House Bill hb1839e1
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CS/HB 1839, First Engrossed
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 program purpose;
5 creating the Regional Transportation Advisory
6 Council; providing for membership, meetings,
7 and staff support of the council; providing
8 duties; requiring recommendation of regional
9 transportation projects; providing criteria and
10 procedures for approval of Regional
11 Transportation Act grant projects; providing
12 for approval by the department secretary, who
13 then submits the list to 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 Regional Transportation Act
24 grants; providing legislative findings and
25 purpose; providing criteria for program
26 eligibility; providing for recommendation by
27 the council and approval by the Legislature;
28 providing for funding; amending s. 339.2817,
29 F.S.; adding new criteria to the COunty
30 Incentive Grant Program;amending s. 339.08,
31 F.S.; revising provisions relating to use of
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CS/HB 1839, First Engrossed
1 moneys in the State Transportation Trust Fund;
2 correcting references; amending s. 339.1371,
3 F.S.; deleting provisions for funding the
4 Transportation Outreach Program; amending s.
5 215.211, F.S.; clarifying intent to use certain
6 local-option fuel tax revenues; specifying
7 funding for the County Incentive Grant Program
8 and the Small County Outreach Program;
9 repealing s. 339.137, F.S., relating to the
10 Transportation Outreach Program; providing
11 funds for certain county incentive programs;
12 providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 339.141, Florida Statutes, is
17 created to read:
18 339.141 Regional Transportation Act; short title;
19 purpose; Regional Transportation Advisory Council; creation;
20 membership; transportation grants; criteria; applications;
21 approval; project lists; funding.--
22 (1) Sections 339.141-339.143 shall be known as the
23 "Regional Transportation Act," dedicated to identifying and
24 funding high-priority regional transportation projects that
25 create intermodal transportation linkages for passengers and
26 freight, thus increasing cost-competitive travel choices for
27 Florida residents, visitors, and businesses.
28 (2) The underlying purposes of the Regional
29 Transportation Act are to identify projects throughout the
30 state that will provide more efficient movement of travelers,
31 goods, and services; assist local governments in developing
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CS/HB 1839, First Engrossed
1 intermodal linkages; promote logical linkages between
2 different modes of transportation; and attract federal, state,
3 local, and private-sector funds to make these improvements.
4 (3) The Regional Transportation Advisory Council is
5 created to make recommendations annually to the Legislature on
6 the selection of projects as provided in this section.
7 Recommendations shall be made for projects seeking Regional
8 Transportation Act grants pursuant to s. 339.143.
9 (4) The council shall consist of:
10 (a) The secretary of the Department of Transportation,
11 or his or her designee.
12 (b) Two members of the Senate appointed by the
13 President of the Senate.
14 (c) Two members of the House of Representatives
15 appointed by the Speaker of the House of Representatives.
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17 Terms for council members from the Legislature shall be 2
18 years, provided that a legislative member's term shall not
19 exceed the term of the presiding officer making that member's
20 appointment to the council. Initial appointments must be made
21 no later than 30 days after the effective date of this act.
22 Vacancies on the council shall be filled in the same manner as
23 the initial appointments.
24 (5) Each member of the council shall be allowed one
25 vote. The council shall select a chair from among its
26 membership. Meetings shall be held at the call of the chair
27 but not less frequently than quarterly. The members of the
28 council shall be reimbursed for per diem and travel expenses
29 as provided in s. 112.061.
30 (6) The Department of Transportation shall provide
31 administrative staff support and shall ensure that council
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CS/HB 1839, First Engrossed
1 meetings are electronically recorded. Such recordings and all
2 documents received, prepared for, or used by the council in
3 conducting its business shall be preserved pursuant to
4 chapters 119 and 257.
