Senate Bill 1456c2

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                    CS for CS for SB 1456

    By the Committees on Community Affairs, Transportation and
    Senator Hargrett




    316-2186-98

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 163.3178, F.S.; requiring certain

  4         ports to identify certain spoil disposal sites;

  5         requiring such ports to prepare comprehensive

  6         master plans; amending s. 163.3187, F.S.;

  7         exempting comprehensive plan amendments for

  8         port transportation facilities and projects

  9         from a time limitation; amending s. 163.3191,

10         F.S.; authorizing the Department of Community

11         Affairs to grant an extension of the Evaluation

12         and Appraisal Report submission from local

13         governments in order to coordinate planning

14         efforts with Metropolitan Planning

15         Organizations; amending s. 253.77, F.S.;

16         providing that certain ports and inland

17         navigation districts are not required to pay

18         fees for activities involving the use of

19         sovereign lands; amending s. 311.07, F.S.;

20         providing that projects eligible for funding

21         under the Florida Seaport Transportation and

22         Economic Development Program must be consistent

23         with port master plans; amending s. 311.09,

24         F.S.; declaring that projects eligible for

25         funding under the Florida Seaport

26         Transportation and Economic Development Program

27         are presumed to be in the public interest;

28         amending s. 315.03, F.S.; delineating powers

29         for certain local governmental entities that

30         consist of three or more ports; amending s.

31         320.20, F.S.; authorizing such entities to

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         exercise the authority granted under chapter

  2         315, F.S.; amending s. 334.046, F.S.; providing

  3         program objectives for enhancing position in

  4         world economy; providing for work program

  5         development; amending s. 339.175, F.S.;

  6         providing that plans and programs developed by

  7         metropolitan planning organizations shall not

  8         be considered agency action or agency rules;

  9         providing planning factors to be considered in

10         Metropolitan Planning Organization

11         transportation plans; providing for the

12         creation of planning goals; creating the

13         Land-Use Transportation Planning Reconciliation

14         Committee; providing for its membership and

15         duties; amending s. 341.053, F.S.; providing

16         for the creation of the Strategic Intermodal

17         Transportation and Economic Development

18         Planning Council within the Department of

19         Transportation; providing an effective date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Subsection (7) of section 163.3178, Florida

24  Statutes, is amended to read:

25         163.3178  Coastal management.--

26         (7)  Each port listed in s. 311.09(1), and each local

27  government in the coastal area which has spoil disposal

28  responsibilities shall provide for or identify disposal sites

29  for dredged materials in the future land use and port elements

30  of the local comprehensive plan as needed to assure proper

31  long-term management of material dredged from navigation

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  channels, sufficient long-range disposal capacity,

  2  environmental sensitivity and compatibility, and reasonable

  3  cost and transportation.  The disposal site selection criteria

  4  shall be developed in consultation with navigation and inlet

  5  districts and other appropriate state and federal agencies and

  6  the public. For areas owned or controlled by ports listed in

  7  s. 311.09(1), and proposed port expansion areas, compliance

  8  with the provisions of this subsection shall be achieved

  9  through comprehensive master plans prepared by each port and

10  integrated with the appropriate local plan pursuant to s.

11  163.3178(2)(k).

12         Section 2.  Paragraph (g) is added to subsection (1)

13  and paragraph (d) is added to subsection (6) of section

14  163.3187, Florida Statutes, to read:

15         163.3187  Amendment of adopted comprehensive plan.--

16         (1)  Amendments to comprehensive plans adopted pursuant

17  to this part may be made not more than two times during any

18  calendar year, except:

19         (g)  Any comprehensive plan amendments for port

20  transportation facilities and projects which are eligible for

21  funding by the Florida Seaport Transportation and Economic

22  Development Council pursuant to the provisions of s. 311.07.

23         (6)  No local government may amend its comprehensive

24  plan after the date established by rule for submittal of its

25  evaluation and appraisal report unless it has submitted its

26  report or addendum to the state land planning agency as

27  prescribed by s. 163.3191, except for:

28         (d)  Plan amendments for port transportation facilities

29  and projects which are eligible for funding by the Florida

30  Seaport Transportation and Economic Development Council

31  pursuant to the provisions of s. 311.07.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1

  2  When the agency has determined that the report or addendum has

  3  sufficiently addressed all pertinent provisions of s.

  4  163.3191, the local government may proceed with plan

  5  amendments in addition to those necessary to implement

  6  recommendations in the report or addendum.

  7         Section 3.  Subsection (4) of section 163.3191, Florida

  8  Statutes, is amended to read:

  9         163.3191  Evaluation and appraisal of comprehensive

10  plan.--

11         (4)  The governing body shall adopt, or adopt with

12  changes, the report or portions thereof within 90 days after

13  receiving it from the local planning agency. The governing

14  body shall amend its comprehensive plan based on the

15  recommendations contained in the adopted evaluation and

16  appraisal report, pursuant to the procedures in ss. 163.3184,

17  163.3187, and 163.3189. Amendments to the plan and the

18  adoption of the report may be simultaneous. When amendments to

19  the plan do not occur simultaneously with the adoption of the

20  evaluation and appraisal report, the report shall contain a

21  schedule for adoption of proposed amendments within 1 year

22  after the report is adopted, except that the state land

23  planning agency may grant a 6-month extension for adoption of

24  such plan amendments if the request is justified by good and

25  sufficient cause as determined by the agency. Such an

26  extension may also be granted if the request will result in

27  greater coordination between transportation and land use, for

28  the purposes of improving Florida's transportation system, as

29  determined by the agency in coordination with the Metropolitan

30  Planning Organization planning program. The report shall be

31  transmitted to the state land planning agency, with the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  related amendments when the amendments are transmitted

  2  pursuant to s. 163.3184.

