House Bill hb1839
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
By the Committee on Transportation and Representatives
Goodlette and Russell
1 A bill to be entitled
2 An act relating to transportation; creating s.
3 339.141, F.S.; creating the Regional
4 Transportation Act; providing purpose; creating
5 the Regional Transportation Council; providing
6 for membership, meetings, and staff support of
7 the council; providing duties; requiring
8 recommendation of regional and local
9 transportation projects; providing criteria and
10 procedures for approval of Regional
11 Transportation Grant projects and Local
12 Transportation Management Grant projects;
13 providing for approval by the Legislature;
14 providing for funding; providing for allocation
15 of funds from the State Transportation Trust
16 Fund; limiting application of certain
17 requirements; creating s. 339.142, F.S.;
18 providing for designation as a regional
19 transportation corridor; providing a
20 definition; designating certain infrastructure
21 as such corridors; authorizing the council to
22 designate such corridors; creating s. 339.143,
23 F.S.; creating the Regional Transportation
24 Grant program; providing legislative findings
25 and purpose; providing criteria for program
26 eligibility; providing for recommendation by
27 the council and approval by the Legislature;
28 providing for funding; creating s. 339.144,
29 F.S.; creating the Local Transportation
30 Management Grant program; providing legislative
31 findings and purpose; providing criteria for
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 program eligibility; providing for
2 recommendation by the council and approval by
3 the Legislature; providing for funding;
4 amending s. 339.08, F.S.; revising provisions
5 relating to use of moneys in the State
6 Transportation Trust Fund; correcting
7 references; amending s. 339.1371, F.S.;
8 deleting provisions for funding the
9 Transportation Outreach Program; amending s.
10 215.211, F.S.; providing for use of certain
11 proceeds to fund projects selected under the
12 act; repealing s. 339.137, F.S., relating to
13 the Transportation Outreach Program; repealing
14 s. 339.2817, F.S., relating to the County
15 Incentive Grant Program; repealing s. 339.2818,
16 F.S., relating to the Small County Outreach
17 Program; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 339.141, Florida Statutes, is
22 created to read:
23 339.141 Regional Transportation Act; short title;
24 purpose; Regional Transportation Council; creation;
25 membership; transportation grants; criteria; applications;
26 approval; project lists; funding.--
27 (1) Sections 339.141-339.144 shall be known as the
28 "Regional Transportation Act," dedicated to identifying and
29 funding high-priority regional transportation projects that
30 create intermodal transportation linkages for passengers and
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 freight, thus increasing cost-competitive travel choices for
2 Florida residents, visitors, and businesses.
3 (2) The underlying purposes of the Regional
4 Transportation Act are to identify projects throughout the
5 state that will provide more efficient movement of travelers,
6 goods, and services; assist local governments in developing
7 intermodal linkages; promote logical linkages between
8 different modes of transportation; and attract federal, state,
9 local, and private-sector funds to make these improvements.
10 (3) The Regional Transportation Council is created to
11 make recommendations annually to the Legislature on the
12 selection of projects as provided in this section.
13 Recommendations shall be made for projects seeking regional
14 transportation grants pursuant to s. 339.143 and local
15 transportation management grants pursuant to s. 339.144.
16 (4) The council shall consist of:
17 (a) The secretary of the Department of Transportation,
18 or his or her designee.
19 (b) One member of the Senate appointed by the
20 President of the Senate.
21 (c) One member of the House of Representatives
22 appointed by the Speaker of the House of Representatives.
23
24 Terms for council members from the Legislature shall be 2
25 years, provided that a legislative member's term shall not
26 exceed the term of the presiding officer making that member's
27 appointment to the council. Initial appointments must be made
28 no later than 30 days after the effective date of this act.
29 Vacancies on the council shall be filled in the same manner as
30 the initial appointments.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (5) Each member of the council shall be allowed one
2 vote. The council shall select a chair from among its
3 membership. Meetings shall be held at the call of the chair
4 but not less frequently than quarterly. The members of the
5 council shall be reimbursed for per diem and travel expenses
6 as provided in s. 112.061.
7 (6) The Department of Transportation shall provide
8 administrative staff support and shall ensure that council
9 meetings are electronically recorded. Such recordings and all
10 documents received, prepared for, or used by the council in
11 conducting its business shall be preserved pursuant to
12 chapters 119 and 257.
13 (7) Applications for Regional Transportation Act
14 funding shall be submitted to the department no later than
15 October 1 of each year, beginning in 2002, along with
16 documentation that the proposed project meets the criteria
17 listed in s. 339.143 or s. 339.144, as applicable.
