Legislative Matter

Miami-Dade Legislative Item
File Number: 112613

Clerk's Official Copy

File Number: 112613

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 11-53

Control: Board of County Commissioners

File Name: AMENDING CH 31 RE: TAXICAB FOR-HIRE MOTOR VEHICLES

Introduced: 12/13/2011

Requester: NONE

Cost:

Final Action: 7/19/2011

Agenda Date: 7/19/2011

Agenda Item Number: 7A

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 111536.

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. 111536)

Indexes:	TAXICAB
	AMENDING CODE
	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

County Attorney	12/13/2011		Assigned	Gerald K. Sanchez

Board of County Commissioners	7/19/2011	7A AMENDED	Adopted as amended				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Diaz that the original proposed version of the foregoing ordinance be adopted rather than the proposed version presented by the Regional Transportation Committee (RTC). This motion was seconded by Commissioner Sosa. County Attorney Gerald Sanchez read the following proposed amendments into the record: 1) to delete the language added by the RTC, so that each taxicab operate pursuant to a for-hire license issued in the lottery and the veteran shall comply with the technology requirements, and 2) to eliminate the requirement that a license may only be transferred to a veteran. Commissioner Jordan requested clarification whether the sale was restricted to veterans and whether a license could be deeded to a family member in the unfortunate event of a veteran’s death. Commissioner Diaz commented that honorably discharged veterans of the U.S. Armed Forces deserved the right to sell their license to whoever they deemed appropriate. County Attorney Sanchez clarified that in the event of a death, the license could be deeded to family members. Commissioner Diaz requested that the six medallion winners pay the Consumer Services Department a $5,000 fee, rather than the proposed $25,000 fee with the technology requirement included, in an effort to maintain the market so that these taxicabs were not less equipped than others. County Attorney Sanchez advised Commissioner Diaz that a provision could be added to include the technology requirements in existence at the time of the FY 2011-12 lotteries and also be applicable to veterans’ lottery licenses. In response to Commissioner Jordan’s question whether the cost was consistent with taxicab standards, County Attorney Sanchez noted the cost in the previous lottery was $25,000 and was consistent with the provisions of Item 7B from today's (7/19) Agenda. Mr. Mario Goderich, Consumer Services Department Deputy Director responded to Commissioner Jordan’s inquiry whether the provisions of Item 7B were consistent. He indicated that $25,000 was the normal default price on a lottery. Commissioner Jordan noted the provisions of Item 7B were different. Chairman Martinez asked Mr. Goderich to provide an overview of the differences between policies for various driver classifications. Mr. Goderich responded that discounts existed and were initiated in exchange for investments in technology enhancements. Commissioner Monestime noted his support for this proposed ordinance. Commissioner Moss asked for clarification that the license cost was being reduced in exchange for the veteran providing the technology at an approximate $20,000 cost. Mr. Goderich concurred that the license costs were reduced based upon the technology provision and further explained that the actual technology cost would not exceed $2,500 per cab. Commissioner Moss questioned the rationale for discounting the fee by $20,000 rather than by the $2,500 needed to cover the technology costs. He noted this concern was raised at the RTC because of the significant value of the licenses. Commissioner Diaz explained that he was under the impression that the $25,000 cost was associated with the cost of the technology. He noted he was not opposed to a $5,000 fee with inclusion of technology requirements because of the service provided to our country by veterans and the proposal did not entail a significant number of taxicab medallions. It was then moved by Commissioner Diaz to proceed with the proposed resolution as originally stated which included a $25,000 license fee for armed services members and excluded a technology requirement. This motion was seconded by Chairman Martinez. In response to Chairman Martinez’ comments, Commissioner Diaz clarified that he would listen to his colleagues’ comments and would then consider whether to withdraw his motion in lieu of a new motion for a $5,000 license fee with the inclusion of a technology requirement. Commissioner Barreiro questioned and Chairman Martinez advised that the original item contained a $25,000 fiscal impact. He proceeded to inquire about the fees included in Item 7B. Mr. Goderich clarified that Item 7B contained a lottery component with a $5,000 fee for senior taxicab drivers and provisions for technology standards. Commissioner Sosa questioned whether the exception was only for veterans and senior citizen drivers. Assistant County Attorney Sanchez responded to Commissioner Sosa that the foregoing proposed ordinance created an exception for veterans provided they complied with certain technology requirements and that Item 7B created an exception for seniors provided they complied with certain technology requirements. Commissioner Sosa noted her support for this proposed ordinance based upon the sacrifices veterans had made on behalf of this country. Commissioner Bell recommended that Commissioner Diaz keep his ordinance as originally proposed with the six taxicab medallion limit. Commissioner Jordan asked staff to ensure that Miami-Dade County’s Operating Procedures contained provisions to monitor fronting by both senior and veteran taxicab drivers as well as safeguards for unintended consequences. Assistant County Attorney Sanchez read amendments to the proposed resolution into the record. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing ordinance. It was moved by Commissioner Diaz that the foregoing proposed ordinance be adopted as amended as follows: 1) to amend the lottery date to fiscal year 2011-2012, 2) to delete the requirement that lottery licenses issued to veterans can only be transferred to veterans, 3) to change the price of the lottery from $25,000 to $5,000, and 4) to provide that each taxicab operate pursuant to a for-hire license issued in the lottery for veterans and shall comply with the technological requirements issued in any lottery license conducted in fiscal year 2011-2012. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 10-0 (Commissioners Edmonson, Heyman and Suarez were absent).

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 2011-2012, 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 (hereinafter �veterans lottery�) advertised and supervised by the Consumer Services Department utilizing the criteria and procedure provided in Section 31-82. Notwithstanding any provision to the contrary, each taxicab license issued to a veteran as provided in the preceding sentence shall be issued upon payment of five thousand dollars ($5,000.00). Each taxicab operated pursuant to a for-hire license issued pursuant to the veterans lottery provided for in this subsection shall comply with the technology requirements in section 31-82(o)(7)(i), (ii), (iii), (iv) and (v).<<

(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.