HomeMy WebLinkAboutBack-Up DocumentsINTERLOCAL AGREEMENT
4"
This Interlocal Agreement is entered into this day of o 6r t / 2q [
by and between Miami -Dade County, a political subdivision of the State of Florida
(hereinafter referred to as the "County"), and City of Miami, a municipality
within Miami -Dade County, Florida (hereinafter referred to as the "City");
WITN'ESSETH
WHEREAS, by Ordinance Number 94-38, Miami -Dade County extended to all
- municipalities within Miami -Dade County recourse to the civil violation enforcement
process contained within Section 8CC of the Code of Miarni-Dade County, Florida; and
WHEREAS, that ordinance requires as a condition precedent to allowing such
access that the City and the County enter into a mutually satisfactory interlocal
agreement outlining, among other things, their relative rights and responsibilities in
connection with such enforcement and related hearing process; and
WHEREAS, the City and the County wish to participate in this process subject to
the terms and conditions of this Interlocal Agreement rnore particularly set forth below;
NOW THEREFORE the parties hereto agree as follows;
APR 2 5 2017
E
I. CITY AND COUNTY RESPONSIBILITIES
1. The City shall enforce the applicable provisions of the Code of Miami -Dade
County set forth in Exhibit A by operation of this Interlocal Agreement.
2. Attached hereto as Exhibit B is a true and correct [ist of all individuals authorized
to perform the enforcement functions contemplated by this Agreement (hereinafter
referred to as the "Police Officer). The title and job description for each such individual
is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit B
current at all times by communicating to the County any and all updates, additions and
subtractions from each list. The City represents and warrants to the County that the
individuals described in Exhibit B are, where required, properly licensed and qualified to
perform the enforcement services contemplated hereunder, and that they are to perform
these services.
The County reserves the right to set minimum education, training, and
background check requirements to be met by Police Officer.
3. The City, through its Police Officers, shall be authorized and required to perform
within the City any and all functions of the Police Officer set forth in Section 8CC of the
Code of Miami -Dade County, a copy of which is attached hereto as Exhibit C and
incorporated herein by this reference, as the same may be amended from time to time,
including but not limited to Issuing civil violation notices, serving, posting and otherwise
notifying the alleged violator, and appearing and testifying at any and all administrative
and other hearings related to an appeal of the violation.
2
4. The City shall maintain any and all records of violation and notice, and all
required documentation required to uphold the findings of the Police Officer, including
but not limited to reports, photographs, and other substantial competent evidence to be
utilized at any administrative or other hearing challenging the actions of the Police
Officers. Such records and other documentation shall be compiled and maintained so
that such records may be quickly referred to in connection with any such hearing.
5. The City shall provide such clerical and administrative personnel as may be
required for the performance of any of the functions of the City as set forth in this
Interlocal Agreement.
6. The City shall defend its own citations in any and all administrative hearings
relating to those citations, and in any and all actions in court relating to such citations,
including all appeals of administrative hearings, and shall provide its oven counsel, at
City's cost, to represent the City in all proceedings. The City shall be responsible for
paying for any and all costs of transcription which it incurs, in connection with any and
all such hearings.
7. The County shall provide 'hearing officers, hearing rooms, and such other clerical
and administrative personnel as may be reasonably required by each hearing officer for
the proper performance of his or her duties.
S. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade
County (the "Order"). The City agrees to be bound to the full extent as required of a
Department in the Order, except it shall only be authorized to enforce those provisions
of the Code set forth in Section 1 of this lnterlocal Agreement. The reference to the
3
County Attorney contained in Section 6 of the Department's Responsibilities shall be
understood to refer to the City Attorney for purposes of this Interlocal Agreement.
9. After deduction of actual administrative costs and expenses, as defined in the
Order, the County Clerk, with the concurrence of the Miami -Dade County Office of
Management and Budget, shall annually return to the City, the remainders of retained
original fines, in the same fashion as these fines are returned to a non -general fund
issuing department of the County.
10. The County shall be entitled to audit any and all records of the City maintained in
connection with this Interlocal Agreement.
11. Either party may terminate this Agreement in the event that the other party
commits a material breach.
12. This Interlocal Agreement shall be in effect for a period of one year following its
date of execution and shall be automatically renewed for two successive periods of one
year each, unless 60 days prior to its term, or extended term, either party signifies to the
other its intent not to renew this agreement. This agreement shall not be extended
beyond the term of three years.
13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the
City shall indemnify and save the County harmless from and against any and all liability,
actions and causes of action relating to the municipality's enforcement of the provisions
of Chapter 8CC.
14. This agreement may only be amended in writing, through a document executed
by duly authorized representatives of the signatories to this agreement.
S
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their names by their duly authorized officers and the corporate seals the
day and year first above written.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Assistant County Attorney
APPROVED AS TO FORM
AND LEGAL3,SUI=FICIENCY
Victor a Men"
City AUa ney
Ann- arie S 4rpe,Xrent
irector
/Risk anaa
MIAMI-DADE COUNTY, a
political subdivision of the
State of FlOr
By:
County Mayor
ATTEST:
Harvjey'Ruvin, Clerk
As Deputy Clerk
City of Miami, a political
subdivision of the State of Florida
An
By:
Daniel J lfon
City Manag r
ATTEST:
Todd B. Hannon
City Clerk
- City of Miami
.�'`i o� •f,, City Hsli
3500 Pan American Drive
Legislation Miami, FL 33133
�. www,miamigov.com
Resolution: R-16-0510
File Number: 1104 Final Action Date: 10127/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR A PERIOD OF ONE (1)
YEAR, WITH AUTOMATIC RENEWAL FOR TWO (2) SUCCESSIVE ONE (1)
YEAR PERIODS, FOR THE PURPOSE OF PARTICIPATING IN THE
ENFORCEMENT OF FOR -HIRE TRANSPORTATION REGULATIONS OF
CHAPTERS 4 AND 31 OF THE CODE OF MIAMI-DADE COUNTY.
WHEREAS, on August 22, 2013, the City of Miami ("City") and Miami -Dade County
("County") entered into a three (3) year Interlocal Agreement, which authorized the City to
enforce the for -hire transportation regulations codified in the Code of Miami -Dade County; and
WHEREAS, said Interlocal Agreement has terminated; and
WHEREAS, the City desires to continue participating in the enforcement of for -hire
transportation regulations, via a renewed Interlocal Agreement that authorizes the City to
enforce specific sections of Chapters 4 and 31 of the Code of Miami -Dade County,. Florida, as
amended, which encompasses taxicabs, limousines, passenger motor carriers, chauffeurs,
special transportation service, transportation network entities, and private school buses;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section,
Section 2. The City Manager is hereby authorized('] to execute an Interlocal Agreement,
in substantially the attached form, between the City and County, for a period of one (1) year with
automatic renewal for two (2) successive one (1) year periods, for the purpose of participating in
the enforcement of for -hire transportation regulations of Chapter 4 and 31 of the Code of Miami -
Dade County.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.121
0] The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions,
121 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 1 of 2 File ID: 1104 (Revision:) Printed On: 71112021
File ID: 1104 Enactment Number: R-16-0510
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria F dez, C ity Attor iey 10/18/2016
City of Miami Page 2 of 2 File ID: 1104 (Revision:) Printed on: 71112021
Exhibit A
Chapter 4, Pertaining to Ambulances and Non -
Emergency Vehicles.
Chapter 31, Article I though VI, Pertaining to
Taxicabs, Limousines, Passenger Motor Carriers,
Chauffeurs, and Special Transportation Service.
Section 30-371 to 372 pertaining to Private School
Buses.
These provisions are available at:
www.municode.com
Copies to be provided with final document.
711/2021 Miami - Dade County, FL Code of Ordinances
Chapter 4-AMBULANCES AND MEDICAL TRANSPORTATION VEHICLES
Footnotes:
--- (1) ---
Editor's note— At the editor's discretion, the title of Ch. 4 has been expanded to facilitate the incorporation of Ord. No. 80-145 as Art. 111 of Ch.
4. Ch. 4 consisted of Arts. l and 11, pertaining to ambulances in general and certificates of public convenience and necessity for ambulances. As
pages are necessarily pulled, the word "chapter" will be corrected, when necessary, to reflect the addition of Art. 111.
Annotation—CAO 82-1.
Gross reference— False alarms and reports relating to ambulance assistance, § 21-24; traffic and motor vehicles, Ch. 30; vehicles for hire, Ch.
31.
State Law reference— Medical transportation services, F.S. § 401.211 at seq.
ARTICLE I. - IN GENERAL
Footnotes:
--- (2) ---
Editor's note— Ord. No. 94-93, § 1, adopted May 17, 1994, repeated former Art. 1, §§ 4-1, 4-1.1, 4-2, 4-4-4-7, 4-11-4-14.1, 4-16, 4-17,
relative to general provisions regarding ambulances and medical transportation vehicles, and § 2 of said ordinance enacted a new Art, 1 to read
as herein set out. The provisions of former Art. l derived from Ord. No. 61-9, adopted Feb. 28, 1961; Ord. No. 62-20, adopted May 15, 1962;
Ord. No. 72.35, adopted June 20, 1973; and Ord. No. 73-85, adopted Sept. 18, 1993. See also the editor's note to Art. 1l of this chapter,
Sec. 4-1. - Legislative intent.
It is the intent of the Commission to promote the health, safety and welfare of the county, its citizens, residents and
visitors, by providing for the reasonable uniform regulation of ambulance services thereby promoting the development and
maintenance of a safe, healthy, efficient and service -oriented ambulance service for Miami -Dade County. In addition, it is
the intent that only governmental fire rescue entities shall be authorized to perform as the first responder within the
territorial limits or airspace of Miami -Dade County, except as provided otherwise in a countywide emergency and non -
emergency ambulance service and non -emergency medical transportation vehicle service contract between one or more
private ambulance providers and Miami -Dade County, or in a contract in existence as of january 1, 2000 between a
municipality and an ambulance service. It is also the intent that private ambulance providers shall be only authorized to
perform interfacility transfers within the territorial limits or airspace of Miami -Dade County, except as provided otherwise in
this section.
(Ord. No, 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec. 4-2. - Definitions.
For the purposes of this article, the following definitions shall apply:
(a) Active ambulance vehicle means any private or publicly owned land or water vehicle that is designated as
such by the certificate holder and authorized by the County as a permanent in-service vehicle.
(b) Advanced life support means treatment of life -threatening medical emergencies through the use of
techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry,
cardiac monitoring, and cardiac defibrillation by a qualified person or such other techniques as may be
authorized by federal, state or local laws or regulations, as same may be amended from time to time where
applicable.
1130
7/112021
Miami - Dade County, FL Code of Ordinances
(c) Air ambulance means any fixed wing or rotary wing aircraft used for, or intended to be used for, air transportati
or injured persons requiring or likely to require medical attention during transport as maybe authorized by fed
or local laws or regulations, as same may be amended from time to time where applicable.
(d) Ambulance or emergency medical services vehicle means any privately or publicly owned land or water
vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for,
or intended to be used for, land or water transportation of sick or injured persons requiring or likely to
require medical attention during transport as may be authorized by federal, state or local laws or regulations,
as same may be amended from time to time where applicable.
(e) Ambulance service means any service whereby a private, public or governmental entity offers to provide or
provides, for compensation or as a courtesy, basic life support or advanced life support to sick or injured
persons being transported from one location to another upon the streets of Miami -Dade County or in the
airspace above Miami -Dade County.
(f) Application means the form prepared by the county submitted complete with all required documentation
and the appropriate fee..
(g) Article means Article I of the Code of Miami -Dade County, Florida, and any rules, regulations and standards
promulgated pursuant to this article,
(h) Basic life supportmeans treatment of medical emergencies by a qualified person through the use of
techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance,
bandaging, administration of oxygen, application of medical antishock trousers, administration of a
subcutaneous injection using a premeasured auto injector of epinephrine to a person suffering an
anaphylactic reaction, other techniques described in the Emergency Medical Technician Basic Training Course
Curriculum of the United States Department of Transportation and such other techniques as may be
authorized by federal, state or local laws or regulations, as same may be amended from time to time where
applicable.
(1) Certificate means a certificate of public convenience and necessity issued in accordance with the provisions
of this article.
0) Certificate holder or holder means any person or entity who has been issued a certificate of public
convenience and necessity in accordance with the provisions of this article.
(k) Commission means the Miami -Dade County Board of County Commissioners.
(1) County means Miami -Dade County, Florida.
(m) County Manager or manager means the County Manager or his or her designee. The County Manager may
designate one or more persons or county departments to administer the various provisions of this article.
(n) First respondermeans any of the governmental entity fire rescue certificate holders who render all initial on -
scene advanced life support or basic life support medical care to ill or injured persons including the
appropriate transportation of such persons within the territorial limits or airspace of Miami -Dade County,
except as provided otherwise in a countywide emergency and non -emergency ambulance service and nor -
emergency medical transportation vehicle service contract between one or more private ambulance
providers and Miami -Dade County, or in a contract in existence as of January 1, 2000 between a municipality
and an ambulance service.
(o) Intra-county means receiving and delivering patients all within Miami -Dade County.
(p) Person means any natural person(s), firm, partnership, association, corporation, government or other
business entity,
2130
7/1/2021 Miami - Dade County, FL Code of Ordinances
(q) Public interest means a determination based on the following criteria: that benefits of the ambulance services o
to the community, and meet the needs of the public who utilizes ambulance services, consistent with the legisla
contained in this article.
(r) Reserve or spare ambulance vehicle means any privately or publicly owned land or water vehicle that is
designated as such by the certificate holder and authorized by the County as a temporary replacement for an
active vehicle which is taken out of service due to repairs or routine maintenance.
(s) Response time means the interval of time between the moment the certificate holder's dispatch center
receives a call requesting a response to the moment the certificate holder's ambulance vehicle arrives at the
requested location of the pickup. Response time for scheduled or prearranged transports shall mean the
interval of time between such scheduled or prearranged pickup time and the moment the certificate holder's
ambulance vehicle arrives at the requested location of the pickup. Types of requests for responses include
the following:
(i) Will Ca[I—Requests for transports as soon as possible. Response time is calculated from the time of the
request to the time of arrival at the requested location of the pickup.
(ii) scheduled Transport Requests made twenty-four (24) hours or more in advance of the pickup time.
Response time is calculated from the scheduled pickup time to the time of arrival at the requested
location of the pickup.
([ii) Prearranged —Transport requests made less than twenty-four (24) hours in advance of the pickup time
and, if necessary, the established pickup time may be negotiated between the customer and the provider.
Response time is calculated from the established pickup time to the time of arrival at the requested
location of the pickup.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec. 4-3. - Certificates of public convenience and necessity.
(a) it shall be unlawful for any person, firm, corporation, or other business or governmental entity to provide or
advertise that it provides ambulance service anywhere upon the streets of Miami -Dade County or in the airspace
above Miami -Dade County, without first obtaining a certificate of public convenience and necessity issued in
accordance with this article.
(b) Providers of ambulance service based outside Miami -Dade County shall be exempt from the provisions of this
section, except that any person or entity providing intra-county ambulance service within Miami -Dade County
shall comply with this article.
(c) The following are exempt from the provisions of this article:
(1) Air ambulance providing only inter -county or inter -state transfers.
(2) Any ambulance owned and operated by the Federal Government.
