Accept the recommendations of the Neighborhood and Community Affairs Committee regarding Dockless Bike Sharing Pilot Program.

Background

A variety of dockless bike sharing providers have deployed their services in several cities throughout the country.  Locally, in South Florida, Coral Gables, Key Biscayne, Miami Lakes, to name a few, have dockless bike sharing pilot programs underway or will do so shortly.  

On a related note, House Bill 1033 was recently filed in the State Legislature related to “dockless bicycle” sharing regulations containing the following preemption language:

64           (6) PREEMPTION.—

65           (a) It is the intent of the Legislature to provide for

66  uniformity of laws governing dockless bicycles and bicycle

67  sharing companies throughout the state. Dockless bicycles and

68  bicycle sharing companies shall be governed exclusively by state

69  law. A local governmental entity may not:

70           1. Impose a tax on, or require a license for, a dockless

71  bicycle or a bicycle sharing company relating to reserving a

72  dockless bicycle;

73           2. Subject a dockless bicycle or a bicycle sharing company

74  to any rate, entry, operation, or other requirement of the local

75  governmental entity;

76           3. Require a bicycle sharing company to obtain a business

77  license or any other type of authorization to operate within the

78  jurisdiction of the local governmental entity; or

79           4. Enter into a private agreement containing a provision

80  that prohibits a bicycle sharing company from operating within

81  the jurisdiction of the local governmental entity or that limits

82  the operation of a bicycle sharing company within such

83  jurisdiction. To the extent that a local governmental entity

84  entered into an agreement containing such a provision before

85  July 1, 2018, such provision is unenforceable.

86           (b) This subsection does not prohibit an airport or

87  seaport from designating locations for staging, pickup, and

88  other similar operations relating to dockless bicycles at the

89  airport or seaport.

The Administration will monitor the progress of House Bill 1033 and provide updates, as needed.

On December 13, 2017, the Mayor and City Commission discussed item No. R7J, entitled, “Approve 6 month permit w/ Spin, Dockless Bicycle Pilot” and the Mayor and City Commission referred this item to the Neighborhoods and Community Affairs Committee (NCAC) for discussion.

On December 20, 2017, the Neighborhoods and Community Affairs Committee held a discussion regarding a dockless bike sharing pilot program and directed the Administration to:

1. Learn about Florida House Bill 1033 (HB 1033) and its potential implications related to dockless bike sharing and bike sharing companies; and

2. Develop a regulatory framework that would address the issue of bicycle placement on the right-of-way and how bicycles may have GPS technology to determine their exact placement and violations thereof.