Florida appeals court confirms statutory bike lane requirements
03-27-08, 08:55 PM
#26
Junior Member
Join Date: Oct 2006
Posts: 8
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
(1) Other Florida Statutes required FDOT to adopt "uniform minimum standards for the design of roadways" to include bike lane design.
(2) Those "uniform minimum standards" were adopted as administrative rules and are the same AASHTO standards I am sure you know about, since you appear to be so on top of this subject.
(3) Since those rules were adopted pursuant to statute, the rules (which require 4-5 foot marked bike lanes) cannot be changed at the whim of FDOT; it's a rather lengthy, public process.
(4) Moreover, the Legislature would have to change the statute, §335.065 (bike lanes required), and §334.065 (requiring min. stds. adopted) in order for FDOT to screw the cyclists once again.
However, to show you the cavalier attitude of FDOT, today's Palm Beach Post has reported:
Local Department of Transportation officials said they were awaiting an interpretation of the ruling from their attorneys, but they were not expecting any major changes in policies or procedures.
"I don't anticipate any changes in our approach to planning future bike lane projects," Department of Transportation District Secretary Jim Wolfe said.
https://www.palmbeachpost.com/localne...tlid=inform_sr
03-28-08, 02:30 AM
#27
Ride the Road
Join Date: Jan 2004
Location: Columbus, Ohio
Posts: 4,059
Bikes: Surly Cross-Check; hard tail MTB
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 5 Times
in
3 Posts
334.065 says nothing about bike lanes. 335.065 only requires bicycle "ways," and again, says nothing about bike lanes.
334.065 Center for Urban Transportation Research.--
(1) There is established at the University of South Florida the Florida Center for Urban Transportation Research, to be administered by the Board of Governors of the State University System. The responsibilities of the center include, but are not limited to, conducting and facilitating research on issues related to urban transportation problems in this state and serving as an information exchange and depository for the most current information pertaining to urban transportation and related issues.
(2) The center shall be a continuing resource for the Legislature, the Department of Transportation, local governments, the nation's metropolitan regions, and the private sector in the area of urban transportation and related research and shall generate support in addition to its state-funded base of support provided by s. 206.606. The center shall promote intercampus transportation and related research activities among Florida's universities in order to enhance the ability of these universities to attract federal and private sector funding for transportation and related research.
(3) An advisory board shall be created to periodically and objectively review and advise the center concerning its research program. Except for projects mandated by law, state-funded base projects shall not be undertaken without approval of the advisory board. The membership of the board shall consist of nine experts in transportation-related areas, including the secretaries of the Florida Departments of Transportation, Community Affairs, and Environmental Protection, or their designees, and a member of the Florida Transportation Commission. The nomination of the remaining members of the board shall be made to the President of the University of South Florida by the College of Engineering at the University of South Florida, and the appointment of these members must be reviewed and approved by the Florida Transportation Commission and confirmed by the Board of Governors.
(4) The center shall develop a budget pursuant to chapter 216. This budget shall be submitted to the Governor along with the budget of the Board of Governors.
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. 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.
(1) There is established at the University of South Florida the Florida Center for Urban Transportation Research, to be administered by the Board of Governors of the State University System. The responsibilities of the center include, but are not limited to, conducting and facilitating research on issues related to urban transportation problems in this state and serving as an information exchange and depository for the most current information pertaining to urban transportation and related issues.
(2) The center shall be a continuing resource for the Legislature, the Department of Transportation, local governments, the nation's metropolitan regions, and the private sector in the area of urban transportation and related research and shall generate support in addition to its state-funded base of support provided by s. 206.606. The center shall promote intercampus transportation and related research activities among Florida's universities in order to enhance the ability of these universities to attract federal and private sector funding for transportation and related research.
(3) An advisory board shall be created to periodically and objectively review and advise the center concerning its research program. Except for projects mandated by law, state-funded base projects shall not be undertaken without approval of the advisory board. The membership of the board shall consist of nine experts in transportation-related areas, including the secretaries of the Florida Departments of Transportation, Community Affairs, and Environmental Protection, or their designees, and a member of the Florida Transportation Commission. The nomination of the remaining members of the board shall be made to the President of the University of South Florida by the College of Engineering at the University of South Florida, and the appointment of these members must be reviewed and approved by the Florida Transportation Commission and confirmed by the Board of Governors.