(3) A vehicle operated under the direct supervision of a licensed physician and used to transport patients
entirely within the privately owned and controlled area of Turkey Point Nuclear Power Plant pursuant to an
emergency management plan approved by the Nuclear Regulatory Commission.
(4) Any hospital or other type of medical facility utilizing its own ground vehicles at no fee for service under the
direct supervision of a licensed physician in transporting persons to or from the hospital -operated helipad, or
in transporting non -discharged patients for diagnostic or treatment services from one of the facility's
3130
711/2021 Miami - Dade County, FL Code of Ordinances
corporate -owned buildings to another of the facility's corporate -owned buildings within its own medical
campus. At no time shall such a one-way transport exceed one (1) mile in distance. Such service and vehicles
shall comply with all requirements of Chapter 401, Florida Statutes.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-0 1)
Sec. 4-4. - Initial applications for certificates and applications to increase vehicles.
(a) Every application for a certificate shall be in writing, signed and sworn to by the applicant, and shall be filed with
the county manager. If the applicant is a corporation, the form shall be signed and sworn to by the president or
vice president. The corporate secretary shall attest such signature and affix the corporate seal. If the applicant is
a partnership, the form shall be signed and sworn to by a general partner. The provisions of this section shall,
unless provided otherwise, also apply to governmental entities applying for a certificate. The application shall be
on a form provided by the county and shall contain the following:
(1) Sufficient information to identify the applicant including, but not limited to, full legal name, date of birth,
telephone and address of all officers, resident agents, directors, stockholders and partners, Post office box
addresses will not be accepted. If the applicant is a governmental entity, the name and address of the mayor
and city manager and/or operating department director shall be provided.
(2) The number of active and reserve units that are proposed to be fully equipped and operational each day. The
number of proposed ground units shall include a minimum of five (5) active units available to meet the
demand for services, provided that this requirement shall not apply to governmental entities.
(3) The year, model, type, condition, passenger capacity and mileage of every vehicle or aircraft proposed to be
used by the applicant.
(4) A trade name under which the applicant intends to operate and a description of the proposed vehicle or
aircraft colors or markings.
(5) The applicant's management plan including, but not limited to, provisions for maintenance, systems for
handling complaints and accidents, communication systems and quality assurance programs.
(6) A statement and agreement by private applicants to abide by a self-imposed schedule of benchmark
response times for all types of scheduled and unscheduled transports for the next three (3) years. These
intervals of time shall be reasonably responsive to the expectations of the various types of customers as
determined by the most recent market analysis conducted by the county. The County Manager may by
administrative order establish reasonable response times. Existing certificate holders shall within ninety (90)
days from the date of adoption of this ordinance provide the Manager with a self-imposed schedule of
bench -mark response times for all types of scheduled and unscheduled transports. Each applicant and
existing certificate holder shall abide by the schedule of benchmark response times required herein.
(7) A record of all the private applicant's present and prior ambulance service activities during the preceding five
(5) years. A minimum of five (5) years ambulance experience by the majority owner or general manager shall
be required.
(8) A record of all crimes, excluding traffic, of which the applicant has pled nolo contenders, pled guilty, or of
which the applicant has been found guilty or convicted, whether or not adjudication has been withheld,
within five (5) years preceding the date of the application. The applicant shall have his or her fingerprints and
photograph taken by the Miami -Dade Police Department. This information shall be obtained from all
corporate officers, directors and partners. In the case of a governmental entity, the above information shall
4130
7/1/2021 Miami - Dade County, FL Code of ordinances
be obtained from the operating department director. In the case of corporations, the above information shall
be obtained from stockholders who own, hold or control five (5) percent or more of the corporation's issued
and outstanding stock.
(9) Two (2) credit references, including at least one bank where the private applicant maintains an active account
and a current report of the applicant's credit worthiness mailed to the county directly from Dunn &
Bradstreet or similar credit bureau.
(1 0) An agreement on the part of the applicant to conform to and abide by the provisions of this article, Miami -
Dade County ordinances and the laws of the State of Florida including Chapter 401, Florida Statutes and the
Florida Administrative Code, Chapter 64E-2.
(11) Audited financial statements or signed federal tax returns for the previous three (3) years, pro forma
statements for the first three (3) years of operation, and such other financial information which is available
and satisfactory to the manager. For newly formed corporations, personal audited financial statements or
signed federal tax returns for the previous three (3) years from the principal(s), as defined by the County
Manager, in addition to the pro forma statements. For new operations, such financial documentation shall
include evidence of adequate liquid assets to sustain the operation of the units applied for during an
eighteen (18) month startup period, The provisions of this Section shall not apply to governmental entities.
(12) The location and description of the place from which the service will operate and all sub -stations.
(13) Evidence of insurance coverage for claims arising out of injury, death of a person or damage to property of
others resulting from any cause for which the certificate holder would be liable, as required by this article.
(14) Evidence concerning the private applicant's adherence to rules and regulations:
(i) Identification of all licenses and franchises held during the preceding ten (10) years;
(ii) Disclosure of whether the applicant or the principals of the applicant have ever been investigated by any
government agency and disclosure of the nature of the investigation; and
(iii) Disclosure of whether the applicant or the principals of the applicant have ever had a license or franchise
suspended or revoked.
(15) A sworn statement signed by the applicant that all the information provided in and attached to the
application is true and correct.
(b) Application fees. Each application shall be accompanied by an investigative and processing fee, which shall be
non-refundable, as specified by administrative order.
(c) Countymanager's investigation. The county manager shall review and investigate each application and
accompanying required documents and reject any application that is not filed in accordance with rules.
promulgated by the Manager orthat is incomplete or untrue in whole or in part. Such investigation shall include
a background check including, but not limited to, past business credit or financial standing and law enforcement
records. Upon the proper filing of an application, a notice of each application shall be transmitted to each
municipality and certificate holder. The county manager may require any further investigation, inspection or
additional Information as he or she deems necessary. Application rejection by the Manager may be appealed in
accordance with Section 4-11(c) of the Code.
(d) Certificates for ambulance service. The commission shall schedule public hearings whenever a certificate
application is received from a governmental entity. The Commission may consider and act upon private
applications for certificates of public convenience and necessity where the Commission by a two-thirds ( 2/3 )
vote of the entire membership finds that the public convenience and necessity require the issuance of additional
certificates. The county manager shall provide advance notice, by certified mail, at least ten (10) days before a
5/30
7/1/2021 Miami - Dade County, FL Code of ordinances
scheduled public hearing before the Board, to all applicants, certificate holders and municipalities. After public
hearing the commission may issue or refuse to issue the certificate as applied for, or may issue a certificate with
such modifications or upon such terms and conditions as the public convenience and necessity may require. In
reaching its determination, the commission shall consider the application, the county manager's report and
recommendation, all matters presented at the public hearing and the following criteria;
(1) The financial ability of the private applicant to provide the proposed services based on, at a minimum, the
following criteria:
a. Audited financial statements or federal tax returns or, for newly formed corporations, personal audited
financial statements from the principal(s), as defined by the County Manager;
b. Pro forma statements;
c. Credit and bank references, and a current official credit report;
d. Disclosure of any and all pending liabilities; and
e. Evidence of adequate liquid assets to sustain a new operation during an eighteen (18) month start-up
period.
(2) The adequacy of the management plan of the applicant.
(3) Any recommendations received from municipalities.
(4) The benefits that will accrue to the public interest from the proposed service,
(5) The community's need for the proposed private service. The applicant shall bear the burden of proving there
is such a need by providing verifiable documents and evidence. In addition, the county shall conduct the
following analysis:.
a. Response time analysis of existing private providers for the previous three (3) years as compared with the
benchmark response times as stated in each provider's most recent certificate application.
b. Quality of existing service as determined by the results of the comprehensive market survey conducted
during the year preceding the term for certificate renewal and acceptance of new applications.
(6) Except as provided herein, no additional private certificates for new ambulance service may be authorized
unless the commission by a two-thirds ( 2/3 ) vote of the entire membership finds that the public convenience
and necessity require the issuance of additional certificates. Applications on file as of June 1, 2000 shall be
submitted to the Board upon a determination that the applications are complete. Each private certificate
issued pursuant to an application and the provisions of this Section shall, if approved, initially authorize the
use of up to a maximum of ten (10) active vehicles, and a number of reserve units as provided in Section 4-
S(1). Existing certificate holders whose applications to increase the number of authorized vehicles were on
file as ofJune 1, 2000 shall be eligible forthe issuance of an amended certificate as provided in this Section.
The amended certificate may authorize up to a maximum of ten (10) additional active vehicles, and a number
of reserve units as provided in Section 4-8(1). Applications on file as of June 1, 2000 to provide new air
ambulance service shall be submitted to the Board upon a determination that the applications are complete.
The approval of applications on file prior to June 1, 2000 shall require a majority vote of members present.
Applicants who have filed applications as of June 1, 2000 shall be required to supplement their applications
with the information required in Section 4-4(a). No additional private certificates for new ambulance service
shall be considered by the Commission until after the Commission acts upon application(s) for the issuance
of one (1) small business enterprise ambulance certificate as provided for in Section 4-4(d)(8), In the event no
s/3o
7/1/2021 Miami - Dade County, FL Code of Ordinances
small business enterprise ambulance certificate is applied for within the required time period, the
Commission may consider applications on file as of June 1, 2000 in accordance with the provisions of this
Section as soon as practicable.
(7) Except as provided in Section 4-5, certificates shall be issued for a term of three (3) years. The certificate
issued hereunder shall specify the number of active and reserve vehicles that may be permitted pursuant to
Section 4-8(d).
(8) Small business enterprise ambulance certificate program. Notwithstanding any provision to the contrary, one
(1) additional certificate of public convenience and necessity for up to ten (10) active vehicles, and a number
of reserve units as provided in Section 4-80) may by majority vote be authorized by the Commission in
accordance with the following procedures. Applications for the small business enterprise certificate shall be
filed no later than thirty (30) days from the date of enactment of this ordinance. No later than one hundred
twenty (120) days after the effective date of this ordinance the Commission shall schedule a public hearing
and consider applications for the issuance of a small business enterprise ambulance certificate as provided
herein. In reaching its determination, the Commission shall consider the County Manager's report and
recommendation, each application, all matters presented at the public hearing and the criteria stated in
Section 4-4(d). The County Manager's report and recommendation shall, among other things, recommend
which one of the applicants should be issued a small business enterprise ambulance certificate of public
convenience and necessity. An applicant shall be eligible for a small business enterprise ambulance
certificate if he/she/it:
a) Qualifies as a small business. As used herein, a small business shall mean an enterprise which has an
actual place of business in Miami -Dade County and whose average annual gross revenue for the last
three (3) years did not exceed three and a half million dollars ($3,500,000.00) and/or is a medically -related
enterprise which has an actual place of business in Miami -Dade County and has less than twenty (20)
employees. A firm's eligibility to apply as a small business shall be based on the cumulative gross
revenues and/or cumulative number of employees of the applicant firm in combination with that of all of
the firm's affiliates. Representations as to gross revenues and number of employees shall be subject to
audit by the County;
b) Agrees to locate the entity providing ambulance service in an economically disadvantaged area
designated as a state or federal enterprise zone within one (1) year of the issuance of a small business
enterprise ambulance certificate of public convenience and necessity; and
c) Satisfies the additional requirements provided for in this section.
An applicant shall not be eligible for a small business enterprise ambulance certificate if any employee,
principal, shareholder or director of the applicant, is, or was during the one (1) year period prior to the
adoption of this ordinance, a principal, shareholder or director of any entity that is authorized by any
governmental entity to operate ten (10) or more ambulance units. A small business enterprise ambulance
certificate issued pursuantto this Section shall not be assigned, sold ortransferred during the five-year
period following the issuance of said certificate.
(e) Requirements forissuance ofnew certificate. After commission approval, the manager shall thereafter issue a
certificate provided thatthe applicant has complied with the requirements of this article and presents proof of
approval by the appropriate state agency or agencies, including a list of all drivers, emergency medical
technicians, and paramedics and a list of all permitted vehicles. No certificate shall be issued unless the applicant
has presented proof of insurance, as required by this article, and paid a certificate issuance fee, as specified by
Section 4-5, and passed the required inspections as provided in Florida Statutes, Chapter 401, including an
7/30
71112021
Miami - Dade County, FL Code of Ordinances
annual County inspection of private vehicles and paid a County annual private permit fee for each active and
reserve vehicle to be operated. If the applicant fails to comply with the requirements of this subsection within
one hundred twenty (120) days after notification of commission approval, such approval shall be automatically
revoked and no certificate shall be issued, provided that the county manager may extend such period if good
cause be shown, provided the total time period shall not exceed one hundred eighty (180) days. Notwithstanding
the foregoing, a certificate holder may elect to phase in the operation of the total number of authorized vehicles
approved by the Board. At no time shall a certificate holder operate less than five (5) active units. If a certificate
holder elects to phase into operation the number of units approved by the Board, the certificate holder is
required to have vehicle permits issued by the County on all of the Board -approved active and reserve units, on
or before two (2) years following the date of approval of the certificate. Failure to comply with this provision shall
cause the certificate to be amended and reissued reflecting the actual number of operational units on such date,
(f) Certificate forms. Each certificate shall contain, at a minimum: the name and address of the applicant; the
maximum number of active ambulances authorized to operate, the maximum number of reserve vehicles
permitted to serve as temporary replacement units for active vehicles, the date on which the private certificate
expires and such additional terms, conditions, provisions and limitations as were authorized in the approval
process.
(g) Assignment, sale or transfer of certificate. No certificate issued under this article shall be sold, assigned or
transferred or the ownership structure of the certificate holder changed or altered so as to result in a change or
the possibility of a change in the control of said certificate to another until such transaction or change in control
has been approved by the commission in the same manner and subject to the same application, investigation,
fees and public hearing as original applications for certificates. Any transfer of shares of stock or interest of any
person or certificate holder so as to cause a change in the directors, officers, or managers of such person or
certificate holder shall be deemed a transfer or assignment as contemplated in this section and subject to the
same rules and regulations as any other transfer or assignment. Upon approval by the Board of a transaction, a
new certificate shall be issued. At such time, the original certificate shall become invalid. The provisions of this
section shall not apply to transfers from one (1) governmental entity to another governmental entity.
(h) Applications to increase vehicles. Following a minimum of six (6) months in operation, a private certificate holder
may submit an application to request an increase in the number of authorized active ground vehicles. No
increase shall be authorized unless the certificate holder submits verifiable documentation which demonstrates
that the certificate holder's trips -to -car ratio is equivalent to or exceeds five (5) trips per active vehicle, per
average weekday for the sixty (60) consecutive weekdays (Monday through Friday) preceding the date of
application. The 5:1 trips -to -car ratio shall be calculated as follows: total number of trips where a patient is
transported for the sixty (60) weekdays, divided by sixty (60) weekdays, divided by the number of authorized
active vehicles, The County Mayor or designee shall only authorize the number of additional active vehicles
necessary to lower the applicant's average weekday trips per active vehicle ratio below the 5:1 threshold. All
increases in the number of active vehicles shall be reported to the Commission on a semiannual basis. The
applicant may also request a proportionate increase in reserve units in accordance with the provisions of Section
4=8 (1). Governmental entities shall be excluded from the provisions of this subsection. Notwithstanding any
provision to the contrary, if a private certificate holder requires additional vehicles to service a countywide
emergency and nonemergency medical transportation vehicle service contract between the private ambulance
provider and Miami -Dade County, the County Mayor or designee shall authorize the number of additional
vehicles necessary to comply with the requirements of the contract; provided, however, said vehicles shall only
be used to perform work under the contract and the authorization shall automatically expire with the expiration
of the contract,
8130
71912021 Miami - Dade County, FL Code of Ordinances
(i) The County Manager shall submit a report to the Board three (3) years after the adoption of the ordinance
evaluating whetherthere is a need to issue additional certificates of public convenience and necessity.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01; Ord, No. 09-110, § 1, 12-1-09)
Sec. 4-5. -Administrative renewal of certificates.