  3         Section 4.  Subsection (4) is added to section 253.77,

  4  Florida Statutes, to read:

  5         253.77  State lands; state agency authorization for use

  6  prohibited without consent of agency in which title vested;

  7  concurrent processing requirements.--

  8         (4)  Notwithstanding any other provision of this

  9  chapter, chapter 373, or chapter 403, for activities

10  authorized by a permit or exemption under chapter 373 or

11  chapter 403, a port listed in s. 403.021(9)(b) or an inland

12  navigation district created under s. 374.975(3), is not

13  required to pay fees for any activity that involves the use of

14  sovereign lands, including any lease, easement, or consent of

15  use.

16         Section 5.  Subsections (1) and (3) of section 311.07,

17  Florida Statutes, are amended to read:

18         311.07  Florida seaport transportation and economic

19  development funding.--

20         (1)  There is created the Florida Seaport

21  Transportation and Economic Development Program within the

22  Department of Transportation to finance port transportation or

23  port facilities and projects that will improve the movement

24  and intermodal transportation of cargo or passengers in

25  commerce and trade and that will support the interests,

26  purposes, and requirements of ports located in this state.

27         (3)(a)  Program funds shall be used to fund approved

28  projects on a 50-50 matching basis with any of the deepwater

29  ports, as listed in s. 403.021(9)(b), which is governed by a

30  public body or any other deepwater port which is governed by a

31  public body and which complies with the water quality

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  provisions of s. 403.061, the comprehensive master plan

  2  requirements of s. 163.3178(2)(k), the local financial

  3  management and reporting provisions of part III of chapter

  4  218, and the auditing provisions of s. 11.45(3)(a)4. Program

  5  funds also may be used by the Seaport Transportation and

  6  Economic Development Council to develop with the Florida Trade

  7  Data Center such trade data information products which will

  8  assist Florida's seaports and international trade.

  9         (b)  Projects eligible for funding by grants under the

10  program are limited to the following port transportation

11  facilities and or port transportation projects:

12         1.  Transportation facilities within the jurisdiction

13  of the port.

14         2.  The dredging or deepening of channels, turning

15  basins, or harbors.

16         3.  The construction or rehabilitation of wharves,

17  docks, structures, jetties, piers, storage facilities, cruise

18  terminals, automated people mover systems, or any facilities

19  necessary or useful in connection with any of the foregoing.

20         4.  The acquisition of container cranes or other

21  mechanized equipment used in the movement of cargo or

22  passengers in international commerce.

23         5.  The acquisition of land to be used for port

24  purposes as described in, or consistent with, port master

25  plans.

26         6.  The acquisition, improvement, enlargement, or

27  extension of existing port facilities as described in, or

28  consistent with, port master plans.

29         7.  Environmental protection projects which are

30  necessary because of requirements imposed by a state agency as

31  a condition of a permit or other form of state approval; which

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  are necessary for environmental mitigation required as a

  2  condition of a state, federal, or local environmental permit;

  3  which are necessary for the acquisition of spoil disposal

  4  sites and improvements to existing and future spoil sites; or

  5  which result from the funding of eligible projects listed

  6  herein.

  7         8.  Transportation facilities as defined in s.

  8  334.03(31) which are not otherwise part of the Department of

  9  Transportation's adopted work program.

10         9.  Seaport intermodal access projects identified in

11  the 5-year Florida Seaport Mission Plan as provided in s.

12  311.09(3).

13         (c)  To be eligible for consideration by the council

14  pursuant to this section, a project must be consistent with

15  the port comprehensive master plan which is incorporated as

16  part of the approved local government comprehensive plan as

17  required by s. 163.3178(2)(k) or other provisions of the Local

18  Government Comprehensive Planning and Land Development

19  Regulation Act, part II of chapter 163.

20         Section 6.  Subsection (9) of section 311.09, Florida

21  Statutes, is amended to read:

22         311.09  Florida Seaport Transportation and Economic

23  Development Council.--

24         (9)  The council shall review the findings of the

25  Department of Community Affairs; the Office of Tourism, Trade,

26  and Economic Development; and the Department of

27  Transportation.  Projects found to be inconsistent pursuant to

28  subsections (6), (7), and (8) and projects which have been

29  determined not to offer an economic benefit to the state

30  pursuant to subsection (8) shall not be included in the list

31  of projects to be funded. Projects found to be consistent

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  pursuant to subsection (6), (7), and (8) shall be presumed in

  2  the public interest.

  3         Section 7.  Section 315.03, Florida Statutes, is

  4  amended to read:

  5         315.03  Grant of powers.--

  6         (1)  Each unit is hereby authorized and empowered:

  7         (a)(1)  To acquire, construct, lease, operate and

  8  maintain any port facilities either within or without or

  9  partly within and partly without the corporate limits of the

10  unit, or within or partly within the corporate limits of any

11  other unit on property owned or acquired by it; provided,

12  however, that no unit shall acquire, construct, lease, operate

13  or maintain port facilities other than channels or turning

14  basins in any county of the state other than the county in

15  which such unit is located without securing the prior approval

16  or consent of the unit or units in which such port facilities

17  are proposed to be located, which approval or consent, if

18  given, shall be evidenced by a resolution or ordinance duly

19  adopted.

