HomeMy WebLinkAboutCh. 31 Vehicles for Hire
Chapter 31
VEHICLES FOR mRE*
Art. I.
Art. II.
In General, ** 31.1-31.80
Licensing and Regulation of For-Hire Motor Vehicles, ** 31-
81-31-100
Passenger Motor Carriers, ** 31-101.....31-200
Special Transportation Service Carriers, ** 31-201.....31-300
General Requirements, *;\31.301.....31.600
Licensing and Regulation of For-Hire Limousines, ** 31-
601-31-615
Art. III.
Art. IV.
Art. V.
Art. VI.
.Annotation-CAO 81-26.
Charter reference-Authority of Board of County Commissioners to license and regulate taxis, jitneys. and other vehicles for
hire in the unincorporated area of County, S 1.01(A)(3 >.
Cross references--Ambulances and non emergency medical '-ehicles, Ch. 4; loud. unnecessar:-' and excessive noises created by
means of sounding horn on automobiles, S 21-28; traffic ;llld motor vehicles, Ch. 30.
Supp. No. 31
4727
VEHICLES FOR HIRE
~ 31-73
ARTICLE I. IN GENERAL
Sees. 31-1-31-67. Reserved.
Editor's note-Ord. No. 62-4, enacted Feb. 6, 1962, re-
pealed ~~ 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 solic-
iting 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, ~ I, 9-19-61)
Sec. 31-69. Same-Driver diverting patron-
age 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, apart-
ment house, restaurant, night club, bar, or other
business establishment.
(Ord. No. 61-39, ~ 2, 9-19-61)
Sec. 31-70. Same-Paying for patronage se-
cured.
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 payor offer to pay to the driver or
operator of any taxicab or other passenger vehicle
for hire any money, compensation, reward, gratu-
ity, or other thing of value, directly or indirectly,
for soliciting any passenger, prospective passen-
Supp. No. 25
ger or other person to patronize the place of
business of such person, or for diverting or at-
tempting to divert any prospective patron, guest
or customer from any other business establish-
ment to that of s.uch person.
(Ord. No. 61-39, ~ 3, 9-19-61)
Sec. 31-71. Same-Accepting pay for patron-
age 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 perspn 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 at-
tempting 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)
Sec. 31-72. Notice to passengers to be dis-
played.
It shall be unlawful for any person to operate
any taxicab or other passenger vehicle for the
public transportation of passengers in the incor-
porated 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 re-
strictions.
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 mon-
ey"), for the purpose of inducing, seeking to in-
4728.1
~ 31-73
MIAMI-DADE COUNTY CODE
duce, soliciting, or causing any person to patron-
ize, 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, mor-
tuary, or place of business of his choice to another
such establishment or place of business.
(Ord. No. 61-39, S 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 aCC-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 (3) year
period of violating a provision of this article shall
for the third such violation be punishable by fines
of greater than $5,000 but less than $10,000
and/or imprisonment not to exceed forty-five (45)
days. Findings of guilt under the provisions of
Chapter aCC-I0 of the Code for violations of this
article shall be counted for the purposes of estab-
lishing the prior record for this subsection.
(c) Notwithstanding the provisions of this ar-
ticle, the Consumer Services Department Direc-
tor 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 "pas-
senger vehicle for hire" shall mean any vehicle
regulated by Chapter 4, article III, or Chapter 31
ofthe Code and the terms "driver" or "operator" of
Supp. No. 25
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, S 2, 12-6-88; Ord. No. 99-08, S 1,
1-21-99)
Sec. 31-75. Applicability of Sections 31-6S-
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 en-
forced by authorized personnel of the Consumer
Services Department, the police forces of the
various municipalities inMiami-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 compensa-
tion for right to pick-up passen-
gers.
(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 ser-
vice from any hotel, motel, apartment, restau-
rant, nightclub, bar, school, hospital, convalescent
home, medical clinic or any other business estab-
lishment, or public facility. The license, registra-
tion or certificate of any passenger service com-
pany, for-hire license holder, chauffeur or operator
of any passenger vehicle for hire violating this
provision shall be subject to suspension for up to
six (6) months in accordance with the provisions
of the Code.
(b) It shall be a violation of this article for any
indi\'ldual or entity to accept compensation in any
form, either directly or indirectly, from any pas-
senger 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,
4728.2
VEHICLES FOR HIRE
~ 31-81
nightclub, bar, school, hospital, convalescent home,
medical clinic or any other business establish-
ment or public facility.
(Ord. No. 99-08, S 1, 1-21-99)
Sees. 31-77-31-80. Reserved.
ARTICLE II. LICENSING AND
REGULATION OF FOR-HIRE MOTOR
VEmCLES*
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 (3/4) ofa 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 (3/4) 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.
"Editor's note-Ch. 31, Art. II, ~~ 31-81-31-93, was
amended in its entirety by Ord. No. 81-85, ~ 3, adopted Ju]y
21, 1981. Prior to the enactment of said 81-85, Art. II had
derived from Ord. No. 79-25, adopted March 20. 1979, which
ordinance was held invalid. Section 2 of Ord. No. 81-85
reconfirmed the repeal (by Ord. No. 79-25) of earlier Ord. Nos.
75-35, 75-111, 77-42, 78-61-78-86, from which Art. II had
derived prior to the passage ofOrd. No. 79-25. Ord. No. 81-85,
~ 2. also repealed Ord. Nos. 79-60, 79-77, 79-116, 80-17, 80-74,
80-85 and 80-96, which were not codified.
Charter reference-Power and authority of Board of
County Commissioners to license and regulate taxis, jitneys,
limousines for hire, rental cars, etc., ~ 1.0HA)(31.
Cross references--Ambulances and medica] transporta-
tion vehicles, Ch. 4; regulation of ground transportation by
aviation department, S 25-4; traffic and motor vehicles gener-
ally, Ch. 30; parking of taxicabs, buses in other than bus stop
or taxicab stand, S 30-388.26: authority of bus operators to
stop on roadway at bus stops, ~ 30-388.28.
Supp. No. 31
(c) Applicant means an individual, partner-
ship or corporation which applies for a for-hire
license, permit, chauffeur's registration, or a pas-
senger service company registration pursuant to
the provisions of this article. "Applicant" shall
also mean an individual, partnership or corpora-
tion 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 share-
holder owning at least fIve (5) percent of the
shares of the corporation as well as the corporate
officers and directors.
(d) Chauffeur means a duly licensed driver
registered with and authorized by the Consumer
Services Department to operate a for-hire passen:
geT motor vehicle.
(e) Chauffeur agreements means the CSD ap-
proved form agreements entered into by the chauf-
feur and the passenger service company and the
chauffeur and the for-hire license holder prior to
the provision of any for-hire service.
(D Chauffeur registration means a registration
card issued by the CSD.
(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, Flor-
ida.
(j) County Manager means the chief executive
officer and head of the administrative branch of
county government as provided in Article 3 of the
Home Rule Charter of Miami-Dade County.
(k) CSD means the Miami-Dade County Con-
sumer Services Department
(l) Director means the CSD director or the
director's designee.
4729
* 31-81
MIAMI-DADE COUNTY CODE
(m) Dispatch means a communication via two-
way radio or cellular telephone from a passenger
service company to a taxi chauffeur to provide
for-hire transportation to a passenger.
(n) Reserved.
(0) Fares or rates means the charges estab-
lished pursuant to this article to be paid by
passengers for the transportation services pro-
vided by a for-hire passenger motor vehicle.
(p) For compensation or compensation means
for money, property, service or anything of value,
including tips and commissions.
(q) For-hire means driving, operating, or man-
aging a for-hire passenger motor vehicle, and
includes all non-revenue producing operations of
the passenger motor vehicle.
(1') For-hire license means an annual, renew-
able license issued pursuant to this Article which
authorizes the provision offor-hire transportation
services and which may expire, be suspended or
revoked.
(s) Passenger service company means a Florida
corporation or partnership created for the pur-
pose of providing passenger services for for-hire
taxi operations and providing various services to
for-hire license holder(s) and chauffeurs with whom
the passenger service company has entered into
passenger service agreements.
(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.
(ul For-hire passenger motor vehicle or for-hire
motor vehicle means any chauffeur-driven taxicab
as defined herein which engages in the casual and
nonrecurring transportation of persons and their
accompanying property for compensation over the
public streets, but excluding ambulances and
nonemergency medical transportation of dece-
dents and persons participating in funeral ser-
vices, vehicles used solely to prOvide free trans-
portation services for customers of the business
establishment owning said vehicles, vehicles used
solely to provide special transportation services
for the Metro-Miami-Dade Transit Agency pursu-
Supp. No. 31
ant 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 autho-
rized by this article. Vehicles used to provide
Metro-Miami-Dade Transit Agency special trans-
portation services pursuant to a contract with
Miami-Dade County are subject to the regula-
tions contained in Article IV of this chapter.
(v) Good cause shall mean delay caused by
circumstances beyond the control of the appli-
cant.
(w) In service means a for-hire vehicle which is
displaying a valid, current operating permit or
decal, as applicable, issued by the CSD.
(x) Passenger service agreement means the CSD
approved form agreement entered into by the
for-hire license holder and the passenger service
company prior to any for-hire operation.
(y) MDTA means the Miami-Dade Transit
Agency.
(z) Medallion means a plate or decal issued by
CSD 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 pas-
sengers shall display an off-duty sign.
(ce) Operate means to provide transportation
services for compensation regulated by this arti-
cle utilizing a for-hire passenger motor vehicle.
(ddl Operating permit means the valid and
current vehicle decal issued to the license holder
or passenger service company, when applicable,
which authorizes a specific, registered vehicle to
operate for-hire and which may expire, be sus-
pended or revoked.
4730
VEHICLES FOR HIRE
9 31-81
(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.
(ffi 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 CSD a CSD form removing the vehicle from
service.
(gg) Paratransit services means any transpor-
tation service provided for compensation to pas-
sengers with disabilities by motor carriers be-
tween 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 busi-
ness entity.
lij) Personnel authorized by the CSD means
uniformed enforcement personnel and any other
individual authorized by the director.
(kk.) Place of business means the specific Miami-
Dade 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.
(11) Rate card means a card, issued by the CSD,
which displays for-hire rates and such other data
as the CSD 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 accessi-
ble to the public, located in Miami-Dade County
and used by motor vehicles.
(00) Street hail means an immediate arrange-
ment made on a street with a taxi chauffeur by a
person seeking immediate transportation by taxi.
Supp. No. 38
(pp) Reserved.
(qq) Taxicab means an eight (8) passenger or
less, exclusive of chauffeur, for-hire passenger
motor vehicle, which is not a limousine, with at
least three (3) doors, designed, constructed, recon-
structed and equipped as required in this chapter
to provide either street hail or prearranged taxi-
cab service, which is equipped with a taximeter,
unless authorized to exclusively operate at a flat
rate, and where the route and destination are
controlled by the passenger.
(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 mechani-
cal or electronic internally mounted device ap-
proved by the CSD 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 Com-
merce 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 (dl
b I a) name means the county-approved name un-
der which the for-hire license holder and the
passenger service company may provide for.J1ire
passenger motor vehicle transportation services,
and which name shall not duplicate the name of
any other license holder or passenger service
company.
(uu) Two-way dispatch system means a com-
munication system utilizing a two-way radio or
cellular telephone by which a dispatcher may
communicate with the chauffeurs of all taxicabs
during all hours of vehicle operation and in which
each for-hire vehicle is equipped with a two-way
radio or cellular telephone.
(vv) Waiting employment or awaiting employ-
ment means that the vehicle and chauffeur are
available and are in proper condition, location,
attendance so as to be hired for service.
4730.1
~ 31-81
MIAMI-DADE COUNTY CODE
(ww) Paratransit passenger means an individ-
ual receiving paratransit services who has a phys-
ical 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 con-
veyances.
(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.
(Ord. No. 81-85, g 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,
g 1, 7-9-98; Ord. No. 00-139, ~ 1, 11-14-00; Ord.
