ADVOCATE ATTORNEYS VS.
FDOT HAVE THEIR DAY IN COURT
STETSON UNIVERSITY STUDENTS LAUNCH GREEN BIKES PROGRAM
2008 BAYCYCLE PHOTOGRAPHY CONTEST
NOMINATIONS NEEDED FOR FLORIDA CYCLING HALL OF FAME
PRO BIKEŽ PRO WALK FLORIDA: MAKING FLORIDA HEALTHY, SAFE & GREEN
UF STUDENTS DEVELOP MARKETING CAMPAIGNS FOR FBA AND SHARE THE ROAD
LICENSE PLATE
UPCOMING EVENTS
AND THEN SOME
ADVOCATE ATTORNEYS VS. FDOT HAVE THEIR DAY IN COURT
The continuing saga of the A1A issue in Palm Beach County hit a high note
Tuesday in Tallahassee when attorney advocates had their day in court. Before or
after you read pro bono attorney and FBA member Jeff Lynne's summary, visit this
link to the video from the hearing:
http://www.1dca.org/video/2008video.htm, then go to: 07-1373 01-29-08 BRUCE
ROSENZWEIG, BOCA BICYCLE CLUB, ET AL. v. DEPT. OF TRANSPORTATION, ET A
BRIEF SYNOPSIS:
It became apparent during the hearing that the court did not agree either with
FDOT's interpretation of §335.065, Fla. Stat., or FDOT's assertion that we do
not have "standing" to challenge their failure to follow the law. The court did
have some concerns as to the procedural irregularity of the hearing below, and
questioned whether we sufficiently preserved the issue for appeal, but we were
able to provide the court with a case on point after the hearing which we
believe should alleviate those concerns. We remain cautiously optimistic based
upon our collective impressions of how the hearing transpired, and hope for the
best.
If the court is to rule in our favor, we believe that the opinion and order
would provide, in whole or in part, that:
(1) There is a statutory presumption under §335.065, Florida Statutes, that bike
lanes are to be included in all resurfacing projects, unless a legally
recognized statutory or regulatory exception exists;
(2) FDOT has the burden of establishing and memorializing that such an exception
exists and documenting same;
(3) There are persons with substantial interests in the provisions of bicycle
lanes which gives them the right (i.e., standing) to challenge FDOT's failure to
meet its burden of establishing and memorializing that such an exception exists;
and
(4) FDOT must re-examine the A1A Project and determine where it cannot place 4-5
foot bike lanes and submit "Design Exception/Variance" documents stating the
reason for not doing so [at which time persons can challenge FDOT's factual
conclusions as to available right of way, cost, etc.].
Even if FDOT comes back and says they are not putting in standard-width bike
lanes because of "A, B and C", at least those grounds will be based upon
exceptions lawfully recognized. For instance, if drainage is an issue (and if we
don't dispute that fact), then bike lanes can be limited in scope. However, if
the Town of Ocean Ridge doesn't like bike lanes, that's not going to cut it.
However, the court could also rule that the procedural irregularity which
occurred was fatal to our cause and not even address the core legal issue on
bike lanes. But we feel that is unlikely considering the time allowed and the
interest expressed by the panel.
LONGER VERSION:
The concern you heard the court express during the hearing is a nuance regarding
the procedural aspects of the administrative hearing below. There is no short
way to explain this, but I will try (as a lawyer, that's hard to do!).
Under the statutory procedures established by the Florida Legislature to
challenge decisions from administrative agencies such as FDOT, if the dispute
includes a need to determine facts (such as how much something costs), the
agency (FDOT) is required to refer the matter to an impartial third-party (the
Department of Administrative Hearings or "DOAH") to conduct a "formal" hearing,
with testimony, etc., to make a determination of what the "facts" actually are.
On the other hand, if the dispute is not about facts, but only the application
of rules or laws to agreed-upon facts, the agency can proceed "informally"
(which is what occurred here) and set the matter before a "hearing officer" of
its choosing (in this instance, FDOT's Chief Engineer).
