Senate Bill 2174c1

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    Florida Senate - 1999                           CS for SB 2174

    By the Committee on Transportation and Senator Hargrett





    306-2046A-99

  1                      A bill to be entitled

  2         An act relating to land use and transportation

  3         planning; amending s. 163.3177, F.S.; providing

  4         for coordination of the capital-improvements

  5         element with Metropolitan Planning

  6         Organizations' long-range transportation plans;

  7         specifying elements of comprehensive plans;

  8         amending s. 186.507, F.S.; requiring regional

  9         planning councils to plan for intermodal

10         facilities; amending s. 206.46, F.S.; providing

11         funding for the Florida Intrastate

12         Transportation System; amending s. 316.0745,

13         F.S.; requiring the Department of

14         Transportation to provide for the use of

15         traffic-calming techniques; amending s.

16         338.001, F.S.; creating the Florida Intrastate

17         Transportation System and Plan; amending s.

18         339.155, F.S.; requiring Regional Planning

19         Councils to address and plan for intermodal

20         facilities and the movement of people and

21         freight in the strategic regional policy plan;

22         amending s. 339.175, F.S.; requiring

23         Metropolitan Planning Organizations' plans to

24         be consistent with those of adjacent

25         Metropolitan Planning Organizations;

26         authorizing Metropolitan Planning Organizations

27         to share data and technical expertise with

28         local governments; making each Regional

29         Planning Council the forum for cooperative

30         decisionmaking for Metropolitan Planning

31         Organizations within its jurisdiction and

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    Florida Senate - 1999                           CS for SB 2174
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  1         responsible for coordinating the Metropolitan

  2         Planning Organizations' long-range plans and

  3         the capital-improvement and transportation

  4         elements of the comprehensive plan of local

  5         governments within its jurisdiction; repealing

  6         s. 341.053, F.S., relating to the intermodal

  7         program; providing an effective date.

  8

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

10

11         Section 1.  Paragraph (c) is added to subsection (3) of

12  section 163.3177, Florida Statutes, 1998 Supplement, and

13  paragraph (a) of subsection (4) and paragraph (j) of

14  subsection (6) of that section are amended, to read:

15         163.3177  Required and optional elements of

16  comprehensive plan; studies and surveys.--

17         (3)

18         (c)  The capital improvements element must be

19  coordinated and developed with the appropriate Metropolitan

20  Planning Organization's long-range transportation plan.

21         (4)(a)  Coordination of the local comprehensive plan

22  with the comprehensive plans of adjacent municipalities, the

23  county, adjacent counties, or the region; with adopted rules

24  pertaining to designated areas of critical state concern; and

25  with the state comprehensive plan shall be a major objective

26  of the local comprehensive planning process.  To that end, in

27  the preparation of a comprehensive plan or element thereof,

28  and in the comprehensive plan or element as adopted, the

29  governing body shall include a specific policy statement

30  indicating the relationship of the proposed development of the

31  area to the comprehensive plans of adjacent municipalities,

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    Florida Senate - 1999                           CS for SB 2174
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  1  the county, adjacent counties, or the region, to the

  2  appropriate Metropolitan Planning Organization's long-range

  3  transportation plan, and to the state comprehensive plan, as

  4  the case may require and as such adopted plans or plans in

  5  preparation may exist.

  6         (6)  In addition to the requirements of subsections

  7  (1)-(5), the comprehensive plan shall include the following

  8  elements:

  9         (j)  For each unit of local government within an

10  urbanized area designated for purposes of s. 339.175, a

11  transportation element, which shall be prepared and adopted in

12  lieu of the requirements of paragraph (b) and paragraphs

13  (7)(a), (b), (c), and (d) and which shall address the

14  following issues:

15         1.  Traffic circulation, including major thoroughfares

16  and other routes, including bicycle and pedestrian ways.

17         2.  All alternative modes of travel, such as public

18  transportation, pedestrian, and bicycle travel.

19         3.  Parking facilities.

20         4.  Aviation, rail, seaport facilities, access to those

21  facilities, and intermodal terminals.

22         5.  The availability of facilities and services to

23  serve existing land uses and the compatibility between future

24  land use and transportation elements.

25         6.  The capability to evacuate the coastal population

26  prior to an impending natural disaster.

27         7.  Airports, projected airport and aviation

28  development, and land use compatibility around airports.

29         8.  An identification of land use densities, building

30  intensities, and transportation management programs to promote

31  public transportation systems in designated public

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    Florida Senate - 1999                           CS for SB 2174
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  1  transportation corridors so as to encourage population

  2  densities sufficient to support such systems.

  3         9.  May include transportation corridors, as defined in

  4  s. 334.03, or as identified in a Metropolitan Planning

  5  Organization's long-range transportation plan intended for

  6  future transportation facilities designated pursuant to s.

