HB 0603

1	A bill to be entitled
2	An act relating to bicycle lanes and pedestrian ways;
3	amending s. 335.065, F.S.; requiring incorporation of
4	bicycle and pedestrian ways into state, regional, and
5	local transportation plans and programs; requiring
6	establishment of bicycle lanes under certain
7	circumstances; providing for bicycle lane width
8	requirements in the department's construction standards;
9	amending s. 335.066, F.S.; revising the purpose of the
10	department's Safe Paths to Schools Program; requiring the
11	department to establish a grant program to fund projects
12	that support the program; authorizing the department to
13	adopt rules; amending s. 335.093, F.S.; providing for
14	inclusion of bicycle and pedestrian ways into planning and
15	design standards for scenic highway designation to
16	incorporate specified requirements; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 335.065, Florida Statutes, is amended
22	to read:
23	335.065  Bicycle and pedestrian ways along state roads and
24	transportation facilities.--
25	(1)(a)  Bicycle and pedestrian ways shall be incorporated
26	into given full consideration in the planning and development of
27	transportation facilities, including the incorporation of such
28	ways into state, regional, and local transportation plans and
29	programs. Bicycle and pedestrian ways shall be established in
30	conjunction with the construction, reconstruction, or other
31	change of any state transportation facility, and special
32	emphasis shall be given to projects in or within 1 mile of an
33	urban area. Except as provided in paragraph (b), bicycle lanes
34	shall be established if there is sufficient right-of-way
35	whenever there is construction, reconstruction, or other change
36	of any state transportation facility.
37	(b)  Notwithstanding the provisions of paragraph (a),
38	bicycle and pedestrian ways are not required to be established:
39	1.  Where their establishment would be contrary to public
40	safety;
41	2.  When the cost would be excessively disproportionate to
42	the need or probable use;
43	3.  Where other available means or factors indicate an
44	absence of need.
45	(2)  The department shall establish construction standards
46	and a uniform system of signing for bicycle and pedestrian ways.
47	Standard shoulders of a minimum of 5 feet in width are required
48	where right-of-way exists. This criteria is set forth in the
49	Plans Preparation Manual.
50	(3)  The department, in cooperation with the Department of
51	Environmental Protection, shall establish a statewide integrated
52	system of bicycle and pedestrian ways in such a manner as to
53	take full advantage of any such ways which are maintained by any
54	governmental entity. For the purposes of this section, bicycle
55	facilities may be established as part of or separate from the
56	actual roadway and may utilize existing road rights-of-way or
57	other rights-of-way or easements acquired for public use.
58	Section 2.  Section 335.066, Florida Statutes, is amended
59	to read:
60	335.066  Safe Paths to Schools Program.--
61	(1)  There is established in the Department of
62	Transportation the Safe Paths to Schools Program to facilitate
63	consider the planning and construction of bicycle and pedestrian
64	ways to provide safe transportation for children from
65	neighborhoods to schools, parks, and the state's greenways and
66	trails system.
67	(2)  As a part of the Safe Paths to Schools Program, the
68	department shall may establish a grant program to fund local,
69	regional, and state bicycle and pedestrian projects that support
70	the program.
71	(3)  The department may adopt appropriate rules pursuant to
72	ss. 120.536(1) and 120.54 for the administration of the Safe
73	Paths to Schools Program.
74	Section 3.  Subsection (2) of section 335.093, Florida
75	Statutes, is amended to read:
76	335.093  Scenic highway designation.--
77	(2)(a)  The department may by rule adopt appropriate
78	criteria for the designation of scenic highways and may specify
79	appropriate planning and design standards, including corridor
80	management plans on such scenic highways.
81	(b)  The Legislature recognizes that scenic roads and
82	corridors are primary bicycle and pedestrian routes. Planning
83	and design standards under paragraph (a) must provide for
84	inclusion of bicycle and pedestrian ways in compliance with s.
85	335.065.
86	Section 4.  This act shall take effect July 1, 2005.

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