HomeMy WebLinkAboutO-2026-025 Amending FeesORDINANCE NO. 2026-025
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED
“ADMINISTRATION” BY CREATING A NEW SECTION ENTITLED
“ELECTRONIC PAYMENT PROCESSING SURCHARGES” TO AUTHORIZE
THE CITY TO RECOVER ELECTRONIC PAYMENT PROCESSING COSTS
AS AUTHORIZED BY SECTION 215.322(5), FLORIDA STATUTES;
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the acceptance of electronic payments provides a convenient payment option
for residents, businesses, and visitors, but results in electronic processing fees that are currently
borne by the City; and
WHEREAS, the City Commission recognizes that convenience fees are intended solely to
recover the actual costs associated with processing electronic payment transactions and are not
intended to generate additional revenue for the City; and
WHEREAS, Section 215.322(5), Florida Statutes, expressly authorizes units of local
government, including municipalities, to accept electronic payments for financial obligations
owing to the local government and to surcharge persons utilizing such payment methods in an
amount sufficient to pay the applicable service fee charges; and
WHEREAS, the City Manager directed staff to evaluate the feasibility of recovering
electronic payment processing costs for designated non-utility transactions through the City's
authorized third-party payment processors; and
WHEREAS, staff coordinated with each affected department and its respective payment
processor to evaluate implementation requirements, fee schedules, contractual considerations, and
implementation timelines; and
WHEREAS, the City Attorney has reviewed the proposed implementation and advised
that the City may authorize the assessment of electronic payment processing surcharges, subject
to applicable law, contractual obligations, and payment card network operating rules; and
WHEREAS, the City Commission finds that authorizing, electronic payment processing
surcharges is in the best interest of the City because it allows the recovery of electronic payment
processing costs while continuing to provide convenient, secure, and efficient payment options to
the public.
2 ORDINANCE #2026-025
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 2 entitled the “Administration”; is amended as follows:
* * *
CHAPTER 2
ADMINISTRATION
* * *
2-18 2-19 through 2-25 Reserved.
Sec. 2-18. Electronic Payment Processing Surcharges. 2-18 through 2-25 Reserved.
(a) Authority and Purpose. Pursuant to Section 215.322(5), Florida Statutes, the City may accept
payment by credit card, charge card, bank debit card, electronic funds transfer, and other
authorized electronic payment methods for financial obligations owing to the City and may impose
an electronic payment processing surcharge in an amount sufficient to pay the applicable service
fee charges imposed by the financial institution, payment processor, credit card company, or other
authorized electronic payment provider.
The surcharge authorized by this section is intended solely to recover electronic payment
processing costs and shall not be established or administered for the purpose of generating
additional City revenue. A payment processor may refer to such charge as a “convenience fee” or
other similar terminology as required by the applicable payment platform or payment-card network
rules.
(b) Calculation of Surcharge. To the extent supported by the applicable payment platform, the
surcharge may reflect the actual processing charge imposed for the transaction, which may consist
of a percentage of the transaction amount, a fixed per-transaction charge, or a combination thereof.
Where the actual processing charge cannot reasonably be passed through directly because of the
configuration or functionality of the applicable payment platform, the City may establish a
documented blended rate reasonably calculated to recover the processing costs attributable to the
applicable payment platform or payment category. Any blended rate shall be periodically reviewed
and adjusted as necessary to ensure that it remains reasonably related to the processing costs the
surcharge is intended to recover.
(c) Applicable Transactions. The electronic payment processing surcharge may be assessed on
financial obligations owing to the City, including, but not limited to, permit fees, Certificates of
3 ORDINANCE #2026-025
Use, marina services, parks and recreation transactions, cemetery transactions, Business Tax
Receipts, parking permits, parking meter transactions, pier-related payments, fines, zoning fees,
and other authorized municipal revenues. The surcharge shall not apply to utility payments or
public records unless subsequently authorized by the City Commission.
(d) Implementation by Resolution. The City Commission shall establish the applicable electronic
payment processing surcharge schedule by resolution. The resolution may establish different
surcharge amounts or methodologies based upon the applicable payment processor, payment
platform, payment category, or processing costs.
The City Manager, or designee, may implement the authorized surcharges on a department-by-
department or platform-by-platform basis as the applicable payment processors complete
necessary configuration, testing, contractual, and implementation requirements.
(e) Administration and Vendor Agreements. The City Manager, or designee, is authorized to
administer the electronic payment processing surcharge program and to execute implementation
documents and amendments necessary for its administration to the extent such documents are
within the City Manager's existing contracting authority. Any agreement or amendment requiring
City Commission approval under otherwise applicable City requirements shall be submitted to the
City Commission for approval. All such documents remain subject to review and approval by the
City Attorney as to form and legal sufficiency.
* * *
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4. It is the intention of the Mayor and City Commission of the City of Dania
Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or other appropriate word.
Section 5. That this Ordinance shall be effective immediately after passage on second
reading.
PASSED on first reading on August 25, 2026.
PASSED AND ADOPTED on second reading on September 14, 2026.
First Reading:
Motion by: Commissioner Rimoli.
Second by: Commissioner Lewellen.
Second Reading:
4 ORDINANCE #2026-025
Motion by: Commissioner Lewellen.
Second by: Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY