House Bill hb1839c1
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Florida House of Representatives - 2002 CS/HB 1839
By the Committees on Transportation & Economic Development
Appropriations, Transportation and Representatives Goodlette,
Russell and Johnson
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
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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.
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19 Be It Enacted by the Legislature of the State of Florida:
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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
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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.
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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
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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
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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 ss. 339.141-339.144. Of that
7 amount, a minimum of $62 million shall be awarded to projects
8 seeking Regional Transportation Grants. A maximum of $30
9 million shall be awarded to projects seeking Local
10 Transportation Management Grants. For fiscal year 2005-2006,
11 the department shall allocate a minimum of $100 million for
12 the programs in ss. 339.141-339.144. Of that amount, a maximum
13 of $4 million shall be awarded to projects seeking Local
14 Transportation Management Grants. Beginning in fiscal year
15 2006-2007 and for each year thereafter, the minimum amount
16 allocated shall be $100 million for projects seeking Regional
17 Transportation Grants. This allocation of funds is in addition
18 to any funding provided to this program by any other provision
19 of law. Notwithstanding any other laws to the contrary, the
20 requirements of ss. 339.135(1)-(5), 339.155, and 339.175 shall
21 not apply to these funds and programs.
22 Section 2. Section 339.142, Florida Statutes, is
23 created to read:
24 339.142 Regional transportation corridors.--
25 (1) A "regional transportation corridor" is defined as
26 a regional system of transportation infrastructure that
27 collectively provides for the efficient movement of
28 significant numbers of persons and significant volumes of
29 intrastate, interstate, and international commerce by
30 seamlessly linking multiple modes of travel.
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1 (2) Florida's initial regional transportation
2 corridors are:
3 (a) The Interstate 10 Corridor, from Pensacola to
4 Jacksonville.
5 (b) The Gulf Coast Corridor, from Pensacola to Tampa
6 along U.S. 98 and U.S. 19/State Road 27.
7 (c) The Interstate 95-Atlantic Coast Corridor, from
8 Jacksonville to Miami.
9 (d) The Central Florida/North-South Corridor, from the
10 Florida-Georgia border to Naples and Fort Lauderdale/Miami,
11 along Interstate 75.
12 (e) The Central Florida/East-West Corridor, from Tampa
13 to Titusville, along Interstate 4 and the Beeline Expressway.
14 (f) The Jacksonville to Tampa Corridor, along U.S.
15 301.
16 (g) The Jacksonville to Orlando Corridor, along U.S.
17 17.
18 (h) The Southeastern Everglades Corridor, linking
19 Wildwood, Winter Garden, Orlando, and West Palm Beach via the
20 Florida Turnpike.
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22 For the purposes of this subsection, the term "corridor"
23 includes the roadways linking seaports, commercial service and
24 general aviation airports, rail yards, transportation
25 terminals, and intermodal service centers to the major
26 highways listed in this subsection to designate regional
27 corridors.
28 (3) The Regional Transportation Council is authorized
29 to make additions to, deletions from, or modifications to the
30 initially designated corridors listed in subsection (2). These
31 changes shall be accomplished through adoption of a resolution
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1 by majority vote of the council indicating the changes to the
2 corridors. The department may provide input to the council
3 regarding proposed changes to the corridors, including the
4 results of any consensus-building process undertaken by the
5 department to better define regional transportation corridors.
6 In addition, any of the entities eligible to submit an
7 application for a Regional Transportation Grant pursuant to s.
8 339.141(7)(a) may propose corridor changes to the council. The
9 council shall provide any such adopted resolutions to the
10 Governor, the President of the Senate, and the Speaker of the
11 House of Representatives.
12 Section 3. Section 339.143, Florida Statutes, is
13 created to read:
14 339.143 Regional Transportation Grant program.--
15 (1) The Legislature finds that Florida's future
16 regional investments in transportation should be targeted
17 toward a regional transportation system that integrates key
18 components of the Florida Intrastate Highway System, seaports,
19 spaceports, aviation facilities, and rail facilities within
20 designated corridors. The Legislature further finds that
21 Florida's future economic health depends on a system that can
22 successfully move growing numbers of residents and tourists
23 and transport goods and services within Florida, as well as to
24 and from national and international markets. Therefore, the
25 Legislature creates the Regional Transportation Grant program
26 to address these needs and to supplement existing related
27 transportation programs.
