Myrtle Street Update: March 19, 2012

Bicycle/Pedestrian Advocates (BPA) has been very active with the reconstruction of Myrtle Street, between US 301 and Old Bradenton Road.

On November 22, 2001, the City and County Commissions decided on the cheapest option for Myrtle, between US 301 and Old Bradenton Road.   They chose the option that involved only providing one sidewalk, on the south side of the road.   They chose this over the option of providing two sidewalks, bike lanes, and lighting.

We did some research and found 21 safety reasons why sidewalks on both sides, bike lanes, and lighting made sense for pedestrians, bicyclists, motorists, buses, and emergency vehicles.   BPA also provided 4 economic development reasons why this section of road should match its connecting parts, east and west, as well as most of the major north-south roads it meets.

These reasons are detailed in a letter that appears after this blog post.

BPA began meeting with community organizations and quickly found strong support for reconstructing Myrtle the correct way, the way that all the last few major reconstructions in the County have been done……….with sidewalks, bike lanes, and lighting.   The three last county projects we are referring to are Fruitville, from I-75 to Coburn, Bahia Vista (Pinecraft area), and South Honore.

It should be noted that Myrtle has bike lanes, lighting, and at least one sidewalk, on its parts to the east and west of the proposed reconstruction.   But, somehow, this section has been built with only one sidewalk for part of the way, no sidewalks for the rest, and no bike lanes or lighting.

Eventually, we achieved a historic first.   All five NHAs, along the entire length of Myrtle, from Bay Shore Road to Tuttle, signed letters of support.   This was done in recognition of the fact that even though the section proposed for reconstruction may not be in someone’s neighborhood, they will use it when their section feeds into it.

This phenomenon, all of the NHAs along the corridor, supporting reconstruction of just one part of the corridor, is something that may be replicated elsewhere in Sarasota in the future.

The following organizations have signed letters urging the City and County to rebuild Myrtle with sidewalks on both sides, bike lanes, and lighting.

Indian Beach Sapphire Shores Association

Bayou Oaks NHA

Janie’s Garden NHA

Amaryllis Park NHA

North County Improvement Organization

Sarasota NAACP

Bicycle/Pedestrian Advocates

North Trail Redevelopment Partnership

Booker High School

On February 21, this community coalition’s opinion was presented to the City Commission, prompting them to vote 5-0 for the more complete street.

On February 23, the opinion was presented to the County Commission and they directed their staff to figure out, with the City, how to fund it.

On March 14, County Engineer Jim Harriott revealed that the City has reportedly offered $1.6 million for the project, which is estimated to cost $6.9 million. The County estimated that it had found roughly $1 million from various funds and continues to search its various sources.  Harriott spoke of the possibility of finding funding sources over a several year period and building the project in stages.

Regarding money, this project is different from most because it is partially in the City and partially in the County.  And, apparently, there is no set protocol for how the City and County share costs in this type of situation.   Some say that since it is formally a “County maintained road”, responsibility for funding belongs entirely to the County.   Some in the County maintain that since Myrtle is in the City, from the railroad tracks to Old Bradenton, that the City should pay something.

It is apparent that this joint jurisdiction has been part of the problem as Myrtle, where it is entirely in the City, or in the County, is well built.   It is only this section, which is in joint jurisdiction, that has not been well built.  This is sad because it has left the Newtown Community without one of its main roads in good shape.  East of Newtown, from US 301 to Tuttle, Myrtle is well built, with sidewalks, bike lanes, and lighting.   West of Newtown, Myrtle will have at least one sidewalk, bike lanes, and lighting.  But, in Newtown itself, Myrtle is a disgrace.

21 Safety Reasons, 4 Economic Reasons why Myrtle should include Sidewalks on both sides of the road, Bike Lanes, and Lighting

Bicycle/Pedestrian Advocates

POB 3746   Sarasota, FL  34230   941-544-7788

                                                                        February 19, 2012

To Whom It May Concern:

 

Bicycle/Pedestrian Advocates recommends that the reconstruction of Myrtle Street, from US 301 to Old Bradenton Road, include sidewalks on both sides of the road, bicycle lanes, and lighting.

