Survey of Laws and Regulations of Airport Commercial Ground Transportation (2008)

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46 FLORIDA Statewide Regulations The State of Florida generally regulates motor vehicles operating or based in the state. Fla. Stat. § 23.316-325 (2007). For more information, contact the Florida DOT at (850) 414-4100 or online at http://www.dot.state.fl.us/. Case History “A government agency and municipal airport filed a motion for summary judgment in an action [brought] by an association of non-concessionaires alleging a conspiracy to restrain trade, create a monopoly, and fix prices in commercial ground transportation to and from an airport.” The District Court granted the motion for summary judgment, finding that “when a state gives an agency the authority to negotiate contracts with businesses…for the development and expansion of an airport…the agency's actions pertaining to ground transportation services…are immunized.” Golta, Inc. v. Greater Orlando Aviation Auth., 761 F. Supp. 778, 781 (M.D. Fla. 1991). The “plaintiff limousine company and defendant, the Hillsborough County Aviation Authority, [each] filed [cross] motions for summary judgment on the company's claim challenging the constitutionality of the airport ground transportation policy.” The District Court granted the Hillsborough County Aviation Authority’s motion, denied the limousine company’s motion, and held that “the [Authority’s] power to completely ban limousine operators includes the lesser power to limit advertising and solicitation and to grant a contractual privilege to another carrier.” Astro Limo. Serv., Inc. v. Hillsborough County Aviation Auth., 678 F. Supp. 1561, 1566 (M.D. Fla. 1988). Florida—Fort Lauderdale/Hollywood International Airport (FLL) Overview FLL is owned and operated by Broward County. The County Code is the primary source of regulation at FLL. FLL is a semi-closed system. Local Broward County Code of Ordinances Cited as: Ordinance § x-xx Ch. 2, art. 3, div. 2—Prearranged Ground Transportation at FLL (2007). Permits Operators of vehicles with more than 20 seats must obtain a permit from the Aviation Department. Ordinance §§ 2-49, 50. Those with less than 20 seats must contact the County Consumer Affairs Department per Broward County, Fla., ch. 22 1/2, § 2-46.

47 Holders must generally comply with FLL rules of conduct, and only operate in accordance with the terms of the permit. Ordinance §§ 2-49, 50. Permit holders must display a decal on each vehicle and drivers must carry an airport ID. Ordinance § 2-46. Operator documentation requirements include insurance coverage, proof of vehicle inspections, employee records, and fee payments. Ordinance §§ 2-51, 56. Permit holders must pay an annual fee and a per-trip fee. Prearranged Ground Transportation Permit Summary (2007). Violations Permits may be denied or revoked for a number of reasons. Ordinance § 2-47. Parties may request an administrative hearing before a hearing officer. Further appeals are to be made in the local courts. § 247. Ch. 2, art., 3 div. 5—Off-Airport Motor Vehicle Rental Operations (2007). Permits and Operations Operators wishing to access the airport roadways for commercial purposes must obtain department authorization. Ordinance § 2-111. Operators must pay a fee based on monthly revenues. Ordinance § 2-114. Insurance requirements are based on vehicle type and operation and set by the Broward County Risk Management Division. Ordinance § 2-115. Violations Permits may be denied or revoked for a number of reasons. Parties may request an administrative hearing before a hearing officer. Further appeals are to be made in the local courts. § 2117. Case History Even though FLL is located within the limits of the City of Fort Lauderdale, the city may not impose its occupational license fees upon a car rental concessionaire located on the airport property. Fla. Stat. ch. 125.015 (1985) gives exclusive jurisdiction to Broward County, FLL’s exclusive owner, to do so. Dania v. Hertz Corp., 518 So. 2d 1387 (Fla. 4th Dist. Ct. App. 1988).

48 Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of FLL are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Fort Lauderdale is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (866) I-FLY-FLL Florida—Jacksonville International Airport (JAX) Overview JAX is owned and operated by the Jacksonville Airport Authority. The authority is overseen by a Board of Commissioners. The Rules of the Board are the primary source of regulation at JAX. JAX is a semi-closed system. Local Airport Authority Rules Cited as: Authority Rules § x-x (2002). For-Hire Transport Drivers may not solicit fares, refuse short-haul trips, or pick up customers without an operating agreement. Authority Rules § 8 (2002). Courtesy Vehicles Vehicles must be identified and drivers may not solicit passengers. Authority Rules § 8 (2002). Violations The director may impose fines and suspensions, or revoke operating privileges of an operator who has been investigated and found to have violated authority policy. Authority Rules § 7 (2002). Rates and Charges There are nine different fees collected by the authority: 1. Permit fee. 2. Application fee and security deposit. 3. Per trip charges. 4. Wait time fees. 5. Casual/infrequent user fees. 6. Meet and greet fee. 7. Meet at the gate fee. 8. Taxi/shuttle fee. 9. Off-airport operations fee. Authority Rules § 5 (2002).