  7  337.273. If transportation corridors are designated, the local

  8  government may adopt a transportation corridor management

  9  ordinance.

10         Section 2.  Subsection (12) of section 186.507, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         186.507  Strategic regional policy plans.--

13         (12)  In addressing regional transportation, the

14  council shall address and plan for intermodal facilities for

15  the movement of people and freight within and through the

16  region and plan for access to and connections between those

17  facilities, and may recommend minimum density guidelines for

18  development along designated public transportation corridors

19  and identify investment strategies for providing

20  transportation infrastructure where growth is desired, rather

21  than focusing primarily on relieving congestion in areas where

22  growth is discouraged.

23         Section 3.  Present subsections (4) and (5) of section

24  206.46, Florida Statutes, are renumbered as subsections (5)

25  and (6), respectively, and a new subsection (4) is added to

26  the section to read:

27         206.46  State Transportation Trust Fund.--

28         (4)  For Fiscal Year 2000-2001, a minimum of 55 percent

29  of the total surface transportation capacity revenues

30  deposited into the State Transportation Trust Fund must be

31  committed annually by the department to fund the Florida

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    Florida Senate - 1999                           CS for SB 2174
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  1  Intrastate Transportation System. The percentage so committed

  2  shall increase to 60 percent for Fiscal Year 2001-2002 and

  3  Fiscal Year 2002-2003 and to 70 percent for Fiscal Year

  4  2003-2004 and for each year thereafter.

  5         Section 4.  Paragraph (c) is added to subsection (2) of

  6  section 316.0745, Florida Statutes, to read:

  7         316.0745  Uniform signals and devices.--

  8         (2)

  9         (c)  The manual must provide for the use of

10  traffic-calming techniques, such as roundabouts, raised

11  sidewalks, and narrower road alignments.

12         Section 5.  Section 338.001, Florida Statutes, is

13  amended to read:

14         338.001  Florida Intrastate Transportation Highway

15  System Plan.--

16         (1)  In recognition of the department's role in the

17  economic development of this state, the department shall plan

18  and develop a proposed Florida Intrastate Transportation

19  System Plan to connect Florida's airports, deepwater seaports,

20  rail systems serving both passenger and freight, and major

21  intermodal connectors to the Florida Intrastate Highway System

22  facilities as the primary system for the movement of people

23  and freight in this state in order to make the Florida

24  Intrastate Transportation System a fully integrated and

25  interconnected system.

26         (2)  The Florida Intrastate Transportation System Plan

27  must:

28         (a)  Define and assess the state's freight intermodal

29  network, including airports, seaports, rail lines and

30  terminals, and connecting highways.

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    Florida Senate - 1999                           CS for SB 2174
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  1         (b)  Prioritize statewide infrastructure investments,

  2  including the acceleration of current projects, which are

  3  found by the Freight Stakeholders Task Force to be priority

  4  projects for the efficient movement of people and freight.

  5         (c)  Be developed in a manner that will assure maximum

  6  use of existing facilities and optimum integration and

  7  coordination of the various modes of transportation, including

  8  both governmentally owned and privately owned resources, in

  9  the most cost-effective manner possible.

10         (3)  The Florida Intrastate Transportation System will

11  be funded as provided in s. 206.46(4).

12         (4)(1)  As a subpart of the Florida Intrastate

13  Transportation System Plan, the department shall plan and

14  develop a proposed Florida Intrastate Highway System Plan

15  which shall delineate a statewide system of limited access

16  facilities and controlled access facilities. The plan shall

17  provide a statewide transportation network that allows for

18  high-speed and high-volume traffic movements within the state.

19  The primary function of the system is to provide such traffic

20  movements.  Access to abutting land is subordinate to this

21  function, and such access must be prohibited or highly

22  regulated.  The plan shall be consistent with the goals of the

23  Florida Transportation Plan developed pursuant to s. 339.155.

24         (a)(2)  This system shall consist of the following

25  components of the State Highway System:

26         1.(a)  Interstate highways.

27         2.(b)  The Florida Turnpike System.

28         3.(c)  Interregional and intercity limited access

29  facilities.

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    Florida Senate - 1999                           CS for SB 2174
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  1         4.(d)  Existing interregional and intercity arterial

  2  highways previously upgraded or upgraded in the future to

  3  controlled access facility standards.

  4         (5)(e)  New limited access facilities necessary to

  5  complete a balanced statewide system.

  6         (b)(3)  The department shall adhere to the following

  7  policy guidelines in the development of the proposed Florida

  8  Intrastate Highway System Plan plan:

  9         1.(a)  Make capacity improvements to existing

10  facilities where feasible to minimize costs and environmental

11  impacts.

12         2.(b)  Identify appropriate arterial highways in major

13  transportation corridors for inclusion in a program to bring

14  these facilities up to controlled access facility standards.