We are aware that this project is not on the current five year plan.   However, we are also aware that recent meetings have favored option 1(b) among the options presented by Sarasota County, an option which provides only one sidewalk, no bicycle lanes, and no lighting.

We support sidewalks on both sides of the road, bicycle lanes, and lighting for the following reasons:

Safety

             Safety: Particular Location, Demographics

1)   Booker High School, located within this segment, attracts many pedestrians and cyclists.

2)   Robert Taylor Community Center, attracts many pedestrians and cyclists.

3)   Booker Middle School, though outside this segment, attracts pedestrians and cyclists who need to use this segment of Myrtle Street.

4)   US 301 has recently been rebuilt with bike lanes and sidewalks.   Pedestrians and cyclists from our neighborhoods will wish to access US 301 from this segment of Myrtle St.

5)   Myrtle Street itself has bicycle lanes from Bay Shore Road across US 41 to Old Bradenton Road and from US 301 to Tuttle.   Also, a bridge near the Robert Taylor Community Center was recently rebuilt with sidewalks on both sides and bicycle lanes.   Regarding the bridge, it would not be a wise use of the public’s money, nor would it be safe, to build quick transitions from one sidewalk/no bicycle lanes to two sidewalks/bicycle lanes back to one sidewalk/no bicycle lanes.   Nor, on the proposed segment to be reconstructed, is it a good use of public dollars, or safe, to not provide bike lanes when the rest of the road provides bike lanes leading into it.

6)   Tuttle Avenue, on east end of Myrtle, includes bike lanes and is a major north-south connector for cyclists.   As Myrtle provides a connection from the west to Tuttle, it should also provide bike lanes throughout that connection.

7)   Old Bradenton Road is slated to be rebuilt with a roundabout at Myrtle, with bike lanes and sidewalks throughout its length.  As this segment of Myrtle connects to that, it should have similar facilities.

8)   Orange Avenue, in the vicinity of Booker High School, includes bike lanes and sidewalks.

9)   The demographics of this area include many college students and younger families, thus being relatively heavy with cyclists and pedestrians.

10)                   There are residential areas on the north side of Myrtle, thus producing pedestrian activity on both north and south sides of Myrtle.

Safety:  Motorists, Mass Transit, Emergency Vehicles

11)                   Bicycle lanes and sidewalks provide additional safe space for bus stops.

12)                   Lighting, specifically the lack thereof, is a problem in this area.   Major events, such as football games or cultural performances, have suffered from attendees being unable to find their way safely on Myrtle St.   And, obviously, lighting has obvious safety advantages for all traffic.

13)                    Bike lanes/paved shoulders reduce run-off-the-road crashes by 49% (FHWA, 1987), head on crashes 15-75%, sideswipe crashes by 15-41%, and fixed object crashes by 29-49% (FDOT, 2005).

14)                    Bike lanes provide increased safety for motorists who will not need to leave the lane to overtake cyclists.

15)                    Bike lanes provide increased space for disabled or emergency vehicles to leave the travel lanes.

16)                    Emergency vehicle access is improved as motorists have more room to pull off the road when bike lanes are present.

17)                    Motor vehicles, especially trucks, have greater maneuverability, visibility, and safety due to larger turning radii when bike lanes are present.   This is especially pertinent to Myrtle Street.  Those of us who drive Myrtle have to frequently stop for large tractor-trailers attempting to maneuver into the industrial businesses to the north.

18)                   Pavement life is increased due to structural support given to the pavement edge when bicycle lanes are present, reducing the raveling effect caused by heavy trucks, not only saving maintenance funds but increasing safety.

Safety:  Bicyclists/Pedestrians, General

19)                    An FDOT study of 2005 found that providing bike lanes/paved shoulders reduced motor vehicle/pedestrian crashes by 71%.

20)                    Pedestrian safety is improved not only by sidewalks but by the buffer space provided by bike lanes between sidewalks and traffic.   Also, pedestrian safety benefits from bike lanes when cyclists ride in bike lanes instead of the sidewalk.

21)                    Myrtle St. is a collector and thus should have bike lanes, as per FDOT’s Green Book and Plans Preparation Manual, and FHWA recommendations.

Economic Redevelopment

1)   The City of Sarasota has identified the Newtown area as a priority for economic redevelopment.  Thus, Myrtle St., which runs along the north end of Newtown, should not be reconstructed “on the cheap.”  Sidewalks, bike lanes, and lighting on Myrtle will not only facilitate traffic in this area but make the corridor itself more commercially attractive to all future types of development.   In the past, the City has tried to encourage more diverse commercial activities in this corridor.

2)   Myrtle is the major link, besides University Parkway, from US 301 to the North Trail.  Thus, it is important that it be as convenient and safe as possible for motorists and all road users.

3)   A Walmart, opening in late 2012, is planned for Myrtle and US 41.

4)   The City of Sarasota has identified the Myrtle/US 41 area as a major economic redevelopment node for the future.

Thank you for your consideration of our recommendation.

 

Sincerely,

 

 

Mike Lasché

Executive Director

 

 

cc:

Suzanne Atwell, Mayor, City of Sarasota

Terry Turner, Vice-Mayor, City of Sarasota

Paul Caragiulo, Commissioner, City of Sarasota

Willie Shaw, Commissioner, City of Sarasota

Shannon Snyder, Commissioner, City of Sarasota

Christine Robinson, Chairman, Sarasota County Commission

Carolyn Mason, Vice Chairman, Sarasota County Commission

Joe Barbetta, Sarasota County Commissioner

Nora Patterson, Sarasota County Commissioner

Jon Thaxton, Sarasota County Commissioner

 

 

 

 

                                    

Detailed Report: Bicycle/Pedestrian Legislation in the 2012 Florida Legislature

Florida Walks and Bikes

4114 Bay Shore Road   Sarasota, FL  34234   941-544-7788

Taking Florida from Worst to First

March 20, 2012

Bicycle/Pedestrian Legislation in the 2012 Florida Legislature:

Detailed Report

2012 was a very good year for bicycle/pedestrian legislation in Florida. Three groups of significant legislation were passed.  Another did not go far.   The fifth group, legislation which might unintentionally harm bicycle/pedestrian transportation, did not result in any evident harm.

1)  Fix of Mandatory Bike Lane Law, Install Bike Lights instead of Paying Fine, Flashing Lights, CFR Standards for Helmets, Mobility-Impaired Pedestrians, Golf Carts, Swamp Buggies, One Hand on Handlebars

Florida Walks and Bikes, along with Bicycle/Pedestrian Advocates, has been working with Sen. Ellyn Bogdanoff, R-Fort Lauderdale/West Palm Beach and Sen. Larcenia Bullard, D-Miami, on several issues, such as fixing Florida’s mandatory bike lane requirement, allowing cyclists to install lights instead of paying a fine for not having them, and allowing cyclists to use flashing lights since 2010.  Much of this legislation was passed in 2011, as part of S1150, a bill which actually passed both houses of the Legislature.  Unfortunately for S1150, late in the session, the House added amendments related to cameras at red lights and the Senate ran out of time before it could deal with the amendments.   Therefore, Florida Walks and Bikes is pleased to see the language pass this year and expresses its sincere appreciation to Senators Bogdanoff and Bullard for their diligent long-term effort.

Senate Bill 390, sponsored by Sen. Ellyn Bogdanoff, passed the Florida Senate in early February.  Senate Bill 334, sponsored by Sen. Bullard, passed the Senate in early March.  The language of their bills was incorporated into House Bill 1223 and Senate Bill 1122.  H1223, sponsored by the House Economic Affairs Committee and Rep. Ben Albritton, R-Bartow, passed the House in late February.  S1122, sponsored by the Transportation Committee and Sen. Latvala, R-St. Petersburg, arrived on the Senate Floor in early March.  On March 9, the Senate substituted H1223 for S1122 and unanimously confirmed it.   Assuming no veto by the Governor, the passage of H1223 changes Florida law, effective January 1, 2013, in the following ways:

1)             Modifies Florida’s mandatory bike lane law, F.S. 316.2065(5), passed in 2010 as part of the infamous H971.   H971 required bicyclists to stay in bike lanes, with just a few exceptions, even when staying in the bike lane was dangerous.   The new legislation allows the cyclist to leave the bike lane for any “potential conflict”.