However, if during that informal hearing, it becomes apparent that there is a
dispute as to facts, we believe the agency is obligated, under rule, to stop the
hearing and transfer the matter to DOAH to conduct the formal hearing we
described above.
The questions posed by the court were:
(1) Whether FDOT, by setting our matter for an "informal" hearing, implicitly
agreed to the facts we alleged in our complaint?
(2) Once (and if) it became apparent during the informal hearing that FDOT was
relying upon facts that we otherwise disputed in our complaint (such as, we
asserted in our complaint that the cost of building the bike lanes did not
outweigh the need), who has the burden of suspending the hearing and requesting
a formal hearing, us or FDOT? If it is us, and if FDOT then places those
otherwise disputed facts into the Final Order, are we then stuck with those
findings of fact?
In response, we were able to identify (after the hearing) a case which appears
to be almost directly on point, which concludes that a party cannot "waive" the
right to a formal hearing, notwithstanding that it became apparent during an
informal hearing that there was a factual dispute. We were able to file a copy
of that case with the court for its review during its deliberations on the
matter.
And now we just wait....
Thanks to all the attorneys, Boca Raton Bicycle Club and the League of American
Bicyclists for their tremendous support of this issue. FBA is behind this matter
all the way.
STETSON UNIVERSITY STUDENTS LAUNCH GREEN BIKES PROGRAM
The Stetson University Bonner Scholars Program, Student Government Association
and Department of American Studies launched the Stetson Green Bikes program
today with a "Tour de Land" bike ride as part of the nationwide Focus the
Nation,
www.focusthenation.org, educational initiative about global warming
solutions for America.
"Green Bikes is a campus community bike program that aims to promote campus
environmentalism as well as student health and wellness by allowing students to
use designated bicycles for one-week periods at no cost," said Kevin Winchell,
Stetson coordinator of Bonner Scholars Program and Community Outreach who helped
develop the program while a Stetson undergraduate. Students will borrow bicycles
much the way a person borrows books from a library. The SGA office will function
as the checkout desk. A student who checks out a bike will receive a key to a
specific bicycle and will have unlimited use of the bike for one week. The bike
then must be returned, but can be checked out again by the same person.
Winchell helped lay the foundation for the program when, as a Stetson sophomore,
Bonner student and member of the SGA, he wrote a bill to promote
environmentalism on campus and included a list of ideas including a bike
program. He then researched and developed the bike program idea in his junior
year as a project, mentored by Dr. Paul Croce, Stetson professor of American
Studies, in his Honors 6 course. The project grew into a collaborative effort
involving SGA and Bonner students and Croce, who is also a member of Stetson's
Environmental Responsibility Council.
"We Americans love our cars-and why not? They're powerful and classy. They are
such a lure that we've gotten used to taking them whenever we move from place to
place," said Croce. "But do we always need thousands of pounds of metal and
glass for every single trip? Even for errands around town? Even from dorm to
class? The Stetson Green Bikes Program is designed to change the default: Try
getting out of the car and onto the bike, or just walk for those shorter trips.
If enough people change their default, we can make a big dent in climate
change-and besides, it's less expensive and more fun."
The campus bike program relies on donated bicycles that often are in various
state of disrepair when received. Each bike is repaired, painted, labeled and
registered with both Stetson University and the DeLand Police Department before
being made available for loan.
Green Bikes will include an educational component to raise awareness about
environmentalism and safe biking. Winchell said long-term goals include
packaging the program as a model for other universities and also branching out
into a Community Bike program for the greater DeLand area. "There are lots of
kids who don't have a chance to get around," Winchell said. "We're hoping this
will take off."
For additional information about Stetson Green Bikes, contact Winchell at
kwinchel@stetson.edu or 386-822-8705
or Croce at pcroce@stetson.edu or
386-822-7533.
