ENROLLED 2013 Legislature CS for SB 606 2013606er 1 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. 343.1008, F.S.; 21 authorizing other governmental units and the 22 commission to contract with each other; creating s. 23 343.1009, F.S.; exempting the commission from taxes or 24 assessments; creating s. 343.1010, F.S.; specifying 25 that the powers of the commission are supplemental to 26 other laws; creating s. 343.1011, F.S.; providing for 27 public meetings and hearings; creating s. 343.1012, 28 F.S.; specifying that the commission is not an 29 authority for purposes of specified provisions 30 relating to a discretionary tax; creating s. 343.1013, 31 F.S.; providing for repeal; amending s. 120.52, F.S.; 32 conforming provisions; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. The Division of Law Revision and Information is 37 requested to create part V of chapter 343, Florida Statutes, 38 consisting of ss. 343.1001-343.1013, Florida Statutes. 39 Section 2. Section 343.1001, Florida Statutes, is created 40 to read: 41 343.1001 Short title.—This part may be cited as the 42 “Northeast Florida Regional Transportation Commission Act.” 43 Section 3. Section 343.1002, Florida Statutes, is created 44 to read: 45 343.1002 Definitions.—As used in this part, the term: 46 (1) “Agency of the state” means the state and any 47 department of the state, the commission, or any corporation, 48 agency, or instrumentality created, designated, or established 49 by the state. 50 (2) “Board” means the governing body of the commission. 51 (3) “Commission” means the Northeast Florida Regional 52 Transportation Commission. 53 (4) “Department” means the Department of Transportation. 54 (5) “Transportation authorities” means the department and 55 any entity created under this chapter, chapter 348, or chapter 56 349. 57 (6) “Transportation facilities” means all mobile and fixed 58 assets, including real or personal property or rights therein, 59 used in the transportation of persons or property by any means 60 of conveyance, and all appurtenances thereto, such as, but not 61 limited to: highways; bridges; limited or controlled access 62 roadways, lanes, and related facilities; docks, wharves, 63 vessels, jetties, piers, and marine terminals; vehicles, fixed 64 guideway facilities, including freight rail, intermodal 65 facilities, and any means of conveyance of persons or property 66 of all types; passenger and other terminals; park-and-ride 67 facilities; bicycle ways and related facilities; pedestrian ways 68 and pedestrian-related facilities appurtenant to other 69 transportation facilities; transit-related improvements or 70 developments adjacent to transit facilities or stations; bus, 71 train, vessel, or other vehicle storage, cleaning, fueling, 72 control, and maintenance facilities; and administrative and 73 other office space necessary for the exercise by the commission 74 of the powers and obligations granted under this part. 75 (7) “Transportation services” means the conveyance of 76 persons or property, including mass transit services such as 77 fixed-route bus service, fixed-guideway vehicle service, 78 paratransit service, flex route or demand responsive service, 79 and the planning and funding of transportation facilities. 80 Section 4. Section 343.1003, Florida Statutes, is created 81 to read: 82 343.1003 Northeast Florida Regional Transportation 83 Commission.— 84 (1) The Northeast Florida Regional Transportation 85 Commission, an agency of the state, is created and established 86 as a body politic and corporate, covering the six-county area 87 comprised of Baker, Clay, Duval, Nassau, Putnam, and St. Johns 88 Counties. 89 (2) The nine-member governing board of the commission shall 90 be selected and serve as follows: 91 (a) The county commissions of Baker, Clay, Nassau, Putnam, 92 and St. Johns Counties shall each appoint one person, who may be 93 an elected official of such county. However, in order to ensure 94 continuity on the initial governing board, the initial 95 appointees under this paragraph shall draw lots at the first 96 meeting of the governing board to determine which two members 97 shall serve initial terms of 2 years, which member shall serve 98 an initial term of 3 years, and which two members shall serve 99 initial terms of 4 years. 100 (b) The City of Jacksonville shall be represented by four 101 members, who may be elected officials of the city. Of the four 102 members, the mayor of the City of Jacksonville shall appoint two 103 members, and the Jacksonville City Council shall appoint two 104 members. However, in order to ensure continuity on the initial 105 governing board, the initial appointees shall draw lots at the 106 first meeting of the governing board to determine which member 107 shall serve an initial term of 2 years, which two members shall 108 serve initial terms of 3 years, and which member shall serve an 109 initial term of 4 years. 