15         3.(c)  Coordinate proposed system projects with

16  appropriate limited access projects undertaken by expressway

17  authorities and local governmental entities.

18         4.(d)  Maximize the use of limited access facility

19  standards when constructing new arterial highways.

20         5.(e)  Identify appropriate new limited access highways

21  for inclusion as a part of the Florida Turnpike System.

22         6.(f)  To the maximum extent feasible, ensure that

23  proposed system projects are consistent with approved local

24  government comprehensive plans of the local jurisdictions in

25  which such facilities are to be located and with the

26  transportation improvement program of any metropolitan

27  planning organization in which such facilities are to be

28  located.

29         (c)(4)  Projects in the proposed plan are anticipated

30  to be let to contract for construction within a time period of

31  20 years. The plan shall also identify when segments of the

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    Florida Senate - 1999                           CS for SB 2174
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  1  system will meet the standards and criteria developed pursuant

  2  to paragraph (d) subsection (5).

  3         (d)(5)  The department shall establish the standards

  4  and criteria for the functional characteristics and design of

  5  facilities proposed as part of the Florida Intrastate

  6  Transportation Highway System.

  7         (6)  For the purposes of developing the proposed plan,

  8  beginning in fiscal year 1993-1994 and for each fiscal year

  9  thereafter, the minimum amount allocated shall be based on the

10  fiscal year 1992-1993 allocation of $151.3 million adjusted

11  annually by the change in the Consumer Price Index for the

12  prior fiscal year compared to the Consumer Price Index for

13  fiscal year 1991-1992.  No amounts from the funds dedicated to

14  the Florida Intrastate Highway System shall be allocated to

15  turnpike projects after the 1993-1994 fiscal year.

16         (e)(7)  Any project to be constructed as part of the

17  Florida Intrastate Transportation Highway System shall be

18  included in the department's adopted work program. Any Florida

19  Intrastate Transportation Highway System projects that are

20  added to or deleted from the previous adopted work program, or

21  any modification to Florida Intrastate Transportation Highway

22  System projects contained in the previous adopted work

23  program, shall be specifically identified and submitted as a

24  separate part of the tentative work program.

25         (f)(8)  A status report on the Florida Intrastate

26  Transportation Highway System Plan shall be annually submitted

27  to the legislative transportation committees no later than 14

28  days after the regular legislative session convenes.

29         Section 6.  Paragraph (b) of subsection (5) of section

30  339.155, Florida Statutes, are amended to read:

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    Florida Senate - 1999                           CS for SB 2174
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  1         339.155  Transportation planning.--The department shall

  2  develop and annually update a statewide transportation plan,

  3  to be known as the Florida Transportation Plan.  The plan

  4  shall be designed so as to be easily read and understood by

  5  the general public.

  6         (5)  ADDITIONAL TRANSPORTATION PLANS.--

  7         (b)  Each regional planning council, as provided for in

  8  s. 186.504, or any successor agency thereto, shall develop, as

  9  an element of its strategic regional policy plan,

10  transportation goals and policies.  The transportation goals

11  and policies shall be consistent, to the maximum extent

12  feasible, with the goals and policies of the metropolitan

13  planning organization and the Florida Transportation Plan.

14  Each council shall address and plan for intermodal facilities

15  for the movement of people and freight within and through the

16  region and plan for access to and connections between those

17  facilities. The transportation goals and policies of the

18  regional planning council will be advisory only and shall be

19  submitted to the department and any affected metropolitan

20  planning organization for their consideration and comments.

21  Metropolitan planning organization plans and other local

22  transportation plans shall be developed consistent, to the

23  maximum extent feasible, with the regional transportation

24  goals and policies.  The regional planning council shall

25  review urbanized area transportation plans and any other

26  planning products stipulated in s. 339.175 and provide the

27  department and respective metropolitan planning organizations

28  with written recommendations which the department and the

29  metropolitan planning organizations shall take under

30  advisement.  Further, the regional planning councils shall

31  directly assist local governments which are not part of a

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    Florida Senate - 1999                           CS for SB 2174
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  1  metropolitan area transportation planning process in the

  2  development of the transportation element of their

  3  comprehensive plans as required by s. 163.3177.

  4         Section 7.  Subsections (4) and (6) of section 339.175,

  5  Florida Statutes, 1998 Supplement, are amended to read:

  6         339.175  Metropolitan planning organization.--It is the

  7  intent of the Legislature to encourage and promote the

  8  development of transportation systems embracing various modes

  9  of transportation in a manner that will maximize the mobility

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

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

12  together with applicable regulatory government agencies,

13  transportation-related fuel consumption and air pollution.  To

14  accomplish these objectives, metropolitan planning

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

16  develop, in cooperation with the state, transportation plans

17  and programs for metropolitan areas. Such plans and programs

18  must provide for the development of transportation facilities

19  that will function as an intermodal transportation system for

20  the metropolitan area.  The process for developing such plans

21  and programs shall be continuing, cooperative, and

22  comprehensive, to the degree appropriate, based on the

23  complexity of the transportation problems.