2)             Allows cyclists, who are cited for not using lights at night, to install lights instead of paying an $82.50 fine.   This amendment to F.S. 316.2065(8) not only gives cyclists the same privilege as motorists cited for improper equipment but it is expected that it will encourage more cyclists to use lights at night.  As nighttime crashes have proportionally more fatalities, it is hoped that this legislation will reduce bicycle fatalities.

3)             Allows cyclists to use flashing lights on their bicycles.   Even though many bike lights flash, only non-flashing bike lights have previously been allowed by F.S. 316.2397.

4)             As an amendment to F.S. 316.2065(3), requires all bicycle helmets in use, after January 1, 2016, to be approved by the Code of Federal Regulations, rules promulgated by the Consumer Product Safety Commission.

5)             Amending F.S. 316.1303, it requires vehicle drivers to come to a complete stop when a mobility-impaired pedestrian attempts to cross a crosswalk.   Mobility-impaired pedestrians are defined as those pedestrians using a crutch, cane, walker, wheelchair, or a service animal.  These pedestrians, if using a motorized wheelchair, will also gain the right to leave the sidewalk and use the roadway for any “potential conflict” if no alternative route exists.

6)             Allows golf carts, operated by municipal employees only, to use and cross many roadways.   These golf carts will be allowed to use sidewalks adjacent to state highways if sidewalks are at least 5’ wide and if the golf carts yield to pedestrians.  This legislation is not good for pedestrians as it allows vehicles to encroach upon the sidewalk.  However, the hopeful aspect of it is that use of the sidewalk for golf carts may be limited only to municipal governments.

7)             Allows “swamp buggies” to use local roads if the local governments specifically allow them and to cross state roads where those local roads cross state highways, upon FDOT approval.   Although not directly a bicycle/pedestrian issue, it is mentioned here, for future reference, as an example of Florida’s tendency to allow new types of vehicles to use the roads.

Senator Bogdanoff’s S390 also included language which repealed the rarely enforced Florida Statute 316.2065(7) which required a cyclist to keep at least one hand on the handlebars at all times.  This language was not included in S1122 or H1223 but it was included in House Bill 7043, sponsored by the House Economic Affairs Committee and Rep. Kenneth Roberson, R- Port Charlotte, which passed the House in late February.  On March 8, H7043 was substituted for Senate Bill 2086 (which did not mention bicycle handlebars) and confirmed by the Senate, 38-1.   Thus, the repeal was passed and becomes effective July 1, 2012.  Assuming no veto by the Governor, H7043 changes Florida law as follows:

8)             Removes the requirement that bicyclists keep at least one hand on the handlebars at all times.  The old requirement was deemed to have been an unnecessary statute due to its lack of enforcement.

2)  Bicycles on Limited Access Facilities, plus Pedestrian Related measure

Senate Bill 1866, sponsored by the Budget and Transportation Committees, and Sen. Jack Latvala, R-St. Petersburg,  proposed a 2 year pilot program in which the Florida Department of Transportation would allow three bridges on limited access highways to carry bicycle traffic.  Its House companion was House Bill 1399, sponsored by Rep. Jeff Brandes, R-St. Petersburg. After the pilot program was over, the bills required FDOT to make a report to the Legislature and Governor.  Currently, Florida law does not allow bicycles to be used on limited access facilities such as interstate highways or turnpikes.  However, 20 state jurisdictions have allowed bicycles on limited access facilities with great success.

Although S1866/H1399 did not pass, the same language was picked up in H599, sponsored by Rep. Ray Pilon, R-Sarasota, which passed the Senate at 11:02 p.m. of its last official day, with an amendment and sent to the House, which confirmed it at 11:48 p.m.  As H599 contained the FDOT Department Bill, with 111 sections and 5237 lines of legislation, it was treated with special importance.

Last year, the LAF measure was supported by the Florida Bicycle Association and Bicycle/Pedestrian Advocates.  As S1180, it passed both Houses but became ensnarled in late session maneuvers and did not pass in 2011.  In 2012, this measure was pushed by the Florida Bicycle Association and they deserve great credit for its passage in 2012.

