Florida Senate - 2013 SB 606 By Senator Gibson 9-00300A-13 2013606__ 1 A bill to be entitled 2 An act relating to the Northeast Florida Regional 3 Transportation Commission; providing a directive to 4 the Division of Law Revision and Information; creating 5 s. 343.1001, F.S.; providing a short title; creating 6 s. 343.1002, F.S.; providing definitions; creating s. 7 343.1003, F.S.; creating the Northeast Florida 8 Regional Transportation Commission; providing for a 9 nine-member commission board; providing for board 10 appointment; providing for staffing; providing for 11 member removal; providing liability protection for 12 members; creating s. 343.1004, F.S.; providing 13 commission powers and duties; prohibiting the 14 commission from pledging the state’s credit; creating 15 s. 343.1005, F.S.; providing for transportation 16 projects of regional significance; specifying the 17 characteristics for such projects; creating s. 18 343.1006, F.S.; requiring commission plans and 19 planning activity to be coordinated with other 20 specified entities; creating s. 343.1007, F.S.; 21 authorizing the commission to acquire property; 22 creating s. 343.1008, F.S.; authorizing other 23 governmental units and the commission to contract with 24 each other; creating s. 343.1009, F.S.; exempting the 25 commission from taxes or assessments; creating s. 26 343.1010, F.S.; specifying that the powers of the 27 commission are supplemental to other laws; creating s. 28 343.1011, F.S.; providing for public meetings and 29 hearings; creating s. 343.1012, F.S.; specifying that 30 the commission is not an authority for purposes of 31 specified provisions relating to a discretionary tax; 32 creating s. 343.1013, F.S.; providing for repeal; 33 amending s. 120.52, F.S.; conforming provisions; 34 providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. The Division of Law Revision and Information is 39 requested to create part V of chapter 343, Florida Statutes, 40 consisting of ss. 343.1001-343.1013, Florida Statutes. 41 Section 2. Section 343.1001, Florida Statutes, is created 42 to read: 43 343.1001 Short title.—This part may be cited as the 44 “Northeast Florida Regional Transportation Commission Act.” 45 Section 3. Section 343.1002, Florida Statutes, is created 46 to read: 47 343.1002 Definitions.—As used in this part, the term: 48 (1) “Agency of the state” means the state and any 49 department of the state, the commission, or any corporation, 50 agency, or instrumentality created, designated, or established 51 by the state. 52 (2) “Board” means the governing body of the commission. 53 (3) “Commission” means the Northeast Florida Regional 54 Transportation Commission. 55 (4) “Department” means the Department of Transportation. 56 (5) “Transportation authorities” means the department and 57 any entity created under this chapter, chapter 348, or chapter 58 349. 59 (6) “Transportation facilities” means all mobile and fixed 60 assets, including real or personal property or rights therein, 61 used in the transportation of persons or property by any means 62 of conveyance, and all appurtenances thereto, such as, but not 63 limited to: highways; bridges; limited or controlled access 64 roadways, lanes, and related facilities; docks, wharves, 65 vessels, jetties, piers, and marine terminals; vehicles, fixed 66 guideway facilities, including freight rail, intermodal 67 facilities, and any means of conveyance of persons or property 68 of all types; passenger and other terminals; park-and-ride 69 facilities; bicycle ways and related facilities; pedestrian ways 70 and pedestrian-related facilities appurtenant to other 71 transportation facilities; transit-related improvements or 72 developments adjacent to transit facilities or stations; bus, 73 train, vessel, or other vehicle storage, cleaning, fueling, 74 control, and maintenance facilities; and administrative and 75 other office space necessary for the exercise by the commission 76 of the powers and obligations granted under this part. 77 (7) “Transportation services” means the conveyance of 78 persons or property or the provision of transportation 79 facilities which allows the conveyance of persons or property, 80 including mass transit services such as fixed-route bus, fixed 81 guideway vehicle service, paratransit service, flex route or 82 demand responsive service, and the planning, designing, 83 construction, and operation of transportation facilities. 84 Section 4. Section 343.1003, Florida Statutes, is created 85 to read: 86 343.1003 Northeast Florida Regional Transportation 87 Commission.— 88 (1) The Northeast Florida Regional Transportation 89 Commission, an agency of the state, is created and established 90 as a body politic and corporate, covering the six-county area 91 comprised of Baker, Clay, Duval, Nassau, Putnam, and St. Johns 92 Counties. 93 (2) The nine-member governing board of the commission shall 94 be selected and serve as follows: 95 (a) The county commissions of Baker, Clay, Nassau, Putnam, 96 and St. Johns Counties shall each appoint one person, who may be 97 an elected official of such county. However, in order to ensure 98 continuity on the initial governing board, the initial 99 appointees under this paragraph shall draw lots at the first 100 meeting of the governing board to determine which two members 101 shall serve initial terms of 2 years, which member shall serve 102 an initial term of 3 years, and which two members shall serve 103 initial terms of 4 years. 