(4) The center shall develop a budget pursuant to chapter 216. This budget shall be submitted to the Governor along with the budget of the Board of Governors.
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. 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.
03-28-08, 07:58 AM
#28
Junior Member
Join Date: Oct 2006
Posts: 8
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
My bad -
1. Section 334.044(10)(a), Fla. Stat., requires FDOT to develop and adopt uniform minimum standards and criteria for the design, construction, maintenance, and operation of public roads pursuant to the provisions of § 336.045, Fla. Stat.
2. The aforementioned Section 336.045(1), Fla. Stat., requires FDOT to develop and adopt uniform minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
3. Pursuant to Chapter 120, the Florida Administrative Procedures Act, FDOT adopted the “Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways” (commonly known as the “Florida Greenbook” or "Greenbook") as one of two sources (the other being the "Plans Preparation Manual" or "PPM" described below) of minimum standards required to be adopted pursuant to the above-referenced § 334.065, Fla. Stat.
4. The Florida Greenbook is developed by a committee which includes engineers from cities, counties, the private sector and FDOT.
5. Florida Administrative Code Rule 14-15.001 specifically incorporates by reference the "Florida Greenbook" as the uniform minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
6. The Florida Greenbook establishes that bike lanes are to be established consistent with the illustration depicted in Figure 9-1 as provided therein. A true and correct copy of Figure 9-1 from the Florida Greenbook is attached as Exhibit “C”.
7. Figure 9-1, which incorporates the text requirements in graphic representations for minimum bicycle lane widths, provides that bicycle lanes shall be:
(a) Five (5) feet wide, on a curbed street without parking;
(b) Five (5) feet wide, on a curbed street with parking; and
(c) Four (4) feet wide, on a roadway without a curb and gutter.
8. Pursuant to Chapter 120, the Administrative Procedures Act, FDOT also adopted the “Plans Preparation Manual” (commonly known as the “PPM”) as additional and complimentary minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
9. The PPM sets forth geometric and other design criteria, as well as procedures, for FDOT projects.
10. Florida Administrative Code Rule 14-98.001 specifically incorporates by reference the PPM as the minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
11. The Florida Greenbook and PPM are not mutually exclusive, complement each other, and are both binding upon FDOT in establishing the minimum and mandatory standards and criteria for the design, construction, and maintenance of bicycle lanes.
12. FDOT’s Plans Preparation Manual establishes:
(a) Bike facilities shall be considered on all projects;
(b) Within an urbanized area or on projects with a curb and gutter, the bike facility shall be either designated or undesignated bike lanes;
(c) Bike facilities must be given full consideration on all proposed projects, including those which contemplate resurfacing, restoration, and rehabilitation (“RRR”);
(d) On curb and gutter roadways (as is the case on some sections of State Road A1A in Palm Beach County), a four (4) foot designated bike lane, measured from the edge of the gutter pan, is the minimum required; and
(e) On "rural section" roadways (no curb and gutter – as is the case on most sections of State Road A1A in Palm Beach County) a five (5) foot designated bike lane, measured from the outside edge of asphalt to the outside vehicle lane stripe (or “fog line”) is the minimum required.
13. The PPM establishes that bike lanes are to be established consistent with Table 2.1.2 as provided therein.
14. Table 2.1.2 of the PPM sets forth the minimum bicycle lane widths for bicycle lanes, which shall be a minimum of 4 – 5 feet, depending upon the designation of the road as rural or urban, and as arterial or collector.
15. Section 8.4.1 of the PPM establishes that bike lanes are to be established consistent with the illustration depicted in FDOT Design Standards, Index 17346.
16. Pages 9 - 12 of FDOT Design Standards, Index 17346, which incorporates the text requirements of the PPM in graphic representations for minimum bicycle lane widths, likewise provides that bicycle lanes shall a minimum of 4-5 feet.
17. The bicycle lane width measurements of both the Florida Greenbook and the Plans Preparation Manual are non-discretionary, to the extent that they were formulated by state and national professional transportation engineers who have spent years studying the safe minimum separation distance for motorists and cyclists to co-exist on the state’s roadways.
