Senate Bill 0774c1

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    Florida Senate - 2000                            CS for SB 774

    By the Committee on Transportation and Senator Webster





    306-2048-00

  1                      A bill to be entitled

  2         An act relating to transportation; amending ss.

  3         334.035, 334.046, F.S.; providing prevailing

  4         principles for planning and developing

  5         transportation systems; amending s. 339.155,

  6         F.S.; providing prevailing principles; deleting

  7         certain planning factors; amending s. 339.175,

  8         F.S.; providing prevailing principles for

  9         planning and developing transportation systems

10         for metropolitan planning organizations;

11         deleting certain planning factors; providing an

12         effective date.

13

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

15

16         Section 1.  Section 334.035, Florida Statutes, is

17  amended to read:

18         334.035  Purpose of transportation code.--The purpose

19  of the Florida Transportation Code is to establish the

20  responsibilities of the state, the counties, and the

21  municipalities in the planning and development of the

22  transportation systems serving the people of the state and to

23  assure the development of an integrated, balanced statewide

24  transportation system. The prevailing principles to be

25  considered in planning and developing these transportation

26  systems are: preserving the existing transportation

27  infrastructure; enhancing Florida's economic competitiveness;

28  and improving travel choices to ensure mobility which enhances

29  economic development through promotion of international trade

30  and interstate and intrastate commerce. This code is necessary

31  for the protection of the public safety and general welfare

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  1  and for the preservation of all transportation facilities in

  2  the state.  The chapters in the code shall be considered

  3  components of the total code, and the provisions therein,

  4  unless expressly limited in scope, shall apply to all

  5  chapters.

  6         Section 2.  Section 334.046, Florida Statutes, is

  7  amended to read:

  8         334.046  Department mission, goals, and objectives.--

  9         (1)  The prevailing principles to be considered in

10  planning and developing an integrated, balanced statewide

11  transportation system are: preserving the existing

12  transportation infrastructure; enhancing Florida's economic

13  competitiveness; and improving travel choices to ensure

14  mobility.

15         (2)(1)  The mission of the Department of Transportation

16  shall be to provide a safe, interconnected statewide

17  transportation system for Florida's citizens and visitors that

18  ensures the mobility of people and goods freight, enhances

19  while enhancing economic prosperity, and preserves and

20  sustaining the quality of our environment and communities.

21         (3)(2)  The department shall document in the Florida

22  Transportation Plan, in accordance with s. 339.155 and based

23  upon the prevailing principles of preserving the existing

24  transportation infrastructure, enhancing Florida's economic

25  competitiveness, and improving travel choices to ensure

26  mobility, pursuant to s. 339.155 the goals and objectives that

27  which provide statewide policy guidance for accomplishing the

28  department's mission.

29         (4)(3)  At a minimum, the department's goals shall

30  address the following prevailing principles.:

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    Florida Senate - 2000                            CS for SB 774
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  1         (a)  Preservation.--Protecting the state's

  2  transportation infrastructure investment. Preservation

  3  includes:

  4         1.  Ensuring that 80 percent of the pavement on the

  5  State Highway System meets department standards;

  6         2.  Ensuring that 90 percent of department-maintained

  7  bridges meet department standards; and

  8         3.  Ensuring that the department achieves 100 percent

  9  of the acceptable maintenance standard on the state highway

10  system.

11         (b)  Economic Competitiveness.--Ensuring that the state

12  has a clear understanding of the economic consequences of

13  transportation investments, and how such investments affect

14  the state's economic competitiveness. The department must

15  develop a macroeconomic analysis of the linkages between

16  transportation investment and economic performance, as well as

17  a method to quantifiably measure the economic benefits of the

18  district-work-program investments. Such an analysis must

19  analyze:

20         1.  The state's and district's economic performance

21  relative to the competition.

22         2.  The business environment as viewed from the

23  perspective of companies evaluating the state as a place in

24  which to do business.

25         3.  The state's capacity to sustain long-term growth.

26         (c)  Mobility--Ensuring a cost-effective, statewide,

27  interconnected transportation system.

28         (a)  Providing a safe transportation system for

29  residents, visitors, and commerce.

30         (b)  Preservation of the transportation system.

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  1         (c)  Providing an interconnected transportation system

  2  to support Florida's economy.

  3         (d)  Providing travel choices to support Florida's

  4  communities.

  5         Section 3.  Section 339.155, Florida Statutes, is

  6  amended to read:

  7         339.155  Transportation planning.--

  8         (1)  THE FLORIDA TRANSPORTATION PLAN.--The department

  9  shall develop and annually update a statewide transportation

10  plan, to be known as the Florida Transportation Plan. The plan

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

12  the general public. The purpose of the Florida Transportation

13  Plan is to establish and define the state's long-range

14  transportation goals and objectives to be accomplished over a

15  period of at least 20 years within the context of the State

16  Comprehensive Plan, and any other statutory mandates and

17  authorizations and based upon the prevailing principles of:

18  preserving the existing transportation infrastructure;

19  enhancing Florida's economic competitiveness; and improving

20  travel choices to ensure mobility. The Florida Transportation

21  Plan shall consider the needs of the entire state

22  transportation system and examine the use of all modes of

23  transportation to effectively and efficiently meet such needs.

24         (2)  SCOPE OF PLANNING PROCESS.--

25         (a)  The department shall carry out a transportation

26  planning process in conformance with s. 334.046(1) which that

27  provides for consideration of projects and strategies that

28  will:

29         (a)1.  Support the economic vitality of the United

30  States, Florida, and the metropolitan areas, especially by

31  enabling global competitiveness, productivity, and efficiency;

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  1         (b)2.  Increase the safety and security of the

  2  transportation system for motorized and nonmotorized users;

  3         (c)3.  Increase the accessibility and mobility options

  4  available to people and for freight;

  5         (d)4.  Protect and enhance the environment, promote

  6  energy conservation, and improve quality of life;

  7         (e)5.  Enhance the integration and connectivity of the

  8  transportation system, across and between modes throughout

  9  Florida, for people and freight;

10         (f)6.  Promote efficient system management and

11  operation; and

12         (g)7.  Emphasize the preservation of the existing

13  transportation system.

