TITLE
ORDINANCE RELATING TO FOR-HIRE MOTOR VEHICLES; AMENDING SECTIONS 31-83 AND 31-304 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING PROVISIONS RELATING TO THE TEMPORARY AND PERMANENT REMOVAL OF CHAUFFEURS FROM THE AMBASSADOR CAB PROGRAM; REVISING ELIGIBILITY REQUIREMENTS; PROVIDING CONDITIONS UNDER WHICH CHAUFFEURS REMOVED FROM THE AMBASSADOR CAB PROGRAM MAY REGAIN ELIGIBILITY TO RE-APPLY FOR AUTHORIZATION TO OPERATE AN AMBASSADOR CAB; MAKING TECHNICAL AND CONFORMING CHANGES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, on January 29, 2014, this Board adopted Ordinance No. 14-09, which among other things, designated taxicabs that transport persons and their baggage from Miami International Airport and the Port of Miami as Ambassador Cabs; and
WHEREAS, Ordinance No. 14-09 also established eligibility requirements for Ambassador Cab chauffeurs and specified certain conditions under which such chauffeurs can be temporarily and permanently removed from the program; and
WHEREAS, the Board desires to revise the conditions under which chauffeurs may be temporarily and permanently removed from the Ambassador Cab program; and
WHEREAS, the Board further desires to provide conditions under which chauffeurs removed from the Ambassador Cab program may regain eligibility to re-apply for authorization to operate an Ambassador Cab; and
WHEREAS, the Board recognizes the importance of driver retention in the Ambassador Cab program to the health and welfare of tourism in Miami-Dade County; and
WHEREAS, the Board wishes to eliminate overly-punitive conditions that inhibit said retention of drivers,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are true and correct and incorporated herein by reference.
Section 2. Section 31-83 of the Code of Miami-Dade County, Florida is hereby amended to read as follows: 1
Sec. 31-83. - Chauffeur's registration.
(a) Except as provided elsewhere in this article, it shall be unlawful
for any person to drive a taxicab over any street in Miami-Dade County without first having obtained a chauffeur's registration from the Department pursuant to Chapter 31, Article V of this Code. A chauffeur registered pursuant to this article shall not be required to take specified courses, and oral, written and physical examinations required by Article V.

(b) [[Effective October 1, 2022, every]]>>Every<< initial taxicab chauffeur applicant shall be required to complete a training program prescribed by the Department. Such program shall include, but not necessarily be limited to, training regarding Chapters 31 and 8CC of the Code, customer service, and any E-Request software programs or applications approved by the Department pursuant to Section 31-85(h) of the Code. Any coursework, visual aids, and printed materials provided as a part of or used in the training program shall be made available in English, Spanish, and Creole. Each initial taxicab chauffeur applicant, and any renewal applicant who has never previously undergone the training program prescribed by the Department, including the previous program required prior to the adoption of Ordinance No. 16-43, shall be required to pass a written exam demonstrating his or her knowledge of the matters covered in the program, and such exam shall be offered in English, Spanish, and Creole.

(c) [[Effective October 1, 2022, existing]]>>Existing<< taxicab chauffeurs shall have the option to enroll in the training program described in subsection (b) and shall thereafter have the option to re-enroll in the training program, but in no event shall such re-enrollment occur sooner than two years from the date of such chauffeur's most recent completion of the program.

>>(d) Notwithstanding any provision to the contrary, existing taxicab chauffeurs who have been removed from and deemed ineligible to apply for the Ambassador Cab Program pursuant to section 31-304(6)(e) may be permitted to enroll in the training program described in subsection (b) for the purpose of regaining eligibility to re-apply for authorization to operate an Ambassador Cab pursuant to section 31-304(6)(f).