No. 03-45, ~ 1, 3-11-03)
Sec. 31-82. For-hire licenses.
(a) Prohibition against unauthorized opera-
tions. 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 an-
other 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
Supp. No. 38
provide paratransit services in a county
adjacent to Miami-Dade County provided
that such county has determined that the
passenger is eligible for paratransit ser-
vices and such passenger is picked-up
within the ADA-defined area of Miami-
Dade County. A paratransit service pro-
vider shall not be required to obtain a
Miami-Dade County Certificate of public
convenience and necessity for such pur-
pose, 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 appli-
cation 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 CSD together with an investigative and pro-
cessing 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
CSD and shall contain all information required
thereon, including:
(1) Sufficient information to identifY the ap-
plicant, 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, director, and stock-
holder. If the applicant is a partnership,
the foregoing information shall be pro-
vided for each partner. As part of such
application, the applicant shall also dis-
close the foregoing information for any
person who has any interest (legal, equi-
table, beneficial or otherwise) in the li-
cense. Post office box addresses will not be
accepted hereunder.
(a) Reserved.
4730.2
VEHICLES FOR HIRE
~ 31-82
(b) Business location requirements for
taxicab for-hire licensees. All appli-
cants 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 County, Florida. All cor-
porate or partnership applicants shall
be organized or qualified to do busi-
ness under the laws of Florida and
shall have a place of business in
Supp. No. 38 4731
VEHICLES FOR HIRE
~ 3 1-82
Miami-Dade County, Florida. Post
office box addresses will not be ac-
cepted.
(2) The class or classes of transportation ser-
vice which the applicant desires to fur-
nish.
(3) A brief description of the kindts) and
type(s) of vehicles, seating capacity, seat-
ing arrangements, gross weight, mileage
and number of vehicles proposed to be
used.
(4) The names and addresses of at least three
(3) residents of the County as references.
(5) The trade name under which the appli-
cant intends to operate and a description.
where applicable, of a distinctive uniform
and decorative color scheme including
placement of numbers and other mark-
mgs.
(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 appli-
cant 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
fingerprints and photograph taken by the
Miami-Dade Police Department. In the
case of a corporate or partnership appli-
cant, 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 out.standing
stock.
(8) Two (2) credit references including at least
one (1) bank where applicant has an ac-
tive account. In lieu of the second credit
reference, the applicant may submit alter-
native written evidence of financial trust-
worthiness.
(9) Reserved.
Supp. No. 31
(10) Reserved.
(11) A sworn statement signed by the appli-
cant that all the information provided by
the applicant is true and correct.
(12) Any additional information as the Direc-
tor shall require to enforce the provisions
of this article.
( 13) The name of the passenger service com-
pany who shall act as the for-hire license
holder's agent, where applicable.
(d) Investigation oHor-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 ....vith this
chapter.
An applicant shall not be eligible for a for-hire
license if he/she/it:
(1) Has misrepresented or concealed a mate-
rial fact on his, her or its application;
(2) Is an alien who is not duly authorized to
work by the immigration laws or the
Attorney General of the United States;
(3) Is a user of alcohol or drugs whose current
use would constitute a direct threat to
property or the safety of others;
(4) Has pled nolo contendere, pled guilty,
been found guilty or been convicted of a
felony within the last five (5) years, re-
gardless of whether adjudication has been
withheld, unless his or her civil or resi-
dency 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 em-
ployed 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
4732.1
~ 31-82
MIA.:\II-DADE COUNTY CODE
has been withheld, involving moral turpi-
tude relating to sex, the use of a deadly
weapon, homicide, trafficking in narcot-
ics, 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 di-
rector deems the violation to be grounds
for denial;
(8) Was enjoined by a court of competent
jurisdiction from engaging in the for-hire
business or was enjoined by a court of
competent jurisdiction with respect to any
of the requirements of this chapter;
(9) Has as a stockholder, officer, director, or
partner of a corporation or partnership
committed an act or omission which would
be cause for denying a for-hire license to
the officer, director, stockholder, or part-
ner as an individual;
(10) Failed to comply with the terms of a cease
and desist order, notice to correct a viola-
tion or any other lawful order of the
director;
(11) Has failed to satisfy the residency and
domicile requirements of this chapter;
(12) Does not have a place of business located
in Miami-Dade County, Florida;
(13) Has any unsatisfied civil penalty or judg-
ment pertaining to for-hire operation;
(14) Has had a for-hire license issued by Miami-
Dade County revoked;
nDl Has within the last five (5) years plead
nolo contendere, pled guilty, been found
guilty or been convicted of any misde-
meanor (regardless of whether adjudica-
tion is withheld) involving moral turpi-
tude relating to sex; or
( lG) Has within the last ten (10) years pled
nolo contendere, pled guilty. been found
guihy or been convicted (regardless of
whether adjudication is withheld) of any
SllflP. :\0. 81
offense involving trafficking in narcotics.
Mter 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 commis-
sion \".:ith the written recommendation of the
County Manager.
(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, and has submit-
ted a sworn statement that the applicant
has executed a passenger service agree-
ment;
(3) Has submitted proof of insurance re-
quired 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 reason-
able extension from the director. If the
request states good cause for an exten-
sion, the director may grant such a rea-
sonable extension as the director finds is
in the public interest.
(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
( 11 vehicle per for-hire license.
4732.2
VEHICLES FOR HIRE
9 31-82
(g) Issuance and replacement of for-hire li-
cense.
(1) Issuance. Each for-hire license shall be on
a form developed by the CSD and shall be
signed by the director. Each for-hire li-
cense shall, at a minimum, contain the
name and the business address of the
license holder, date of issuance, its expi-
ration date and such additional terms,
conditions, provisions and limitations as
were imposed during the approval pro-
cess.
(2) Replacement. The director may issue a
replacement license to any license holder
upon application, payment of a non-
refundable replacement fee and presenta-
tion 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 Administrative
Order establishing the fees. The CSD may estab-
lish staggered license terms to ease administra-
tion ofthe 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. Ai;
part of the renewal process, the original applica-
tion shall be updated and verified by the appli-
cant on forms supplied by the CSD. 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 deter-
mination by the director that the applicant has
failed to satisfy the requirements of subsections
31-82(c)(d) or (e). Renewal applications shall ad-
ditionally include disclosure of all interests in the
for-hire license (legal, beneficial, equitable or oth-
erwise) and a sworn statement as to the number
of months which each permitted for-hire vehicle
operated during the preceding license year. Ap-
peal ofthe 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 expi-
ration of their license in which to renew same
provided, however, that all operations shall cease
on the date of license expiration and the license
Supp. No. 34
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 (30l
days after their expiration shall automatically be
deemed revoked.
(j) 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 chap-
ter 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 regula-
tions:
(1) Comply with applicable federal law, Flor-
ida law, and ordinances, rules and regu-
lations of the County applicable to the
operation of for-hire vehicles;
(2) Immediately report any change of ad-
dress;
(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 dur-
ing the regular bus.iness hours of such
entity. When requested by the CSD, the
entity shall provide copies of the records;
(4) Where required by this article, enter into
a passenger service agreement with a
passenger service company to provide pas-
senger services or directly perform pas-
senger services as provided in Section
31-100;
(5) Obtain the operating permit for each for-
hire vehicle operated pursuant to author-
ity of the for-hire license and pay all
application and vehicle inspection fees;
(6) Not permit or authorize any chauffeur aT
other person to opeTate any for-hire vehi-
cle without that vehicle's current valid
operating permit being displayed therein;
(7) Not allow any person to operate a for-hire
vehicle who is not a Miami-Dade County
Tegistered chauffeur and who has not en-
tered into a chauffeur's agreement in ac-
cordance with this article;
4732.3
~ 31-82
MIA.\U-DADE COUNTY CODE
(8) Not allow or permit any person to operate
a for-hire vehicle without current, valid
and sufficient insurance coverage as re-
quired in this chapter;
(9) Register and have inspected by CSD all
vehicles to be placed into service and all
vehicles taken out of service;
(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 reg-
istration numbers;
(d) Shall state and itemize the compen-
sation to be paid by the chauffeur for
the right to operate a for-hire vehicle
authorized by a for-hire license. It
shall be unlawful for the for-hire
license holder to receive any compen-
sation from the chauffeur which is
not specified in the existing
chauffeur's agreement. The Agree-
ment 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 show-
ing on its face the name and address
of the chauffeur. The chauffeur shall
be allowed to make payment as pro-
vided in the preceding sentence, and
shall be provided with a written re-
ceipt 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;
(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 chauf-
feur and the license holder; and
(h) Shall include a sworn statement at-
testing to the truth of all represen-
tations made in the chauffeur agree-
ment.
(10) Not permit or authorize anyone to drive
any for-hire vehicle unless the brakes,
steering mechanism, tires, horn, wind-
shield wipers, side and rearview mirrors
and all lighting devices are in good work-
ing order and the vehicle meets all other
applicable vehicle standards as set forth
in this chapter;
(11) Not allow or permit any person to operate
a 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) Not refuse or neglect to transport to or
from any place in the county, any orderly
person requesting service. Every deaf or
hard of hearing person, totally or par-
tially blind person, or physically disabled
person shall have the right to be accom-
panied by a service animal specially trained
for the purpose without being required to
pay an extra charge for the service ani-
mal;
(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 dura-
tion of the agreement;
(b) Shall only be terminated with at
least thirty (30) days prior notice
unless good cause be shown and only
for the reasons stated therein;
Supp. No. 34
4732.4
VEHICLES FOR HIRE
\l 31-82
(14) For-hire license holders who operate an
accessible vehicle shall place an advertise-
ment in the Yellow Pages of the Miami-
Dade County Telephone Directory under
the trade name under which the owner
operates indicating that it is capable of
providing service to wheelchair passen-
gers and that such requests for service
shall receive priority over all other service
requests.
(15) Each license holder shall ensure that chauf-
feurs 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
CSD.
(16) It shall be unlawful for any person to use,
drive or operate an accessible vehicle with-
out certification in the safe and proper
methods of securing, transporting, and
dealing with passengers utilizing a wheel-
chair.
(k) Responsibility for violations of chapter. The
holder of a for-hire license shall be held responsi-
ble 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. 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 com-
pany or for-hire chauffeur for the same or related
violations shall not relieve the for-hire license
holder of responsibility under this article.
(l) 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 offor-hire taxicab licenses are oper-
ated using accessible vehicles by December 31,
2006.
(1) The director, by administrative decision,
may require that at least fifty percent of
for-hire vehicles authorized to operate un-
der a for-hire license initially issued pur-
suant to sections 31-82(0)(1) and 31-82(p)
Supp. No. 43
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 31-82(1)(1), 31-82(0)(1),
31-82(0)(2), or 31-82(0)(3) shall be issued
upon payment of an amount that is $10,000
less than the amounts stated in sections
31-82(m), 31-93(c)(2), or 31-93(d),respec-
tively, or $5,000, whichever amount is
greater, payable in full within one hun-
dred and twenty (120) days after each
lottery.
(3) It shall be a condition of all for-hire taxi-
cab licenses that are required to operate
using accessible vehicles pursuant to sec-
tions 31-82(1)(1), 31-82(0)(1), 31-82(0)(2),
or 31-82(0)(3) that the vehicle operated
under the authority of such license shall
always be an accessible vehicle.
(4) Notwithstanding any provision to the con-
trary, all for-hire taxicab licenses ordered
by the director to operate using accessible
vehicles pursuant to sections 31-82(1)(1)
or 31-82(0)(2) shall meet the following
vehicle age requirements: any vehicle ini-
tially placed into service shall not have
been previously used as a taxicab and
shall be no greater than five (5) model
years of age. Any vehicle over .ten (10)
years of age shall not be operated as a
taxicab.
(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), payable in full
within one hundred and twenty (120) days after
lottery and only to such drivers who have had a
Miami-Dade County taxicab chauffeur's registra-
tion for the previous five (5) years in good stand-
ing and satisfy the criteria stated in section
31-82(c). A sixty-day extension may be granted by
the CSD Director provided good cause be shown.
