall be unlawful for any person to use, drive or operate an accessible vehicle without
certification 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 for-hire license shall be subject to the penalties
provided in this article for any applicable violation of this chapter arising from the operation of the for-
hire vehicle authorized under the holders for-hire license where the for-hire license holder knowingly
permitted or allowed the 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 passenger service
company or for-hire chauffeur for the same or related violations shall not relieve the for-hire license
holder of responsibility under this article.
(I) In order to assure the development and maintenance of adequate wheelchair accessible taxicab
service, Miami-Dade County shall strive to ensure that at least three(3) percent of the total number of
for-hire taxicab licenses are operated using accessible vehicles by December 31, 2006.
(1) The Director, by administrative decision, may require that at least fifty (50) percent of for-hire
vehicles authorized to operate under a for-hire license initially issued pursuant to Sections 31-
82(o)(1) and 31-82(p) after the effective date of this ordinance must be accessible vehicles. All
for-hire taxicab licenses issued pursuant to this subsection (1) shall be selected first in each
lottery.
(2) Licenses to be operated using accessible vehicles pursuant to Section 31-82(1)(1), 31-82(o)(1),
31-82(o)(2), or 31-82(o)(3) shall be issued upon payment of an amount that is ten thousand
dollars ($10,000.00) less than the amounts stated in Section 31-82(m), 31-93(c)(2), or 31-93(d),
respectively, or five thousand dollars ($5,000.00), whichever amount is greater, payable in full
within one hundred twenty(120)days after each lottery.
(3) It shall be a condition of all for-hire taxicab licenses that are required to operate using accessible
vehicles pursuant to Section 31-82(1)(1), 31-82(o)(1), 31-82(o)(2), or 31-82(o)(3)that the vehicle
operated under the authority of such license shall always be an accessible vehicle.
(4) Notwithstanding any provision to the contrary, all for-hire taxicab licenses ordered by the Director
to operate using accessible vehicles pursuant to Section 31-82(1)(1)or 31-82(o)(2)shall meet the
following vehicle age requirements: any vehicle initially placed into service shall not have been.
previously used as a taxicab and shall be no greater than ten(10)model years of age.Any vehicle
over ten (10) years of age shall not be operated as a taxicab. Notwithstanding the vehicle age
limits required by this subsection, any properly permitted and inspected accessible taxicab
scheduled for retirement on December 31, 2011, shall be allowed to be operated for an additional
one-year period.
(5) Notwithstanding any provision to the contrary, each for-hire license holder who has been issued
a for-hire taxicab license which is required to be operated using an accessible vehicle pursuant
to Section 31-82(o)(2) or 31-82(o)(3) may convert that for-hire license into a license which may,
except as provided herein, operate countywide upon payment of ten thousand dollars
($10,000.00) to the County by July 1, 2009. Notwithstanding the foregoing, a for-hire license
holder who is unable to make a payment of ten thousand dollars ($10,000.00)to the County by
July 1, 2009, may upon payment of a minimum of two thousand five hundred dollars($2,500.00)
by July 1,2009, request from the RER Director an additional period of time not to exceed eighteen
(18) months within which to pay the remaining balance. For-hire licenses which are converted as
provided in this subsection may not be operated countywide prior to July 1, 2009.
Page 13
(6) Notwithstanding any provision to the contrary, all for-hire taxicab licenses that are required to
82 0 3 shall, bJune ;`; 7 '-; )!,1), =' == -';, : ?'•
( )( ) y 1, 2010, have a mobile two-way radio or electronic dispatch system,
installed and operating properly,that is connected to and subscribed to service with a passenger
service company that has a fixed-base call center operated twenty-four(24) hours a day, three
hundred sixty-five (365) days a year, and by which a dispatcher may communicate with the
taxicab chauffeur during all hours of vehicle operation to provide for-hire transportation to a
passenger.
(m) All new taxicab for-hire licenses issued after the effective date of this ordinance shall be issued
pursuant to a medallion system. Such licenses shall be issued upon payment of twenty-five thousand
dollars($25,000.00), payable in full within one hundred twenty(120)days after.A sixty-day extension
may be granted by the RER Director provided good cause be shown.
(n) Existing taxicab for-hire license holders on the effective date of this ordinance shall receive one (1)
medallion for each for-hire license upon payment of a one-time administrative fee established by
administrative order.
(o) For-hire taxicab license lottery and auctions.
(1) In the year 2009 fifteen (15)for-hire taxicab licenses shall be operated using accessible vehicles
and issued utilizing the criteria and procedure provided in Section 31-82.
(2) In addition to the for-hire licenses authorized by the preceding subsection, an additional five (5)
South Miami-Dade taxicab service area for-hire taxicab licenses shall be issued in the year 2009,
pursuant to Section 31-93(d) utilizing the criteria and procedure provided in Section 31-82.
(3) In addition to the for-hire licenses authorized by the preceding subsections, an additional five(5)
underserved area for-hire taxicab licenses shall be issued in the year 2009, pursuant to Section
31-93(c), utilizing the criteria and procedure provided in Section 31-82.
(4) All taxicab licenses issued pursuant to this section after January 1, 2009 shall have a mobile two-
way radio or electronic dispatch system, installed and operating properly that is connected to and
subscribed to service with a passenger service company that has a fixed-base call center
operated twenty-four (24) hours a day, 365 days a year and by which a dispatcher may
communicate with the taxicab chauffeur during all hours of vehicle operation to provide for-hire
transportation to a passenger. In addition, notwithstanding any provision to the contrary, all
taxicab licenses issued pursuant to this section shall be issued upon payment of twenty-five
thousand dollars ($25,000.00).
(5) In fiscal year 2010-2011, four (4) for-hire taxicab licenses shall be issued to chauffeurs with
twenty(20) or more years of continuous service as a Miami-Dade County chauffeur pursuant to
a lottery advertised and supervised by the Consumer Services Department utilizing the criteria
and procedure provided in Section 31-82. Notwithstanding any provision to the contrary, all
taxicab licenses issued pursuant to this section shall be issued upon payment of five thousand
dollars($5,000.00) payable in full within thirty(30) days after each lottery.
(6) In fiscal year 2010-2011, six(6)for-hire taxicab licenses shall be auctioned to the highest bidder
pursuant to an open auction advertised and supervised by the Consumer Services Department
utilizing the criteria and procedure provided in Section 31-82. The Clerk of the Circuit Court of
Miami-Dade County shall sell each license to the highest and best bidder, who shall pay the
amount bid by a cashier's check within thirty(30)days from the time of sale. Two(2)of the six(6)
for-hire taxicab licenses shall be operated using accessible vehicles. A for-hire license issued
pursuant to the preceding sentence as an accessible vehicle shall remain so classified despite
any change in ownership of the for-hire license after its issuance. Participation in the auctions
shall be limited to natural persons or corporations organized or qualified to do business under the
laws of Florida where all of the shares of each corporation are held by a single natural person
("wholly-owned corporation"), and which satisfy the requirements and criteria provided in Section
31-82(c), (d), (e), (f), (g), (h), (i), (j), (k) and (r). The minimum price for taxicab for-hire licenses
which must operate accessible vehicles shall be one hundred thousand dollars ($100,000.00).
The minimum price for the remaining taxicab for-hire licenses auctioned shall be one hundred
forty thousand dollars ($140,000.00). Prior to participating in an auction, a prospective bidder
Page 14
shall provide the Clerk of the Circuit Court of Miami-Dade County with a letter from a registered
bank or lending institution stating that the bidder has sufficient funds to pay the minimum price for
a for-hire license required by this subsection (6). Each successful bidder shall provide the
Consumer Services Department with a cashier's check in an amount equal to ten (10) percent of
the total amount bid within two (2) business days of the sale which shall be nonrefundable. Any
successful bidder shall provide the Consumer Services Department with a cashier's check for the
remainder of the amount bid within thirty (30) days from the time of sale. In the event that the
highest and best bidder does not provide the Consumer Services Department with a cashier's
check in an amount equal to ten (10) percent of the total amount bid and/or does not provide the
Consumer Services Department with a cashier's check for the remainder of the amount bid within
thirty (30) days from the time of sale, or the highest and best bid for a for-hire license does not
satisfy the minimum price required by this subsection(6), the Clerk of the Circuit Court of Miami-
Dade County shall schedule another auction for the unsold for-hire license within sixty(60)days.
Any successful bidder who does not satisfy the for-hire license requirements of Section 31-82(c),
(d), (e), (f), (g), (h), (i), (j), (k) and (r)shall have ninety(90) days from the date of sale in which to
apply for the transfer of such license to a natural person or corporation organized or qualified to
do business under the laws of Florida where all of the shares of the corporation are held by a
single natural person, and which satisfies the requirements and criteria provided in Section 31-
82(c), (d), (e), (f), (g), (h), (I), (j), (k)and (r).
(7) Each taxicab operated pursuant to a for-hire license issued pursuant to the lotteries and auctions
provided for in subsections(o)(5)and (o)(6)after September 1, 2010:
(i) Shall within one hundred twenty (120) days from the issuance of the for-hire license be
equipped with an operable mobile two-way radio or electronic dispatch system, installed and
operating properly that is connected to and subscribed to service with a passenger service
company that has a fixed-base call center operated twenty-four(24) hours a day, 365 days
a year and by which a dispatcher may communicate with the taxicab chauffeur during all
hours of vehicle operation to provide for-hire transportation to a passenger. Notwithstanding
the foregoing,mobile two-way radio or electronic dispatch systems required by the preceding
sentence shall, within eighteen (18) months of the issuance of the for-hire license, be
integrated with a global positioning dispatch system capable of determining the location of
each taxicab utilizing the system twenty-four(24) hours a day, 365 days a year;
(ii) Shall within one hundred twenty (120) days from the issuance of the for-hire license be
equipped with an operable taximeter meeting the requirements described in this subsection.
All customer receipts shall be generated by a taximeter or other electronic device, shall
contain the fare charged, the name and telephone number of the passenger service
company, the operating permit number, the chauffeur registration number, date and time of
transaction and the telephone number for filing complaints with the RER. In addition, all
taximeters shall be programmed with the approved special service rates;
(iii) Shall within twelve(12) months from the issuance of the for-hire license be equipped with an
operable digital security camera system ("DSCS");
(a) In addition to the following minimum requirements as provided by this subsection, the
RER shall establish and issue regulations to govern the specifications, installation and
maintenance of the security cameras and may, from time to time, revise such
regulations.
(1) The camera must record sharp, undistorted original still images that are reliable
for identification of all individuals seated in any position inside the taxicab and
under all lighting conditions including darkness with a strong rear light source.
(2) The DSCS shall record images and shall display at the top of each image the
time/date, taxicab number,trigger source, and recording unit serial number.
(3) Storage capacity shall be, at a minimum,4,000 images.
(4) When memory storage capacity is reached, the DSCS shall overwrite the oldest
images as new images are recorded in sequence.
Page 15
(5) Images shall be recorded and stored in a recording unit, within the vehicle,
recording unit to any other electronic device via the Internet or any other means.
(6) The manufacturing process for the camera and the camera itself shall be certified
by the International Organization for Standardization.
(7) The camera head housing and brackets shall be tamper-proof and securely
mounted to the right of the rear-view mirror. The installation shall provide
unobstructed vision for the driver.
(8) The camera housing mounting brackets shall prevent any adjustment of camera
aim except by certified installers.
(9) The recording unit housing and installation brackets must use tamperproof
fasteners. The recording unit, and all cables, must be installed under the dash
board and concealed from view.
(10) The DSCS shall contain a visual indication of system status readily visible to the
chauffeur and enforcement personnel inspecting the vehicle from outside of the
driver door.
(11) The DSCS and components shall be sufficiently shock-resistant to withstand
typical vehicle movement and collisions.
(12) Image capture shall be linked to the following events: vehicle door openings and•
closings, meter engagement and activation of an emergency switch that is linked
to the DSCS.
(13) Image access shall be provided only to law enforcement agencies.
(b) Notice of a digital security camera system and a privacy notice shall be prominently
displayed within the taxicab, as required by regulations promulgated by RER;
(iv) Shall within one hundred twenty (120) days from the issuance of the for-hire license be
equipped with an operable credit card processing system. The credit card processing
equipment shall allow the passenger to utilize the card in the rear compartment of the taxicab
without handing the card to the chauffeur. Said equipment shall list tips, fare, tolls and port
fees separately. In addition, said equipment shall have the ability to electronically authorize
the transaction in a timely manner. The credit card processing equipment shall:
(a) Provide for a printed receipt that shall contain the fare charged,the name and telephone
number of the passenger service company, the operating permit number,the chauffeur
registration number, date and time of transaction and the telephone number for filing
complaints with the RER;
(b) Be linked to the taximeter and include a global positioning system;
(c) Display itemized fare information, provide for an ability to choose the payment form,
and provide for the option of adding a gratuity;
(d) Provide for a passenger information module with touch screen capability;
(e) There shall be no additional charge added to the fare for the use of a credit card unless
the County Commission has, to the extent permitted by Florida law, amended the fare
schedule by resolution pursuant to Section 31-87,which regulates rates, to allow for an
additional charge for the use of a credit card. No minimum charge may be imposed for
the use of a credit card to pay a fare.A taxicab that accepts credit cards in payment of
fares must post upon the vehicle the type of credit cards accepted for payment. The
specifications of said posting shall be prescribed by the RER. The credit card payment
process shall comply with the Payment Card Industry Data Security Standard or its
equivalent; and
(f) A taxicab equipped with a credit card processing system shall not be operated when
the credit card processing system is not operational;
Page 16
(v) Shall within one hundred twenty (120) days from the issuance of the for-hire license be
equipped with operable warning lights for the purpose of advising others and law
enforcement agents that an emergency situation exists within the vehicle.
(a) The warning light system shall consist of two devices.
(b) Such devices shall be mounted one at the front center of the vehicle, either on top of
the bumper or in front of or behind the grill.The second device shall be mounted on top
of the rear bumper,to the left of the license plate.
(c) The device shall display flashing red lights which shine on the roadway under the
vehicle.
(d) The activation switch for said device shall be placed within close proximity of the
operator of the vehicle and shall be silent when initiated.
Any vehicle which fails to comply with any of the requirements imposed by this subsection
(o)(7)(i)—(v) shall be removed from service until such time as the vehicle is in compliance with
said requirements.
(p) Rules governing the distribution of new for-hire licenses.
(1) The County Mayor shall cause a study to be performed and completed to analyze the relative use
of taxicab service by visitors and residents, the utilization of wheelchair accessible taxicabs, the
geographic distribution of taxicabs in the County,the impact of additional for-hire taxicab licenses
on existing taxicab chauffeurs, recommendations on the formula to be used to establish the
number of for-hire taxicabs, and other matters related to taxicab use and need. The scope of
service will be developed with industry input.
(2) Public Hearing. The commission shall hold a public hearing to consider the Mayor's report and
the results of the study required by Section 31(82)(p)(I)to determine the need for additional for-
hire taxicab licenses no later December 2013. The commission by ordinance shall establish a
formula for determining the number of for-hire taxicab licenses authorized after January 1, 2014.
In reaching its decision,the commission shall consider the results of the study required by Section
_ 31(82)(p)(I), the recommendation of the Mayor and all evidence produced at the public hearing.
The Mayor shall submit to the commission quarterly reports regarding the development of this
formula, pursuant to the criteria provided for in Section 31-82(p)(1) beginning three (3) months
after the enactment of this ordinance.
(q) All additional for-hire licenses issued pursuant to a lottery to operate a taxicab which are authorized
pursuant to this section shall be issued by the RER in accordance with the following procedures:
(1) Determination of eligibility to participate in distribution of new taxicab for-hire licenses.
Participation in the lottery or random selection process shall be limited to those chauffeurs: who
for the five-year period immediately prior to application for participation in such lottery have held
a valid Miami-Dade County taxicab chauffeur's registration;who are not holders of a Miami-Dade
County for-hire taxicab license; who have not previously held a for-hire taxicab license; who do
not hold any interest in a corporation, partnership or other entity which holds a Miami-Dade
County for-hire taxicab license; and who meet the requirements of this section and Section 31-
82(c). Each chauffeur qualified to participate shall be allowed only one (1) entry in the random
selection or lottery process:Provided, however, in no event shall such selection or process result
in any chauffeur, corporation, partnership or any other entity in which such chauffeur has any
interest being authorized to operate more than one (1)for-hire license.
(2) Random selection or lottery. Where required by this chapter, a random selection lottery process
shall be conducted as determined by the Director. The random selection or lottery process shall
be conducted by an individual who shall not have responsibility for the enforcement of this
chapter. All fees and applications must be received by the RER no later than fifty (50) calendar
days after the announcement of a lottery.
(3) Separate lottery conducted by RER. If, due to revocation, cancellation or lapse,the total number
of valid for-hire taxicab licenses is less than the total number authorized, the RER shall have
authority to issue sufficient new licenses to bring the total issued up to the total authorized utilizing
Page 17
the procedures of this section. In such event, the applicable deadlines for submission of
(4) Conditions for participating in random selection or lottery process. In addition to the requirements
stated above,all applicants shall pay a non-refundable fee to participate in each random selection
or lottery process. Every application to participate in the random selection or lottery process shall
be filed in accordance with Section 31-82(c)of this chapter, including payment of the investigative
and processing fee provided therein; list the chauffeur's registration number and include a sworn
statement that (1) the applicant is the holder of a valid Miami-Dade County taxicab chauffeur's
registration and(2)that during the five(5)years prior to application, the applicant has not had his
or her Miami-Dade County taxicab chauffeur's registration suspended or revoked or has not been
found guilty of more than five (5) violations of this chapter. RER shall disqualify applicants who
do not meet the requirements of this section from participation in the lottery. The Director's
decision shall be final.
(5) Condition of all new taxicab licenses. It shall be a condition of all for-hire taxicab licenses
distributed through the random selection process which are issued after the effective date of this
ordinance that the taxicab operated under authority of such license shall be driven by the license
holder one(1)out of two(2)shifts per day an average of five(5)days per week. Licenses issued
pursuant to this section shall be issued in the chauffeur's individual name only. No new for-hire
taxicab license shall be assigned, sold or transferred during the five-year period following the
issuance of said license. Notwithstanding the foregoing, a new taxicab for-hire license may be
transferred during the five-year period following issuance where the license is: transferred to a
corporation as provided in subsection(r)(3);transferred involuntarily pursuant to Section 31-82(r);
or transferred due to the death or incompetency of the for-hire license holder, including an
irreversible medical condition rendering the chauffeur unable to perform the duties of a chauffeur,
such as loss of sight, paralysis,or a terminal illness. Notwithstanding the foregoing,a new taxicab
for-hire license issued pursuant to the lottery to a driver who applied for and qualified for the
lottery reserved for twenty-year drivers may be transferred, as provided in Chapter 31, between
three (3) and (5) five years after the date of issuance if the driver is at least sixty-two (62) years
of age at the time of transfer, and a new taxicab for-hire license issued pursuant to the lottery to
a driver who applied for and qualified for the lottery reserved for twenty-five year drivers may be
transferred, as provided in Chapter 31, between two (2) and (5) years after the date of issuance
if the driver is at least sixty-two (62) years of age at the time of transfer. Where a new for-hire
license is revoked during the aforementioned time periods immediately after the issuance of the'
license, the proceeds from the sale of such license, after deducting the expenses of the sale,
shall be paid, first, to the lienholder or lienholders in the order of date of filing and the balance, if
any, shall be paid to Miami-Dade County.
(r) Transfer of a taxicab license. Transfer of a taxicab license may be accomplished by purchase, gift,
bequest or operation of law, and is subject to the written approval of the RER.
(1) County approval required. No for-hire taxicab license shall be assigned, sold (either outright or
under a conditional sales contract) or transferred without prior approval of the Director. No
approval hereunder shall be granted unless it has been demonstrated that the assignee,
purchaser(conditional or outright), or transferee meets all of the requirements of Section 31-82,
including but not limited to payment of the required investigative and processing fee, and has
submitted a written contract between the license holder and assignee, purchaser or transferee
disclosing the terms and conditions of the proposed assignment, sale or transfer, including the
amount of compensation which has been paid or is payable to the assignor, seller or transferor
and any other consideration given or to be given to the assignor, seller or transferor in connection
with the assignment,sale or transfer of the for-hire license.Any change in the ownership structure
of a corporation or partnership where at least five(5) percent of the shares of said corporation or
at least five(5) percent of the partnership interest is assigned sold or transferred to another shall
be deemed a sale for purposes of this section. Failure to comply with this subsection will result in
revocation of the for-hire license. Appeals of the Director's decision shall be in accordance with
the provisions of this chapter.
(2) Unsatisfied judgments and outstanding tort liabilities.An assignment, sale or transfer shall not be
permitted if an unsatisfied judgment is on file with Miami-Dade County against the licensed
Page 18
assignor, seller or transferor and the RER has been notified of said judgment. If an appeal is
pending from an unsatisfied judgment, the RER, in its discretion, may permit such assignment,
sale or transfer provided the assignor, seller or transferor files a bond in sufficient amount to
satisfy the judgment. An assignment, sale or transfer also may be permitted without filing such
bond provided that all judgment creditors of unsatisfied judgments file written permission with the
RER. An assignment, sale or transfer shall not be permitted unless the assignee, purchaser or
transferee files_a bond with the Clerk of the Circuit and County Court to cover all outstanding tort
liabilities of the assignor, seller or transferor in excess of the amount covered by the required
commercial auto liability insurance policy.
(3) Leasing the for-hire taxi license to other for-hire taxi chauffeurs. Leasing of the for-hire license to
a Miami-Dade County registered chauffeur shall be permitted if the for-hire license holder
complies with the provisions of this chapter.
(4) Conditions of voluntary transfers.
(i) Any for-hire taxicab for-hire license may only be transferred, sold or assigned in accordance
with this section.
(ii) For purposes of the sale of a for-hire license, the following requirements must be satisfied:
(i) all outstanding fines and penalties against the for-hire taxicab license and chauffeurs
registration must be paid or satisfied and all pending administrative matters must be
resolved; and (ii)when seller owns two (2) or more for-hire taxicab licenses, all outstanding
items/proceedings as stated in (i)above shall be paid, satisfied or resolved.
(5) Conditions of involuntary transfers.
(i) An owners interest in a for-hire taxicab license may be revoked pursuant to section 31-91.
Upon a final order of revocation where all appellate proceedings, if any, have been
concluded,the Clerk of the Circuit Court of Miami-Dade County shall sell the license at public
auction to the highest and best bidder, who shall pay the amount bid by a cashiers check
within seven (7) business days from the time of sale. The proceeds from the sale of such
licenses, after deducting the expenses of the sale and all costs incurred by Miami-Dade
County including, but not limited to, attorney's fees, shall be paid, first, to the lienholder or
lienholders in the order of date of filing and the balance, if any, shall be paid to the person
whose interest in the for-hire license has been revoked, or to the County when the person
cannot be located.
(ii) An owners interest in a for-hire taxicab license may be transferred involuntarily by a court of
law and disposed of by public or private sale in the same manner as personal property.
However, upon such involuntary transfer, the license holders license shall immediately be
canceled and a new license issued to the purchaser or his, her or its vendee, provided that
such purchaser or vendee satisfies the bond requirements of this section; except that if the
involuntary transfer is by reason of a tort judgment against an involuntary transferor no bond
need be provided with respect to the same judgment.
(iii) Any person holding a bona fide lien or security interest in a for-hire taxicab license in Miami-
Dade County shall have the right to enforcement of a lien against that license within thirty
(30) days after any final order of revocation where all appellate proceedings, if any, have
been concluded and upon actual notice to any lienholder whose name is on file with RER.
(iv) In order to perfect a lien or security interest in a for-hire taxicab license,the party which holds
the pledge, lien or security interest, within thirty (30) days of the date of creation of the
pledge, lien or security interest,shall record the same with the RER,the Department of State
UCC Bureau and the Clerk of the Circuit Court of Miami-Dade County and must(i)describe
the collateral as a"Miami-Dade County for-hire taxicab license" and (ii) include the for-hire
taxicab license number.
(v) Any foreclosure of a perfected lien in a for-hire taxicab license shall be in the Circuit Court
of Miami-Dade County and the RER shall be joined as an indispensable party.All holders of
liens or security interests senior to the pledge, lien or security interest being foreclosed shall
be joined and deemed necessary parties to the foreclosure.
Page 19
(vi) Upon a judgment of foreclosure, the clerk of the Circuit Court of Miami-Dade County shall
.a�.0 a r u . Gaa�....✓uy GA.4,.uvf P.I.)uuI�1...i ..0 t..•r•r i, I wf II.Cf%SG a1.1airA, w LI I11 11..J1.CAuu
best bidder, who shall pay the amount bid by a cashier's check within seven (7) days from
the time of sale. The proceeds from the sale of such license, after deducting the expenses
of the sale,shall be paid,first,to the lienholder or lienholders in the order of date of filing and
the balance shall be paid as directed in the judgment of foreclosure.
(vii) The institution of foreclosure procedures or the judicial transfer of a license shall not prevent
the RER from suspending or imposing a civil penalty or taking other administrative action
against the licensee of record at the time of the alleged violation. However, should the RER
obtain a revocation of the license against the previous licensee of record, the revocation
shall be effective only to impair the qualifications of the individual licensee, partners, officers,
directors, or stockholders of that licensee.
(viii) Any transferee license holder who does not satisfy the for-hire taxicab license requirements
of section 31-82 for a transfer shall have ninety(90)days from the date of judgment or sale
in which to apply for transfer of such license to a person who satisfies the requirements of
this section. The transferee may continue the operation of the taxicab during the pendency
of the application only with prior approval of the RER.
(6) Distribution from estate to a beneficiary.
(i) When a for-hire taxicab license or stock in a corporation owning a for-hire taxicab license is
distributed from an estate to a beneficiary by a court of law, the transferee shall submit to
the RER the court order directing the County to transfer the for-hire license to the beneficiary.
The court order shall condition the transfer upon the transferee complying with this article.
(ii) An executor or administrator may continue the operation of a taxicab only with prior approval
of the RER.The executor or administrator shall apply for such approval within sixty(60)days
of his or her appointment, subject, however, to any further extension of time in the event of
any possible will contest or other delay not caused by the executor or the administrator which
will be granted in the discretion of the RER for good cause shown.
(iii) Any beneficiary who does not satisfy the for-hire taxicab license requirements of section 31-
82 for a voluntary transfer shall have ninety(90)days in which to apply for RER approval of
the transfer of such license to a person who satisfies the requirements of Section 31-82.An
extension may be granted by the RER Director provided good cause be shown.
(7) Conditional sales agreements.
(i) Where an interest in a for-hire taxicab license is acquired through a conditional sales
agreement the following shall apply: the parties shall provide the RER with a disclosure
statement indicating the terms of the agreement within thirty (30) days of the execution of
the agreement;
(ii) The seller shall be liable for any fines or penalties imposed against the taxicab license for
violations occurring during the term of the agreement, unless they are paid by the purchaser;
and
(iii) The seller shall notify the RER in writing of any repossession by the seller of the taxicab
within seventy-two(72) hours exclusive of weekends and holidays.
(s) As part of the annual renewal of a for-hire license, each operator shall certify on a form provided by
the CSD the number of months during the preceding year that he or she operated and provided the
service authorized by the for-hire license. Failure to so certify within the thirty-day grace period for
renewal or failure to operate for at least five(5)months during the year period shall result in automatic
revocation of the for-hire license. The foregoing notwithstanding,for for-hire licenses expiring January
31, 1991, or later, failure to operate for at least nine (9) months during the preceding year shall result
in automatic revocation of such license. Operations within the thirty-day grace period provided in
subsection (i) shall not be counted for purposes of determining compliance with the requirements of
the two(2)preceding sentences.
(t) Reserved.
Page 20
(u) It shall be unlawful to operate any vehicle as a for-hire motor vehicle without first having obtained a
for-hire license specifically relating to said vehicle.The for-hire license shall,at all times, be displayed
within the vehicle and shall be available for inspection by any police officer or authorized agent of the
RER.
(Ord.No. 81-85, § 3,7-21-81; Ord.No. 82-102, § 1, 10-19-82; Ord.No. 85-40, § 1, 6-6-85; Ord.
No. 85-106, § 1, 12-17-85; Ord.No. 86-34, § 1,.5-6-86; Ord.No. 87-12, § 2,3-17-87; Ord.No.
88-34, § 1, 5-3-88;Ord.No. 88-70, § 1, 7-19-88; Ord.No. 88-98, § 1, 10-4-88; Ord.No. 88-115,
§ 2, 12-6-88; Ord.No. 88-118, § 2, 12-6-88; Ord.No. 89-44, § 1, 5-23-89; Ord.No. 89-107, § 1,
11-7-89; Ord.No. 89-117, § 1, 11-21-89; Ord.,No. 90-40, § 1, 5-1-90; Ord.No. 90-113, § 1, 10-
16-90; Ord.No. 90-119, § 1, 11-6-90; Ord.No. 90-126, § 2, 11-27-90; Ord.No. 90-127, § 1, 11-
27-90; Ord.No. 91-23, § 1,2-19-91; Ord.No. 92-23, § 1, 4-7-92; Ord.No. 94-191, § 2, 10-7-94;
Ord.No. 95-221, § 2, 12-5-95; Ord.No. 98-105, § 1,7-9-98; Ord.No. 00-68, § 1, 5-23-00; Ord.
No. 00-139, § 1, 11-14-00; Ord.No. 01-67, § 1, 4-10-01; Ord.No. 01-178, § 1, 11-6-01; Ord.
No. 03-45, § 1, 3-11-03; Ord.No. 04-103, § 1, 5-11-04; Ord.No. 06-111, § 1, 7-6-06; Ord. of
11-28-06, § 1; Ord.No. 06-175, § 1, 11-28-06; Ord.No. 08-139, § 1, 12-2-08; Ord.No. 09-11, §
1, 2-17-09; Ord.No. 09-26, § 1,4-7-09; Ord.No. 11-77, § 1, 10-4-11; Ord.No. 11-54, § 1, 7-19-
11; Ord.No. 12-51, § 1, 7-3-12; Ord.No. 16-43, § 1, 5-3-16)
Sec.31-83.-Chauffeur's registration.
Except as provided elsewhere in this article, it shall be unlawful for any person to drive a taxicab over
any street in Miami-Dade County without first having obtained a chauffeur's registration from the RER
pursuant to Chapter 31, Article V of this Code. A chauffeur registered pursuant to this article shall not be
required to take specified courses, and oral, written and physical examinations required by Article V.
(Ord.No. 81-85, § 3,7-21-81; Ord.No. 84-36, § 1, 5-15-84; Ord.No. 85-106, § 2, 12-17-85;
Ord.No. 86-34, § 2, 5-6-86; Ord.No. 87-12, § 2, 3-17-87; Ord.No. 88-34, § 2, 5-3-88; Ord.No.
88-118, § 2, 12-6-88; Ord.No. 89-3, § 1, 1-17-89; Ord.No. 89-107, § 1, 11-7-89; Ord.No. 90-
48, § 1, 5-17-90; Ord.No. 92-6, § 1,2-4-92; Ord.No. 94-15, § 3, 1-20-94; Ord.No. 98-105, § 1,
7-9-98; Ord. No. 16-43, § 1, 5-3-16)
Sec.31-84.-Duties of the Department of Regulatory and Economic Resources.
(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 for-hire licenses, passenger service company registrations
and chauffeurs' registrations pursuant to the provisions of this chapter, and maintain appropriate
files regarding same.
(6) Reserved.
(7) Reserved.
(8) Provide technical assistance to the industry.
Page 21
(9) Create and render technical assistance to a for-hire vehicle advisory group comprised of
I GpIIltdi II WI ILiUI I!GI�S Ll IG II IUUAU y, Ua11.1iJVl laf.ILII QU U II cJ�a Il IuiIIl.lpa l aitU
public interest organizations.
(10) Develop a standardized reporting technique for operators after consultation with a for-hire vehicle
advisory group.
(11) Assign an exclusive number to be displayed on each for-hire vehicle operating in Miami-Dade
County.
(12) Provide a system to handle complaints of municipal officials relating to for-hire service within such
municipalities and expedite the solution of same.
(13) Perform any other functions assigned by the County Mayor.
(14) Coordinate cooperative enforcement activities with municipalities, including implementing
procedures for the disposition of fine revenues collected.
(15) Prepare and implement, in coordination and after consultation with the industry, changes,
amendments or modifications to administrative 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.
(16) Upon court order have closed and sealed unlicensed service provider establishments in
accordance with this article.
(17) Develop and implement a Taxicab Driver Incentive Program. The Driver Incentive Program shall
be subject to approval of the Board of County Commissioners by resolution. The incentive
program shall be developed to reward, among other things:
(a) Driver courtesy and professionalism;
(b) Customer service;
(c) Knowledge of the community and historic landmarks;
(d) Cleanliness of the vehicle; and
(e) Professional attire.
•
(b) 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.
(c) Except for the fees established by the County Mayor and approved by the Commission for for-hire
vehicles providing transportation of persons and their baggage from Miami International Airport and
from the Port of Miami, whenever in this article a fee is charged or is required to be paid, the amount
of such fee shall be established by implementing order of the Mayor 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.The amount of each fee established hereunder shall
be reasonably related to the cost of the services and regulation provided therefor.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 82-114, § 1, 12-21-82; Ord.No. 87-12, § 2, 3-17-87;
Ord.No. 88-118, § 2, 12-6-88; Ord.No. 88-126, § 1, 12-20-88; Ord.No: 98-105, § 1, 7-9-98;
Ord.No. 16-43, § 1, 5-3-16)
Sec.31-85.-Rules for operation.
(a) Each operator shall adopt and use, after approval by the RER a uniform and decorative color scheme
for all taxicabs licensed pursuant to this article which shall be yellow, excluding bumpers and door
moldings.The RER shall refuse to approve any proposed color scheme which is not school bus yellow.
License holders shall comply with the uniform color scheme at the time a new vehicle is placed into
Page 22
service. Failure to comply with this section shall be grounds for suspension of all for-hire licenses
issued to the operator.
(b) Taxicabs using any designated public stand shall be faced in accordance with applicable traffic
regulations. The chauffeur of the taxicab at the head of such file shall accept as a passenger any
orderly person who agrees to pay the proper fare; provided, however, that any person shall have the
right to select any taxicab regardless of its position in the file. Upon the departure of any taxicab from
said file, all vehicles entitled to use the stand shall move forward. No number of taxicabs greater than
the maximum allowed shall attempt to use any public vehicle stand. Each waiting taxicab must take a
position to the rear of taxicabs already at the stand.All taxicabs parked at any designated public vehicle
stand shall be considered to be waiting employment.
(c) Reserved.
(d) Every operator shall fully comply with all ordinances, rules and regulations of the County and all
statutes of the State of Florida applicable to the operation of for-hire motor vehicles.
(e) Unless otherwise provided in this article, every operator shall collect and file on a daily basis all
manifests and trip sheets for each for-hire motor vehicle. The operator shall furnish the forms for each
manifest to the chauffeur,which forms shall be approved by the County. Operators shall not destroy,
mutilate, alter or otherwise deface any daily manifests without RER approval. All manifests shall be
available for inspection and copying by the RER or any police agency during regular business hours
and shall be retained for one(1)year. Notwithstanding the above provision, electronic trip sheets from
a digital platform may satisfy this requirement.
(f) Reserved.
(g) Each operator 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. RER shall
be granted access to these records for the purpose of inspection and copying same upon five(5)days'
prior notice. All such records and information shall be confidential except that they will become public
records for the purpose of rate hearings, revocation or suspension hearings, or, if required by the
Board of County Commissioners, for the purpose of approving or disapproving applications for new
for-hire licenses or transfers of for-hire licenses. Each operator shall annually furnish financial and
operating information to the RER on forms and in the manner prescribed by the RER.
(h) Each operator shall make available to customers and chauffeurs a software program or application
that allows the customer to E-Request a taxicab as defined in Section 31-81 of this Chapter. Only
software programs or applications approved by RER may be utilized in taxicabs.The software program
used shall display the name of the driver,a picture of the taxicab driver,a picture of the taxicab vehicle,
including the license plate number to identify the vehicle, as well as a driver rating system.
Notwithstanding any provision to the contrary, the requirements of this subsection shall not take effect
until October 1, 2016.
(i) Any for-hire motor vehicle not waiting employment or actually transporting paying passengers shall
prominently display an out-of-service or off-duty sign.
(j) (1) No passenger service company, for-hire license holder, chauffeur or any other person shall
directly or indirectly provide compensation in any form to any individual or entity or engage in any
activity in connection with the payment of compensation for the right to pick up passengers or
provide taxicab service from any hotel, motel, apartment, restaurant, nightclub, bar, or any other
business establishment, or public facility. The license or registration of any passenger service
company, for-hire license holder or chauffeur violating this provision shall be subject to
suspension for up to twelve (12) months for the first violation and shall be subject to revocation
for repeat violations in accordance with the provisions of Section 31-91 or other appropriate
enforcement action as provided in this article.
(2) It shall be a violation of this article for any individual or entity to accept compensation in any form,
either directly or indirectly, from any passenger service company, for-hire license holder,
chauffeur or any other person for the right to pick up passengers or provide taxicab service from
any hotel, motel, apartment, restaurant, nightclub, bar, or any other business establishment or
public facility.
Page 23
(k) Reserved.
(Ord. No. 81-85, § 3, 7-21-81; Ord.No. 81-29, § 2, 11-17-81; Ord.No. 81-130, § 1, 12-1-81;
Ord.No. 87-12, §2, 3-17-87; Ord. No. 98-105, § 1, 7-9-98; Ord.No. 00-139, § 1, 11-14-00; Ord.
No. 07-149, § 1, 10-2-07; Ord.No. 16-43,§ 1,5-3-16)
Sec.31-86.-Taximeters and Credit Card Processing Systems.
(a) Each taxicab shall be equipped with a taximeter meeting the requirements described in this article.All
customer receipts, whether handwritten or generated by a taximeter or a credit card processing
system, shall contain the fare charged, the name and telephone number of the passenger service
company, the operating permit number and the telephone number for filing complaints with the RER.
It shall be a violation ofthis article for any operator or chauffeur to operate any taxicab unless and until
its taximeter and credit card processing system, if installed, has been inspected and certified as
operable and accurate by RER and has affixed thereto a current valid taximeter and credit card
processing system certification label, sticker or decal. It shall also be a violation of this article for any
operator or chauffeur to operate any taxicab where the taximeter or the credit card processing system,
if installed, does not accurately display approved rates and fares. In the event that a taximeter or credit
card processing system, if installed, fails inspection, said taxicab shall not be utilized until the
deficiency has`been corrected.
(b) Each taxicab shall have its taximeter inspected before being placed in service and at least once every
twelve (12) months thereafter. The RER may require additional testing and inspection at any time.All
taximeters passing inspection shall be sealed and a sticker placed thereon. The result of each
taximeter test or inspection shall be recorded on forms provided by the RER.A copy of the report will
be provided to the operator. Taximeters with expired stickers or missing or broken seals shall be
considered as failing inspection. The for-hire license of any taxicab whose taximeter fails inspection
shall be automatically suspended without hearing until the taximeter has been repaired or replaced,
and passed inspection.
(c) The face of every taximeter shall at all times be visible from the taxicab's passenger compartment and
shall be illuminated so passengers may ascertain the amount of fare registered by said taximeter.
(d) No taxicab shall be operated unless the case of the taximeter installed therein has been sealed.
(e) The signal affixed to any taximeter shall under no circumstances indicate that the taxicab is vacant
when in fact such taxicab is engaged by a passenger.
(f) The amount of fare collected from any passenger shall be that amount shown by the taximeter, unless
the passenger is being transported at one(1)of the approved flat fares.All rates must be programmed
into the meter and the meter must be engaged prior to departing.
(g) It shall be a violation of this article for any person to tamper with, mutilate or break any taximeter or
the seal thereon. Taximeters may be transferred from one (1)taxicab to another, provided, however,
that a taxicab with a transferred taximeter shall not be used to transport passengers unless and until
said taximeter has been inspected, tested and sealed by the RER.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 87-12, § 2, 3-17-87; Ord.No. 98-105, § 1, 7-9-98; Ord.
No. 14-10, § 1, 1-29-14; Ord.No. 16-43, § 1, 5-3-16)
Sec.31-87.-Rate regulation.
(A) The provisions of this section shall be the exclusive method for the establishment of taxicab rates
throughout Miami-Dade County. Notwithstanding the provisions of any municipal ordinance, resolution
or agreement to the contrary, from and after the effective date of this article, no municipality shall
authorize, establish, change, alter, amend, or otherwise regulate rates charged by the industry. All
municipal ordinances or resolutions to the contrary are hereby superseded.
Page 24
(B) It shall be unlawful for an operator or chauffeur to collect, require, charge, demand, request or accept
any fare higher than the rates established pursuant to this article. Rates established by this article shall
be applicable through Miami-Dade County,both in the incorporated and unincorporated areas,without
regard to any municipal boundaries. It shall be unlawful to add a surcharge, fee, convenience fee,fare
or any other form of compensation to the fare or rate for the use of a credit card or debit card unless
the County Commission has, to the extent permitted by Florida law, amended the fare schedule by
resolution pursuant to this subsection, to allow for an additional surcharge, fee, convenience fee, fare
or any other form of compensation for the use of a credit or debit-card.
(C) Except as otherwise provided herein, the Board of County Commissioners of Miami-Dade County,
Florida,shall establish all maximum rates for taxicabs operating in Miami-Dade County. From and after
the effective date of this article, maximum rates shall be established, altered, amended, revised,
increased or decreased in accordance with the following procedures:
(1) The RER shall annually investigate and prepare a report concerning the existing maximum rates.
In the case of maximum taxicab rates, said investigation shall specify the relative changes in the
consumer price index("CPI") over the preceding year and shall quantify what rates would be if
the currently approved uniform maximum taxicab meter rates were adjusted for such change.
Such investigation shall also consider any additional matters, or review of special service rates
when requested by the Commission or the Mayor. For ratemaking purposes, the RER will not
consider any costs incurred in the acquisition of a license and political contributions. Costs which
will be considered in rate studies will include vehicle operating, maintenance and repair expenses,
salaries of drivers, dispatchers and supervisors, insurance costs, taxes and license fees, and
administrative and general expenses as prescribed on RER financial and operating report forms.
(2) The RER's report, including proposed rate adjustments reflecting the CPI, shall be forwarded to
the Board of County Commissioners annually.
(3) A public hearing concerning the report regarding maximum rates shall be scheduled annually. At
such hearing, all interested parties shall have an opportunity to be heard. The Board of County
Commissioners shall consider the RER's report and all evidence produced at the hearing and, by
resolution, shall determine and set the appropriate rates which shall be no less than the previous
maximum rates adjusted by the CPI, unless the County Commission finds that no change in rates
or a reduction in rates is in the public interest. Appeals of the Board of County Commissioners'
decision shall be in accordance with the Florida Rules of Appellate Procedure for review of
administrative action.
(4) As part of the rate-making procedure,the Board of County Commissioners may authorize special
service rates such as shared rides, group rides, contract services, prearranged service, services
to an identified segment of the population, flat rates for all licensed vehicles from one (1)point or
area to another, or package delivery.
(5) Other than for trips originating from Miami International Airport or the Port of Miami, operators
may provide service at a rate below the maximum rate.The approved maximum rates, including
flat fares, are the only rates that can be charged by operators transporting persons and their
baggage from Miami International Airport or from the Port of Miami.
(6) The County Commission shall adopt a resolution within ninety (90) days from the effective date
of this ordinance establishing the maximum meter rates and flat fares,where applicable.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 87-12, § 2, 3-17-87; Ord.No. 89-83, § 1, 9-12-89;Ord.
No. 90-141, § 1, 12-6-90; Ord.No. 00-88, § 1, 7-6-00; Ord.No. 00-139, § 1, 11-14-00; Ord.No.
08-71, § 1, 6-3-08; Ord.No. 14-10, § 1, 1-29-14; Ord.No. 14-12, § 1, 1-29-14; Ord.No. 16-43, §
1, 5-3-16)
Annotation—CAO 76-2.
Sec.31-88.-Insurance requirements.
Page 25
(a) No for-hire motor vehicle shall be permitted to operate without the vehicle owner or lessee having first
federal vehicle identification number, a vehicle description and the for-hire license number, and shall
list the for-hire license holder, each chauffeur the entity providing passenger services allows to operate
the vehicle, the passenger service company, where applicable, and the owner of the vehicle as
insureds under an automobile liability insurance policy with limits of liability no less than those required
pursuant to applicable State law. Additionally, the certificate of insurance shall specify coverage for
complete 24-hour vehicle operations for all drivers, 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 for
each for-hire vehicle shall be grounds for revocation of that vehicle's for-hire license.
(b) Scope of insurance. The insurance required in this section shall be issued by an insurer that is a
member of the Florida Insurance Guaranty Association. Insurance coverage shall be for a policy term
of at least six (6) months. 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 an operator furnishes the RER with satisfactory evidence of the required insurance coverage
prior to the expiration of the thirty(30)days' notice specified in subsection (c) of this section, or upon
a third notice of cancellation within twelve (12) months, the for-hire license shall be suspended
forthwith by the Director and surrendered to the RER pending a hearing to determine whether said for-
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) From and after one hundred twenty(120) days after the effective date of this section [June 2, 1989],
all operators shall comply with the amended requirements of this section.
(f) 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.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 87-12, § 2, 3-17-87; Ord.No. 88-34, § 3, 5-3-88; Ord.
No. 89-44, § 1, 5-23-89; Ord.No. 96-114, § 1, 7-16-96; Ord.No. 98-105, § 1, 7-9-98; Ord.No.
16-43, § 1, 5-3-16)
i1;10q Annotation—CAO 85-9.
Sec.31-89.-Vehicle standards.
(a) 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 for-hire motor
vehicles operated under the provisions of this article. It is the operator'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;
Page 26
(a) Chauffeur registration, operating permit number, rate card, passenger advisory and any
additional information as may be required shall be displayed within the vehicle in accordance
with the instructions of the RER.
(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.
(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 vehicle the next day.
(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.
(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 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.
Page 27
(21) Glass shall not be broken or cracked and chips must be capable of being ground out, leaving a
(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 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.
(b) Taxicabs shall meet the following additional standards:
(1) The taxicab number, maximum fares or rates, trade name or business name and passenger
service company's telephone number shall be permanently affixed to the exterior of the vehicle
in accordance with instruction issued by the RER.
(2) Vehicle exterior color scheme must be approved by the RER.
(3) The top and tell-tale lights must be operable. Only taxis shall be equipped with a taximeter or top
tell-tale light.
(4) 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. In no event shall the top and tell-tale lights of a taxicab be obscured.
(5) Taxicabs operated under for-hire licenses issued through the lottery process provided in Section
31-82 shall have a two-way dispatch system installed and operating properly in compliance with
applicable standards and requirements.
(c) Required Technology. Beginning twenty-four(24)months after the effective date of this ordinance,any
taxicab that picks up passengers in Miami Dade County shall be required to have the following required
• technology:
(1) Credit Card Processing System. Each taxicab shall be equipped with an operable back of seat
credit card processing system.
