Miami-Dade Legislative Item
File Number: 140043
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File Number: 140043 File Type: Ordinance Status: Adopted
Version: 0 Reference: 14-25 Control: Board of County Commissioners
File Name: PUBLIC HEALTH TRUST DISABLED PARKING Introduced: 1/8/2014
Requester: NONE Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 7D
Notes: Title: ORDINANCE AMENDING SECTION 30-388.2 OF THE MIAMI-DADE COUNTY CODE PROVIDING THAT, CONSISTENT WITH STATE LAW, PARKING CHARGES MAY BE IMPOSED ON VEHICLES DISPLAYING A DISABLED PARKING PERMIT OR LICENSE TAG AT PUBLIC HEALTH TRUST FACILITIES UNDER SPECIFIED CIRCUMSTANCES, BUT THAT SUCH CHARGES MAY NOT BE IMPOSED FOR CERTAIN VEHICLES AS DEFINED IN SUCH STATE LAW; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: PUBLIC HEALTH TRUST
  DISABLED
  PARKING
Sponsors: Sally A. Heyman, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, 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 3/4/2014 7D Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. Chairwoman Sosa noted there was a request from a member of the public to speak on this item on behalf of the disabled, and she opened the public hearing. Ms. Lois Marina-Rosenfeld, 5141 NW 104 Place, Doral, appeared before the Board members to speak against the foregoing proposed ordinance. Chairwoman Sosa noted Commissioners Heyman and Edmonson, who were the sponsors of this item, were not present at today’s meeting. It was moved by Commissioner Diaz that the foregoing proposed ordinance be deferred. This motion was seconded by Commissioner Souto, followed by discussion. Commissioner Souto commented on the process to provide the parking permits for disabled persons and he urged the Board members to consider both sides on this item. Following a series of questions by Commissioner Moss, Mr. Carlos Migoya, President and Chief Executive Officer, Jackson Health Systems, appeared before the Board members and noted there was a screening process for all financially disadvantaged and disabled persons. He said that clients already recognized in the system would be validated for free parking, and that 20 percent of Jackson’s current clients already received a validation for parking. Mr. Migoya pointed out that the Americans with Disabilities Act (ADA) State law required those persons driving special vehicles for the disabled to have permanent parking privileges. Discussion ensued between Commissioner Moss and Mr. Migoya regarding the intent of this proposed ordinance and the process to identify patients who qualified for free parking. Chairwoman Sosa requested that Commissioner Diaz rescind his motion to defer this item. Commissioner Moss noted he agreed with the motion to defer the item, but he wanted more information to determine his vote. Commissioner Diaz rescinded his motion to defer the foregoing proposed ordinance. Responding to Commissioner Moss’ question regarding the urgency of this item, Mr. Migoya noted it was not time-sensitive; and the intent of this proposal was to make JMH more attractive. It was moved by Commissioner Jordan that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Suarez, followed by discussion. Chairwoman Sosa stated she was supportive when a proposal was presented regarding imposing parking fees for disabled vehicles at the airport and seaport, because she believed that people who paid to go on cruises or to travel could afford to pay for parking; however, because, this proposal pertained to parking at a hospital, she could not be supportive. She said she believed that disabled persons were entitled to free parking privileges without a pre-qualifying screening process. Commissioner Souto noted his experience in receiving medical treatment at JMH and the need to make the facility easily-accessible to those persons in need and disabled. Commissioner Jordan stated that she would not support any item that would be harmful to persons who were financially disadvantaged or handicapped. She said she was supportive of this item because she had been assured that persons who were disabled would be assessed as part of the screening process. However, Commissioner Jordan said she was informed the process took three days to qualify patients for free parking. She inquired whether this was due to the fact that this process was new. Discussion ensued between Commissioner Jordan and Mr. Migoya regarding this proposal that would allow all visitors who were disabled or financially disadvantaged to receive free parking for the first two hours of their visit, which would benefit 46 percent of the visitors to JMH. Commissioner Diaz noted this proposal was a positive rather than a negative initiative; however, his dilemma with this item was that although it applied to those who were disabled or financially disadvantaged, some of those people could afford to pay. He also said that he did not want to hurt any particular entity or persons. Commissioner Diaz noted he was supportive of this item and if the proposal would not pass in today’s (3/4) meeting, he would ask for a motion to defer until the sponsors were present. Commissioner Barreiro noted he believed that the system had been abused because some people could afford to pay for parking although they were disabled. He suggested that the two free parking hours be the minimum, and that this timeframe be kept flexible in case more time was needed. First Assistant County Attorney Price-Williams advised that if Commissioner Barreiro’s recommendation was adopted, the foregoing proposed ordinance would be amended to allow the two hours free parking to be increased. Mr. Migoya explained that the proposed two hours free parking was based on the average amount of time visitors stayed at the hospital, and similar to the process at the Seaport; however, reevaluation of this process after a period of time would determine the need for any changes. Commissioner Jordan pointed out that the difference between JMH and the Miami Seaport was that the latter did not have other surrounding facilities; however, JMH’s parking was also used by persons who were not visiting the hospital, therefore, JMH parking needed to be maintained. Discussion ensued among the Board members regarding whether the two hours of free parking at JMH should be increased; and it was decided that the Administration should be allowed to make this decision. Following a series of questions by Commissioner Monestime, Mr. Migoya noted that once this proposed ordinance was adopted, he could come back to this Board and provide an updated implementation status report. However, he said he believed that providing free parking to all JMH visitors for two hours would be considerable relief, and all policies and procedures would be put in place to ensure that qualified financially disadvantaged and disabled visitors did not pay for parking. Responding to Commissioner Monestime’s question regarding parking for visitors who came to visit patients, Mr. Migoya said this proposal dealt with the patients at JMH, rather than visitors, who were usually there for less than two hours. Commissioner Souto suggested that a decision on the foregoing proposed ordinance be postponed because it pertained to ADA issues. Commissioner Suarez noted a society was judged based on how it treated its financially disadvantaged and disabled persons. However, he said that he was persuaded by Commissioners Jordan and Diaz’ arguments; and he was prepared to vote favorably on the item. Chairwoman Sosa noted her preference to wait a few years to consider this proposal and she pointed out that the people of this community just approved a tax increase to support JMH. She commented on the improvements made at JMH, but she said she believed that the foregoing proposed ordinance did not pertain to revenue; rather, it was related to the community showing it cared for those who were disabled. Commissioner Sosa noted respectfully, although JMH needed revenue, she would not support this item at the expense of the disabled. Commissioner Jordan noted the need to clarify what the voters approved, and knowing the condition of JMH, in terms of infrastructure and buildings. She commended the work performed at JMH in rehabilitating patients while the condition of the hospital was unacceptable. Commissioner Jordan said she did not want to leave the voters with an impression that the bond approved by the voters was to fund the operations of JMH, but it was to fund the infrastructure, the need for clinics, and other necessities for JMH. In response to Commissioner Jordan’s question regarding how JMH could afford to let visitors parking for free for the first two hours of their visit, Mr. Migoya clarified that JMH would lose approximately $200,000 from the implementation of this proposal. However, he noted, the intent was to make JMH more attractive, rather than increase revenue. Discussion ensued among the Board members regarding precautions to stay in compliance with State laws regarding ADA; and obtaining more information before making a decision. Commissioner Sosa reiterated that the two sponsors of this item were not present and this Board would usually defer the item until the sponsors were present; however, it was apparent that at today’s (3/4) meeting the Board members were ready to move forward on the item. She noted for the record that representatives from entities such as the Commission on Disability Issues (CODI) had an opportunity to speak on this proposal in today’s meeting. Hearing no further questions or comments, the Board members proceeded to vote on the foregoing proposed ordinance as presented. Responding to Commissioner Souto’s question as to whether a motion to defer an item could be disregarded, First Assistant County Attorney Price-Williams advised there was no pending motion to defer. She advised that the County was required to comply with the ADA laws as indicated; and as it related to this particular item the County would be compliant and approval of this proposed ordinance would not take the County outside of those requirements. County Attorney Robert Cuevas referred to a procedural matter under Legistar File No. 140150, that previously passed on first reading, and was assigned to a committee. He advised that at the request of Commissioner Souto, sponsor of this item, it was reassigned to the Public Safety and Animal Services Committee (PSASC); therefore, a motion was needed from this Board to approve this reassignment and to schedule that public hearing before that committee at the March 12, 2014 meeting. It was moved by Commissioner Souto that the Board approve the reassignment of the aforementioned item under Legistar File No. 140150 to the PSASC to be heard at a public hearing on March 12, 2014. This motion was seconded by Commissioner Diaz, and upon being put to a vote, the motion passed by a vote of 9-0 (Commissioners Edmonson, Heyman, Bell, and Zapata were absent).