4732.5
!i 31-82
MIAMI-DADE COUNTY CODE
(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 estab-
lished by administrative order.
(0) For-hire taxicab license lottery
(1) Beginning January 1, 2004, twenty-five
(25) for-hire taxicab licenses shall be is-
sued on an annual basis until December
31, 2006, utilizing the criteria and proce-
dure provided in Section 31-82. In 2004
and 2005, fourteen (4) of the twenty-five
(25) for-hire taxicab licenses shall be op-
erated using accessible vehicles. In 2006,
twelve (12) ofthe twenty-five (25) for-hire
taxicab licenses shall be operated using
accessible vehicles. '!\vo (2) of the twenty-
five (25) for-hire licenses to be issued
annually shall be issued through a sepa-
rate lottery to veterans of the United
States Armed Forces who have been hon-
orably discharged and satisfy all of the
requirements of this chapter, two (2) of
the for-hire licenses shall be issued through
a separate lottery to drivers who have
been a Miami-Dade County chauffeur for
twenty (20) or more years and satisfy all
of the requirements of this chapter and
five (5) of the for-hire licenses shall be
issued through a separate lottery to driv-
ers who have been a Miami-Dade County
chauffeur for twenty-five (25) or more
years and satisfy all of the requirements
of this chapter. When the number of for-
hire taxicab licenses reserved for the lot-
tery for chauffeurs who have driven for
twenty (20) years is more than the num-
ber of qualified applicants allowed to par-
ticipate in such lottery, the random selec-
tion or lottery process will not take place
that year and all applicants qualified to
participate in such lottery will be issued a
for-hire taxicab license. When the number
of for-hire taxicab licenses reserved for
the lottery for chauffeurs who are veter-
ans of the United States Armed Forces
who have been honorably discharged is
more than the number of qualified appli-
cants allowed to participate in such lot-
Supp. No. 43
4732.6
tery, the random selection or lottery pro-
cess will not take place that year and all
applicants qualified to participate in such
lottery will be issued a for-hire taxicab
license. When the number off or-hire taxi-
cab licenses reserved for the lottery for
chauffeurs who have driven for twenty-
five (25) years is more than the number of
qualified applicants allowed to partici-
pate in such lottery, the random selection
or lottery process will not take place that
year and all applicants qualified to partic-
ipate in such lottery will be issued a
for-hire taxicab license. When the number
of for-hire taxicab licenses reserved for
veterans ofthe United States Armed Forces
or drivers who have been a Miami-Dade
County chauffeur for twenty (20) years
exceeds the number of qualified appli-
cants allowed to participate in the lottery,
the remaining number of licenses to be
issued shall be included in the lottery for
chauffeurs who satisfy the requirements
of Section 31-82(q). When the number of
for-hire taxicab licenses reserved for driv-
ers who have been a Miami-Dade County
chauffeur for twenty-five (25) years ex-
ceeds the number of qualified applicants
allowed to participate in the lottery, the
remaining number of licenses to be issued
shall be included in the lottery for chauf-
feurs who have been Miami-Dade County
chauffeurs for twenty (20) years.
(2) In addition to the for-hire licenses autho-
rized by the preceding subsection, an ad-
ditional seven (7) South Miami-Dade taxi-
cab service area for-hire taxicab licenses
shall be issued in 2004, 2005 and 2006,
pursuant to Section 31-93(d) utilizing the
criteria and procedure provided in Section
31-82. One of the for hire taxicab licenses
issued pursuant to this subsection (0)(2)
shall be operated using an accessible ve-
hicle. Three (3) of the seven (7) for hire
licenses issued pursuant to this subsec-
tion shall be issued as follows: one (1) of
the seven (7) for-hire licenses to be issued
shall be issued through a separate lottery
to a veteran of the United States Armed
Forces who has been honorably discharged
VEHICLES FOR HIRE
~ 31-82
and satisfies all the requirements of this
chapter; one (1) of the for-hire licenses
shall be issued through a separate lottery
to a driver who has been a Miami-Dade
County chauffeur for twenty (20) or more
years and satisfies all the requirements of
this chapter; and one (1) of the for-hire
licenses shall be issued through a sepa-
rate lottery to a driver who has been a
Miami-Dade County chauffeur for twenty-
five (25) or more years and satisfies all of
the requirements of this chapter. When
the number of for-hire taxicab licenses
reserved for the lottery for chauffeurs
who have driven for twenty (20) years is
more than the number of qualified appli-
cants allowed to participate in such lot-
tery, the random selection or lottery pro-
cess will not take place and all applicants
qualified to participate in such lottery will
be issued a for-hire taxicab license. When
the number of for-hire taxicab licenses
reserved for the lottery of chauffeurs who
are veterans of the United States Armed
Forces who have been honorably dis-
charged is more than the number of qual-
ified applicants allowed to participate in
such lottery, the random selection or lot-
tery process will not take place and all
applicants qualified to participate in such
lottery will be issued a for-hire. taxicab
license. When the number of for-hire taxi-
cab licenses reserved for the lottery for
chauffeurs who have driven for twenty-
five (25) years is more than the number of
qualified applicants allowed to partici-
pate in such lottery, the random selection
or lottery process will not take place and
all applicants qualified to participate in
such lottery will be issued a for-hire taxi-
cab license. When the number of for-hire
taxicab licenses reserved for veterans of
the United States Armed Forces or driv-
ers who have been a Miami-Dade County
chauffeur for twenty (20) years exceeds
the number of qualified applicants al-
lowed to participate in the lottery, the
remaining number oflicenses to be issued
shall be included in the lottery for chauf-
feurs who satisfy the requirements ofSec-
Supp. No. 43
tion 31-82(q). When the number of for-
hire taxicab licenses reserved for drivers
who have been a Miami-Dade County
chauffeur for twenty-five (25) years ex-
ceeds the number of qualified applicants
allowed to participate in the lottery, the
remaining number of licenses to be issued
shall be included in the lottery for chauf-
feurs who have been Miami-Dade County
chauffeurs for twenty (20) years.
(3) In addition to the for-hire licenses autho-
rized by the preceding subsections, an
additional six (6) for-hire taxicab licenses
shall be issued in 2004, 2005 and 2006,
pursuant to Section 31-93(c), utilizing the
criteria and procedure provided in Section
31-82. Two (2) of the for-hire taxicab li-
censes issued pursuant to this subsection
(0)(3) shall be operated using an accessi-
ble vehicle. One (1) of the six (6) for-hire
licenses issued pursuant to this subsec-
tion shall be issued through a separate
lottery to a driver who has been a Miami-
Dade County chauffeur for twenty-five
(25) or more years and satisfies all of the
requirements of this chapter. When the
number of for-hire taxicab licenses re-
served for the lottery for chauffeurs who
have driven for twenty-five (25) years is
more than the number of qualified appli-
cants allowed to participate in such lot-
tery, the random selection or lottery pro-
cess will not take place and all applicants
qualified to participate in such lottery will
be issued a for-hire taxicab license. When
the number of for-hire taxicab licenses
reserved for drivers who have been a
Miami-Dade County chauffeur for twenty-
five (25) years exceeds the number of
qualified applicants allowed to partici-
pate in the lottery, the remaining number
of licenses to be issued shall be included
in the lottery for chauffeurs who meet the
requirements of Section 31-82(q).
(p) Rules governing the distribution of new
for-hire licenses.
(1) By March 1, 2006, the County Manager
shall cause a study to be performed and
completed to analyze the relative use of
4732.7
11 31-82
MIAMI-DADE COUNTY CODE
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 ex-
isting taxicab chauffeurs, recommenda-
tions on the formula to be used to estab-
lish the number of for-hire taxicabs, and
other matters related to taxicab use and
need. The scope of service will be devel-
oped with industry input.
(2) Public hearing. The commission shall hold
a public hearing to consider the County
Manager's report and the results of the
study required by Section 31-82(p)(1) to
determine the need for additional for-hire
taxicab licenses no later than June 2006.
The commission, by ordinance shall estab-
lish a formula for determining the num-
ber of for-hire taxicab licenses authorized
after January 1, 2007. In reaching its
decision, the commission shall consider
the results of the study required by Sec-
tion 31-82(p)(1), the recommendation of
the County Manager and all evidence
produced at the public hearing.
(q) All additional for-hire licenses to operate a
taxicab which are authorized pursuant to this
section shall be issued by the CSD in accordance
with the following procedures:
(1) Determination of eligibility to participate
in distribution of new taxicab for-hire li-
censes. Participation in the lottery or ran-
dom 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 hold-
ers of a Miami-Dade County for-hire taxi-
cab 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
Supp. No. 43
4732.8
process. Provided, however, in no event
shall such selection or process result in
any chauffeur, corporation, partnership
or any other entity in which such chauf-
feur has any interest being authorized to
operate more than one (1) for-hire license.
(2) Random selection or lottery. Where re-
quired by this chapter, a random selection
lottery process shall be conducted as de-
termined by the director. The random
selection or lottery process shall be con-
ducted by an individual who shall not
have responsibility for the enforcement of
this chapter. All fees and applications
must be received by the CSD no later than
fifty (50) calendar days after the announce-
ment of a lottery.
(3) Separate lottery conducted by CSD. If, due
to revocation, cancellation or lapse, the
total number of valid for-hire taxicab li-
censes is less than the total number au-
thorized, the CSD shall have authority to
issue sufficient new licenses to bring the
total issued up to the total authorized
utilizing the procedures of this section. In
such event, the applicable deadlines for
submission of applications and for con-
duct of the lottery may be administra-
tively determined by the director.
(4) Conditions for participating in random
selection or lottery process. In addition to
the requirements stated above, an appli-
cants shall pay a non-refundable fee to
participate in each random selection or
lottery process. Every application to par-
ticipate 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 process-
ing 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 taxi-
cab chauffeur's registration and (2) that
during the five (5) years prior to applica-
tion, the applicant has not had his or her
Miami-Dade County taxicab chauffeur's
registration suspended or revoked or has
not been found guilty afmore than five (5)
VEHICLES FOR HIRE
~ 31-82
violations of this chapter. The CSD shall
disqualify applicants who do not meet the
requirements of this section from partici-
pation in the lottery. The director's deci-
sion shall be final.
(5) Condition of all new taxicab licenses. It
shall be a condition of aU 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 individ-
ual name only. No new for-hire taxicab
license shall be assigned, sold or trans-
ferred during the five-year period follow-
ing the issuance of said license. Notwith-
standing the foregoing, a new taxicab
for-hire license may be transferred during
the five-year period following issuance
where the license is transferred involun-
tarily pursuant to Section 31-82(r) or due
to the death or incompetency of the for-
hire license holder, including an irrevers-
ible medical condition rendering the chauf-
feur unable to perform the duties of a
chauffeur, such as loss of sight, paralysis,
or a terminal illness. Where a new for-
hire license is revoked during the five-
year period immediately after the issu-
ance 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 CSD.
(1) County approval required. No for-hire taxi-
cab license shall be assigned, sold (either
outright or under a conditional sales con-
tract) or transferred without prior ap-
proval of the director. No approval here-
under shall be granted unless it has been
Supp. No. 43
4733
demonstrated that the assignee, pur-
chaser (conditional or outright), or trans-
feree 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 writ-
ten contract between the license holder
and assignee, purchaser or transferee dis-
closing the terms and conditions of the
proposed assignment, sale or transfer, in-
cluding the amount of compensation which
has been paid or is payable to the as-
signor, seller or transferor and any other
consideration given or to be given to the
assignor, seller or transferor in connec-
tion 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 pur-
poses of this section. Failure to comply
with this subsection will result in revoca-
tion 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 un-
satisfied judgment is on file with Miami-
Dade County against the licensed as-
signor, seller or transferor and the CSD
has been notified of said judgment. If an
appeal is pending from an unsatisfied
judgment, the CSD, in its discretion, may
permit such assignment, sale or transfer
provided the assignor, seller or transferor
files a bond in sufficient amount to satisfy
thejudgment. An assignment, sale or trans-
fer also may be permitted without filing
such bond provided that all judgment
creditors of unsatisfied j udgments file writ-
ten permission with the CSD. An assign-
ment, sale or transfer shall not be permit-
ted unless the assignee, purchaser or
transferee files a bond with the Clerk of
the Circuit and County Court to cover all
outstanding tort liabilities ofthe assignor,
~ 31-82
MIAMI-DADE COUNTY CODE
seller or transferor in excess ofthe amount
covered by the required commercial auto
liability insurance policy.