1. Section 334.044(10)(a), Fla. Stat., requires FDOT to develop and adopt uniform minimum standards and criteria for the design, construction, maintenance, and operation of public roads pursuant to the provisions of § 336.045, Fla. Stat.
2. The aforementioned Section 336.045(1), Fla. Stat., requires FDOT to develop and adopt uniform minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
3. Pursuant to Chapter 120, the Florida Administrative Procedures Act, FDOT adopted the “Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways” (commonly known as the “Florida Greenbook” or "Greenbook") as one of two sources (the other being the "Plans Preparation Manual" or "PPM" described below) of minimum standards required to be adopted pursuant to the above-referenced § 334.065, Fla. Stat.
4. The Florida Greenbook is developed by a committee which includes engineers from cities, counties, the private sector and FDOT.
5. Florida Administrative Code Rule 14-15.001 specifically incorporates by reference the "Florida Greenbook" as the uniform minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
6. The Florida Greenbook establishes that bike lanes are to be established consistent with the illustration depicted in Figure 9-1 as provided therein. A true and correct copy of Figure 9-1 from the Florida Greenbook is attached as Exhibit “C”.
7. Figure 9-1, which incorporates the text requirements in graphic representations for minimum bicycle lane widths, provides that bicycle lanes shall be:
(a) Five (5) feet wide, on a curbed street without parking;
(b) Five (5) feet wide, on a curbed street with parking; and
(c) Four (4) feet wide, on a roadway without a curb and gutter.
8. Pursuant to Chapter 120, the Administrative Procedures Act, FDOT also adopted the “Plans Preparation Manual” (commonly known as the “PPM”) as additional and complimentary minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
9. The PPM sets forth geometric and other design criteria, as well as procedures, for FDOT projects.
10. Florida Administrative Code Rule 14-98.001 specifically incorporates by reference the PPM as the minimum standards and criteria for the design, construction, and maintenance of bicycle lanes.
11. The Florida Greenbook and PPM are not mutually exclusive, complement each other, and are both binding upon FDOT in establishing the minimum and mandatory standards and criteria for the design, construction, and maintenance of bicycle lanes.
12. FDOT’s Plans Preparation Manual establishes:
(a) Bike facilities shall be considered on all projects;
(b) Within an urbanized area or on projects with a curb and gutter, the bike facility shall be either designated or undesignated bike lanes;
(c) Bike facilities must be given full consideration on all proposed projects, including those which contemplate resurfacing, restoration, and rehabilitation (“RRR”);
(d) On curb and gutter roadways (as is the case on some sections of State Road A1A in Palm Beach County), a four (4) foot designated bike lane, measured from the edge of the gutter pan, is the minimum required; and
(e) On "rural section" roadways (no curb and gutter – as is the case on most sections of State Road A1A in Palm Beach County) a five (5) foot designated bike lane, measured from the outside edge of asphalt to the outside vehicle lane stripe (or “fog line”) is the minimum required.
13. The PPM establishes that bike lanes are to be established consistent with Table 2.1.2 as provided therein.
14. Table 2.1.2 of the PPM sets forth the minimum bicycle lane widths for bicycle lanes, which shall be a minimum of 4 – 5 feet, depending upon the designation of the road as rural or urban, and as arterial or collector.
15. Section 8.4.1 of the PPM establishes that bike lanes are to be established consistent with the illustration depicted in FDOT Design Standards, Index 17346.
16. Pages 9 - 12 of FDOT Design Standards, Index 17346, which incorporates the text requirements of the PPM in graphic representations for minimum bicycle lane widths, likewise provides that bicycle lanes shall a minimum of 4-5 feet.
17. The bicycle lane width measurements of both the Florida Greenbook and the Plans Preparation Manual are non-discretionary, to the extent that they were formulated by state and national professional transportation engineers who have spent years studying the safe minimum separation distance for motorists and cyclists to co-exist on the state’s roadways.