110 (c) An appointed member may not select or have a designee 111 selected to serve in the absence of the member, whether such 112 member is an elected official or otherwise. However, if an 113 appointed member is designated by the appointing entity by 114 title, such as the chair of a county commission or the chair of 115 a transportation or planning agency, the successor or vice chair 116 may serve for such appointee in his or her absence. 117 (d) Except for the initial board, members shall be 118 appointed for 4-year terms. A member may not serve more than two 119 consecutive terms. 120 (3) The secretary of the department shall appoint a 121 nonvoting advisor to the board. 122 (4) The board may create an advisory panel, with membership 123 to be determined by the board, and may establish committees by 124 and at the will of the chair, or upon vote of the board. 125 (5) The members of the board shall serve without 126 compensation but are entitled to receive reimbursement from the 127 commission for travel expenses and per diem incurred in 128 connection with the business of the commission as provided in s. 129 112.061. Persons appointed to a committee or an advisory panel 130 shall also serve without compensation but may be entitled to per 131 diem or travel expenses incurred in connection with the business 132 of the commission as provided in s. 112.061. 133 (6) Notwithstanding s. 348.0003(4)(c), members of the board 134 shall file a statement of financial interest with the Commission 135 on Ethics pursuant to s. 112.3145. 136 (7) At its inaugural meeting, the board shall establish the 137 duties and powers of its officers as set forth in subsection (8) 138 and its initial rules of conduct and meeting procedures. 139 (8) At its inaugural meeting, and annually thereafter, the 140 board shall elect a chair, vice chair, secretary, and treasurer 141 from among its members, to serve for a term of 1 year. No person 142 may hold the office of chair for more than two consecutive 143 terms. 144 (9) The first meeting of the commission shall be held 145 within 60 days after the creation of the commission. 146 (10) Six members of the board constitute a quorum. The 147 commission may meet upon the presence of a quorum. A vacancy on 148 the board does not impair the ability of a quorum to exercise 149 all rights and perform all duties of the commission. 150 (11) The commission may employ an executive director and an 151 administrative assistant to the board and to the executive 152 director. The commission may employ permanent or temporary 153 staff, including consultants, as it determines necessary or 154 convenient, or, subject to approval by their respective boards 155 or administrative chiefs, may use the staff of: 156 (a) The Jacksonville Transportation Authority, its legal 157 counsel, technical experts, engineers, and other administrative 158 employees. 159 (b) The North Florida Transportation Planning Organization, 160 for planning matters. 161 (c) The Northeast Florida Regional Council, for planning 162 and coordination matters. 163 (d) The department. 164 (e) The Jacksonville Port Authority. 165 (f) The counties represented on the commission board, on an 166 as-needed basis. 167 (12) An appointing county commission, or, in the case of 168 Duval County, upon request of the mayor or the city council 169 president, the Jacksonville City Council, may remove a member 170 appointed by it for cause, including, but not limited to, 171 failure to attend two or more meetings of the commission during 172 any 9-month period. 173 (13) No liability on the part of, and no cause of action 174 may arise against, any member for any action taken in the 175 performance of his or her duties under this part. 176 Section 5. Section 343.1004, Florida Statutes, is created 177 to read: 178 343.1004 Commission powers and duties.