(i) The credit card processing system shall allow the passenger to utilize his or her credit card
in the rear compartment of the taxicab without handing the card to the chauffeur. Said
equipment shall list tips, fares, tolls and fees separately. The credit card payment display
terminal shall be interfaced with the vehicle's taxi meter and shall be programmed to display
all authorized meter and flat fare rates. The meter shall be used for all fares, including flat
fare trips. In the event the credit card processing system is not operational, the chauffeur
shall: (1) immediately notify the RER department of the situation; (2) repair the system and
have it re-inspected within forty eight(48)hours;and(3)notify any passenger that the system
Page 28
is not working,and make available to the passenger a mobile credit card processing system.
If available, the chauffeur shall (a) utilize a mobile credit card processing system which has
the capability to provide a receipt to the passenger and (b) provide each passenger with a
receipt. If the credit card processing system is not repaired within forty-eight(48) hours after
malfunctioning, the chauffeur shall remove the vehicle from service and not pick up
passengers until the system is re-inspected and found to be functional.
(ii) No credit card processing fee, convenience fee, equipment rental fee or any other additional
fees or charges are to be paid by the passenger when using a credit card to pay the fare.A
receipt shall be provided for all trips.All customer receipts shall be generated by a taximeter
or other electronic device and shall contain the date and time that the trip starts,the time the
trip ends, and total distance traveled. The receipt shall also include the fare charged, the
name and telephone number of the passenger service company, the operating permit
number, the chauffeur registration number, and the telephone number and e-mail address
for filing complaints with the RER. Chauffeurs shall be prohibited from refusing to accept
payment by a credit card;
(iii) Any and all credit card service providers shall utilize a paycard or direct deposit system and
establish an account directly witheach chauffeur,that provides for electronic payments.
Payments for taxicab fares shall be credited to a chauffeur's paycard or bank account within
two (2) business days. Only credit card processing systems approved by the RER may be
utilized in taxicabs. The processing of credit card payments shall comply with the Payment
Card Industry Data Security Standard.
(2) Global Positioning Dispatch System. Taxicabs must be integrated with a global positioning
dispatch system capable of determining the location of each taxicab utilizing the system twenty-
four(24) hours a day, three hundred sixty-five (365) days a year. All taxicabs shall have a two-
way dispatch system, installed and operating properly. Notwithstanding any provision to the
contrary, the requirements of this subsection shall not take effect until thirty(30) months after the
effective date of this ordinance;
(3) , SunPass Device. Notwithstanding any provision to the contrary, beginning six (6) months after
the effective date of this ordinance, any taxicab that picks up passengers in Miami Dade County
shall have and utilize a SunPass device where the toll is fixed. Where the "SunPass Only" or
"SunPass Express"toll is not fixed, the chauffeur shall determine whether the passenger desires
to use the "SunPass Only" or "SunPass Express" lane and comply with the wishes of the
passenger;
(4) Digital Security Camera System. Taxicabs shall have an operable digital security camera system
in accordance with the requirements stated in Chapter 31, Section 31-82(o)(7)(iii)of the Code of
Miami-Dade County. Notwithstanding any provision to the contrary, the requirements of this
subsection shall not take effect until thirty(30) months after the effective date of this ordinance;
(5) Warning Lights. Taxicabs shall be equipped with operable warning lights, in accordance with the
requirements stated in Chapter 31-82(o)(7)(v)of the Code of Miami-Dade County for the purpose
of advising others and law enforcement agents that an emergency situation exists within the
vehicle. Notwithstanding any provision to the contrary, the requirements of this subsection shall
not take effect until thirty(30) months after the effective date of this ordinance;
(6) Top Lights. Taxicabs shall be equipped with a"vacant" light attached to the top of the roof or to
the top of the dome light. Such light unit shall be connected to a contact switch attached to the
taximeter, and such contact switch shall operate automatically to illuminate the "vacant" light
when the taximeter is not in operation, indicating the cab is vacant and for hire, and to extinguish
such light when the taximeter is in operation. No person shall drive or operate any taxicab with
such a light illuminated when such taxicab is transporting a passenger.Such top light must utilize
equipment with the requisite wattage to ensure that the top light is visible to passengers and the
public from a reasonable distance.
Except as provided elsewhere in this article, all taxicabs shall be inspected by the RER and shall receive
and be required to display a decal issued by RER demonstrating compliance with technology requirements.
Page 29
(d) Except as provided elsewhere in this article, the RER shall conduct an annual taximeter inspection for
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requirement or prohibition contained in this article other than standards, requirements or prohibitions
relating to taximeters, as provided below.The RER shall charge a fee for such inspections. In addition
to regular inspections,the RER, any police officer or any other authorized personnel may inspect any
for-hire motor vehicle at any time, and may require the driver of said vehicle to stop the vehicle at any
• time, and to permit the inspection of the interior or exterior of the vehicle, and to produce any license,
permit, or document required by this article. The results of each inspection and the date for the next
inspection shall be recorded and a copy provided the operator. Any vehicle failing to meet required
safety standards shall not be operated as a for-hire vehicle until such time as the vehicle satisfactorily
passes a reinspection.The RER shall charge a fee for such reinspection.
(e) Notwithstanding any other provision of this article, from and after ninety(90)days after the conduct of
the lottery process, all taxicabs operated under for-hire licenses issued through the lottery process
provided in Section 31-82 shall comply with the requirements of subsection(5)of subsection(b)of this
section.
(f) Taxicab vehicle age limits and inspection schedules. Taxicab vehicle age limits and frequency of for-
- hire 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 not have been previously used as a taxicab, or have
a"rebuilt"or"salvage"title and shall be no greater than ten (10)model years of age. Any vehicle over
ten (10) model years of age shall not be operated as a taxicab. Notwithstanding the foregoing, any
taxicab:
(1) That operates as a Wheelchair Accessible Cab initially placed into service shall not have been
previously used as a taxicab or have a"rebuilt"or"salvage"title and shall be no greater than ten
(10) model years of age. Any vehicle over ten (10) model years of age shall not operate as a
Wheelchair Accessible Cab;
(g) Reserved.
(h) The County Commission shall,as deemed appropriate,adopt within twelve(12)months of the effective
date of this ordinance a fare increase pursuant to the provisions of section 31-87 in light of the
additional technology requirements mandated by subsection 31-89(c).
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 87-12, § 2, 3-17-87; Ord. No. 89-44, § 1, 5-23-89; Ord.
No. 90-74, § 1, 7-24-90; Ord.No. 94-15, § 3, 1-20-94; Ord.No. 98-105, § 1, 7-9-98; Ord.No.
00-139, § 1, 11-14-00; Ord. No. 03-45, § 1, 3-11-03; Ord.No. 14-08, § 1, 1-29-14; Ord. No. 16-
43, § 1, 5-3-16)
Sec.31-90. -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, 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 operators 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. Notice given to
a chauffeur for a violation involving the vehicle under his control shall be deemed notice to the operator.
(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
Page 30
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.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 87-12, § 2, 3-17-87; Ord.No. 94-15, § 3, 1-20-94; Ord.
No. 98-105, § 1, 7-9-98; Ord.No. 16-43, § 1, 5-3-16)
Sec. 31-91.-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, for-hire licenses, passenger service company
registrations, operating permits, and chauffeur registrations shall be subject to suspension or
revocation by the Director as follows:
(1) Upon the Director's determination that:
(i) The license, registration or permit holder has pled nolo contendere, pled guilty, been found
guilty or been convicted (regardless of whether adjudication has been withheld) of any
criminal offense which would preclude the issuance of the license, registration or permit as
provided in this chapter,
(ii) The license,registration or permit was obtained by an application in which any material fact
was omitted or falsely stated;
(iii) The license, registration or permit 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 chauffeur has failed any drug test required by the Code or state or federal law; or
(vi) A taxicab renewal application does not comply with the requirements of this chapter,
(vii) Any for-hire motor vehicle has been operated in violation of any of the provisions 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 for-hire license holder, passenger service company registration holder, and
for-hire chauffeur 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.
(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
Page 31
an administrative hearing shall be treated as an admission of the violation and the Director's
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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 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 from 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 proper performance
of his or her duties.
(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.
(I) 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
Page 32
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 from the date of the hearing officers
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 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 officers findings pursuant to Section 31-91(c)(6).
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 officers 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.
(b) Unless the findings of the hearing officer are overturned in a proceeding held pursuant to
section 31-91(c)(6), all findings of the hearing officer shall be admissible in any further
proceeding to compel compliance with the Directors 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.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 88-118, § 2, 12-6-88; Ord.No. 98-105, § 1, 7-9-98; Ord.
No. 16-43, § 1, 5-3-16)
Sec.31-92.-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 for-hire license holder, registered
passenger service company,driver certified by a for-hire license holder or passenger service company
or registered chauffeur 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 for-hire
license, passenger service company registration, operating permit , driver certification, vehicle
certification, as described elsewhere in this article and chauffeur registration and all for-hire operations
Page 33
shall cease until such fine is paid in full. If a person commits five (5)violations of the same section of
company registration, operating permit , driver certification, vehicle certification or chauffeur's
registration shall be automatically revoked. If a person commits five(5)violations of this chapter during
any twelve-month period, such person's for-hire license, passenger service company registration,
operating permit,driver certification,vehicle certification or chauffeur's registration shall be suspended
for a period of no less than six(6) months or revoked. Notwithstanding any provision to the contrary:
(i) if a person commits one (1) violation of Section 31-82(j)(12), 31-303(i)(4) or 31-304(10), such
person's chauffeur's registration or driver certification shall automatically be suspended for a period of
thirty (30) days; (ii) if a person commits a second violation of Section 31-82(j)(12), 31-303(i)(4) or 31-
304(10) or any combination thereof, such person's chauffeur's registration or driver certification shall
automatically be suspended for a period of sixty(60)days; and(iii)if a person commits a third violation
of Section 31-82(j)(12), 31-303(i)(4) or 31-304(10) or any combination thereof, such person's
chauffeur's registration or driver certification shall automatically be suspended for a period of five (5)
years. Notwithstanding any provision to the contrary, if a person commits two(2)violations of Section
31-303(i)(23), such person's chauffeur's registration or driver certification shall be suspended for a
period of no less than six(6) months or revoked. Notwithstanding any provision to the contrary: (i) if a
person commits one (1) violation of Section 31-303(i)(7), such person's chauffeur's registration or
driver certification shall automatically be suspended for a period of thirty (30) days; (ii) if a person
commits a second violation of Section 31-303(I)(7), such person's chauffeur registration or driver
certification shall automatically be suspended for a period of sixty (60) days; and (iii) if a person
commits a third violation of Section 31-303(i)(7), such person's chauffer's registration or driver
certification shall be automatically suspended for a period of five(5)years.
(b) Failure to correct items recorded on a deficiency report by the time of deadline shall cause a citation
to be issued for each such item. Citations shall be issued under Chapter 8CC of the Code.
(c) Any person who is found guilty on at least two (2) prior occasions within a three-year period of
advertising or providing for-hire transportation, passenger services, or driving or operating a for-hire
vehicle without having a valid, current for-hire license, passenger service company registration,
operating permit, driver certification, vehicle certification or chauffeur's registration as required by this
chapter shall be punishable by fines of greater than five thousand dollars($5,000.00)but less than ten
thousand dollars($10,000.00)and/or imprisonment not to exceed forty-five(45) days.
(d) 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 empowered to dispose of the case and fines
assessed through the normal procedure.
(e) Anyone who engages a for-hire vehicle with intent to defraud the chauffeur, certified driver or operator
shall be in violation of this article and subject to a fine of five hundred dollars ($500.00) and/or
imprisonment not to exceed ten (10) days.
(f) Any person who is found guilty of signing an application for issuance, renewal, modification,
assignment, sale or transfer of a for-hire license, passenger service company registration, chauffeur
registration driver certification,vehicle certification or operating permit which falsely states any material
fact shall be punished by a fine of one thousand dollars ($1,000.00) and imprisonment in the County
Jail for thirty(30)days.
(g) A passenger service company or for-hire license holder who suspends or revokes a driver certification
pursuant to this section shall notify the Department utilizing a form provided by the Department. The
Department shall notify each passenger service company and for-hire license holder upon receipt of
the above referenced form.
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 87-12, § 2, 3-17-87; Ord.No. 89-44, § 1, 5-23-89; Ord.
No. 90-74, § 1, 7-24-90; Ord.No. 94-15, § 3, 1-20-94; Ord.No. 98-105, § 1, 7-9-98; Ord.No.
07-149, § 1, 10-2-07; Ord.No. 10-35, § 1, 6-3-10; Ord.No. 14-08, § 1, 1-29-14; Ord.No. 14-10,
§ 1, 1-29-14; Ord.No. 16-43, § 1, 5-3-16)
Sec.31-93.-Special provisions.
Page 34
(a) The provisions of this article shall be the exclusive regulations applicable to the provision of and
operation of for-hire motor vehicle transportation services in Miami-Dade County. Notwithstanding the
provisions of any municipal ordinance, resolution or agreement to the contrary, from and after the
effective date of this article no municipality shall authorize, establish, change, alter, amend, or
otherwise regulate for-hire 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) Ambassador Cabs. Any taxicab licensed pursuant to Section 31-82 of this article and meeting all
standards set forth in Section 31-89 of this article shall seek and receive authorization to provide
transportation of persons and their baggage from Miami International Airport and from the Port of
Miami.The transportation of persons and baggage from Miami International Airport or from the Port of
Miami shall constitute an agreement by the operator that he/she/it will conform and cause the chauffeur
driving such taxicab to conform to such terms, conditions, and fees. Notwithstanding any provision to
the contrary, any taxicab for-hire license holder who seeks authorization to pick-up passengers at
Miami International Airport and the Port of Miami utilizing his/her/its taxicab shall be required to register
with the RER and comply with and abide by the standards set forth below. Taxicabs authorized to
provide taxicab service at Miami International Airport and the Port of Miami shall be designated as
Ambassador Cabs.For purposes of this Article,the Miami Intermodal Center(MIC)shall be considered
part of Miami International Airport, and all taxicabs which provide taxicab service from the MIC shall
be subject to all provisions governing taxicab service at Miami International Airport. Twelve (12)
months after the effective date of this ordinance, all taxicabs transporting persons and their baggage
from Miami International Airport or from the Port of Miami shall be registered as Ambassador Cabs.
Ambassador Cabs shall comply with the following requirements:
(1) Credit Card Processing System. Each Ambassador Cab shall be equipped with an operable back
of seat credit card processing system.
(i) The credit card processing system shall allow the passenger to utilize his or her credit card
in the rear compartment of the taxicab without handing the card to the chauffeur. Said
equipment shall list tips, fares, tolls and fees separately. The credit card payment display
terminal shall be interfaced with the vehicle's taximeter and shall be programmed to display
all authorized meter and flat fare rates. The meter shall be used for all fares, including flat
fare trips. In the event the credit card processing system is not operational, the chauffeur
shall: (1) immediately notify the RER department of the situation; (2) repair the system and
have it re-inspected within forty-eight (48) hours; and (3) notify any passenger that the
system is not working, and make available to the passenger a mobile credit card processing
system. If available, the chauffeur shall (a) utilize a mobile credit card processing system
which has the capability to provide a receipt to the passenger and (b) provide each
passenger with a receipt. If the credit card processing system is not repaired within forty-
eight (48) hours after malfunctioning, the chauffeur shall remove the vehicle from service
and not pick up passengers at Miami International Airport or the Port of Miami until the
system is re-inspected and found to be functional.
(ii) No credit card processing fee,convenience fee, equipment rental fee or any other additional
fees or charges are to be paid by the passenger when using a credit card to pay the fare. A
receipt shall be provided for all trips.All customer receipts shall be generated by a taximeter
or other electronic device and shall contain the date and time that the trip starts,the time the
trip ends, and total distance traveled. The receipt shall also include the fare charged, the
name and telephone number of the passenger service company, the operating permit
number, the chauffeur registration number, and the telephone number and e-mail address
for filing complaints with the RER. Chauffeurs shall be prohibited from refusing to accept
payment by a credit card.
(iii) Any and all credit card service providers shall utilize a paycard or direct deposit system and
establish an account directly with each chauffeur that provides for electronic payments.
Payments for taxicab fares shall be credited to a chauffeur's paycard or bank account within
two (2) business days. Only credit card processing systems approved by the RER may be
Page 35
utilized in taxicabs. The processing of credit card payments shall comply with the Payment
Data-
(2) Global Positioning Dispatch System. Ambassador Cabs must be integrated with a global
positioning dispatch system capable of determining the location of each taxicab utilizing the
system twenty-four(24) hours a day, three hundred sixty-five(365)days a year. All Ambassador
Cabs shall have a two-way dispatch,system, installed and operating properly. Notwithstanding
any provision to the contrary,the requirements of this subsection shall not take effect until twenty-
four(24) months after the effective date of this ordinance;
(3) SunPass Device. Notwithstanding any provision to the contrary, beginning six (6) months after
the effective date of this ordinance, any Ambassador Cab that picks up passengers in Miami
Dade County shall have and utilize a SunPass device where the toll is fixed.Where the"SunPass
Only"or"SunPass Express"toll is not fixed, the chauffeur shall determine whether the passenger
desires to use the"SunPass Only"or"SunPass Express" lane and comply with the wishes of the
passenger,
(4) Digital Security Camera System. Ambassador Cabs shall have an operable digital security
camera system in accordance with the requirements stated in Chapter 31, Section 31-82(o)(7)(iii)
of the Code of Miami-Dade County. Notwithstanding any provision to the contrary, the
requirements of this subsection shall not take effect until twenty-four (24) months after the
effective date of this ordinance;
(5) Warning Lights.Ambassador Cabs shall be equipped with operable warning lights, in accordance
with the requirements stated in Chapter 31-82(o)(7)(v) RER of the Code of Miami-Dade County
for the purpose of advising others and law enforcement agents that an emergency situation exists
within the vehicle. Notwithstanding any provision to the contrary, the requirements of this
subsection shall not take effect until twenty-four (24) months after the effective date of this
ordinance;
(6) Top Lights. Ambassador Cabs shall be equipped with a "vacant" light attached to the top of the
roof or to the top of the dome light Such light unit shall be connected to a contact switch attached
to the taximeter, and such contact switch shall operate automatically to illuminate the "vacant"
light when the taximeter is not in operation, indicating the cab is vacant and for hire, and to
extinguish such light when the taximeter is in operation. No person shall drive or operate any
taxicab with such a light illuminated when such taxicab is transporting a passenger. Such top tail
light must utilize equipment with the requisite wattage to ensure that the top tail light is visible to
passengers and the public from a reasonable distance;
(7) Vehicle Decal.Ambassador Cab shall have a special"Ambassador Cab"decal designated by the
Department displayed on the vehicle. Such decal shall be placed in the manner and place as
directed by the Department Ambassador Cabs shall not be permitted to pick up passengers at
either Miami International Airport or the Port of Miami without the required decal;
(8) Vehicle Age Requirements and Standards.Any Ambassador Cab initially placed into service shall
not have been previously used as a taxicab, or have a"rebuilt'or"salvage"title, and shall be no
greater than ten (10) model years of age. Any vehicle over ten (10) model years of age shall not
operate as a taxicab at either Miami International Airport or the Port of Miami.
Notwithstanding any provision to the contrary, any taxicab that is initially placed in service within
twelve(12)months of the effective date of this ordinance,may continue to operate until the taxicab
has reached ten (10) model years of age. At the expiration of ten (10) model years, each taxicab
shall be required to adhere to the vehicle age requirements mandated by this subsection;
(9) Vehicle Age Requirements and Standards for Wheelchair Accessible Cabs. Any Wheelchair
Accessible Ambassador Cab initially placed into service shall not have been previously used as
a Wheelchair Accessible Cab, or have a "rebuilt" or"salvage" title and shall be no greater than
ten (10) model years of age.Any vehicle over ten (10) model years of age shall not operate as a
Wheelchair Accessible Cab at either Miami International Airport or the Port of Miami;
(10) Cgmpliance with Other Provisions. Ambassador Cabs shall at all times be in compliance with
Chapter 31 of the Code of Miami Dade County.
Page 36
Any Ambassador Cab that is also an alternative fuel vehicle, as defined in section 403.42(2)(b), Florida
Statutes, shall have priority access to the Miami International Airport terminal and the Port of Miami terminal
to pick up passengers.
Any Ambassador Cab that has met all the requirements of the Ambassador Cab program and is designated
as an Ambassador Cab within 180 days after the effective date of this ordinance shall have priority access
to the Miami International Airport terminal and the Port of Miami terminal to pick up passengers until all
provisions of this ordinance are mandated.
The County Commission shall, as deemed appropriate, adopt within twelve (12) months of the effective
date of this ordinance a fare increase pursuant to the provisions of section 31-87 in light of the additional
technology requirements mandated by subsection 31-93(b).
(c) Underserved taxicab service area.
(1) An underserved taxicab service area is hereby established. For purposes of this subsection, an
"underserved taxicab service area" means the economically disadvantaged area in Miami-Dade
County that is bounded as follows:
1. On the north by a line commencing at N.W. 47th Avenue and N.W.215th Street running east
to N.E.2nd Avenue;
2. On the east by a line commencing at N.W.215th Street and running north to south along N.E.
2nd Avenue to N.W. 7th Street;
3. On the south by a line commencing at N.E. 2nd Avenue and running west along 7th Street to
N.W. 42nd Avenue; and
4. On the west by a line commencing at N.W. 7th Street and N.W. 42nd Avenue north to N.W.
119th Street, west along N.W. 119th Street to N.W. 47th Avenue, north along 47th Avenue to
N.W. 135th Street, west along 135th Street to N.W. 57th Avenue, north along 57th Avenue to
N.W. 167th Street,east along N.W. 167th Street to N.W.47th Avenue,north along 47th Avenue
to N.W. 215th Street.
For purposes of this subsection, an "underserved area taxicab" means a taxicab where: (a) the
for-hire license holder has entered into a passenger service company agreement with a
passenger service company that has its principal place of business within the underserved taxicab
service area; (b) an average minimum of seventy-five (75) percent of all pickups by the taxicab
during each twenty-four hour period originate in the underserved taxicab service area; and(c)the
for-hire license holder has applied for and been designated by the Director of RER as an
underserved area taxicab. Any for-hire license holder who seeks to be designated as an
underserved area taxicab shall complete and submit a form provided by RER documenting
compliance with the provisions of this subsection for the three-month period preceding
submission of the application. Each for-hire license holder authorized to operate as an
underserved area taxicab shall on a semiannual basis submit on a form provided by RER
documentation demonstrating continuing compliance with the requirements of this subsection.
Failure of the underserved area taxicab for-hire license holder to comply with any of the provisions
of this subsection shall result in the suspension or revocation of authorization to operate as an
underserved area taxicab. All taxicabs operated pursuant to this subsection that were, as of
March 14, 2007, equipped with a properly installed and operating two-way dispatch system shall
continue to utilize and maintain the two-way dispatch system which shall be operated twenty-four
hours a day.
(2) Underserved area for-hire taxicab licenses shall be issued through a separate lottery pursuant to
Section 31-82(o)(3)to qualified chauffeurs who satisfy the criteria of Section 31-82(q)and enter
into a binding agreement with the County that contains, among others, the following provisions:
(i) the chauffeur is restricted to picking up passengers in an underserved taxicab service area
only; and (ii) the chauffeur shall enter into a passenger service company agreement with a
passenger service company which has its principal place of business in an underserved taxicab
service area. The price for an underserved taxicab area for-hire license issued pursuant to a
lottery shall be fifteen thousand dollars($15,000.00).
Page 37
(3) Notwithstanding any provision to the contrary, all underserved area taxicab for-hire licenses
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ordinance and shall be subject to all of the requirements of this article.
(d) South Miami-Dade taxicab service area. A South Miami-Dade taxicab service area is hereby
established. For purposes of this subsection, the South Miami-Dade taxicab service area means the
area located south of S.W.88 Street. South Miami-Dade taxicab service area for-hire taxicab licenses
shall be issued through a separate lottery, pursuant to Section 31-82(o)(2), to qualified chauffeurs who
satisfy the criteria of Section 31-82(q) and enter into a binding agreement with the County that the
chauffeur is restricted to picking up passengers in the South Miami-Dade taxicab service area only.
The price for a South Miami-Dade taxicab service area for-hire license issued pursuant to a lottery
shall be fifteen thousand dollars ($15,000.00). All taxicabs operated pursuant to this subsection that
were, as of March 14,2007, equipped with a properly installed and operating two-way dispatch system
shall continue to utilize and maintain the two-way dispatch system which shall be operated twenty-four
(24) hours a day. Notwithstanding any provision to the contrary, all South Miami-Dade area taxicab
for-hire licenses issued by the County shall be allowed to operate countywide after the effective date
of this ordinance and shall be subject to all of the requirements of this article.
(e) Notwithstanding the vehicle age limits required by Sections 31-82(1)(4), 31-89(f) and 31-93(c)(3) of
the Code, any properly permitted and inspected taxicab scheduled for retirement on December 31,
2012 shall be allowed to be operated for an additional one-year period. Notwithstanding the vehicle
age limits required by Sections 31-82(1)(4), 31-89(f) and 31-93(c)(3) of the Code, any properly
permitted and inspected model year 2005 taxicab scheduled for retirement on December 31, 2013
shall be allowed to be operated until June 30,2014. Notwithstanding the vehicle age limits required by
Sections 31-82(1)(4), 31-89(f), 31-93(b)(8)-(9) and 31-93(c)(3) of the Code, any properly permitted
and inspected taxicab scheduled for retirement on December 31,2015 shall be allowed to be operated
until December 31, 2017.
(f) In lieu of obtaining a chauffeur's registration pursuant to Article V of this Chapter, a for-hire taxicab
license holder or passenger service company shall have the option to authorize a person to operate a
taxicab as a certified driver upon the streets of Miami-Dade County only upon certification by the for-
hire taxicab license holder or passenger service company that the individual has met the requirements
of Section 31-303,with the exception of specified courses,and oral,written and physical examinations
required by Article V, after the for-hire taxicab license holder or passenger service company has
conducted a local, state, and national criminal background check through a Department approved
agency. The background check shall include a social security trace and a review of all criminal records
in all Florida counties in which the background check conducted in accordance with Section 31-303 of
Article V, Chapter 31 of the Miami-Dade County Code reveals that the individual has ever committed
a crime, as well as a review of all criminal records in any county where the individual has resided in
the last seven (7)years. The background check shall include federal court records through the Public
Access to Court Electronic Records ("PACER") system, NATCRIM or similar multistate and
multijurisdictional criminal databases, state and national sex offender databases, and driving history
research report.
1. In order to be authorized by a for-hire taxicab license holder or passenger service company, an
individual shall submit an application to the for-hire taxicab license holder or passenger service
company that includes, at minimum, information regarding his or her address, age, driver license
and driving history.
2. In addition to screening a prospective driver in accordance with the criteria set forth in this article,
a for-hire taxicab license holder or passenger service company may not authorize an individual
to operate if the background check required under this section reveals that the individual has
been convicted, within the last three(3)years, of more than three(3) moving violations or driving
on a suspended, revoked, or invalid license.
3. Prior to authorizing any individual to operate pursuant to this provision, a for-hire taxicab license
holder or passenger service company shall issue to that individual a credential, which provides
the name of the authorized driver, the date the credential was issued, the date that the credential
will expire and a photograph of the authorized driver.
Page 38
4. An authorization or credential issued pursuant to this section shall be valid for no more than one
(1)year.
5. At all times when operating a taxicab, an authorized driver shall display in such vehicle the
credential issued by the for-hire taxicab license holder or passenger service company and make
this credential available for inspection by RER or any code enforcement officer at all times while
operating a taxicab.
6. Upon receipt of information that an individual no longer meets the requirements of Section 31-
303 of Article V, Chapter 31 of the Code of Miami-Dade County,the for-hire taxicab license holder
or passenger service company shall immediately revoke the credential issued to the driver and
notify the individual that he or she is no longer authorized to operate a taxicab.
7. It shall be unlawful for a for-hire taxicab license holder or passenger service company to authorize
a person to drive on the streets of Miami-Dade County or issue a credential to any individual who
does not meet the requirements of this section.
8. A for-hire taxicab license holder or passenger service company may not authorize any individual
pursuant to this article who has been denied a chauffeur's registration by the Department within
one (1) year of the date of denial.
9. A certified driver shall comply with all requirements applicable to chauffeurs and shall be subject
to all of the penalties provided for in this article and in Section 8CC-10.
10. A for-hire taxicab license holder or passenger service company that certifies its drivers pursuant
to this section shall notify RER promptly if it begins using a multistate or multijurisdictional
database that is different than the database it utilized when it began certifying drivers. If RER
determines that the new database does not comply with this article, the for-hire taxicab license
holder or passenger service company shall, upon notice, immediately cease using that database
to authorize drivers and may only resume authorizing drivers if it utilizes the database that it used
when it obtained a license or obtains the RER's approval to use a new database.
(g) In lieu of obtaining an operating permit and vehicle inspection decal issued by RER, a for-hire taxicab
license holder or passenger service company shall have the option to certify that such vehicle complies
with the requirements of Section 31-89 of this Chapter. Before any vehicle may be operated under the
authority of such for-hire taxicab license, the for-hire taxicab license holder or passenger service
company shall ensure that each such vehicle has a safety inspection conducted by an American
Advanced Technicians Institute ("AATI") or National Institute for Automotive Service Excellence
("ASE")certified master mechanic or automobile technician at a licensed or state-registered auto repair
shop and that proof of inspection for each such vehicle, in the form required by RER, has been
submitted to the for-hire taxicab license holder or passenger service company and is available for
inspection.
1. The for-hire taxicab license holder or passenger service company shall maintain records of all
vehicle inspections for at least three years and provide proof of such inspections upon request by
RER or any code enforcement officer.
2. Upon request by RER or any individual authorized by the Director, a chauffeur shall provide
documentation demonstrating that the taxicab has been inspected pursuant to Section 31-89.
3. It shall be unlawful for a for-hire taxicab license holder or passenger service company to permit
or to allow a vehicle to operate on the streets of Miami-Dade County which has not been certified
in accordance with the provisions of this article.
4. Any mechanic or technician who provides false information on an inspection form required
pursuant to this section shall not be allowed to certify additional taxicab vehicles to be operated
in Miami-Dade County.A passenger service company or for-hire license holder,where applicable,
that fails or does not follow the requirements of this section is subject to revocation or suspension
of its license pursuant to Section 31-91. RER shall periodically distribute its list of prohibited
mechanics to all passenger service companies and for-hire license holders. Any inspection
conducted by a prohibited mechanic shall be deemed invalid.
Page 39
(h) If a passenger service company or for-hire license holder elects to self-certify vehicles and/or drivers,
...
vehicles and/or drivers
(Ord.No. 81-85, § 3, 7-21-81; Ord.No. 81-116, § 1, 10-26-81; Ord.No. 83-2, § 1, 1-18-83; Ord.
No. 84-17, § 1, 2-2-84; Ord.No. 85-40, § 2, 6-6-85; Ord.No. 88-70, § 1, 7-19-88; Ord.No. 88-
118, § 2, 12-6-88; Ord.No. 90-7, § 1, 2-6-90; Ord. No.98-105, § 1, 7-9-98; Ord.No. 99-71, § 1,
6-22-99; Ord.No. 01-177, § 1, 10-23-01; Ord.No. 04-103, § 1, 5-11-04; Ord.No. 07-60, § 1, 4-
. 24-07; Ord.No. 11-11, § 1, 3-1-11; Ord.No. 11-102, § 1, 12-19-11; Ord.No. 12-65, § 1, 9-6-12;
Ord.No. 12-68, § 1, 9-6-12; Ord.No. 14-09, § 1, 1-29-14; Ord.No. 14-11, § 1, 1-29-14; Ord.
No. 16-18, § 1, 2-2-16; Ord.No. 16-43, § 1, 5-3-16)
Sec. 31-94.-Seizure,impoundment and forfeiture.
(A) Seizure. Police officers or such other employees as may be designated by the County Mayor are
authorized to seize and impound any for-hire motor vehicle which such officer or employee has
probable cause to believe is being operated in violation of Section 31-82(a)of Article II of Chapter 31
of the Miami-Dade County Code.A vehicle seized in accordance with this subsection shall be removed
to a designated secured facility.
(B) Notice of seizure.
(1) Within twenty-four (24) hours of a seizure, as described in Section 31-94(A), a police officer or
other designated County employee shall make a diligent search and inquiry as to the owner's
name and address and make a good faith effort to give a notice of seizure in writing to said vehicle
owner of the fact of such seizure, the grounds for seizure, identification of the seized vehicle and
information concerning these regulations and the designated secured facility to which the vehicle
was or will be taken. A copy of said notice of seizure shall also be given to the proprietor of such
secured facility.
(2) Whenever an officer or designated employee seizes a vehicle under this section, and does not
know and is not able to ascertain the name of the owner, or for any other reason is unable to give
the notice to the owner as hereinabove provided, then and in that event the officer or designated
employee shall immediately send or cause to be sent a written report of such removal by mail to
the Motor Vehicle Commissioner of the Miami-Dade Police Department.
(C) Vehicle impoundment hearing. Whenever the owner of record of a vehicle seized pursuant to this
section makes a request of the RER in person and in writing for a vehicle impoundment hearing within
ten(10)days of seizure exclusive of Saturdays, Sundays and legal holidays, a magistrate,as provided
in F.S. § 318.32, a County Court Judge or a Hearing Examiner, who shall not have responsibility for
the enforcement of this article and who shall be designated by the RER Director, shall conduct the
hearing within twenty-four (24) hours or as soon as practicable, excluding Saturdays, Sundays and
legal holidays.All interested persons shall be given reasonable opportunity to be heard at the vehicle
impoundment hearing.The formal rules of evidence will not apply at the hearing,and hearsay evidence
shall be admissible. If, after the hearing, the Magistrate, County Court Judge or Hearing Examiner
determines that there is no probable cause to believe that the vehicle is subject to seizure and
impoundment under subsection (A), the Magistrate, County Court Judge or Hearing Examiner shall
order the immediate return of the vehicle. If, after the hearing, the Magistrate, County Court Judge or
Hearing Examiner determines that there is probable cause to believe that the vehicle is subject to
seizure and impoundment under subsection (A), the Magistrate, County Court Judge or Hearing
Examiner shall order the continued impoundment of the vehicle as provided in this section unless the
owner of the vehicle(1)posts with the court or RER a cash bond in the amount of the maximum fine(s),
plus any applicable towing and storage fees, or(2) pleads guilty or nolo contendere and pays in full
any towing and storage fees plus the fine(s). Notwithstanding the foregoing, if, after the hearing, it is
determined that there is probable cause to believe that the vehicle is subject to forfeiture proceedings
pursuant to Section 31-94(G), said vehicle shall not be released.
Page 40
(D) Hearing regarding Code violation charged in field enforcement report and/or complaint/arrest affidavit.
Within ten (10) days after a vehicle is seized and impounded pursuant to this section or as soon as
practicable, the RER and/or the Clerk's Office shall notify by certified mail, return receipt requested,
the owner of record of the date, time and location of a hearing that will be conducted regarding the
Code violations charged in the field enforcement report the complaint/arrest affidavit or other charging
instrument. The hearing shall be conducted within thirty (30) days after the vehicle was seized or as
soon as practicable. The hearing shall be conducted by a magistrate, county court judge or hearing
examiner.All interested persons shall be given a reasonable opportunity to be heard at the hearing.
(E) Decisions at hearing.
(1) If the Magistrate, County Court Judge or Hearing Examiner dismisses the Code violation(s)
charged in the field enforcement report, complaint/arrest affidavit or other charging document
and/or finds the person charged not guilty, the Magistrate, County Court Judge or hearing
examiner shall issue an order for release of the seized vehicle without removal and storage fees.
(2) If the Magistrate, County Court Judge or Hearing Examiner finds a violation of the Code, the
Magistrate, County Court Judge or Hearing Examiner shall assess a fine and/or jail sentence as
provided in Section 31-92 of.the Code, and removal and storage fees. The fine(s), if any, and
removal and storage fees must be paid in order to obtain an order for release of the seized vehicle.
A Magistrate, County Court Judge or Hearing Examiner shall not issue an order releasing the
vehicle where said vehicle is subject to forfeiture proceedings pursuant to Section 31-94(G).
(3) If the owner does not obtain the vehicle by the date specified in the order of release, the owner
shall be responsible for any further storage fees, and payment of such fees shall be made before
the release of the vehicle.
(4) A vehicle shall not be released from storage prior to the scheduled hearing specified in this
subsection if the vehicle is subject to forfeiture pursuant to Section 31-94(G)of the Code.
(5) Default hearing. If the owner of the seized vehicle fails to appear for the hearing specified in
Section 31-94(D), a default hearing will be held. A Magistrate, County Court Judge, or Hearing
Examiner shall make a determination pursuant to paragraph(1)or(2)of this subdivision (E). The
RER will inform the respondent of the default determination by certified mail, return receipt
requested. The information mailed to the owner shall include the provisions of Section 31-94
herein concerning abandoned vehicles. The respondent may comply with the default
determination within seven (7) calendar days of such mailing or move to vacate such default
determination. In the event that such default determination is vacated, the respondent shall be
entitled to a hearing de novo on the original complaint/arrest affidavit,field enforcement report or
other charging document. Such hearing shall be schedule within ten (10) working days of the
order vacating the default determination or as soon as practicable.
(F) Appeals. If a violation of Section 31-82(a) of the Code is found, the assessed fine(s) together with
removal and storage fees must be paid in order to appeal. However, if the vehicle is the subject of a
forfeiture proceeding pursuant to Section 31-94(G)of the Code, only the fine, if any, must be paid in
order to appeal. If upon appeal the decision is reversed in whole or part, the appellant shall receive a
refund of the relevant fine(s) and fees.
(G) Forfeiture.
(1) Forfeiture. In addition to the penalties set forth in Sections 31-91 and 31-92 of the Code, any for-
hire motor vehicle used to commit three(3) or more violations of Section 31-82(a)of the Code on
at least three (3) separate occasions within a thirty-six (36) month period, where all of such
violations were committed on or after the effective date of this ordinance shall be subject to
forfeiture upon notice and judicial determination.
(2) Determination by the RER Director. The Director of the RER shall determine whether to pursue
the remedy of forfeiture. Miami-Dade County shall not use the seized vehicle for any purpose until
the rights to, interest in, and title to the seized property are perfected in accordance with this
section.This section does not prohibit use or operation necessary for reasonable maintenance of
seized vehicles..Reasonable efforts shall be made to maintain seized vehicles in such a manner
as to minimize loss of value.
Page 41
(3) Vehicles subject to forfeiture may be seized provided that the owner is notified at the time of the
preliminary hearing after the seizure to determine whether probable cause exists to believe that
such vehicle has been used to commit three (3) or more violations of Section 31-82(a) of the
Code on at least three (3) separate occasions within a thirty-six(36) month period, where all of
such violations were committed on or after the effective date of this ordinance. The RER or other
authorized law enforcement agencies shall make a diligent effort to notify the owner of the seizure.
Notice provided by certified mail must be mailed within five (5) working days of the seizure and
shall state that the owner may request an adversarial preliminary hearing within fifteen (15)days
of receiving such notice. When a post-seizure adversarial preliminary hearing as provided herein
is requested, it shall be held within ten (10) days after the request or as soon as practicable. If
the court determines that the required probable cause exists, the court shall order the property
restrained by the least restrictive means to protect against disposal, waste, or continued illegal
use pending disposition of the forfeiture proceeding. If the court orders the release of the vehicle,
all fines, if any, and towing and storage fees shall be paid prior to release.
(4) Neither replevin nor any other action to recover any interest in such property shall be maintained
in any court, except as provided in this section; however, such action may be maintained if
forfeiture proceedings are not initiated within forty-five (45) days after the date of seizure.
However, if good cause is shown, the court may extend the aforementioned prohibition to sixty
(60) days.
(5) The court shall order the forfeiture of any other property of a claimant of a vehicle, excluding
lienholders, up to the value of the vehicle subject to forfeiture under this section if the vehicle:
(a) Cannot be located;
(b) Has been transferred to, sold to, or deposited with, a third party;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by any act or omission of the person in
possession of the property; or
(e) Has been commingled with any property which cannot be divided without difficulty.
(6) Exceptions.
(a) No vehicle shall be forfeited under the provisions of this section if the owner of such vehicle
establishes by a preponderance of the evidence that she or he neither knew, nor should
have known after a reasonable inquiry, that such vehicle was being used or was likely to be
used in violation of Section 31-82(a)of the Code.
(b) No bona fide lienholder's interest shall be forfeited under the provisions of this section if such
lienholder establishes by a preponderance of the evidence that she or he neither knew, nor
should have known after a reasonable inquiry, that such property was being used or was
likely to be used in violation of Section 31-82(a) of the Code, that such use was without his
or her expressed or implied consent, and that the lien had been perfected in the manner
prescribed by law prior to such seizure.
(c) No vehicle which is rented or leased from a company engaged in the business of renting or
leasing vehicles shall be forfeited under the provisions of this section if the company
establishes by a preponderance of the evidence that it neither knew, nor should have known,
that the vehicle was being used or was likely to be used in violation of Section 31-82(a) of
the Code.When a vehicle which is rented or leased from a company engaged in the business
of renting or leasing vehicles is seized under this section, upon learning the address or phone
number of said company, the RER shall, as soon as practicable, inform said company that
the vehicle has been seized.
(d) Any interest in, title to, or right to a vehicle titled or registered jointly by the use of the
conjunctives"and,""and/or,"or"or" held by a co-owner shall not be forfeited if the co-owner
establishes by a preponderance of the evidence that such co-owner neither knew, nor had
reason to know, after reasonable inquiry, that such property was used or was likely to be
Page 42
used in violation of Section 31-82(a) of the Code. When the interests of each culpable co-
owner are forfeited, any remaining co-owners shall be afforded the opportunity to purchase
the forfeited interest in, title to, or right to the property from Miami-Dade County. If any
remaining co-owner does not purchase such interest, Miami-Dade County may hold the
property in co-ownership, sell its interest in the property, liquidate its interest in the property,
or dispose of its interest in the property in any other reasonable manner.
(7) Forfeiture proceedings.
(a) It is the policy of Miami-Dade County that the provisions of this section are adopted to deter
and prevent the continued use of for-hire motor vehicles to violate Section 31-82(a) of the
Code while protecting proprietary interests of innocent owners and lienholders and to
authorize the use of the proceeds collected under this section as supplemental funding for
enforcement purposes.
(b) The Florida Rules of Civil Procedure shall govern forfeiture proceedings under this section
unless otherwise specified herein.
(c) Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is
waived by the claimant of the vehicle through a written waiver or on the record before the
court conducting the forfeiture proceeding.
(d) Miami-Dade County shall promptly proceed against the vehicle by filing a compliant in the
circuit court.
(e) (i)
The complaint shall be styled "in RE: FORFEITURE OF " (followed by the
name or description of the vehicle). The complaint shall contain a brief jurisdictional
statement,a description of the subject matter of the proceeding, and a statement of the facts
sufficient to state a cause of action that would support a final judgment of forfeiture. The
complaint must be accompanied by a verified supporting affidavit.
(ii) If no person entitled to notice requests an adversarial preliminary hearing, as provided
in Section 31-94(G)(3), the court, upon receipt of the complaint, shall review the
complaint and the verified supporting affidavit to determine whether there was probable
cause for the seizure. Upon a finding of probable cause the court shall enter an order
showing the probable cause finding.
(iii) The court shall require any claimant of a vehicle who desires to contest the forfeiture to
file and serve upon the attorney representing Miami-Dade County any responsive
pleadings and affirmative defenses within twenty(20)days after receipt of the complaint
and probable cause finding.
(f) (I)
Miami-Dade County shall serve notice of the forfeiture complaint by certified mail, return
receipt requested, to each person having a security interest in the vehicle. Miami-Dade
County shall also publish notice of the forfeiture complaint twice each week for two (2)
consecutive weeks in a newspaper of general circulation in Miami-Dade County.
(ii) The notice shall, in addition to stating that which is required by Section 31-94(G)(3)
describe the property; state the county, place, and date of seizure; state the
governmental entity holding the seized property; and state the name of the court in
which the complaint will be filed.
(iii) Miami-Dade County shall be obligated to make a diligent search and inquiry as to the
owner of the vehicle, and if, after such diligent search and inquiry, Miami-Dade County
is unable to ascertain any person entitled to notice, the actual notice requirements by
mail shall not be applicable.
(g) When the claimant of the vehicle and Miami-Dade County agree to settle the forfeiture action
prior to the conclusion of the forfeiture proceeding, the settlement agreement shall be
reviewed, unless such review is waived by the claimant of the vehicle in writing, by the court
or a mediator or arbitrator agreed upon by the claimant and Miami-Dade County.
Page 43
(h) Upon clear and convincing evidence that the seized vehicle was used to commit a third
within a thirty-six-month period, where all of such violations were committed on or after the
effective date of this section, the court shall order the seized property forfeited to Miami-
Dade County.As used in this subsection, a"violation"occurs when a person or entity pleads
guilty or nolo contendere or is convicted or found guilty of violating Section 31-82(a) of the
Code using the vehicle subject to forfeiture. The final order of forfeiture by the court shall
perfect in Miami-Dade County right,title and interest in and to such property, subject only to
the rights and interests of bona fide lienholders, and shall relate back to the date of seizure.
(i) (i)
The seized property shall be released immediately to the person entitled to possession of
the property as determined by the court when the claimant prevails at the conclusion of the
forfeiture proceeding, and Miami-Dade County decides not to appeal.
(ii) When the claimant of the vehicle prevails at the conclusion of the forfeiture proceeding,
any decision to appeal must be made by the RER Director. If the claimant prevails on
appeal, Miami-Dade County shall immediately release the seized property to the person
entitled to possession of the property as determined by the court.
(j) Disposition of forfeited property where no lien. When Miami-Dade County obtains a final
judgment granting forfeiture of a vehicle, it may elect to:
(i) Retain the property for the County's use;
(ii) Sell the property at public auction or by sealed bid to the highest bidder; or
(iii) Salvage, trade, or transfer the vehicle to any public or nonprofit organization.
(k) Disposition of forfeited property where lien. If the forfeited vehicle is subject to a lien
preserved by the court as provided in Section 31-94(G)(6)(b), Miami-Dade County shall:
(i) Sell the property with the proceeds being used towards satisfaction of any liens; or
(ii) Have the lien satisfied prior to taking any action authorized by Section 31-94(G)(7)(j).
(I) Priority-of disbursement The proceeds from the sale of a forfeited vehicle shall be disbursed
in the following priority:
(i) Payment of the balance due on any lien preserved by the court in the forfeiture
proceedings.
(ii) Payment of the cost incurred by Miami-Dade County in connection with the storage,
maintenance, security, and forfeiture of such property.
(iii) Payment of court costs incurred in the forfeiture proceeding.
(iv) The remaining proceeds shall be deposited in an Enforcement Trust Fund hereby
established by the Board of County Commissioners.Such proceeds and interest earned
therefrom shall be used for enforcement of the provisions of Chapter 31 of the Code.
(H) Abandoned vehicles.
(1) If an owner does not assert an interest in a seized vehicle by removing it from storage within the
time periods specified in paragraph (2) of this subsection (H), the vehicle shall be deemed
abandoned.A declaration of such abandonment may be made by a circuit court judge after a duly
noticed hearing, without further hearing.
(2) A vehicle shall be deemed abandoned, pursuant to paragraph (1) herein, if an owner.
