House Staff Analysis — PCS for HB 445, Transportation Network Companies (Florida, 2022)

Summary

House of Representatives staff analysis of PCS for HB 445, Transportation Network Companies, with the Tourism, Infrastructure & Energy Subcommittee named as sponsor, dated 2/1/2022. The analysis states that the bill limits the pickup fee that an airport or seaport may charge a TNC, and appears to effectively limit pickup fees for taxicab companies. It includes tables of TNC pickup fees charged at Florida commercial service airports as of August 2020 and at seaports offering cruise ship departures and arrivals. The analysis states that the bill does not appear to have a fiscal impact on state government and may have a negative fiscal impact on counties, municipalities, and special districts that operate airports and seaports.

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Issuer: Congressional materials
Document type: 2022 3103 Tourism Infrastructure Energy Subcommittee Proposed Committee Bill Analyses Fn P
Case: 2022 3103 Tourism Infrastructure Energy Subcommittee Proposed Committee Bill Analyses Fn Pcs0445 Tie

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“House Staff Analysis — PCS for HB 445, Transportation Network Companies (Florida, 2022).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3103-tourism-infrastructure-energy-subcommittee-proposed-committee-bill-analyses-fn-pcs0445-tie/, SHA-256 055679e85789a1aca38095acf8213c73f3179dfe8a5ba76d07f01a2707f945c2.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 445 Transportation Network Companies
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Tourism, Infrastructure & Energy Johnson Keating
Subcommittee

SUMMARY ANALYSIS
In 2017, the Legislature adopted a regulatory framework for the operation of transportation network companies
(TNCs) in the state. Pursuant to Florida law, a TNC is an entity that provides prearranged rides through the use
of a digital network that connects a TNC driver with riders. Examples of TNCs operating in Florida include Uber
and Lyft.

Florida law prohibits most local regulations of TNCs, but does not prohibit airports and seaports from charging
reasonable pickup fees to TNCs for the use of airport or seaport facilities, provided that those fees are
consistent with fees charged to taxicab companies.

The bill limits the pickup fee that an airport or seaport may charge a TNC to $2 per pickup. The bill appears to
effectively limit the pickup fees for taxicab companies at $2 per pickup, given the requirement that pickup fees
charged to TNCs be consistent with those charged to taxicab companies.

The bill does not appear to have a fiscal impact on state government. The bill may have a negative fiscal
impact on counties, municipalities, and special districts that operate airports and seaports that currently impose
TNC pickup fees of greater than $2 per pickup.

The bill has an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0445.TIE
DATE: 2/1/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Transportation Network Companies

In 2017, the Legislature adopted a regulatory framework for the operation of transportation network
companies (TNCs) in the state.1 Pursuant to Florida law, a TNC is an entity that provides prearranged
rides through the use of a digital network that connects a TNC driver with riders. 2 A TNC is not deemed
to own, control, operate, direct, or manage the TNC vehicles or TNC drivers that connect to its digital
network, except where agreed to by written contract, and is not a taxicab association.3

Florida law prohibits a county, municipality, special district, airport authority, port authority, or other
local governmental entity or subdivision from:
 Imposing a tax on, or requiring a license for a TNC, a TNC driver, or a TNC vehicle if such tax
or license relates to providing prearranged rides;
 Subjecting a TNC, a TNC driver, or a TNC vehicle to any rate, entry, operation, or other
requirement of the county, municipality, special district, airport authority, port authority, or other
local governmental entity or subdivision; or
 Requiring a TNC or a TNC driver to obtain a business license or any other type of similar
authorization to operate within the local governmental entity's jurisdiction.4

However, the law does not prohibit an airport or seaport from charging reasonable pickup fees to TNCs
consistent with any pickup fees charged to taxicab companies at that airport or seaport for the use of
the airports’ or seaports’ facilities.5

Airports

Florida is home to 20 commercial service airports and 100 general aviation airports.6 Commercial
service airports are publicly-owned airports that have at least 2,500 passenger boardings each year
and receive scheduled passenger service. General aviation airports are airports that do not have
scheduled service or have less than 2,500 passenger boardings each year. 7

Florida’s commercial service airports range in size from large-hub airports 8 with over 20 million annual
passenger boardings to small municipal airports with approximately 10,000 annual passenger
boardings.9 In Florida, commercial service airports operate as either departments of a municipality or
county or as a special district.