All private ambulance certificates shall be administratively renewed at the expiration of every three-year cycle as
provided herein. The first three-year cycle shall end no late than December 31 st of the third calendar year following the
date of enactment of this ordinance. Subsequent three-year cycles shall end three (3) years after the expiration of the prior
cycle. The provisions of this subsection shall not apply to governmental entities. A private ambulance certificate issued
during the third year of any renewal cycle shall be renewed in the following renewal cycle. Notice of certificate renewal to
each private certificate holder shall be given by the County Manager no earlier than one hundred fifty (150) days and no
later than one hundred twenty (120) days prior to certificate expiration. Certificate holders shall submit a renewal
application to the County Manager on a form provided by the County no earlier than one hundred twenty (120) days and no
later than ninety (90) days prior to the certificate expiration date. The Manager shall deny any renewal application that is
not timely, is not properly filed, is incomplete, is untrue in whole or in part, or results in a determination by the Manager
that the applicant has failed to satisfy the requirements of Sections 4-4(a)(6), 4=8 and 4-10 of this article. Each application
shall be accompanied by an investigative and processing fee, which shall be nonrefundable, as specified by administrative
order, and shall not relieve the operator from the necessity of obtaining a state, county or municipal occupational license as
prescribed by law. Appeals from the denial of a renewal application shall be in accordance with Section 4-11(c).
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec.4-6. - Insurance requirements.
Each certificate holder shall carry insurance as set forth in this section to secure paymentfor any loss or damage
resulting from any occurrence arising out of or caused by the operation or use of any of the operator's vehicles or aircraft.
Every insurance policy shall provide for the payment of and satisfaction of any financial judgment entered against the
operator or any person operating an ambulance or air ambulance on behalf of the operator.
The operator shall furnish to Miami -Dade County Certificate(s) of Insurance, or at the request of the county, full certified
copies of required insurance policies, which indicate that insurance coverage has been obtained which meets the
requirements set forth in this section. An operating certificate will not be issued until such requirements are met.
(a) Private operators Ambulances and Air Ambulances.
(1) Each vehicle or aircraft shall be insured [in an amount not less than] one million dollars ($1,000,000.00)
per occurrence combined single limit for bodily injury and property damage,
(2) Each certificate holder shall maintain medical malpractice insurance in an amount not less than one
million dollars ($1,000,000.00) per occurrence.
(b) Governmental operators.
(1) Each entity of local government holding a certificate shall be insured for the limits specified in Florida
Statutes, Section 768.28, or such successor statute as may be amended from time to time. An entity of
local government may comply with this requirement by providing a self-insurance plan acceptable to the
county manager.
(c) Insurance certificates shall be endorsed to provide for no modification or material change, cancellation, or
expiration without thirty (30) days written advance notice by registered mail to the County. No policy will be
Uffif,
71i/2021 Miami - Dade County, FL Code of Ordinances
accepted for a shorter period than six (6) months.
All insurance policies required in this section shall be issued by companies authorized to do business under
the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than Class W" as to financial
strength, by the latest edition of Best's Insurance Guide, published by A. M. Best Company, Oldwick, New
Jersey, or its equivalent subject to the approval of the County Manager.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec. 4-7. - Rates
(a) Rates to be charged. It shall be unlawful for any certificate holder to charge, demand, request, or accept any fare
other than the rates established pursuant to this ordinance except as may be provided by; (1) Federal law; (2) a
countywide emergency and non -emergency ambulance service and non -emergency medical transportation
vehicle service contract between one or more private ambulance providers and Miami -Dade County; or, (3) by
resolution adopted by the Board approving a lower uniform rate to provide private inter -facility transfer of
indigent or Medicaid patients to or from a state -designated and licensed rural hospital, as specified in Section
395.602(2)(e)4, Florida Statutes, where said rate has been negotiated by the hospital and a private certificate
holder. Rates established by this chapter shall be applicable throughout Miami -Dade County, both in the
incorporated and unincorporated areas, without regard to any municipal boundaries. Every ambulance shall
have posted in a conspicuous place, readily visible to the occupants, a schedule showing all authorized rates.
(b) Ambulance and air ambulance rates. All ambulance rates shall be established by the commission after public
hearing. Neither the commission nor the Mayor shall establish air ambulance rates unless the commission finds
that (1) air ambulance rates being charged are excessive and (2) it is in the best interest of Miami -Dade County to
establish an air ambulance rate. Air ambulance certificate holders shall provide an annual written report to the
commission stating the air ambulance rates being charged. The Mayor shall investigate all requests for rate
changes and prepare a report for the commission's consideration.
(c) Private ground ambulance rates. All private ground ambulance rates shall be uniform among all certificate
holders, except as provided in Section 4-7(a).
(d) Ambulance Rates Charged by Municipal Fire and/or Rescue Departments. Notwithstanding the foregoing, all
ambulance rates charged by a municipal fire and/or rescue department in Miami -Dade County shall be
established by resolution adopted by each city commission after a public hearing. Ambulance rates charged by
municipal fire and/or rescue departments shall not be subject to approval by the Board of County
Commissioners. Each municipality which adopts a resolution establishing a schedule of ambulance rates for a
municipal fire and/or rescue department shall provide the Miami -Dade County Consumer Services Department
with a copy of the resolution approving any rate change as well as the schedule of rates within thirty (30) days
after the adoption of the resolution authorizing the rate change. Rate changes adopted by municipal fire and/or
rescue departments after the effective date of this section shall only become effective when filed with the
Consumer Services Department as provided for in the preceding sentence, Every ambulance shall have posted in
a conspicuous place, readily visible to the occupants, a schedule showing all authorized rates.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01; Ord. No. 10-02, § 1, 1-21-10; Ord. No. 15-86, § 1, 9-1-15)
Sec. 4-8. - Operating regulations.
10130
711/2021
Miami - Dade County, FL Code of Ordinances
(a) Each certificate holder shall:
(1) Maintain a central place of business in Miami -Dade County, where all records shall be available for inspection
or audit by the County during normal business office hours. When requested by the County, a private
certificate holder shall provide periodic financial and/or operating data including, but not be limited to,
electronically transmitted monthly trip and response time transport data and quarterly financial statements
as well as annual financial statements or signed tax returns as required by the County. These records shall be
maintained a minimum of two (2) years beyond the end of a certificate holder's fiscal year. If requested by
the County, particular records shall be maintained for up to three (3) years beyond the end of a certificate
holder's fiscal year.
(2) Maintain a telephone number for receiving calls for service, which telephone shall have twenty-four (24) hour
access for the public,
(3) Provide the county manager with a current list of telephone numbers and addresses of responsible
management personnel to be contacted in the event of emergencies.
(4) Provide service twenty-four (24) hours each and every day.
(5) Promptly answer every telephone call for service.
(6) Load and transport patients with a medical emergency regardless of ability to pay.
(7) Provide each unit with direct two-way communications with a central dispatcher at all times.
(8) Tape record all radio and telephonic service related conversations received through the communications
center requesting ambulance service. Said tapes shall be maintained for at least sixty (60) days. Copies of
specific tapes shall be maintained for longer periods if requested by the County Manager.
(9) Inform complainants of their right to redress unresolved grievances by providing the name, mailing address
and telephone number of the office designated by the County Manager to enforce provisions of this article
and receive complaints.
(10) Notify the County in writing within seven (7) days of adding, deleting or replacing any active or reserve
vehicles.
(11) Abide by the schedule of benchmark response times established by each certificate holder or the County
Manager pursuant to an administrative order. In the event the County Manager establishes reasonable
response times pursuant to an administrative order, each certificate holder shall comply with the response
times established by the administrative order notwithstanding any self-imposed schedule of benchmark
response times adopted by the certificate holder.
(b) The certificate holder shall conduct a criminal background check upon hiring all drivers, emergency medical
technicians and paramedics and require that such persons shall notify the certificate holder of any criminal
offense as specified in subsection (b)(1). No driver, emergency medical technician or paramedic may be
employed in an ambulance service in such capacity if:
(1) The person has been convicted of a felony, the use of a deadly weapon, or trafficking and/or possession of
narcotics and has not had his/her civil rights restored, or any misdemeanor involving moral turpitude, within
the past three (3) years.
(2) The person is a user of alcohol or drugs whose current use would constitute a direct threat to property or the
safety of others.
(c) The County Manager shall have the right to inspect the results of any criminal background review, and issue a
notice of violation to the certificate holder if the background review reveals that, at the time of hiring a driver,
emergency medical technician or paramedic is not in compliance with this section and has continued to be under
11/30
711 /2021
Miami - Dade County, FL Code of Ordinances
their employ as such.
(d) Vehicle operating permit. Before any ground or air ambulance is operated under the authority of the certificate,
the certificate holder shall make separate application to the County Manager for a permit for each ground or air
vehicle to be operated pursuant to said certificate. Each permit application shall be in writing, verified by the
certificate holder and shall contain the name and address of the certificate holder, the certificate number and the
make, type, year of manufacture, serial number, vehicle number and State license plate number of each active or
reserve vehicle for which a permit is desired. Upon payment of an annual permit fee, as specified by
administrative order, the County Manager shall issue to the applicant an annual permit; provided that any
private ground vehicle so permitted has successfully passed a vehicle inspection as set forth in Section 4-8(e), is
the type of vehicle authorized by such certificate, and is insured as required by Section 4-6. The County Manager
shall only authorize an operating permit for a new ground or air vehicle that is being phased in as provided in
Section 4-4(e) if the applicant presents sufficient evidence at the time of application, as determined by the County
Manager, of adequate liquid assets to sustain the new operation for an eighteen (18) month start-up period.
Subsequent to filing the initial permit application for each vehicle with the County, the certificate holder shall
only complete an additional permit application when removing an existing vehicle from service and/or entering
an additional or different vehicle into service. Before December 31 st of each year, each certificate holder shall
attest to the number of units in operation on a form provided by the County.
(1) Each permit issued hereunder shall be separately numbered and shall expire December 31 st of each year,
and may be renewed upon payment of the fee prescribed in subsection (d) of this Section. It shall be unlawful
to operate any vehicle required to have an operating permit without such a current valid permit displayed
within the vehicle. Such permit shall be available for inspection by any authorized personnel or police officer.
(2) Permits issued hereunder shall not be transferable or assignable.
(e) Vehicle inspection for compliance. Certificate holders shall have each private ground vehicle annually inspected
by the County for compliance with safety and sanitation requirements of Florida Statutes. Air ambulance units
shall comply with the inspection requirements of the State of Florida. Within thirty (30) days of a State inspection,
air ambulance certificate holders shall provide a copy of the most recent State inspection report form and any
other inspection -related documentation to the County.
(f) Use of lights and siren. Certificate holders are prohibited from operating a vehicle with lights and siren for
responses to calls received as nonemergencies.
(g) Hospital -based air ambulance transports. A hospital -based air ambulance shall only transport patients between
medical facilities licensed in accordance with Florida Statutes and equipped with FAA approved and DOT licensed
helipads within Miami -Dade County upon:
(1) Certification by the treating physician that ground transport would likely result in deterioration in the
patient's condition; and
(2) Miami -Dade Air Rescue is unable to transport or declines to transport the patient.
(h) The County Manager may establish supplemental rules and regulations not inconsistent with the requirements
of this article.
(i) Whenever in this article a fee is charged or is required to be paid, the amount of such fee shall be established by
administrative order of the County Manager approved by the Commission. Such fees shall be deposited in a
separate Miami -Dade County fund and shall be used exclusively to accomplish the regulatory purposes of this
article. The amount of each fee established hereunder shall be reasonably related to the cost of the services and
regulation provided.
12130
71112Q21
Miami - Dade County, FL Code of Ordinances
Q) Only governmental fire rescue entities shall be authorized to perform as the first responder within the territorial lirr
airspace of Miami -Dade County, except as provided otherwise in a countywide emergency and non -emergency amE
service and non -emergency medical transportation vehicle service contract between one or more private ambulanc
providers and Miami -Dade County, or in a contract in existence as of January 1, 2000 between a municipality and ar
ambulance service.
(k) The transportation of more than one patient in one ambulance vehicle shall be prohibited, except that this
Section shall not apply to transportation pursuant to a contract between a certificate holder and Miami -Dade
County or to transportation pursuant to direction by the Fire Chief having territorial jurisdiction.
(1) Active and reserve ground vehicles for private certificate holders. A certificate shall authorize a specific number
of active and reserve vehicles. At no time shall a certificate holder operate more than a specified number of
authorized active vehicles or maintain more than a specified number of authorized reserve vehicles. For new
applicants, the County may authorize a number of reserve vehicles equivalent to up to twenty (20) percent of the
active vehicle fleet, rounded off to the nearest whole vehicle. Certificate holders with certificates issued prior to
the date of enactment of this ordinance whose certificates do not designate the number of reserve units
included in the number of authorized vehicles shall specify the number of reserve units, within thirty (30) days
from the effective date of this ordinance, which number shall not exceed twenty (20) percent of the active vehicle
fleet. A new certificate shall be issued to the certificate holder authorizing a specific number of active and reserve
units upon compliance with this subsection. Fai lure of an existing certificate holder to designate the number of
reserve units within the specified time period as provided herein shall subject the certificate holder to probation,
revocation or suspension as provided in Section 4-10.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No, 01-38, § 1, 3-8-01)
Sec. 4-9. - Compliance.
The continuing validity of a certificate is expressly conditioned upon continued compliance by ambulance service
providers with all applicable requirements of State law including, but not limited to, Chapters 316, 322, 395 and 401, Florida
Statutes which establish the standards for vehicles, equipment and personnel.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec. 4-10. - Probation, revocation, or suspension --Grounds.
Every certificate issued under this article shall be subject to probation, revocation or suspension by the county manager
where it shall appear that:
(a) The certificate holder has failed or neglected to render the full service authorized by the certificate.
(b) The certificate holder has been convicted of a felony or any criminal offense involving mural turpitude after
being issued a certificate.
(c) The certificate was obtained by an application in which any material fact was omitted or stated falsely.
(d) The certificate holder has repeatedly operated a vehicle or aircraft in violation of any law.
(e) The certificate holder has failed to comply with any of the provisions of this chapter or has willfully or
knowingly violated any of the provisions of this chapter.
(f) The public interest will best be served by probation, revocation or suspension of any certificate provided,
however, that good cause be shown.
(g) The certificate holder has demanded money or compensation other than that established in accordance with
13130
7/1/2021
Miami - Dade County, FL Code of Ordinances
this chapter.
(h) The certificate holder has failed to load and promptly transport patients with a medical emergency regardless
of ability to pay.
