§ 31-93. Special provisions.

(a)

The provisions of this article shall be the exclusive regulations applicable to the provision of and operation of for-hire motor vehicle transportation services in Miami-Dade County. Notwithstanding the provisions of any municipal ordinance, resolution or agreement to the contrary, from and after the effective date of this article no municipality shall authorize, establish, change, alter, amend, or otherwise regulate for-hire transportation in Miami-Dade County. Regulations established by this article shall be uniform throughout Miami-Dade County both in the incorporated and unincorporated areas without regard to municipal boundaries. All municipal ordinances or resolutions to the contrary are hereby superseded and rescinded.

(b)

Ambassador Cabs. Any taxicab licensed pursuant to Section 31-82 of this article and meeting all standards set forth in Section 31-89 of this article shall seek and receive authorization to provide transportation of persons and their baggage from Miami International Airport and from the Port of Miami. The transportation of persons and baggage from Miami International Airport or from the Port of Miami shall constitute an agreement by the operator that he/she/it will conform and cause the chauffeur driving such taxicab to conform to such terms, conditions, and fees. Notwithstanding any provision to the contrary, any taxicab for-hire license holder who seeks authorization to pick-up passengers at Miami International Airport and the Port of Miami utilizing his/her/its taxicab shall be required to register with the RER and comply with and abide by the standards set forth below. Taxicabs authorized to provide taxicab service at Miami International Airport and the Port of Miami shall be designated as Ambassador Cabs. For purposes of this Article, the Miami Intermodal Center (MIC) shall be considered part of Miami International Airport, and all taxicabs which provide taxicab service from the MIC shall be subject to all provisions governing taxicab service at Miami International Airport. Twelve (12) months after the effective date of this ordinance, all taxicabs transporting persons and their baggage from Miami International Airport or from the Port of Miami shall be registered as Ambassador Cabs. Ambassador Cabs shall comply with the following requirements:

(1)

Credit Card Processing System. Each Ambassador Cab shall be equipped with an operable back of seat credit card processing system.

(i)

The credit card processing system shall allow the passenger to utilize his or her credit card in the rear compartment of the taxicab without handing the card to the chauffeur. Said equipment shall list tips, fares, tolls and fees separately. The credit card payment display terminal shall be interfaced with the vehicle's taximeter and shall be programmed to display all authorized meter and flat fare rates. The meter shall be used for all fares, including flat fare trips. In the event the credit card processing system is not operational, the chauffeur shall: (1) immediately notify the RER department of the situation; (2) repair the system and have it re-inspected within forty-eight (48) hours; and (3) notify any passenger that the system is not working, and make available to the passenger a mobile credit card processing system. If available, the chauffeur shall (a) utilize a mobile credit card processing system which has the capability to provide a receipt to the passenger and (b) provide each passenger with a receipt. If the credit card processing system is not repaired within forty-eight (48) hours after malfunctioning, the chauffeur shall remove the vehicle from service and not pick up passengers at Miami International Airport or the Port of Miami until the system is re-inspected and found to be functional.

(ii)

No credit card processing fee, convenience fee, equipment rental fee or any other additional fees or charges are to be paid by the passenger when using a credit card to pay the fare. A receipt shall be provided for all trips. All customer receipts shall be generated by a taximeter or other electronic device and shall contain the date and time that the trip starts, the time the trip ends, and total distance traveled. The receipt shall also include the fare charged, the name and telephone number of the passenger service company, the operating permit number, the chauffeur registration number, and the telephone number and e-mail address for filing complaints with the RER. Chauffeurs shall be prohibited from refusing to accept payment by a credit card.

(iii)

Any and all credit card service providers shall utilize a paycard or direct deposit system and establish an account directly with each chauffeur that provides for electronic payments. Payments for taxicab fares shall be credited to a chauffeur's paycard or bank account within two (2) business days. Only credit card processing systems approved by the RER may be utilized in taxicabs. The processing of credit card payments shall comply with the Payment Card Industry Data Security Standard.

