20140730 AM2MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Gonvention Center Drive
July 30, 2014
Mayor Philip Levine
Vice-Mayor Michael Grieco
Com missioner Joy Malakoff
Com missioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Com missioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Vrsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions
regarding the provisions of the Ordinance should be directed to the Office of the City Attorney.
ADDENDUM AGENDA
G7 - Resolutions
C7H A Resolution Urging The FederalTrade Commission To Review Pending Legislation Before The
Miami-Dade County Board Of County Commissioners Regarding The Regulation Of
Transportation Network Entities And To Provide lts Comments Thereon With Regard To Fair
Competition And Consumer Protection.
(Requested by Mayor Philip Levine)
(Legislative Tracking: City Attorney's Office)
C7l Resolution Urging All Businesses And Restaurants ln The City Of Miami Beach, That Are Not
Otheruuise Subject To The Provisions ln Ordinance No. 2014-3884, To Voluntarily Discontinue
The Use And Sale Of Expanded Polystyrene Food Service Articles.
(Requested by Vice-Mayor Michael Grieco)
1
Addendum Material, July 30, 2014
R9 - New Business/Commission Requests
RgE Discussion Regarding Penn 17, LLC Located At 1661 Pennsylvania Avenue, Addressing Their Lease
Agreement And A Possible Adjustment To The Rent Schedule, The City Of Miami Beach ls The
Landlord On The Lease.
(Requested by Vice-Mayor Michael Grieco)
2
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OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CIry MANAGER JIMMY MORALES
DATE: July 30, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FEDERAL TRADE COMMISSION TO REVIEW PENDING
LEGISLATION BEFORE THE MIAMI.DADE COUNTY BOARDOF COUNTY COMMISSIONERS REGARDING THE
REGULATION OF TRANSPORTATION NETWORK ENTITIES
AND TO PROVIDE ITS COMMENTS THEREON WITH REGARD
TO FAIR COMPETITION AND CONSUMER PROTECTION.
Pursuant to Mayor Philip Levine's request, the attached Resolution is submitted for
consideration by the City Commission.
RJA/DT/NK
COMMISSION MEMORANDUM
FRoM: GITY ATToRNEY RAUL J. AGUILE& 0,,*
Agenda ttem CJH
oate -7-30-lv
F:\ATTO\$ALL\Nick\Digital Dispatch\FTC Resolution Memo.docx
3
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, URGING THE FEDERAL TRADE
COMMISSION TO REVIEW PENDING LEGISLATION BEFORE THE
MIAMI.DADE COUNry BOARD OF COUNry GOMMISSIONERS
REGARDING THE REGULATION OF TRANSPORTATION NETWORK
ENTITIES AND TO PROVIDE lTS COMMENTS THEREON WITH
REGARD TO FAIR COMPETITION AND CONSUMER PROTECTION.
WHEREAS, in recent years, the for-hlre transportation industry has been revolutionized
by companies such as Uber and Lyft, which provide digital on-demand car services; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach believe that
enhanced technologies for digital on-demand car services should be adopted in our community
because such advances would not only elevate for-hire transportation services in Miami-Dade
County to world-class standards, but would also result in the creation of significant job
opportunities for the residents of Miami-Dade County in the for-hire transportation industry; and
WHEREAS, on January 15, 2014, the Mayor and City Commission of the City of Miami
Beach adopted Resolution No. 2014-28466, urging the Miami-Dade County Board of County
Commissioners to adopt legislation that would expand opportunities for digital dispatch
providers of for-hire transportation services in Miami-Dade County; and
WHEREAS, according to the Greater Miami Convention and Visitors Bureau, there were
14.2 million overnight visitors in Miami-Dade County in 2013 and Miami Beach was the most
popular place to stay in Greater Miami; and
WHEREAS, as a world renowned tourist destination and preeminent residential
community, the City of Miami Beach, as well as all of Miami-Dade County, would benefit
significantly from comprehensive and meaningful reforms to improve the local for-hire
transportation industry; and
WHEREAS, on July 15, 2014, the Miami-Dade County Board of County Commissioners
passed on first reading, and referred to the Transportation and Aviation Committee to be heard
on August 27, 2014, proposed legislation that would regulate transportation network entities
(See County Legislative ltem No. 141586/Agenda ltem 48-July 15,2014, attached as Exhibit
"A"); and
WHEREAS, as part of its advocacy for policies that promote competition and consumer
protection, the Federal Trade Commission has previously opined on proposed legislation
regulating transportation network entities in Chicago, the District of Columbia, and in Colorado;
and
WHEREAS, in the interests of fair competition and consumer protection, it would be
advantageous to the citizens and visitors of the City of Miami Beach and Miami-Dade County for
the FederalTrade Commission to provide comments on the proposed County legislation.
4
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby urge the Federal Trade Commission to review County Legislative ltem No.
141586/Agenda ltem 48 - July 15,2014 and to provide its comments thereon with regard to fair
competition and consumer protection in Miami-Dade County.
PASSED AND ADOPTED this 30th day of Ju|y,2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
F :\ATTO\$ALL\N ick\Digital Dispatch\FTC Reso. docx APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\LqUq--ffi'
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5
MEMORANDUVI
EKhibi+ A
Agenda Item No. 4(B)
TO:
FROM: R. A, Cuevas, Jr.
County Attorney
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
DATE:July 15,2014
SUBJECT: Ordinance relating to For-hire
Motor Vehicles amending
Chapter 31, Aticle V of the
Code relating to Chauffeurs
The accompanying ordinance was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Esteban L. Bovo, Jr.
RAC/cp
R. A. Cueries. Jr.
6
RAEEgORANffiUTE
@evisetl)
T'O:Honorable Chairwoman Rebeca S osa
and Members, Board of County Commissioners
DATE: July L5,- 2Ol4
SIIB.IECT: AgendaItemNo. 4(B)
q_- _-_*t
Yxil:-'\
FR.OM: R. A. CuBvas, Jr. 'i1
CountyAttorney
Flease note any items checked.
"3-D&y R.ule" for commiftees applicable if raised
6 weeks required between first reading and public hearing
4 weeks noffication to municipal offieiatrs required prior to putrlic
hearing
Becreases revenues or increases expenditures without batrancing hudget
Eutlget required
Staiement of fiscal impact requirecl
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majorityvofe (i.e.,213's ---",3/5's , unanimous ) to approve
Current inI'ormation regal'ding funding source, index code and available
balance, and available capacify (if deht is contemplated) required
!,
7
Approved
Veto
Ovenide
Mavor Agenda Item No. 4(B)
7-t5-14
ORpTNANCE NO.
ORDINANCE RELATING TO FOR-HIRE MOTOR VEHICLES;
AMENDING C}IAPTER 31, ARTICLE V OF THE CODE OF
MIAMI-DADE COLINTY, FLORIDA, RELATING TO
C}IAUFFEURS; AMENDING DEFIMTIONS AND
REQUIRING THAT TRANSPORTATION NETWORK ENTITY
FOR-HIRE VEHICLE DRTVERS OBTAIN A CI{AUFFEUR'S
REGISTRATION AND COMPLY WITH THE
REQUIREMENTS TIIEREIN; CREATING CI]APTER 37,
ARTICLE VII OF THE CODE REGULATING
TRANSPORTATION NETWORK ENTITIES, CI{AUFFEI'RS
AND VEHICLES; PROMDING FOR DEFINITIONS,
LICENSING AND REGULATION OF TRANSPORTATION
NETWORK ENTITIES; PROHIBITING TRANSFER OF
TRANSPORTATION NETWORK ENTITY LICENSES;
REQUIRING TI{AT DRIVERS OF TRANSPORTATION
NETWORK ENTITY VEHICLES OBTAIN A CHATIFFEUR'S
REGISTRATION; PROVIDING FOR DUTIES OF
REGULATORY AND ECONOMIC RESOURCES
DEPARTMENT; PROVIDING FOR RULES OF OPERATION;
PROVIDING THAT TRANSPORTATION NETWORK
ENTITIES MAY DETERMINE RATES AND FARES;
ESTABLISHING INSURANCE REQUIREMENTS AND
VEHICLE STANDARDS; PROVIDING FOR ENFORCEMENT,
SUSPENSION, REVOCATION AND PENALTIES;
AMENDING CTIAPTER 8CC OF THE CODE TO PROVIDE
FOR PENALTIES; PROVIDING FOR SEVERABILITY,
INCLUSION IN TI{E CODE, AND AN EFFECTTVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF'
MIAMr-DADE COUNTY, FLORIDA:
Section 1. Chapter 31, Article V of the Code of Miami-Dade County, Florida, is
hereby amended as follows:
CHAPTER 31. VEItrCLES FOR HIRE
Article Y. General Requirements
-^
@!'