(3) Assignment, sale (conditional or outright)
and transfer to chauffeurs. Unless other-
wise provided, from the effective date of
this ordinance for-hire taxicab licenses
may only be assigned, sold (conditional or
outright) or transferred to a Miami-Dade
County registered taxicab chauffeur who:
(i) does not hold a Miami-Dade County
for-hire taxicab license; (ii) does not hold
any interest in a corporation, partnership
or other entity which holds a Miami-Dade
County for-hire taxicab license; and Wi)
meets the requirements provided in this
subsection and Section 31-82. Provided,
however, in no event shall an assignment,
sale (conditional or outright) or transfer
be approved if a chauffeur has any inter-
est (legal, equitable or beneficial) in any
other for-hire license. It shall be a condi-
tion of any license that the assignee, pur-
chaser or transferee shall actually drive
the taxicab authorized thereby one (1) out
of two (2) shifts per day on an average of
five (5) days per week and that the trans-
feree shall not enter into any agreement
to operate a taxicab under authority of
such license with any other person who
has any interest or ownership in another
for-hire license.
(4) Purchase by driver-owner of second for-
hire taxicab license. Notwithstanding any
provision to the contrary, a for-hire li-
cense holder who (i) is a registered chauf-
feur, (ii) holds only one (1) for-hire license
in his or her name, (iii) does not hold any
interest in a corporation, partnership or
other entity which holds a Miami-Dade
County for-hire license, and (iv) actually
drives the taxicab authorized thereby one
(1) out of two (2) shifts per day on an
average of five (5) days per week may
purchase a second for-hire license pro-
vided that said for-hire license holder
continues to drive one (l) of the two (2)
taxicabs authorized thereby one (1) out of
two (2) shifts per day on an average of five
Sllpp. No 43
4734
(5) days per week. Failure to comply with
the requirements of this subsection shall
subject said for-hire taxicab license to
suspension or revocation.
(5) Gift of for-hire taxicab license. Notwith-
standing any provision to the contrary, a
qualified taxicab for-hire license holder
may transfer a for-hire license as a gift
(i.e., without consideration) to an imme-
diate family member or another natural
person who: (i) does not hold a Miami-
Dade County for-hire taxicab license; (ii)
does not hold any interest in a corpora-
tion, partnership or other entity which
holds a Miami-Dade County for-hire taxi-
cab license; and (iii) meets the require-
ments of Section 31-82 with the exception
of the requirement that the transferee be
a Miami-Dade County registered chauf-
feur. As used herein, a "qualified taxicab
for-hire license holder" shall mean: (i) a
natural person who holds a taxicab for-
hire license in his or her name; (ii) a
natural person who, as of the effective
date of this ordinance, owns more than
fifty (50) percent of the shares of a corpo-
ration which holds a taxicab for-hire li-
cense in its name; or (iii) a natural person
who, as of the effective date of this ordi-
nance, holds more than a fifty (50) percent
interest in a partnership which holds a
taxicab for-hire license in its name. A
qualified taxicab for-hire license holder
who holds more than one (1) taxicab for-
hire license may transfer as a gift no more
than one (1) for-hire license to each mem-
ber of his or her immediate family and
may only transfer a for-hire license as a
gift to another natural person who is not
an immediate family member on one (1)
occasion during his or her lifetime. As
used herein, "immediate family member"
shall mean parents, spouse, children,
grandchildren or court-appointed legal
guardian of an immediate family member.
(6) Leasing the for-hire taxi license to other
for-hire taxi chauffeurs. Leasing of the
for-hire license to a Miami-Dade County
VEHICLES FOR HIRE
registered chauffeur shall be permitted if
the for-hire license holder complies with
the provisions of this chapter.
(7) Conditions of voluntary transfers.
(i) Any for-hire taxicab for-hire license
may only be transferred, sold or as-
signed in accordance with this sec-
tion.
(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 chauffeur's
registration must be paid or satis-
fied and all pending administrative
matters must be resolved; and (ii)
when seller owns two (2) or more
for-hire taxicab licenses, all outstand-
ing items/proceedings as stated in (i)
above shall be paid, satisfied or re-
solved.
(8) Conditions of involuntary transfers.
(i) An owner's interest in a for-hire taxi-
cab license may be revoked pursuant
to section 31-91. Upon a final order
of revocation where all appellate pro-
ceedings, if any, have been con-
cluded, the Clerk of the Circuit Court
of Miami-Dade County shall sell the
license at public auction to the high-
est and best bidder, who shall pay
the amount bid by a cashier's check
within seven (7) business days from
the time of sale. The proceeds from
the sale of such licenses, after de-
ducting 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 bal-
ance, 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 owner's interest in a for-hire taxi-
cab license may be transferred invol-
Supp. No. 43
4735
~ 31-82
untarily by a court of law and dis-
posed of by public or private sale in
the same manner as personal prop-
erty. However, upon such involun-
tary transfer, the license holder's li-
cense shall immediately be canceled
and a new license issued to the pur-
chaser or his, her or its vendee, pro-
vided that such purchaser or vendee
satisfies the bond requirements of
this section; except that if the invol-
untary 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 taxi-
cab 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 pro-
ceedings, if any, have been concluded
and upon actual notice to any
lienholder whose name is on file with
CSD.
(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 CSD,
the Department of State DCC Bu-
reau and the Clerk of the Circuit
Court of Miami-Dade County and
must (i) describe the collateral as a
"Miami-Dade County for-hire taxi-
cab 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 CSD shall be joined
as an indispensable party. All hold-
ers of liens or security interests se-
nior to the pledge, lien or security
~ 31-82
MIAlvIl-DADE COUNTY CODE
interest being foreclosed shall be
joined and deemed necessary parties
to the foreclosure.
(vi) Upon a judgment of foreclosure, the
clerk of the Circuit Court of Miami-
Dade County shall sell the license at
public auction, pursuant to chapter
45, Florida Statutes, to the highest
and 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 ex-
penses 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 proce-
dures or the judicial transfer of a
license shall not prevent the CSD
from suspending or imposing a civil
penalty or taking other administra-
tive action against the licensee of
record at the time of the alleged
violation. However, should the CSD
obtain a revocation of the license
against the previous licensee of
record, the revocation shall be effec-
tive 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 requiremen ts 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 Miami-Dade County
registered taxicab chauffeur who sat-
isfies the requirements of this sec-
tion. The transferee may continue
the operation of the taxicab during
the pendency of the application only
with prior approval of the CSD.
(9) Distribution from estate to a beneficiary.
(i) When a for-hire taxicab license or
stock in a corporation owning a for-
Supp. No. 43
4736
hire taxicab license is distributed
from an estate to a beneficiary by a
court of law, the transferee shall
submit to the CSD 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 comply-
ing with this article.
(ii) An executor or administrator may
continue the operation of a taxicab
only with prior approval of the CSD.
The executor or administrator shall
apply for such approval within sixty
(60) days of his or her appointment,
subject, however, to any further ex-
tension 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 CSD for good
cause shown.
(iii) Any benefiCiary who does not satisfy
the for-hire taxicab license require-
ments of section 31-82 for a volun-
tary transfer shall have ninety (90)
days in which to apply for CSD ap-
proval of the transfer of such license
to a Miami-Dade County registered
taxicab chauffeur who satisfies the
requirements of section 31-82. An
extension may be granted by the
CSD Director provided good cause be
shown.
(0) Conditional sales agreements.
(i) Where an interest in a for-hire taxi-
cab license is acquired through a
conditional sales agreement the fol-
lowing shall apply: (i) the parties
shall provide the CSD with a disclo-
sure statement indicating the terms
of the agreement within thirty (30)
days of the execution of the agree-
ment;
(ii) The seller shall be liable for any
fines or penalties imposed against
the taxicab license for violations oc-
VEHICLES FOR HIRE
~ 31-84
curring during the term of the agree-
ment, unless they are paid by the
purchaser; and
(iii) The seller shall notify the CSD 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 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 auto-
matic revocation of such license. Operations within
the thirty-day grace period provided in subsection
(i) shall not be counted for purposes of determin-
ing compliance with the requirements of the two
(2) preceding sentences.
(t) Reserved.
(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 CSD.
(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, S 1, 5-6-86;
Ord. No. 87-12, ~ 2, 3-17-87; Ord. No. 88-34, ~ 1,
5-3-88; Ord. No. 88-70, S 1, 7-19-88; Ord. No.
88-98, ~ 1, 10-4-88; Ord. No. 88-115, S 2, 12-6-88;
Ord. No. 88-118, S 2, 12-6-88; Ord. No. 89-44, ~ 1,
5-23-89; Ord. No. 89-107, {\ 1, 11-7-89; Ord. No.
89-117, S 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, S 2, 11-27-90; Ord.
No. 90-127, ~ 1, 11-27-90; Ord. No. 91-23, S 1,
2-19-91; Ord. No. 92-23, * 1, 4-7-92; Ord. No.
94-191, S 2, 10-7-94; Ord. No. 95-221, S 2,12-5-95;
Supp. No. 43
Ord. No. 98-105, S 1, 7-9-98; Ord. No. 00-68, {\ 1,
5-23-00; Ord. No. 00-139, 9 1, 11-14-00; Ord. No.
01-67, S 1,4-10-01; Ord. No. 01-178, ~ 1, 11-6-01;
Ord. No. 03-45, S 1,3-11-03; Ord. No. 04-103, ~ 1,
5-11-04)
Sec. 31-83. Chauffeur's registration.
It shall be unlawful for any person to drive a
taxicab or limousine 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. Effective
January 1, 2000, every initial taxicab chauffeur
shall be required to complete an apprentice pro-
gram as prescribed by the CSD.
(Ord. No. 81-85, * 3, 7-21-81; Ord. No. 84-36, S 1,
5-15-84; Ord. No. 85-106, 9 2,12-17-85; Ord. No.
86-34, S 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, S 1, 7-9-98)
Sec. 31-84. Duties of Consumer Services De-
partment.
(a) In addition to the duties and responsibili-
ties specified in this article, the CSD shall be
charged with the following duties and responsi-
bilities:
(1) Process, investigate and prepare all re-
ports required by this article.
(2) Investigate and prepare reports on al-
leged 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 an for-
hire licenses, passenger service company
registrations and chauffeurs' registra-
tions pursuant to the provisions of this
chapter, and maintain appropriate files
regarding same.
(6) Prepare and conduct or cause to be con-
ducted a training, orientation and appren-
4737
S 31-84
MIAMI-DADE COUNTY CODE
tice program for chauffeurs and a training
and orientation for for-hire license hold-
ers and passenger service companies.
(7) Develop and implement, in cooperation
with the industry, service expansion and
improvements.
(8) Provide technical assistance to the indus-
try.
(9) Create and render technical assistance to
a for-hire vehicle advisory group com-
prised of representatives from consumers,
the industry, transportation-related inter-
ests, municipalities and public interest
organizations.
(10) Develop a standardized reporting tech-
nique for operators after consultation with
a for-hire vehicle advisory group.
(11) Assign an exclusive number to be dis-
played on each for-hire vehicle operating
in Miami-Dade County.
(12) Provide a system to handle complaints of
municipal officials relating to for-hire ser-
vice within such municipalities and expe-
dite the solution of same.
(13) Perform any other functions assigned by
the County Manager.