5 (7) Applications for Regional Transportation Act
6 funding shall be submitted to the department no later than
7 October 1 of each year, beginning in 2002, along with
8 documentation that the proposed project meets the criteria
9 listed in s. 339.143. Regional Transportation Act projects may
10 be proposed by any local government, regional organization,
11 economic development board, public or private partnership,
12 metropolitan planning organization, state agency, or other
13 entity engaged in economic development activities.
14 (8) The department shall review all of the
15 applications submitted to determine which ones meet the basic
16 criteria listed in s. 339.143(3). By December 1 of each year,
17 beginning in 2002, the department shall submit to the council
18 all of the Regional Transportation Act grant applications that
19 comply. Included in the department's submittal shall be a
20 summary of each eligible grant application, including summary
21 information indicating how the project meets the criteria in
22 s. 339.143(5).
23 (9)(a) The council shall evaluate all of the
24 applications it receives from the department and shall
25 annually develop a list of recommended projects for Regional
26 Transportation Act grants. The council shall then submit its
27 recommended project list to the Secretary of the Department of
28 Transportation for review and inclusion of any additional
29 compilation of supporting documentation. The Secretary shall
30 then submit the approved list to the Legislature for its
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1 consideration in time for inclusion in the General
2 Appropriations Act.
3 (b) In selecting projects for inclusion on its
4 recommended projects list, the council shall consider the
5 additional criteria in s. 339.143(5).
6 (10) The council is encouraged to seek input from
7 transportation or economic development entities and to
8 consider the reports and recommendations of task forces, study
9 commissions, or similar entities charged with reviewing issues
10 relevant to the council's mission.
11 (11) The council's recommended projects list shall not
12 be ranked. The list shall total an amount that is no more than
13 1.5 times the amount of state funding available for the total
14 regional transportation program that fiscal year.
15 (12) The Legislature shall consider the council's
16 recommended projects list and shall include approved projects
17 in the General Appropriations Act. Projects approved by the
18 Legislature must be included in the department's adopted work
19 program.
20 (13) For fiscal years 2003-2004 and 2004-2005, the
21 department shall allocate a minimum of $62 million from the
22 State Transportation Trust Fund in its program and resource
23 plan to fund the programs in ss. 339.141-339.143. For fiscal
24 year 2005-2006, the department shall allocate a minimum of $96
25 million for the program in ss. 339.141-339.143. Beginning in
26 fiscal year 2006-2007 and for each year thereafter, the
27 minimum amount allocated shall be $100 million for projects
28 seeking Regional Transportation Grants. This allocation of
29 funds is in addition to any funding provided to this program
30 by any other provision of law. Notwithstanding any other laws
31 to the contrary, the requirements of ss. 339.135(1)-(5),
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1 339.155, and 339.175 shall not apply to these funds and
2 programs.
3 Section 2. Section 339.142, Florida Statutes, is
4 created to read:
5 339.142 Regional transportation corridors.--
6 (1) A "regional transportation corridor" is defined as
7 a regional system of transportation infrastructure that
8 collectively provides for the efficient movement of
9 significant numbers of persons and significant volumes of
10 intrastate, interstate, and international commerce by
11 seamlessly linking multiple modes of travel.
12 (2) Florida's initial regional transportation
13 corridors are:
14 (a) The Interstate 10 Corridor, from Pensacola to
15 Jacksonville.
16 (b) The Gulf Coast Corridor, from Pensacola to St.
17 Petersburg and to Tampa along U.S. 98 and U.S. 19/State Road
18 27.
19 (c) The Interstate 95-Atlantic Coast Corridor, from
20 Jacksonville to Miami.
21 (d) The Central Florida/North-South Corridor, from the
22 Florida-Georgia border to Naples and Fort Lauderdale/Miami,
23 along Interstate 75.
24 (e) The Central Florida/East-West Corridor, from St.
25 Petersburg to Tampa and to Titusville, along Interstate 4 and
26 the Beeline Expressway.
27 (f) The Jacksonville to Tampa Corridor, along U.S.