14         (b)  Additionally, the department shall consider:

15         1.  With respect to nonmetropolitan areas, the concerns

16  of local elected officials representing units of general

17  purpose local government;

18         2.  The concerns of Indian tribal governments and

19  federal land management agencies that have jurisdiction over

20  land within the boundaries of Florida; and

21         3.  Coordination of transportation plans, programs, and

22  planning activities with related planning activities being

23  carried out outside of metropolitan planning areas.

24         (c)  The results of the management systems required

25  pursuant to federal laws and regulations.

26         (d)  Any federal, state, or local energy use goals,

27  objectives, programs, or requirements.

28         (e)  Strategies for incorporating bicycle

29  transportation facilities and pedestrian walkways in projects

30  where appropriate throughout the state.

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  1         (f)  International border crossings and access to

  2  ports, airports, spaceports, intermodal transportation

  3  facilities, major freight distribution routes, national parks,

  4  recreation and scenic areas, monuments and historic sites, and

  5  military installations.

  6         (g)  The transportation needs of nonmetropolitan areas

  7  through a process that includes consultation with local

  8  elected officials with jurisdiction over transportation.

  9         (h)  Consistency of the plan, to the maximum extent

10  feasible, with strategic regional policy plans, metropolitan

11  planning organization plans, and approved local government

12  comprehensive plans so as to contribute to the management of

13  orderly and coordinated community development.

14         (i)  Connectivity between metropolitan areas within the

15  state and with metropolitan areas in other states.

16         (j)  Recreational travel and tourism.

17         (k)  Any state plan developed pursuant to the Federal

18  Water Pollution Control Act.

19         (l)  Transportation system management and investment

20  strategies designed to make the most efficient use of existing

21  transportation facilities.

22         (m)  The total social, economic, energy, and

23  environmental effects of transportation decisions on the

24  community and region.

25         (n)  Methods to manage traffic congestion and to

26  prevent traffic congestion from developing in areas where it

27  does not yet occur, including methods which reduce motor

28  vehicle travel, particularly single-occupant vehicle travel.

29         (o)  Methods to expand and enhance transit services and

30  to increase the use of such services.

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    Florida Senate - 2000                            CS for SB 774
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  1         (p)  The effect of transportation decisions on land use

  2  and land development, including the need for consistency

  3  between transportation decisionmaking and the provisions of

  4  all applicable short-range and long-range land use and

  5  development plans.

  6         (q)  Where appropriate, the use of innovative

  7  mechanisms for financing projects, including value capture

  8  pricing, tolls, and congestion pricing.

  9         (r)  Preservation and management of rights-of-way for

10  construction of future transportation projects, including

11  identification of unused rights-of-way which may be needed for

12  future transportation corridors, and identification of those

13  corridors for which action is most needed to prevent

14  destruction or loss.

15         (s)  Future, as well as existing, needs of the state

16  transportation system.

17         (t)  Methods to enhance the efficient movement of

18  commercial motor vehicles.

19         (u)  The use of life-cycle costs in the design and

20  engineering of bridges, tunnels, or pavement.

21         (v)  Investment strategies to improve adjoining state

22  and local roads that support rural economic growth and tourism

23  development, federal agency renewable resources management,

24  and multipurpose land management practices, including

25  recreation development.

26         (w)  The concerns of Indian tribal governments having

27  jurisdiction over lands within the boundaries of the state.

28         (x)  A seaport or airport master plan, which has been

29  incorporated into an approved local government comprehensive

30  plan, and the linkage of transportation modes described in

31  such plan which are needed to provide for the movement of

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  1  goods and passengers between the seaport or airport and the

  2  other transportation facilities.

  3         (y)  The spaceport master plan approved by the

  4  Spaceport Florida Authority.

  5         (z)  The joint use of transportation corridors and

  6  major transportation facilities for alternate transportation

  7  and community uses.

  8         (aa)  The integration of any proposed system into all

  9  other types of transportation facilities in the community.

10         (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

11  Transportation Plan shall be a unified, concise planning

12  document that clearly defines the state's long-range

13  transportation goals and objectives and documents the

14  department's short-range objectives developed to further such

15  goals and objectives. The plan shall include a glossary that

16  clearly and succinctly defines any and all phrases, words, or

17  terms of art included in the plan, with which the general

18  public may be unfamiliar and shall consist of, at a minimum,

19  the following components:

20         (a)  A long-range component documenting the goals and

21  long-term objectives necessary to implement the results of the

22  department's findings from its examination of the criteria

23  listed in subsection (2) and s. 334.046(1).  The long-range

24  component must be developed in cooperation with the

25  metropolitan planning organizations and reconciled, to the

26  maximum extent feasible, with the long-range plans developed

27  by metropolitan planning organizations pursuant to s. 339.175.

28  The plan must also be developed in consultation with affected

29  local officials in nonmetropolitan areas and with any affected

30  Indian tribal governments. The plan must provide an

31  examination of transportation issues likely to arise during at

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  1  least a 20-year period. The long-range component shall be

  2  updated at least once every 5 years, or more often as

  3  necessary, to reflect substantive changes to federal or state

  4  law.

  5         (b)  A short-range component documenting the short-term

  6  objectives and strategies necessary to implement the goals and

  7  long-term objectives contained in the long-range component.