28 (2) Projects eligible to receive Regional
29 Transportation Grants include, but are not limited to, the
30 following:
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1 (a) Seaport projects that improve cargo and passenger
2 movements or connect the seaports to other modes of
3 transportation.
4 (b) Aviation projects that increase passenger
5 enplanements and cargo activity or connect airports to other
6 modes of transportation.
7 (c) Transit projects that improve mobility on
8 interstate highways, improve regional or localized travel, or
9 connect to other modes of transportation.
10 (d) Rail projects that facilitate the movement of
11 passengers and cargo, including ancillary pedestrian
12 facilities, or connect rail facilities to other modes of
13 transportation.
14 (e) Road or highway improvements that improve access
15 to another mode of transportation.
16 (f) Roadway relocation projects or other projects that
17 address vehicle user conflicts, access issues, or safety
18 concerns with rail lines.
19 (3) The basic criteria for receipt of a Regional
20 Transportation Grant are as follows:
21 (a) The project must be able to be made production
22 ready within a 5-year period following the end of the current
23 fiscal year.
24 (b) The project must be consistent with a current
25 transportation system plan, including, but not limited to, the
26 Florida Intrastate Highway System, aviation, intermodal/rail,
27 seaport, spaceport, or transit system plans.
28 (c) The project must not be inconsistent with an
29 approved local comprehensive plan of any local government
30 within whose boundaries the project is located in whole or in
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1 part, or, if inconsistent, must be accompanied by an
2 explanation of why the project should be undertaken.
3 (d) The project must be of statewide or regional
4 significance.
5 (e) The project must facilitate the movement of
6 people, goods, and services within a regional transportation
7 corridor designated pursuant to s. 339.142.
8 (f) The project must encourage, enhance, or create
9 economic benefits in urban or rural areas.
10 (4) Eligible projects that meet the basic criteria in
11 subsection (3) as determined by the department shall be
12 forwarded by the department to the Regional Transportation
13 Council for evaluation.
14 (5) The council shall use the following criteria for
15 selecting projects for its recommended projects list:
16 (a) Whether other funds are available to help complete
17 the project.
18 (b) The amount of local, federal, or private matching
19 funds available for the project.
20 (c) The extent to which the project incorporates
21 corridor management techniques, including access management
22 strategies, right-of-way acquisition or protection measures,
23 and appropriate zoning and setback controls.
24 (d) The extent to which the project supports a
25 multimodal transportation district established pursuant to s.
26 163.3180(15).
27 (e) The extent to which the project uses new
28 technologies, including intelligent transportation systems, to
29 enhance the efficiency of the transportation system.
30 (6) Pursuant to s. 339.141, the Regional
31 Transportation Council shall develop a list of recommended
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1 regional transportation projects and submit it to the
2 Legislature. The Legislature shall consider the council's
3 recommended projects list and shall include approved projects
4 in the General Appropriations Act.
5 Section 4. Section 339.144, Florida Statutes, is
6 created to read:
7 339.144 Local Transportation Management Grant
8 program.--
9 (1) The Legislature finds that while planning and
10 financing a statewide transportation system is of primary
11 importance to Florida's economic well-being and public safety,
12 the state also has a responsibility to share in the costs of
13 addressing the mobility needs of Florida's local and
14 metropolitan areas. The Legislature further finds that a local
15 transportation management grant program, in conjunction with
16 other existing programs, is necessary to financially assist
17 local governments in planning and building transportation
18 systems that encourage sound planning practices, promote
19 economic development, and encourage connectivity with state
20 transportation infrastructure. Therefore, the Legislature
21 creates the Local Transportation Management Grant program.
22 (2) The basic criteria for receipt of a Local
23 Transportation Management Grant are as follows:
24 (a) The project must be able to be made production
25 ready within a 5-year period following the end of the current
26 fiscal year.
27 (b) The project must be consistent with a current
28 state, regional, or local transportation system plan.
