Miami-Dade County For-Hire Transportation. Appeals Process & Appellate Procedure. Joe Mora, Director Passenger Transportation Regulatory Division. Miami-Dade County For-Hire Transportation Industries:. Special Transportation Services (STS) Non-emergency
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Appeals Process &
Joe Mora, Director
Passenger Transportation Regulatory Division
The violation of any County ordinance listed in Section 8CC-10 of this chapter shall constitute a civil offense punishable by civil penalty in the amount prescribed by Section 8CC-10.
“Code Inspector” is defined to be any agent or employee of Miami-Dade County whose duty is to assure the enforcement of and compliance with the Code of Miami-Dade County.
“Violators” shall be deemed to be those persons or entities legally responsible for the violation of the ordinances listed.
Chauffeurs – 90%
Companies – 5%
Permit Holders – 5%
These citations can be appealed.Two Types of Citations
A violator who has been served with a civil notice shall elect either to:
(1) Pay the civil penalty within 30 days or
(2) Request an administrative hearing before
a Hearing Officer to appeal the decision
of the Code Inspector.
Request in writing to
clerk of the court
within 20 days.
Violator Appeals 8CC Citation to COC – 20 days within the decision complained
COC sends proposed 8CC monthly calendar to PTRD
PTRD prepares calendar & schedules defendant for hearing.
Calendar is sent back to COC.
EO is notified of hearing date
COC sends violator hearing notice
Violator does not
appear at hearing
Violator appears at hearing
EO appears at hearing
Hearing Officer hears case
Case re-scheduled due to circumstances request done 10 calendar days before scheduled court date.
Violator/defendant guilty – has 30 days to pay citation fee & $75 hearing cost
Violator/defendant not guilty citation closed
Appellate process is not a hearing and not a “de novo process”.
Other costs to violator, e.g. transcribe original hearing
≈ $200 & higher.
County attorney may meet with judges.
Fee to appeal is $250 – done within 30 days of the officer’s decision.
Appeal filed in Miami-Dade County Circuit Court.
Circuit Court notifies violator when to present their brief (waiting period 2-3 months)
Three judges render the decision – review hearing transcript and briefs from violator & County attorney.
Judges decision rendered 3 to 6 months after reviewing the case.Appealing the Hearing Officer’s Decision: The Florida Appellate Process