Item N02County of Monroe
A
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
y
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Mayor Pro Tem David Rice, District 4
�r
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: N2
Agenda Item Summary #2509
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
no
AGENDA ITEM WORDING: Update on possible regulation of vehicles for hire including
traditional taxis, Uber, Lyft, and other similar entities.
ITEM BACKGROUND: A representative of the taxi industry has asked the County to consider
adopting rules and regulations to ensure that transportation network companies ( "TNC "), such as
Uber and Lyft are playing on an equal playing field as traditional taxis. At the December 14, 2016
BOCC meeting, (item N -3), the Board directed the County Attorney to consult with the Tax
Collector to determine if Uber, Lyft and other similar entities in Monroe County are properly
registering with the Tax Collector and paying the same business taxes as required of taxi drivers in
Monroe County. The Board asked the County Attorney to report back to the Board in January with
his findings.
In addition to setting business tax rates by ordinance, the Commission is authorized under Florida
law to adopt ordinances which would "license and regulate taxis, jitneys, limousines for hire, rental
cars and other passenger vehicles for hire that operate in the unincorporated areas" of a county as
part of home rule. F.S. 125.01(1)(n). To date, Monroe County has not adopted any vehicle for hire
regulations other than those limited in applicability to cabs working at the Key West International
Airport. In short, cabs operating at that airport must be licensed by the City of Key West.
In some communities, TNC have started operating and competing against existing taxis companies.
Efforts by other local governments to regulate TNCs have resulted in litigation. The Florida
Legislature considered various bills during the last couple of sessions which would have at least
limited if not outright pre- empted the ability of local governments to regulate the industry. Similar
bills are expected to be considered during the 2017 session.
When legislating in other fields, the Legislature has limited pre- emption by grandfathering in local
regulations that were in effect before a particular date (e.g. vacation rentals). Staff needs direction
on whether the Commission supports expending staff resources in researching and drafting proposed
vehicle for hire regulations on an expedited basis in anticipation that the Legislature might preempt
the County from enacting similar regulations in the future.
PREVIOUS RELEVANT BOCC ACTION: At October 19, 2016 meeting, Board asked the
County Attorney to schedule an item for discussion and direction on this issue.
12/14/16 BOCC (N -3) The Board directed the County Attorney to work with the Tax Collector to
determine if Uber, Lyft and other similar entities in Monroe County are properly registering with the
Tax Collector and paying business taxes as required of taxi drivers in Monroe County and to report
back to the Board in January with his findings.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: None.
DOCUMENTATION:
Miami Herald Article on status of Uber Lyft bills in 2016 Legislature
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
None.
REVIEWED BY:
Bob Shillinger Completed 12/23/2016 11:03 AM
Kathy Peters Completed 12/23/2016 11:22 AM
Board of County Commissioners Completed 01/18/2017 9:00 AM
STATE POLITICS MARCH 10, 2016 2:11 PM
Plan to regulate Uber, Lyft all but dead in Florida Legislature
HIGHL16HT5
House, Senate can't agree on whether local governments should regulate ride - sharing companies
Taxi industry is regulated locally, but newer ride - sharing companies don't want to be subject to that
There's only one day left in legislative session to resolve impasse
1of4 > C
BY MICHAEL AUSLEN
Herald /Times Tallahassee Bureau
TALLAHASSEE — After months of arguing over how to regulate companies like Uber and Lyft, state lawmakers are back where they started: A
lingering disagreement that is likely to drive the bill off a cliff on Friday, the last day of the legislative session.
The Florida House and Senate cannot agree on how to address local governments' regulations of ride - sharing companies. The trouble is the taxicab
industry, which has historically been regulated by local officials. The newer tech companies want to be free from county rules and outright bans thal
they have faced in some jurisdictions.
While the Senate's rules allow the issue to come up Friday, the differences between that chamber and the House are vast.
"We're just kind of at an impasse," Senate President Andy Gardiner , R- Orlando, said, acknowledging little likelihood of a deal. "Just keep the faith.
There's always next year."
The Florida House in January passed legislation on a near - unanimous vote that would set insurance and background check requirements for the ride
sharing companies and prevent local governments from adding their own regulations or outright bans.
But Senate leaders have refused to put that language into their proposed bill, sponsored by Sen. David Simmons, R- Altamonte Springs. He favors
settling the insurance issue without overruling local regulators' decisions.
After a 10- minute speech Thursday afternoon, Simmons postponed a vote on two competing proposals.
With one day left in the legislative session, that's essentially a kiss of death.
"We can get a piece of this solved," Simmons said. Senate leaders, he said, have made "really big concessions" to the ridesharing companies.
But ride - sharing companies and their allies say preemption is essential.
"If I go from my home in Fort Walton Beach, Fla., to my favorite restaurant in Pensacola, Fla., I'm going to drive through seven different political
subdivisions," Republican Rep. Matt Gaetz said. "Does anyone really believe that there should be seven different sets of rules for ride - sharing
companies ?"
What's more, Sen. Jeff Brandes, R -St. Petersburg, who has been pushing the House's bill in the Senate, said he has the support of more than half tht
chamber.
"President Gardiner has always been telling us, `Don't fear the debate.' " he said. "We have yet to have the debate on ride sharing."
The result isn't surprising.
Gardiner, who is close friends with the owner of Orlando cab company Mears Transportation, said before the legislative session began that he
opposes preempting local governments.
But Uber has targeted the Senate president with an ad blitz in Tallahassee and Orlando and mailers sent to his constituents. Thursday afternoon, the
company delivered 32,500 signed petitions to his office in the Capitol.
In fact, all sides have turned to Tallahassee to fight the battle. Uber is paying at least 30 lobbyists this year while Lyft recently recruited former
Florida Attorney General Bill McCollum as an advocate, and taxi companies have hired more than a dozen lobbyists.
Insurance companies have been entrenched in the debate, too, as any plan coming out of the Legislature is likely to allow them to create new
insurance plans with high limits for ride - sharing drivers.
Contact Michael Auslen at inauslengtampa bay. coin. Follow CaMichaelAuslen.
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