Miami-Dade Legislative Item
File Number: 111536
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File Number: 111536 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: AMENDING CH. 31 OF CODE RE: TAXICAB FOR-HIRE MOTOR VEHICLES Introduced: 7/12/2011
Requester: NONE Cost: Final Action:
Agenda Date: 7/19/2011 Agenda Item Number: 7A
Notes: SEE 112613 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO TAXICAB FOR-HIRE MOTOR VEHICLES; PROVIDING FOR LOTTERY OF SPECIFIED NUMBER OF TAXICAB FOR-HIRE LICENSES; LIMITING PARTICIPATION IN LOTTERY TO SPECIFIED CHAUFFEURS WHO ARE VETERANS OF THE UNITED STATES ARMED FORCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 110411]
Indexes: ORDINANCE AMENDING
  TAXICAB
  VEHICLES FOR HIRE
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/19/2011 7A Amended
REPORT: See Agenda Item 7A AMENDED, Legislative File No. 112613.

County Attorney 7/12/2011 Assigned Gerald K. Sanchez

Regional Transportation Committee 7/11/2011 1E1 AMENDED Forwarded to BCC with a favorable recommendation as amended P
REPORT: Assistant County Attorney Bruce Libhaber read into the record the titles of Items 1E1, 1E2, and 1E2 Substitute. The foregoing proposed items were considered simultaneously. Upon the opening of the public hearing by Chairman Barreiro, the following persons appeared before the Committee to speak and have their concerns addressed: 1. Mr. Diego Feliciano, President of the South Florida Taxicab Association 2. Mr. John Valdes, 5590 SW 5 Terrace, Miami, Florida 3. Mr. Jerry Moskowitz, 2284 NW 36 Street, Miami, Florida, owner of Moskocab, Inc. 4. Mr. Peter West, 430 72nd Street #8, Miami Beach, Florida 5. Reverend Raymond Francois, 11970 NE 16 Avenue, Miami, Florida, representing the New Vision Taxi Drivers Association of Miami, Inc. 6. Mr. Jackson Rip Holmes, representing the Senior Taxi Drivers 7. Mr. Niaz Mohammed, representing the Senior Taxi Drivers 8. Mr. Salomon Cenord, 240 NE 152 Street, Miami, Florida 9. Mr. Ron Haskell, 2840 Terrace Street, Hollywood, Florida 10. Mr. Robert Puentes 11. Mr. Fronel Jeremi, 12930 NW 21 Avenue, Miami, Florida 12. Mr. Mario Antonio Machado, 4440 NW 9 Street #1, Miami, Florida 13. Mr. Angus Murray, 199 NW 79 Street, Miami Springs, Florida, owner of Miami Springs Taxi, Inc. Mr. Feliciano spoke on behalf of the South Florida Taxicab Association and advised the taxicab industry supported setting aside the taxicab medallions for veterans. Mr. Valdes and Moskowitz spoke on the issue of inheritance and requested heirs of taxicab medallions be allowed to inherit more than one taxicab medallion. Mr. Rip Holmes and Mr. Mohammed requested that senior taxi drivers be given the taxicab medallions designated for veterans. Reverend Francois spoke in opposition of setting aside taxicab medallions for veterans. Mr. Cenord and Mr. Haskell spoke in opposition of Items 1E1 and 1E2. Mr. Puentes spoke in opposition to the technological requirements imposed by the proposed ordinance. Mr. Jeremi spoke on the poor working conditions of the taxicab drivers and requested assistance from the Committee for improvements in the taxicab industry. Mr. Machado spoke against increasing the current number of taxicabs operating and requested senior taxicab operators be provided assistance to resolve the problems. Mr. Murray advised Miami Springs Taxi was operating a pilot program to install credit card readers and meter readers with Global Positioning Dispatch Systems (GPS) free of charge to drivers. He noted Central Cab had installed the GPS technology for safety oriented features and to monitor speed limits due to the high number of car accidents. He noted that taxicab operators were not being charged for the installation of the equipment, and the installation of technological advancements had the long-term goal of increased profits. Chairman Barreiro closed the public hearing. Mr. Mario Goderich, Deputy Director of the Consumer Services Department, explained the provisions of all three proposed ordinances under consideration by the Committee. Commissioner Heyman expressed her concern for the price established for the specified number of taxicab medallions designated for veterans and noted that the price had been set too low for such a competitive item with an estimated market value of $190,000. She advised she supported requiring taxicab operators to have installed the taxicab meters, the digital security camera system, and the credit card readers. Pursuant to Commissioner Heyman’s inquiry, Mr. Goderich advised that the proposed ordinances had a Sunpass requirement. Commissioner Heyman asked that the Deputy Director of the Consumer Services Department to work with the County Attorney’s Office to review the feasibility of including a provision in this proposed ordinance to waive the administrative fee charged for Toll by Plate Services for taxicab operators. In respect to Agenda Items 1E2 and 1E2 Substitute as it related to the provision on digital security camera system, Mr. Goderich advised there was a 12-month grace period to meet that requirement. Commissioner Heyman asked that the Deputy Director of the Consumer Services Department work with the County Attorney’s Office to review the feasibility of including a provision in this proposed ordinance to waive the administrative fee charged for Toll-By-Plate services for taxicab operators. Commissioner Edmonson commented that she would support the initiative to require the implementation of the requirements addressed by this ordinance. Commissioner Moss requested the Deputy Director of the Communications Department provide him with an explanation and/or breakdown of how the $25,000 price for each taxicab medallion was determined before this proposed ordinance was considered by the Board of County Commissioners. Additionally, he commented that he concurred with Commissioner Edmonson’s opinion in supporting the implementation of the requirements addressed by this ordinance. Commissioner Suarez asked Assistant County Attorney Libhaber to meet with him to discuss the feasibility of the County changing from a controlled, monopolized medallion type system for taxicabs to an open licensing type system similar to that in Washington D.C. and other cities. Commissioner Barreiro commented that security cameras would not accomplish crime prevention, but the implementation of credit card readers would slow down the robberies of taxicab operators. He commented that the foregoing item should have a provision addressing the transfers and gifts of medallions to limit ownership by one person or entity to no more than thirty percent (30%). Commissioner Suarez suggested that the transfers and gifts of medallions be limited to no more than five percent (5%). Mr. Goderich advised that the current medallions’ ownership distribution was approximately 49% corporate ownership, 30% taxicab operator ownership, and 22% individual ownership. Discussion ensued in connection with the percentage of ownership in the industry. As it related to Agenda Item 1E1, Commissioner Heyman commented that there should be restrictions to limit the transfer or inheritance of veteran designated medallions to another individual. In response to Commissioner Heyman’s inquiry, Mr. Goderich noted that there was a five (5) year requirement before a veteran designated medallion could be sold, and the proposed ordinance did not address the sale or inheritance of a veteran designated medallion to require that it had to remain as a veteran owned medallion. Commissioner Heyman commented that the proposed ordinance should include a provision to guarantee that all veteran designated medallions remain as veteran owned due to the low price assigned by the County, and she looked forward to amending the item. Commissioner Moss advised that he would like to be provided with a breakdown of the medallion’s $25,000 cost prior to the item being considered at the Board of County Commissioners’ meeting. Commissioner Souto commented that the Board should ensure that veteran designated medallions remained owned by veterans. Upon conclusion of the discussion regarding the requirements mandated by the proposed ordinance, the equipments’ purpose, and ownership requirements, the foregoing ordinance was amended to limit the sale of the specified number of taxicab for-hire licenses to honorably discharged veterans of the United States Armed Forces only while allowing the inheritance of the taxicab medallions by anyone. There being no other comments, the Committee proceeded to vote on the foregoing ordinance as amended by a roll call vote.