(a) Has not removed the vehicle from storage within ten (10) days of obtaining an order of
release pursuant to Section 31-94(C), (e) or(G)(7)(i) herein; or
(b) Has not paid the fines, if any, and towing and storage fees within ten (10) days of a hearing
determination of violation pursuant to Section 31-94(E)(2) herein, or within ten (10) days
Page 44
after notice of a default determination of violation was mailed to the owner pursuant to
Section 31-94(E)(5) herein; or
(c) Has not paid the fines, if any, and towing and storage fees within ten (10) days of denial of
a motion to vacate a default determination pursuant to Section 31-94(E)(5); or
(d) Has not paid the fines, if any, and towing and storage fees within ten (10)days after a notice
was mailed by the RER to the owner that the County will not pursue the remedy of forfeiture
pursuant to Section 31-94 herein.
(3) In the event that a vehicle has been deemed abandoned pursuant to paragraphs (1) and (2) of
this subsection (H),the RER shall mail to the owner a notice that the vehicle has been recovered
by RER as an abandoned vehicle and that, if unclaimed, its ownership shall vest in Miami-Dade
County and it will be sold at public auction or by bid after ten (10) days from the date such notice
was mailed.Such notice shall also be mailed to any lienholder or mortgagee shown in the records
of the jurisdiction.which issued the number of license plates on the vehicle.
(4) An owner, lienholder or mortgagee may claim the vehicle within ten (10) days from the date that
the notice described in paragraph(3)of this subsection (H)was mailed, by paying the towing and
storage fees due and any fine(s).
(5) In the event that an abandoned vehicle is not claimed within ten (10) days after the notice
described in paragraph(3)of this subsection(H)was mailed,ownership of the abandoned vehicle
shall vest in RER after a duly noticed hearing and declaration of abandonment by a circuit court
judge. The RER may sell an abandoned vehicle at public auction or by bid. Proceeds shall be
paid into the Enforcement Trust Fund.
(Ord.No. 98-3; § 1, 1-13-98; Ord.No. 98-105, § 2, 7-9-98; Ord.No. 16-43, § 1, 5-3-16)
Secs.31-95-31-98.-Reserved.
Sec. 31-99.-Advertisement of for-hire services.
(a) No person may knowingly place or publish an advertisement in any publication which is primarily
circulated,displayed,distributed or marketed within Miami-Dade County, Florida,which advertisement
identifies for-hire transportation regulated by this article, unless the advertisement includes the for-hire
license number or passenger service company number.
(b) For the purposes of this section, any advertisement shall be defined to include any announcement,
listing, display, entry or other statement of whatever nature or kind, and specifically to include a name
and address or telephone number placed under a heading where the heading describes or
encompasses any for-hire transportation regulated under this article.
(c) No person shall advertise a rate or fare that is higher than the rate or fare approved pursuant to Section
31-87.
(Ord.No. 98-105, § 1,7-9-98; Ord.No. 16-43, § 1, 5-3-16)
Editor's note—In order to avoid the duplication of section 31-101,the section added by Ord.
No. 98-105, § 1, adopted.July 9, 1998, as 31-101 has been redesignated as section 31-99.
Sec.31-100.-Passenger service companies.
(a) Prohibition against unauthorized operations. No person or entity shall provide taxicab passenger
services on behalf of a for-hire license holder without such person or entity first obtaining a Miami-
Dade County passenger service company registration and maintaining such registration current and
valid in accordance with this article. A taxicab for-hire license holder may provide passenger services
without obtaining a registration if he, she or it only provides said services for a taxicab(s) operated
Page 45
pursuant to a for-hire license(s) issued to said for-hire license holder and complies with all other
(b) Taxicab passenger services. Taxicab passenger services provided by a passenger service company
or for-hire license holder shall minimally include, but not be limited to, the following: providing for-hire
vehicle color schemes and markings; providing dispatch services, maintenance and advertising of a
telephone number for receiving all calls related to for-hire taxi services; handling passenger complaints
and passenger lost and found; a properly listed telephone for receiving all calls relating to for-hire
vehicle service.
(c) Application procedures. Every application for a passenger service company registration shall be in
writing, signed and sworn to by the applicant, and shall be filed with the RER together with a non-
refundable investigative and processing fee. The application shall be on a form provided by the RER
and shall contain all information required thereon, including:
(1) Full legal name, mailing address and business telephone number, federal identification number
of all partners of a partnership and of all directors, officers, resident agents and stockholders who
hold five (5) percent or more of the issued and outstanding shares of the corporation. The
applicant shall disclose the foregoing information for any person who has an interest (legal,
equitable, beneficial or otherwise) in the registration. Post office addresses shall not be
acceptable.
(2) The address of the place of business from which for-hire operations are conducted. Such place
of business shall be in Miami-Dade, Broward or Palm Beach County; shall be in compliance with
applicable zoning requirements for its operations; and shall have a properly listed telephone
number for receiving all calls relating to for-hire vehicle service.
(3) A record of all crimes of which any partner, director, officer or stockholder has pled nolo
contendere, pled guilty, been found guilty or been convicted. This information shall be obtained
for all corporate officers and directors or partners, as the case may be. Stockholders who hold
less than five (5) percent of the issued and outstanding shares of the corporation shall not be
required to comply with the requirements of this subsection.
(4) A current, valid occupational license and a current fictitious name registration.
(5) A written passenger service plan which shall include:
(i) A description of the services to be provided to passengers;
(ii) A description of the vehicle maintenance facilities and vehicle maintenance program, if
applicable;
(iii) A description of the system for handling complaints, accidents and property left by a
passenger in the for-hire vehicle;
(iv) A description of the quality assurance program which will be utilized to assure delivery of
service to passengers;
(v) A description of the system for handling insurance requirements under this chapter,
(vi) A description of the dispatch system, as required including procedure for receiving
passenger calls, dispatching calls, and maintaining required records;
(vii) A description of the vehicle and driver certification program, if applicable;
(viii) A sworn statement signed by the applicant that all the information provided by the applicant
is true and correct.
(d) Investigation and eligibility of passengerservice applicant. The RER shall investigate each application.
The Director may issue or refuse to issue such registration on such terms and conditions as the public
interest may require. The Director's decision to deny an application may be appealed in accordance
with this chapter. An applicant shall not be eligible for a passenger service company registration if
he/she/it:
(1) Has misrepresented or concealed a material fact on his/her/its application;
Page 46
•
(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 within the last five (5) years pled nob contendere, pled guilty, been found guilty or been
convicted of a felony 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 for-hire 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 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) Violated any condition, limitation, or restriction of a passenger service company registration
imposed by the Director, or commission;
(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 requirementsof this
chapter,
(9) If the person is a corporation or partnership,a stockholder,officer,director,or partner thereof and
has committed an act or omission which would be cause for denying a passenger service
company registration 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 of the Director,
(11) Has any unsatisfied civil penalty or judgment relating to for-hire operations;
(12) Is not located in Miami-Dade, Broward or Palm Beach County and/or its place of business is not
in a properly zoned location;
(13) Has within the last five (5) years plead nolo 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
(14) Has within the last ten (10) years pled nob 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 passenger service company registration. No passenger service company
registration shall be issued or renewed unless the applicant:
(1) Has paid a registration fee;
(2) Has complied with the insurance requirements of this article for each vehicle it operates, if
applicable;
(3) Maintains a quality assurance program including regular training for all affiliated chauffeurs;
(4) Provides a two-way dispatch system.
(f) Issuance and replacement of passenger service company registration.
(1) Issuance. Each passenger service company registration shall be on a form provided by the RER
and shall be_signed by the Director. Each registration shall, at minimum, contain the legal name
of the applicant,any fictitious name to be utilized,the address and telephone number of the place
of business,the registration expiration date,the class of passenger services authorized,and such
additional terms, conditions, provisions and limitations as are imposed during the approval
process.
Page 47
(2) Replacement. The Director shall issue a replacement registration to any registration holder upon
G'.I'✓11LiGI1,1 I, 1./C4y1 I 1,1 IL VI 4 11,11-1,1,11,G,1\r 1,'II4. aIIVI II 1„411, Fll,Jbrl llGllVll VI FJI VVI V1 VI G JY11141II
affidavit that the license has been lost or stolen.
(g) Expiration of and renewal process for passenger service company registration. Passenger service
company registrations may be issued for such periods as specified in the administrative order
establishing the fees. The RER may establish staggered registration terms to ease the administration
of the renewal process. Renewal shall be accomplished in the same manner as the initial application
no less than thirty(30)days prior to expiration of the registration together with payment of a registration
fee. Registration holders shall have a grace period of up to thirty (30) days after expiration of their
registration in which to renew same; provided, however, the registration holder within such thirty-day
period shall also pay a non-refundable late fee over and above the annual registration fee. All
registrations which have not been renewed on or before thirty (30) days after their expiration shall
automatically be deemed revoked.
(h) Rules pertaining to change in control of the passenger service company registration. Passenger
service company registrations shall not be sold, transferred,assigned or leased.Any change in control
or ownership of a passenger service company registration shall immediately terminate the registration
and a new passenger service company application shall be filed. The passenger service company
may continue to operate provided that such application has been filed with the RER within ten (10)
days of the change in control or ownership. The application shall be filed in accordance with Section
31-100(c)and be accompanied by an investigatory and processing fee.
(i) Requirement of a passenger service agreement with for-hire license holder. Each passenger service
company shall enter into a separate written passenger service agreement with the for-hire license
holder for each vehicle operated in accordance with this chapter. The written passenger service
agreement
(1) Shall provide for an express duration for the agreement; -
(2) Shall only be terminated with at least thirty (30) days prior notice unless good cause be shown
and only for the reasons stated therein;
(3) Shall state the full legal name and address (post office boxes shall not be acceptable), license
and registration numbers;
(4) Shall state and itemize the compensation to be paid by the passenger service company for the
right to operate a for-hire vehicle authorized by a for-hire license. It shall be unlawful for the license
holder to receive any compensation from the passenger service company which is not specified
in the existing passenger service agreement;
,(5) Shall provide who shall be responsible for obtaining the required insurance for the for-hire vehicle;
(6) Shall provide that the license holder shall obtain the operating permit and pay all application and
vehicle inspection fees;
(7) Shall be signed by both the for-hire license holder and the passenger service company; and
(8) Shall include a sworn statement attesting to the truth if all representations made in the passenger
service agreement.
(j) Requirement for chauffeur's agreement. Each passenger service company shall enter into a written
chauffeur's agreement with each chauffeur it allows to operate any for-hire vehicle for which the
passenger service company provides passenger services. Each passenger service company shall
post a sign summarizing the chauffeur agreement requirements stated herein. This sign shall be
posted in a conspicuous place at the point of payment by the chauffeur and shall be written in a legible
manner and preapproved by the Department of Sustainability, Planning and Economic Enhancement
or successor department(hereinafter"the Department"). The written chauffeur's agreement:
(1) Shall provide for an express duration for the agreement;
(2) Shall only be terminated with at least ninety (90) days prior notice unless good cause be shown
and only for the reasons stated therein;
Page 48
(3) Shall state the full legal name and address (post office boxes shall not be acceptable) and
respective passenger service company's and chauffeur's registration numbers;
(4) Shall state and itemize the compensation to be paid by the chauffeur for the right to operate a for-
hire vehicle authorized by a for-hire license. Such itemization shall separately list the amount of
compensation that is attributable to the lease, insurance, dispatch, and deposits, if any. It shall
be unlawful for the passenger service company to receive any compensation from The chauffeur
which is not specified in the existing chauffeur's agreement. The Agreement shall specifically
provide that the compensation to be paid by a chauffeur may be paid utilizing any of at least two
of the following: (1) cash, (2) money order, (3) certified check, (4) cashier's check, (5) valid
traveler's check, (6) valid bank credit card, or (7) valid personal check showing on its face the
name and address of the chauffeur.The chauffeur shall be allowed to make payment as provided
in the preceding sentence, and shall be provided with a written receipt which contains the name
of the license holder or passenger service company, whichever is applicable, and the driver, the
for-hire license number, payment amount and form of payment utilized, date of payment and the
period covered by the payment Such receipt shall be itemized so as to separately list the amount
of compensation that is attributable to the lease, insurance, dispatch, and deposits, if any;
(5) Shall state whether the passenger service company or the license holder shall be responsible for
obtaining the required insurance for the for-hire vehicle;
(6) Shall state that the license holder shall obtain the operating permit and pay all application and
vehicle inspection fees;
(7) Shall be signed by both the chauffeur and the passenger service company; and
(8) Shall include a sworn statement attesting to the truth of all representations made in the chauffeur
agreement.
(9) Whenever money is deposited by a chauffeur as security for performance or advance payment
of a lease,the passenger service company shall either:
(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida
banking institution for the benefit of each chauffeur. The passenger service company shall
not commingle such money with any other funds of the passenger service company or
pledge, or in any other way make use of such money until such money is actually due the
passenger service company; or
(b) Hold the total amount of such money in a separate interest-bearing account in a Florida
banking institution for the benefit of each chauffeur,in which case the chauffeur shall receive
and collect interest in an amount of at least 75 percent of the annualized average interest
rate payable on such account or interest at the rate of 5 percent per year, simple interest,
whichever the passenger service company elects.The passenger service company shall not
commingle such money with any other funds of the passenger service company, pledge, or
in any other way make use of such money until such money is actually due the passenger
service company.
(10) The passenger service company shall,within thirty(30)days of receipt of a security deposit, notify
the chauffeur in writing of the manner in which the passenger service company is holding the
deposit and the rate of interest, if any, which the chauffeur is to receive and the time of interest
payments to the chauffeur. Such written notice shall:
(a) Be given in person or by mail to the chauffeur.
(b) State the name and address of the depository where the deposit is being held, and whether
the deposit is being held in an interest-bearing or non-interest bearing account.
(c) Include a copy of the provisions of subsection (11).
(11) (a) Upon the termination of the lease, if the passenger service company does not intend to
impose a claim on the deposit, the passenger service company shall have fifteen (15) days
to return the deposit together with interest if otherwise required, or the passenger service
company shall have thirty (30) days to give the chauffeur written notice by certified mail to
the chauffeur's last known mailing address of his or her intention to impose a claim on the
Page 49
deposit and the reason for imposing the claim. The notice shall contain a statement in
This is a notice of my intention to impose a claim in the amount of upon
your deposit, due to . It is sent to you as required by sec. 31-100(j)(11)
of the Code of Miami-Dade County, Florida.You are hereby notified that you must object
in writing to this deduction from your deposit within fifteen (15) days from the time you
receive this notice or I will be authorized to deduct my claim from your security deposit.
Your objection must be sent to
If the passenger service company fails to give the required notice within the 30-day period,
he or she forfeits the right to impose a claim upon the security deposit.
(b) Unless the chauffeur objects in writing to the imposition of the passenger service company's
claim or the amount thereof within fifteen (15) days after receipt of the passenger service
company's notice of intention to impose a claim, the passenger service company may then
deduct the amount of his or her claim and shall remit the balance of the deposit to the
chauffeur within thirty(30)days after the date of the notice of intention to impose a claim for
damages.
(c) If either party to the chauffeur agreement institutes an action in a court of competent
jurisdiction to adjudicate the party's right to the security deposit and interest, if any, the
prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or
her attorney.
(d) In those cases where interest is required to be paid to the chauffeur, the passenger service
company shall pay directly to the chauffeur, or credit the current lease payment, the interest
due to the chauffeur at least annually.
(12) It shall be unlawful for any passenger service company to require that a chauffeur purchase a
taxicab. lease a taxicab or finance the purchase of a taxicab as a condition of entering into a
chauffeur's agreement.
(k) Rules of operation. Passenger service companies must abide by all rules and regulations applicable
to passenger service companies and shall be subject to the enforcement provisions in this chapter and
chapter 8CC of the Miami-Dade County Code. For the purposes of this subsection, the phrase "for-
hire license holder" shall be substituted for the phrase "passenger service company" where this
chapter authorizes a for-hire license holder to provide passenger services and said for-hire license
holder does in fact provide passenger services. A passenger service company:
(1) Shall comply with all applicable federal. State of Florida and Miami-Dade County ordinances,
laws, rules and regulations;
(2) Reserved.
(3) Reserved.
(4) Shall maintain a record of all requests for service for each passenger transport request received
by telephone, computer, mobile phone application, text, e-mail, E-Request web-based
reservation or other similar software-based technologies that may be developed in the'future
which shall minimally include the following information: name of passenger requesting service,
assigned vehicle number, date and time of service request and service provision, origin and
destination of each trip, and whether the passenger requested an accessible vehicle.All records
must be made available for inspection and copying within one (1) business day of such request
•
by the RER or any police agency during regular business hours and shall be retained for one(1)
year,
(5) Shall maintain a log of all customer complaints;
(6) Shall maintain quarterly vehicle accident records for all vehicles operated in the prior quarter;
(7) Shall not refuse to dispatch or neglect to dispatch a request to transport to or from any place in
the county, any orderly person requesting service;
Page 50
(8) Shall hold any personal property deposited in the lost and found facility for a period of six (6)
months, at the end of which time the personal property shall become the property of the finder.A
record of personal property reported to or deposited at the lost and found facility shall be kept for
at least one(1) year, and
(9) Shall comply with all applicable obligations of the for-hire license holder when acting as his, her
or its agent
(I) Responsibility for violations of chapter.The holder of a passenger service company registration or any
person providing passenger services directly shall be responsible for any violation of this chapter
involving passenger services and shall be subject to the penalties provided for in this chapter for any
such violation. In addition, the registration shall be subject to suspension or revocation for any such
violation. Charges against or penalties imposed on a for-hire license holder or for-hire chauffeur or
certified driver for the same or related offense shall not relieve the passenger service company of its
responsibilities or liabilities under this chapter. Violations shall be punishable as provided in this
chapter.
(Ord.No. 98-105, § 1, 7-9-98; Ord.No. 01-178, § 1, 11-6-01; Ord.No. 03-45, § 1, 3-11-03; Ord.
No. 07-149, § 1, 10-2-07; Ord.No. 11-54, § 1, 7-19-11; Ord.No. 12-51, § 1,7-3-12; Ord.No.
16-43, § 1, 5-3-16)
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Page 51
PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.- PASSENGER MOTOR CARRIERS
ARTICLE III.-PASSENGER MOTOR CARRIERS[279]
Sec. 31-101. -Transportation policy.
Sec. 31-102. -Definitions.
Sec. 31-103. -Certificate of transportation.
Sec. 31-104. -Operating permits.
Sec. 31-105. -Chauffeur's registration.
Sec. 31-106. -Financial responsibility or insurance requirements.
Sec. 31-107. -Safety regulation.
Sec. 31-108. -Rules for operation.
Sec. 31-109. -Rates and fares.
Sec. 31-110. -Enforcement.
Sec. 31-111. -Penalties.
Sec. 31-112. -Suspension or revocation proceedings.
Sec. 31-113. -Exclusions.
Sec. 31-114. -Duties of the Consumer Services Department.
Sec. 31-115. -Special provisions.
Sec. 31-116. -Seizure, impoundment and forfeiture.
Secs. 31-117-31-200. -Reserved.
Sec. 31-101. -Transportation policy.
To assure the development and maintenance of a safe, healthy and efficient passenger
transportation system for Miami-Dade County, the Commission, County Manager and County staff, in
carrying out the duties and responsibilities prescribed in this article, shall consider the following as being
in the public interest:
(1) Reliance on market forces and on actual and potential competition among all transportation
modes, so as to provide transportation services at competitive prices.
(2) Coordination of regulatory decision-making with the transportation improvement plan, and the
orderly development of an integrated transportation/transit system for Miami-Dade County so as
to ensure the development and maintenance of a transportation/transit system responsive to the
needs of the public, in which regulatory decisions are reached fairly and expeditiously, and with
consideration of their costs and benefits.
(3) Improvement of motor vehicle safety.
(4) Achievement of County, national and State energy conservation goals.
(5) Reduced concentration of market power, and prevention of unfair, deceptive, predatory or
anticompetitive practices.
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ARTICLE III.-PASSENGER MOTOR CARRIERS
(6) Reduction of restrictive regulatory barriers to entry into the industry and promotion of equal
opportunities.
(7) Promotion of the safety and welfare of the residents and visitors of Miami-Dade County who use
the services of passenger motor carriers to meet their transportation needs.
(8) Recognition that a strong, viable, private sector passenger motor carrier industry has a role in
efforts to improve transportation mobility.
(Ord. No. 81-17, §2, 2-17-81; Ord. No. 85-20, § 1, 4-16-85)
Editor's note—
See editor's note at section 31-99
Sec. 31-102. - Definitions.
For the purpose of this article, the following definitions shall apply:
(a) Certificate of transportation means the holder thereof may engage in providing the
transportation services described thereon.
(b) Chauffeur means a duly licensed driver registered with and authorized by the Consumer
Services Department to operate a passenger motor vehicle.
(c) Commission means the Board of County Commissioners of Miami-Dade County, Florida.
(d) Common carrier means any motor carrier who holds his services out to the public.
(e) Contract carrier means any passenger motor carrier who is not a common carrier and who
repeatedly or continuously transports persons for compensation under written contract with one
(1) or more persons.
(f) County Manager means the chief executive officer and head of the administrative branch of the
County Government as provided in Article 3 of the Home Rule Charter of Miami-Dade County,
Florida.
(g) Director means the Miami-Dade County Consumer Services Department Director.
(h) Fixed route or regular route service means the transportation of persons by a common carrier
for compensation on a regular route with a regular schedule between fixed terminals.
(i) For compensation means for money, property, service or anything else of value.
(j) Jitney means any motor vehicle having a maximum seating capacity of fifteen (15) or less,
transporting passengers for compensation on a semi-fixed route between fixed terminals not on
a fixed schedule basis.
(k) Operate means providing transportation services for compensation utilizing a passenger motor
vehicle.
(I) Operator means any person who has been issued a certificate in accordance with the
provisions of this article.
(m) CSD means the Miami-Dade County Consumer Services Department.
(n) Passenger motor carrier or motor carrier means any person owning, controlling, operating or
managing any motor vehicle used in the business of transportation of persons for
compensation.
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ARTICLE III.-PASSENGER MOTOR CARRIERS
(o) Passenger motor vehicle or motor vehicle means any chauffeur-driven motor vehicle engaged
in the transportation of persons and their accompanying baggage, if any, for compensation over
the public streets, but excludes motor vehicles engaged solely in providing special
transportation services for the Miami-Dade Transit Agency pursuant to a contract with Miami-
Dade County. Motor vehicles used to provide special transportation service pursuant to a
contract with Miami-Dade County are subject to regulations contained in Article IV of this
chapter.
(p) Permit means an operating permit authorizing the holder thereof to utilize the motor vehicle
described in said permit for the transportation of passengers as authorized by a certificate
issued pursuant to this article.
(q) Person means any individual, corporation, firm, partnership, limited partnership, association or
joint stock association.
(r) Rates or fares means the charges established pursuant to this article for the transportation
services provided by an operator.
(s) Registration means a chauffeur's registration authorizing the holder thereof to operate
passenger motor vehicles subject to the provisions of this article.
(t) Special operations means the transportation of persons in a motor vehicle to a common
destination or series of destinations where the person may be charged as an individual or as
part of a group, including but not limited to charter, sightseeing, or subscription service, not
between fixed terminal or on a regular route.
(u) Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public
park, viaduct or other public place located in the County and established for the use of vehicles.
(v) Public interest means a determination based on the following criteria, that transportation
benefits will accrue to the community, transportation services, the public who presently or in the
future utilize the passenger motor carrier industry to meet transportation needs, and adopted
community development policy and that determination is consistent with the transportation
policy statement contained in this article.
(w) Charter service means the transportation of a group of persons pursuant to a common purpose
and traveling under a single contract involving the exclusive use of a motor vehicle.
(x) Core transit or transit corridor means the area one-fifth (1/5) of a mile on each side of the street
on which high service level of fixed route or jitney service is being legally provided.
(y) Limited certificate of transportation means the holder thereof may engage in providing
transportation services as described in a contract with the Miami-Dade Transit Agency for the
provision of transportation services for so long as such contract is in effect.
(z) Reserved.
(aa) Paratransit services mean any transportation services provided for compensation to passengers
with disabilities by motor carriers between specific origins and destinations selected by an
individual user at a certain time that is agreed upon by the user and the service provider.
(bb) The Americans with Disabilities Act of 1990 or the ADA means the civil rights act signed into law
on July 26, 1990 as Public Law 101-336, 104 Stat. 327, as the same may be amended from
time to time.
(cc) The ADA-defined area of Miami-Dade County means the complementary paratransit service
area as required by the ADA or any federal regulations established pursuant to the ADA. The
service area includes an area with a width of three-fourths of a mile on each side of each of
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PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
•
ARTICI r III -pAccrr.w rp rwrrnR r'ARRIrpc
Miami-Dade County's fixed bus routes and an area consisting of a circle with a radius of three-
fourths of a mile around each Metrorail station.
(dd) Paratransit passenger means an individual receiving paratransit services who has a physical or
mental impairment as defined by the ADA that substantially limits one (1) or more of the major
life activities of such individual, has a record of such impairment or has been regarded as
having such impairment.
(Ord. No. 81-17, § 3, 2-17-81; Ord. No. 85-20, § 1, 4-16-85; Ord. No. 87-11, § 1, 3-17-87; Ord. No.
90-67, § 1, 7-10-90; Ord. No. 91-130, § 1, 1-5-91; Ord. No. 95-42, § 1, 3-7-95; Ord. No. 95-221, § 3,
12-5-95; Ord. No. 02-1, § 1, 1-29-02)
Sec. 31-103. -Certificate of transportation.
(a) Required. From and after the effective date of this article, it shall be unlawful for any person to use,
drive or operate or to cause or permit any other person to use, drive or operate any passenger motor
carrier vehicle for compensation upon the streets of Miami-Dade County without first obtaining a
Miami-Dade County certificate and maintaining it current and valid, pursuant to the provisions of this
article, unless specifically excluded from this article.
(b) Out-of-county origin excepted. 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 including preticketed round trips originating
outside Miami-Dade County which are completed within a single twelve-hour period.
(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 area of Miami-Dade County. A
paratransit service provider shall not be required to obtain a Miami-Dade County Certificate of
public convenience and necessity for such purpose, nor shall a chauffeur of such paratransit
vehicle be required to obtain a Miami-Dade County for-hire chauffeur's registration.
(c) Application contents. Every application for a certificate shall be in writing, signed and sworn to by the
applicant, and shall be filed with CSD. The statements contained in the application shall become a
part of the certificate and may be modified only in accordance with this article. The application shall
be on a form provided by CSD and shall contain all information required thereon, including but not
limited to:
•
(1) Sufficient information to identify the applicant.
(2) The class of transportation service to be authorized under this article, routes, termini,
schedules, etc., and a brief description of the kinds of and types of vehicles, seating capacity of
the vehicles, seating arrangements, and size and gross weight thereof.
(3) The trade name under which the applicant intends to operate and a description of the proposed
vehicle colors, numbers and markings.
(4) The applicant's management plan including but not limited to maintenance facilities, a system
for handling complaints and accidents, a driver training program, insurance coverage, and a
communication system.
(5) The applicant's proposed service standards, including but not limited to days and hours of
operation, and passenger services to be provided.
(6) The applicant's proposed initial public fare and rate structure.
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Chapter 31-VEHICLES FOR HIRE
ARTICLE III.-PASSENGER MOTOR CARRIERS
(7) A record of all present and prior transportation business activities of the applicant during the
past five (5)years.
(8) A record of all crimes(excluding traffic) of which the applicant has been convicted within five(5)
years preceding the date of the application. The applicant shall have his/her fingerprints and
photograph taken by the Miami-Dade Police Department
(9) Two (2) credit references including at least one (1) bank where the applicant maintains an
active account
(10) An investigative and processing fee which shall be nonrefundable.
(11) An agreement on the part of the applicant to conform to and abide by the provisions of this
article and the laws of the State of Florida.
(12) The applicant's current financial statement If the applicant has an existing certified financial
statement, the most current certified financial statement is required.
(13) A factual statement indicating the anticipated market to be served and such other pertinent
information as the applicant may desire to present to support his application.
(14) A factual statement supporting the economic feasibility of the services proposed to be provided,
including estimated ridership, fare revenue, and operating expenses for the first year of
operation.
(15) An operational plan for implementing the proposed services.
(16) A factual statement, if applying for jitney or fixed route authority, indicating the economic and
ridership effect on any existing sixed route or jitney transportation service providers on the same
transit corridor, route or portion thereof.
(17) A factual statement, if applying for jitney or fixed route authority, that the application is
consistent with the criteria and factors contained in subsection (g)of this section.
(18) A public notice which shall contain a brief summary of the subject matter of the application
including a brief description of the type of service proposed and the geographical area or
route(s)to be served.
(19) For transfer applications only, a statement disclosing the terms and conditions of the proposed
transfer, including amount of compensation which has been paid or is payable to the transferor
and any other consideration given or to be given to the transferor in connection with the transfer
of the certificate of transportation; in lieu of the requirements of this paragraph, the applicant for
transfer of the certificate of transportation may submit a notarized copy of the purchase contract
which contains all information requested by this paragraph.
(d) Application review. The Director shall review and investigate each application and shall reject any
application that is not properly filed, incomplete or, where applicable, in conflict with criteria set forth
in subsection (g) of this section. Such investigation shall include a Miami-Dade Police Department
background check including, but not limited to, past business credit or financial standing and law
enforcement records. Application rejection by the Director may be appealed in accordance with
Section 31-112(f)of the Code.
(e) Hearing, notices and reports.
(1) Upon the proper filing of an application under this article for a certificate to provide jitney or fixed
route service, or for the transfer or modification thereof, and payment of the required fee, the
Director shall give notice to the following: (a) The governing bodies of all affected municipalities
within Miami-Dade County; (b) all jitney or fixed route certificate holders; (c) any other person,
office or entity requesting notice.
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ADTI(1 C 111 _ DACCCMrID RA(Tl1D rARRIGRC
(2) Any interested person affected by the proposed operation of jitney or fixed route service who
wishes to intervene in the proceeding shall file with the Director and serve upon the applicant a
formal protest within twenty (20) days after service of said notice. A person who has not filed a
formal protest as provided in this section may not appear as a party in the proceeding. If no
written protest is properly filed and served as herein provided, the Commission shall dispose of
the application after a public hearing. If one(1) or more protests are properly filed and served as
herein provided, the County Manager shall appoint a hearing officer and fix a time for an
administrative hearing no later than twenty(20)days after the conclusion of the termination date
for filing a protest, and shall serve notice of hearing upon the applicant and all persons who
have filed a written protest. The County Manager, by regulations, shall establish the procedures
for such hearings.
(3) The Director shall submit a report and recommendation on each application to the County
Manager. The Director shall base the recommendation on the thoroughness of the application,
the competence of the applicant, the criteria contained in subsection (g) where applicable and
consideration of the findings of the hearing examiner. The County Manager may require any
further investigation or additional information that he deems necessary and shall submit a
written report and recommendation to the Commission.
(f) Public hearings. The Commission shall hold at least two (2) public hearings each year if required, to
consider and take action upon pending certificate applications and transfer applications. The Clerk of
the Board shall provide at least seven (7) days'advance notice of such public hearing. Additionally, if
the application is for jitney or fixed route authority, CSD shall provide at least twenty (20) days'
advance notice of such public hearings to all applicants and all jitney or fixed route certificate holders
by certified mail. In reaching its determination, the Commission shall consider the application, the
County Manager's report and recommendation, and matters presented at the public hearing.
(g) Certification criteria and process. The Commission, at the conclusion of the public hearing shall
determine if the requested certificate of transportation is consistent with the following public interest
criteria.
(1) That the applicant is fit, willing and able, in accordance with the requirements of this section, to
provide the transportation to be authorized by the certificate and is able to comply with this
article and regulation of the Commission.
(2) That the transportation to be provided under the requested certificate is consistent with the
public interest.
(3) That the proposed transportation service will improve the quality of transportation available to
the public.
•
(4) That, if applying for jitney or fixed route authority, the proposed transportation will not adversely
affect the existing transportation system as a whole or future planned transit service as
designated in the most current Miami-Dade Transportation Plan. In particular, it shall be
deemed not in the public interest to authorize certificates of transportation for service on actual
transit or passenger motor carrier corridors where service presently exists at average
frequencies of twenty-nine (29) minutes or less and/or where such service will impair special
transportation provided by the passenger motor carrier industry. The provisions of the preceding
sentence shall not apply when the applicant is applying for a certificate of transportation to
provide jitney or fixed route authority and the Commission finds: (1) that the proposed
transportation will not adversely affect the existing transportation system as a whole or future
planned transit service as designated in the most current Miami-Dade Transportation Plan: (2)
the route applied for has been operated by the applicant for at least five (5) years utilizing at
least twelve (12) vehicles during 1997 which were issued permits by the CSD; (3) the fixed or
jitney route traverses at least five (5) miles on either NW 7th Avenue or NE 2nd Avenue in
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ARTICLE III.-PASSENGER MOTOR CARRIERS
Miami-Dade County; and (4) the applicant has held a certificate of transportation issued by
Miami-Dade County for at least eight(8)years.
The Commission, after such public hearing, by resolution, may authorize or refuse to authorize the
certificate as applied for, or may authorize a certificate with such modifications or upon such terms and
conditions as in its judgment the public interest may require.
The County Manager may prescribe rules and regulations consistent with the criteria set forth in
subsection (g)(1), (2), (3) and (4) above, for the approval and issuance of emergency temporary
certificate. No temporary certificate shall be issued unless the applicant has paid a temporary certificate
fee.
(h) Burden of proof. In any proceeding under this section, the applicant shall have the burden of
providing all of the prerequisites of the issuance of the certificate except that if a protestant objects
on the ground that issuance will adversely affect the existing transportation system or impair
essential transportation services being provided by the motor carrier industry then, on that issue, the
protestant shall have the burden of proof.
(i) Resolution of approval. CSD shall issue the certificate as authorized by the resolution.
(j) Further requirements. No certificate shall be issued unless the applicant has:
(1) Paid an annual certificate fee for the right to operate passenger motor vehicles;
(2) Has presented proof of insurance as required by Section 31-106; and
(3) Passed all required vehicle inspections.
Failure on the part of the applicant to complete this process within ninety (90) days after notification of
approval shall cause the certificate not to be issued and the County's approval to be automatically
revoked.
(k) Form of certificate. Each certificate shall be on a form developed by CSD and shall be signed by the
Director. Each certificate shall contain, at a minimum, the name and address of the applicant, a
statement of the transportation service authorized, the passenger capacity of the vehicles to which it
applies, and such additional terms, conditions, provisions, and limitations as were authorized in the
approval process. All operators holding certificates which are valid as of the effective date of this
amendment shall be issued amended certificates which contain no limit on the number of vehicles
authorized thereunder.
(I) Renewal. All certificates shall be renewed before April 1 of each year by payment of an annual
certificate fee. All fees provided for in this section shall be in addition to any other license fees or
charges and shall not be prorated for fractional parts of a year. All certificates which are not renewed
shall automatically expire and all certificate transportation services rendered thereunder shall
immediately cease as of April 1.
On or before March 31 of each year, each operator shall, on application for renewal, certify, on a
form provided by CSD, the number of months during the preceding year that he operated and provided
the service authorized by his certificate. Failure to certify or to operate for at least eight(8) months during
the year period shall result in automatic expiration of the certificate.
(m) Transfer of certificate.
(1) No certificate issued pursuant to this article may be sold, assigned, transferred or its ownership
structure changed or altered so as to result in a change or the possibility of a change in the
control of said certificate to another until the proposed sale, assignment, transfer or change in
control shall have been approved by the commission.Any transfer of shares or stock or interest
of any person or certificate holder so as to cause a change in the directors, officer, shareholders
or managers of such person or certificate holder shall be deemed a transfer or assignment as
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contemplated in this section and subject to the same rules and regulations as any other transfer
or assignment.
(2) The Commission, in considering the proposed transfer of ownership or control of the certificate,
by either direct or indirect means, shall determine, upon evidence submitted by the parties or
any other party or person affected by the proposed transfer, whether or not said transfer is
contrary to the public interest or if said certificate, in whole or in part, is dormant within the
meaning of this article.
(3) The Commission may approve said transfer or refuse to approve said transfer upon such terms
and conditions or may reasonably alter, restrict or modify the terms and provisions of such
transfer where the same may best serve the public interest.
(4) All such applications for approval of transfers shall be filed on forms provided by the Director
and shall be accompanied by payment of a nonrefundable transfer investigative and processing
fee. Applications for transfers shall be noticed for public hearing before the Commission in the
manner provided by this article for new applicants for certificates and the formal approval of the
Commission shall be a condition precedent to any such transfer.
(n) Modification of certificate. Every application for modification of a certificate shall be in writing, signed
and sworn to by the operator and shall be filed together with a modification processing fee. The
application shall be on a form provided by CSD, and shall be noticed for hearing before the
Commission in the manner as provided for in this article for applications for a certificate and the
formal approval of the Commission shall be a precedent to any modification. Modifications of a
certificate shall include changes in service standards, route changes in service standards, route
extensions, and similar items which enlarge operating authority.
(o) Surrender or abandonment of certificate. An operator may relinquish or abandon all or part of the
operating authority provided in such certificate upon written notice to the Director thirty (30) days
prior to the effective date of such action, and submission of his certificate. The Director shall, upon
his authority, re-issue a certificate containing the residual operating authority unless, in his opinion,
the requested changes or the residual authority are not in the public interest, in which case he may
institute revocation or suspension procedures.
(p) Limited certificate of transportation. A passenger motor carrier proposing to provide transportation
services pursuant to a contract with Miami-Dade County for the provision of Miami-Dade Transit
Agency services, may satisfy the passenger motor carrier certificate requirements by obtaining a
limited certificate of transportation. A holder of a limited certificate of transportation must comply with
all requirements of the Miami-Dade County Code pertaining to holders of a Certificate of
Transportation. Provided, however, that the requirements of Section 31-103(e) pertaining to
hearings, notices, and administrative protest procedures and Section 31-103(f) pertaining to advance
notice to certificate holders and applicants of the public hearing at which time the limited certificate of
transportation is to be considered shall not apply. The limited certificate of transportation shall only
authorize provision of transportation services pursuant to such contract for so long as such contract
is in effect. A person who is issued a limited certificate of transportation shall not lease or otherwise
assign the right to operate under such certificate to any other person.
(q) The amendments to Section 31-103(g)(4) contained in this section shall sunset on July 5, 1999.
Notwithstanding the requirements of the prior sentence, any certificate of transportation issued
pursuant to an application approved by the Commission prior to June 22, 1999 pursuant to Section
31-103(g)(4)as amended by this section shall remain in full force and effect so long as the certificate
holder complies with all applicable provisions of the Code.
(Ord. No. 81-17, §4, 2-17-81; Ord. No. 85-20, § 1, 4-16-85; Ord. No. 87-11, §2, 3-17-87; Ord. No.
88-118, §2, 12-6-88; Ord. No. 90-67, §2, 7-10-90; Ord. No. 90-126, § 3, 11-27-90; Ord. No. 95-42,
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§2, 3-7-95; Ord. No. 95-221, § 3, 12-5-95; Ord. No. 98-123, § 1, 9-3-98; Ord. No. 99-72, § 1, 6-22-
99; Ord. No. 02-1, § 1, 1-29-02; Ord. No. 06-21, §2, 2-7-06)
Sec. 31-104. -Operating permits.
(a) After a person has secured a certificate hereunder and before any motor vehicle shall be operated
under authority of such certificate, such person shall make separate application to CSD for a permit
for each motor vehicle to be operated pursuant to said certificate. Each permit application shall be in
writing, verified by the certificate holder and shall contain the name and address of the applicant, the
certificate number and the make, type, year of manufacture, serial number, State license plate
number, and seating capacity of each motor vehicle for which a permit is desired. Upon payment of a
permit fee, the CSD shall issue to the applicant a permit; provided that any vehicle so permitted
complies with the minimum safety requirements set forth in this article, is the type of vehicle
authorized by such certificate, and is insured according to Section 31-106
(b) Each permit issued hereunder shall expire April 1st of each year, and may be renewed upon
payment of the fee prescribed in subsection (a) above. It shall be unlawful to operate any vehicle
required to have an operating permit without such a current valid permit displayed within the vehicle.
(c) No permit shall be issued for the operation of any vehicle, the condition of which would interfere with
or detract from the comfort, convenience or safety of the passengers transported therein. In the
event any motor vehicle for which a permit has been issued shall become unsafe to operate or its
body or seating facilities become so damaged, deteriorated or unclean as to render said vehicle unfit
for public use, CSD may suspend the permit therefor until such time as the condition is remedied;
provided, however,that no such suspension shall be effective until the permit holder or vehicle driver
has received actual notice of the particular conditions to be remedied.
(d) Each permit issued hereunder shall be separately numbered. The operating permit shall, at all times,
be displayed within the vehicle and shall be available for inspection by any authorized personnel or
police officer.
(e) Permits issued hereunder shall not be transferable or assignable.
(f) No certificate holder shall reconstruct, alter, modify, add to or otherwise change the body, seating
capacity or seating arrangement after a permit has been issued pursuant to this section, unless and
until the consent of the CSD shall first have been obtained.
(g) In the event a vehicle permitted pursuant to this section becomes inoperable and is removed from
service due to mechanical breakdown or traffic accident, the certificate holder may secure a
substitute operating permit for a substitute vehicle, provided such substitute-vehicle meets the
requirements of this section. Said substitute permit shall expire and the substitute vehicle shall be
removed from service when the inoperable vehicle is repaired and returned to service or on the last
day of the month in which the substitute permit is issued, whichever is earlier, provided that another
substitute operating permit may be obtained for the next calendar month if the inoperable vehicle is
not repaired upon the expiration of such substitute operating permit. A fee shall be charged for
issuance of such substitute operating permits.
(Ord. No. 81-17, §5, 2-17-81; Ord. No. 87-1.1, §2, 3-17-87; Ord. No. 88-118, §2, 12-6-88)
Sec. 31-105. -Chauffeur's registration.
It shall be unlawful for any person to drive a passenger motor carrier vehicle over any street in
Miami-Dade County without first having obtained a chauffeur's registration from the CSD pursuant to
Chapter 31, Article V of this Code.
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(Ord. No. 81-17, § 6, 2-17-81; Ord. No. 87-11, §2, 3-17-87; Ord. No. 88-118, §2, 12-6-88; Ord. No.
90-134, § 1, 12-4-90; Ord. No. 91-47, § 1, 4-16-91; Ord. No. 91-125, § 1, 10-15-91; Ord. No. 92-26,
§2, 4-21-92; Ord. No. 94-15, § 3, 1-20-94)
Sec. 31-106. - Financial responsibility or insurance requirements.
(a) No passenger motor carrier vehicle shall be permitted to operate without the operator having first
obtained and filed with CSD a certificate of insurance on forms provided by CSD for each vehicle
showing automobile liability insurance coverage with limits of liability no less than fifty thousand
dollars ($50,000.00) for one (1) passenger and one hundred thousand dollars ($100,000.00) for all
passengers for injuries or death arising out of any one (1) occurrence, and fifty thousand dollars
($50,000.00) for damage to property arising out of any one (1) occurrence. Any vehicle with a
seating capacity in excess of fifteen (15) shall provide additional minimum limit for injury or death of
ten thousand dollars($10,000.00) per passenger seat of each vehicle.
(b) The insurance required in this section shall be written by an insurance company authorized to do
business in the State of Florida.
(c) The certificate of insurance shall be endorsed to provide for thirty(30) days' notice by registered mail
to CSD of any material change, cancellation or expiration. No policy will be accepted for a shorter
period than six(6) months.
(d) Unless an operator has furnished CSD with satisfactory evidence of the required insurance coverage
prior to the expiration of the thirty(30) days' notice specified in paragraph (c) of this section, or upon
a third notice of cancellation within twelve (12) months, the certificate shall be suspended forthwith
by the Director and surrendered to CSD pending a hearing to determine whether the said certificate
should be revoked.
(e) Operators may comply with these insurance requirements if found to be a qualified self-insurer with
minimum limit required by paragraph (a) of this section by the State of Florida. An operator's failure
to maintain the requirements of a qualified self-insurer shall be grounds for CSD to take the actions
described in paragraph (d) above.
(Ord. No. 81-17, § 7, 2-17-81; Ord. No. 87-11, §2, 3-17-87)
Sec. 31-107. -Safety regulation.
(a) Adoption; enforcement. The Consumer Services Department (CSD) shall adopt and enforce all
safety regulations of the United States Department of Transportation that are applicable to
passenger motor carriers and passenger motor carrier vehicles, as required for operation in an urban
area.Any operator applying for a certificate or permit requiring or authorizing the use of a specialized
or unique vehicle, not contemplated in United States Department of Transportation regulations, shall
submit, subject to approval by CSD, safety regulations for each specific type of vehicle as to
equipment, operation, maintenance, seating capacity and inspection of such vehicles, consistent with
the vehicle manufacturer specifications, which must be submitted by the operator. The CSD shall
develop special standards to be applied to motor vehicles older than five (5) model years which are
operated as passenger motor vehicles in order to assure that such vehicles are safe.
(b) Vehicle age. No vehicle older than fifteen (15) model years old shall be operated as a passenger
motor carrier.
(c) Inspection for compliance. CSD shall provide for semi-annual inspection of each vehicle for
compliance with the foregoing standards. The CSD shall provide for annual inspection of each
vehicle between and including one (1) and two (2) model years old; CSD shall provide for semi-
annual inspection of each vehicle between and including three (3) and four(4) model years old; CSD
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shall provide for quarterly inspection of each vehicle between and including five (5) and fifteen (15)
model years old for compliance with the foregoing standards. CSD shall charge a fee for such
inspections. In addition to regular inspections, the CSD may also inspect any passenger motor
vehicle at any time. The results of each inspection shall be recorded and a copy provided the
operator. Any vehicle failing to meet required safety standards shall not be operated as a passenger
motor vehicle until such time as the vehicle satisfactorily passes inspection. Notwithstanding the'
foregoing, the quarterly inspection of each vehicle between and including five (5) and fifteen (15)
model years old to determine compliance with the foregoing vehicle condition standards shall
commence on May 1, 1995 and the quarterly inspection of each such vehicle to determine
compliance with the foregoing vehicle safety and mechanical standards shall be reduced to semi-
annual inspection until July 1, 1998.
(Ord. No. 81-17, § 8, 2-17-81; Ord. No. 87-11, §2, 3-17-87; Ord. No. 88-118, §2, 12-6-88; Ord. No.
90-134, § 1, 12-4-90; Ord. No. 92-66, § 3, 7-7-92; Ord. No. 93-85, §2, 9-7-93; Ord. No. 94-190, §2,
10-7-94; Ord. No. 95-99, § 2, 6-6-95; Ord. No. 96-186, §2, 12-17-96)
Sec. 31-108. - Rules for operation.
(a) Color scheme. Each operator shall adopt and use, after approval by the CSD, a distinctive, uniform,
and decorative color scheme for all passenger motor carrier vehicles certified pursuant to this article.
The CSD shall refuse to approve any proposed color scheme which will infringe upon any color
scheme already in use by another operator. No other color scheme shall be employed until approved
by the CSD.