104 (b) The City of Jacksonville shall be represented by four 105 members, who may be elected officials of the city. Of the four 106 members, the mayor of the City of Jacksonville shall appoint two 107 members, and the Jacksonville City Council shall appoint two 108 members. However, in order to ensure continuity on the initial 109 governing board, the initial appointees shall draw lots at the 110 first meeting of the governing board to determine which member 111 shall serve an initial term of 2 years, which two members shall 112 serve initial terms of 3 years, and which member shall serve an 113 initial term of 4 years. 114 (c) An appointed member may not select or have a designee 115 selected to serve in the absence of the member, whether such 116 member is an elected official or otherwise. However, if an 117 appointed member is designated by the appointing entity by 118 title, such as the chair of a county commission or the chair of 119 a transportation or planning agency, the successor or vice chair 120 may serve for such appointee in his or her absence. 121 (d) Except for the initial board, members shall be 122 appointed for 4-year terms. A member may not serve more than two 123 consecutive terms. 124 (3) The secretary of the department shall appoint a 125 nonvoting advisor to the board. 126 (4) The board may create an advisory panel, with membership 127 to be determined by the board, and may establish committees by 128 and at the will of the chair, or upon vote of the board. 129 (5) The members of the board shall serve without 130 compensation but are entitled to receive reimbursement from the 131 commission for travel expenses and per diem incurred in 132 connection with the business of the commission as provided in s. 133 112.061. Persons appointed to a committee or an advisory panel 134 shall also serve without compensation but may be entitled to per 135 diem or travel expenses incurred in connection with the business 136 of the commission as provided in s. 112.061. 137 (6) Members of the board shall file a statement of 138 financial interest with the Commission on Ethics as required 139 under s. 112.3145. 140 (7) At its inaugural meeting, the board shall establish the 141 duties and powers of its officers as set forth in subsection (8) 142 and its initial rules of conduct and meeting procedures. 143 (8) At its inaugural meeting, and annually thereafter, the 144 board shall elect a chair, vice chair, secretary, and treasurer 145 from among its members, to serve for a term of 1 year. No person 146 may hold the office of chair for more than two consecutive 147 terms. 148 (9) The first meeting of the commission shall be held 149 within 60 days after the creation of the commission. 150 (10) Six members of the board constitute a quorum. The 151 commission may meet upon the presence of a quorum. A vacancy on 152 the board does not impair the ability of a quorum to exercise 153 all rights and perform all duties of the commission. 154 (11) The commission may employ an executive director and an 155 administrative assistant to the board and to the executive 156 director. The commission may employ permanent or temporary 157 staff, including consultants, as it determines necessary or 158 convenient, or, subject to approval by their respective boards 159 or administrative chiefs, may use the staff of: 160 (a) The Jacksonville Transportation Authority, its legal 161 counsel, technical experts, engineers, and other administrative 162 employees. 163 (b) The North Florida Transportation Planning Organization, 164 for planning matters. 165 (c) The Northeast Florida Regional Council, for planning 166 and coordination matters. 167 (d) The department. 168 (e) The Jacksonville Port Authority. 169 (f) The counties represented on the commission board, on an 170 as-needed basis. 171 (12) An appointing county commission, or, in the case of 172 Duval County, upon request of the mayor or the city council 173 president, the Jacksonville City Council, may remove a member 174 appointed by it for cause, including, but not limited to, 175 failure to attend two or more meetings of the commission during 176 any 9-month period. 177 (13) No liability on the part of, and no cause of action 178 may arise against, any member for any action taken in the 179 performance of his or her duties under this part. 180 Section 5. Section 343.1004, Florida Statutes, is created 181 to read: 182 343.1004 Commission powers and duties.