(14) Coordinate cooperative enforcement activ-
ities with municipalities, including imple-
menting 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 pur-
suant to this article and provide the in-
dustry with at least ten (0) 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 establish-
ments in accordance with this article.
(7) Develop and implement a Taxicab Driver
Incentive Program. The Driver Incentive
Program shall be subject to approval of
Supp. No. 43
the Board of County Commissioners by
resolution. The incentive program shall
be developed to reward, among other
things:
(a) Driver courtesy and professional-
ism;
(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
Manager may promulgate further rules and reg-
ulations 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
Manager and approved by the Commission for
for-hire vehicles providing transportation of per-
sons 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. 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
4738
VEHICLES FOR HIRE
S 31-85
of each fee established hereunder shall be reason-
ably related to the cost of the services and regu-
lation provided therefor.
(Ord. No. 81-85, S 3, 7-21-81; Ord. No. 82-114, S 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)
Sec. 31-85. Rules for operation.
(a) Each operator shall adopt and use, after
approval by the CSD a uniform and decorative
color scheme for all taxicabs licensed pursuant to
this article which shall be yellow. The CSD 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 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 traf-
fic 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 posi-
tion 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 taxi-
cabs already at the stand. All taxicabs parked at
any designated public vehicle stand shall be con-
sidered 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 dailv
basis all manifests and trip sheets for each fo;-
hire motor vehicle. The operator shall furnish the
forms for each manifest to the chauffeur, which
forms shall be approved by the County. Operators
Stipp. No. 31
shall not destroy, mutilate, alter or otherwise
deface any daily manifests without CSD approval.
All manifests shall be available for inspection and
copying by the CSD or any police agency during
regular business hours and shall be retained for
one (1) year.
(f) Reserved.
(g) Each operator shall maintain accurate
records of all revenues, all associated expenses,
capital expenditures, and other financial and op-
erating information as may be required by the
CSD. The CSD 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 ex-
cept that they will become public records for the
purpose of rate hearings, revocation or suspen-
sion hearings, or, if required by the Board of
County Commissioners, for the purpose of approv-
ing or disapproving applications for new for-hire
licenses or transfers of for-hire licenses. Each
operator shall annually furnish financial and op-
erating information to the CSD on forms and in
the manner prescribed by the CSD.
(h) Reserved.
(i) Any for-hire motor vehicle not waiting em-
ployment or actually transporting paying passen-
gers 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 indi-
rectly 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 ho-
tel, motel, apartment, restaurant,
nightclub, bar, or any other business
establishment, or public facility. The
license or registration of any passen-
ger service company, for-hire license
holder or chauffeur violating this
provision shall be subject to suspen-
sion for up to six (6) months in
accordance with the provisions of
4739
~ 31-85
MIALvII-DADE COUNTY CODE
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 pas-
senger service company, for-hire li-
cense holder, chauffeur or any other
person for the right to pick up pas-
sengers or provide taxicab service
from any hotel, motel, apartment,
restaurant, nightclub, bar, or any
other business establishment or pub-
lic facility.
(k) Reserved.
lOrd. No. 81-85, ~ 3, 7-21-81; Ord. No. 81-29, S 2,
11-17-81; Ord. No. 81-130, ~ 1, 12-1-81; Ord. No.
87-12, S 2, 3-17-87; Ord. No. 98-105, * 1, 7-9-98;
Ord. No. 00-139, ~ 1, 11-14-00)
Sec. 31-86. Taximeters.
(a) Each taxicab shall be equipped with a
taximeter meeting the requirements described in
this article. All customer receipts, whether hand-
written or generated by a taximeter, 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 CSD. It shall be a
violation of this article for any operator or chauf-
feur to operate any taxicab unless and until its
taximeter has been inspected and certified as
operable and accurate by CSD and has affixed
thereto a current valid taximeter certification
label, sticker or decal.
(b) Each taxicab shall have its taximeter in-
spected before being placed in service and at least
once every twelve (12) months thereafter. The
CSD may require additional testing and inspec-
tion ~t any time. All taximeters passing inspec-
tion shall be sealed and a sticker placed thereon.
The result of each taximeter test or inspection
shall be recorded on forms provided by the CSD. 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 inspec-
tion. The for-hire license of any taxicab whose
Supp. 1\0. 31
taximeter fails inspection shall be automatically
suspended without hearing until the taximeter
has been repaired or replaced, and passed inspec-
tion.
(c) The face of every taximeter shall at all
times be visible from the taxicab's passenger
compartment and shall be illuminated so passen-
gers 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.
CD The amount of fare collected from any pas-
senger sball be that amount shown by the taxi-
meter, unless the passenger is being transported
at one 0) of the approved special service rates.
(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; pro-
vided, however, that a taxicab with a transferred
taximeter shall not be used to transport passen-
gers unless and until said taximeter has been
inspected, tested and sealed by the CSD.
COrd. No. 81-85, * 3, 7-21-81; Ord. No. 87-12, * 2,
3-17-87; Ord. No. 98-105, * 1, 7-9-98)
Sec. 31-87. Rate regulation.
(A) The provisions of this section shall be the
exclusive method for the establishment offor-hire
motor vehicle 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, es-
tablish, change, alter. amend, or otherwise regu-
late rates charged by the industry. All municipal
ordinances or resolutions to the contrary are
hereby superseded.
(B) It shall be unlawful for an operator or
chauffeur to charge, demand, request or accept
any fare other than the rates established pursu-
4740
VEHICLES FOR HIRE
~ 31-87
ant to this article. Rates established by this
article shall be applicable through Miami-Dade
County, both in the incorporated and unincorpo-
rated ares, without regard to any municipal bound-
anes.
(Cl Except as otherwise provided herein, the
Board of County Commissioners of Miami-Dade
County, Florida, shall establish all rates for taxi-
cabs and for-hire vehicles operating in Miami-
Dade County. From and after the effective date of
this article, rates shall be established, altered,
amended, revised, increased or decreased in ac-
cordance with the following procedures:
(1) The CSD, upon request of the Commis-
sion or the County Manager, shall inves-
tigate and prepare a report concerning
the existing rates. In the case of taxicab
rates, said investigation shall specify the
relative changes in the consumer price
index over the preceding two-year period
and shall quantify what rates would be if
the currently approved uniform taxicab
meter rates were adjusted for such change.
Such investigation shall also consider any
addit.ional matters, or review of special
service rates when requested by the Com-
mission or Manager. For ratemaking pur-
poses, the CSD 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 admin-
istrative and general expenses as pre-
scribed on CSD financial and operating
report forms.
(2) The CSD's report shall be forwarded to
the County Manager who shall prepare a
recommendation to the Board of County
Commissioners.
(3) A public hearing concerning rates shall be
scheduled. At such hearing, all interested
parties shall have an opportunity to be
heard. The Board of County Commission-
ers shall consider the CSD's report, the
County Manager's recommendation, and
SUjJjJ Nu. 31
all evidence produced at the hearing and,
by resolution, shall determine and set the
appropriate rates as may be in the public
interest. Appeals of the Board of County
Commissioners' decision shall be in accor-
dance 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 au-
thorize special service rates such as shared
rides, group rides, contract services, pre-
arranged 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) Operators who desire to provide service at
a rate other than that established under
the preceding provisions of this section
may request approval of such special rates
by filing an application with the CSD.
Within forty-five (45) days after receipt of
the request, the CSD shall conduct an
administrative hearing on the proposed
rate, after written notice to the public and
all operators, investigate the proposed
rate and forward its analysis and recom-
mendations to the County Manager. The
CSD shall, among other things, consider:
(a) The effect of the proposed rate on
increased public use of for-hire mo-
tor vehicles.
(bl The ability of the operator to provide
the proposed service.
(c) The operator's ability to manage the
proposed rates.
(d) All information contained in the rate
request application.
(e) Improved transportation in Miami-
Dade County.
(f) The economic impact on the industry
and the general public.
(6) The County Manager shall be authorized
to approve a per trip taxicab rate sur-
charge in addition to the existing rates
then in effect. Such surcharge shall be in
effect for a period up to six months unless
4741
~ 31-87
l\UAMI-DADE COUNTY CODE
extended by resolution of the Commis-
sion. Such surcharge, which is to be a
fIxed amount, may be imposed upon the
occurrence of an unforeseen change in
petroleum market conditions which, uti-
lizing the surcharge formula provided for
herein ("surcharge formula"), causes an
increase in the price of regular unleaded
gasoline of 30 cents or more during any
ninety (90) day period. The surcharge
formula is as follows: divide the fuel in-
crease per gallon of regular, unleaded
gasoline by the average number of taxicab
trips per gallon. The gasoline surcharge
shall be rounded up to the nearest penny.
Notice of a surcharge approved pursuant
to this section must be prominently dis-
played within the taxicab, as required by
regulations promulgated by CSD.
The County Manager is authorized to approve
proposed rates that result in lower fares being
charged by operators. All other proposed rates
must be reviewed and approved by the Commis-
SIOn.
Any approved special rates must be filed with
the CSD and be posted in each for-hire motor
vehicle of the operator for which said rate applies,
and copies provided to anyone requesting same.
All approved special rates may not be modified or
altered without prior written approval of the
County Manager, in the case of reductions, or the
Commission, in the case of increases. An operator
may eliminate special rate(s) by thirty (30) days'
advance notice to the CSD and posting thirty (30)
days' written notice of the changes in all vehicles.
lOrd. 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)
Annotation-CAO 76-2.
Sec. .31-88. Insurance requirements.
(a) No for-hire motor vehicle shall be permit-
ted to operate without the license holder or entity
providing passenger services having first ob-
tained and filed with the CSD a certificate of
insurance on forms provided by the CSD for each
for-hire motor vehicle showing the federal vehicle
identification number, a vehicle description and
Supp. No 31
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 fifty thousand
dollars ($50,000) per person, and one hundred
thousand dollars ($100,000) per occurrence for
bodily injury, and twenty thousand dollars ($20,000)
per occurrence for property damage. Additionally,
the certificate of insurance shall specify coverage
for complete 24-hour vehicle 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 prop-
erty damage coverage. Failure to provide current
certificates of insurance or to maintain appropri-
ate 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 provi-
sion requiring the insured to reimburse the insur-
ance company for claims.
(c) Each automobile liability insurance policy
shall be endorsed to provide for thirty (30) days'
notice by registered mail to the 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 furnishes the CSD with
satisfactory evidence of the required insurance
coverage prior to the expiration ofthe 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 CSD pending a hearing to
determine whether said for-hire license should be
revoked. This automatic suspension requirement
\vilI not pertain to a for-hire motor vehicle when
4742
VEHICLES FOR HIRE
~ 31-89
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 CSD
reserves the right to require submission of a
certified copy of or to examine the original policies
of insurance including but not limited to endorse-
ments, amendments, exclusions, riders, any addi-
tional contracts between the insured and the
insurer and applications to confirm the existence
of the required insured coverage.
(Ord. No. 81-85, S 3, 7-21-81; Ord. No. 87-12, S 2,
3-17-87; Ord. No. 88-34, ~ 3, 5-3-88; Ord. No.
89-44, S 1, 5-23-89; Ord. No. 96-114, S 1, 7-16-96;
Ord. No. 98-105, ~ 1, 7-9-98)
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 stan-
dards 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, ~perating per-
mit number, rate card, passenger
advisory and any additional informa-
tion as may be required shall be
Supp. No. 38
4743
displayed within the vehicle in accor-
dance with the instructions of the
CSD.
(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 be-
comes 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 inopera-
ble, the vehicle must be removed from
service until such system is repaired. Max-
imum output temperature will be based
on a sliding scale chart which takes out-
side air temperature and relative humid- '
ity 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 per-
sonal belongings.
(9) Equipped with hubcaps or wheelcovers,
on all four (4) wheels. Ifnot on vehicle, the
operator must put them on vehicle the
next day.
(10) Bumpers/moldings/guards shall be in-
stalled/ replaced as originally manufac-
tured except for moldings on side panel
doors.