  8  The short-range component must define the relationship between

  9  the long-range goals and the short-range objectives, specify

10  those objectives against which the department's achievement of

11  such goals will be measured, and identify transportation

12  strategies necessary to efficiently achieve the goals and

13  objectives in the plan. It must provide a policy framework

14  within which the department's legislative budget request, the

15  strategic information resource management plan, and the work

16  program are developed. The short-range component shall serve

17  as the department's annual agency strategic plan pursuant to

18  s. 186.021. The short-range component shall be developed

19  consistent with the requirements of s. 186.022 and consistent

20  with available and forecasted state and federal funds. In

21  addition to those entities listed in s. 186.022, the

22  short-range component shall also be submitted to the Florida

23  Transportation Commission.

24         (4)  ANNUAL PERFORMANCE REPORT.--The department shall

25  develop an annual performance report evaluating the operation

26  of the department for the preceding fiscal year.  The report,

27  which shall meet the requirements of s. 186.022, shall also

28  include a summary of the financial operations of the

29  department and shall annually evaluate how well the adopted

30  work program meets the short-term objectives contained in the

31  short-range component of the Florida Transportation Plan.  In

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  1  addition to the entities listed in s. 186.022, this

  2  performance report shall also be submitted to the Florida

  3  Transportation Commission and the legislative appropriations

  4  and transportation committees.

  5         (5)  ADDITIONAL TRANSPORTATION PLANS.--

  6         (a)  Upon request by local governmental entities, the

  7  department may in its discretion develop and design

  8  transportation corridors, arterial and collector streets,

  9  vehicular parking areas, and other support facilities which

10  are consistent with the plans of the department for major

11  transportation facilities.  The department may render to local

12  governmental entities or their planning agencies such

13  technical assistance and services as are necessary so that

14  local plans and facilities are coordinated with the plans and

15  facilities of the department.

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

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

18  an element of its strategic regional policy plan,

19  transportation goals and policies. The transportation goals

20  and policies must be prioritized to comply with the prevailing

21  principles provided in subsection (2) and s. 334.046(1). The

22  transportation goals and policies shall be consistent, to the

23  maximum extent feasible, with the goals and policies of the

24  metropolitan planning organization and the Florida

25  Transportation Plan.  The transportation goals and policies of

26  the regional planning council will be advisory only and shall

27  be submitted to the department and any affected metropolitan

28  planning organization for their consideration and comments.

29  Metropolitan planning organization plans and other local

30  transportation plans shall be developed consistent, to the

31  maximum extent feasible, with the regional transportation

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  1  goals and policies.  The regional planning council shall

  2  review urbanized area transportation plans and any other

  3  planning products stipulated in s. 339.175 and provide the

  4  department and respective metropolitan planning organizations

  5  with written recommendations which the department and the

  6  metropolitan planning organizations shall take under

  7  advisement.  Further, the regional planning councils shall

  8  directly assist local governments which are not part of a

  9  metropolitan area transportation planning process in the

10  development of the transportation element of their

11  comprehensive plans as required by s. 163.3177.

12         (6)  PROCEDURES FOR PUBLIC PARTICIPATION IN

13  TRANSPORTATION PLANNING.--

14         (a)  During the development of the long-range component

15  of the Florida Transportation Plan and prior to substantive

16  revisions, the department shall provide citizens, affected

17  public agencies, representatives of transportation agency

18  employees, other affected employee representatives, private

19  providers of transportation, and other known interested

20  parties with an opportunity to comment on the proposed plan or

21  revisions. These opportunities shall include, at a minimum,

22  publishing a notice in the Florida Administrative Weekly and

23  within a newspaper of general circulation within the area of

24  each department district office.

25         (b)  During development of major transportation

26  improvements, such as those increasing the capacity of a

27  facility through the addition of new lanes or providing new

28  access to a limited or controlled access facility or

29  construction of a facility in a new location, the department

30  shall hold one or more hearings prior to the selection of the

31  facility to be provided; prior to the selection of the site or

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  1  corridor of the proposed facility; and prior to the selection

  2  of and commitment to a specific design proposal for the

  3  proposed facility. Such public hearings shall be conducted so

  4  as to provide an opportunity for effective participation by

  5  interested persons in the process of transportation planning

  6  and site and route selection and in the specific location and

  7  design of transportation facilities. The various factors

  8  involved in the decision or decisions and any alternative

  9  proposals shall be clearly presented so that the persons

10  attending the hearing may present their views relating to the

11  decision or decisions which will be made.

12         (c)  Opportunity for design hearings:

13         1.  The department, prior to holding a design hearing,

14  shall duly notice all affected property owners of record, as

15  recorded in the property appraiser's office, by mail at least

16  20 days prior to the date set for the hearing.  The affected

17  property owners shall be:

18         a.  Those whose property lies in whole or in part

19  within 300 feet on either side of the centerline of the

20  proposed facility.

21         b.  Those who the department determines will be

22  substantially affected environmentally, economically,

23  socially, or safetywise.

24         2.  For each subsequent hearing, the department shall

25  daily publish notice at least 14 days immediately prior to the

26  hearing date in a newspaper of general circulation for the

27  area affected.

28         3.  A copy of the notice of opportunity for the hearing

29  shall be furnished to the United States Department of

30  Transportation and to the appropriate departments of the state

31  government at the time of publication.

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  1         4.  The opportunity for another hearing shall be

  2  afforded in any case when proposed locations or designs are so

  3  changed from those presented in the notices specified above or

  4  at a hearing as to have a substantially different social,

  5  economic, or environmental effect.

  6         5.  The opportunity for a hearing shall be afforded in

  7  each case in which the department is in doubt as to whether a

  8  hearing is required.