H599 also contained a pedestrian related item.   It changed f.s. 316.2068 from allowing cities/counties to “prohibit” Electric Personal Assistive Mobility Devices (Segways) to allowing them to “regulate” them.   It also added one more place where they could not be regulated.   “Sidewalks” were added to streets, roads, and bicycle paths where such regulation could occur.

3)  Trail Sponsorhip Rights

Senate Bill 268 and House Bill 181 proposed more revenue for Florida’s Trails program by allowing private entities to purchase sponsorship of trails.  S268 was sponsored by the Environmental Preservation and Conservation Committee, Commerce and Tourism Committee, Transportation Committee, and Sen. Stephen Wise, R-Jacksonville.  H181 was sponsored by the Appropriations Committee and Rep. Irving Slosberg, D-Boca Raton.  85% of the funds raised would go to state trails programs.  15% would go to the Florida Traffic and Bicycle Safety Education Program and the Florida Safe Paths to Schools program.

S268 passed the Senate on February 29.  On March 7, the language of S268 was substituted for H181 and the measure passed the House.  Assuming no veto by the Governor, it will become law on July 1, 2012.

4)  Enhanced Penalties for Injuring/Killing Another Person in Traffic

S1754, sponsored by Sen. Greg Evers, Crestview, called for increased penalties for  committing a moving violation which results in the injuring or killing of a pedestrian, bicyclist, motorcyclist, or motorist, or passengers, in traffic.  The penalty for injuring another person would include a $500 fine, 30 days incarceration, and revocation of the driver’s license for 30 days.  The penalty for killing another person would include a $1,000 fine, 90 days incarceration, and driver’s license revocation for 1 year.  These penalties would be assessed on top of other penalties for other infractions involved in a crash.  This legislation has been proposed for many years, at least since 2009, by the motorcycle group ABATE, the American Brotherhood Against Totalitarian Enactments.

Unfortunately, S1754 did not find a companion bill in the House nor did it progress far in the Florida Senate, having passed only one of three preliminary Committees.

5) Other

In 2010 and 2011, late session measures infringed or attempted to infringe upon bicycle and pedestrian transportation.   In 2010, H971 included the passage of a law requiring cyclists to use the bike lane except for only a limited number of exceptions, thus requiring cyclists to be unsafe if they were to observe the law.   Also in 2010, a measure was passed to allow widespread access of golf carts, scooters, and other motorized vehicles to sidewalks, thus depriving the pedestrian of his last refuge.   In 2011, late session maneuvers included a redefinition of the bicycle to allow gas-powered helper engines.  This would have allowed gas-powered vehicles on bike lanes and trails.  With these experiences in mind, Florida Walks and Bikes has examined the records of the 2012 Legislature.   As of March 20, 2012, no evidence has been found of any legislation that would infringe upon bicycle or pedestrian transportation.   However, in a climate where such measures can be intentionally hidden, Florida Walks and Bikes cannot guarantee that no such measures do not exist.  The Florida Legislature passes millions of words each year and it is difficult to analyze all of them.

 

Neither H1223, H7043, S268, or H599 is expected to vetoed by the Governor.

Florida Walks and Bikes is a new organization which recognizes Florida’s abysmal safety record yet its great potential as a wonderful state for walking and biking.   Thus, Florida Walks and Bikes has adopted the goal of “Taking Florida from Worst to First.”

Press Release, March 20, 2012, FL Legislature Helps Bicyclists and Pedestrians

Florida Walks and Bikes

4114 Bay Shore Road   Sarasota, FL  34234   941-544-7788

Taking Florida from Worst to First

                                                                                                 March 20, 2012

FOR IMMEDIATE RELEASE

 

Contact:  Mike Lasché,  Executive Director, Florida Walks and Bikes, 941-544-7788, mike@floridawalksandbikes.org

 

2012 FLORIDA LEGISLATURE HELPS BICYCLISTS AND PEDESTRIANS

 

The 2012 Florida Legislature, in session in Tallahassee since from January 10 to March 9,  passed four bills that help bicyclists and pedestrians.   The bills are:

•SB 268, sponsored by Sen. Stephen Wise, R-Jacksonville, passed on March 7.

•HB 7043, sponsored by Rep. Kenneth Roberson, R-Port Charlotte, passed on March 8.