20         (b)(2)  To acquire by purchase, grant, gift or lease or

21  by the exercise of the right of eminent domain and to hold and

22  dispose of any property, real or personal, tangible or

23  intangible, or any right or interest in any such property, for

24  or in connection with any port facilities, whether or not

25  subject to mortgage, liens, charges or other encumbrances.

26         (c)(3)  To add to or extend, or cause or permit to be

27  added to or extended, any existing lands or islands now or

28  hereafter owned by a unit bordering on or being in any waters

29  by the pumping of sand or earth from any land under water or

30  by any other means of construction, as a part of or for the

31  purpose of providing any port facilities or for the purpose of

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  improving, creating or extending any property of the unit for

  2  use of or disposal by the unit.

  3         (d)(4)  To construct, or cause or permit to be

  4  constructed, an island or islands in any waters by the pumping

  5  of sand or earth from any land under water or by any other

  6  means of construction, as a part of or for the purpose of

  7  providing any port facilities.

  8         (e)(5)  To construct any bridge, tunnel, road or

  9  causeway, or any combination thereof, to, from or between any

10  port facilities.

11         (f)(6)  To dredge or deepen harbors, channels and

12  turning basins, to cooperate with the United States or any

13  agency thereof in the dredging or deepening of any harbor,

14  channel or turning basin, to enter into contracts with the

15  United States or with any agency thereof concerning any such

16  dredging or deepening project, and to pay such amounts to the

17  United States or any agency thereof or to others as shall be

18  required by the terms of any such contract.

19         (g)(7)  To fill in, extend and enlarge, or cause or

20  permit to be filled in, extended and enlarged, any existing

21  port facilities, to demolish and remove any and all structures

22  thereon or constituting a part thereof, and otherwise to

23  prepare the same for sale or lease to provide funds for

24  financing port facilities under the provisions of this law.

25         (h)(8)  To acquire any existing port facilities and to

26  fill in, extend, enlarge or improve the same, or to cause or

27  permit the same to be extended, enlarged or improved, for any

28  public purpose or for sale or lease for the purpose of

29  providing funds for the acquisition by the unit of any port

30  facilities or for the payment of bonds, notes or other

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  obligations of the unit for or in connection with any port

  2  facilities.

  3         (i)(9)  To sell at public or private sale or lease for

  4  public or private purposes all or any portion of any port

  5  facilities now or hereafter owned by the unit, including any

  6  such facilities as extended, enlarged or improved, and all or

  7  any portion of any property of the unit improved, created,

  8  extended or enlarged under the authority of this law, on such

  9  terms and subject to such conditions as the governing body

10  shall determine to be in the best interests of the unit.

11         (j)(10)  To contract for the purchase by the unit of

12  any port facilities to be constructed, enlarged, extended or

13  improved by any public body, agency or instrumentality or by

14  any private person, firm or corporation, and to provide for

15  payment of the purchase price thereof in such manner as may be

16  deemed by the governing body to be in the best interests of

17  the unit, including, but without limitation, the sale or

18  exchange of any property of the unit therefor or the issuance

19  of bonds or other obligations of the unit.

20         (k)(11)  To accept loans or grants of money or

21  materials or property at any time from the United States or

22  the State of Florida or any agency, instrumentality or

23  subdivision thereof, upon such terms and conditions as the

24  United States, the State of Florida, or such agency,

25  instrumentality or subdivision may impose.

26         (l)(12)  To exercise jurisdiction, control and

27  supervision over any port facilities now or hereafter

28  acquired, owned or constructed by the unit.

29         (m)(13)  To operate and maintain, and to fix and

30  collect rates, rentals, fees and other charges for any of the

31  services and facilities provided by the port facilities now or

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  hereafter acquired, owned or constructed by the unit excluding

  2  state bar pilots.

  3         (n)(14)  To lease or rent, or contract with others for

  4  the operation of all or any part of any port facilities now or

  5  hereafter acquired, owned or constructed by the unit, on such

  6  terms and for such period or periods and subject to such

  7  conditions as the governing body shall determine to be in the

  8  best interests of the units.

  9         (o)(15)  To contract debts for the acquisition or

10  construction of any port facilities or for any other purposes

11  of this law, to borrow money, to make advances, and to issue

12  bonds or other obligations to finance all or any part of such

13  acquisition or construction or in the carrying out of any

14  other purposes of this law.

15         (p)(16)  To make advances to the United States or any

16  agency or instrumentality thereof in connection with any port

17  facilities, including the dredging or deepening of any harbor,

18  channel or turning basin to serve any port facilities.

19         (q)(17)  To enter on any lands, waters or premises,

20  within or without the unit or within the corporate limits of

21  any other unit, for the purpose of making surveys, soundings

22  and examinations with relation to any existing or proposed

23  port facilities.

24         (r)(18)  To contract with the United States or the

25  State of Florida or any agency or instrumentality thereof or

26  with any public body or political subdivision or with any

27  private person, firm or corporation with reference to any of

28  the powers hereby granted.