— 183 (1) The express purposes of the commission are to improve 184 mobility and expand multimodal transportation options for 185 persons and freight throughout the six-county North Florida 186 region. The commission shall, at a minimum: 187 (a) Use the data contained in the Long Range Transportation 188 Plan of the North Florida Transportation Planning Organization 189 and other data to develop a multimodal and prioritized regional 190 transportation plan consisting of transportation projects of 191 regional significance; and 192 (b) Research and develop an implementation plan that 193 identifies available but not yet imposed, and potentially 194 developable, sources of funding to execute the regional 195 transportation plan. In developing the regional transportation 196 plan, the commission shall review and coordinate with the future 197 land use, capital improvements, and traffic circulation elements 198 of the counties’ local government comprehensive plans, the 199 Strategic Regional Policy Plan of the Northeast Florida Regional 200 Council, and the schedules of other units of government having 201 transit or transportation authority within whose jurisdictions 202 the projects or improvements will be located in order to define 203 and resolve potential inconsistencies between such plans and the 204 commission’s regional transportation plan. The commission shall 205 present the regional transportation plan and updates to the 206 governing bodies of the constituent counties within 90 days 207 after adoption. The commission shall update the regional 208 transportation plan and the implementation plan at least every 209 other year. 210 (2) The commission may plan, develop, coordinate, and 211 promote transportation projects and transportation services of 212 regional significance which are identified in the commission’s 213 regional transportation plan. 214 (a) Subject to available funding and with the approval of 215 the affected counties and transportation authorities, the 216 commission may own, purchase, operate, maintain, relocate, 217 equip, repair, and manage transportation facilities and services 218 of regional significance identified in the regional 219 transportation plan. 220 (b) To ensure coordination of its plans with those of local 221 governments, the commission shall consult with local governments 222 concerning the commission’s regional transportation plan. 223 (c) The commission may facilitate efforts to secure funding 224 commitments from federal and state sources, or from the 225 applicable counties, for the planning, development, 226 construction, purchase, operation, and maintenance of 227 transportation projects that are of regional significance or 228 that support intercounty mobility for persons or freight. 229 (3) In carrying out its purposes and powers, the commission 230 may request funding and technical assistance from the department 231 and from federal and local agencies. In order to carry out the 232 purposes and powers of the commission for its first 5 years, the 233 commission shall also timely request annually that each 234 constituent county appropriate a cash contribution of up to 30 235 cents per capita per year, based on the latest decennial census, 236 to support its budget; however, the contribution of Duval County 237 may not exceed 45 percent of the commission’s budget for any 238 fiscal year. 239 (4) The commission may exercise all powers necessary, 240 appurtenant, convenient, or incidental to carrying out the 241 purposes identified in subsections (1)-(3), including, but not 242 limited to, the power to: 243 (a) Sue and be sued, implead and be impleaded, and complain 244 and defend in all courts in its own name. 245 (b) Adopt and use a corporate seal. 246 (c) Apply for and accept grants from federal, state, local, 247 or private sources for the carrying out of the purposes and 248 powers of the commission. 249 (d) Partner with private sector business community entities 250 that may further the commission’s mission and engage the public 251 in support of regional multimodal transportation improvements. 252 (e) Adopt rules, including bylaws and sanctions, for the 253 regulation of the affairs and the conducting of business, 254 including termination of membership in the commission for 255 nonpayment of county contributions required under subsection 256 (3). 257 (f) Advertise, market, and promote regional transit 258 services and facilities, freight mobility plans and projects, 259 and the general activities of the commission. 260 (g) Cooperate with other governmental entities and contract 261 with other governmental agencies, including the Federal 262 Government, the department, counties, transit and transportation 263 authorities or agencies, municipalities, and expressway and 264 bridge authorities. 265 (h) Purchase liability insurance directly from local, 266 national, or international insurance companies which the 267 commission is contractually and legally obligated to provide, 268 notwithstanding s. 287.022(1). 269 (i) Make contracts and execute all instruments necessary or 270 convenient for conducting its business. 271 (j) Form, alone or with one or more other agencies of the 272 state or local governments, public benefit corporations to carry 273 out the powers and obligations granted under this part or the 274 powers and obligations of such other agencies or local 275 governments. 276 (k) Require or elect not to require bid bonds and protest 277 bonds, prequalify bidders or proposers in various categories of 278 work or services, and suspend or debar consultants and 279 contractors in accordance with commission rules. 