Florida Statute 335.065 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 335
STATE HIGHWAY SYSTEM

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F.S. 335.065

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. The department may enter into a concession agreement with a not-for-profit entity or private sector business or entity for commercial sponsorship displays on multiuse trails and related facilities and use any concession agreement revenues for the maintenance of the multiuse trails and related facilities. Commercial sponsorship displays are subject to the requirements of the Highway Beautification Act of 1965 and all federal laws and agreements, when applicable. 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.

(a) A concession agreement shall be administered by the department and must include the requirements of this section.

(b)1. Signage or displays erected under this section shall comply with s. 337.407 and chapter 479 and shall be limited as follows:

a. One large sign or display, not to exceed 16 square feet in area, may be located at each trailhead or parking area.

b. One small sign or display, not to exceed 4 square feet in area, may be located at each designated trail public access point.

2. Before installation, each name or sponsorship display must be approved by the department.

3. The department shall ensure that the size, color, materials, construction, and location of all signs are consistent with the management plan for the property and the standards of the department, do not intrude on natural and historic settings, and contain only a logo selected by the sponsor and the following sponsorship wording:

(Name of the sponsor) proudly sponsors the costs of maintaining the (Name of the greenway or trail) .

4. All costs of a display, including development, construction, installation, operation, maintenance, and removal costs, shall be paid by the concessionaire.

(c) A concession agreement shall be for a minimum of 1 year, but may be for a longer period under a multiyear agreement, and may be terminated for just cause by the department upon 60 days’ advance notice. Just cause for termination of a concession agreement includes, but is not limited to, violation of the terms of the concession agreement or this section.

(4)(a) The department may use appropriated funds to support the establishment of a statewide system of interconnected multiuse trails and to pay the costs of planning, land acquisition, design, and construction of such trails and related facilities. The department shall give funding priority to projects that:

1. Are recommended priorities by the Florida Greenways and Trails Council as regionally significant trails pursuant to s. 260.0142(4)(c).

2. Have national, statewide, or regional importance.

3. Are otherwise identified by the Florida Greenways and Trails Council as a priority for critical linkage and trail connectedness within the Florida Greenways and Trails System under chapter 260.

4. Facilitate an interconnected system of trails by completing gaps between existing trails.

5. Support the transportation needs of bicyclists and pedestrians.

(b) A project funded under this subsection shall:

1. Be included in the department’s work program developed in accordance with s. 339.135.

2. Be operated and maintained by an entity other than the department upon completion of construction. The department is not obligated to provide funds for the operation and maintenance of the project.

History.—ss. 1, 2, 4, 5, ch. 73-339; s. 5, ch. 84-284; s. 38, ch. 84-309; s. 26, ch. 85-180; s. 163, ch. 94-356; ss. 32, 55, ch. 2013-41; s. 1, ch. 2014-50; ss. 42, 66, ch. 2014-53; s. 4, ch. 2014-169; s. 26, ch. 2014-215; s. 8, ch. 2014-223; s. 7, ch. 2023-20.

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Amendments to 335.065

Arrestable Offenses / Crimes under Fla. Stat. 335.065

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 335.065.

Annotations, Discussions, Cases:

Cases Citing Statute 335.065

Total Results: 18

BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATION

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Citation: 263 So. 3d 125

Snippet: to challenge [FDOT’s] interpretation of section 335.065, which specifically relates to bicycle lanes, it

SCF, Inc. v. Florida Thoroughbred Breeders' Association, Inc. etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-16

Citation: 227 So. 3d 770

Snippet: challenge the Department’s interpretation of section 335.065, which specifically relates to bicycle lanes, it

Rosenzweig v. Department of Transp.

Court: District Court of Appeal of Florida | Date Filed: 2008-03-25

Citation: 979 So. 2d 1050, 2008 WL 762496

Snippet: implementation of section 335.065, Florida Statutes, and it interpreted section 335.065, Florida Statutes, as

St. Louis-San Francisco Ry. Co. v. White

Court: District Court of Appeal of Florida | Date Filed: 1979-04-19

Citation: 369 So. 2d 1007

Snippet: Florida East Coast Ry. Co. v. Carter, 67 Fla. 335, 65 So. 254 (1914); Williams v. Dickenson, 28 Fla.