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

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

26  cooperative, and comprehensive transportation planning process

27  that results in the development of plans and programs which

28  are consistent, to the maximum extent feasible, with those of

29  adjacent M.P.O.'s and with the approved local government

30  comprehensive plans of the units of local government the

31  boundaries of which are within the metropolitan area of the

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    Florida Senate - 1999                           CS for SB 2174
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  1  M.P.O. An M.P.O. shall provide local governments with

  2  technical assistance in modeling alternative development

  3  scenarios, and allow local governments in the M.P.O.'s

  4  jurisdiction the opportunity to review and approve data sets

  5  used by the M.P.O. prior to the M.P.O.'s submission of

  6  long-range transportation plan updates.  An M.P.O. shall be

  7  the forum for cooperative decisionmaking by officials of the

  8  affected governmental entities in the development of the plans

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

10  Regional Planning Councils shall serve as the forum for

11  cooperative decisionmaking for M.P.O.'s within the Regional

12  Planning Council's jurisdiction and shall be responsible for

13  coordinating the plans required under subsection (6) for the

14  M.P.O.'s and the capital-improvement and transportation

15  elements of the comprehensive plan of local governments within

16  its jurisdiction.

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

18  long-range transportation plan that addresses at least a

19  20-year planning horizon. The plan must include both

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

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

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

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

24  the approved local government comprehensive plans of the units

25  of local government located within the jurisdiction of the

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

27  local governments in the development of the transportation

28  elements in local government comprehensive plans and any

29  amendments thereto. The long-range plan must be consistent

30  with the plans of adjacent M.P.O.'s. Regional Planning

31  Councils are responsible for coordinating long-range plans of

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    Florida Senate - 1999                           CS for SB 2174
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  1  M.P.O.'s, and the capital-improvement and transportation

  2  elements of the comprehensive plan of local governments within

  3  its jurisdiction. The long-range plan must, at a minimum:

  4         (a)  Identify transportation facilities, including, but

  5  not limited to, major roadways, airports, seaports, commuter

  6  rail systems, transit systems, and intermodal or multimodal

  7  terminals that will function as an integrated metropolitan

  8  transportation system.  The long-range plan must give emphasis

  9  to those transportation facilities that serve national,

10  statewide, or regional functions, and must consider the goals

11  and objectives identified in the Florida Transportation Plan

12  as provided in s. 339.155.

13         (b)  Include a financial plan that demonstrates how the

14  plan can be implemented, indicating resources from public and

15  private sources which are reasonably expected to be available

16  to carry out the plan, and recommends innovative financing

17  techniques that may be used to fund needed projects and

18  programs.  Such techniques may include the assessment of

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

20  congestion pricing.

21         (c)  Assess capital investment and other measures

22  necessary to:

23         1.  Ensure the preservation of the existing

24  metropolitan transportation system including requirements for

25  the operation, resurfacing, restoration, and rehabilitation of

26  major roadways and requirements for the operation,

27  maintenance, modernization, and rehabilitation of public

28  transportation facilities; and

29         2.  Make the most efficient use of existing

30  transportation facilities to relieve vehicular congestion and

31  maximize the mobility of people and goods.

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    Florida Senate - 1999                           CS for SB 2174
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  1         (d)  Indicate, as appropriate, proposed transportation

  2  enhancement activities, including, but not limited to,

  3  pedestrian and bicycle facilities, scenic easements,

  4  landscaping, historic preservation, mitigation of water

  5  pollution due to highway runoff, and control of outdoor

  6  advertising.

  7         (e)  In addition to the requirements of paragraphs

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

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

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

11  the State Implementation Plan developed pursuant to the

12  requirements of the federal Clean Air Act.

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

15  provide affected public agencies, representatives of

16  transportation agency employees, private providers of

17  transportation, other interested parties, and members of the

18  general public with a reasonable opportunity to comment on the

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

20  M.P.O.

21         Section 8.  Section 341.053, Florida Statutes, is

22  repealed.

23         Section 9.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 1999                           CS for SB 2174
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2174

  3

  4  The CS deletes the provision of the bill requiring local
    governments to develop access management measures, and the
  5  provision which required local government comprehensive plans
    be consistent with metropolitan planning organizations
  6  long-range transportation plan. The CS further provides for a
    gradual increase in the percentage of the total surface
  7  transportation capacity revenues transferred from the State
    Transportation Trust Fund to fund the Florida Intrastate
  8  Transportation System.

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