Section 3. Section 31-304 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 31-304. - Chauffeur's registration�Additional taxicab requirements.
Each chauffeur shall:

* * *

(6) ?Notwithstanding any provision to the contrary, any chauffeur who seeks authorization to pick-up passengers at Miami International Airport and the Port of Miami shall be required to register with the Department and meet with and abide by the following standards:

(a) Chauffeurs of Ambassador Cabs shall at all times during the performance of their duties be in compliance with Chapter 31 of the Code of Miami-Dade County, Miami-Dade Aviation Operational Directive number 42, Port of Miami Tariff number 10 and the requirements of this section;

(b) A chauffeur seeking authorization to operate an Ambassador Cab shall not be eligible to operate an Ambassador Cab if he or she has during the preceding one (1) year period: (i) been found guilty of more than [[two]]>>three<< violations of Chapter 31 of the Code by an administrative hearing officer; or (ii) failed to pay or appeal more than [[two]]>>three<< citations for violations of Chapter 31 of the Code within the established time; or (iii) paid more than [[two (2)]]>>three<< fines for violating Chapter 31 of the Code;

(c) Any chauffeur of an Ambassador Cab shall be [[removed]]>>suspended<< from the Ambassador Cab program and not permitted to pick-up passengers at Miami International Airport and the Port of Miami if he or she has during any one (1) year period as an Ambassador Cab chauffeur: (i) been found guilty of more than [[two]]>>three<< violations of Chapter 31 of the Code by an administrative hearing officer; or (ii) failed to pay or appeal more than [[two (2)]]>>three<< citations for violations of Chapter 31 of the Code within the established time; or (iii) paid more than [[two (2)]]>>three<< fines for violating Chapter 31 of the Code;

(d) Any chauffeur of an Ambassador Cab shall be [[removed]] >>suspended<< from the Ambassador Cab program and not permitted to pick-up passengers at Miami International Airport and the Port of Miami if he or she has during any one (1) year period as an Ambassador Cab chauffeur: (i) been found guilty of one of the following violations of Chapter 31 of the Code by an administrative hearing officer; or (ii) failed to pay or appeal one of the following citations for violating Chapter 31 of the Code within the established time; or (iii) paid a fine for violating one of the following provisions of Chapter 31 of the Code:

i. ?Failure to use established rates; or

ii. ?Refusal to transport a passenger.

(e) Notwithstanding, any provision to the contrary, any chauffeur of an Ambassador Cab shall be [[permanently]] removed from and [[permanently]]>>deemed<< ineligible to apply for the Ambassador Cabs Program and not permitted to pick-up passengers at Miami International Airport and the Port of Miami if he or she has: (i) been found guilty of a second offense of one of the following violations of Chapter 31 of the Code by an administrative hearing officer; or (ii) for a second time, failed to pay or appeal one of the following citations for violating Chapter 31 of the Code within the established time; or (iii) for a second time, paid a fine for violating one of the following provisions of Chapter 31 of the Code:

i. ?Failure to use established rates; or

ii. ?Refusal to transport a passenger.

(f) Chauffeurs [[removed]] >>suspended<< from operation as an Ambassador Cab chauffeur >>pursuant to subsections 6(c) or (d) above<< may not re-apply to pick up passengers at Miami International Airport or the Port of Miami until one (1) year from the date of [[removal]]>>suspension<< from the program has passed provided that during that period the chauffeur has not: (i) been found guilty of more than two violations of Chapter 31 of the Code by an administrative hearing officer; or (ii) failed to pay or appeal more than two (2) citations for violations of Chapter 31 of the Code within the established time; or (iii) paid more than two (2) fines for violating Chapter 31 of the Code>>. Notwithstanding any provision to the contrary, Chauffeurs removed from and deemed ineligible to apply for the Ambassador Cab Program pursuant to subsection(6)(e) of this section, after a period of one year from the date of such removal, shall, subject to the requirements of subsection (6)(b) above and section 31-93(b), regain their eligibility to re-apply for authorization to operate an Ambassador Cab providing that such Chauffeur has, pursuant to section 31-83(d), enrolled in and completed the training program described in section 31-83(b)<<;


* * *

Section 4. 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 5. 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 6. This ordinance shall become effective 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.

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.