Miami-Dade Legislative Item
File Number: 160010
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File Number: 160010 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: County Commission
File Name: TRANSPORTATION NETWORK ENTITY DRIVERS Introduced: 1/4/2016
Requester: NONE Cost: Final Action:
Agenda Date: 5/3/2016 Agenda Item Number: 5A
Notes: REQUIRES 6-4WKS - SEE SUB. 160010 Title: ORDINANCE RELATING TO VEHICLES FOR HIRE; AMENDING CHAPTER 31, ARTICLE I, SECTION 31-77 OF THE CODE OF MIAMI DADE COUNTY, FLORIDA, TO PROHIBIT THE OPERATION OF VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION WITHOUT AUTHORIZATION; CREATING CHAPTER 31, ARTICLE VII OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGULATING TRANSPORTATION NETWORK ENTITIES, TRANSPORTATION NETWORK ENTITY DRIVERS AND TRANSPORTATION NETWORK ENTITY VEHICLES OPERATING IN THE INCORPORATED AND UNINCORPORATED AREAS OF MIAMI-DADE COUNTY; PROVIDING FOR DEFINITIONS; PROHIBITING TRANSFER OF TRANSPORTATION NETWORK ENTITY LICENSES; PROVIDING THAT THERE SHALL BE NO LIMITATION ON THE NUMBER OF TRANSPORTATION NETWORK ENTITY LICENSES THAT MAY BE ISSUED; REQUIRING THAT TRANSPORTATION NETWORK ENTITIES OBTAIN A TRANSPORTATION NETWORK ENTITY LICENSE; REQUIRING THAT TRANSPORTATION NETWORK ENTITIES COMPLY WITH SPECIFIED RULES OF OPERATION; PROVIDING THAT THERE SHALL BE NO LIMIT TO THE NUMBER OF TRANSPORTATION NETWORK ENTITY VEHICLES AUTHORIZED TO OPERATE UNDER A TRANSPORTATION NETWORK ENTITY LICENSE; PROVIDING THAT TRANSPORTATION NETWORK ENTITIES MAY AUTHORIZE A PERSON TO OPERATE A TRANSPORTATION NETWORK ENTITY VEHICLE UNDER CERTAIN CIRCUMSTANCES; REGULATING TRANSPORTATION NETWORK ENTITY DRIVERS; MANDATING THAT TRANSPORTATION NETWORK ENTITY DRIVERS COMPLY WITH SPECIFIED REQUIREMENTS; ESTABLISHING DUTIES OF THE MIAMI DADE COUNTY REGULATORY AND ECONOMIC RESOURCES DEPARTMENT OR SUCCESSOR DEPARTMENT; PROVIDING FOR ADDITIONAL RULES OF OPERATION; AUTHORIZING TRANSPORTATION NETWORK ENTITIES TO ESTABLISH FARES AND RATES WITH CERTAIN EXCEPTIONS; AMENDING PROVISIONS RELATING TO VEHICLE STANDARDS; ESTABLISHING INSURANCE REQUIREMENTS; AUTHORIZING THE COUNTY COMMISSION TO ESTABLISH FEES; PROVIDING THAT TRANSPORTATION NETWORK ENTITIES MAY AUTHORIZE A VEHICLE TO BE OPERATED AS A TRANSPORTATION NETWORK ENTITY VEHICLE UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REGULATION OF TRANSPORTATION NETWORK ENTITY VEHICLES; REQUIRING THAT ADVERTISEMENTS FOR SERVICES CONTAIN CERTAIN INFORMATION; PROVIDING FOR ENFORCEMENT, PENALTIES, SUSPENSION, AND REVOCATION; AMENDING SECTION 8CC-10 OF THE CODE TO PROVIDE FOR CIVIL PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: TRANSPORTATION
  NETWORK
Sponsors: Esteban L. Bovo, Jr., Prime 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 5/3/2016 5A Withdrawn
REPORT: SEE RELATED AGENDA ITEMS 5A SUBSTITUTE AND 5A SUBSTITUTE AMENDED, LEGISLATIVE FILE NUMBERS 160959 AND 161161, RESPECTIVELY

Board of County Commissioners 3/8/2016 15F2 PH rescheduled to 5/3/2016, BCC
REPORT: SPECIAL NOTE: Vice Chairman Bovo presented a motion to waive and suspend the rules to reschedule the foregoing proposed ordinance Public Hearing from the Transit & Mobility (TMS) Committee meeting and to remove Legislative file No's. 141303 and 142157 from the TMS Committee meeting to place on the Board of County Commissioner's (BCC) meeting scheduled for May 3, 2016 as well.