(i) The certificate holder has given or allowed a rebate, commission, kickback or any reduced rate discount not
provided for in the rates established and prescribed in this chapter.
0) The certificate holder or employee has induced or sought to induce a change of destination to or from a
hospital or another facility other than the destination specified by the patient unless specifically warranted by
protocol orthe patient's medical condition.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec. 4-11. - Application rejection or denial, probation, revocation, or suspension —Procedure.
(a) The County Manager may place a certificate holder on probation by providing written notice to the certificate
holder. Where such action is deemed appropriate, the certificate holder may continue to provide the authorized
service while complying with the conditions of the probation notice. Said notice shall:
(i) Specify the reason(s) for which the probation action is to be taken. Such reasons shall include, but are not
limited to: violations of this article; failure to make, keep, and/or provide records required by Section 4-8(a)
(1); failure to obtain a vehicle operating permit; and failure to pay required fees;
(ii) Set forth the term of the probation period which shall not exceed one hundred -twenty (120) days;
(fii) Request a plan of correction for the violation(s) to specify the reasons the action is being taken; and
(iv) Be served on the certificate holder by certified mail, return receipt requested.
If the certificate holder corrects all or some of the conditions, the County Manager may rescind the probation at
any time or proceed with other enforcement action as provided in this Section. Probation or suspension is not a
condition precedent to revocation of a certificate.
(b) Notice of suspension or revocation action. The Manager shall provide notice of suspension or revocation to the
violator by certified mail, ten (10) days before the violator must comply with the Manager's decision.
(c) Appeals from decisions of the Manager and administrative hearings.
(1) Right to appeal. Any certificate holder shall have the right to appeal application rejections or denials,
suspensions, and revocations by the Manager. The named party shall elect to either:
(a) Comply with the Manager's decision in the manner indicated on the Notice of Manager's decision; or
(b) Request an administrative hearing before a hearing officer to appeal the decision of the Manager.
(2) Filing the appeal. Appeals by administrative hearing shall be accomplished by filing within ten (10) days after
the date of the decision complained of a written notice of appeal to the Clerk of the Courts, Code
Enforcement Section. The notice of appeal shall set forth concisely the nature of the decision appealed and
the reasons or grounds for appeal.
(3) Failure to appeal. Failure to appeal the decision of the Manager within the prescribed time period shall
constitute a waiver of the person's right to an administrative hearing before the hearing officer. Where the
Manager's decision involves a suspension or revocation, a waiver of the right to an administrative hearing
shall be treated as an admission of the violation and the Manager's decision shall be deemed final and
enforceable. No further remedies shall be granted and the decision shall stand.
(4) Hearing officers. Hearing Officers shall be appointed by the Clerk of the Courts, Code Enforcement Section.
14130
7/1/2021
Miami - bade County, FL Code of Ordinances
(5) Scheduling and conduct of hearing.
(a) Upon receipt of a timely request for an administrative hearing, the hearing officer shall set the matter
down for hearing on the next regularly scheduled hearing date or as soon as possible thereafter or as
mandated in the specified section of the Code.
(b) The hearing officer shall send a notice of hearing by first class mail to the named party at his, her or its
last known address. The notice of hearing shall include, but not be limited to, the following: place, date,
and time of the hearing; right of the named party to be represented by a lawyer; right of the named party
to present witnesses and evidence; in the case of a Manager's decision involving suspension or
revocation, notice that failure of the named party to attend the hearing shall be deemed a waiver of the
right to hearing and an admission of the acts specified in the notice; and notice that requests for
continuances will not be considered if not received by the hearing officer at least ten (10) calendar days
prior to the date set for hearing.
(c) The hearing officers shall call hearings on a monthly basis or upon the request of the Manager. No
hearing shall be set sooner than fifteen (15) calendar days from the date of notice of the Manager's
decision, unless otherwise prescribed by this chapter.
(d) A hearing date shall not be postponed or continued unless a request for continuance, showing good
cause for such continuance, is received in writing by the hearing officer at least ten (10) calendar days
prior to the date set for the hearing. No additional continuances shall be granted without concurrence of
the Manager.
(e) All hearings conducted by a hearing officer shall be open to the public. All testimony shall be under oath.
If the named party has been properly notified, a hearing may proceed in the absence of the named party
and the failure to attend a hearing shall be deemed a waiver of the right to a hearing and an admission of
the acts specified in the notice.
(f) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party
requesting the transcript.
(g) The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as
may be reasonably required by each hearing officer for the proper performance of his or her duties.
(h) Each case before a hearing officer shall be presented by the Manager or his or her designee,
(i) The hearing need not be conducted in accordance with the formal rules relating to evidence and
witnesses.
(j) Each party shall have the following rights: to call and examine witnesses; to introduce exhibits; to cross-
examine opposing witnesses on any relevant matter; to impeach any witness regardless of which party
first called him or her to testify; and to rebut the evidence against him or her. All relevant evidence shall
be admitted.
(k) The hearing officer shall make findings of fact based on the evidence of record. In order to make a finding
upholding the Manager's decision the hearing officer must find that a preponderance of the evidence
supports the Manager's decision and, where applicable, indicate that the named party was responsible
for the violation of the relevant section of the Code as charged.
(1) If the Manager's decision is affirmed the named party may be held liable for the reasonable costs of the
administrative hearing.
(m) The fact-finding determination of the hearing officer shall be limited to whether the alleged violation
occurred or whether competent, substantial evidence supports the Manager's decisions. Based upon this
15130
7/1/2021
Miami - Dade County, FL Code of Ordinances
factfinding determination, the hearing officer shall either affirm or reverse the decision of the Manager. If
the hearing officer affirms the decision of the Manager, the named party shall have fifteen (15) days from
the date of the hearing officer's decision to comply with the decision of the Manager. If the hearing officer
reverses the decision of the Manager and finds (1) the named party not responsible for the violation
alleged; or (2) insufficient basis for the denial of application, a written decision shall be prepared setting
forth the basis for such determination. If the hearing officer reverses the decision of the Manager, the
named party shall not be required to comply with the decision of the Manager, absent reversal of the
hearing officer's findings pursuant to Section 4-12. If the decision of the hearing officer is to affirm, then
the following shall be included in the decision:
(a) Decision of the Manager.
(b) Administrative costs of the hearing,
(c) Date for compliance, if applicable.
(n) The hearing officer shall have the power to.
(a) Adopt procedures for the conduct of hearings;
(b) Subpoena alleged violators and witnesses for hearings; subpoenas may be served by the Miami -Dade
County Police Department or by the hearing officer's staff;
(c) Subpoena evidence; and
(d) Take testimony under oath.
(d) Suspensions pursuant to this section shall not exceed six (6) months. In addition to provisions found in Section 4-
10 of this article, three (3) or more suspensions within any twelve (12) month period may constitute grounds for
revocation of the certificate.
(e) Notwithstanding the provisions of this article, the county manager may secure enforcement of the provisions of
this article by any legal action necessary, such as application to any court for injunctive relief or other
appropriate relief.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec. 4-12. - Appeal.
(a) The named party or the county may appeal a final order of the hearing officer by filing a notice of appeal in the
Circuit Court in and for Miami -Dade County, Florida, in accordance with the procedures and within the time
provided by the Florida Rules of Appellate Procedure for the review of administrative action.
(b) Unless the findings of the hearing officer are overturned in a proceeding held pursuant to Section 4-12, all
findings of the hearing officer shall be admissible in any further proceeding to compel compliance with the
Manager's decision.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, > -8-01)
Sec. 4-13. - Violations, enforcement and penalties.
(a) In addition to any other remedies provided by law, including those provided in this article, the County Manager
may enforce provisions of this article by administrative fines listed in Section 8CC-10 of the Code of Miami -Dade
County, Failure of a person to pay a civil penalty within three (3) months of the due date for paying such fine as
specified on the civil violation notice or within three (3) months of the date of the final outcome of any timely
filed appeal of such violation notice, whichever is later, shall result in automatic suspension of such person's
16130
711/2021 Miami - Dade County, FL Code of Ordinances
certificate and all ambulance operations shall cease until such fine is paid in full. Violation of the provisions of
this article using vehicles operating pursuant to the for -hire regulatory provisions contained in Chapter 4, Article
III and Chapter 31 of the Code of Miami -Dade County shall subject such operating authority to suspension and
revocation proceeding of the applicable chapter or article.
(b) Violation of any of the provisions contained in this chapter shall be punishable by a fine not to exceed one
thousand dollars ($1,000.00), and/or imprisonment not to exceed sixty (60) days.
(c) Anyone who engages an ambulance or air ambulance with intent to defraud the certificate holder shall be in
violation of this article and subject to a fine of one thousand dollars ($1,000.00) and/or imprisonment not to
exceed ten (10) days.
(Ord. No, 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec, 4-14. - Municipalities are not to require license, permit or payment of fees, except occupation license authorized by general
law.
No municipality shall require any operator holding a current valid certificate issued under this chapter to obtain any
municipal license or certificate or require the payment of any fees for the right to engage in the ambulance or air
ambulance business, except that municipalities shall have the right to impose, collect and enforce payment of any
municipal occupation license tax authorized by general law.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec. 4-15. - State of emergency.
Where a state of emergency has been declared, the county manager is authorized to suspend any and all of the
provisions of this article.
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Sec, 4-16, - Prohibition on written advertisements.
(a) No person may knowingly place or publish an advertisement in any publication which is primarily circulated,
displayed, distributed or marketed within Miami -Dade County, Florida, which advertisement identifies the
offering of ambulance service regulated by this article, unless the ambulance service possesses a valid certificate
of public convenience and necessity from Miami -Dade County.
(b) For the purpose of this section, any advertisement shall be defined to include any announcement, listing, display,
entry or other written statement of whatever nature or kind, and specifically to include a name and address or
telephone number placed under a heading, where the heading describes or encompasses any ambulance service
regulated under this article,
(Ord. No. 94-93, § 2, 5-17-94; Ord. No. 01-38, § 1, 3-8-01)
Secs. 4-17-4-22. - Reserved,
ARTICLE II. - RESERVED
Footnotes:
--- (3) ---
17130
7/1/2021 Miami - Dade County, FL Code of Ordinances
Editor's note— Ord. No. 94-93, § 1, adopted May 17, 1994, repealed former Art, 11, §§ 4-23-4-33, relative to a certificate of public
convenience and necessity for ambulance service. The provisions of fonnerArt. It derived from Ord. No. 61-9, adopted Feb. 28, 1961; Ord, No.
72-35, adopted June 20, 1972; and Ord. No. 73-85, adopted Sept. 18, 1993; Ord. No. 79-31, adopted Aprif 17, 1979; and Ord. No. 80-80,
adopted July 15, 1980,
Secs. 4-23-4-40, - Reserved.
ARTICLE III. - NONEMERGENCY MEDICAL TRANSPORTATION
Footnotes:
(4) ___
Editor's note— Pursuant to § 15 of Ord. No. 80-145, directing its inclusion in the Code, the editor has designated §§ 1-13 of said ordinance as
Art. ill, §§ 4-41-4-53.
Sec. 4-41. - Short title.
This article shall be known as the "Nonemergency Medical Transportation Ordinance."
(Ord. No. 80-145, § 1, 12-18-80)
Sec. 4-42. - Legislative findings and intent.
(a) During the 1979 State legislative session, authority for regulation of nonemergency medical transportation was
transferred from the Public Service Commission to the Department of Health and Rehabilitative Services
(Chapter 401, Florida Statutes). It mandated the elimination of economic regulations at the State level and
required each County to establish local control of the industry. A prior condition for obtaining a State license and
permit is a County certificate of public convenience and necessity.
(b) The purpose of this article is to ensure the health and safety of those citizens who must use nonemergency
transportation. Regulation of the nonemergency medical transportation industry is susceptible to and can most
effectively be carried out under a uniform plan of regulation to [of] the County as a whole.
(c) Artificial restrictions upon the nonemergency medical transportation industry based solely upon economic
regulations, that limit competition and impose unreasonable standards on the industry, are not in the best
interest of the health, welfare, safety and convenience of the handicapped and disabled residents of the County
who rely on this form of transportation. The riding public should not be required to bear the effects of
governmentally imposed restrictions upon the industry which are artificial or unnecessary.
(Ord. No. 80-145, § 2, 12-18-80)
Sec.4-43. - Definitions,
For the purposes of this article, the following definitions shall apply,
(a) Chauffeurmeans a driver registered with and authorized by the Consumer Services Department to operate a
nonemergency medical vehicle.
(b) Commission means the Board of County Commissioners of Miami -Dade County, Florida.
(c) Applicantor person means any natural person(s), firm, partnership, association, corporation, or other
business or governmental entity.
18/30
7/1/2021
Miami - Dade County, FL Code of Ordinances
(d) Directormeans the Miami -Dade County Consumer Services Department Director.
(e) CSD means the Miami -Dade County Consumer Services Department.
(f) Fares or rates means the charges established pursuant to this article to be paid for the transportation
services provided by an operator,
(g) Trade name means the name under which any person(s), firm, partnership, association or corporation
operates its business.
(h) Operate means provide transportation services utilizing a nonemergency vehicle.
(i) Operator means any person who has been issued a certificate in accordance with the provisions of this
article.
0) Certificate means a certificate of public convenience and necessity authorizing the holder thereof to engage
in providing the transportation services described thereon.
(k) Nonemergency medical transportation service or nonemergency service means the transportation of
persons while on stretchers or wheelchairs, or whose handicap, illness, injury or other incapacitation makes
it impractical to be tra nsported by a regular common carrier such as bus or taxicab service, and neither need
nor expect to need medical attention enroute. The definition of nonemergency medical transportation
service or nonemergency service shall also include service provided by any vehicle operating under a Miami -
Dade County certificate of public convenience and necessity received under this article which is designed to
accommodate no more than eight (8) passengers, exclusive of the driver and which is equipped to transport
passengers confined to a wheelchair, where such vehicle is provided by Miami -Dade County to an operator
approved by resolution of the Board of County Commissioners to participate in Miami -Dade County's
Prototype Paratransit Vehicle Project, as defined in .Section 31-81 of the Code of Miami -Dade County.
Excluded therefrom are hospitals exclusively transporting their patients in hospital vehicles where no fee is
charged for this service; ambulance service operating under a Miami -Dade County certificate of public
convenience and necessity, public bus transportation systems, school bus service operated by the Miami -
Dade County Public School Board, and taxicab services operating under a Miami -Dade County license.
(1) Non emergency medical transportation vehicle ornonemergency vehiclesmeans any motorvehicle that is
specially designed, constructed, reconstructed and equipped to provide nonemergency medical
transportation service, excluding any motor vehicle engaged solely in providing special transportation
services for the Miami -Dade Transit Agency pursuant to a contract with Miami -Dade County, or any vehicle
which is used solely by its owner for self transportation or for transportation of immediate family members.
Nonemergency medical transportation vehicles engaged in providing MDTA special transportation services
pursuant to a contract with Miami -Dade County are subject to the regulations contained in Chapter 31, Article
IV,
(m) Para transit services mean any transportation services provided for compensation to passengers with
disabilities by motor carriers between specific origins and destinations selected by an individual user at a
certain time that is agreed upon by the user an the service provider.