2008 BAYCYLE PHOTOGRAPHY CONTEST
Tampa BayCycle is proud to present the first annual BayCycle Photography Contest
to celebrate the relationship between bicycling and everyday life in the Tampa
Bay community. It is our goal to get more people excited about bicycling as an
essential part of daily living. The contest is open to everyone, from the
amateur photographer to the casual or experienced cyclist living in
Hillsborough, Pinellas, Citrus, Pasco, and Hernando Counties. The contest is
designed to offer participants the opportunity to share with our community and
the general public their love of bicycling. Winning photographs will be on
display at the Florida Museum of Photographic Arts (FMoPA) during the month of
May, 2008. Prizes will be awarded in two categories: General Public and Student.
Photos will be evaluated by a panel of three judges. All decisions are final and
at the discretion of Tampa BayCycle. All entries must be postmarked no later
than March 30, 2008. As a condition of entry, Tampa BayCycle retains the right
to use, display and republish images submitted for the contest in the promotion
of the contest and subsequent gallery exhibition. Tampa BayCycle will not resell
images without permission.
For more information including awards, visit
http://www.tampabaycycle.com/.
NOMINATIONS NEEDED FOR FLORIDA CYCLING HALL OF FAME
A select number of individuals are deserving of special recognition for their
outstanding contributions to cycling in Florida. They are the ones who were
instrumental in founding the local cycling clubs, building the mountain bike
trails, promoting the races and events and representing the state as cycling
ambassadors around the world. The new Florida Cycling Hall of Fame intends to
gather these names and create a system to identify and preserve the history of
Florida cycling with the inaugural 2008-2009 Hall of Fame induction.
This program is soliciting the help of the Florida cycling community in
preserving its history and culture. Cyclists across the state are encouraged to
volunteer in assisting the program. Currently the program is seeking qualified
members to sit on a committee to vote on the submitted nominees for induction
into the Florida Cycling Hall of Fame. If you'd like to nominate someone or get
involved, visit the Hall of Fame and download a nomination form.
Categories under consideration include: Cyclist of the Year, Junior Cyclists of
the Year (under 18), Multi-Discipline Cyclists of the Year, Cycling Business
Contributor of the Year, Cycling Club Founder, Trail Builder, Cycling Advocate
of the Year.
The first honorary inductee is John Sinibaldi of St. Petersburg. A two-time
Olympian and 18-time national champion, his cycling career spanned seven
decades. John passed away two years ago at 92 having rightfully earned his
nickname "The Legend."
For more information, contact: Kurt Leverett at (813) 625-2486 or
info@buildingchampioncyclistsfl.net
Visit the Hall of Fame online at:
http://buildingchampioncyclistsfl.net/FL_Cycling_Hall_Of_Fame.html
PRO BIKEŽ PRO WALK FLORIDA: MAKING FLORIDA HEALTHY, SAFE &
GREEN
Save the date for the 4th annual Pro BikeŽ Pro Walk Florida: Making Florida
Healthy, Safe & Green to be held October 6-9, 2008 at the Hilton St. Petersburg
Bayfront, 333 First Street South, St. Petersburg FL 33701, 727-894-5000. It's
not too early to make your reservations.
Room rate: $119/single-double; $129/triple; $139/quad
More details will follow soon on the conference website
A Call for Papers will be announced February 4, but if you have ideas now, send
them to FBA.
What would compel you to attend the conference which includes our annual meeting
and awards presentation?
UF STUDENTS DEVELOP MARKETING CAMPAIGNS FOR FBA AND SHARE
THE ROAD LICENSE PLATE
The University of Florida College of Public Relations is working with FBA to
develop separate marketing campaigns for FBA and the Share the Road license
plate. Two classes have been assigned to raise awareness and grow membership for
FBA. Two more classes will concentrate on generating sales of the Share the Road
license plate. Since each class must develop their own campaigns, FBA will come
away with four marketing campaigns. We are very excited about working with these
students and hopefully along the way will convince them to become members of FBA
and to trade in their UF plates for Share the Road ones. Just to put license
plate sales into perspective, in 2006/07 (7/1/06-6/30/07) the UF plate generated
$2,459,850.00. The Share the Road plate generated $164,880.00. Guess we need to
figure out how to win national championships. Go to
http://www.hsmv.state.fl.us/html/SpecPlateRev.html for a summary of all
specialty license plate sales.