(2)

Global Positioning Dispatch System. Ambassador Cabs must be integrated with a global positioning dispatch system capable of determining the location of each taxicab utilizing the system twenty-four (24) hours a day, three hundred sixty-five (365) days a year. All Ambassador Cabs shall have a two-way dispatch system, installed and operating properly. Notwithstanding any provision to the contrary, the requirements of this subsection shall not take effect until twenty-four (24) months after the effective date of this ordinance;

(3)

SunPass Device. Notwithstanding any provision to the contrary, beginning six (6) months after the effective date of this ordinance, any Ambassador Cab that picks up passengers in Miami Dade County shall have and utilize a SunPass device where the toll is fixed. Where the "SunPass Only" or "SunPass Express" toll is not fixed, the chauffeur shall determine whether the passenger desires to use the "SunPass Only" or "SunPass Express" lane and comply with the wishes of the passenger;

(4)

Reserved.

(5)

Reserved.

(6)

Top Lights. Ambassador Cabs shall be equipped with a "vacant" light attached to the top of the roof or to the top of the dome light. Such light unit shall be connected to a contact switch attached to the taximeter, and such contact switch shall operate automatically to illuminate the "vacant" light when the taximeter is not in operation, indicating the cab is vacant and for hire, and to extinguish such light when the taximeter is in operation. No person shall drive or operate any taxicab with such a light illuminated when such taxicab is transporting a passenger. Such top tail light must utilize equipment with the requisite wattage to ensure that the top tail light is visible to passengers and the public from a reasonable distance;

(7)

Vehicle Decal. Ambassador Cab shall have a special "Ambassador Cab" decal designated by the Department displayed on the vehicle. Such decal shall be placed in the manner and place as directed by the Department. Ambassador Cabs shall not be permitted to pick up passengers at either Miami International Airport or the Port of Miami without the required decal;

(8)

Vehicle Age Requirements and Standards. Any Ambassador Cab initially placed into service shall not have been previously used as a taxicab outside of Miami-Dade County, or have a "rebuilt" or "salvage" title, and shall be no greater than ten (10) model years of age. Any vehicle over ten (10) model years of age shall not operate as a taxicab at either Miami International Airport or the Port of Miami.

Notwithstanding any provision to the contrary, any taxicab that is initially placed in service within twelve (12) months of the effective date of this ordinance, may continue to operate until the taxicab has reached ten (10) model years of age. At the expiration of ten (10) model years, each taxicab shall be required to adhere to the vehicle age requirements mandated by this subsection;

(9)

Vehicle Age Requirements and Standards for Wheelchair Accessible Cabs. Any Wheelchair Accessible Ambassador Cab initially placed into service shall not have been previously used as a Wheelchair Accessible Cab, or have a "rebuilt" or "salvage" title and shall be no greater than ten (10) model years of age. Any vehicle over ten (10) model years of age shall not operate as a Wheelchair Accessible Cab at either Miami International Airport or the Port of Miami;

(10)

Compliance with Other Provisions. Ambassador Cabs shall at all times be in compliance with Chapter 31 of the Code of Miami Dade County.

Any Ambassador Cab that is also an alternative fuel vehicle, as defined in section 403.42(2)(b), Florida Statutes, shall have priority access to the Miami International Airport terminal and the Port of Miami terminal to pick up passengers.

Any Ambassador Cab that has met all the requirements of the Ambassador Cab program and is designated as an Ambassador Cab within 180 days after the effective date of this ordinance shall have priority access to the Miami International Airport terminal and the Port of Miami terminal to pick up passengers until all provisions of this ordinance are mandated.

The County Commission shall, as deemed appropriate, adopt within twelve (12) months of the effective date of this ordinance a fare increase pursuant to the provisions of section 31-87 in light of the additional technology requirements mandated by subsection 31-93(b).