(n) The Americans with Disabilities Act of 1990 or the ADA means the civil rights act signed into law on July 26,
1990 as Public Law 101-336, 104 Stat 327, as the same maybe amended from time to time.
(o) The ADA-defined area of Miami -Dade County means the complementary paratransit service area as required
by the ADA or any federal regulations established pursuant to the ADA. The service area includes an area
with a width of three -fourths of a mile on each side of Miami -Dade County's fixed bus routes and an area
consisting of a circle with a radius of three -fourths of a mile around each Metrorail station.
19130
711/2021 Miami - Dade County, FL Code of Ordinances
(p) Para transit passenger m ea ns an individual receiving paratransit services who has a physical or mental impairmf
defined by the ADA that substantially limits one or more the major life activities of such individual, has a record
impairment or has been regarded as having such an impairment.
(Ord, No. 80-145, § 3, 12-18-80; Ord. No. 87-10, § 1, 3-17-87; Ord. No. 88-124, § 2, 12-20-88; Ord. No. 91-130, § 1, 11-5-91;
Ord. No. 95-221, § 1, 12-5-95)
Sec. 4-44. - Obtaining a certificate of public convenience and necessity.
(a) Certificate required. From and after the effective date of this article, it shall be unlawful for any person to use,
drive or operate or to cause or permit any other person to use, drive or operate any nonemergency (medical)
vehicle upon the streets of Miami -Dade County without first obtaining a Miami -Dade County certificate and
maintaining it current and valid pursuant to the provisions of this article.
Nothing in this article shall be construed to prohibit:
(1) Discharge within Miami -Dade County of any passenger lawfully picked up in another county and lawfully
transported into Miami -Dade County.
(2) Pink up of a paratransit passenger by a provider of pratransit services that is duly licensed and legally
authorized to provide paratransit services in a county adjacent to Miami -Dade County, provided that such
county has determined that the passenger is eligible for paratransit services and such passenger is picked -up
within the ADA-defined area of Miami -Dade County. A paratransit service provider shall not be required to
obtain a Miami -Dade County Certificate of public convenience and necessity for such purpose, nor shall a
chauffeur of such paratransit vehicle be required to obtain a Miami -Dade County for -hire chauffeurs
registration.
(b) Application forcertificate. Every application for a certificate shall be in writing, signed and sworn to by the
applicant, and shall be filed with CSD. The statements contained in the application shall become a part of the
certificate and may be modified only in accordance with this article. The application shall be submitted on a form
provided by CSD and shall contain all information required thereon including:
(1) Sufficient information to identify the applicant.
(2) A brief description of the vehicle proposed to be used.
(3) A trade name under which the applicant intends to operate and a description of the proposed vehicle colors
and/or markings,
(4) The applicant's management plan including but not limited to maintenance facilities, system for handling
complaints and accidents, driver training program and communication system.
(5) The applicant's proposed service standards, including but not limited to days and hours of operation, and
passenger services to be provided.
(6) The applicant's proposed initial public fare and rate structure.
(7) A record of all present and prior transportation business activities of the applicant during the past five (5)
yearn
(8) A record of all crimes, excluding traffic, of which the applicant has been convicted within five (5) years
preceding the date of the application. The applicant shall have his fingerprints and photograph taken by the
Miami -Dade County Public Safety Department. In the case of a corporate or partnership applicant, such
information shall be obtained from all corporate officers and directors or partners, as the case may be.
(9) Two (2) credit references including at least one bank where applicant maintains an active account.
20130
711/2021 Miami - Dade County, FL Code of Ordinances
(10) Each certificate application shall be accompanied by an investigative processing and initial certificate issuance fE
shall be nonrefundable.
(1 1) An agreement on the part of the applicant to conform to and abide by the provisions of this article and the
laws of the State of Florida.
(12) The applicant's current financial statement. If the applicant has an existing certified financial statement, the
most current certified financial statement is required.
(13) The ability of the applicant to provide the proposed service including past work experience in the industry.
(14) The location and description of the place or places from which the ronemergency transportation service will
operate.
(15) A statement describing the geographic area(s) to be served by the applicant.
(16) Evidence of insurance coverage for claims arising out of injury or death of persons and damage to property
of others resulting from any cause for which the operator, as a certificate holder, would be liable, as
stipulated in Section 4-48.
(17) For transfer applications only, a statement disclosing the terms and conditions of the proposed transfer,
including the amount of compensation which has been paid or is payable to the transferor and any other
consideration given or to be given to the transferor in connection with the transfer of the certificate of public
convenience and necessity; in lieu of the requirements of this paragraph, the applicant for transfer of a
certificate of public convenience and necessity, may submit a notarized copy of the purchase contract which
contains all information requested by this paragraph,
(c) County Manager's recommendation. CSD shall review and investigate each application and report findings to the
County Manager. Such investigation shall include a Miami -Dade Police Department background check, including
but not limited to past business credit or financial standing and law enforcement records. CSD shall base its
recommendations on the criteria contained in subsection (d), below, the thoroughness of the applications and
the competence of the applicant. The County Manager may require any further investigation or additional
information that he deems necessary. The County Manager shall submit a written report and recommendation
to the Commission.
(d) Commission determination, The Commission shall hold at least two (2) public hearings each year if required to
consider and take action upon pending certificate applications and transfer applications. The Commission, after
such public hearing, by resolution may issue or refuse to issue the certificate as applied for, or may issue a
certificate with such modifications or upon such terms and conditions as in its judgment the public convenience
and necessity may require. In reaching its determination, the Commission shall consider the application, the
County Manager's report and recommendation, all matters presented at the public hearing and, among others,
the following criteria:
(1) The ability of the applicant to provide the proposed services.
(2) The adequacy of the management plan of the applicant.
(3) The benefits that will accrue to the public interest from the proposed service.
Each resolution approving an application shall specify the number of certificates that have been authorized thereby.
Each certificate shall authorize a single nonemergency vehicle.
The County Manager may prescribe rules and regulations consistent with the criteria set forth in subsection (d)(1), (2)
and (3), above, for the approval and issuance of emergency temporary certificates. Such certificates shall be effective for no
more than ninety (90) days and may not be renewed without Commission approval.
21130
701I2021 Miami - Dade County, FL Code of Ordinances
(e) Requirements for issuance of certificate. After Commission approval and payment of a certificate fee, CSD shall issu
applicant a conditional ninety -day certificate and shall issue a full certificate provided that the applicant has compliE
the requirements of this article and presents proof of approval by the Florida Department of Health and Rehabilitat
Services. No full certificate shall be issued unless the applicant has presented proof of insurance as required by Sec
48 and passed the required vehicle inspections. If the applicant fails to comply with the requirements of this subsec
within ninety (90) days after notification of Commission approval, such approval shall be automatically revoked and
certificate shall be issued.
(f) Certificate form. Each certificate shall be on a form developed by C5D and shall be signed by the Director, Each
certificate shall contain, at a minimum, the name and address of the applicant, a description of the vehicle to
which it applies and such additional terms, conditions, provisions and limitations as were authorized in the
approval process.
(g) Certificate renewal. All certificates shall be renewed on or before January 1 of each year by payment of an annual
certificate fee. All certificates which are not renewed shall automatically expire and all nonemergency
transportation services rendered thereunder shall immediately cease as of January 1.
(h) Required use of certificate. On or before December 31 of each year, each operator shall certify on a form
provided by the CSD the number of months authorized service was provided during the preceding year. Failure
to certify or to operate for at least nine (9) months during the preceding year shall result in automatic expiration
of the certificate.
(i) Assignment; sale or transfer of certificate. No certificate may be assigned, sold (either outright or under a
conditional sales contract), transferred or its ownership structure changed or altered so as to result in a change
or the possibility of change in the control of said certificate from the holder of said certificate to another until the
proposed assignment, sale, transfer or change in control shall have been approved by the Oommission. Any
transfer of shares of stock or interest of any person or certificate holder so as to cause a change in the directors,
officers, shareholders or managers of such person or certificate holder shall be deemed a transfer or assignment
as contemplated in this section and subject to the same rules and regulations as any other transfer or
assignment.
(1) The Director is authorized to approve assignments, sales or transfers from one operator to another when
requested, upon submission of an application and payment of the investigative fee as specified in subsection
(b), above, and after an investigation and final determination, based on the criteria for initial certificate
approval set forth in this section.
Appeals of the Director's decision shall be made to the Commission.
(2) The Director shall issue a replacement certificate to any operator upon application, payment of a
replacement fee and presentation of proof that the certificate has been lost or stolen, or that a certificate is
requested for a replacement nonemergency vehicle.
(3) All other proposed assignments, sales or transfers must be approved by the Commission as specified in
subsection (d), above, and must be supported by an application and fee as specified in subsection (b), above
and an investigation and report as specified in subsection (c), above.
(Ord. No. 80-145, § 4, 12-18-80; Ord. No. 81-45, § 1, 4-21-81; Ord. No. 87-10, § 2, 3-17-87; Ord, No. 88-118, § 1, 12-6-88; Ord.
No. 90-126, § 1, 11-27-90; Ord. No. 95-221, § 1, 12-5-95; Ord. No. 06-21, § 1, 2-7-06; Ord. No.09-45, § 1, 6-2-09)
Sec. 4-45, - Obtaining a chauffeur's registration.
22130
711/2021
Miami - Dade County, FL Code of Ordinances
It shall be unlawful for any person to drive a nonemergency vehicle over any street in Miami -Dade County without first
having obtained a chauffeur's registration from the CSD pursuant to Chapter 31. Article V of this Code.
(Ord. No. 80-145, § 5, 12-18-80; Ord. No. 87-10, § 2, 3-17-87; Ord. No. 88-1 18, § 1, 12-6-88; Ord. No. 92-26, § 1, 4-21-92; Ord.
No. 93-107, § 1, 10-19-93; Ord. No. 94-15, § 1, 1-20-94)
Sec. 4-46. - Maintaining a certificate —Operating rules.
(a) Display of certificate. The certificate shall be kept at the operator's business office and an CSD-issued certificate
emblem shall at all times be displayed within the vehicle and shall be available for inspection by any police officer
or authorized agent of CSD.
(b) Colorscheme. Each operator shall adopt and use, after approval by CSD, a distinctive, uniform and decorative
color scheme for ali nonemergency vehicles certified pursuant to this article. No operator shall use the State -
required ambulance colors and markings.
(c) Disposal of personal property. Personal property left by a passenger in any nonemergency vehicle shall, upon its
discovery by or delivery to the chauffeur of said vehicle, be reported immediately to and deposited at the
operator's office, where a record of same shall be maintained and the property held for the owner for a period of
six (6) months. At the end of such time, the property shall become the property of the finder. The operator shall
be responsible for chauffeur compliance with this section.
(d) Compliance with other legislation. Every operator shall fully comply with all ordinances, rules and regulations of
the County and all statutes of the State of Florida applicable to the operation of nonemergency vehicles.
(e) Accessibility of service to the public; accessibility of records forregulatorypurposes. Each operator shall maintain
a central place of business in Miami -Dade County, with a properly listed telephone number for receiving all calls
for nonemergency service, and where business records and daily manifests shall be kept. Each operator shall
provide CSD with a current business telephone number and address.
(f) Records required. Each operator shall maintain accurate records of all financial and operating information as
may be required by CSD. CSD shall be granted access to these records for the purpose of inspection and/or
copying same, upon five (5) days' prior notice. All such records and information shall be confidential except that
they will become public records for the purpose of revocation or suspension hearings, or, if required bythe
Board of County Commissioners, forthe purpose of approving or disapproving applications for new certificates
or transfers of certificates.
(g) Anti -discrimination. No operator or chauffeur shall refuse or neglect to transport to and from any place in the
County any orderly person requesting service regardless of race, sex, religion, national origin, age, marital status
or handicap who is willing and able to pay the prescribed fare.
(h) Vehicle numbering system. Each operator shall adopt a vehicle numbering system approved by CSD, which does
not conflict with those in use by other operators.
(i) Manifest or trip sheetrequired. Every operator shall maintain a manifest or trip sheet which shall include, but not
be limited to, the following information on each trip: Name of chauffeur, vehicle number, date, time, origin,
destination, number of passengers and fare. The trip sheet form shall be approved by the CSD. Operators shall
not destroy, mutilate, alter or otherwise deface any daily manifests without CSD approval. All manifests shall be
available for inspection and/or copying by the CSD or any police agency during regular business hours and shall
be retained by the operator for three (3) years.
0) Telephone access. Each operator shall provide twenty -four-hour continuous telephone access to the public.
23f30
7/1/2021 Miami - ❑ade County, FL Code of Ordinances
(k) Advertising. All advertising or other solicitation for business by a nonemergency medical transportation service shal
emphasize in a conspicuous manner that the service does not provide medical attention, and the service provided i
designed for those persons whose physical impairment(s) render it impractical to use regular common carrier orta:
services.
(1) Stretcher service. Operators providing nonemergency stretcher service shall:
(1) Determine from information supplied by persons or agencies requesting said service that nonemergency
stretcher service can safely accommodate passengers and maintain records of such requests on forms
provided by CSD.
(2) Require persons or agencies to pre -arrange service at least one (1) hour in advance of pickup time.
(3) Provide and maintain ten (10) consecutive hours of continuous service to the public for each day of
operation.
(m) Mobile communication. Each operator must provide and maintain the capability for two-way communications,
excluding citizen band (CB) radio, between the service's location and each of its vehicles.
(Ord. No. 80-145, § 6, 12-18-80; Ord. No. 87-10, § 2, 3-17-87)
Sec. 4-47. - Same --Fares and rates,
(a) Legislative basis for establishing rates. The provisions of this section shall be the exclusive method for the
establishment of nonemergency vehicle rates throughout Miami -Dade County.
(b) Rates to be charged. It shall be unlawful for any operator to charge, demand, request or accept any fare other
than the rates established pursuant to this article.
(c) Methods of establishing rates. Each operator may establish rates under one (1) or both of the following
categories:
(1) Public rates:
a. The operator's initial rate will be that rate proposed in the application for certificate and will become
effective upon issuance of the certificate.
b. An operator may change the rate by filing with CSD a proposed rate thirty (30) days prior to its effective
date. The proposed rate shall be posted within the passenger compartment section of each vehicle at
least fifteen (15) days before it becomes effective,
c. The public rate(s) fare structure shall be clearly set forth as a schedule of charges based on service
elements understandable by the public, posted within the passenger compartment of each vehicle, and
upon request explained to each person requesting service.
(2) Contract rates. Each operator may establish, through written contract, rates other than the public rate. Such
rates shall become effective after the executed contract containing such rates has been filed with CSD.
Contract rates shall not be modified except in accordance with the requirements of this section.
(Ord. No. 80-145, § 7, 12-18-80; Ord. No. 87-10, § 2, 3-17-87)
Sec. 4-48. - Same —Insurance requirements.
(a) Insurance required, No nonemergency vehicle shall be permitted to operate without the operator having first
obtained and filed with CSD a certificate of insurance for each nonemergency vehicle on forms provided by CSD.
(b) Type of insurance. Bodily injury and property damage insurance with limits of liability no less than those
established on a Statewide basis by the Florida Department of Health and Rehabilitative Services for the
24/30
7/112021 Miami - Dade County, FL Code of Ordinances
operation of nonemergency vehicles is required. This insurance shall be written by an insurance company
authorized to do business in the State of Florida. No policy shall be accepted for a period shorter than six (6)
months.
