§ 28A-6. Licensing and permits for stevedores.  


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  • 28A-6.1. Miami-Dade County stevedore licenses. No person, shall act as a stevedore within Miami-Dade County, Florida, unless such person is a natural person and has first obtained a stevedore license from the Board after examination. The application for a stevedoring license shall be made by a natural person only and shall be submitted under oath to the Director for consideration by the County Manager. The County Manager shall present the application with his recommendation to the Board. No person shall employ a stevedore to perform services as such within Miami-Dade County, Florida, unless such stevedore is licensed by the Board. The issuance of a Miami-Dade County stevedore license shall not entitle the holder thereof to perform stevedoring services at or with the Port of Miami absent the issuance of a stevedore permit to the licensee or the firm by which the licensee is employed. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 00-29, § 1, 2-24-00)

    28A-6.2. Port of Miami stevedore permits. No person shall act as a stevedore within the Port of Miami without first having obtained a stevedore permit from the Director. The application for a stevedoring permit for the Port of Miami shall be made by a person, including a corporation or partnership, and shall be submitted under oath to the Director. The Director shall not consider an application for a stevedore permit unless the applicant has a stevedore license or employs a natural person so licensed. The Director shall examine the qualifications of the applicant and shall issue the permit only if the criteria established in Section 28A-6 are met. No person shall employ a stevedore to perform stevedoring services within the Port of Miami unless such stevedore has a stevedoring permit and either has a stevedore license or employs a natural person so licensed. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 00-29, § 1, 2-24-00)

    28A-6.3. Application for County stevedore license and Port of Miami stevedore permit.

    (a)

    Each application for a County stevedore license or Port of Miami stevedore permit shall be filed together with a personal character form furnished by the County Manager or the Director and completed and sworn to by the applicant. If the person applying for a stevedore permit is a corporation or other non-natural person, the personal character form shall be completed by the chief executive officer of the entity on behalf of the entity.

    (b)

    The applications for the County stevedoring license and the Port of Miami stevedore permit shall require the applicant to report in writing any affiliation, as an employee, partner, associate, officer, trustee, director or owner of greater than a twenty (20) percent share (directly or indirectly) of or any person, corporation, partnership, joint venture, association, firm, business trust, syndicate, municipal or other governmental body which may directly or indirectly be involved with the shipment or handling of freight. If so affiliated, the application must be accompanied by a written list of such affiliations and the names and addresses of persons or members of any such corporation, partnership, joint venture, association, firm, business trust, or syndicate. The name and address of each person holding a controlling financial interest in the corporation, partnership, joint venture, association, firm, business trust, or syndicate, according to the definition of "controlling financial interest" contained in Section 2-11.1(b)(8), Code of Metropolitan Miami-Dade County, shall be provided by the applicant.

    (c)

    All stevedore permit holders shall keep all ownership and controlling interest information current over the course of the stevedore permit. A stevedore permit holder shall notify the director in writing, with a copy to the County Manager, of any change in the identity of persons holding a "controlling financial interest" in the permit holder contemporaneously with the occurrence of such change, and state in its notice whether the underlying transaction was approved by the Committee on Foreign Investment in the United States ("CFIUS) pursuant to 50 U.S.co App. SS2170, if applicable, and if so, the date of such approval. The port director shall have the authority to request that a background investigation of such persons be performed by the Miami-Dade Police Department.(Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 00-29, § 1, 2-24-00; Ord. No. 07-57, § 3, 4-24-07)

    28A-6.4. Procedure for obtaining County stevedore license and/or Port of Miami stevedore permit.

    (a)

    A County stevedore license application may be obtained at the office of the Director, where, upon completion, it shall be returned. The Director shall forward it to the Miami-Dade Police Department for the purpose of conducting a criminal background check. The Miami-Dade Police Department shall process the application and return it to the Director with a memorandum indicating either that the applicant has passed or failed the criminal background check. The Director shall forward his recommendations with the application to the County Manager for his consideration pursuant to Section 28A-6.1.

