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ORDINANCE CREATING SECTION 8A-1.2 OF THE CODE OF MIAMI-DADE COUNTY; REQUIRING RENTAL CAR COMPANIES TO PROVIDE PUBLIC NOTICE OF FEES ASSOCIATED WITH THE USE OF SUNPASS EQUIPMENT, PROVIDING DEFINITIONS; AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, tourism is critically important to the Miami-Dade County economy; and
WHEREAS, car rental agencies operating in Miami-Dade County often charge administrative fees to their customers for processing tolls; and
WHEREAS, customers, including tourists, may not be aware of this fee prior to renting a car; and
WHEREAS, a thousand dollar fine is a permissible penalty for a violation of the Code of Miami-Dade County,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 8A-1.2 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec. 8A-1.2. �Public Notices To Be Provided At Car Rental Facilities.

(a) Definitions.

(1) Rental Car Facility shall mean any physical location where cars, trucks, automobiles, motorcycles, or other vehicles suitable for travel on public highways are rented or leased to members of the public, if such Facility has three or more such vehicles customarily available for rent or lease.


(2) Equipment Fees shall mean any surcharge, levy, extraction, tariff, or other monetary obligation imposed on any customer of a rental car facility for use of any Sunpass equipment provided with any rental vehicle, or for the administrative costs of processing tolls through such equipment.� For the purposes of the Section, a fee shall not be construed to mean toll payments made through any such Sunpass equipment.

(b) Posting of Equipment Fee. If the owner or operator of a Rental Car Facility imposes an Equipment Fee, notice of such fee must be provided at such Rental Car Facility.� This notice shall be posted conspicuously in the public area of the Rental Car Facility in such location as to provide notice to customers prior to their entering into any contract for the leasing or renting of any vehicle, and written in a legible manner in English, Spanish and Creole.

(c) Provisions Cumulative. The provisions of this section shall be cumulative and in addition to and not in derogation of any and all other provisions or laws.

(d) Applicability. The provisions of this ordinance shall apply throughout the incorporated and unincorporated area of Miami-Dade County, Florida.<<

Section 2. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec 8CC-10. Schedule of civil penalties. Code Section; Description of Violations; Civil Penalty

>> 8A-1.2________ �Failure to provide public notice at rental car facility $1,000.00.<<


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.