Board of County Commissioners 2/25/2016 2A Presented
REPORT: Vice Chairman Bovo noted in his capacity as Chairman of the Transit and Mobility Services Committee, he had been tasked to identify ways to improve transportation in this community. He said that Agenda Items 2A, 2B and 2C were an attempt to improve access to for-hire vehicles, without creating a competitive advantage for any part of the industry, while being mindful of the safety of the passengers. Vice Chairman Bovo observed that Uber and Lift had penetrated the market around the world, and the apps had opened up new markets. He said that while crafting the legislation, he tried to keep in mind that there should be background checks, and that the public concerns for safety should be foremost. Vice Chairman Bovo noted taxicab drivers said that they wanted to be able to compete, and the County Commission should afford them that ability; however, he did not wish to take a new model and impose on it rules from the past. Mayor Gimenez said he agreed that options should be provided for the residents and visitors, who were already using the Transportation Network Entities (TNEs). Mayor Gimenez emphasized the importance of bringing the taxicab industry into the 21st Century, of levelling the playing field, and of letting the various for-hire vehicles compete for customers. Commissioner Heyman said that she favored giving the industry greater authority to organize its work; and would prefer for the County Commission to be in an oversight position. She noted she believed that local, State and national background checks should be carried out, and suggested that local law enforcement agencies be authorized to carry out these background checks for a fee. Commissioner Heyman said she believed that whenever the County conducted an audit, it should be at the cost of the industry and not the tax payers. She noted the proposal imposed on the industry the same insurance requirements as the State; and she believed that this rate should be higher if the TNE had a passenger. Commissioner Heyman pointed out that the proposal did not deal with penalties. She suggested that any fees collected through penalties be used to replenish the Special Transportation Services (STS) fund. Commissioner Diaz emphasized that security was paramount, and he believed that checking fingerprints was the best way to determine whether a person was trustworthy. He pointed out that it took the same amount of time to carry out a level I and a level II background checks. He said he did not believe that it was necessary for TNE drivers to obtain a Chauffeur’s Registration. With regard to insurance, Commissioner Diaz noted Uber would be providing $1 million insurance while the driver was driving for the company. He said that if a passenger was riding in a taxicab and there was an accident, the insurance would automatically cover the incident; and he inquired whether this would be the case if the passenger was using a TNE. Commissioner Diaz stated that eventually, he wanted to provide choices to the passengers. He said that he respected the people who had been driving taxicabs all their lives, and he did not want Uber drivers to be hailed in the street by passengers. Commissioner Diaz suggested that Uber vehicles display clear signage in order to protect the passengers. In response to Commissioner Sosa’s question regarding whether the legislation addressed the STS, Assistant County Attorney Bruce Libhaber indicated that none of the ordinances eliminated the contract between the County and the STS. He noted currently someone identified as an STS rider was not prohibited from hailing a taxicab. Assistant County Attorney Libhaber advised that the ordinance did not address Commissioner Heyman’s point regarding funding for the County to assist the STS program. Commissioner Sosa noted if any funds were generated from the TNEs, they could be allocated during the budget process to the STS fund. Responding to Commissioner Sosa’s question as to whether taxicabs would continue paying for permits, and if the TNEs would also have to pay for permits, Assistant County Attorney Gerald Sanchez confirmed that taxicabs would have to continue obtaining permits before the vehicle could be operated, and they would have to pay a fee. TNE vehicles would have to be inspected; however, those inspections would be performed by the entity itself, and a certification would be provided to the entity. Pursuant to Commissioner Sosa’s comment that it was not fair for the taxi industry to continue paying for permits, while the TNEs would not be subject to that requirement, Vice Chairman Bovo said that he could address this concern in the next legislation. Commissioner Sosa commended Vice Chairman Bovo for bringing forth these proposals. She suggested that in the end all of the items be compiled into a comprehensive piece of legislation. In response to Commissioner Sosa’s question regarding whether the TNEs and their drivers would be covered by insurance, Assistant County Attorney Sanchez stated that the insurance requirement was whatever State law provided. However, he noted, this was being challenged in court. Responding to Commissioner Sosa’s question regarding whether his proposal required the same level of insurance for TNEs as for taxicabs, Vice Chairman Bovo said the proposal suggested the same level of insurance when the TNE driver was engaged in business. Commissioner Sosa noted in the past there had been a number of problems with taxi drivers; and it was necessary to make the extra effort for everyone to be protected, as safety was of the utmost importance. She inquired whether the background checks included fingerprints. Vice Chairman Bovo said that the legislation contemplated criminal background checks, and he was willing to consider the possibility of requiring fingerprints. However, he pointed out that a driver could pass all background checks and one day go on an unexpected rampage. Responding to Commissioner Sosa’s question regarding whether TNE drivers were required to obtain a Special Chauffeur’s Registration, Vice Chairman Bovo said all that was required for TNE drivers was a normal license. Commissioner Sosa noted she believed that the County should be responsible for car inspections. In response to her question regarding the level of maintenance of the car, Vice Chairman Bovo noted vehicle inspections were included in the legislation. He said a mechanism could be employed that would allow the entity to carry out the background checks, and all that would be needed was for the County to have the ability to inspect the entity’s work. Commissioner Sosa suggested that when conducting the audits the County have the ability to view the complaints lodged by the customers of the taxi industry and the TNEs. Vice Chairman Bovo indicated that this was already included in the legislation, which provided that the County should have access to all of the records. He pointed out that the TNEs were not profitable if their drivers were not reliable. Commissioner Barreiro said TNE drivers should not be allowed to solicit passengers. With regard to insurance, he pointed out that once a TNE driver set out to pick up a passenger he was covered by the company’s insurance. He related a recent incident in which he was involved in an accident with a TNE driver; and suggested that if a TNE driver was involved in an accident, he/she should disclose his/her company affiliation. Vice Chairman Bovo pointed out that Commissioner Diaz’ suggestion – that vehicles bear TNE signage – could perhaps address this concern. He stressed that the legislation did not allow the TNEs to he hailed as taxicabs. Vice Chairman Bovo stated that if a driver made arrangements to pick up a passenger outside of the framework of the TNE, that ride was not covered by the company’s insurance. Commissioner Diaz suggested that the point at which the passengers were covered by the company’s insurance be made explicit. With regard to fingerprints and background checks, Commissioner Barreiro suggested that if the drivers were approved they be allowed a window of time to get fingerprinted. Commissioner Diaz suggested that the requirement for fingerprinting be imposed across the board; and that it be done at the outset. Commissioner Barreiro suggested that both taxicabs and TNEs be subject to the same monetary penalties for violations. Commissioner Levine Cava thanked Vice Chairman Bovo for bringing proposals to be discussed. She thanked Commissioner Jordan for requesting that the Commission Auditor’s Office prepare a matrix. She said she believed that the Houston example was most applicable because it appeared to be similar to Miami. Commissioner Levine Cava noted while Houston did not impose heavy-handed regulations, they had a regulatory framework for the TNEs. She stated that Houston required fingerprint background checks conducted by the City; a physical examination for drivers; a drug screening examination; a vehicle inspection conducted by the City, and an emblem on the vehicle. Commissioner Levine Cava noted the proposed legislation reflected these standards, with the exception of fingerprints and vehicle inspections. She said she believed that both fingerprints and vehicle inspections should be conducted by the County. Lastly, she noted, taxicab and limousine drivers are tracked and have to pay their fees at the airport; and the TNE drivers should be similarly monitored and made to pay the airport fees. She inquired whether a technological solution existed to track these drivers. Vice Chairman Bovo said he believed that the legislation addressed this issue. He expressed his agreement that the County should ensure that the airport fees are paid. Commissioner Moss noted while safety was his primary concern, he also believed that the playing field should be levelled. He said that he would await the conclusion of the discussion of Agenda Items 2A, B and C to decide whether to proceed with Agenda Items 2D and F. Commissioner Jordan noted she agreed with Commissioners Sosa, Barreiro and Diaz, with regard to the importance of imposing background checks and fingerprints conducted by the County. She stated that there should be industry standards for all of the vehicles, and vehicle inspections were also very critical. Commissioner Jordan noted Handwritten Page 18, Sub-Section (25), provided that the “Mayor or Mayor’s designee shall be authorized to enter into a data sharing agreement with each Transportation Network Entity,” and she inquired as to the purpose of this agreement. Ms. Alice Bravo, Director, Department of Transportation and Public Works, informed her that the purpose of the agreement was to collect information to plan for bus routes, and to enhance coordination at Metrorail stations. Commissioner Jordan suggested that this explanation be included in the legislation. She noted Handwritten Page 18, Sub-Section (m) provided that “if a Transportation Network Entity cannot arrange a wheelchair-accessible vehicle, it shall direct the passenger to an alternate provider of wheelchair-accessible services.” She said that the alternate provider at this time would be the taxi operators who are required by code to pick up wheelchair passengers, and she inquired what would happen if the recommended wheelchair provider was out of business. Ms. Bravo stated that as the legislation was being developed, this was debated; and given the fluctuation of TNE drivers that might be available at any given time, it did not seem possible to mandate more. She noted the existence of private companies that transport wheelchair passengers, and said this was the reason for the option. Pursuant to Commissioner Jordan’s question as to whether it would be possible for the County to mandate that a certain percentage of the TNEs be wheelchair-accessible vehicles, Assistant County Attorney Sanchez confirmed that this would be possible. Commissioner Jordan noted Handwritten Page 19, Sub-Section (o) provided that “[t]he fee for a Transportation Network Entity license shall be determined by the implementing order approved by resolution adopted by the County Commission.” She inquired as to the amount of this TNE license fee. Ms. Bravo said that it would be equitable, and depend on the labor required by staff to process the application. Commissioner Jordan suggested that this language be added to specify that it would be comparable to the amount of the taxicab license. She noted Handwritten Page 19, Sub-Section (q) provided that the TNE would certify that a driver had met the requirements of the background check. She inquired whether the TNE shared the certification data with the County; and recommended that the County perform the background checks. She noted Handwritten Page 19, Sub-Section (q) (1) provided that in order to be authorized to drive for a TNE an individual shall submit an application that includes, at a minimum, information regarding automobile liability insurance. She inquired why this requirement was necessary if the TNE provided the insurance coverage. Assistant County Attorney Sanchez advised that under the financial responsibility section of State law, the owner or lessee of a vehicle must satisfy certain minimum requirements. Commissioner Jordan noted Handwritten Page 31, Sub-Section (h) provided that the TNE records for fees charged or collected at Miami International Airport (MIA) must be available for review at the TNE’s local offices in Miami-Dade, Broward and Palm Beach Counties. She pointed out that staff form MIA may have to travel to Palm Beach to review that information; and said MIA staff should not have to travel to other counties to consult TNE records. Commissioner Jordan expressed her agreement with Commissioner Levine Cava’s assessment that Houston’s legislation appeared to be appropriate for Miami’s purposes. She noted in order to drive for a TNE in Houston a driver’s vehicle must not be older than 2008, must not be a rebuilt vehicle; must be a four-door vehicle. In addition, she said the regulations included fingerprint requirements, physical and drug testing, a warrant check, a fire extinguisher, a specific dress code, signage for the vehicle, and the license should be obtained from the Houston permitting center. Commissioner Edmonson thanked Vice Chairman Bovo you for bringing this proposed legislation forward. She said she agreed that the playing field should be levelled; that fingerprint background checks should be imposed across the board and should be conducted by the County; that drug and alcohol testing should be mandatory; that insurance requirements should be the same across the board; and that the company should pay for the insurance, as well as the cost for operating at MIA or the Port of Miami. Responding to Commissioner Jordan’s question regarding whether the permit fees would be the same for all TNEs, Ms. Bravo explained that the main permit would allow the company to register with the County as a TNE. Assistant County Attorney Sanchez clarified that the taxicabs had to pay a fee for the medallions, the permits, and each individual chauffeur had to pay a fee as well. In response to Commissioner Jordan’s question as to whether the permit would be for the TNEs or for every car, Assistant County Attorney Sanchez provided the example of Broward County, noting the charges were tiered and based on the number of vehicles that were being operated. Commissioner Jordan stressed that she wanted the permit fees to be equitable across the board for the taxicabs and the TNEs. Mayor Gimenez said that the Administration would look into this issue and discuss it with the sponsor. Perhaps, he noted, the fees paid by the taxi industry would be lowered since the TNEs would also be paying fees. Commissioner Moss stressed that it would not be fair for the taxicabs and limousines to pay for the department’s budget. He suggested a shared cost burden among the taxicabs, the limousines and the TNEs. Commissioner Jordan noted Handwritten Page 33 provided that the Board of County Commissioners may, by resolution, establish rates for TNE services originating from MIA and the Port of Miami. She further noted Handwritten Page 33, Sub-Section (a) provided that the TNEs and drivers shall comply with all of the applicable insurance requirements of State law. She wondered whether a driver would be required to notify his/her insurance company that he/she was driving commercially; and whether the County would be liable if the driver failed to do so. Responding to Commissioner Moss’ question regarding a reporting mechanism for TNE’s entering MIA and the Port of Miami, Mayor Gimenez pointed out that the TNE apps tracked the drivers’ movements; therefore, if the drivers went to pick up a passenger at the airport or the seaport, this would be recorded electronically. He said that in certain airports (for example, in Denver) the TNEs had to go through a gate before entering the airport and seaport; presumably they were charged when doing so. Commissioner Moss suggested that a concrete procedure be put in place for the TNEs entering the airport and seaport to prevent the loss of revenue for the County. He inquired what could be done to curtail rogue operators. Vice Chairman Bovo clarified that Commissioner Moss was referring to a situation in which a driver passed out his business card to the passenger, and tried to arrange a trip independently of the TNE. He suggested that perhaps the app should notify the user that these types of transactions were not covered by the company’s insurance. Mayor Gimenez observed that the TNEs would not appreciate this behavior, and would most likely stop doing business with any driver found guilty of engaging in it. He said that any rogue driver should be reported to the company. Commissioner Moss suggested that the legislation unequivocally condemn this type of behavior. Pursuant to Commissioner Moss’ question as to whether preferential relationships between certain hotels and TNEs would be tolerated, Assistant County Attorney Sanchez advised that this kind of activity was already prohibited in the legislation; the driver would be cited and it was possible that the TNE would also be cited if it allowed the driver to violate the provision. Responding to Commissioner Moss’ question regarding how the TNE would be notified that one of its drivers was engaging in this kind of activity, Assistant County Attorney Sanchez noted the legislation contained a requirement to notify the TNE if a violation occurred. Commissioner Souto referred to the case of the Federal Bureau of Investigation (FBI) requesting Apple Computer to unlock the cell phone of a mass shooter. He inquired whether Miami-Dade Police Department was able to monitor the movement of TNE vehicles. Mayor Gimenez noted the case involving Apple Computer and the FBI concerns everyone who has a private cell phone. However, he pointed out, the TNE app was different. He explained that once the app was opened, the passenger received information regarding the driver and vehicle that would be involved in the transaction; and the TNE also had that information. Mayor Gimenez said he believed that this information was very valuable for the TNE; that it was kept securely; and that if the County requested it the TNE would share it. Commissioner Sosa pointed out that the County was in transition with regard to approving the operation of TNEs. She suggested that a moratorium be implemented until changes were approved to avoid hurting the industry. Commissioner Sosa asked for a moment of personal privilege and congratulated Mayor Gimenez on the birth of his grandson. Discussion ensued between Vice Chairman Bovo and the other commissioners regarding the changes that had been proposed. Vice Chairman Bovo noted a number of recommended changes were already addressed in the proposed legislation; however, all commissioners were welcome to draft amendments. Commissioner Barreiro suggested that Commissioner Bovo incorporate the recommended changes into the proposed legislation, which would then be shared with the commissioners. He suggested that at that point, if the commissioners believed that some of their recommendations had not been addressed, they could put forth additional legislation.

Board of County Commissioners 1/22/2016 Municipalities notified of public hearing Transit and Mobility Services Committee 3/16/2016 1/20/2016

Board of County Commissioners 1/20/2016 Tentatively scheduled for a public hearing Transit and Mobility Services Committee 3/16/2016