(b) Disposal of personal property. Personal property left by a passenger in any passenger motor vehicle
shall, upon its discovery by or delivery to the chauffeur of said vehicle, be reported immediately to
and deposited at the operator's office, where a record of the same shall be maintained and the
property held for the owner for a period of six (6) months, at the end of which it shall become the
property of the finder.The operator shall be responsible for chauffeur compliance with this section.
(c) Compliance with other legislation. Every operator shall fully comply with all ordinances, rules and
regulations of the County and all statutes of the State of Florida applicable to the operation of
passenger motor vehicles.
(d) Accessibility of service to the public; accessibility of records for regulatory purposes. Each operator
shall maintain and list with CSD a central place of business, where a listed telephone number is
operative and where business records and daily manifests set forth herein are kept.
(e) Records required. Each operator shall maintain accurate records of all financial and operating
information as may be required by CSD. CSD shall be granted access to these records for the
purpose of inspection and/or copying same, upon five (5) days' prior notice. All such records and
information shall be confidential except that they will become public records for the purpose of
revocation or suspension hearings, or, if required by the Board of County Commissioners, for the
purpose of approving or disapproving applications for new certificates or transfers of certificates.
Each operator shall annually furnish financial and operating information to CSD on forms and in the
manner prescribed by CSD.
(f) Antidiscrimination. No operator or chauffeur shall refuse or neglect to transport to and from any place
in the County any orderly person requesting service regardless of race, sex, religion, national origin,
age, marital status or handicap, who is willing and able to pay the prescribed fare.
(g) Vehicle numbering system. Each operator shall adopt a vehicle numbering system approved by
CSD, which does not conflict with those in use by other operators.
(h) Manifest or trip sheet required. Every.operator shall maintain a manifest or trip sheet on a form
approved by CSD, which shall include, but not be limited to, the following information on each trip:
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Name of chauffeur, vehicle number, date, time, origin, destination, number of passengers, and rate
of fare. Operators shall not destroy, mutilate, alter or otherwise deface any daily manifests without
CSD approval. All manifests shall be available for inspection and/or copying by CSD or any police
agency during regular business hours and shall be retained for three(3)years.
(i) [Prohibitions for operators.] No operator shall:
(1) Knowingly allow or permit any person to operate a passenger motor vehicle while his ability or
alertness is so impaired, or is likely to become impaired, through fatigue, illness, or any other
cause, as to make it unsafe for him to begin or continue to operate the motor vehicle; or
(2) Permit or authorize any chauffeur or other person to operate any passenger motor vehicle
without that vehicle's current valid certificate displayed therein; or
(3) Operate or permit or authorize anyone else to operate any passenger motor vehicle unless and
until that person is issued a chauffeur's registration in accordance with Section 31-105
(j) [Vehicle prohibitions.] No operator shall allow vehicles permitted under this article to:
(1) Stop, stand, park or await employment at a marked taxicab stand.
(2) Display the word(s)"taxicab,""taxi" or"cab"on the vehicle exterior.
(3) Be equipped with a taximeter.
(4) Operate as a taxicab, as defined in the County Code.
(k) [Separate phone numbers for jitney and taxi service.] No operator shall use for the purpose of
advertising or requesting services to be provided under this article telephone number(s) that is used
to request or furnish taxicab services.
(Ord. No. 81-17, § 9, 2-17-81; Ord. No. 87-11, §2, 3-17-87)
Sec. 31-109. - Rates and fares.
(a) [Applicability.] The provisions of this section shall be the exclusive method for the establishment of
passenger motor carrier rates through Miami-Dade County.
(b) Rates and fares to be charged. It shall be unlawful for any operator to charge, demand, request or
accept any fare other than the rates and fares established pursuant to this article.
(c) Methods of establishing rates. Each operator may establish rates and fares under one (1) or both of
the following categories:
(1) Rates and fares:
a. The operator's initial rate will be that rate or fare proposed in the application for certificate
and will become effective upon issuance of the certificate.
b. An operator may change the rate or fare by filing a proposed rate or fare, thirty (30) days
prior to its effective date, with CSD. The proposed rate or fare for jitney and fixed route
service shall be posted within the passenger compartment section of each vehicle at least
fifteen (15)days before it becomes effective.
c. The rate(s) or fare structure for jitney or fixed route service shall be clearly set forth as a
schedule of charges based on service elements understandable by the public, posted
within the passenger compartment and on the exterior located adjacent to the entrance of
each vehicle.
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d. Each operator shall post, in the business offices serving the public, a schedule of rates and
fares and shall provide information of such rates and fares on request for service.
(2) Contract rates. Each operator may establish through written contract, rates and fares other than
the public rates and fares. Such rates and fares shall become effective when the contract is filed
with CSD.
(Ord. No. 81-17, § 10, 2-17-81; Ord. No. 87-11, §2, 3-17-87; Ord. No. 98-105, § 1, 7-9-98; Ord. No.
00-139, § 1, 11-14-00)
Sec. 31-110. - Enforcement.
(a) This article shall be enforced by authorized personnel of CSD, and by the Miami-Dade Police
Department, and may be enforced by another police agency within Miami-Dade County. CSD shall
prepare and distribute to all authorized enforcement agencies an enforcement manual outlining
procedures for the detection, reporting and issuance of citations or deficiency reports for violations of
this article.
(b) CSD shall develop a deficiency or warning system through which operators are given written notice
of minor violations and a specified period of time to correct same. For more serious or repeated
violations, CSD shall develop a citation form. Authorized personnel will issue citations as official
notice of violations. Civil violations by chauffeurs shall be processed under Chapter 8CC of the
Code.
(c) Deficiency reports and/or 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. Notice
is given to a chauffeur for a violation involving the vehicle under his control shall be deemed notice to
the operator.
(d) Whether 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 the 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.
(Ord. No. 81-17, § 17, 2-17-81; Ord. No. 87-11, §2, 3-17-87; Ord. No. 94-15, § 3, 1-20-94)
Sec. 31-111. -Penalties.
(a) In addition to any other penalties provided by law, a fine not to exceed one hundred dollars
($100.00) may be imposed for each and every violation of the provisions of this article, provided that
violations which result in fines pursuant to this section shall not be the basis for revocation or
suspension proceedings except that five (5) or more violations resulting in fines within any twelve-
month period shall constitute grounds for revocation or suspension proceedings.
(b) Failure to correct items recorded on a deficiency report by the time of deadline shall cause a citation
to be issued for each such item. In the case of chauffeurs, for civil violations a citation shall be issued
under Chapter 8CC of the Code.
(c) Except for chauffeurs receiving civil violations, each person issued a citation shall within ten (10)
days either satisfy the citation by payment to CSD of the fine stated in subsection (a) hereof or by
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filing a written request for a hearing on the charges. Failure to do one (1) of the foregoing may result
in revocation or suspension proceedings or penalties in accordance with subsection (f) hereof.
(d) Except for chauffeurs receiving 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 empowered to
dispose of the case and fines assessed through normal procedure.
(e) Anyone who engages a passenger motor vehicle with intent to defraud the chauffeur or operator
shall be in violation of this article and subject to the penalty provided for in subsection (f) hereof.
(f) Violations of Section 31-103 shall be punishable by fines and/or imprisonment as follows: (1) the first
such violation shall be punishable by fines of not less than two hundred fifty dollars ($250.00) or
more than one thousand dollars ($1,000.00) and/or imprisonment not to exceed ten (10) days; (2)
the second such violation shall be punishable by fines of not less than one thousand dollars
($1,000.00) or more than five thousand dollars ($5,000.00) and/or imprisonment not to exceed ten
(10)days; and (3)the third and subsequent violation shall be punishable by fines of not less than five
thousand dollars ($5,000.00) or more than ten thousand dollars ($10,000.00) and/or imprisonment
not to exceed ten (10) days. Violations of revocation or suspension ordered under Section 31-112
shall be punishable by fines of not less than one hundred dollars ($100.00) or more than five
hundred dollars ($500.00) and/or imprisonment not to exceed ten (10)days.
(Ord. No. 81-17, § 12, 2-17-81; Ord. No. 87-11, §2, 3-17-87; Ord. No. 92-52, § 1, 6-2-92; Ord. No.
93-77, § 2, 7-29-93; Ord. No. 94-15, § 3, 1-20-94)
Sec. 31-112. -Suspension or revocation proceedings.
(a) [Criteria for consideration of proceedings.] Except as otherwise specified, certificates, permits, and
registrations (issued pursuant to this article) shall be subject to suspension or revocation by the
Director as follows:
(1) Certificates. Upon notice and hearing as hereinafter specified when it shall appear that:
a. The holder thereof has failed or neglected to render the full service authorized by the
certificate for a total period of eight(8) months during any calendar year; or
b. The holder thereof has been convicted of a felony or any criminal offense involving moral
turpitude; or
c. The certificate was obtained by an application in which any material fact was omitted or
falsely stated; or
d. The holder thereof has permitted his passenger motor carrier vehicle to be operated in
violation of any law; or
e. The holder thereof has failed to comply with or has willfully violated any of the provisions of
this article; or
f. The public interest will best be served by revocation or suspension; provided, however,
that good cause be shown.
(2) Permits. Upon notice and hearing as hereinafter specified when it shall appear that:
a. The permit was obtained by an application in which any material fact was omitted or falsely
stated; or
b. The holder thereof has failed to comply with any provisions of this article or any lawful
order of the Director, or
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c. The public interest will best be served by revocation or suspension; provided, however,
that good cause be shown.
(3) Registrations. Upon notice and hearing as hereinafter specified when it shall appear that:
a. The chauffeur has failed to comply with or has willfully violated any of the provisions of this
article; or
b. The chauffeur has pled guilty or nolo contendere to driving under the influence of alcoholic
beverages, model glue or any substance controlled under Chapter 893,.Florida Statutes, or
has been convicted of same; or
c. The registration was obtained by an application in which any material fact was omitted or
falsely stated; or
d. The public interest will best be served by revocation or suspension; provided, however,
that good cause be shown.
(b) Notice of hearing. All hearings required by this section shall be preceded by a minimum of ten (10)
days' notice. Said notice shall specify the Director's proposed action and the grounds upon which the
action is predicated. The operator or chauffeur (as the case may be) may be represented by legal
counsel and shall be entitled to present his defense to the proposed action. Failure to appear at a
duly noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts
specified in the notice. All such hearings shall be conducted before a hearing examiner who shall not
have responsibility for the enforcement of this article and who shall be designated by the Director,
and insofar as is practicable in accordance with the rules of civil procedure governing the procedure
in Circuit Court, except as may be provided in this Code or by rules adopted by the Board of County
Commissioners.All such hearings shall be reported and, at the request of any party, transcribed.
(c) Finding, conclusion and recommendation. Within a reasonable time after the conclusion of the
hearing, the hearing examiner shall submit to the Director a statement of findings, conclusions and
recommendations. If the hearing examiner affirms the Director's proposed action, the appellant shall
pay the administrative costs of the hearing, unless such decision is reversed on subsequent appeal.
The Director shall promptly notify all parties of his or her decision.
(d) Powers. The hearing examiner shall have the power to administer oaths, subpoena witnesses upon
the written request of any interested party and may compel the production of records, books and
papers. Should the hearing examiner, without good cause, refuse to subpoena witnesses or compel
the production of books, records or papers, then any interested party may, without cost to the
petitioner, petition the County Court to order the appearance of any witness or witnesses or order the
production of any books, records or papers necessary to a fair and proper hearing. Failure of any
witness ordered to appear or failure of any person ordered to produce books, records or papers may
constitute a contempt of court and may be punishable as may any other contempt of court.
(e) Penalties. Suspensions pursuant to this section shall not exceed six (6) months. Three (3) or more
suspensions within any twelve-month period may constitute grounds for revocation of the certificate,
permit, or registration.
(f) Appeals. The Director's decision may be appealed to the County Manager within ten (10) days of the
date of said decision. Such appeal shall not stay the Director's decision. Upon such an appeal, the
County Manager shall consider the transcript of the hearing and all evidence produced at the
hearing. No further testimony or exhibits shall be permitted. The County Manager shall, within twenty
(20) days, on the basis of the record established before the Director, either affirm, reverse or modify
the Director's decision.
Appeals from the County Manager's decisions pursuant to this section shall be to the Circuit Court of
the Eleventh Judicial Circuit in and for Miami-Dade County, in accordance with the Florida Rules of
Appellate Procedure.
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PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.- PASSENGER MOTOR CARRIERS
(Ord. No. 81-17, § 13, 2-17-81; Ord. No. 88-118, §2, 12-6-88)
Sec. 31-113. - Exclusions.
The following passenger motor carriers and/or passenger.motor vehicles are exempt from the
requirements of this article:
(a) Ambulances ind other vehicles required to be licensed under the provisions of Chapter 401,
Florida Statutes.
(b) Motor vehicles used exclusively in transporting children to and from schools when regulated by
a Florida Statute and/or a Miami-Dade County ordinance.
(c) For-hire vehicles with a seating not to exceed eight(8) passengers subject to the provisions of a
Miami-Dade County or municipal ordinance.
(d) Motor vehicles used for the transportation of passengers between the vicinity of their respective
residences and the vicinity of their respective places of work, when driven by a person traveling
between his residence and his place of work in an arrangement commonly known as a "car
pool" or a"van pool."
(e) A passenger motor carrier operating pursuant to a valid Interstate Commerce Commission
certificate which is providing interstate transportation service within the jurisdiction of the
Interstate Commerce Commission. As used in this subsection (e), "interstate transportation
service" means the provision of transportation over a route through more than one (1) state.
Said interstate transportation service must be substantial, actual and bona fide.
(f) Motor vehicles owned and operated by a governmental unit in a local public transportation
system, commonly referred to as a "mass transit" when controlled by a Miami-Dade County
ordinance.
(g) Federal, State, County and municipal vehicles when operated by a government employee
providing transportation services without compensation.
(h) Motor vehicles used exclusively to provide transportation without compensation and purely
incidental to a person's primary business and requiring the performance of substantial services
in addition to transportation.
(i) Social service transportation of persons without compensation by private, nonprofit organization
subject to State of Florida and/or federal government regulatory and safety standards.
(j) Motor vehicle providing special operations service, contract carrier service or charter service
having an overall length in excess of thirty (30) feet or a rated seating capacity in excess of
twenty-eight(28) persons.
(k) A passenger motor carrier under contract to Miami-Dade County pursuant to a State statute or
County ordinance who has the exclusive right to provide demand ground transportation services
at Miami International Airport, and is subject to the safety and insurance requirements of a
County ordinance.
(I) Passenger motor carriers operating under authority of a municipal regulatory ordinance adopted
prior to July 1, 1974, are exempt from the provisions of this article for those services provided in
accordance with their municipal certificate(s).
(m) Motor vehicles owned, operated by or operated under contract with a municipality in a local
public transportation system providing circulator service when authorized by an interlocal
agreement with Miami-Dade County which has been approved by the Board. As used herein,
"circulator service" means the provision of fixed route or semi-fixed route transportation service
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PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.-PASSENGER MOTOR CARRIERS
where at least seventy (70) percent of the route is within one (1) municipality. The interlocal
agreement and any certificate of transportation, chauffeur's registration and permit issued to
provide circulator service pursuant to an interlocal agreement shall require, among other things,
that the municipality, operator, vehicles and chauffeurs comply with safety, mechanical and
vehicular standards mandated by the Miami-Dade Transit Agency and the CSD, and any
applicable State or Federal requirements. Notwithstanding any other provision of this article, the
CSD may administratively issue certificates of transportation to municipalities providing
circulator service or to operators under contract-with a municipality providing circulator service
pursuant to an interlocal agreement with Miami-Dade County. The provisions of Section 31-
103(e), (f) and (g)(4) shall not apply when the CSD administratively issues a certificate of
transportation pursuant to this paragraph. Where a municipality intends to provide circulator
service pursuant to a contract with a third party, said municipality shall give Miami-Dade County
the opportunity to submit a bid or proposal to provide that transportation service.
(Ord. No. 81-17, § 14, 2-17-81; Ord. No. 95-139, § 1, 7-25-95; Ord. No. 97-127, § 1, 7-22-97)
Sec. 31-114. - Duties of the Consumer Services Department.
(a) In addition to the duties and responsibilities specified in this article, CSD 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) Develop and implement, in cooperation with the industry, service expansion and improvements.
(6) Provide technical assistance to the industry.
(7) Create and render technical assistance to a passenger motor carrier advisory group comprised
of representatives from consumers, the industry, transportation-related interests and public
interest organizations. The role of the advisory group shall be to monitor the effectiveness of the
article, improve communication between the County and parties interested in passenger motor
carrier transportation, and help develop improved transportation services.
(8) Perform any other functions assigned by the County Manager.
(b) The Director may propose and the County Manager 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 law.
(c) Whenever in this article a fee is charged or is required to be paid, the amount of such fee shall be
established by administrative order of the County Manager 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. The amount of each fee established hereunder
shall be reasonably related to the cost of the services and regulation provides therefor.
(Ord. No. 81-17, § 15,2-17-81; Ord. No. 87-11, §2, 3-17-87; Ord. No. 88-118, §2, 12-6-88)
Miami-Dade County, Florida,Code of Ordinances Page 17
PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III_- PASSENGER MOTOR CARRIERS
Sec. 31-115. -Special provisions.
(a) Notwithstanding anything to the contrary, the provisions of this article shall not be applicable within
those municipalities which regulated passenger motor carrier transportation as of July 1, 1974, and
such municipalities shall be exempt from this article.
(b) The provisions of this article shall be the exclusive regulations applicable to the provision of and
operation of passenger motor carrier transportation services in Miami-Dade County. Notwithstanding
the provisions of any municipal ordinance, resolution or agreement to the contrary, from and after the
effective date of this article, no municipality shall authorize, establish, change, alter, amend, or
otherwise regulate passenger motor carrier 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.
(c) Any person operating a passenger motor vehicle within Miami-Dade County on February 2, 1981,
upon the authority of a valid certificate of public convenience and necessity or other valid permit
issued by the Florida Public Service Commission or a valid certificate of public convenience and
necessity issued by a municipality within Miami-Dade County regulating passenger motor vehicles,
shall, upon proper proof of possession of such authority, be entitled to a Miami-Dade County
certificate upon the payment of the fee required in this article, with all existing authority, limitation or
restriction of the Public Service Commission or municipal certificate as of February 2, 1981,
providing the County certificate shall be limited to the maximum number of vehicles operated in any
one (1) month of the previous twelve (12) months prior to February 2, 1981. Holders of municipal
certificates shall only be issued a certificate for each vehicle that is not also operating under authority
of a Florida [Public] Service Commission certificate. No Miami-Dade County certificate shall be
issued in accordance with this section unless same has been applied for no later than fifty (50) days •
after the effective date of the article, provided that on each certificate applied for, a separate and
distinct vehicle meeting the requirements of this article is listed and a proper and timely application
and fee is submitted in accordance with this section. A separate and identifiable motor vehicle
cannot be used to apply for more than one(1)certificate under this section.
(d) Any person operating a passenger motor vehicle upon the effective date of Ordinance No. 81-17
must make application for a certificate within ten (10) days. Those persons who applied within the
time period specified in the first sentence of this subsection (d) shall be issued a Miami-Dade County
certificate for those operations specified in the application which have been continuously performed
in accordance with the terms and conditions of Sections 31-106 and 31-108 of this article. The
County certificate issued hereunder shall not limit the number of vehicles authorized.
(e) On the effective date of this article, the existing rate(s) of operators entitled to the issuance of
certificate pursuant to subsection (b) of this section shall be that rate in effect on February 2, 1981,
and said rate may only be changed in accordance with the provisions of this article.
(f) Each chauffeur authorized on the effective date of this article by a certificate holder to drive a
passenger motor vehicle shall be issued by CSD, at no cost, a temporary ninety-day chauffeur
registration upon proof of possession of a valid Florida chauffeur license. Upon expiration of the
temporary registration, said chauffeur must fully comply with Section 31-105
(g) Any person operating a passenger motor vehicle designed for carrying ten (10) to twenty-eight (28)
passengers, including driver, with an overall length of thirty (30) feet or less engaged solely in
intercounty transportation or engaged in intracity transportation routes which intracity routes have
been operated continuously from January 1, 1990 through July 1, 1990 in compliance with applicable
safety rules and regulations promulgated under Section 316.70 Florida Statutes must make
application for a certificate of transportation and pay a two hundred and twenty-five dollar ($225.00)
application fee therefor to CSD by August 17, 1990. Those persons who apply and pay the required
Miami-Dade County, Florida,Code of Ordinances Page 18
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PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.-PASSENGER MOTOR CARRIERS
application fee by August 17, 1990 shall be issued a certificate of transportation for those operations
which meet the requirements of the preceding sentence. Appeal of the CSD Director's decision on
any application hereunder must be filed with the County Manager within ten (10) days of the
issuance of the Director's decision. Such certificate shall be subject to the requirements of Section
31-101; 31-102; 31-103(a), (b), (c)(1)—(3), (8) and (10), and (j) through (o); 31-104; 31-105; 31-106;
31-107; 31-108; 31-110; 31-111; 31-112 and 31-115. A certificate of transportation issued hereunder
shall expire July 1, 2010, or ten (10) years after any change in ownership of any such passenger
motor vehicle.
(h) Any private passenger motor carrier providing transportation pursuant to a contract with Miami-Dade
County, acting on behalf of the Miami-Dade Transit Agency, shall not be allowed to provide
transportation on any route on which Miami-Dade County Metrobus is providing service, when the
expressed purpose of such contract is to incorporate private passenger motor carriers into Miami-
Dade County's public transportation network.
(i) No person or business entity shall be awarded a contract by Miami-Dade County to provide
transportation on more than twenty-five (25) percent of Jitney Transportation Network Service. No
business entity shall be awarded a contract by Miami-Dade County to provide transportation on a
Jitney Transportation Network Route, if a person with a controlling financial interest in that business
entity has a controlling financial interest in another business entity or entities, which provide or have
agreed to provide transportation on more than twenty-five (25) percent of the Jitney Transportation
Network Service. In the event that an award of a Jitney Transportation Network Route to the lowest
bidder would be in violation of this ordinance, such award shall be made to the next lowest bidder, if
any award is made.
These terms used in the preceding paragraph shall have the meanings provided below:
Coordinated jitney service contract means a contract between the County and the operator of a
passenger motor carrier to provide transportation on a Jitney Transportation Route, when the
expressed aim of such contract is to incorporate private jitneys or other passenger motor carriers into
the public transportation system of Miami-Dade County.
Jitney Transportation Network Route means such transportation route designated by the Miami-
Dade Transit Agency on which passenger motor carriers will provide transportation pursuant to a
coordinated jitney service contract.
Jitney Transportation Network Service means the total number of revenue miles on which private
passenger motor carriers provide transportation, pursuant to a coordinated jitney service contract.
Controlling financial interest means the ownership, directly or indirectly, of ten (10) percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or
more in a firm, partnership, or other business entity.
The foregoing requirements may be waived by resolution of the County Commission (1) upon a finding
that a waiver is in the best interest of Miami-Dade County, and (2) that there are not enough responsive
- bidders or proposers with whom the County can contract to provide the necessary transportation on
Jitney Transportation Network Routes, unless the provisions of this ordinance are waived.
(j) Notwithstanding the vehicle age limit required by Section 31-107(b) of the Code, any properly
permitted and inspected passenger motor carrier scheduled for retirement on December 31, 2011,
shall be allowed to be operated for an additional one-year period.
(Ord. No. 81-17, § 16, 2-17-81; Ord. No. 81-46, § 1,4-19-81; Ord. No. 85-20, §2, 4-16-85; Ord. No.
87-11, §2, 3-17-87; Ord. No. 90-78, § 1, 7-24-90; Ord. No. 93-116, § 1, 11-3-93; Ord. No. 93-117, §
1, 11-3-93; Ord. No. 11-11, § 1, 3-1-11; Ord. No. 11-102, § 1, 12-19-11)
Miami-Dade County, Florida,Code of Ordinances Page 19
PART Ill-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE Ill.-PASSENGER MOTOR CARRIERS
Sec. 31-116. -Seizure, impoundment and forfeiture.
(A) Seizure. Police officers or such other employees as may be designated by the County Manager are
authorized to seize and impound any passenger motor vehicle which such officer or employee has
probable cause to believe is being operated in violation of Section 31-103(a), 31-104, 31-105(a), 31-
106, 31-107, 31-108, 31-109, 31-111(b), or 31-111(c) of Article Ill of Chapter 31 of the Miami-Dade
County Code. A vehicle seized in accordance with this subsection shall be removed to a designated
secured facility.
(B) Notice of seizure.
(1) Within twenty-four(24) hours of a seizure, as described in Section 31-116(A), a police officer or
other designated county employee shall make a diligent search and inquiry as to the owner's
name and address and make a good faith effort to give a notice of seizure in writing to said
vehicle owner of the fact of such seizure, the grounds for seizure, identification of the seized
vehicle and information concerning these regulations and the designated secured facility to
which the vehicle was or will be taken. A copy of said notice of seizure shall also be given to the
proprietor of such secured facility.
(2) Whenever an officer or designated employee seizes a vehicle under this section, and does not
know and is not able to ascertain the name of the owner, or for any other reason is unable to
give the notice to the owner as hereinabove provided, then and in that event the officer or
designated employee shall immediately send or cause to be sent a written report of such
removal by mail to the Motor Vehicle Commissioner of the Miami-Dade Police Department.
(C) Vehicle impoundment hearing. Whenever the owner of record of a vehicle seized pursuant to this
section makes a request of the CSD in person and in writing for a vehicle impoundment hearing
within ten (10) days of seizure exclusive of Saturdays, Sundays and legal holidays, a magistrate, as
provided in Section 318.32, Florida Statutes, a county court judge or a hearing examiner, who shall
not have responsibility for the enforcement at this article and who shall be designated by the CSD
Director, shall conduct the hearing within twenty-four(24) hours or as soon as practicable, excluding
Saturdays, Sundays and legal holidays. All interested persons shall be given reasonable opportunity
to be heard at the vehicle impoundment hearing. The formal rules of evidence will not apply-at the
hearing, and hearsay evidence shall be admissible. If, after the hearing, the magistrate, county court
judge or hearing examiner determines that there is no probable cause to believe that the vehicle is
subject to seizure and impoundment under subsection (A), the magistrate, county court judge or
hearing examiner shall order the immediate return of the vehicle. If, after the hearing, the magistrate,
county court judge or hearing examiner determines that there is probable cause to believe that the
vehicle is subject to seizure and impoundment under subsection (A), the magistrate, county court
judge or hearing examiner shall order the immediate return of the vehicle. If, after the hearing, the
magistrate, County Court Judge or Hearing Examiner determines that there is probable cause to
believe that the vehicle is subject to seizure and impoundment under subsection (A), the Magistrate,
County Court Judge or Hearing Examiner shall order the continued impoundment of the vehicle as
provided in this section unless the owner of the vehicle (1) posts with the court or CSD a cash bond
in the amount of the maximum fine(s), plus any applicable towing and storage fees, or (2) pleads
guilty or nolo contendere and pays in full any towing and storage fees plus the fine(s).
Notwithstanding the foregoing, if, after the hearing, it is determined that there is probable cause to
believe that the vehicle is subject to forfeiture proceedings pursuant to section 31-116(G), said
vehicle shall not be released.
(D) Hearing regarding Code violation charged in field enforcement report and/or complaint/arrest
affidavit. Within ten (10) days after a vehicle is seized and impounded pursuant to this section or as
soon as practicable, the CSD and/or the Clerk's Office shall notify by certified mail, return receipt
requested, the owner of record of the date, time and location of a hearing that will be conducted
regarding the Code violations charged in the field enforcement report, the complaint/arrest affidavit
Miami-Dade County, Florida, Code of Ordinances Page 20
PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.- PASSENGER MOTOR CARRIERS
or other charging instrument. The hearing shall be conducted within thirty (30) days after the vehicle
was seized or as soon as practicable. The hearing shall be conducted by a magistrate, county court
judge or hearing examiner. All interested persons shall be given a reasonable opportunity to be
heard at the hearing.
(E) Decisions at hearing.
(1) If the magistrate, county court judge or hearing examiner dismisses the Code violation(s)
charged in the field enforcement report, complaint/arrest affidavit or other charging document
and/or finds the person charged not guilty, the magistrate, county court judge or hearing
examiner shall issue an order for release of the seized vehicle without removal and storage
fees.
(2) If the magistrate, county court judge or hearing examiner finds a violation of the Code, the
magistrate, county court judge or hearing examiner shall assess a fine and/or jail sentence as
provided in Section 31-111(f) of the Code, and removal and storage fees. The fine(s), if any,
and removal and storage fees must be paid in order to obtain an order for release of the seized
vehicle. A magistrate, county court judge or hearing examiner shall not issue an order releasing
the vehicle where said vehicle is subject to forfeiture proceedings pursuant to Section 31-
116(G).
(3) If the owner does not obtain the vehicle by the date specified in the order of release, the owner
shall be responsible for any further storage fees, and payment of such fees shall be made
before the release of the vehicle.
(4) A vehicle shall not be released from storage prior to the scheduled hearing specified in this
subsection if the vehicle is subject to forfeiture pursuant to Section 31-116(G)of the Code.
(5) Default hearing. If the owner of the seized vehicle fails to appear for the hearing specified in
Section 31-116(D), a default hearing will be held. A magistrate, county court judge or hearing
examiner shall make a determination pursuant to paragraph (1) or (2) of this subdivision (E).
The CSD will inform the respondent of the default determination by certified mail, return receipt
requested. The information mailed to the owner shall include the provisions of Section 31-116
herein concerning abandoned vehicles. The respondent may comply with the default
determination within seven calendar days of such mailing or move to vacate such default
determination. In the event that such default determination is vacated, the respondent shall be
entitled to a hearing de novo on the original complaint/arrest affidavit, field enforcement report
or other charging document. Such hearing shall be scheduled within ten (10) working days of
the order vacating the default determination or as soon a practicable.
(F) Appeals. If found in violation of one (1) or more of the provisions referenced in Section 31-116(A),
the assessed fine(s) together with removal and storage fees must be paid in order to appeal.
However, if the vehicle is the subject of a forfeiture proceeding pursuant to Section 31-116(G) of the
Code, only the fine, if any, must be paid in order to appeal. If upon appeal the decision is reversed in
whole or part, the appellant shall receive a refund of the relevant fine(s)and fees.
(G) Forfeiture.
(1) Forfeiture. In addition to the penalties set forth in Sections 31-111 and 31-112 of the Code, any
passenger motor vehicle used to commit three(3)or more violations of Section 31-103(a) of the
Code on at least three (3) separate occasions within a thirty-six(36) month period, where all of
such violations were committed on or after August 6, 1993, shall be subject to forfeiture upon
notice and judicial determination.
(2) Determination by the CSD Director. The Director of the CSD shall determine whether to pursue
the remedy of forfeiture. Miami-Dade County shall not use the seized vehicle for any purpose
until the rights to, interest in, and title to the seized property are perfected in accordance with
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PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.-PASSENGER MOTOR CARRIERS
this section. This section does not prohibit use or operation necessary for reasonable
maintenance of seized vehicles. Reasonable efforts shall be made to maintain seized vehicles
in such a manner as to minimize loss of value.
(3) Vehicles subject to forfeiture may be seized provided that the owner is notified at the time of the
seizure or by certified mail, return receipt requested, that there is a right to an adversarial
preliminary hearing after the seizure to determine whether probable cause exists to believe that
such vehicle has been used to commit three (3) or more violations of Section 31-103(a) of the
Code on at least three (3) separate occasions within a thirty-six (36) month period, where all of
such violations were committed on or after August 6, 1993. The CSD or other authorized law
enforcement agencies shall make a diligent effort to notify the owner of the seizure. Notice
provided by certified mail must be mailed within five (5) working days of the seizure and shall
state that the owner may request an adversarial preliminary hearing within fifteen (15) days of
receiving such notice. When a post-seizure adversarial preliminary hearing as provided herein
is requested, it shall be held within ten (10) days after the request or as soon as practicable. If
the court determines that the required probable cause exists, the court shall order the property
restrained by the least restrictive means to protect against disposal, waste, or continued illegal
use pending disposition of the forfeiture proceeding. If the court orders the release of the
vehicle, all fines, if any, and towing and storage fees shall be paid prior to release.
(4) Neither replevin nor any other action to recover any interest in such property shall be
maintained in any court, except as provided in this section; however, such action may be
maintained if forfeiture proceedings are not initiated within forty-five (45) days after the date of
seizure. However, if good cause is shown, the court may extend the aforementioned prohibition
to sixty(60) days.
(5) The court shall order the forfeiture of any other property of a claimant of a vehicle, excluding
lienholders, up to the value of the vehicle subject to forfeiture under this section if the vehicle:
(a) Cannot be located;
(b) Has been transferred to, sold to, or deposited with, a third party;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by any act or omission of the person in
possession of the property; or
(e) Has been commingled with any property which cannot be divided without difficulty.
(6) Exceptions:
(a) No vehicle shall be forfeited under the provisions of this section if the owner of such vehicle
establishes by a preponderance of the evidence that she or he neither knew, nor should
have known after a reasonable inquiry, that such vehicle was being used or was likely to
be used in violation of Section 31-103(a) of the Code.
(b) No bona fide lienholder's interest shall be forfeited under the provisions of this section if
such lienholder establishes by a preponderance of the evidence that she or he neither
knew, nor should have known after a reasonable inquiry, that such property was being
used or was likely to be used in violation of Section 31-103(a) of the Code, that such use
was without his or her expressed or implied consent, and that the lien had been perfected
in the manner prescribed by law prior to such seizure.
(c) No vehicle which is rented or leased from a company engaged in the business of renting or
leasing vehicles shall be forfeited under the provisions of this section if the company
establishes by a preponderance of the evidence that it neither knew, nor should have
known, that the vehicle was being used or was likely to be used in violation of Section 31-
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PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.-PASSENGER MOTOR CARRIERS
103(a) of the Code. When a vehicle which is rented or leased from a company engaged in
the business of renting or leasing vehicles is seized under this section, upon learning the
address or phone number of said company, the CSD shall, as soon as practicable, inform
said company that the vehicle has been seized.
(d) Any interest in, title to, or right to a vehicle titled or registered jointly by the use of the
conjunctives "and," "and/or," or "or" held by a co-owner shall not be forfeited if the co-
owner establishes by a preponderance of the evidence that such co-owner neither knew,
nor had reason to know, after reasonable inquiry, that such property was used or was likely
to be used in violation of Section 31-103(a) of the Code. When the interests of each
culpable co-owner are forfeited, any remaining co-owners shall be afforded the opportunity
to purchase the forfeited interest in, title to, or right to the property from Miami-Dade
County. If any remaining co-owner does not purchase such interest, Miami-Dade County
may hold the property in co-ownership, sell its interest in the property, liquidate its interest
in the property, or dispose of its interest in the property in any other reasonable manner.
(7) Forfeiture proceedings.
(a) It is the policy of Miami-Dade County that the provisions of this section are adopted to
deter and prevent the continued use of passenger motor vehicles to violate Section 31-
103(a) of the Code while protecting proprietary interests of innocent owners and
lienholders and to authorize the use of the proceeds collected under this section as
supplemental funding for enforcement purposes.
(b) The Florida Rules of Civil Procedure shall govern forfeiture proceedings under this section
unless otherwise specified herein.
(c) Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is
waived by the claimant of the vehicle through a written waiver or on the record before the
court conducting the forfeiture proceeding.
(d) Miami-Dade County shall promptly proceed against the vehicle by filing a complaint in the
circuit court.
(e) (i)
The complaint shall be styled, "in RE: FORFEITURE OF " (followed by the
name or description of the vehicle). The complaint shall contain a brief jurisdictional
statement, a description of the subject matter of the proceeding, and a statement of the
facts sufficient to state a cause of action that would support a final judgment of forfeiture.
The complaint must be accompanied by a verified supporting affidavit.
(ii) If no person entitled to notice requests an adversarial preliminary hearing, as provided
in Section 31-116(G)(3), the court, upon receipt of the complaint, shall review the
complaint and the verified supporting affidavit to determine whether there was
probable cause for the seizure. Upon a finding of probable cause, the court shall enter
an order showing the probable cause finding.
(iii) The court shall require any claimant of a vehicle who desires to contest the forfeiture
to file and serve upon the attorney representing Miami-Dade County any responsive
pleadings and affirmative defenses within twenty (20) days after receipt of the
complaint and probable cause finding.
(f) (i)
Miami-Dade County shall serve notice of the forfeiture complaint by certified mail, retum
receipt requested, to each person having a security interest in the vehicle. Miami-Dade
County shall also publish notice of the forfeiture complaint twice each week for two (2)
consecutive weeks in a newspaper of general circulation in Miami-Dade County.
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PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE III.-PASSENGER MOTOR CARRIERS
(ii) The notice shall, in addition to stating that which is required by Section 31-116(G)(3)
describe the property; state the county, place, and date of seizure; state the
governmental entity holding the seized property; and state the name of the court in
which the complaint will be filed.
(iii) Miami-Dade County shall be obligated to make a diligent search and inquiry as to the
owner of the vehicle, and if, after such diligent search and inquiry, Miami-Dade County
is unable to ascertain any person entitled to notice, the actual notice requirements by
mail shall not be applicable.
(g) When the claimant of the vehicle and Miami-Dade County agree to settle the forfeiture
action prior to the conclusion of the forfeiture proceeding, the settlement agreement shall
be reviewed, unless such review is waived by the claimant of the vehicle in writing, by the
count or a mediator or arbitrator agreed upon by the claimant and Miami-Dade County.
(h) Upon clear and convincing evidence that the seized vehicle was used to commit a third or
subsequent violation of Section 31-103(a) of the Code on at least three (3) separate
occasions within a thirty-six(36) month period, where all of such violations were committed
on or after August 6, 1993, the court shall order the seized property forfeited to Miami-
Dade County. As used in this subsection, a "violation" occurs when a person or entity
pleads guilty or nob contendere or is convicted or found guilty of violating Section 31-
103(a) of the Code using the vehicle subject to forfeiture. The final order of forfeiture by the
court shall perfect in Miami-Dade County right, title, and interest in and to such property,
subject only to the rights and interests of bona fide lienholders, and shall relate back to the
date of seizure.
(i) (i)
The seized property shall be released immediately to the person entitled to possession of
the property as determined by the court when the claimant prevails at the conclusion of the
forfeiture proceeding, and Miami-Dade County decides not to appeal.
(ii) When the claimant of the vehicle prevails at the conclusion of the forfeiture
proceeding, any decision to appeal must be made by the CSD Director. If the claimant
prevails on appeal, Miami-Dade County shall immediately release the seized property
to the person entitled to possession of the property as determined by the court.
(j) Disposition of forfeited property where no lien. When Miami-Dade County obtains a final
judgment granting forfeiture of a vehicle, it may elect to:
(i) Retain the property for the County's use;
(ii) Sell the property at public auction or by sealed bid to the highest bidder; or
(iii) Salvage, trade, or transfer the vehicle to any public or nonprofit organization.
(k) Disposition of forfeited property where lien. If the forfeited vehicle is subject to a lien
preserved by the court as provided in Section 31-116(G)(6)(b), Miami-Dade County shall:
(i) Sell the property with the proceeds being used towards satisfaction of any liens; or
(ii) Have the lien satisfied prior to taking any action authorized by Section 31-116(G)(7)(j).
(I) Priority of disbursement. The proceeds from the sale of a forfeited vehicle shall be
disbursed in the following priority:
(i) Payment of the balance due on any lien preserved by the court in the forfeiture
proceedings.
(ii) Payment of the cost incurred by Miami-Dade County in connection with the storage,
maintenance, security, and forfeiture of such property.
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(iii) Payment of court costs incurred in the forfeiture proceeding.
(iv) The remaining proceeds shall be deposited in an Enforcement Trust Fund hereby
established by the Board of County Commissioners. Such proceeds and interest
earned therefrom shall be used for enforcement of the provisions of Chapter 31 of the
Code.
(H) Abandoned vehicles.
(1) If an owner does not assert an interest in a seized vehicle by removing it from storage within the
time periods specified in paragraph (2) of this Section (H), the vehicle shall be deemed
abandoned. A declaration of such abandonment may be made by a circuit court judge after a
duly noticed hearing, without further hearing.
(2) A vehicle shall be deemed abandoned, pursuant to paragraph (1) herein, if an owner.
(a) Has not removed the vehicle from storage within ten (10) days of obtaining an order of
release pursuant to Section 31-116(C), (E) or(G)(7)(i) herein; or
(b) Has not paid the fines, if any, and towing and storage fees within ten (10) days of a hearing
determination of violation pursuant to Section 31-116(E)(2) herein, or within ten (10) days
after notice of a default determination of violation was mailed to the owner pursuant to
Section 31-116(E)(5) herein; or
(c) Has not paid the fines, if any, and towing and storage fees within ten (10) days of denial of
a motion to vacate a default determination pursuant to Section 31-116(E)(5); or
(d) Has not paid the fines, if any, and towing and storage fees within ten (10) days after a
notice was mailed by the CSD to the owner that the County will not pursue the remedy of
forfeiture pursuant to Section 31-116 herein.
(3) In the event that a vehicle has been deemed abandoned pursuant to paragraphs (1) and (2) of
this subsection (H), the CSD shall mail to the owner a notice that the vehicle has been
recovered by CSD as an abandoned vehicle and that, if unclaimed, its ownership shall vest in
Miami-Dade County and it will be sold at public auction or by bid after ten (10) days from the
date such notice was mailed. Such notice shall also be mailed to any lienholder or mortgagee
shown in the records of the jurisdiction which issued the number of license plates on the
vehicle.
(4) An owner, lienholder or mortgagee may claim the vehicle within ten (10) days from the date that
the notice described in paragraph (3) of this subsection (H) was mailed, by paying the towing
and storage fees due and any fine(s).
(5) In the event that an abandoned vehicle is not claimed within ten (10) days after the notice
described in paragraph (3) of this subsection (H) was mailed, ownership of the abandoned
vehicle shall vest in CSD after a duly noticed hearing and declaration of abandonment by a
circuit court judge. The CSD may sell an abandoned vehicle at public auction or by bid.
Proceeds shall be paid into the Enforcement Trust Fund.
(Ord. No. 93-77, § 1, 7-29-93)
Secs. 31-117-31-200. - Reserved.
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FOOTNOTE(S):
(2799 Editor's note—Ord.No. 81-17, adopted Feb. 17, 1981, did not specify manner of
codification; therefore, inclusion of§§2-16 as Art. III, §§ 31-101-31-115,has been at the
editor's discretion. (Backl -
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ARTICLE IV.-SPECIAL TRANSPORTATION SERVICE CARRIERS
ARTICLE IV.-SPECIAL TRANSPORTATION SERVICE CARRIERS
Sec. 31-201. -Transportation policy.
Sec. 31-202. - Definitions.
Sec. 31-203. -Special transportation services certificate of transportation.
Sec. 31-204. -Operating permits.
Sec. 31-205. -Chauffeur's registration.
Sec. 31-206. - Financial responsibility and insurance requirements.
Sec. 31-207. -Safety regulations and inspection.
Sec. 31-208. - Rules for operation.
Sec. 31-209. - Enforcement.
Sec. 31-210. - Penalties.
Sec. 31-211. -Suspension or revocation proceedings.
Sec. 31-212. - Duties of the consumer services department.
Sec.31-213. -Special provisions.
Secs.31-214-31-300. - Reserved.
Sec. 31-201. -Transportation policy.
To assure the development and maintenance of a safe, healthy and efficient passenger
transportation system for Miami-Dade County, the Commission hereby enacts the following regulations
pertaining to the operation of special transportation service carriers operating in Miami-Dade County
pursuant to contracts with Miami-Dade County to provide Miami-Dade Transit Agency services.
(Ord. No. 91-130,§2, 11-5-91)
Sec. 31-202. - Definitions.
For the purposes of this article,the following definitions shall apply:
(a) Special transportation services certificate of transportation means the holder thereof may
engage in providing the special transportation services described thereon and consistent with
the terms and restrictions contained in the applicable Miami-Dade County contract relating
thereto.
(b) Chauffeur means a duly licensed driver registered with and authorized by the Consumer
Services Department to operate a special transportation services vehicle.
(c) Commission means the Board of County Commissioners of Miami-Dade County, Florida.
(d) Common carrier means any motor carrier who holds his services out to the public.
(e) Special transportation services means any transportation services provided by a motor carrier,
for compensation,to passengers with disabilities, including non-ambulatory individuals who use
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wheelchairs, or individuals who are eligible for Medicaid as determined by the Florida
Department of Health and Rehabilitative Services, pursuant to a written contract with Miami-
Dade County for the provision of Miami-Dade Transit Agency services or pursuant to a written
contract with a broker which has a written contract with Miami-Dade County for the provision of
Miami-Dade Transit Agency services.
(f) County Manager means the"chief executive officer and head of the administrative branch of the
County government as provided in Article III of the Home Rule Charter of Miami-Dade County,
Florida.
(g) Director means the Miami-Dade County Consumer Services Department director.
(h) For compensation means for money,property,service or anything else of value.
(i) Operate means providing transportation services for compensation utilizing a special
transportation services motor vehicle pursuant to a contract with Miami-Dade County for the
provision of Miami-Dade Transit Agency services.
(j) Operator means any person who has been issued a special transportation services certificate of
transportation in accordance with the provisions of this article.
(k) CSD means the Miami-Dade County Consumer Services Department.
(I) Special transportation services motor carrier or motor carrier means any person owning,
controlling, operating or managing any motor vehicle used in the business of providing special
transportation services for compensation pursuant to a contract with Miami-Dade County for the
provision of Miami-Dade Transit Agency services.
(m) Permit means an operating permit authorizing the holder thereof to utilize the motor vehicle
described in said permit to provide special transportation services to passengers as authorized
by a special transportation services certificate issued pursuant to this article.
(n) Person means any individual, corporation, firm, partnership, limited partnership, association or
joint stock association.
(o) Registration means a chauffeur's registration authorizing the holder thereof to operate
passenger motor vehicles subject to the provisions of this article.
(p) Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public
park, viaduct or other public place located in the County and established for the use of motor
vehicle.
(q) MDTA means the Miami-Dade Transit Agency.
(r) Special transportation services motor vehicle means any chauffeur-driven motor vehicle
engaged in providing special transportation services to passengers with disabilities, including
non-ambulatory individuals who use wheelchairs, or individuals who are eligible for Medicaid as
determined by the Florida Department of Health and Rehabilitative Services, pursuant to a
contract with Miami-Dade County for the provision of Miami-Dade Transit Agency services.
(s) Sedan means a special transportation, services motor vehicle, not equipped with a taximeter,
with at least four (4) doors and providing seating accommodations for not more than eight (8)
persons, exclusive of driver.
(t) Broker means any person who has entered into a contract with Miami-Dade County to provide
specified administrative services only related to the provision of transportation services, for
compensation, to passengers with disabilities, including non-ambulatory individuals who use
wheelchairs, or individuals who are eligible for Medicaid as determined by the Florida
Department of Health and Rehabilitative Services.
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(u) Service provider means any person who has entered into a contract with a broker to provide
transportation services, for compensation, to passengers with disabilities, including non-
ambulatory individuals who use wheelchairs, or individuals who are eligible for Medicaid as
determined by the Florida Department of Health and Rehabilitative Services.
(v) Paratransit services means any transportation services provided for compensation to
passengers with disabilities by motor carriers between specific origins and destinations selected
by an individual user at a certain time that is agreed upon by the user and the service provider.
