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2010 Florida Bike Summit Summary
by Dan Moser, program manager
The 2010 Summit, FBA’s second, was held at the State Capitol on April 8, 2010 and included a courtyard expo and music provided by local band Lucid Groove. The event was officially kicked-off with words of support offered Rep. Adam Fetterman, Sen. Paula Dockery, and Rep. Julio Robaina. One highlight was the announcement by Rep. Robaina that FDOT has (re)established a bike/ped advisory committee that will officially to be known as Florida Bicycle & Pedestrian Partnership Council. Thanks go primarily to Ken Bryan from Rails-to-Trails Conservancy for making this happen.
Almost three dozen attendees visited with over 20 elected officials or their staff during the course of the day. Among the topics discussed were those FBA members and our Legislative Committee determined to be of most importance, as determined by a pre-Summit survey. Specific to the Legislative Committee, Chair Mike Lasche provided a wrap-up report of the entire session, which was written prior to HB 971 (mandatory bike lane use) being sent to Governor Crist for signature, veto, or non-action:
Before getting into specific issues, I would like to begin by mentioning the important organizational progress that FBA made with its Legislative effort from 2009 to 2010. For starters, FBA has developed a Legislative Committee, composed of Becky Afonso, Laura Hallam, Billy Hattaway, Mike Lasché, George Martin, Dan Moser, Ted Wendler, and Mighk Wilson. The legislative effort includes a group of analysts/researchers which includes Ted, Becky, Danny Page, and Bianca Pyko. The FBA effort now also includes 4 registered lobbyists for FBA, Laura, Mike, and Corey Peterson and Jeff Sharkey of the Capitol Alliance Group.
All of these people have been integral to an open and deliberate process which we hope FBA will continue forever. For instance, the FBA Board developed a list of legislative alternatives and placed them before the membership for a poll. Using the results of that poll, the Legislative Committee placed two leading alternatives, anti-texting and bicycle access to limited access bridges, as our two main priorities for 2010. And, we followed through on those two priorities, lobbying hard for both.
For 2010-2011, FBA intends to expand its advocacy/legislative efforts and build upon the progress made this year.
Regarding specific issues addressed, let us note one thing. As Robert Burns has been translated, “The best laid schemes of mice and men go often askew.” This applies here in that FBA may identify what it would like to address but that the Legislative process has a way of changing or adding to those plans. For example, in April 2010, FBA entered the session with two projects but ended up being involved with nine projects. Perhaps we should quote another Brit, John Lennon, who once said, “Life is what happens when you’re busy making plans.”
So, with that said, here is a wrap up of the 2010 Legislative Session along with some predictions of what projects may be seen next year.
- Anti-texting legislation: Anti-texting legislation was very popular this year, with 14 bills proposed from the Senate and 4 bills from the House. FBA was looking for a bill that actually banned texting, applied to all drivers, applied to all motor vehicles, and made texting while driving a primary offense. In the end, the bill that emerged from the process did not make texting a primary offense, offered only a $30 fine for texting, and would provide no points on your record unless the texting actually led to an accident. FBA opposed this version. The bill was killed when the Chairman of the House Finance and Tax Committee, Rep. Ellyn Bogdanoff, refused to hear it on the grounds that it was “intellectually dishonest” because it focused on only one type of distracted driving. This will probably come up again in 2011.
- Bicycle Access to Bridges on Limited Access Facilities: FBA would like Florida to allow bicyclists to use selected bridges on limited access facilities where the bridge is the only practical way to cross some natural obstacle. This effort attracted considerable comment from FDOT. By the time FBA and FDOT had worked out the language for it, April 2, the Legislative session was half over, making it difficult to introduce. FBA plans to continue working on this for the 2011 session.
- Enhanced Penalties for injuring or killing someone in traffic: Originally proposed by the motorcycle lobbying organization (ABATE), HB 875/SB1918 would have greatly increased the penalties for committing a traffic violation that resulted in injury or death. For an injury, the offender would lose his license for a month, pay a $500 fine, and spend 30 days in jail. For a fatality, the offender would lose his license for six months, pay a $1000 fine, and spend 90 days under house arrest. The bill passed the Senate Transportation Committee 10-0. However, it ran into difficulty on the Senate Floor when opponents inserted various “poison pills” which resulted in its withdrawal. This will probably come up again in 2011.
- Allowing cyclists to install lights instead of paying a fine for not having them: This bill, proposed by Sen. Larcenia Bullard, brought the helmet regulations up to date and allowed bicyclists to avoid a fine for not having lights on their bicycle by offering proof the lights had been installed. Unfortunately, Sen. Bullard’s health problems precluded the bill from passage. It is expected this will come up again in 2011.
- Creating the Florida Bicycle & Pedestrian Partnership Council: This was the big success of 2010. A replacement to the defunct Governor’s Florida Bicycle Council was identified by FBA as a priority in January 2009. Then, due to the outstanding work of Ken Bryan, lobbyist for the trails community, FDOT Secretary Kopelousos announced the new council on April 8. The Council will be composed of state agency representatives, other public officials, and representatives from the trails bicycling, walking, and disabled communities. Its preliminary charge is to advise FDOT and others on pertinent issues. The first meeting was held June, 28, 2010.
- Opposition to efforts to eliminate the Office of Greenways and Trails: An effort to eliminate OGT has come up in the last two sessions. With strong comments from the public and support from key elected officials, only two positions were lost at OGT. One may expect a similar struggle in 2011.
- High-speed rail accommodation of cyclists and pedestrians: Florida’s high speed rail future looks bright and we hope that all such facilities will encourage safe bicycle and pedestrian use. Thus, FBA has urged FDOT and the Governor to include secure bicycle parking, pedestrian storage lockers, bicycle roll-on/roll-off service on trains, rails with trails, and effective integration of train stations into the bicycle and pedestrian network. At this time, it is unknown how or if this issue will arise in 2011.
- Fair Share: In the United States, 13% of traffic fatalities are bike/ped, yet only 0.6% of USDOT’s safety spending, from 402 and HSIP funds, goes for bike/ped safety programs. For Florida, 21.4% of traffic fatalities are bike/ped yet only 1.5% of Florida’s 402 and HSIP funds go for bike/ped safety. This issue was introduced by advocates from Southwest Florida after the session commenced and did not receive redress during the session. However, we may expect it to remain an issue in Florida and the US Congress from now on.
Regarding HB 971, provided by Mike Lasche:
Mandatory Lane Use - Unbeknownst to Florida advocates, the annual Department Bill for the Florida Department of Highway Safety and Motor Vehicles contained a clause that requires cyclists to use a bike lane when one is provided. This new restriction poses many problems including but not limited to…..when a bike lane is present, riding two abreast would be illegal, legally making a right turn would become dangerous, it would be illegal to leave the bike lane to avoid the door zone of parked cars, a cyclist could not leave the bike lane to avoid a right hook, it would be illegal to leave the bike lane to prepare for the other side of the intersection where a bike lane isn’t present, and it would be illegal to move to a thru traffic lane when the bicycle lane is to the right of the right turn lane. The bill’s language first saw light of day on April 26, 4 days before the end of the session, and was rushed through as part of an 81 page bill. Needless to say, the element of surprise and the quick action at the end of the session precluded any comment, much less opposition. Efforts to overturn the mandatory bike lane use will be a priority in 2011.
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