Federal Aviation Administration grant assurances require an airport to maintain a fee and rental
structure for the facilities and services at the airport which will make the airport as self-sustaining as

1 Ch. 2017-12, Laws of Fla.
2
S. 627.748(1)(e), F.S.
3 S. 627.748(1), F.S.
4 S. 627.748(17)(a), F.S.
5 S. 627.748(17)(b), F.S.
6 Florida Department of Transportation, Florida Aviation System Plan 2021 Annual Report, p. 3.

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/aviation/fasp-elevate-2021-brochure_final.pdf (last visited Nov. 15,
2021)
7 49 U.S.C. § 47102.
8 A subset of commercial airports is large-hub airports. Large-hub airports are commercial service airports that have at least 1 percent

of the passenger boardings in the United States.
9 FAA, Commercial Service Airports, Rank Order based on calendar year 2019, Sep. 25, 2020,

https://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passenger/media/cy19 -commercial-service-enplanements.pdf
(last visited Nov. 15, 2021).
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DATE: 2/1/2022
possible under the circumstances existing at the particular airport, taking into account such factors as
the volume of traffic and economy of collection.10

The table below shows a sample of the current TNC pickup fees being charged at Florida commercial
service airports as of August 2020:11

Airport Owner/Operator Pickup Fee
Orlando Greater Orlando Aviation Authority $5.80
Tampa Hillsborough County Aviation Authority $5
St. Pete/Clearwater Pinellas County $4
Jacksonville Jacksonville Aviation Authority $3.25
Ft. Lauderdale/Hollywood Broward County $3
Tallahassee City of Tallahassee $3
Punta Gorda Charlotte County Airport Authority $3
Key West Monroe County $3
Southwest Florida (Ft. Myers) Lee County Port Authority $3
Orlando/Sanford Sanford Airport Authority $2.75
Sarasota/Bradenton Sarasota Manatee Airport Authority $2.50
Miami Miami-Dade County $2.50
Daytona Beach Volusia County $1.50
Gainesville Gainesville Alachua County Regional Airport $1
Authority

Seaports

Florida is home to 15 deepwater seaports,12 which may be operated as a department of a municipality
or county or as a special district. Five of the state’s deepwater seaports offer cruise ship departures
and arrivals. The table below shows current TNC pickup fees being charged at Florida seaports offering
cruise ship departures and arrivals:13

Seaport Owner/Operator Pickup Charge
Port Canaveral Canaveral Port Authority $4
Miami Miami-Dade County $2
Everglades (Ft. Lauderdale) Broward County $2
JAXPORT Jacksonville Port Authority $3
Tampa Bay Tampa Port Authority $0

Effect of the Bill

This bill limits the pickup fees that airports and seaports may charge TNCs to $2 per pickup. Due to
existing law requiring that pickup fees charged to TNCs be consistent with those charged to taxicab
companies at the same airport or seaport, the bill appears to effectively limit the pickup fees for taxicab
companies to $2 per pickup.

The bill has an effective date of July 1, 2022.

B. SECTION DIRECTORY:
Section 1 Amends s. 627.478, F.S., relating to transportation network companies.

10 Federal Aviation Administration, Airport Sponsor Assurances, February 2020, p. 1 1.

https://www.faa.gov/airports/aip/grant_assurances/media/airport-sponsor-assurances-aip-2020.pdf (last visited Jan 30, 2022).
11 Attachment to e-mail from Lisa Waters, President, Florida Airports Council, RE HB 445 - Transportation Network Companies. (Nov.

12, 2021).
12 Florida Ports Council, The Florida System of Seaports, https://flaports.org/about/the-florida-system-of-seaports/ (last visited Nov. 15,

2021).
13 E-mail from Mike Rubin, President, Florida Ports Council, RE:HB 455 – Transportation Network Companies (Nov. 19, 2021).

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Section 2 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Municipalities, counties, and special districts operating airports and seaports may see a significant
reduction in revenues associated with TNC and taxicab pickup fees.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
At most airports and some seaports, TNCs and taxicab companies will see cost savings associated
with the $2 limit on pickup fees. These savings may or may not be passed along to consumers.

To adjust for lost revenue from TNC and taxicab pickup fees and maintain self-sustainability, airports
and seaports may increase charges to other users or tenants.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
apply to the extent that airports and seaports subject to the bill are operated by counties and
municipalities whose authority to raise total aggregate revenues, as such authority existed on
February 1, 1989, is reduced by the bill; however an exemption may apply if the bill creates an
insignificant fiscal impact.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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DATE: 2/1/2022

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