Both groups (FBA and STR) will be developing brief surveys for your completion.
Please do your best to complete them since the information will ultimately
benefit our association and Bike Florida since we split license plate proceeds.
These students are our future and based on the team leaders, the future looks
bright.
UPCOMING EVENTS
Are you looking for an eco-friendly vacation Spring 2008? Check out the
following events for a week of big fun. The events are NOT connected and run by
separate organizations, but Florida Bicycle Association gives both events a big
thumbs up!
Bike Florida Trail Link 2008 - March 30-April 4
Bike Florida "Trail Link" 2008 is a linear ride starting in beautiful Clearwater
and ending at enchanting Fanning Springs. We will use rural roads to link
together the trails of Florida's Gulf Coast including the Pinellas Trail,
Suncoast Parkway Trail, Withlacoochee Trail, Withlacoochee Bay Trail, and Nature
Coast Trail. We will leave cars and cares behind as we pack bikes and luggage on
trucks in Fanning Springs (Sunday, March 30), then board buses for Clearwater's
Ross Norton Park. (Note: No cars can be left in Clearwater for the week because
there are no return buses and there is no secured week-long parking in
Clearwater). From there the run begins as we tour Clearwater, St. Petersburg,
Tarpon Springs, Inverness, Dunnellon and Fanning Springs. For more information,
visit www.bikeflorida.org.
Paddle Florida - March 20-27, 2008
Get Down on the Suwannee River and Go with the Flow! Come join the fun on the
inaugural Paddle Florida covering 123 miles of the scenic Suwannee River
Wilderness Trail. The seven-day paddlefest launches from the Spirit of the
Suwannee Music Park and finishes at beautiful Manatee Springs State Park. As
many as 300 paddlers will be going with the flow averaging 18 miles per day and
camping on the banks of Florida's beautiful Suwannee River. Paddle Florida is
held in cooperation with the Florida Park Service and the Suwannee River Water
Management District. Experience a week of camaraderie and the thrill of paddling
a Florida gem. For more information, visit
www.paddleflorida.org.
And if you want to visit Georgia, check out the following events organized by
the Bicycle Ride Across Georgia (BRAG) folks:
BICYCLE RIDE ACROSS GEORGIA - Annual BRAG ride across Georgia, Oxford to
St. Simons Island - June 7-14, 2008. Spring Tune-Up Ride, Madison, GA, April
18-20, 2008. Great fun for families and groups. Higher mileage options
available. Contact info@brag.org,
770-498-5153 or www.brag.org.
SummerRide, Jasper, GA, August, 2008
Bike Atlanta, Downtown Atlanta, September 13, 2008
Georgia BikeFest, LaGrange, GA, October 10-12, 2008
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AND THEN SOME
"Common sense and nature will do a lot to make the pilgrimage of life not too
difficult." -W. Somerset Maugham (1/25/1874-1965)
"Today I have grown taller from walking with the trees." -Karl Baker
"One step at a time is good walking." -Chinese proverb
"Trust everybody, but cut the cards." -Finley Peter Dunne
"You don't get ulcers from what you eat. You get them from what's eating you."
-Vicki Baum (1/24/1888-1960)
"Life is like riding a bicycle. You don't fall off unless you stop pedaling."
-Claude Pepper
"When you change what you believe you change what you do." - Dr. Spencer Johnson
(From the "Who Moved My Cheese" video on You Tube, contributed by Carol Wilson
Quick Links...
Our Website
Pro Bike Pro
Walk Florida
Share the Road
Bike Florida
Contact Information
phone: 352-468-3430
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