9 31-89
MIAMI-DADE COUNTY CODE
(11) The interior of the trunk, or rear portion
offor-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 cover-
ings, damaged or broken seats, and pro-
truding 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 compart-
ment 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. Maxi-
mum 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 pro-
vided by test equipment readings for align-
ment.
(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, warn-
ing, 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 reg-
ulations. All dome lights must be operable
with lens in place.
(19) Reflectors and lenses shall not be cracked
aT missing and must be of correct color
and properly positioned.
(20) Headlights, low and high beam, shall be
operable, and within test equipment al-
lowable readings.
Supp. No. 38
(21) Glass shall not be broken or cracked and
chips must be capable of being ground
out, leaving a smooth, clear finish.
(22) Doors shall be operable with all weather
stripping and rubber seals.
(23) Vehicle steering and suspension shall be
functional.
(24) Seatbelts for all persons transported shall
be in place and functional, unless other-
wise exempted by regulation.
(25) Accessible vehicles shall have posted the
international symbol of accessibility for
disabled persons in the manner pre-
scribed by CSD 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 trans-
ported, four (4) points of securement of
latching or locking to the vehicle and the
wheelch::tir in which the passenger will
ride. The latching or locking devices shall
be designed to minimize any lateral, lon-
gitudinal, or vertical motion of the pas-
senger conveyance within the vehicle.
For each wheelchair passenger being trans-
ported, there shall be sufficient restrain-
ing belts or straps designed to securely
confine the passenger to the wheelchair in
which he or she is transported. The re-
straining belts or straps shall be utilized.
(26) Vehicles, otheT than taXicabs, used to trans-
port passengers shall not display the
word(si "taxicab," "taxi" or "cab" on the
vehicle exterioT or interior and shall not
be equipped with a taximeter.
(b) Taxicabs shall meet the following addi-
tional standards:
(1) The taxicab number, fares or rates, trade
name or business name and passenger
service company's telephone numbeT shall
4744
VEHICLES FOR HIRE
~ 31-89
be permanently affIxed to the exterior of
the vehicle in accordance with instruction
issued by the CSD.
(2) Vehicle exterior color scheme must be
approved by the CSD.
(3) The top and tell-tale lights must be oper-
able. 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 CSD and any display is
installed pursuant to instructions of the
CSD. 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 pro-
vided in Section 31-82 shall have a mobile
two-way radio, excluding CB radios, or a
cellular telephone, installed and operat-
ing properly in compliance with applica-
ble standards and requirements of the
Federal Communications Commission
(FCC).
(c) Reserved.
(d) The CSD shall conduct an annual taxime-
ter inspection for each taxicab and shall inspect
each vehicle for compliance with the foregoing
standards, and any other requirement or prohibi-
tion contained in this article other than stan-
dards, requirements or prohibitions relating to
taximeters, as provided below. The CSD shall
charge a fee for such inspections. In addition to
regular inspections, the CSD, 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 re-
quired by this article. The results of each inspec-
tion 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 vehide until
such time as the vehicle satisfactorily passes a
reinspection. The CSD shall charge a fee for such
Supp. No. 38
reinspection. 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 vehicle condi-
tion standards required by Section 31-89(a)(3),
(5), (6), (7), (8), (9), (10), (11), (12), (13) and (14),
Section 31-89(b)(I), (2), (3), t4) and (5) and Section
31-89(c)(1), (2) and (3) shall commence on May 1,
1995 and the quarterly inspection of each such
vehicle to determine compliance with the vehicle
safety and mechanical standards required by Sec-
tion 31-89(a)(1), (2) and (4) shall be reduced to
semi-annual inspection until July 1, 1998.
(e) Notwithstanding any other provision of this
article, from and after ninety (90) days after the
conduct of the lottery process, all taxicabs oper-
ated 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.
(D Taxicab vehicle age limits and inspection
schedules. Taxicab vehicle age limits and fre-
quency of for-hire inspections are as follows pro-
vided, however, that the CSD may inspect a
for-hire vehicle at any time. Any vehicle initially
placed into service shall not have been previously
used as a taxicab and shall be no greater than five
(5) model years of age. Any vehicle over eight (8)
years of age shall not be operated as a taxicab.
Notwithstanding the foregoing, any taxicab:
(1) Twelve (12) through fifteen (15) model
years of age as of the effective date of this
ordinance, which is being used as a taxi-
cab in Miami-Dade County on the effec-
tive date of this ordinance, may continue
to be operated until May 1, 1999;
(2) Nine (9) through eleven (11) model years
of age on the effective date of this ordi-
nance, which is being used as a taxicab in
Miami-Dade County on the effective date
of this ordinance, may continue to be
operated until May 1, 2000; and
(3) Six (6) through eight (8) model years of
age on the effective date of this ordinance,
which is being used as a taxicab in Miami-
Dade County on the effective date of this
ordinance, may continue to be operated
until December 31, 2000.
4745
~ 31-89
MIAMI-DADE COUNTY CODE
The grace period provided for in the preceding
sentence shall not apply to taxicabs operated
pursuant to the random selection process imple-
mented after the adoption of this ordinance. Taxi-
cabs shall minimally meet the following inspec-
tion schedule:
(1) Taxicabs 1 through 2 model years of age
shall be inspected annually;
(2) Taxicabs 3-through 4 model years of age
shall be inspected semi-annually;
(3) Taxicabs 5 model years of age or more
shall be inspected quarterly.
(g) Telecommunication devices for taxis. Begin-
ning January 1, 1999, all taxicabs shall have a
mobile two-way radio, excluding CB radios, or a
cellular telephone, installed and operating prop-
erly in compliance with applicable standards and
requirements of the Federal Communications Com-
mission and this chapter.
(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)
Sec. 31-90. Enforcement of article.
(a) This article shall be enforced by authorized
personnel of the CSD, 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 CSD shall
prepare and distribute to all authorized enforce-
ment pefsonnel an enforcement manual outlining
procedures for the detection, reporting and issu-
ance of citations or deficiency reports for viola-
tions of this article.
(b) The CSD may employ a deficiency or warn-
ing 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 8eC of the Code.
Supp. No. 38
(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 viola-
tion involving the vehicle under his control shall
be deemed notice to the operator.
(d) Whenever a corporation, partnership, Of
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 ofthe actions constituting in whole or in part
such violation, and any such officer, director,
partner, or agent may be fined in the same man-
ner and to the same extent as herein provided for
an individual.
(e) Notwithstanding the provisions of this sec-
tion, the Director may secure enforcement of the
provisions of this article by any legal action nec-
essary, such as application to any court for injunc-
tive relief or other appropriate relief.
(Ord. No. 81-85, S 3, 7-21-81; Ord. No. 87-12, ~ 2,
3-17-87; Ord. No. 94-15, ~ 3, 1-20-94; Ord. No.
98-105, S 1, 7-9-98)
Sec. 31-91. Suspension and revocation pro-
ceedings.
(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 reg-
istrations, operating permits, and chauffeur reg-
istrations shall be subject to suspension or revo-
cation 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 ad-
judication has been withheld) of any
criminal offense which would pre-
clude the issuance of the license,
registration or permit as provided in
this chapter;
4746
VEHICLES FOR HIRE
S 31-91
(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 pro-
vided, 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 requirement 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 CSD shall provide
notice of suspension or revocation to the violator
by certified mail ten nO) days before the violator
must comply with the director's decision.
(c) Appeals from decisions of director and ad-
ministrative 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 Direc-
tor. The named party shall elect to either:
(a) Comply with the Director's decision
in the manner indicated on the No-
tice 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 administra-
tive hearing shall be accomplished by
filing within ten (10) days after the date of
the decision complained of a written no-
Supp. No. 38
4747
tice 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 pre-
scribed time period shall constitute a
waiver of the person's right to an admin-
istrative hearing before the hearing of-
ficer. Where the Director's decision in-
volves 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 fur-
ther 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 hear-
ing 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.
VEHICLES FOR HIRE
(b) The hearing officer shall send a no- m
tice 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 lim- (g)
ited 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 in-
volving suspension or revocation, no- (h)
tice that failure of the named party
to attend the hearing shall be deemed
a waiver of the right to hearing and (i)
an admission of the acts specified in
the notice; and notice that requests
for continuances will not be consid- (j)
ered 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 hear-
ings on a monthly basis or upon the
request of the CSD. No hearing shall
be set sooner than fifteen (15) calen-
dar days from the date of notice of
the director's decision, unless other- (k)
wise prescribed by this chapter.
(d) A hearing date shall not be post-
poned 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 addi-
tional continuances shall be granted
without concurrence of the CSD.
(l)
(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 noti- (m)
fied, 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.
Supp. No. 24 4749
~ 31-91
The proceedings at the hearing shall
be recorded and may be transcribed
at the expense of the party request-
ing the transcript.
The Clerk of the Board of County
Commissioners shall provide clerical
and administrative personnel as may
be reasonably required by each hear-
ing officer for the proper perfor-
mance of his or her duties.
Each case before a hearing officer
shall be presented by the director or
his or her designee.
The hearing need not be conducted
in accordance with the formal rules
relating to evidence and witnesses.
Each party shall have the right: to
call and examine witnesses; to intro-
duce exhibits; to cross-examine op-
posing witnesses on any relevant
matter; to impeach any witness re-
gardless of which party first called
him or her to testify; and to rebut the
evidence against him or her. All rel-
evant evidence shall be admitted.
The hearing officer shall make find-
ings 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 pre-
ponderance of the evidence supports
the director's decision and, where
applicable, indicate that the named
party was responsible for the viola-
tion of the relevant section of the
Code as charged.
If the director's decision is affirmed
the named party may be held liable
for the reasonable costs of the admin-
istrative hearing.
The fact-finding determination of the
hearing officer shall be limited to
whether the alleged violation oc-
curred or whether competent, sub-
stantial evidence supports the
director's decisions. Based upon this
fact-finding determination, the hear-
~ 31-91
MIAMI-DADE COUNTY CODE
ing officer shall either affirm or re-
verse the decision of the director. If
the hearing officer affirms the deci-
sion 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 re-
verses 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 hear-
ing officer reverses the decision of
the director, the named party shall
not be required to comply with the
decision ofthe director, absent rever-
sal of the hearing officer's 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 hear-
ing.
(c) Date for compliance, if applica-
ble.
(n) The hearing officer shall have the
power to:
(a) Adopt procedures for the con-
duct of hearings;
(b) Subpoena alleged violators and
witnesses for hearings; subpoe-
nas may be served by the Miami-
Dade County Sheriffs Depart-
ment 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
Supp. No. 24
with the procedures and within the
time provided by the Florida Rules
of Appellate Procedure for the re-
view of administrative action.
(b) Unless the findings of the hearing
officer are overturned in a proceed-
ing held pursuant to section 31-
91(c)(6), all findings of the hearing
officer shall be admissible in any
further proceeding to compel compli-
ance with the director's decision.
(7) Nothing contained in this chapter shall
prohibit Miami-Dade County from enforc-
ing the Code by any other means autho-
rized by law. The enforcement procedures
outlined herein are cumulative to all oth-
ers and shall not be deemed to be prereq-
uisites to filing suit for the enforcement of
any section of this Code. The words "ac-
tion" 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 deci-
sion 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)
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 provi-
sion of this article by a for-hire license holder,
registered passenger service company or regis-
tered 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 com-
pany registration, operating permit and chauf-
feur registration and all for-hire operations stall
cease until such fine is paid in full. If a person
4750
VEHICLES FOR HIRE
~ 31-93
commits five (5) violations of the same section of
this chapter during any twelve-month period,
such person's for-hire license, passenger service
company registration, operating permit 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 or
chauffeur's registration may be suspended for a
period of up to six (6) months or revoked.
(b) Failure to correct items recorded on a defi-
ciency 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 transporta-
tion, passenger services, or driving or operating a
for-hire vehicle without having a valid, current
for-hire license, passenger service company regis-
tration, operating permit or chauffeur's registra-
tion as required by this chapter shall be punish-
able 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 pro-
cedure.
