335.065 Bicycle and pedestrian ways along state roads and transportation facilities.—
(1)(a) Bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into state, regional, and local transportation plans and programs. Bicycle and pedestrian ways shall be established in conjunction with the construction, reconstruction, or other change of any state transportation facility, and special emphasis shall be given to projects in or within 1 mile of an urban area.
(b) Notwithstanding the provisions of paragraph (a), bicycle and pedestrian ways are not required to be established:
1. Where their establishment would be contrary to public safety;
2. When the cost would be excessively disproportionate to the need or probable use;
3. Where other available means or factors indicate an absence of need.
(2) The department shall establish construction standards and a uniform system of signing for bicycle and pedestrian ways.
(3) The department, in cooperation with the Department of Environmental Protection, shall establish a statewide integrated system of bicycle and pedestrian ways in such a manner as to take full advantage of any such ways which are maintained by any governmental entity. The department may enter into a concession agreement with a not-for-profit entity or private sector business or entity for commercial sponsorship displays on multiuse trails and related facilities and use any concession agreement revenues for the maintenance of the multiuse trails and related facilities. Commercial sponsorship displays are subject to the requirements of the Highway Beautification Act of 1965 and all federal laws and agreements, when applicable. For the purposes of this section, bicycle facilities may be established as part of or separate from the actual roadway and may utilize existing road rights-of-way or other rights-of-way or easements acquired for public use.
(a) A concession agreement shall be administered by the department and must include the requirements of this section.
(b)1. Signage or displays erected under this section shall comply with s. 337.407 and chapter 479 and shall be limited as follows:
a. One large sign or display, not to exceed 16 square feet in area, may be located at each trailhead or parking area.
b. One small sign or display, not to exceed 4 square feet in area, may be located at each designated trail public access point.
2. Before installation, each name or sponsorship display must be approved by the department.
3. The department shall ensure that the size, color, materials, construction, and location of all signs are consistent with the management plan for the property and the standards of the department, do not intrude on natural and historic settings, and contain only a logo selected by the sponsor and the following sponsorship wording:
(Name of the sponsor) proudly sponsors the costs of maintaining the (Name of the greenway or trail) .
4. All costs of a display, including development, construction, installation, operation, maintenance, and removal costs, shall be paid by the concessionaire.
(c) A concession agreement shall be for a minimum of 1 year, but may be for a longer period under a multiyear agreement, and may be terminated for just cause by the department upon 60 days’ advance notice. Just cause for termination of a concession agreement includes, but is not limited to, violation of the terms of the concession agreement or this section.
1(4)(a) The department may use appropriated funds to support the establishment of a statewide system of interconnected multiuse trails and to pay the costs of planning, land acquisition, design, and construction of such trails and related facilities. The department shall give funding priority to projects that:
1. Are identified by the Florida Greenways and Trails Council as a priority within the Florida Greenways and Trails System under chapter 260.
2. Support the transportation needs of bicyclists and pedestrians.
3. Have national, statewide, or regional importance.
4. Facilitate an interconnected system of trails by completing gaps between existing trails.
(b) A project funded under this subsection shall: 1. Be included in the department’s work program developed in accordance with s. 339.135.
2. Be operated and maintained by an entity other than the department upon completion of construction. The department is not obligated to provide funds for the operation and maintenance of the project.
History.—ss. 1, 2, 4, 5, ch. 73-339; s. 5, ch. 84-284; s. 38, ch. 84-309; s. 26, ch. 85-180; s. 163, ch. 94-356; ss. 32, 55, ch. 2013-41; s. 1, ch. 2014-50; ss. 42, 66, ch. 2014-53; s. 4, ch. 2014-169; s. 26, ch. 2014-215; s. 8, ch. 2014-223.
A. Section 42, ch. 2014-53, added subsection (4) “[i]n order to implement Specific Appropriation 1913 of the 2014-2015 General Appropriations Act.”
B. Section 66, ch. 2014-53, provides that “[i]f any other act passed during the 2014 Regular Session contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act takes precedence and continues to operate, notwithstanding the future repeal provided by this act.” Section 1, ch. 2014-50, and s. 4, ch. 2014-169, added substantively similar language but designated it as subsections (4) and (5) instead of dividing subsection (4) into paragraphs as in s. 42, ch. 2014-53. Section 1, ch. 2014-50, and s. 4, ch. 2014-169, did not include the repeal set for July 1, 2015, by s. 42, ch. 2014-53; that language is not published here pursuant to s. 66, ch. 2014-53.