LTC 058-2018 City of Coral Gables Resolution NO. 2018-30MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
058-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City C mmission
FROM: Rafael E. Granado, City Clerk
DATE: February 9, 2018
SUBJECT: CITY OF CORAL GABLES RESOLUTION NO. 2018-30
Attached for your information is Resolution No. 2018-30, adopted by the Mayor and Commission
of the City of Coral Gables on January 23, 2018.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL
GABLES, FLORIDA, DIRECTING THE CITY'S ADMINISTRATION TO
MAKE OPPOSITION OF SENATE BILL 1304/HOUSE BILL 1033 PART OF
THE CITY'S LEGISLATIVE AGENDA AND URGING THE FLORIDA
HOUSE OF REPRESENTATIVES AND SENATE NOT TO ADOPT
SENATE BILL 1304/HOUSE BILL 1033 OR SIMILAR LEGISLATION.
The City of Coral Gables Clerk has requested that a copy of this resolution be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/lc
Attachment
F:\CLER\$ALL\LILIA\LTC's - Transmittal's\Resolution 2018-30 City of Goral Gables.docx
CITY OF CORAL GABLES, FLORIDA
RESOLUTION NO. 2018-30
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CORAL GABLES, FLORIDA, DIRECTING
THE CITY'S ADMINISTRATION TO MAKE
OPPOSITION OF SENATE BILL 1304/HOUSE BILL
1033 PART OF THE CITY'S LEGISLATIVE AGENDA
AND URGING THE FLORIDA HOUSE OF
REPRESENTATIVES AND SENATE NOT TO ADOPT
SENATE BILL 1304/11OUSE BILL 1033 OR SIMILAR
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 bill
as Senate Bill 1304; and
WHEREAS, the full title of Senate Bill 1304 and House Bill 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 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 Senate Bill 1304 and House Bill 1033 purport to expressly
preempt all regulation of dockless bicycles or bicycle sharing companies and prohibit a
municipality, county or other political subdivision from imposing a tax on or requiring a
license for a dockless bicycle or bicycle sharing company; subjecting a dockless bicycle or
bicycle sharing company to any rate, entry, operation or other requirement; requiring a
bicycle sharing company to obtain a business license; or entering into a private agreement
that prohibits a bicycle sharing company from operating within the jurisdiction of the
municipality, county or political subdivision; and
WHEREAS, the protection of Home Rule powers is of utmost importance to the
City of Coral Gables as Home Rule ensure the efficacy of local government in exercising
governmental powers to address and protect the health, safety, and welfare of its residents
and address matters of local concern; and
WHEREAS, the City Commission may wish 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 in their best interest; and
Page 1 of 3 — Resolution No. 2018-30
WHEREAS, the decision on whether and how to regulate dockless bicycles or
bicycle sharing companies should be left to the municipality, county or political
subdivision affected by these bicycles or companies as they are best equipped to know and
understand the needs of their community; and
WHEREAS, the City of Coral Gables Commission directs that the opposition to
Senate Bill 1304 and House Bill 1033 be made part of the City's legislative agenda; and
WHEREAS, the City of Coral Gables urges the Senate and the House of
Representatives not to adopt Senate Bill 1304/House Bill 1033 or similar legislation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF CORAL GABLES:
SECTION 1. The foregoing "Whereas" clauses 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. That the City Commission directs that opposition to Senate Bill
1304/House Bill 1033 or similar legislation be made part of the City's legislative agenda.
SECTION 3. That the City Commission urges the Senate and House of
Representatives not to adopt Senate Bill 1304 or House Bill 1033 as they are not good
public policy.
SECTION 4. That the City Clerk is directed to send a certified copy of this
resolution to the Florida League of Cities, Miami -Dade League of Cities, Miami -Dade
County, the City's legislative delegation, and neighboring municipalities.
That this Resolution shall become effective upon the date of its passage and
adoption herein.
2018.
PASSED AND ADOPTED THIS TWENTY-THIRD DAY OF JANUARY, A.D.,
(Moved: Quesada / Seconded: Mena)
(Yeas: Lago, Mena, Quesada, Keon)
(Majority: (4-0) Vote)
(Absent: Quesada)
(Agenda Item: C-2)
Page 2 of 3 — Resolution No. 2018-30
CITY CLERK
APPROVED:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
MIRIA[TTO
4 SOL R OS
CITY EY
Page 3 of 3 — Resolution No. 2018-30