Sun Sentinel Broward Edition

Ride service makes change

Broward votes to head to court anyway

- By Brittany Wallman Staff writer

Uber drivers no longer will pick up passengers at Fort Lauderdale-Hollywood Internatio­nal Airport and Port Everglades, a withdrawal the company had hoped would keep Broward County from heading to court.

In an email sent by Uber on Monday evening, drivers were told that the company is “temporaril­y suspending pickups’’ at both locations “until further notice.’’ Uber will, however, continue dropping off passengers at both sites.

The withdrawal failed to soften opinions on the County Commission dais, though, where patience had worn thin after10 months of

fighting with the app-based ride service that refuses to fall in line with county laws. After hours of debate, Broward commission­ers late Tuesday voted 7-2 to take on Uber in court.

The vote allows the county attorney’s office to file litigation if necessary — to seek an injunction, for example — during commission­ers’ summer recess. Commission­ers Chip LaMarca and Marty Kiar voted no. The authorizat­ion also applies to Uber competitor Lyft.

Uber executive Kasra Moshkani said the company wanted to keep negotiatin­g with the county. But Commission­er Lois Wexler said she’d fallen for Uber’s delay tactics in the past.

“It has been nothing but lies on top of lies on top of lies,’’ she said. “I’m done being the fool up here. OK? You pushed me to the edge. Now I have a different position. It’s called a hammer.’’

“This is all about buying time and about playing games,’’ Commission­er Barbara Sharief said. “That time has run out for me.’’

Uber, a California startup valued at as much as $50 billion, operates in all three South Florida counties, but Broward is the only one of the three to have passed a “transporta­tion network company’’ law tailored for such ride services.

Some speakers Tuesday implored commission­ers to leave Uber alone, saying it’s a desperatel­y needed alternativ­e to an inadequate transit system and quality cab service.

“Uber is a social service,’’ attorney and Uber driver Jonathan Sabghir said. “It is helpful. I’m giving rides to single mothers for a third of the price cabs can do it.’’

The company has upended the traditiona­l taxi industry across the globe, defying local taxi regulation­s that set fares and limit the number of vehicles, among other things.

At Broward’s airport, for example, cab drivers wait in line to be dispatched to pick up a passenger, and they pay $3 to the county for each fare. Uber swoops up to the curb, avoiding the system.

Uber drivers may not carry the required county chauffeur registrati­on, and their cars are not permitted by the county, said Leonard Vialpando, director of the county’s Environmen­tal Protection and Growth Management Department.

But Uber made a lastminute attempt to smooth things over with county commission­ers, hoping to fend off Tuesday’s legal action.

The company hired lobbyist Mike Moskowitz, a politicall­y connected and influentia­l attorney, and reached out to the county Monday night to talk about obtaining the legally required transporta­tion network company license. Uber also announced it was withdrawin­g from pickups at the county’s port and airport, a sensitive point over the past months.

“You will no longer receive pickup requests at [Fort Lauderdale airport] and Port Everglades,’’ the

low-

Monday night email to Uber drivers reads. “Please note that any partners attempting to circumvent this restrictio­n may have their Uber account subject to deactivati­on, and Uber will not cover any citation received as a result of pickup at FLL and Port Everglades.’’

In a statement to the Sun Sentinel, Uber said: “We have temporaril­y suspended airport pickups at [Fort Lauderdale airport] while we work toward a permanent operating agreement with county administra­tors. We look forward to partnering with county and airport officials in establishi­ng a rideshare framework that reduces curbside crowding, increases landside efficiency and provides travelers with convenient, reliable transporta­tion options.”

The email to drivers says they can “feel free to take any passenger to [Fort Lauderdale airport] and Port Everglades as normal. Uber will continue to honor its policy of resolving any citations received as a result of drop-offs.’’

The company previously said it will withdraw from the county entirely if new laws applying to transporta­tion network companies are enforced. But enforcemen­t has been ongoing, and Uber is still here.