Board of County Commissioners 1/20/2016 4B Adopted on first reading 3/16/2016 P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. County Attorney Abigail Price-Williams advised that it would be appropriate at this time for the public to speak on Items 4B, 4C and 4D. In Chairman Monestime's absence, Vice Chairman Bovo extended a reasonable opportunity for the public to be heard on Items 4B, 4C and 4D. He noted it was his understanding that the individuals in support of Uber had agreed to have Mr. Cesar Fernandez speak on their behalf. Vice Chairman Bovo stated for the record, that approximately 25 to 30 members may be downstairs who were unable to be present in the Chambers because of the Fire Safety rule. Commissioner Suarez arrived at 12:05 p.m. Mr. Kasra Mashkani, 80 SW Eighth Street, Miami, Florida 33130, appeared before the Board on behalf of Uber drivers, riders and community supporters, in support of Item 4B; and asked them to stand and be recognized. He thanked Vice Chairman Bovo and Mayor Gimenez for their leadership in moving this issue forward. He also thanked Chairman Monestime for withdrawing his item and for his commitment to moving forward with ride sharing in an inclusive way. Mr. Mashkani said he looked forward to a productive dialogue with the Chairman, Vice Chairman and Commissioners over the next couple of weeks and couple of months. He noted Uber was a committed partner in Miami-Dade County and looked forward to having a permanent home in this County. He recognized Mr. Bill Talbert. Mr. Bill Talbert acknowledged the presence of representatives of the business community, including the Miami-Dade Chamber; the Coral Gables Chamber; Greater Miami Chamber; the Beacon Council, the Miami Downtown Development Authority; former Miami Beach Commissioner Jerry Libbin; and the Greater Miami and the Beaches Hotel Association. He noted the business community supported Uber, and tourists expected this service for a world-class community. Mr. Talbert said the business community was prepared to attend the proposed workshop, and he thanked Chairman Monestime for his leadership. He submitted resolutions in support of Item 4B. Vice Chairman Bovo noted public testimony from the Transportation Network Entities was concluded. Chairman Monestime resumed the Chair and called for individuals wishing to speak in connection with Items 4B, 4C and 4D. ~ Mr. Terry Eisenberg, 3600 NW 37 Court, representing the Taxicab Industry, appeared in opposition to Items 4B, 4C and 4D. He noted people must be vetted; questioned when deregulation protected the community; and noted the Board must set an example. Mr. Eisenberg said he agreed with the use of technology; however, regulations were necessary to protect each consumer and tourist who entered a for-hire vehicle. He discussed Uber’s legal status. Mr. Diego Feliciano, 2750 NW 36 Avenue, President, South Florida Taxicab Association, appeared in opposition to Items 4B, 4C and 4D. He referred to an ordinance sponsored by Commissioner Moss during his tenure as Chairman of the Transportation Committee, which was adopted on first reading; and asked whether this item would be part of the workshop. Commissioner Moss said he would expect the proposed ordinance would be part of workshop. Mr. Jerry Moskowitz, 2284 NW 36 Street, Taxi Industry, appeared in opposition to Items 4B, 4C and 4D. He noted the Board had stressed accountability for the taxicab industry; however, the proposed ordinances had no accountability; and did not require background checks with fingerprints or vehicle inspections. Mr. Moskowitz noted the Board must protect the public. Mr. Frank Hernandez, 3111 NW 27 Avenue, noted Uber’s prices were cheap as they did not pay fees to the County or to the Airport; had no vehicle inspections; operated with Geico insurance; and picked up street hails for cash. Mr. Gustavo Chacon, 1051 NW 18 Avenue, Miami, Florida 33125, appeared in opposition to items 4B, 4C and 4D. He questioned why Uber drivers were not arrested when they working illegally in Miami-Dade County, noting Uber provided similar service as the black sedans and taxicabs. Mr. Chacon said three proposed legislations were not necessary, and the taxicab drivers were oppressed by the Code. He also said the luxury black sedans should operate under the same rules. Mr. Tim Alborg, Public Policy Manager, Lyft, 2300 Harrison Street, San Francisco 94117, spoke in support of ride sharing in Miami-Dade County. He said Lyft offered its drivers meaningful supplemental income with a flexible schedule, and an opportunity to become a small business owner. Mr. Alborg noted 97 percent of passengers believed that Lyft had high safety standards; and the company required 19-point vehicle inspections, criminal background checks, a clean driving record, and a zero tolerance policy for alcohol and drugs. He also noted Lyft required photo identification of drivers in its app, as well as a vehicle photo and a license plate number. Mr. Alborg added that Lyft offered $1 million in liability insurance coverage per accident; and all rides were tracked by Global Positioning System; and were also cashless. He noted Commissioner Bovo’s proposed ordinance was a positive step towards creating a framework for ride-sharing in Miami-Dade County; and while Lyft had concerns regarding some aspects of the proposal, they looked forward to continuing to work with the Board to secure a permanent future for Lyft in South Florida. Mr. Jack Joseph Russell, 9850 SW 88 Drive, Kendall, former taxicab owner and current medallion owner, appeared in opposition to Items 4B, 4C and 4D. He urged that Uber and Lyft not be legalized, noting this would destroy the taxi industry, thus forcing taxicab drivers and medallion owners into debt and bankruptcy. Mr. William Pratt, representing Moskocab, 2284 NW 36 Street, Miami, Florida 33142, appeared in opposition to Items 4B, 4C and 4D. He commented on the regulations imposed on the taxicab industry. Mr. Neil Goodman, 3780 NE 207 Terrace, Aventura 33181, commented on the importance of background checks for Uber drivers. He noted they were welcome as long as they were vetted, and this should be conducted by the County. Mr. Gerard Raphael, 405 NW 128 Street, Miami, Florida 33168, taxicab driver, appeared in opposition to Item 4B. He noted the Board must be fair and impartial; and the proposed ordinance gave Uber and Lyft too much power. Mr. Timothy List, 512 NE 211 Terrace, Miami, Florida 33179, appeared in opposition to Item 4B. He commented on the importance of the insurance regulations, which he noted must be enforced. Mr. Ira Leshin, 2020 NE 135 Street, Miami, commented on the need for a better and fair representation during the proposed workshop regarding the allocations taxicabs and Uber drivers would receive, and the amount. Mr. Akhtar Kamal, 1940 NW 4 Court, appeared in opposition to Items 4B, 4C and 4D. He noted Uber and Lyft drivers had been operating illegally and had provided dangerous drivers. Ms. Lise Registre, 18928 NW, District 1, taxi driver, appeared in opposition to Item 4B. She noted taxicab drivers complied with the rules and some drivers purchased the taxi permits two years ago for $435,000. Mr. Alex Zagruzny, 16850 Collins Avenue, North Miami, Florida, appeared in opposition to Items 4B, 4C and 4D. He read Uber’s terms and conditions; and explained why Uber drivers did not register with the County. Mr. Emilio Izquierdo, Jr., 7212 SW 21 Street, Miami, Florida 33155, commented on the need for licenses for independent contractor limo drivers. He noted he and the limo drivers whom he represented had an excellent record for 18 years. Mr. Niaz Mohammad, 17922 SW 145 Avenue, appeared in opposition to Items 4B, 4C and 4D. He urged the Board to regulate the fare prices for Uber and Lyft. Mr. Ron Haskel, 2750 NW 27 Avenue, Miami, Florida, appeared in opposition to Items 4B, 4C and 4D. He noted Uber was not a ride sharing service but a taxi for hire, and they should be required to purchase medallions. Ms. Manuela Adrian, 300 Bayview, 33160, appeared in connection with Items 4B, 4C and 4D. She noted over 150 individuals had signed a petition in favor of regulations, within 30 hours. Ms. Margarita Sedino (phonetic), 1031 NW 130 Avenue, taxicab driver, requested that Uber drivers be regulated. Mr. Scott Tinkler, President, Aventura Worldwide Transportation, 20253 NE 15 Court, appeared in connection with Items 4B, 4C and 4D. He urged the Board to consider fair compensation whenever it enacted the proposed ordinances related to Uber’s operation; and the impact on existing companies that grew their businesses properly and legally over 25 years. Mr. Amal Rolle (phonetic), 395 Ashby Road, Miami Florida, taxi driver, spoke in opposition to Uber. Ms. Meena Jagannath, 2061 North Bay Road, Miami Beach 33140, appeared in connection with Item 4C. She noted the removal of certain provisions, including those regarding chauffeur’s agreements, removed the few protections the Code offered drivers in an already exploited system. Ms. Jagannath suggested that permits be made directly available to the drivers, rather than having them pay 80 percent of their earnings for the lease of a for-hire license or medallion. Mr. Saloman Cunar (phonetic), 240 NE 157 Street, Miami, Florida 33162, board member, New Vision Drivers Association of Taxi Drivers, appeared in opposition to Item 4C. He suggested the Board revisit this item as opportunities for taxi drivers had been removed from this item. Mr. Matthew Fernandez, 9810 SW 5th Street, representing Filmgate Miami, a non-profit film and technology group based in Wynwood, requested the Board’s support for this group. Mr. Ernst Derizer, 830 NW 143 Street, noted he was not against competition but it should be fair and balanced. Ms. Cindy Feigenbaum (phonetic) 638 5th Street, Miami Beach, Florida, taxi driver, appeared in connection with Items 4B, 4C and 4D. She spoke in support of deregulation and noted Uber performed honest background checks, and the drivers were rated by the customer. Mr. Rudy Gonzalez, owner, USA Taxi, appeared in opposition to Items 4B, 4C and 4D. Mr. Rudy Gonzalez, Jr., 3620 NW 22nd Avenue, appeared in opposition to Items 4B, 4C and 4D. He commented on the lack of work for taxi drivers as people were taking Uber; noted the importance of background checks; and referred to the stringent laws in Chapter 31. Ms. Beatrice Parda, (phonetic) Nine Island, Miami Beach, Florida 33139, appeared in support of Items 4B, 4C and 4D. She noted taxi drivers did not transport passengers for short trips in Miami Beach. Mr. Joseph Bisaum (phonetic), 27 NW 67 Street, Miami, Florida, advocate for the American Association for Taxi Cabs, appeared in opposition to Items 4B, 4C and 4D. Mr. Alfredo Lopez, 9300 SW 164 Court, appeared in support of Items 4B, 4C and 4D. He noted Uber was competing with the taxi industry; he received tremendous feedback daily on the service being provided; and Uber was an asset to South Florida businesses. Mr. Lopez urged the Board to support Uber and to establish guidelines in order for the company to compete with the taxi industry. Mr. Ricardo Gamez, 15114 SW 104 Street, Miami, Florida 33196, former Uber driver, noted the drivers would be amenable to the Board’s decision. Mr. Eddy Querete (phonetic), 310 NW 188 Street, Miami, Florida 33169, commented on the contractual agreement between Uber and the drivers. Mr. Antoine Senan (phonetic), 277 NW 177 Street, appeared in connection with Items 4B, 4C and 4D. Mr. Christopher Davis, 475 Brickell, Miami 33131, said Uber and Lyft drivers could be independent drivers; and noted once the proposed ordinances were adopted, he would apply for the transportation network entity license. Mr. Emmanuel Philip, 50 NW 204 Street, Miami Gardens Drive, 33169, appeared in connection with Items 4B, 4C and 4D. He commented on one of the taxicab regulations. Mr. Daniel Costa, 460 NE 168 Terrace, North Miami Beach, taxi driver, appeared in connection with 4B, 4C and 4D. He noted he welcomed competition, but the laws should be followed. Mr. Raymond Francois, 693 NE 167 Street, North Miami Beach, appeared in connection with Items 4B, 4C and 4D. He questioned why an unlimited number was required for transportation network entities (TNEs); and a limited number for taxicabs. Mr. Francois also questioned why TNEs were allowed to set their own price; and taxicab prices were set by the County. Ms. Susan Fried, 1875 NE 197 Terrace, asked about the format of the proposed workshop. Following public input, Commissioner Bovo explained the workshop would be in the form of an executive meeting, in which the Board along with staff could use the information that was provided to develop a good product. Hearing no further questions or comments, the Board proceeded to vote on Items 4B, 4C and 4D. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Transit & Mobility Services Committee on March 16, 2016, at 9:30 a.m.

County Attorney 1/7/2016 Referred Transit and Mobility Services Committee 3/16/2016

Board of County Commissioners 1/5/2016 Requires Municipal Notification Transit and Mobility Services Committee 3/16/2016

County Attorney 1/4/2016 Assigned Gerald K. Sanchez 1/6/2016

Legislative Text


TITLE
ORDINANCE RELATING TO VEHICLES FOR HIRE; AMENDING CHAPTER 31, ARTICLE I, SECTION 31-77 OF THE CODE OF MIAMI DADE COUNTY, FLORIDA, TO PROHIBIT THE OPERATION OF VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION WITHOUT AUTHORIZATION; CREATING CHAPTER 31, ARTICLE VII OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REGULATING TRANSPORTATION NETWORK ENTITIES, TRANSPORTATION NETWORK ENTITY DRIVERS AND TRANSPORTATION NETWORK ENTITY VEHICLES OPERATING IN THE INCORPORATED AND UNINCORPORATED AREAS OF MIAMI-DADE COUNTY; PROVIDING FOR DEFINITIONS; PROHIBITING TRANSFER OF TRANSPORTATION NETWORK ENTITY LICENSES; PROVIDING THAT THERE SHALL BE NO LIMITATION ON THE NUMBER OF TRANSPORTATION NETWORK ENTITY LICENSES THAT MAY BE ISSUED; REQUIRING THAT TRANSPORTATION NETWORK ENTITIES OBTAIN A TRANSPORTATION NETWORK ENTITY LICENSE; REQUIRING THAT TRANSPORTATION NETWORK ENTITIES COMPLY WITH SPECIFIED RULES OF OPERATION; PROVIDING THAT THERE SHALL BE NO LIMIT TO THE NUMBER OF TRANSPORTATION NETWORK ENTITY VEHICLES AUTHORIZED TO OPERATE UNDER A TRANSPORTATION NETWORK ENTITY LICENSE; PROVIDING THAT TRANSPORTATION NETWORK ENTITIES MAY AUTHORIZE A PERSON TO OPERATE A TRANSPORTATION NETWORK ENTITY VEHICLE UNDER CERTAIN CIRCUMSTANCES; REGULATING TRANSPORTATION NETWORK ENTITY DRIVERS; MANDATING THAT TRANSPORTATION NETWORK ENTITY DRIVERS COMPLY WITH SPECIFIED REQUIREMENTS; ESTABLISHING DUTIES OF THE MIAMI DADE COUNTY REGULATORY AND ECONOMIC RESOURCES DEPARTMENT OR SUCCESSOR DEPARTMENT; PROVIDING FOR ADDITIONAL RULES OF OPERATION; AUTHORIZING TRANSPORTATION NETWORK ENTITIES TO ESTABLISH FARES AND RATES WITH CERTAIN EXCEPTIONS; AMENDING PROVISIONS RELATING TO VEHICLE STANDARDS; ESTABLISHING INSURANCE REQUIREMENTS; AUTHORIZING THE COUNTY COMMISSION TO ESTABLISH FEES; PROVIDING THAT TRANSPORTATION NETWORK ENTITIES MAY AUTHORIZE A VEHICLE TO BE OPERATED AS A TRANSPORTATION NETWORK ENTITY VEHICLE UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REGULATION OF TRANSPORTATION NETWORK ENTITY VEHICLES; REQUIRING THAT ADVERTISEMENTS FOR SERVICES CONTAIN CERTAIN INFORMATION; PROVIDING FOR ENFORCEMENT, PENALTIES, SUSPENSION, AND REVOCATION; AMENDING SECTION 8CC-10 OF THE CODE TO PROVIDE FOR CIVIL PENALTIES; 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, Article I, Section 31-77 of the Code of Miami-Dade County, Florida, is hereby amended as follows:
CHAPTER 31. VEHICLES FOR HIRE

ARTICLE I. IN GENERAL

* * *

Sec. 31-77. [[Reserved.]]>>Prohibition on Operation of Vehicles Transporting Passengers For Compensation Without Authorization.