(e) Anyone who engages a for-hire vehicle with
intent to defraud the chauffeur or operator shall
be in violation of this article and subject to a fine
of five hundred dollars ($500.00> and/or imprison-
ment not to exceed ten nO) days.
(D Any person who is found guilty of signing
an application for issuance, renewal, modifica-
tion, assignment, sale or transfer of a for-hire
license, passenger service company registration,
chauffeur registration or operating permit which
falsely states any material fact shall be punished
Snpp. No. 43
by a fine of one thousand dollars ($1,000.00) and
imprisonment in the County Jail for thirty (30)
days.
(Ord. No. 81-85, ~ 3, 7-21-81; Ord. No. 87-12, 9 2,
3-17-87; Ord. No. 89-44, ~ 1, 5-23-89; Ord. No.
90-74,9 1, 7-24-90; Ord. No. 94-15, ~ 3, 1-20-94;
Ord. No. 98-105, S 1, 7-9-98)
Sec. 31-93. 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 trans-
portation services in Miami-Dade County. Not-
withstanding the provisions of any municipal
ordinance, resolution or agreement to the con-
trary, 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. Reg-
ulations established by this article shall be uni-
form throughout Miami-Dade County both in the
incorporated and unincorporated areas without
regard to municipal boundaries. All municipal
ordinances or resolutions to the contrary are
hereby superseded and rescinded.
(b) Any taxicab licensed pursuant to Section
31-82 of this article and meeting all standards set
forth in Section 31-89 of this article shall be
authorized to provide transportation of persons
and their baggage from Miami International Air-
port and from the Port of Miami upon compliance
with reasonable and nondiscriminatory terms,
conditions and fees, as established by the County
Manager. The transportation of persons and bag-
gage from Miami International Airport or from
the Port of Miami shall constitute an agreement
by the operator that he will conform and cause the
chauffeur driving such taxicab to conform to such
terms, conditions, and fees.
(c) Underserved taxicab service area.
(1) An underserved taxicab service area is
hereby established. For purposes of this
subsection, an "underserved taxicab ser-
vice area" means the economically disad-
vantaged area in Miami-Dade County that
is bounded on the north by N.W. 79th
Street, on the south by N.W. 7th Street, on
the east by Miami Avenue and on the west
4751
* 31.93
MIAMI-DADE COUNTY CODE
by N.W. 27th Avenue. For purposes of this
subsection, an "underserved area taxicab"
means a taxicab where: (a) the for-hire
license holder has entered into a passen-
ger 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) per-
cent 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
CSD as an underserved area taxicab. Any
for-hire license holder who seeks to be
designated as an underserved area taxi-
cab shall complete and submit a form
provided by CSD documenting compli-
ance with the provisions of this subsec-
tion 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 pro-
vided by CSD documentation demonstrat-
ing continuing compliance with the re-
quirements of this subsection. Failure of
the underserved area taxicab for-hire li-
cense holder to comply with any of the
provisions of this subsection shall result
in the suspension or revocation of autho-
rization to operate as an underserved
area taxicab.
(2) In each of the calendar years 2004, 2005
and 2006, an additional six (6) for-hire
taxicab licenses shall be issued annually
through a separate lottery pursuant to
Section 31-82(0)(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 pas-
sengers in an underserved taxicab service
area only; and (ii) the chauffeur shall
enter into a passenger service company
agreement with a passenger service com-
pany which has its principal place of bus i-
ness in an underserved ta.xicab service
Supp. No. 43
area. Any chauffeur issued a for-hire taxi-
cab license pursuant to this subsection
shall not transfer the taxicab license for a
period of five (5) years after the initial
issuance of the license. Any transfer of an
underserved taxicab license shall only be
made to a qualified chauffeur who meets
the requirements of this subsection. The
price for an underserved taxicab area
for-hire license issued pursuant to a lot-
tery shall be fifteen thousand dollars
($15,000.00). The County Manager shall
perform a study within 120 days from the
effective date of this ordinance to evalu-
ate whether the underserved area taxi-
cabs are adequately serving the needs of
residents and visitors to the service area
during the evening hours.
(3) Notwithstanding any provision to the con-
trary, a taxicab that satisfies the require-
ments of either Subsection (c)(1) or (c)(2)
shall meet the following vehicle age re-
quirements: any vehicle initially placed
into service shall not have been previ-
ously used as a taxicab and shall be no
greater than eight (8) model years of age.
Any vehicle over ten (10) years of age
shall not be operated as a taxicab.
( 4) Notwithstanding any provision to the con-
trary, a taxicab that satisfies the require-
ments of either subsection (c)(l) or (c)(2)
may utilize a color scheme approved by
the Director of CSD which does not satisfy
the requirements of Section 31-85 (a) per-
taining to uniform color scheme.
(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. 136 Street. In each
of the calendar years 2004, 2005 and 2006, seven
(7) additional for-hire taxicab licenses shall be
issued annually through a separate lottery, pur-
suant to Section 31-82 (0) (2), to qualified chauf-
feurs 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. Any chauffeur issued a for-hire
4752
VEHICLES FOR HIRE
~ 31-94
taxicab license pursuant to this subsection shall
not transfer the taxicab license for a period of five
(5) years after the initial issuance of the license.
Any transfef of a South Miami-Dade taxicab
service area license shall only be made to a
qualified chauffeur who meets the requirements
of this subsection. 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).
(Ord. No. 81-85, S 3, 7-21-81; Ord. No. 81-116, ~ 1,
10-26-81; Ord. No. 83-2, 9 1, 1-18-83; Ord. No.
84-17, S 1,2-2-84; Ord. No. 85-40, ~ 2, 6-6-85; Ord.
No. 88-70, 9 1, 7-19-88; Ord. No. 88-118, ~ 2,
12-6-88; Ord. No. 90-7, 9 1, 2-6-90; Ord. No.
98-105, 9 1, 7-9-98; Ord. No. 99-71, ~ 1, 6-22-99;
Ord. No. 01-177, 9 1, 10-23-01; Ord. No. 04-103,
S 1, 5-11-04)
Sec. 31-94. Seizure, impoundment and for-
feiture.
(A) Seizure. Police officers or such other em-
ployees as may be designated by the County
Manager 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 violated of Section 31-82(a) of Article
II of Chapter 31 of the Miami-Dade County Code.
A vehicle seized in accordance with this subsec-
tion shall be removed to a designated secured
facility.
(B) Notice of seizure.
(1) Within twenty-four (24) hours of a sei-
zure, as described in Section 31-94(A), a
police officer Of 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 con-
cerning these regulations and the desig-
nated secured facility to which the vehicle
was or will be taken. A copy of said notice
of seizure shall also be given to the pro-
prietor of such secured facility.
Supp. No. 43
(2) Whenever an officer or designated em-
ployee 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 pro-
vided, 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 Satur-
days, Sundays and legal holidays, a magistrate,
as provided in F.S. 9 318.32, 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 CSD Director,
shall conduct the hearing within twenty-four (24)
hours or as soon as practicable, excluding Satur-
days, 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 admissi-
ble. 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 prob-
able 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 impound-
ment 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,
4753
~ 31-94
MIAMI-DADE COUNTY CODE
after the hearing, it is determined that there is
probable cause to believe that the vehicle is sub-
ject to forfeiture proceedings pursuant to Section
31-94(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 or other charging instrument. The
hearing shall be conducted within thirty (30) days
after the vehicle was seized or as SOon as practi-
cable. The hearing shall be conducted by a mag-
istrate, 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 enforce-
ment 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 stor-
age 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 stor-
age 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,
Supp. No. 43
the owner shall be responsible for any
further storage fees, and payment of such
fees shall he made before the release of
the vehicle.
(4) A vehicle shall not be released from stor-
age prior to the scheduled hearing speci-
fied 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 para-
graph (1) or (2) ofthis 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 31-94 herein concern-
ing abandoned vehicles. The respondent
may comply with the default determina-
tion within seven (7) calendar days of
such mailing or move to vacate such de-
fault determination. In the event that
such default determination is vacated,
the respondent shall be entitled to a hear-
ing de novo on the original complaint/
arrest affidavit, field enforcement report
or other charging document. Such hear-
ing shall he schedule within ten nO) work-
ing 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
4754
VEHICLES FOR HIRE
~ 31.94
Section 31-94(G) ofthe 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 judi-
cial determination.
(2) Determination by the CSD Director. The
Director of the CSD shall determine
whether to pursue the remedy of forfei-
ture. 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 accor-
dance with this section. This section does
not prohibit use or operation necessary
for reasonable maintenance of seized ve-
hicles. 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 hear-
ing 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 CSD or other autho-
rized 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
Supp. No. 23
4754.1
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 hear-
ing 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 or-
der the property restrained by the least
restrictive means to protect against dis-
posal, waste, or continued illegal use pend-
ing disposition of the forfeiture proceed-
ing. 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 prohibi-
tion 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 jurisdic-
tion of the court;
(d) Has been substantially diminished
in value by any act or omission ofthe
person in possession of the property;
or
(e) Has been commingled with any prop-
erty which cannot be divided with-
out difficulty.
(6) Exceptions.
(a) No vehicle shall be forfeited under
the provisions of this section if the
S 31-94
MIAMI-DADE COUNTY CODE
owner of such vehicle establishes by
a preponderance of the evidence that
she or he neither knew, nor should
have known after a reasonable in-
quiry, 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 provi-
sions 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 prop-
erty 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 im-
plied consent, and that the lien had
been perfected in the manner pre-
scribed by law prior to such seizure.
(c) No vehicle which is rented or leased
from a company engaged in the busi-
ness of renting or leasing vehicles
shall be forfeited under the provi-
sions 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 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 nei-
ther knew, nor had reason to know,
Supp. No. 23
4754.2
after reasonable inquiry, that such
property was used or was likely to be
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 inter-
est, 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 offor-hire motor vehi-
cles to violate Section 31-82(a) of the
Code while protecting proprietary in-
terests 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 be-
fore the court conducting the forfei-
ture 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 ve-
VEHICLES FOR HIRE
hicle). The complaint shall con-
tain a brief jurisdictional state-
ment, 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 ver-
ified supporting affidavit.
(ii) If no person entitled to notice
requests an adversarial prelim-
inary hearing, as provided in
Section 31-94(G)(3), the court,
upon receipt of the complaint,
shall review the complaint and
the verified supporting affida-
vit to determine whether there
was probable cause for the sei-
zure. Upon a finding of proba-
ble cause the court shall enter
an order showing the probable
cause finding.
(iii) The court shall require any
claimant of a vehicle who de-
sires to contest the forfeiture to
file and serve upon the attor-
ney representing Miami-Dade
County any responsive plead-
ings and affirmative defenses
within twenty (20) days after
receipt of the complaint and
probable cause finding.
(D (i) Miami-Dade County shall serve
notice of the forfeiture com-
plaint by certified mail, return
receipt requested, to each per-
son having a security interest
in the vehicle. Miami-Dade
County shall also publish no-
tice of the forfeiture complaint
twice each week for two (2)
consecutive weeks in a newspa-
per of general circulation in Mi-
ami-Dade County.
(ii) The notice shall, in addition to
stating that which is required
by Section 31-94(G)(3) describe
Supp. No. 23
4754.3
~ 31-94
the property; state the county,
place, and date of seizure; state
the governmental entity hold-
ing 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 tQ
the conclusion of the forfeiture pro-
ceeding, the settlement agreement
shall be reviewed, unless such re-
view is waived by the claimant ofthe
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 of subsequent viola-
tion of Section 31-82(a) of the Code
on at least three (3) separate occa-
sions within a thirty-six-month pe-
riod, where all of such violations
were committed on or after the effec-
tive date of this section, the court
shall order the seized property for-
feited to Miami-Dade County. As used
in this subsection, a "violation" oc-
curs when a person or entity pleads
guilty or nolo contendere or is con-
victed 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
~ 31-94
MIAMI-DADE COUNTY CODE
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 per-
son entitled to possession of the
property as determined by the
court when the claimant pre-
vails at the conclusion of the
forfeiture proceeding, and Mi-
ami-Dade County decides not
to appeal.