Economic Development & Port Miami Committee 2/13/2014 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chair Bell opened the public hearing. Madame Renita Holmes 5800 NW 7th Ave Suite 213, Women’s Association inquired whether the foregoing ordinance included people with respiratory disabilities. Chair Bell closed the public hearing. Commissioner Jordan concurred with Ms. Holmes’ comments regarding patients with respiratory problems needing handicapped placards and inquired whether this could be considered. Responding to Commissioner Jordan’s comments Assistant County Attorney Chris Kokoruda explained that under Florida State Law physicians could issue patients with respiratory issues and lung diseases handicapped placards. Commissioner Jordan noted that she initially voted no on the first reading of this ordinance. She pointed out that every handicapped person was not indigent and that the Board needed to continue to identify or service indigent individuals as a priority. She noted whether a person was at Jackson Memorial Hospital (Hospital) as a patient or visiting a patient the first two hours of parking was free and the person could leave and return in 30 minutes and still have another two hours of free parking. Commissioner Jordan noted that many people were not aware of the Hospital’s discounted parking program. Commissioner Diaz concurred with Commissioner Jordan’s comments, noting that he was in support of the foregoing proposed ordinance. Commissioner Souto noted that the administration of the Hospital needed to keep control of this parking situation and there were individuals that needed assistance to pay for parking. Chair Bell noted that she was in support of the foregoing proposed ordinance however was concerned about how to determine who was truly needy. Mr. Carlos Migoya, President, Jackson Health System noted his staff was better suited to identify needy patients whether inpatient or outpatient, patients were given a financial assessment. He noted today 20% of all visitors of the Hospital received free parking. He further noted that 46% of visitors to Jackson Hospital were there for less than two hours. He pointed out that it was his goal to extend two hours of free parking to everyone visiting the Hospital and the disabled persons who are financially needy would continue to get free parking. Chair Bell noted her concern was with the financial needy people, she noted that she was in support of the foregoing proposed ordinance however she would monitor this very closely. Hearing no further comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 1/22/2014 Tentatively scheduled for a public hearing Economic Development & Port Miami Committee 2/13/2014

