HB 1425 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to metropolitan planning organizations;
12	amending s. 120.52, F.S.; revising the definition of
13	"agency" for the purposes of the Administrative Procedure
14	Act; providing that certain metropolitan planning
15	organizations and certain described legal or
16	administrative agencies are not agencies for the purposes
17	of that act; amending s. 339.175, F.S.; clarifying a
18	provision that M.P.O.'s be designated for each urbanized
19	area; revising membership provisions; revising provisions
20	for chair's coordinating committees; providing for a
21	chair's coordinating committee consisting of designated
22	M.P.O.'s; providing legislative findings; authorizing an
23	M.P.O. to enter into interlocal agreement with any other
24	M.P.O. or any political subdivision for described
25	purposes; providing for content of such agreement;
26	providing conditions for such agreement to take effect;
27	providing for recording of such agreements in public
28	records; providing an effective date.
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30	WHEREAS, in pursuit of the implementation of federal law
31	and pursuant to s. 339.175, Florida Statutes, metropolitan
32	planning organizations (M.P.O.'s) are created by interlocal
33	agreement between the Department of Transportation, acting on
34	behalf of the Office of the Governor, and various local
35	government entities primarily, including counties and
36	municipalities, and
37	WHEREAS, local governments, such as counties and
38	municipalities, are not "agencies" pursuant to, and are
39	consequently exempt from, chapter 120, Florida Statutes, the
40	Administrative Procedure Act, and
41	WHEREAS, it is only because the Department of
42	Transportation, a state agency subject to the Administrative
43	Procedure Act, is a party to the interlocal agreement creating
44	M.P.O.'s that M.P.O.'s are defined as "agencies" pursuant to the
45	Administrative Procedure Act, and therefore made subject to the
46	act, and
47	WHEREAS, most M.P.O.'s have jurisdiction within only a
48	single county, and
49	WHEREAS, M.P.O.'s are essentially nonregulatory
50	organizations, and
51	WHEREAS, most of the membership of an M.P.O. consists of
52	county commissioners and city commissioners, and
53	WHEREAS, citizens, attorneys, and others dealing with
54	M.P.O.'s are generally unfamiliar with the Administrative
55	Procedure Act, and
56	WHEREAS, the Administrative Procedure Act has caused
57	confusion and created additional bureaucracy for local
58	government officials and the general public, a result that the
59	act was specifically intended to avoid, and
60	WHEREAS, because of the essentially nonregulatory, local
61	governmental nature of M.P.O.'s, M.P.O.'s and citizens dealing
62	with M.P.O.'s will be better served by having M.P.O.'s exempted
63	from the Administrative Procedure Act, and
64	WHEREAS, towards the implementation of federal law and
65	pursuant to s. 339.175, Florida Statutes, providing for the
66	creation of Metropolitan Planning Organizations "to encourage
67	and promote the safe and efficient management, operation, and
68	development of surface transportation systems that will serve
69	the mobility needs of people and freight within and through
70	urbanized areas of this state while minimizing transportation-
71	related fuel consumption and air pollution," and
72	WHEREAS, Florida law provides for various local
73	governmental entities (primarily counties, municipalities, and
74	certain intermodal agencies) to combine together as an M.P.O.
75	for transportation planning and development purposes, and
76	WHEREAS, Florida law provides for all M.P.O.'s to combine
77	as a statewide council to collectively provide for
78	transportation planning and development purposes, and
79	WHEREAS, there is no specific provision of state law which
80	specifically provides for individual M.P.O.'s or local
81	governmental entities to join together for the purpose of
82	coordinating transportation planning and development on a
83	regional basis, and
84	WHEREAS, it is the purpose of this act to provide a
85	nonexclusive means for individual M.P.O.'s and local
86	governmental entities to work together for the purpose of
87	coordinating transportation planning and development on a
88	regional basis, and
89	WHEREAS, it is the intent of the Legislature that this act
90	shall in no way limit other legal methods or procedures
91	currently existing or which may hereinafter be provided for
92	permitting M.P.O.'s and local governmental entities to join
93	together for the purpose of coordinating transportation planning
94	and development on a regional basis, NOW, THEREFORE,
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96	Be It Enacted by the Legislature of the State of Florida:
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98	Section 1. Subsection (1) of section 120.52, Florida
99	Statutes, is amended to read:
100	120.52 Definitions.--As used in this act:
101	(1) "Agency" means:
102	(a) The Governor in the exercise of all executive powers
103	other than those derived from the constitution.