(1) No person or entity may use, cause or permit any other person to use, drive or operate a vehicle to transport passengers for compensation, including a for hire vehicle or a transportation network entity vehicle, on the public streets and roadways of Miami-Dade County without first having a license issued pursuant to Chapter 31 of the Code of Miami-Dade County. As used in this Section, for-hire means any vehicle driven by a person which engages in the transportation of persons and their accompanying property for compensation over the public streets.


(2) No driver may operate a vehicle to transport passengers for compensation, including a for-hire vehicle or a transportation network vehicle, on the public streets and roadways of Miami-Dade County without first having a valid chauffeur’s registration or other applicable registration or credential as provided for in Chapter 31 of the Code of Miami-Dade County.<<

Section 2. Chapter 31, Article VII of the Code of Miami-Dade County, Florida, is hereby created as follows:
CHAPTER 31. VEHICLES FOR HIRE
* * *
>>Article VII. REGULATION OF TRANSPORTATION NETWORK ENTITIES, DRIVERS AND VEHICLES
Sec. 31-701. Definitions.
For purposes of this article, the following definitions shall apply:
(a) Applicant means an individual, partnership or corporation which applies for a transportation network entity license pursuant to the provisions of this article. “Applicant” shall also mean an individual, partnership, corporation, or limited liability company which makes application, where applicable, to renew a transportation network entity license pursuant to the provisions of this article. In the case of partnerships and corporations, “applicant” shall also mean each individual with a partnership interest, each shareholder of a privately held corporation as well as the corporate officers and directors.

(b) Commission means the Board of County Commissioners of Miami-Dade County, Florida.
(c) County means Miami-Dade County, Florida.
(d) County Mayor means the head of County government as provided in Article 2 of the Home Rule Charter of Miami Dade County, Florida.
(e) Department means the Miami-Dade County Regulatory and Economic Resources Department or successor department.

(f) Director means the Director of the Department or the Director’s designee.

(g) Passenger means a person utilizing a transportation network entity vehicle for transportation network entity services but does not include the transportation network entity driver.

(h) Person means any natural person(s), firm, partnership, association, corporation, or other business entity.
(i) Personnel authorized by the Department means uniformed enforcement personnel and any other individual authorized by the Director.
(j) Prearranged or prearrange means an electronic reservation made in advance by the person requesting service through a transportation network entity for the provision of transportation network entity services.
(k) Solicit means an appeal by bell, horn, whistle, words or gestures by a driver or his or her agent directed at individuals or groups.

(l) Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park, viaduct or other public place accessible to the public, located in Miami Dade County and used by motor vehicles.
(m) Street hail means an immediate arrangement made on a street with a driver by a person seeking immediate transportation.

(n) Taxicab stand means the County-approved location on a public right-of-way for awaiting employment which is specifically marked with a taxicab stand sign. Taxicab stand also means a designated location for awaiting employment authorized and provided by the owner of private property.


(o) Transportation network entity shall mean a natural person(s), firm, partnership, association, corporation, or other business entity that uses a digital platform to, at a minimum, connect a passenger to a transportation network entity driver on a prearranged basis so that such driver may provide transportation network entity services.
(p) Transportation network entity license means a license issued by the Department to a transportation network entity authorizing the transportation network entity to, at a minimum, allow transportation network entity drivers to provide transportation network entity services on a prearranged basis using a transportation network entity vehicle within the incorporated and unincorporated areas of Miami-Dade County, Florida.

(q) Transportation network entity driver shall mean an individual who uses a personal vehicle to provide prearranged transportation network entity services through a transportation network entity using a transportation network entity vehicle.
(r) Transportation network entity services shall mean the provision of prearranged transportation services by a transportation network entity driver through a transportation network entity digital platform. Transportation network entity services do not include ridesharing, as defined in section 341.031 of the Florida Statutes, or carpool arrangements, as defined in section 450.28 of the Florida Statutes, or any other type of shared expense arrangement where the driver receives reimbursement that does not exceed the driver’s cost of providing the ride.
(s) Transportation network entity vehicle shall mean a vehicle which transports eight passengers or less, which is not a taxicab, stretch limousine, super-stretch limousine, luxury limousine sedan, passenger motor carrier vehicle or special transportation services vehicle regulated by this chapter, that is used by a transportation network entity driver to provide transportation network entity services.

(t) Trade name or doing business as (“d/b/a”) name means the County-approved name under which the transportation network entity license holder may provide transportation network entity services, and which name shall not duplicate the name of any other transportation network entity license holder or transportation network entity.
Sec. 31-702. Transportation Network Entity License.
(a) Prohibition against unauthorized operations. It shall be unlawful for any transportation network entity to begin operations, or allow transportation network entity drivers to provide transportation network entity services, as defined in Section 31-701, upon the streets of Miami-Dade County, Florida, without first obtaining a transportation network entity license and maintaining it current and valid pursuant to the provisions of this article. There shall be no limitation on the number of transportation network entity licenses that may be issued.
(b) Out-of-County origin exception. Nothing in this article shall be construed to prohibit:
(1) Discharge within Miami-Dade County of any passenger lawfully picked up in another County and lawfully transported into Miami-Dade County; and
(2) Pick up of a paratransit passenger by a provider of paratransit services that is duly licensed and legally authorized to provide paratransit services in a county adjacent to Miami-Dade County provided that such county has determined that the passenger is eligible for paratransit services and such passenger is picked up within the American with Disabilities Act defined areas of Miami-Dade County. A paratransit service provider shall not be required to obtain a Miami Dade County transportation network entity license for such purpose.
(c) Application procedures. Every initial application for a transportation network entity license shall be in writing, signed and sworn to by the applicant, and shall be filed with the Department together with a processing fee which shall be nonrefundable. If the applicant is a corporation, the form shall be signed and sworn to by the president or vice president, and the corporate secretary shall attest such signature and affix the corporate seal. If the applicant is a partnership, the form shall be signed and sworn to by a general partner. If the applicant is a limited liability company, the form shall be signed and sworn to by a managing member. The application shall be on a form provided by the Department and shall contain all information required thereon, including:
(1) Sufficient information to identify the applicant including, but not limited to, full legal name and trade name, date of birth, telephone number, business address and residence address of the applicant. If the applicant is a corporation, the foregoing information shall be provided for each officer, resident agent and director. If the applicant is a partnership, the foregoing information shall be provided for each partner. A post office box address will not be accepted hereunder;
(2) All applicants shall have a place of business in Miami-Dade, Broward or Palm Beach County, Florida. All corporate, partnership, or limited liability company applicants shall be organized or qualified to do business under the laws of Florida. Post office box addresses will not be accepted;
(3) The class or classes of transportation service which the applicant desires to furnish;
(4) The trade name under which the applicant intends to operate;
(5) A description of all present and prior transportation business activities of the applicant during the past five (5) years;
(6) A record of all crimes to which the applicant has pled nolo contendere, pled guilty, or of which the applicant has been found guilty or been convicted, whether or not adjudication has been withheld within the ten (10) years preceding the date of the application. In the case of a corporate or partnership or limited liability company applicant, this information shall be obtained from all corporate officers and directors or partners or managing members, as the case may be;
(7) A sworn statement signed by the applicant that all information provided by the applicant is true and correct; and
(8) A certification by the transportation network entity that all transportation network entity drivers operating under its license have undergone a background check pursuant to Section 31-702(q) and meet the requirements of Section 31-703(b), and that all transportation network entity vehicles have a current inspection certification which meets the requirements of Section 31-708.
(d) Review of transportation network entity license applicants. The Director shall review the required documents and reject any application that is not properly filed or that is incomplete or untrue in whole or in part. The Director shall approve the application if the applicant meets all of the requirements of this article. The Director’s decision to reject or to deny may be appealed in accordance with this article. An applicant shall not be eligible for a transportation network entity license if he/she/it:
(1) Has misrepresented or concealed a material fact on his, her or its application;
(2) Has pled nolo contendere, pled guilty, been found guilty or been convicted of a felony within the last five (5) years, regardless of whether adjudication has been withheld, unless his or her civil or residency rights have been restored;
(3) Has pled nolo contendere, pled guilty, been found guilty or been convicted of any crime wherein a transportation network entity vehicle was employed whether or not adjudication has been withheld;
(4) Has pled nolo contendere, pled guilty, been found guilty or been convicted of any felony, regardless of whether adjudication has been withheld, involving moral turpitude relating to sex, the use of a deadly weapon, homicide, violence against a law enforcement officer under Section 775.0823, Florida Statutes, or is a habitual violent felony offender under Section 775.084, Florida Statutes;
(5) Was enjoined by a court of competent jurisdiction in Miami-Dade County from engaging in the for hire business or was enjoined by a court of competent jurisdiction in Miami-Dade County with respect to any of the requirements of this chapter;
(6) Does not have a place of business located in Miami Dade, Broward or Palm Beach County, Florida;
(7) Has any unsatisfied civil penalty or judgment in Miami-Dade County, unless either is being challenged by the transportation network entity in a legal proceeding pertaining to that transportation network entity’s operations;
(8) Has had a transportation network entity license issued by Miami-Dade County revoked within the last five (5) years; provided that, the Director, for good cause shown, may shorten this period;
(9) Has within the last five (5) years pled nolo contendere, pled guilty, been found guilty or been convicted of any misdemeanor (regardless of whether adjudication is withheld) involving moral turpitude relating to sex; or
(10) Has within the last ten (10) years pled nolo contendere, pled guilty, been found guilty or been convicted (regardless of whether adjudication is withheld) of any offense involving trafficking in narcotics. After said ten-year period, such a person shall only be eligible if and when his or her civil or residency rights have been restored.
(e) Conditions for obtaining a transportation network entity license. No transportation network entity license shall be issued unless the applicant:
(1) Has paid an annual license fee;
(2) Has submitted proof of insurance required by this article;
(3) Has ensured that transportation network entity vehicles operated under the authority of the transportation network entity have passed all required vehicle inspections; and
(4) Has ensured that all transportation network entity drivers under the authority of the transportation network entity have passed the required background check.
(f) Failure of the applicant to meet all of the foregoing requirements within forty-five (45) days after notification of conditional approval shall cause the license not to be issued. If the applicant believes he, she or it cannot meet the foregoing requirements within the 45-day period, the applicant may, prior to expiration of such 45-day period, request in writing a reasonable extension from the Director. If the request states good cause for an extension, the Director shall grant such a reasonable extension as the Director finds is in the public interest.
(g) Vehicles authorized to operate under a transportation network entity license. There shall be no limit to the number of transportation network entity vehicles authorized to operate under a transportation network entity license.
(h) Issuance of transportation network entity license. Each transportation network entity license shall be on a form developed by the Department and shall be signed by the Director. Each transportation network entity license shall, at a minimum, contain the name and the business address of the license holder, date of issuance and its expiration date.
(i) Expiration of and renewal process for transportation network entity licenses. Transportation network entity licenses may be issued for such periods as specified in the implementing order establishing the fees but in no case for a period less than one (1) year. Each renewal shall be submitted no less than thirty (30) days prior to expiration of the existing transportation network entity license together with payment of a license fee. As part of the renewal process, the original application shall be updated and verified by the applicant on forms supplied by the Department. The Director shall deny any renewal application that is not timely, is not properly filed, is incomplete, is untrue in whole or in part, or results in a determination by the Director that the applicant has failed to satisfy the requirements of subsections 31-702 (c), (d) or (e). Appeal of the denial of a renewal application shall be in accordance with this article.
(j) Grace period. License holders shall have a grace period of up to thirty (30) days after expiration of their license in which to renew same provided, however, that all operations shall cease on the date of license expiration and the license holder shall also pay a late fee over and above the annual license fee. All transportation network entity licenses which have not been renewed on or before thirty (30) days after their expiration shall automatically be deemed revoked.
(k) If a transportation network entity operates at Miami International Airport or Port of Miami, such transportation network entity shall utilize a system to identify all transportation network entity vehicles picking up passengers at Miami International Airport and Port of Miami, as applicable, and keep records of such trips for the preceding three (3) years, certify annually that all fees have been paid and allow audits of relevant documents two (2) times a year. For purposes of this article, the Miami Intermodal Center shall be considered part of Miami International Airport. If the Director of Miami International Airport or the Director of the Port of Miami determines that a transportation network entity has failed to account accurately for the fees to be paid pursuant to the implementing order establishing fees, the transportation network entity shall implement a technological solution or implement other procedures that the Director of Miami International Airport or the Director of the Port of Miami determines is sufficient to verify the number of pickups at Miami International Airport or the Port of Miami. Notwithstanding this subsection, the Mayor or Mayor’s designee is authorized to enter into an operating agreement with a transportation network entity operating at Miami International Airport or Port of Miami, as applicable, in order to set forth terms and conditions of a transportation network entity’s access, operations and responsibilities as it pertains to those facilities.
(l) Rules of operation. Transportation network entity license holders shall abide by all ordinances, resolutions, rules and regulations applicable to transportation network entity license holders and shall be subject to the enforcement provisions contained in this chapter and chapter 8CC of the Miami-Dade County Code. A transportation network entity license holder and her, his or its agents shall comply with the following regulations:
(1) Comply with applicable federal law, Florida law, this chapter, and ordinances, rules and regulations of the County applicable to the operation of transportation network entity vehicles;