8
Agenda ltern No. 4(B)
PageZ
Sec. 31-301. Applicability.
AII general requirements contained in this article ale applicable to
chauffeur applicants and chauffeurs for nonemergency medical
transportation regulated under Chapter 4, Article HI, private school
buses regulated under Chapter 30, Section 377 and 372, taxicabs
regulated under Chapter 31, Article II, Passenger Motor Carriers
regulated under Chapter 31, Article III, and special transportation
service regulated under Chapter 37, Article IV ttaadll
>1<<limousines regulated under Chapter 31, Article VI >>and
transportation ngtwork entitv for-hire vehicles regulated undei
Sec. 31-302. Definitions.
For purposes of this article the following definitions shall apply:
(") >>RER<< tt#ll means the Miami-Dade County
tt l >>Regulatory and
Economiq _Resources Depafiment or successor
dgpartment.<<
(b)For-hire company means an entity which is registered with
the [[ ]>>Begsk&ry--aId
Econgmic Resources Department<<, which shall minimally
provide a color scheme, including the trade name, customer
lost and found services and a system for handling customer
complaints satisfactory to the RER. A for-hire company
may arnong other things also provide communication
services, contract services to chauffeurs and contract
services for for-hire license holders.
For-hire passenger motor vehicle ot 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:
(c)
Taxicab
Limousine
I Words stricken tlrough an#or fidouble bracketed]] shali be deleted. Words underscored and/or
>>double arrowed<< constitute the amendment proposed. Remaining provisions ale now in
effect and remain unchanged.
(D
(ii)
4
9
Agenda Item No. 4(B)
Page 3
(iii) Passenger motor carrier vehicie
(iv) Non-emergencymedicaltransportationvehicle
(v)
(vi)
Private school bus
Special transportation service vehicle
>>(v[i) Transportation netwolk entity _ f_or-hire vehicle<<
which ongages in the transpodation 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 ofdecedents and persons
participating in fi.rneral services, vehicles used solely to
provide free transportation services for customers of the
business establishment or,vning said vehicles, and rental or
leased vehicles which lental or lease does not include a
chauffew; provided, however, that no vehicle excluded
under this definition shall be used on a for-hire basis except
as authorized by this chapter.
Sec. 31-303. Chauffeur's registration; all types.
It shall be unlawfirl fol any person to dlive any for-hire
vehicle over any street in Miami-Dade County without first
having obtained a chauffeur's registration from the
[[CSD]I>>BER<< pursuant to this section.
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-
reflurdable payment of a renewal fee. Registration
applications whether initial or for a renewal shall contain
all infonnation lequired by this chapter.
(a)
(b)
5
10
Agenda Item No. 4(B)
Page 4
(")
(d)
The [[CSD]I>>RER<< and tlr.e Miami-Dade Police
Department shall investigate each applicant and report all
findings. The [[CSD]I>>BEB<<> or any authorized agent,
shall examine each applicant to determine his or her
knowledge of the English language, Miami-Dade County
geography, traffi c regulations and chauffeur responsibilities
as contained in this chapter.
The [[€SD]]>>RER<< may issue a chauffew's
registration, for such periods as presclibed witliin the
administrative order establishing the fees when it is shown
that the initial or renewal applicant:
I{olds a current, valid State of Florida driver's
license ofthe class requiled for the type offor-hire
vehicle to be operated;
Has taken a one (1) day course in one (1) location,
as directed bV ttCSDll>>RER<<, which will ensule
that the applicant is able to speak, read and write the
English language su{ficient1y to perform the duties
of a chauffeur; and passes the required
[[CSD]I>>RER<< oral and written exam
demonstrating his or her knowledge of the English
language, Miami-Dade County geography, traffic
regulations, defensive driving techniques and
chauffeur responsibilities. Notwithstanding the
foregoing, chauffeurs who have held a chauffew's
legistration issued by Miami-Dade County for
twenty or more yeals and have not violated a
vehicle or chauffeur standard on two or more
occasions within the preceding five (5) years, shall
be exempt fi'om the requirements of this paragraph
(2). Further, chauffeurs who, as of the effective date
of this ordinance, have held a chauffeur's
regish'ation issued by Miami-Dade County for
twenty or more years shal1 be exempt from the
requirements of this paragraph (2). The provisions
of this paragraph (2) shall not apply to initial or
(1)
(2)
11
(3)
Agenda Item No. 4(B)
Page 5
renewal private school bus chauffeur applicants
except as provided in Section 31-306. In addition,
the provisions of this paragraph (2) sha11 not apply
to initial or renewal fixed route or jitney service
chauffeur applicants except as provided in Section
3 1-309.
Completes a physical examination within the most
recent twelve-month period (including any drug test
required by the CSD Director pulsuant to authority
of subsection (i) by a licensed physician oI
advanced registered nurse practitioner showing the
applicant to be free from any physical or mental
defect and to be of sound health;
Is eighteen (18) years ofage or older;
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 ofothers;
Certifies under oath that he or she is free flom any
physical or mental defect or disease that would
constitute a direct tlu'eat to the property or safety of
others or would impair his or her ability to drive a
for-hire vehicle;
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]P>RER<< if in the most
recent two-year period, said renewal applicant has
been found guilty, or pled guilty or nolo contendere
to two (2) or more moving violations.
(4)
(s)
(6)
(7)
No person shall be issued a chauffeur's registlation who:
Fails the physical examination or any drug tesl
required by subsection (dX3);
(e)
(1)
?
12
Agenda Item No. 4(B)
Page 6
Q)
(3)
Is an individual who is not duly autholized to work
by the immigration laws or the Attorney General of
the United States;
Is a user of alcohol or drugs whose curent use
would constitute a direct threat to property or the
safety of others;
Falsifies his or her application, is found cheating on
any exam, or has altered any chauffeur registration
such an applicant sha1l not be eligible to re-apply
for one (1) year;
Has within the last five (5) years pled nolo
contendere, pled guilty, been found guilty or been
convicted of a felony, unless his or her civil or
residency rights have been restored;
Has pled nolo contendere, pled guilty, been found
guilty, or been convicted, regardless of whether
adjudication has been withheld, of any criminal
offense involving moral tuipitude relating to sex
crimes, the use of a deadly weapon, homicide,
violent offlense against a law enforcement officer
under Section 775.0823, Florida Statutes, or is a
habitual violent felony offender under Section
7 7 5.084, Florida Statutes;
I{as been convicted of an offense involving moral
turpitude not relating to sex crimes when, in the
discretion of the [[GSD]I>>RER<< Director,
approval of such registration would constitute a
threat to health, welfare or safety of the public or
property and therefore would not be in the public's
interest;
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
(4)
(s)
(6)
(7)
g
(8)
13
Agenda Item No. 4(B)
PageT
gurlty or been convicted (regardless of whether
adjudication has been withheld) of:
(i)
(ii)
Driving under the influence of drugs or
intoxicating liquors (D.U.I.);
Three (3) or more toaffic infractions
resuiting in accidents;
Fleeing the scene of any accident, or
Vehicular manslaughter or any death
resulting from driving;
(ii)
(iv)
(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-fow {2$ 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
otfender in accordance with Section 322.264,
Florida Statutes, as amended or other applicable
State law.
(11) I{as 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
3
14
Agenda Item No. 4(B)
Page 8
person shal1 only be eligible if and when his ol her
civil or residency rights have been rcstored.