(c)

Underserved taxicab service area.

(1)

An underserved taxicab service area is hereby established. For purposes of this subsection, an "underserved taxicab service area" means the economically disadvantaged area in Miami-Dade County that is bounded as follows:

1.

On the north by a line commencing at N.W. 47 ^th Avenue and N.W. 215 ^th Street running east to N.E. 2 ^nd Avenue;

2.

On the east by a line commencing at N.W. 215 ^th Street and running north to south along N.E. 2 ^nd Avenue to N.W. 7 ^th Street;

3.

On the south by a line commencing at N.E. 2 ^nd Avenue and running west along 7 ^th Street to N.W. 42 ^nd Avenue; and

4.

On the west by a line commencing at N.W. 7 ^th Street and N.W. 42 ^nd Avenue north to N.W. 119 ^th Street, west along N.W. 119 ^th Street to N.W. 47 ^th Avenue, north along 47 ^th Avenue to N.W. 135 ^th Street, west along 135 ^th Street to N.W. 57 ^th Avenue, north along 57 ^th Avenue to N.W. 167 ^th Street, east along N.W. 167 ^th Street to N.W. 47 ^th Avenue, north along 47 ^th Avenue to N.W. 215 ^th Street.

For purposes of this subsection, an "underserved area taxicab" means a taxicab where: (a) the for-hire license holder has entered into a passenger service company agreement with a passenger service company that has its principal place of business within the underserved taxicab service area; (b) an average minimum of seventy-five (75) percent of all pickups by the taxicab during each twenty-four hour period originate in the underserved taxicab service area; and (c) the for-hire license holder has applied for and been designated by the Director of RER as an underserved area taxicab. Any for-hire license holder who seeks to be designated as an underserved area taxicab shall complete and submit a form provided by RER documenting compliance with the provisions of this subsection for the three-month period preceding submission of the application. Each for-hire license holder authorized to operate as an underserved area taxicab shall on a semiannual basis submit on a form provided by RER documentation demonstrating continuing compliance with the requirements of this subsection. Failure of the underserved area taxicab for-hire license holder to comply with any of the provisions of this subsection shall result in the suspension or revocation of authorization to operate as an underserved area taxicab. All taxicabs operated pursuant to this subsection that were, as of March 14, 2007, equipped with a properly installed and operating two-way dispatch system shall continue to utilize and maintain the two-way dispatch system which shall be operated twenty-four hours a day.

(2)

Underserved area for-hire taxicab licenses shall be issued through a separate lottery pursuant to Section 31-82(o)(3) to qualified chauffeurs who satisfy the criteria of Section 31-82(q) and enter into a binding agreement with the County that contains, among others, the following provisions: (i) the chauffeur is restricted to picking up passengers in an underserved taxicab service area only; and (ii) the chauffeur shall enter into a passenger service company agreement with a passenger service company which has its principal place of business in an underserved taxicab service area. The price for an underserved taxicab area for-hire license issued pursuant to a lottery shall be fifteen thousand dollars ($15,000.00).

(3)

Notwithstanding any provision to the contrary, all underserved area taxicab for-hire licenses issued by the County shall be allowed to operate countywide after the effective date of this ordinance and shall be subject to all of the requirements of this article.

(d)

South Miami-Dade taxicab service area. A South Miami-Dade taxicab service area is hereby established. For purposes of this subsection, the South Miami-Dade taxicab service area means the area located south of S.W. 88 Street. South Miami-Dade taxicab service area for-hire taxicab licenses shall be issued through a separate lottery, pursuant to Section 31-82(o)(2), to qualified chauffeurs who satisfy the criteria of Section 31-82(q) and enter into a binding agreement with the County that the chauffeur is restricted to picking up passengers in the South Miami-Dade taxicab service area only. The price for a South Miami-Dade taxicab service area for-hire license issued pursuant to a lottery shall be fifteen thousand dollars ($15,000.00). All taxicabs operated pursuant to this subsection that were, as of March 14, 2007, equipped with a properly installed and operating two-way dispatch system shall continue to utilize and maintain the two-way dispatch system which shall be operated twenty-four (24) hours a day. Notwithstanding any provision to the contrary, all South Miami-Dade area taxicab for-hire licenses issued by the County shall be allowed to operate countywide after the effective date of this ordinance and shall be subject to all of the requirements of this article.