— 179 (1) The express purposes of the commission are to improve 180 mobility and expand multimodal transportation options for 181 persons and freight throughout the six-county North Florida 182 region. The commission shall, at a minimum: 183 (a) Use the data contained in the Long Range Transportation 184 Plan of the North Florida Transportation Planning Organization 185 and other data to develop a multimodal and prioritized regional 186 transportation plan consisting of transportation projects of 187 regional significance; and 188 (b) Research and develop an implementation plan that 189 identifies available but not yet imposed, and potentially 190 developable, sources of funding to execute the regional 191 transportation plan. In developing the regional transportation 192 plan, the commission shall review and coordinate with the future 193 land use, capital improvements, and traffic circulation elements 194 of the counties’ local government comprehensive plans, the 195 Strategic Regional Policy Plan of the Northeast Florida Regional 196 Council, and the schedules of other units of government having 197 transit or transportation authority within whose jurisdictions 198 the projects or improvements will be located in order to define 199 and resolve potential inconsistencies between such plans and the 200 commission’s regional transportation plan. The commission shall 201 present the regional transportation plan and updates to the 202 governing bodies of the constituent counties within 90 days 203 after adoption. The commission shall update the regional 204 transportation plan and the implementation plan at least every 205 other year. 206 (2) The commission may plan, develop, coordinate, and 207 promote transportation projects and transportation services of 208 regional significance which are identified in the commission’s 209 regional transportation plan. 210 (a) Subject to available funding and with the approval of 211 the affected counties and transportation authorities, the 212 commission may provide transportation services of regional 213 significance which are identified in the regional transportation 214 plan. 215 (b) To ensure coordination of its plans with those of local 216 governments, the commission shall consult with local governments 217 concerning the commission’s regional transportation plan. 218 (c) The commission may facilitate efforts to secure funding 219 commitments from federal and state sources, or from the 220 applicable counties, for the planning, development, 221 construction, purchase, operation, and maintenance of 222 transportation projects that are of regional significance or 223 that support intercounty mobility for persons or freight. 224 (3) In carrying out its purposes and powers, the commission 225 may request funding and technical assistance from the department 226 and from federal and local agencies. In order to carry out the 227 purposes and powers of the commission for its first 5 years, the 228 commission shall also timely request annually that each 229 constituent county appropriate a cash contribution of up to 30 230 cents per capita per year, based on the latest decennial census, 231 to support its budget; however, the contribution of Duval County 232 may not exceed 45 percent of the commission’s budget for any 233 fiscal year. 234 (4) The commission may exercise all powers necessary, 235 appurtenant, convenient, or incidental to carrying out the 236 purposes identified in subsections (1)-(3), including, but not 237 limited to, the power to: 238 (a) Sue and be sued, implead and be impleaded, and complain 239 and defend in all courts in its own name. 240 (b) Adopt and use a corporate seal. 241 (c) Apply for and accept grants from federal, state, local, 242 or private sources for the carrying out of the purposes and 243 powers of the commission. 244 (d) Partner with private sector business community entities 245 that may further the commission’s mission and engage the public 246 in support of regional multimodal transportation improvements. 247 (e) Adopt rules, including bylaws and sanctions, for the 248 regulation of the affairs and the conducting of business, 249 including termination of membership in the commission for 250 nonpayment of county contributions required under subsection 251 (3). 252 (f) Advertise, market, and promote regional transit 253 services and facilities, freight mobility plans and projects, 254 and the general activities of the commission. 255 (g) Cooperate with other governmental entities and contract 256 with other governmental agencies, including the Federal 257 Government, the department, counties, transit and transportation 258 authorities or agencies, municipalities, and expressway and 259 bridge authorities. 260 (h) Purchase liability insurance directly from local, 261 national, or international insurance companies which the 262 commission is contractually and legally obligated to provide, 263 notwithstanding s. 287.022(1). 264 (i) Make contracts and execute all instruments necessary or 265 convenient for conducting its business. 266 (j) Form, alone or with one or more other agencies of the 267 state or local governments, public benefit corporations to carry 268 out the powers and obligations granted under this part or the 269 powers and obligations of such other agencies or local 270 governments. 