28 301.
29 (g) The Jacksonville to Orlando Corridor, along U.S.
30 17.
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1 (h) The Southeastern Everglades Corridor, linking
2 Wildwood, Winter Garden, Orlando, and West Palm Beach via the
3 Florida Turnpike.
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5 For the purposes of this subsection, the term "corridor"
6 includes the roadways linking seaports, commercial service and
7 general aviation airports, rail yards, transportation
8 terminals, and intermodal service centers to the major
9 highways listed in this subsection to designate regional
10 corridors.
11 (3) The Regional Transportation Advisory Council is
12 authorized to make additions to, deletions from, or
13 modifications to the initially designated corridors listed in
14 subsection (2). These changes shall be accomplished through
15 adoption of a resolution by majority vote of the council
16 indicating the changes to the corridors. The department may
17 provide input to the council regarding proposed changes to the
18 corridors, including the results of any consensus-building
19 process undertaken by the department to better define regional
20 transportation corridors. In addition, any of the entities
21 eligible to submit an application for a Regional
22 Transportation Act grant pursuant to s. 339.141(7)(a) may
23 propose corridor changes to the council. The council shall
24 provide any such adopted resolutions to the Governor, the
25 President of the Senate, and the Speaker of the House of
26 Representatives.
27 Section 3. Section 339.143, Florida Statutes, is
28 created to read:
29 339.143 Regional Transportation Act grants.--
30 (1) The Legislature finds that Florida's future
31 regional investments in transportation should be targeted
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1 toward a regional transportation system that integrates key
2 components of the Florida Intrastate Highway System, seaports,
3 spaceports, aviation facilities, and rail facilities within
4 designated corridors. The Legislature further finds that
5 Florida's future economic health depends on a system that can
6 successfully move growing numbers of residents and tourists
7 and transport goods and services within Florida, as well as to
8 and from national and international markets. Therefore, the
9 Legislature creates Regional Transportation Act grants to
10 address these needs and to supplement existing related
11 transportation programs.
12 (2) Projects eligible to receive Regional
13 Transportation Act grants include, but are not limited to, the
14 following:
15 (a) Seaport projects that improve cargo and passenger
16 movements or connect the seaports to other modes of
17 transportation.
18 (b) Aviation projects that increase passenger
19 enplanements and cargo activity or connect airports to other
20 modes of transportation.
21 (c) Transit projects that improve mobility on
22 interstate highways, improve regional or localized travel, or
23 connect to other modes of transportation.
24 (d) Rail projects that facilitate the movement of
25 passengers and cargo, including ancillary pedestrian
26 facilities, or connect rail facilities to other modes of
27 transportation.
28 (e) Road or highway improvements that improve access
29 to another mode of transportation.
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1 (f) Roadway relocation projects or other projects that
2 address vehicle user conflicts, access issues, or safety
3 concerns with rail lines.
4 (3) The basic criteria for receipt of a Regional
5 Transportation Act grant are as follows:
6 (a) The project must be able to be made production
7 ready within a 5-year period following the end of the current
8 fiscal year.
9 (b) The project must be consistent with a current
10 transportation system plan, including, but not limited to, the
11 Florida Intrastate Highway System, aviation, intermodal/rail,
12 seaport, spaceport, or transit system plans.
13 (c) The project must not be inconsistent with an
14 approved local comprehensive plan of any local government
15 within whose boundaries the project is located in whole or in
16 part, or, if inconsistent, must be accompanied by an
17 explanation of why the project should be undertaken.
18 (d) The project must be of statewide or regional
19 significance.
20 (e) The project must facilitate the movement of
21 people, goods, and services within a regional transportation
22 corridor designated pursuant to s. 339.142.
23 (f) The project must encourage, enhance, or create
24 economic benefits in urban or rural areas.