(c) Implications of noncompliance. Failure to provide current certificates of insurance or to maintain appropriate
insurance coverage for each nonemergency vehicle shall be grounds for automatic suspension of that vehicle's
certificate.
(d) Notice of change, cancellation, expiration. Each automobile liability insurance policy shall be endorsed to provide
for thirty (30) days' notice by registered mail to CSD of any material change, cancellation or expiration.
(e) Self-insurance. An operator may comply with these insurance requirements if found to be a qualified self -insurer
by the State of Florida. An operator's failure to maintain the requirements of a qualified self -insurer shall be
grounds for CSD to take the actions described in subsection (c) above.
(Ord. No. 80-145, § 8, 12-18-80; Ord. No. 87-10, § 2, 3-17-87)
Sec. 4-49. - Same —Vehicle standards.
(a) Enumeration. The following vehicle standards apply to all nonemergency vehicles. It is the operator's
responsibility to ensure that each nonemergency vehicle operated under the provisions of this article meets the
following standards at all times:
(1) Comply with the safety and mechanical standards of the current edition of Florida's Vehicle Inspection
Manual, Florida Highway Patrol.
(2) Display a current, valid State of Florida vehicle inspection sticker.
(3) Have a functioning speedometer indicating speed in miles per hour and a functioning odometer indicating
distance in miles.
(4) Have a functioning mechanism which ensures that doors remain securely closed during travel.
(5) The vehicle exterior must be free of grime, oil or other substances and free from cracks, breaks, dents and
damaged paint that detract from the overall appearance of the vehicle and that could harm, injure, soil or
impair the passenger or the passenger's personal belongings.
(6) The passenger compartment must be clean, free from torn upholstery or ffoor coverings, damaged or broken
seats, and protruding sharp edges.
(7) The operator's name or business name, operator's business telephone number and nonemergency vehicle
number shall be permanently affixed to the exterior of the vehicle in accordance with instructions issued by
CSD.
(8) Complywith the current sanitation and maintenance and vehicle design standards of the Florida Department
of Health and Rehabilitative Services for permitting as a nonemergency vehicle.
(9) Be equipped with a functioning two -and -one -half -pound ABC fire extinguisher.
(10) Each nonemergency stretcher vehicle shall have a minimum of forty-eight (48) inches from the finished floor
to the finished ceiling in the passenger compartment.
(11) Each vehicle utilized to transport passengers confined to wheelchairs shall have a lift operated electrically or
hydraulically or a manually operated ramp with sufficient capacity to safely and smoothly lift or load
passengers into the vehicle.
(12) Each vehicle shall have a mobile two-way radio,. excluding CB radios, with all normal accessories, and shall
meet all standards and requirements as specified by the Federal Communications Commission (FCC).
25130
7/112021
Miami - Dade County, FL Code of Ordinances
(13) No motor vehicle older than fifteen (15) model years shall be operated as a non -emergency vehicle.
(b) Inspection for compliance. CSD shall provide for annual inspection of each vehicle between and including one (1)
and two (2) model years old; CSD shall provide for semi-annual inspection of each vehicle between and including
three (3) and four (4) model years old; CSD shall provide for quarterly inspection of each vehicle between and
including five (5) and fifteen (15) model years old for compliance with the foregoing standards. The CSD shall
charge a fee for such inspection. In addition to regular inspection, CSD may also inspect any nonemergency
vehicle at any time. The results of each inspection shall be recorded and a copy provided the operator. Any
vehicle failing to meet required safety standards shall not be operated as a nonemergency vehicle until such time
as the vehicle satisfactorily passes a reinspection. The CSD shall charge a fee for such reinspection.
Notwithstanding the foregoing, the quarterly inspection of each vehicle between and including five (5) and fifteen
(15) model years old to determine compliance with the vehicle condition standards required by Section 4-49(a)(4),
(5), (6), (7), (8), (9), (10), (11) and (12) shall commence on May 1, 1995 and the quarterly inspection of such vehicle
to determine compliance with the vehicle safety and mechanical standards required by Section 4-49(a)(1), (2) and
(3) shall be reduced to semi-annual inspection until July 1, 1998.
(Ord. No. 80-145, § 9, 1 2-18-80; Ord. No. 87-10, § 2, 3-17-87; Ord. No. 88-118, § 1, 12-6-88; Ord. No. 88-124, § 2, 12-20-88;
Ord. No. 92-66, § 1, 7-7-92; Ord. No. 93-85, § 1, 9-7-93; Ord. No. 94-190, § 1, 10-7-94; Ord. No, 95-99, § 1, 6-6-95; Ord. No. 96-
186, § 1, 12-17-96)
Sec. 4-50. - Maintaining the chauffeur's registration.
(a) Requirements enumerated. A chauffeur shall comply with the following regulations;
(1) Every chauffeur shall operate his vehicle in accordance with principles of defensive driving,
(2) Each chauffeur shall display at all times while driving a nonemergency vehicle a current chauffeur's
registration and shall not drive a nonemergency vehicle if said chauffeur's registration has been revoked or
suspended.
(3) Each chauffeur at all times shall maintain a neat appearance.
(4) Chauffeur shall select routes to trip destinations that are most economical to the passenger unless otherwise
directed or agreed to by the passenger.
(5) No chauffeur shall collect fares or compensation for the transportation services other than the established
rates or charges for the type of service being provided, nor may any driver collect any additional payment for
transporting any baggage which accompanies the passenger; provided, however, that this provision shall not
apply to gratuities, nor shall the words "fares" or "compensation" be construed to include gratuities. Upon
request the passenger will be given a receipt for the fare collected.
(6) Each chauffeur shall at all times operate all vehicle special equipment with due regard for the safety and
convenience of the passenger.
(7) Each chauffeur shall successfully complete bi-annually a training and orientation session conducted by an
operator authorized to do so by CSD. Such session will include, but not be limited to, instruction on subjects
as defensive driving, safety and convenience of passengers, courtesy, operation of specialized equipment in
the vehicle, and requirements of this article.
(b) Grounds forautomatic suspension. Any chauffeur's registration shall be automatically suspended by CSD subject
to any administrative hearing to revoke the chauffeur's registration, should the chauffeur become addicted to
the use of controlled substances or intoxicating liquors, plead nolo contendere, plead guilty, or be convicted of a
26130
711/2021 Miami - Dade County, FL Code of Ordinances
felony or of any criminal offense involving moral turpitude or of a crime involving the use of deadly weapons or
trafficking in narcotics, or should the State of Florida revoke or suspend the chauffeur's license.
(Ord. No. 80-145, § 10, 12-18--80; Ord. No. 87-10, § 2, 3-17-87)
Sec. 4-51. - Duties of the Consumer Services Department.
(a) In addition to the duties and responsibilities specified in this article, CSD shall be charged with the following
duties and responsibilities:
(1) Process, investigate and prepare all reports required bythis article.
(2) Investigate and prepare reports on alleged violations of this article.
(3) Enforce the provisions of this article.
(4) Attempt to resolve complaints received from any source concerning the industry.
(5) Develop and implement, in cooperation with the industry, service expansion and improvements.
(6) Provide technical assistance to the industry.
(7) Create and render technical assistance to a nonemergency vehicle advisory group comprised of
representatives from consumers, the industry, transportation -related interests and public interest
organizations. The role of the advisory group shall be to monitor the effectiveness of the ordinance [from
which this article derives,] improve communication between the County and parties interested in
nonemergency transportation, and help develop improved transportation services.
(8) Perform any other functions assigned by the County Manager.
(b) The Director may propose and the County Manager may promulgate further rules and regulations to carry out
the provisions of this article.
(c) Whenever in this article a fee is charged or is required to be paid, the amount of such fee shall be established by
administrative order of the County Manager approved by the Commission. Such fees shall be deposited in a
separate Miami -Dade County fund and shall be used exclusively to accomplish the regulatory purposes of this
article. The amount of each fee established hereunder shall be reasonably related to the cost of the services and
regulation provided therefor.
(Ord. No. 80-145, § 11, 12-18-80; Ord. No. 87-10, § 2, 3-17-87; Ord. No. 88-118, § 1, 12-6-88)
Sec. 4-52. - Enforcement and penalties.
(a) Enforcement agent. This article shall be enforced by authorized personnel of CSD.
(b) General means of enforcement. CSD may utilize either of two (2) general means of enforcing this article:
(1) Fining the operator or chauffeur, or
(2) Suspending or revoking the operator's certificate or the chauffeur's registration.
(c) Fining the operator or chauffeur.
(1) CSD shall develop a deficiency or warning system through which operators or chauffeurs are given written
notice of minor violations and a specified period of time to correct same. For more serious or repeated
violations, CSD shall develop a citation form. Authorized personnel will issue citations as official notice of
violations. Civil violations by chauffeurs shall be processed under Chapter 8CC of the Code.
(2) Deficiency reports and/or citations shall be issued to the party responsible for the violation. Any person
issued a deficiency report or a citation shall acknowledge receipt thereof by his signature. Notice given to a
27130
7/112021 Miami - Dade County, FL Code of ordinances
chauffeur for a violation involving the vehicle under his control shall also be sent to the operator.
(3) Failure to correct items recorded on a deficiency report by the time specified shall automatically cause a
citation to be issued for each such item. In the case of chauffeurs, for civil violations, a citation shall be issued
under Chapter SCC of the Code.
(4) Except for chauffeurs receiving civil violations, each person issued a citation shall within ten (10) days satisfy
the citation by either of the following means:
a. Correction of the violation and payment to CSD of a twenty -five -dollar ($25.00) fine. In addition to any
other penalties provided by law, this twenty -five -dollar ($25.00) fine may be imposed for each and every
violation of the provisions of this article. Violations which result in fines pursuant to this section shall not
be the basis for revocation or suspension proceedings except that three (3) or more violations resulting in
fines within any twelve-month period may constitute grounds for revocation or suspension proceedings.
Filing a written request for a hearing on the charges. The hearing shall be within the jurisdiction of the
County Court and the Clerk of the Court is hereby empowered to dispose of the case and fines assessed
through the normal procedure.
Failure to do one (1) of the foregoing may result in revocation or suspension proceedings or be punishable by
fines of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or
imprisonment not to exceed ten (10) days.
(5) Violation of revocation or suspension ordered pursuant to this section shall be punishable by fines of not less
than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or imprisonment not to
exceed ten (10) days,
(6) Operation of a nonemergency vehicle without the required certificate shall be punishable by fines of not less
than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or imprisonment not to
exceed ten (10) days.
(7) Anyone who engages a nonemergency vehicle with intent to defraud the chauffeur or operator shall be in
violation of this article and subject to a fine of not less than one hundred dollars ($100.00) or more than five
hundred dollars ($500.00) and/or imprisonment not to exceed ten (10) days.
(d) Suspension or revocation of the certificate or chauffeur's registration,
(1) Grounds for suspension or revocation. Except for automatic suspensions as provided for elsewhere in this
article, nonemergency vehicle certificates and chauffeur's registrations are subject to suspension or
revocation by the Director as follows:
a. Nonemergency certificate. Upon notice and hearing as hereinafter specified unless waived by the
certificate holder when it appears that:
1. The holder thereof has been convicted of a felony or any criminal offense involving moral turpitude;
or
2. The certificate was obtained by an application in which any material fact was omitted or falsely stated;
or
3. The holder thereof has permitted the nonemergency vehicle to be operated in violation of any law; or
4. The holder thereof has failed after being notified in writing to comply with, or has willfully violated
any of the provisions of this article; or
5. The operator has not complied with the requirements of subsection (c)(5), above; or
6. The certificate has been suspended three (3) or more times within a twelve-month period; or
28/30
NAFNIN,
Miami - Dade County, FL Code of Ordinances
7. The public interest will best be served by revocation or suspension; provided, however, that good cause
b. Chauffeur's registration. Upon notice and hearing as hereinafter specified unless waived by chauffeur
when it shall appear that:
1. The chauffeur has failed, after being notified in writing, to comply with or has willfully violated any of
the provisions of this article; or
2. The registration was obtained by an application in which any material fact was omitted or falsely
stated; or
3. The chauffeur has not complied with the requirements of fine in subsection (c)(5), above; or
4. The registration has been suspended three (3) or more times within a twelve-month period; or
5. The public interest will best be served by revocation or suspension; provided, however, that good
cause be shown.
(2) Hearing procedure. All hearings required by this section shall be preceded by a minimum of ten (10) days'
written notice. Said notice shall specify the Director's proposed action and the grounds upon which the action
is predicated. The operator or chauffeur may be represented by legal counsel and shall be entitled to present
a defense to the proposed action. Failure to appear at a duly noticed hearing shall be deemed a waiver of the
right to hearing and an admission of the acts specified in the notice. All such hearings shall be conducted
before a hearing examiner who shall not have responsibility for the enforcement of this article and who shall
be designated by the Director. Insofar as is practicable, hearings shall be conducted in accordance with the
rules of civil procedure governing the procedure in Circuit Court, except as may be provided in the Miami -
Dade County Code or by rules adopted by the Board of County Commissioners. All such hearings shall be
reported and, at the request of any party, transcribed.
Within a reasonable time after the conclusion of the hearing, the hearing examiner shall submit to the
Director a statement of findings, conclusions and recommendations. If the hearing examiner affirms the
Director's proposed action, the appellant shall pay the administrative costs of the hearing, unless such
decision is reversed on subsequent appeal. The Director shall promptly notify all parties of his or her
decision.
(3) Authority to subpoena witnesses, compel production ofrecords. The hearing examiner shall have the power
to administer oaths, subpoena witnesses upon the written request of any interested party, and may compel
the production of records, books or papers. Should the hearing examiner without good cause refuse to
subpoena witnesses or compel the production of books, records or papers, then any interested party may,
without cost to the petitioner, petition the County Court to order the appearance of any witness or witnesses
or order the production of any books, records or papers necessary to a fair and proper hearing. Failure of
any witness ordered to appear or failure of any person ordered to produce books, records or papers may
constitute a contempt of court and may be punishable in the same manner as any other contempt of court.
If any witness fails to honor a subpoena, the party requesting the same may apply to the County Court for a
rule to show cause why the witness should not appear and, if after being ordered to appear by the Court, the
witness fails to comply therewith, the Court after due notice and hearing may adjudge the witness in
contempt of court and punish him accordingly. The subpoenaing party shall bear the cost of such subpoena.
(4) Appeal of Director's decision. The Director's decision maybe appealed to the County Manager within ten (10)
days of the date of said decision. Such appeal shall not stay the Director's decision. Upon such an appeal, the
County Manager shall consider the transcription of the hearing and all evidence produced at the hearing. No
29130
7/1/2021
Miami - Dade County, FL Code of Ordinances
further testimony or exhibits shall be permitted. The County Manager shall, within twenty (20) days, on the
basis of the record established before the Director, either affirm, reverse or modify the Director's decision.
(5) [Length of suspension.] Suspensions pursuant to this section shall not exceed six (6) months. Three (3) or
more suspensions within any twelve-month period may constitute grounds for revocation of the certificate or
chauffeur's registration so suspended.
(6) Appeal of County Manager's decision and Board of County Commissioner's decision. Appeals from the
County Manager's decisions pursuant to this section and appeals from any Board of County Commissioners'
decision concerning certificates shall be by certiorari to the Circuit Court of the Eleventh Judicial Circuit in and
for Miami -Dade County, in accordance with the Florida Rules of Appellate Procedure.