(0 The director of the [[€SD]I>>RER<< may issue a
temporary chauffeur's registoation 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:
Has pled nolo contendere, pled gurlty, 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 7?5.0823' Florida Statutes, or is a habitual felony
offender or a habitual violent felony
offender urder Section 775.084 Florida
Statutes; or
(1)
b.Any crime wherein a for-hire vehicle
employed; or
The crime of assault or battery on
cotrnty code enforcement personnel.
any
(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 regishation. 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
tb
15
Agenda Item No. 4(B)
Page 9
restoration of civil or residency rights is still
legitimately pending, the [[GSD]P>BER<<
director may further extend the temporary
chauffeur's registration, upon application and non-
refundable fee payment.
(g)
(h)
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 maruler as required by Section 31-303. The
request must be sworn to and must state that the original
has been lost or stolen.
Chauffeurs shall have a grace period of up to thirty (30)
days after expiration in which to renew sarne and maintain
the continuity of the registration, provided, however, the
chauffeur within such thirty-day period shail not drive a
for-hire vehicle without a valid chauffeur registration and
shall also pay d 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 subjgct to
enforcement, violations and penalties contained in this
chapter and Chapter 8CC of this Code. A chauffbur shall
comply with the following regulations:
At all times when operating a for-hire rnotor
vehicle, a chauffeur shall display in such a vehicle a
valid chauffeur's registration issued by the
[[GSD]I>>RER<< for the class of transportation
operated.
No chauffeur shall solicit, as defined by this afti.cle,
passengers or drive his or her vehicle back and forth
in front of any place of public assemblage.
No chauffeur shall smoke while h'ansporting
passeflgers or sleep or permit others to sleep inside
(1)
(2)
(3)
{I
16
(4)
Agenda Item No. 4(B)
Page 10
the motor vehicle while parked at a public or private
stand or stop.
No chauffeur shall refuse or neglect to transport to
any place in the county any orderly person
regardless ofrace, sex, religion, national origin, age
or physical disability, who is willing and able to pay
the prescribed fare aud no chauffeur shall accept
any additional passengers without the consent ofthe
passengers already within the vehicle unless the
passengel is being transported under a shared ride
or other special service rate.
Chauffeurs at a]l times shall maintain a neat
appearance. Chauffeurs, other than pdvate school
bus chauffeurs, shall wear a collared shirt, dark
trousers or skirt, and closed shoes.
Chauffeurs shall maintain accurate h{p sheets for at
least one (i) 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. A11 informatibn must be
recorded legibly. Upon request of
[[CSD]I>>RER<<, chautTeurs shall produce, in
person, trip sheets required to be maintained by this
section within one (1) business day of such request.
No chauffeul shall collect fares or compensation for
to'ansporlation services other than the established
rates or charges for the type of service being
provided, nor may any driver collect any additional
payment for transporting any baggage which
accompanies the passenger, provided, however, that
this provision shall not apply to gratuities.
The passenger sha1l be offered a receipt for the fare
collected.
(6)
(s)
(7)
(8)
t)
17
Agenda Item No. 4(B)
Page 11
(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 sha1l not use abusive language or be
discourteous to passengers or enforcement
persorurel 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 rnotor 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 sectioq the driver may contimte to operate the
motor vehicle to the nearest place at which that
hazard is removed
(12) All chauffeurs shall notify the [[eSD]l>>RE&<<
upon each modification of his or her agteement with
an operator or for-hire company. All chauffeurs
shall notify the [[CSD]P>RER<< of each change
of address within ten (10) days of relocation.
(13) Chauffeurs shall select routes to trip destinations
that are most economical to the passenger r-rnless
otherwise directed by or agreed to by the passenger.
(14) No chauffeul 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, r'estaurant, niglrtclub, bar or any
other business establishment, or accept or receive
t)
18
Agenda ltem No. 4(B)
Page12
fi'om any business establishment any payment for
such solicitation or diversion ofpassengers 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]I>>RER<< authorized personnel or af,ry
police officer when such persorurel 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 reflise to permit [[€SD]I>>RER<<
authorized personnel or any police officer to
conduct inspection of the vehicle.
(16) Each chauffeur shall prorninently display an off-
duty sign when not waiting employment or acfually
transporting paying passengers.
(17) Each chauffeur shall use the ail 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
le gistration when operating.
(19) No chauffeur shall refuse
violation notice.
(20) No chauffeur shal1 operate
cunently valid operating
inspection displayed.
an altered chauffeur's
to sign and accept a
a vehicle without a
perrnit and vehicle
(21) No chauffeur shall operate a vehicle with
tampered or altered operating permit decal
vehicle inspection sticker.
d
or
ILf
19
t)
Agenda Item No. 4(B)
Page 13
Q2) Al1 chauffeurs who are authorized by state law to
cail'y a firearm and intend to carry said firearm on
their bodies or in their vehicles shall notiff the
[[CSD]P>RER<< in writing on a form provided
by the [[CSD]I>>RER<<.
(23) No chauffeur shall refuse or neglect to transport to
any place in the county any orderly person,
including a service animal, who is willing and able
to pay the prescribed fare and no chauffeur shall
accept any additional passengers without the
consent of the passengers already within the vehicle
unless the passenger is being transported under a
shaled dde 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 souttds, providing minimal protection
or rescue work, pulling a wheelchair, or fetching
dropped items.
The county ttmanagerll>>lggyg5<, 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
chauffew is abusing alcohol or misusing prescription drugs
or iliegal 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
aicohol while operating or driving a for-hire motor vehicle
shall have his or her registration revoked for two (2) years.
s-
20
Agenda Item No. 4(B)
Page 14
A chauffeur who is determined to have used a controlled
substance, except as permitted for medical puq)oses by law
or regulation, shall have his or her registration revoked for
two (2) years.
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 hafficking in narcotics or should the
State of Florida revoke or suspend the chauffeur's driverrs
or operator's license.
Conviction of a crime. A chauffeur shall be required to
notify the [[CSD]I>>BER<< in writing of a conviction of a
crime within ten (10) business days of said occuuence.
Failure to provide the required notice may result in the
revocation or suspension of the chauffeur's registration.
Section 2. Chapter 31, Article VII of the Code of Miami-Dade County, Florida, is
hereby created as follows:
CHAPTER 31. YEHICLES F'OR HIRE
Article YII. LICENSING AND REGULATION OF
TRANSPORTATION NETWORK ENTITY
FOR-IIIRE YEHICLES
Section 3l-701.Definitions.
For purposes of this article, the following definitions shall apply:
(a) Applicanl:means an individual, partnership or cotporation
which applies for a transportation netwot'k entrty iicense,
permit, or chauffeur's registration pursuant to the
provisions of this article. "Applicant" shall also mean an
individual, partnership 01' corporation which makes
application, where applicable, to renew or transfer a
certificate, permit or chauffeur's registration pursuant to the
provisions of this article. In the case of partnerships aud
(k)
(l)
I\p
21
(b)
Agenda Item No. 4(B)
Page 15
corporations, "applicant" shall also mean each individual
with a partnership interest, each shareholder of the
corporation as well as the corporate officers and directors.
Ch.auffeur means a duly licensed driver registered with and
authorized by the Department of Regulatory and Economic
Resoulces to operate a for-hire passenger motor vehicle.
Chaulfeur registration means a registration card issued by
the Department of Regulatory and Economic Resources.
Commission means the Board of County Commissioner of
MiamiDade County, Florida.
County means Miami-Dade County, Florida.
County Mayor means the head of county govemment as
provided in Article 2 of the Home Rule Charter of Miami-
Dade County, Florida.
Deparlmenl means the Department of Regulatory and
Economic Resources (hereinafter "Depaftment") or
successor department
Director means the Department of Regulatory and
Economic Resoulces Director or the Director's designee.
Operating permit means the valid and curent vehicle decal
issued to the transportation network entity or for-hire
chauffeur, when applicable, which authorizes a specific,
registered vehicle to operate for-hire and which may expire,
be suspended ol revoked.
Transportation Network Entity License means a license
issued by RER to a tlansportation network entity
authorizing tlre transportation network entity to allow
transportation network entity chauffeurs to provide
transportation network entrty services within the
incorporated and unincorporated aleas of Miami-Dade
County, Florida.
MDT means the Miami-Dade Tralsit.