  9         Section 4.  Section 339.175, Florida Statutes, is

10  amended to read:

11         339.175  Metropolitan planning organization.--It is the

12  intent of the Legislature to encourage and promote the safe

13  and efficient management, operation, and development of

14  surface transportation systems that will serve the mobility

15  needs of people and freight within and through urbanized areas

16  of this state while minimizing transportation-related fuel

17  consumption and air pollution. To accomplish these objectives,

18  metropolitan planning organizations, referred to in this

19  section as M.P.O.'s, shall develop, in cooperation with the

20  state and public transit operators, transportation plans and

21  programs for metropolitan areas. The plans and programs for

22  each metropolitan area must provide for the development and

23  integrated management and operation of transportation systems

24  and facilities, including pedestrian walkways and bicycle

25  transportation facilities that will function as an intermodal

26  transportation system for the metropolitan area, based upon

27  the prevailing principles provided in s. 334.046(1).  The

28  process for developing such plans and programs shall provide

29  for consideration of all modes of transportation and shall be

30  continuing, cooperative, and comprehensive, to the degree

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  1  appropriate, based on the complexity of the transportation

  2  problems to be addressed.

  3         (1)  DESIGNATION.--

  4         (a)1.  An M.P.O. shall be designated for each urbanized

  5  area of the state.  Such designation shall be accomplished by

  6  agreement between the Governor and units of general-purpose

  7  local government representing at least 75 percent of the

  8  population of the urbanized area; however, the unit of

  9  general-purpose local government that represents the central

10  city or cities within the M.P.O. jurisdiction, as defined by

11  the United States Bureau of the Census, must be a party to

12  such agreement.

13         2.  More than one M.P.O. may be designated within an

14  existing metropolitan planning area only if the Governor and

15  the existing M.P.O. determine that the size and complexity of

16  the existing metropolitan planning area makes the designation

17  of more than one M.P.O. for the area appropriate.

18         (b)  Each M.P.O. shall be created and operated under

19  the provisions of this section pursuant to an interlocal

20  agreement entered into pursuant to s. 163.01.  The signatories

21  to the interlocal agreement shall be the department and the

22  governmental entities designated by the Governor for

23  membership on the M.P.O. If there is a conflict between this

24  section and s. 163.01, this section prevails.

25         (c)  The jurisdictional boundaries of an M.P.O. shall

26  be determined by agreement between the Governor and the

27  applicable M.P.O.  The boundaries must include at least the

28  metropolitan planning area, which is the existing urbanized

29  area and the contiguous area expected to become urbanized

30  within a 20-year forecast period, and may encompass the entire

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  1  metropolitan statistical area or the consolidated metropolitan

  2  statistical area.

  3         (d)  In the case of an urbanized area designated as a

  4  nonattainment area for ozone or carbon monoxide under the

  5  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

  6  the metropolitan planning area in existence as of the date of

  7  enactment of this paragraph shall be retained, except that the

  8  boundaries may be adjusted by agreement of the Governor and

  9  affected metropolitan planning organizations in the manner

10  described in this section. If more than one M.P.O. has

11  authority within a metropolitan area or an area that is

12  designated as a nonattainment area, each M.P.O. shall consult

13  with other M.P.O.'s designated for such area and with the

14  state in the coordination of plans and programs required by

15  this section.

16

17  Each M.P.O. required under this section must be fully

18  operative no later than 6 months following its designation.

19         (2)  VOTING MEMBERSHIP.--

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

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

22  exact number to be determined on an equitable

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

24  agreement among the affected units of general-purpose local

25  government as required by federal rules and regulations. The

26  Governor, in accordance with 23 U.S.C. s. 134, may also

27  provide for M.P.O. members who represent municipalities to

28  alternate with representatives from other municipalities

29  within the metropolitan planning area that do not have members

30  on the M.P.O. County commission members shall compose not less

31  than one-third of the M.P.O. membership, except for an M.P.O.

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  1  with more than 15 members located in a county with a

  2  five-member county commission or an M.P.O. with 19 members

  3  located in a county with no more than 6 county commissioners,

  4  in which case county commission members may compose less than

  5  one-third percent of the M.P.O. membership, but all county

  6  commissioners must be members. All voting members shall be

  7  elected officials of general-purpose governments, except that

  8  an M.P.O. may include, as part of its apportioned voting

  9  members, a member of a statutorily authorized planning board,

10  an official of an agency that operates or administers a major

11  mode of transportation, or an official of the Spaceport

12  Florida Authority.  The county commission shall compose not

13  less than 20 percent of the M.P.O. membership if an official

14  of an agency that operates or administers a major mode of

15  transportation has been appointed to an M.P.O.

16         (b)  In metropolitan areas in which authorities or

17  other agencies have been or may be created by law to perform

18  transportation functions that are not under the jurisdiction

19  of a general purpose local government represented on the

20  M.P.O., they shall be provided voting membership on the M.P.O.

21  In all other M.P.O.'s where transportation authorities or

22  agencies are to be represented by elected officials from

23  general purpose local governments, the M.P.O. shall establish

24  a process by which the collective interests of such

25  authorities or other agencies are expressed and conveyed.

26         (c)  Any other provision of this section to the

27  contrary notwithstanding, a chartered county with over 1

28  million population may elect to reapportion the membership of

29  an M.P.O. whose jurisdiction is wholly within the county. The

30  charter county may exercise the provisions of this paragraph

31  if:

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  1         1.  The M.P.O. approves the reapportionment plan by a

  2  three-fourths vote of its membership;

  3         2.  The M.P.O. and the charter county determine that

  4  the reapportionment plan is needed to fulfill specific goals

  5  and policies applicable to that metropolitan planning area;

  6  and

  7         3.  The charter county determines the reapportionment

  8  plan otherwise complies with all federal requirements

  9  pertaining to M.P.O. membership.