(w) The Americans with Disabilities Act of 1990 or the ADA means the civil rights act signed into law
on July 26, 1990 as Public Law 101-336, 104 Stat. 327, as the same may be amended from
time to time.
(x) The ADA-defined area of Miami-Dade County means the complementary paratransit service
area as required by the ADA or any federal regulations established pursuant to the ADA. The
service area includes an area with a width of three-fourths of a mile on each side of each of
Miami-Dade County's fixed bus routes and an area consisting of a circle with a radius of three-
fourths of a mile around each Metrorail station.
(y) Paratransit passenger means an individual receiving paratransit services who has a physical or
mental impairment as defined by the ADA that substantially limits one (1) or more of the major
life activities of such individual, has a record of such impairment or has been regarded as
having such an impairment.
(Ord. No. 91-130, §2, 11-5-91;Ord. No.92-101, § 1, 9-15-92;Ord. No. 95-221, §4, 12-5-95)
Sec. 31-203. -Special transportation services certificate of transportation.
(a) Required. From and after the effective date of this article, it shall be unlawful for any person to use,
drive or operate or to cause or permit any other person to use, drive or operate any special
transportation services motor vehicle for compensation upon the streets of Miami-Dade County
without first obtaining a Miami-Dade County special transportation services' certificate of
transportation, a certificate issued pursuant to Article III of this chapter, a for hire license issued
pursuant to Article II of this chapter, or a certificate issued pursuant to Article III of Chapter 4 of the
Code of Miami-Dade County, and maintaining it current and valid, pursuant to the provisions of this
article,unless specifically excluded from this article.
Nothing in this article shall be construed to prohibit:
(1) Discharge within Miami-Dade County of any passenger lawfully picked up in another County.
(2) Pick up of a paratransit passenger by a provider of pratransit 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 area of Miami-Dade County. A
paratransit service provider shall not be required to obtain a Miami-Dade County Certificate of
public convenience and necessity for such purpose, nor shall a chauffeur of such paratransit
vehicle be required to obtain a Miami-Dade County for-hire chauffeur's registration.
(b) Application contents. Every application for a special transportation services certificate shall be in
writing, signed and sworn to by the applicant, and shall be filed with the CSD. The statements
contained in the application shall become a part of the certificate and may be modified only in
accordance with this article.The application shall be on a form provided by CSD and shall contain all
information required thereon, including but not limited to:
(1) Sufficient information to identify the applicant.
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(2) The class of transportation service to be authorized under this article, routes, termini,
schedules, etc., and a brief description of the kinds of and types of vehicles, seating capacity of
the vehicles,seating arrangements,and size and gross weight thereof.
(3) The trade name under which the applicant intends to operate and a description of the proposed
vehicle colors, numbers and markings.
(4) The applicant's management plan including but not limited to maintenance facilities, a system
for handling complaints and accidents, a driver training program, insurance coverage, and a
communication system.
(5) The applicant's proposed service standards, including but not limited to days and hours of
operation, and passenger services to be provided.
(6) The applicant's proposed initial public fare and rate structure.
(7) A record of all present and prior transportation business activities of the applicant during the
past five (5)years.
(8) A record of all crimes (excluding traffic) of which the applicant has been convicted within five(5)
years preceding the date of the application. The applicant shall have his/her fingerprints and
photograph taken by the Miami-Dade Police Department.
(9) Two (2) credit references including at least one (1) bank where the applicant maintains an
active account.
(10) An investigative and processing fee which shall be nonrefundable.
(11) An agreement on the part of the applicant to conform to and abide by the provisions of this
article and the laws of the State of Florida.
(12) The applicant's current financial statement. If the applicant has an existing certified financial
statement,the most current certified financial statement is required.
(13) A factual statement indicating the anticipated market to be served and such other pertinent
information as the applicant may desire to present to support his application.
(14) A factual statement supporting the economic feasibility of the services proposed to be provided,
including estimated ridership, fare revenue, and operating expenses for the first year of
operation.
(15) An operational plan for implementing the proposed services.
(16) A public notice which shall contain a brief summary of the subject matter of the applicant
including a brief description of the type of service proposed and the geographical area to be
served.
(c) Application review.The Director, or his or her designee, shall review and investigate each application
submitted pursuant to this article. Such investigation shall include a Miami-Dade Police Department
background check including, but not limited to, past business credit or financial standing and law
enforcement records.
(d) Certification criteria and process. The Director shall determine if the requested certificate is
consistent with the following public interest criteria.
(1) That the applicant is fit, willing and able, in accordance with the requirements of this section, to
provide the transportation to be authorized by the certificate.
(2) The transportation to be provided under the requested certificate is consistent with the public
interest.
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(3) That the proposed transportation service will improve the quality of transportation available to
the public.
The Director may authorize or refuse to authorize the certificate applied for, or may authorize a certificate
with such modifications or upon such terms and conditions as in his judgment the public interest may
require. The Director shall not issue a special transportation services certificate to an applicant until such
applicant is awarded a contract by Miami-Dade County to provide Miami-Dade Transit Agency services.
(e) Further requirements. No certificate shall be issued unless the applicant has:
(1) Paid an annual certificate fee for the right to operate special transportation services motor
vehicles;
(2) Presented proof of insurance as required by Section 31-206 of this article;and
(3) Passed all required vehicle inspections.
Failure on the part of the applicant to complete this process within ninety (90) days after notification of
contract award shall cause the certificate not to be issued and the County's approval to be automatically
revoked.
(f) Form of certificate. Each certificate shall be on a form developed by CSD and shall be signed by the
Director. Each certificate shall contain, at a minimum, the name and address of the applicant, a
statement of the transportation service authorized, the passenger capacity of the vehicles to which it
applies, and such additional terms, conditions, provisions, and limitations as were authorized in the
approval process.
(g) Renewal. All certificates shall be renewed before April 1 of each year by payment of an annual
certificate fee. All fees provided for in this section shall be in addition to any other license fees or
charges and shall not be prorated for fractional parts of a year. All certificates that are not renewed
shall automatically expire and all certificate transportation services rendered thereunder shall
immediately cease as of April 1.
(h) Transfer of certificate. No certificate issued pursuant to this article may be sold, assigned,
transferred, leased, or its ownership structure changed or altered so as to result in a change or the
possibility of a change in the control of said certificate to another.
(Ord. No. 91-130, §2, 11-5-91;Ord. No.95-221, § 4, 12-5-95)
Sec. 31-204.-Operating permits.
(a) After a person has secured a certificate or license hereunder and before any special transportation
services motor vehicle shall be operated under authority of such certificate or license, such person
shall make separate application to CSD for a permit for each motor vehicle to be operated pursuant
to said certificate. Each permit application shall be in writing, verified by the certificate holder and
shall contain the name and address of the applicant, the date and title of the contract pursuant to
which such transportation services are authorized,the certificate number and the make,type, year of
manufacture, serial number, State license plate number, VIN number, and seating capacity of each
motor vehicle for which a permit is desired. Upon payment of a permit fee,the CSD shall issue to the
applicant a permit provided that the vehicle for which the permit is sought complies with the minimum
safety requirements and vehicle standards set forth in this article, provided that the vehicle to be
permitted is the type of vehicle authorized by such certificate,and is insured according to Section 31-
206 of this article.
If the vehicle for which a permit is being sought is a motor vehicle that is specially designed,
constructed, reconstructed, or equipped to provide nonemergency medical transportation services, such
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vehicle must meet each of the vehicle standards enumerated in Section 4-49 of the Code of Miami-Dade
County. If the vehicle for which a permit is being sought is a sedan, such vehicle must meet each of the
vehicle standards enumerated in Section 31-89 of the Code of Miami-Dade County. Finally, if the vehicle
for which a permit is being sought pursuant to this section is a chauffeur-driven motor vehicle less than
thirty-one (31) feet in length and with a rated seated capacity of less than twenty-nine (29) persons and
more than eight (8) persons, exclusive of driver, such vehicle must meet each of the safety regulations
enumerated, or adopted by reference, in Sections 31-107 and 31-207 of the Code of Miami-Dade County.
(b) Each permit issued hereunder shall expire April 1 of each year, and may be renewed upon payment
of the fee prescribed in subsection (a) above. It shall be unlawful to operate any vehicle required to
have an operating permit without such a current, valid permit displayed within the vehicle.
(c) No permit shall be issued for the operation of any vehicle,the condition of which would interfere with
or detract from the comfort, convenience or safety of the passengers transported therein. In the
event any motor vehicle for which a permit has been issued shall become unsafe to operate or its
body, lift, or seating facilities become so damaged, deteriorated or unclean as to render said vehicle
unfit for public use, CSD may suspend the permit therefor until such time as the condition is
remedied; provided, however, that no such suspension shall be effective until the permit holder or
vehicle driver has received actual notice of the particular conditions to be remedied.
(d) Each permit issued hereunder shall be separately numbered.The operating permit shall,at all times,
be displayed within the vehicle and shall be available for inspection by any authorized personnel or
police officer.
(e) Permits issued hereunder shall not be transferable, leasable, or assignable.
(f) No certificate holder shall reconstruct, alter, modify, add to or otherwise change the body, seating
capacity or seating arrangement after a permit has been issued pursuant to this section, unless and
until the consent of the CSD shall first have been obtained.
(g) Either the Consumer Services Department or the MDTA may limit the maximum number of operating
permits a certificate holder may obtain pursuant to this section.
(Ord. No. 91-130, §2, 11-5-91;Ord. No.92-66, §3, 7-7-92)
Sec. 31-205. - Chauffeur's registration.
It shall be unlawful for any person to drive a special transportation service vehicle over any street in
Miami-Dade County without first having obtained a chauffeur's registration from the CSD pursuant to
Chapter 31, Article V of this Code.
(Ord. No. 91-130, §2, 11-5-91; Ord. No. 92-26, §3, 4-21-92;Ord. No. 94-15, §3, 1-20-94)
Sec. 31-206.- Financial responsibility and insurance requirements.
(a) No special transportation services motor vehicle shall be permitted to operate without the operator
having first obtained and filed with CSD a certificate of insurance on forms provided by CSD for each
vehicle showing automobile liability insurance coverage with limited liability no less than one hundred
thousand dollars ($100,000.00) for one (1) passenger and three hundred thousand dollars
($300,000.00) for all passengers for injuries or death arising out of any one (1) occurrence, and fifty
thousand dollars ($50,000.00) for damages to property arising out of any one (1) occurrence. Any
vehicle with a seating capacity in excess of fifteen (15) shall provide additional minimum limit for
injury or death of ten thousand dollars($10,000.00) per passenger seat of each vehicle.
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(b) The insurance required in this section shall be written by an insurance company authorized to do
business in the State of Florida. Such company must be rated no less than "B" as to management,
and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of
the Miami-Dade County Risk Management Division; or the company must hold a valid Florida
Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or
Approved to do Business in Florida", issued by the State of Florida Department of Insurance and be
a member of the Florida Guaranty Fund.
(c) The certificate of insurance shall be endorsed to provide for thirty(30) days notice by registered mail
of any material change, cancellation or expiration. No policy will be accepted for a shorter period
than six(6) months.
(Ord. No. 91-130, §2, 11-5-91)
Sec. 31-207. -Safety regulations and inspection.
(a) Adoption; enforcement. The Consumer Services Department (CSD) shall adopt and enforce all
safety regulations of the United States Department of Transportation that are applicable to
passenger motor carriers and passenger motor vehicle carriers, as required for operation in an urban
area.Any operator applying for a certificate or permit requiring or authorizing the use of a specialized
or unique vehicle, not contemplated in United States Department of Transportation regulations, shall
submit, subject to approval by CSD, safety regulations for each specific type of vehicle as to
equipment,operation, maintenance, seating capacity and inspection of such vehicles,consistent with
the vehicle manufacturer specifications, which must be submitted by the operator. The CSD shall
develop special standards to be applied to motor vehicles older than five (5) years which are
operated as passenger motor vehicles in order to assure that such vehicles are safe.
(b) Vehicle age. No vehicle older than fifteen (15) model years shall be operated as a passenger motor
carrier.
(c) Inspection for compliance.CSD shall provide for inspection of each vehicle as follows for compliance
with the foregoing standards:
(1) If the vehicle is a motor vehicle that is specially designed, constructed, reconstructed, or
equipped to provide nonemergency medical transportation services, such vehicle must be
inspected in accordance with the requirements enumerated in Section 4-49(b) of the Code of
Miami-Dade County.
(2) If the vehicle is a sedan, such vehicle must be inspected in accordance with the requirements
enumerated in Section 31-89(d) of the Code of Miami-Dade County.
(3) Finally, if the vehicle is a chauffeur-driven motor vehicle less than thirty-one (31) feet in length
and with a rated seated capacity of less than twenty-nine (29) persons and more than eight (8)
persons, exclusive of driver, such vehicle must be inspected in accordance with the
requirements enumerated in Section 31-107(c)of the Code of Miami-Dade County.
CSD shall charge a fee for such inspections. In addition to regular inspections,the CSD may also inspect
any special transportation services motor vehicle at any time. The results of each inspection shall be
recorded and a copy provided the operator. Any vehicle failing to meet required safety standards [shall
not be operated as a special transportation service carrier] until such time as the vehicle satisfactorily
passes inspection.
(Ord. No. 91-130, §2, 11-5-91;Ord. No. 92-66, §3, 7-7-92)
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Sec. 31-208. - Rules for operation.
(a) Color scheme. Each operator shall adopt and use, after approval by the CSD, a distinctive, uniform,
and decorative color scheme for all special transportation services motor carrier vehicles certified
pursuant to this article. The CSD shall refuse to approve any proposed color scheme which will
infringe upon any color scheme already in use by another operator. No other color scheme shall be
employed until approved by the CSD.
(b) Disposal of personal property. Personal property left by a passenger in any special transportation
services motor vehicle shall, upon its discovery by or delivery to the chauffeur of said vehicle, be
reported immediately to and deposited at the operator's office, where a record of the same shall be
maintained and the property held for the owner for a period of six (6) months, at the end of which it
shall become the property of the finder. The operator shall be responsible for chauffeur compliance
with this section.
(c) Compliance with other legislation. Every operator shall fully comply with all ordinances, rules and
regulations of the County and all statutes of the State of Florida applicable to the operation of
passenger motor vehicles.
(d) Accessibility of service to the public;accessibility of records for regulatory purposes. Each operator
shall maintain and list with CSD a central place of business, where a listed telephone number is
operative and where business records and daily manifests set forth herein are kept.
(e) Records required. Each operator shall maintain accurate records of all financial and operating
information as may be required by CSD. CSD shall be granted access to these records for the
purpose of inspection and/or copying same, upon five (5) days' prior notice. All such records and
information shall be confidential except that they will become public records for the purpose of
revocation or suspension hearings, or, if required by the Board of County Commissioners, for the
purpose of approving or disapproving applications for new certificates. Each operator shall annually
furnish financial and operating information to CSD on forms and in the manner prescribed by CSD.
(f) Antidiscrimination. No operator or chauffeur shall refuse or neglect to transport to and from any place
in the County any orderly person requesting service regardless of race, sex, religion, national origin,
age, marital status or handicap, who is willing and able to pay the prescribed fare.
(g) Vehicle numbering system. Each operator shall adopt a vehicle numbering system approved by
CSD, which does not conflict with those in use by other operators.
(h) Manifest or trip sheet required. Every operator shall maintain a manifest or trip sheet on a form
approved by CSD, which shall include, but not be limited to, the following information on each trip:
Name of chauffeur, vehicle number, date, time, origin, destination, number of passengers, and rate
or fare. Operators shall not destroy, mutilate, alter or otherwise deface any daily manifests without
CSD approval. All manifests shall be available for inspection and/or copying by CSD or any police
agency during regular business hours and shall be retained for three(3)years.
(i) Prohibitions for operators. No operator shall:
(1) Knowingly allow or permit any person to operate a special transportation services motor vehicle
while his ability or alertness is so impaired, or is likely to become impaired, through fatigue,
illness, or any other cause, as to make it unsafe for him to begin or continue to operate the
motor vehicle;or
(2) Permit or authorize any chauffeur or other person to operate any special transportation services
motor vehicle without that vehicle's current valid certificate displayed therein; or
(3) Operate or permit or authorize anyone else to operate any special transportation services motor
vehicle unless and until that person is issued a chauffeur's registration in accordance with
Section 31-105
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ARTICLE IV.-SPECIAL TRANSPORTATION SERVICE CARRIERS
(j) Vehicle prohibitions. No operator shall allow vehicles permitted under this article to:
(1) Stop, stand, park or await employment at a marked taxicab stand.
(2) Display the word(s)"taxicab,""taxi"or"cab"on the vehicle exterior.
(3) Be equipped with a taximeter.
(4) Operate as a taxicab, as defined in the County Code.
(k) [Advertising restricted.] No operator shall use for the purpose of advertising or requesting services to
be provided under this article telephone number(s)that is used to request or furnish taxicab services.
(Ord. No. 91-130, §2, 11-5-91)
Sec. 31-209. - Enforcement.
(a) This article shall be enforced by authorized personnel of CSD, and by the Miami-Dade Police
Department, and may be enforced by another police agency within Miami-Dade County. CSD shall
prepare and distribute all authorized enforcement agencies an enforcement manual outlining
procedures for the detection, reporting and issuance of citations or deficiency reports for violations of
this article.
(b) CSD shall develop a deficiency or warning system through which operators are given written notice
of minor violations and a specified period of time to correct same. For more serious or repeated
violations, CSD shall develop a citation form. Authorized personnel will issue citations as official
notice of violations. Civil violations by chauffeurs shall be processed under Chapter 8CC of the
Code.
(c) Deficiency reports and/or 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. Notice
is given to a chauffeur for a violation involving the vehicle under his control shall be deemed notice to
the operator.
(d) Whether 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 the 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.
(Ord. No. 91-130, §2, 11-5-91;Ord. No.94-15, §3, 1-20-94)
Sec. 31-210. - Penalties.
(a) In addition to any other penalties provided by law, a fine not to exceed five hundred dollars($500.00)
may be imposed for each and every violation of the provisions of this article, provided that violations
which result in fines pursuant to this section shall not be the basis for revocation or suspension
proceedings except that five (5) or more violations resulting in fines within any twelve-month period
shall constitute grounds for revocation or suspension proceedings.
(b) Failure to correct items recorded on a deficiency report by the time deadline shall cause a citation to
be issued for each such item. In the case of chauffeurs, for civil violations a citation shall be issued
under Chapter 8CC of the Code.
Miami-Dade County,Florida,Code of Ordinances Page 9
PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
AR I ICLE IV.-SPECIAL I RANSPOR IA I ION SERVICE CARRIERS
(c) Except for chauffeurs receiving civil violations, each person issued a citation shall within ten (10)
days either satisfy the citation by payment to CSD of the fine stated in subsection (a) hereof or by
filing a written request for a hearing on the charges. Failure to do one (1) of the foregoing may result
in revocation or suspension proceedings or penalties in accordance with subsection (f) hereof.
(d) Except for chauffeurs receiving 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 empowered to dispose
of the case and fines assessed through normal procedures.
(e) Anyone who engages a passenger motor vehicle with intent to defraud the chauffeur or operator
shall be in violation of this article and subject to the penalty provided for in subsection (f) hereof.
(f) Violations of Section 31-203 or violation of revocation or suspension ordered under Section 31-211
shall be punishable by fines of not less than two hundred and fifty dollars ($250.00) or more than five
hundred dollars ($500.00) and/or imprisonment not to exceed ten (10) days.
(Ord. No. 91-130, §2, 11-5-91;Ord. No. 94-15, §3, 1-20-94)
Sec. 31-211. -Suspension or revocation proceedings.
(a) Certificates; permits; registration. Except as otherwise specified, certificates, permits, and
registrations (issued pursuant to this article) shall be subject to suspension or revocation by the
Director as follows:
(1) Certificates. Upon notice and hearing as hereinafter specified when it shall appear that:
a. The holder thereof has failed or neglected to render the full service authorized by the
certified for a total period of eight(8) months during any calendar year;or
b. The holder thereof has been convicted of a felony or any criminal offense involving moral
turpitude;or
c. The certificate was obtained by an application in which any material fact was omitted or
falsely stated;or
d. The holder thereof has permitted his passenger motor carrier vehicle to be operated in
violation of any law;or
e. The holder thereof has failed to comply with or has willfully violated any of the provisions of
this article;or
f. The holder thereof is in default of its contractual obligations to Miami-Dade County
pursuant to a contract to provide MDTA services;or
g. The contract between the holder thereof and Miami-Dade County to provide MDTA
services expires or is terminated;or
h. The public interest will best be served by revocation or suspension; provided, however,
that good cause be shown.
(2) Permits. Upon notice and hearing as hereinafter specified when it shall appear that:
a. The permit was obtained by an application in which any material fact was omitted or falsely
stated;or
b. The holder thereof has failed to comply with any provisions of this article or any lawful
order of the Director; or
c. The public interest will best be served by revocation or suspension; provided, however,
that good cause be shown.
Miami-Dade County, Florida,Code of Ordinances Page 10
PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE IV.-SPECIAL TRANSPORTATION SERVICE CARRIERS
(3) Registrations. Upon notice and hearing as hereinafter specified when it shall appear that:
a. The chauffeur has failed to comply with or has willfully violated any of the provisions of this
article;or
b. The chauffeur has pled guilty or nolo contendere to driving under the influence of alcoholic
beverages, model glue or any substance controlled under Chapter 893, Florida Statutes, or
has been convicted of same;or
c. The registration was obtained by an application in which any material fact was omitted or
falsely stated;or
d. The public interest will best be served by revocation or suspension; provided, however,
that good cause be shown.
(b) Notice of hearing. All hearings required by this section shall be preceded by a minimum of ten (10)
days' notice. Said notice shall specify the Director's proposed action and the grounds upon which the
action is predicated. The operator or chauffeur (as the case may be) may be represented by legal
counsel and shall be entitled to present his defense to the proposed action. Failure to appear at a
duly noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts
specified in the notice. All such hearings shall be conducted before hearing examiner who shall not
have responsibility for the enforcement of this article and who shall be designated by the Director,
and insofar as is practicable in accordance with the rules of civil procedure governing the procedure
in Circuit Court, except as may be provided in this Code or by rules adopted by the Board of County
Commissioners.All such hearings shall be reported and, at the request of any party,transcribed.
(c) Finding, conclusion and recommendation. Within a reasonable time after the conclusion of the
hearing, the hearing examiner shall submit to the Director a statement of findings, conclusions and
recommendations. If the hearing examiner affirms the Director's proposed action, the appellant shall
pay the administrative costs of the hearing, unless such decision is reversed on subsequent appeal.
The Director shall promptly notify all parties of his or her decision.
(d) Powers. The hearing examiner shall have the power to administer oaths, subpoena witnesses upon
the written request of any interested party and may compel the production of records, books and
papers. Should the hearing examiner, without good cause, refuse to subpoena witnesses or compel
the production of books, records or papers, then any interested party may, without cost to the
petitioner, petition the County Court to order the appearance of any witness or witnesses or order the
production of any books, records or papers necessary to a fair and proper hearing. Failure of any
witness ordered to appear or failure of any person ordered to produce books, records or papers may
constitute a contempt of court and may be punishable as may any other contempt of court.
(e) Penalties. Suspensions pursuant to this section shall not exceed six (6) months. Three (3) or more
suspensions within any twelve-month period may,constitute grounds for revocation of the certificate,
permit, or registration.
(f) Appeals.The Director's decision may be appealed to the County Manager within ten (10) days of the
date of said decision. Such appeal shall not stay the Director's decision. Upon such an appeal, the
County Manager shall consider the transcript of the hearing and all evidence produced at the
hearing. No further testimony or exhibits shall be permitted.The County Manager shall,within twenty
(20) days, on the basis of the record established before the Director, either affirm, reverse or modify
the Director's decision.
(Ord. No. 91-130, §2, 11-5-91)
Miami-Dade County,Florida,Code of Ordinances Page 11
PART III-CODE OF ORDINANCES
Chapter 31-VEHICLES FOR HIRE
ARTICLE IV.-SPECIAL TRANSPORTATION SERVICE CARRIERS
Sec. 31-212.- Duties of the consumer services department.
(a) In addition to the duties and responsibilities specified in this article, CSD 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) Develop and implement, in cooperation with the industry, service expansion and improvements.
(6) Provide technical assistance to the industry.
(7) Perform any other functions assigned by the County Manager.
(b) The Director may propose and the County Manager 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 law.
(c) Whenever in this article a fee is charged or is required to be paid, the amount of such fee shall be
established by administrative order of the County Manager 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. The amount of each fee established hereunder
shall be reasonably related to the costs of the services and regulations provided therefor.
(Ord. No. 91-130, §2, 11-5-91)
Sec. 31-213. -Special provisions.
Notwithstanding any provision to the contrary in this article,the County may enter into a contract with
a broker which requires the broker to provide administrative services related to the provision of special
transportation services. Such broker shall comply with all provisions of this article pertaining to the
provision of special transportation services, including obtaining a certificate of transportation pursuant to
this article; provided, however, the broker must contract with a service provider or service providers to
provide such transportation and the broker may not be a service provider. A service provider is required
to comply with all provisions of this article pertaining to the provision of special transportation services,
including obtaining a certificate of transportation pursuant to this article or otherwise complying with
Section 31-203(a); provided, however, a written contract in effect between the service provider and the
broker shall satisfy the provisions of this article which would require a written contract between the
County and the service provider.The special transportation services certificate of transportation issued to
a service provider pursuant to this article shall be automatically revoked if MDTA determines that the
service provider is in default of its contractual obligations to the broker or the contract between a service
provider and the broker to provide special transportation services expires or is terminated.
(Ord. No. 92-101, §2,9-15-92)
Secs. 31-214-31-300. - Reserved.
Miami-Dade County, Florida,Code of Ordinances Page 12
ARTICLE V.-GENERAL REQUIREMENTS
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 Ill, and special transportation service
regulated under Chapter 31, Article IV and limousines regulated under Chapter 31,Article VI.
(Ord.No. 94-15, § 5, 1-20-94; Ord.No. 00-139, § 1, 11-14-00)
Sec.31-302.-Definitions.
For purposes of this article the following definitions shall apply:
(a) CSD means the.Miami-Dade County'Consumer Services Department.
(b) For-hire company means an entity which is registered with the Consumer Services Department,
which shall minimally provide a color scheme, including the trade name, customer lost and found
services and a system for handling customer complaints. 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
(iii) Passenger motor carrier vehicle
(iv) Non-emergency medical transportation vehicle
(v) Private school bus
(vi) Special transportation service 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
establishment 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.
(d) PTRD means the Passenger Transportation Regulatory Division.
(e) Solicit means an appeal by bell, horn, whistle, words or gestures for immediate patronage of a
for-hire vehicle by a chauffeur or his agent directed at individuals or groups while the person
making the appeal is upon the public way or public property, or the vehicle is parked, stopped,
standing or moving up the public way or public property.
(Ord.No. 94-15, § 5, 1-20-94)
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Sec.31-303.-Chauffeur's registration;all types.
(a) It shall be unlawful for any person to drive any for-hire vehicle over any street in Miami-Dade County
without first having obtained a chauffeur's registration from the CSD 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.
(c) The CSD and the Miami-Dade Police Department shall investigate each applicant and report all
findings. The CSD, 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 CSD 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) Holds 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 CSD, 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 CSD 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 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 (j)) 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 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 CSD 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);
Page 2
(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 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 nob 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 nob 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 CSD 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 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 resulting 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
322.264, 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 person shall only be eligible if and when
his or her civil or residency rights have been restored.
(f) . The director of the CSD 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 under Section 775.084 Florida Statutes; or
Page 3
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 restoration of civil or residency rights is still
legitimately pending, the CSD 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 CSD 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
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
CSD, 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, require, charge, demand, request or accept fares or compensation for
transportation services or related services other than the established rates or fares for the type of
service being provided, nor may any driver collect, require, charge, demand, request or accept
any additional payment including any surcharge, fee, convenience fee, fare or any other form of
compensation for the use of a credit or debit card, unless approved by the County Commission,
or for transporting any baggage which accompanies the passenger, provided, however, that this
provision shall not apply to gratuities.
(8) The passenger shall be offered a receipt for the fare collected.
Page 4
•
(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 CSD upon each modification of his or her agreement with an
operator or for-hire company.All chauffeurs shall notify the CSD 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 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 CSD
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 CSD 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.
(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 CSD in writing on a form provided by the CSD.
(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
Page 5
with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing
-_ rr_
(j) The county manager, 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.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
contendere, 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.
(I) Conviction of a crime. A chauffeur shall be required to notify the CSD 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.
(Ord.No. 94-15, § 5, 1-20-94; Ord.No. 94-128, § 1, 6-21-94; Ord.No. 94-139, § 2, 7-12-94;
Ord.No. 00-73, § 1, 6-6-00; Ord. No. 09-26, § 1, 4-7-09; Ord.No. 09-44, § 1, 6-2-09; Ord.No.
10-35, § 2, 6-3-10; Ord.No. 12-51, § 1, 7-3-12; Ord.No. 14-10, § 2, 1-29-14)
Sec.31-304. -Chauffeur's registration—Additional taxicab requirements.
Each chauffeur shall:
(1) Only transport passengers or goods with a properly sealed and operating taximeter with the flag
down if so equipped and meter running.
(2) When parked in a designated taxi stand remain adjacent and in attendance to his or her vehicle
at all times. All doors on the vehicle are to be closed except when loading or unloading
passengers.
(3) Only transport passengers or goods with a lit tell-tale light.
(4) Inquire of a disabled passenger whether he or she requires assistance from the chauffeur to or
from the nearest accessible door both at the origin and destination of a trip.
(5) Not accept any other fare while en route to a dispatched call for an accessible vehicle.
(6) Notwithstanding any provision to the contrary, twelve (12) months after the effective date of this
ordinance, any chauffeur who seeks authorization to pick-up passengers at Miami International
Airport and the Port of Miami shall be required to register with the Department of Regulatory and
Economic Resources and meet with and abide by the following standards:
(a) Chauffeurs of Ambassador Cabs shall at all times during the performance of their duties be
in compliance with Chapter 31 of the Code of Miami-Dade County, Miami-Dade Aviation
Operational Directive number 42, Port of Miami Tariff number 10 and the requirements of
this section;
(b) A chauffeur seeking authorization to operate an Ambassador Cab shall not be eligible to
operate an Ambassador Cab if he or she has during the preceding one (1) year period: (i)
been found guilty of more than two violations of Chapter 31 of the Code by an administrative
hearing officer; or(ii)failed to pay or appeal more than two citations for violations of Chapter
Page 6
31 of the Code within the established time; or(iii) paid more than two (2) fines for violating
Chapter 31 of the Code;
(c) Any chauffeur of an Ambassador Cab shall be removed from the Ambassador Cab program
and not permitted to pick-up passengers at Miami International Airport and the Port of Miami
if he or she has during any one (1) year period as an Ambassador Cab chauffeur. (i) been
found guilty of more than two violations of Chapter 31 of the Code by an administrative
hearing officer, or (ii) failed to pay or appeal more than two (2) citations for violations of
Chapter 31 of the Code within the established time; or(iii) paid more than two (2) fines for
violating Chapter 31 of the Code;
(d) Any chauffeur of an Ambassador Cab shall be removed from the Ambassador Cab program
and not permitted to pick-up passengers at Miami International Airport and the Port of Miami
if he or she has during any one (1) year period as an Ambassador Cab chauffeur. (i) been
found guilty of one of the following violations of Chapter 31 of the Code by an administrative
hearing officer,or(ii)failed to pay or appeal one of the following citations for violating Chapter
31 of the Code within the established time; or(iii) paid a fine for violating one of the following
provisions of Chapter,31 of the Code:
i. Failure to use established rates; or
ii. Refusal to transport a passenger.
(e) Notwithstanding, any provision to the contrary, any chauffeur of an Ambassador Cab shall
be permanently removed from and permanently ineligible to apply for the Ambassador Cabs
Program and not permitted to pick-up passengers at Miami International Airport and the Port
of Miami if he or she has: (i) been found guilty of a second offense of one of the following
violations of Chapter 31 of the Code by an administrative hearing officer; or(ii)for a second
time,failed to pay or appeal one of the following citations for violating Chapter 31 of the Code
within the established time; or (iii) for a second time, paid a fine for violating one of the
following provisions of Chapter 31 of the Code:
i. Failure to use established rates; or
ii. Refusal to transport a passenger.
(f) Chauffeurs removed from operation as an Ambassador Cab chauffeur may not re-apply to
pick up passengers at Miami International Airport or the Port of Miami until one(1)year from
the date of removal from the program has passed provided that during that period the
chauffeur has not:(i)been found guilty of more than two violations of Chapter 31 of the Code
by an administrative hearing officer, or(ii)failed to pay or appeal more than two(2)citations
for violations of Chapter 31 of the Code within the established time; or (iii) paid more than
two (2)fines for violating Chapter 31 of the Code;
(g) Notwithstanding any provision to the contrary, beginning six (6) months after the effective
date of this ordinance, chauffeurs of Ambassador Cabs shall have and utilize a SunPass
device where the toll is fixed. Where the "SunPass Only" or "SunPass Express" toll is not
fixed, the chauffeur shall determine whether the passenger desires to use the "SunPass
Only" or"SunPass Express"lane and comply with the wishes of the passenger,
(h) Chauffeurs of Ambassador Cabs shall,without exception,wear a collared shirt,dark trousers
or skirt and closed shoes;
(i) Chauffeurs of Ambassador Cabs shall open doors for passengers;
(j) Chauffeurs of Ambassador Cabs shall load and unload luggage, unless otherwise instructed
by the passenger,
(k) Chauffeurs of Ambassador Cabs shall be prohibited from refusing to accept payment by a
credit card.
(7) Open doors for passengers;
Page 7
(8) Load and unload luggage, unless otherwise instructed by the passenger,
(9) be prohibited from recusing to accept payment by a credit card it a credit card processing system
is required; and
(10) Not discharge a passenger prior to reaching the passenger's requested destination.
(Ord.No. 94-15, § 5, 1-20-94; Ord.No. 03-45, § 1, 3-11-03; Ord.No. 12-51, § 1, 7-3-12; Ord.
No. 14-08, § 1, 1-29-14; Ord.No. 14-09, § 1, 1-29-14)
Sec.31-305.-Chauffeur's registration—Additional nonemergency medical transportation chauffeur
provisions.
Each chauffeur shall:
(1) Be trained in the correct use of special equipment required for wheelchair and stretcher transport.
(2) Notwithstanding any other provision of law, the county commission may by a majority vote of the
members present authorize the issuance of a nonemergency medical transportation chauffeur's
registration to an applicant who does not otherwise meet the requirements of Section 4-45 (and
Chapter 31, Article V of the Code) if the applicant can produce evidence sufficient to satisfy the
county commission that the applicant (1) has been paroled into the United States pursuant to 8
United States Code Section 1182(d)(5); (ii) is authorized to work in the United States; (iii) has
been convicted of a felony; (iv)has been leading an exemplary life during the two (2)year period
prior to application; and (v) is seeking a chauffeur's registration for the purpose of earning an
honest livelihood. A chauffeur's registration issued pursuant to Section 4-45 may be renewed (i)
upon compliance with the requirements of Section 4-45 (and Chapter 31, Article V of the Code)
and with any conditions imposed by the commission, (ii) if the chauffeur's parole into the United
States has not expired or been revoked and (iii) if said chauffeur is authorized to work in the
United States at the time of renewal. Each chauffeur issued a chauffeur's registration pursuant to
Section 4-45 shall immediately notify the CSD if (a) his/her parole into the United States has
expired or been revoked, or (b) he/she is no longer authorized to work in the United States. A
chauffeur's registration issued pursuant to Section 4-45 shall be revoked upon notice and hearing
as provided in Chapter 31, Article V of the Code if the chauffeur is no longer authorized to work
in the United States or said chauffeur's parole into the United States has expired or been revoked.
(Ord.No. 94-15, § 5, 1-20-94)
Sec. 31-306.-Chauffeur's registration—Additional private school bus chauffeur requirements.
(a) Each chauffeur shall:
(1) Possess a license issued pursuant to the licensure requirements of Florida Statutes, Chapter 234
and Chapter 6A-3 of the Rules of the Department of Education, as may be amended from time to
time.
(2) Possess a valid American Red Cross Standard First Aid and personal safety course card or its
equivalent.
(b) (1) The language and testing requirements contained in Section 31-303(d)(2)shall apply to initial
private school bus chauffeur applicants, except that said requirements shall not apply to private
school bus chauffeur applicants whose primary language is other than English and who transport
students who are fluent in the language spoken by the applicant. An initial applicant whose
primary language is other than English and who transports students who are fluent in the
language spoken by the applicant shall be issued a separate chauffeur registration; such an
applicant shall be required to take and pass a separate examination which demonstrates the
applicant's ability to communicate in English with emergency personnel in those situations
Page 8
described in this paragraph which pose immediate danger to the health and welfare of the
student(s). Such examination shall only test the.applicant's ability (1) to notify emergency
personnel in the event of an accident, illness, fire, physical injury or trauma, and (2)to minimally
describe in English the nature of the emergency. The examination shall consist of a series of
hypothetical emergency situations where the applicant is required to identify and/or articulate
certain phrases necessary to notify emergency personnel and describe the nature of the
emergency.
(2) Each initial private school bus chauffeur applicant shall take the one-day course and pass the
oral and written exam required in Section 31-303(d)(2) demonstrating the applicant's knowledge
of Miami-Dade County, traffic regulations, defensive driving techniques and chauffeur
responsibilities. Each renewal private school bus chauffeur applicant who,in the most recent two-
year period, has been found guilty or pled guilty or nolo contendere to two (2) or more moving
violations shall be also be required to take the one-day course and pass the oral and written exam
required in Section 31-103(d)(2)demonstrating the applicant's knowledge of Miami-Dade County
traffic regulations, defensive driving techniques and chauffeur responsibilities. For separate
chauffeur registration applicants whose primary language is other than English and who transport
students who are fluent-in the language spoken by the applicant, said examination shall be
administered in Spanish or Creole.
(Ord.No. 94-15, § 5, 1-20-94; Ord.No. 94-139, § 2, 7-12-94: Ord.No. 95-02, § 1, 1-17-95)
Sec.31-307.-Chauffeur's registration—Additional limousine chauffeur requirements.
Each chauffeur shall comply with the following regulations:
(1) No chauffeur shall solicit or pick up passengers other than by prearrangement through a person
located at the limousine license holder's place of business.
(Ord.No. 00-139, § 1, 11-14-00)
Sec.31-308.-Chauffeur violations—All types.
(A) Non-civil violations of.Sections 31-303 and 31-305 by nonemergency medical transportation
chauffeurs shall be punishable as provided in Section 4-52 of the Code. Civil violations of Section 31-
303 and 31-305 by nonemergency medical transportation chauffeurs shall be punishable as provided
in Section 8CC-10 of the Code and as provided in Section 4-52 of the Code.
(B) Non-civil violations of Sections 31-303 and 31-306 by private school bus chauffeurs shall be
punishable as provided in Chapter 30, Section 371 (P)and(Q)of the Code. Civil violations of Sections
31-303 and 31-306 by private school bus chauffeurs shall be punishable as provided in Section 8CC-
10 of the Code.
(C) Non-civil violations of Sections 31-303 and 31-304 by taxicab chauffeurs shall be punishable as
provided in Chapter 31,Article II of the Code. Civil violations of Sections 31-303 and 31-304 by taxicab
chauffeurs shall be punishable as provided in Section 8CC-10 of the Code and as provided in Chapter
31, Article II of the Code.
(D) Non-civil violations of Section 31-303 by passenger motor carrier chauffeurs shall be punishable as
provided in Chapter 31, Article III of the Code. Civil violations of Section 31-303 by passenger motor
carrier chauffeurs shall be punishable as provided in Section 8CC-10 of the Code and as provided in
Chapter 31, Article III of the Code.
(E) Non-civil violations of Section 31-303 by special transportation services chauffeurs shall be punishable
as provided in Chapter 31, Article IV of the Code. Civil violations of Section 31-303 by special
transportation services chauffeurs shall be punishable as provided in Section 8CC-10 of the Code as
provided in Chapter 31, Article IV of the Code.
Page 9
•
(F) Non-civil violations of Sections 31-303 and 31-307 by limousine chauffeurs shall be punishable as
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limousine chauffeurs shall be punishable as provided in Section 8CC-10 of the Code and as provided
in Chapter 31,Article VI of the Code.
(Ord.No. 94-15, § 5, 1-20-94; Ord.No. 00-139, § 1, 11-14-00)
Sec.31-309.-Chauffeur's registration—Additional passenger motor carrier requirements.
(a) The language and testing requirements contained in Section 31-303(d)(2) shall apply to initial and
renewal fixed route or jitney service chauffeur applicants,except that said requirements shall not apply
to fixed route or jitney service chauffeur applicants whose primary language is other than English.An
initial or renewal applicant whose primary language is other than English shall be required to take and
pass a separate examination which demonstrates the applicant's ability to communicate in English
with emergency personnel and passengers in those situations described in this paragraph which pose
immediate danger to the health and welfare of passengers. Such examination shall only test the
applicant's ability (1) to notify emergency personnel and communicate with passengers in English in
the event of an accident, illness,fire, physical injury or trauma, and(2)to minimally describe in English
the nature of the emergency. The examination shall consist of a series of hypothetical emergency
situations where the applicant is required to identify and/or articulate certain phrases necessary to
notify emergency personnel,communicate with passengers and describe the nature of the emergency.
(b) Each initial and renewal fixed route or jitney service chauffeur applicant shall take the one-day course
and pass the oral and written exam required in Section 31-303(d)(2) demonstrating the applicant's
knowledge of Miami-Dade County traffic regulations, defensive driving techniques and chauffeur
responsibilities. For chauffeur registration applicants whose primary language is other than English,
said examination shall be administered in Spanish or Creole.
(Ord.No. 09-44, § 1, 6-2-09)
Secs.31-310-31-600.-Reserved.
Page 10
ARTICLE VL-LICENSING AND REGULATION OF FOR-HIRE LIMOUSINES.
Sec.31-601.-Definitions.
For the purposes of this article, the following definitions shall apply:
(a) The Americans with Disabilities Act of 1990 or the ADA means the civil rights acts signed into law
on July 26, 1990 as Public Law 101-336, 104 Stat. 327, as the same may be amended from time
to time.
(b) Applicant means an individual, partnership or corporation which applies for a for-hire license,
permit, or chauffeur's registration, pursuant to the provisions of this article. "Applicant' shall also
mean an individual, partnership,corporation,or limited liability company which makes application,
where applicable, to renew or transfer a-for-hire license, permit or chauffeur's registration
pursuant to the provisions of this article. In the case of partnerships and corporations, "applicant"
shall also mean each individual with a partnership interest, each shareholder of a privately-held
corporation as well as the corporate officers and directors.
(c) Ancient limousine means a luxury motor vehicle as defined in section 320.086(1), Florida
Statutes.
(d) Antique limousine means an antique luxury motor vehicle as defined in section 320.086(2),
Florida Statutes.
(e) Chauffeur means a duly licensed driver registered with and authorized by the RER to operate a
for-hire passenger motor vehicle.
(f) Chauffeur registration means a registration card issued by the RER.
(g) Collectible limousine means a luxury motor vehicle of the age of twenty(20) or more years from
the date of manufacture, equipped with an engine and parts of the age of twenty (20) years or
more from the date of manufacture.
(h) Commission means the Board of County Commissioners of Miami-Dade County, Florida.
(i) County means Miami-Dade County, Florida.
(j) County Mayor means the chief executive officer and head of the administrative branch of county
government as provided in Article 2 of the Home Rule Charter of Miami-Dade County.
(k) Department or RER means the Miami-Dade County Regulatory and Economic Resources
Department or successor department responsible for regulating Chapter 31 of the Code.
(I) Director means the RER Director or the Director's designee.
(m) Fares or Rates means the charges established pursuant to this article to be paid by passengers
for the transportation services provided by a for-hire passenger motor vehicle.
(n) For compensation or compensation means for money, property, service, or anything of value,
including tips and commissions.
(o) For-hire means driving, operating, or managing a for-hire passenger motor vehicle, and includes
all non-revenue producing operations of the passenger motor vehicle.
(p) For-hire license means an annual, renewable license issued pursuant to this Article which
authorizes the provision of for-hire transportation services and which may expire, be suspended
or revoked.
(q) For-hire passenger motor vehicle or limousine means any chauffeur-driven limousine as defined
herein which engages in pre-arranged transportation of persons and their accompanying property
for compensation over the public streets, but excluding ambulances and nonemergency medical
transportation vehicles;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 establishment owning said vehicles; vehicles used solely to provide
special transportation services for the Miami-Dade Transit Agency pursuant to a contract with
Page 1
Miami-Dade County; and rental or leased vehicles which rental or lease does not include a
L-
for-hire basis except as authorized by this article. Vehicles used to provide Miami-Dade Transit
Agency special transportation services pursuant to a contract with Miami-Dade County are
subject to the regulations contained in Article IV of this chapter.
(r) Good cause shall mean delay caused by circumstances beyond the control of the applicant.
(s) In service means a for-hire vehicle which is displaying a valid, current operating permit or decal,
as applicable, issued by the RER.
(t) Lease of a limousine vehicle means a written agreement for the transfer from a lessor to a lessee
of the right to possess and use a motor vehicle, meeting the requirements of Chapter 521, Florida
Statutes, for a scheduled term exceeding four(4) months.
(u) Limousine means a "luxury limousine sedan," a "stretch limousine," a "super-stretch limousine,"
an "ancient limousine," an "antique limousine," or a "collectible limousine" and which provides
service on a pre-arranged basis only, which is dispatched by its central business location.
(v) Luxury limousine sedan or luxury sedan means a luxury, non-metered vehicle of a wheelbase
size smaller than a stretch limousine, as defined by RER.
(w) Operate means to provide transportation services for compensation regulated by this article
utilizing a for-hire passenger motor vehicle.
(x) Operating permit means the valid and current vehicle decal issued to the license holder which
authorizes a specific, registered vehicle to operate for-hire and which may expire, be suspended
or revoked.
(y) Operator means any person who has been issued a for-hire license.
(z) Out of service means the removal of a for-hire vehicle from operation by removal of a valid,current
operating permit and filing with the RER a RER form removing the vehicle from service.
(aa) Own means a person who holds the legal title of a motor vehicle; or, in the event a motor vehicle
is the subject of a security agreement or lease with an option to purchase with the debtor or lessee
having the right to possession, then the debtor or lessee shall be deemed the owner.
(bb) Pre-arranged or pre-arrange means a written, electronic or telephone reservation made in
advance by the person requesting service for the provision of limousine service.
(cc) Passenger means a person utilizing a for-hire limousine for the purpose of being transported to a
destination, or a person who is awaiting the arrival of a prearranged for-hire limousine, and does
not include the chauffeur.
(dd) Person means any natural person(s), firm, partnership, association, corporation, or other
business entity.
(ee) Personnel authorized by the RER means uniformed enforcement personnel and any other
individual authorized by the Director.
(ff) Place of business means the specific Miami-Dade County, Broward County or Palm Beach
County address where management of for-hire operations is provided and which is zoned for the
appropriate business usage and matches the address on a current valid occupational license.
