2013 Legislature                                   CS for SB 606
    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.
   34  Be It Enacted by the Legislature of the State of Florida:
   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         343.1001Short 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         343.1002Definitions.—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         343.1004Commission 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         343.1006Plan 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         343.1008Authority 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         343.1009Exemption 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         343.1010Powers 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         343.1013Repeal.—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 when a 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 act
  423  by general or special law or existing judicial decisions.
  425  This definition does not include a any municipality or legal
  426  entity created solely by a municipality; a any legal entity or
  427  agency created in whole or in part pursuant to part II of
  428  chapter 361; a any metropolitan planning organization created
  429  pursuant to s. 339.175; a any separate 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 any legal 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.