Miami-Dade Legislative Item
File Number: 112607
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File Number: 112607 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-03 Control: Board of County Commissioners
File Name: AMEND 8CC & 8CC-10 REGARDING LICENSED DAY CARE CENTER Introduced: 12/12/2011
Requester: NONE Cost: Final Action: 1/24/2012
Agenda Date: 1/24/2012 Agenda Item Number: 7B
Notes: REQUIRES 6-WKS 4 - WEEKS Title: ORDINANCE REQUIRING LICENSED DAY CARE CENTERS IN MIAMI-DADE COUNTY TO INSTALL ALARMS TO PROMPT DRIVERS OF VEHICLES TRANSPORTING CHILDREN TO CHECK FOR CHILDREN UPON VEHICLE SHUT OFF; AMENDING CHAPTER 8CC, SECTION 8CC-10, OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 112069]
Indexes: AMENDING CODE
  CHILD CARE
Sponsors: Sally A. Heyman, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, 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 1/24/2012 7B Adopted P
REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Sosa questioned whether the County would be liable to pay for the costs associated with this proposal. Chairman Martinez noted handwritten page two stated the day care centers were required to install the alarms. Commissioner Diaz pointed out the fiscal impact would be to the company that owned the vehicle used to transport children. Hearing no other questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented.

Public Safety & Healthcare Admin Cmte 12/13/2011 1E1 SUBSTITUTE Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Valda Christian read the foregoing proposed ordinance into the record. Chairman Bovo opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. After hearing no one wishing to speak, Chairman Bovo closed the public hearing. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

County Attorney 12/12/2011 Referred Public Safety & Healthcare Admin Cmte 12/13/2011

County Attorney 12/12/2011 Assigned Estephanie S. Resnik 12/12/2011

Legislative Text


TITLE
ORDINANCE REQUIRING LICENSED DAY CARE CENTERS IN MIAMI-DADE COUNTY TO INSTALL ALARMS TO PROMPT DRIVERS OF VEHICLES TRANSPORTING CHILDREN TO CHECK FOR CHILDREN UPON VEHICLE SHUT OFF; AMENDING CHAPTER 8CC, SECTION 8CC-10, OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, there is a risk a young child may be forgotten inside of a parked vehicle, especially if the child is quiet or has fallen asleep; and
WHEREAS, a young child left alone in a parked vehicle may die; and
WHEREAS, there have been news reports of children accidentally left in parked vehicles who have died; and
WHEREAS, Palm Beach County has enacted legislation to require day care centers in Palm Beach County to install alarms to prompt drivers of vehicles transporting children to check for children upon vehicle shut off; and
WHEREAS, pursuant to the Home Rule Charter of Miami-Dade County, the Board of County Commissioners has the power to establish, coordinate and enforce such regulations as are necessary for the protection of the public (Section 1.01(A) (12)) as well as perform any other acts which are in the common interest of the people of Miami-Dade County (Section 1.01(A)(23)); and
WHEREAS, the Board of County Commissioners is concerned about children dying after being forgotten in parked vehicles; and

WHEREAS, the Board of County Commissioners desires to provide for the public health, safety and welfare of the people of Miami-Dade County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section ___ of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. ____. Definition.
For purposes of this section, “Day Care Center” means any licensed building or shelter in which custodial care is rendered to six (6) or more children age five (5) or younger in Miami-Dade County.

Sec. ____. Child Safety Alarm.
On or after December 1, 2012, all vehicles used by or on behalf of a licensed Day Care Center for the transportation of children must be equipped with a child safety alarm device that prompts the driver to inspect the vehicle for children and passengers upon vehicle shut off. The device must be properly maintained in working order at all times.

Sec. ____. Designated Department.
The Miami-Dade [[Community Action and Human Services]]2 >>Sustainability, Planning and Economic Enhancement<< Department (“Department”) shall develop and adopt standards for the installation and performance of such devices.

Sec. ____. Violation.
A. On or after December 1, 2012, it shall be unlawful for any Day Care Center to transport a child in a vehicle that is not equipped with a child safety alarm device properly maintained in working order that prompts the driver to inspect the vehicle for children and passengers upon vehicle shut off. Violations shall be enforced through and in accordance with Chapter 8CC of the Miami-Dade County Code.

B. The Director of the [[Community Action and Human Services]] >>Sustainability, Planning and Economic Enhancement<< Department is authorized to file any action in a court of competent jurisdiction to enforce the provisions of this ordinance and to seek appropriate remedies. In any such action the Department shall be entitled to recover its reasonable costs in the enforcement of this ordinance including reasonable attorney fees.

Section 2. Chapter 8CC, Section 8CC-10, of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Code Section Description of Violation Civil Penalty
>>_____ Day Care Center transporting $200<<
children without child safety
alarm device

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.

2 The differences between the substitute and the original item 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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