10

11  Any charter county that elects to exercise the provisions of

12  this paragraph shall notify the Governor in writing.

13         (d)  Any other provision of this section to the

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

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

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

17  jurisdiction is wholly contained within the county.  Any

18  charter county that elects to exercise the provisions of this

19  paragraph shall so notify the Governor in writing.  Upon

20  receipt of such notification, the Governor must designate the

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

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

23  be an elected official representing a municipality within the

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

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

26  office and who resides in the unincorporated portion of the

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

28         (3)  APPORTIONMENT.--

29         (a)  The Governor shall, with the agreement of the

30  affected units of general-purpose local government as required

31  by federal rules and regulations, apportion the membership on

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  1  the applicable M.P.O. among the various governmental entities

  2  within the area and shall prescribe a method for appointing

  3  alternate members who may vote at any M.P.O. meeting that an

  4  alternate member attends in place of a regular member.  An

  5  appointed alternate member must be an elected official serving

  6  the same governmental entity or a general-purpose local

  7  government with jurisdiction within all or part of the area

  8  that the regular member serves.  The governmental entity so

  9  designated shall appoint the appropriate number of members to

10  the M.P.O. from eligible officials.  Representatives of the

11  department shall serve as nonvoting members of the M.P.O.

12  Nonvoting advisers may be appointed by the M.P.O. as deemed

13  necessary.  The Governor shall review the composition of the

14  M.P.O. membership in conjunction with the decennial census as

15  prepared by the United States Department of Commerce, Bureau

16  of the Census, and reapportion it as necessary to comply with

17  subsection (2).

18         (b)  Except for members who represent municipalities on

19  the basis of alternating with representatives from other

20  municipalities that do not have members on the M.P.O. as

21  provided in paragraph (2)(a), the members of an M.P.O. shall

22  serve 4-year terms. Members who represent municipalities on

23  the basis of alternating with representatives from other

24  municipalities that do not have members on the M.P.O. as

25  provided in paragraph (2)(a) may serve terms of up to 4 years

26  as further provided in the interlocal agreement described in

27  paragraph (1)(b). The membership of a member who is a public

28  official automatically terminates upon the member's leaving

29  his or her elective or appointive office for any reason, or

30  may be terminated by a majority vote of the total membership

31  of a county or city governing entity represented by the

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  1  member.  A vacancy shall be filled by the original appointing

  2  entity.  A member may be reappointed for one or more

  3  additional 4-year terms.

  4         (c)  If a governmental entity fails to fill an assigned

  5  appointment to an M.P.O. within 60 days after notification by

  6  the Governor of its duty to appoint, that appointment shall be

  7  made by the Governor from the eligible representatives of that

  8  governmental entity.

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

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

11  cooperative, and comprehensive transportation planning process

12  that, based upon the prevailing principles provided in s.

13  334.046(1), results in the development of plans and programs

14  which are consistent, to the maximum extent feasible, with the

15  approved local government comprehensive plans of the units of

16  local government the boundaries of which are within the

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

18  for cooperative decisionmaking by officials of the affected

19  governmental entities in the development of the plans and

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

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

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

23  this section or incorporated in an interlocal agreement

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

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

26  subsequently applicable, which are necessary to qualify for

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

28  shall be involved in the planning and programming of

29  transportation facilities, including, but not limited to,

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

31

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  1  intermodal facilities, to the extent permitted by state or

  2  federal law.

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

  4  department, develop:

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

  6  requirements of subsection (6);

  7         2.  An annually updated transportation improvement

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

  9         3.  An annual unified planning work program pursuant to

10  the requirements of subsection (8).

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

12  and the transportation improvement program required under

13  paragraph (a), each M.P.O. shall provide for consideration of

14  projects and strategies that will:

15         1.  Support the economic vitality of the metropolitan

16  area, especially by enabling global competitiveness,

17  productivity, and efficiency;

18         2.  Increase the safety and security of the

19  transportation system for motorized and nonmotorized users;

20         3.  Increase the accessibility and mobility options

21  available to people and for freight;

22         4.  Protect and enhance the environment, promote energy

23  conservation, and improve quality of life;

24         5.  Enhance the integration and connectivity of the

25  transportation system, across and between modes, for people

26  and freight;

27         6.  Promote efficient system management and operation;

28  and

29         7.  Emphasize the preservation of the existing

30  transportation system.

31         (c)  Additionally, each M.P.O. shall consider:

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  1         1.  The consistency of transportation planning with

  2  applicable federal, state, and local energy conservation

  3  programs, goals, and objectives;

  4         2.  The likely effect of transportation policy

  5  decisions on land use and development and the consistency of

  6  transportation plans and programs with all applicable

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

  8         3.  The preservation of rights-of-way for construction

  9  of future transportation projects, including the

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

11  future transportation corridors and the identification of

12  corridors for which action is most needed to prevent

13  destruction or loss;

14         4.  The overall social, economic, energy, and

15  environmental effects of transportation decisions; and

16         5.  Available methods to expand or enhance transit

17  services and increase the use of such services.

18         6.  The possible allocation of capital investments to

19  increase security for transit systems.

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

21  department and local governmental entities regarding

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

23         1.  Prepare a congestion management system for the

24  metropolitan area and cooperate with the department in the

25  development of all other transportation management systems

26  required by state or federal law;

27         2.  Assist the department in mapping transportation

28  planning boundaries required by state or federal law;

29         3.  Assist the department in performing its duties

30  relating to access management, functional classification of

31  roads, and data collection;

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  1         4.  Execute all agreements or certifications necessary

  2  to comply with applicable state or federal law;

  3         5.  Represent all the jurisdictional areas within the

  4  metropolitan area in the formulation of transportation plans

  5  and programs required by this section; and

  6         6.  Perform all other duties required by state or

  7  federal law.