(e) Other enforcement means. Notwithstanding the provisions of this article, the Director may secure enforcement
of the provisions of this article by any legal action necessary, such as application to any court for injunctive relief
or other appropriate relief.
(Ord. No. 80-145, § 12, 12-18-80; Ord. No, 87-10, § 2, 3-17-87; Ord. No. 88-118, § 1, 12-6-88; Ord. No. 94-15, § 1, 1-20-94)
Sec. 4-53. - Special provisions.
(a) Exclusive Countywide regulations, The provisions of this article shall be the exclusive uniform regulations
applicable to the provision and operation of nonemergency transportation services throughout Miami -Dade
County in the incorporated and unincorporated areas without regard to municipal boundaries.
(b) Exemption from fees. Federal, State, County and municipal governments and their employees shall be exempted
from all fees required in this article for nonemergency vehicles owned, operated and driven by such
governments.
(c) [Effect on vehicles currently operating.] Any person who on the effective date of this article is operating a
nonemergency vehicle within Miami -Dade County and who has continuously operated said vehicle since being
authorized to do so by a Florida Public Service Commission certificate of public convenience and necessity
authorizing nonemergency service in Miami -Dade County shall be entitled to a certificate for each nonemergency
vehicle that operated at least six (6) months during the twelve-month period immediately preceding the effective
date of this article; proof of such operation is required. A timely application for each certificate must be
submitted on forms provided by CSD and shall include thereon identification of a separate and distinct vehicle
meeting the requirements of this article. The application shall be accompanied by proof of insurance as required
by Section 4-48, proof of possession of the required Florida Public Safety Commission certificate of public
convenience and necessity and operating authority for said vehicle, and the fee required by Section 4-44.
No certificate shall be issued in accordance with this section unless same has been applied for on later than ninety (90)
days after the effective date of this article.
(Ord. No. 80-145, § 13, 12-18-80; Ord. No. 87-10, § 2, 3-17-87)
30130
7/112021
Sec. 30-371. - School bus regulations.
Miami - Dade County, FL Code of Ordinances
(A) Definitions. The following words and phrases when used in this section shall have the meanings
ascribed to them in this section.
(a) "Person" shall mean natural persons, associations of persons, firms, partnerships and
corporations.
(b) "Public school bus" shall include those motor vehicles owned, operated, rented or leased by
any County board pursuant to and in compliance with Chapter 234, Florida Statutes.
(c) "Private school bus" shall mean all motor vehicles not included in the definition of "public
school bus" and which are being used for the transportation of children to and from schools,
kindergartens, nursery schools and day care centers, both public and private. "Private school
bus" shall also include those vehicles which are being used for the transportation of children
to and from activities connected with the regular operation of any clubs, associations,
institutions or corporations, whether organized for profit or not for profit. Provided, however,
that this section specifically excludes from its provisions any school bus whether public or
private complying with the requirements of Chapter 234, Florida Statutes; and further
excludes motor vehicles subject to and meeting the requirements of the Florida Public
Utilities Commission and operated by carriers operating under the jurisdiction of such
commission; and further excludes any vehicles operated by or under the purview of the State
or any political subdivision thereof or under a franchise issued by a municipality or the Public
Service Commission; and further excludes motor vehicles of the type commonly called
pleasure cars when such vehicles are used by individuals and not operated in the "for hire"
transportation of children.
(d) "Operated" shall include the words owned, under the control of, under the supervision of, or
operated by contractual agreement with other persons, firms, corporations or partnerships.
(e) "Driver" shall be deemed to include any person driving or in actual physical control of a
private school bus, while transporting children whether or not compensated, paid, or
reimbursed in anyway for such services
(f) "Children" shall mean any person under the age of twenty-one (21) years.
(g) "For hire" shall mean transportation of children for compensation on the public highways.
(h) "CSD" means the Miami -Dade County Consumer Services Department.
(B) Inspection certificate. Upon and after the effective date of this section, it shall be unlawful for any
person to drive, operate, stop or park, or for the owner to cause or knowingly permit to be
driven, operated, stopped or parked on any public street, road, highway, or on any facilities
owned or operated by any governmental unit within this County in the transportation of children,
any private school bus, as defined in this section, unless such private school bus displays on the
vehicle a valid and unexpired school bus certificate of inspection issued by the CSD.
(C) Issuance of inspection certificates. All private school buses shall be inspected by the CSD and
1/4
7/1/2021
Miami - Dade County, FL Code of Ordinances
inspection certificates shall be issued upon compliance with the standards set out below.
(D) School bus seating capacity. A private school bus shall transport no more children than can be
seated therein so that each child has sufficient space for his shoulders and buttocks to come into
full contract with the seat and seat back and sufficient knee space so that no child's knees must
touch the back of the seat or other obstruction when the child is seated with his back in full
contact with the back of the seat.
(E) Inspection certificate application forms. To obtain the County inspection certificate required
under this section, the following procedures shall be followed:
(a) The owner shall obtain from the CSD an application for a County private school bus
inspection.
(b) The owner shall then present said application to the officer or person in charge of the
designated inspection station together with the private school bus designated in the
application for inspection.
(F) Inspection certificate. When the inspection of a private school bus by the CSD and the application
for the inspection comply with the provisions herein provided, the owner or his agent, upon
payment of the inspection fee, established by administrative order, shall receive a County private
school bus inspection certificate to be then and there attached to the windshield of said vehicle.
The certificate shall state that the private school bus was determined to be safe at the time of the
inspection, the expiration date of the certificate of inspection, and such other information as may
be required by this section.
(G) Prerequisites to issuance of certificate. No County private school bus inspection certificate may
be issued to any motor vehicle unless:
(a) The vehicle nowhere bears either the word "school bus" or the word "stop" upon its exterior.
Provided, however, that every private school bus, while being operated as a private school
bus, must bear the identifying name of the school or organization for which it is operated or
the name of the owner thereof on the sides of said vehicle and further provided that it must
bear a sign on the rear of the vehicle stating —"Caution —Transporting Children". The lettering
shall be readily visible and readable at a distance of fifty (50) feet with lettering substantially
three (3) inches in height of a two -eighths inch stroke of a contrasting color to the vehicle.
These letters shall be of a material visible at night.
(b) Safety equipment shall meet the standards prescribed for a private school bus by the laws
and regulations of the State of Florida and shall include the following equipment:
(1) Nonleaking exhaust system;
(2) First -aid kit;
(3) At least one (1) dry -chemical type fire extinguisher of at least two and one-half (21/2) pound
capacity, readily accessible to driver. Such fire extinguisher shall bear label of
Underwriters' Laboratories, Inc. showing rating of not less than 10-B:C. Such extinguisher
2A
711 /2021
Miami - Dade County, FL Code of Ordinances
must carry evidence of current inspection;
(4) Windows shall be unbroken tempered or laminated safety glass and windshields shall be
unbroken laminated safety glass to conform to United States of America Standards
Institute "American Standard Safety Code for Safety Glazing Material for Glazing Motor
Vehicles Operating on Land Highways" ASA Standard Z-26.1-1966, July 15, 1966;
(5) Inside rear view mirror capable of giving the driver clear view of motor vehicles
approaching from the rear and outside left and right rear view mirror; and
(6) Seats securely anchored conforming to Federal Motor Vehicle Safety Standards contained
in 49 Code of Federal Regulations, Part 371, or, original equipment seats or, custom seats
substantially conforming to original equipment seats in respect to anchorage, backrest
and padding. There shall be no auxiliary seating accommodations such as temporary or
folding jump seats in such vehicles.
(c) The owner presents the CSD a certificate of automobile insurance applicable to the private
school bus and written in a company authorized to do business in Florida. The amount of
insurance shall be carried in the sum of not less than ten thousand dollars ($10,000.00) for
bodily injury, or death resulting therefrom, to any one (1) pupil and shall, for any one (1)
accident be not less than five thousand dollars ($5,000.00) multiplied by the rated seating
capacity of the vehicle. Such certificate of insurance shall indicate that no material change or
cancellation of the policy will be effective without first giving thirty (30) days' written notice to
the CSD.
(d) It shall be the duty of the CSD to enforce compliance with the foregoing requirements by
refusing to authorize inspection or issue an inspection certificate until full compliance has
been made.
(H) Right of inspection unaffected.
(a) The issuance of a private school bus inspection certificate shall not affect the right of CSD
employees and police officers to inspect said vehicle at all times to determine if said vehicle
or its operation meets the standards prescribed by the CSD.
(b) Any police officer authorized to administer or enforce the motor vehicle laws of this State and
County may require the driver of a private school bus to stop and submit such vehicle and its
equipment to an inspection, and such test with reference hereto as may be appropriate, to
determine that such private school bus is in a safe operating condition, and that it complies
with the provisions of this section.
(1) Time for inspection. Private school buses seating twenty-four (24) or more passengers shall be
inspected by CSD annually. Any private school bus seating less than twenty-four (24) passengers
shall be inspected semi-annually for each half year such private school bus is operated.
(J) Notice of rejection fornoncompliance. When any private school bus shall be presented for
inspection in compliance with this section and is found not to comply with the provisions herein
314
7/1/2021
Miami - Dade County, FL Code of Ordinances
or possesses equipment which does not comply with the requirements as herein provided, the
officer or person in charge of the inspection of the same shall affix a "Notice of Rejection" to the
windshield of the private school bus presented for inspection. Such notice shall state the reason
for rejection and shall inform the owner or operator thereof that he will be permitted seventy-
two (72) hours (which shall be exclusive of Sundays and holidays) in which to make the required
adjustment and in which to present such private school bus at the same inspection station for re -
inspection. It shall be unlawful to transport any children in a school bus which bears a "Notice of
Rejection" on its windshield.
(K) Fee required. The fee for the issuance of a County private school bus certificate shall be
established by the Board of County Commissioners and implemented by administrative order.
(L) Requirement and issuance of County private school bus chauffeur registration. It shall be
unlawful for any person to drive a private school bus over any street in Miami -Dade County
without first having obtained a chauffeur's registration from the CSD pursuant to Chapter 31
Article V of this Code.
(M) Driver compliance. It shall be unlawful for any person to operate or cause to be operated a
private school bus upon the streets of this County unless all of the provisions of this section have
been complied with.
(N) Obedience to section. It is unlawful for any person to do any act forbidden by, or fail to perform
any act required by this section. It is unlawful for the owner or any person employing or
otherwise directing the driver of the vehicle to require or knowingly permit the operation of a
private school bus in any manner contrary to this section.
(0) Applicability orsection. It is provided that this section shall pertain to all violations hereof within
the County, and supersedes and nullifies any and all municipal sections or codes relative to the
regulation of private school buses as defined herein. This section is applicable in the incorporated
and unincorporated areas of the County.
(P) Jurisdiction of the County Court. Except for chauffeur's civil violations, the violation of any
provision of this section shall be within the jurisdiction of the County Court.
(Q) Penalty for violation. All violations of this section, except civil violations by chauffeurs, shall be
punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed
thirty (30) days in the County Jail, or both, at the discretion of the County Court Judge. Civil
violations by chauffeurs shall be processed under Chapter 8CC of the Code..
(Ord. No. 71-94, § 1, 12-21-71; Ord. No. 72-39, § 1, 7-6-72; Ord, No. 72-60, § 2, 9-19-72; Ord. No. 75-96, § 1,
11-4-75; Ord. No. 81-107, § 1, 9-17-81; Ord. No. 87-13, §§ 1, 2, 3-17-87; Ord. No. 92-66, § 2, 7-7-92; Ord. No.
92-88, § 1, 8-14-92; Ord. No. 94-15, § 2, 1-20-94)
Annotation —AO of 11-1-83,
414
7/1/2021 Miami - Dade County, FL Code of Ordinances
Sec. 30-372. - Inspection of school buses; physical requirements of drivers.
(1) (a)
All motor vehicles, other than private passenger automobiles and school buses with a seating
capacity of less than twenty-four (24) pupils, which are used primarily for the transportation
of pupils to school, but which are not operated by or under the purview of the State or a
political subdivision thereof or under a franchise issued by a municipality or the Public Service
Commission, shall comply with the requirements for school buses of Chapter 234, F.S.
(b) For the purposes of this section the term "school" includes all public and private nursery,
pre -elementary, elementary, secondary, and college level schools.
(2) (a)
Every bus with a seating capacity of less than twenty-four (24) pupils shall be equipped with
the following:
1. Nonleaking exhaust system;
2. First aid kit;
3. Fire extinguisher;
4. Unbroken safety glass on all windows;
5. Inside rearview mirror capable of giving the driver clear view of motor vehicles
approaching from the rear•, and
6. Seats securely anchored.
(b) Such vehicles shall be covered by liability insurance to protect pupils being transported,
(c) Such vehicles shall transport no more passengers than they are equipped to seat.
(3) It shall be unlawful for any person to drive a private school bus over any street in Miami -Dade
County without first having obtained a chauffeur's registration from the CSD pursuant to Chapter
31, Article V of this Code.
(4) All school buses and all motor vehicles covered by subsection (1) shall be inspected annually by
the Department, and when found satisfactory for safe operation shall display on the vehicle a
current certificate of inspection.
(5) The Department shall promulgate such rules and regulations as are necessary to effect the
purposes of this section.
(Ord. No. 71-94, § 1, 12-21-71; Ord. No. 94-15, § 2, 1-20-94)
Annotations —AO of 11-1-83; CAO 79-24.
Sec. 30-372.1. - Private school bus inspection fees.
1/2
71112021
Wami - Dade County, FL Code of ordinances
The County Manager is authorized by administrative order, effective upon approval by resolution of this
Board, to set and impose fees for County inspection of private school buses. The fee payable hereunder
shall be deposited in a separate County fund and shall be used exclusively to cover the County's cost of
inspections. No part of said fund shall be used for purposes other than the aforesaid. The criterion for
vehicle certification and inspection pursuant to this section is compliance with Sections 30-371 and 30-372
of the Miami -Dade County Code, Chapter 234, Florida Statutes, and Section 316.615, Florida Statutes, and
the State regulations which implement the foregoing provisions of Florida law.
(Ord. No. 83-103, § 1, 11-1-83)
Editor's note-- Ord. No. 83-103, § 3, adopted Nov. 1, 1983, provided for amendment of the Code but did not
specify manner of inclusion; therefore, designation of § 1 as Code § 30-372.1 has been at the editor's
discretion.
2/2
ii
EXHUBIT B I
i. Names and job titles of all employees of mmnicipalrty authorized to perform the
applicable enforcement functions:
Exhibit-C
Miami -Dade County, Florida, Coda of Ordinances
PART III, CODE OF ORDINANCES
CHAPTER 8C — CODE ENFORCEMENT
Copies to be provided with final document. : .
A,gprav� i'+�-yar
vetc)
0-vcxridF
R.ESQ=0N 3u0.
Agenda Item No. 6 (c) (.1) (� ?
i!
