Miami-Dade Legislative Item
File Number: 210740
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File Number: 210740 File Type: Resolution Status: Adopted
Version: 0 Reference: R-449-21 Control: Board of County Commissioners
File Name: PROHIBIT RETAIL BUSINESSES FROM REFUSING CASH PAYMENTS Introduced: 3/23/2021
Requester: NONE Cost: Final Action: 5/4/2021
Agenda Date: 5/4/2021 Agenda Item Number: 11A2
Notes: Title: RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT LEGISLATION DESIGNED TO PROHIBIT RETAIL BUSINESSES FROM REFUSING TO ACCEPT CASH PAYMENTS FOR GOODS OR SERVICES; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXAMINE THE FEASIBILITY OF PROHIBITING RETAIL BUSINESSES IN MIAMI-DADE COUNTY FROM REFUSING TO ACCEPT CASH PAYMENTS FOR GOODS OR SERVICES, AND REQUIRING A REPORT
Indexes: CASH
  PAYMENT
Sponsors: Sen. Rene Garcia, 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

Board of County Commissioners 5/4/2021 11A2 Adopted P

Airports and Economic Development Committee 4/13/2021 2B Forwarded to BCC with a favorable recommendation P

County Attorney 3/30/2021 5:03:56 PM Referred Airports and Economic Development Committee 4/13/2021

County Attorney 3/23/2021 Assigned Ryan Carlin 3/23/2021

Legislative Text


TITLE
RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT LEGISLATION DESIGNED TO PROHIBIT RETAIL BUSINESSES FROM REFUSING TO ACCEPT CASH PAYMENTS FOR GOODS OR SERVICES; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXAMINE THE FEASIBILITY OF PROHIBITING RETAIL BUSINESSES IN MIAMI-DADE COUNTY FROM REFUSING TO ACCEPT CASH PAYMENTS FOR GOODS OR SERVICES, AND REQUIRING A REPORT

BODY
WHEREAS, a growing number of retail establishments across the United States have adopted “cashless policies,” declaring that they refuse to accept cash payment from their customers, and, instead, require that payment for the goods and services offered by such retailers be made only with credit cards, debit cards, or digital payment methods that result in electronic transfers of funds to the retailer; and
WHEREAS, such policies threaten to send a message that certain customers are not welcome in certain stores; and
WHEREAS, cashless policies discriminate against millions of customers who do not have the resources to participate in cashless transactions; and
WHEREAS, according to the Federal Reserve, there are an estimated 55 million unbanked or underbanked adult Americans; and
WHEREAS, these Americans would be disenfranchised from cashless retail establishments; and
WHEREAS, currently, while some states have passed laws that require businesses to accept cash, there is no federal law prohibiting stores from declining cash payments; and
WHEREAS, related Senate and House Bills, Senate Bill (“S.”) 4145 by U.S. Senator Robert Menendez (D – New Jersey) and House of Representatives Bill (“H.R.”) 2560 by U.S. Representative Donald M. Payne, Jr. (D – New Jersey), were filed for consideration during the 116th United States Congress; and
WHEREAS, if enacted, these bills would have made it unlawful for a person selling goods or services at retail to refuse to accept cash for the goods or services; and
WHEREAS, this Board wishes to allow all customers the freedom to choose a payment option that works for them; and
WHEREAS, this Board believes that legislation similar to S. 4145 and H.R. 2560 from the 116th Congress would provide that freedom of choice in how customers wish to pay for goods or services; and
WHEREAS, consequently, this Board desires that the County Mayor or the County Mayor’s designee examine the feasibility of prohibiting retail businesses in Miami-Dade County from refusing to accept cash payments,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the United States Congress to enact legislation that would prohibit retail businesses from refusing to accept cash payments for goods or services.
Section 2. Directs the County Mayor or County Mayor’s designee to examine the feasibility of prohibiting retail businesses in Miami-Dade County from refusing to accept cash payments for goods or services.
Section 3. Directs the County Mayor or County Mayor’s designee to provide a report or recommendation regarding the directive in section 2, to this Board within 30 days of the effective date of this resolution and to place the completed report on an agenda of this Board pursuant to Ordinance No. 14-65.
Section 4. Directs the Clerk of the Board to transmit a certified copy of this resolution to United States Senator Robert Menendez, United States Representative Donald M. Payne, Jr., all cosponsors of S. 4145, H.R. 2650, and the members of the Florida Congressional Delegation.
Section 5. Directs the County’s federal lobbyists to advocate for the legislative action described in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2021 federal legislative package to include this item.



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