Passenger means a person utilizing a transportation
network entity for-hire vehicle for the purpose of being
transported to a destination, or a person who is awaiting the
(D
(e)
(h)
(c)
(d)
(")
(0
0)
(k)
(i)
IT
22
Agenda Item No. 4(B)
Page 16
an'ival of a transportation network entity vehicle, and does
not include the transportation network entity chauffeur.
(D Person means any natural person(s), firm, paltnership,
association, corporation, or other business entrty.
(*) Personnel authorized by the RER means uniformed
enforcerrent personnel and any other individual authorized
by the director.
(") Solicitmeans an appeal by bell, horn, whistle, words or
gestures by a chauffeur or his or her agent directed at
individuals or groups.
(o)
(p)
(q)
Sfreet means any public street, avenue, road, boulevard,
alley, Iane, highway, sidewalk, public park, viaduct or other
public place accessible to the public, located in Miami-
Dade County and used by motor vehicles.
Street hail means an immediate amangement rnade on a
steet with a transportation network entity chauffeur by a
person seeking immediate transportation.
Taxicab standmeaJrs the county-approved location on a
public right-of-way for awaiting employment which is
specificaily rnarked with a taxicab stand sign. "Taxicab
stand" also means a location for awaiting employrnent
autholized and provided by the owner of private property.
Trcmsportation Nehaork Entity shall mearl a natural
person(s), firm, partnership, association, corporation, or
other business entity that uses a digital platform to connect
passengers to transportation network entity chaufleurs for
the purpose of hansportation.
Transportation Network Entity For-hire Chauffeur shall
mean an individual who uses the individual's personal
vehicle to provide transportation services through a
transportation network entrty.
Transportation Netu,ork Company Serttices shall mean the
provision of transportation services by a transporlation
network entity chauffeur through a transportation network
errtify.
I8
G)
(s)
(t)
23
(u)
(v)
Agenda item No. 4(B)
Page 17
Transportation Nelwork Entity For-hire Vehicle or
Transportation Network Entifii Vehicle shall mean a vehicle
which transports eight passengers or less, which is not a
limousine or taxicab, that is used by a transportation
network entity and chauffeur to provide transportation
services.
Trqde nanxe or doing business as or (d,h/a) name nueans
the county-approved name under which the transportation
network entity license holder may provide a transportation
network entity, and which narne shall not duplicate the
name of any other license holder or transportation network
entity.
Sec. 31-702. Transportation Network Entity License.
(a)Prohibition against unauthorized operations. It shall be
unlawful for any transporlation network entity to begin
operations, or allow affiliated transportation network entity
chauffeurs to provide tuansportation network entity
services, as defined in Section 3l-701, upon the streets of
Miami-Dade County, Florida without first obtaining a
transportation network entity license and maintaining it
cunent and valid pursuant to the provisions of this article.
Out-of-County origin exception. Nothing in flris 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 Coturty.
(2) Pick up of a parafiansit passenger by a provider of
paratransit serices that is duly licensed and legally
authorized to provide paratransit services in a
county adjacent to Miami-Dade County provided
that such county has determined that the passenger
is eligible for paratransit services and such
passenger is picked up within the ADA-defined
areas of Miami-Dade County. A paratransit service
provider sliall not be required to obtain a Miami-
Dade County transportation network entity license
for such pulpose.
Application procedules. Every initial applicant for a
transportation network entrty license shall be in writing,
(b)
(c)
lq
24
Agenda ltem No. 4(B)
Page 18
signed and sworn to by the applicant, and shall be filed
with the RER together with an investigative and processing
fee which shal1 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
swom to by a general partner. The application shall be on a
form provided by the RER and shall contain aIl information
required thereon, including :
(1)Sufficient infonnation to identify the applicant,
including but not limited to full legal name and
toade rame, date of birth, telephone number,
business address and residence address, of the
applicant. If the applicant is a corporation, the
foregoing information sha11 be provided for each
officer, resident agent and director. Ifthe applicant
is a partnership, the foregoing information shall be
provided for each partner. Post office box address
will not be accepted hereurlder.
AII applicants shall have a place of business in
Miami-Dade County, Florida. A11 corporate or
partnership applicants shall be organized or
qualified to do business under the laws of Florida
and shall have a place of business in Miami-Dade
County, Florida. Post office box addresses will not
be accepted.
The class or classes of transportation service which
the applicant desires to furnish.
The trade name under which the applicant intends to
operate.
A record and proof of all present and prior
transportation business activities of the applicant
during the past five (5) years.
(6) A record of all crimes to which the applicant has
pled 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. The applicant shall have his or her
(2)
(3)
{4)
(s)
ZO
25
(d)
Agenda Item No. 4(B)
Page 19
fingerprints and photograph taken by the Miami-
Dade Police Department. In the case of a corporate
or partnership applicant, this information shall be
obtained fi'om all corporate ofiicers and directors or
patlners, as the case may be.
(7) Two (2) credit references including at least one (1)
banl< where applicant has an active account. In lieu
of the second credit reference, the applicant may
submit alternative written evidence of financial
trustworthiness.
(8) A swom statement signed by the applicant that all
information provided by the applicant is hue and
correct.
(9) Any additionai information as the Director shall
require to enforce the provisions of this article
Investigation of Transportation Network Entity License
Applicants. The director shall investigate each application
and accompanying required documents and reject any
application that is not properly frled or that is incomplete or
untrue in whole or in part. The director may approve or
deny the issuance of transportation network entity licenses
as specitied in this article 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
article. An applicant shall not be eligible for a
transportation network entrty license if he/she/it:
(i) Has misrepresented or concealed a material fact on
his, her or its application;
@ 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 curent 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 r,vithin the last
five (5) years, regardless of whether adjudication
LI
26
Agenda ltemNo. 4(B)
Page20
has been withheld, unless his or her civil or
residency rights have been restored;
(5) Has pled nolo contendere, pled guilty, been found
guilty or been convicted of any crime wherein a
transportation network entity vehicle was employed
whether or not adjudication has been withheld;
(6) Has pled nolo contendere, pled guilty, been found
guilty or been convicted ofany 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, lirnitation, or restriction
of an transpofiation network entity license imposed
by the director or commission where the director
deems the violation to be gtounds for denial;
(8) Was enjoined by a court of competent jurisdiction
from engaging in the for-hire business or was
enjoined by a court of competent jurisdiction with
respect to any of the requirements of this chapter;
(9) Has as a stockholder, officer, director, or parlner of
a corporation or partnership who committed an act
or omission which would be cause for denying an
transportation network entrty license to the officer,
director, stockholder, or partner as an individual;
(10) Failed to comply with the terms of a cease and
desist order, notice to correct a violation or any
other lawful order;
(11) Does not have a place of business located in Miami-
Dade County, Florida;
(L2) Has any unsatisfied civil penalty or judgment
pertaining to transportation network entity
operation;
(13) Has had an transportation network entity license
issued by Miarni-Dade County revoked;
7L
27
(e)
Agenda Item No. 4(B)
Page 21
(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
(i5) 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 hafficking 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.
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
afiicle;
(3) Has ensured that the transportation network entity
vehicles to be operated under the applicant's
transportation network entity license have passed all
required vehicle inspections. Failure of the
applicant to meet all of the foregoing requirements
within forty-five (45) days after notification ol
conditional approval shall cause the license not to
be issued. If the applicant believes he, she or it
carurot meet the foregoing requirements within the
forly-five-day period, the applicant may, prior to
expiration of such forty-five-day period, request in
writing a reasonable extension from the director. If
the request states good cause for an extension, the
director may grant such a reasonable extension as
the director finds is in the public interest.
Vehicles authorized to operate under a Transportation
Network Entity License. There shall be no limit to the
number of vehicles authorized to operate under a
transportation network entity license.
Issuance of Transporlation Network Entity License. Each
transportation network entity license shall be on a form
(0
(g)
'>b
28
0,
Agenda Itern No. 4(B)
Page22
developed by RER and shall be signed by the director.
Each transporlation network entity license shall, at a
minimum, contain the name and the business address of the
license holder, date ofissuance, its expiration date and such
additional terms, conditions, provisions and limitations as
were imposed during the approval process.
