Miami-Dade Legislative Item
File Number: 131883
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File Number: 131883 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: Board of County Commissioners
File Name: FOR HIRE VEHICLES AMENDING TAXICABS Introduced: 9/24/2013
Requester: NONE Cost: Final Action: 1/29/2014
Agenda Date: 1/29/2014 Agenda Item Number:
Notes: SPECIAL ITEM NO. 3 Title: ORDINANCE RELATING TO FOR-HIRE VEHICLES; AMENDING CHAPTER 31, ARTICLE II, OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO TAXICABS; MANDATING THAT TAXICABS BE EQUIPPED WITH CREDIT CARD PROCESSING SYSTEMS WITHIN SPECIFIED TIME PERIOD; ESTABLISHING REQUIREMENTS RELATING TO CREDIT CARD PROCESSING SYSTEMS AND PROVIDERS; EMPOWERING DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES TO APPROVE CREDIT CARD PROCESSING SYSTEMS; REQUIRING COUNTY COMMISSION TO AMEND TAXICAB FARES TO INCLUDE DISCOUNT FOR PAYMENT BY CASH, CHECK OR OTHER MEANS NOT INVOLVING THE USE OF A CREDIT CARD WITHIN SPECIFIED TIME PERIOD; AMENDING CHAPTER 8CC OF THE CODE TO PROVIDE FOR PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: TAXICAB
Sponsors: Juan C. Zapata, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Rebeca Sosa, 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Board of County Commissioners 1/29/2014 Special Item No. 3 Withdrawn P

