Florida Senate - 2018                                    SB 1304
       
       
        
       By Senator Young
       
       
       
       
       
       18-01420B-18                                          20181304__
    1                        A bill to be entitled                      
    2         An act relating to dockless bicycle sharing; creating
    3         s. 341.851, F.S.; providing legislative intent;
    4         providing definitions; providing insurance
    5         requirements for a bicycle sharing company; providing
    6         requirements for dockless bicycles made available for
    7         reservation by such company; providing company
    8         responsibilities; providing for preemption; providing
    9         construction; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 341.851, Florida Statutes, is created to
   14  read:
   15         341.851 Dockless bicycle sharing.—
   16         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   17  to provide Florida residents with access to innovative,
   18  environmentally friendly transportation options and to ensure
   19  the safety and reliability of bicycle sharing services within
   20  the state.
   21         (2) DEFINITIONS.—As used in this section:
   22         (a) “Bicycle sharing company” means an entity that makes
   23  dockless bicycles available for private use by reservation
   24  through an online application, software, or website.
   25         (b) “Dockless bicycle” means a bicycle, including an
   26  electric bicycle, that is self-locking and that is not connected
   27  to a docking station.
   28         (c) “Local governmental entity” means a county,
   29  municipality, special district, airport authority, port
   30  authority, or other local governmental entity or subdivision.
   31         (d) “User” means a person who reserves a dockless bicycle
   32  through a bicycle sharing company’s online application,
   33  software, or website.
   34         (3) INSURANCE REQUIRED.—A person or entity may not operate
   35  a bicycle sharing company in this state unless the person or
   36  entity maintains a current and valid combined single-limit
   37  policy of commercial general liability insurance coverage in the
   38  amount of at least $500,000 per occurrence for bodily injury and
   39  property damage.
   40         (4) BICYCLE REQUIREMENTS.—Each dockless bicycle made
   41  available for reservation by a bicycle sharing company must:
   42         (a) Meet the requirements for bicycles set forth in 16
   43  C.F.R. part 1512.
   44         (b) Be available for reservation 24 hours a day, 7 days a
   45  week.
   46         (c) Prominently display the bicycle company’s trade dress.
   47         (d) Display an e-mail address or a telephone number at
   48  which a user may contact the bicycle sharing company for
   49  customer support.
   50         (e) Be lawfully parked when not in use.
   51         (5) COMPANY RESPONSIBILITIES.—
   52         (a) A bicycle sharing company must provide through its
   53  online application, software, or website:
   54         1. Notification that a rider of a dockless bicycle must
   55  operate the dockless bicycle in compliance with state and local
   56  law.
   57         2. An interface that enables a user to notify the bicycle
   58  sharing company of an issue relating to the safety or
   59  maintenance of a dockless bicycle.
   60         (b) A bicycle sharing company is responsible for the
   61  maintenance and rebalancing of each dockless bicycle made
   62  available for reservation and for the removal of any such
   63  dockless bicycle that is for any reason inoperable.
   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
   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 seaport
   87  from designating locations for staging, pickup, and other
   88  similar operations relating to dockless bicycles at the airport
   89  or seaport.
   90         Section 2. This act shall take effect upon becoming a law.