(e)

Notwithstanding the vehicle age limits required by Sections 31-82(1)(4), 31-89(f) and 31-93(c)(3) of the Code, any properly permitted and inspected taxicab scheduled for retirement on December 31, 2012 shall be allowed to be operated for an additional one-year period. Notwithstanding the vehicle age limits required by Sections 31-82(1)(4), 31-89(f) and 31-93(c)(3) of the Code, any properly permitted and inspected model year 2005 taxicab scheduled for retirement on December 31, 2013 shall be allowed to be operated until June 30, 2014. Notwithstanding the vehicle age limits required by Sections 31-82(1)(4), 31-89(f), 31-93(b)(8)-(9) and 31-93(c)(3) of the Code, any properly permitted and inspected taxicab scheduled for retirement on December 31, 2015 shall be allowed to be operated until December 31, 2017.

(f)

In lieu of obtaining a chauffeur's registration pursuant to Article V of this Chapter, a for-hire taxicab license holder or passenger service company shall have the option to authorize a person to operate a taxicab as a certified driver upon the streets of Miami-Dade County only upon certification by the for-hire taxicab license holder or passenger service company that the individual has met the requirements of Section 31-303, with the exception of specified courses, and oral, written and physical examinations required by Article V, after the for-hire taxicab license holder or passenger service company has conducted a local, state, and national criminal background check through a Department approved agency. The background check shall include a social security trace and a review of all criminal records in all Florida counties in which the background check conducted in accordance with Section 31-303 of Article V, Chapter 31 of the Miami-Dade County Code reveals that the individual has ever committed a crime, as well as a review of all criminal records in any county where the individual has resided in the last seven (7) years. The background check shall include federal court records through the Public Access to Court Electronic Records ("PACER") system, NATCRIM or similar multistate and multijurisdictional criminal databases, state and national sex offender databases, and driving history research report.

1.

In order to be authorized by a for-hire taxicab license holder or passenger service company, an individual shall submit an application to the for-hire taxicab license holder or passenger service company that includes, at minimum, information regarding his or her address, age, driver license and driving history.

2.

In addition to screening a prospective driver in accordance with the criteria set forth in this article, a for-hire taxicab license holder or passenger service company may not authorize an individual to operate if the background check required under this section reveals that the individual has been convicted, within the last three (3) years, of more than three (3) moving violations or driving on a suspended, revoked, or invalid license.

3.

Prior to authorizing any individual to operate pursuant to this provision, a for-hire taxicab license holder or passenger service company shall issue to that individual a credential, which provides the name of the authorized driver, the date the credential was issued, the date that the credential will expire and a photograph of the authorized driver.

4.

An authorization or credential issued pursuant to this section shall be valid for no more than one (1) year.

5.

At all times when operating a taxicab, an authorized driver shall display in such vehicle the credential issued by the for-hire taxicab license holder or passenger service company and make this credential available for inspection by RER or any code enforcement officer at all times while operating a taxicab.

6.

Upon receipt of information that an individual no longer meets the requirements of Section 31-303 of Article V, Chapter 31 of the Code of Miami-Dade County, the for-hire taxicab license holder or passenger service company shall immediately revoke the credential issued to the driver and notify the individual that he or she is no longer authorized to operate a taxicab.

7.

It shall be unlawful for a for-hire taxicab license holder or passenger service company to authorize a person to drive on the streets of Miami-Dade County or issue a credential to any individual who does not meet the requirements of this section.

8.