R�f
RESOLUTIQN AUTHORIZING COUNTY MANAGER TO EXECUTE
In-ERLOCAL AGREEMENTS WITH MUNMC1PAL=S FOR,
ENFORCE,1vfNT OF PENALTIES CONTAINED IN-CHA_PM SCC
OF TBE CODE OF hffAMDARE COUNTY RELATING TO FOR_HM
TRANSPORTAUON REGULATIONS; AND TO EXELCISE
CANC1H,LATI0N AND RENEWAL PRDV ISIONS
WAEREASS Vais Board desires to accomplish thr, purposc outlined in doe aecarnpMying
mcmurandum, a copy of wbirh .is irzcazporated herein by mferencc,
-NOW, TREREFORE, BE IT RES QLVFD BY THE BOARD OF COUNTY
C0MIvr1S9.I0XERS OF bfLkTyH-I),ADE COL`NT'X, FLCRID.S-, that. this Board authca-ZE$ the
County Managcz to execute on behalf of Miami Dade County int-crlocal agreements with -ad
muuil�apafities in Miami -Dade Cormty, m mbstaatiaLy the farm attached to this resolution, that
t
anfhhozi7c r unicipahtles to mforcc the penalties matained in- Chapter g CC of the Cock of
Niiarni-Dad-e Co=ty relating to enforcemerit of for -hire tran,sspcortution regulations'cont 6cd in
Chapter 4, Ardc,Ie III, ,Section 30-37I - 372.2 and Chapter 31; and authorizes the County
Manager to excrcisc cancellation and renewal pi-ovisions roatained i-hereim
The faregoing resolution was spcmored by Commissioner R3ffim 3ebXEdO , Whn paved
its adoption_ The motio i was secmdcd by Gommi sioner,TuW L_ Yom11 and upon being put to
a vote,. the Grote -was as follows:
STATE OF FLORIDA )
i
COUNTY OF DADE }
i
1 F IAR�'1='Y RW i N, C J erk of the G 1 rcu i t c-xrr t In and for Dale ant
y,
F 1 or i da, and Ex-{} f f i c i c G I erk of the Boat d of County CLmn i ss 1 criers f
of said
CmTlty, Lb i EFESY C+ Ti FY that -the above and foregoing is a true and corr�t
t py -Df Resc l ut i cif No.adopted by the sa.1 d Ord '
of Cmmty C.am i ss i oners at its meet 1 ng fire 1 d on
IN
W 1 TES *ERECF, 1 have hereuntO set MY hand and off I c i a l
this day of
Iir , A.D. 19 9 -
HARVEY.RWIN. Clerk /
Elcard of County C zrrm, I avers
Dude County, FIori
8y
SEAL
board of County CM7Tflssloners
Dads County,- F 1 or 1 cia
CI
CLKICT 5R7 �193
EXHIBIT D
Administrative - Order
-
♦ -
..-k.
Administrative Order No.: 2-5
Tide: Code Enforcement
Ordered: 712512000 Effective: 8/412000
AUTHORITY:
Section 4,02 of the Miami -Dade County Home Rule Amendment and Charter, and
Chapter 8CC, Code of Miami -Dade County.
SUPERSEDES:
This Administrative Order supersedes Administrative Order 2-5 ordered May 25,
1999, and effective .tune 4, 1999.
POLICY:
It shall be the policy of Miami -Dade County to' -foster compliance with the ordinances
passed by the Board of County Commissioners, as embodied in the Code of Miami -
Dade County (hereinafter referred to as the =-Code") by encouraging its Code
Inspectors to utilize available enforcement mechanisms, including the issuance of
Uniform Civil Violation Notices CCVNs'), to attain this goal, It shall also be the policy
of Miami -Dade County to recover enforcement fines levied, administrative hearing
and enforcement costs incurred by the departments involved in code enforcement
activities, and accrued interest by utilizing administrative settlement and lien
procedures.
ENFORCEMENT PROCEDURE FOR MUNICIPALITIES:
Municipalities within Miami -Dade County shall be entitled to utilize the applicable
provisions of Chapter 8CC within their municipal boundaries by entering into an
interlocal agreement with Miami -Bade County which shall contain, at a minimum, the
following:
1. The section or sections of the Code as listed in Section 8CC-19, which the
municipality wishes to enforce through this chapter.
2. The job title of the agents or employees of the municipality authorized to perform
the enforcement functions and the number of agents or employees so authorized.
3. The amount reimbursable to Miami -Dade County for administrative costs relating
to the conduct of hearings on appeals from CVNs issued by the municipality,
including, but not limited to, attorney's fees and costs, costs of transcription and
clerical casts. I
4. The amount of revenue reimbursable to the municipality from any fine collected
pursuant to the issuance of a CVN.
8. An agreement to indemnify and save the County harmless from and against any
and all liability, actions and cause of action relating to the municipality's utilization
of the provisions of Chapter 8CC and the Code of Miami -Dade County, if
applicable.
6. A term not to exceed three years.
The County reserves the right: to set minimum education, training and background
check requirements to be met by municipal employees or agents enforcing the
Code. Furthermore, the County shall provide oversight and auditing authority in
order to withdraw delegation if it is determined that the municipality is improperly
enforcing the cede.
Any appeals to the Circuit Court or beyond from CVNs issued by a municipality shall
be handled by that municipality and its legal staff.
HEARING OFFICERS:
Passage of Ordinance No. 85-33 created and established a code enforcement
Position to be filled by Hearing Officers. The County Manager, or his designee, shall
prepare and submit for ratification to the Clerk of the Board of County Commissioners
a list of qualified candidates nominated for appointment as Hearing Officers pursuant
to the provisions of Section 8CC--2 of the Code. Compensation for Hearing Officers
shall be $ 50.00 per hour up to a maximum of $400.00 per day.
DEPARTMENTS' RESPONSIBILITIE&
Code Enforcement department directors, or their designees, shall be responsible for
the following:
Prior to being provided the authority to initiate enforcement proceedings under
Section 8CC-3(a) of the Code, a Code Inspector shall be required to successfully
complete a 'Triple I" criminal background check, which shall be conducted by the
Miami -Dade Police Department at the request of Code Enforcement
departments_ This background investigation, which consists of a complete
computer search of nationwide law enforcement databases, shall include a
review of Federal, State and focal criminal activity_ In addition, driving records
shall be reviewed as a part of the initial criminal background check and
subsequently on an annual basis. Existing Code Inspectors shall be subject to
annual driving record checks and shall be provided with notification of this
requirement prior to implementation of this Administrative Order. The "Triple I"
background check requirements shall be included in all Code Inspector job
announcements, Municipal employees shall also be required to successfully
complete a `Triple I" background investigation prior to being provided authority
to initiate enforcement proceedings under Chapter BCC of the Code.
2. Code Inspectors shall enforce the ordinances listed in Section 8CC-1 D of the
Code within the jurisdiction of their respective departments.
3. Upon issuance of a CVN to a violater, a completed copy of the CVN trust be sent
to Code Enforcement; County Clerk Division.
4. All original civil penalty payments, continuing civil penalty payments and
administrative hearing costs imposed pursuant to the provisions of Chapter 8CC
shall be remitted directly to Code Enforcement, County Clerk Division, with a
check made payable to the Clerk of the Circuit and County Courts unless the
case is the subject of a settlement agreement.
5. For any GVN issued in which a date of correction has been given, or for any
case in which a Hearing Officer has set a date of correction (see Sec. BCC-4(f
of the Gode), a Code Inspector must prepare an Affidavit of Compliance or Non -
Compliance as appropriate and send a copy to Code Enforcement, County Clerk
Division. The Affidavit must indicate whether the violation has been corrected by
the date of correction set forth in the CVN or by the Hearing Officer; and, if it has
not, the Affidavit must so reflect and must set forth a request that the Hearing
Officer issue an Order finding the violator guilty of a continuing violation, if
applicable, imposing continuing violation penalties to be effective beginning on
the original date of correction and ending at a specified date, and setting forth the
total amount of penalties and costs to be paid by the violator.
5. Departments shall be authorized to sign agreements settling civil penalties and
liens for amounts less than the maximum continuing penalty, costs and accrued
interest. Such agreements shall contain the justification for settlement; the CVN
number; the original penalty amount; the settlement amount; the amount
collected (indicating full payment or partial payment); and, the signature of the i
department director, or designee, with notification to Code Enforcement, County
Clerk division. If any penalties have been made the subject of court actions,
settiements must also include an approval from the County Attorney's Office, as
applicable. Unless otherwise specifically provided in the Code, the department
will require the violator to remit the original amount of the ticket and any
administrative hearing costs imposed by the Hearing Officer to Code !
Enforcement. County Clerk Division and will collect the remainder of the i
settlement amount directly. The departments shall provide to Code Enforcement,
County Clerk Division a written settlement form which includes the following
information: CVN number, settlement amount, amount received, date received,
and record of collection number. If the settlement is based upon installment
payments, the department shall provide the foregoing information for each
payment until satisfaction of the agreement.
7, Whenever a violator has corrected a violation but failed to pay the civil penalty, or
has failed to correct the violation and pay the civil penalty, or has paid the civil
penalty but failed to correct the violation, the departments shall notify the violator
of Miami -Dade County's intent to file a lien against the vlolator's real or personal
property. The Notice of Intent to Lien shall offer the violator an opportunity within i
a speciFied time period to avoid placement of the lien by executing a settlement
agreement which provides for correction of the violation, payment of the original t.
amount of the- CVN;- payment of continuing -penalties payment -of -administrative
bearing costs where applicable, payment of all enforcement costs incurred by the
department and accrued interest. A copy of the Notice of Intent to Lien shall be
sent to mortgage folders and may be sent to insurance carriers, credit bureaus
and any other parties holding a legal, equitable or beneficial interest in the
property. j
8. A lien shall be placed on a violator's real or personal property except as provided
for herein, .if the violator does not respond within the prescribed time period to the
Notice of Intent to Lien by correcting the violations and paying all penalties, costs
and interest due or executing a settlement agreement and complying with said
agreement. The lien document shall make specific reference to the civil violation
notice number and the issuing department. The lien shall be recorded in the
public records of Miami -Dade County and Code Enforcement, County Clerk
Division, shall be notified of same.
9. Departments may offer a payment plan in negotiating settlements prior to or
after placement of liens upon written request of the violator and establishment of
economic need. In order to insure the department's ability to collect all civil
penalties, administrative hearing and enforcement costs and interest due,
departments are required to file a lien where possible whenever the violator
enters into a payment plan in response to a Notice of Intent to Llem
10. Upon placement of a lien against real or personal properties, the
individual or business entity holding a mortgage on the property and credit
bureaus shall be notified of the lien placement by the department. The
department may notify insurance carriers and other parties holding a legal,
equitable or beneficial interest in the property of the placement of the lien.
11. The department may initiate collection proceedings including, but not limited to,
referral to collection agencies and filing of civil suits as warranted in an effort to
recover monies owed Miami -Dade County resulting from the issuance of CVNs.
12. For any lien placed against real property pursuant to Chapter 8CC or other
provisions of the Code which remains unsatisfied one year from the date of
recordation of the lien, the departments shall notify the Office of the County
Attorney and request mailing of a Notice of Intent to Foreclose. It shall be the
responsibility of the County Attorney to initiate foreclosure actions in Circuit Court
on non --homestead properties where foreclosure of the property is in the best
interest of Miami -Dade County.
13. Upon final payment under a settlement agreement or full payment of a lien, all
accrued Interest and the costs of lien recordation and satisfaction, the
departments shall record a Satisfaction of Lien in the Miami -Dade County public
records. The Satisfaction of Lien document shall make specific reference to the
civil violation notice number and the issuing department.
CODE ENFORCEMENT, COUNTY CLERK DIVISION
RESPONSIBILITIES:
Code Enforcement, County Clerk Division shall be responsible for the following:
1. Upon receipt of a CVN, a letter will be issued to the violator indicating the amount
of the civil penalty and the date by which the penalty is to be paid, advising the
violator the date by which the violation must be corrected (if applicable), and
providing the deadline date to request an administrative hearing in writing, to
appeal the issuance of the CVN.
2. If payment has not been received for a Civil Violation Notice and/or the violation
of the Code Section has not been corrected, a second letter will be issued to the
violator (where no timely appeal has been filed), indicating the civil penalty,
accrued penalty, and the total amount due within 30 days. The violator is further
advised that if payment is not received or the violation is not corrected within 30
days, a lien shall be placed against the. violators real or personal property.
3. When an appeal has been filed and the Hearing Officer finds the violator guilty at
the Administrative Hearing, a letter shall be sent to the violator ordering
correction of the violation (if applicable) and requiring payment of the civil
penalty, hearing administrative costs, enforcement costs, accrued penalties, and
the total amount to be paid. The violator is further advised that if payment is not
received or the violation is not corrected within 30 days, a lien shall be placed
against the violator's real and personal property. To appeal a Hearing Officer's
Final Order, a Notice of Appeal must be filed in the Circuit Court within the time
provided by the Florida Rules of Appellate Procedure.
4. If within five days prior to the hearing date a violator requests in writing that a
hearing be rescheduled, Code Enforcement, Countv Clerk Division, will
automatically advise the department in writing. The affected department will then
either agree or abject to the continuance request.
5. Upon receipt of the Mandate from the Circuit Court, pertaining to an appeal of a
Dearing Officer's Final Order, where the County is the prevailing party, a letter
will be 'issued to the violator indicating the amount of the civil penalty,
administrative costs, and enforcement costs are due and payable within ten (1 D)
days. The -violator is further advised that if payment is not received or the
violation is not corrected within ten (10) days, a lien shall be placed against the
violator's real or personal property.
6. When appropriate, a Satisfaction of Lien will be fled in the Miami -Dade County
public records.
7. Management 'information —reports --will -be -generated monthly for --distribution,
sequenced by department and badge number, indicating citations paid, citations
complied with, and citations not complied with.
S. A report will be generated on an annual basis, by department, detailing
outstanding violations for the previous year.
9. A report will be generated, and distributed for each department, providing the
estimated cost reimbursement deduction on an ongoing basis.
DEPARTMENT SUPPLEMENTAL COSTS:
Department supplemental costs shall mean certain administrative costs incurred by
using departments while processing continuing violations and levying liens and i
expenses incurred in collection efforts. Department supplemental costs are not
provided for under Chapter 8CC and can only be levied or collected if authorized by
other statutory Code provisions, administrative order or County Commission
approval.
ADMINISTRATIVE REIMBURSEMENT:
In order to cover the actual administrative expenses incurred by the County Clerk
Division in supporting the Cade Enforcement system, the County Clerk shall retain all
original fines and administrative hearing costs assessed by a Hearing Officer, After
deduction of actual administrative expenses, the County Clerk, with concurrence of
the Budget Director, shall annually return to non -general fund issuing departments on
a prorated basis the remainder of retained original fines. The continuing penalties,
enforcement costs and department supplemental costs collected which are not the
result of a settlement agreement shall be distributed to non -general fund issuing
departments on a quarterly basis.
CLOSURE OF OASES:
Cases may be closed in the following circumstances:
I. Where the cMi penalty is paid and the violation corrected of applicable).
i
2. Were the department has settled with the violator, pursuant to this Administrative i
Order.
3. Were the department voids the CVN.
4. Were the Hearing Officer finds the named violator not guilty and no appeal is
taken by the County or issuing municipality.
5. Where there is a final settlement, judgment, order or other resolution of a case by �
a court of competent jurisdiction.
This Administrative Order is hereby submitted to the Board of County Commissioners
of Miami -Dade County, Florida.
M. R. 5tierhelm
Gounty Manager