18 (a) Regional Transportation Grant projects may be
19 proposed by any local government, regional organization,
20 economic development board, public or private partnership,
21 metropolitan planning organization, state agency, or other
22 entity engaged in economic development activities.
23 (b) Local Transportation Management Grant applications
24 may be submitted by counties and municipalities.
25 (c) No project may be submitted for consideration
26 under both grant programs in the same fiscal year.
27 (8) The department shall review all of the
28 applications submitted to determine which ones meet the basic
29 criteria listed in ss. 339.143(3) and 339.144(2). By December
30 1 of each year, beginning in 2002, the department shall submit
31 to the council all of the Regional Transportation Grant
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 applications that comply, and to each county's legislative
2 delegation the applicable Local Transportation Management
3 Grant applications that comply. Included in the department's
4 submittals shall be a summary of each eligible grant
5 application, including summary information indicating how the
6 project meets the criteria in s. 339.143(5) or s. 339.144(3),
7 as applicable.
8 (9)(a) The council shall evaluate all of the
9 applications it receives from the department and the
10 legislative delegations and shall annually develop separate
11 lists of recommended projects for regional transportation
12 grants and local transportation management grants for the
13 Legislature's consideration for inclusion in the General
14 Appropriations Act.
15 (b) In selecting projects for inclusion on its two
16 recommended projects lists, the council shall consider the
17 additional criteria in ss. 339.143(5) and 339.144(3),
18 depending on the grant program.
19 (10) The council is encouraged to seek input from
20 transportation or economic development entities and to
21 consider the reports and recommendations of task forces, study
22 commissions, or similar entities charged with reviewing issues
23 relevant to the council's mission.
24 (11) The council's recommended projects lists shall
25 not be ranked. Each list of projects shall total an amount
26 that is no more than 1.5 times the amount of state funding
27 available for the total regional transportation program that
28 fiscal year.
29 (12) The Legislature shall consider the council's
30 recommended projects lists and shall include approved projects
31 in the General Appropriations Act. Projects approved by the
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 Legislature must be included in the department's adopted work
2 program.
3 (13) For fiscal years 2003-2004 and 2004-2005, the
4 department shall allocate a minimum of $92 million from the
5 State Transportation Trust Fund in its program and resource
6 plan to fund the programs in this section. Beginning in fiscal
7 year 2005-2006 and in subsequent fiscal years, the minimum
8 amount allocated shall be $100 million. Of that amount, a
9 minimum of $62 million shall be awarded to projects seeking
10 regional transportation grants. A maximum of $30 million shall
11 be awarded to projects seeking local transportation management
12 grants. This allocation of funds is in addition to any funding
13 provided to this program by any other provision of law.
14 Notwithstanding any other provision of law, the requirements
15 of ss. 339.135(1)-(5), 339.155, and 339.175 shall not apply to
16 these funds and programs.
17 Section 2. Section 339.142, Florida Statutes, is
18 created to read:
19 339.142 Regional transportation corridors.--
20 (1) A "regional transportation corridor" is defined as
21 a regional system of transportation infrastructure that
22 collectively provides for the efficient movement of
23 significant numbers of persons and significant volumes of
24 intrastate, interstate, and international commerce by
25 seamlessly linking multiple modes of travel.
26 (2) Florida's initial regional transportation
27 corridors are:
28 (a) The Interstate 10 Corridor, from Pensacola to
29 Jacksonville.
30 (b) The Gulf Coast Corridor, from Pensacola to Tampa
31 along U.S. 98 and U.S. 19/State Road 27.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (c) The Interstate 95-Atlantic Coast Corridor, from
2 Jacksonville to Miami.
3 (d) The Central Florida/North-South Corridor, from the
4 Florida-Georgia border to Naples and Fort Lauderdale/Miami,
5 along Interstate 75.
6 (e) The Central Florida/East-West Corridor, from Tampa
7 to Titusville, along Interstate 4 and the Beeline Expressway.
8 (f) The Jacksonville to Tampa Corridor, along U.S.
9 301.
10 (g) The Jacksonville to Orlando Corridor, along U.S.
11 17.
12 (h) The Southeastern Everglades Corridor, linking
13 Wildwood, Winter Garden, Orlando, and West Palm Beach via the
14 Florida Turnpike.
15 (3) The Regional Transportation Council is authorized
16 to make additions to, deletions from, or modifications to the
17 initially designated corridors listed in subsection (2). These
18 changes shall be accomplished through adoption of a resolution
19 by majority vote of the council indicating the changes to the
20 corridors. The department may provide input to the council
21 regarding proposed changes to the corridors, including the
22 results of any consensus-building process undertaken by the
23 department to better define regional transportation corridors.
