316.2065 Bicycle regulations.
(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

316.2065 Bicycle regulations.

(5)(a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking and passing another bicycle or vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or into a private road or driveway.

3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge.

For the purposes of this subsection, a "substandard-width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

It has come to my attention that proposed bill HB 971 contains a revision to 316.2065 (5) (a); which adds a mandatory bike lane use restriction for bicycle users.

As both a motorist and a cyclist, I am infuriated that such a revision has been slated for implementation. Besides the fact that such a revision was not properly publicized to the cycling community beforehand, the process of forcing cyclists to utilize bike lanes when bike lanes exist is both dangerous and discriminatory to cyclists as legitimate road users, commuters, and citizens; as I will explain below. In addition, such a law will also inconvenience motor vehicle users and directly result in an increased frequency of potential fatal and non-fatal cycling-related accidents.

This mandatory cycle lane use law opens cyclists up to innumerable hazards and avoidable issues, all of which can be averted under the current, unrevised law. This includes, but is not limited to:

-Forcing cyclists to use bike lanes which travel adjacent to parallel parking spaces, which severely increase the chances that a cyclist will be hit by a motorist opening his or her car door. Arguably one of the most repeatedly fatal issues listed here,
-Forcing the use of bike lanes placed immediately behind angled (nose-first) parking spaces, forcing cyclists into a blind spot wherein motorists cannot see approaching cyclists. Accidents in such case can be completely avoided in such cases - had the cyclist been allowed to utilize the full lane, thereby giving the cyclist an opportunity to be properly seen by the motorist,
-Forces cyclists to use all forms of bike lanes created under outdated FHWA Manuals on Uniform Traffic Control Devices (M.U.T.C.D.), including bike lanes which do not end within 100 feet of an intersection,
-Contradicts exceptions presently outlined in 316.2065, making it far more difficult for cyclists to protect themselves against motorist harassment and defend their legal positions in court,
-Increases the potential for law enforcement to unfairly harass and issue erroneous citations to cyclists,
-Forces cyclists to defer to sidewalks when bike lanes merge with such sidepaths, despite the fact that it has been shown that shared paths are not proper facilities for cycle commuter traffic.

This issue affects cyclists of all walks of life: families, commuters, enthusiasts, car-free citizens, and those who own motor vehicles as well. These are law-abiding, proud citizens of Florida who appreciate proper and just laws. To enact this revision to 316.2065 would be an injustice to the people of Florida. Even the latest M.U.T.C.D. notes that sharrow-style markings and similar markings are superior to the outdated, poor design of the majority of bike lanes.

Over the last two years, the various cities of Florida have since increased their efforts to make Florida a better place for all road users, particularly cyclists. These efforts have opened countless opportunities for Florida to reduce its historically elevated cyclist accident rates; additionally, these improvements have also created extensive positive press for Florida cycling in media, both online and print - this has undoubtedly encouraged cyclists from other states to vacation in the wonderful weather of Florida whilst enjoying their favorite hobby. The addition of this revision to 316.2065 (5) (a) would singlehandedly defeat all the commendable progress made so far.

This said, I earnestly suggest that this particular revision be repealed - it is arguably the largest defeat Florida cycling could have in the last 20 years, if not more. Please, think of the needless exasperation, injury, and lives that can be spared if this unnecessary revision to the law was repealed.

Thank you very much for your time.