House Bill hb1585

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    Florida House of Representatives - 2002                HB 1585

        By Representative Flanagan






  1                      A bill to be entitled

  2         An act relating to metropolitan planning

  3         organizations; amending s. 120.52, F.S.;

  4         redefining the term "agency" for the purposes

  5         of the Administrative Procedure Act to provide

  6         that metropolitan planning organizations are

  7         not agencies for the purposes of the act;

  8         providing an effective date.

  9  

10         WHEREAS, in pursuit of the implementation of federal

11  law and pursuant to s. 339.175, F.S., Metropolitan Planning

12  Organizations (MPO) are created by interlocal agreement

13  between the Department of Transportation, acting on behalf of

14  the Office of the Governor, and various local government

15  entities primarily, including counties and municipalities, and

16         WHEREAS, local governments, such as counties and

17  municipalities, are not "agencies" pursuant to, and are

18  consequently exempt from, chapter 120, F.S., the

19  Administrative Procedure Act, and

20         WHEREAS, it is only because the Department of

21  Transportation, a state agency subject to the Administrative

22  Procedure Act, is a party to the interlocal agreement creating

23  MPO's that MPO's are defined as "agencies" pursuant to the

24  Administrative Procedure Act, and therefore made subject to

25  the act, and

26         WHEREAS, most MPO's have jurisdiction within only a

27  single county, and

28         WHEREAS, MPO's are essentially nonregulatory

29  organizations, and

30         WHEREAS, most of the membership of an MPO consists of

31  county commissioners and city commissioners, and

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    Florida House of Representatives - 2002                HB 1585

    570-186-02






  1         WHEREAS, citizens, attorneys, and others dealing with

  2  MPO's are generally unfamiliar with the Administrative

  3  Procedure Act, and

  4         WHEREAS, the Administrative Procedure Act has caused

  5  confusion and created additional bureaucracy for local

  6  government officials and the general public, a result that the

  7  act was specifically intended to avoid, and

  8         WHEREAS, because of the essentially nonregulatory,

  9  local governmental nature of MPO's, MPO's and citizens dealing

10  with MPO's will be better served by having MPO's exempted from

11  the Administrative Procedure Act, NOW, THEREFORE,

12  

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

14  

15         Section 1.  Subsection (1) of section 120.52, Florida

16  Statutes, is amended to read:

17         120.52  Definitions.--As used in this act:

18         (1)  "Agency" means:

19         (a)  The Governor in the exercise of all executive

20  powers other than those derived from the constitution.

21         (b)  Each:

22         1.  State officer and state department, and each

23  departmental unit described in s. 20.04.

24         2.  Authority, including a regional water supply

25  authority.

26         3.  Board.

27         4.  Commission, including the Commission on Ethics and

28  the Fish and Wildlife Conservation Commission when acting

29  pursuant to statutory authority derived from the Legislature.

30         5.  Regional planning agency.

31  

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    Florida House of Representatives - 2002                HB 1585

    570-186-02






  1         6.  Multicounty special district with a majority of its

  2  governing board comprised of nonelected persons.

  3         7.  Educational units.

  4         8.  Entity described in chapters 163, 373, 380, and 582

  5  and s. 186.504.

  6         (c)  Each other unit of government in the state,

  7  including counties and municipalities, to the extent they are

  8  expressly made subject to this act by general or special law

  9  or existing judicial decisions.

10  

11  This definition does not include any legal entity or agency

12  created in whole or in part pursuant to chapter 361, part II,

13  a metropolitan planning organization created pursuant to s.

14  339.175, an expressway authority pursuant to chapter 348, any

15  legal or administrative entity created by an interlocal

16  agreement pursuant to s. 163.01(7), unless any party to such

17  agreement is otherwise an agency as defined in this

18  subsection, or any multicounty special district with a

19  majority of its governing board comprised of elected persons;

20  however, this definition shall include a regional water supply

21  authority.

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

23  law.

24  

25            *****************************************

26                          HOUSE SUMMARY

27  
      Exempts Metropolitan Planning Organizations from the
28    definition of the term "agency" under the Administrative
      Procedure Act.
29  

30  

31  

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