•HB 1223, sponsored by Rep. Ben Albritton, R-Bartow, passed on March 9.

*HB 599, sponsored by Rep. Ray Pilon, R-Sarasota, passed on March 9.

SB 268, whose companion bill was HB 181, sponsored by Rep. Irving Slosberg, D-Boca Raton, allows the state to sell sponsorship rights for recreational trails.  85% of the funds raised will be used to support the state’s trails program. 15% will go to the Florida Traffic and Bicycle Safety Education Program and Florida’s Safe Paths to Schools program.  Unless vetoed by the Governor, it will take effect July 1, 2012.

HB 7043 repeals Florida Statute 316.2065(7) which requires that bicyclists keep one hand on the handlebars.   Rep. Ritch Workman, R-Melbourne, originally proposed this measure upon noticing that the law was rarely enforced.  Unless vetoed, it will take effect July 1, 2012.

HB 1223, whose companion bill was SB 1122, sponsored by Sen. Jack Latvala, R-St. Petersburg, is slated to take effect January 1, 2013, unless vetoed.   After developing the legislation with Florida Walks and Bikes for two years, Sen. Ellyn Bogdanoff, R-West Palm Beach/Fort Lauderdale and Sen. Larcenia Bullard, D-Miami originally proposed the bicycle related measures in the bill.  The bill does the following:

1)             Amends language brought into law by 2010’s infamous HB 971 that restricted the cyclist to the bike lane except for a few specified exceptions.  Florida bicyclists protested that the specified exceptions of HB 971 did not include many other situations where it was dangerous to stay in the bike lane.  HB 1223 amends F.S. 316.2065(5) to allow bicyclists to leave the bike lane for any “potential conflict.”

2)              Amends F.S. 316.2065(8) to allow cyclists, who have been cited for failure to use lights at night, to avoid paying a fine by showing proof that they have installed lights.

3)              Amends F.S. 316.2397 to allow cyclists to use flashing lights at night.   Flashing lights are widely used but are illegal under current law.

4)             Amends F.S. 316.2065(3)(d) to require that all bicycle helmets in use after January 1, 2016 be approved by the federal Code of Federal Regulations, rules which are developed by the Consumer Product Safety Commission.

5)             Amends F. S. 316.1303 to require vehicle drivers to come to a complete stop when a mobility-impaired pedestrian attempts to cross a crosswalk.  Mobility-impaired pedestrians are defined as those using a crutch, cane, walker, wheelchair, or service animal.  The statute is also amended to allow a person using a motorized wheelchair to leave the sidewalk and use the roadway for any “potential conflict” if no alternative route exists.

HB 599 amends F.S. 316.091 to direct the Florida Department ofTransportation to initiate a 2 year pilot program in which bicyclists would be allowed to cross bridges on limited access facilities, such as interstates.  The bridges would be in three separate urban areas in Florida, would be selected by October 1, 2012, and would be opened to cyclists by March 1, 2013.  The Department is required to submit a report on the pilot program to the Legislature and Governor by September 1, 2015.

At this point in time, there is no indication that these bills will be vetoed by Governor Rick Scott.

Florida Walks and Bikes is a new statewide organization that recognizes Florida’s abysmal safety record in bicycle and pedestrian safety while also recognizing the great potential for biking and walking in the Sunshine State.   Thus, their goal is “Taking Florida from Worst to First.”

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Article Format: Florida Walks and Bikes achieves 5 bike/ped changes in 2012 Florida Legislature

This is a short article describing the 2012 Bicycle/Pedestrian changes from the Florida Legislature.  If you would like to use it in your publications, we encourage you to do so.

 

Bicycle/Pedestrian Legislation in the 2012 Florida Legislature

 

2012 was a very good year for bicycle/pedestrian legislation in Florida.  Three groups of significant legislation were passed.

 

1)  Fix of Mandatory Bike Lane Law, Install Bike Lights instead of Paying Fine, Flashing Lights, CFR Standards for Helmets, Mobility-Impaired Pedestrians, Repeal of One Hand on Handlebars

 

Florida Walks and Bikes, along with Bicycle/Pedestrian Advocates, has been working with Sen. Ellyn Bogdanoff, R-Fort Lauderdale/West Palm Beach, and Sen. Larcenia Bullard, D-Miami, on three issues, fixing Florida’s mandatory bike lane requirement, allowing cyclists to install lights instead of paying a fine for not having them, and allowing cyclists to use flashing lights, since 2010.

