TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND THE CURRENT PREEMPTION UNDER STATE LAW AND ALLOW LOCAL GOVERNMENTS TO REGULATE RESTAURANT PAYMENT POLICIES AND REQUIRE RESTAURANTS WITHIN THEIR JURISDICTION TO ACCEPT CASH AS A FORM OF PAYMENT FROM GUESTS

BODY
WHEREAS, a growing number of establishments across the United States have adopted �cashless policies,� declaring that they refuse to accept cash payments from their customers and, instead, require that payment for the goods and services offered by such establishments be made only with credit cards, debit cards, or digital payment methods that result in electronic transfers of funds to the seller; and
WHEREAS, such policies threaten to send a message that certain customers are not welcome in certain establishments; 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 establishments; and
WHEREAS, currently, while some states have passed laws that require businesses to accept cash, there is no federal law prohibiting businesses from declining cash payments; and
WHEREAS, this Board wishes to allow all customers the freedom to chose a payment option that works for them; and
WHEREAS, therefore, on May 17, 2022, this Board passed and adopted Ordinance No. 22-53, creating section 21-60 of the Code, the �Cashless Retail Prohibition,� which prohibits retail businesses from refusing to accept cash payments for goods or services; and
WHEREAS, the purpose of the Cashless Retail Prohibition is 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; and
WHEREAS, however, under current state law, cities and counties in Florida are preempted from adopting legislation regulating restaurant payment policies because the State of Florida currently has exclusive jurisdiction, except in limited circumstances not applicable here, to regulate such payment policies pursuant to chapter 509, Florida Statutes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to amend the current preemption under state law and allow local governments to regulate restaurant payment policies and require restaurants within their jurisdiction to accept cash as a form of payment from guests.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County�s state lobbyists to advocate for the actions set forth in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2024 State Legislative Package when it is presented to the Board.