Florida Senate - 2018                             CS for SB 1304
       By the Committee on Banking and Insurance; and Senator Young
       597-02931-18                                          20181304c1
    1                        A bill to be entitled                      
    2         An act relating to bicycle sharing; creating s.
    3         341.851, F.S.; providing legislative intent; defining
    4         terms; authorizing a bicycle sharing company to allow
    5         a minor to operate a bicycle reserved by a user if
    6         accompanied by a user; requiring such a minor operator
    7         who is under a specified age to wear a helmet;
    8         providing insurance requirements for a bicycle sharing
    9         company; authorizing a local governmental entity to
   10         annually require a bicycle sharing company to provide
   11         proof of insurance; authorizing the local governmental
   12         entity to issue a fine no greater than a specified
   13         amount and to order the bicycle sharing company to
   14         cease and desist from operating within the local
   15         governmental entity’s jurisdiction until any such fine
   16         is paid and proof of such insurance is provided, if
   17         the company does not provide proof of such insurance;
   18         providing requirements for bicycles made available for
   19         reservation by a bicycle sharing company; providing
   20         company responsibilities; authorizing a local
   21         governmental entity to issue a bicycle sharing company
   22         certain fines and fees and to impose other penalties
   23         under certain circumstances; prohibiting a local
   24         governmental entity, under certain circumstances, from
   25         taking any action or adopting any local ordinance,
   26         policy, or regulation that is designed to limit or
   27         prevent a bicycle sharing company or any company
   28         engaged in the rental of bicycles from operating
   29         within its jurisdiction; providing construction;
   30         providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 341.851, Florida Statutes, is created to
   35  read:
   36         341.851Bicycle sharing.—
   37         (1)LEGISLATIVE INTENT.—It is the intent of the Legislature
   38  to provide Florida residents with access to innovative,
   39  environmentally friendly transportation options and to ensure
   40  the safety and reliability of bicycle sharing services within
   41  the state.
   42         (2)DEFINITIONS.—As used in this section, the term:
   43         (a)“Bicycle sharing company” means a person who makes
   44  bicycles, as defined in s. 316.003(3), available for private use
   45  by reservation through an online application, software, or
   46  website.
   47         (b) “Docking station” means a bicycle rack controlled by a
   48  bicycle sharing company where bicycles may be parked.
   49         (c)“Local governmental entity” means a county,
   50  municipality, special district, airport authority, port
   51  authority, or other local governmental entity or subdivision.
   52         (d)“User” means a person at least 18 years of age who
   53  reserves a bicycle through a bicycle sharing company’s online
   54  application, software, or website.
   55         (3) MINORS.—A bicycle sharing company may allow a minor to
   56  operate a bicycle reserved by a user if accompanied by a user.
   57  Such a minor operator who is under the age of 16 must wear a
   58  helmet as required in s. 316.2065(3)(d).
   59         (4)INSURANCE REQUIRED.—
   60         (a) A person may not operate a bicycle sharing company in
   61  this state pursuant to this section unless the person maintains
   62  a current and valid combined single-limit policy of commercial
   63  general liability insurance coverage in the amount of at least
   64  $500,000 per occurrence for bodily injury and property damage.
   65         (b) A local governmental entity may annually require a
   66  bicycle sharing company to provide proof of insurance meeting
   67  the requirements of this subsection. If a bicycle sharing
   68  company does not provide proof of such insurance, the local
   69  governmental entity may issue a fine no greater than $5,000 and
   70  may order the bicycle sharing company to cease and desist from
   71  operating within the local governmental entity’s jurisdiction
   72  until any such fine is paid and proof of such insurance is
   73  provided.
   74         (5)BICYCLE REQUIREMENTS.—Each bicycle made available for
   75  reservation by a bicycle sharing company must:
   76         (a)Meet the requirements for bicycles set forth in 16
   77  C.F.R. part 1512 and s. 316.2065.
   78         (b)Prominently display the bicycle company’s trade dress.
   79         (c)Display an e-mail address or a telephone number at
   80  which a user or operator may contact the bicycle sharing company
   81  for customer support.
   82         (d)Be lawfully parked when not in use.
   84         (a) A bicycle sharing company must register with the
   85  Division of Corporations of the Department of State and must
   86  provide such registration to any local governmental entity in
   87  whose jurisdiction the company operates. A local governmental
   88  entity may issue a bicycle sharing company a fine no greater
   89  than $1,000 for failure to comply with this paragraph.
   90         (b)A bicycle sharing company must provide to users through
   91  its online application, software, or website:
   92         1.Notification that bicycles must be operated in
   93  compliance with state and local law.
   94         2.An interface that enables a user to notify the bicycle
   95  sharing company of an issue relating to the safety or
   96  maintenance of a bicycle.
   97         (c)A bicycle sharing company is responsible for the
   98  maintenance and rebalancing of each bicycle made available for
   99  reservation and for the removal of any such bicycle that is for
  100  any reason inoperable or does not comply with subsection (5).
  101         (d) A bicycle sharing company is responsible for securing
  102  all company bicycles located within any area of the state where
  103  an active tropical storm or hurricane warning has been issued. A
  104  local governmental entity may issue a bicycle sharing company a
  105  fine no greater than $1,000 for failure to comply with this
  106  paragraph.
  107         (e) A bicycle sharing company must comply with the
  108  requirement of s. 316.2065(15)(a) when allowing a minor operator
  109  under the age of 16.
  110         (f) A bicycle sharing company must remove an unlawfully
  111  parked company bicycle within 24 hours of receiving notification
  112  of the violation via e-mail from a local governmental entity.
  113  Such notice must include the location and identification number
  114  of the company bicycle. A local governmental entity may
  115  immediately move an unlawfully parked company bicycle and place
  116  it in the nearest location where it does not obstruct or
  117  endanger the safe movement of pedestrians or vehicles. For any
  118  company bicycle that remains unlawfully parked and is not
  119  removed by a bicycle sharing company within the 24-hour period,
  120  a local governmental entity may impose a fee of up to $10 per
  121  bicycle, per day, not to exceed a total fee of $100 per bicycle.
  122  If a bicycle sharing company has not removed an unlawfully
  123  parked bicycle within 10 days of receiving notice in accordance
  124  with this section, the local governmental entity may impound the
  125  bicycle in accordance with local ordinances.
  126         (7)PREEMPTION.—
  127         (a) A local governmental entity may not take any action or
  128  adopt any local ordinance, policy, or regulation that is
  129  designed to limit or prevent a bicycle sharing company or any
  130  company engaged in the rental of bicycles from operating within
  131  its jurisdiction, provided that the company has demonstrated
  132  compliance with all local laws and regulations applicable to
  133  other similar businesses seeking to do business or presently
  134  doing business within that jurisdiction.
  135         (b) This subsection does not prohibit:
  136         1. An airport or seaport from designating locations for
  137  staging, pickup, and other similar operations relating to
  138  bicycles at the airport or seaport;
  139         2. A local governmental entity from entering into
  140  agreements with bicycle sharing companies for the placement of
  141  docking stations on public land; or
  142         3.A local governmental entity from enforcing uniform
  143  traffic infractions under chapter 316.
  144         Section 2. This act shall take effect upon becoming a law.