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
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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
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