(2) Immediately report any change of address;

(3) Maintain all records demonstrating compliance with the provisions of this article and pertaining to the transportation network entity services of a transportation network entity vehicle electronically for three (3) years;

(4) A transportation network entity shall not allow or permit any person to operate a transportation network entity vehicle who does not meet the requirements of Section 31-703;

(5) A transportation network entity shall ensure that all transportation network entity vehicles to be placed into service have passed an inspection indicating that they meet the vehicle and inspection requirements set forth in Section 31-708(e)-(f);

(6) A transportation network entity shall not knowingly permit a transportation network entity driver to drive any transportation network entity vehicle unless the brakes, steering mechanism, tires, horn, windshield wipers, side and rearview mirrors, and all lighting devices are in good working order and the vehicle meets all other applicable vehicle standards as set forth in this article;

(7) A transportation network entity shall not knowingly permit a transportation network entity driver to operate a transportation network entity vehicle while his or her ability or alertness is so impaired or so likely to become impaired through fatigue, illness, or any other cause, as to make it unsafe for the transportation network entity driver to begin or continue to drive the vehicle;

(8) Reserved;


(9) A deaf or hard of hearing person, totally or partially blind person, or disabled person riding in a transportation network entity vehicle shall be permitted to be accompanied by a service animal specially trained for the purpose without being required to pay an extra charge for the service animal;

(10) A transportation network entity shall adopt and require all transportation network entity drivers to display a consistent trade marking (i.e., distinctive signage or display on the vehicle) that is sufficiently large and color contrasted as to be readable during daylight hours at a distance of at least fifty (50) feet when providing transportation network entity services;

(11) A transportation network entity shall not knowingly permit any transportation network entity driver to utilize any areas designated solely for use by taxicabs;

(12) A transportation network entity shall not knowingly permit any transportation network entity driver to solicit or pick up passengers other than by prearrangement through the transportation network entity;

(13) A transportation network entity shall not knowingly permit any transportation network entity driver to accept street hails;

(14) A transportation network entity shall not knowingly allow or permit any transportation network entity vehicle to display the word(s) “taxicab”, “taxi” or “cab” on the exterior or interior of the vehicle;

(15) A transportation network entity shall ensure that the digital platform used by a transportation network entity to connect transportation network entity drivers and passengers displays the first name of the transportation network entity driver, a picture of the transportation network entity driver, the license plate number of the transportation network entity vehicle, a picture of the transportation network entity vehicle or description of the transportation network entity vehicle that, in the Director’s sole discretion, is sufficient to enable a passenger to easily identify the vehicle, as well as a driver rating system;

(16) A transportation network entity shall implement a zero tolerance policy on the use of drugs or alcohol while a transportation network entity driver provides transportation network entity services. Each transportation network entity license holder shall provide notice of the zero tolerance policy on its website, as well as a complaint telephone number, e-mail address, or hyperlink, and procedures to report a complaint about a transportation network entity driver who is suspected of being under the influence of drugs or alcohol while providing transportation network entity services;

(17) Upon completion of a trip, a transportation network entity shall transmit an electronic receipt to the passenger’s e-mail address or mobile application documenting the date of the trip, the origination of the trip, the first name of the transportation network entity driver, and a description of the total amount paid, if any;

(18) A transportation network entity shall maintain a physical office in Miami-Dade, Broward or Palm Beach County that is open to the public, at a minimum, from 9:00 a.m. to 5:00 p.m. on weekdays;

(19) A transportation network entity shall maintain a website that provides a customer service telephone number, e mail address, or hyperlink at which a representative from the transportation network entity may be reached twenty-four (24) hours per day, seven (7) days per week;

(20) A transportation network entity shall maintain an emergency telephone number at which a representative of the transportation network entity may be reached twenty-four (24) hours per day, seven (7) days per week, to respond to law enforcement emergency requests;

(21) A transportation network entity shall ensure that transportation network entity drivers operating on its digital platform are aware of the requirements of this chapter and shall not knowingly permit a transportation network entity driver who is violating these requirements to operate on its digital platform;

(22) Antidiscrimination

(a) No transportation network entity shall knowingly allow or permit a driver to refuse or neglect to provide transportation network entity services to any orderly person requesting such services and able and willing to pay for such services, regardless of the requested destination, or on account of that person’s race, sex, religion, national origin, age, marital status, sexual orientation, gender identity or expression, pregnancy, disability, color, or political affiliation.

(b) Transportation network entities shall adopt a policy of nondiscrimination on the basis of a person’s race, sex, religion, national origin, age, marital status, sexual orientation, gender identity or expression, pregnancy, disability, color, or political affiliation, and shall notify transportation network entity drivers of such policy.

(c) Transportation network entities and transportation network entity drivers shall not charge a higher fare or additional fee to a person who is disabled based on the person’s disability or use of a support animal, wheelchair, or other mobility assistance device.

(d) Transportation network entities and transportation network entity drivers shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, as amended.

(23) A transportation network entity shall ensure that every transportation network entity driver operating a wheelchair accessible vehicle has been provided instructions detailing the safe and proper methods of securing, transporting, and dealing with passengers utilizing a wheelchair;

(24) A transportation network entity shall not allow or permit any person to operate any vehicle as a transportation network entity vehicle that is a stretch or super-stretch limousine or a luxury limousine sedan regulated by article VI of this chapter, a special transportation services motor carrier regulated by article IV of this chapter, a passenger motor carrier regulated by article III of this chapter or a taxicab regulated by article II of this chapter. Notwithstanding any provision to the contrary in this chapter, a transportation network entity driver may operate a luxury vehicle;

(25) The Mayor or the Mayor’s designee shall be authorized to enter into a data sharing agreement with each transportation network entity; and

(26) Consistent with this article, transportation network entity license holders shall upon request provide documentation identified by the Department to investigate and resolve a compliance inquiry.

(m) Transportation network entities shall provide passengers an opportunity to indicate whether they require a wheelchair accessible vehicle. If a transportation network entity cannot arrange wheelchair-accessible services, it shall direct the passenger to an alternate provider of wheelchair accessible services.

(n) Responsibility for violations of chapter arising from the operation of a transportation network entity vehicle by a transportation network entity driver. The holder of a transportation network entity license shall be subject to the penalties provided in this chapter for any violation of this chapter arising from the operation of any transportation network entity vehicle by a transportation network entity driver authorized under the holder’s transportation network entity license where the transportation network entity knowingly permitted or allowed the violation. In addition, a transportation network entity license shall be subject to suspension or revocation for any such violation. Charges against or penalties imposed on a transportation network entity driver for the same or related violations shall not relieve the transportation network entity license holder of responsibility under this article.

(o) The fee for a transportation network entity license shall be determined by an implementing order approved by a resolution adopted by the Commission.

(p) No transportation network entity license may be sold, leased, assigned, mortgaged or otherwise transferred by a holder of a transportation network entity license.

(q) Transportation network entity license holders may authorize a person to operate a transportation network entity vehicle over the streets of Miami-Dade County only upon certification by the transportation network entity license holder that the individual has met the requirements of Section 31 703(b) after the transportation network entity has conducted a local, state, and national criminal background check through a Department approved agency accredited by the National Association of Background Screeners that includes, among other things, a social security trace, a review of all criminal records in all Florida counties in which the background check conducted in accordance with this Section reveals that the individual has ever committed a crime as well as any county where the individual has resided in the last seven (7) years, federal court records through the Public Access to Court Electronic Records system, NATCRIM or similar multistate and multijurisdictional criminal databases, state and national sex offender databases, and driving history research reports:

(1) In order to be authorized to drive for a transportation network entity, an individual shall submit an application to the transportation network entity that includes, at a minimum, information regarding his or her address, age, driver license, driving history, motor vehicle registration, and automobile liability insurance;


(2) Prior to authorizing any individual to operate pursuant to this article, a transportation network entity shall issue to that individual a credential, which may be in digital form, that provides the name of the transportation network entity, the name of the authorized driver, the date the credential was issued and the license plate of the vehicle authorized to operate under the transportation network license. If the transportation network entity makes a digital version of its credential available to a driver, such digital version need not include the date of credential issuance provided that digital or electronic access to such digital version is restricted to a driver with a current and valid credential. In no event shall the transportation network entity allow access to a digital platform, or make available an undated credential, to a driver with an expired credential;

(4) A credential issued by a transportation network entity pursuant to this Section shall be valid for no more than one (1) year;

(5) Any individual authorized to drive pursuant to this article shall have a copy of this credential available for inspection by the Department, any code enforcement officer or any other person authorized to enforce this article pursuant to Section 31-709 at all times while operating a transportation network entity vehicle;

(6) A transportation network entity may not authorize any individual pursuant to this article who was denied a chauffeur’s registration by the Department within one (1) year of the date of denial. The Department shall make available to each transportation network entity a list of such individuals;

(7) Reserved;


(8) Upon receipt of information that an individual no longer meets the requirements of Section 31-703, the transportation network entity shall immediately revoke the credential it issued to the driver, notify the individual that he or she is no longer authorized to operate a motor vehicle for hire and, prohibit the driver from operating on its platform;

(9) A transportation network entity that certifies its drivers pursuant to this Section shall notify the Department promptly if it begins using a multistate or multijurisdictional database that is different than the database it utilized when it obtained a license. If the Department determines that the new database does not comply with this article the transportation network entity shall, upon notice, immediately cease using that database to authorize drivers and may only resume authorizing drivers if it utilizes the database that it used when it obtained a license or obtains the Department’s approval to use a new database; and

(10) It shall be unlawful for a transportation network entity to authorize a person to drive on the streets of Miami-Dade County or issue a credential to any individual who does not meet the requirements of this article.

Sec. 31-703. Transportation Network Entity Drivers.
Transportation network entity drivers shall comply with the following requirements:

(a) It shall be unlawful for any person to drive a transportation network entity vehicle over any street in Miami-Dade County without first having obtained authorization from a transportation network entity pursuant to this article.