03-28-08, 09:36 AM
#29
Domestique
Thread Starter
Join Date: Sep 2004
Location: Miami
Posts: 16
Bikes: 2006 Felt B2, 2006 Raleigh Competition, 1999 Trek 2500, 1979 Miyata 610, 2005 Fuji Track, Old Trek 800, 1988 Miyata 112
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
FDOT adopted (through administrative rule) the Federal Manual for Uniform Traffic Control Devices. At the time that 335.065 was enacted, the MUTCA used the term "bikeway". The term “bikeway” is defined in MUTCA Section 9A.03 as “a generic term for any road, street, path, or way that in some manner is specifically designated for bicycle travel” (empahsis added) and the term “bicycle trail” was used to designate only off-road trails or paths. This term has now been abandoned in favor of “shared-use path or trail” to recognize the use of these off-road facilities by many different non-motorized users (walkers, joggers, in-line skaters, people in wheelchairs, strollers, etc.). In order to be consistent and internally correct, the generic term “bikeway” is used in MUTCA discussions, so as to include on-street bicycle lanes and bicycle routes, as well as off-street paths and trails. That's why the FDOT's report to the Florida Legislature noted (at footnote 1) that what used to be called a bikeway (and is noted in the statute as a "bike way") is a bike lane.
03-29-08, 04:39 AM
#30
Ride the Road
Join Date: Jan 2004
Location: Columbus, Ohio
Posts: 4,059
Bikes: Surly Cross-Check; hard tail MTB
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 5 Times
in
3 Posts
. . . In order to be consistent and internally correct, the generic term “bikeway” is used in MUTCA discussions, so as to include on-street bicycle lanes and bicycle routes, as well as off-street paths and trails. That's why the FDOT's report to the Florida Legislature noted (at footnote 1) that what used to be called a bikeway (and is noted in the statute as a "bike way") is a bike lane.
I do see the point that FDOT can interpret the "bikeway" statute to mean the "bike lanes" should be preferred. I just don't see how any words in any Florida statute require that.
03-29-08, 10:16 AM
#31
Senior Member
Join Date: Jul 2007
Location: Halle, Germany
Posts: 483
Bikes: Surly Troll
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times
in
0 Posts
I was in north FL in December, in Tallahassee area and found a nice paved shoulder along all of the FL state roads. Compared to any other state in the southeastern US, the FL state roads in the panhandle area are very good for cycling. (I can't comment about the rest of FL since I have not been there recently). The paved shoulders are not signed or marked as "bike lanes" outside of Tallahassee. The width of the shoulder was about 4 feet in most places, enough so that cars or trucks passing by had plenty of distance between me and them. What is there to change or improve with that? I wish that other states had more roads set up with shoulders like that.
03-29-08, 10:24 AM
#32
♋ ☮♂ ☭ ☯
Join Date: Feb 2005
Location: 40205 'ViLLeBiLLie
Posts: 7,902
Bikes: Sngl Spd's, 70's- 80's vintage, D-tube Folder
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 2 Times
in
2 Posts
^^^^^ Ive only lived here 8 months and am going to leave as soon
as the matter that brought us here is taken care of so take this opinion
with a grain of salt :
S. Florida is very different than N. Florida.......Almost like they should
break it up like the Carolinas, South and North. North Fl has an actual Southern
feel to it whereas S. Fl seems to feel like the absolute worst NY, Jersey or
MAss might have to offer. South Florida is a most unpleasant cycling experience
for the daily commuter. If you are a weekend sightseer there is lots of nice stuff
but venture off into the urban areas during the week days and its very hostile.
My letter writing campaigns are focused on asking official type people just to
address the mean spiritedness of the people here and how it translates to the
safety issues that apply to utilitarians on the road, whatever that solution might be.
as the matter that brought us here is taken care of so take this opinion
with a grain of salt :
S. Florida is very different than N. Florida.......Almost like they should
break it up like the Carolinas, South and North. North Fl has an actual Southern
feel to it whereas S. Fl seems to feel like the absolute worst NY, Jersey or
MAss might have to offer. South Florida is a most unpleasant cycling experience
for the daily commuter. If you are a weekend sightseer there is lots of nice stuff
but venture off into the urban areas during the week days and its very hostile.
My letter writing campaigns are focused on asking official type people just to
address the mean spiritedness of the people here and how it translates to the
safety issues that apply to utilitarians on the road, whatever that solution might be.