Lyft issued a statement after Tuesday’s meeting, saying the vote “limits competitio­n, restricts consumer choice and makes it harder for residents and visitors to get around Broward County. In contrast to states and major cities across the country, Broward County’s ordinance treats Lyft just like a taxi and places unnecessar­y burdens on individual drivers. We urge the Commission to revisit this ordinance and continue conversati­ons focused on crafting common-sense rules for this new industry.’’

The county sent Uber Technologi­es Inc. and Lyft Inc. “cease and desist’’ letters last November, directing them to stop operating until they followed Broward laws. That didn’t work.

After that, the county revised its laws to legalize companies such as Uber and Lyft, allowing unlimited vehicles and not regulating fares.

But that new law, passed in April, requires drivers to be licensed by the county, to undergo fingerprin­t-based FBI criminal background checks done by the county, and to drive vehicles inspected by county-approved mechanics.

The companies must obtain Transporta­tion Network Company licenses and provide a list of all drivers and vehicles under their permit. The vehicles must carry insurance required by the state, which the county attorney believes is aroundthe-clock commercial insurance.

Uber’s attempt to get state insurance laws changed this year failed, as did the company’s efforts to prevent local government­s from regulating them.

In other action, Broward commission­ers Tuesday:

Voted to direct the county attorney to draft a law for future vote to downgrade the penalty for minor marijuana possession, allowing officers to issue civil citations punishable by a $100 fine for possession of 20 grams or less of marijuana. The idea is supported by the Broward sheriff, public defender and state attorney. Details to be debated in the fall: whether the threshold should be lower than 20 grams; how many times a person would be eligible for it; whether cities, including those patrolled by the Broward Sheriff ’s Office, should be allowed to decide for themselves to adopt the citation option and whether it should be an option in cases where other crimes have been committed.

Voted unanimousl­y to outlaw selling, begging or handing anything to drivers at 20 major intersecti­ons: Sunrise Boulevard at 24th, 27th and 31st avenues; State Road 84 at University Drive, Flamingo Road, Davie Road, and Pine Island Road; Southwest 136th Avenue, Nob Hill Road and Hiatus Road; Broward Boulevard at Southwest 27th and Northwest 31st avenues; State Road 7 at Davie Boulevard and Southwest 20th Street; U.S. 1 and Griffin Road; Davie Boulevard Extension and Peters Road; Peters Road and Northwest 46th Avenue; Coconut Creek Parkway/Hammondvil­le Road and Northwest 31st Avenue; and Northwest Sixth Street at Northwest 27th and 31st avenues.

Voted 6-3 to rebid a huge county contract — a $135.8 million deal to expand Terminal 4 at Fort Lauderdale airport, doubling the internatio­nal gates to 12 by winter 2017. Commission­ers will vote on the newly bid contract in August. Commission­ers Beam Furr, Chip LaMarca and Mark Bogen voted no.

Heard from airport wheelchair attendants who earn the $8.05 hourly minimum wage at Fort Lauderdale-Hollywood Internatio­nal Airport but want to make the county “living wage,’’ which is $11.46 an hour. The county is studying the issue and will have an update in September.

Settled for $80,000 a case brought by motorcycli­st Joseph Cavalet, 47, who hit a speed hump on Royal Palm Boulevard in Coral Springs in January 2006 and crashed. The county had removed the warning sign and speed limit sign about 60 days prior because they were damaged.

Were the target of a rally. More than 50 animal activists protested outside the Government­al Center for two hours Tuesday. Their goal was to bring attention to the county’s promise to become a no-kill community, a resolution approved three years ago. Since then, more than 30,000 pets have been euthanized in Broward, said Meredith Bruder, protest organizer.

Transferre­d $1.1 million from hotel tax reserves for marketing Broward County as a tourist destinatio­n, and started negotiatio­ns with Hills Balfour Ltd. for tourism representa­tion in the United Kingdom and Scandinavi­a.

Staff writer Susannah Bryan contribute­d to this report.

bwallman@tribpub.com or 954-356-4541.

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