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Front Page » Government » Miami-Dade requires retailers to accept cash payments

Miami-Dade requires retailers to accept cash payments

Written by on May 17, 2022
  • www.miamitodayepaper.com
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Miami-Dade requires retailers to accept cash payments

County commissioners approved this week new legislation prohibiting retail businesses from refusing to accept cash payments for goods or services.

The decision aims to ensure equal access to in-person retail services by the public and would affect over 200,000 businesses in Miami-Dade.

The ordinance by Sen. René García prohibits retailers from refusing to accept cash as payment or the posting of signs on the premises stating that cash payment is not accepted, and bans charging a higher price to customers who pay by cash than to customers who use another form of payment.

“We’re not saying that you have to use cash, we’re just making sure that there is an option for cash,” Sen. García said.

Violators would face a civil penalty. The first infraction comes as a warning, the second a $100 fine, the third $200, and each subsequent violation would cost $1,000. The ordinance is to be enforced as complaints are submitted to the Regulatory and Economic Resources Department’s Office of Consumer Protection.

Exceptions include refusing to accept cash for sales that are not in person, transactions at retail stores selling consumer goods exclusively through a membership requiring a mobile device, and customer use of cash denominations larger than $20.

Sen. García had postponed the legislation at the prior commission meeting as he continued working with franchises across the county.

“The amendment that I have before you today is an amendment that instructs the sports facilities and venues to ensure that they have at least one reverse ATM machine where people can pay in cash and get a card,” he said. “Everyone seems to be in agreement with that amendment within our venues.”

Commissioner Raquel Regalado said the State of Florida has a Cash Discount Program where people get charged less for using cash, and restaurants and gas stations are using it. “I think it would be great to add that to this ordinance and use the opportunity to educate people,” she said. “It might also help your business because you can give people a cash discount; a lot of retailers don’t even know that that’s a thing.” Sen. García accepted the amendment.

Although the ordinance would not have a fiscal impact on the county, a memorandum from Chief Operations Officer Jimmy Morales says certain municipal agencies, particularly parking authorities, and private businesses that have already established cashless operations may be impacted financially.

“There may be additional operating costs associated with staffing garages and other operations currently configured as cashless in order to facilitate the acceptance and handling of cash,” Mr. Morales wrote.

The legislation came to fruition one year after Sen. Garcia first presented a resolution urging the US Congress to enact legislation prohibiting retail businesses from refusing cash payments and directing the county mayor to provide a report on the feasibility of prohibiting retail businesses in Miami-Dade from refusing to accept cash for goods or services.

The commission adopted that resolution, and Mayor Daniella Levine Cava reported in October last year that it was legal and feasible to pass legislation prohibiting businesses from refusing cash payments.

“The best legislation will take into account the differing needs of Miami-Dade’s various retail businesses, and the associated costs and convenience for both businesses and consumers,” Mayor Levine Cava wrote.

The Miami Parking Authority is almost entirely without cash as part of a policy it began undertaking 10 years ago to be as cashless as possible. The authority operates its parking spaces with a mobile payment system, PayByPhone, or with pay stations.

According to Angel Diaz Jr., operations manager for the authority, it would cost $2 million to $3 million to convert back to a system allowing for cash at its multiple locations, the mayor’s report details.

In some locations of the county, people can also pay for parking with ParkMobile, which only allows mobile payments. Municipalities using both mobile apps include the City of Miami, Miami Beach, Coral Gables, the City of South Miami and Sunny Isles Beach.

In 2008 the City of Miami became the first major US city to accept mobile payments for parking, and since 2008 its usage has grown from 100,000 transactions to over 1 million in 2012, the website of PayByPhone details.

Hard Rock Stadium in the City of Miami Gardens also has a cashless policy but provides on-site locations where people can convert cash into prepaid gift cards for use at the stadium.

The State of Florida has not enacted legislation on this matter, but areas of the nation have. Massachusetts has a 1978 law entitled Discrimination Against Cash Buyers, and New Jersey and Pennsylvania have similar legislation that charges fines of up to $2,500 to violators. The states of Connecticut and Rhode Island, and New York City and San Francisco have such legislation on the books.

3 Responses to Miami-Dade requires retailers to accept cash payments

  1. Shecky

    May 18, 2022 at 2:29 pm

    I can understand cashless parking by mobile app. But what retail store doesn’t want to accept cash? That doesn’t make sense to me. When you go to places like Germany, cash is still the main source of payment everywhere.

  2. Oscar

    May 25, 2022 at 10:22 am

    I hope that this ordinance will apply to the Brightline train stations. I cannot believe that Brightline does not accept cash.

  3. B Ran

    May 27, 2022 at 8:23 am

    I’m fairly sure the resolution/legislation includes a provision wherein businesses can provide a “reverse-ATM”, which will accept cash in exchange for a card with “stored cash value” to be used instead of accepting cash physically. Since it’s also illegal now to charge more for cash transactions, hopefully these “reverse-ATMs” will be free to use.

    This has the potential to help those who don’t have access to banks – as long as there’s no fee to convert cash-to-card. If more no-cost “reverse-ATMs” exist at neighborhood locations, people without a debit/credit card can use that card to pay for anything online as well.

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