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

  9  committee that includes planners; engineers; representatives

10  of local aviation authorities, port authorities, and public

11  transit authorities or representatives of aviation

12  departments, seaport departments, and public transit

13  departments of municipal or county governments, as applicable;

14  the school superintendent of each county within the

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

16  and other appropriate representatives of affected local

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

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

19  committee is responsible for identifying projects contained in

20  the long-range transportation plan or transportation

21  improvement program which deserve to be classified as a school

22  safety concern. Upon receipt of the recommendation from the

23  technical advisory committee that a project should be so

24  classified, the M.P.O. must vote on whether to classify a

25  particular project as a school safety concern.  If the M.P.O.

26  votes that a project should be classified as a school safety

27  concern, the local governmental entity responsible for the

28  project must consider at least two alternatives before making

29  a decision about project location or alignment.

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

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

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

  2  committee must reflect a broad cross section of local

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

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

  5  the elderly, and the handicapped must be adequately

  6  represented.

  7         2.  Notwithstanding the provisions of subparagraph 1.,

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

  9  applicable federal governmental agency, adopt an alternative

10  program or mechanism to ensure citizen involvement in the

11  transportation planning process.

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

13  for the purpose of accomplishing its transportation planning

14  and programming duties, an appropriate amount of federal

15  transportation planning funds.

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

17  into contracts with local or state agencies, private planning

18  firms, or private engineering firms to accomplish its

19  transportation planning and programming duties required by

20  state or federal law.

21         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

22  develop a long-range transportation plan that addresses at

23  least a 20-year planning horizon. The plan must include both

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

25  other state and federal requirements. The prevailing

26  principles to be considered in the long-range transportation

27  plan are: preserving the existing transportation

28  infrastructure; enhancing Florida's economic competitiveness;

29  and improving travel choices to ensure mobility. The

30  long-range transportation plan must be consistent, to the

31  maximum extent feasible, with future land use elements and the

                                  23

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  1  goals, objectives, and policies of the approved local

  2  government comprehensive plans of the units of local

  3  government located within the jurisdiction of the M.P.O. The

  4  approved long-range transportation plan must be considered by

  5  local governments in the development of the transportation

  6  elements in local government comprehensive plans and any

  7  amendments thereto. The long-range transportation plan must,

  8  at a minimum:

  9         (a)  Identify transportation facilities, including, but

10  not limited to, major roadways, airports, seaports,

11  spaceports, commuter rail systems, transit systems, and

12  intermodal or multimodal terminals that will function as an

13  integrated metropolitan transportation system.  The long-range

14  transportation plan must give emphasis to those transportation

15  facilities that serve national, statewide, or regional

16  functions, and must consider the goals and objectives

17  identified in the Florida Transportation Plan as provided in

18  s. 339.155. If a project is located within the boundaries of

19  more than one M.P.O., the M.P.O.'s must coordinate plans

20  regarding the project in the long-range transportation plan.

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

22  plan can be implemented, indicating resources from public and

23  private sources which are reasonably expected to be available

24  to carry out the plan, and recommends any additional financing

25  strategies for needed projects and programs. The financial

26  plan may include, for illustrative purposes, additional

27  projects that would be included in the adopted long-range

28  transportation plan if reasonable additional resources beyond

29  those identified in the financial plan were available. For the

30  purpose of developing the long-range transportation plan, the

31  M.P.O. and the department shall cooperatively develop

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  1  estimates of funds that will be available to support the plan

  2  implementation. Innovative financing techniques may be used to

  3  fund needed projects and programs.  Such techniques may

  4  include the assessment of tolls, the use of value capture

  5  financing, or the use of value pricing.

  6         (c)  Assess capital investment and other measures

  7  necessary to:

  8         1.  Ensure the preservation of the existing

  9  metropolitan transportation system including requirements for

10  the operation, resurfacing, restoration, and rehabilitation of

11  major roadways and requirements for the operation,

12  maintenance, modernization, and rehabilitation of public

13  transportation facilities; and

14         2.  Make the most efficient use of existing

15  transportation facilities to relieve vehicular congestion and

16  maximize the mobility of people and goods.

17         (d)  Indicate, as appropriate, proposed transportation

18  enhancement activities, including, but not limited to,

19  pedestrian and bicycle facilities, scenic easements,

20  landscaping, historic preservation, mitigation of water

21  pollution due to highway runoff, and control of outdoor

22  advertising.

23         (e)  In addition to the requirements of paragraphs

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

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

26  must coordinate the development of the long-range

27  transportation plan with the State Implementation Plan

28  developed pursuant to the requirements of the federal Clean

29  Air Act.

30

31

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  1  In the development of its long-range transportation plan, each

  2  M.P.O. must provide the public, affected public agencies,

  3  representatives of transportation agency employees, freight

  4  shippers, providers of freight transportation services,

  5  private providers of transportation, representatives of users

  6  of public transit, and other interested parties with a

  7  reasonable opportunity to comment on the long-range

  8  transportation plan. The long-range transportation plan must

  9  be approved by the M.P.O.

10         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

11  shall, in cooperation with the state and affected public

12  transportation operators, develop a transportation improvement

13  program for the area within the jurisdiction of the M.P.O.  In

14  the development of the transportation improvement program,

15  each M.P.O. must provide the public, affected public agencies,

16  representatives of transportation agency employees, freight

17  shippers, providers of freight transportation services,

18  private providers of transportation, representatives of users

19  of public transit, and other interested parties with a

20  reasonable opportunity to comment on the proposed

21  transportation improvement program.