104	(b) Each:
105	1. State officer and state department, and each
106	departmental unit described in s. 20.04.
107	2. Authority, including a regional water supply authority.
108	3. Board.
109	4. Commission, including the Commission on Ethics and the
110	Fish and Wildlife Conservation Commission when acting pursuant
111	to statutory authority derived from the Legislature.
112	5. Regional planning agency.
113	6. Multicounty special district with a majority of its
114	governing board comprised of nonelected persons.
115	7. Educational units.
116	8. Entity described in chapters 163, 373, 380, and 582 and
117	s. 186.504.
118	(c) Each other unit of government in the state, including
119	counties and municipalities, to the extent they are expressly
120	made subject to this act by general or special law or existing
121	judicial decisions.
122
123	This definition does not include any legal entity or agency
124	created in whole or in part pursuant to chapter 361, part II, a
125	metropolitan planning organization created pursuant to s.
126	339.175, any separate legal or administrative entity of which a
127	metropolitan planning organization is a member, which separate
128	legal or administrative entity is created pursuant to s.
129	339.175,an expressway authority pursuant to chapter 348, any
130	legal or administrative entity created by an interlocal
131	agreement pursuant to s. 163.01(7), unless any party to such
132	agreement is otherwise an agency as defined in this subsection,
133	or any multicounty special district with a majority of its
134	governing board comprised of elected persons; however, this
135	definition shall include a regional water supply authority.
136	Section 2. Paragraph (a) of subsection (1), paragraph (b)
137	of subsection (2), and paragraph (h) of subsection (5) of
138	section 339.175, Florida Statutes, are amended, and paragraph
139	(i) is added to said subsection (5), to read:
140	339.175 Metropolitan planning organization.--It is the
141	intent of the Legislature to encourage and promote the safe and
142	efficient management, operation, and development of surface
143	transportation systems that will serve the mobility needs of
144	people and freight within and through urbanized areas of this
145	state while minimizing transportation-related fuel consumption
146	and air pollution. To accomplish these objectives, metropolitan
147	planning organizations, referred to in this section as M.P.O.'s,
148	shall develop, in cooperation with the state and public transit
149	operators, transportation plans and programs for metropolitan
150	areas. The plans and programs for each metropolitan area must
151	provide for the development and integrated management and
152	operation of transportation systems and facilities, including
153	pedestrian walkways and bicycle transportation facilities that
154	will function as an intermodal transportation system for the
155	metropolitan area, based upon the prevailing principles provided
156	in s. 334.046(1). The process for developing such plans and
157	programs shall provide for consideration of all modes of
158	transportation and shall be continuing, cooperative, and
159	comprehensive, to the degree appropriate, based on the
160	complexity of the transportation problems to be addressed.
161	(1) DESIGNATION.--
162	(a)1. An M.P.O. shall be designated for each urbanized
163	area of the state; however, this provision shall not require
164	that an individual M.P.O. be designated for each individual
165	urbanized area of the state. Such designation shall be
166	accomplished by agreement between the Governor and units of
167	general-purpose local government representing at least 75
168	percent of the population of the urbanized area; however, the
169	unit of general-purpose local government that represents the
170	central city or cities within the M.P.O. jurisdiction, as
171	defined by the United States Bureau of the Census, must be a
172	party to such agreement.
173	2. More than one M.P.O. may be designated within an
174	existing metropolitan planning area only if the Governor and the
175	existing M.P.O. determine that the size and complexity of the
176	existing metropolitan planning area makes the designation of
177	more than one M.P.O. for the area appropriate.
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179	Each M.P.O. required under this section must be fully operative
180	no later than 6 months following its designation.
181	(2) VOTING MEMBERSHIP.--
182	(b) In metropolitan areas in which authorities or other
183	agencies have been or may be created by law to perform
184	transportation functions and are performing transportation
185	functionsthat are not under the jurisdiction of a general
186	purpose local government represented on the M.P.O., they shall
187	be provided voting membership on the M.P.O. In all other
188	M.P.O.'s where transportation authorities or agencies are to be
189	represented by elected officials from general purpose local
190	governments, the M.P.O. shall establish a process by which the
191	collective interests of such authorities or other agencies are
192	expressed and conveyed.
