Okaloosa County BOCC — May 19, 2015 — Airport Staff Summary

App-based “ride share” car services have generated significant controversy at Airports throughout the United States by attempting to evade permitting requirements adopted to protect first the arriving airport passenger’s safety and security, and second mitigate the liability risk that would otherwise be assumed by the airport and its operator, and finally the FAA grant assurances require airports to operate as self sustaining enterprises in an economically non-discriminatory manner. The County’s Ground Transportation Policy – Ordinance 14-01 is primarily intended to protect passengers and requires operator/driver background checks, Occupational License and/or Business Tax Receipt through the County’s Tax Assessor’s, Articles of incorporation checks through SUNBIZ if doing business under another or fictitious name, a 3-year motor vehicle record check through the DMV, an inspection of the vehicle for safety, required certificate of insurance $300K combined single limit liability with certificate for each operator and vehicle and the certificate naming the County as additional insured and holding the County harmless, Signature of affidavit that they hold the County harmless and have received a copy of the Ordinance and payment of an annual permit fee of $400. Destin-Fort Walton Beach Airport often receives calls from parents whose kids are on spring break or travelling as exchange students asking about the taxi service at the airport. The introduction of app based operators who are unregulated and operate without identification, permit decals and proper liability coverage and are of unverified background pose a risk to the airport’s customers and its ground transportation providers who play by the rules. The County’s airport is federally obligated, and creating an uneven market condition will be treated by the FAA as a violation of the grant assurances and obligations. The only way to bring such operators onto the Airport is to either insist they comply with the existing policy or modify the policy to enable all operators an even economic opportunity. Very few airports have reached agreements with app-based “ride-share” operators including Uber, Lyft and Sidecar. Those that have done so, including San Francisco, have done so under strict regulatory permitting and fee based standards involving GPS based vehicle tracking, designated staging areas and electronic geo-fence monitoring for revenue collections. Others are in protracted litigation. Per the Florida Airports Council, Ride Share Services (Transportation Network Companies) - Florida’s airports must preserve their ability to regulate and charge commercial operators operating on airport property and to maintain compliance with FAA grant assurances. Status: House Bill 817 creates a regulatory framework for transportation network companies including a provision that preempts license and regulations to the State and allows airports to charge a fee for use of airport facilities. The Bill died in the House. Senate Bill 1326 is referred and resides in its first committee of reference – Regulatory Affairs. SB 1298 containing provisions for minimum insurance requirements on short-term rentals and transportation network companies passed the Senate. These Bills seem to be another causality of the Regular Session. However, in an Associated Press article on 5/6/2015, San Francisco –based ride-booking service Uber is said to have reached out to its users and supporters in Florida to encourage the Gov. Rick Scott, House Speaker Steve Crisafulli and Senate President Andy Gardiner to take up a bill during the upcoming “special session”. Uber has not made clear which bill the company prefers.