271 (k) Do everything necessary or convenient for the conduct 272 of its business and the general welfare of the commission in 273 order to carry out the powers granted to it by this part or any 274 other law. 275 (5) The commission may not pledge the credit or taxing 276 power of the state or any political subdivision or agency 277 thereof, nor may any of the commission’s obligations be deemed 278 to be obligations of the state or of any political subdivision 279 or agency thereof, nor may the state or any political 280 subdivision or agency thereof, except the commission, be liable 281 for the payment of the principal of or interest on such 282 obligations. 283 Section 6. Section 343.1005, Florida Statutes, is created 284 to read: 285 343.1005 Transportation projects of regional significance. 286 Transportation projects of regional significance are those 287 transportation facilities and transportation services within, in 288 whole or in part, a regional transportation corridor identified 289 in the commission report presented to the Legislature on or 290 about December 31, 2012, or subsequently identified by the 291 commission, which have one or more of the following 292 characteristics: 293 (1) Exhibit a significant level of travel between counties 294 or regions. 295 (2) Provide a primary connection between activity centers 296 or municipalities. 297 (3) Exhibit a significant percentage of freight conveyance. 298 (4) Provide a primary connection to marine, aviation, or 299 intermodal facilities. 300 (5) Provide a regional emergency evacuation route. 301 (6) Support or enhance the functionality of another 302 identified transportation project of regional significance in 303 the corridor by providing for regional movement or removing 304 nonregional trips from other transportation projects of regional 305 significance. 306 (7) Such other characteristics as the commission may 307 determine relating to regional significance. 308 Section 7. Section 343.1006, Florida Statutes, is created 309 to read: 310 343.1006 Plan coordination with other agencies.—The 311 regional transportation plan and implementation plan shall be 312 forwarded to the North Florida Transportation Planning 313 Organization for inclusion in its long range transportation plan 314 and other planning documents as required by law. To the extent 315 feasible, the commission’s planning activities, including the 316 development and adoption of the regional transportation plan and 317 the implementation plan, shall be coordinated with the work of 318 the North Florida Transportation Planning Organization, the 319 Northeast Florida Regional Council, and the department. 320 Section 8. Section 343.1008, Florida Statutes, is created 321 to read: 322 343.1008 Authority to contract.—Any county, municipality, 323 drainage district, road and bridge district, school district, or 324 any other political subdivision, board, commission, or 325 individual, in or of the state, may make and enter into 326 contracts, leases, conveyances, partnerships, or other 327 agreements with the commission within the provisions and for the 328 purposes of this part. The commission may make and enter into 329 contracts, leases, conveyances, partnerships, interlocal 330 agreements, and other agreements with any political subdivision, 331 agency, or instrumentality of the state and any federal 332 agencies, corporations, and individuals for the purpose of 333 carrying out the provisions of this part and serving the 334 purposes of the commission. 335 Section 9. Section 343.1009, Florida Statutes, is created 336 to read: 337 343.1009 Exemption from taxation and assessment.—The 338 effectuation of the authorized purposes of the commission 339 created under this part is for the benefit of the people of this 340 state, for the increase of their commerce and prosperity, and 341 for the improvement of their health and living conditions, and, 342 because the commission performs essential governmental functions 343 in effectuating such purposes, the commission is not required to 344 pay any taxes or assessments upon any property acquired or used 345 by it for such purposes, or upon any rates, fees, rentals, 346 receipts, income, or charges at any time received by it. 347 Section 10. Section 343.1010, Florida Statutes, is created 348 to read: 349 343.1010 Powers of commission are supplemental.