22RESOLUTION NO. ____ _
2 A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
3 opposing Senate Bill 1304 (SB 1304) and House Bill 1033 (HB 1033) and urging the
4 Florida House of Representatives and Senate not to adopt SB 1304, and HB 1033, or
5 any committee suhstitute bills or other similar legislation that would preempt local
6 governments from regulating and entering into agreements with dockless bicycle
7 sharing companies, and further directing the city's state lobbyists to oppose any such
8 legislation.
9 WHEREAS, on December 18, 2017, Representative Jackie Toledo introduced House
10 Bill 1033 -Dockless Bicycle Sharing; and
11 WHEREAS, on December 19, 2017, Senator Dana Young introduced the same
12 legislative language in Senate Bill 1304; and
13 WHEREAS, Committee Substitute (CS) versions of both Bills have been filed and
14 the current title of CS/HB 1033 is "An act relating to dockless bicycle sharing; creating s.
15 341.851, F.S.; providing legislative intent; providing definitions; providing insurance
16 requirements for a dockless bicycle sharing company; providing requirements for dockless
17 bicycles made available for reservation by such company; providing company
18 responsibilities; providing for preemption; providing construction; providing an effective
19 date"; and .
20 WHEREAS, the text of both CS/SB 1304 and CS/HB 1033 impose certain
21 responsibilities upon bike sharing companies, but also expressly preempts certain local
22 regulations regarding dockless bicycles or bicycle sharing companies; and
23 WHEREAS, CSIHB 1033 states that, "a local governmental entity may not:
24 1. Impose a tax on, or require a license for, a dockless bicycle or a dockless
25 bicycle sharing company relating to reserving a dockless bicycle;
26 2. Subj ect a dockless bicycle or dockless bicycle sharing company to any rate,
27 entry, operation, or other requirement ofthe local governmental entity;
28 3. Require a dockless bicycle sharing company to obtain a business license or
29 any other type of authorization to operate within the jurisdiction of the local
30 governmental entity; or
31 4. Enter into a private agreement containing a provision that prohibits a dockless
32 bicycle sharing company from operating within the jurisdiction of the local
33 governmental entity or that limits the operation of a dockless bicycle sharing
34 company within such jurisdiction"; and
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36 WHEREAS, CS/SB 1304 states that a local government entity, "may not take any
37 action or adopt any local ordinance, policy, or regulation that is designed to limit or prevent a
38 bicycle sharing company or any company2 engaged in the rental of bicycles from
operating within its jurisdiction, provided that the company has demonstrated compliance with
2 all local laws and regulations applicable to other similar businesses seeking to do business or
3 presently doing business within that jurisdiction." Under exceptions to CS/SB 1304, a local
4 government is not prohibited from entering into agreements with bicycle sharing companies
5 for the placement of docking stations on public land or enforcing uniform traffic infractions
6 under ChapteY316; and
7 WHEREAS, the City of South Miami's Home Rule powers are of the utmost
8 importance as such powers ensure the efficacy of a local government to address and protect
9 the health, safety, and welfare of its residents and tourists, and to address matters of local
10 concern; and
11 WHEREAS, the City Connnission may deem it necessary to regulate dockless
12 bicycles or bicycle sharing companies in order to protect the health, safety, and welfare of
13 the City's residents, businesses, and visitors; and
14 WHEREAS, the regulation of dockless bicycles or bicycle sharing companies should
15 be left to the municipality, county or political subdivision affected by these bicycles or
16 companies as they have the unique knowledge and understanding of the needs of their
17 connnunities; and
18 WHEREAS, the Mayor and City Commission urge the Florida Senate and the House
19 of Representatives not to adopt CS/SB 1304 or CS/HB 1033, or any similar legislation; and
20 WHEREAS, the City Connnission further directs its state lobbyists to oppose CS/SB
21 1304 and CSIHB 1033 as part ofthe"City's"2018 Florida legislative"agenda.
22 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
23 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24 Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
25 correct and are hereby made a specific part of this Resolution upon adoption hereof.
26 Section 2. The Mayor and City Connnission urges the Florida Senate and House of
27 Representatives not to adopt Senate Bill 1304 or House Bill 1033 or any Connnittee
28 Substitute Bills or other similar legislation.
1 Section 3. The City Commission directs that opposition to Senate Bill 1304 and House Bill
2 1033, and to any Committee Substitute Bills or other similar legislation, be made part of the City's
3 2018 Florida legislative agenda.
4 Section 4. The City Clerk is directed to send a copy of this Resolution to the Florida League
5 of Cities, the Miami-Dade League of Cities, the Board of Commissioners of Miami-Dade County,
6 the City's state legislative delegation, and neighboring municipalities.
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8 Section 5. Severability. If any section clause, sentence, or phrase of this resolution is for
9 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
10 not affect the validity of the remaining portions of this resolution
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Section 6. Effective Date: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _ day of ____ , 2018.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EXECUTION
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Gil: