OLD BUSINESS  5.

COMMITTEE MEMORANDUM

KEY INTENDED OUTCOME:
Ensure Comprehensive Mobility Addressing All Modes Throughout The City

HISTORY:

In the last few years, the popularity and use of electric scooters in the U.S. has grown and more people are using electric scooters, where legally permitted and allowed, as a more convenient means of active transportation that can provide first mile/last mile connectivity to/from transit stations/stops and an alternative to walking or biking for short-range trips.

The City Attorney's Office has determined that the utilization of these electric scooters upon roadway(s) and other public property (which includes bicycle lanes and pathways), is legally prohibited in Florida.  Florida law mandates that these type of motor vehicles must be properly registered with the Florida Department of Highway Safety and Motor Vehicles, and have the corresponding license plate displayed (which must match the registration) for the lawful operation upon the public roadways.  In that regard, an individual would not be legally authorized to operate these devices upon the City’s governmental property, and must only operate these devices upon private property pursuant to Section 316.1995 of the Florida Statutes.  Equally important, the City would not have the legal authority to permit the operation of electric scooters upon the streets or roadways based upon the prohibits set forth in Florida law.   

The City is granted limited authority to regulate the use of these devices pursuant to Section 316.008 of the Florida Statutes, which expressly identifies the limited scope and nature under which the City may permit those location(s) for the operation of these devices within the City’s territorial jurisdiction.  Specifically, the Mayor and City Commission would be required to enact an ordinance that would explicitly authorize the operation of motorized scooters upon sidewalk(s) and sidewalk areas.   

ANALYSIS:

The cities of Coral Gables and Miami are the only two municipalities in Miami-Dade County that are currently engaged in pilot programs for electric scooter rental and operation in the public rights-of-way.  The scope and status of their respective pilot programs are described below.

City of Coral Gables

Coral Gables became the first city in Florida to allow electric scooters to operate on its sidewalks.  Coral Gables has been engaged in a e-scooter pilot program at no cost to the City with two (2) vendors simultaneously - Spin (which began its pilot in August 2018) and Bird (which began its pilot in October 2018).  Spin is providing both electric scooters and electric-assisted bicycle as part of its pilot program, while Bird is only providing electric scooter rentals at this time.  The cost to the user to rent an electric scooter from either Spin or Bird is $1.00 to unlock the e-scooter and $0.15 per minute until the e-scooter is locked.  Electric scooters in Coral Gables are not allowed on travel lanes or bike lanes and can only be operated on sidewalks, except on Miracle Mile and Giralda Plaza, where they are prohibited due to high pedestrian activity.  Scooters are deployed daily by each vendor at about 7AM and collected at about 8PM.  Coral Gables has requested that users park e-scooters at or near a bike rack and on the edge of sidewalks clear of pedestrians' path. 

Based on recent conversations with Coral Gables staff, the number of complaints and accidents involving electric scooters has been minimal in comparison to their usage.  For example, Bird currently has 73 electric scooters deployed in Coral Gables, primarily in the vicinity of the University of Miami campus and Douglas Metrorail station, and a total of 19,833 trips have been registered on its electric scooters since the launch of the pilot program (to end of January).  The average trip length on a Bird electric scooter was about 1.15 miles and no reported accidents as of end of January.  Spin deployed 79 electric scooters in Coral Gables, primarily in the Central Business District, and has registered a total of 19,906 trips on its electric scooters since the launch of the pilot program (to end of January).  The average trip length on a Spin electric scooter was about 0.93 miles.  Spin reported five accidents and no injuries as of end of January 2019.

Since the inception of the pilot programs, City of Coral Gables staff has advised that it has received few complaints from its residents and businesses with regard to electric scooters blocking the sidewalks or pedestrian pathways, speeding on the sidewalks, or being dumped on private property.  

Based on the results, Coral Gables considers both pilot programs to be successful and has extended the pilot programs with both vendors until Spring when it plans to issue a competitive solicitation for a vendor to provide the services for the City on a long-term basis.  Coral Gables staff has recommended that only one vendor be selected to operate in the City and that a cap be placed on the number of electric scooters allowed to operate in the City.  The ongoing pilot programs will help determine the maximum number of e-scooters that could be deployed and sustained in the City.

Attachment A includes the City of Coral Gables Ordinance on Electric Scooters and Attachment B includes the Memorandum of Understanding (MOU) between the City of Coral Gables and Spin. 

City of Miami

City of Miami is initiating a six (6) month pilot program for electric scooter rentals within City Commission District 2, which includes Wynwood, Midtown, Downtown, Brickell, and Coconut Grove. City of Miami recently issued a competitive solicitation for the pilot program and received applications from six (6) qualified vendors.  As part of the application process, each vendor was required to remit to the City a non-refundable licensing fee of $50,000 intended to offset the City's cost of police, parking, and code enforcement within the pilot program area.  Any excess funds from the licensing fee would be used to fund sidewalk and street improvements within the pilot program area.  Further, each vendor participating in the pilot program is required to remit to the City a fee of $1.00 per scooter per day.  The fee will be used to fund street and sidewalk improvements within the pilot program area.  City of Miami plans on engaging all six (6) qualified vendors and deploying its 6-month pilot program within the next couple of months.  

The City of Miami has adopted an ordinance for the e-scooter pilot program and potential long-term implementation, which, among other things, establishes rules and regulations for riding, operating, and parking e-scooters on streets and sidewalks; provides for insurance and indemnification; and establishes penalties and fines (Attachment C).

E-Scooter Concerns/Issues - Other Cities

Attachment D (Current “Micromobility” Safety and Complaints) provided by Citibike references a variety of safety issues and complaints experienced with e-scooters in other cities around the nation over the last year.  The cities include: San Francisco, CA; San Diego, CA; Tempe, AZ' Cleveland, OH; St. Louis, MI; Washington D.C.; Fort Lauderdale, FL.; and Orlando, FL.  There are a variety of safety issues and related complaints that raise serious concerns with allowing this mobility option.

Local Authority To Regulate E-Scooters

The Administration is aware of a couple of legislative bills which have been filed in the Florida House and Senate that, if approved, would pre-empt and limit cities' authority to regulate certain aspects of micromobility devices, including dockless electric bicycles and electric scooters, and grant certain regulatory powers to the State.  The Administration is monitoring both bills closely and working with the City Attorney's Office and the City's lobbying team in Tallahassee given the outcome may have a significant impact on Miami Beach.  Updates on the status of both bills will be provided via LTC or at upcoming City Commission meetings once the Legislative session begins.   

CONCLUSION:

The Administration continues to have concerns regarding issues related to sidewalk clutter and illegal placement and dumping of dockless devices.  Given the high level of pedestrian activity on many sidewalks in Miami Beach, at a minimum the Administration would not recommend. authorizing the use of these devices in high pedestrian areas such as South Beach, along beachwalks and baywalks, along the Collins Avenue corridor in Middle Beach (condo corridor), or along the Harding/Abbott/Indian Creek corridors in North Beach.   

Additionally, given the status of the pilot program in the City of Miami, the Administration recommends taking no action on this item at this time and waiting on the results of the City of Miami pilot as well as on the outcome of the bills that have been filed in the Florida House and Senate.  In the meanwhile, the Administration will work with its state lobbying team to advocate for local authority in terms of continuing to have the ability to regulate electric scooter operation in Miami Beach.