193	(5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
194	privileges, and authority of an M.P.O. are those specified in
195	this section or incorporated in an interlocal agreement
196	authorized under s. 163.01. Each M.P.O. shall perform all acts
197	required by federal or state laws or rules, now and subsequently
198	applicable, which are necessary to qualify for federal aid. It
199	is the intent of this section that each M.P.O. shall be involved
200	in the planning and programming of transportation facilities,
201	including, but not limited to, airports, intercity and high-
202	speed rail lines, seaports, and intermodal facilities, to the
203	extent permitted by state or federal law.
204	(h) There shall exist a chair's coordinating committee
205	consisting of the M.P.O.'s serving Hernando, Hillsborough,
206	Manatee, Pasco, Pinellas, Polk, and Sarasota CountiesAny group
207	of M.P.O.'s which has created a chair's coordinating committee
208	as of the effective date of this act and is located within the
209	same Department of Transportation District which is comprised of
210	four adjacent M.P.O.'s must continue such committee as provided
211	for in this section. Such committee must also include one
212	representative from each M.P.O. contiguous to the geographic
213	boundaries of the original committee. The committee must, at a
214	minimum:
215	1. Coordinate transportation projects deemed to be
216	regionally significant by the committee.
217	2. Review the impact of regionally significant land use
218	decisions on the region.
219	3. Review all proposed regionally significant
220	transportation projects in the respective transportation
221	improvement programs which affect more than one of the M.P.O.'s
222	represented on the committee.
223	4. Institute a conflict resolution process to address any
224	conflict that may arise in the planning and programming of such
225	regionally significant projects.
226	(i)1. Findings and intent.--The Legislature finds that
227	Florida's rapid growth in recent decades has caused many
228	urbanized areas subject to M.P.O. jurisdiction to become
229	contiguous to one another. As a result, various needed
230	transportation projects will likely cross from the jurisdiction
231	of one M.P.O. into the jurisdiction of another M.P.O. To more
232	fully accomplish the purposes for which M.P.O.'s have been
233	mandated pursuant to federal law, the Legislature finds that
234	various M.P.O.'s will need to develop coordination mechanisms
235	with one another in an effort to expand and improve
236	transportation within the state. The Legislature recognizes that
237	the appropriate method of coordination between M.P.O.'s will
238	vary depending upon the project involved and given local and
239	regional needs. Consequently, the Legislature finds it
240	appropriate to set forth a flexible methodology that can be
241	utilized by M.P.O.'s to coordinate with other M.P.O.'s and
242	appropriate political subdivisions as circumstances demand.
243	2. Interlocal coordination.--Any M.P.O. is authorized to
244	join with any other M.P.O. or any individual political
245	subdivision for the purpose of coordination of activities or
246	toward the achievement of an activity or activities of any
247	federal or state transportation planning or development goal or
248	purpose consistent with federal or state law. When an M.P.O.
249	determines that it is appropriate to join with any other M.P.O.
250	or any political subdivision for the purpose of coordination of
251	activities, the M.P.O. or political subdivision shall effectuate
252	coordination by entering into an interlocal agreement pursuant
253	to s. 163.01, which agreement shall, at a minimum:
254	a. Create a separate legal or administrative entity for
255	coordination of the transportation planning or development
256	activities intended to achieve the goal or purpose.
257	b. Provide the purpose for which the entity is created.
258	c. Provide the duration of the agreement and the entity,
259	and how the agreement may be terminated, modified, or rescinded.
260	d. Describe the precise organization of the entity, who
261	shall have voting rights on the governing board, whether
262	alternate voting members shall be provided for, how voting
263	members shall be appointed, and what the relative voting
264	strength of each constituent M.P.O. or political subdivision
265	shall be.
266	e. Specify the manner in which the parties to an
267	interlocal agreement will provide from their treasuries for the
268	financial support of the entity and payment of costs and
269	expenses of the entity.
270	f. Specify the manner in which funds may be paid to and
271	disbursed from the entity.
272	g. Specify how members of the entity shall resolve any
273	disagreement between themselves with regard to interpretation of
274	the interlocal agreement or dispute relating to the operation of
275	the entity.
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277	Any interlocal agreement entered into pursuant to this
278	subparagraph shall become effective only upon its recordation in
279	the official public records of each county in which a member of
280	the entity created by the interlocal agreement shall have a
281	voting member. Nothing in this paragraph shall be interpreted or
282	construed to require any two or more M.P.O.'s to merge, combine,
283	or otherwise join together as a single M.P.O.
284	Section 3. This act shall take effect upon becoming a law.