24 In addition, any of the entities eligible to submit an
25 application for a regional transportation grant pursuant to s.
26 339.141(7)(a) may propose corridor changes to the council. The
27 council shall provide any such adopted resolutions to the
28 Governor, the President of the Senate, and the Speaker of the
29 House of Representatives.
30 Section 3. Section 339.143, Florida Statutes, is
31 created to read:
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 339.143 Regional Transportation Grant program.--
2 (1) The Legislature finds that Florida's future
3 regional investments in transportation should be targeted
4 toward a regional transportation system that integrates key
5 components of the Florida Intrastate Highway System, seaports,
6 spaceports, aviation facilities, and rail facilities within
7 designated corridors. The Legislature further finds that
8 Florida's future economic health depends on a system that can
9 successfully move growing numbers of residents and tourists
10 and transport goods and services within Florida, as well as to
11 and from national and international markets. Therefore, the
12 Legislature creates the Regional Transportation Grant program
13 to address these needs and to supplement existing related
14 transportation programs.
15 (2) Projects eligible to receive regional
16 transportation grants include, but are not limited to, the
17 following:
18 (a) Seaport projects that improve cargo and passenger
19 movements or connect the seaports to other modes of
20 transportation.
21 (b) Aviation projects that increase passenger
22 enplanements and cargo activity or connect airports to other
23 modes of transportation.
24 (c) Transit projects that improve mobility on
25 interstate highways, improve regional or localized travel, or
26 connect to other modes of transportation.
27 (d) Rail projects that facilitate the movement of
28 passengers and cargo, including ancillary pedestrian
29 facilities, or connect rail facilities to other modes of
30 transportation.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (e) Road or highway improvements that improve access
2 to another mode of transportation.
3 (f) Roadway relocation projects or other projects that
4 address vehicle user conflicts, access issues, or safety
5 concerns with rail lines.
6 (3) The basic criteria for receipt of a regional
7 transportation grant are as follows:
8 (a) The project must be able to be made production
9 ready within a 5-year period following the end of the current
10 fiscal year.
11 (b) The project must be consistent with a current
12 transportation system plan, including, but not limited to, the
13 Florida Intrastate Highway System, aviation, intermodal/rail,
14 seaport, spaceport, or transit system plans.
15 (c) The project must not be inconsistent with an
16 approved local comprehensive plan of any local government
17 within whose boundaries the project is located in whole or in
18 part, or, if inconsistent, must be accompanied by an
19 explanation of why the project should be undertaken.
20 (d) The project must be of statewide or regional
21 significance.
22 (e) The project must facilitate the movement of
23 people, goods, and services within a regional transportation
24 corridor designated pursuant to s. 339.142.
25 (f) The project must encourage, enhance, or create
26 economic benefits in urban or rural areas.
27 (4) Eligible projects that meet the basic criteria in
28 subsection (3) as determined by the department shall be
29 forwarded by the department to the Regional Transportation
30 Council for evaluation.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (5) The council shall use the following criteria for
2 selecting projects for its recommended projects list:
3 (a) Whether other funds are available to help complete
4 the project.
5 (b) The amount of local, federal, or private matching
6 funds available for the project.
7 (c) The extent to which the project incorporates
8 corridor management techniques, including access management
9 strategies, right-of-way acquisition or protection measures,
10 and appropriate zoning and setback controls.
11 (d) The extent to which the project supports a
12 multimodal transportation district established pursuant to s.
13 163.3180(15).
14 (e) The extent to which the project uses new
15 technologies, including intelligent transportation systems, to
16 enhance the efficiency of the transportation system.
17 (6) Pursuant to s. 339.141, the Regional
18 Transportation Council shall develop a list of recommended
19 regional transportation projects and submit it to the
20 Legislature. The Legislature shall consider the council's
21 recommended projects list and shall include approved projects
22 in the General Appropriations Act.
23 Section 4. Section 339.144, Florida Statutes, is
24 created to read:
25 339.144 Local Transportation Management Grant
26 program.--
27 (1) The Legislature finds that while planning and
28 financing a statewide transportation system is of primary
29 importance to Florida's economic well-being and public safety,
30 the state also has a responsibility to share in the costs of
31 addressing the mobility needs of Florida's local and
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 metropolitan areas. The Legislature further finds that a local
2 transportation management grant program, in conjunction with
3 other existing programs, is necessary to financially assist
4 local governments in planning and building transportation
5 systems that encourage sound planning practices, promote
6 economic development, and encourage connectivity with state
7 transportation infrastructure. Therefore, the Legislature
8 creates the Local Transportation Management Grant program.