Expiration of and renewal process for Transportation
Network Entity License. Transpofiation network entity
licenses may be issued for such periods as specified in the
Impiementing Order establishing the fees. Each renewal
shall be submitted no less than thirty (30) days prior to
expiration of the cun'ent initial or annual transportation
network entity license together with payment of a license
fee. As part of the renewal process, the original application
shall be updated and verifi.ed by the applicant on forms
supplied by RER. The director shall deny any renewal
application that is not timely, is not properly filed, is
incomplete, is untrue in whole or in part or results in a
determination by the director that the applicant has failed to
satisfu the requirements of subsections 31-702 (c), (d) or
(e). Appeal of the denial of arenewal application shall be in
accordance wi& this chapter.
Grace period. License holders shall have a glace 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 oflicense 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.
Rules of operation. Transportation network entrty license
holders shall abide by all rules and regulations applicable to
transportation network entity license holders and shall be
subject to the enforcement provisions contained in this
chapter and chapter 8CC of the Miami-Dade County Code.
A hansportation network entity license holders and her, his
or its agents shall comply with the following regulations:
Comply with applicable federal law, Florida law,
and ordinances, rules and regulations of the County
applicable to the operation of transportation
network entity vehicles;
(i)
0)
(1)
29
Agenda Item No. 4(B)
Page23
(2) Immediately report any change of address;
(3) Maintain all records pertaining to the transportation
network entrty services of a vehicle electronically
for one (1) year and make same available for
inspection during the regular business hours of such
entity. When requested by the RER, the entity shall
electronically provide copies ofthe records;
(4) Not allow any pe(son to operate a h'ansportation
network entity vehicle who has not passed the
requirements set out in this article;
(5) Not allow or permit any person to operate a
transportation network entity vehicle without
curent, valid and sufficient insurance coverage as
required in this chapter;
(6) Obtain an operating permit for each for-hire vehicle
operated pursuant to authority of the for-hire license
and pay all appiication and vehicle inspection fees;
(7) Not permit or authorize any chauffeur or other
person to operate any transportation network entity
vehicle without that vehicle's current valid
operating permit being displayed therein;
(8) Not allow any person to operate a transportation
network entity vehicle who is not a Miami-Dade
County registered chauffeur in accordance with this
article;
(9) Ensure that all transportation network entity
vehicles to be placed into service and all vehicles
taken out of service have been registered and
inspected by RER;
(10) Not pennit or authorize anyone to drive any
transportation network entity vehicle unless the
brakes, steering mechanism, tites, horn, windshield
wipers, side and rearview minors and all lighting
devices are in good working order and the vehicle
meets all other applicable vehicle standards as set
forlh in this chapter;
(11) Not al1ow or permit any person to operate a
transportation netwotk entity vehicle while his or
L\
30
(k)
Agenda ltem No. 4(B)
Page24
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) Not refuse or neglect to transporl to or from any
place in the county, any orderly person requesting
service;
(13) Every deaf or hard of hearing person, totaily 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 requiled to pay an extra charge for the service
animal;
(14) Every transportation network entity license holder
shall ensure that any transportation network entity
chauffeur operating an accessible vehicle is certified
in the safe and proper methods of securing,
transpofting, and dealing with passengers utilizing a
wheelchair. Proof of certification shall be provided
to the RER.
(15) It shall be unlawful for any person to use, drive or
operate an accessible vehicle without training in the
safe and proper methods of securing, h'ansporting,
and dealing with passengers utilizing a wheelchair.
Responsibility for violations of chapter. The holder of a
transportation network entity license shall be held
responsible {br any applicable violation of this article
arising from the operation of the transportation network
entity vehicle authorized under the hoider's transportation
network company license and shall be subject to the
penalties provided in this chapter for any such violation. In
addition, his, her or its license shall be subject to
suspension or revocation for any such violation. Charges
against or penalties imposed on a transportation network
chauffeur for the same ol related violations shall not relieve
the transportation network company license holder of
responsibility under this article.
The fee for a transportation network entity license shall be
determined by an implementing order approved by a
resolution adopted by the County Commission.
0)
ZV
31
(m)
Agenda Item No. 4(B)
Page 25
Transfers. No transportation network entity license may be
sold, leased, assigned, mortgaged or otherwise transferred
by a holder of a tlansportation network entity license.
Each transportation network entity operating pursuant to a
transportation network entity license :
Shall, upon completion of a trip, transmit an
electronic receipt to the passenger's e-mail address
or mobile application documenting the date of the
trip, the origination of the trip, the name of the
transportation network entity chauffeur and a
description of the total amount paid, if any.
Shall maintain a website that provides a customer
service telephone nurnber or e-mail address.
Transportation Network Entity Chauffeurs.
(")
a)
Sec.31-703.
(1)
(a)
It shall be unlawful for any person to drive a transpoftation
netwolk entity for-hire vehicle over any street in Miarni-Dade
County without first having obtained a chauffeur's registration
from RER pursuant to Chapter 31, Article V of this Code.
Sec.31-704. Duties of Regulatory and Economic Resources
Department.
Ir addition to the duties and responsibilities specified in
this article, the RER shall be charged with the following
duties and responsibilities :
Process, investigate and prepare all reports required
by this article.
Investigate and prepare reports on alleged violations
ofthis article.
Enforce the provisions of this article.
Attempt to resolve complaints received from any
source conceming the industry.
Issue, deny, suspend and revoke all transpofiation
network entity licenses pursuant to the provisions of
this chapter, and maintain appropriate files
regarding same.
(1)
a)
(3)
(4)
(5)
Z7
32
Agenda Item No. 4(B)
Page26
(6) Develop and implement, in cooperation with the
industry, service expansion and irnprovements.
(7) Provide technical assistance to the indushy.
(8) Develop a standardized reporting technique for
transportation network entities.
(9) Provide a system to handle complaints of municipal
officials relating to transportation network entity
service within such municipalities and expedite the
solution of same.
(10) Perform any other functions assigned by the County
Mayor.
(11) Coordinate cooperative enforcement activities with
municipalities, including implementing procedures
for the disposition of fine revenues collected.
(12) Prepare and implement changes, amendments or
modifications to impiementing orders establishing
fees pursuant to this article and provide the industry
with at least ten (10) days notice prior to
consideration of such changes, amendments or
modifications by the Board of County
Commissioners.
(13) Upon court order have closed and sealed rmlicensed
service provider establishruents in accordance with
this article.
(14) The Director may propose and the County Mayor
may promulgate further rules and regulations to
carry out the provisions of this article, which rules
and regulations, when approved by the Board of
County Commissioners, shall have the force and
efiect of the law.
(15) The Commission may by implementing order
proposed by the County Mayor approve fees for
transportation network entity vehicles providing
transportation of persons and their baggage to and
from Miami International Airport and from the Po$
of Miami.
Zg
33
(a)
Agenda Itern No. 4(B)
Page27
(16) With the exeeption of fees established pursuant to
Section 31-704(15), all fees charged or required to
be paid shall be established by implementing order
and approved by the Commission. Such fees shall
be deposited in a separate Miami-Dade County fund
and shall be used exclusively to accornplish the
regulatory purposes of this article.
Sec.31-705. Rules for operation.
(e)
Each transportation network entity shaI1 adopt and require
all transportation network entity chauffeurs to display
consistent hade markings (i.e., distinctive signage or
display on the vehicle) when providing transportation
network entity services that is suffrciently large and color
contrasted as to be readable duling daylight hours at a
distance ofat least 50 feet.
No transportation network entity vehicle or chauffeur sha1l
utilize a designated taxicab stand.
A transportation network entity license holder shall not
allow a chauffeur to solicit or pick up passengers other than
by prearrangement through the transportation network
entity.
A transporlation networlc entity license holder sha1l not
allow a chauffeur to accept street hails. Chauffeurs shall not
accept street hails.
Transportation netwolk entity vehicles shall not display the
word(s) taxicab, taxi or cab on the exterior or interior ofthe
vehicle.
Every transpofiation nefwork entrty shallfully comply with
all ordinances, rules and regulations of the County
applicable to the operation of transportation netwolk entity
vehicles.
The computer application used by a transportation network
entity to connect transporlation network entrty chauffeurs
and passengers must display name of the transportation
network entity chauffeur, and a picture of the transportation
network entrty vehicle, including the license plate nunber
to identify the vehicle.