(b) Each transportation network entity driver shall:

(1) Hold a current driver license issued by the State of Florida or be otherwise authorized to operate a motor vehicle in Florida pursuant to Section 322.031, Florida Statutes;

(2) Be able to communicate in the English language;

(3) Possess the mental and emotional stability, as well as the physical ability, to safely carry out the duties inherent in operating a transportation network entity vehicle;

(4) Not have been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of a felony, or have been released from incarceration from a prison within the last six (6) months as a result of a felony conviction as shown on any publicly-accessible website made available by any state or federal Department of Corrections or similar government agency, unless his or her civil or residency rights have been restored;

(5) Not have been convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of any criminal offense involving moral turpitude relating to sex crimes, the use of a deadly weapon, homicide, violent offense against a law enforcement officer under Section 775.0823, Florida Statutes, sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct under Section 393.135, Florida Statutes, sexual misconduct with certain mental health patients and reporting of such sexual misconduct under Section 394.4593, Florida Statutes, manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child under Section 782.07, Florida Statutes, vehicular homicide under Section 782.021, Florida Statutes, killing of an unborn child by injury to the mother under Section 782.09, Florida Statutes, kidnapping under Section 787.01, Florida Statutes, false imprisonment under Section 787.02, Florida Statutes, sexual battery under Section 794.05, Florida Statutes, lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult under Section 825.1025, Florida Statutes, sexual performance by a

child under Section 827.071, Florida Statutes, sexual misconduct with certain forensic clients and reporting of such sexual misconduct under Section 916.1075, Florida Statutes, inflicting cruel or inhumane treatment on an inmate resulting in great bodily harm under Section 944.35(3), Florida Statutes, or has been adjudicated a habitual violent felony offender under Section 775.084, Florida Statutes;

(6) Reserved;

(7) Not have been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of:

a. Driving under the influence of drugs or intoxicating liquors;

b. Fleeing the scene of any accident; or

c. Vehicular manslaughter or any death resulting from driving; or

(8) Not have been, within the last three (3) years, convicted (conviction shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of more than three (3) moving violations or driving on a suspended, revoked, or invalid license.
(c) No person shall operate a transportation network entity vehicle who:
(1) Is an individual who is not duly authorized to work under the immigration laws or the Attorney General of the United States;
(2) Is a user of alcohol or drugs whose current use would constitute a direct threat to property or the safety of others;

(3) Has been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of a felony, or have been released from incarceration from a prison within the last six (6) months as a result of a felony conviction as shown on any publicly-accessible website made available by any state or federal department of corrections or similar government agency, unless his or her civil or residency rights have been restored;
(4) Has been convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of any criminal offense involving moral turpitude relating to sex crimes, the use of a deadly weapon, homicide, violent offense against a law enforcement officer under Section 775.0823, Florida Statutes, sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct under Section 393.135, Florida Statutes, sexual misconduct with certain mental health patients and reporting of such sexual misconduct under Section 394.4593, Florida Statutes, manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child under Section 782.07, Florida Statutes, vehicular homicide under Section 782.021, Florida Statutes, killing of an unborn child by injury to the mother under Section 782.09, Florida Statutes, kidnapping under Section 787.01, Florida Statutes, false imprisonment under Section 787.02, Florida Statutes, sexual battery under Section 794.05, Florida Statutes, lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult under Section 825.1025, Florida Statutes, sexual performance by a child under Section 827.071, Florida Statutes, sexual misconduct with certain forensic clients and reporting of such sexual misconduct under Section 916.1075, Florida Statutes, inflicting cruel or inhumane treatment on an inmate resulting in great bodily harm under Section 944.35(3), Florida Statutes, or had been adjudicated a habitual violent felony offender under Section 775.084, Florida Statutes;
(5) Reserved;
(6) Has been, within the last seven (7) years, convicted (convicted shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of:
a. Driving under the influence of drugs or intoxicating liquors;
b. Fleeing the scene of any accident; or
c. Vehicular manslaughter or any death resulting from driving; or
(7) Has been, within the last three (3) years, convicted (conviction shall mean any judicial determination of conviction, adjudication withheld, or plea of nolo contendere) of more than three (3) moving violations or driving on a suspended, revoked, or invalid license.
(d) Transportation network entity drivers must abide by all requirements contained in this article. A transportation network entity driver shall comply with the following regulations:

(1) No transportation network entity driver shall solicit passengers;

(2) No transportation network entity driver shall smoke while transporting passengers;

(3) No transportation network entity driver shall accept any additional passengers without the consent of the passengers already within the vehicle unless the passenger is being transported under a shared ride or other special service rate;

(4) Transportation network entity drivers shall at all times maintain a neat appearance;

(5) No transportation network entity driver shall collect fares or compensation for transportation services other than the rates or charges provided for under Section 31-706 for the type of service being provided, nor may any driver collect any additional payment for transporting any baggage which accompanies the passenger; provided that, a transportation network entity driver may accept gratuities;

(6) The passenger shall be provided an electronic or paper receipt for the fare collected;

(7) A transportation network entity driver shall not use abusive language or be discourteous to passengers or enforcement personnel or solicit gratuities;

(8) No transportation network entity driver shall operate a transportation network entity vehicle while his or her ability or alertness is so impaired or so likely to become impaired, through fatigue, illness or any other cause, as to make it unsafe for him or her to begin or continue to operate the motor vehicle;

(9) All transportation network entity drivers shall notify the transportation network entity of each change of address within ten (10) days of relocation;

(10) Transportation network entity drivers shall select routes to trip destinations that are most economical to the passenger unless otherwise directed by or agreed to by the passenger;

(11) No transportation network entity driver shall attempt to solicit or attempt to divert the patronage of any passenger, prospective passenger, or other person on behalf of any hotel, motel, apartment, restaurant, nightclub, bar or any other business establishment, or accept or receive from any business establishment any payment for such solicitation or diversion of passengers from or to any place of business provided that nothing in this paragraph shall be construed to preclude a transportation network entity driver from placing promotional materials in his or her vehicle as long as the driver does not receive compensation for placing such materials in the vehicle;

(12) It shall be unlawful for any transportation network entity driver to refuse to stop his or her vehicle for inspection by Department authorized personnel or any police officer, or to refuse to permit personnel authorized by the Department to conduct an inspection of the vehicle, when such personnel witness a violation of the Code pertaining to such vehicle or when any authorized person witnesses a violation of the requirements of law or the Code pertaining to such vehicle;

(13) Each transportation network entity driver shall use the air conditioner when the ambient air temperature exceeds seventy-five degrees Fahrenheit unless otherwise requested by the passenger. Notwithstanding the ambient air temperature, a driver shall use the air conditioner upon request of the passenger;

(14) No transportation network entity driver shall refuse or neglect to transport to any place in the county any orderly person, with a service animal, who is willing and able to pay the prescribed fare and no driver shall accept any additional passengers without the consent of the passengers already within the vehicle unless the passenger is being transported under a shared ride or other special service rate. As used in Chapter 31, the term “service animal” shall mean any guide dog, signal dog, or other animal, as defined in 28 C.F.R. § 36.104, individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items;

(15) A transportation network entity driver shall not drive any transportation network entity vehicle unless the brakes, steering mechanism, tires, horn, windshield wipers, side and rearview mirrors, and all lighting devices are in good working order and the vehicle meets all other applicable vehicle standards as set forth in this article;

(16) A transportation network entity driver shall not utilize any areas designated solely for use by taxicabs;

(17) A transportation network driver shall not display on any transportation network entity vehicle the word(s) “taxicab”, “taxi” or “cab” on the exterior or interior of the vehicle;

(18) Transportation network entity drivers shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, as amended;

(19) No transportation network entity driver shall refuse or neglect to provide transportation network entity services to any orderly person requesting such services and able and willing to pay for such services, regardless of the requested destination, or on account of that person’s race, sex, religion, national origin, age, marital status, sexual orientation, gender identity or expression, pregnancy, disability, color, or political affiliation; or

(20) Transportation network entity drivers shall not charge a higher fare or additional fee to a person who is disabled based on the person’s disability or use of a support animal, wheelchair, or other mobility assistance device.

(e) Conviction of a crime. A transportation network entity driver shall be required to notify the transportation network entity in writing of a conviction of a crime that would preclude a driver from operating as a transportation network entity under this Section within ten (10) business days of said occurrence.

Sec. 31-704. Duties of Miami-Dade County Regulatory and Economic Resources Department or successor department.
In addition to the duties and responsibilities specified in this chapter, the Department shall be charged with the following duties and responsibilities:
(a) Process, investigate and prepare all reports required by this article;
(b) Investigate and prepare reports on alleged violations of this article;
(c) Enforce the provisions of this article;
(d) Attempt to resolve complaints received from any source concerning the industry;
(e) In addition to the enforcement of this article, issue, deny, suspend and revoke all transportation network entity licenses pursuant to the provisions of this article, and maintain appropriate files regarding said actions;
(f) Provide technical assistance to the industry;
(g) Develop a standardized reporting technique for transportation network entities after consultation with the transportation network entities;
(h) Provide a system to handle complaints of municipal officials relating to transportation network entity service within such municipalities and expedite the resolution of same;
(i) Perform any other functions assigned by the County Mayor;
(j) Coordinate cooperative enforcement activities with municipalities, including implementing procedures for the disposition of fine revenues collected;
(k) Prepare and implement, in coordination and after consultation with the industry, changes, amendments or modifications to implementing orders establishing fees pursuant to this article and provide the transportation network entities with at least ten (10) days’ notice prior to consideration of such changes, amendments or modifications by the Commission, other than when approved by the Commission as part of the annual budget approval process;
(l) Upon court order have closed and sealed unlicensed service provider establishments in accordance with this article;

(m) The Director may propose and the County Mayor may promulgate further rules and regulations to carry out the provisions of this article, which rules and regulations, when approved by the Commission, shall have the force and effect of the law; and
(n) Except for the fees recommended by the County Mayor and approved by the Commission for transportation network entity vehicles providing transportation of persons and their baggage to or from Miami International Airport and to or from the Port of Miami, whenever in this article a fee is charged or is required to be paid, the amount of such fee shall be established by implementing order approved by the Commission. Such fees shall be deposited in a separate Miami-Dade County fund and shall be used exclusively to accomplish the regulatory purposes of this article. The amount of each fee established hereunder shall be reasonably related to the cost of the services and regulation provided therefor.
Sec. 31-705. Rules for operation.
(a) Each transportation network entity shall adopt and require all transportation network entity drivers to display consistent trade markings (i.e., distinctive signage or display on the vehicle) when providing transportation network entity services that are sufficiently large and color contrasted as to be readable during daylight hours at a distance of at least 50 feet.
(b) No transportation network entity vehicle or driver shall utilize a designated taxicab stand.
(c) A transportation network entity driver shall not solicit or pick up passengers other than by prearrangement through the transportation network entity.
(d) A transportation network entity driver shall not accept or solicit street hails.
(e) Transportation network entity vehicles shall not display the word(s) “taxicab”, “taxi” or “cab” on the exterior or interior of the transportation network entity vehicle.

(f) Every transportation network entity and transportation network entity driver shall fully comply with all ordinances, rules and regulations of the County applicable to the operation of transportation network entity vehicles.
(g) All transportation network entities shall implement a zero tolerance policy on the use of drugs or alcohol while a transportation network entity driver provides transportation network entity services and transportation network entity drivers shall comply with this policy.
(h) Each transportation network entity shall make available to the Director or Director’s designee for review at the transportation network entity’s local office in Miami-Dade County, Broward County, or Palm Beach County financial documentation relating to fees charged and/or collected at Miami International Airport and the Port of Miami, which shall include, among other things, the number of pickups at Miami International Airport and Port of Miami; provided that, if a transportation network entity and the County enter into an operating agreement under Section 31-702(k), the transportation network entity’s recordkeeping and reporting obligations shall be governed by that operating agreement.
(i) Audits:
(1) Transportation network entities shall maintain all financial records as provided in Section 31-705 as well as records of all vehicle inspections, background checks, and insurance required pursuant to this article for at least three (3) years;
(2) Transportation network entities shall cooperate with the Department to permit audits of records described in Section 31-705 to verify compliance with requirements of this article. The Department or its designee may conduct these audits no more than biannually;
(3) Upon request by the Department, any code enforcement officer or any other person authorized to enforce this article pursuant to Section 31-709, a transportation network entity driver shall permit inspection of a transportation network entity vehicle for purposes of verifying compliance with this article and reviewing documentation demonstrating that the driver is registered with a County-licensed transportation network entity, that the driver’s vehicle has been inspected pursuant to Section 31 708, and that a trip was prearranged through a digital platform. The transportation network entity shall include in its driver policies a requirement that a transportation network entity driver immediately permit inspection of a vehicle in accordance with this paragraph and provide access to this documentation to the Department, code enforcement officer or any other person authorized to enforce this article pursuant to Section 31-709 upon request. If a transportation network entity driver refuses to allow an inspection or to make such documentation available, upon notice to the transportation network entity, the transportation network entity shall not allow the transportation network entity driver to use its digital platform until the driver permits the inspection or provides the documentation;
(4) In connection with a compliance inquiry including, but not limited to, a compliance inquiry under paragraph three (3) of this subsection, the Department, any code enforcement officer or any other person authorized to enforce this article pursuant to Section 31-709 may request, and a transportation network entity shall provide or make available for inspection, documentation necessary to investigate and resolve the inquiry, including documentation verifying a driver’s certification with the transportation network entity, that the transportation network entity driver has undergone a background check as required by this article and meets the requirements of Section 31 703, that the transportation network entity vehicle has been inspected pursuant to Section 31-708, and that the transportation network entity driver prearranged a trip through the transportation network entity’s digital platform;
(5) All documentation required to be provided or inspected under this Section may be provided or inspected in electronic or paper form;

