Senate Bill sb1040

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1040

    By Senator Dawson





    29-1028-05                                          See HB 603

  1                      A bill to be entitled

  2         An act relating to bicycle lanes and pedestrian

  3         ways; amending s. 335.065, F.S.; requiring

  4         incorporation of bicycle and pedestrian ways

  5         into state, regional, and local transportation

  6         plans and programs; requiring establishment of

  7         bicycle lanes under certain circumstances;

  8         providing for bicycle lane width requirements

  9         in the department's construction standards;

10         amending s. 335.066, F.S.; revising the purpose

11         of the department's Safe Paths to Schools

12         Program; requiring the department to establish

13         a grant program to fund projects that support

14         the program; authorizing the department to

15         adopt rules; amending s. 335.093, F.S.;

16         providing for inclusion of bicycle and

17         pedestrian ways into planning and design

18         standards for scenic highway designation to

19         incorporate specified requirements; providing

20         an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Section 335.065, Florida Statutes, is

25  amended to read:

26         335.065  Bicycle and pedestrian ways along state roads

27  and transportation facilities.--

28         (1)(a)  Bicycle and pedestrian ways shall be

29  incorporated into given full consideration in the planning and

30  development of transportation facilities, including the

31  incorporation of such ways into state, regional, and local

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1040
    29-1028-05                                          See HB 603




 1  transportation plans and programs. Bicycle and pedestrian ways

 2  shall be established in conjunction with the construction,

 3  reconstruction, or other change of any state transportation

 4  facility, and special emphasis shall be given to projects in

 5  or within 1 mile of an urban area. Except as provided in

 6  paragraph (b), bicycle lanes shall be established if there is

 7  sufficient right-of-way whenever there is construction,

 8  reconstruction, or other change of any state transportation

 9  facility.

10         (b)  Notwithstanding the provisions of paragraph (a),

11  bicycle and pedestrian ways are not required to be

12  established:

13         1.  Where their establishment would be contrary to

14  public safety;

15         2.  When the cost would be excessively disproportionate

16  to the need or probable use;

17         3.  Where other available means or factors indicate an

18  absence of need.

19         (2)  The department shall establish construction

20  standards and a uniform system of signing for bicycle and

21  pedestrian ways. Standard shoulders of a minimum of 5 feet in

22  width are required where right-of-way exists. This criteria is

23  set forth in the Plans Preparation Manual.

24         (3)  The department, in cooperation with the Department

25  of Environmental Protection, shall establish a statewide

26  integrated system of bicycle and pedestrian ways in such a

27  manner as to take full advantage of any such ways which are

28  maintained by any governmental entity. For the purposes of

29  this section, bicycle facilities may be established as part of

30  or separate from the actual roadway and may utilize existing

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1040
    29-1028-05                                          See HB 603




 1  road rights-of-way or other rights-of-way or easements

 2  acquired for public use.

 3         Section 2.  Section 335.066, Florida Statutes, is

 4  amended to read:

 5         335.066  Safe Paths to Schools Program.--

 6         (1)  There is established in the Department of

 7  Transportation the Safe Paths to Schools Program to facilitate

 8  consider the planning and construction of bicycle and

 9  pedestrian ways to provide safe transportation for children

10  from neighborhoods to schools, parks, and the state's

11  greenways and trails system.

12         (2)  As a part of the Safe Paths to Schools Program,

13  the department shall may establish a grant program to fund

14  local, regional, and state bicycle and pedestrian projects

15  that support the program.

16         (3)  The department may adopt appropriate rules

17  pursuant to ss. 120.536(1) and 120.54 for the administration

18  of the Safe Paths to Schools Program.

19         Section 3.  Subsection (2) of section 335.093, Florida

20  Statutes, is amended to read:

21         335.093  Scenic highway designation.--

22         (2)(a)  The department may by rule adopt appropriate

23  criteria for the designation of scenic highways and may

24  specify appropriate planning and design standards, including

25  corridor management plans on such scenic highways.

26         (b)  The Legislature recognizes that scenic roads and

27  corridors are primary bicycle and pedestrian routes. Planning

28  and design standards under paragraph (a) must provide for

29  inclusion of bicycle and pedestrian ways in compliance with s.

30  335.065.

31         Section 4.  This act shall take effect July 1, 2005.

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