29         (s)(19)  To perform any of the acts hereby authorized

30  through or by means of its own officers, agents or employees

31  or by contract.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         (t)(20)  To do all acts and things and to enter into

  2  all contracts and agreements necessary or convenient to carry

  3  out the purposes of this law.

  4         (u)(21)  To expend funds to finance the cost of

  5  implementing recommendations made pursuant to s. 161.161 to

  6  mitigate the adverse impacts of inlets on beaches.

  7         (2)  Any legal entity created under s. 163.01(7)(d),

  8  the membership of which consists of three or more ports listed

  9  in s. 311.09(1), in addition to any powers granted such entity

10  under applicable law and in the interlocal agreement pursuant

11  to which the entity was created, shall have the power:

12         (a)  Provided in s. 163.01(7)(g), provided the public

13  facilities which may be acquired, owned, constructed,

14  improved, operated, or managed by such legal entity shall be

15  limited to facilities which are part of the Florida Seaport

16  Transportation and Economic Development Program as provided in

17  chapter 311 and s. 320.20(3) and (4) and seaport intermodal

18  access projects of statewide significance provided in s.

19  341.053.

20         (b)  To enter into interlocal agreements or contracts

21  with public agencies, as defined in s. 163.01, and private

22  parties for financing, constructing, acquiring, operating,

23  maintaining, improving, or managing the public facilities

24  described in paragraph (a).

25         (c)  To enter into interlocal agreements or contracts

26  with public agencies to exercise powers of eminent domain in

27  regard to the public facilities described in paragraph (a).

28         (d)  To do all other things necessary to accomplish the

29  financing, constructing, acquisition, operation, maintenance,

30  improvement, and management of the public facilities described

31  in paragraph (a).

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         Section 8.  Subsection (4) of section 320.20, Florida

  2  Statutes, is amended to read:

  3         320.20  Disposition of license tax moneys.--The revenue

  4  derived from the registration of motor vehicles, including any

  5  delinquent fees and excluding those revenues collected and

  6  distributed under the provisions of s. 320.081, must be

  7  distributed monthly, as collected, as follows:

  8         (4)  Notwithstanding any other provision of law except

  9  subsections (1), (2), and (3), on July 1, 2001, and annually

10  thereafter, $10 million shall be deposited in the State

11  Transportation Trust Fund solely for the purposes of funding

12  the Florida Seaport Transportation and Economic Development

13  Program as provided in chapter 311 and for funding seaport

14  intermodal access projects of statewide significance as

15  provided in s. 341.053. Such revenues shall be distributed to

16  any port listed in s. 311.09(1), to be used for funding

17  projects as follows:

18         (a)  For any seaport intermodal access projects that

19  are identified in the 1997-1998 Tentative Work Program of the

20  Department of Transportation, up to the amounts needed to

21  offset the funding requirements of this section; and

22         (b)  For seaport intermodal access projects as

23  described in s. 341.053(5) that are identified in the 5-year

24  Florida Seaport Mission Plan as provided in s. 311.09(3).

25  Funding for such projects shall be on a matching basis as

26  mutually determined by the Florida Seaport Transportation and

27  Economic Development Council and the Department of

28  Transportation, provided a minimum of 25 percent of total

29  project funds shall come from any port funds, local funds,

30  private funds, or specifically earmarked federal funds; or

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         (c)  On a 50-50 matching basis for projects as

  2  described in s. 311.07(3)(b).

  3

  4  Such revenues may be assigned, pledged, or set aside as a

  5  trust for the payment of principal or interest on bonds, tax

  6  anticipation certificates, or any other form of indebtedness

  7  issued by an individual port or appropriate local government

  8  having jurisdiction thereof, or collectively by interlocal

  9  agreement among any of the ports, or used to purchase credit

10  support to permit such borrowings. However, such debt shall

11  not constitute a general obligation of the state. This state

12  does hereby covenant with holders of such revenue bonds or

13  other instruments of indebtedness issued hereunder that it

14  will not repeal or impair or amend this subsection in any

15  manner which will materially and adversely affect the rights

16  of holders so long as bonds authorized by this subsection are

17  outstanding. Any revenues that are not pledged to the

18  repayment of bonds as authorized by this section may be

19  utilized for purposes authorized under the Florida Seaport

20  Transportation and Economic Development Program. This revenue

21  source is in addition to any amounts provided for and

22  appropriated in accordance with s. 311.07 and subsection (3).

23  The Florida Seaport Transportation and Economic Development

24  Council shall approve distribution of funds to ports for

25  projects that have been approved pursuant to s. 311.09(5)-(9),

26  or for seaport intermodal access projects identified in the

27  5-year Florida Seaport Mission Plan as provided in s.

28  311.09(3) and mutually agreed upon by the FSTED Council and

29  the Department of Transportation.  All contracts for actual

30  construction of projects authorized by this subsection must

31  include a provision encouraging employment of WAGES

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  participants.  The goal for employment of WAGES participants

  2  is 25 percent of all new employees employed specifically for

  3  the project, unless the Department of Transportation and the

  4  Florida Seaport Transportation and Economic Development

  5  Council can demonstrate to the satisfaction of the Secretary

  6  of Labor and Employment Security that such a requirement would

  7  severely hamper the successful completion of the project. In

  8  such an instance, the Secretary of Labor and Employment

  9  Security shall establish an appropriate percentage of

10  employees that must be WAGES participants. The council and the

11  Department of Transportation are authorized to perform such

12  acts as are required to facilitate and implement the

13  provisions of this subsection. To better enable the ports to

14  cooperate to their mutual advantage, the governing body of

15  each port may exercise powers provided to municipalities or

16  counties in s. 163.01(7)(d) subject to the provisions of

17  chapter 311 and special acts, if any, pertaining to a port.

