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ORDINANCE RELATING TO THE UNAUTHORIZED SALE OF PUBLIC SERVICE APPOINTMENTS; CREATING SECTION 21-49.3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING THE SALE OF PUBLIC SERVICE APPOINTMENTS OFFERED BY THE MIAMI-DADE COUNTY OFFICE OF THE TAX COLLECTOR; AMENDING SECTION 8CC-10; PROVIDING PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, the Board of County Commissioners, in cooperation with the Miami-Dade County Office of the Tax Collector, seeks to address a widespread emerging phenomenon colloquially known as �reservation scalping,� in which unauthorized third parties are reserving free appointments in bulk and reselling them to members of the public for a profit; and
WHEREAS, the unauthorized sale of public service appointments often entails using automated bots to hoard reservations, making it difficult for members of the public to secure free appointments directly from a government office; and
WHEREAS, this unauthorized practice can result in unsuspecting customers paying for appointments that should be free, customers unwittingly providing payment information to a third party not affiliated with the government office, a false demand for public services, and government offices losing control of their scheduling systems; and
WHEREAS, the Miami-Dade County Office of the Tax Collector now provides driver license services at two of its existing locations and is in the process of assuming nine driver license offices currently operated by the Florida Department of Highway Safety and Motor Vehicles and has encountered reservation scalping at multiple locations, which negatively affects the provision of public services and the customer experience; and
WHEREAS, the Miami-Dade County Office of the Tax Collector has and will continue to institute technology and process improvements to address the issue of reservation scalping but has also requested support from this Board in establishing civil penalties to further deter such unauthorized practices,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 21-49.3 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec. 21-49.3. Unauthorized sale of public service appointments.

(a) It shall be unlawful and a violation of this section for any person, entity or platform to list, post, sell, or promote the sale of public service appointments offered by the Miami-Dade County Office of the Tax Collector without its express written consent.

(b) Any person who violates any provision of this section shall be subject to fines in accordance with chapter 8CC and to any penalties or remedies provided in section 1-5 and chapter 8CC, as applicable. Each violation of this section shall constitute a separate offense.<<

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.

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Code Section
Description of Violation
Civil Penalty
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21-49.2
Failure to ensure acknowledgment of disclosure statement appears as required on instrument of conveyance or lease
1,000.00
>>21-49.3<<
>>Unauthorized sale of public service appointments<<
>>500.00<<
21-50
Aiming a laser pointer at an aircraft, manned police vehicle, or air traffic control tower
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.