Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1304
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Banking and Insurance (Young) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 341.851, Florida Statutes, is created to
    6  read:
    7         341.851Bicycle 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.
   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.
  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.