22         (a)  Each M.P.O. is responsible for developing,

23  annually, a list of project priorities and a transportation

24  improvement program. The prevailing principles to be

25  considered by each M.P.O. when developing a list of project

26  priorities and a transportation improvement program are:

27  preserving the existing transportation infrastructure;

28  enhancing Florida's economic competitiveness; and improving

29  travel choices to ensure mobility. The transportation

30  improvement program will be used to initiate federally aided

31  transportation facilities and improvements as well as other

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  1  transportation facilities and improvements including transit,

  2  rail, aviation, spaceport, and port facilities to be funded

  3  from the State Transportation Trust Fund within its

  4  metropolitan area in accordance with existing and subsequent

  5  federal and state laws and rules and regulations related

  6  thereto.  The transportation improvement program shall be

  7  consistent, to the maximum extent feasible, with the approved

  8  local government comprehensive plans of the units of local

  9  government whose boundaries are within the metropolitan area

10  of the M.P.O.

11         (b)  Each M.P.O. annually shall prepare a list of

12  project priorities and shall submit the list to the

13  appropriate district of the department by October 1 of each

14  year; however, the department and a metropolitan planning

15  organization may, in writing, agree to vary this submittal

16  date. The list of project priorities must be formally reviewed

17  by the technical and citizens' advisory committees, and

18  approved by the M.P.O., before it is transmitted to the

19  district. The approved list of project priorities must be used

20  by the district in developing the district work program and

21  must be used by the M.P.O. in developing its transportation

22  improvement program. The annual list of project priorities

23  must be based upon project selection criteria that, at a

24  minimum, consider the following:

25         1.  The approved M.P.O. long-range transportation plan;

26         2.  The results of the transportation management

27  systems; and

28         3.  The M.P.O.'s public-involvement procedures.

29         (c)  The transportation improvement program must, at a

30  minimum:

31

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  1         1.  Include projects and project phases to be funded

  2  with state or federal funds within the time period of the

  3  transportation improvement program and which are recommended

  4  for advancement during the next fiscal year and 4 subsequent

  5  fiscal years.  Such projects and project phases must be

  6  consistent, to the maximum extent feasible, with the approved

  7  local government comprehensive plans of the units of local

  8  government located within the jurisdiction of the M.P.O.  For

  9  informational purposes, the transportation improvement program

10  shall also include a list of projects to be funded from local

11  or private revenues.

12         2.  Include projects within the metropolitan area which

13  are proposed for funding under 23 U.S.C. s. 134 of the Federal

14  Transit Act and which are consistent with the long-range

15  transportation plan developed under subsection (6).

16         3.  Provide a financial plan that demonstrates how the

17  transportation improvement program can be implemented;

18  indicates the resources, both public and private, that are

19  reasonably expected to be available to accomplish the program;

20  identifies any innovative financing techniques that may be

21  used to fund needed projects and programs; and may include,

22  for illustrative purposes, additional projects that would be

23  included in the approved transportation improvement program if

24  reasonable additional resources beyond those identified in the

25  financial plan were available. Innovative financing techniques

26  may include the assessment of tolls, the use of value capture

27  financing, or the use of value pricing.  The transportation

28  improvement program may include a project or project phase

29  only if full funding can reasonably be anticipated to be

30  available for the project or project phase within the time

31

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  1  period contemplated for completion of the project or project

  2  phase.

  3         4.  Group projects and project phases of similar

  4  urgency and anticipated staging into appropriate staging

  5  periods.

  6         5.  Indicate how the transportation improvement program

  7  relates to the long-range transportation plan developed under

  8  subsection (6), including providing examples of specific

  9  projects or project phases that further the goals and policies

10  of the long-range transportation plan.

11         6.  Indicate whether any project or project phase is

12  inconsistent with an approved comprehensive plan of a unit of

13  local government located within the jurisdiction of the M.P.O.

14  If a project is inconsistent with an affected comprehensive

15  plan, the M.P.O. must provide justification for including the

16  project in the transportation improvement program.

17         7.  Indicate how the improvements are consistent, to

18  the maximum extent feasible, with affected seaport, airport,

19  and spaceport master plans and with public transit development

20  plans of the units of local government located within the

21  jurisdiction of the M.P.O. If a project is located within the

22  boundaries of more than one M.P.O., the M.P.O.'s must

23  coordinate plans regarding the project in the transportation

24  improvement program.

25         (d)  Projects included in the transportation

26  improvement program and that have advanced to the design stage

27  of preliminary engineering may be removed from or rescheduled

28  in a subsequent transportation improvement program only by the

29  joint action of the M.P.O. and the department. Except when

30  recommended in writing by the district secretary for good

31  cause, any project removed from or rescheduled in a subsequent

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  1  transportation improvement program shall not be rescheduled by

  2  the M.P.O. in that subsequent program earlier than the 5th

  3  year of such program.

  4         (e)  During the development of the transportation

  5  improvement program, the M.P.O. shall, in cooperation with the

  6  department and any affected public transit operation, provide

  7  citizens, affected public agencies, representatives of

  8  transportation agency employees, freight shippers, providers

  9  of freight transportation services, private providers of

10  transportation, representatives of users of public transit,

11  and other interested parties with reasonable notice of and an

12  opportunity to comment on the proposed program.

13         (f)  The adopted annual transportation improvement

14  program for M.P.O.'s in nonattainment or maintenance areas

15  must be submitted to the district secretary and the Department

16  of Community Affairs at least 90 days before the submission of

17  the state transportation improvement program by the department

18  to the appropriate federal agencies. The annual transportation

19  improvement program for M.P.O.'s in attainment areas must be

20  submitted to the district secretary and the Department of

21  Community Affairs at least 45 days before the department

22  submits the state transportation improvement program to the

23  appropriate federal agencies; however, the department, the

24  Department of Community Affairs, and a metropolitan planning

25  organization may, in writing, agree to vary this submittal

26  date.  The Governor or the Governor's designee shall review

27  and approve each transportation improvement program and any

28  amendments thereto.

