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
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Rafael E. Gr nado, pity CI k
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(Sponsored by Vice-Mayor Michael Gongora) --PPr. ��U GE
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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