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.

13

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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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                                       CS/HB 1839, First Engrossed



  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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