18  Any legal entity created under s. 163.01(7)(d), the membership

19  of which consists of three or more ports listed in s.

20  311.09(1), and its individual members, shall have the

21  authority and powers granted under chapter 315. The use of

22  funds provided pursuant to this subsection is limited to

23  eligible projects listed in this subsection. The provisions of

24  s. 311.07(4) do not apply to any funds received pursuant to

25  this subsection.

26         Section 9.  Paragraph (c) of subsection (1) of section

27  334.046, Florida Statutes, is amended to read:

28         334.046  Department program objectives.--

29         (1)  The program objectives of the department for the

30  purpose of enhancing public safety and providing for a

31  comprehensive transportation system are:

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         (c)  To reduce congestion on the state transportation

  2  system, the generation of pollutants, and fuel consumption,

  3  and to enhance the state's competitive position in the world

  4  economy by improving access to the state's major airports,

  5  seaports, railroads, intermodal transfer facilities, and

  6  trucking facilities of statewide significance, by:

  7         1.  Developing and implementing the Florida Intrastate

  8  Highway System as approved by the Legislature, giving emphasis

  9  to system connectivity and intermodal connections;

10         2.  Reducing deficient lane miles through new

11  construction and expansion of existing facilities;

12         3.  Constructing intersection improvements, grade

13  separations, and other traffic operation improvements;

14         4.  Participating in the development of toll roads; and

15         5.  Promoting all forms of public transit.

16         Section 10.  When developing the 1999-2000 and

17  2004-2005 work program the Department of Transportation must,

18  to the maximum extent feasible, program additional federal

19  funds to enhance the state's competitive position in

20  accordance with sections 334.046(1)(c) and 341.053(6), (7),

21  and (8), Florida Statutes.

22         Section 11.  Subsections (4), (5), and (6) of section

23  339.175, Florida Statutes, are amended to read:

24         339.175  Metropolitan planning organization.--It is the

25  intent of the Legislature to encourage and promote the

26  development of transportation systems embracing various modes

27  of transportation in a manner that will maximize the mobility

28  of people and goods within and through urbanized areas of this

29  state and minimize, to the maximum extent feasible, and

30  together with applicable regulatory government agencies,

31  transportation-related fuel consumption and air pollution.  To

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  accomplish these objectives, metropolitan planning

  2  organizations, referred to in this section as M.P.O.'s, shall

  3  develop, in cooperation with the state, transportation plans

  4  and programs for metropolitan areas. Such plans and programs

  5  must provide for the development of transportation facilities

  6  that will function as an intermodal transportation system for

  7  the metropolitan area.  The process for developing such plans

  8  and programs shall be continuing, cooperative, and

  9  comprehensive, to the degree appropriate, based on the

10  complexity of the transportation problems.

11         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

12  responsibility of an M.P.O. is to manage a continuing,

13  cooperative, and comprehensive transportation planning process

14  that results in the development of plans and programs which

15  are consistent, to the maximum extent feasible, with the

16  approved local government comprehensive plans of the units of

17  local government the boundaries of which are within the

18  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

19  for cooperative decisionmaking by officials of the affected

20  governmental entities in the development of the plans and

21  programs required by subsections (5), (6), (7), and (8). The

22  development of the plans and programs required by subsections

23  (5), (6), (7), and (8) shall not be considered agency action

24  under s. 120.52(2). The plans and programs required by

25  subsections (5), (6), (7), and (8) shall not be considered

26  rules under s. 120.52(15).

27         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

28  privileges, and authority of an M.P.O. are those specified in

29  this section or incorporated in an interlocal agreement

30  authorized under s. 163.01.  Each M.P.O. shall perform all

31  acts required by federal or state laws or rules, now and

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  subsequently applicable, which are necessary to qualify for

  2  federal aid. It is the intent of this section that each M.P.O.

  3  shall be involved in the planning and programming of

  4  transportation facilities, including, but not limited to,

  5  airports, intercity and high-speed rail lines, seaports, and

  6  intermodal facilities, to the extent permitted by state or

  7  federal law.

  8         (a)  Each M.P.O. shall, in cooperation with the

  9  department, develop:

10         1.  A long-range transportation plan pursuant to the

11  requirements of subsection (6);

12         2.  An annually updated transportation improvement

13  program pursuant to the requirements of subsection (7); and

14         3.  An annual unified planning work program pursuant to

15  the requirements of subsection (8).