280 (l) Do everything necessary or convenient for the conduct 281 of its business and the general welfare of the commission in 282 order to carry out the powers granted to it by this part or any 283 other law. 284 (5) The commission may not pledge the credit or taxing 285 power of the state or any political subdivision or agency 286 thereof, nor may any of the commission’s obligations be deemed 287 to be obligations of the state or of any political subdivision 288 or agency thereof, nor may the state or any political 289 subdivision or agency thereof, except the commission, be liable 290 for the payment of the principal of or interest on such 291 obligations. 292 Section 6. Section 343.1005, Florida Statutes, is created 293 to read: 294 343.1005 Transportation projects of regional significance. 295 Transportation projects of regional significance are those 296 transportation facilities and transportation services within, in 297 whole or in part, a regional transportation corridor identified 298 in the commission report presented to the Legislature on or 299 about December 31, 2012, or subsequently identified by the 300 commission, which have one or more of the following 301 characteristics: 302 (1) Exhibit a significant level of travel between counties 303 or regions. 304 (2) Provide a primary connection between activity centers 305 or municipalities. 306 (3) Exhibit a significant percentage of freight conveyance. 307 (4) Provide a primary connection to marine, aviation, or 308 intermodal facilities. 309 (5) Provide a regional emergency evacuation route. 310 (6) Support or enhance the functionality of another 311 identified transportation project of regional significance in 312 the corridor by providing for regional movement or removing 313 nonregional trips from other transportation projects of regional 314 significance. 315 (7) Such other characteristics as the commission may 316 determine relating to regional significance. 317 Section 7. Section 343.1006, Florida Statutes, is created 318 to read: 319 343.1006 Plan coordination with other agencies.—The 320 regional transportation plan and implementation plan shall be 321 forwarded to the North Florida Transportation Planning 322 Organization for inclusion in its long range transportation plan 323 and other planning documents as required by law. To the extent 324 feasible, the commission’s planning activities, including the 325 development and adoption of the regional transportation plan and 326 the implementation plan, shall be coordinated with the work of 327 the North Florida Transportation Planning Organization, the 328 Northeast Florida Regional Council, and the department. 329 Section 8. Section 343.1007, Florida Statutes, is created 330 to read: 331 343.1007 Acquisition of lands and property.— 332 (1) The commission may acquire by gift, bequest, or 333 voluntary purchase any property or property rights necessary to 334 carry out its mission and purposes under this part; however, the 335 commission may not obtain private or public property by 336 condemnation or eminent domain. 337 (2) If the commission acquires property pursuant to this 338 part, the commission is not subject to any liability imposed by 339 chapter 376 or chapter 403 for preexisting soil or groundwater 340 contamination due solely to its ownership. This subsection does 341 not affect the rights or liabilities of any past or future 342 owners of the acquired property, nor does it affect the 343 liability of any governmental entity for actions that create or 344 exacerbate a pollution source. The commission and the Department 345 of Environmental Protection may enter into interagency 346 agreements for the performance, funding, and reimbursement of 347 investigative and remedial acts necessary for acquiring property 348 by the commission. 349 Section 9. Section 343.1008, Florida Statutes, is created 350 to read: 351 343.1008 Authority to contract.—Any county, municipality, 352 drainage district, road and bridge district, school district, or 353 any other political subdivision, board, commission, or 354 individual, in or of the state, may make and enter into 355 contracts, leases, conveyances, partnerships, or other 356 agreements with the commission within the provisions and for the 357 purposes of this part. The commission may make and enter into 358 contracts, leases, conveyances, partnerships, interlocal 359 agreements, and other agreements with any political subdivision, 360 agency, or instrumentality of the state and any federal 361 agencies, corporations, and individuals for the purpose of 362 carrying out the provisions of this part and serving the 363 purposes of the commission. 364 Section 10. Section 343.1009, Florida Statutes, is created 365 to read: 366 343.1009 Exemption from taxation and assessment.—The 367 effectuation of the authorized purposes of the commission 368 created under this part is for the benefit of the people of this 369 state, for the increase of their commerce and prosperity, and 370 for the improvement of their health and living conditions, and, 371 because the commission performs essential governmental functions 372 in effectuating such purposes, the commission is not required to 373 pay any taxes or assessments upon any property acquired or used 374 by it for such purposes, or upon any rates, fees, rentals, 375 receipts, income, or charges at any time received by it. 376 Section 11. Section 343.1010, Florida Statutes, is created 377 to read: 378 343.1010 Powers of commission are supplemental.