West Gate Shopping Center, Inc. v. Division of Administration, State Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1978-10-18

Citation: 363 So. 2d 407, 1978 Fla. App. LEXIS 16801

Snippet: traffic as well as for automobiles. See also Section 335.065. The record reveals no error in the trial court’s

Nardone v. Reynolds

Court: Supreme Court of Florida | Date Filed: 1976-05-19

Citation: 333 So. 2d 25

Snippet: Diamond Coal & Coke Co., 255 U.S. 323, 41 S.Ct. 335, 65 L.Ed. 660; Tobacco and Allied Stocks, Inc. v. Transamerica

Motor Transit Company v. Hutchinson

Court: Supreme Court of Florida | Date Filed: 1944-08-01

Citation: 19 So. 2d 57, 154 Fla. 798, 1944 Fla. LEXIS 819

Snippet: of each case. F.E.C. Ry. Co. v. Carter, 67 Fla. 335, 65 So. 254. *Page 800 The circumstances here are

Roberts v. Powell

Court: Supreme Court of Florida | Date Filed: 1939-04-07

Citation: 187 So. 766, 137 Fla. 159, 1939 Fla. LEXIS 1802

Snippet: So. Rep. 250; F.E.C. Ry. Co. v. Carter,67 Fla. 335, 65 So. Rep. 254; Tampa Electric Co. v. Barber, 81

City of Hollywood v. Bair

Court: Supreme Court of Florida | Date Filed: 1938-10-31

Citation: 186 So. 818, 136 Fla. 100, 1938 Fla. LEXIS 1345

Snippet: 919; Florida East Coast R. Co. v. Carter, 67 Fla. 335,65 So. 254; Ann. Cas. 1916E 1299; Stevens v. Tampa

Atlantic Greyhound Lines v. Lovett

Court: Supreme Court of Florida | Date Filed: 1938-10-10

Citation: 184 So. 133, 134 Fla. 505, 1938 Fla. LEXIS 1137

Snippet: Florida East Coast Ry. Co. v. Carter, et al., 67 Fla. 335,65 So. 254, one of the questions before the Supreme

Dunn v. State

Court: Supreme Court of Florida | Date Filed: 1938-07-08

Citation: 182 So. 803, 133 Fla. 355, 1938 Fla. LEXIS 983

Snippet: 919; Florida East Coast R. Co. v. Carter, 67 Fla. 335, 65 So. 254, Ann. Cas. 1916E, 1299; Stevens v. Tampa

Florida East Coast Railway Co. v. Urolia

Court: Supreme Court of Florida | Date Filed: 1933-04-10

Citation: 147 So. 585, 109 Fla. 384

Snippet: affirmed. F. E. C. Ry. Co. v. Carter, 67 Fla. 335, 65 Sou. Rep. 254. Affirmed. DAVIS, C. J., and TERRELL

Atlantic Coast Line Railroad v. Watkins

Court: Supreme Court of Florida | Date Filed: 1929-03-19

Citation: 97 Fla. 350

Snippet: Rep. 250; F. E. C. Ry. Co. v. Carter, 67 Fla. 335, 65 So. Rep. 254; Tampa Electric Co. v. Barber, 81

A. C. L. R. R. Co. v. Watkins

Court: Supreme Court of Florida | Date Filed: 1929-03-19

Citation: 121 So. 95, 97 Fla. 350

Snippet: Rep. 250; F. E. C. Ry. Co. v. Carter, 67 Fla. 335, 65 So. Rep. 254; Tampa Electric Co. v. Barber, 81

J. Ray Arnold Lumber Co. v. Carter

Court: Supreme Court of Florida | Date Filed: 1926-03-26

Citation: 108 So. 815, 91 Fla. 548

Snippet: licensee. Matthews v. S. A. L. Ry. Co., 46 S.E. Rep. 335; 65 L.R.A. 286; *Page 561 Pennsylvania Ry. Co. v.

Director General of Railroads v. Into

Court: Supreme Court of Florida | Date Filed: 1922-03-15

Citation: 83 Fla. 377, 1922 Fla. LEXIS 575, 91 So. 269

Snippet: Florida East Coast R. Co. v. Carter, 67. Fla. 335, 65 South. Rep. 254; Butler v. Southern R. Co., 63

Barnwell v. Seaboard Air Line Railway

Court: Supreme Court of Florida | Date Filed: 1917-02-24

Citation: 73 Fla. 482, 74 So. 497

Snippet: In Florida East Coast R. Co. v. Carter, 67 Fla. 335, 65 South. Rep. 254, 69 Fla. 153, 67 South. Rep. 916

Florida East Coast Ry. Co. v. Carter

Court: Supreme Court of Florida | Date Filed: 1915-02-16

Citation: 69 Fla. 153, 67 So. 916, 1915 Fla. LEXIS 347

Snippet: Florida East Coast Ry. Co. v. Carter, 67 Fla. 335, 65 South. Rep. 254. A new trial was awarded to determine