16         (b)  In developing the long-range transportation plan

17  and the transportation improvement program required under

18  paragraph (a), each M.P.O. must, at a minimum, consider:

19         1.  The preservation of existing transportation

20  facilities and, where practical, ways to meet transportation

21  needs by using existing facilities more efficiently;

22         2.  The consistency of transportation planning with

23  applicable federal, state, and local energy conservation

24  programs, goals, and objectives;

25         3.  The need to relieve congestion and prevent

26  congestion from occurring where it does not yet occur;

27         4.  The likely effect of transportation policy

28  decisions on land use and development and the consistency of

29  transportation plans and programs with all applicable

30  short-term and long-term land use and development plans;

31

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         5.  The programming of transportation enhancement

  2  activities as required by federal law;

  3         6.  The effect of all transportation projects to be

  4  undertaken in the metropolitan area, without regard to whether

  5  such projects are publicly funded;

  6         7.  The provision of access to seaports, airports,

  7  intermodal transportation facilities, major freight

  8  distribution routes, national and state parks, recreation

  9  areas, monuments and historic sites, and military

10  installations;

11         8.  The need for roads within the metropolitan area to

12  efficiently connect with roads outside the metropolitan area;

13         9.  The transportation needs identified through the use

14  of transportation management systems required by federal or

15  state law;

16         10.  The preservation of rights-of-way for construction

17  of future transportation projects, including the

18  identification of unused rights-of-way that may be needed for

19  future transportation corridors and the identification of

20  corridors for which action is most needed to prevent

21  destruction or loss;

22         11.  Any available methods to enhance the efficient

23  movement of freight;

24         12.  The use of life-cycle costs in the design and

25  engineering of bridges, tunnels, or pavement;

26         13.  The overall social, economic, energy, and

27  environmental effects of transportation decisions;

28         14.  Any available methods to expand or enhance transit

29  services and increase the use of such services; and

30         15.  The possible allocation of capital investments to

31  increase security for transit systems; and.

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         16.  The social and economic effects of transportation

  2  projects on low-income, inner-city neighborhoods.

  3         (c)  Goals must be developed cooperatively by local

  4  governments, in the context of the land-use and transportation

  5  elements of the local comprehensive plan, and M.P.O.'s that

  6  demonstrate compliance with these seven planning factors.

  7         (d)(c)  In order to provide recommendations to the

  8  department and local governmental entities regarding

  9  transportation plans and programs, each M.P.O. shall:

10         1.  Prepare a congestion management system for the

11  metropolitan area and cooperate with the department in the

12  development of all other transportation management systems

13  required by state or federal law;

14         2.  Assist the department in mapping transportation

15  planning boundaries required by state or federal law;

16         3.  Assist the department in performing its duties

17  relating to access management, functional classification of

18  roads, and data collection;

19         4.  Execute all agreements or certifications necessary

20  to comply with applicable state or federal law;

21         5.  Represent all the jurisdictional areas within the

22  metropolitan area in the formulation of transportation plans

23  and programs required by this section; and

24         6.  Perform all other duties required by state or

25  federal law.

26         (e)(d)  Each M.P.O. shall appoint a technical advisory

27  committee that includes planners; engineers; representatives

28  of local aviation authorities, port authorities, and public

29  transit authorities or representatives of aviation

30  departments, seaport departments, and public transit

31  departments of municipal or county governments, as applicable;

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  the school superintendent of each county within the

  2  jurisdiction of the M.P.O. or the superintendent's designee;

  3  and other appropriate representatives of affected local

  4  governments. In addition to any other duties assigned to it by

  5  the M.P.O. or by state or federal law, the technical advisory

  6  committee is responsible for identifying projects contained in

  7  the long-range plan or transportation improvement program

  8  which deserve to be classified as a school safety concern.

  9  Upon receipt of the recommendation from the technical advisory

10  committee that a project should be so classified, the M.P.O.

11  must vote on whether to classify a particular project as a

12  school safety concern.  If the M.P.O. votes that a project

13  should be classified as a school safety concern, the local

14  governmental entity responsible for the project must consider

15  at least two alternatives before making a decision about

16  project location or alignment.

17         (f)(e)1.  Each M.P.O. shall appoint a citizens'

18  advisory committee, the members of which serve at the pleasure

19  of the M.P.O. The membership on the citizens' advisory

20  committee must reflect a broad cross section of local

21  residents with an interest in the development of an efficient,

22  safe, and cost-effective transportation system. Minorities,

23  the elderly, and the handicapped must be adequately

24  represented.

25         2.  Notwithstanding the provisions of subparagraph 1.,

26  an M.P.O. may, with the approval of the department and the

27  applicable federal governmental agency, adopt an alternative

28  program or mechanism to ensure citizen involvement in the

29  transportation planning process.

30         (g)(f)  The department shall allocate to each M.P.O.,

31  for the purpose of accomplishing its transportation planning

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  and programming duties, an appropriate amount of federal

  2  transportation planning funds.

  3         (h)(g)  Each M.P.O. may employ personnel or may enter

  4  into contracts with local or state agencies, private planning

  5  firms, or private engineering firms to accomplish its

  6  transportation planning and programming duties required by

  7  state or federal law.

  8         (6)  LONG-RANGE PLAN.--Each M.P.O. must develop a

  9  long-range transportation plan that addresses at least a

10  20-year planning horizon. The plan must include both

11  long-range and short-range strategies and must comply with all

12  other state and federal requirements. The long-range plan must

13  be consistent, to the maximum extent feasible, with future

14  land use elements and the goals, objectives, and policies of

15  the approved local government comprehensive plans of the units

16  of local government located within the jurisdiction of the

17  M.P.O. The approved long-range plan must be considered by

18  local governments in the development of the transportation

19  elements in local government comprehensive plans and any

20  amendments thereto. The long-range plan must, at a minimum:

21         (a)  Include goals demonstrating compliance with the

22  seven planning factors in paragraph (5)(b).

