Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1304 Ì891624,Î891624 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Young) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 341.851, Florida Statutes, is created to 6 read: 7 341.851 Bicycle sharing.— 8 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 9 to provide Florida residents with access to innovative, 10 environmentally friendly transportation options and to ensure 11 the safety and reliability of bicycle sharing services within 12 the state. 13 (2) DEFINITIONS.—As used in this section, the term: 14 (a) “Bicycle sharing company” means a person who makes 15 bicycles, as defined in s. 316.003(3), available for private use 16 by reservation through an online application, software, or 17 website. 18 (b) “Docking station” means a bicycle rack controlled by a 19 bicycle sharing company where bicycles may be parked. 20 (c) “Local governmental entity” means a county, 21 municipality, special district, airport authority, port 22 authority, or other local governmental entity or subdivision. 23 (d) “User” means a person at least 18 years of age who 24 reserves a bicycle through a bicycle sharing company’s online 25 application, software, or website. 26 (3) MINORS.—A bicycle sharing company may allow a minor to 27 operate a bicycle reserved by a user if accompanied by a user. 28 Such a minor operator who is under the age of 16 must wear a 29 helmet as required in s. 316.2065(3)(d). 30 (4) INSURANCE REQUIRED.— 31 (a) A person may not operate a bicycle sharing company in 32 this state pursuant to this section unless the person maintains 33 a current and valid combined single-limit policy of commercial 34 general liability insurance coverage in the amount of at least 35 $500,000 per occurrence for bodily injury and property damage. 36 (b) A local governmental entity may annually require a 37 bicycle sharing company to provide proof of insurance meeting 38 the requirements of this subsection. If a bicycle sharing 39 company does not provide proof of such insurance, the local 40 governmental entity may issue a fine no greater than $5,000 and 41 may order the bicycle sharing company to cease and desist from 42 operating within the local governmental entity’s jurisdiction 43 until any such fine is paid and proof of such insurance is 44 provided. 45 (5) BICYCLE REQUIREMENTS.—Each bicycle made available for 46 reservation by a bicycle sharing company must: 47 (a) Meet the requirements for bicycles set forth in 16 48 C.F.R. part 1512 and s. 316.2065. 49 (b) Prominently display the bicycle company’s trade dress. 50 (c) Display an e-mail address or a telephone number at 51 which a user or operator may contact the bicycle sharing company 52 for customer support. 53 (d) Be lawfully parked when not in use. 54 (6) COMPANY RESPONSIBILITIES.— 55 (a) A bicycle sharing company must register with the 56 Division of Corporations of the Department of State and must 57 provide such registration to any local governmental entity in 58 whose jurisdiction the company operates. A local governmental 59 entity may issue a bicycle sharing company a fine no greater 60 than $1,000 for failure to comply with this paragraph. 61 (b) A bicycle sharing company must provide to users through 62 its online application, software, or website: 63 1. Notification that bicycles must be operated in 64 compliance with state and local law. 65 2. An interface that enables a user to notify the bicycle 66 sharing company of an issue relating to the safety or 67 maintenance of a bicycle. 68 (c) A bicycle sharing company is responsible for the 69 maintenance and rebalancing of each bicycle made available for 70 reservation and for the removal of any such bicycle that is for 71 any reason inoperable or does not comply with subsection (5). 72 (d) A bicycle sharing company is responsible for securing 73 all company bicycles located within any area of the state where 74 an active tropical storm or hurricane warning has been issued. A 75 local governmental entity may issue a bicycle sharing company a 76 fine no greater than $1,000 for failure to comply with this 77 paragraph. 78 (e) A bicycle sharing company must comply with the 79 requirement of s. 316.2065(15)(a) when allowing a minor operator 80 under the age of 16. 81 (7) PREEMPTION.— 82 (a) It is the intent of the Legislature to provide for 83 uniformity of laws governing bicycle sharing companies 84 throughout the state. Bicycle sharing companies meeting the 85 requirements of this section shall be governed exclusively by 86 state law and a local governmental entity may not: 87 1. Impose a tax on, or require a license for, a bicycle 88 sharing company relating to reserving a bicycle; 89 2. Subject a bicycle sharing company to any rate, entry, 90 operation, or other requirement of the local governmental 91 entity; 92 3. Except as provided in subsection (6), require a bicycle 93 sharing company to obtain a business license or any other type 94 of authorization to operate within the jurisdiction of the local 95 governmental entity; or 96 4. Except as provided in subsection (4), prohibit a bicycle 97 sharing company from operating within the jurisdiction of the 98 local governmental entity or limit the operation of a bicycle 99 sharing company within such jurisdiction. 100 (b) This subsection does not prohibit: 101 1. An airport or seaport from designating locations for 102 staging, pickup, and other similar operations relating to 103 bicycles at the airport or seaport; 104 2. A local governmental entity from entering into 105 agreements with bicycle sharing companies for the placement of 106 docking stations on public land; or 107 3. A local governmental entity from enforcing uniform 108 traffic infractions under chapter 316. 109 Section 2. This act shall take effect upon becoming a law. 110 111 ================= T I T L E A M E N D M E N T ================ 112 And the title is amended as follows: 113 Delete everything before the enacting clause 114 and insert: 115 A bill to be entitled 116 An act relating to bicycle sharing; creating s. 117 341.851, F.S.; providing legislative intent; defining 118 terms; authorizing a bicycle sharing company to allow 119 a minor to operate a bicycle reserved by a user if 120 accompanied by a user; requiring such a minor operator 121 who is under a specified age to wear a helmet; 122 providing insurance requirements for a bicycle sharing 123 company; authorizing a local governmental entity to 124 annually require a bicycle sharing company to provide 125 proof of insurance; authorizing the local governmental 126 entity to issue a fine no greater than a specified 127 amount and to order the bicycle sharing company to 128 cease and desist from operating within the local 129 governmental entity’s jurisdiction until any such fine 130 is paid and proof of such insurance is provided, if 131 the company does not provide proof of such insurance; 132 providing requirements for bicycles made available for 133 reservation by a bicycle sharing company; providing 134 company responsibilities; authorizing a local 135 governmental entity to issue a bicycle sharing company 136 a fine no greater than a specified amount for failure 137 to comply with specified responsibilities; providing 138 for preemption; providing construction; providing an 139 effective date.