29 (c) The project must not be inconsistent with an
30 approved local comprehensive plan of any local government
31 within whose boundaries the project is located in whole or in
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1 part, or, if inconsistent, must be accompanied by an
2 explanation of why the project should be undertaken.
3 (3) Projects that meet the basic criteria in
4 subsection (2) as determined by the department shall be
5 forwarded by the department to the appropriate legislative
6 delegation. The delegation shall evaluate the applications for
7 projects within its particular county based on the following
8 criteria:
9 (a) The extent to which the project provides
10 intermodal access benefits.
11 (b) The extent to which the project facilitates the
12 movement of people, goods, and services on a designated
13 regional transportation corridor.
14 (c) The extent to which the project encourages,
15 enhances, or creates economic benefits in urban or rural
16 areas.
17 (d) The extent to which the county has enacted local
18 option fuel taxes and other dedicated local revenue sources or
19 adopted the 1-percent infrastructure sales surtax or the small
20 county surtax, with priority spending dedicated to
21 transportation improvements.
22 (e) The extent to which the project helps to maintain
23 or protect the environment, enhances existing public
24 investments in transportation infrastructure, or encourages
25 redevelopment and revitalization of downtown areas.
26 (f) Whether other funds are available to help complete
27 the project.
28 (g) The amount of local, federal, or private matching
29 funds available for the project.
30 (h) The extent to which the project incorporates
31 corridor management techniques, including access management
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1 strategies, right-of-way acquisition or protection measures,
2 and appropriate zoning and setback controls.
3 (i) The extent to which the project supports a
4 multimodal transportation district established pursuant to s.
5 163.3180(15).
6 (j) The extent to which the project uses new
7 technologies, including intelligent transportation systems, to
8 enhance the efficiency of the transportation system.
9 (k) The extent to which the project serves as an
10 evacuation route, handles high levels of agricultural travel,
11 or is considered a major arterial route. For projects under
12 this paragraph, the physical condition of the road also may be
13 considered.
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15 Each legislative delegation shall rank its county's projects
16 and send its list of rankings to the Regional Transportation
17 Council by January 15 of each year, beginning in 2003.
18 (4) Pursuant to s. 339.141, the Regional
19 Transportation Council shall develop an unranked list of
20 recommended Local Transportation Management Grant projects,
21 based on its evaluation of the criteria in subsection (3) and
22 the recommendations from the county legislative delegations.
23 The council shall submit the recommended projects list to the
24 Legislature by February 15 of each year, beginning in 2003.
25 The Legislature shall consider the council's recommended
26 projects list and shall include approved projects in the
27 General Appropriations Act.
28 (5) The grant program shall provide a 50-percent state
29 match for project costs of selected projects within a county
30 with a population of 75,000 or more, and a 75-percent match
31 for projects within counties with a population of less than
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1 75,000. The match requirement may be waived for rural areas
2 pursuant to s. 288.06561.
3 Section 5. Subsections (1) and (2) of section 339.08,
4 Florida Statutes, are amended to read:
5 339.08 Use of moneys in State Transportation Trust
6 Fund.--
7 (1) The department shall expend by rule provide for
8 the expenditure of the moneys in the State Transportation
9 Trust Fund accruing to the department, in accordance with its
10 annual budget.
11 (2) These rules must restrict The use of such moneys
12 is restricted to the following purposes:
13 (a) To pay administrative expenses of the department,
14 including administrative expenses incurred by the several
15 state transportation districts, but excluding administrative
16 expenses of commuter rail authorities that do not operate rail
17 service.
18 (b) To pay the cost of construction of the State
19 Highway System.
20 (c) To pay the cost of maintaining the State Highway
21 System.
22 (d) To pay the cost of public transportation projects
23 in accordance with chapter 341 and ss. 332.003-332.007.
24 (e) To reimburse counties or municipalities for
25 expenditures made on projects in the State Highway System as
26 authorized by s. 339.12(4) upon legislative approval.
27 (f) To pay the cost of economic development
28 transportation projects in accordance with s. 288.063.
29 (g) To lend or pay a portion of the operating,
30 maintenance, and capital costs of a revenue-producing
31 transportation project that is located on the State Highway
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1 System or that is demonstrated to relieve traffic congestion
2 on the State Highway System.