— 379 (1) The powers conferred by this part are supplemental to 380 the existing powers of the North Florida Transportation Planning 381 Organization, the Jacksonville Transportation Authority, the 382 Northeast Florida Regional Council, the counties and the 383 municipalities located therein, and the department. This part 384 does not repeal any provisions of any other law, general, 385 special, or local, but supplements such other laws in the 386 exercise of the powers provided under this part and provides a 387 complete method for the exercise of the powers granted in this 388 part. The projects of the commission must comply with all 389 applicable federal, state, and local laws. The projects of the 390 commission undertaken pursuant to this part may be accomplished 391 without regard to or necessity for compliance with the 392 provisions, limitations, or restrictions contained in any other 393 general, special, or local law except as specifically set forth 394 in this part. 395 (2) This part does not repeal, rescind, or modify any other 396 law relating to the North Florida Transportation Planning 397 Organization, the Jacksonville Transportation Authority, or the 398 department. 399 Section 12. Section 343.1011, Florida Statutes, is created 400 to read: 401 343.1011 Public meetings and hearings.— 402 (1) The commission shall hold regular public meetings at 403 the times and locations determined by the chair but, if 404 feasible, at least quarterly. 405 (2) Before the adoption of the regional transportation plan 406 or the implementation plan, a public hearing shall be conducted 407 by the commission in each of the counties affected, at least one 408 of which must be before the board. Any interested party shall 409 have the opportunity to be heard in person or by counsel and to 410 introduce testimony in his or her behalf at the hearing. 411 Reasonable notice of each public hearing must be published in a 412 newspaper of general circulation in each county in which such 413 hearings are required to be held, at least 7 days before the 414 hearing. The commission shall comply with all applicable federal 415 and state requirements related to new or altered transportation 416 facilities or services. 417 Section 13. Section 343.1012, Florida Statutes, is created 418 to read: 419 343.1012 Discretionary sales surtax.—The commission is not 420 an “authority” for purposes of s. 212.055(1). 421 Section 14. Section 343.1013, Florida Statutes, is created 422 to read: 423 343.1013 Repeal.—This part shall stand repealed on November 424 30, 2018, unless: 425 (1) The commission has adopted the regional transportation 426 plan and the implementation plan, and at least Clay, Duval, 427 Nassau, and St. Johns Counties have adopted resolutions 428 endorsing such plans; and 429 (2) Adequate funding sources to carry out the initial 430 phases of such plans have been secured. 431 Section 15. Subsection (1) of section 120.52, Florida 432 Statutes, is amended to read: 433 120.52 Definitions.—As used in this act: 434 (1) “Agency” means the following officers or governmental 435 entities if acting pursuant to powers other than those derived 436 from the constitution: 437 (a) The Governor; each state officer and state department, 438 and each departmental unit described in s. 20.04; the Board of 439 Governors of the State University System; the Commission on 440 Ethics; the Fish and Wildlife Conservation Commission; a 441 regional water supply authority; a regional planning agency; a 442 multicounty special district, but only if
whena majority of its 443 governing board is comprised of nonelected persons; educational 444 units; and each entity described in chapters 163, 373, 380, and 445 582 and s. 186.504. 446 (b) Each officer and governmental entity in the state 447 having statewide jurisdiction or jurisdiction in more than one 448 county. 449 (c) Each officer and governmental entity in the state 450 having jurisdiction in one county or less than one county, to 451 the extent they are expressly made subject to this chapter act452 by general or special law or existing judicial decisions. 453 454 This definition does not include a anymunicipality or legal 455 entity created solely by a municipality; a anylegal entity or 456 agency created in whole or in part pursuant to part II of 457 chapter 361; a anymetropolitan planning organization created 458 pursuant to s. 339.175; a anyseparate legal or administrative 459 entity created pursuant to s. 339.175 of which a metropolitan 460 planning organization is a member; an expressway authority 461 pursuant to chapter 348 or any transportation authority or 462 commission under chapter 343 or chapter 349; or a anylegal or 463 administrative entity created by an interlocal agreement 464 pursuant to s. 163.01(7), unless any party to such agreement is 465 otherwise an agency as defined in this subsection. 466 Section 16. This act shall take effect July 1, 2013.