49 Operating Procedures JAX restricts commercial operations to designated lanes and prohibits solicitation. Authority Rules § 4 (2002). Vehicles may access the commercial lane with an access card. Authority Rules § 4 (2002). Upon entering the commercial lane, the driver must provide all required documentation and fees to the ground transportation booth. Id. Operators must arrange all meet-and-greets ahead of time with the Operations Department. Authority Rules § 4-j (2002). Car Rentals Rental companies must either abide by authority rules requiring payment of an off- airport operating fee or enter into an operating agreement with the authority. Authority Rules § 8 (2002). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of JAX are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Jacksonville is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (904) 741-4902 Media Relations (904) 741-2726 Airport Authority (904) 741-2000 Florida—Orlando International Airport (MCO) Overview The primary ground transportation regulations for MCO are the Greater Orlando Airport Authority’s (GOAA) Ground Transportation Rules and Regulations for Orlando International Airport. The Greater Orlando Airport Authority is an independent board with authority to regulate the planning, financing, construction, and operation of aviation facilities. Orlando, Fla., Municipal Code ch. 13 § 3 (2007). All City of Orlando Ordinances shall apply at MCO. Orlando, Fla., Municipal Code ch. 13 § 17 (2007). MCO is a semi-closed system. Local Greater Orlando Airport Authority Ground Transportation Rules and Regulations Cited as: GOAA Rules and Reg. § x.x (2006).

50 Permit Requirements The airport issues permits to all commercial vehicle operators. Different permits are issued for different types of operations. GOAA Rules and Reg. § 3.2 (2006). In order to receive a permit, operators must provide a security deposit and provide documentation of insurance coverage and minimum credit levels. GOAA Rules and Reg. §§ 4.1, 4.2, 4.7 (2006). Authorized operators are issued a decal and barcode by the GOAA. All decals must be properly displayed. GOAA Rules and Reg. § 3.8 (2006). Operating Rules GOAA rules govern the general operations of commercial transporters at MCO. GOAA Rules and Reg. §§ 5, 6 (2006). These regulations include solicitation restrictions, vehicle standards, driver conduct, traffic rules, operation location restrictions, and parking rules. Id. Taxicab and Shuttle Operations Taxicabs and shuttles must use their designated pickup and drop-off lanes, starter system, and holding areas, and follow special operating rules. GOAA Rules and Reg. § 7 (2006). Special operating rules include a prohibition on short-haul refusals and extra documentation requirements. Id. Fees The GOA charges dwell, pickup, privilege, and taxi starter fees. Fees are collected through the Authority Electronic Control Devices. GOAA Rules and Reg. § 8.1 (2006). Fees are published in GOAA rules, and billings are collected on a regular schedule. GOAA Rules and Reg. § 8.5 (2006). Off-airport parking and car rental services must provide the GOAA with regular reports of all receipts and a schedule of fee payments. GOAA Rules and Reg. § 8.8 (2006). These operators are also responsible for maintaining proper records in accordance with GOAA Rules and Reg. §§ 11-12 (2006). Violation Procedures, Appeals, and Fines GOAA rules specify fees and penalties for rule violations. GOAA Rules and Reg. § 9 (2006). Violators are fined according to a predetermined schedule, and multiple violations may be

51 grounds for suspension. GOAA Rules and Reg. § 9.9 (2006). Operators accused of violations are sent a NOV and shall have the right to request a hearing. GOAA Rules and Reg. §§ 10.1-10.3 (2006). The hearing will be held in front of the Ground Transportation Committee and will be held according to administrative hearing rules outlined in GOAA Rules and Reg. § 10 (2006). Violators may appeal the results of their hearing to the airport executive director. The director’s decision shall be final. GOAA Rules and Reg. § 10.6 (2006). Orlando Municipal Code All City of Orlando Ordinances, except zoning laws, are valid at MCO. Cited as: Municipal Code ch. 13 § 17 (2007). Orlando Parking and Traffic Code The Orlando Code provides general citywide parking and traffic regulations. City rules are enforced by the Orlando Police Department. Municipal Code ch. 39 (2007). For-Hire Passenger Vehicles For-hire passenger vehicles must meet city operating standards for driver and operator conduct, vehicle and company insurance, and service requirements. In addition, all commercial operators must possess proper permits. Municipal Code ch. 55 (2007). Driver or operator violations are prosecuted under city administrative rules and procedures. Id. Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mile radius of MCO are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Orlando is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information City of Orlando: http://www.cityoforlando.net City Transportation Department (407) 246-2522 GOAA (407) 825-2001 GOAA Permitting and Enforcement (407) 825-2235