    (b)

    A Port of Miami stevedore permit application may be obtained from the office of the Director, where, upon completion, it shall be returned. The Director shall forward it to the Miami-Dade Police Department for the purpose of conducting a criminal background check. Following processing, the Miami-Dade Police Department shall return it to the Director with a memorandum indicating either that the applicant has passed or failed the criminal background check. The Port Director, in making his determination as to the issuance or denial of the permit, shall, in addition to the criteria set forth in subsection (c) below, make findings as to the need or lack of need for such permit.

    (c)

    The County Manager and the Seaport Director shall, after examination, issue stevedore licenses and permits, respectively, to competent and trustworthy persons in such numbers as they deem necessary for the efficient operation of the county waterfront and Port of Miami facilities. The criteria for issuance shall, in the case of a permit in addition to the needs determination contained in subsection (b) above, include, but shall not be limited to, the following:

    (1)

    The physical ability of the port, the waterways, and the Miami River facilities, respectively, to handle the vessel(s), passengers, freight or support services necessary therefor, which may be proposed by the applicant, including plans (if any) approved by the Board for proposed facilities expansion;

    (2)

    The total and peak quantities of passengers or freight;

    (3)

    The frequency of dockings;

    (4)

    Special demands upon or savings to the County;

    (5)

    The inability or refusal of license or present permit holders, respectively, to adequately serve new or existing business;

    (6)

    The financial strength of the applicant, including the ability to secure insurance, indemnity and performance bonds;

    (7)

    The pendency or entry of any proceeding, judgment or order of any court or regulatory body respecting the ability of the applicant, its affiliates, and/or its principals or operating offices to conduct a stevedoring business;

    (8)

    The experience of the applicant, its affiliates, principals or operating officers;

    (9)

    Efficient operation of the port, having due regard for the business of the port, harbor and channels; and

    (10)

    The applicant's work-related safety record over the last five (5) years, including, without limitation, the frequency or severity or both of work-related accidents, injuries or deaths; and citations, judgments, consent decrees, notices of violation or rulings issued by OSHA and other regulatory agencies.

    (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 4, 6-2-98; Ord. No. 00-29, § 1, 2-24-00; Ord. No. 08-114, § 1, 10-7-08)

    28A-6.5. Denial of County stevedore license or Port of Miami permit.

    (a)

    A County stevedore license or Port of Miami permit shall be denied to any person or entity required to submit an application in Section 28A-6.3 if the person or entity, or any officer, member, or shareholder of greater than a twenty (20) percent share thereof; (i) has been convicted of a felony within the last ten (10) years or (ii) has had a finding of guilt entered against him, her or it on a felony enumerated in subsection (i); except in the case of a Grandfathered Applicant, which shall be governed by subsection (b) below.

    (b)

    A County stevedore license or Port of Miami permit shall be denied to any Grandfathered Applicant required to submit an application in Section 28A-6.3 if the person or entity, or any officer, member, or shareholder of greater than a twenty (20) percent share thereof; (i) has been convicted of a felony within the last ten (10) years or (ii) has had a finding of guilt entered against him, her or it on a felony enumerated in subsection (i); provided, however, that any felony falling within one of the following two categories shall not be considered:

    (A)

    Any felony conviction or finding of guilt more than five (5) years prior to the effective date of the ordinance from which this section derives; and

    (B)

    Any felony conviction or finding of guilt less than five (5) years prior to the effective date of the ordinance from which this section derives other than cargo theft; smuggling; possession with intent to sell or distribute, sale, or trafficking of narcotics or other controlled substance; any violent crime committed with a weapon; fraud, misrepresentation, embezzlement, bribery, forgery, false pretenses or any other felony under Chapters 812, 817, 837, or 838, Florida Statutes, or their federal counterparts.

    A "Grandfathered Applicant" for purposes of this subsection and subsection (a) above means a person or firm working on the Seaport as of the effective date of the ordinance from which this section derives or who, prior to the effective date of the ordinance from which this section derives, worked on the Seaport. Nothing in this section shall be construed to treat a felony conviction or a finding of guilt of a Grandfathered Applicant occurring subsequent to the effective date of the ordinance from which this section derives any differently than such a conviction or finding of guilt would be treated for an applicant under section (a).

    (c)

    Any applicant for a County stevedore license or Port of Miami permit denied a license or permit based on subsections (a) or (b) above may appeal the decision to the appeals committee set forth in Section 28A-5.3(h). The Director shall issue a license or permit if the applicant otherwise qualifies and the appeals committee has determined the applicant shall be issued a license or permit. Alternatively, if the appeals committee determines that the applicant shall be denied a license or permit, the Director shall issue the applicant a letter so stating. In either event, the applicant or the Director, as the case may be, shall have available the review procedures of Section 28A-7. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 98-78, § 4, 6-2-98)

    28A-6.6. Duration; grounds for suspension or revocation. A Miami-Dade County stevedore license or Port of Miami stevedore permit issued by the Board or Director, respectively, shall expire on January fifteenth annually. Upon expiration, a license or permit may be renewed by the Director when all the applicable requirements and procedures set forth in Sections 28A-6.1 through 28A-6.8 and Port of Miami Tariff No. 010, as amended, have been met. Failure of any person to timely file an application for renewal of a Miami-Dade County stevedore license or a Port of Miami stevedore permit shall cause the same automatically to lapse. In the event that a license or permit lapses, the holder may petition the County Manager or Director, respectively, for reinstatement of such license or permit. For good cause shown, the County Manager or Director, respectively, may reinstate such a license or permit to renewal status. A stevedore license or permit shall be subject to suspension or revocation upon a determination by the Mayor or Designee that the frequency or severity or both of work-related accidents, injuries or deaths, or citations, judgments, consent decrees, notices of violation or rulings issued by OSHA or other regulatory agencies, warrants a suspension or revocation. The Mayor or Designee shall provide notice of suspension of [or] revocation to the license or permit holder by certified mail ten (10) days before the license or permit is revoked or suspended. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97; Ord. No. 00-29, § 1, 2-24-00; Ord. No. 08-114, § 1, 10-7-08)

    28A-6.7. Transfer of Miami-Dade County stevedore license or Port of Miami stevedore permit.

    (a)

    No stevedoring licenses or permits shall be transferable except as follows: When a licensee or permittee shall have a bona fide sale of the business which he is so licensed or permitted to conducted, he may obtain a transfer of such license or permit to the purchaser of the said business only if the application of the purchaser shall be approved by the Director and the Board under the same procedures provided for in Sections 28A-6.1 through 28A-6.6.

    (b)

    Immediately and automatically upon the death of a holder of a stevedore license or permit, the license or permit shall terminate; however, any insurance, bond, covenant, indemnity, guarantee or monetary obligation to Miami-Dade County arising from the stevedore business at or prior to such death shall remain in full force and effect and shall be binding upon the estate, any beneficiary, devisee, heir at law, creditor or personal representative (as those terms are defined in Chapter 731, Florida Statutes, and particularly Section 731.201 [thereof]).

    (c)

    Where a holder of a Port of Miami stevedore permit is the only permit holder employed with a stevedore firm on the port, but has no "controlling interest" (as defined in Section 2-11.1(b)(8), Code of Metropolitan Miami-Dade County) in the firm, and the permit holder ceases to hold such permit, then the Director shall give a preference in issuing the next available permit to a natural person who is also employed by said stevedoring firm and who files an application and qualifies pursuant to Sections 28A-6.1 through 28A-6.7. (Ord. No. 78-65, § 1, 10-4-78; Ord. No. 97-161, § 1, 9-23-97)

    Annotation— AO 4-50.

    28A-6.8. Reporting of work-related accidents and injuries and regulatory actions. The holder of a stevedore license or permit shall report to the Director within three (3) days:

    (a)

    All work-related accidents, injuries and deaths that occur as part of, relate to, are caused by, or arise out of the license or permit holder's operations at the Port of Miami or in Miami-Dade County; and

    (b)

    All citations, judgments, consent decrees, notices of violation or rulings issued by OSHA or other regulatory agencies to the license or permit holder whether at the Port of Miami, in Miami-Dade County or elsewhere.

(Ord. No. 08-114, § 2, 10-7-08)