(b)
(c)
(d)
(0
(e)
zrl
34
Agenda ltem No. 4(B)
Page 28
(1, All transportation netr,vork entities shall implement a zero
tolerance policy on the use of drugs or alcohol while a
transportation network entity chauffeur provides
transportation network entity services, provide notice of the
zero tolerance policy on its website, as well as the
procedures to report a complaint, including a complaint
telephone number, about a transportation networh entity
chauffeur with whom the rider was matched and for whom
the rider reasonably suspects was under the influence of
drugs or alcohol druing the course of the r{de.
(0 Each transportation network entity shall establish a driver-
haining program to ensure that each driver safely operates
his or her transpoftation network entity vehicle prior to the
driver being able to offer service.
O Each transportation network entity shall maintain accurate
records of all revenues, all associated expenses, capital
expendifures, and other financial and operating information
as may be required by the RER. The RER shall be granted
access to these records for the purpose of inspection and
copying sarne upon five (5) days' prior notice. Each
Transportation Network Company shall annually furnish
finanCial and operating information to the RER on forms
and in the manner prescribed by the RER.
Sec.31-706. Fares and rates.
Transportation network entities may charge fares or rates for
to'ansportation services based on distance travelled and/or time
elapsed duling serice, or a flat prearranged fate, or a suggested
donation.
Sec. 31-707. Insurance requirements.
(a) No hansportation network entity vehicle shall be permitted
to operate without the toansportation network entity or
chauffeur providing passenger services having first
obtained and frled with the RER a certificate of insurance
for each for-hire motor vehicle showing the federal vehicle
identification number, a vehicle description and the
transportation network entrty license numbet, and shall list
each chauffeur that operates the vehicle, md the owner of
the vehicle as insureds urder a cofilmercial automobile
liabilify insurance policy with lirnits of no less than one
hundred thousand dollars ($100,000) per person, and three
11^,_l't)
35
(b)
Agenda Item No. 4(B)
Page29
hundred thousand dollars ($300,000) per occurrence for
bodily injury, and fifty thousand dollars ($50,000) per
occuffence for property damage arising out of or caused by
the operation of a transportation network entity vehicle
(including owned, hired, Ieased and non-owned vehicles).
Additionally, the certificate of insurance and each policy
shall speci$, that each policy provides complete 24-hour
vehicle coverage for a1l operations for all drivers who have
a Miami-Dade County chauffeur's registration, regardless
of where operated or whether engaged in for-hire
operations, and shall state the limits of automobile liability
and property damage covelage. Failure to provide current
certificates of insurance ol to maintain appropriate
insurance coverage shall be grounds for revocation of a
transpoftation network entity license.
Insurance policies required in this section shall be issued by
companies authorized to do business under the laws of the
State of Florida, with the tbllowing qualifications: the
company must be rated no less than "A-" as to
management, and no less than "Class VII" as to financial
strength by A.M. Best Company, Oldwick, New Jersey, or
its equivalent subject to the approval of the County Risk
Management Division. Nothing in the insurance policy or
declaration shall permit binders, deductibles, self-insurance
or any provision requiring the insured to reimburse the
insurance company for claims.
Each automobile liability insurance policy shall be
endorsed to provide for thirfy (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.
Unless a toansportation netlvork entity or chauffeur
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) rnonths, the transportation network entity license shall
be suspended forthwith by the Dilector and surrendered to
the RER pending a hearing to determine whether said for-
(c)
(d)
3t
36
(e)
Agenda Itern No.4(B)
Page 30
hire license should be revoked. This automatic suspension
requirement will not pertain to a for-hire motor vehicle
when its insuler r,vithdraws frorn Florida and cancels its
polieies, or when the policy is canceled through no fault of
the operator.
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 insui-ed coverage.
(1)
(2)
Sec.31-708. YehicleStandards.
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
fu'ansportation network entity vehicles operated undet the
provisions of this article. It is the transportation network entity's
and chauffeur's responsibility to insure that each vehicle meets the
following standalds and minimum inspection requirements:
Brakes within allowable parameters as provided by test
equipment readings for stopping effectiveness. There shall
be no leaks in lines, hoses, flttings, or parts; hoses shail not
be cracked or frayed; there sha11 be no audible air leaks in
air brake system.
License, permit or inspection decals, as applicable, shall be
corectly displayed and be clearly visible frorn the outside
of the vehicle;
(a)Chauffeur registration, operating pennit nutrber,
and any additional information as may be required
shall be displayed within the vehicle in accordance
with the instructions of the RER.
3L
37
(3)
(4)
Agenda Item No. 4(B)
Page 31
(b) Vehicle signage and markings shall be as required
by this article.
Inside rear-view mirror and a mirror on each side of
vehicle.
A fi.rnctioning speedometer and odometer indicating speed
in miles per hour and a functioning odometer indicating
distance in miles.
Functioning windows, door handles and latches. The
primary and secondary hood/trunk/rear access door latches
shall be fully operable.
A functioning interior light within the passenger
compartment, If the light becomes defective, the operator
must comect the defect on the very next day or remove the
vehicle from service at that time.
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 conkols set
for maximum cooling.
The vehicle exterior must be free of grime, oi1 or other
substances and free from cracks, bteaks, dents and
damaged paint that detracts from the overall appealance of
the vehicle and that could harm, injure, soil or impair the
passenger or his personal belongings.
Equipped with hubcaps or wheelcovers, on all four (4)
wheeis. If not on vehicle, the operator must put them on
vehicle the next day.
(5)
(7)
(6)
(e)
(8)
31
38
Agenda Item No. 4(B)
Page 32
(10) Burnpers/moldings/guard's shall be installed/ replaced as
originally manufactured except for moldings on side panel
doors.
(11) The interior of the trudq 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 Iiom torn
upholstery or floor coverings, damaged or broken seats, and
protruding sharp edges. All equipment in the interior of the
vehicle shall be safely and adequately secured. There shall
be no holes opening to the passenger compartment from the
underbody.
(13) A horn which shall be audible from a reasonable distance.
(14) The dliver'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 rneasured at three random places in tire tread.
The tires shall be inflated to manufacturer's specifications
and free ofcuts, ctacks, bulges or exposed belts.
(16) Front-end and rear-end alignment shall be within allowable
parameters as provided by test equipment readings for
aligrrnent.
(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 inclufing 4-way flasher, tum
and signal, clearance, warning, marker, bralces, taillight,
license plate, backup and parking light. All lights must be
of correct color and properly positioned as required by
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39
Agenda item No. 4(B)
Page 33
Florida Statutes and regulations. A1l dome lights must be
operable with lens in place.
(19) Reflectors and lenses shall not be cracked or missing arrd
must be of correct color and properly positioned.
(20) Headlights, low and high beam, shall be operable, and
within test equipment allowable readings.
Ql) 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.
Q3) Vehicle steering and suspension shall be functional.
Q4) Seatbelts for all persons transported shal1 be in place and
functional, unless otherwise exernpted by regulation.
(25) Accessible vehicles shail 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 sufflrcient capacity to safely
and smootltly 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 wheelchail passenger transported, foul (4) points
of securement of latching or locking to the vehicle and the
wheelchair inwhich the passenger will ride. The latching or
locking devices shall be designed to minimize any lateral,
longitudinal, or verlical motion of the passenger
conveyanco within the vehicle.
For each wheelchair passenger being transported, there
shall be sufficient restraining belts or straps designed to
?{
40
Agenda Item No. 4(B)
Page 34
sectuely confine the passenger to the wheelchair in which
he or she is t'anspofted. The restraining belts or straps shall
be utilized.
Q6) Vehicles, other than taxicabs, used to transpod passengers
shall not display the word(s) "taxicab," "taxi" or "cab" on
the vehicle exterior or interior and shall not be equipped
with a taximeter.
(27) Advertisement on behalf of third parties may be displayed
on the outside or inside of a for-hire vehicle provided
approval is given by the RER and any display is installed
pursuant to instructions of the RER.
