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) Legislative Intent, Findings, and Purpose. The Board of County Commissioners hereby finds that it is in the best interests of the residents of the County to ensure its economy is inclusionary and accessible to everyone. It is the purpose of this section to ensure that all County residents�including those who lack access to other forms of payment, such as elderly, low-income, and disabled persons�are able to participate in the County�s economic life by paying cash for goods and services. This section ensures County residents continue to have the option of paying in cash for consumer goods or services at retail.

(B) 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) sales that are not conducted in person, including any telephone, mail, or internet transactions, or other electronic 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;
(f) services provided by accountants, architects, attorneys, engineers, financial advisers, insurance agents, interior designers, software developers, and management;
(g) sales in which the business suspects the use of counterfeit cash;
(h) the use of cash denominations larger than $20.00 by a customer; and
(i) any transactions which the County is preempted from regulating pursuant to Florida statute.

(C) Prohibitions. It shall be unlawful for a person or entity 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 or entity 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.

(D) Notwithstanding the foregoing prohibitions, any venues that host events, including but not limited to any stadiums and arenas that regularly host officially sanctioned professional sporting events, collegiate sporting events, or both, shall be deemed in compliance with this section if they have at least one location on the premises where customers are able to purchase payment cards with cash.

(E) 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

Third violation

Each subsequent violation




Warning

$100.00

$200.00

$1,000.00<<
* * *
Section 3. Currently, businesses in Florida may implement a cash discount program, in which they are permitted to offer a lower price to customers who pay wish cash.
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 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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