52 Florida—Miami International Airport (MIA) Overview MIA is owned and operated by the Miami-Dade County Department of Aviation. The main source of commercial ground transportation regulation is the Aviation Department Rules and Regulations. MIA is a semi-closed system. Local Miami–Dade County Department of Aviation Rules and Regulations Cited as: Aviation Rules and Regs. OD no. xx-xx (2002) Taxicabs Taxicab owners and drivers must obtain permits or be generally licensed by the county before picking up passengers, and they must obtain permits, badges, and AVI tags prior to operating. Aviation Rules and Regs. OD no. 81- 42 (2002). All drivers must be licensed by and comply with Miami-Dade County’s conduct and duty rules, privilege restrictions, multiple loadings rules, short trip requirements, loading and unloading procedures, and fee requirements, as identified in the Miami–Dade County Code, ch. 31 (2007). Airport Regional Taxi Service (ARTS)—ARTS provides flat rate fares within predetermined geographic zones. Aviation Rules and Regs. OD no. 81-42 (2002). Taxicabs may provide service through ARTS provided they are licensed by the Dade County Passenger Transportation Regulatory Division and comply with airport operational rules. Id. Other Ground Transportation All other commercial ground transporters must obtain a permit from the airport. Generally MIA contracts with service providers. MIA makes no guarantee that permits will be available. Aviation Rules and Regs. OD no. 24 § 4 (2002). There are five classes of permits: General Class A—Prearranged Service General Class B—Commercial Service General Class C—Crew Service General Class D—Delivery Service General Class E—Expedite Service Aviation Rules and Regs. OD no. 24 § 5 (2002).

53 Permits are divided into subsections. Different permits bestow different rights upon permit holders. Id. Limousine/Courtesy Vehicles/Buses Before offering regularly scheduled bus or shuttle service, an operator must obtain an Airport Operating Permit by meeting extensive documentation and insurance requirements. Dept. of Aviation Rules and Regs. OD no. 24 §§ 4, 5 (2002). Vehicles may only operate in authorized locations, and are inspected and issued decals by the airport administration. Aviation Rules and Regs. OD no. 24 §§ 4, 5, 6 (2002). Suspensions and Appeals Taxicab permits may be suspended or revoked by airport officials. Aviation Rules and Regs. OD no. 81 (2002). Generally, violations are prosecuted in the Dade County Courthouse in accordance with the appropriate sections of its Municipal Code. Miami–Dade County Code, ch. 25 § 1.7 (2007). Fines shall not exceed $500. Id. County Regulations The County Code provides additional authority for the airport board and director to generally regulate ground transportation at MIA. The director may issue operational directives as needed to fulfill county law and the mission of the airport. Miami–Dade County Code, ch. 25 § 1.2 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of MIA are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Miami is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (305) 876-7000 Permit Office (305) 876-7025 Parking (305) 876-7536 Ground Transportation (305) 876-7024

54 Florida—Palm Beach International Airport (PBI) Overview Palm Beach County, through its Department of Airports, operates and maintains PBI. The primary source of regulation is the Palm Beach County Ordinances. The Ordinances are created by the county under authority from Chapter 125 of the Florida Statutes. PBI is a semi-closed system. Local Palm Beach County Ordinances Cited as: Ordinances § x-x (2007). Records and Permits Taxicabs, buses, limos, shuttles, courtesy vehicles, and other for-hire vehicles must obtain a valid ground transportation permit issued by the department or be a party to the department's ground transportation concession agreement. Ordinances § 10-2 (2007). Commercial vehicle operators must carry liability insurance. Ordinances § 19-220 (2007). Vehicle Operations Vehicles shall be operated in adherence with state laws. Ordinances § 6-1 (2007). Commercial vehicle operators may only transport persons and/or their baggage from areas designated as “ground transportation parking zones.” Ordinances § 10-2 (2007). Commercial vehicles must be clean and in proper working order pursuant to the Vehicle Safety Requirements of the Ordinances. Ordinances § 19-218 (2007). Driver Rules Drivers must obtain a county vehicle-for-hire driver’s identification badge in addition to a state driver’s license. Ordinances § 19-221(a) (2007). Drivers must submit to a screening process and meet criminal record requirements. Ordinances § 19-221(a) (2007). Suspensions and Appeals Failure to comply with the Ordinances may result in prosecution as a second degree misdemeanor. Ordinances § 1-6 (2007). Suspension or revocation of permit may occur if after a hearing it is determined that a driver has violated any applicable provision of the