Vehicle age limits and inspection schedules. Transpoftation
network entity vehicle age limits and fi'equency of inspections are
as follows provided, however, that the RER may inspect a for-hire
vehicle at ury time. Any vehicle initially placed into service shall
be no greater than five (5) model years of age. Any vehicle over
five (5) model years of age shall not be operated as a hansportation
network entity vehicle. Transportation network entity vehicles
shall display an operating permit issued by RER and shall
minirnally meet the following inspection schedule:
Transportation network entity vehicles I through 2
model years of age shall be inspected annually;
Transportation network entity vehicles 3 through 5
model years of age shall be inspected semi-
annually;
Sec. 31-709. Enforcement of article.
(a) This article shall be enforced by authorized personnel of
the RER, the police forces of the various municipalities in
Miami-Dade County and by the Miami-Dade Police
Department, When specifically authorized by the Director,
this article may be enforced by personnel of the Seaport
and Aviation Department against violations occuming
within their r-espective boundaries. The RER shall prepare
and distribute to all authorized enforcement personnel an
enforcement manual outlining procedures for the detection,
(1)
(2)
3b
41
(b)
Agenda Item No. 4(B)
Page 35
reporting and issuance of citations or deficiency reports for
violations of this article.
The RER rnay employ a deficiency or warning system
through which transportation netwolk entities are given
written notice of minor violations and a specified period of
time to correct sarne. Unless otherwise provided, all other
violations shall be processed under Chapter 8CC of the
Code.
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.
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 pafi such
violation, and any such officer, director, partner, or agent
may be fined in the sarne manner and to the same extent as
herein provided for an individual.
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.
(d)
(c)
(e)
Sec. 31-710. Suspension and revocation proceedings.
(a) Grounds for suspension or revocation. In addition to the
grounds for automatic suspension or revocation provided
elsewhere in this chapter, trausportation network entity
licenses shall be subject to suspensios or revocation by the
director as follows:
Upon the director's determination that:
(i) The license iiolder 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
(1)
3'+
42
(b)
Agenda Item No. 4(B)
Page 36
issuance of the license, registration or permit
as provided in this chapter;
(i1) The license was obtained by an application
in which any material fact was omitted or
falsely stated;
(iii) The license holder has failed to comply with
or has violated any of the provisions of this
chapter; or
(w) The public interest will best be served by
revocation or suspension of the license,
registration or permit provided, however,
that good cause be showu;
(v) The transportation network entity license
renewal application does not comply with
the requirements of this chapter,
(vD Any h'ansportation network entity vehicle
has been operated in violation of this
chapter.
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 dii'ector's
decision.
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:
G) Comply with the Director's decision in the
manner indicated on the Notice of Director's
Decision; or
(b) Request an administrative healing before a
hearing offlcer to appeal the decision of the
Director.
(c)
78
43
(2)
(3)
Agenda Item No. 4(B)
Page37
Filing the appeal. Appeal by administrative healing
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.
Failurc 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.
Hearing offrcers. Hearing Officers shall be
appointed by the Clerk of the Courts, Code
Enforcement Section.
Scheduling and conduct ofhearing.
(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 addless.
The notice of hearing shall include but not
be limited to the following: place, date and
time of the hearing; right of the narned pafty
to be represented by a iawyer; right of the
named pady to present witnesses and
evidence; in the case of a director's decision
involving suspension or revocation, notice
that failure of the named parly to attend the
hearing shall be deemed a waiver of the
right to hearing and an admission of the acts
(4)
(s)
3.1
44
(c)
(d)
(e)
(D
(e)
Agenda ItemNo. 4(B)
Page 38
specified in the notice; and notice that
requests for continuances will not be
considered if not received by the hearing
officer at least ten (10) calendar days prior
to the date set for hearing.
The hearing officers shall call hearings on a
monthly basis or upon the request of the
RER. No hearing shall be set sooner than
fifteen (15) calendar days fi'om the date of
notice of the director's decision, unless
otherwise prescribed by this chapter.
A hearing date shall not be postponed or
continued unless a request for continuance,
showing good cause for such continuance, is
received in wliting 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
concurlence of the RER.
A11 hearings conducted by a hearing officer
shall be open to the public. AII 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.
The proceedings at the hearing shall be
recorded and may be transcribed at the
expense of the party requesting the
h'anscript.
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.
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45
Agenda Item No. 4(B)
Page 39
(h) Each case before a healing officsr shall be
presented by the director or his or her
designee.
(i) The hearing need not be conducted in
accordance with the formal rules reiating to
evidence and witnesses.
0) Each party shall have the right to call and
examine witnesses; to introduce exhibits; to
cross-examine opposing witnesses on zmy
relevant matter; to impeach any witness
regardless of which party first called him or
her to testifu; aud to rebut the evidence
against him or her. All relevant evidence
shall be admitted.
(k) The hearing officer shall make {indings 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 r€sponsible for the violation of the
relevant section of the Code as charged.
(l) If the director's decision is affirmed the
narned party rnay be held liable for the
reasonabie costs of the administrative
healing.
(m) The fact-finding determination of the
hearing officer shall be limited to whether
the alleged violation occurred or whefher
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 affinns the
decision of the director, the named party
shall have fifteen (15) days fiom 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
4t
46
(6)
Agenda Item No. 4(B)
Page 40
responsible for the violation alleged; or (2)
insufficient basis for the denial of
application, a written decision shall be
plepared setting forth the basis for such
determination. If the hearing officer reverses
the decision of the director, the named party
shall not be required to comply with the
decision of the director, absent reversal of
the hearing officer's findings pursuant to this
article. If the decision of the hearing officer
is to affirm, then the following shall be
included in the decision:
(a) Decision of the Director.
(b) Administrative costs of the hearing.
(c) Date for compliance, if applicable.
(n) The hearing officer shall have the power to:
(a) Adopt procedures for the conduct of
hearings;
(b) Subpoena alleged violators and
witnesses for hearings; subpoenas
may be served by the Miami-Dade
County Sheriffs Department or by
the hearing officer's staff;
(c) Subpoena evidence; and
(d) Take testimony under oath.
Appeals.
(a) The named party or the county may appeal a
{inal 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 Procedule for the review of
administrative action.
4z
47
Agenda Item No. 4(B)
Page 41
(b) Unless the findings of flre hearing officer are
overturned in a proceeding held pursuant to
this article, all findings of the hearing officer
shall be admissible in any further proceeding
to compel compliance with the director's
decision.
(7) Nothing contained in this chapter shall prohibit
Miami-Dade County from enforcing the Code by
any other means authorized by law. The
enforcement procedures outlined herein are
cumulative to all others and shall not be deemed to
be prerequisites to flling 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 thereforie may
modify such an action or decision.
Sec. 31-711. Violationsl penalties.
(a)In addition to any other penalties provided by law,
including, but not limited to, those provided in this article,
a violation of any applicable provision of this article by a
transportation network entity license holder shall constitute
a civil offense punishable by the applicable civil penalty as
provided in the schedule of civil penalties in Section 8CC-
10 of this Code. Failure of a person to pay a civil penalty
within sixty (60) days of the due date for paying such fine
as specified on the civil violation notice or within sixty (60)
days of the date of the final outcome of any tirnely filed
appeal of such violation notice, whichever is later, shall
result in automatic suspension of such person's
transportation network entity license. If a person commits
five (5) violations of the same section of this chapter during
ary twelve-rnonth period, the transportation network entity
chauffeur shall be automatically suspended. If a person
commits frve (5) violations of this chapter during any
twelve-month period, such transportation network entity
chauffeur may be suspended for a period of up to six (6)
months or revoked.
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
(b)
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48
Agenda Item No. 4(B)
Page 42
empowered to dispose of the case and fines assessed
thrnugh the nolmal procedure.
Sec. 31-712. Special provisions.
(a)The provisions of this article shall be the exclusive
regulations applicable to the provision of and operation of
transpofiation network entity services in Miami-Dade
County. Notwithstanding the provisions of any municipal
ordinance, resolution or agreement to the contrary, fl'om
and after the effective date of this article no municipality
shall authorize, establish, change, alter, amend, or
otherwise regulate transpofiation network entity
transportation in Miami-Dade County. Regulations
established by this article shall be uniform throughout
Miami-Dade County both in the incorporated and
unincorporated aleas without regald to municipal
'boundaries. A11 municipal ordinances or resolutions to the
confoary are hereby superseded and rescinded.