Board of County Commissioners 1/22/2014 4C Adopted on first reading 2/13/2014 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Economic Development and Port Miami Committee on February 13, 2014 at 2 p.m.

County Attorney 1/9/2014 Referred Economic Development & Port Miami Committee 2/13/2014

County Attorney 1/9/2014 Assigned Christopher C. Kokoruda 1/10/2014

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 30-388.2 OF THE MIAMI-DADE COUNTY CODE PROVIDING THAT, CONSISTENT WITH STATE LAW, PARKING CHARGES MAY BE IMPOSED ON VEHICLES DISPLAYING A DISABLED PARKING PERMIT OR LICENSE TAG AT PUBLIC HEALTH TRUST FACILITIES UNDER SPECIFIED CIRCUMSTANCES, BUT THAT SUCH CHARGES MAY NOT BE IMPOSED FOR CERTAIN VEHICLES AS DEFINED IN SUCH STATE LAW; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS,the Public Health Trust loses approximately $760,000 in annual revenue by providing free disabled parking; and
WHEREAS, increased revenue would provide the Public Health Trust a competitive advantage in providing health care services; and
WHEREAS, the Office of the Inspector General has issued a report detailing numerous instances of improper or fraudulent uses of these free parking spaces,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 30-388.2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 30-388.2. Free public parking for the physically disabled.

(1) Except as provided in subsection>>s<< (2) >>and (3)<< below, any motor vehicle which is qualified to park in a specially marked parking space designated for the physically disabled pursuant to Article II of this chapter shall be permitted to park in any public parking space in Miami-Dade County without incurring a fee for parking. For purposes of this section, the term ''public parking space'' shall mean a parking space provided by Miami-Dade County and each municipality within Miami-Dade County, and each agency, instrumentality and authority thereof.

>>(2) Notwithstanding subsection (1) above, the Public Health Trust shall be entitled to charge and collect parking fees for the use of any timed parking space, in a parking facility or lot made available for parking by the Public Health Trust, by vehicles that display a disabled parking permit or license plate issued under state law, except that any such vehicle exiting a Public Health Trust parking facility or lot less than two hours from entering the facility or lot shall not be charged parking fees. Any such vehicle exiting the facility or lot more than two hours from entering the facility or lot shall be charged for the time the vehicle uses the facility or lot, except that any such vehicle shall not be charged a parking fee for the first two hours that the vehicle uses the facility or lot.<<

([[2]]>>3<<) Notwithstanding subsection (1) above, the Aviation and Seaport Departments shall be entitled to charge and collect parking fees for the use of any County airport or seaport parking facility, including facilities providing temporary, short-term, or up-close parking sites, by vehicles that display a disabled parking permit or license tag issued under Sections 316.1958, 320.084, 320.0842, 320.0843, 320.0845, or 320.0848, Florida Statutes, as such sections may be amended from time to time, except that any such vehicle exiting an airport or seaport parking facility less than two hours from entering the facility shall not be charged parking fees. Any such vehicle exiting the facility more than two hours from entering the facility shall be charged for the entire time the vehicle uses the facility.

([[3]]>>4<<) Notwithstanding subsection>>s<< (2) >>and (3)<< above, no parking charges shall be imposed by the >>Public Health Trust or the<< Airport or Seaport Departments upon any vehicle with specialized equipment, such as ramps, lifts, or foot or hand controls, or for utilization by a person who has a disability or whose vehicle is displaying the Florida Toll Exemption permit.

Section 2. 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 3. 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 4. 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.
Section 5. This ordinance does not contain a sunset provision.

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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