Miami-Dade Legislative Item
File Number: 181216
    Clerk's Official Copy   

File Number: 181216 File Type: Ordinance Status: Adopted
Version: 0 Reference: 18-46 Control: Board of County Commissioners
File Name: CITT PTP PLAN Introduced: 5/11/2018
Requester: NONE Cost: Final Action: 5/1/2018
Agenda Date: 5/1/2018 Agenda Item Number: 7B
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 180267. 6WKS/4WKS REQUIRED; 2/3 VOTE REQUIRED. Title: ORDINANCE RELATING TO THE CITIZENS’ INDEPENDENT TRANSPORTATION TRUST, THE PEOPLE’S TRANSPORTATION PLAN AND CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS; AMENDING SECTION 29-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, BY A TWO-THIRDS VOTE OF THE COMMISSION MEMBERSHIP; AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS FOR ON-DEMAND TRANSPORTATION SERVICES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 180267]
Indexes: CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS
  CITIZENS INDEPENDENT TRANSPORTATION TRUST
  MUNICIPAL TROLLEY SYSTEM
  PEOPLES TRANSPORTATION PLAN
Sponsors: Esteban L. Bovo, Jr., Prime 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

County Attorney 5/11/2018 Assigned Annery Pulgar Alfonso

Board of County Commissioners 5/1/2018 7B AMENDED Adopted as amended P
REPORT: First Assistant County Attorney Geri Bonzon- Keenan read the foregoing proposed ordinance into the record. Assistant County Attorney Annery Pulgar Alfonso advised this amendment allowed cities to use their share of surtax funds for on-demand transportation service. Commissioner Moss stressed the importance of on-demand services being tied into the comprehensive transportation system and requested the Board consider amending this item to require the cities to submit a plan providing evidence their service helped the overall system, not just their specific municipalities. Assistant County Attorney Alfonso clarified the amendment offered by Commissioner Moss was outside the scope of this title, but noted a subsequent item could be prepared to implement his proffered amendment. Commissioner Diaz expressed concern with the municipalities being forced to use their funds as directed by the Board, but agreed with the language offered by Chairman Bovo. Deputy Mayor Alina Hudak clarified there were inter-local agreements with municipalities that addressed these types of issues and stated the County had the ability to control decisions regarding municipal routes. Ms. Alice Bravo, Director, Transportation and Public Works advised inter-local agreements were in place with the municipalities and stated the County approved the municipal routes; but ensured the municipalities were serving major locations and guaranteed their service complemented the service provided by Miami-Dade County (MDC). Commissioner Martinez stated the plan should be reviewed annually to provide transparency regarding the funds issued to municipalities. He noted residents who lived outside of the five mile radius were paying for a service, but not benefitting from this legislation. Assistant County Attorney Bruce Libhaber advised neither the ordinance nor the inter-local agreement specified how frequently the municipalities were required to be audited. Commissioner Jordan suggested the item should come back before the Board with an Implementing Order (IO) that would give the municipality the guidelines upon which they were able to provide on-demand service. Chairman Bovo stated nothing prohibited the department or the city from entering into an agreement with any on-demand service provider or Transportation Network Entities (TNE). Further discussion ensued regarding the passing of this legislation without guidelines and how it related to the legislation discussed by Commissioner Moss. Assistant County Attorney Alfonso clarified the legislation referenced by Commissioner Moss would further amend this section to provide additional guidelines or restrictions on how municipalities could use the surtax for on-demand services; and that any contract negotiated for the use of surtax funds for any participating industry would also be reviewed by the Board prior to approval. She further noted the item could be amended to change the effective date, upon the Board’s consideration of an implementing order with additional guidelines. Commissioner Levine Cava expressed concern the plan did not address last mile solutions, the overall transit system, and should not be used as a reason for additional bus routes reductions. Ms. Bravo provided examples of how the circulators moved people over large distances and was beneficial to the county’s transit system. She explained due to the collaboration between the two entities, when service was introduced by a municipality, improvements or modifications would be made to the County route. Mr. Nestor Toledo, Municipal Coordinator, Citizens Independent Transportation Trust (CITT) clarified that all of the trolleys and circulators were connected to a transit hub or Metrorail station; and wanted to dispel the misconception that the municipalities were not coordinated with the County. Commissioner Levine Cava commented there was need for greater coordination to ensure the intended purpose of building an overall transit system was being fulfilled. Assistant County Attorney Alfonso explained the Board had two options: to delay the effective date of this ordinance for six months to allow Commissioner Moss to come back with an item that would require every municipality to enter into an inter-local agreement with the County for the use of the surtax funds, which would be reviewed by the Board for approval; or to amend the item to reflect an effective date six months after adoption, or upon the Board’s review of an IO that would create additional guidelines requiring staff to prepare an IO for the Board’s consideration. Assistant County Attorney Alfonso reported both options would provide this Board with a review of how the municipality would implement their service. Chairman Bovo noted the item would be delayed six months to allow for the introduction of Commissioner Moss’ legislation. Hearing no further discussion the ordinance was adopted as amended.