(6) A transportation network entity shall not block or otherwise interfere with the Department’s ability to access the transportation network entity’s digital platform as a user in order to request a ride from a transportation network entity driver to monitor compliance with the provisions of this article; and
(7) Failure by a transportation network entity or a transportation network entity driver to comply with the provisions of this Section may result in revocation or suspension of the transportation network entity license.
Sec. 31-706. Fares and rates.
Transportation network entities may establish and charge fares for transportation services based on distance traveled and/or time elapsed during service, a flat prearranged rate or a suggested donation, except that the Board of County Commissioners may by resolution establish rates for transportation network entity services originating from Miami International Airport or the Port of Miami. It shall be unlawful for any transportation network entity or transportation network entity driver to charge, demand, request, or accept any fare different from the rates established pursuant to this article.
Sec. 31-707. Insurance requirements.
(a) All transportation network entities and drivers shall comply with all of the applicable insurance provisions of State law.
(b) No transportation network entity vehicle shall be permitted to operate without the transportation network entity or driver providing transportation network entity services having first obtained and filed with the Department a certificate of insurance demonstrating compliance with Florida insurance laws. Proof of insurance as required by this Section may be provided through a certificate that lists each vehicle insured thereunder or through a blanket certification stating that all transportation network entity vehicles comply with the insurance requirements of State law. Failure to provide current certificates of insurance or to maintain appropriate insurance coverage shall be grounds for suspension or revocation of a transportation network entity license.
(c) The Department reserves the right to require submission of a certified copy of or to examine the original policies of insurance including, but not limited to, endorsements, amendments, exclusions, riders, any additional contracts between the insured and the insurer, and applications to confirm the existence of the required insured coverage.
Sec. 31-708. Vehicle Standards.
Transportation network entity vehicles operating in the County must meet the applicable Federal Motor Vehicle Safety requirements in 49 C.F.R., Part 571, Florida Statutes, and the standards set forth in this Section. Upon request, each transportation network entity and transportation network entity driver shall cooperate with the Department to provide proof of inspection and compliance with the requirements of this Section. Transportation network entity vehicles and drivers shall comply with the following requirements:

(a) Motor vehicles shall be kept clean and orderly during all times of active service;

(b) All accidents shall be reported immediately to the police;

(c) Motor vehicles shall not be operated if the top or interior lights or the headlights or taillights are not functioning properly. Likewise, a motor vehicle shall not be driven unless the brakes, steering mechanism, tires, horn, windshield wipers, and side and rearview mirrors are in good working order;

(d) Advertising on any transportation network entity vehicle regulated by this article shall not obstruct the driver’s view and shall not obstruct the vehicle’s lights. No vehicle shall have within it, or on its exterior, any sign which encourages, advertises for, or otherwise solicits tips;

(e) All vehicles operating as transportation network vehicles under this article shall have an inspection of the following components, which shall be demonstrated to be functional and meet the safety standards designated by the manufacturer:

(1) Foot brakes;

(2) Emergency parking brake;

(3) Suspension/steering mechanism;

(4) Windshield;

(5) Rear window and other glass;

(6) Windshield wipers;

(7) Headlights;

(8) Taillights;

(9) Turn indicator lights;

(10) Brake lights;

(11) Front seat adjustment mechanism;

(12) Doors (open/close/lock);

(13) Horn;

(14) Speedometer;

(15) Bumpers;

(16) Muffler and exhaust system;

(17) Condition of tires, including tread depth;

(18) Interior and exterior rear view mirrors; and

(19) Safety belts for drivers and passengers.

(f) All transportation network entity vehicles shall be inspected to ensure compliance with the requirements of this article by an American Advanced Technicians Institute (“AATI”) or National Institute for Automotive Service Excellence (“ASE”) certified master mechanic, or certified automobile technician at a licensed or state-registered auto repair shop.

The results of each inspection shall be recorded by the mechanic or automobile technician on an inspection form prescribed by the Department, which completed form shall be provided to the Department or the transportation network entity within ten (10) business days after the inspection. If a driver registers with multiple transportation network entities, the driver may use the same inspection form that the driver provided to the first transportation network entity with whom he or she registered; provided that, the driver provides the form to the second transportation network entity within ten (10) business days after registration. The inspection form shall indicate whether the vehicle has met all of the safety and maintenance requirements of Section 31-708(e). At the discretion of the Department, vehicle inspection forms from Broward, Palm Beach, or other Florida counties may be submitted as proof of inspection in lieu of the form prescribed by the Department. The technician completing the form and inspection must provide his or her ASE or AATI certification number, the expiration date of his or her certification, the name and license or registration number of the auto repair facility where the inspection was performed, and his or her signature as verification that all information provided is true and correct. This information must be recorded on the inspection form for each vehicle inspected. A transportation network entity shall not authorize or shall suspend authorization of any driver whose vehicle fails an inspection or who fails to timely report the results of an inspection of the transportation network entity vehicle until the driver demonstrates that his or her vehicle has passed an inspection pursuant to this article. It shall be a violation of this article to fail to use a certified technician to inspect vehicles, as required under this section, or to submit false inspection forms to the Department or transportation network entity. The Department may verify information and inspection forms submitted to the Department by the driver or transportation network entity. Any mechanic or technician who provides false information on an inspection form required pursuant to this section shall not be allowed to certify additional transportation network entity vehicles to be operated in Miami-Dade County. A transportation network entity that fails or does not follow the requirements of this Section is subject to revocation or suspension pursuant to Section 31 710 of its license. The Department shall periodically distribute its list of prohibited mechanics to all licensed transportation network entities. Any inspection conducted by a prohibited mechanic shall be deemed invalid.

(g) Every holder of a transportation network entity license and each driver authorized to operate by a transportation network entity shall fully comply with all ordinances, rules, and regulations of Miami-Dade County and all statutes of the State of Florida applicable to the operation of motor vehicles and vehicle standards.

Transportation network entity vehicle age limits are as follows. No transportation network entity vehicle shall have a “rebuilt” or “salvage” title and shall be no greater than ten (10) model years of age. Any vehicle over ten (10) model years of age shall not be operated as a transportation network entity vehicle. Transportation network entity vehicles shall be inspected annually.

Notwithstanding the foregoing, the Department and any other person authorized to enforce this article pursuant to Section 31-709 may inspect a transportation network entity vehicle at any time to confirm compliance with this Section. Upon notification by the Department, the transportation network entity shall suspend the authorization of any driver whose vehicle fails an inspection until the driver demonstrates that his or her vehicle has passed an inspection pursuant to this article.

Sec. 31-709. Enforcement of article.
(a) This article shall be enforced by authorized personnel of the Department, the police forces of the various municipalities in Miami-Dade County and by the Miami Dade Police Department, and other law enforcement officers as permitted by State law or this Code. When specifically authorized by the Director, this article may be enforced by personnel of the Seaport and Aviation Department against violations occurring within their respective boundaries. The Department shall prepare and distribute to all authorized enforcement personnel an enforcement manual outlining procedures for the detection, reporting and issuance of citations or deficiency reports for violations of this article.
(b) The Department may employ a deficiency or warning system through which transportation network entities are given written notice of minor violations and a specified period of time to correct same. Unless otherwise provided in this article, all other violations shall be processed under chapter 8CC of the Code.
(c) Deficiency reports and citations shall be issued to the party responsible for the violation as set forth in this article. Any person issued a deficiency report or a citation shall sign and accept it.
(d) Notwithstanding the provisions of this Section, the Director may secure enforcement of the provisions of this article by any legal action necessary, such as application to any court for injunctive relief or other appropriate relief.
Sec. 31-710. Suspension and revocation proceedings.
(a) Grounds for suspension or revocation. In addition to the grounds for automatic suspension or revocation provided elsewhere in this article, transportation network entity licenses shall be subject to suspension or revocation by the Director as follows:
(1) Upon the Director’s determination that:
(a) The transportation network entity license holder has pled nolo contendere, pled guilty, been found guilty or been convicted (regardless of whether adjudication has been withheld) of any criminal offense which would preclude the issuance of a transportation network entity license as provided in this article;
(b) The transportation network entity license was obtained by an application in which any material fact was omitted or falsely stated;
(c) The transportation network entity license holder has failed to comply with or has violated any of the provisions of this article;
(d) The transportation network entity license renewal application does not comply with the requirements of this article; or
(e) The transportation network entity has knowingly allowed or permitted any transportation network entity vehicle to be operated, or transportation network entity driver to operate in violation of this article.
(b) Notice of suspension or revocation action. Except where this article provides for automatic suspension or revocation, the Department shall provide notice of suspension or revocation to the violator by certified mail ten (10) days before the violator must comply with the Director’s decision.
(c) Appeals from decisions of Director and administrative hearings.
(1) Right to appeal. Any transportation network entity license holder shall have the right to appeal application denials, suspensions and revocations by the Director. The named party shall elect to either:
(a) Comply with the Director’s decision in the manner indicated on the notice of Director’s decision; or
(b) Request an administrative hearing before a hearing officer to appeal the decision of the Director.
(2) Filing the appeal. Appeal by administrative hearing shall be accomplished by filing within ten (10) days after the date of the decision complained of a written notice of appeal to the Clerk of the Courts, Code Enforcement Section. The notice of appeal shall set forth concisely the nature of the decision appealed and the reasons or grounds for appeal.
(3) Failure to appeal. Failure to appeal the decision of the Director within the prescribed time period shall constitute a waiver of the person’s right to an administrative hearing before the hearing officer. Where the Director’s decision involves a suspension or revocation, a waiver of the right to an administrative hearing shall be treated as an admission of the violation and the Director’s decision shall be deemed final and enforceable. No further remedies shall be granted and the decision shall stand.
(4) Hearing officers. Hearing officers shall be appointed by the Clerk of the Courts, Code Enforcement Section.
(5) Scheduling and conduct of hearing.
(a) Upon receipt of a timely request for an administrative hearing, the hearing officer shall set the matter down for hearing on the next regularly scheduled hearing date or as soon as possible thereafter or as mandated in the specified section of the Code.
(b) The hearing officer shall send a notice of hearing by first class mail to the named party at his, her or its last known address. The notice of hearing shall include but not be limited to the following: place, date and time of the hearing; right of the named party to be represented by a lawyer; right of the named party to present witnesses and evidence; in the case of the Director’s decision involving suspension or revocation, notice that failure of the named party to attend the hearing shall be deemed a waiver of the right to hearing and an admission of the acts specified in the notice; and notice that requests for continuances will not be considered if not received by the hearing officer at least ten (10) calendar days prior to the date set for hearing.
(c) The hearing officers shall call hearings on a monthly basis or upon the request of the Department. No hearing shall be set sooner than fifteen (15) calendar days from the date of notice of the Director’s decision, unless otherwise prescribed by this chapter.
(d) A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the hearing officer at least ten (10) calendar days prior to the date set for the hearing. No additional continuances shall be granted without concurrence of the Department.
(e) All hearings conducted by a hearing officer shall be open to the public. All testimony shall be under oath. If the named party has been properly notified, a hearing may proceed in the absence of the named party and the failure to attend a hearing shall be deemed a waiver of the right to a hearing and an admission of the acts specified in the notice.
(f) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript.
(g) The Clerk of the Commission shall provide clerical and administrative personnel as may be reasonably required by each hearing officer for the proper performance of his or her duties.
(h) Each case before a hearing officer shall be presented by the Director or his or her designee.
(i) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses.
(j) Each party shall have the right: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any relevant matter; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. All relevant evidence shall be admitted.
(k) The hearing officer shall make findings of fact based on the evidence of record. In order to make a finding upholding the Director’s decision the hearing officer must find that a preponderance of the evidence supports the Director’s decision and, where applicable, indicate that the named party was responsible for the violation of the relevant section of the Code as charged.

