Res No 057-18-15089RESOLUTION NO. 057-18-15089
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, opposing Senate Bill 1304 (SB 1304) and House Bill 1033 (HB 1033) and
urging the Florida House of Representatives and Senate not to adopt SB 1304, and
HB 1033, or any committee substitute bills or other similar legislation that would
preempt local governments from regulating and entering into agreements with
dockless bicycle sharing companies, and further directing the city's state lobbyists
to oppose any such legislation.
WHEREAS, on December 18, 2017, Representative Jackie Toledo introduced
House Bill 1033 -Dockless Bicycle Sharing; and
WHEREAS, on December 19, 2017, Senator Dana Young introduced the same
legislative language in Senate Bill 1304; and
WHEREAS, Committee Substitute (CS) versions of both Bills have been filed and
the current title of CSIHB 1033 is "An act relating to dockless bicycle sharing; creating s.
341.851, F.S.; providing legislative intent; providing definitions; providing insurance
requirements for a dockless bicycle sharing company; providing requirements for dockless
bicycles made available for reservation by such company; providing company
responsibilities; providing for preemption; providing construction; providing an effective
date"; and
WHEREAS, the text of both CS/SB 1304 and CSIHB 1033 impose certain
responsibilities upon bike sharing companies, but also expressly preempts certain local
regulations regarding dockless bicycles or bicycle sharing companies; and
WHEREAS, CSIHB 1033 states that, "a local governmental entity may not:
1. Impose a tax on, or require a license for, a dockless bicycle or a dockless
bicycle sharing company relating to reserving a dockless bicycle;
2. Subject a dockless bicycle or dockless bicycle sharing company to any rate,
entry, operation, or other requirement of the local governmental entity;
3. Require a dockless bicycle sharing company to obtain a business license or
any other type of authorization to operate within the jurisdiction of the local
governmental entity; or
4. Enter into a private agreement contammg a proVISIon that prohibits a
dockless bicycle sharing company from operating within the jurisdiction of
the local governmental entity or that limits the operation of a dockless
bicycle sharing company within such jurisdiction"; and
WHEREAS, CS/SB 1304 states that a local government entity, "may not take any
action or adopt any local ordinance, policy, or regulation that is designed to limit or prevent
a bicycle sharing company or any company2 engaged in the rental of bicycles from
Pg. 2 of Res. No. 057-18-15089
operating within its jurisdiction, provided that the company has demonstrated compliance
with all local laws and regulations applicable to other similar businesses seeking to do
business. or presently doing business within that jurisdiction." Under exceptions to CS/SB
1304, a local government is not prohibited from entering into agreements with bicycle
sharing companies for the placement of docking stations on public land or enforcing uniform
traffic infractions under Chapter 316; and ~: . ..
WHEREAS, the City of South Miami's Home Rule powers are of the utmost
importance as such powers ensure the efficacy of a local government to address and protect
the health, safety, and welfare of its residents and tourists, and to address matters of local
concern; and
WHEREAS, the City Commission may deem it necessary to regulate dockless
bicycles or bicycle sharing companies in order to protect the health, safety, and welfare of
the City's residents, businesses, and visitors; and
WHEREAS, the regulation of dockless bicycles or bicycle sharing companies
should be left to the municipality, county or political subdivision affected by these bicycles
or companies as they have the unique knowledge and understanding of the needs of their
communities; and
WHEREAS, the Mayor and City Commission urge the Florida Senate and the
House of Representatives not to adopt CS/SB 1304 or CSIHB 1033, or any similar
legislation; and
WHEREAS, the City Commission further directs its state lobbyists to oppose
CS/SB 1304 and CSIHB 1033 as part ofthe-City's-2018 Florida legislative-agenda.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The Mayor and City Commission urges the Florida Senate and House of
Representatives not to adopt Senate Bill 1304 or House Bill 1033 or any Committee
Substitute Bills or other similar legislation.
Pg. 3 of Res. No. 057-18-15089
Section 3. The City Commission directs that opposition to Senate Bill 1304 and House
Bill 1033, and to any Committee Substitute Bills or other similar legislation, be made part of the
City's 2018 Florida legislative agenda.
Section 4. The City Clerk is directed to send a copy of this Resolution to the Florida
League of Cities,-the Miami-Dade League of Cities, the Board of Commissioners of Miami-
Dade County, the City's state legislative delegation, and neighboring municipalities.
Section 5. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution
Section 6. Effective Date: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 20 day of March ,2018.
ATTEST: APPROVED:
r.-.-___ , .... TO FORM,
ND EXECUTION
PU/~~
MAy(l)R
COMMISSION VOTE: 5-0
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea