§ 31-613. 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 All municipal ordinances or resolutions to the contrary are hereby superseded and rescinded.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)

Notwithstanding anything to the contrary in this article, a stretch limousine license holder that has, as of October 1, 2003, been issued a current and valid permit to operate a vehicle that has been categorized by the automobile industry as a sports utility vehicle may continue to operate a sports utility vehicle pursuant to the for-hire license until October 1, 2006 provided that: 1) the stretch limousine license is maintained current and valid; 2) all permits issued pursuant to the for-hire license to operate a sports utility vehicle are continuously operated and maintained current and valid; 3) all sports utility vehicles operated pursuant to the for-hire license meet and comply with all other requirements for a luxury sedan, including, but not limited to, the vehicle standards, vehicle age requirements, inspection frequency and minimum rates for a luxury sedan; and 4) the permit is operated in compliance with the preceding provisions and all requirements of Chapter 31 of the Code. Any change in ownership of the license holder or failure to comply with applicable requirements shall result in automatic revocation of the permit and removal of the sports utility vehicle from service under the stretch for-hire limousine license. A for-hire license holder operating a sports utility vehicle pursuant to this subsection (b) shall not at any time operate any more sports utility vehicles than the number authorized as of October 1, 2003.

(c)

Temporary limousine licenses. Notwithstanding any other provision of this chapter, the County Mayor may prescribe rules and regulations for the approval and issuance of temporary limousine licenses for Super Bowls, summits, political conventions and other major special events of national or international significance, such as nationally televised awards shows, where the event's organizers can demonstrate that the existing supply of limousines is not adequate to meet the needs of the event.

(d)

Notwithstanding the vehicle age limits required by Section 31-609(b) of the Code, any properly permitted and inspected luxury limousine sedan, stretch limousine, or super-stretch limousine scheduled for retirement on December 31, 2012, shall be allowed to be operated for an additional one-year period.

(e)

Driver Certification. In lieu of obtaining a chauffeur's registration pursuant to Article VI of this Chapter, a limousine license holder shall have the option to authorize a person to operate a limousine upon the streets of Miami-Dade County only upon certification by the limousine license holder that the individual has met the requirements of this Chapter, with the exception of specified courses, and oral, written, and physical examinations otherwise required and after the limousine license holder has conducted or caused to be conducted a local, state, and national criminal background check through a Department-approved agency. The background check shall include a social security trace, a review of all criminal records in all Florida counties in which the background check conducted in accordance with this Chapter 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. Any search conducted pursuant to this section shall include a review of 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 as a certified driver, an individual shall submit an application to the limousine license holder that includes, at minimum, information regarding his or her address, age, driver's license and driving history.

(2)

In addition to screening a prospective driver in accordance with the criteria set forth in Article V, a limousine license holder 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 limousine license holder shall issue to that individual a credential, which provides the name of the certified driver, the date the credential was issued, the date that the credential will expire and a photograph of the certified driver.

(4)

A driver certification credential issued pursuant to this section shall be valid for no more than one (1) year.

(5)

At all times when operating a limousine, a certified driver shall display in such vehicle the driver certification credential issued by the limousine license holder and make this credential available for inspection by RER or any code enforcement officer at all times while operating a limousine.

(6)

Upon receipt of information that an individual no longer meets the requirements of this Chapter, the limousine license holder shall immediately revoke the credential issued to the driver and notify the individual that he or she is no longer authorized to operate a limousine.

(7)

It shall be unlawful for a limousine license holder 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 limousine license holder may not authorize any individual pursuant to this article who was 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 limousine license holder 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 obtained a license. If RER determines that the new database does not comply with this article the for-hire limousine license holder 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.

(f)

Vehicle Certification. In lieu of obtaining a vehicle inspection decal issued by RER after passing the required vehicle inspection at RER's inspection facility, a limousine license holder shall have the option to certify that such vehicles comply with the requirements of this article. Before any vehicle may be operated under the authority of such limousine license and issued a vehicle operating permit by RER, the limousine license holder 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 limousine license holder and is available for inspection with the limousine license holder and in the vehicle.

(1)

The limousine 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 other person authorized by the Director, a chauffeur or certified driver shall provide documentation demonstrating that the limousine has been inspected pursuant to Section 31-609.

(3)

It shall be unlawful for a limousine license holder 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 limousines, taxicabs, or other for-hire vehicles to be operated in Miami-Dade County. A limousine 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 31-611. RER shall periodically distribute its list of prohibited mechanics to all passenger service companies and limousine license holders. Any inspection conducted by a prohibited mechanic shall be deemed invalid.

(g)

If a limousine license holder elects to self-certify vehicles or drivers, the limousine license holder shall notify RER in writing prior to certifying vehicles or drivers.

(h)

Notwithstanding anything to the contrary in Article V, Section 31-307, a chauffeur shall not be required to pick up passengers through a person located at the limousine license holder's place of business.

(Ord. No. 00-139, § 1, 11-14-00; Ord. No. 03-266, § 1, 12-8-03; Ord. No. 06-112, § 1, 7-6-06; Ord. No. 09-58, § 1, 6-30-09; Ord. No. 11-11, § 1, 3-1-11; Ord. No. 11-102, § 1, 12-19-11; Ord. No. 12-66, § 1, 9-6-12; Ord. No. 16-44, § 1, 5-3-16)