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO TAXICAB FOR-HIRE MOTOR VEHICLES; PROVIDING FOR LOTTERY OF SPECIFIED NUMBER OF TAXICAB FOR-HIRE LICENSES; LIMITING PARTICIPATION IN LOTTERY TO SPECIFIED CHAUFFEURS WHO ARE VETERANS OF THE UNITED STATES ARMED FORCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 31 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Chapter 31

VEHICLES FOR HIRE

* * *

ARTICLE II. LICENSING AND REGULATION OF FOR-HIRE MOTOR VEHICLES

* * *

Sec. 31-82. For-hire licenses.

* * *

(m) All new taxicab for-hire licenses issued after the effective date of this ordinance shall be issued pursuant to a medallion system. Such licenses shall be issued upon payment of twenty-five thousand dollars ($25,000.00), payable in full within one hundred twenty (120) days after lottery and only to such drivers who have had a Miami-Dade County taxicab chauffeur's registration for the previous five (5) years in good standing 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.

(n) Existing taxicab for-hire license holders on the effective date of this ordinance shall receive one (1) medallion for each for-hire license upon payment of a one-time administrative fee established by administrative order.

(o) For-hire taxicab license lottery.

(1) In the year 2009 fifteen (15) for-hire taxicab licenses shall be operated using accessible vehicles and issued utilizing the criteria and procedure provided in Section 31-82. Notwithstanding any other provision of this chapter, taxicab licenses issued pursuant to this subsection, after January 1, 2009, shall be prohibited from providing transportation of persons and their baggage from Miami International Airport.

(2) In addition to the for-hire licenses authorized by the preceding subsection, an additional five (5) South Miami-Dade taxicab service area for-hire taxicab licenses shall be issued in the year 2009, pursuant to Section 31-93(d) utilizing the criteria and procedure provided in Section 31-82.

(3) In addition to the for-hire licenses authorized by the preceding subsections, an additional five (5) underserved area for-hire taxicab licenses shall be issued in the year 2009, pursuant to Section 31-93(c), utilizing the criteria and procedure provided in Section 31-82. >>In fiscal year 2011, six (6) for-hire taxicab licenses shall be issued to chauffeurs who are veterans of the United States Armed Forces who have been honorably discharged pursuant to a lottery advertised and supervised by the Consumer Services Department utilizing the criteria and procedure provided in Section 31-82.<<>>Except as provided in Section 31-82(r)(5), a for-hire taxicab license issued to a chauffeur who is a veteran of the United States Armed Forces who has been honorably discharged pursuant to the lottery provided for in the preceding sentence may only be transferred to a chauffeur who is a veteran of the United States Armed Forces who has been honorably discharged and satisfies the requirements of Section 31-82.<<2

(4) All taxicab licenses issued pursuant to this section after January 1, 2009 shall have a mobile two-way radio or electronic dispatch system, installed and operating properly that is connected to and subscribed to service with a passenger service company that has a fixed-base call center operated twenty-four (24) hours a day, 365 days a year and by which a dispatcher may communicate with the taxicab chauffeur during all hours of vehicle operation to provide for-hire transportation to a passenger. In addition, notwithstanding any provision to the contrary, all taxicab licenses issued pursuant to this section shall be issued upon payment of twenty-five thousand dollars ($25,000.00).

* * *
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.

2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.



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