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: DISABLED
  PARKING
  PUBLIC HEALTH TRUST
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

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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