9 (2) The basic criteria for receipt of a local
10 transportation management grant are as follows:
11 (a) The project must be able to be made production
12 ready within a 5-year period following the end of the current
13 fiscal year.
14 (b) The project must be consistent with a current
15 state, regional, or local transportation system plan.
16 (c) The project must not be inconsistent with an
17 approved local comprehensive plan of any local government
18 within whose boundaries the project is located in whole or in
19 part, or, if inconsistent, must be accompanied by an
20 explanation of why the project should be undertaken.
21 (3) Projects that meet the basic criteria in
22 subsection (2) as determined by the department shall be
23 forwarded by the department to the appropriate legislative
24 delegation. The delegation shall evaluate the applications for
25 projects within its particular county based on the following
26 criteria:
27 (a) The extent to which the project provides
28 intermodal access benefits.
29 (b) The extent to which the project facilitates the
30 movement of people, goods, and services on a designated
31 regional transportation corridor.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (c) The extent to which the project encourages,
2 enhances, or creates economic benefits in urban or rural
3 areas.
4 (d) The extent to which the county has enacted local
5 option fuel taxes and other dedicated local revenue sources or
6 adopted the 1-percent infrastructure sales surtax or the small
7 county surtax, with priority spending dedicated to
8 transportation improvements.
9 (e) The extent to which the project helps to maintain
10 or protect the environment, enhances existing public
11 investments in transportation infrastructure, or encourages
12 redevelopment and revitalization of downtown areas.
13 (f) Whether other funds are available to help complete
14 the project.
15 (g) The amount of local, federal, or private matching
16 funds available for the project.
17 (h) The extent to which the project incorporates
18 corridor management techniques, including access management
19 strategies, right-of-way acquisition or protection measures,
20 and appropriate zoning and setback controls.
21 (i) The extent to which the project supports a
22 multimodal transportation district established pursuant to s.
23 163.3180(15).
24 (j) The extent to which the project uses new
25 technologies, including intelligent transportation systems, to
26 enhance the efficiency of the transportation system.
27
28 Each legislative delegation shall rank its county's projects
29 and send its list of rankings to the Regional Transportation
30 Council by January 15 of each year, beginning in 2003.
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (4) Pursuant to s. 339.141, the Regional
2 Transportation Council shall develop an unranked list of
3 recommended Local Transportation Management Grant projects,
4 based on its evaluation of the criteria in subsection (3) and
5 the recommendations from the county legislative delegations.
6 The council shall submit the recommended projects list to the
7 Legislature by February 15 of each year, beginning in 2003.
8 The Legislature shall consider the council's recommended
9 projects list and shall include approved projects in the
10 General Appropriations Act.
11 (5) The grant program shall provide a 50-percent state
12 match for project costs of selected projects within a county
13 with a population of 75,000 or more, and a 75-percent match
14 for projects within counties with a population of less than
15 75,000. The match requirement may be waived for rural areas
16 pursuant to s. 288.06561.
17 Section 5. Subsections (1) and (2) of section 339.08,
18 Florida Statutes, are amended to read:
19 339.08 Use of moneys in State Transportation Trust
20 Fund.--
21 (1) The department shall expend by rule provide for
22 the expenditure of the moneys in the State Transportation
23 Trust Fund accruing to the department, in accordance with its
24 annual budget.
25 (2) These rules must restrict The use of such moneys
26 is restricted to the following purposes:
27 (a) To pay administrative expenses of the department,
28 including administrative expenses incurred by the several
29 state transportation districts, but excluding administrative
30 expenses of commuter rail authorities that do not operate rail
31 service.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (b) To pay the cost of construction of the State
2 Highway System.
3 (c) To pay the cost of maintaining the State Highway
4 System.
5 (d) To pay the cost of public transportation projects
6 in accordance with chapter 341 and ss. 332.003-332.007.
7 (e) To reimburse counties or municipalities for
8 expenditures made on projects in the State Highway System as
9 authorized by s. 339.12(4) upon legislative approval.
10 (f) To pay the cost of economic development
11 transportation projects in accordance with s. 288.063.
