Miami-Dade Legislative Item
File Number: 152886
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File Number: 152886 File Type: Ordinance Status: Adopted
Version: 0 Reference: 16-36 Control: Board of County Commissioners
File Name: RENTAL CAR COMPANIES TO PROVIDE NOTICE Introduced: 12/4/2015
Requester: NONE Cost: Final Action: 4/5/2016
Agenda Date: 4/5/2016 Agenda Item Number: 7A
Notes: REQUIRES 6-4 WEEKS Title: ORDINANCE AMENDING SECTION 8A-1.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING RENTAL CAR COMPANIES TO PROVIDE NOTICE TO THEIR CUSTOMERS OF ADMINISTRATIVE FEES ASSOCIATED WITH ANY TOLL CHARGES OR TOLL VIOLATIONS INCURRED BY THE CUSTOMERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CAR RENTAL
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, 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 4/5/2016 7A Adopted P
REPORT: First Assistant County Attorney Geri Bonzon Keenan read the foregoing proposed ordinance into the record. Chairman Monestime opened the public hearing and called for any persons wishing to appear in connection with this item. There being no persons wishing to appear, Chairman Monestime closed the public hearing and the Board proceeded to vote on the item as presented.

Transit and Mobility Services Committee 3/16/2016 1G2 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed ordinance into the record. Chairman Bovo opened the floor for individuals wishing to speak on the foregoing item, and seeing no one wishing to speak on this item, he closed the floor. Commissioner Moss added that he couldn’t rent a car in Orlando, because rental Car Company was asking for a light bill, pay stub, and other credentials to rent a car, he voiced this wasn’t fair. Commissioner Diaz agreed with Commissioner Moss. Hearing no further comments or questions, the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

Transit and Mobility Services Committee 2/8/2016 1G1 No action taken due to cancellation of meeting

Board of County Commissioners 12/16/2015 Municipalities notified of public hearing Transit and Mobility Services Committee 2/8/2016 12/15/2015

Board of County Commissioners 12/15/2015 Tentatively scheduled for a public hearing Transit and Mobility Services Committee 2/8/2016

Board of County Commissioners 12/15/2015 4A Adopted on first reading 2/8/2016 P
REPORT: First Assistant County Attorney Geri Bonzon Keenan read into the record the title of the foregoing proposed ordinance. Commissioners Jordan and Moss asked to be listed as co-sponsors. There being no other comments or objections, the members of the Board proceeded to take a vote on the foregoing ordinance as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Transit and Mobility Services (TMS) Committee meeting on Monday, February 8, 2016, at 9:30 a.m.

County Attorney 12/7/2015 Referred Transit and Mobility Services Committee 2/8/2016

Board of County Commissioners 12/7/2015 Requires Municipal Notification Transit and Mobility Services Committee 2/8/2016

County Attorney 12/4/2015 Assigned David M. Murray 12/7/2015

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 8A-1.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING RENTAL CAR COMPANIES TO PROVIDE NOTICE TO THEIR CUSTOMERS OF ADMINISTRATIVE FEES ASSOCIATED WITH ANY TOLL CHARGES OR TOLL VIOLATIONS INCURRED BY THE CUSTOMERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, tourism is critically important to the Miami-Dade County economy, and Miami-Dade County has sought to protect visitors by requiring car rental companies to provide notice of their customersí obligation to pay administrative fees associated with their use of any Sunpass equipment provided by the car rental companies; and
WHEREAS, this Board enacted Ordinance No. 11-89 to require car rental companies to provide posted notice to their customers of any administrative fees that a customer must pay for a customerís use of Sunpass equipment and for processing tolls through such equipment at their rental car facility; and
WHEREAS, toll roads in Miami-Dade County are moving from cash toll booths to a cashless, image based electronic toll collection system that uses photographic images of vehicle license plates to identify the customer responsible for payment; and
WHEREAS, if a car rental company does not provide Sunpass equipment or if the customer declines to accept the equipment as part of the car rental contract, the car rental company, as the registered owner of the license plate, will be directly responsible for payment of any toll charges or toll violations incurred during the customerís use of a vehicle; and

WHEREAS, the customer, prior to renting a car, should be notified by the car rental company if the customer will be held responsible for payment or reimbursement of such toll charges or toll violations incurred during the customerís use of a vehicle, and if the car rental company imposes any other administrative fees associated with the car rental companyís processing of such toll charges or toll violations,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 8A-1.2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8A-1.2. Public Notices To Be Provided At Car Rental Facilities.

(a) Definitions.

(1) Rental Car Facility shall mean any physical location where cars, trucks, automobiles, motorcycles, or other vehicles suitable for travel on public highways are rented or leased to members of the public, if such Facility has three or more such vehicles customarily available for rent or lease.

(2) [[Equipment]] >>Toll<< Fees shall mean any
surcharge, levy, extraction, tariff, or other monetary obligation imposed by a car rental company on any customer of a rental car facility for >>(i)<>(ii) any<< administrative costs of processing tolls through such equipment>>, and (iii) all administrative costs associated with the car rental companyís payment of toll charges or toll violations that are registered directly to the vehicle by way of photographic license plate imaging or other process<<. For the purposes of the Section, a fee shall not be construed to mean toll payments made through any such Sunpass equipment >>or toll charges or toll violations that are registered directly to the vehicle<<.

(b) Posting of [[Equipment]] >>Toll<< Fee>>s and Policy<<.

>>(1)<< If the owner or operator of a Rental Car Facility imposes [[an Equipment Fee]] >>Toll Fees<< on customers renting cars, notice of all such fee>>s, including identification of the amount,<< must be provided at such Rental Car Facility. [[This notice shall be posted conspicuously in the public area of the Rental Car Facility in such location as to provide notice to customers prior to their entering into any contract for the leasing or renting of any vehicle, and written in a legible manner in English, Spanish and Creole.]]

>>(2) If the owner or operator of a Rental Car Facility requires the customer to pay or reimburse the car rental company for any toll charges or toll violations, otherwise incurred by the customer during the use of the vehicle, that are registered directly to the vehicle by way of photographic license plate imaging or other process, notice of such policy must be provided at such Rental Car Facility.

(3) This notice shall be posted conspicuously in the public area of the Rental Car Facility in such location as to provide notice to customers prior to their entering into any contract for the leasing or renting of any vehicle, and written in a legible manner in English, Spanish and Creole.<<

(c) Provisions Cumulative. The provisions of this section shall be cumulative and in addition to and not in derogation of any and all other provisions or laws prohibiting discrimination or regarding notification of tipping polices.

(d) Applicability. The provisions of this ordinance shall apply throughout the incorporated and unincorporated area of Miami-Dade County, Florida.




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.



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