55 ordinances. Ordinances § 19-222 (2007). Any individual, driver, or vehicle-for-hire company that has been denied a county permit/ID badge by the division may appeal the decision to the consumer affairs hearing board/special master within 20 days of receipt of the decision. They may appeal a suspension or revocation within 30 days of the decision. Ordinances § 19-222 (2007). Case History Fifteen limousine drivers brought suit seeking back pay for overtime work under the Federal Fair Labor Standards Act (FLSA). Under the Act, the employer of any workers employed as taxicab drivers is exempt from the FLSA overtime provisions. 29 U.S.C. § 213(b)(17). The District Court held that an employer of limousine drivers was not exempt, however, because the exemption was a narrow one. The limousine operators were not taxicab services. They were advertised as “limousine services” and not taxicab operations, the vehicles were not metered, and the drivers did not cruise for passengers. Powell v. Carey Int'l, Inc., 483 F. Supp. 2d 1168 (S.D. Fla. 2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of PBI are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of West Palm Beach is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (561) 471-7420 Ground Transportation (561) 684-9900 Florida—Southwest Florida International Airport (RSW) Overview RSW is operated by the Lee County Port Authority. The port is owned by Lee County. Port regulations are written by the County Commissioners and are part of the County Code. RSW is a semi-closed system. Local Lee County Code Cited as: County Code § x.xx (2007) Records and Permits All commercial operators must obtain an Airport Operating Permit. County Code § 3.01 (2007).

56 Permits are not issued until extensive documentation and insurance requirements are met. County Code § 9 (2007). Permit fees are set by the Port Authority and will vary based on the type and scope of airport operations. County Code § 9.00(b) (2007). Demand Vehicles Vehicles must comply with airport rules, accept all fares, and use only the designated operations areas. County Code § 9.01 (2007). Courtesy Vehicles Drivers may not solicit passengers and must comply with general commercial conduct rules. Passengers may only be loaded in designated zones. County Code § 9.04 (2007). Car Rental Companies On-site car rental companies and off-site companies serving airport passengers must assess the Car Rental Facility Charge on all their rentals. County Code § 11.06 (2007). Penalties The port may set fines for violations not to exceed certain limits imposed by the county. County Code § 3.54 (2007). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of RSW are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Fort Myers is exempt. 49 U.S.C.S. § 13506 (2007). Contact Information General Information (239) 590-4800 Business and Advertising (800) 628-6800, ext. 434 Parking (239) 768-6296 Florida—Tampa International Airport (TPA) Overview TPA is owned and operated by the Hillsborough County Aviation Authority (HCAA). The primary source of TPA regulation is HCAA policy. The HCAA is given broad authority under the Hillsborough County Code to regulate transportation at TPA. TPA is a closed system. Local Hillsborough County Aviation Authority Policy Cited as: HCAA Policy xxx § x (200x).

57 General Operating Rules All drivers must comply with the airport’s conduct and duty rules, privilege restrictions, multiple loadings rules, short trip requirements, loading and unloading procedures, and fee requirements. HCAA Policy 310 § (b) (2005). HCAA rules only extend as necessary to promote the authority policy. Federal and state jurisdiction generally applies. HCAA Policy 310 § (f) (2005). The authority has a general power to collect fees and establish regulations where necessary. HCAA Policy 310 § (e) (2005). Only drop-offs and prearranged pickups are permitted without special authorization from the authority. HCAA Policy 340 § 8.1 (2004). Taxicabs Operators must have a permit or contract with the HCAA before operating at the airport. HCAA Policy 310 § (a) (2005). Suspensions and Appeals The director may order operators to cease operations at TPA following a violation. HCAA Policy 340 § 9.2 (2004). The operator may request that the director reconsider an order to cease operations. The director shall appoint a fact-finding commission who will report to the director. The director shall then make a final decision. HCAA Policy 340 § 9.3 (2004). The director’s final decision can be appealed by requesting an informal hearing before the Airport Board. The board’s decision is the final administrative review, and further appeals must be made in the District Court. HCAA Policy 340 § 9.3 (2004). Courier Services Delivery and courier services are not permitted to use the public pickup and drop-off locations. Operators should either use the commercial loading docks or develop a procedure with individual airlines. HCAA Policy 305 (2002). Federal Jurisdiction Vehicles carrying passengers with immediate prior or subsequent movement by air and staying within a 25-mi radius of TPA are exempt from FMCSA regulations. 49 C.F.R. § 372.117 (2007). Transportation within the municipal limits of Tampa is exempt. 49 U.S.C.S. § 13506 (2007).

58 Contact Information Airport Information (813) 870-8700 Airport Police (813) 870-8760 Ground Transportation (813) 870-8718 Operations (813) 870-8750