Any transpoftation network entity chauffeurs driving on a
transporlation network entity platforrn licensed pursuant to
this article shall be authorized to provide transportation of
persons and their baggage from Miami International
Airport and from flie Port of Miami upon compliance with
reasonable and nondiscriminatory tems, conditions and
fees, as established by the County Mayor. The
transportation of persons and baggage from Miami
International Airport or from the Port of Miami shall
constitute an agreement by the transportation network
entity that it will conform to such terms, conditions, and
fees.
Section 8CC-10 of the Code of Miami-Dade County, Flotida, is hereby
(b)
Section 3.
amended to read as follows:
Sec. SCC-10.
Code Section
>> 37-702(a\
Schedule of civil penalties.
g
Description of Violation
Unauthori ze4 gp_eration
Civil Penalty
$1000.00
++
49
3t-1Q2/lil(.\\
3r_702(i(?)
3r-702(j\(.3)
31-702fi\@)
3l-702(ixs)
31-702(j)(7\
31-702(iX8)
31-7020)(9-)
31-702(j)(10)
31-7_02(jX11)
3r-702{j){.t2)
31-702(j\(.12)
Agenda Item No. 4(B)
Page 43
Violation of applicable law $250.00
Failure to report change $.1Q0.0q
ofaddress
Failure to maintain records $100.00
at principal place of business
o lgr,rtily resp o nsibie fo r
passenger services
Allowins person to operate $500.00
wilhout a chauffeur registration
Allowins or permitting any $500.00
person to op--erate a for-hire
vehicle without current. valid
and sufficient insutance coveragg
Permitting..or authorizing any $500.00
chauffeur or other person to
operate any for-hire vehicle
without that vehicle's current
valid operating permit displayed
Allowing person to operate $500.00
without a ch4ufferx registration
Failure to rggister and inspect $200,00
4ll.vehicles placed and taken
out of serv.ice
Permitt_ing or authorizing $100.00
operation of a vehicle which
doeE not meet applicable
vehicle standards
Allowins any person to operate $250.0Q
a for-hire vehicle whose alertness
is impaired
Reflrsal or neqlect to transporl" $250.00
for first_v_io-l-ation
Sub s_e_quent vio lati on s
v{
50
Agenda Item No. 4(B)
?age 44
31"-702(jXi3) Refusal to transporl passenger $500.00
and.service animal. for fuqt
violation
31-702(j)(13) Refusal to transport passenger Si000.00
and service animal" sUbsequent
violations
31-721fi\(14) Operating accessible vehicle $250.00
without certificatign
31-702(jx1s) Allowinschasffeurlq $.250.o0
operate accessible vehicle
without qg_rlification
31-705ft) Failure to comply with $100.00
requirements for desi qnated
public stands
31-705(c) Permittinq_?gh4uffeur to $100.00
Solicit passengers other than
by prea.-rl_angement, thlough the
transportation network enti ty
31-7056) Permittine a chau.f,&ur-t! accepl $100.00
street hails
3l-705G) Permitting a network entity $100.00
vehicle to digplay the word(s)
taxicab. taxi or cab on the
exteriol o-l'-interior of the vehicle
31-705(fl Failure to comply with all $100.00
ordinances. rules and
regulations
31-705(.g) Failure to provide chauffeur's $100.00
name.license plate number and
picture ofvehicle to passenger
31-705(j) Failure to provide documents $200.00
when requested bv the RER
Yb
51
31-707(a\
3t-707$)
3.1-107(g)
3l-707(,e)
31-708
Agenda Item No. 4(B)
Page 45
$5_00-00Failure to comply with
insurance coverage
requirements
Failing to provide nesessary $500.00
insurar_r.ce coverage or
i4surance-related services
Failure to provide RER
with required notices of
insurance cancell ation
$200.00
Failure to orovide documents $200,00
wherl requested by the RER
OpeJatins a vehicle in $75.00
violation of thp. vehicle
staqdatds and Sec. 31-71 I(a)
Operatine for-hire vehicle $250.00
without a current. valid
operating permit or inspection
decal. as applicable displayed
Failure to have an operating $250.00
air-conditionin s Syst_glq
Failure to have or to maintain $500.00
in workinq order wheelchair
restraining devices
31-7Q8(2)
31-7080)
3r-70805)
31-708(26)Unauthptized di spla), of
"taxicab".tttaxi"" or "c?b"
and/or use of taximeter <(
$100.00
Section 4. If any section, subsection, sentence, clause or provision ofthis ordinance
is held invalid, the rernainder of this ordinance sha1l not be affected by such invalidity-
Section 5. It is the intention of the Board of Corurty Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any sturset provision, shall become and
be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may
V+
52
Agenda Item No. 4(B)
Page 46
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "artiele," or othel appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency:
Prepared by:
Gerald K. Sanchez
Prime Sponsor: Commissioner Esteban L, Bovo Jr.
@-
ti t"{q
LIK
53
THIS PAGE INTENTIONALLY LEFT BLANK
54
&
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
i{lt
COMMISSION MEMORANDUM
-;1(.r.\-
cITY ATToRNEY RAUL J. AGUILA{
July 30, 2014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA URGING ALL
BUSINESSES AND RESTAURANTS IN THE GITY OF MIAMI
BEACH, THAT ARE NOT OTHERWISE SUBJECT TO THE
PROVISIONS IN ORDINANCE NO. 2014-3884, TO VOLUNTARILY
DISCONTINUE THE USE AND SALE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES.
Pursuant to the request of Vice-Mayor Michael Grieco, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
Agenda ltem CJ I
Date -7'3o-lV
F:\ATTO\TURN\COMMMEMO\Voluntary Compliance with Polystyrene Ordinance
55
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA URGING ALL BUSINESSES AND RESTAURANTS
IN THE CITY OF MIAMI BEACH, THAT ARE NOT OTHERWISE SUBJECT TO
THE PROVISIONS IN ORDINANCE NO. 20'14.3884, TO VOLUNTARILY
DISCONTINUE THE USE AND SALE OF EXPANDED POLYSTYRENE FOOD
SERVICE ARTICLES.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the public
health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the land and
in the waters of the City; anO
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as Styrofoam,
is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade
in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or killing
them and, due to the physical properties of expanded polystyrene, the EPA states "that such
materials can also have serious impacts on human health, wildlife, the aquatic environment and the
economy"; and
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, beaches, and watenrvays; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable or compostable alternatives and to encourage the use of unbleached, non-
coated, recycled-content paper food service articles and other environmentally preferable
alternatives when the use of reusable food ware is not feasible; and
WHEREAS, as an environmental leader among local governments in the State of Florida,
the City of Miami Beach adopted Ordinance No. 2014-3884 on July 23, 2014 which prohibits the use
of expanded polystyrene food service articles by City contractors and special event permittees in
City facilities and on City property, the use of expanded polystyrene food service articles by sidewalk
cafes on the public right-of-way, and strengthened the City's litter laws by prohibiting expanded
polystyrene products in City parks; and
WHEREAS, many businesses and restaurants in the City have already voluntarily
discontinued selling and using expanded polystyrene food service articles and the City encourages
all other businesses and restaurants, that are not otherwise subject to the provisions in Ordinance
No.2014-3884, to be environmentally conscious good citizens by discontinuing the sale and use of
such articles.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby urge all
businesses and restaurants in the City of Miami Beach, that are not otherwise subject to the
provisions in Ordinance No. 2014-3884, to voluntarily discontinue the use and sale of expanded
polystyrene food service articles.
PASSED and ADOPTED this day of Ju!y,2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
F:\ATTO\TU RN\RESOS\U rging Voluntary Com pliance with Polystyrene Ordinance - 2.docx
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: July 29th, 2014
SUBJECT: Penn 17,LLC
Please place on the July 30th City Commission Meeting Agenda discussion item regarding
Penn 17, LLC located at 1661 Pennsylvania Ave. The purpose of the discussion is to
address the lease agreement for the above mentioned address and a possible adjustment to
the rent schedule, the City of Miami Beach is the Landlord on the lease.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilted to providing excellent public servtce ond sofefy to oll who live, work, ond ploy in our vibront, tropicol, historic community.
Agenda ttem fl9 E ,
Date 7-3DI(57
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