25 (4) Eligible projects that meet the basic criteria in
26 subsection (3) as determined by the department shall be
27 forwarded by the department to the Regional Transportation
28 Council for evaluation.
29 (5) The council shall use the following criteria for
30 selecting projects for its recommended projects list:
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CS/HB 1839, First Engrossed
1 (a) Whether other funds are available to help complete
2 the project.
3 (b) The amount of local, federal, or private matching
4 funds available for the project.
5 (c) The extent to which the project incorporates
6 corridor management techniques, including access management
7 strategies, right-of-way acquisition or protection measures,
8 and appropriate zoning and setback controls.
9 (d) The extent to which the project supports a
10 multimodal transportation district established pursuant to s.
11 163.3180(15).
12 (e) The extent to which the project uses new
13 technologies, including intelligent transportation systems, to
14 enhance the efficiency of the transportation system.
15 (6) Pursuant to s. 339.141, the Regional
16 Transportation Advisory Council shall develop a list of
17 recommended regional transportation projects and submit it to
18 the Secretary of the Department of Transportation, who, after
19 reviewing it and its supporting documentation, shall forward
20 it to the Legislature. The Legislature shall consider the
21 council's recommended projects list and shall include approved
22 projects in the General Appropriations Act.
23 Section 4. Subsections (2), (3) and (6) of section
24 339.2817, Florida Statutes, are amended to read:
25 339.2817 County Incentive Grant Program.--
26 (2) To be eligible for consideration, projects must be
27 consistent with applicable local government comprehensive
28 plans and, to the maximum extent feasible, with local
29 metropolitan planning organization plans and local government
30 comprehensive plans.
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1 (3) The department must consider, but is not limited
2 to, the following criteria for evaluation of projects for
3 County Incentive Grant Program assistance:
4 (a) The extent to which the project will encourage,
5 enhance, or create economic benefits;
6 (b) The likelihood that assistance would enable the
7 project to proceed at an earlier date than the project could
8 otherwise proceed;
9 (c) The extent to which assistance would foster
10 innovative public-private partnerships and attract private
11 debt or equity investment;
12 (d) The extent to which the project uses new
13 technologies, including intelligent transportation systems,
14 which enhance the efficiency of the project;
15 (e) The extent to which the project helps to maintain
16 or protect the environment; and
17 (f) The extent to which the project includes
18 transportation benefits for improving intermodalism and
19 safety;.
20 (g) The extent to which the county has enacted
21 local-option fuel taxes and other dedicated local revenue
22 sources or adopted the 1-percent infrastructure sales surtax
23 or the small county surtax, with priority spending dedicated
24 to transportation improvements; and
25 (h) The extent to which the project incorporates
26 corridor management techniques, including access management
27 strategies, right-of-way acquisition or protection measures,
28 and appropriate zoning and setback controls.
29 (6) A municipality may apply to the county in which
30 the municipality is located for consideration by the county
31 for funding under this section of any project or project phase
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1 of a transportation facility which is located on the State
2 Highway System or which is demonstrated to relieve congestion
3 on the State Highway System. The county must evaluate all
4 municipal applications as provided in subsection (3). If the
5 proposed project is determined by the county to meet the
6 criteria in subsection (3), the county shall send the
7 application to the department on behalf of the municipality.
8 If the proposed project is approved by the department, the
9 county may retain project oversight authority and
10 responsibility for the project on behalf of the municipality.
11 If a municipality's proposed project is rejected by the county
12 for funding under this section, or if the county's proposed
13 project adversely affects a municipality within the county,
14 the municipality may request mediation to resolve any concerns
15 of the municipality and the county.
16 Section 5. Subsections (1) and (2) of section 339.08,
17 Florida Statutes, are amended to read:
18 339.08 Use of moneys in State Transportation Trust
19 Fund.--
20 (1) The department shall expend by rule provide for
21 the expenditure of the moneys in the State Transportation
22 Trust Fund accruing to the department, in accordance with its
23 annual budget.
