House Bill 1437

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    Florida House of Representatives - 1999                HB 1437

        By Representative Sobel






  1                      A bill to be entitled

  2         An act relating to metropolitan planning

  3         organizations; amending s. 339.175, F.S.;

  4         providing an additional method of selecting

  5         voting membership in an M.P.O. under certain

  6         circumstances; providing an effective date.

  7

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

  9

10         Section 1.  Subsection (2) of section 339.175, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         339.175  Metropolitan planning organization.--It is the

13  intent of the Legislature to encourage and promote the

14  development of transportation systems embracing various modes

15  of transportation in a manner that will maximize the mobility

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

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

18  together with applicable regulatory government agencies,

19  transportation-related fuel consumption and air pollution.  To

20  accomplish these objectives, metropolitan planning

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

22  develop, in cooperation with the state, transportation plans

23  and programs for metropolitan areas. Such plans and programs

24  must provide for the development of transportation facilities

25  that will function as an intermodal transportation system for

26  the metropolitan area.  The process for developing such plans

27  and programs shall be continuing, cooperative, and

28  comprehensive, to the degree appropriate, based on the

29  complexity of the transportation problems.

30         (2)  VOTING MEMBERSHIP.--

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    Florida House of Representatives - 1999                HB 1437

    710-105-99






  1         (a)  The voting membership of an M.P.O. shall consist

  2  of not fewer than 5 or more than 19 apportioned members, the

  3  exact number to be determined on an equitable

  4  geographic-population ratio basis by the Governor, based on an

  5  agreement among the affected units of general-purpose local

  6  government as required by federal rules and regulations. The

  7  Governor, in accordance with 23 U.S.C. s. 134, as amended by

  8  the Intermodal Surface Transportation Efficiency Act of 1991,

  9  may also provide for M.P.O. members who represent

10  municipalities to alternate with representatives from other

11  municipalities within the designated urban area that do not

12  have members on the M.P.O. County commission members shall

13  compose not less than one-third of the M.P.O. membership,

14  except for an M.P.O. with more than 15 members located in a

15  county with a five-member county commission or an M.P.O. with

16  19 members located in a county with no more than 6 county

17  commissioners, in which case county commission members may

18  compose less than one-third percent of the M.P.O. membership,

19  but all county commissioners must be members. All voting

20  members shall be elected officials of general-purpose

21  governments, except that an M.P.O. may include, as part of its

22  apportioned voting members, a member of a statutorily

23  authorized planning board or an official of an agency that

24  operates or administers a major mode of transportation.  In

25  metropolitan areas in which authorities or other agencies have

26  been, or may be, created by law to perform transportation

27  functions that are not under the jurisdiction of a

28  general-purpose local government represented on the M.P.O.,

29  they shall be provided voting membership on the M.P.O.  The

30  county commission shall compose not less than 20 percent of

31  the M.P.O. membership if an official of an agency that

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    Florida House of Representatives - 1999                HB 1437

    710-105-99






  1  operates or administers a major mode of transportation has

  2  been appointed to an M.P.O.

  3         (b)  Any other provision of this section to the

  4  contrary notwithstanding, any county chartered under s. 6(e),

  5  Art. VIII of the State Constitution may elect to have its

  6  county commission serve as the M.P.O., if the M.P.O.

  7  jurisdiction is wholly contained within the county.  Any

  8  charter county that elects to exercise the provisions of this

  9  paragraph shall so notify the Governor in writing.  Upon

10  receipt of such notification, the Governor must designate the

11  county commission as the M.P.O.  The Governor must appoint

12  four additional voting members to the M.P.O., one of whom must

13  be an elected official representing a municipality within the

14  county, one of whom must be an expressway authority member,

15  one of whom must be a person who does not hold elected public

16  office and who resides in the unincorporated portion of the

17  county, and one of whom must be a school board member.

18         (c)  An M.P.O. may submit to the Governor for

19  consideration and approval a membership reapportionment plan

20  that is exempted from the requirements of paragraphs (a) and

21  (b) of this subsection. This plan may be approved by the

22  Governor if the M.P.O. demonstrates that such a membership

23  reapportionment plan is needed to fulfill specific goals and

24  policies applicable to that metropolitan planning area.

25  However, membership reapportionment plans, at a minimum, must

26  comply with all federal requirements pertaining to M.P.O.

27  membership.

28         Section 2.  This act shall take effect upon becoming a

29  law.

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    Florida House of Representatives - 1999                HB 1437

    710-105-99






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  2                          HOUSE SUMMARY

  3
      Provides an exemption from current requirements with
  4    respect to the voting membership of an M.P.O. for an
      M.P.O. which submits to the Governor for consideration
  5    and approval a membership reapportionment plan if the
      M.P.O. demonstrates that such a membership
  6    reapportionment plan is needed to fulfill specific goals
      and policies applicable to that metropolitan planning
  7    area. Provides, however, that membership reapportionment
      plans, at a minimum, must comply with all federal
  8    requirements pertaining to M.P.O. membership.

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