(gg) Solicit means an appeal by bell, horn, whistle, words or gestures by a chauffeur or his or her
agent directed at individuals or groups.
(hh) Stage means to stop, park, or otherwise place a limousine vehicle in the loading or curbside area
of a hotel, restaurant, shopping center, public sports facility, museum, theater, performing arts
center or transportation facility when the limousine vehicle is not engaged in a prearranged, round
trip or one way fare. A curbside or loading area shall not include a parking lot.
(ii) Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public
park, viaduct, or other public place accessible to the public, located in Miami-Dade County and
used by motor vehicles.
Page 2
(jj) Stretch limousine means a sedan cut and stretched a minimum of forty-two (42) inches beyond
its standard basis, manufactured to carry between six to eight (6-8) persons, excluding the
driver.
(kk) Super-stretch limousine means a luxury vehicle, as defined by RER, stretched a minimum of one
hundred twenty (120) inches beyond its standard basis and manufactured to carry nine (9) or
more passengers, including the driver.
(II) Trade name or doing business as or(d/b/a)name means the county-approved name under which
the for-hire license holder may provide for-hire passenger motor vehicle transportation services,
and which name shall not duplicate the name of any other license holder.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 03-266, § 1, 12-8-03; Ord.No. 14-13, § 1, 1-29-14;
Ord.No. 16-44, § 1, 5-3-16)
Sec. 31-602.-For-hire limousine licenses.
(a) Prohibition against unauthorized operations. It shall be unlawful for any person to use,drive, or operate
or to advertise in any newspaper, airwaves transmission, telephone directory, or other medium
accessible to the public that it offers for-hire limousine services or to cause or permit any other person
to use, drive, or operate any for-hire limousine vehicle upon the streets of Miami-Dade County without
first obtaining a Miami-Dade County for-hire 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 discharge within
Miami-Dade County of any passenger lawfully picked up in another County and lawfully transported
into Miami-Dade County. Notwithstanding any provision to the contrary: (1) Any passenger lawfully
picked up in another county,transported to,and discharged at any location within Miami-Dade County,
may be picked up at the discharge location and returned to the county of origin as long as the
transportation is part of a pre-arranged, round-trip fare pursuant to a written contract, the limousine
has complied with all of the regulatory requirements of the other county and the county where the
passenger is picked up has adopted a similar provision; and (2)A limousine from another county may
pick up a passenger at either the Miami International Airport (MIA) or the Miami-Dade Seaport
(Seaport) and transport said passenger directly to the limousine's county of origin as long as the
transportation is part of a pre-arranged one-way continuous fare pursuant to a written contract, the
passenger arrived at either the MIA or the Seaport,the limousine has complied with all of the regulatory
requirements of the other county and the county where the passenger is picked up has adopted a
similar provision. For purposes of this section, references to MIA shall include the Miami Intermodal
Center. Pre-arranged means a written, electronic or telephone reservation made in advance by the
person requesting service through the place of business of the for-hire license holder for the provision
of limousine service for a specified period of time. Any limousine that picks up or discharges
passengers at either the MIA or the Seaport shall meet the MIA and the Seaport limousine
requirements. A copy of the contract shall be in the possession of the chauffeur at all times and shall
be made available to enforcement personnel upon request.
(c) Application procedures. Every initial application for a for-hire license, renewal application, transfer, or
amendment to a for-hire license shall be in writing, signed and sworn to by the applicant, and shall be
filed with the RER together with an investigative and processing fee which shall be nonrefundable. 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 addresses will not be accepted hereunder. All
corporate or partnership applicants shall be organized or qualified to do business under the laws
Page 3
of Florida and shall have a place of business in either Miami-Dade County, Broward County or
(2) The class or classes of transportation service which the applicant desires to furnish.
(i) Limousine service:
(a) Luxury limousine sedan;
(b) Stretch limousine;
(c) Super-stretch limousine;
(d) Ancient limousine;
(e) Antique limousine;
(f) Collectible limousine.
(3) A brief description of the kind(s)and type(s)of vehicles, seating capacity, seating arrangements,
gross weight, mileage, and number of vehicles proposed to be used.
(4) Reserved.
(5) The trade name under which the applicant intends to operate and a description,where applicable,
of a distinctive uniform and decorative color scheme including placement of numbers and other
markings.
(6) A record and proof of all present and prior transportation business activities of the applicant during
the past five (5)years.
(7) A record of all crimes to which the applicant has pled nolo contendere, pled guilty, or of which the
applicant has been found guilty.or been convicted,whether or not adjudication has been withheld
within the ten (10) years preceding the date of the application. 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.
(8) Reserved.
(9) Where applicable, the contract disclosing the terms and conditions of the proposed transfer,
including amount of compensation which has been paid or is payable to the transferor and any
other consideration given or to be given to the transferor in connection with the transfer of the for-
hire license.
(10) Reserved.
(11) A sworn statement signed by the applicant that all the information provided by the applicant is
true and correct
(d) Investigation of for-hire 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 for-hire
licenses as specified in this chapter on such terms and conditions as the public interest may require.
The Directors decision to reject or to deny may be appealed in accordance with this chapter.
An applicant shall not be eligible for a for-hire license if he/she/it
(1) Has misrepresented or concealed a material fact on his, her, or its application;
(2) 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 has been withheld, unless his or her civil or
residency rights have been restored;
(3) Has pled nob contendere, pled guilty, been found guilty or been convicted of any crime wherein
a for-hire vehicle was employed whether or not adjudication has been withheld;
(4) 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,
Page 4
the use of a deadly weapon, homicide, violence against a law enforcement officer under §
775.0823, Florida Statutes, or is a habitual violent felony offender under § 775.084, Florida
Statutes;
(5) Was enjoined by a court of competent jurisdiction in Miami-Dade County 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,
(6) Does not have a place of business located in either Miami-Dade County, Broward County or Palm
Beach County, Florida;
(7) Has any unsatisfied civil penalty or judgment in Miami-Dade County pertaining to for-hire
operation unless either is being challenged by the applicant in a legal proceeding pertaining to
that applicant's operations;
(8) Has had a for-hire license issued by Miami-Dade County revoked within the last five (5) years,
provided that, the Director, for good cause shown, may shorten this period;
(9) Has within the last five (5) years plead nolo contendere, pled guilty, been found guilty, or been
convicted of any misdemeanor, regardless of whether adjudication has been withheld, involving
moral turpitude relating to sex; or
(10) Has within the last ten (10) years pled nob 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 person shall only be eligible if and when
his or her civil or residency rights have been restored.
(e) Conditions for obtaining a for-hire license. No for-hire license shall be issued unless the applicant:
(1) Has paid an initial or annual license fee;
(2) Reserved.
(3) Has submitted proof of insurance required by this article; and
(4) Has ensured that the for-hire limousine to be operated under the applicant's for-hire license has
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 shall grant such a reasonable extension as the Director
finds is in the public interest.
(f) Vehicles authorized to operate under a for-hire license.
(1) Except for luxury limousine sedans, limousines shall be solely owned or leased by the for-hire
license holder. Under no circumstances shall a limousine license holder require a chauffeur to
purchase or lease a limousine motor vehicle. This requirement shall become effective one (1)
year after the adoption of this article when a new vehicle is placed into service as provided by
Section 31-609(b).
(2) The number of vehicles authorized to operate under for-hire license are as follows:
(a) Luxury limousine sedan for-hire license holders shall operate only one vehicle per for-hire
license.
(b) Stretch, super-stretch, ancient, antique, or collectible limousine license holders may operate
more than one vehicle per license, after each such vehicle has obtained a valid and current
operating permit.
(g) Issuance and replacement of for-hire license.
(1) Issuance. Each for-hire license shall be on a form developed by the RER and shall be signed by
the Director. Each for-hire license shall, at a minimum, contain the name and the business
Page 5
address of the license holder, date of issuance, its expiration date and such additional terms,
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(2) Replacement. The Director may issue a replacement license to any license holder upon
application, payment of a nonrefundable replacement fee and presentation of proof or a sworn
affidavit that the license has been lost or stolen.
(h) Expiration of and renewal process for for-hire license. For hire licenses may be issued for such periods
as specified in the Implementing Order establishing the fees but in no case for a period of less than
one (1) year. The RER may establish staggered license terms to ease administration of the renewal
process. Each renewal shall be submitted no less than thirty(30)days prior to expiration of the current
initial or annual for-hire 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 the 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 subsection 31-602(c), (d) or(e). Renewal applications shall additionally
include disclosure of all interests in the for-hire license(legal, beneficial, equitable or otherwise)and a
sworn statement as to the number of months which each permitted for-hire vehicle operated during
the preceding license year. 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 for-hire licenses which have not been renewed on or before thirty(30)days after their expiration
shall automatically be deemed revoked.
(j) Rules pertaining to change in control of the for-hire license. Except as provided in Section 31-602(n),
no for-hire license shall be assigned, transferred, or sold (either outright or under a conditional sales
contract). Except as provided in Section 31-602(n), any change in the ownership structure of a
corporation or partnership where at least five (5) percent of the shares of said corporation or at least
five (5) percent of the partnership interest is assigned, sold or transferred to another shall be deemed
a sale and shall immediately terminate the license and a new for-hire license application shall be filed.
The for-hire transportation service may continue to operate provided that such application has been
filed with the RER within thirty (30) days of the change in accordance with Section 31-602 and be
accompanied by an investigatory and processing fee.
(k) Rules of operation. For-hire license holders shall abide by all rules and regulations applicable to for-
hire license holders and shall be subject to the enforcement provisions contained in this chapter and
chapter 8CC of the Miami-Dade County Code.A for-hire license holder shall comply with the following
regulations:
(1) Every operator shall collect and file on a daily basis all manifests and trip sheets for each for-hire
limousine. The operator shall furnish the forms for each manifest to the chauffeur, which forms
shall be approved by the County.These forms may be electronic forms provided the operator has
furnished the chauffeur with the necessary software or technology to access and complete such
forms.Operators shall not destroy, mutilate,alter,or otherwise deface any daily manifests without
RER approval. All manifests shall be available for inspection and copying by the RER or any
police agency during regular business hours and shall be retained for one(1)year,
(2) Shall maintain a record of all requests for service for each passenger transport request received
electronically, by telephone or made in writing or pursuant to a corporate charge account which
shall minimally include the following information: name of passenger or corporation requesting
service, assigned vehicle number, date and time of service request, service provision, including
charge accounts, and origin and destination of each trip. All records must be made available for
inspection and copying within one business day of such request by the RER or any police agency
during regular business hours and shall be retained for one(1)year;
(3) No for-hire license holder, chauffeur, or any other person shall directly or indirectly provide
compensation in any form to any individual or entity or engage in any activity in connection with
the payment of compensation, for the right to pick up passengers, or provide limousine service
Page 6
from any hotel, motel,apartment, restaurant, nightclub, bar, or any other business establishment,
or public facility. The license or registration of any for-hire license holder, or chauffeur violating
this provision shall be subject to suspension for up to six (6) months and/or revocation in
accordance with the provisions of Section 31-612 or other appropriate enforcement action as
provided in this chapter;
(4) It shall be a violation of this article for any individual or entity to accept compensation in any form,
either directly or indirectly, from any passenger service company, for-hire license holder,
chauffeur, or any other person for the right to pick up passengers or provide limousine service "
from any hotel, motel, apartment, restaurant, nightclub, bar, or any other business establishment
or public facility;
(5) Each operator 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
revenue records shall include charge account contracts that reflect rates charged to all
passengers.The RER shall be granted access to these records for the purpose of inspection and
copying same upon five (5) days prior notice. All such records and information shall be
confidential except that they will become public records for the purpose of rate hearings,
revocation or suspension hearings. Each operator shall annually furnish financial and operating
information to the RER on forms and in the manner prescribed by the RER;
(6) Shall maintain a log of all customer complaints;
(7) Shall maintain quarterly vehicle accident records for all vehicles operated in the prior quarter;
(8) Shall hold any personal property deposited in the lost and found facility for a period of six (6)
months, at the end of which time the personal property shall become the property of the finder. A
record of personal property reported to or deposited at the lost and found facility shall be kept for
at least one(1)year;
(9) Comply with applicable federal law, Florida law, and ordinances, rules and regulations of the
County applicable to the operation of for-hire vehicles;
(10) Immediately report any change of address;
(11) Maintain all records pertaining to the for-hire operations of a vehicle at the place of business for
one year and make same available for inspection during the regular business hours of the license
holder.When requested by the RER, the license holder shall provide copies of the records;
(12) Obtain the operating permit for each for-hire vehicle operated pursuant to authority of the for-hire
license and pay all application and vehicle inspection fees;
(13) Not knowingly permit or authorize any chauffeur or other person to operate any for-hire vehicle
without that vehicle's current valid operating permit being displayed therein;
(14) Not knowingly allow any person to operate a for-hire vehicle who is not a Miami-Dade County
registered chauffeur;
(15) Not knowingly allow or permit any person to operate a for-hire vehicle without current, valid, and
sufficient insurance coverage as required in this chapter;
(16) Register all vehicles to be placed into service and all vehicles taken out of service and have
inspected by RER or provide on a RER-approved form proof of inspection pursuant to Section
31-613(f);
(17) Not knowingly permit or authorize anyone to drive any for-hire 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;
(18) Not knowingly allow or permit any person to operate a for-hire 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 the chauffeur to begin or continue to drive the for-hire vehicle;
Page 7
(19) Every deaf or hard of hearing person,totally or partially blind person,or physically disabled person
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without being required to pay an extra charge for the service animal;
(20) A limousine for-hire license holder shall be prohibited from leasing a for-hire license to another
person or entity, or requiring that a chauffeur pay any amount of compensation for the right to
operate the vehicle authorized by the for-hire license;
(21) A limousine for-hire license holder shall, except as provided herein, be prohibited from entering
into a written agreement with an existing for-hire limousine license holder or passenger service
company as defined in Article II. Notwithstanding the foregoing, a luxury sedan limousine license
holder who has been issued three (3) or less luxury sedan limousine licenses may enter into a
written agreement with an existing for-hire limousine license holder or passenger service
company for the provision of the following services as stated in Section 31-602(c)(10). Under no
circumstances shall an existing for-hire limousine license holder or passenger service company
require a sedan limousine license holder to purchase any services or goods others than those
stated in Section 31-602(c)(10);
(22) Not allow a driver to solicit or pick up passengers other than by prearrangement;
(23) Disclose to the customer if a vehicle substitution is necessary and provide the customer with an
opportunity to cancel a contract based thereon;
(24) Not allow a driver to stage;
(25) At the end of the first calendar year after the adoption of this ordinance, each limousine license
holder shall submit to the Department the following information regarding transportation activities
in Miami-Dade County: average age of limousines operated during the preceding year in Miami-
Dade County; the number of incidents (e.g., accidents, moving violations and criminal charges)
during the preceding year, and the number of insurance claims filed. The Department shall
provide this information to the Board in the form of a report pursuant to Ordinance No. 14-65;
(26) Reserved.
(I) Responsibility for violations of chapter. The holder of a for-hire license shall be held responsible for
any applicable violation of this article arising from the operation of the for-hire vehicle authorized under
the holder's for-hire license and shall be subject to the penalties provided in this chapter for any such
violation where the license holder knowingly permitted or allowed the 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 for-hire license holder or for-hire chauffeur for the same or related violations
shall not relieve the for-hire license holder of responsibility under this article.
(m) As part of the annual renewal of a for-hire license, each operator shall certify on a form provided by
the RER the number of months during the preceding year that he, she, it operated and provided the
service authorized by the for-hire license. Failure to operate for at least nine (9) months during the
preceding year shall result in automatic revocation of such license. Operations within the thirty-day
grace period provided in subsection (i) shall not be counted for purposes of determining compliance
with the requirements of the two(2) preceding sentences.
(n) No for-hire limousine luxury sedan license shall be assigned, sold, (either outright or under a
conditional sales contract)or transferred without prior County approval. Any change in the ownership
structure of a corporation or partnership where at least five(5)percent of the shares of said corporation
or at least five (5) percent of the partnership interest is assigned, sold or transferred to another shall
be deemed a sale for the purposes of this section.The Director is authorized to approve assignments,
sales, or transfers when requested by submission of an application (which discloses the information
specified in and is signed and sworn to in accordance with the requirements of subsections(c)and (d)
of this section) and payment of a transfer investigative and processing fee and after an investigation
and determination, based on the criteria set forth in this section. An assignee, buyer, or transferee
shall not begin operating the limousine luxury sedan license during the pendency of the application
approval process. If the County approves an application to assign, sell, or transfer a limousine luxury
sedan license, the assignor's, seller's, or transferor's limousine luxury sedan license shall be
suspended until the County reissues the limousine luxury sedan licenses to the assignee, buyer, or
Page 8
transferee. Provided, however, that the County shall reissue the limousine luxury sedan licenses to
the assignee, buyer, or transferee at a cost not to exceed the annual, limousine luxury sedan license
renewal fee.Any limousine luxury sedan license issued pursuant to Section 31-603(c)(ii)—(v)shall not
be assigned, sold or transferred for a period of five(5) years from the date of issuance, except upon:
(1) the sale of the luxury sedan license holder's business within the five-year period; (2) the sale of
shares or the corporation or partnership as provided in this subsection;or(3)the transfer of all for-hire
luxury sedan licenses by an individual to a person as defined in Section 31-601. No transfer shall be
approved that results in a license holder holding or controlling more than thirty(30) percent of the total
number of luxury limousine sedan licenses issued by the County. Appeals of the Director's decision
shall be made pursuant to the requirements of this Chapter.
(o) It shall be unlawful to operate any vehicle as a for-hire motor vehicle without first having obtained a
for-hire license and an operating permit specifically relating to said vehicle. The for-hire operating
permit shall, at all times, be displayed within the vehicle and shall be available for inspection by any
police officer or authorized agent of the RER.
(p) Conversion of super-stretch limousine certificates of transportation to a limousine for-hire license.
Within ninety(90)days after the date of enactment of this article,super-stretch limousine certificate of
transportation license holders shall obtain a stretch or super-stretch limousine for-hire license and
corresponding operating permit for each vehicle operated thereunder. Such permits shall be obtained
pursuant to the provisions of this Chapter.
(q) Rules for existing for-hire limousine licenses. Notwithstanding any provision to the contrary,any person
who converts an existing for-hire limousine license after the date of adoption of this article pursuant to
Section 31-603(c)(i) and is providing luxury limousine service may lease the luxury limousine sedan
license to a person who meets the requirements of Section 31-602(c) and (d), including payment of
the application and investigatory fee, until such license is assigned, sold or transferred as provided in
Section 31-602(n).
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 09-26, § 1, 4-7-09; Ord.No. 14-13, § 1, 1-29-14; Ord.
No. 16-44, § 1, 5-3-16)
Sec.31-603.-Luxury limousine sedan for-hire limousine licenses.
(a) Rules governing the distribution of luxury limousine sedan for-hire licenses.
(i) Upon the effective date of this article, the Director shall be authorized to issue the number of
luxury limousine sedan for-hire licenses pursuant to subsections (c)(i), (ii), (iii) and (iv). In 2006,
2007 and 2008, the Director shall be authorized to issue forty-two (42) luxury limousine sedan
licenses each calendar year. The Director shall administratively issue such licenses pursuant to
the provisions of this section.
(b) Method for distribution of new luxury limousine sedan for-hire licenses. Issuance of luxury limousine
sedan for-hire licenses shall be issued by the Director in accordance with the following procedures:
(i) Random selection or lottery for new issues. A random selection or lottery process shall be
conducted as determined by the Director. The random selection or lottery process shall be
conducted by an individual who shall not have responsibility for the enforcement of this chapter.
All fees and applications must be received by the RER no later than fifty(50)calendar days after
the announcement of the lottery.
(ii) Separate lottery conducted by RER. If, due to revocation, cancellation, or lapse, there are ten
(10) or more luxury sedan licenses which may be issued, the RER shall have authority to issue
such licenses utilizing the procedures of this section. In such event, the applicable deadlines for
submission of applications and for conduct of the lottery may be administratively determined by
the Director.
(iii) Conditions for participating in random selection or lottery process.All applicants shall pay a non-
refundable fee to participate in each random selection or lottery process. Each application to
participate in the random selection or lottery process shall be filed in accordance with Section 31-
Page 9
602 of this Chapter, including payment of the investigative and processing fee provided therein.
be eligible to participate in the random selection or lottery process if he/she/it has,during the three
(3) years prior to.application, pled nolo contendere, pled guilty or been found guilty of a total of
four (4) or more violations of any one or combination of the following sections of this Chapter.
Section 31-602 (a); Section 31-603 (b); and/or Section 31-607(a). The RER shall disqualify
applicants who do not meet the requirements of this Chapter from participation in the lottery. The
Director's decision shall be final.
• (iv) No luxury limousine sedan for-hire license shall be issued until the applicant has met the
provisions of Section 31-602 within forty-five(45)days after the applicant has been notified of his
or her selection. If the applicant believes he or she cannot meet the requirements within the 45-
day period, the applicant may, prior to expiration of such 45-day period, request in writing, a
reasonable extension from the Director.The Director may grant such a reasonable extension that
the Director finds is in the public interest.
(c) Conditions for initial issuance of luxury limousine sedan licenses:
(i) Each holder of a current and valid for-hire license to operate a limousine shall, upon application,
receive one luxury limousine sedan license for each such license held. Such application shall be
filed no later than forty-five (45) days after the effective date of this article. Failure to file such
application within the prescribed period shall result in forfeiture of such option.
(ii) Each lessee of a current and valid for-hire limousine license as of January 1, 1999, shall, upon
application and the submission of documentation requested by RER, receive one (1) luxury
limousine sedan license for each for-hire limousine license leased prior to January 1, 1999. Such
application shall be filed no later than forty-five (45) days after the effective date of this article.
Failure to file such application within the prescribed period shall result in forfeiture of such option.
(iii) Each person in whose name continuous intra Miami-Dade County luxury limousine service was
offered prior to January 1, 1999 shall be issued one (1) luxury limousine sedan license for each
for-hire luxury limousine sedan operated if the applicant: (1) submits an application which is
approved by the RER; (2) pays the applicable application investigative and processing fees: (3)
provides proof of continuous, intra Miami-Dade County luxury limousine sedan service, as
required herein; and (4) enters into a settlement agreement with the County, which shall, among
other things, include a promise that the applicants future limousine operations will comply with
the requirements of the Code and requires the payment of a five hundred dollar ($500.00) per
vehicle penalty for each year that a vehicle has been operated illegally.The settlement agreement
may provide for payment of such penalty over a period of years. In order to demonstrate
continuous, intra Miami-Dade County luxury limousine sedan service before January 1, 1999,the
applicant shall submit, in addition to any other information required by the County, the following
documents: (1) annual federal tax records relating to luxury limousine services showing the
payment of taxes consistent with the provision of luxury limousine services as stated in the
application; (2) a list and description of all vehicles operated, vehicle identification numbers and
the years of operation; (3) annual revenues per vehicle; (4) evidence of automobile liability
insurance as required by Florida Statutes for each vehicle operated; (5) the number of hours
operated per year, per vehicle; (6) proof that each vehicle provided at least 240 intra Miami-Dade
County trips for the 12-month calendar period prior to January 1, 1999; (7) occupational licenses
for each year the applicant provided for-hire limousine service from a municipality in Miami-Dade
County, Miami-Dade County, or in the absence of an occupational license from the preceding
governmental entities, an occupational license from a municipality in Broward or Palm Beach
Counties, or from Broward or Palm Beach Counties; (8)manifests for each trip provided by each
vehicle; (9) Articles of Incorporation, if required by law; (10) fictitious name registrations, if
required by law; (11)annual renewals of Articles of Incorporation and fictitious name registrations,
if required by law; (12) the name, address and telephone number for all chauffeurs who drove
each luxury limousine and the dates of employment; and (13) a notarized affidavit, signed under
oath, that the submitted application and documents are true and genuine. The RER shall
disqualify applicants who do not meet the requirements of this chapter.
Page 10
(iv) After totaling the number of for-hire luxury limousine sedan licenses issued pursuant to (c)(i), (ii)
and (iii), twenty (20) percent of the total number of issued luxury limousine sedan licenses to be
issued or 1001uxury limousine sedan licenses, whichever number is greater, shall be distributed
through a random selection or lottery process to taxicab chauffeurs who as of January 1, 1999,
were providing taxicab service in compliance with the requirements of Chapter 31 of the Code.
The applicant shall be required to furnish such documentation as shall be required by the RER.
(v) If, in the future, additional luxury limousine sedan for-hire licenses are to be issued, all applicants
must meet the requirements of Section 31-602 and Section 603 and, shall be distributed as
follows:
(1) Two-thirds (2/3)to holders of a current and valid limousine for-hire license; and
(2) One-third (1/3) to applicants who are not holders of current and valid limousine for-hire
license.
(vi) No lottery applicant may apply for more than ten (10) luxury limousine sedan licenses.
(d) Renewals. Additional rule for renewal of luxury limousine sedan for-hire licenses. Failure to use a for-
hire license during any nine (9) month period shall be deemed abandonment and shall result in
automatic revocation of the for-hire license.
(e) Leasing the for-hire license. A luxury limousine sedan license shall not be leased to another party.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 06-110, § 1, 7-6-06; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-604.-Fares and rates.
Limousine license holders may establish and charge fares for transportation services based on
distance traveled and/or time elapsed during service, a flat prearranged rate or a suggested donation,
except that the Board of County Commissioners may by resolution establish rates for trips originating from
Miami International Airport, defined to include the Miami Intermodal Center, or the Port of Miami. It shall be
unlawful for any limousine license holder or chauffeur to charge, demand, request or accept any fare
different from the rates established pursuant to this article.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec. 31-605.-Chauffeur's registration.
Except as provided elsewhere in this article, it shall be unlawful for any person to drive a limousine
over any street in Miami-Dade County without first having obtained a chauffeur's registration from the RER
pursuant to Chapter 31 of this Code. Such applicants shall not be required to take specified courses, and
oral, written, and physical examinations otherwise required.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-606.-Duties of 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.
Page 11
(5) Issue, deny, suspend, and revoke all for-hire licenses and chauffeurs' registrations pursuant to
_c
(6) Prepare and conduct or cause to be conducted a training and orientation program for chauffeurs
and a training and orientation for for-hire license holders.
(7) Develop and implement, in cooperation with the industry, service expansion and improvements.
(8) Provide technical assistance to the industry.
(9) Create and render technical assistance to a for-hire vehicle advisory group comprised of
representatives from consumers,the industry,transportation-related interests,municipalities,and
public interest organizations.
(10) Develop a standardized reporting technique for operators after consultation with a for-hire vehicle
advisory group.
(11) Assign an exclusive number to be displayed on each for-hire vehicle operating in Miami-Dade
County.
(12) Provide a system to handle complaints of municipal officials relating to for-hire service within such
municipalities and expedite the solution of same.
(13) Perform any other functions assigned by the County Mayor.
(14) Coordinate cooperative enforcement activities with municipalities, including implementing
procedures for the disposition of fine revenues collected.
(15) Prepare and implement, in coordination and after consultation with the industry, changes,
amendments, or 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.
(16) Upon court order have closed and sealed unlicensed service provider establishments in
accordance with this article.
(b) 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.
(c) Except for the fees established by the County Mayor and approved by the Commission for for-hire
vehicles providing transportation of persons and their baggage from Miami International Airport and
from the Port of Miami, whenever in this article a fee is charged or is required to be paid, the amount
of such fee shall be established by administrative order of the County Manager and approved by the
Commission. For purposes of this section, the Miami Intermodal Center shall be considered as part of
Miami International Airport. 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.The amount of each fee
established hereunder shall be reasonably related to the cost of the services and regulation provided
therefor.
(Ord.No. 00-139, § 1, 11-14-000; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-607.-Operating permits.
(a) Except as provided elsewhere in this article, it shall be unlawful for any for-hire vehicle to be operated
in Miami-Dade County without first obtaining a Miami-Dade County operating permit and maintaining
such permit current and valid in accordance with this chapter.
(b) Except as provided elsewhere in this article, before any for-hire vehicle shall be operated, the license
holder shall make separate application to RER for a permit for each motor vehicle to be operated under
such for-hire license. Each application shall be accompanied by a permit fee, which shall be non-
refundable. Each permit application shall be in writing on a form provided by the RER. The application
shall state the name and license number of the for-hire license holder and shall state the make, model
Page 12
year of manufacture,VIN number, and state license plate number of the vehicle to be operated. Such
application shall be accompanied by proof that the for-hire license holder owns the vehicle. No permit
shall be issued until the applicant has presented proof of the insurance coverage required by this
article and the for-hire vehicle has passed all required vehicle inspections.
(c) Permits shall be separately numbered and shall identify the vehicle to which they apply. It shall be
unlawful to operate a for-hire vehicle without a current, valid operating permit displayed within such
vehicle.
(d) Each operating permit may be issued for up to a one (1) year period. The term of the permit shall be
concurrent with the term of the for-hire license and may be renewed upon compliance with this section.
(e) Operating permits shall not be transferred, assigned, or leased.
(f) In the event any motor vehicle for which a permit has been issued shall become unsafe to operate or
its body or seating facilities become so damaged, deteriorated, or unclean as to render said vehicle
unfit for public use, RER may suspend the permit until such time as the condition is remedied; provided,
that no such suspension shall be effective until the permit holder or vehicle driver has received notice
of the particular conditions to be remedied.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-608.-Insurance requirements.
(a) No for-hire motor vehicle shall be permitted to operate without the license holder having first obtained
and filed with the RER a certificate of insurance on forms provided by the RER for each for-hire motor
vehicle showing the federal vehicle identification number,a vehicle description,and the for-hire license
number, and shall list the for-hire license holder, each chauffeur the license holder allows to operate
the vehicle, and the owner of the vehicle as insureds under an automobile liability insurance policy
with limits of liability no less than those required by applicable State law.Additionally, the certificate of
insurance shall specify coverage for complete 24-hour vehicle operations for all drivers regardless of
where operated or whether engaged in for-hire operations, and shall state the limits of automobile
liability and property damage coverage. In addition to the requirements contained elsewhere in this
section, all limousine license holders shall provide supplemental insurance for each chauffeur or
certified driver as follows:the insurance limits that apply to a limousine after a ride is prearranged until
the last requesting rider exits the vehicle shall be at least $125,000 per person for death or bodily
injury; $250,000 per incident for death or bodily injury; and $50,000 per incident for property damage;
or a combined single limit of$300,00G per incident for death, bodily injury, and property damage. All
supplemental insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida or by companies that meet the requirements of Section 626.913-626.937
of the Florida Statutes, 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 the A.M. Best Company,
Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management
Division. Failure to provide current certificates of insurance showing compliance with all insurance
requirements in this section or to maintain appropriate insurance coverage for each for-hire vehicle
shall be grounds for revocation of the for-hire license.
(b) Scope of Insurance. The insurance required in this section shall be issued by an insurer that is a
member of the Florida Insurance Guaranty Association. Insurance coverage shall be for a policy term
of at least six (6) months. Nothing in this 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 or any material change, cancellation, or expiration. No policy will be
accepted for a shorter period than six(6) months.
(d) Unless an operator furnishes the RER with satisfactory evidence of the required insurance coverage
prior to the expiration of the thirty (30) days' notice specified in subsection (c)of this section, or upon
a third notice of cancellation within twelve (12) months, the for-hire license shall be suspended
Page 13
forthwith by the Director and surrendered to the RER pending a hearing to determine whether said for-
motor
T.- - - - --- -- -- • - ... . .
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.
(Ord.No. 00-139; § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-609.-Vehicle standards.
(a) 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 shall apply to all for-hire
motor vehicles operated under the provisions of this article. It is the operator'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, rate card, passenger advisory, and any
additional information as may be required shall be displayed within the vehicle in accordance
with the instructions of the RER.
(b) Exterior vehicle signage and markings shall be as required by the RER.
(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.
(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 or her personal belongings.
(9) Equipped with hubcaps or wheel covers, on all four(4)wheels. If not on the vehicle, the operator
must put them on the vehicle the next day.
(10) Bumpers/mouldings/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.
Page 14
(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.
(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 inches 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 four-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 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) Both low and high beam headlights 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) Seat belts for all persons transported shall be in place and functional, unless otherwise exempted
by regulation.
(25) Limousines shall not display the word(s)"taxicab,""taxi,"or"cab"on the vehicle exterior or interior
and shall not be equipped with a taximeter.
(b) Vehicle age limits and inspection schedules. Vehicle age limits and frequency of for-hire vehicle
inspections are as follows; provided however, that the RER may inspect a for-hire vehicle at any time:
(1) No luxury limousine sedan, stretch limousine, or super-stretch limousine in service shall be older
than ten (10) model years of age.
(2) Ancient, antique, or collectible limousines are exempt from the vehicle age requirements of this
article.
(3) Limousines shall be inspected annually.
(c) Inspection fees.The RER shall charge non-refundable fees for inspection and re-inspection of any for-
hire vehicle for compliance with the vehicle standards and requirements of this subsection. Inspection
results shall be recorded and a copy provided. Any vehicle failing to meet any required vehicle safety
standard shall not be operated until it passes a re-inspection.
(d) Display of information identifying vehicle number and company. The operating permit number, fares,
or rates, for-hire license holder's name, and business telephone number shall be permanently
displayed in the interior of the vehicle in accordance with instructions issued by the RER.
(e) Telecommunication devices. Limousines shall be equipped with a two-way radio or cellular telephone.
Page 15
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 11-77, § 2, 10-4-11; Ord.No. 12-66, § 1, 9-6-12; Ord.
No. io-44, g i, 5-.3-16)
Sec.31-610.-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 when violations occur within their respective boundaries. The RER shall prepare and
distribute to all authorized enforcement personnel an enforcement manual outlining procedures for the
detection, reporting, and issuance of citations or deficiency reports for violations of this article.
(b) The RER may employ a deficiency or waming system through which operators 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 said report or
citation. Notice given to a chauffeur for a violation involving the vehicle under his control shall be
deemed notice to the operator.
(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.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-611.-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, for-hire licenses, operating permits, and chauffeur
registrations shall be subject to suspension or revocation by the Director as follows:
(1) Upon the Director's determination that:
(i) The license, registration, or permit holder has pled nolo contendere, pled guilty, been found
guilty, or been convicted (regardless of whether adjudication has been withheld) of any
criminal offense which would preclude the issuance of the license, registration, or permit as
provided in this chapter,
(ii) The license, registration, or permit was obtained by an application in which any material fact
was omitted or falsely stated;
(iii) The license, registration,or permit holder has failed to comply with or has violated any of the
provisions of this chapter,
(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 chauffeur has failed any drug test required by the Code or state or federal law; or
(vi) Any for-hire limousine has been operated in violation of any of the provisions of this chapter.
Page 16
•
(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 for-hire license holder and for-hire chauffeur 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.
(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 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 from 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.
Page 17
(g) The Clerk of the Board of County Commissioners shall provide clerical and administrative
of his or her duties.
(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 following rights: 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.
(I) 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 from 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 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 Section 31-
611(c)(6). 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 Police 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.
(b) Unless the findings of the hearing officer are overturned in a proceeding held pursuant to
Section 31-611(c)(6), all findings of the hearing officer shall be admissible in any further
proceeding to compel compliance with the Director's decision.
Page 18
(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.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec. 31-612.-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 for-hire license holder driver certified
by a for-hire license holder as provided elsewhere in this article or registered chauffeur 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 for-hire license, operating permit, driver certification
as provided elsewhere in this article, vehicle certification as provided elsewhere in this article, and
chauffeur registration, and all for-hire operations shall cease until such fine is paid in full. If a person
commits five (5) violations of the same section of this chapter during any twelve (12) month period,
such person's for-hire license, operating permit, driver certification, vehicle certification or chauffeur's
registration shall be automatically revoked. If a person commits five(5)violations of this chapter during
any twelve (12) month period, such person's for-hire license, operating permit, driver certification,
vehicle certification or chauffeur's registration shall be suspended for a period of no less than six (6)
months or revoked. Notwithstanding any provision to the contrary: (i) if a person commits one (1)
violation of Section 31-602(k)(19), 31-303(i)(4) or 31-304(10), such person's chauffeur's registration
or driver certification shall automatically be suspended for a period of thirty(30) days; (ii) if a person
commits a second violation of Section 31-602(k)(19), 31-303(i)(4) or 31-304(10) or any combination
thereof, such person's chauffeur's registration or driver certification shall automatically be suspended
for a period of sixty (60) days; and (iii) if a person commits a third violation of Section 31-602(k)(19),
31-303(i)(4) or 31-304(10) or any combination thereof, such person's chauffeur's registration or driver
certification shall automatically be suspended for a period of five (5) years. Notwithstanding any
provision to the contrary, if a person commits two(2)violations of Section 31-303(i)(23), such person's
chauffeur's registration or driver certification shall be suspended for a period of no less than six (6)
months or revoked.
(b) Failure to correct items recorded on a deficiency report by the time of deadline shall cause a citation
to be issued for each such item. Citations shall be issued under Chapter 8CC of the Code.
(c) Any person who is found guilty on at least two (2) prior occasions within a three (3) year period of
advertising or providing for-hire transportation, driving, or operating a for-hire vehicle without having a
valid, current for-hire license, operating permit, vehicle certification, driver certification or chauffeur's
registration as required by this chapter, shall be punishable by fines of greater than five thousand
dollars($5,000.00)but less than ten thousand dollars($10,000.00)and/or imprisonment not to exceed
forty-five(45)days.
(d) 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 empowered to dispose of the case and fines
assessed through the normal procedure.
(e) Anyone who engages a for-hire vehicle with intent to defraud the chauffeur, certified driver or operator
shall be in violation of this article and subject to a fine of five hundred dollars ($500.00) and/or
imprisonment not to exceed ten (10)days.
(f) Any person who is found guilty of signing an application for issuance, renewal, modification,
assignment, sale, or transfer of a for-hire license, chauffeur registration, vehicle certification, driver
Page 19
certification or operating permit which falsely states any material fact shall be punished by a fine of
(g) A for-hire license holder who suspends or revokes a driver certification pursuant to this section shall
notify the Department utilizing a form provided by the Department. The Department shall notify each
for-hire license holder upon receipt of the above-referenced form.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-613.-Special provisions.
(a) The provisions of this article shall be the exclusive regulations applicable to the provision of and
operation of for-hire motor vehicle transportation services in Miami-Dade County. Notwithstanding the
provisions of any municipal ordinance, resolution, or agreement to the contrary, from and after the
effective date of this article, no municipality shall authorize, establish, change, alter, amend, or
otherwise regulate for-hire 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) Notwithstanding anything to the contrary in this article, a stretch limousine license holder that has, as
of October 1, 2003, been issued a current and valid permit to operate a vehicle that has been
categorized by the automobile industry as a sports utility vehicle may continue to operate a sports
utility vehicle pursuant to the for-hire license until October 1, 2006 provided that: 1) the stretch
limousine license is maintained current and valid; 2)all permits issued pursuant to the for-hire license
to operate a sports utility vehicle are continuously operated and maintained current and valid; 3) all
sports utility vehicles operated pursuant to the for-hire license meet and comply with all other
requirements for a luxury sedan, including, but not limited to, the vehicle standards, vehicle age
requirements, inspection frequency and minimum rates for a luxury sedan; and 4) the permit is
operated in compliance with the preceding provisions and all requirements of Chapter 31 of the Code.
Any change in ownership of the license holder or failure to comply with applicable requirements shall
result in automatic revocation of the permit and removal of the sports utility vehicle from service under
the stretch for-hire limousine license.A for-hire license holder operating a sports utility vehicle pursuant
to this subsection (b) shall not at any time operate any more sports utility vehicles than the number
authorized as of October 1, 2003.
(c) Temporary limousine licenses. Notwithstanding any other provision of this chapter, the County Mayor
may prescribe rules and regulations for the approval and issuance of temporary limousine licenses for
Super Bowls,summits, political conventions and other major special events of national or international
significance, such as nationally televised awards shows, where the event's organizers can
demonstrate that the existing supply of limousines is not adequate to meet the needs of the event.
(d) Notwithstanding the vehicle age limits required by Section 31-609(b) of the Code, any properly
permitted and inspected luxury limousine sedan, stretch limousine, or super-stretch limousine
scheduled for retirement on December 31,2012,shall be allowed to be operated for an additional one-
year period.
(e) Driver Certification. In lieu of obtaining a chauffeur's registration pursuant to Article VI of this Chapter,
a limousine license holder shall have the option to authorize a person to operate a limousine upon the
streets of Miami-Dade County only upon certification by the limousine license holder that the individual
has met the requirements of this Chapter, with the exception of specified courses, and oral, written,
and physical examinations otherwise required and after the limousine license holder has conducted or
caused to be conducted a local, state, and national criminal background check through a Department-
approved agency. The background check shall include a social security trace, a review of all criminal
records in all Florida counties in which the background check conducted in accordance with this
Chapter reveals that the individual has ever committed a crime, as well as a review of all criminal
records in any county where the individual has resided in the last seven (7) years. Any search
conducted pursuant to this section shall include a review of federal court records through the Public
Access to Court Electronic Records ("PACER") system, NATCRIM or similar multistate and
Page 20
multijurisdictional criminal databases, state and national sex offender databases, and driving history
research report.
(1) In order to be authorized as a certified driver, an individual shall submit an application to the
limousine license holder that includes, at minimum, information regarding his or her address,age,
driver's license and driving history.
(2) In addition to screening a prospective driver in accordance with the criteria set forth in Article V,
a limousine license holder may not authorize an individual to operate if the background check
required under this section reveals that the individual has been convicted,within the last three(3)
years, of more than three (3) moving violations or driving on a suspended, revoked, or invalid
license.
(3) Prior to authorizing any individual to operate pursuant to this provision, a limousine license holder
shall issue to that individual a credential,which provides the name of the certified driver, the date
the credential was issued, the date that the credential will expire and a photograph of the certified
driver.
(4) A driver certification credential issued pursuant to this section shall be valid for no more than one
(1)year.
(5) At all times when operating a limousine, a certified driver shall display in such vehicle the driver
certification credential issued by the limousine license holder and make this credential available
for inspection by RER or any code enforcement officer at all times while operating a limousine.
(6) Upon receipt of information that an individual no longer meets the requirements of this Chapter,
the limousine license holder shall immediately revoke the credential issued to the driver and notify
the individual that he or she is no longer authorized to operate a limousine.
(7) It shall be unlawful for a limousine license holder to authorize a person to drive on the streets of
Miami-Dade County or issue a credential to any individual who does not meet the requirements
of this section.
(8) A limousine license holder may not authorize any individual pursuant to this article who was
denied a chauffeur's registration by the Department within one (1)year of the date of denial.
(9) A certified driver shall comply with all requirements applicable to chauffeurs and shall be subject
to all of the penalties provided for in this article and in Section 8CC-10.
(10) A limousine license holder that certifies its drivers pursuant to this section shall notify RER
promptly if it begins using a multistate or multijurisdictional database that is different than the
database it utilized when it obtained a license. If RER determines that the new database does not
comply with this article the for-hire limousine license holder shall, upon notice, immediately cease
using that database to authorize drivers and may only resume authorizing drivers if it utilizes the
database that it used when it obtained a license or obtains the RER's approval to use a new
database.
(f) Vehicle Certification. In lieu of obtaining a vehicle inspection decal issued by RER after passing the
required vehicle inspection at RER's inspection facility,a limousine license holder shall have the option
to certify that such vehicles comply with the requirements of this article. Before any vehicle may be
operated under the authority of such limousine license and issued a vehicle operating permit by RER,
the limousine license holder shall ensure that each such vehicle has a safety inspection conducted by
an American Advanced Technicians Institute ("AATI") or National Institute for Automotive Service
Excellence ("ASE") certified master mechanic or automobile technician at a licensed or state-
registered auto repair shop and that proof of inspection for each such vehicle, in the form required by
RER, has been submitted to the limousine license holder and is available for inspection with the
limousine license holder and in the vehicle.
(1) The limousine license holder or passenger service company shall maintain records of all vehicle
inspections for at least three years and provide proof of such inspections upon request by RER
or any code enforcement officer.
Page 21
(2) Upon request by RER or any other person authorized by the Director, a chauffeur or certified
to Section 31-609.
(3) It shall be unlawful for a limousine license holder to permit or to allow a vehicle to operate on the
streets of Miami-Dade County which has not been certified in accordance with the provisions of
this article.
(4) Any mechanic or technician who provides false information on an inspection form required
pursuant to this section shall not be allowed to certify additional limousines,taxicabs,or other for-
hire vehicles to be operated in Miami-Dade County.A limousine license holder,where applicable,
that fails or does not follow the requirements of this section is subject to revocation or suspension
of its license pursuant to Section 31-611. RER shall periodically distribute its list of prohibited
mechanics to all passenger service companies and limousine license holders. Any inspection
conducted by a prohibited mechanic shall be deemed invalid.
(g) If a limousine license holder elects to self-certify vehicles or drivers, the limousine license holder shall
notify RER in writing prior to certifying vehicles or drivers.
(h) Notwithstanding anything to the contrary in Article V, Section 31-307, a chauffeur shall not be required
to pick up passengers through a person located at the limousine license holder's place of business.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 03-266, § 1, 12-8-03; Ord.No. 06-112, § 1, 7-6-06;
Ord.No. 09-58, § 1, 6-30-09; Ord.No. 11-11, § 1, 3-1-11; Ord.No. 11-102, § 1, 12-19-11; Ord.
No. 12-66, § 1, 9-6-12; Ord.No. 16-44, § 1, 5-3-16)
Sec.31-614.-Seizure,impoundment and forfeiture.
(a) Seizure. Police officers or such other employees as may be designated by the County Mayor or
Director are authorized to seize and impound any for-hire motor vehicle which such officer or employee
has probable cause to believe is being operated in violation of Section 31-602(a)or 31-607(a)of Article
VI of Chapter 31 of the Miami-Dade County Code.A vehicle seized in accordance with this subsection
shall be removed to a designated secured facility.
(b) Notice of Seizure.
(1) Within twenty-four(24) hours of a seizure, as described in Section 31-614(a), a police officer or
other designated county employee shall make a diligent search and inquiry as to the owner's
name and address and make a good faith effort to give a notice of seizure in writing to said vehicle
owner of the fact of such seizure, the grounds for seizure, identification of the seized vehicle and
information concerning these regulations and the designated secured facility to which the vehicle
was or will be taken. A copy of said notice of seizure shall also be given to the proprietor of such
secured facility.
(2) Whenever an officer or designated employee seizes a vehicle under this section, and does not
know, and is not able to ascertain the name of the owner, or for any other reason is unable to
give the notice to the owner as hereinabove provided, then and in that event the officer or
designated employee shall immediately send or cause to be sent a written report of such removal
by mail to the Motor Vehicle Commissioner of the Miami-Dade Police Department.
(c) Vehicle impoundment hearing. Whenever the owner of record of a vehicle seized pursuant to this
section makes a request of the RER in person and in writing for a vehicle impoundment hearing within
ten(10)days of seizure exclusive of Saturdays,Sundays and legal holidays, a magistrate, as provided
in Section 318.32, Florida Statutes, a county court judge or a hearing examiner, who shall not have
responsibility for the enforcement of this article and who shall be designated by the RER Director,shall
conduct the hearing within twenty-four (24) hours or as soon as practicable, excluding Saturdays,
Sundays and legal holidays.