24 (2) These rules must restrict The use of such moneys
25 is restricted to the following purposes:
26 (l) To fund the Regional Transportation Grant
27 projects selected pursuant to s. 339.143 Transportation
28 Outreach Program created in s. 339.137.
29 Section 6. Section 339.1371, Florida Statutes, is
30 amended to read:
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1 339.1371 Mobility 2000; Transportation Outreach
2 Program; funding.--
3 (1) Beginning in fiscal year 2000-2001 the
4 Department of Transportation shall allocate sufficient funds
5 to implement the Mobility 2000 (Building Roads for the 21st
6 Century) initiative. The department shall develop a plan to
7 expend these revenues and amend the current tentative work
8 program for the time period 2000-2001 through 2004-2005 prior
9 to adoption to include Mobility 2000 projects. In addition,
10 prior to work program adoption, the department shall submit a
11 budget amendment pursuant to s. 339.135(7), requesting budget
12 authority needed to implement the Mobility 2000 initiative.
13 Funds will be used for corridors that link Florida's economic
14 regions to seaports, international airports, and markets to
15 provide connections through major gateways, improved mobility
16 in major urbanized areas, and access routes for emergency
17 evacuation to coastal communities based on analysis of current
18 and projected traffic conditions.
19 (2) Notwithstanding any other provision of law, in
20 fiscal year 2001-2002 and each year thereafter, the increase
21 in revenue to the State Transportation Trust Fund derived from
22 ss. 1, 2, 3, 7, 9, and 10, ch. 2000-257, Laws of Florida,
23 shall be first used by the Department of Transportation to
24 fund the Mobility 2000 initiative and any remaining funds
25 shall be used to fund the Transportation Outreach Program
26 created pursuant to s. 339.137. Notwithstanding any other law
27 to the contrary, the requirements of ss. 206.46(3) and
28 206.606(2) shall not apply to the Mobility 2000 initiative.
29 Section 7. Subsection (3) of section 215.211, Florida
30 Statutes, is amended to read:
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1 215.211 Service charge; elimination or reduction for
2 specified proceeds.--
3 (3) Notwithstanding the provisions of s. 215.20(1),
4 the service charge provided in s. 215.20(1), which is deducted
5 from the proceeds of the local option fuel tax distributed
6 under s. 336.025, shall be reduced as follows:
7 (a) For the period July 1, 2005, through June 30,
8 2006, the rate of the service charge shall be 3.5 percent.
9 (b) Beginning July 1, 2006, and thereafter, no service
10 charge shall be deducted from the proceeds of the local option
11 fuel tax distributed under s. 336.025.
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13 An amount equal to the reduction in the service charge The
14 increased revenues derived from this subsection shall be
15 deposited in the State Transportation Trust Fund and used to
16 fund the County Incentive Grant Program and the Small County
17 Outreach Program. Up to 20 percent of such funds shall be used
18 for the purpose of implementing the Small County Outreach
19 Program as provided in this act. Notwithstanding any other
20 laws to the contrary, the requirements of ss. 206.46(3),
21 206.606(2), 339.135(1)-(5), 339.155, and 339.175 shall not
22 apply to these funds and programs.
23 Section 8. For fiscal years 2003-2004 and 2004-2005,
24 the department shall allocate a maximum of $30 million to
25 projects seeking County Incentive Grant Program grants and
26 Small County Outreach Program grants. Up to 20 percent of such
27 funds shall be used for the purpose of implementing the Small
28 County Outreach Program. For fiscal year 2005-2006, the
29 department shall allocate a maximum of $4 million to projects
30 seeking County Incentive Program grants and Small County
31 Outreach Program grants. Up to 20 percent of such funds shall
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1 be used for the purpose of implementing the Small County
2 Outreach Program.
3 Section 9. Section 339.137, Florida Statutes, is
4 repealed.
5 Section 10. This act shall take effect July 1, 2002.
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