(l) If the Director’s decision is affirmed the named party may be held liable for the reasonable costs of the administrative hearing.
(m) The fact-finding determination of the hearing officer shall be limited to whether the alleged violation occurred or whether competent, substantial evidence supports the Director’s decisions. Based upon this fact-finding determination, the hearing officer shall either affirm or reverse the decision of the Director. If the hearing officer affirms the decision of the Director, the named party shall have fifteen (15) days from the date of the hearing officer’s decision to comply with the decision of the Director. If the hearing officer reverses the decision of the Director and finds (1) the named party is not responsible for the violation alleged; or (2) insufficient basis for the denial of application, a written decision shall be prepared setting forth the basis for such determination. If the hearing officer reverses the decision of the Director, the named party shall not be required to comply with the decision of the Director, absent reversal of the hearing officer’s findings pursuant to this article. If the decision of the hearing officer is to affirm, then all of the following shall be included in the decision:
(a) Decision of the Director;
(b) Administrative costs of the hearing; and
(c) Date for compliance, if applicable.
(n) The hearing officer shall have the power to:
(a) Adopt procedures for the conduct of hearings;

(b) Subpoena alleged violators and witnesses for hearings; subpoenas may be served by the Miami-Dade Police Department or by the hearing officer’s staff;
(c) Subpoena evidence; and
(d) Take testimony under oath.
(6) Appeals.
(a) The named party or the County may appeal a final order of the hearing officer by filing a notice of appeal in the Circuit Court in and for Miami-Dade County, Florida, in accordance with the procedures and within the time provided by the Florida Rules of Appellate Procedure for the review of administrative action.
(b) Unless the findings of the hearing officer are overturned in a proceeding held pursuant to this article, all findings of the hearing officer shall be admissible in any further proceeding to compel compliance with the Director’s decision.
(7) Nothing contained in this chapter shall prohibit Miami-Dade County from enforcing the Code by any other means authorized by law. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of the Code. The words “action” and “decision” as used herein shall not include the filing of any action by the Director in any court. The Director may reconsider at any time any action or decision taken by the Director and therefore may modify such an action or decision.
Sec. 31-711. Violations; penalties.

In addition to any other penalties provided by law including, but not limited to, those provided in this article, a violation of any applicable provision of this article by a transportation network entity license holder or transportation network entity driver shall constitute a civil offense punishable by the applicable civil penalty as provided in the schedule of civil penalties in Section 8CC-10 of the Code. Failure of a person to pay a civil penalty within sixty (60) days of the due date for paying such fine as specified on the civil violation notice or within sixty (60) days of the date of the final outcome of any timely filed appeal of such violation notice, whichever is later, shall result in automatic suspension of such person’s transportation network entity license or authorization to drive as a transportation network entity driver. If a transportation network entity driver commits five (5) violations of the same section of this article during any twelve-month period and the transportation network entity does not take adequate steps to address the violations after receiving notice of such violations, the Department may, in its sole discretion, suspend or revoke the transportation network entity license.
Sec. 31-712. Special provisions.
(a) The provisions of this chapter shall be the exclusive regulations applicable to the provision of and operation of transportation network entity services in Miami-Dade County. Regulations established by this article shall be uniform throughout Miami-Dade County both in the incorporated and unincorporated areas without regard to municipal boundaries.
(b) Any transportation network entity driver driving on a transportation network entity platform licensed pursuant to this article shall be authorized to provide transportation of persons and their baggage to and from Miami International Airport and to and from the Port of Miami upon compliance with terms, conditions and fees, as established by implementing order approved by the Commission; these terms and conditions may include, but are not limited to, restrictions on areas where passengers may be picked up or dropped off, where a vehicle may wait to pick up a passenger who has prearranged transportation services prior to the transportation network entity vehicle entering Miami International Airport or the Port of Miami, or requirements that vehicles picking up passengers at such locations be equipped with equipment sufficient to record all transactions occurring at the Port of Miami or Miami International Airport. Any fee imposed by such implementing order shall be supplemental to any fee imposed elsewhere in this article. Transportation to or from Miami International Airport or any County General Aviation Airport shall be in compliance with any fees established by implementing order approved by the Commission, and with any terms and conditions specified in any operational directive established by the Miami Dade Aviation Department pursuant to Chapter 25 of the Code of Miami-Dade County, which Operational Directives may include, but are not limited to, restrictions on areas where passengers may be picked up or dropped off, where a vehicle may wait to pick up a passenger who has prearranged transportation services prior to the transportation network entity vehicle entering Miami International Airport or any County General Aviation Airport, or requirements that vehicles picking up passengers at such locations be equipped with equipment sufficient to record all transactions occurring at Miami International Airport. The transportation of persons and baggage to and from Miami International Airport or to and from the Port of Miami shall constitute an agreement by the transportation network entity that it will conform to such terms, conditions, and fees. Unless specifically exempted herein, transportation network entity drivers and transportation network entities shall comply with all applicable requirements of Chapter 25 of the Code of Miami-Dade County with respect to activities at Miami International Airport.
Sec. 31-713. Advertisement of services.
(a) No transportation network entity shall advertise a rate or fare other than a rate or fare permissible under Section 31 706.
(b) No transportation network entity shall advertise transportation network entity services in a manner that is false, deceptive or misleading including, but not limited to, representing the transportation network entity service as taxicab service or any service other than prearranged.<<

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

>>31-77(1) Causing or permitting others to use, drive or operate a vehicle to transport passengers for compensation without license or certification
1,000.00
31-77(2) Operate a vehicle to transport passengers for compensation without registration or credential

* * * *
1,000.00<<
>>31-702(a) Unauthorized provision of transportation network entity services 1000.00

31-702(l)(1) Violation of applicable law 250.00

31-702(l)(2) Failure to report change of address 100.00

31-702(l)(3) Failure to maintain records 100.00

31-702(l)(4) Allowing person to operate a transportation network entity vehicle without meeting driver requirements 500.00

31-702(l)(5) Failure to ensure that a transportation network entity vehicle has passed inspection 500.00

31-702(l)(6) Knowingly permitting any driver to operate a transportation network entity vehicle without that vehicle complying with applicable vehicle standards 100.00

31-702(l)(7) Knowingly permitting a driver to operate a vehicle when ability or alertness is impaired 250.00

31-702(l)(9) Failure to comply with requirements regarding service animal, for first violation 500.00

31-702(l)(9) Failure to comply with requirements regarding service animal, for subsequent violations 1000.00

31-702(l)(10) Failure to adopt and display consistent trade markings on the vehicle 250.00

31-702(l)(11) Knowingly permitting any driver to utilize areas designated for taxicabs 250.00


31-702(l)12 Knowingly permitting any driver to solicit or pick up passengers other than by prearrangement through the transportation network entity 500.00

31-702(l)(13) Knowingly permitting any driver to accept street hails 500.00

31-702(l)(14) Knowingly permitting any vehicle to display the word(s) taxicab, taxi, or cab 250.00

31-702(l)(15) Failure to display required information to passenger 500.00

31-702(l)(16) Failure to implement and/or provide notice of zero tolerance policy 500.00

31-702(l)(17) Failure to submit electronic receipt 100.00

31-702(l)(18) Failure to maintain physical office 250.00

31-702(l)(19) Failure to maintain required website 250.00

31-702(l)(20) Failure to maintain emergency telephone number 250.00

31-702(l)(21) Failure to make drivers aware of requirements 250.00

31-702(l)(22) Failure to comply with antidiscrimination provisions 500.00

31-702(l)(22) Failure to comply with antidiscrimination provisions, subsequent violations 1000.00

31-702(l)(23) Failure to ensure training in the transportation of passengers in wheelchair accessible vehicles 250.00

31-702(l)(24) Allowing or permitting any driver to operate unauthorized vehicles 500.00

31-702(1)(26) Failure to provide requested information 250.00

31-702(m) Failure to provide passengers opportunity to request wheelchair accessible vehicle and/or direct passenger to alternative service provider 500.00

31-702(m) Failure to provide passengers opportunity to request wheelchair accessible vehicle and/or direct passenger to alternative service provider, subsequent violations 1000.00

31-702(q) Failure to comply with driver credential and certification requirements 500.00

31-703(a) Failure to obtain authorization to drive from a transportation network entity. Fine shall be reduced to $50.00 if the person issued the citation had authorization within the past six (6) months 1000.00

31-703(d)(1) Violation of solicitation prohibition 75.00

31-703(d)(2) Violation of smoking while transporting passengers prohibition 75.00

31-703(d)(3) Acceptance of additional passengers without consent 250.00

31-703(d)(3) Acceptance of additional passengers without consent, subsequent violations 500.00

31-703(d)(4) Failure to maintain neat appearance 25.00

31-703(d)(5) Overcharging passenger 250.00

31-703(d)(6) Failure to provide receipt 250.00

31-703(d)(7) Violation of abusive language prohibition; or being discourteous to passengers or enforcement personnel or soliciting gratuities 100.00

31-703(d)(8) Operating a vehicle while ability or alertness is impaired 250.00

31-703(d)(9) Failure to notify transportation network entity of address change within ten (10) days of relocation 25.00

31-703(d)(10) Failure to select the most economical route to destination 100.00

31-703(d)(11) Violation of passenger diversion prohibition; or accepting payment for passenger diversion 250.00

31-703(d)(12) Failure to stop vehicle for inspection; or failure to allow authorized personnel to conduct an inspection 50.00

31-703(d)(13) Failure to use air conditioner when required 250.00

31-703(d)(14) Refusal to transport passenger and service animal 500.00

31-703(d)(14) Refusal to transport passenger and service animal, subsequent violations 1000.00

31-703(d)(15) Operating a transportation network entity vehicle without that vehicle complying with applicable vehicle standards 100.00

31-703(d)(16) Failure to comply with requirements regarding taxicab stands 250.00

31-703(d)(17) Displaying the word(s) “taxicab”, “taxi”, or “cab” on or in the vehicle 250.00

31-703(d)(18) Failure to comply with applicable requirements of Americans with Disabilities Act of 1990, as amended 100.00

31-703(d)(19) Refusal to transport passengers on account of that person’s race, sex, religion, national origin, age, marital status, sexual orientation, gender identity or expression, pregnancy, disability, color, or political affiliation 250.00

31-703(d)(19) Refusal to transport passengers on account of that person’s race, sex, religion, national origin, age, marital status, sexual orientation, gender identity or expression, pregnancy, disability, color, or political affiliation, subsequent violations 500.00

31-703(d)(20) Charge a higher fare or additional fee to a person who is disabled based on the person’s disability or use of a support animal, wheelchair, or other mobility assistance device 250.00

31-703(e) Failure to notify the transportation network entity in writing of a conviction of a crime within ten (10) business days of said occurrence 250.00

31-705(a) Failure to display consistent trade markings on the vehicle 250.00

31-705(b) Failure to comply with requirements regarding taxicab stands 250.00

31-705(c) Picking up passengers other than by prearrangement through the transportation network entity 500.00

31-705(d) Accepting or soliciting street hails 500.00

31-705(e) Displaying the word(s) “taxicab”, “taxi”, or “cab” on or in the vehicle 250.00

31-705(f) Failure to comply with all ordinances, rules and regulations 250.00

31-705(g) Failure to implement zero tolerance policy or to comply with zero tolerance policy 250.00

31-705(h) Failure to make available required financial information 500.00

31-705(i) Failure to comply with audit requirements 500.00

31-706 Failure to comply with required rates 500.00

37-707(a) Failure to have required insurance 500.00

37-707(b) Failure to provide certificate of insurance 500.00

31-707(c) Failure to allow for access of insurance policy 500.00

31-708 Failure by transportation network entity and transportation network entity driver to cooperate with the Department to provide proof of inspection and compliance with the requirements of this Section 500.00

31-708 Failure by transportation network entity driver to cooperate with the Department to provide proof of inspection and compliance with the requirements of this Section 500.00

31-708(a) Failure to keep vehicle clean and orderly 25.00

31-708(b) Failure to immediately report accident to police 25.00

31-708(c) Operating a transportation network entity vehicle without that vehicle complying with applicable vehicle standards 100.00

31-708(d) Violation of advertising requirements 25.00

31-708(e) Operating a transportation network entity vehicle without having passed inspection 250.00

31-708(f) Failure to comply with vehicle inspection requirements 1000.00

31-708(g) Failure to comply with applicable laws, ordinances, rules and regulations 250.00

31-712(b) Failure to comply with requirements for operating at Miami International Airport or the Port of Miami 100.00

31-713(a) Advertising other than approved rate or fare 500.00

31-713(b) False, misleading and deceptive advertising 1000.00

All other violations of Article VII 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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