Legislative Text


TITLE
ORDINANCE RELATING TO THE CITIZENS’ INDEPENDENT TRANSPORTATION TRUST, THE PEOPLE’S TRANSPORTATION PLAN AND CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS; AMENDING SECTION 29-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, BY A TWO-THIRDS VOTE OF THE COMMISSION MEMBERSHIP; AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS FOR ON-DEMAND TRANSPORTATION SERVICES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 180267]

BODY
WHEREAS, section 212.055, Florida Statutes, instructs that proceeds from the transportation sales surtax shall be applied to as many or as few of the uses enumerated in the statutes in whatever combination the county commission deems appropriate; and
WHEREAS, one of the enumerated uses is for the development, maintenance, and operation of on-demand transportation services; and
WHEREAS, section 212.055(1)(e), Florida Statutes, defines on-demand transportation services as transportation provided between flexible points of origin and destination selected by individual users with such service being provided at a time that is agreed upon by the user and the provider of the service and that is not fixed-schedule or fixed-route in nature; and
WHEREAS, Ordinance No. 02-116, adopted on July 9, 2002, creating Article XVI, sections 29-121 through 29-124 of the Code, regarding the Charter County Transportation System Surtax, requires that any amendment to that ordinance be subject to a two-thirds vote of the Board membership; and
WHEREAS, amending section 29-124 of the Code to coordinate on-demand transportation services with existing transit services may augment and increase solutions and mobility,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 29-124 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 29-124. - Special fund created; uses of surtax
proceeds; and role of Citizens'
Independent Transportation Trust.

The surtax proceeds collected by the State and distributed hereunder shall be deposited in a special fund set aside from other County funds in the custody of the Finance Director of the County. Moneys in the special fund shall be expended for the transportation and transit projects (including operation and maintenance thereof) set forth in Exhibit 1 to this article (including those projects referenced in the ballot question presented to the electors to approve this levy) and the adopted Five Year Implementation Plan, subject to any amendments thereto made in accordance with the MPO process or made in accordance with the procedures specified in subsection (d) of this section.
Expenditure of surtax proceeds for contracts procured by or on behalf of Miami-Dade Transit or for transit-related procurements shall be subject to the following limitations:

(a) Surtax proceeds shall be applied to expand the Golden Passport Program to all persons (regardless of income level who are over the age of 65 or are drawing Social Security benefits) and to provide fare-free public transportation service on Metromover, including extensions.
(b) Surtax proceeds may only be expended for the transportation and transit purposes specified in Section 212.055(1)(d)1—4>>,<< Fla. Stats. (2010). >>The use of surtax proceeds for on-demand services as defined in section 212.055(1)(e), Florida Statutes, shall be limited to on-demand services where the origination or destination of the trip is a South Dade Transitway bus shelter, a Metrorail station, or a public transit park-and-ride facility and the trip is no greater than 5 miles in distance. Park-and-ride facilities shall mean parking lots, garages, or other structures where the public can park their vehicles and board public transit, which includes but is not limited to buses and rail.<<
* * *
(h) Twenty percent of surtax proceeds shall be distributed annually to those cities existing as of November 5, 2002 that meet the following conditions:
(i) That continue to provide the same level of general fund support for transportation that is in their FY 2001-2002 budget in subsequent Fiscal Years. Any surtax proceeds received shall be applied to supplement, not replace a city’s general fund support for transportation;
(ii) That apply 20 percent of any surtax proceeds received to transit uses in the nature of circulator buses, bus shelters, bus pullout bays, on-demand transportation services as defined in Section 212.055(1)(e), Florida Statutes>>, as may be amended from time to time<< [[(2010)]], or other transit-related infrastructure. The use of surtax proceeds for on-demand transportation services shall be limited to providing transportation >>services where the trip is no greater than 5 miles in distance and (1)
where the origination or destination of the trip is solely within city boundaries; (2) where the origination of a trip is within city boundaries and the destination is the nearest Metrorail station or South Dade Transitway bus shelter; (3) where the origination of a trip is the Metrorail station or South Dade Transitway bus shelter closest to the city boundary of the city where the intended destination of the trip is located; or (4) where the origination or destination of the trip is a public transit park-and-ride facility. Each city that uses surtax proceeds for on-demand transportation services shall provide an annual report to the County describing the city’s implementation of the on-demand transportation services in accordance with this paragraph.<<[[to Miami-Dade County residents whose household income do not exceed the standard threshold applied to determine eligibility for the low-income, senior citizen's additional homestead exemption outlined in Section 196.075, Florida Statutes (2010), as amended from time to time and meet at least one of the following two criteria: (1) are aged 65 years or older or (2) have a disability, as defined in the Americans with Disabilities Act of 1990 (ADA). Notwithstanding any provision to the contrary, on-demand transportation services as defined in Section 212.055(1)(e), Florida Statutes (2010), and used herein, shall require 24-hour pre-arranged service by recipients. No City may utilize surtax proceeds to provide on-demand transportation services, as defined herein, for individuals receiving County sponsored Special Transportation Services.]] Any city that cannot apply the 20 percent portion of surtax proceeds it receives as provided in this paragraph, may contract with the County for the County to apply such proceeds on a County project that enhances traffic mobility within that city and immediately adjacent areas. If the city cannot expend such proceeds in accordance with this paragraph and does not contract with the County as described in this paragraph, then such proceeds shall carry over and be added to the overall portion of surtax proceeds to be distributed to the cities in the ensuing year and shall be utilized solely for the transit uses enumerated in this subsection (ii);
* * *
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word.
Section 4. This ordinance shall become effective six (6) months after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 5. This ordinance may only be amended or repealed by a two-thirds vote of the Board of County Commissioners. Any amendment or repeal of this ordinance shall further require a minimum of six weeks between first and second reading.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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