Transportation & Aviation Committee 11/13/2013 1F5 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed ordinance into the record. Chairman Moss inquired about the difference between this ordinance and those in Agenda Items 1F1 and 1F2. Assistant County Attorney Gerald Sanchez noted the only difference between this ordinance and the other two ordinances was the language in paragraph 4 on typewritten page 3, which specifically addressed the cash discount option. He noted that language was now incorporated into Items 1F1 and 1F2 by a Committee amendment. In response to Chairman Moss’ inquiry regarding the necessity of this ordinance since Items 1F1 and 1F2 were amended to include the cash discount option, Assistant County Attorney Gerald Sanchez noted if Agenda Items 1F1 and 1F2 were adopted by the County Commissioners, then Item 1F5 would not be needed; however, if they were not adopted, then Item 1F5 would be available as an option to provide for a credit card processing system with a cash discount. Chairman Moss opened the public hearing for persons wishing to be heard in connection with this ordinance, and the following persons appeared: 1. Mr. Charles Elsesser, Attorney, Florida Legal Services, 3000 Biscayne Blvd, representing New Vision Taxi Drivers Association, expressed concern regarding a 2-day turnaround provision described in Subsection (3) for credit card payments; and suggested a 1-day turnaround, as done in San Francisco and Chicago to assist drivers with a tight cash flow. He also expressed concern regarding section 17(1), prohibiting taxicab drivers from picking up passengers if their credit card machine had malfunctioned until such time the system was inspected, and suggested the County operate an inspection center 7 days a week or provide a 48-hour grace period as done in NYC. He also urged the Board to approve installation of the credit card processing devices at no cost to the drivers. 2. Mr. Diego Feliciano, President, South Florida Taxicab Association, 3111 NW 27 Ave, supported this ordinance and incorporating it into the countywide ordinance. 3. Mr. Lorne A. Wray, 11825 Island Lakes Lane, Boca Raton, asked for clarification regarding whether adoption of Items 1F1 and 1F2 would nullify Item 1F5. 4. Mr. Jerry Moskowitz, 2284 NW 36 Street, supported this ordinance, but would like assurance that the credit card devices would be installed by the providers at no cost to the drivers. 5. Mr. Roberto Puente, 927 NE 199 Street, NMB, noted his cab was already equipped with a credit card processing system that broke down easily. He requested that drivers be given a grace period or a warning for picking up passengers if the credit card processing system had issues on the weekend. 6. Mr. Joseph Bessard, representing American Association for Taxicabs, 6700 NW 27 Avenue, said he opposed all five ordinances. 7. Mr. Bill Talbert, President/CEO, GMCVB, 701 Brickell, spoke on behalf of 14 local business groups, in support of this ordinance. Chairman Moss closed the public hearing, after no one else appeared to speak. Regarding the concerns of speaker Mr. Elsesser, Chairman Moss inquired whether a 1-day turnaround was mandated by the regulations of those cities or was it the result of an efficient system, to which Mr. Charles said he did not know. Chairman Moss asked Deputy Mayor Alina Hudak, along with Division Director Joe Mora of RER’s For-hire Transportation Division, to verify whether a 2-day turnaround for credit card payments was mandated by regulations of other cities or by the credit card service providers, and to report on whether this ordinance could be changed to provide for a 1-day turnaround instead, prior to this Item going before the County Commissioners for consideration. In response to speaker Mr. Wray’s question, Assistant County Attorney Sanchez reiterated that if Agenda Items 1F1 and 1F2 were adopted by the Board of County Commissioners as amended today (11/13), then Item 1F5 would not be necessary as it had some timing differences; however, if Items 1F1 and 1F2 were not adopted, the Board could still adopt Item 1F5 to provide for the credit card system with a cash discount option. He noted the language for a cash discount option in Item 1F5 was now incorporated into Items 1F1 and 1F2. Commissioner Barreiro added that the main difference between Agenda Item 1F5 and the other two ordinances was the timeframe for implementing the system. Chairman Moss inquired about the process for inspecting the credit card processing devices that had broken down on the weekend. Mr. Mora noted the normal operating hours of the County’s inspection centers were Tuesday through Saturday from 7:30 a.m. to 3:30 p.m., but drivers could always come to the 140 building on the weekend to get authority to continue operating if they had issues with the credit card machine, except on Sundays. In response to Chairman Moss’ question regarding whether any offices or stations were located at Miami International Airport to assist with the inspections, Mr. Mora noted offices were located countywide to provide inspection services 7 days a week but with varied operating hours. He noted Sundays were prioritized for the Seaport to handle the loading and unloading of cruise ships. Chairman Moss noted part of the problem was finding a way to raise revenues for drivers in order to enforce and regulate the technical requirements. In response to Chairman Moss’ inquiry whether inspection of the credit card devices required expertise, Mr. Mora noted the process may just require having an inspector to re-engage the machine and make sure it worked properly, or possibly a special card could be used to reprogram the machine. Chairman Moss asked Mr. Mora to review and report to this Committee whether expertise was required to inspect the credit card processing machines used in taxicab vehicles and if a location existed for drivers to go to on the weekends to have their malfunctioned system inspected. Mr. Mora noted he did not believe that expertise was needed to ensure the equipment was functioning properly; however, his only concern was inspecting on Sundays, since the Department was obligated to the seaport on that day. Hearing no further comments or questions, the Committee proceeded to vote on this ordinance as presented. Chairman Moss expressed appreciation to his colleagues and meeting attendees for their participation in this lengthy meeting.

Board of County Commissioners 10/1/2013 Tentatively scheduled for a public hearing Transportation & Aviation Committee 11/13/2013

Board of County Commissioners 10/1/2013 4B Adopted on first reading 11/13/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Transportation and Aviation Committee on Wednesday, November 13, 2013 at 2:00 PM.

