Title: Bicycle Sharing

Summary: Provides requirements for bicycles made available for rental or lease by bicycle sharing company; requires bicycle sharing companies, users, or operators to comply with certain regulations; provides company responsibilities; authorizes local governmental entity to issue certain fines to bicycle sharing company; prohibits local governmental entity from limiting or preventing operation of bicycle sharing company or any company engaged in rental of bicycles.

Full Text:
An act relating to bicycle sharing; creating s. 341.851, F.S.; providing legislative intent; providing definitions; providing requirements for bicycles made available for rental or lease by a bicycle sharing company; requiring bicycle sharing companies, users, or operators to comply with certain regulations; providing company responsibilities; authorizing a local governmental entity to issue certain fines to a bicycle sharing company; prohibiting a local governmental entity, under certain circumstances, from limiting or preventing a bicycle sharing company or any company engaged in the rental of bicycles from operating within its jurisdiction; providing construction; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 341.851, Florida Statutes, is created to read: 341.851 Bicycle sharing.-(1) LEGISLATIVE INTENT.-It is the intent of the Legislat ure to provide Florida residents with access to innovative, environmentally friendly transportation options and to ensure the safety and reliability of bicycle sharing services CS/CS/HB 1033 2018 within the state. (2) DEFINITIONS.-As used in this section, the term: (a) "Bicycle" means a bicycle as defined in s. 316.003. (b) "Bicycle sharing company" means a person who makes bicycles available for immediate, self-service rental or lease at automated docking stations or through an online application, software, or website. (c) "Docking station" means a bicycle rack where bicycles may be parked which is controlled by a bicycle sharing company. (d) "Local governmental entity" means a county, municipality, special district, airport authority, port authority, or other local governmental entity or subdivision. (e) "User" means a person who reserves a bicycle through a bicycle sharing company's online application, software, or website. (3) BICYCLE REQUIREMENTS.-(a) Each bicycle made available for rental or lease by a bicycle sharing company must: 1. Meet the requirements for bicycles set forth in 44 C.F.R. part 1512. 2. Prominently display the bicycle company's name or trade dress. 3. Display an e-mail address or a telephone number at which a user or operator may contact the bicycle sharing company for customer support. CS/CS/HB 1033 2018 4. Be lawfully parked when not in use. (b) A bicycle sharing company, user, or operator must comply with the requirements of s. 316.2065. (4) COMPANY RESPONSIBILITIES.-(a) A bicycle sharing company must register with the Division of Corporations of the Department of State and must provide such registration upon request to any local governmental entity in whose jurisdiction the company operates. A local governmental enti ty may issue a bicycle sharing company a fine of up to $1,000 for failure to comply with this paragraph. (b) A bicycle sharing company must provide to users: 1. Notification that bicycles must be operated in compliance with state and local law. 2. Contact information that enables a user to notify the bicycle sharing company of an issue relating to the safety or maintenance of a bicycle. (c) A bicycle sharing company is responsible for the maintenance and rebalancing of each bicycle made available fo rrental or lease and for the removal of any such bicycle that is for any reason inoperable or does not comply with paragraph (3)(a). (d) A bicycle sharing company is responsible for securing all company bicycles located within any area of the state wher ean active tropical storm or hurricane warning has been issued. A local governmental entity may issue a bicycle sharing company a CS/CS/HB 1033 2018 fine of up to $1,000 for failure to comply with this paragraph. (5) PREEMPTION.-(a) A local governmental entity may not take any action or adopt any local ordinance, policy, or regulation that is designed to limit or prevent a bicycle sharing company or any company engaged in the rental of bicycles from operating within its jurisdiction, provided that the company has demons trated compliance with all local laws and regulations applicable to other similar businesses seeking to do business or presently doing business within that jurisdiction. (b) This subsection does not prohibit: 1. An airport or seaport from designating locations for staging, pickup, and other similar operations relating to bicycles at the airport or seaport; 2. A local governmental entity from entering into agreements with bicycle sharing companies for the placement of docking stations on public land; or 3. A local governmental entity from enforcing uniform traffic laws and ordinances under chapter 316. Section 2. This act shall take effect upon becoming a law.