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.