3 (h) To match any federal-aid funds allocated for any
4 other transportation purpose, including funds allocated to
5 projects not located in the State Highway System.
6 (i) To pay the cost of county road projects selected
7 in accordance with the Small County Road Assistance Program
8 created in s. 339.2816.
9 (j) To pay the cost of county or municipal road
10 projects selected in accordance with the Local Transportation
11 Management Grant program created pursuant to s. 339.144 County
12 Incentive Grant Program created in s. 339.2817 and the Small
13 County Outreach Program created in s. 339.2818.
14 (k) To provide loans and credit enhancements for use
15 in constructing and improving highway transportation
16 facilities selected in accordance with the state-funded
17 infrastructure bank created in s. 339.55.
18 (l) To fund the Regional Transportation Grant projects
19 selected pursuant to s. 339.143 Transportation Outreach
20 Program created in s. 339.137.
21 (m) To pay other lawful expenditures of the
22 department.
23 Section 6. Section 339.1371, Florida Statutes, is
24 amended to read:
25 339.1371 Mobility 2000; Transportation Outreach
26 Program; funding.--
27 (1) Beginning in fiscal year 2000-2001 the Department
28 of Transportation shall allocate sufficient funds to implement
29 the Mobility 2000 (Building Roads for the 21st Century)
30 initiative. The department shall develop a plan to expend
31 these revenues and amend the current tentative work program
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1 for the time period 2000-2001 through 2004-2005 prior to
2 adoption to include Mobility 2000 projects. In addition, prior
3 to work program adoption, the department shall submit a budget
4 amendment pursuant to s. 339.135(7), requesting budget
5 authority needed to implement the Mobility 2000 initiative.
6 Funds will be used for corridors that link Florida's economic
7 regions to seaports, international airports, and markets to
8 provide connections through major gateways, improved mobility
9 in major urbanized areas, and access routes for emergency
10 evacuation to coastal communities based on analysis of current
11 and projected traffic conditions.
12 (2) Notwithstanding any other provision of law, in
13 fiscal year 2001-2002 and each year thereafter, the increase
14 in revenue to the State Transportation Trust Fund derived from
15 ss. 1, 2, 3, 7, 9, and 10, ch. 2000-257, Laws of Florida,
16 shall be first used by the Department of Transportation to
17 fund the Mobility 2000 initiative and any remaining funds
18 shall be used to fund the Transportation Outreach Program
19 created pursuant to s. 339.137. Notwithstanding any other law
20 to the contrary, the requirements of ss. 206.46(3) and
21 206.606(2) shall not apply to the Mobility 2000 initiative.
22 Section 7. Subsection (3) of section 215.211, Florida
23 Statutes, is amended to read:
24 215.211 Service charge; elimination or reduction for
25 specified proceeds.--
26 (3) Notwithstanding the provisions of s. 215.20(1),
27 the service charge provided in s. 215.20(1), which is deducted
28 from the proceeds of the local option fuel tax distributed
29 under s. 336.025, shall be reduced as follows:
30 (a) For the period July 1, 2005, through June 30,
31 2006, the rate of the service charge shall be 3.5 percent.
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1 (b) Beginning July 1, 2006, and thereafter, no service
2 charge shall be deducted from the proceeds of the local option
3 fuel tax distributed under s. 336.025.
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5 An amount equal to the reduction in the service charge The
6 increased revenues derived from this subsection shall be
7 deposited in the State Transportation Trust Fund and used to
8 fund the projects selected under the Local Transportation
9 Management Grant program created pursuant to s. 339.144 County
10 Incentive Grant Program and the Small County Outreach Program.
11 Up to 20 percent of such funds shall be used for the purpose
12 of implementing the Small County Outreach Program as provided
13 in this act. Notwithstanding any other laws to the contrary,
14 the requirements of ss. 206.46(3), 206.606(2), 339.135(1)-(5),
15 339.155, and 339.175 shall not apply to these funds and
16 programs.
17 Section 8. Sections 339.137, 339.2817, and 339.2818,
18 Florida Statutes, are repealed.
19 Section 9. This act shall take effect July 1, 2002.
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