29         (g)  The Department of Community Affairs shall review

30  the annual transportation improvement program of each M.P.O.

31  for consistency with the approved local government

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  1  comprehensive plans of the units of local government whose

  2  boundaries are within the metropolitan area of each M.P.O. and

  3  shall identify those projects that are inconsistent with such

  4  comprehensive plans. The Department of Community Affairs shall

  5  notify an M.P.O. of any transportation projects contained in

  6  its transportation improvement program which are inconsistent

  7  with the approved local government comprehensive plans of the

  8  units of local government whose boundaries are within the

  9  metropolitan area of the M.P.O.

10         (h)  The M.P.O. shall annually publish or otherwise

11  make available for public review the annual listing of

12  projects for which federal funds have been obligated in the

13  preceding year. Project monitoring systems must be maintained

14  by those agencies responsible for obligating federal funds and

15  made accessible to the M.P.O.'s.

16         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

17  develop, in cooperation with the department and public

18  transportation providers, a unified planning work program that

19  lists all planning tasks to be undertaken during the program

20  year. The unified planning work program must provide a

21  complete description of each planning task and an estimated

22  budget therefor and must comply with applicable state and

23  federal law.

24         (9)  AGREEMENTS.--

25         (a)  Each M.P.O. shall execute the following written

26  agreements, which shall be reviewed, and updated as necessary,

27  every 5 years:

28         1.  An agreement with the department clearly

29  establishing the cooperative relationship essential to

30  accomplish the transportation planning requirements of state

31  and federal law.

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  1         2.  An agreement with the metropolitan and regional

  2  intergovernmental coordination and review agencies serving the

  3  metropolitan areas, specifying the means by which activities

  4  will be coordinated and how transportation planning and

  5  programming will be part of the comprehensive planned

  6  development of the area.

  7         3.  An agreement with operators of public

  8  transportation systems, including transit systems, commuter

  9  rail systems, airports, seaports, and spaceports, describing

10  the means by which activities will be coordinated and

11  specifying how public transit, commuter rail, aviation,

12  seaport, and aerospace planning and programming will be part

13  of the comprehensive planned development of the metropolitan

14  area.

15         (b)  An M.P.O. may execute other agreements required by

16  state or federal law or as necessary to properly accomplish

17  its functions.

18         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

19  COUNCIL.--

20         (a)  A Metropolitan Planning Organization Advisory

21  Council is created to augment, and not supplant, the role of

22  the individual M.P.O.'s in the cooperative transportation

23  planning process described in this section.

24         (b)  The council shall consist of one representative

25  from each M.P.O. and shall elect a chairperson annually from

26  its number.  Each M.P.O. shall also elect an alternate

27  representative from each M.P.O. to vote in the absence of the

28  representative. Members of the council do not receive any

29  compensation for their services, but may be reimbursed from

30  funds made available to council members for travel and per

31

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  1  diem expenses incurred in the performance of their council

  2  duties as provided in s. 112.061.

  3         (c)  The powers and duties of the Metropolitan Planning

  4  Organization Advisory Council are to:

  5         1.  Enter into contracts with individuals, private

  6  corporations, and public agencies.

  7         2.  Acquire, own, operate, maintain, sell, or lease

  8  personal property essential for the conduct of business.

  9         3.  Accept funds, grants, assistance, gifts, or

10  bequests from private, local, state, or federal sources.

11         4.  Establish bylaws and adopt rules pursuant to ss.

12  120.536(1) and 120.54 to implement provisions of law

13  conferring powers or duties upon it.

14         5.  Assist M.P.O.'s in carrying out the urbanized area

15  transportation planning process by serving as the principal

16  forum for collective policy discussion pursuant to law.

17         6.  Serve as a clearinghouse for review and comment by

18  M.P.O.'s on the Florida Transportation Plan and on other

19  issues required to comply with federal or state law in

20  carrying out the urbanized area transportation and systematic

21  planning processes instituted pursuant to s. 339.155.

22         7.  Employ an executive director and such other staff

23  as necessary to perform adequately the functions of the

24  council, within budgetary limitations. The executive director

25  and staff are exempt from part II of chapter 110 and serve at

26  the direction and control of the council.  The council is

27  assigned to the Office of the Secretary of the Department of

28  Transportation for fiscal and accountability purposes, but it

29  shall otherwise function independently of the control and

30  direction of the department.

31

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






    Florida Senate - 2000                            CS for SB 774
    306-2048-00




  1         8.  Adopt an agency strategic plan that provides the

  2  priority directions the agency will take to carry out its

  3  mission within the context of the state comprehensive plan and

  4  any other statutory mandates and directions given to the

  5  agency.

  6         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

  7  an agency of the Federal Government that any provision of this

  8  section conflicts with federal laws or regulations, such

  9  federal laws or regulations will take precedence to the extent

10  of the conflict until such conflict is resolved.  The

11  department or an M.P.O. may take any necessary action to

12  comply with such federal laws and regulations or to continue

13  to remain eligible to receive federal funds.

14         Section 5.  This act shall take effect July 1, 2000.

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                              SB 774

18

19  This CS provides prevailing principles which will guide state
    and regional transportation planning. The prevailing
20  principles are: (1) preserving the existing transportation
    infrastructure; (2) enhancing Florida's economic
21  competitiveness; and (3) improving travel choices to ensure
    mobility.
22
    The CS deletes certain transportation planning factors to
23  conform to the Federal Transportation Equity Act for the 21st
    Century.
24

25

26

27

28

29

30

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