23         (b)(a)  Identify transportation facilities, including,

24  but not limited to, major roadways, airports, seaports,

25  commuter rail systems, transit systems, and intermodal or

26  multimodal terminals that will function as an integrated

27  metropolitan transportation system.  The long-range plan must

28  give emphasis to those transportation facilities that serve

29  national, statewide, or regional functions, and must consider

30  the goals and objectives identified in the Florida

31  Transportation Plan as provided in s. 339.155.

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         (c)(b)  Include a financial plan that demonstrates how

  2  the plan can be implemented, indicating resources from public

  3  and private sources which are reasonably expected to be

  4  available to carry out the plan, and recommends innovative

  5  financing techniques that may be used to fund needed projects

  6  and programs.  Such techniques may include the assessment of

  7  tolls, the use of value capture financing, or the use of

  8  congestion pricing.

  9         (d)(c)  Assess capital investment and other measures

10  necessary to:

11         1.  Ensure the preservation of the existing

12  metropolitan transportation system including requirements for

13  the operation, resurfacing, restoration, and rehabilitation of

14  major roadways and requirements for the operation,

15  maintenance, modernization, and rehabilitation of public

16  transportation facilities; and

17         2.  Make the most efficient use of existing

18  transportation facilities to relieve vehicular congestion and

19  maximize the mobility of people and goods.

20         (e)(d)  Indicate, as appropriate, proposed

21  transportation enhancement activities, including, but not

22  limited to, pedestrian and bicycle facilities, scenic

23  easements, landscaping, historic preservation, mitigation of

24  water pollution due to highway runoff, and control of outdoor

25  advertising.

26         (f)(e)  In addition to the requirements of paragraphs

27  (a)-(e) (a)-(d), in metropolitan areas that are classified as

28  nonattainment areas for ozone or carbon monoxide, the M.P.O.

29  must coordinate the development of the long-range plan with

30  the State Implementation Plan developed pursuant to the

31  requirements of the federal Clean Air Act.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1

  2  In the development of its long-range plan, each M.P.O. must

  3  provide affected public agencies, representatives of

  4  transportation agency employees, private providers of

  5  transportation, other interested parties, and members of the

  6  general public with a reasonable opportunity to comment on the

  7  long-range plan. The long-range plan must be approved by the

  8  M.P.O.

  9         Section 12.  Land-Use Transportation Planning

10  Reconciliation Technical Committee.--There is created the

11  Land-Use Transportation Planning Reconciliation Technical

12  Committee to evaluate the roles of local governments, regional

13  planning councils, metropolitan planning organizations, and

14  state agencies in the reconciliation of land-use designations

15  and transportation planning. The technical committee shall

16  evaluate the statutory provisions and agency rules relating to

17  land-use and transportation coordination and planning issues,

18  including chapter 339, Florida Statutes, and part II of

19  chapter 163, Florida Statutes, and shall recommend changes to

20  statutes and pertinent agency rules which will facilitate

21  better coordination between land-use planning and

22  transportation planning. Special emphasis must be given in

23  this evaluation to concurrency on the highway system, levels

24  of service methodologies, and impact assessments used to

25  project transportation needs. The technical committee shall

26  consult with the Department of Community Affairs and the

27  Department of Transportation. The technical committee shall

28  consist of 12 members, six of whom must be appointed by the

29  Secretary of Community Affairs and six of whom must be

30  appointed by the Secretary of Transportation. One of the

31  Secretary of Community Affairs' appointees must represent

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  local government, one must represent regional planning

  2  councils, and one must represent the private sector. One of

  3  the Secretary of Transportation's appointees must represent

  4  local government, one must represent metropolitan planning

  5  organizations, and one must represent the private sector. The

  6  Center for Urban Transportation Research shall provide

  7  research and technical assistance to the committee. On or

  8  before December 1, 1998, an evaluation report must be

  9  presented to the Governor, the President of the Senate, and

10  the Speaker of the House of Representatives.

11         Section 13.  Subsections (6), (7), (8), and (9) are

12  added to section 341.053, Florida Statutes, to read:

13         341.053  Intermodal Development Program;

14  administration; eligible projects; limitations.--

15         (6)  The department shall review funding requests from

16  two or more seaports as described in s. 311.09(1) or a

17  combination of two or more of the following: seaports, rail,

18  airports, or other public transportation authorities. The

19  department may fund projects that create intermodal transfer

20  facilities or such intermodal or multimodal transportation

21  terminals as provided in subsection (5).

22         (7)  There is created the Strategic Intermodal

23  Transportation and Economic Development Planning Council

24  within the department to plan for the efficient use of public

25  and private transportation systems and facilities to support

26  Florida's economic development through the intermodal movement

27  of people and freight cargo to and from or between seaports,

28  airports, and other transportation terminals and facilities.

29         (a)  By February 1, 1999, the council must submit to

30  the Governor, the Transportation Commission, and the

31  Legislature a report that at a minimum:

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         1.  Analyzes current and future intermodal

  2  transportation needs, including the assessment of existing

  3  infrastructure to determine key deficiencies of modal

  4  interface, capacity, and over-utilization or under-utilization

  5  of public and private assets.