All interested persons shall be given reasonable opportunity to be heard at the vehicle impoundment
hearing. The formal rules of evidence shall not apply. If, after the hearing, the magistrate, county court
Page 22
judge or hearing examiner determines that there is no probable cause to believe that the vehicle is subject
to seizure and impoundment under subsection (a), the magistrate, county court judge or hearing examiner
shall order the immediate return of the vehicle. If, after the hearing, the magistrate, county court judge or
hearing examiner determines that there is probable cause to believe that the vehicle is subject to seizure
and impoundment under subsection (a),the magistrate,county court judge or hearing examiner shall order
the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle (1)
posts with the court or RER a cash bond in the amount of the maximum fine(s), plus any applicable towing
and storage fees, or(2) pleads guilty or nolo contendere and pays in full any towing and storage fees plus
the fine(s). Notwithstanding the foregoing, if, after the hearing, it is determined that there is probable cause
to believe that the vehicle is subject to forfeiture proceedings pursuant to Section 31-614(g), said vehicle
shall not be released.
(d) Hearing regarding Code violation charged in field enforcement report and/or complaint/arrest affidavit.
Within ten (10) days after a vehicle is seized and impounded pursuant to this section or as soon as
practicable, the RER and/or the Clerk's Office shall notify by certified mail, return receipt requested,
the owner of record of the date, time and location of a hearing that will be conducted regarding the
Code violations charged in the field enforcement report,the complaint/arrest affidavit or other charging
instrument. The hearing shall be conducted within thirty (30) days after the vehicle was seized or as
soon as practicable. The hearing shall be conducted by a magistrate, county court judge or hearing
examiner.All interested persons shall be given a reasonable opportunity to be heard at the hearing.
(e) Decisions at hearing.
(1) If the magistrate,county court judge or hearing examiner dismisses the Code violation(s)charged
in the field enforcement report, complaint/arrest affidavit or other charging document and/or finds
the person charged not guilty,the magistrate, county court judge or hearing examiner shall issue
an order for release of the seized vehicle without removal and storage fees.
(2) If the magistrate, county court judge or hearing examiner finds a violation of the Code, the
magistrate, county court judge or hearing examiner shall assess a fine and/or jail sentence as
provided in Section 31-612 of the Code, and removal and storage fees. The fine(s), if any, and
removal and storage fees must be paid in order to obtain an order for release of the seized vehicle.
A magistrate, county court judge or hearing examiner shall not issue an order releasing the
vehicle where said vehicle is subject to forfeiture proceedings pursuant to Section 31-614(g).
(3) If the owner does not obtain the vehicle by the date specified in the order of release, the owner
shall be responsible for any further storage fees, and payment of such fees shall be made before
the release of the vehicle.
(4) A vehicle shall not be released from storage prior to the scheduled hearing specified in this
subsection if the vehicle is subject to forfeiture pursuant to Section 31-614(g)of the Code.
(5) Default hearing. If the owner of the seized vehicle fails to appear for the hearing specified in
Section 31-614(d), a default hearing will be held. A magistrate, county court judge or hearing
examiner shall make a determination pursuant to paragraph (1) or(2)of this subsection (e). The
RER will inform the respondent of the default determination by certified mail, return receipt
requested. The information mailed to the owner shall include the provision of Section 31-614
herein concerning abandoned vehicles. The respondent may comply with the default
determination within seven calendar days of such mailing or move to vacate such default
determination. In the event that such default determination is vacated, the respondent shall be
entitled to a hearing de novo on the original complaint/arrest affidavit, field enforcement report or
other charging document. Such hearing shall be scheduled within ten (10) working days of the
order vacating the default determination or as soon as practicable.
(f) Appeals. If a violation of Section 31-602(a) or 31-607(a) of the Code is found, the assessed fine(s)
together with removal and storage must be paid in order to appeal. However, if the vehicle is the
subject of a forfeiture proceeding pursuant to Section 31-614(g)of the Code, only the fine, if any, must -
be paid in order to appeal. If upon appeal the decision is reversed in whole or part, the appellant shall
receive a refund of the relevant fine(s) and fees.
(g) Forfeiture.
Page 23
(1) Forfeiture. In addition to the penalties set forth in Sections 31-611 and 31-612 of the Code, any
.-.:-
607(a)
_607(a) of the Code on at least three (3)separate occasions within a thirty-six(36) month period,
where all of such violations were committed on or after the effective date of this article shall be
subject to forfeiture upon notice and judicial determination.
(2) Determination by the Director. The Director shall determine whether to pursue the remedy of
forfeiture. Miami-Dade County shall not use the seized vehicle for any purpose until the rights to,
interest in, and title to the seized property are perfected in accordance with this section. This
section does not prohibit use or operation necessary for reasonable maintenance of seized
vehicles. Reasonable efforts shall be made to maintain seized vehicles in such a manner as to
minimize loss of value.
(3) Vehicles subject to forfeiture may be seized provided that the owner is notified at the time of the
seizure or by certified mail, return receipt requested, that there is a right to an adversarial
preliminary hearing after the seizure to determine whether probable cause exists to believe that
such vehicle has been used to commit three (3) or more violations of Section 31-602(a) or 31-
607(a) of the Code on at least three (3)separate occasions within a thirty-six(36) month period,
where all of such violations were committed on or after the effective date of this article. The RER
or other authorized law enforcement agencies shall make a diligent effort to notify the owner of
the seizure. Notice provided by certified mail must be mailed within five (5) working days of the
seizure and shall state that the owner may request an adversarial preliminary hearing within
fifteen(15)days of receiving such notice.When a post-seizure adversarial preliminary hearing as
provided herein is requested, it shall be held within ten (10) days after the request or as soon as
practicable. If the court determines that the required probable cause exists, the court shall order
the property restrained by the least restrictive means to protect against disposal waste, or
continued illegal use pending disposition of the forfeiture proceeding. If the court orders the
release of the vehicle, all fines, if any, and towing and storage fees shall be paid prior to release.
(4) Neither replevin nor any other action to recover any interest in such property shall be maintained
in any court, except as provided in this section; however, such action may be maintained if
forfeiture proceedings are not initiated within forty-five (45) days after the date of seizure.
However, if good cause is shown, the court may extend the aforementioned period to sixty (60)
days.
(5) The court shall order the forfeiture of any other property of a claimant of a vehicle, excluding
lienholders, up to the value of the vehicle subject to forfeiture under this section if the vehicle:
(a) Cannot be located;
(b) Has been transferred to, sold to, or deposited with a third party;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by any act or omission of the person in
possession of the property; or
(e) Has been commingled with any property which cannot be divided without difficulty.
(6) Exceptions.
(a) No vehicle shall be forfeited under the provisions of this section if the owner of such vehicle
establishes by a preponderance of the evidence that she or he neither knew, nor should
have known after a reasonable inquiry, that such vehicle was being used or was likely to be
used in violation of Section 31-602(a)or 31-607(a) of the Code.
(b) No bona fide lienholder's interest shall be forfeited under the provisions of this section if such
lienholder establishes by a preponderance of the evidence that she or he neither knew, nor
should have known after a reasonable inquiry, that such property was being used or was
likely to be used in violation of Section 31-602(a) or 31-607(a) of the Code, that such use
was without his or her expressed or implied consent, and that the lien had been perfected in
- the manner prescribed by law prior to such seizure.
Page 24
(c) No vehicle which is rented or leased from a company engaged in the business of renting or
leasing vehicles shall be forfeited under the provision of this section if the company
establishes by a preponderance of the evidence that it neither knew, nor should have known,
that the vehicle was being used or was likely to be used in violation of Section 31-602(a)or
31-607(a) of the Code. When a vehicle which is rented or leased from a company engaged
in the business of renting or leasing vehicles is seized under this section, upon learning the
address or phone number of said company, the RER shall, as soon as practicable, inform
said company that the vehicle has been seized.
(d) Any interest in, title to, or right to a vehicle titled or registered jointly by the use of the
conjunctives"and,""and/or,"or"or" held by a co-owner shall not be forfeited if the co-owner
establishes by a preponderance of the evidence that such co-owner neither knew, nor had
reason to know, after reasonable inquiry, that such property was used or was likely to be
used in violation of Section 31-602(a) or 31-607(a) of the Code. When the interests of each
culpable co-owner are forfeited, any remaining co-owners shall be afforded the opportunity
to purchase the forfeited interest in,title to,or right to the property from Miami-Dade County.
If any remaining co-owner does not purchase such interest, Miami-Dade County may hold
the property in co-ownership, sell its interest in the property, liquidate its interest in the
property, or dispose of its interest in the property in any other reasonable manner.
(7) Forfeiture proceedings.
(a) It is the policy of Miami-Dade County that the provisions of this section are adopted to deter
and prevent the continued use of for-hire motor vehicles to violate Section 31-602(a) or 31-
607(a)of the Code while protecting proprietary interests of innocent owners and lienholders
and to authorize the use of the proceeds collected under this section as supplemental
funding for enforcement purposes.
(b) The Florida Rules of Civil Procedure shall govern forfeiture proceedings under this section
unless otherwise specified herein.
(c) Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is
waived by the claimant of the vehicle through a written waiver or on the record before the
court conducting the forfeiture proceeding.
(d) Miami-Dade County shall promptly proceed against the vehicle by filing a complaint in the
circuit court
(e) (i) The complaint shall be styled, "in RE FORFEITURE OF." (followed by the name or
description of the vehicle). The complaint shall contain a brief jurisdictional statement,
a description of the subject matter of the proceeding, and a statement of the facts
sufficient to state a cause of action that would support a final judgment of forfeiture.The
complaint must be accompanied by a verified supporting affidavit.
(ii) If no person entitled to notice requests an adversarial preliminary hearing, as provided
in Section 31-614(g)(3), the court, upon receipt of the complaint, shall review the
complaint and the verified supporting affidavit to determine whether there was probable
cause for the seizure. Upon a finding of probable cause,the court shall enter a probable
cause order.
(iii) The court shall require any claimant of a vehicle who desires to contest the forfeiture to
file and serve upon the attorney representing Miami-Dade County any responsive
pleadings and affirmative defenses within twenty(20)days after receipt of the complaint
and probable cause finding.
(f) (i) Miami-Dade County shall serve notice of the forfeiture complaint by certified mail, return
receipt requested, to each person having a security interest in the vehicle. Miami-Dade
County shall also publish notice of the forfeiture complaint twice each week for two (2)
consecutive weeks in a newspaper of general circulation in Miami-Dade County.
(ii) The notice shall, in addition to stating that which is required by Section 31-614(g)(3)
describe the property, state the county, place, and date of seizure; state the
Page 25
governmental entity holding the seized property, and state the name of the court in
(iii) Miami-Dade County shall be obligated to make a diligent search and inquiry as to the
owner of the vehicle, and if, after such diligent search and inquiry, Miami-Dade County
is unable to ascertain any person entitled to notice, the actual notice requirements by
mail shall not be applicable.
(g) When the claimant of the vehicle and Miami-Dade County agree to settle the forfeiture action
prior to the conclusion of the forfeiture proceeding, the settlement agreement shall be
reviewed, unless such review is waived by the claimant of the vehicle in writing, by the court
or a mediator or arbitrator agreed upon by the claimant and Miami-Dade County.
(h) Upon clear and convincing evidence that the seized vehicle was used to commit a third or
subsequent violation of Section 31-602(a) or 31-607(a) of the Code on at least three (3)
separate occasions within a thirty-six (36) month period, where all of such violations were
committed on or after the effective date of this article,the court shall order the seized property
forfeited to Miami-Dade County. As used in this subsection, a "violation" occurs when a
person or entity pleads guilty or nolo contendere or is convicted or found guilty (regardless
of whether adjudication is withheld) of violating Section 31-602(a) or 31-607(a) of the Code
using the vehicle subject to forfeiture. The final order of forfeiture by the court shall perfect
in Miami-Dade County right, title, and interest in and to such property, subject only to the
rights and interests of bona fide lienholders, and shall relate back to the date of seizure.
(i) (i) The seized property shall be released immediately to the person entitled to possession
of the property as determined by the court when the claimant prevails at the conclusion
of the forfeiture proceeding, and Miami-Dade County decides not to appeal.
(ii) When the claimant of the vehicle prevails at the conclusion of the forfeiture proceeding,
any decision to appeal must be made by the RER Director. If the claimant prevails on
appeal, Miami-Dade County shall immediately release the seized property to the person
entitled to possession of the property as determined by the court.
(j) Disposition of forfeited property where no lien. When Miami-Dade County obtains a final
judgment granting forfeiture of a vehicle, it may elect to:
(i) Retain the property for the County's use;
(ii) Sell the property at public auction or by sealed bid to the highest bidder; or
(iii) Salvage, trade, or transfer the vehicle to any public or nonprofit organization.
(k) Disposition of forfeited property where lien. If the forfeited vehicle is subject to a lien
preserved by the court as provided in Section 31-614(g)(6)(b) Miami-Dade County shall:
(i) Sell the property with the proceeds being used towards satisfaction of any liens; or
(ii) Have the lien satisfied prior to taking any action authorized by Section 31-614(g)(7)(j).
(I) Priority of disbursement.The proceeds from the sale of a forfeited vehicle shall be disbursed
in the following priority:
(i) Payment of the balance due on any lien preserved by the court in the forfeiture
proceedings.
(ii) Payment of the costs incurred by Miami-Dade County in connection with the storage,
maintenance, security, and forfeiture of such property.
(iii) Payment of court costs incurred in the forfeiture proceeding.
(iv) The remaining proceeds shall be deposited in an Enforcement Trust Fund hereby
established by the Board of County Commissioners.Such proceeds and interest earned
therefrom shall be used for enforcement of the provisions of Chapter 31 of the Code.
(h) Abandoned vehicles.
Page 26
(1) If an owner does not assert an interest in a seized vehicle by removing it from storage within the
time periods specified in paragraph (2) of this subsection (h), the vehicle shall be deemed
abandoned.A declaration of such abandonment may be made by a circuit court judge after a duly
noticed hearing without further hearing. •
(2) A vehicle shall be deemed abandoned, pursuant to paragraph (1) herein, if an owner.
(a) Has not removed the vehicle from storage within ten (10) days of obtaining an order of
release pursuant to Section 31-614(c), (e) or(g)(7)(j) herein;
(b) Has not paid the fines, if any, and towing and storage fees within ten (10)days of a hearing
determination of violation pursuant to Section 31-614(e)(2) herein, or within ten (10) days
after notice of a default determination of violation was mailed to the owner pursuant to
Section 31-614(e)(5) herein;
(c) Has not paid the fines, if any, and towing and storage fees within ten (10) days of denial or
a motion to vacate a default determination pursuant to Section 31-614(e)(5);
(d) Has not paid the:fines, if any, and towing and storage fees within ten(10)days after a notice
was mailed by the RER to the owner that the County will not pursue the remedy of forfeiture
pursuant to Section 31-614 herein.
(3) In the event that a vehicle has been deemed abandoned pursuant to paragraphs (1) and (2) of
this subsection (h), the RER shall mail to the owner a notice that the vehicle has been recovered
by RER as an abandoned vehicle and that, if unclaimed, its ownership shall vest in Miami-Dade
County and it will be sold at public auction or by bid after ten days from the date such notice was
mailed. Such notice shall also be mailed to any lienholder or mortgagee shown in the records of
the jurisdiction which issued the number of license plates on the vehicle.
(4) An owner, lienholder or mortgagee may claim the vehicle within ten (10)days from the date that
the notice described in paragraph(3)of this subsection (h)was mailed, by paying the towing and
storage fees due and any fine(s).
(5) In the event that an abandoned vehicle is not claimed within ten(10)working days after the notice
described in paragraph(3)of this subsection(h)was mailed, ownership of the abandoned vehicle
shall vest in RER after a duly noticed hearing and declaration of abandonment by a circuit court
judge. The RER may sell an abandoned vehicle at public auction or by bid. Proceeds shall be
paid into the Enforcement Trust Fund.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Sec. 31-615.-Advertisement of for-hire services.
(a) No person may knowingly place or publish an advertisement in any publication which is primarily
circulated, displayed, distributed, or marketed within Miami-Dade County, Florida, which
advertisement identifies for-hire transportation regulated by this article, unless the advertisement
includes the for-hire license number of the limousine company.
(b) For the purposes of this section, an advertisement shall be defined to include any announcement,
listing, display, entry, or other statement of whatever nature or kind, and specifically to include a name
and address or telephone number placed under a heading where the heading describes or
encompasses any for-hire transportation regulated under this article.
(c) No person shall advertise a rate or fare inconsistent with the rate or fare approved pursuant to Section
31-604.
(d) No person shall advertise limousine service in a manner that is false, deceptive or misleading
including, but not limited to, representing the limousine service as taxicab service or as demand
response service.
(Ord.No. 00-139, § 1, 11-14-00; Ord.No. 16-44, § 1, 5-3-16)
Page 27
Secs.31-616-31-700.-Reserved.
Page 28
ARTICLE VII.-REGULATION OF TRANSPORTATION NETWORK ENTITIES, DRIVERS AND VEHICLES
Sec.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 pursuant to the provisions of this article. "Applicant" shall also mean an
individual, partnership, corporation, or limited liability company which makes application, where
applicable, to renew a transportation network entity license pursuant to the provisions of this
article. In the case of partnerships and corporations, "applicant" shall also mean each individual
with a partnership interest, each shareholder of a privately held corporation as well as the
corporate officers and directors.
(b) Commission means the Board of County Commissioners of Miami-Dade County, Florida.
(c) County means Miami-Dade County, Florida.
(d) County Mayor means the head of County government as provided in Article 2 of the Home Rule
Charter of Miami-Dade County, Florida.
(e) Department means the Miami-Dade County Regulatory and Economic Resources Department or
successor department responsible for regulating chapter 31 of the Code.
(f) Digital platform means any internet-enabled technology utilized by a transportation network entity
that connects a passenger to a duly certified transportation network entity driver and
transportation network entity vehicle via prearranged reservation through a computer, mobile
phone, application, web-based reservation or other similar online-enabled technologies that may
be developed in the future.
(g) Director means the Director of the Department or the Director's designee.
(h) Passenger means a person utilizing a transportation network entity vehicle for transportation
network entity services but does not include the transportation network entity driver.
(i) Person means any natural person(s), firm, partnership, association, corporation, or other
business entity.
(j) Personal vehicle means a vehicle that satisfies the definition of a transportation network entity
vehicle, is operated by a transportation network entity driver and is owned or leased by a
transportation network entity driver or other natural person who has authorized the transportation
network entity driver to use the vehicle.
(k) Personnel authorized by the Department means uniformed enforcement personnel and any other
individual authorized by the Director.
(I) Prearranged or prearrange means an electronic reservation made in advance by the person
requesting service through a transportation network entity for the provision of transportation
network entity services.
(m) Solicit means an appeal by bell, horn, whistle, words or gestures by a driver or his or her agent
directed at individuals or groups.
(n) Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public
park, viaduct or other public place accessible to the public, located in Miami-Dade County and
used by motor Vehicles.
(o) Street hail means an immediate arrangement made on a street with a driver by a person seeking
immediate transportation.
(p) 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
designated location for awaiting employment authorized and provided by the owner of private
property.
Page 1
(q) Transportation network entity shall mean a natural person(s), firm, partnership, association,
passenger to a transportation network entity driver on a prearranged basis so that such driver
may provide transportation network entity services.
(r) Transportation network entity for-hire license or transportation network entity license means a
license issued by the Department to a transportation network entity authorizing the transportation
network entity to, at a minimum, allow transportation network entity drivers to provide
transportation network entity services on a prearranged basis using a transportation network
entity vehicle within the incorporated and unincorporated areas of Miami-Dade County, Florida.
(s) Transportation network entity for-hire driver or transportation network entity driver shall mean an
individual who uses a personal vehicle to provide prearranged transportation network entity
services through a transportation network entity using a transportation network entity vehicle.
(t) Transportation network entity services shall mean the provision of prearranged transportation
services for compensation by a transportation network entity driver through a transportation
network entity digital platform. Transportation network entity services do not include ridesharing,
as defined in section 341.031 of the Florida Statutes, or carpool arrangements, as defined in
section 450.28 of the Florida Statutes, or any other type of shared expense arrangement where
the driver receives reimbursement that does not exceed the driver's cost of providing the ride.
(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 taxicab, stretch limousine,
super-stretch limousine, luxury limousine sedan, passenger motor carrier vehicle or special
transportation services vehicle regulated by this chapter,that is used by a transportation network
entity driver to provide transportation network entity services. Notwithstanding any provision to
the contrary in article VI,a transportation network entity driver may operate a luxury vehicle which
transports eight passengers or less including, but not limited to, a luxury sedan as defined by
RER pursuant to Section 31-601 (v)of article VI of this chapter.
(v) Trade name or doing business as("d/b/a') name means the County-approved name under which
the transportation network entity license holder may provide transportation network entity
services, and which name shall not duplicate the name of any other transportation network entity
license holder or transportation network entity.
(Ord.No. 16-42, § 3, 5-3-16)
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 transportation network entity drivers to provide transportation network
entity services, as defined in Section 31-701, upon the streets of Miami-Dade County, Florida,without
first obtaining a preliminary transportation network entity license or a transportation network entity for-
hire license and maintaining its current and valid pursuant to the provisions of this article. There shall
be no limitation on the number of preliminary licenses or transportation network entity licenses that
may be issued.
(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; and
(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 American with Disabilities Act 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.
Page 2
(c) Application procedures. Every initial application for a transportation network entity license shall be in
writing, signed and sworn to by the applicant, and shall be filed with the Department together with a
processing fee which shall be nonrefundable. 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. If the applicant is a limited liability company, the form shall be signed and sworn to
by a managing member. The application shall be on a form provided by the Department 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. A post office box address will not be accepted hereunder;
(2) All applicants shall have a place of business in Miami-Dade, Broward or Palm Beach County,
Florida. All corporate, partnership, or limited liability company applicants shall be organized or
qualified to do business under the laws of 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 description 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 nob contendere, pled guilty, or of which the
applicant has been found guilty or been convicted,whether or not adjudication has been withheld
within the ten (10) years preceding the date of the application. In the case of a corporate or
partnership or limited liability company applicant, this information shall be obtained from all
corporate officers and directors or partners or managing members, as the case may be;
(7) A sworn statement signed by the applicant that all information provided by the applicant is true
and correct; and
(8) A certification by the transportation network entity that all transportation network entity drivers
operating under its license have undergone a background check pursuant to Section 31-702(q)
and meet the requirements of Section 31-703(b), and that all transportation network entity
vehicles have a current inspection certification which meets the requirements of Section 31-708.
(d) Review of transportation network entity for-hire license applicants. The Director shall review the
required documents and reject any application that is not properly filed or that is incomplete or untrue
in whole or in part. The Director shall approve the application if the applicant meets all of the
requirements of this article.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) 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 has been withheld, unless his or her civil or
residency rights have been restored;
(3) 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;
(4) 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;
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(5) Was enjoined by a court of competent jurisdiction in Miami-Dade County from engaging in the
respect to any of the requirements of this chapter,
(6) Does not have a place of business located in Miami-Dade, Broward or Palm Beach County,
Florida;
(7) Has any unsatisfied civil penalty or judgment in Miami-Dade County, unless either is being
challenged by the transportation network entity in a legal proceeding pertaining to that
transportation network entity's operations;
(8) Has had a transportation network entity license issued by Miami-Dade County revoked within the
last five(5)years; provided that, the Director, for good cause shown, may shorten this period;
(9) Has within the last five (5) years pled nolo 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
(10) 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 transportation network entity vehicles operated under the authority of the
transportation network entity have passed all required vehicle inspections; and
(4) Has ensured that all transportation network entity drivers under the authority of the transportation
network entity have passed the required background check.
(f) 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 45-day period, the applicant may, prior
to expiration of such 45-day period, request in writing a reasonable extension from the Director. If the
request states good cause for an extension, the Director shall grant such a reasonable extension as
the Director finds is in the public interest.
(g) Vehicles authorized to operate under a transportation network entity license or preliminary
transportation network entity license. There shall be no limit to the number of transportation network
entity vehicles authorized to operate under a transportation network entity license or preliminary
transportation network entity license.
(h) Issuance of transportation network entity license. Each transportation network entity license shall be
on a form developed by the Department and shall be signed by the Director. Each transportation
network entity license shall, at a minimum, contain the name and the business address of the license
holder, date of issuance and its expiration date.
(i) Expiration of and renewal process for transportation network entity licenses. Transportation network
entity licenses may be issued for such periods as specified in the implementing order establishing the
fees but in no case for a period less than one (1) year. Each renewal shall be submitted no less than
thirty (30) days prior to expiration of the existing 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 the Department. 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 article.
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(j) 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.
(k) If a transportation network entity operates at Miami International Airport or Port of Miami, such
transportation network entity shall within 40 days after the effective date of the implementing order
referred to in this subsection, utilize a geo-fence system to identify all transportation network entity
vehicles picking up and dropping off passengers at Miami International Airport and Port of Miami, as
applicable, and keep records of such trips for the preceding three (3) years, certify annually that all
fees have been paid and allow audits of relevant documents two(2)times a year. For purposes of this
article, the Miami Intermodal Center shall be considered part of Miami International Airport. If the
Director of Miami International Airport or the Director of the Port of Miami determines that a
transportation network entity has failed to account accurately for the fees to be paid pursuant to the
implementing order establishing fees,the transportation network entity shall implement a technological
solution or implement other procedures that the Director of Miami International Airport or the Director
of the Port of Miami determines is sufficient to verify the number of pickups and drop-offs at Miami
International Airport or the Port of Miami. Notwithstanding this subsection, the Mayor or Mayor's
designee is authorized to enter into an operating agreement with a transportation network entity
operating at Miami International Airport or Port of Miami, as applicable, in order to set forth terms and
conditions of a transportation network entity's access, operations and responsibilities as it pertains to
those facilities.
(I) Rules of operation. Transportation network entity license holders shall abide by all ordinances,
resolutions, 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 Miami-Dade
County Code. A transportation network entity license holder and her, his or its agents shall comply
with the following regulations:
(1) Comply with applicable federal law, Florida law, this chapter, and ordinances, rules and
regulations of the County applicable to the operation of transportation network entity vehicles;
(2) Immediately report any change of address;
(3) Maintain all records demonstrating compliance with the provisions of this article and pertaining to
the transportation network entity services of a transportation network entity vehicle electronically
for three (3)years;
(4) A transportation network entity shall not allow or permit any person to operate a transportation
network entity vehicle who does not meet the requirements of Section 31-703;
(5) A transportation network entity shall ensure that all transportation network entity vehicles to be
placed into service have passed an inspection indicating that they meet the vehicle and inspection
requirements set forth in Section 31-708(e)-(f);
(6) A transportation network entity shall not knowingly permit a transportation network entity driver 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 article;
(7) A transportation network entity shall not knowingly permit a transportation network entity driver to
operate a transportation network entity 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 the transportation network entity driver to begin or continue to drive the vehicle;
(8) Reserved;
(9) A deaf or hard of hearing person, totally or partially blind person, or disabled person riding in a
transportation network entity vehicle shall be permitted to be accompanied by a service animal
specially trained for the purpose without being required to pay an extra charge for the service
animal;
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(10) A transportation network entity shall adopt and require all transportation network entity drivers to
1 . _
sufficiently large and color contrasted as to be readable during daylight hours at a distance of at
least fifty(50)feet when providing transportation network entity services;
(11) A transportation network entity shall not knowingly permit any transportation network entity driver
to utilize any areas designated solely for use by taxicabs;
(12) A transportation network entity shall not knowingly permit any transportation network entity driver
to solicit or pick up passengers other than by prearrangement through the transportation network
entity;
(13) A transportation network entity shall not knowingly permit any transportation network entity driver
to accept street hails;
(14) A transportation network entity shall not knowingly allow or permit any transportation network
entity vehicle to display the word(s) "taxicab", "taxi" or "cab" on the exterior or interior of the
vehicle;
(15) A transportation network entity shall ensure that the digital platform used by a transportation
network entity to connect transportation network entity drivers and passengers displays the first
name of the transportation network entity driver, a picture of the transportation network entity
driver, the license plate number of the transportation network entity vehicle, a picture of the
transportation network entity vehicle or description of the transportation network entity vehicle
that, in the Director's sole discretion, is sufficient to enable a passenger to easily identify the
vehicle, as well as a system for driver feedback which shall, at a minimum, include a driver rating
system;
(16) A transportation network entity shall implement a zero tolerance policy on the use of drugs or
alcohol while a transportation network entity driver provides transportation network entity
services. Each transportation network entity license holder shall provide notice of the zero
tolerance policy on its website, as well as a complaint telephone number, e-mail address, or
hyperlink, and procedures to report a complaint about a transportation network entity driver who
is suspected of being under the influence of drugs or alcohol while providing transportation
network entity services;
(17) Upon completion of a trip, a transportation network entity shall 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 first name of the transportation network entity driver, and a description
of the total amount paid, if any;
(18) A transportation network entity shall maintain a physical office in Miami-Dade, Broward or Palm
Beach County that is open to the public, at a minimum,from 9:00 a.m.to 5:00 p.m. on weekdays;
(19) A transportation network entity shall maintain a website that provides a customer service
telephone number, e-mail address, or hyperlink at which a representative from the transportation
network entity may be reached twenty-four(24) hours per day, seven (7)days per week;
(20) A transportation network entity shall maintain an emergency telephone number at which a
representative of the transportation network entity may be reached twenty-four (24) hours per
day, seven (7)days per week, to respond to law enforcement emergency requests;
(21) A transportation network entity shall ensure that transportation network entity drivers operating
on its digital platform are aware of the requirements of this chapter and shall not knowingly permit
a transportation network entity driver who is violating these requirements to operate on its digital
platform;
(22) Antidiscrimination
(a) No transportation network entity shall knowingly allow or permit a driver to refuse or neglect
to provide transportation network entity services to any orderly person requesting such
services and able and willing to pay for such services, regardless of the requested
destination, or on account of that person's race, sex, religion, national origin, age, marital
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status, sexual orientation, gender identity or expression, pregnancy, disability, color, or
political affiliation.
(b) Transportation network entities shall adopt a policy of nondiscrimination on the basis of a
person's race, sex, religion, national origin, age, marital status, sexual orientation, gender
identity or expression, pregnancy, disability, color, or political affiliation, and shall notify
transportation network entity drivers of such policy.
(c) Transportation network entities and transportation network entity drivers shall not charge a
higher fare or additional fee to a person who is disabled based on the person's disability or
use of a support animal, wheelchair, or other mobility assistance device.
(d) Transportation network entities and transportation network entity drivers shall comply with
all applicable requirements of the Americans with Disabilities Act of 1990, as amended.
(23) A transportation network entity shall ensure that every transportation network entity driver
operating a wheelchair accessible vehicle has been provided instructions detailing the safe and
proper methods of securing, transporting, and dealing with passengers utilizing a wheelchair,
(24) A transportation network entity shall not allow or permit any person to operate any vehicle as a
transportation network entity vehicle that is a stretch or super-stretch limousine or a luxury
limousine sedan regulated by article VI of this chapter, a special transportation services motor
carrier regulated by article IV of this chapter, a passenger motor carrier regulated by article III of
this chapter or a taxicab regulated by article II of this chapter. Notwithstanding any provision to
the contrary in article VI, a transportation network entity driver may operate a luxury vehicle which
transports eight passengers or less including, but not limited to, a luxury sedan as defined by
RER pursuant to section 31-601(v)of article VI of this chapter,
(25) The Mayor or the Mayor's designee shall be authorized to enter into a data sharing agreement
with each transportation network entity;
(26) Consistent with this article, transportation network entity license holders shall upon request
provide documentation identified by the Department to investigate and resolve a compliance
inquiry;
(27) A transportation network entity shall be required to maintain on its website a description of its
policies for deactivating transportation network entity drivers and appeals process, if any; and
(28) At the end of the first calendar year after the adoption of this ordinance, each transportation
network entity shall submit to the Department the following information regarding transportation
activities in Miami-Dade County: average driver rating; overall number of trips in Miami-Dade
County;average age of transportation network entity vehicles operated during the preceding year
in Miami-Dade County; the number of incidents (e.g., accidents, moving violations and criminal
charges) during the preceding year, and the number of insurance claims filed. The Department
shall provide this information to the Board in the form of a report pursuant to Ordinance No. 14-
65.
(m) Transportation network entities shall provide passengers an opportunity to indicate whether they
require a wheelchair-accessible vehicle. Transportation network entities are expressly prohibited from
directing riders who require wheelchair-accessible vehicles to alternate transportation providers. In
addition to preparing an implementing order to address transportation network entity fees, the Mayor
shall within 60 days prepare a report to the Board that addresses the availability of transportation
network entity service for power wheelchair users.
(n) Responsibility for violations of chapter arising from the operation of a transportation network entity
vehicle by a transportation network entity driver. The holder of a transportation network entity license
shall be subject to the penalties provided in this chapter for any violation of this chapter arising from
the operation of any transportation network entity vehicle by a transportation network entity for-hire
driver authorized under the holder's transportation network entity license where the transportation
network entity knowingly permitted or allowed the violation, In addition,a transportation network entity
license shall be subject to suspension or revocation for any such violation as provided in Section 31-
710. Charges against or penalties imposed on a transportation network entity driver for the same or
Page 7
related violations shall not relieve the transportation network entity license holder of responsibility
(o) The fee for a transportation network entity license shall be determined by an implementing order
approvedby a resolution adopted by the Commission.
(p) No transportation network entity license may be sold, leased, assigned, mortgaged or otherwise
transferred by a holder of a transportation network entity license.
(q) Transportation network entity license holders may authorize a person to operate a transportation
network entity vehicle over the streets of Miami-Dade County only upon either: (1) certification by the
transportation network entity license holder that the driver has completed and passed a Level II
background check process; or(2) certification by the transportation network entity license holder that
the individual has met the requirements of Section 31-703(b) after the transportation network entity
has conducted a local, state, and national criminal background check through a Department approved
company or agency accredited by the National Association of Professional Background Screeners or
a comparable accreditation entity approved by the Department that includes, among other things, a
social security trace or similar identification check that is designed to identify relevant information about
the individual, including known addresses, aliases, and alternative spellings of the individual's name;
a review of all criminal records in all Florida counties in which the background check conducted in
accordance with this Section reveals that the individual has ever committed a crime as well as any
county where the individual has resided in the last seven (7)years, federal court records through the
Public Access to Court Electronic Records system, NATCRIM or similar multistate and
multijurisdictional criminal databases, state and national sex offender databases, and driving history
research reports:
(1) In order to be authorized to drive for a transportation network entity, an individual shall submit an
application to the transportation network entity that includes,at a minimum, information regarding
his or her address, age, driver license, driving history, motor vehicle registration, and automobile
liability insurance;
(2) Prior to authorizing any individual to operate pursuant to this article, a transportation network
entity shall issue to that individual a credential, which may be in digital form, that provides the
name of the transportation network entity, the name of the authorized driver, the date the
credential was issued and the license plate of the vehicle authorized to operate under the
transportation network license. If the transportation network entity makes a digital version of its
credential available to a driver, such digital version need not include the date of credential
issuance provided that digital or electronic access to such digital version is restricted to a driver
with a current and valid credential. In no event shall the transportation network entity allow access
to a digital platform, or make available an undated credential, to a driver with an expired
credential;
(3) A credential issued by a transportation network entity pursuant to this Section shall be valid for
no more than one(1)year;
(4) Any individual authorized to drive pursuant to this article shall have a copy of this credential
available for inspection by the Department, any code enforcement officer or any other person
authorized to enforce this article pursuant to Section 31-709 at all times while operating a
transportation network entity vehicle;
(5) A transportation network entity may not authorize any individual pursuant to this article who was
denied a chauffeur's registration by the Department within one(1)year of the date of denial. The
Department shall make available to each transportation network entity a list of such individuals;
(6) Reserved;
(7) Upon receipt of information that an individual no longer meets the requirements of Section 31-
703, the transportation network entity shall immediately revoke the credential it issued to the
driver, notify the individual that he or she is no longer authorized to operate a motor vehicle for
hire and, prohibit the driver from operating on its platform;
(8) A transportation network entity that certifies its drivers pursuant to this Section shall notify the
Department promptly if it begins using a multistate or multijurisdictional database that is different
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than the database it utilized when it obtained a license. If the Department determines that the new
database does not comply with this article the transportation network entity shall, upon notice,
immediately cease using that database to authorize drivers and may only resume authorizing
drivers if it utilizes the database that it used when it obtained a license or obtains the Department's
approval to use a new database; and
(9) It shall be unlawful for a transportation network entity to authorize a person to drive on the streets
of Miami-Dade County or issue a credential to any individual who does not meet the requirements
of this article.
(r) Preliminary transportation network entity license. Notwithstanding any provision to the contrary in
chapter 31 of the Code, the Director is, within five (5) business days after the effective date of this
ordinance, authorized to issue a preliminary transportation network entity license which shall be valid
for 30 days, unless extended by the Director for good cause shown. The preliminary license shall
authorize the transportation network entity to provide transportation network entity services on a
countywide basis and shall include the Miami International Airport and the Port of Miami as provided
in this article. No transportation network entity shall be issued a preliminary license unless the
applicant:
(1) Has completed the application form prepared by the Department to the satisfaction of the Director;
(2) Has paid the application and preliminary license fees;
(3) Has certified that all transportation network entity drivers and transportation network entity
vehicles are covered by insurance required by this article;
(4) Has certified that transportation network entity for-hire vehicles operated under the authority of
the transportation network entity have passed all required vehicle inspections; and
(5) Has certified that all transportation network entity drivers operating under the authority of the
transportation network entity preliminary license have passed, at a minimum, a Level
background check,and hold a current driver license issued by the State of Florida or are otherwise
authorized to operate a motor vehicle in Florida pursuant to Section 322.031, Florida Statutes.
The preliminary license application fee shall be $350.00 and the license fee shall be $26.00 for each
transportation network entity vehicle operated.Any preliminary license fee paid by a transportation network
entity shall be deducted from the annual fee for the initial transportation network entity license issued to the
transportation network entity. Each transportation network entity shall disclose in the preliminary license
application the number of transportation network entity vehicles it intends to operate pursuant to the
preliminary license and the subsequently issued transportation network entity license. Each transportation
network entity operating under the authority of a preliminary license shall, at a minimum, comply with the
provisions of Sections 31-702(d),(k), (I), (m), (n)and(p), 31-705, 31-706, 31-707,31-708 and 31-712. Each
transportation network entity driver operating under the authority of a preliminary license shall, at a
minimum, comply with the provisions of Sections 31-703 (a), (b), (c), (d) and (e), 31-705, 31-706, 31-707
and 31-71Z Each transportation network entity vehicle shall comply with Section 31-708. Each preliminary
license shall expire within thirty (30) days from the date of issuance unless extended by the Director for
good cause shown. Upon the expiration of a preliminary license, all transportation network entities services
shall cease and desist until the transportation network entity has been issued a transportation network entity
license.
(s) If the Mayor successfully negotiates a global settlement of all non-adjudicated citations with each
transportation network entity on behalf of drivers or vehicles that operated on the transportation
network entity's digital platform prior to the adoption of this ordinance,the settlement shall also include
an additional $65.00 charge to be paid by each transportation network entity for each settled citation
which shall be paid to the Clerk of the Court, Traffic Division, for the purposes of providing each
transportation network entity driver at the address provided on the citation: a written statement
regarding the status of code violations; driver's history; outstanding citations and any other resolved
and unresolved civil or criminal matters.
(Ord.No. 16-42, § 3, 5-3-16)
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Sec.31-703.-Transportation network entity drivers.
Transportation network entity drivers shall comply with the following requirements:
(a) It shall be unlawful for any person to drive a transportation network entity vehicle over any street
in Miami-Dade County without first having obtained authorization from a transportation network
entity pursuant to this article.
(b) Each transportation network entity driver shall:
(1) Hold a current driver license issued by the State of Florida or be otherwise authorized to
operate a motor vehicle in Florida pursuant to Section 322.031, Florida Statutes;
(2) Be able to communicate in the English language;
(3) Possess the mental and emotional stability, as well as the physical ability,to safely carry out
the duties inherent in operating a transportation network entity vehicle;
(4) Not have been, within the last seven (7) years, convicted (convicted shall mean any judicial
determination of conviction, adjudication withheld, or plea of nolo contendere)of a felony, or
have been released from incarceration from a prison within the last six(6)months as a result
of a felony conviction as shown on any publicly-accessible website made available by any
state or federal Department of Corrections or similar government agency, unless his or her
civil or residency rights have been restored;
(5) Not have been convicted (convicted shall mean any judicial determination of conviction,
adjudication withheld, or plea of nolo contendere) 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, sexual
misconduct with certain developmentally disabled clients and reporting of such sexual
misconduct under Section 393.135, Florida Statutes, sexual misconduct with certain mental
health patients and reporting of such sexual misconduct under Section 394.4593, Florida
Statutes, manslaughter, aggravated manslaughter of an elderly person or disabled adult, or
aggravated manslaughter of a child under Section 782.07, Florida Statutes, vehicular
homicide under Section 782.021, Florida Statutes, killing of an unborn child by injury to the
mother under Section 782.09, Florida Statutes, kidnapping under Section 787.01, Florida
Statutes, false imprisonment under Section 787.02, Florida Statutes, sexual battery under
Section 794.05, Florida Statutes, lewd or lascivious offenses committed upon or in the
presence of an elderly person or disabled adult under Section 825.1025, Florida Statutes,
sexual performance by a child under Section 827.071, Florida Statutes, sexual misconduct
with certain forensic clients and reporting of such sexual misconduct under Section
916.1075, Florida Statutes, inflicting cruel or inhumane treatment on an inmate resulting in
great bodily harm under Section 944.35(3), Florida Statutes, or has been adjudicated a
habitual violent felony offender under Section 775.084, Florida Statutes;
(6) Reserved;
(7) Not have been, within the last seven (7)years, convicted (convicted shall mean any judicial
determination of conviction, adjudication withheld, or plea of nob contendere) of:
a. Driving under the influence of drugs or intoxicating liquors;
b. Fleeing the scene of any accident; or
c. Vehicular manslaughter or any death resulting from driving; or
(8) Not have been, within the last three(3) years, convicted (conviction shall mean any judicial
determination of conviction, adjudication withheld, or plea of nolo contendere) of more than
three(3) moving violations or driving on a suspended, revoked, or invalid license.
(c) No person shall operate a transportation network entity vehicle who:
(1) Is an individual who is not duly authorized to work under the immigration laws or the Attorney
General of the United States;
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(2) Is a user of alcohol or drugs whose current use would constitute a direct threat to property
or the safety of others;
(3) Has been, within the last seven (7) years, convicted (convicted shall mean any judicial
determination of conviction, adjudication withheld, or plea of nolo contendere)of a felony, or
have been released from incarceration from a prison within the last six(6)months as a result
of a felony conviction as shown on any publicly-accessible website made available by any
state or federal department of corrections or similar government agency, unless his or her
civil or residency rights have been restored;
(4) Has been convicted (convicted shall mean any judicial determination of conviction,
adjudication withheld, or plea of nob contendere) 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, sexual
misconduct with certain developmentally disabled clients and reporting of such sexual
misconduct under Section 393.135, Florida Statutes, sexual misconduct with certain mental
health patients and reporting of such sexual misconduct under Section 394.4593, Florida
Statutes, manslaughter, aggravated manslaughter of an elderly person or disabled adult, or
aggravated manslaughter of a child under Section 782.07, Florida Statutes, vehicular
homicide under Section 782.021, Florida Statutes, killing of an unborn child by injury to the
mother under Section 782.09, Florida Statutes, kidnapping under Section 787.01, Florida
Statutes, false imprisonment under Section 787.02, Florida Statutes, sexual battery under
Section 794.05, Florida Statutes, lewd or lascivious offenses committed upon or in the
presence of an elderly person or disabled adult under Section 825.1025, Florida Statutes,
sexual performance by a child under Section 827.071, Florida Statutes, sexual misconduct
with certain forensic clients and reporting of such sexual misconduct under Section
916.1075, Florida Statutes, inflicting cruel or inhumane treatment on an inmate resulting in
great bodily harm under Section 944.35(3), Florida Statutes, or had been adjudicated a
habitual violent felony offender under Section 775.084, Florida Statutes;
(5) Reserved;
(6) Has been, within the last seven (7) years, convicted (convicted shall mean any judicial
determination of conviction, adjudication withheld, or plea of nob contendere)of:
a. Driving under the influence of drugs or intoxicating liquors;
b. Fleeing the scene of any accident; or
c. Vehicular manslaughter or any death resulting from driving; or
(7) Has been, within the last three (3) years, convicted (conviction shall mean any judicial
determination of conviction, adjudication withheld, or plea of nolo contendere)of more than
three(3) moving violations or driving on a suspended, revoked, or invalid license.
(d) Transportation network entity drivers must abide by all requirements contained in this article. A
transportation network entity driver shall comply with the following regulations:
(1) No transportation network entity driver shall solicit passengers;
(2) No transportation network entity driver shall smoke while transporting passengers;
(3) No transportation network entity driver 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;
(4) Transportation network entity drivers shall at all times maintain a neat appearance;
(5) No transportation network entity driver shall collect fares or compensation for transportation
services other than the rates or charges provided for under Section 31-706 for the type of
service being provided, nor may any driver collect any additional payment for transporting
any baggage which accompanies the passenger, provided that, a transportation network
entity driver may accept gratuities;
(6) The passenger shall be provided an electronic or paper receipt for the fare collected;
Page 11
(7) A transportation network entity driver shall not use abusive language or be discourteous to
(8) No transportation network entity driver shall operate a transportation network entity 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;
(9) All transportation network entity drivers shall notify the transportation network entity of each
change of address within ten (10) days of relocation;
(10) Transportation network entity drivers shall select routes to trip destinations that are most
economical to the passenger unless otherwise directed by or agreed to by the passenger,
(11) No transportation network entity driver 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 from any business establishment any payment for such solicitation or diversion of
passengers from or to any place of business provided that nothing in this paragraph shall be
construed to preclude a transportation network entity driver from placing promotional
materials in his or her vehicle as long as the driver does not receive compensation for placing
such materials in the vehicle;
(12) It shall be unlawful for any transportation network entity driver to refuse to stop his or her
vehicle for inspection by Department authorized personnel or any police officer, or to refuse
to permit personnel authorized by the Department to conduct an inspection of the vehicle,
when such personnel, except as authorized elsewhere in this article witness a violation of
the Code pertaining to such vehicle or when any authorized person witnesses a violation of
the requirements of law or the Code pertaining to such vehicle;
(13) Each transportation network entity driver shall use the air conditioner when the ambient air
temperature exceeds seventy-five degrees Fahrenheit unless otherwise requested by the
passenger. Notwithstanding the ambient air temperature, a driver shall use the air
conditioner upon request of the passenger,
(14) No transportation network entity driver shall refuse or neglect to transport to any place in the
county any orderly person, with a service animal, who is willing and able to pay the
prescribed fare and no driver 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;
(15) A transportation network entity driver shall not 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 article;
(16) A transportation network entity driver shall not utilize any areas designated solely for use by
taxicabs;
(17) A transportation network driver shall not display on any transportation network entity vehicle
the word(s)"taxicab", "taxi"or"cab"on the exterior or interior of the vehicle;
(18) Transportation network entity drivers shall comply with all applicable requirements of the
Americans with Disabilities Act of 1990, as amended;
(19) No transportation network entity driver shall refuse or neglect to provide transportation
network entity services to any orderly person requesting such services and able and willing
to pay for such services, regardless of the requested destination, or on account of that
Page 12
person's race, sex, religion, national origin, age, marital status, sexual orientation, gender
identity or expression, pregnancy, disability, color, or political affiliation; or
(20) Transportation network entity drivers shall not charge a higher fare or additional fee to a
person who is disabled based on the person's disability or use of a support animal,
wheelchair, or other mobility assistance device.