 

These issues and other bike/ped concerns were addressed in House Bill 1223, sponsored by Rep. Ben Albritton, R-Bartow, and  its companion bill, Senate Bill 1122, sponsored by Sen. Jack Latvala, R-St. Petersburg.   H1223 passed the Florida Legislature on March 9.  Assuming no veto by the Governor, H1223 changes Florida statutes in the following ways, effective January 1, 2013:

 

1)             Modifies Florida’s mandatory bike lane law, passed in 2010 as part of the infamous H971.   H971 required bicyclists to stay in bike lanes, with just a few exceptions, even when staying in the bike lane was dangerous.   The new legislation allows the cyclist to leave the bike lane for any “potential conflict”.

 

2)             Allows cyclists, who are cited for not using lights at night, to install lights instead of paying an $82.50 fine.   This not only gives cyclists the same privilege as motorists cited for improper equipment but it is expected that it will encourage more cyclists to use lights at night.  As nighttime crashes have proportionally more fatalities, it is hoped that this legislation will reduce bicycle fatalities.

 

3)             Allows cyclists to use flashing lights on their bicycles.   Even though many bike lights flash, only non-flashing bike lights have previously been allowed by Florida law.

 

4)             Requires all bicycle helmets in use, after January 1, 2016, to be approved by the Code of Federal Regulations, rules promulgated by the Consumer Product Safety Commission.

 

5)             Requires vehicle drivers to come to a complete stop when a mobility-impaired pedestrian attempts to cross a crosswalk.   Mobility-impaired pedestrians are defined as those pedestrians using a crutch, cane, walker, wheelchair, or a service animal.  These pedestrians, if using a motorized wheelchair, will also gain the right to leave the sidewalk and use the roadway for any “potential conflict” if no alternative route exists.

 

A related bill, House Bill 7043, sponsored by Rep. Kenneth Roberson, R-Port Charlotte, passed the Legislature on March 8.   Assuming no veto by the Governor, that bill achieves the following:

 

6)             Removes the requirement that bicyclists keep at least one hand on the handlebars at all times.  The old requirement was deemed to have been an unnecessary statute due to its lack of enforcement.  This is slated to take effect July 1, 2012.

 

2)  Bicycles on Limited Access Facilities

 

House Bill 599, sponsored by Rep. Ray Pilon, R-Sarasota, included a 2 year pilot program in which the Florida Department of Transportation would allow three bridges on limited access highways to carry bicycle traffic.   FDOT is directed to select the bridges by October 1, 2012 and to begin allowing bicycles on them by March 1, 2013.  Thereafter, the bill requires FDOT to  make a report on the pilot program to the Legislature and Governor, due September 1, 2015.  Currently, Florida law does not allow bicycles to be used on limited access facilities such as interstate highways or turnpikes.  However, 20 state jurisdictions have allowed bicycles on limited access facilities with great success.

 

H599 passed, after 11 p.m., on the last official day of the Legislature.  Assuming no veto, it takes effect July 1, 2012.

 

3)  Trail Sponsorhip Rights

 

Senate Bill 268 and House Bill 181 proposed more revenue for Florida’s Trails program by allowing private entities to purchase sponsorship of trails.  S268 was sponsored by Sen. Stephen Wise, R-Jacksonville and its companion bill, H181, was sponsored by Rep. Irving Slosberg, D-Boca Raton.  85% of the funds raised will go to state trails programs.  15% will go to the Florida Traffic and Bicycle Safety Education Program and the Florida Safe Paths to Schools program.

 

S268 passed the Legislature on March 7.  Assuming no veto by the Governor, it will become Florida law on July 1, 2012.

 

 

Neither H1223, H7043, H599, or S268 is expected to be vetoed by the Governor.

 

Florida Walks and Bikes is a new organization which recognizes Florida’s abysmal safety record yet its great potential as a wonderful state for walking and biking.   Thus, Florida Walks and Bikes has adopted the goal of “Taking Florida from Worst to First.”