12 (g) To lend or pay a portion of the operating,
13 maintenance, and capital costs of a revenue-producing
14 transportation project that is located on the State Highway
15 System or that is demonstrated to relieve traffic congestion
16 on the State Highway System.
17 (h) To match any federal-aid funds allocated for any
18 other transportation purpose, including funds allocated to
19 projects not located in the State Highway System.
20 (i) To pay the cost of county road projects selected
21 in accordance with the Small County Road Assistance Program
22 created in s. 339.2816.
23 (j) To pay the cost of county or municipal road
24 projects selected in accordance with the Local Transportation
25 Management Grant program created pursuant to s. 339.144 County
26 Incentive Grant Program created in s. 339.2817 and the Small
27 County Outreach Program created in s. 339.2818.
28 (k) To provide loans and credit enhancements for use
29 in constructing and improving highway transportation
30 facilities selected in accordance with the state-funded
31 infrastructure bank created in s. 339.55.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 (l) To fund the Regional Transportation Grant projects
2 selected pursuant to s. 339.143 Transportation Outreach
3 Program created in s. 339.137.
4 (m) To pay other lawful expenditures of the
5 department.
6 Section 6. Section 339.1371, Florida Statutes, is
7 amended to read:
8 339.1371 Mobility 2000; Transportation Outreach
9 Program; funding.--
10 (1) Beginning in fiscal year 2000-2001 the Department
11 of Transportation shall allocate sufficient funds to implement
12 the Mobility 2000 (Building Roads for the 21st Century)
13 initiative. The department shall develop a plan to expend
14 these revenues and amend the current tentative work program
15 for the time period 2000-2001 through 2004-2005 prior to
16 adoption to include Mobility 2000 projects. In addition, prior
17 to work program adoption, the department shall submit a budget
18 amendment pursuant to s. 339.135(7), requesting budget
19 authority needed to implement the Mobility 2000 initiative.
20 Funds will be used for corridors that link Florida's economic
21 regions to seaports, international airports, and markets to
22 provide connections through major gateways, improved mobility
23 in major urbanized areas, and access routes for emergency
24 evacuation to coastal communities based on analysis of current
25 and projected traffic conditions.
26 (2) Notwithstanding any other provision of law, in
27 fiscal year 2001-2002 and each year thereafter, the increase
28 in revenue to the State Transportation Trust Fund derived from
29 ss. 1, 2, 3, 7, 9, and 10, ch. 2000-257, Laws of Florida,
30 shall be first used by the Department of Transportation to
31 fund the Mobility 2000 initiative and any remaining funds
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 shall be used to fund the Transportation Outreach Program
2 created pursuant to s. 339.137. Notwithstanding any other law
3 to the contrary, the requirements of ss. 206.46(3) and
4 206.606(2) shall not apply to the Mobility 2000 initiative.
5 Section 7. Subsection (3) of section 215.211, Florida
6 Statutes, is amended to read:
7 215.211 Service charge; elimination or reduction for
8 specified proceeds.--
9 (3) Notwithstanding the provisions of s. 215.20(1),
10 the service charge provided in s. 215.20(1), which is deducted
11 from the proceeds of the local option fuel tax distributed
12 under s. 336.025, shall be reduced as follows:
13 (a) For the period July 1, 2005, through June 30,
14 2006, the rate of the service charge shall be 3.5 percent.
15 (b) Beginning July 1, 2006, and thereafter, no service
16 charge shall be deducted from the proceeds of the local option
17 fuel tax distributed under s. 336.025.
18
19 An amount equal to the reduction in the service charge The
20 increased revenues derived from this subsection shall be
21 deposited in the State Transportation Trust Fund and used to
22 fund the projects selected under the Regional Transportation
23 Act pursuant to s. 339.141 County Incentive Grant Program and
24 the Small County Outreach Program. Up to 20 percent of such
25 funds shall be used for the purpose of implementing the Small
26 County Outreach Program as provided in this act.
27 Notwithstanding any other laws to the contrary, the
28 requirements of ss. 206.46(3), 206.606(2), 339.135, 339.155,
29 and 339.175 shall not apply to these funds and programs.
30 Section 8. Sections 339.137, 339.2817, and 339.2818,
31 Florida Statutes, are repealed.
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2002 HB 1839
198-369-02
1 Section 9. This act shall take effect July 1, 2002.
2
3 *****************************************
4 HOUSE SUMMARY
5
Creates the Regional Transportation Act to provide for
6 grants for funding certain local and regional
transportation projects. See bill for details.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
17
CODING: Words stricken are deletions; words underlined are additions.