Miami-Dade Legislative Item
File Number: 111849
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File Number: 111849 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-89 Control: County Commission
File Name: SUNPASS FEES EQUIPMENT Introduced: 9/1/2011
Requester: NONE Cost: Final Action: 11/15/2011
Agenda Date: 11/15/2011 Agenda Item Number: 7C
Notes: Title: 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
Indexes: SUNPASS
Sponsors: Sally A. Heyman, Prime Sponsor
  Lynda Bell, Co-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 11/15/2011 7C Adopted P

Regional Transportation Committee 10/24/2011 1E1 Forwarded with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing proposed ordinance. There being no comments, the committee proceeded to vote by roll call.

Board of County Commissioners 9/20/2011 Tentatively scheduled for a public hearing Regional Transportation Committee 10/24/2011

Board of County Commissioners 9/20/2011 4A Adopted on first reading 10/24/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing ordinance into the record. There being no comments from the members of the Board or the administration, the Board proceeded to vote. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Regional Transportation Committee (RTC) on Monday, October 24, 2011, at 9:30 a.m.

County Attorney 9/1/2011 Referred Regional Transportation Committee 10/24/2011

County Attorney 9/1/2011 Assigned David M. Murray 9/12/2011

Legislative Text


TITLE
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

BODY
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.



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