(e) Conviction of a crime. A transportation network entity driver shall be required to notify the
transportation network entity in writing of a conviction of a crime that would preclude a driver from
operating as a transportation network entity for-hire driver under this Section within ten (10)
business days of said occurrence. Such a driver shall immediately be removed from the
transportation network entity's digital platform.
(Ord.No. 16-42, § 3, 5-3-16)
Sec. 31-704.-Duties of Miami-Dade County Regulatory and Economic Resources Department or
successor department.
In addition to the duties and responsibilities specified in this chapter,the Department shall be charged
with the following duties and responsibilities:
(a) Process, investigate and prepare all reports required by this article;
(b) Investigate and prepare reports on alleged violations of this article;
(c) Enforce the provisions of this article;
(d) Attempt to resolve complaints received from any source concerning the industry;
(e) In addition to the enforcement of this article, issue, deny, suspend and revoke all transportation
network entity licenses pursuant to the provisions of this article, and maintain appropriate files
regarding said actions;
(f) Provide technical assistance to the industry;
(g) Develop a standardized reporting technique for transportation network entities after consultation
with the transportation network entities;
(h) Provide a system to handle complaints of municipal officials relating to transportation network
entity service within such municipalities and expedite the resolution of same;
(i) Perform any other functions assigned by the County Mayor;
(j) Coordinate cooperative enforcement activities with municipalities, including implementing
procedures for the disposition of fine revenues collected;
(k) Prepare and implement, in coordination and after consultation with the industry, changes,
amendments or modifications to implementing orders establishing fees pursuant to this article
and provide the transportation network entities with at least ten (10) days' notice prior to
consideration of such changes, amendments or modifications by the Commission, other than
when approved by the Commission as part of the annual budget approval process;
(I) Upon court order have closed and sealed unlicensed service provider establishments in
accordance with this article;
(m) 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
Commission, shall have the force and effect of the law; and
(n) Except for the fees recommended by the County Mayor and approved by the Commission for
transportation network entity vehicles providing transportation of persons and their baggage to or
from Miami International Airport and to or from the Port of Miami,whenever in this article a fee is
charged or is required to be paid, the amount of such fee shall be established by implementing
order approved by the Commission. Such fees shall be deposited in a separate Miami-Dade
Page 13
County fund and shall be used exclusively to accomplish the regulatory purposes of this article.
TL- _L -2 iL-
services and regulation provided therefor.
(Ord.No. 16-42, § 3, 5-3-16)
Sec.31-705.-Rules for operation.
(a) Each transportation network entity shall adopt and require all transportation network entity drivers to
display consistent trade markings (i.e., distinctive signage or display on the vehicle) when providing
transportation network entity services that are 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 for-hire vehicle or driver shall utilize a designated taxicab stand.
(c) A transportation network entity driver shall not solicit or pick up passengers other than by
prearrangement through the transportation network entity.
(d) A transportation network entity driver shall not accept or solicit street hails.
(e) Transportation network entity vehicles shall not display the word(s) "taxicab", "taxi" or "cab" on the
exterior or interior of the transportation network entity vehicle.
(f) Every transportation network entity and transportation network entity driver shall fully comply with all
ordinances, rules and regulations of the County applicable to the operation of transportation network
entity vehicles.
(g) All transportation network entities shall implement a zero tolerance policy on the use of drugs or alcohol
while a transportation network entity driver provides transportation network entity services and
transportation network entity drivers shall comply with this policy.
(h) Each transportation network entity shall make available to the Director or Director's designee for review
at the transportation network entity's local office in Miami-Dade County, Broward County, or Palm
Beach County financial documentation relating to fees charged and/or collected at Miami International
Airport and the Port of Miami,which shall include, among other things, the number of pickups at Miami
International Airport and Port of Miami; provided that, if a transportation network entity and the County
enter into an operating agreement under Section 31-702(k), the transportation network entity's
recordkeeping and reporting obligations shall be governed by that operating agreement.
(i) Audits:
(1) Transportation network entities shall maintain all financial records as provided in Section 31-705
as well as records of all vehicle inspections, background checks,and insurance required pursuant
to this article for at least three(3)years;
(2) Transportation network entities shall cooperate with the Department to permit audits of records
described in Section 31-705 to verify compliance with requirements of this article.The Department
or its designee may conduct these audits no more than biannually;
(3) Upon request by the Department, any code enforcement officer or any other person authorized
to enforce this article pursuant to Section 31-709, a transportation network entity driver shall
permit inspection of a transportation network entity vehicle for purposes of verifying compliance
with this article and reviewing documentation demonstrating that the driver is registered with a
County-licensed transportation network entity, that the driver's vehicle has been inspected
pursuant to Section 31-708, and that a trip was prearranged through a digital platform. The
transportation network entity shall include in its driver policies a requirement that a transportation
network entity driver immediately permit inspection of a vehicle in accordance with this paragraph
and provide access to this documentation to the Department, code enforcement officer or any
other person authorized to enforce this article pursuant to Section 31-709 upon request. If a
transportation network entity for-hire driver refuses to allow an inspection or to make such
documentation available, upon notice to the transportation network entity, the transportation
Page 14
network entity shall not allow the transportation network entity driver to use its digital platform until
the driver permits the inspection or provides the documentation;
(4) In connection with a compliance inquiry including, but not limited to, a compliance inquiry under
paragraph three(3)of this subsection,the Department,any code enforcement officer or any other
person authorized to enforce this article pursuant to Section 31-709 may request, and a
transportation network entity shall provide or make available for inspection, documentation
necessary to investigate and resolve the inquiry, including documentation verifying a driver's
certification with the transportation network entity,that the transportation network entity driver has
undergone a background check as required by this article and meets the requirements of Section
31-703, that the transportation network entity vehicle has been inspected pursuant to Section 31-
708,and that the transportation network entity driver prearranged a trip through the transportation
network entity's digital platform;
(5) All documentation required to be provided or inspected under this Section may be provided or
inspected in electronic or paper form;
(6) A transportation network entity shall not block or otherwise interfere with the Department's ability
to access the transportation network entity's digital platform as a user in order to request a ride
from a transportation network entity driver to monitor compliance with the provisions of this article;
and
(7) Failure by a transportation network entity or a transportation network entity driver to comply with
the provisions of this Section may result in revocation or suspension of the transportation network
entity license.
(Ord.No. 16-42, § 3, 5-3-16)
Sec.31-706.-Fares and rates.
Transportation network entities may establish and charge fares for transportation services based on
distance traveled and/or time elapsed during service, a flat prearranged rate or a suggested donation. It
shall be unlawful for any transportation network entity or transportation network entity driver to charge,
demand, request, or accept any fare different from the rates established pursuant to this Section.
(Ord. No. 16-42, § 3, 5-3-16)
Sec.31-707.-Insurance requirements.
(a) All transportation network entities and drivers shall comply with all of the applicable insurance
provisions of State law. In addition, all transportation network entities shall provide supplemental
insurance for each transportation network entity driver and transportation network entity vehicle as
follows: the insurance limits that apply after a ride is prearranged until the last requesting rider exits
the vehicle shall be at least$125,000 per person for death or bodily injury; $250,000 per incident for
death or bodily injury; and $50,000 per incident for property damage; or a combined single limit of
$300,000 per incident for death, bodily injury, and property damage. All supplemental insurance
policies shall be issued by companies authorized to do business under the laws of the State of Florida
or by companies that meet the requirements of Section 626.913-626.937 of the Florida Statutes, 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 the A.M. Best Company, Oldwick, New Jersey, or its
equivalent subject to the approval of the County Risk Management Division.
(b) No transportation network entity vehicle shall be permitted to operate without the transportation
network entity or driver providing transportation network entity services having first obtained and filed
with the Department a certificate of insurance demonstrating compliance with Florida insurance laws.
Proof of insurance as required by this Section may be provided through a certificate that lists each
vehicle insured thereunder or through a blanket certification stating that all transportation network
entity vehicles comply with the insurance requirements required by subsection (a) Failure to provide
Page 15
current certificates of insurance or to maintain appropriate insurance coverage shall be grounds for
(c) The Department 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. A transportation network entity shall not be required to disclose
premium or rating information or other pricing data.
(Ord.No. 16-42, § 3, 5-3-16)
Sec.31-708.-Vehicle standards.
Transportation network entity vehicles operating in the County must meet the applicable Federal Motor
Vehicle Safety requirements in 49 C.F.R., Part 571, Florida Statutes, and the standards set forth in this
Section. Upon request, each transportation network entity and transportation network entity driver shall
cooperate with the Department to provide proof of inspection and compliance with the requirements of this
Section. Transportation network entity vehicles and drivers shall comply with the following requirements:
(a) Motor vehicles shall be kept clean and orderly during all times of active service;
(b) All accidents shall be reported immediately to the police;
(c) Motor vehicles shall not be operated if the top or interior lights or the headlights or taillights are
not functioning properly. Likewise, a motor vehicle shall not be driven unless the brakes, steering
mechanism, tires, horn, windshield wipers, and side and rearview mirrors are in good working
order;
(d) Advertising on any transportation network entity vehicle regulated by this article shall not obstruct
the driver's view and shall not obstruct the vehicle's lights. No vehicle shall have within it, or on
its exterior, any sign which encourages, advertises for, or otherwise solicits tips;
(e) All vehicles operating as transportation network vehicles under this article shall have an
inspection of the following components, which shall be demonstrated to be functional and meet
the safety standards designated by the manufacturer:
(1) Foot brakes;
(2) Emergency parking brake;
(3) Suspension/steering mechanism;
(4) Windshield;
(5) Rear window and other glass;
(6) Windshield wipers;
(7) Headlights;
(8) Taillights;
(9) Turn indicator lights;
(10) Brake lights;
(11) Front seat adjustment mechanism;
(12) Doors(open/close/lock);
(13) Horn;
(14) Speedometer;
(15) Bumpers;
(16) Muffler and exhaust system;
Page 16
(17) Condition of tires, including tread depth;
(18) Interior and exterior rear view mirrors; and
(19) Safety belts for drivers"and passengers.
(f) All transportation network entity vehicles shall be inspected to ensure compliance with the
requirements of this article by an American Advanced Technicians Institute ("AATI") or National
Institute for Automotive Service Excellence ("ASE") certified master mechanic, or certified
automobile technician at a licensed or state-registered auto repair shop.
The results of each inspection shall be recorded by the mechanic or automobile technician on an
inspection form prescribed by the Department, which completed form shall be provided to the
Department or the transportation network entity within ten(10)business days after the inspection.
If a driver registers with multiple transportation network entities, the driver may use the same
inspection form that the driver provided to the first transportation network entity with whom he or
she registered; provided that, the driver provides the form to the second transportation network
entity within ten (10) business days after registration. The inspection form shall indicate whether
the vehicle has met all of the safety and maintenance requirements of Section 31-708(e). At the
discretion of the Department,vehicle inspection forms from Broward, Palm Beach,or other Florida
counties may be submitted as proof of inspection in lieu of the form prescribed by the Department.
The technician completing the form and inspection must provide his or her ASE or MTI
certification number, the expiration date of his or her certification, the name and license or
registration number of the auto repair facility where the inspection was performed, and his or her
signature as verification that all information provided is true and correct.This information must be
recorded on the inspection form for each vehicle inspected. A transportation network entity shall
not authorize or shall suspend authorization of any driver whose vehicle fails an inspection or who
fails to timely report the results of an inspection of the transportation network entity vehicle until
the driver demonstrates that his or her vehicle has passed an inspection pursuant to this article.
It shall be a violation of this article to fail to use a certified technician to inspect vehicles, as
required under this section,or to submit false inspection forms to the Department or transportation
network entity. The Department may verify information and inspection forms submitted to the
Department by the driver or transportation network entity as provided in Section 31-705(i). Each
transportation network entity driver shall present and submit on demand a copy of the completed
inspection form which shall be in his or her vehicle. Any mechanic or technician who provides
false information on an inspection form required pursuant to this section shall not be allowed to
certify additional transportation network entity vehicles to be operated in Miami-Dade County. A
transportation network entity that fails or does not follow the requirements of this Section is subject
to revocation or suspension pursuant to Section 31-710 of its license. The Department shall
periodically distribute its list of prohibited mechanics to all licensed transportation network entities.
Any inspection conducted by a prohibited mechanic shall be deemed invalid.
(g) Every holder of a transportation network entity license and each driver authorized to operate by
a transportation network entity shall fully comply with all ordinances, rules, and regulations of
Miami-Dade County and all statutes of the State of Florida applicable to the operation of motor
vehicles and vehicle standards.
Transportation network entity vehicle age limits are as follows. No transportation network entity
vehicle shall have a"rebuilt"or"salvage"title and shall be no greater than ten (10) model years
of age. Any vehicle over ten (10) model years of age shall not be operated as a transportation
network entity vehicle. Transportation network entity vehicles shall be inspected annually.
Notwithstanding the foregoing, the Department and any other person authorized to enforce this
article pursuant to Section 31-709 may inspect a transportation network entity vehicle at any time
to confirm compliance with this Section. Upon notification by the Department, the transportation
network entity shall suspend the authorization of any driver whose vehicle fails an inspection until
the driver demonstrates that his or her vehicle has passed an inspection pursuant to this article.
(Ord.No. 16-42, § 3, 5-3-16)
Page 17
Sec.31-709.-Enforcement of article.
(a) This article shall be enforced by authorized personnel of the Department, the police forces of the
various municipalities in Miami-Dade County and by the Miami-Dade Police Department, and other
law enforcement officers as permitted by State law or this Code. 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 Department shall prepare and distribute to
all authorized enforcement personnel an enforcement manual outlining procedures for the detection,
reporting and issuance of citations or deficiency reports for violations of this article.
(b) The Department 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 in this article, 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) 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.
(Ord.No. 16-42, § 3, 5-3-16)
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 article, transportation network entity licenses shall be subject to
suspension or revocation by the Director as follows:
(1) Upon the Director's determination that:
(a) The transportation network entity license holder has pled nolo contendere, pled guilty, been
found guilty or been convicted(regardless of whether adjudication has been withheld)of any
criminal offense which would preclude the issuance of a transportation network entity license
as provided in this article;
(b) The transportation network entity license was obtained by an application in which any
material fact was omitted or falsely stated;
(c) The transportation network entity license holder has failed to comply with or has violated any
of the provisions of this article;
(d) The transportation network entity license renewal application does not comply with the
requirements of this article; or
(e) The transportation network entity has knowingly allowed or permitted any transportation
network entity vehicle to be operated, or transportation network entity driver to operate in
violation of this article.
(b) Notice of suspension or revocation action. Except where this article provides for automatic suspension
or revocation, the Department 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
Page 18
(b) Request an administrative hearing before a hearing officer to appeal the decision of the
Director.
(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 the
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 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
Department. No hearing shall be set sooner than fifteen (15)calendar days from 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 Department.
(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 Commission shall provide clerical and administrative personnel as may be
reasonably required by each hearing officer for the proper performance of his or her duties.
(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.
Page 19
(k) The hearing officer shall make findings of fact based on the evidence of record. In order to
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.
(I) 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 Directors
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 from the date of the hearing officers
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 is not 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 officers findings pursuant to this article. If the
decision of the hearing officer is to affirm, then all of the following shall be included in the
decision:
(a) Decision of the Director;
(b) Administrative costs of the hearing; and
(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 Police Department or by the hearing officers 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.
(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 Directors 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 the 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.
(Ord.No. 16-42, § 3, 5-3-16)
Sec.31-711.-Violations;penalties.
Page 20
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
or transportation network entity driver shall constitute a civil offense punishable by the applicable civil
penalty as provided in the schedule of civil penalties in Section 8CC-10 of the 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 or authorization to drive as a transportation network entity driver. If a transportation network entity
driver commits five(5)violations of the same section of this article during any twelve-month period and the
transportation network entity does not take adequate steps to address the violations after receiving notice
of such violations from the Department, the Department may, in its sole discretion, suspend or revoke the
transportation network entity license.
(Ord.No. 16-42, § 3, 5-3-16)
•
Sec.31-712.-Special provisions.
(a) The provisions of this chapter shall be the exclusive regulations applicable to the provision of and
operation of transportation network entity services 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.
(b) Any transportation network entity driver driving on a transportation network entity digital platform
licensed pursuant to this article shall be authorized to provide transportation of persons and their
baggage to and from the Port of Miami upon compliance with terms, conditions and fees, as
established by implementing order approved by the Commission; these terms and conditions may
include, but are not limited to, restrictions on areas where passengers may be picked up or dropped
off, where a vehicle may wait to pick up a passenger who has prearranged transportation services
prior to the transportation network entity vehicle entering the Port of Miami, or requirements that
vehicles picking up passengers at such locations be equipped with equipment sufficient to record all
transactions occurring at the Port of Miami. Any fee imposed by such implementing order shall be
supplemental to any fee imposed elsewhere in this article. Any transportation network entity driver
driving on a transportation network entity digital platform licensed pursuant to this article shall be
authorized to provide transportation of persons and their baggage to or from Miami International Airport
or any County General Aviation Airport in compliance with any fees established by implementing order
approved by the Commission, and with any terms and conditions specified in any operational directive
established by the Miami-Dade Aviation Department pursuant to Chapter 25 of the Code of Miami-
Dade County, which Operational Directives may include, but are not limited to, restrictions on areas
where passengers may be picked up or dropped off, where a vehicle may wait to pick up a passenger
who has prearranged transportation services prior to the transportation network entity vehicle entering
Miami International Airport or any County General Aviation Airport, or requirements that vehicles
picking up passengers at such locations be equipped with equipment sufficient to record all
transactions occurring at Miami International Airport. The transportation of persons and baggage to
and from Miami International Airport or to and from the Port of Miami shall constitute an agreement by
the transportation network entity that it will conform to such terms, conditions, and fees. Unless
specifically exempted herein, transportation network entity drivers and transportation network entities
shall comply with all applicable requirements of Chapter 25 of the Code of Miami-Dade County with
respect to activities at Miami International Airport. Notwithstanding any provision to the contrary in this
article, each transportation network entity driver, who is operating pursuant to a preliminary
transportation network entity license, and who picks up or drops off a passenger at Miami International
Airport,any General Aviation Airport or the Port of Miami shall comply with the applicable requirements
including, but not limited to, operational directives and the Port of Miami Tariff, and pay the fee
established for taxicabs until the County Commission adopts a superseding implementing order
establishing fees to be paid by transportation network entities.
(Ord. No. 16-42, § 3, 5-3-16)
Page 21
Sec.31-713.-Advertisement of services.
(a) No transportation network entity shall advertise a rate or fare other than a rate or fare permissible
under Section 31-706.
(b) No transportation network entity shall advertise transportation network entity services in a manner that
is false, deceptive or misleading including, but not limited to, representing the transportation network
entity service as taxicab service or any service other than prearranged.
(Ord.No. 16-42, § 3, 5-3-16)
Page 22
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s MEMORANDUM
DATE: October 25, 2016
): Ghislaine Johnson
Clerk of the Courts '
Code Enfoncement Division
111 NW 1 Street, Suite#1750
Miami, FL 33128 SUBJECT: Authorized Enforcement/PTRD
A\ . 0
FROM: Ivan J. Cotayo, `.-%
Passenger Tran , - ion Coordinator
Department of Transportation and Public Works
The Officers listed below have received a For-Hire Vehicle Enforcement Training and are authorized to pick up
and issue 8CC Uniform Civil Violation Notices for the Passenger Transportation Regulatory Division, Department
19: under subdivision 19B for the Miami Beach Police Department.
•
BADGESHIFT
NAME WORK. LOCATION PHONE# HOURS
NO
Sgt J.Rodriguez 768 1100 Washington Ave. 305-673-7776 Days
Officer Victor Palacios
1139 II II Afternoon
Officer J.Salabarria
1023 II II Days
Officer N.Guasto
848 II 11 Days
Officer K.Millan
141 11 11 Days
Officer M.Atwell
759 11 11 Days
Officer R.Rodriguez .
1064 n II Days
Officer J.Fernandez
1034 II p Varies
Officer R.Lester
753 II II Days
Officer J.Castillo
750 It II Days
Officer A.Chin
075 II II Days
Officer Emilio Garcia
745 II II Days
1141 II p Afternoon
Officer A.Rodriguez _
Sgt.S.Cosner
r 526 II p Midnights
Officer M.Pena
730 II II Days
Officer M.Valdez
758 II n Days
Officer A.Descalzo
1068 II II Days
-
Officer J.Suarez 1002 II II Days
1138 If II Afternoon
Officer P.Gonzalez _
- 1021 II II Days
Officer J.Vargas _
Officer E.Dominguez 041 11 Il Varies
Sgt.R.Martinez
754 Il II Afternoon
124 II II Days
Oficer R.Lonergan
Page 2 Authorized Enforcement!City of Miami Beach
1091 Days
Officer 0.Lopez 1100 Washington Ave. 305-673-7776
Dfficer A.Guzman
846 it II Days
Officer J.Vegoda
1017 II 1l Afternoons
Officer M.Otero
1130 H ll Midnights
Officer H.Guzman 1131 II
11 Midnights
Officer M.Victores
738 I! it Midnights
Officer S.De La Salas
773 II II Midnights
Officer K.Humphry
096 II
Il Midnights
Officer T.Callan
0100 II II Midnights
Officer J.Yero
1118 II II Midnights
Officer M.Nord
734 p II Afternoons
Lieutenant H.Chong
047 II p Days
Officer D.Cajuso
1138 II Il Midnights
You will be notified in advance if there are any changes.
C: Raul Gonzalez,Acting Division Chief
Enforcement Supervisors
MEMORANDUM
p: Gigi Johnson DATE: November 17, 2016
Clerk of the Courts
Code Enfoncement Division
111 NW 1 Street, Suite#1750
Miami, FL 33128 SUBJECT: Authorized Enforcement/Police
Officers
FROM: Ivan J. Cotayo,
�to
Passenger Transportation Coordinator.
DTPW—Passenger Transportation
Regulatory Division.
The Officers listed below have received a For-Hire Vehicle Enforcement Training and are authorized to pick up
and issue 8CC Uniform Civil Violation Notices for the Passenger Transportation Regulatory Division, Department
19: under subdivision 19B for the Miami Beach Police Department.
BADGESHIFT
NAME NO WORK LOCATION PHONE# HOURS •
Reginald Horton 889 Miami Beach Police 305-673-7900 10p-8a
Jossue Dominguez 1113 Miami Beach Police 305-673-7900 8p-6a
Jose Reina 755 Miami Beach Police 305-673-7900 8p-6a
Ryan Chin 1132 Miami Beach Police 305-673-7900 8p-6a
Suniel Castellanos 1133 Miami Beach Police 305-673-7900 8p-6a
Austin Taylor
1109 Miami Beach Police 305-673-7900 8p-6a
Alberto Castro 1053 Miami Beach Police 305-673-7900 8p-6a
Eugenio Abay 1111 Miami Beach Police 305-673-7900 8p-6a
You will be notified in advance if there are any changes.
Raul Gonzalez, Acting Division Chief, DTPW
Captain Ian Robinson, City of Miami Beach Police Department.
Exhibit C
Miami-Dade County, Florida, Code of Ordinances
PART III, CODE OF ORDINANCES
CHAPTER 8CC — CODE ENFORCEMENT
Copies to be provided with final document.
POLICE COPY
POLICE COPY-Chauffeur's Requirements
(TAXI-LIMO-PMC-STS-NE-PRIVATE SCHOOL BUSES ONLY)
Ref.# Code Section Description of Violation Civil
Penalty
Failure to obtain a chauffeur's registration.Fine shall be reduced to$50.00 if the person
875 31-303(a) issued the citation has held a valid Miami-Dade County chauffeur registration within the 1000
past six months.
876 31-303(i)(1) Failure to display a valid chauffeur's registration. 50
877 31-303(i)(2) Violation of solicitation prohibition. 75
878 31-303(i)(3) Violation of smoking while transporting passengers or sleeping in vehicle prohibition. 75
879 31-303(i)(4) Refusal to transport passenger,for first violation. 250
882 31-303(i)(5) Failure to maintain a neat appearance;or failure to meet dress standards. 25
883 31-3030)(6) Failure to maintain accurate,legible trip sheets or failure to provide trip sheets to CSD,
when requested. (Trip Sheet can be electronic) 25
(Overcharged) Failure for chauffeur to use established rates and/or collect,any other form
885 31-303(i)(7) of compensation for the use of a credit or debit card,unless approved by the County 250
Commission,or charge extra for baggage.
886 31-303(i)(8) Failure to offer fare receipt to paying passenger. 25
887 31-303(i)(9) Operating an unsafe vehicle. 75
888 31-303(1)(10) Violation of abusive language prohibition;or being discourteous to passengers or
enforcement personnel,or soliciting gratuities. 100
890 31-303(1)(12) Failure to notify CSD of change of address within ten(10)days of relocation. 25
891 31-303(i)(13) Failure to select most economical route to destination. 100
892 31-303(i)(14) Violation of passenger diversion prohibition,or accepting payment for passenger diversion. 250
893 31-303(i)(15) Failure to stop vehicle for inspection;or failure to allow authorized enforcers to inspect
vehicle. 50
894 31-303(i)(16) Failure to display off-duty sign. 50
895 31-303(i)(17) Failure to use air conditioner. 250
896 31-303(i)(18) Displaying an altered chauffeur's registration. 250
897 31-303(i)(19) Failure to sign and accept violation notice. 250
Vehicle operation with no valid operating permit and/or vehicle inspection displayed.Fine
898 31-303(i)(20) shall be reduced to$50.00 if valid operating permit or valid inspection decal is presented to 250
CSD within two(2)business days of citation issuance.
899 31-303(1)(21) Vehicle operation when displayed operating permit decal or vehicle inspection sticker
tampered or altered. 250
2139 31-303(i)(23) Refusal to transport passenger and service animal,for first violation. 500
941(j) 31-303(k) Chauffeur operating a for-hire vehicle with a suspended or revoked FLA.Drivers License. 50
900 31-304(1) Failure to operate with properly sealed and operating taximeter. 250
901 31-304(2) Chauffeur not in attendance of vehicle at the taxicab stand. 25
902 31-304(3) Failure to operate with a lit tell-tale light. 25
Taxicab ONLY- Additional Chauffeur Requirements: (Countywide)
>Open Door for Passengers;
4225 31-304(6)-(9) >Load and unload luggage,unless otherwise instructed by the passenger; 250
>Be prohibited from refusing to accept payment by a credit card if a credit card processing
cvctpm is rPnuirpd
4226 31-304(10) Failure to Discharge at Requested Location. 500
12/7/2016 1
POLICE COPY
Chapter 31 Article VII USER [ LYFT
Transportation Network Entities>(TNE)DRIVERS ONLY
Civil
Ref.# Code Section Description of Violation Penalty
rdi4u1C LU uULdiiI dULnUULdLUII LU ui IVC 11ul11 a LidnNFJul La LIUhI UCLWUIK enLLy. rine snail ue
•
4317 31-703(a) reduced to$50.00 if the person issued the citation had authorization within the past six(6) 1000
months.
4318 31-703(d)(1) Violation of solicitation prohibition. 75
4319 31-703(d)(2) Violation of smoking while transporting passengers prohibition. 75
4320 31-703(d)(3) Acceptance of additional passengers without consent. 250
4322 31-703(d)(4) Failure to maintain neat appearance. 25
4323 31-703(d)(5) Overcharging passenger. 250
4324 31-703(d)(6) Failure to provide receipt. 250
Violation of abusive language prohibition;or being discourteous to passengers or 100
4325 31-703(d)(7) enforcement personnel or soliciting gratuities.
4326 31-703(d)(8) Operating a vehicle while ability or alertness is impaired. 250
Failure to notify transportation network entity of address change within ten(10)days of 25
4327 31-703(d)(9) relocation.
4328 31-703(d)(10) Failure to select the most economical route to destination. 100
4329 31-703(d)(11) Violation of passenger diversion prohibition;or accepting payment for passenger diversion. 250
Failure to stop vehicle for inspection;or failure to allow authorized personnel to conduct an 50
4330 31-703(d)(12) inspection.
4331 31-703(d)(13) Failure to use air conditioner when required. 250
4332 31-703(d)(14) First violation-Refusal to transport passenger and service animal. 250
4333 31-703(d)(14) Subsequent violations-Refusal to transport passenger and service animal. 500
Operating a transportation network entity vehicle without that vehicle complying with 100
4334 31-703(d)(15) applicable vehicle standards.
4335 31-703(d)(16) Failure to comply with requirements regarding taxicab stands. 250
(PARKED ATA TAXICAB STAND)
4336 31-703(d)(17) Displaying the word(s)"taxicab","taxi"or"cab"on or in the vehicle. 250
Failure to comply with applicable requirements of Americans with Disabilities Act of 1990, 100
4337 31-703(d)(18) as amended.
Subsequent violations-Refusal to transport passengers on account of that person's race,
4339 31-703(d)(19) sex,religion,national origin,age,marital status,sexual orientation,gender identity or 500
expression,pregnancy,disability,color,or political affiliation.
Charge a higher fare or additional fee to a person who is disabled based on the person's 250
4340 31-703(d)(20) disability or use of support animal,wheelchair,or other mobility assistance device.
Failure to display consistent trade markings on the vehicle. 250
4342 31-705(a) (Not displaying the Company Trade Mark)
Picking up passengers other than by prearrangement through the transportation network 500
4344 31-705(c)
entity.
4345 31-705(d) Accepting or soliciting street hails. 500
4357 31-708(a) Failure to keep vehicle clean and orderly. 25
Violation of advertising requirements. 25
4360 31-708(d) a tipjar or signage encoranging tipinside vehicle.)
9 9 )
4361 31-708(e) Operating a transportation network entity vehicle without having passed inspection. 250
12/7/2016 2
POLICE COPY
Chapter 31.Article VII UBER LYFT
Transportation Network Entities(TNE)DRIVERS ONLY.
Ref.# Code Section Description of Violation Civil
4362 31-708(f)
Failure to comply with vehicle inspection requirements. Penalty
(Not using a Certified Mechanic and or not producing a vehicle inspection on demand) 1000
4367 Other Ch.31- Operating a TNE vehicle without a current State of Florida Driver's license.
31-703(b)(1) (Exception Military and Students) 250
4367 Other Ch.31-
31-703(6)(2) Unable to communicate in the English language.
250
4367 Other Ch.31-
31-709(c) Failure to sign and accept citation.
250
Chapter 31-Article I. IN GENERAL-(ALL INDUSTRY)
1203 31-68 Solicitation of passenger patronage on behalf of business establishment.
500
1204 31-69 Diverting a prospective patron of a business establishment.
500
1205 31-70 Paying for patronage.
500
1206 31-71 Accepting pay for patronage.
500
1207 31-73 Providing or accepting compensation to divert passengers from designated businesses. 500
1208
31-76(a) Providing compensation for the right to pick up passengers. (All industry-General) 1000
1208(a)
750
1209
31-76(b) Accepting compensation for right to pick up passengers. (All industry-General) 1000
1209(a)
750
Causing or permitting others to use,drive or operate a vehicle to transport passengers for
4384 31-77(1) compensation without license or certification.
(UNLICENSED FOR-HIRE VEHICLE) 1000
4385 3i_77'2) Operate a vehicle to transport passengers for compensation without registration or
credential.(UNLICENSED FOR-HIRE CHAUFFEUR) 1000
Chapter 31. Article II (TAXICABS)
Advertising or permitting operations without a valid,current for-hire license.
1075 31-82(a) (UNLICENSED TAXICAB)BROWARD AND OR PALM BEACH TAXIS PICKING UP IN MIAMI-DADE 1000
COUNTY)
941(a) 31-85(b) More than number specified at the stand and/o r Jumping the line.
(OVERCROWDING THE TAXICAB STAND AND OR JUMPING THE LINE) 100
Failure to operate with a taximeter or a credit card processing system meeting
1089 31-86(a) requirements of the Code.
200
(USING A SQUARE AND ANY OTHER DEVICE NOT APPROVED BY MIAMI-DADE)
All othe ch.31
1115 art II vio. Failure to engage meter prior to departing. (all rates,including flat fares must be
(31-86(f) programmed into the meter and the meter must be engaged prior to departing.) 50
941(d) 31-93(b) Arts Blue cab traveling outside of the designated zone.
100
1291 31-307(i) Failure to comply with prearrangement requirements. (Working on demand.) 250
1292 31-602(a) Advertising or permitting operations without a valid,current for-hire license.
(UNLICENSED LIMO WORKING IN MIAMI-DADE) 1000
Failure to comply with out of county origin exceptions(Driver)
1293(a) 31-602(b) (OUT OF COUNTY LIMO WITH NO VALID PERMIT AND OR UNLICENSED CHAUFFEUR FROM 1000
12/7/2014 COUNTY OF ORIGIN)
3
POLICE COPY
Chapter 30.Private School Bus Regulations.
Civil
Ref.# Code Section I Description of Violation Penalty
2154 30-370.1 Day care center transporting children without child safety alarm device.
200
940(a) Transporting more children than seating capacity of vehicle allows(every bus with a seating 50
Other 30-371(d) capacity of more than 24 pupils.
Chp.30
940(b) 30-372(2)(a) School bus with deficient or without required safety equipment. 50
940(c) 30-372(2)(b) School bus operating without valid insurance.
50
Transporting more children than seating capacity of vehicle allows(every bus with a seating 50
940(a) 30-372(2)(c) capacity of less than 24 pupils.
• 4
12/7/2016
Exhibit D
Administrative Order
MIAMI-DAft
Administrative Order No.:2-5
11;
Ordered:7/25/2000 Effective:8/4/2000
AUTHORITY:
Section 4.02 of the Miami-Dade County'Home Rule Amendment and Charter, and
Chapter BCC,Code of Miami-Dade County:
SUPERSEDES:
This Administrative Order supersedes Administrative Order 2-5 ordered May 25,
1999,and effective June 4, 1999.
POLICY:
It shall be the policy of Miami-Dade County to foster compliance with the ordinances
passed by the Board of County Commissioners, as embodied in the Code of Miami-
Dade County (hereinafter referred to as the "Code"-) by encouraging its Code
Inspectors to utilize available enforcement mechanisms, including the issuance of
Uniform Civil Violation Notices ("CVNs"),to attain this goal. It shall also be the policy
of Miami-Dade County to recover enforcement fines levied, administrative hearing
and enforcement costs incurred by the departments involved in code enforcement
activities, and accrued interest by utilizing administrative settlement and lien
procedures.
ENFORCEMENT PROCEDURE FOR MUNICIPALITIES: •
Municipalities within Miami-Dade County shall be entitled to utilize the applicable
provisions of Chapter 8CC within their municipal boundaries by entering into an
interlocal agreement with Miami-Dade County which shall contain, at a minimum,the
following:
1. The section or sections of the Code as listed in Section 8CC-10, which the
municipality wishes to enforce through this chapter.
2. The job title of the agents or employees of the municipality authorized to perform
the enforcement functions and the number of agents or employees so authorized.
3. The amount reimbursable to Miami-Dade County for administrative costs relating
• to the conduct of hearings on appeals from CVNs issued by the municipality,
including, but not limited to, attorneys fees and costs, costs of transcription and
• clerical costs.
4. The amount of revenue reimbursable to the municipality from any fine collected
pursuant to the issuance of a CVN.
5. An agreement to indemnify and save the County harmless from and against any
and all liability, actions and cause of action relating to the municipality's utilization
of the provisions of Chapter 8CC and the Code of Miami-Dade County, if
applicable.
6. A term not to exceed three years.
•
The County reserves the right to set minimum education, training and background
check requirements to be met by municipal employees or agents enforcing the
Code. Furthermore, the County shall provide oversight and auditing authority in
order to withdraw delegation if it is determined that the municipality is improperly
enforcing the code.
Any appeals to the Circuit Court or beyond from CVNs issued by a municipality shall •
be handled by that municipality and its legal staff.
HEARING OFFICERS:
Passage of Ordinance No. 85-33 created and established a code enforcement
position to be filled by Hearing Officers. The County Manager, or his designee, shall
prepare and submit for ratification to the Clerk of the Board of County Commissioners
a list of qualified candidates nominated for appointment as Hearing Officers pursuant
to the provisions of Section 8CC-2 of the Code. Compensation for Hearing Officers
shall be$50.00 per hour up to a maximum of$400.00 per day.
DEPARTMENTS' RESPONSIBILITIES:
Code Enforcement department directors, or their designees, shall be responsible for
the following:
1. Prior to being provided the authority to initiate enforcement proceedings under
Section 8CC-3(a)of the Code, a Code Inspector shall be required to successfully
complete a "Triple I"criminal background check,which shall be conducted by the
Miami-Dade Police Department at the request of Code Enforcement
departments. This background investigation, which consists of a complete
computer search of nationwide law enforcement databases, shall include a
review of Federal, State and local criminal activity. In addition, driving records
.shall be reviewed as a part of the initial criminal background check and
subsequently on an annual basis. Existing Code Inspectors shall be subject to
annual driving record checks and shall be provided with notification of this
requirement prior to implementation of this Administrative Order. The "Triple I"
background check requirements shall be included in all Code Inspector job
announcements. Municipal employees shall also be required to successfully
complete a "Triple I"background investigation prior to being provided authority
to initiate enforcement proceedings under Chapter 8CC of the Code.
2. Code Inspectors shall enforce the ordinances listed in Section 8CC-1O of the
Code within the jurisdiction of their respective departments.,
3. Upon issuance of a CVN to a violator,a completed copy of the CVN must be sent
to Code Enforcement, County Clerk Division.
4. All original civil penalty payments, continuing civil penalty payments and
administrative hearing costs imposed pursuant to the provisions of Chapter 8CC
shall be remitted directly to Code Enforcement, County Clerk Division, with a
check made payable to the Clerk of the Circuit and County Courts unless the
case is the subject of a settlement agreement.
5. For any CVN issued in which a date of correction has been given, or for any
case in which a Hearing Officer has set a date of correction (see Sec. 8CC-4(f)
of the Code), a Code Inspector must prepare an Affidavit of Compliance or Non-
Compliance as appropriate and send a copy to Code Enforcement, County Clerk •
Division. The Affidavit must indicate whether the violation has been corrected by
the date of correction set forth in the GVN or by the Hearing Officer; and, if it has
not, the Affidavit must so reflect and must set forth a request that the Hearing
Officer issue an Order finding the violator guilty of a continuing violation, if
applicable, imposing continuing violation penalties to be effective beginning on
the original date of correction and ending at a specified date, and setting forth the .
total amount of penalties and costs to be paid by the violator.
6. Departments shall be authorized to sign agreements settling civil penalties and
liens for amounts less than the maximum continuing penalty, costs and accrued
interest. Such agreements shall contain the justification for settlement; the CVN •
number; the original penalty amount; the settlement amount; the amount
collected (indicating full payment or partial payment); and, the signature of the
department director, or designee, with notification to Code Enforcement, County
Clerk Division. If any penalties have been made the subject of court actions,
settlements must also include an approval from the County Attorney's Office, as
applicable. Unless otherwise specifically provided in the Code, the department
will require the violator to remit the original amount of the ticket and any
administrative hearing costs imposed by the Hearing Officer to Code
Enforcement. County Clerk Division and will collect the remainder of the
settlement amount directly. The departments shall provide to Code Enforcement,
County Clerk Division a written settlement form which includes the following
information: CVN number, settlement amount, amount received, date received,
and record of collection number. If the settlement is based upon installment
payments, the department shall provide the foregoing information for each
payment until satisfaction of the agreement.
7. Whenever a violator has corrected a violation but failed to pay the civil penalty, or •
has failed to correct the violation and pay the civil penalty, or has paid the civil
penalty but failed to correct the violation, the departments shall notify the violator
of Miami-Dade County's intent to file a lien against the violators real or personal
property. The Notice of Intent to Lien shall offer the violator an opportunity within
a specified time period to avoid placement of the lien by executing a settlement
agreement which provides for correction of the violation, payment of the original
amount of the CVN, payment of continuing penalties, payment of administrative
hearing costs where applicable, payment of all enforcement costs incurred by the
department and accrued interest. A copy of the Notice of intent to Lien shall be
sent to mortgage holders and may be sent to insurance carriers, credit bureaus
and any other parties holding a legal, equitable or beneficial interest in the
property.
8. A lien shall be placed on a violator's real or personal property except as provided
for herein, if the violator does not respond within the prescribed time period to the
Notice of Intent to Lien by correcting the violations and paying all penalties,costs
and interest due or executing a settlement agreement and complying with said
agreement. The lien document shall make specific reference to the Civil violation
notice number and the issuing department. The lien shall be recorded in the
public records of Miami-Dade County and Code Enforcement, County Clerk
Division, shall be notified of same.
9. Departments may offer a payment plan in negotiating settlements prior to or
after placement of liens upon written request of the violator and establishment of
economic need. In order to insure the department's ability to collect all civil
penalties, administrative hearing and enforcement costs and interest due,
departments are required to file a lien where possible whenever the violator
enters into a payment plan in response to a Notice of Intent to Lien.
10. Upon placement of a lien against real or personal properties, the
individual or business entity holding a mortgage on the property and credit
bureaus shall be notified of the lien placement by the department. The
department may notify insurance carriers and other parties holding a legal,
equitable or beneficial interest in the property of the placement of the lien.
11. The department may initiate collection proceedings including, but not limited to,
referral to collection agencies and filing of civil suits as warranted in an effort to
recover monies owed Miami-Dade County resulting from the issuance of CVNs.
12. For any lien placed against real property pursuant to Chapter BCC or other •
provisions of the Code which remains unsatisfied one year from the date of
recordation of the lien, the departments shall notify the Office of the County
Attorney and request mailing of a Notice of Intent to Foreclose. it shall be the
responsibility of the County Attorney to initiate foreclosure actions in Circuit Court
on non-homestead properties where foreclosure of the property is In the best
interest of Miami-Dade County.
13. Upon final payment under a settlement agreement or full payment of a lien, all
accrued interest and the costs of lien recordation and satisfaction, the •
departments shall record a Satisfaction of Lien in the Miami-Dade County public
records. The Satisfaction of Lien document shall make specific reference to the
civil violation notice number and the issuing department.
CODE ENFORCEMENT, COUNTY CLERK DIVISION
RESPONSIBILITIES:
Code Enforcement, County Clerk Division shall be responsible for the following:
1. Upon receipt of a CVN,a letter will be issued to the violator indicating the amount
of the civil penalty and the date by which the penalty is to be paid, advising the
violator the date by which the violation must be corrected (if applicable), and
providing the deadline date to request an administrative hearing in writing, to
appeal the issuance of the CVN.
2. If payment has not been received for a Civil Violation Notice and/or the violation
of the Code Section has not been corrected, a second letter will be issued to the
violator (where no timely appeal has been filed), indicating the civil penalty,
accrued penalty, and the total amount due within 30 days. The violator is further
advised that if payment is not received or the violation is not corrected within 30
days, a lien shall be placed against the violator's real or personal property.
3. When an appeal has been filed and the Hearing Officer finds the violator guilty at
the Administrative Hearing, a letter shall be sent to the violator ordering
correction of the violation (if applicable) and requiring payment of the civil
•
penalty, hearing administrative costs, enforcement costs, accrued penalties, and
the total amount to be paid. The violator is further advised that if payment is not
received or the violation is not corrected within 30 days, a lien shall be placed
against the violator's real and personal property. To appeal a Hearing Officer's
Final Order, a Notice of Appeal must be filed in the Circuit Court within the time
provided by the Florida Rules of Appellate Procedure.
4. If within five days prior to the hearing date a violator requests in writing that a
hearing be rescheduled. Code Enforcement. County Clerk Division. will
•
automatically advise the department in writing. The affected department will then
either agree or object to the continuance request.
5. Upon receipt of the Mandate from the Circuit Court, pertaining to an appeal of a
Hearing Officer's Final Order, where the County is the prevailing party, a letter
will be issued to the violator indicating the amount of the civil penalty,
• administrative costs,and enforcement costs'are due and payable within ten (10)
days. The violator is further advised that if payment is not received or the
• violation is not corrected within ten (10) days, a lien shall be placed against the
violator's real or personal property.
6. When appropriate, a Satisfaction of Lien will be filed in the Miami-Dade County
public records. •
7. Management information reports will be generated monthly for distribution,
sequenced by department and badge number, indicating citations paid, citations
complied with, and citations not complied with.
8. A report will be generated on an annual basis, by department, detailing
outstanding violations for the previous year.
9. A report.will be generated, and distributed for each department., providing the
estimated cost reimbursement deduction on an ongoing basis.
DEPARTMENT SUPPLEMENTAL COSTS:
Department supplemental costs shall mean certain administrative costs incurred by
using departments while processing continuing violations and levying liens and
expenses incurred in collection efforts. Department supplemental costs are not
provided for under Chapter 8CC and can only be levied or collected if authorized by
other statutory Code provisions, administrative order or County Commission
approval.
ADMINISTRATIVE REIMBURSEMENT:
In order to cover the actual administrative expenses incurred by the County Clerk
Division in supporting the Code Enforcement system, the County Clerk shall retain all
original fines and administrative hearing costs assessed by a Hearing Officer. After
deduction of actual administrative expenses, the County Clerk, with concurrence of
the Budget Director,shall annually return to non-general fund issuing departments on
a prorated basis the remainder of retained original fines. The continuing penalties,
enforcement costs and department supplemental costs collected which are not the
result of a settlement agreement shall be distributed to non-general fund issuing
departments on a quarterly basis.
CLOSURE OF CASES:
Cases may be closed In the following circumstances:
1. Where the civil penalty is paid and the violation corrected (if applicable).
2. Were the department has settled with the violator, pursuant to this Administrative
Order.
• 3. Were the department voids the CVN.
4. Were the Hearing Officer finds the named violator not guilty and no appeal is
taken by the County or issuing municipality.
5. Where there is a final settlement,judgment, order or other resolution of a case by
a court of competent jurisdiction.
This Administrative Order is hereby submitted to the Board of County Commissioners
of Miami-Dade County, Florida.
M. R. Stierheim
County Manager
•
Department of Transportation and Public Works
MIAMI-DA EE Passenger Transportation Regulatory Division
COUNTY 601 NW is`Court, 18th Floor
Miami, Florida 33136
miamidade.gov Tel(786)469-2300 Fax(786)469-2313
May 11, 2017
Mr. Jimmy Morales, City Manager
City of Miami Beach
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
Dear Mr. Morales:
Enclosed is a fully executed copy of an Interlocal Agreement between Miami-Dade County
and the City of Miami Beach relating to the enforcement of for-hire chauffeur regulations. We
are very pleased to be working with members of the City of Miami Beach Police Department.
Please do not hesitate to contact me in the event you have questions or concerns relating to
this agreement.
Sincerely,
r
Aul \G•
Acting Di ' ion Ch -f
C: Daniel J. Oates, Chief of Police, City of Miami Beach Police Department
Ivan J. Cotayo, Passenger Transportation Coordinator, DTPW