(ii) When the claimant of the vehi-
cle 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, Mi-
ami-Dade County shall imme-
diately release the seized prop-
erty to the person entitled to
possession of the property as
determined by the court. .
0) Disposition offorfeited 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 auc-
tion or by sealed bid to the
highest bidder; or
(iii) Salvage, trade, or transfer the
vehicle to any public or non-
profit organization.
(k) Disposition offorfeited 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 pro-
ceeds being used towards satis-
faction of any liens; or
(ii) Have the lien satisfied prior to
taking any action authorized
by Section 31-94(G)(7)(j).
Supp. No. 23
4754.4
(1) Priority of disbursement. The pro-
ceeds from the sale of a forfeited
vehicle shall be disbursed in the fol-
lowing 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 con-
nection with the storage, main-
tenance, security, and forfei-
ture 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 Com-
missioners. 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 stor-
age 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 ob-
taining 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 after notice of a default deter-
VEHICLES FOR HIRE
~ 31-100
mination 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 pur-
suant 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 CSD to the owner that the
County will not pursue the remedy
offorfeiture pursuant to Section 31-94
herein.
(3) In the event that a vehicle has been
deemed abandoned pursuant to para-
graphs (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 vehi-
cle.
(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 declara-
tion of abandonment by a circuit court
judge. The CSD may sell an abandoned
vehicle at public auction or by bid. Pro-
ceeds shall be paid into the Enforcement
Trust Fund.
(Ord. No. 98-3, S 1, 1-13-98; Ord. No. 98-105, ~ 2,
7-9-98)
Supp. No. 24
Sees. 31-95-31-98. Reserved.
Sec. 31-99. Advertisement of for-hire ser-
vices.
(a) No person may knowingly place or publish
an advertisement in any publication which is
primarily circulated, displayed, distributed or mar-
keted within Miami-Dade County, Florida, which
advertisement identifies for-hire transportation
regulated by this article, unless the advertise-
ment includes the for-hire license number or
passenger service company number.
(b) For the purposes of this section, any adver-
tisement shall be defined to include anyannounce-
ment, listing, display, entry or other statement of
whatever nature or kind, and specifically to in-
clude a name and address or telephone number
placed under a heading where the heading de-
scribes or encompasses any for-hire transporta-
tion regulated under this article.
(c) No person shall advertise a rate or fare
other than the rate or fare approved pursuant to
Section 31-87.
(Ord. No. 98-105, ~ 1, 7-9-98)
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.
See. 31-100. Passenger service companies.
(a) Prohibition against unauthorized opera-
tions. No person or entity shall provide taxicab
passenger services on behalf of a for-hire license
holder without such person or entity first obtain-
ing a Miami-Dade County passenger service com-
pany registration and maintaining such registra-
tion current and valid in accordance with this
article. A taxicab for-hire license holder may pro-
vide passenger services without obtaining a reg-
istration ifhe, she or it only provides said services
for a taxicab(s) operated pursuant to a for-hire
license(s) issued to said for-hire license holder
and complies with all other requirements of this
section.
(b) Taxicab passenger serlJices. Taxicab passen-
ger services provided by a passenger service com-
pany or for-hire license holder shall minimally
include, but not be limited to, the following:
providing for-hire vehicle color schemes and mark-
4755
~ 31-100
MIAMI-DADE COUNTY CODE
ings; providing two-way radio or cellular tele-
phone dispatch services, maintenance and adver-
tising of a telephone number for receiving all calls
related to for-hire taxi services; handling passen-
ger 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 appli-
cant, and shall be filed with the CSD together
with a non-refundable investigative and process-
ing fee. The application shall be on a fonn pro-
vided by the CSD and shall contain all infonna-
tion required thereon, including:
(1) Full legal name, mailing address and busi-
ness telephone number, federal identifica-
tion number of all partners of a partner-
ship and of all directors, officers, resident
agents and stockholders who hold five (5)
percent or more of the issued and out-
standing shares of the corporation. The
applicant shall disclose the foregoing in-
formation for any person who has an
interest (legal, equitable, beneficial or oth-
erwise) 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 County; shall be in compliance with
applioable zoning requirements for its op-
erations; and shall have a properly listed
telephone number for receiving all c'llls
relating to for-hire vehicle service. 1
(3) A record of all crimes of which any part-
ner, director, officer or stockholder has
pled nolo contendere, pled guilty, been
found guilty or been convicted. The appli-
cant shall have his or her fingerprints and
photographs taken by the Metro-Miami-
Dade Police Department. This informa-
tion 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
Supp. No. 24
outstanding shares of the corporation shall
not be required to comply with the require-
ments of this subsection.
(4) A current, valid occupational license and
a current fictitious name registration.
(5) Three (3) Miami-Dade County written
credit references, including at least one
(1) bank where the applicant has a cur-
rent account and a certified financial state-
ment.
(6) 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 mainte-
nance facilities and vehicle mainte-
nance program, if applicable;
(iii) A description of the system for han-
dling complaints, accidents and prop-
erty left by a passenger in the for-
hire vehicle;
(iv) A description of the quality assur-
ance program which will be utilized
to assure delivery of service to pas-
sengers;
(v) A description of the system for han-
dling insurance requirements under
this chapter;
(vi) A description of the radio or cellular
telephone dispatch system, as re-
quired including procedure for receiv-
ing passenger calls, dispatching calls,
and maintaining required records;
(vii) A copy of the passenger service agree-
ment forms which it proposes to ex-
ecute with for-hire license holders
and chauffeurs;
(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 passenger
service applicant. The CSD shall investigate each
application. The director may issue or refuse to
issue such registration on such terms and condi-
4756
VEHICLES FOR HIRE
~ 31-100
tions 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 mate-
rial fact on his/her/its application;
(2) Is an alien who is not duly authorized to
work by the immigration laws or the
Attorney General of the United States;
(3) Is a user of alcohol or drugs whose current
use would constitute a direct threat to
property or the safety of others;
(4) Has 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;
(5) Has pled nolo contendere, pled guilty,
been found guilty or been convicted of any
crime wherein a for-hire vehicle was em-
ployed 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, homi-
cide, 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 re-
striction 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 requirements of this chapter;
(9) If the person is a corporation or partner-
ship, a stockholder, officer, director, or
partner thereof and has committed an act
or omission which would be cause for
Supp. No. 24
denying a passenger service company reg-
istration to the officer, director, stock-
holder, or partner as an individual;
(10) Failed to comply with the terms of a cease
and desist order, notice to correct a viola-
tion or any other lawful order of the
director;
(11) Has any unsatisfied civil penalty or judg-
ment relating to for-hire operations;
(12) Is not located in Miami-Dade 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 misde-
meanor (regardless of whether adjudica-
tion is withheld) involving moral turpi-
tude relating to sex; or
(14) 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 passenger ser-
vice 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 require-
ments of this article for each vehicle it
operates, if applicable;
(3) Has entered into a passenger service agree-
ment with the for-hire license holder for
each for-hire vehicle it operates;
(4) Has entered into a chauffeur's agreement
with each chauffeur who operates or drives
a for-hire vehicle for which the passenger
service company provides passenger ser-
VIces;
(5) Maintains a quality assurance program
including regular training for all affili-
ated chauffeurs;
4757
~ 31-100
MIAMI-DADE COUNTY CODE
(6) Provides a radio or cellular telephone
dispatch system.
(f) Issuance and replacement of passenger ser-
vice company registration.
(1) Issuance. Each passenger service com-
pany registration shall be on a form pro-
vided by the CSD and shall be Signed by
the director. Each registration shall, at
minimum, contain the legal name of the
applicant, any fictitious name to be uti-
lized, 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 limita-
tions as are imposed during the approval
process.
(2) Replacement. The director shall issue a
replacement registration to any registra-
tion holder upon application, payment of
a non-refundable replacement fee and pre-
sentation of proof of or a sworn affidavit
that the license has been lost or stolen.
(g) Expiration of and renewal process for pas-
senger service company registration. Passenger
service company registrations may be issued for
such periods as specified in the administrative
order establishing the fees. The CSD may estab-
lish staggered registration terms to ease the ad-
ministration 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. No registra-
tion shall be renewed for an applicant who does
not have at least one (1) current, valid passenger
service agreement in effect. 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. Passen-
ger service company registrations shall not be
Supp. No. 24
sold, transferred, assigned or leased. Any change
in control or ownership of a passenger service
company registration shall immediately termi-
nate the registration and a new passenger service
company application shall be filed. The passenger
service company may continue to operate pro-
vided that such application has been filed with
the CSD 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 agree-
ment with for-hire license holder. Each passenger
service company shall enter into a separate writ-
ten passenger service agreement with the for-hire
license holder for each vehicle operated in accor-
dance 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 ad-
dress (post office boxes shall not be accept-
able), license and registration numbers;
(4) Shall state and itemize the compensation
to be paid by the passenger service com-
pany 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 pas-
senger service company which is not spec-
ified 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 li-
cense holder and the passenger service
company; and
4758
VEHICLES FOR HIRE
~ 31-100
(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 chauf-
feur it allows to operate any for-hire vehicle for
which the passenger service company provides
passenger services. The written chauffeur's agree-
ment:
(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 ad-
dress (post office boxes shall not be accept-
able) 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. 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 specifi-
cally 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, pay-
ment amount and form of payment uti-
lized, date of payment and the period
covered by the payment;
Supp. No. 38
(5) Shall state whether the passenger service
company or the license holder shall be
responsible for obtaining the required in-
surance 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.
(k) Rules of operation. Passenger service com-
panies 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 sub-
stituted for the phrase "passenger service compa-
ny" where this chapter authorizes a for-hire li-
cense 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) Shall maintain for a one-year period and
make available for inspection by police
and enforcement personnel a copy of the
passenger service agreement with any
for-hire license holder and any chauffeur
and a copy of the agreement between the
for-hire license holder and chauffeur;
(3) Shall comply with all terms of both the
passenger service agreement and the chauf-
feur agreement;
(4) Shall maintain a record of all requests for
service for each passenger transport re-
quest received by telephone or made in
writing which shall minimally include the
following information: name of passenger
requesting service, assigned vehicle num-
ber, 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
4758.1
~31-100
MIAMI-DADE COUNTY CODE
must be made available for inspection and
copying within one (1) business day of
such request by the CSD or any police
agency during regular business hours and
shall be retained for one (1) year;
(5) Shall maintain a log of all customer com-
plaints;
(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 per-
son requesting service;
(8) Shall hold any personal property depos-
ited 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 depos-
ited at the lost and found facility shall be
kept for at least one (1) year; and
(9) Shall comply with all applicable obliga-
tions of the for-hire license holder when
acting as his, her or its agent.
(1) Responsibility for violations of chapter. The
holder of a passenger service company registra-
tion 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 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)
Supp. No. 38
4758.2
ARTICLE llI. PASSENGER MOTOR
CARRIERS'"
Sec. 31-101. Transportation policy.
To assure the development and maintenance of
a safe, healthy and efficient passenger transpor-
tation system for Miami-Dade County, the Com-
mission, County Manager and County staff, in
carrying out the duties and responsibilities pre-
scribed 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 trans-
portation modes, so as to provide trans-
portation services at competitive prices.
(2) Coordination of regulatory decision-mak-
ing 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 regu-
latory 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, pred-
atory or anticompetitive practices.
(6) Reduction of restrictive regulatory barri-
ers to entry into the industry and promo-
tion 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 transporta-
tion needs.
"Editor's note-Ord. No. 81-17, adopted Feb. 17, 1981,
did not specify manner of codification; therefore, inclusion of
~9 2-16 as Art. III, 99 31-101-31-115, has been at the editor's
discretion.