Senate Bill 2256

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    Florida Senate - 1999                                  SB 2256

    By Senator Forman





    32-854-99

  1                      A bill to be entitled

  2         An act relating to metropolitan planning

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

  4         allowing the Governor to exempt a membership

  5         apportionment plan from certain provisions of

  6         that section; providing conditions to such an

  7         exemption; providing an effective date.

  8

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

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

12  Statutes, 1998 Supplement, is amended to read:

13         339.175  Metropolitan planning organization.--It is the

14  intent of the Legislature to encourage and promote the

15  development of transportation systems embracing various modes

16  of transportation in a manner that will maximize the mobility

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

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

19  together with applicable regulatory government agencies,

20  transportation-related fuel consumption and air pollution.  To

21  accomplish these objectives, metropolitan planning

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

23  develop, in cooperation with the state, transportation plans

24  and programs for metropolitan areas. Such plans and programs

25  must provide for the development of transportation facilities

26  that will function as an intermodal transportation system for

27  the metropolitan area.  The process for developing such plans

28  and programs shall be continuing, cooperative, and

29  comprehensive, to the degree appropriate, based on the

30  complexity of the transportation problems.

31         (2)  VOTING MEMBERSHIP.--

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    Florida Senate - 1999                                  SB 2256
    32-854-99




  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 Senate - 1999                                  SB 2256
    32-854-99




  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 does not comply with paragraphs (a) and (b). The Governor

21  may exempt the plan from the requirements of those paragraphs

22  if the M.P.O. has demonstrated that such a membership

23  reapportionment plan is needed to fulfill specific goals and

24  policies that apply to that metropolitan planning area.

25  However, membership reapportionment plans must comply, at a

26  minimum, 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 Senate - 1999                                  SB 2256
    32-854-99




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  2                          SENATE SUMMARY

  3    Allows the Governor to exempt a membership
      reapportionment plan for a metropolitan planning
  4    organization from the requirements of s. 339.175(2)(a)
      and (b) if the plan fulfills specific goals and policies
  5    applicable to that M.P.O. and complies with all
      applicable federal requirements.
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