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Resolution 2019-30707 RESOLUTION NO. 2019-30707 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING FLORIDA SENATE BILL 542 AND FLORIDA HOUSE BILL 453, WHICH WILL PREEMPT THE REGULATION OF MICROMOBILITY DEVICES AND FOR-HIRE MOTORIZED SCOOTERS TO THE STATE AND FEDERAL GOVERNMENTS AND WILL PROHIBIT THE LOCAL REGULATION OF SUCH DEVICES AND SCOOTERS THAT ARE MORE RESTRICTIVE THAN THE LOCAL REGULATION OF BICYCLES. WHEREAS, Senate Bill 542 ("SB 542") and House Bill 453 ("HB 453") have been filed for consideration during the Florida Legislature's 2019 session by Senator Jeff Brandes (R— St. Petersburg) and Representative Jackie Toledo (R—Tampa), respectively; and WHEREAS, SB 542 and HB 453, as filed, would preempt the regulation of micromobility devices and for-hire motorized scooters to the state and federal governments and would prohibit a local government from regulating such devices and scooters in a manner that is more restrictive than its regulation of bicycles; and WHEREAS, SB 542 and HB 453 would grant the operators of micromobility devices or motorized scooters all of the rights and duties applicable to the rider of a bicycle under Section 316.2065 of the Florida Statutes, subject to exceptions that do not apply to motorized scooters by nature, thus, preempting local governments from requiring safety helmets to be worn by operators who are sixteen (16) years of age and older; and WHEREAS, 'SB 542 and HB 453 would preempt local governments from requiring operators of micromobility devices or motorized scooters to have a valid driver license; and WHEREAS, SB 542 and HB 453 would allow micromobility devices and for-hire motorized scooters to be operated and parked on sidewalks, endangering both pedestrians and those operating these devices and scooters; and WHEREAS, in addition, SB 542 and HB 453 would require local governments to grant operating licenses to persons offering microbility devices or for-hire motorized scooters as long as the applicants for licensure provide proof of (1) commercial general liability insurance coverage with a limit of at least $1 million per occurrence and with a $5 million aggregate limit and (2) workers' compensation coverage that meets the minimum requirements under Chapter 440 and the Florida Insurance Code; and WHEREAS, cities across the country have seen a dramatic rise in the popularity of micromobility devices and for-hire motorized scooters because they provide an affordable and quick alternative to public transportation; and WHEREAS, despite their popularity and cost benefits, microbility devices and for-hire motorized scooters can pose hazards to pedestrians and operators of other motorized devices; and WHEREAS, according to for-hire scooter share companies, users are supposed to ride scooters in bike lanes and park them near bike racks but in practice, riders often zoom along sidewalks and roadways and park their scooters where they block pedestrian traffic, endangering and frustrating other residents; and WHEREAS, if SB 542, HB 453, or any similar legislation is enacted, local governments may lose the ability to safeguard pedestrians, drivers, cyclists, and the users of micromobility devices and for-hire motorized scooters; and WHEREAS, accordingly, the Mayor and the City Commission wish to express their strong opposition to Senate Bill 542 and House Bill 453, and to any similar legislation, and urge the Florida Legislature to make the defeat of such laws a legislative priority for the 2019 Florida legislative session. 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 oppose Florida Senate Bill 542 and Florida House Bill 453, which will preempt the regulation of microbility devices and for-hire motorized scooters to the state and federal governments and will prohibit the local regulation of such devices and scooters that are more restrictive than the local regulation of bicycles. PASSED and ADOPTED this "- day of February, 2019. ATTEST: Dan Gelber, ayor L,12 I r Rafael E. Gr nado, pity CI k TO (Sponsored by Vice-Mayor Michael Gongora) --PPr. ��U GE OR '�CUTION Otrt *Li .. 'n,,, Attorney e J"''••„°e 4 i * INCORP•ORATED' i\% \I /k 1. ''c H ° 26,� F:ATTO\TURN\RESOS\Scooter Resolution 2019.doc Resolutions -C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: February 13, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING FLORIDA SENATE BILL 542 AND FLORIDA HOUSE BILL 453, WHICH WILL PREEMPT THE REGULATION OF MICROMOBILITY DEVICES AND FOR-HIRE MOTORIZED SCOOTERS TO THE STATE AND FEDERAL GOVERNMENTS AND WILL PROHIBIT THE LOCAL REGULATION OF SUCH DEVICES AND SCOOTERS THAT ARE MORE RESTRICTIVE THAN THE LOCAL REGULATION OF BICYCLES. RECOMMENDATION Pursuant to the request of Vice-Mayor Michael Gongora, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 13, 2019 Commission meeting. The Resolution will be provided via the Supplemental Agenda. Legislative Tracking Office of the City Attorney Sponsor Vice-Mayor Michael Gongora Page 402 of 911