A for-hire taxicab license holder or passenger service company may not authorize any individual pursuant to this article who has been denied a chauffeur's registration by the Department within one (1) year of the date of denial.

9.

A certified driver shall comply with all requirements applicable to chauffeurs and shall be subject to all of the penalties provided for in this article and in Section 8CC-10.

10.

A for-hire taxicab license holder or passenger service company that certifies its drivers pursuant to this section shall notify RER promptly if it begins using a multistate or multijurisdictional database that is different than the database it utilized when it began certifying drivers. If RER determines that the new database does not comply with this article, the for-hire taxicab license holder or passenger service company shall, upon notice, immediately cease using that database to authorize drivers and may only resume authorizing drivers if it utilizes the database that it used when it obtained a license or obtains the RER's approval to use a new database.

(g)

In lieu of obtaining an operating permit and vehicle inspection decal issued by RER, a for-hire taxicab license holder or passenger service company shall have the option to certify that such vehicle complies with the requirements of Section 31-89 of this Chapter. Before any vehicle may be operated under the authority of such for-hire taxicab license, the for-hire taxicab license holder or passenger service company shall ensure that each such vehicle has a safety inspection conducted by an American Advanced Technicians Institute ("AATI") or National Institute for Automotive Service Excellence ("ASE") certified master mechanic or automobile technician at a licensed or state-registered auto repair shop and that proof of inspection for each such vehicle, in the form required by RER, has been submitted to the for-hire taxicab license holder or passenger service company and is available for inspection.

1.

The for-hire taxicab license holder or passenger service company shall maintain records of all vehicle inspections for at least three years and provide proof of such inspections upon request by RER or any code enforcement officer.

2.

Upon request by RER or any individual authorized by the Director, a chauffeur shall provide documentation demonstrating that the taxicab has been inspected pursuant to Section 31-89.

3.

It shall be unlawful for a for-hire taxicab license holder or passenger service company to permit or to allow a vehicle to operate on the streets of Miami-Dade County which has not been certified in accordance with the provisions of this article.

4.

Any mechanic or technician who provides false information on an inspection form required pursuant to this section shall not be allowed to certify additional taxicab vehicles to be operated in Miami-Dade County. A passenger service company or for-hire license holder, where applicable, that fails or does not follow the requirements of this section is subject to revocation or suspension of its license pursuant to Section 31-91. RER shall periodically distribute its list of prohibited mechanics to all passenger service companies and for-hire license holders. Any inspection conducted by a prohibited mechanic shall be deemed invalid.

(h)

If a passenger service company or for-hire license holder elects to self-certify vehicles and/or drivers, the passenger service company or for-hire license holder shall notify RER in writing prior to certifying vehicles and/or drivers.

(Ord. No. 81-85, § 3, 7-21-81; Ord. No. 81-116, § 1, 10-26-81; Ord. No. 83-2, § 1, 1-18-83; Ord. No. 84-17, § 1, 2-2-84; Ord. No. 85-40, § 2, 6-6-85; Ord. No. 88-70, § 1, 7-19-88; Ord. No. 88-118, § 2, 12-6-88; Ord. No. 90-7, § 1, 2-6-90; Ord. No. 98-105, § 1, 7-9-98; Ord. No. 99-71, § 1, 6-22-99; Ord. No. 01-177, § 1, 10-23-01; Ord. No. 04-103, § 1, 5-11-04; Ord. No. 07-60, § 1, 4-24-07; Ord. No. 11-11, § 1, 3-1-11; Ord. No. 11-102, § 1, 12-19-11; Ord. No. 12-65, § 1, 9-6-12; Ord. No. 12-68, § 1, 9-6-12; Ord. No. 14-09, § 1, 1-29-14; Ord. No. 14-11, § 1, 1-29-14; Ord. No. 16-18, § 1, 2-2-16; Ord. No. 16-43, § 1, 5-3-16; Ord. No. 16-121, § 1, 11-1-16)