— 350 (1) The powers conferred by this part are supplemental to 351 the existing powers of the North Florida Transportation Planning 352 Organization, the Jacksonville Transportation Authority, the 353 Northeast Florida Regional Council, the counties and the 354 municipalities located therein, and the department. This part 355 does not repeal any provisions of any other law, general, 356 special, or local, but supplements such other laws in the 357 exercise of the powers provided under this part and provides a 358 complete method for the exercise of the powers granted in this 359 part. The projects of the commission must comply with all 360 applicable federal, state, and local laws. The projects of the 361 commission undertaken pursuant to this part may be accomplished 362 without regard to or necessity for compliance with the 363 provisions, limitations, or restrictions contained in any other 364 general, special, or local law except as specifically set forth 365 in this part. 366 (2) This part does not repeal, rescind, or modify any other 367 law relating to the North Florida Transportation Planning 368 Organization, the Jacksonville Transportation Authority, or the 369 department. 370 Section 11. Section 343.1011, Florida Statutes, is created 371 to read: 372 343.1011 Public meetings and hearings.— 373 (1) The commission shall hold regular public meetings at 374 the times and locations determined by the chair but, if 375 feasible, at least quarterly. 376 (2) Before the adoption of the regional transportation plan 377 or the implementation plan, a public hearing shall be conducted 378 by the commission in each of the counties affected, at least one 379 of which must be before the board. Any interested party shall 380 have the opportunity to be heard in person or by counsel and to 381 introduce testimony in his or her behalf at the hearing. 382 Reasonable notice of each public hearing must be published in a 383 newspaper of general circulation in each county in which such 384 hearings are required to be held, at least 7 days before the 385 hearing. The commission shall comply with all applicable federal 386 and state requirements related to new or altered transportation 387 facilities or services. 388 Section 12. Section 343.1012, Florida Statutes, is created 389 to read: 390 343.1012 Discretionary sales surtax.—The commission is not 391 an “authority” for purposes of s. 212.055(1). 392 Section 13. Section 343.1013, Florida Statutes, is created 393 to read: 394 343.1013 Repeal.—This part shall stand repealed on November 395 30, 2018, unless: 396 (1) The commission has adopted the regional transportation 397 plan and the implementation plan, and at least Clay, Duval, 398 Nassau, and St. Johns Counties have adopted resolutions 399 endorsing such plans; and 400 (2) Adequate funding sources to carry out the initial 401 phases of such plans have been secured. 402 Section 14. Subsection (1) of section 120.52, Florida 403 Statutes, is amended to read: 404 120.52 Definitions.—As used in this act: 405 (1) “Agency” means the following officers or governmental 406 entities if acting pursuant to powers other than those derived 407 from the constitution: 408 (a) The Governor; each state officer and state department, 409 and each departmental unit described in s. 20.04; the Board of 410 Governors of the State University System; the Commission on 411 Ethics; the Fish and Wildlife Conservation Commission; a 412 regional water supply authority; a regional planning agency; a 413 multicounty special district, but only if
whena majority of its 414 governing board is comprised of nonelected persons; educational 415 units; and each entity described in chapters 163, 373, 380, and 416 582 and s. 186.504. 417 (b) Each officer and governmental entity in the state 418 having statewide jurisdiction or jurisdiction in more than one 419 county. 420 (c) Each officer and governmental entity in the state 421 having jurisdiction in one county or less than one county, to 422 the extent they are expressly made subject to this chapter act423 by general or special law or existing judicial decisions. 424 425 This definition does not include a anymunicipality or legal 426 entity created solely by a municipality; a anylegal entity or 427 agency created in whole or in part pursuant to part II of 428 chapter 361; a anymetropolitan planning organization created 429 pursuant to s. 339.175; a anyseparate legal or administrative 430 entity created pursuant to s. 339.175 of which a metropolitan 431 planning organization is a member; an expressway authority 432 pursuant to chapter 348 or any transportation authority or 433 commission under chapter 343 or chapter 349; or a anylegal or 434 administrative entity created by an interlocal agreement 435 pursuant to s. 163.01(7), unless any party to such agreement is 436 otherwise an agency as defined in this subsection. 437 Section 15. This act shall take effect July 1, 2013.