Miami-Dade Legislative Item
File Number: 220100
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File Number: 220100 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Airports and Economic Development Committee
File Name: PROHIBITING RETAIL BUSINESSES FROM REFUSING TO ACCEPT CASH Introduced: 1/13/2022
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 4A
Notes: SEE 220753 Title: ORDINANCE RELATED TO RETAIL TRANSACTIONS; CREATING SECTION 21-60 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING RETAIL BUSINESSES FROM REFUSING TO ACCEPT CASH PAYMENTS FOR GOODS OR SERVICES; AMENDING SECTION 8CC OF THE CODE; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTY; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CASH
Sponsors: Sen. Rene Garcia, Prime Sponsor
  Sally A. Heyman, 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

Airports and Economic Development Committee 4/12/2022 1G1 Withdrawn

Airports and Economic Development Committee 3/8/2022 1G1 Deferred 4/12/2022 P
REPORT: During the setting of the agenda, the foregoing item was deferred to the April 12, 2022 Airport and Economic Development Committee (AEDC) meeting.

Office of the Chairperson 3/7/2022 Deferrals 4/12/2022
REPORT: The Prime Sponsor is requesting deferral of this item to April 12, 2022 Airports and Economic Development committee meeting.

Board of County Commissioners 2/1/2022 Tentatively scheduled for a public hearing Airports and Economic Development Committee 3/8/2022

Board of County Commissioners 2/1/2022 4A Adopted on first reading 3/8/2022 P
REPORT: County Attorney Geri Bonzon Keenen read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Airports and Economic Development Committee on Tuesday, March 8, 2022 at 9:00 a.m.

County Attorney 1/13/2022 Referred Airports and Economic Development Committee 3/8/2022

County Attorney 1/13/2022 Assigned Ryan Carlin 1/24/2022

Legislative Text


TITLE
ORDINANCE RELATED TO RETAIL TRANSACTIONS; CREATING SECTION 21-60 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING RETAIL BUSINESSES FROM REFUSING TO ACCEPT CASH PAYMENTS FOR GOODS OR SERVICES; AMENDING SECTION 8CC OF THE CODE; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTY; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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 or ability 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, this Board wishes to allow all customers the freedom to choose a payment option that works for them,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 21-60 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec. 21-60. - Cashless Retail Prohibition.
(A) Definitions. For purposes of this section, the following terms shall be defined as follows:
(1) “Cash” means United States coins and currency, including federal reserve notes. Cash does not include foreign currency.
(2) “At retail” means any retail transaction conducted in person and shall exclude:
(a) any telephone, mail, or internet transactions;
(b) transactions at wholesale clubs that sell consumer goods and services through a membership model;
(c) transactions at retail stores selling consumer goods exclusively through a membership model that requires payment by means of an affiliated mobile device application;
(d) transactions for the rental of consumer goods, services, or accommodations for which posting of collateral or security is typically required;
(e) consumer goods or services provided exclusively to employees and others authorized to be on the employer’s premises; and
(f) any transactions which the County is preempted from regulating pursuant to Florida statute.
(B) Prohibitions. It shall be unlawful for a person selling or offering for sale consumer goods or services at retail to refuse to accept cash as a form of payment to purchase goods or services. A person selling or offering for sale goods or services at retail shall not:
(1) Refuse to accept cash as a form of payment;
(2) Post signs on the premises that cash payment is not accepted; or
(3) Charge a higher price to customers who pay cash than they would pay using any other form of payment.
(C) Notwithstanding the foregoing prohibitions, a person selling or offering for sale goods or services at retail may refuse to accept cash in any denomination larger than a twenty-dollar bill.
(D) Applicability.
(1) This chapter shall be a minimum standard and shall apply to both the incorporated and unincorporated areas.
(a) The Director of the Miami-Dade County Department of Regulatory and Economic Resources or successor department (“Department”), and his or her designees, are hereby charged with the enforcement responsibilities of this chapter throughout the County.
(b) Any municipality may establish and enforce more stringent regulations as such municipality may deem necessary.
(c) The penalties in chapter 8CC for violations of this chapter shall also be a minimum standard and shall apply to both the incorporated and unincorporated areas.<<
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.
The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.
* * *
Code Section Description of Violation Civil Penalty * * * >>21-60(B) Refusing to accept cash payments for goods or services:
First violation
Second violation occurring within 12 months of the first violation
Third violation and subsequent violation occurring within 12 months of the most recent two preceding violations
$100.00
$200.00
$1,000.00<<
* * * 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.

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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