  6         2.  Identifies appropriate goals, measures of

  7  intermodal system performance, and strategies for growth in

  8  intermodal facilities to support Florida's growth in

  9  international trade and economic development.

10         3.  Identifies methods to improve intergovernmental

11  coordination between local, regional, and state agencies and

12  the private sector to better plan for Florida's economic

13  development through the intermodal movement of people and

14  freight.

15         (b)  By July 1, 1999, the council must submit to the

16  Governor, the Department of Transportation, the Transportation

17  Commission, and the Legislature a report that at a minimum:

18         1.  Identifies intermodal projects of statewide

19  significance and documents the need for the projects as well

20  as their importance, benefits, and conformance with the goals

21  and strategies developed by the council.

22         2.  Identifies local government benefits from

23  intermodal projects of statewide significance through the

24  development of community-based economic development projects.

25         3.  Includes a prioritized needs list of intermodal

26  transportation projects of statewide significance identifying

27  possible public and private funding for at least the first 5

28  years of priority projects.

29         (c)  The council must update the prioritized needs list

30  when necessary as determined by a majority vote of voting

31  committee members, but not less than once every 5 years.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1         (8)  Any projects selected for implementation from the

  2  needs list prepared pursuant to paragraph (7)(b) must be

  3  included in the department's adopted work program developed in

  4  accordance with s. 339.135. In conjunction with its annual

  5  in-depth evaluation, the Transportation Commission must review

  6  the councils needs list and the department's work program and

  7  provide a review and analysis to the Governor and Legislature

  8  as described under s. 339.135. The review and analysis must

  9  include a review of the needs lists and work programs

10  implementation of the council's goals and strategies.

11         (9)  The council shall consist of nine members: the

12  Secretary of Transportation or his or her designee; the

13  Secretary of Community Affairs or his or her designee; two

14  members appointed by the Governor; a member from Enterprise

15  Florida appointed by the Governor; a member from the Florida

16  Seaport Transportation and Economic Development Council

17  appointed by the Governor; a member representing airports

18  appointed by the Governor; a member representing railroads

19  appointed by the Governor; and a member representing the

20  commercial trucking industry appointed by the Governor.

21  Metropolitan Planning Organizations and Regional Planning

22  Councils may be represented as nonvoting members of the

23  council. The department may contract with members of the

24  council or other entities to provide for development of

25  appropriate information required to facilitate the planning

26  process.

27         Section 14.  This act shall take effect upon becoming a

28  law.

29

30

31

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                      Senate Bill CS/SB 1456

  3

  4  Clarifies that a local government in which a port is located
    may satisfy the requirement to identify spoil disposal sites
  5  for dredged material by identifying those sites in the port
    master plan which is incorporated into the local government's
  6  comprehensive plan.

  7  Creates a new exception from the prohibition against amending
    a comprehensive plan more than twice a year for amendments
  8  relating to port transportation facilities and projects
    eligible for funding by the Florida Seaport Transportation and
  9  Economic Development (FSTED) Council.

10  Creates a new exception from the prohibition against amending
    a comprehensive plan if the local government's EAR has not
11  been timely submitted for plan amendments relating to port
    transportation facilities and projects eligible for funding by
12  the Florida Seaport Transportation and Economic Development
    (FSTED) Council.
13
    Clarifies that projects which are or may be funded by FSTED
14  are port transportation facilities or projects, and that those
    projects include the acquisition, improvement, enlargement or
15  extension of existing port facilities to be used for port
    purposes as long as the project is described in or consistent
16  with a port master plan.

17  Declares that FSTED Council projects which are consistent with
    ch. 311, F.S., are presumed to be in the public interest.
18
    Amends chs. 315 and 320, F.S., relating to port facilities
19  financing, to create cross-references clarifying the authority
    of three or more ports to establish a legal entity by
20  interlocal agreement and issue bonds for the purpose of
    financing, planning, designing or constructing port facility
21  projects.

22  Restores duties and responsibilities of M.P.O.s which were
    being deleted in the bill, and deletes new duties and
23  responsibilities which were being added for consistency with
    federal requirements. Further, the CS requires M.P.O.s to
24  consider, among other things, the social and economic effects
    of transportation projects on low income, inner-city
25  neighborhoods; and requires that the goals be developed
    cooperatively between local governments and M.P.O.s in the
26  context of the land use and transportation elements of the
    local comprehensive and M.P.O. plans.
27
    Deletes a section which amended the factors to be considered
28  in preparing and updating the Florida Transportation Plan.

29  Clarifies that an extension of a local government's EAR due
    date may only be granted if it would result in greater
30  coordination between transportation and land use, for the
    purpose of improving Florida's transportation system.
31
    Amends the objectives of the DOT to include enhancing the
                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                    CS for CS for SB 1456
    316-2186-98




  1  state's competitive position in the world economy by improving
    access to the state's major airports, seaports, intermodal
  2  surface transfer facilities, and trucking facilities of
    statewide significance.
  3
    Provides that the DOT must emphasize system connectivity and
  4  intermodal connection in developing and implementing the
    Florida Intrastate Highway System.
  5
    Requires that the DOT, in preparing its 1999-2000 and
  6  2004-2005 work programs, direct additional federal funds to
    enhance the state's competitive position as stated above.
  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  29