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Resolution 2018-30134RESOLUTION NO. 2018 -30134 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE TO MONITOR THE POTENTIAL IMPACTS OF FLORIDA HOUSE BILL 1033 (HB 1033), AND TO DEVELOP REGULATIONS FOR A DOCKLESS BIKE SHARING PILOT PROGRAM; PROVIDED THE MAYOR AND CITY COMMISSION PROCEED WITH THE PILOT PROGRAM; AND FURTHER REFERRING THE CONTINUED DISCUSSION OF THE PILOT PROGRAM TO THE NEXT NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE. WHEREAS, on December 13, 2017, the Mayor and City Commission discussed item No. R7J, entitled "Approve 6 month permit w/ Spin, Dockless Bicycle Pilot "; and WHEREAS, the Mayor and City Commission referred this item to the Neighborhoods and Community Affairs Committee for discussion; and WHEREAS, on December 20, 2017, the Neighborhood /Community Affairs Committee held a discussion regarding this item (Item No. 18 on the Committee's agenda) and deferred the item to the next regularly scheduled Committee meeting in order to hear public comment, including representatives from the bike sharing industry, and directed the Administration to: (1) (2) monitor Florida House Bill 1033 (HB 1033) and its potential implications related to dockless bike sharing services and bike sharing companies; and develop a regulatory framework that would address the issue of bicycle placement on the right -of -way and how bicycles may have GPS technology to determine their exact placement and violations thereof; provided the Mayor and City Commission proceed with a dockless bike sharing pilot program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendations of the Neighborhood /Community Affairs Committee to monitor the potential impacts of Florida House Bill 1033 (HB 1033), and to develop regulations for a dockless bike sharing pilot program; provided that the Mayor and City Commission proceed with the pilot program; and further refer the continued discussion of the pilot program to the next Neighborhood /Community Affairs Committee. PASSED and ADOPTED this 17th day of January 2018. Rafael . Granado, City Clerk Dan Gelber, Mayor APPROVED AS TO FOR o ;AN N UAGE X UTION 3I City Attorney Vl Date MIAM BEACH Resolutions - C7 D COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 17, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD /COMMUNITY AFFAIRS COMMITTEE TO DEVELOP REGULATIONS FOR A DOCKLESS BIKE SHARING PILOT PROGRAM. RECOMMENDATION Accept the recommendations of the Neighborhood and Community Affairs Committee regarding Dockless Bike Sharing Pilot Program. Background A variety of dockless bike sharing providers have deployed their services in several cities throughout the country. Locally, in South Florida, Coral Gables, Key Biscayne, Miami Lakes, to name a few, have dockless bike sharing pilot programs underway or will do so shortly. On a related note, House Bill 1033 was recently filed in the State Legislature related to "dockless bicycle" sharing regulations containing the following preemption language: 64 (6) PREEMPTION, - 65 (a) It is the intent of the Legislature to provide for 66 uniformity of laws governing dockless bicycles and bicycle 67 sharing companies throughout the state. Dockless bicycles and 68 bicycle sharing companies shall be governed exclusively by state 69 law. A local governmental entity may not: 70 1. Impose a tax on, or require a license for, a dockless 71 bicycle or a bicycle sharing company relating to reserving a 72 dockless bicycle: 73 2. Subject a dockless bicycle or a bicycle sharing company 74 to any rate, entry, operation, or other requirement of the local 75 governmental entity: 76 3. Require a bicycle sharing company to obtain a business 77 license or any other type of authorization to operate within the 78 jurisdiction of the local governmental entity: or 79 4. Enter into a private agreement containing a provision 80 that prohibits a bicycle sharing company from operating within 81 the jurisdiction of the local governmental entity or that limits 82 the operation of a bicycle sharing company within such Page 155 of 923 83 jurisdiction. To the extent that a local governmental entity 84 entered into an agreement containing such a provision before 85 July 1, 2018, such provision is unenforceable. 86 (b) This subsection does not prohibit an airport or 87 seaport from designating locations for staging, pickup, and 88 other similar operations relating to dockless bicycles at the 89 airport or seaport. The Administration will monitor the progress of House Bill 1033 and provide updates, as needed. ANALYSIS On December 13, 2017, the Mayor and City Commission discussed item No. R7J, entitled, "Approve 6 month permit w/ Spin, Dockless Bicycle Pilot" and the Mayor and City Commission referred this item to the Neighborhoods and CommunityAffairs Committee (NCAC) for discussion. On December 20, 2017, the Neighborhoods and Community Affairs Committee held a discussion regarding a dockless bike sharing pilot program and directed the Administration to: 1. Learn about Florida House Bill 1033 (HB 1033) and its potential implications related to dockless bike sharing and bike sharing companies; and 2. Develop a regulatory framework that would address the issue of bicycle placement on the right -of -way and how bicycles may have GPS technology to determine their exact placement and violations thereof. CONCLUSION If approved, the Administration will proceed with the direction recommended by the NCAC. Legislative Tracking Parking Sponsor Vice -Mayor John Elizabeth Aleman ATTACHMENTS: Description a Resolution Page 156 of 923