§ 2-123. Fees, amounts, collection, disposition.

(a)

Any and all fees and payments, whether payable to the County by an applicant or operator or payable to an operator in the course of branch office transactions or for services otherwise rendered, shall be established by and set forth in an administrative order submitted by the County Manager and approved by the Board.

(b)

The operator shall collect the service fees specified in Chapters 319, 320, 327 and 328, Florida Statutes. These amounts shall be remitted with each motor vehicle transaction report delivered to the Tax Collector.

(c)

Each operator shall be entitled to fees for services rendered. Fees so authorized are the only lawful fees allowable for such services which the operator performs or renders on behalf of Miami-Dade County. Any branch office charging fees in excess [of] those set forth in the applicable administrative order shall return such overcharges to the customer and submit to the Tax Collector proof of refund. Charging fees in excess of that set forth may constitute adequate and sufficient grounds for the revocation or suspension of the authorization to operate a branch office.

(d)

To compensate for inflation and other changes in operating conditions, at the request of the Tax Collector or the majority of operators, fees may be subject to review and adjustment, but not more frequently than at two-year intervals unless the Tax Collector in his discretion determines that special circumstances exist necessitating review. The adjustments are intended to compensate for such factors as inflation, changes in the law which affect the costs of operation and other changes in operating conditions. In no event shall the initial obligations or start-up costs of new or transferred branch offices be considered as grounds for fee adjustments.

(e)

Whenever any operator shall receive any moneys from any person for a transaction pertaining to a motor vehicle or vessel decal, tag, title, title transfer, registration, or other application, the customer shall be given a receipt for all moneys collected, showing all details of the transaction, upon a receipt form approved by the Tax Collector, and shall report such transaction upon a form supplied by the Tax Collector, and pay over such moneys together with the respective documents and a copy of the customer's receipt to the Miami-Dade County Auto Tag Agency within the time prescribed by the tax collector in Administrative Order 4-83.

(f)

It shall be unlawful for any branch office to accept payments and/or documents on any application and hold such payments and/or documents in abeyance for any reason.

(g)

Whenever any operator fails to report any transaction to the Miami-Dade County Auto Tag Agency within the prescribed period, the said operator will be assessed a penalty on the total remittance due and in arrears at a rate of 12 percent per year or 0.0329 percent per day. This penalty shall be in addition to any suspension or revocation of the branch office's authorization.

(h)

The failure of any operator of a private branch agency or limited branch office or employee or agent thereof to comply with all rules and regulations as established by the County Manager, Tax Collector or other governmental agency shall constitute adequate and sufficient grounds for the suspension and/or revocation of the operator's authorization to act on behalf of Miami-Dade County. In such event, each operator shall, upon request of the Tax Collector, return all unsold decals, tags, unreported registrations, title applications, all other documents the Tax Collector deems appropriate, and all unused forms to the Miami-Dade County Auto Tag Agency.

(i)

After approval by the Tax Collector, a copy of the fee schedule shall be posted in a conspicuous place in the branch office where it may be readily observed by customers without inquiry as to its place of posting. The fee schedule shall include the following notice:

"This is a privately owned business under contract with Miami-Dade County as a branch office of the Miami-Dade County Auto Tag Agency. The fees shown on this schedule are the maximum fees authorized and approved by Miami-Dade County. Any complaint concerning this branch office may be directed to the Miami-Dade County Tax Collector, 140 West Flagler Street, (375-4677)."

(j)

Limited branch offices must deposit funds in a bank designated by Miami-Dade County using procedures outlined in the program standards of the EFS and those included in the administrative order regarding the EFS when the transaction is completed, but in no event more than thirty (30) days after the transaction was commenced.

(Ord. No. 94-135, § 2, 6-21-94; Ord. No. 97-93, § 3, 6-17-97; Ord. No. 01-25, §§ 4, 5, 2-13-01)