County Attorney 9/24/2013 Referred Transportation & Aviation Committee 11/13/2013

County Attorney 9/24/2013 Assigned Gerald K. Sanchez

Legislative Text


TITLE
ORDINANCE RELATING TO FOR-HIRE VEHICLES; AMENDING CHAPTER 31, ARTICLE II, OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO TAXICABS; MANDATING THAT TAXICABS BE EQUIPPED WITH CREDIT CARD PROCESSING SYSTEMS WITHIN SPECIFIED TIME PERIOD; ESTABLISHING REQUIREMENTS RELATING TO CREDIT CARD PROCESSING SYSTEMS AND PROVIDERS; EMPOWERING DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES TO APPROVE CREDIT CARD PROCESSING SYSTEMS; REQUIRING COUNTY COMMISSION TO AMEND TAXICAB FARES TO INCLUDE DISCOUNT FOR PAYMENT BY CASH, CHECK OR OTHER MEANS NOT INVOLVING THE USE OF A CREDIT CARD WITHIN SPECIFIED TIME PERIOD; AMENDING CHAPTER 8CC OF THE CODE TO PROVIDE FOR PENALTIES; PROVIDING 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, Article II, of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
CHAPTER 31
VEHICLES FOR HIRE
ARTICLE II. LICENSING AND REGULATION OF FOR HIRE MOTOR VEHICLES
* * *
Sec. 31-82. For-hire licenses.

* * *
(j) Rules of Operation.

* * *
>> (17) Credit Card processing System.

(1) Any taxicab that picks up passengers in Miami-Dade County shall, within three hundred and sixty (360) days after the adoption of the fare resolution required by subsection (4), be equipped with an operable back-of-seat credit card processing system. The credit card processing system shall allow the passenger to utilize his or her credit card in the rear compartment of the taxicab without handing the card to the chauffeur. Said equipment shall list tips, fares, tolls and fees separately. The credit card payment display terminal shall be interfaced with the vehicle’s taxi meter and shall be programmed to display all authorized meter and flat fare rates. The meter shall be used for all fares, including flat fare trips. A taxicab equipped with a credit card processing system shall not pick up passengers in Miami-Dade when the required credit card processing system is not operational. Operational failure of said system shall require the immediate vehicle removal from service until said equipment is repaired and re-inspected at the Department of Regulatory and Economic Resources Vehicle Inspection Facility.

(2) No credit card processing fee, convenience fee, equipment rental fee or any other additional fees or charges are to be paid by the passenger when using a credit card to pay the fare. A receipt shall be provided for all trips. All customer receipts shall be generated by a taximeter or other electronic device and shall contain the date and time that the trip starts, the time the trip ends, and total distance traveled. The receipt shall also include the fare charged, the name and telephone number of the passenger service company, the operating permit number, the chauffeur registration number, and the telephone number and e-mail address for filing complaints with the Department of Regulatory and Economic Resources. Chauffeurs shall be prohibited from refusing to accept payment by a credit card.

(3) Any and all credit card service providers must utilize a paycard or direct deposit system and establish an account directly with each chauffeur that provides for electronic payments. Payments for taxicab fares must be credited to a chauffeur’s paycard or bank account within two (2) business days. Only credit card processing systems approved by the Department of Regulatory and Economic Resources may be utilized in taxicabs. The processing of credit card payments shall comply with the Payment Card Industry Data Security Standard.

(4) The County Commission shall adopt a resolution within one hundred and fifty (150) days after the effective date of this ordinance which offers a discount in taxicab fares or rates where payment is made by cash, check or other means not involving the use of a credit card as permitted by section 501.0117, Florida Statutes. Within ninety days (90) days from the effective date of this ordinance, the Mayor shall prepare a fare resolution pursuant to the provisions of Section 31-87 which shall offer a discount in taxicab fares or rates where payment is made by cash, check or other means not involving the use of a credit card. The discount shall be offered to all prospective passengers. The Department of Regulatory and Economic Resources shall consult with the industry and any existing taxicab advisory group prior to completing the fare resolution required by this subsection.<<

* * *




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 Violation Civil Penalty

>>31-82(j) (17) Picking up a passenger
without required credit card
processing system $250.00

31-82(j) (17) Picking up a passenger
while the required credit card
processing system is
inoperative $250.00

31-82(j)(17) Refusal to accept payment by
credit card $250.00<<



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.



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